One of the most disheartening phrases to hear at an asylum interview is when the Officer says, “Government records indicate that…” This usually means the government has information contradicting the applicant’s testimony. Here are a few examples from a couple recent interviews I attended:
Government records indicate that you applied for a visa from a third country. Can you explain why you said you never applied for any other visas?
Government records indicate that you traveled outside the United States since your first arrival here. Can you explain why you said you had not left the U.S. since that time?
Government records indicate that your neighborhood in Syria was controlled by rebel forces at that time. Can you explain why you said the neighborhood was under government control?
The first two questions were for a Pakistani client. The third question was for an Iraqi. Both applicants were denied and referred to Immigration Court.
As I see it, there are a number of problems with these “gotcha!”-type questions. For one, they are vague, in that the Asylum Officer does not state exactly what information the government has, and it is difficult to adequately respond to a question that you really don’t understand. For another, some of these questions rely on information that is easy for the applicant to forget or overlook. Finally, the “gotcha!” information possessed by the government is not always accurate.
In the first example above, it seems unfair to impugn an applicant’s credibility based on his failure to remember applying for a visa years after the fact. It’s not really a major life event, and if the person did not actually get the visa and visit the country, it’s easy to see how he might forget about filing a visa application (especially since some applications are done online and the person may never even have visited the country’s embassy).
In the other examples above, the government’s information seems to be inaccurate. My Pakistani client swears he never left the U.S. since he first arrived here, and I believe him–he has no reason to lie and his I-94 record, available at the CBP website, does not indicate that he re-entered the country after his initial arrival. In the case of my Iraqi client, she was simply baffled to hear that her neighborhood was controlled by non-government forces. She says she lived in that neighborhood the entire time, and I trust her on-the-ground experience over the government’s “information.” Of course, it is possible that my clients are incorrect, or that–for some indiscernible reason–they are lying, but in these example, I have more confidence in them than I do in the government.
What’s important to understand here is that the United Sates government wants to test an asylum applicant’s credibility, but it has limited means to do so. Asylum Officers can question applicants extensively to try to ferret out lies, but a more effective approach is when the Officer can compare an applicant’s testimony with information the government knows to be true. And the government knows a lot. It knows about every U.S. visa you have ever applied for–and what you told the embassy during the visa application process. It knows about visa applications to other countries (which countries share such information with the U.S., I am not sure, but it is safest to assume that the government knows about any visa application to any country). It knows about applications made to the United Nations. It knows a lot about a person’s travel history. It also knows about your relatives’ travel and visa histories (including ex-spouses). The government knows about any arrests or contacts with U.S. (and perhaps some foreign) law enforcement. Of course, it knows about any other U.S. immigration application made by you or your family members, and it probably has copies of all such applications. The government may know about your employment and education histories, and whether you have used any other names. The government also knows about conditions in your home country, including information about political parties, rebel groups, and terrorist organizations.
In short, Asylum Officers can–and do–gather significant independent evidence about a person’s case. Even where this evidence does not bear a direct relationship to the asylum claim, they can compare that evidence to your testimony and use that to determine whether you are credible (and remember, for the Asylum Office, inconsistent = incredible). If the Asylum Officer determines that your testimony is incredible because, for example, you lied about how you obtained your visa, she could conclude that you are lying about other, more significant, aspects of your case. If that happens, your application for asylum is likely to be denied.
So what do you do? First, don’t lie. Even about small things that you think are insignificant. The Asylum Officer may ask you questions about aspects of your life that seem irrelevant or embarrassing. If that happens, think about why they might be questioning you on that topic. What might they know? Do your best to answer honestly. Don’t guess! If you guess wrong, the Asylum Officer might assume you are lying. If you don’t remember or do not know, tell the officer that you don’t remember or you don’t know.
Also, prior to the interview (ideally, when you prepare the affidavit), think about the times when you (or your family members) had contact with the U.S. government, the UN, or other foreign governments. What did you say on your applications and in your interviews? Did you lie? If so, the time to admit that is in your asylum affidavit and at the asylum interview. You are much better off affirmatively coming clean and explaining any old lies than hoping that the Asylum Officer won’t know about them. Correcting the record in this way does not guarantee that the old lie won’t be used against you, but in most cases, adjudicators appreciate the honesty and they are more likely to forgive a misrepresentation that you bring to their attention than one that they bring up in a “gotcha!” question. In addition, in many cases, the law forgives an asylum applicant for lying, if that lie was necessary for the person to get a visa and escape from her home country. Affirmatively coming clean is usually the safest approach for people who have something negative in their history.
Turning back to the above examples, maybe the best response to the first question would have been for the applicant to think about why the officer was asking him about other visa applications. If he was not sure about his answer, he might have replied, “I don’t remember applying for a visa to a third country, and so I am not sure whether I did or not.” This type of equivocal answer would at least have made it more difficult for the Asylum Officer to impugn the applicant’s credibility.
