Last week, I attended a meeting about InfoPass for the Asylum Offices. InfoPass is an online system that allows you to make an in-person appointment about your immigration case. It has been in use by USCIS for about 15 years, and now the Asylum Offices are debuting their own version of the scheduling tool. The system is operational in my local office (Arlington, Virginia), but it is not yet available nationwide. Here, I want to talk about why the Asylum Offices are implementing InfoPass and what it will do. I also want to offer some constructive criticism (or, as we say in Yiddish, I want to kvetch).
There seems to be a couple main reasons why the Asylum Offices are adopting InfoPass. First, they want to be better prepared when people show up for an inquiry. With the current walk-in system, the Asylum Office (“AO”) does not know who is coming in or why, and so they cannot prepare in advance for the meeting. InfoPass will give the AO a heads-up, which will (theoretically) allow them to pull the file, and possibly have an answer when the person arrives. Second, InfoPass will reduce the likelihood that the AO will lose documents (a problem at my local office) because they will have the file available when the new documents arrive. Third, the new system will help manage the flow of visitors to the office and reduce wait times. The overall goal is to provide better, more efficient service.
So what can you do with InfoPass? Once you reach the InfoPass appointment page (and remember, this link is only for the Arlington office), you will see that there are about a dozen different options, from changing your address to changing your lawyer, delivering documents, inquiring about an interview or a decision, asking about the asylum clock or missing receipts, and withdrawing the case. There is also an “other” option for nonconformists. Depending on the reason for the visit, appointment availabilities and the time allotted for your visit will vary. So if you are dropping off documents, you will receive a shorter time slot than if you are inquiring about a delayed decision. If all goes well, when you arrive at your appointment, you will be received by a person who has reviewed your file, and is ready to help you.
Before we turn to the constructive criticism/kvetching, it is important to acknowledge that the Asylum Office is trying to make things better, and they should be commended for that. For me, one take away from the meeting last week is that creating an Asylum Office InfoPass system is really hard. Not only are they building something new and integrating it with existing systems, which is technologically challenging, but they also have to account for the human factor–desperate people trying desperately to talk to a human being. It ain’t easy.
The AO’s efforts are laudable, but I have some concerns about the system as it is currently envisioned.
The first problem is that people who are seeking USCIS InfoPass appointments–as opposed to Asylum Office InfoPass appointments–are filling appointment slots at the AO. During the first day of testing, something like 40 appointments were filled up almost as soon as the system went live. All but one were taken by people who were not asylum seekers, and who were actually seeking appointments with USCIS. The problem is that “regular” InfoPass appointments are almost impossible to get, and so these non-asylum seekers migrated from the regular InfoPass webpage to the AO InfoPass webpage. It doesn’t help that links to both types of InfoPass appointments appear on the same USCIS webpage.
The obvious solution is to limit AO InfoPass appointments to asylum seekers. However, as I understand it, there are technical issues that make it difficult to implement such a system, and so the AO is stuck manually going over the appointment requests to determine whether they are actually for asylum seekers. This seems untenable, and I suspect some technological fix will eventually become necessary. Maybe an interim solution is to put a link to the AO InfoPass webpage on the Asylum Office website, as opposed to the USCIS website. At least that would reduce the likelihood that “regular” InfoPass people would sign up for an AO InfoPass.
Another problem–and this is more for lawyers than for asylum seekers–is that we now need an InfoPass appointment to file documents. While I understand why the AO is requiring this (so they can pull the file in advance and insert the new evidence), it will be a hardship for lawyers. Most cases require the submission of additional documents before the interview. The problem is, we only get about three weeks notice before an interview, and (at least in Arlington) all evidence must be submitted one week prior to the interview. Thus, once we get notice of the interview, we have precious little time to complete the case. Adding a further constraint–such as the need for an appointment to file documents–is going to be very challenging. We often don’t know when the evidence packet will be ready, and so it is difficult to know when to schedule an appointment. Also, it is easier for repeat players, like lawyers, to file documents when they are going to the AO for some other reason. If we have to make extra trips to file documents, we may need to pass the expense on to our clients. This will make it more difficult for asylum seekers to afford legal help.
I expect that most lawyers would rather file documents by mail than make an InfoPass appointment. The problem is that evidence filed this way is more likely to get lost, which could result in the interview being rescheduled.
A third problem is that appointment slots are limited, and I fear that many will be filled by asylum seekers who repeatedly appear at the AO to inquire about their cases. While I understand that people are anxious and want to talk to a human being, without some limitation on the frequency that asylum seekers can appear at the AO, others who need appointments may not be able to get them. One (partial) solution here might be to identify questions that are amenable to telephonic or email responses, and then to contact the person prior to the appointment. The AO is hoping to implement such a system, but probably not anytime soon.
To me, the basic issue is that we need knowable, enforceable rules about InfoPass and about the asylum system in general. I’ve written previously about how the AO could make its webpage more useful. If people were more well-informed, they would have less need for InfoPass.
Based on the meeting last week, I think the AO is aware of these (and other) issues. They are open about the fact that the new InfoPass system is a work in progress, and that it will evolve as they learn more about how it is being used and what people need. While I can’t say I am thrilled about the new document filing system, InfoPass for asylum seekers is otherwise a positive development. Hopefully, the AO will continue to upgrade their systems and respond to the needs of stakeholders. If so, I expect they will improve efficiency and help ease the pain for those who are waiting.
Hi Jason, what office does asylum applicants living in Baltimore fall under? Is it Arlington?
And is Arlington following the LIFO system, that is how soon does one get interview after filling for asylum with Arlington office? Thank you
Arlington. They follow LIFO, but currently, cases are moving slowly and few new cases are being interviewed. The rumor is that this will change very soon, and new officers will be coming there, so if you file a case there in the next few months, you may get fast interview. We are waiting to see whether these rumors are true. Take care, Jason
Jason, after long process I got my “Asylum Granted I94” Card. Question: can I travel back to my home country with travel document? How long is it taking to get travel document these days? What are the risks of travel overseas with travel document & i94?
It probably takes 3 to 6 months to get a Refugee Travel Document. You can travel to your country. However, if you do, you risk having your asylum case re-opened and denied. You also have some risk of being detained upon re-entry. I have had clients go back to their country without consequences, but there is a risk and you have to decide whether the return trip is worth the potentially serious consequences. Take care, Jason
Jason, I’ve got my Asylum Granted I-94 Card. Can I travel to another country (other than the country I asked Asylum) to meet my wife with a travel document? Will there be some risks at my return to the United States? What should I do to minimize (any) risks? Any idea? Thanks in advance!
If you get a Refugee Travel Document (form I-131, available at http://www.uscis.gov)., you can travel to a third country to see her. Not all countries accept the RTD, but you can check the embassy website for that country or contact the embassy to try to find out. As long as you have a valid RTD, you should be able to return to the US. I have never heard of a case where a person with a valid RTD was refused entry. Take care, Jason
Jason, can I make an InfoPass appointment with Washington Field Office in Fairfax, VA? Baltimore Field Office is not accepting neither InfoPass nor walk-ins. I’m looking to get my asylum granted I94 Card (Asylum granted by Baltimore Immigration Court). I called the 1-800 number & that didn’t help much. So confused where to go. Appreciate your responses in advance!
The USCIS is eliminating InfoPass (in contrast with the Asylum Offices, which are only now implementing InfoPass). My understanding is that you have to call the phone number on http://www.uscis.gov, and make your way through that jungle until you talk to a person who can set up an appointment. It is idiotic, and seems to me that it is another barrier they are throwing up against non-citizens. I have not tried it yet, but that is my understanding of the new process. Maybe an alternative, if you cannot navigate their maze, is to Google “post order instructions in immigration court”. Follow those, and you should be able to get the I-94 and a new EAD (I think). Good luck, Jason
Hello, Jason
Do you have any information about Arlington info pass appointments? I managed to make an appointment for this Wednesday, and I am wondering if it is helpful at all? Maybe you have clients who have already been there with info pass appointment about asylum decision? Did they give a piece of specific information about the reasons for a delayed decision?
We have not done it yet (as you can tell from the above post, I am not particularly enthusiastic about the new system, but I hope they prove me wrong). Let us know how it goes – I know they hope to be able to provide substantive info to people at the appointments. Take care, Jason
Jason, Baltimore Field Office doesn’t accept InfoPass. On their website it says “This office is not accepting walk-in requests or scheduling InfoPass appointments.” Arlington Asylum Officice doesn’t have my documents as they sent it to Immigration Court. Can I make InfoPass appointment with any field office to get my “Asylum granted card & I-94”? (Baltimore Immigration Court granted my Asylum). Any idea? Thanks
Jason, Baltimore Field Office seems has no options to make an InfoPass appointment. It doesn’t accept walk-ins or calls. I tried many times online to get an InfoPass appointment. The reason for my visit is that I’m looking to get my asylum granted card I-94. I made an appointment with Arlington Asylum Office but they don’t have my documents as they sent it to Baltimore Immigration Court (my Asylum was granted by Baltimore Immigration Court). I called also the 1-800 number but that didn’t help much. Can I send a mail to them? Any ideas? Thanks!
The USCIS is eliminating InfoPass (in contrast with the Asylum Offices, which are only now implementing InfoPass). My understanding is that you have to call the phone number on http://www.uscis.gov, and make your way through that jungle until you talk to a person who can set up an appointment. It is idiotic, and seems to me that it is another barrier they are throwing up against non-citizens. I have not tried it yet, but that is my understanding of the new process. Maybe an alternative, if you cannot navigate their maze, is to Google “post order instructions in immigration court”. Follow those, and you should be able to get the I-94 and a new EAD (I think). Good luck, Jason
Jason, I’ve an InfoPass appointment to get my asylum granted paper (Baltimore Immigration Court granted my asylum request) with Arlington Asylum Office. I choosed “other” option and briefly explained the purpose of my visit. Anything wrong with this? Do you think I did right? Appreciated your feedback!!
No – that is perfectly fine. It is impressive that you got an Info Pass appointment, as the system is a real mess these days. Congrats on the asylum! Take care, Jason
Jason, Do I need to apply for my EAD renewals with my appointment with Arlington Asylum Office? If so, what documents are required? Like my recent photo? Or the Arlington Asylum Office will automatically apply/send the EAD?
You renew the EAD with USCIS, not with the asylum office. Check the instructions to the I-765, available at http://www.uscis.gov – they tell you what is needed, the fee, and where to mail the form. For an asylum pending case, the EAD renewal category is c-8. Take care, Jason
Jason, I’m back again. My asylum was granted by Baltimore Immigration Court & I’ve an infopass appointment with Arlington Asylum Office. Do I need to apply for EAD renewals with in my appointment with Arlington Asylum Office? If so, what documents are required? Like my recent photo? Or the Arlington Asylum Office will automatically apply/send the EAD?
The Asylum Office has nothing to do with this. If you are renewing an EAD based on category a-5 (asylum granted), you have to follow the instructions for the I-765. If this is your first EAD after asylum was granted, Google “post order instructions in immigration court” and follow those; it will tell you how to get an EAD. Take care, Jason
Hey Jason,
Will there be an interview for adjustment of status for asylees? USCIS websites states that it is up to their consideration when an approved asylee has already been interviewed, and I was wondering if your clients have been scheduled for Greed Card interviews?
I was approved by an immigration judge about a year ago. Recently applied for GC and will be doing the biometrics very soon. I also asked AVVO lawyers but their replies are usually very neutral.
Thank you so much!
Kind Regards,
A
For the most part, I do not think we have seen interviews for the principal applicant who received asylum. Supposedly, derivative applicants will get interviews, but I have not seen that either (though I do not remember doing an adjustment for a derivative recently). In some ways, it is better to have an interview, as you can correct any errors on the I-485. If such errors go uncorrected, they sometimes cause trouble when you naturalize. The real problem with I-485 forms is the unpredictable and long wait times – I think the USCIS website says that processing times are 13 to 31 months! Possibly, this is because more people – especially derivatives – are being interviewed, but I am not sure. Take care, Jason
I see now. It certainly had a ton of unspecified questions so I asked my lawyer to go through the form prior to sending it. We broke things down on the last page, just in case. She said interview have become a bit more common, yet AVVO attorneys claim EVERYONE gets an interview.
Highly appreciate your replies, thank you!
A
Hi JASON,
HOPE YOUR DOING GOOD..
COULD YOU PLEASE LET ME KNOW WHAT’S THE ISSUE IN THE BELOW SCENARIO.
1) I HAVE APPLIED MY FIRST I-765 ALONG
WITH MY SPOUSE AND KID IN LAST
MONTH.
2) YESTERDAY WHEN I WAS CHECKING IN
ONLINE MYSELF AND MY SPOUSE STATUS
CHANGED INTO ( NEW CARD IS BEGIN
PRODUCED )
3) BUT STILL MY KID STATUS SHOWING ME
( CASE WAS RECEIVED ).
4) CAN YOU PLEASE SUGGEST ME WHAT I
CAN DO IN THIS.
THANKS FOR YOUR HELP IN ADVANCE.
REGARDS,
VJ
There’s nothing you can do about it. They seems to process each person individually even thought their applications were sent in the same packet.
I think there is nothing to do. It is very common that applications for family members take different amounts of time, even if they are submitted together. If the cases are received, they should be processed, and for first time EADs based on asylum pending, usually this is only taking a month or two. Take care, Jason
Hi Jason, I really appreciate the support you are giving to the asylum community. I can not thank you enough for the free help,where other lawyers are charging a lot just to answer a simple question. you are always in my prayers . I wish I could meet you someday. May you always stay blessed with prosperity and good health.
My question is for the those who have applied in New York office. Does anyone know which year and month cases they are interviewing now from the backlogged cases? Has anyone been interviewed recently in NY from old cases? We applied in NY in Jan 2016. I just wanted to know our estimated interview date. Thanks a lot.
Good Wishes for everyone
I don’t know about NY, sorry. Hopefully, someone else can give you an idea. Remember that you can try to expedite if you want – I wrote about that on March 30, 2017. Take care, Jason
December, 2015 applied
March, 2019 interviewed
NYC office
What is your case about NN, Can you share your information with us ?
Thanks Maher
Has anyone here received a decision from Minneapolis office in last 6 months?
What’s going on with the Houston office?is it moving fast?
I have a question about AP…if you dnt fear the govt but a particular community in your home country..can you visit your home country with AP?
What is the time frame for AP approval?and how do you apply for it
It is becoming extremely difficult and length to get an AP approved nowadays. It’s one of USCIS’ strategy to dissuade people to stay in asylum…And no I don’t think you can go back to your home country, you case will be considered abandoned.
Thanks for your reply
I do not recall how Houston is doing in terms of speed, sorry. As for AP, I wrote about that on September 11, 2017. Since that time, it seems to have become harder and slower (maybe 6+ months) to get. Nothing stops you from traveling to the home country if you have AP, but it certainly could affect your asylum case – you can explain that you do not fear the government, but returning home is usually a big issue for asylum cases (though it is possible to overcome this problem in some cases). Worse, you could have a problem when re-entering the US. The border officers probably will not distinguish between fear of the government and fear of a particular group in your country, and you could have trouble when trying to re-enter. People do this, and so I know it sometimes possible, but if you go home, you take a risk. Take care, Jason
Thanks Jason for your reply
Hello Sir,
I am going to apply for the asylum based Green Card next month for self and five other family members. If we request for the fee waiver, can it be an issue later on during naturalization process? We relatively new in US with limited income since we got approval within 60 days after applying asylum, and now getting some public benefits as well.
Thanks
The fee waiver is not an issue. Neither are the public benefits. People with asylum are not affected by such things. I wrote about this in more detail on September 24, 2018, if you are interested. take care, Jason
Hi Jason,
I have been following your b,log for more than a year and i learned a lot from it, thank you for all your good deeds! We need lots of people like you to make this world a better place!
I have one question to ask Jason, I applied for asylum in Newark office on January 2017. Could you please advise approximately when I should expect my interview? or when did the last person from the backlog that you know got interviewed in Newark, applied for asylum.
The Newark office seems to be moving along, but I do not recall when our last backlogged case was interviewed there. Maybe someone else knows. You can always ask to expedite – that office is better than most about expedite requests – I wrote about expediting on March 30, 2017. Take care, Jason
I Applied May 2016 but not getting any interview call. refused my expedite request too.but you may try your chance .
Thank you Jason and Asylee!
Asylee, do you know anyone who applied in Newark office between January to September 2017 and called for interview?
Thank you
Hi Jason,
can asylum office accept new evidence after submission of rebuttal?
Thank you
You can submit it and see what happens. You should explain why you are submitting it late. They may not accept it, but there is no harm in trying. Take care, Jason
Jason,
Me again:)
If a case is referred because of not providing enough evidence for filling later than the one year deadline, how likely is the judge to be okay with listening to those evidences only, if in the referral notice is stated that the imigration oficer has found that person has proven that he is good candidate to get asylum because of future persecution but they are issuing a referal just because of that problem?
And what in your opinion can be a good evidence to missing the deadline? I’m well aware that I don’t know is not a changed circumstance.
Thanks!
Hi Jason,
I’m the person who wrote the post about the bad citizenship interview experience below. Sorry to bother you again. I have 2 questions
1. I’m supposed to travel in a few days for work overseas. Is it safe to do so? Of course I have the GC, won’t be going to COP (never been) and using RP document as usual. Don’t have PP. My concern is that if my case gets denied and an NTA gets issued, I won’t be able to come in. So I’ll be left with my suitcase in no mans land. Can’t go to COP and can’t get home to US.
2. I read that there is a statute of limitations of GC revocation of 5 years. Is this 5 years from issued date or from residence since date? As you know Asylees are backdated by a year. I want to know if I am safe since I still have a few months for full 5 years.
1 – I think it is safe to travel. I do not see how the case would be sent to court (that is the NTA) without some procedure to terminate asylum. Also, even if you did get an NTA, the GC is still valid until you go to court and do the case (and lose – if you win, you keep the GC). So I think travel is safe. 2 – There is no such thing as a statute of limitations for green cards. There are certain defenses that arise after you spend a period of time in the US, but that would not apply if your GC is being terminated for fraud. In any event, I think that is a very unlikely scenario and I think you are safe to travel. Take care, Jason
Thanks for your replies Jason. It’s a needless situation I’m going through when I actually was excited to be “done” with the journey. Guess it never ends. I was concerned about the NTA because I read in the literature that asylum that is granted by the court cannot be taken away by US CIS. Hence they should be sending an NTA. Now I’m not sure what happens to GC adjusted via asylum. I read that CIS thinks that once you adjust you aren’t an Asylee anymore and all they have to do is revoke the GC. Since I stated wrong dates because of memory lapse during interview I am worried they will try to get me for perjury. I did say clarify that I’m a mental trauma survivor and have memory lapses but who knows.
TAIRO S, I honestly think you are overthinking the whole thing, and in the process getting depressed. And this is coming from someone (me) who is overly analytical.
Thanks Jamie and you maybe right. I am getting depressed. I literally have been spending the past 2 weeks browsing the internet about “what could happen” and coming across all kinds of horrible experiences and situations. If you look at my profile I’m really someone who at the first glance looks like they have a clear path. No citations or crimes, no false claims to citizenships or voting, No travel that is over 30 days (mostly 2 weeks max) and total travel is around 130 days in 5 years, I have listed all organizations properly on n400 similar to 589, I checked “yes” to if I was in removal question and explained the answer, never traveled to COP, never used or renewed passport. Still I was grilled about asylum and even asked about my original visa application which I barely remember. I’m not sure if they suspect fraud or saw something on the file or the IO was an AHole. I hope no one goes through this. I read Jason’s blog and people here are suffering and waiting and some maybe in a worse place than me. But I can’t help worrying how badly my life will be uprooted.
For what it’s worth, my theory is that the IO was an AHole. Take care, Jason
I guess I think these negative scenarios are very unlikely. I suppose, worst case, they could consider that you committed a fraud and issue an NTA, but that seems very unlikely, and I would expect another interview of some kind first. If they did send you to court, it would probably result in a win, since your only issue is that did not remember some dates many years later. For that reason, I doubt they will bother. Take care, Jason
Typically, the judge will review the entire case again, but if the DHS attorney agrees that the person qualifies for asylum except for the one-year bar, maybe the judge could just rule on that one issue. This is a situation where it may help to talk to DHS in advance and see what is their position, as it could result in a shorter hearing. As for overcoming the one year bar, I wrote something about that on January 18, 2018 – maybe that would help. Take care, Jason
Thank you very much Jason.
When you say shorter hearing that applies to the individual correct ? I will not be able to get a decision on the master even if we talk to DHS before and we submit evidence to the one year bar issue, if I’m understanding correctly.
Can you provide me with you address, i would love to send you a small gift as thank you for always answering my questions.
A shorter individual hearing is possible if you can narrow the issues. I would not say it is impossible that DHS could agree to grant asylum at a Master Hearing, but it is extremely rare. In a case like this, I highly doubt they would do that – they would need to review the case more thoroughly. As for me, I appreciate the thought but it is not necessary. Thank you, Jason
Hi JASON,
where to find expert witness for disability abuse? Would you mind to name a few? Contacted multiple people but no response even after many months.
Thank you
I do not know any. You would look for university professors, researches or others who have written about such things. Maybe if you find some news articles on point, you could look to see who is used as an expert in the article and contact that person. Take care, Jason
Hi Jason!
I can not thank you enough for your wonderful help over the years.
I do have an asylum granted almost a year ago. I am preparing to file for my green card in a month time. My husband’s employer has already started petitioning his green card (from H1B) a week ago. I am confused as to what to do. Do you advise me to simply wait for the green card from my husband’s employer or should i file for my green card based on the approved asylum? Which one is faster?
Thank you,
Kem
It’s up to you, but probably the asylum GC is faster, though it would depend on what stage of the process your husband is at, and whether he can premium process. It is a lot cheaper overall to get the GC from asylum, as there are many fewer steps in the process, but maybe if your husband’s employer pays for his GC (and yours) that would save you money. You could also avoid the whole thing if you were married at the time you won asylum – you could just file an I-730 for your husband (assuming it has not been more than 2 years since you won asylum), he could get asylum and then file for a GC in one year. Since this is cheaper than employment-based processing, maybe you could even get the employer to pay for it (a win-win!). Take care, Jason
Jason,
Thank you for your response. We have been married for more than 13 years, long before the asylum thing was even though of. My husband and two kids are included in my asylum approval. Also, the kids and me are included in his GC application at his work. His employer is at the early stage of the GC application process. The employer pays only his fees; the rest is upon us. Money should not be the problem. The time the process takes and the certainty of the approval are. We are from a country that has shown a significant political change over the past year. Thank you!
Let him ask the lawyer for the GC how long it might take. Then you can compare it with how long it might take to get the GC based on asylum. If your whole family has asylum already, getting the GC based on asylum is probably faster, but if you would need to file the I-730, wait for a year once they get asylum, and then apply for the GC, the employment route is probably faster. Take care, Jason
1830 – 1082 days, decision is pending
1840 – 1101 days, decision is pending
1850 – 1218 days is pending, next step is interview
1860 – no such number
1870 – 1218 days is pending, next step is interview
1880 – 1218 days is pending, next step is interview
1890 – my number
1800 – 1222 days is pending, next step is interview
Okey, I understood. ZNK is NJ AO, next two digits after ZNK is the year where application was submitted.
For example, case ZNK14******1890 – decision picked up, awaited 1094 days. Clock was stopped.
Hi there,
I tried the same,
ZAR16****5690 is has been interviewed, decision pending. Case Pending for 1040 days.
My case ZAR16****5490 pending 1061 days. I went nuts!!!!!!! It is frustrating!!!
If your assumption is right than I should have had interview before the person with 1040 pending case as mine is 1061 days. Asylum seekers should ask Congress and USCIS to allocated some funds and resources to OLDEST cases else those stuck will get mad!!
Thanks.
I agree with this, but remember that the other person may have been expedited. You can try that too if you want – I wrote about it on March 30, 2017. Take care, Jason
Hi JASON
I did a little hacking. My case number is ZNK*******1890. And my case is pending for 1218 days.
I decided to try to find the statuses of cases close to my number supposing that the numbers are assigned in time order and maybe depends on location.
The following is what i found:
1090 – 1144 days, decision picked up
1190 – no such number
1290 – no such number
1390 – no such number
1490 – 1218 days pending
1590 – 1218 days pending
1690 – 1218 days pending
1790 – no such number
1890 – my number, 1218 days pending
1990 – 1173 days, decision mailed
What i will do I will check the case numbers that has decisions and see if pending days change. If they change it means that clock is running for these cases regardless these cases are out of backlog. If not that means that oldest cases are being considered. I this gives me the hope that my case will be invoked soon.
It’s an interesting idea, but I am not sure how much it tells you (other than that most of the cases close to your number were filed around the same time as you). If the decision is yes, the clock should stop, but if the decision is no, the clock should keep running. I suppose if you get enough data, maybe you will learn something, though I am not sure what. I do know it is a real shame that we are so in the dark that you have to try to suss out info from these numbers. Too bad the asylum office would not just give us more info. Take care, Jason
It’s obviously understandable that USCIS don’t want to give out more info about that…The current administration and probably (at least) half of the country don’t like immigrants
2-Last August 2018 we expedited our case .we applied since dec 2015 at Arlington office.we received a mail from them but they never scheduled us for an interview. Jason it make us sick.please Jason can we send them another email just to remind them about the email that we sent to expedited our case? THANK YOU
In most, but not all cases, they respond to expedite requests with a yes or no. If they did not respond or if they said no, you can try again. If they said yes, but did not schedule the interview yet, you can remind them. Take care, Jason
Thank you!
Hi precious Jason and thank you.please have two concerns.1- we have a13 year old boy. He doesn’t have social security and we can’t put him when we file taxes.can we apply for a working permit for him so he can have a social security ? Since 2016 that we get our first working permit we never applied for him because we don’t know if he can be eligible for that just to have a SSN.
Hi,
You can always legally apply for ITIN number for him via IRS website and use it for claiming dependent.
Thank you Tairo S.
If he is a dependent on the asylum case, and if the principal already has a work permit, you can apply for a work permit for him, and this will get him an SSN. The first work permit for him is free. Take care, Jason
Just realized that Jason already answered. I guess I should read through next time.
God bless you Jason.
Apply for EAD for him and take it to the social security office to get him ssn. I did that with my kids. The first EAD should be free.
Thank you Tina.because we didn’t have info about that since 2016 we are filing taxes without him.
Jason thanks your help.
How likely is the Arlington office to grant expedited interview based on “in-state tuition” argument?
Probably not very, but expedite requests there are pretty random, so I guess you can try. Take care, Jason
Jason,
I recently got asylum request granted by Baltimore Immigration Court. My current EAD will expire by 06/30/2019. Do I need to renew my EAD or just the USCIS asylum granted paper (i-94) enough for my employment? Thanks!
The I-94 is enough, but if you did not do it, you need to Google “post order instructions in immigration court” and follow them. You will get an I-94 and they should also send you a new EAD based on asylum granted. Take care, Jason
Hi Jason thank you for everything you do. I have a pending asylum case. I had one master hearing and the immigration judge temporarily closed our case under PD. Said we can stay as long as we pay taxes and obey the rules. The PD was given to us in mid 2016. I was under the impression that we can stay pay our taxes renew my EAD and continue. The other day i received a letter stating that i have another master hearing scheduled in MAY. What could be the reason?
The Trump Administration has basically eliminated PD, and so they are probably in the process of returning such cases to the active docket. It is idiotic, as it contributes to the continued breakdown of the immigration courts and the inability of DHS lawyers to prioritize cases. However, you should prepare to move forward with your case and hopefully find a lawyer to help you. Take care, Jason
Hi Jason
My hasbund is recently diagnosed of a cancer .and we are family of six persons we applied in Arlington office five years ago . And we are intreviewed twenty months ago and me and my hasbund are depressing of waitting .and the last sercumstant make us so sad instead off our passports is expiared and no embassy of my country in USA and my hasbund is wanted in our country and we can deal with the embassy.I am really broke and I don’t know what I can do ?
I think you should contact the asylum office and inform them about your husband’s health issue. Explain that the delay is causing extra hardship due to stress, etc. Maybe get a letter from a doctor that says all this. Ask them to expedite the decision. It may help. Good luck, Jason
Hi everyone,
Is there any approved I-730 for someone who has been in the USA? If yes, please share your timeline. I have an pending I-730 petition and I am in the USA.
Thanks
Ali
You can file an I-730 for a person in the US. I forget the timeline for recent cases, but generally, we have seen such cases take 6 to 9 months, I think. Take care, Jason
Hi Jason!
It’s been one week since i had my IH in NY.
After I waited 5 years in stress and fear, now stress and fear is bigger than ever before.
As i told you the judge couldn’t give me the decision so she said that she needs to review everyone more time because it was a mistake in cards from my political party. But i have more affidavits that proves that me and family are members of the party. And the other issue was about Taxes that i field in PA when i was working part time instead of doing in NY when i was living. But I paid state taxes of NY and PA aswell.
Do you think these are enough reasons to denied my asylum?!
I don’t know what to wait ?!
It depends on the judge, but such errors seem pretty routine, and they do seem like pretty weak reasons to deny. If you have new evidence to address the issues that arose in court, maybe you can talk to your lawyer and submit that. It is better to do it sooner rather than later, since you do not know when the judge will make her decision. Take care, Jason
Hi Jason,
Can you please give an estimate of what percent of your recently filed clients got an interview in the Arlington office and what percent fell into the backlog?
I am not sure, as waiting times based on LIFO seem to vary, but I would guess that it is less than half that are interviewed within 3 months. Take care, Jason
Hi Jason,
I know this is not the right platform to ask this question. I was wondering if telecommuting was allowed on B1/B2 visa. I will be earning income from a foreign company and won’t be obligated to pay taxes in the US. It will be a temporary arrangement while I am on holidays in the US.
Thanks,
Ali
I think if you earn income overseas while you are visiting the US, it is not an issue. I do not know for sure, as this is not my area, so if it is a big concern, you might check with a lawyer who does more non-immigrant cases to be sure. Take care, Jason
My MH is March 2020, my fiancé just proposed and we are getting married but I’m wondering if he can file an i130 for me because he’s been to jail for 3.5 years for possession of weapon. Pls can this be a red flag on my case and our marriage based interview.
Thanks Jason for all you do.
If he is a US citizen, this arrest should not matter. I did a post on August 8, 2018 that might be helpful to you. Take care, Jason
Hi Jason
Do you have to pay for EAD renewal 2nd time?
And do we also have to pay for children under 6 years old for renewal the 2nd time we renew it?
Please advice
Thanks
You pay each time you renew, and you do not need to renew for the children.
I got for my children the first time just so they can get SSNs.
Tina Thank you for helping!
Everyone who wants to renew has to pay. If you want to avoid the fee, you can file for a fee waiver using form I-912, available at http://www.uscis.gov. Most people do not renew EADs for young children, since they do not need them, but that is up to you. Take care, Jason
Thank you for always helping Jason!
I will always take your advice!
M
Hi Jason,
Hope you are doing great! My EAD renewal (C8 category) application got rejected because of improper payment. I sent a check for $495.00. What is the correct payment? Is it $410.00?
Thank you as usual Jasaon!
It is $410, as you do not need to pay the biometric fee when you renew the EAD. Take care, Jason
Thank you so much Jason and have a wonderful weekend! God bless you!
Hello Jason!
Hope you are having a great time.
I just want to ask about couple of things. The first thing is about a month ago my husband receive a letter for asylum interview but after two weeks just a week before the interview he got another letter informing about the cancellation of interview. After that we are waiting for the letter again but haven’t receive anything. When is the possibility to receive the letter again?
And the second thing is my husband has a work permit and I don’t have as per the system I have to wait for 150 days and after that I can apply for it. Is there is any possibility to file for the permit on the basis of my husband before 150 days or not?
Looking forward to your kind response.
Thank you!
1 – You should receive the letter soon, as re-scheduled interviews are supposedly the priority. If you do not have anything in a few weeks, you can email them and ask (you can find their email if you follow the link at right called Asylum Office Locator). 2 – If you are a dependent on your husband’s case, and he has a work permit, you should also be eligible for a work permit. There is only one “clock” per case, and if the clock has passed 180 days, you are eligible for the work permit. If you have your own case, you have your own clock and would have to wait for that (if the clock passes 150 days and is still going, you can apply for a work permit, but you have to reach 180 days until you can actually get it). Take care, Jason
My husband filed his case about three years ago and at that time we haven’t met at that time. So I was not in his case. We got married 5 months ago and then I filed a case in which I mentioned him as my husband.
Now I am done with my interview but I have to wait for the interview of my husband. Can I still have have to wait for 150 days?
If you are added as a dependent on his case, you can get your work permit based on that. But if you only have your own case, you have to wait the 150 days and then you can apply for your own work permit. Take care, Jason
Hi Jason,
I just saw this comment and wanted to clarify whether I was understanding this correctly. If I filed a case and added my spouse/dependent later (we were already married at time of filing case), say 3 months after because they entered the country after me, are you saying that they do not have to wait? I can file a I-765 for them as well because we are all under one clock?
Thanks a lot.
If the principal (you) is eligible to file for an EAD, any dependent is also eligible to file for an EAD. It does not matter when the dependent arrived. There is only one clock per case, and so if 150 days gave passed and the clock is still running, you and your dependent(s) can file for EADs. Take care, Jason
Thank you as always, Jason.
Hello Jason,
I belong to a specific ethnic group which is prohibited by the law of the country to work in the academia and industry? I have pursued my PhD from the USA. I cannot make a living even with a PhD degree. Is it not economic persecution? Country conditions reports from the state department and other sources, do not carry such information. I do not know how to prove this? even this information is not available on the internet in the form of newspaper or any other form.
thanks
Economic persecution can qualify someone for asylum, but such a path is not very common, and they may not consider it persecution if you have other jobs available to you. To prove the point, you might find an expert witness – usually a university professor, a diplomat, a think-tank worker, etc. – who knows about the issue and can write a letter explaining the problem. Take care, Jason
Hello Jason! I have a question about info pass appointments. I had my interview 2,5 years ago at Arlington and there is still no decision. I am trying to set an appointment with Arlington Asylum office to get information about the decision of my case, and I cannot do it. It shows available date April 10 (which is Wednesday) but no time selection. Does it mean that for inquiries about the decision of the case you can come any Wednesday without an appointment? Is info pass helpful in such a situation?
For the next couple weeks, you can go to Arlington any Wednesday morning without an appointment. It will take several hours, and anyone who manages to get an InfoPass appointment will jump ahead of you in line, but you should get to talk to someone about the case. They hope to eliminate walk-ins by mid-April, but my guess is that that won’t happen. We shall see, but if you want to walk-in, I would do that very soon, as they hope to eliminate that system and maybe they will. Take care, Jason
Jason could you please advise. If I go now without an info pass appointment, will I be able to talk to an officer who would give me more information other than “decision is pending?”The reason I ask is that I live 3 hours away from Arlington, and I do not want to go there for information that I can get online. Will it be more effective to wait until I can make info pass, so they review my case before my appearance and give me specific information on my case decision?
I am not convinced that it will make much difference. I think they aspire to help you if you show up in person (with or without an appointment), but in reality, I think they will just tell you that the case is pending. I suppose if you can get an InfoPass appointment, that would – theoretically – increase the likelihood of a substantive answer, since they will – again theoretically – pull your file ahead of time and take some action. Maybe hold out for an appointment, since you are traveling so far, but I would not be surprised if they have no useful info for you. Of course, you never know, so maybe it is worth a try. You might also just try to email them – that is easiest and you never know if it might help. Take care, Jason
Thank you a lot!
Hi Jason,
Thank you for always helping us.
For EAD renewal, when we send in the money order and receive the new EAD cards after biometrics (right?), how long does the card last? Will it be for 1 year? 2 years?
Thank you very much.
Hi Jason
I would appreciate you if you can help. I had a naturalization interview where the officer suddenly asked me some questions about some dates on my asylum application. It has been a long time since then almost 8 years so I do remember my story well but I misstated the dates. He challenged me about the discrepancy and I explained that I gave him the best I could remember and that it’s not a misstatement but a honest memory lapse. He gave me history test which I passed and gave me a paper that decision cannot be made. He told me that he will have to review stuff in detail. I’m now extremely worried that I may lose my residency and they may even try to reopen and revoke my asylum. I already saw a lawyer and they told me that we will have to wait for the decision. I want to know what they will do about this? Am I in severe danger for deportation? I do not have any crimes or other issues and paid my taxes. I answered all the other yes no questions but the only issue with the interview was the dates. The officer seemed strict. Please advice.
I did four naturalization cases for my asylee clients recently. In one, the officer asked a few questions about asylum, and the client also did not remember – she was about 15 or 16 years old at the time of her case. All four people were naturalized (well, one has her oath ceremony in a few weeks, the others are citizens, including the one who failed to answer the questions about her asylum case). All are from “banned” countries. Based on this, I am not sure whether asking about asylum at the naturalization interview is a new thing or it is just a few officers. I do advise clients to be prepared to answer questions about their asylum. That said, I do not think you are in danger of being deported. To do that, they would have to go through the process of re-interviewing the asylum in order to terminate, and you could explain your errors at the naturalization interview and re-familiarize yourself with the asylum case. I doubt they will be bothered with that process for a few missed dates. I agree that you will have to wait for a decision, and the issue is that your case may be delayed. Hopefully, not for too long. I would give them at least 2 months, and if there is no news, you can make an inquiry. Take car, Jason
It blows my mind that the officer would even bother to ask about the asylum case/dates on the asylum application that was filed 8 years ago. This is bordering outrageous. While it is perfectly fine for the officer to look for fraud and ensure that the applicant is eligible for the benefit he or she is applying for, it makes absolutely no sense to ask an applicant to remember the exact date something happened 8 or 10 years ago.Besides, I would go further and say that there is no need to question the applicant about his/her asylum case again if you don’t suspect fraud in the asylum/green card application. You are inhumanely re-traumatizing the applicant. Begging you for protection and immigration benefits doesn’t give you the right to keep re-traumatizing us by constantly asking us about our asylum claims! We sometimes just want to forget about what happened. It is unfair to ask applicants to keep reading over I-589, or reviewing affidavits submitted as part of I-589 application, for an N-400 application. And when we can’t reasonably remember exact dates, you try to make us out to be liars when it’s really your shortcoming. It is normal for people to suppress traumatic events, and it is perfectly normal for people to not remember exact dates of when things occurred.
This is well said, and I agree 100%. Unfortunately, the can ask about the asylum case, and so I am recommending people to review the case before the N-400 interview, just in case. But I do agree that it is ridiculous that they should do so absent some evidence of fraud. Take care, Jason
Thank you Jason and Jamie. I had actually done a free consultation with a lawyer before applying and they told me that I should be fine and I really don’t need a lawyer for civics test interview (how they described it). I went in and the thing got immediately serious with questions about asylum. I was granted by the court. When I missed the dates I did inform the officer that I’m a trauma survivor with diagnosed ptsd which is also in the record. I may not remember everything properly as a part of trauma healing and it was not intentional. He didn’t care and immediately started civics test which I passed and told me that considering the situation he may have to review everything more thoroughly and he can’t make any decision. He seemed very serious. I was literally shaking as I came out and haven’t been able to sleep for the past one week since this happened. I know that government is not responsible for mental issues but I’m worried that I may go through the whole process again especially if this is dragged longer or they take drastic action. On second thoughts I shouldn’t have applied but the lawyer told me I qualify 100% and there is no reason why I shouldn’t apply. He also told me that there are people with far far worse records and crimes who have become citizens.
The officer sounds like a jerk, but in the end, I think it is unlikely you will have a problem. Not that I could do this myself, but the best thing to do is put it out of your mind and just wait for a decision. Take care, Jason
For asylum pending, the card should be valid for 2 years. Take care, Jason
Jason, I am forever grateful for what you are doing for the assylum seeking community. Thank you very much for being our light of hope in the unpredictable world of assylum.
My file was received by Arligton AO at the end of Dec 2014 & is pending since. I see some people that filed much later than me were interviewed without expediting. Do you think this is normal?
I do not know why that is happening, as the AO says that if they have time after LIFO cases (which is rare), they interview oldest cases first. If that is happening, you may be interviewed soon. If your case is not ready, you should try to get everything ready. Also, we seem to have more luck expediting older cases than newer cases, so you might consider trying that. I do not know if that is just coincidence, but I think they are more likely to expedite an old case. I wrote about expediting on March 30, 2017. Take care, Jason
Hi Jason,
Thank you for the wonderful job you are doing here. My asylum, which was based on political persecution, was granted a year ago. I am planning to file for my green card. However, I fear that USCIS will not approve it. Because there has been a major political change in my Country (Ethiopia) after my asylum was approved. What do you advise me? Have you heard or encountered similar cases?
Thank you as always.
Mek.
I have seen one Ethiopian case recently where the asylum office found past persecution, but denied asylum due to “change country conditions.” I think that is ridiculous, and if that person had a lawyer, maybe (hopefully), the lawyer would have submitted evidence about this to avoid that outcome. I have not seen or heard of any examples of the government trying to take away asylum from Ethiopians who have been granted. I do think it is safest to get the GC as soon as possible. Conditions are still not safe for many in Ethiopia, but if things continue to improve, you are safer with a GC than with asylum status. If they did try to take away asylum, I think there is still plenty of evidence to show that conditions in Ethiopia are not safe, and so I think it is probably better to apply now, but that is up to you. Take care, Jason
Jason,
1. In the case that you mentioned, can the applicant use past persecution to establish eligibility for asylum, or would the government lawyers rebut future persecution by demonstrating changed country conditions? I always thought that if the applicant establishes past persecution, and he demonstrates he is otherwise eligible for asylum, notwithstanding changes in country condition(s), he would have established eligibility for asylum.
2. Have you ever witnessed an I-485 application being denied adjusting status because of a change in country conditions? I feel like this is theoretically possible but unlikely to happen. I met a guy from Africa who won asylum about 12 years and has just adjusted status to LPR (2019). His country is almost a different country now from when he won asylum. This could also be an isolated case especially since most asylees try to adjust status as soon as they are eligible.
3. Do you think LPR status, based on a grant of asylum, can be affected by change in country conditions?
4. Can derivative asylees who want to adjust status to LPR be affected by the country condition requirements?
1 – He did that and they found past persecution. However, the officer found that conditions in Ethiopia had changed and it was now safe to return. I think that was a bad decision – the person did not have a lawyer at the time and did not submit much evidence about current country conditions, so that will be our goal in court. 2 – I have not seen it, but since they are being harsher towards immigrants now, they could try that. For this reason, I recommend that people get the green card as soon as they are eligible. 3 – As far as I understand, it cannot. Once you have a GC, country conditions back home are not relevant. The only issue related to asylum is if they discover a prior fraud. 4 – As far as I know, country conditions are irrelevant to derivatives. We have had derivatives who were citizens of safe countries – they would never qualify for asylum on their own, but they got asylum due to their relationship with the principal. Take care, Jason
Jason, thank you for your response. I really hope your client wins in court.The government doesn’t realize that improved country conditions doesn’t mean that you want to be sent back to relive the trauma by going back to where you were traumatized. I don’t know about anyone else, but, from a psychological standpoint, I certainly don’t want to be sent back to somewhere where I was persecuted, or came close to being persecuted, even if the persecutor is gone. I wish the government would take more seriously into consideration the psychological damage that can and have happened to asylum applicants. Theoretically they ostensibly understand but they seemingly don’t care much about the applicants’ psychological well-being in practice.
There is something called “humanitarian asylum” wherein the government does not return people to a country where they faced severe persecution. How severe is an open question, but if the person qualifies, he will not be returned to the country even if it is now safe. Take care, Jason
Dear Jason,
I am an asylee who plan to adjust to green card next year. Very thanks for your epic work here. I have two questions:
1, is the 10,000 cap for asylee adjusting to green card still effect? if yes, why no one talk about any backlog? I believe granted asylum cases are more than 10,000.
2, I read the instruction for green card application. And, I just realized too many documents needs to be prepared. Can you refer me some guide of green card application specifically for asylees?
Best Wishes,
Jeffrey
1 – It is not in effect any more. It was eliminated some years ago. 2 – I do not know of such a guide, but unless there are special circumstances (like criminal or immigration issues), we normally send the form, fee, proof of asylum, copy of passport and birth certificate, and two passport photos. The instructions should give you an idea if anything else is needed, but that is what we send for most asylee adjustment cases. Take care, Jason
Hello Jason,
I agreed with the attached document with Adjustment of Status through Asylum but my question is what about the one year proof that you are in US after been granted asylum that is been requested for in the instructions. What document can we use as proof of that one year.
Thanks
We typically do not submit anything in that regard. If you were here all the time, or only left for a few weeks, there should not be an issue. If you were away longer than a few weeks, you might want to wait until you have a total of one year of physical presence. You can submit your passport or travel document with entry and exit stamps as evidence of this. Take care, Jason
So it’s my time to share the timing.
December, 2015 – applied to the Arlington office
January, 2016 – moved to New Jersey, later to New York. Have always submitted address change forms
February, 2019 – an interview notice from the Arlington (!) office. I emailed the office the same day, attached a confirmation of the address change and explained that my case had to be in the New York office. The next day, before 8am, received an email that the interview is cancelled, and now case has indeed moved to the New York office
March, 2019 – another interview notice, this time from the NY office
14 days later – picked up an approval
Seems that my case has never left Arlington in the first place. Finally, the office got to my backlogged case and decided to interview me. Once it was transferred to NY, that office decided not to wait any longer and not to put me into their backlog.
Having a knowledgeable attorney is key. I had to switch to another one literally a day before my second interview notice arrived. But we were still able to trim down what I had and prepare a strong case.
Jason’s work here is really invaluable. I want to express my gratitude for tall the information that Jason has been posting for years.
Wow, I applied in Nov, 2015 in NJ Office. Moved to Arligton Office in 2016, then moved back to NJ. Always changed my address. One year later one day I realized that my case got stuck in Arlington AO. I call to AO and asked to change the address. They changed it, but I did not received the interview notice. Very sad. My question to Jason. Does case physically move to another AO if applicant changes the address?
This is yet another mystery. I think it does not, since cases are (supposedly) kept off-site until close to the interview date (though maybe different offices have different off-site storage). However, everything is such a mess, it is difficult to know what is actually going on. There do seem to be problems transferring cases. Maybe if the new InfoPass system works, that will help with this issue. We shall see. Take care, Jason
Your timeline is very interesting- I applied in July 2015, and got no interview notice. Jason, do you have any idea on how Arlington office handles backlog- seems like its a bit of a mess. I also filed change of address, and now I am concerned that they may not have changed my address in their system, even though I emailed them and filed AR 11 online.
I do not know why a December 2015 case would get an interview in VA, unless it was expedited. It might be that the case was following the NY schedule (based on the change of address) but was not moved to the correct office, but who knows? Arlington has told us that they do new cases first, per LIFO, and if they have extra time, they do the oldest cases. My understanding is that they do very few of the old cases, but if they do those, they are in the time frame of late 2014/early 2015. I think the online change of address should work, but if you are not sure about it, you can try InfoPass to double check or try emailing them directly. Our clients who have changed their address online have received the interview notices at their new addresses, but when we got to the interview, the officers did not know that the address had been updated. Take care, Jason
Thank you, Jason!
ALENA, first call them. They will say to do AR-11 online again and call them back do confirm that change of address is done. This is what I did.
Thank you ) This is what I did- I first filed AR11, and then emailed Arlington office completed form.
Congratulations, NN.
Congratulations and thank you for sharing this. There are constant issues with changing the office, and I have no idea why a December 2015 case would be interviewed in Arlington, as that has nothing to do with the order they have announced. In any event, it does not matter now. Congrats again, and best of luck in the USA! Take care, Jason
What does “Initial Review” mean?
Hi everyone,
Hope you all are doing great!
I filled my case in April 2016. Had finger print and bio-metric in May 2016. Case pending since then. Registered my case on USCIS website. Recently got an email saying: “There has been a recent processing action taken on your case. Your Case Status: Initial Review.”
Does anyone know what does “Initial Review” for a case pending since 2016 mean? Thanks.
How do you register your asylum case?
search USCIS case status
I doubt that it means anything significant. It may just be the last thing that happened after your case was received. Depending on your asylum office, you probably won’t have in interview anytime soon. In many cases, the only option is to try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hi, Jason
I appreciate your great work
My case status is Decision was mailed
But I received no mail yet
Can I call the AO to know the decision?
I called the immigration court automated system using A number and there is no information regarding my A number
Does that mean anything?
Thanks 🙏🏻
I think the call to the court has no meaning, as it takes some time to get a case into the system. You can call the AO to inquire, though usually it is easier to email them or go in person. You can find their contact info and office hours if you follow the link at right called Asylum Office Locator. Even if you do reach them, though, they are unlikely to tell you the result of your case, and so you probably just have to wait for the mail. Good luck, Jason
Hi Jason,
what will happen for asylum applicants with student status if their application get denied? is that possible ICE detain such applicants after their case were denied even if they do not have any criminal issue just for status violation?
There was a memo from September 2018 indicating that F-1 students who are denied asylum should be referred to court. The memo is not very clear, and I have not heard about students being referred to court under these circumstances, but certainly that is possible. In general, such a person would not be detained, and I have not heard of that happening. In theory, ICE can detain almost anyone who is out of status, but that is not how the system works, and it is normally not something to worry about, unless you have a criminal issue or they think you are a danger to the community. Take care, Jason
Hi Jason,
I read your post about checking case status online. Would you recommend your clients to register for the USCIS online account (username and password system) to check case status through it?
My concern is, will it be safe to keep logging in to view? Will there be any implications or is there anything we need to be caution of?
Thank you very much Jason.
I do not see any downside to this. I think it is safe and it is nice to get the automatic updates, in case an interview is scheduled. Take care, Jason
Hi jason.
U r doing life saving job for asylees. We people really greatfull to u. My question is i applied assylum in NY, Aug 2016. But i don’t know when interview will held.Thats why i requested for expedite for my health conditon and my family face life threaten problen in my home country.I have Dr. letter for my conditon and document of my familys problem.but unfortunately ASO reject my request. Day by day i will face lots of mental and physical problem.Now what can i do? Can i try again.Do u know the present condition of NY office intervew.?
I’ve thought of expediting for my own health reasons as well, but have not done it. I am sorry to hear. How did you request for it and how did they deny it, was it by mail?
I do not know how NY is proceeding through their cases, and so I really do not know when a 2016 case might get scheduled for an interview. You can try again to expedite, but you should have a new reason and some evidence. Some people go in person and have better luck submitting their expedite requests that way; others ask a Congress person to expedite and sometimes, that works too. The main point is to have some new evidence about why you need to expedite, such as a doctor’s letter or evidence that your family is having problems. Good luck, Jason
Thank u jason.
Ur comment is a bright light in a dip dark our life. Yea i will try again.because my health condition is very bad.!
Hi Jason,
Thank you always for direction and guidance you provide on this forum, much appreciated.
Is it possible for asylum applicant to apply for H1b visa, is there is a way around it? Especially if the fellow applied for asylum before he/she went out of status. Does it help if the fellow now hold a high profile job based on EAD.
Thank you.
Theoretically, you can get an H1b, as it sounds like you do not have unlawful presence (since you applied for asylum before you went out of status). However, it most likely requires you to leave the US to collect the H1b overseas, and if something goes wrong and the embassy does not issue it, you will not be able to return to the US. If you can also get Advance Parole (form I-131), you would have a way to return even if the H1b is denied. Also, it may be possible to change status in the US, based on an obscure exception to the normal rule, but I do not have a lot of confidence in that. I wrote about getting a green card while asylum is pending, and the same rules basically apply to H1b. That post was on August 28, 2018 – maybe that would help. Take care, Jason
Thank you Jason.
This is the most comprehensive feedback I’ve gotten from you. I will go through the article you suggested.
Wondering if you might discuss this ”obscure exception” or suggest materials/links that might help. Can you recommend an h1b lawyer?
I tried to research the exception recently and came up empty. I do not do business cases, and so I do not really know how/if this works in practice. I just know it exists. Frankly, I do not trust that it will work. As for an H1b lawyer, I don’t have anyone particular to recommend, but whoever you talk to, ask if they have done it before an how it works in practice, and if the person actually received the GC without leaving the US. I would also get the whole process in writing before you start, if possible, so you know what to expect. Take care, Jason
Thank you Jason, God bless.
Hi Jason;
Thanks for your precious blog. I am an F2 status holder, I have applied for asylum, I am wondering if I can go to school as I am on a f2 status and pending asylum ? I know people who are out of status that they study during their asylum pending but I am not sure if I can do it without changing my status to f1 which I believe I would not be granted. It seems odd to me that I can get my EAD and start working butI am not able to study without changing my status to F1 ?
Thanks;
Most schools will allow you to attend using the EAD, so check with the school. You also be able to switch to F-1, even with a pending asylum case, as long as you are still in valid F-2 status. Take care, Jason
Hi soma
First of all congratulations on your GC .seconde I have to ask you how you all get green card .is that by adjustment of status or true embassy consular. And how long your were on asylum seeker I mean did you were on status at time you win.
Thank you so much
Hello Mr Jason
Does time spent abroad with refugee travel document affect when I can apply for a green card? For example, if I was granted asylum on October 1, 2018, I’ll be able to apply for a green card on and after October 1st 2019. But if I spend like 30 days abroad, will I be able to fill it after October 1st 2019 or November 1st?
Thanks
November 1st you can apply for green card. Anytime you are out of the country they wont count on it.
I have a same issue. I just filled my i-485 in this month
I was granted last year in February but i went out of the country for a month.
We have had clients travel abroad for short periods, like a month, and still applied for the GC on time. However, these days, USCIS is looking for reasons to deny, and I think it might be wise to be more careful about this. Check the I-485 instructions; maybe there is some guidance in those. If you want to be extra careful, you can wait the extra month. Again, we have not seen any issues in this regard, but you can’t be too careful, and there is little harm in waiting an extra month. Take care, Jason
Hello Jason,
I’ve been a regular reader of your blog and I think I’d posted this question to you months ago or didn’t see the reply on your blog. My question concerns the average time it takes to get Scheduled an Asylum Interview as an applicant in the Pre Jan 2018 Law. My case is current pending 575 days and I don’t know how soon my interview will be scheduled. I have friend who moved recently and have already been granted Asylum. I’m currently based in SF, CA.
Thanks for your reply.
Cheers!
There is no way to know. With LIFO, they interview newest cases first, and if they have extra time, they interview older cases. Some offices are interviewing older cases starting with the oldest cases and working forward in time; other offices are doing the reverse. I do not remember what SF is doing, but that offices is generally pretty good and it is probably faster than average. If you want, you can try to expedite the case – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason and poster above me,
Thank you for always sharing and guiding.
I am also based at the same place and my case has been pending for over 800 days with no interview yet. I am looking at the humanitarian section of USCIS about U VISA.
My questions for Jason:
1. Please advise, while my case is pending, should I also apply for U VISA with my case remained open? The details of my case seem to match closely with U VISA although it is not human trafficking, it is nevertheless a crime as it is life-threatening in nature towards us. Has anyone done this and succeed in U VISA and get GC after 3 years? (In addition, my wife was also previously forced into a marriage when she was younger although the marriage did not happen, I now see there is a category about this under the humanitarian section as well. However we did not mention this incident in our case file.)
2. We both came in through travel visa, and both of us have individual cases with linked stories. When we marry, my wife is added as my dependent. I am concerned because unlike my wife, my visa was a visa waiver. I am hoping with all this wait, we are still able to be interviewed by the AO, and not her with the AO, me in the courts, or both at the courts.
Look forward to hear from you, with my deepest gratitude for your help and advice.
1 – If you qualify for a U visa, you can apply for that while asylum is pending. Requirements for a U visa and asylum are different, and most asylum cases would not qualify for a U visa, so I think you should talk to a lawyer about the specifics of the case to see whether you qualify. 2 – A person who enters on a visa waiver must file for asylum within 90 days (the period of valid stay based on the visa waiver). Otherwise, you get sent to court. If you did not do that, you will go to court, and if she is your dependent, she will go to court with you. If she is from a non-visa waiver country, maybe she can file her own asylum case, if she did not already do that. If so, maybe you can both avoid court that way. If she files, she has an exception to the one-year bar, in that she is a dependent on your case. Take care, Jason
1- Ok. Will probably go for this as a last resort. Will see.
2- Yes we both applied separately while we are in status. After we get married, I added her as my dependent and her case number can no longer be found in the system. Only mine can be checked. Thank you Jason for confirming that we can still be interviewed by the AO. My wife really wanted to hire you as our lawyer and hopefully one day we can afford the fees before the interview.
For # 2, if your visa is a visa waiver, and you filed after your period of stay expired (usually 90 days), I think you will not get an interview with the AO. Otherwise, you should get such an interview. Take care, Jason
I got green card from lottery 2018. My husband had asylum file but our attorney closed our asylum file, and we got letter from immigration that our file is closed. Last year I went to my country but my husband not because he didn’t want to be in trouble with immigration. Now his dad is sick and he wants to see him. Is ok if he will go to my country for 3 weeks or he will has problems with immigration?
Please let me know soon . Our situation is very sensitive.
Thank you so much
Many people who filed for asylum do return to their countries once they have a GC, but it is not 100% safe. It depends on the case, and on luck. If he fears the government of the home country, the US government might think it strange that he returned home and entered through a government-controlled airport, for example. If he fears terrorists in the country, it is easier to explain how he stayed safe for a few weeks. People do return and have no problem, but it is possible that he will have an issue. If so, he should be prepared to explain why he went back after having requested asylum. Take care, Jason
My husband got GC from lottery(after I won 2018 GC lottery) my husband closed his our asylum file after we received our GC.
This is clearification, I think you misunderstood my question.
Thank you so much
Basically the same advice applies – he takes a risk if he goes home. The risk is that USCIS might think his original asylum was fraudulent. He should be prepared to explain why he went home and how he stayed safe. Hopefully, he will re-enter without an issue, but he should be ready if questioned. He could also be questioned about this when he applies for citizenship. Take care, Jason
Hi soma
First of all congratulations on your GC .seconde I have to ask you how you all get green card .is that by adjustment of status or true embassy consular. And how long your were on asylum seeker I mean did you were on status at time you win.
Thank you so much
Can you contact me by email
himonyazen@hotmail.com
Hi Soma,
Could you please share with us, how your husband change his status to permanent resident after you won lottery? Was pending Asylum his only case on that time(was he out of status)?
Contact me please by email
himonyazen@hotmail.com