What about the second two examples, where the government’s information seems to be wrong? Here, I don’t know what the applicants could have done, other than to state that the Asylum Officer’s information is not correct. That is what my clients did, but obviously, it was not enough. The hope now is that, with the cases referred to court, the DHS attorney (the prosecutor) cannot rely on vague accusations–they will have to provide specific evidence of their claims (that client A traveled outside the U.S. or that client B’s neighborhood was controlled by a rebel group). If we are allowed to see the government’s evidence, we can (hopefully) refute it.
In an asylum interview, honest is the best policy. And if you don’t remember or don’t know, it is best to say that. Finally, if there are “issues” in your past, it is best to bring those up affirmatively and explain them in your asylum application. In these ways, you can improve your credibility and increase the likelihood of a favorable outcome in your case.
Hi Jason,
I am an asylee in the process of applying for permanent residence, while preparing my application I noted an erroneous entry on my online i-94 page stating that I have departed the United States through Houston on 08/15/2018. However, I have never set foot outside of the country since I came here through Seattle with a visitor’s visa on 07/15/2017. I wrote to CBP and they replied saying there are no provisions to modify the incorrect departure. Do you think this error will impact my application or is there something that I can submit with my GC application explaining my predicament ?
Thanks,
Gabe
It sounds like there is not much you can do about the error, but you can be prepared to respond to questions about that when you file the I-485. You might print the erroneous page and provide an explanation, including a copy of your complete passport (and any other travel document) to show that you did not travel. I doubt it will cause major problems, but addressing it in advance may help. Take care, Jason
If I Transfer to Virginia , will my case be interviewed under lifo in couple of weeks ?situation in LA office is a hot mess
You would still be in the backlog, as the only “priority” LIFO cases are ones that are less than a month or two old (I forget the exact number of days). You can try to expedite, and that sometimes works. I wrote about it on March 30, 2017. Take care, Jason
They don’t even accept expedite requests no more . basically even if applicant is dying , that’s all they come up with “deny for lack of resources “ . They’re useless
It may depend on the office. We have expedited cases recently in Virginia, so at least there, it sometimes works. Take care, Jason
Hi Jason
Thank you for your kind to give us all information we need .
I have a question about renew RTD ,I have RTD about more than 6 months and now I applied for green card I paid the fee ,can I send the form I-131 now for renew my RTD and submit the received letter that show the amount I paid for I-485 ,or I have to send the check for renewal again .and do I need another fingerprint.?
Thank you
I think you will not be fingerprinted again, but I am not sure – sometimes, they need it, and sometimes they don’t. Take care, Jason
Hi Jason
Thank you for your kind to give us all information we need .
I have a question about renew RTD ,I have RTD about more than 6 months and now I applied for green card I paid the fee ,can I send the form I-131 now for renew my RTD and submit the received letter that show the amount I paid for I-485 ,or I have to send the check for renewal again .?
Thank you
Hi Jason
Thank you for your kind to give us all information we need .
I have a question about renew RTD ,I have RTD about more than 6 months and now I applied for green card I paid the fee ,can I send the form I-131 now for renew my RTD and submit the received letter that show the amount I paid for I-485 ,or I have to send the check for renewal again .?
Thank you
If you check the I-131 instructions, I believe it says you can use a copy of the fee receipt from the I-485, and that should work. Unfortunately, it does not always work, as they sometimes make mistakes. You may want to send a copy of the instructions along with your I-131 packet, and highlight the part that says you can use the I-485 fee receipt – maybe that will help avoid a USCIS error. Take care, Jason
Mr Jason , I have a question , how long do asylum offices usually take to respond to an expedite request? or what you’ve seen from experience. Thank you
If they respond, it is usually between a day and two months. Sometimes, they do not respond, and you have to contact them again. Take care, Jason
Hi Jason,
My second master hearing was scheduled for November 27, 2020 with Judge Burman. But I suddenly realize that day is black Friday holiday. I wonder if the court still work on that day?
Thanks
I don’t know. If so, it will be rescheduled. If you want to try to move the case along, you can file a motion to do that – I wrote about this on April 20, 2017. Take care, Jason
Hi Jason,
As you suggested, I called the immigration court hotline number and my asylum case is still pending at Chicago Office.
I had my AOS interview back in Feb of 2019 marriage based. Do you think I should let the Chicago Asylum office know about my AOS application? What should I say?
FYI, my asylum case has been pending since 2014 and I got married to a USC back in August of 2018.
Thanks so much,
You can scan and email them copies of your I-130 approval (or the receipt, if it is not yet approved) and the I-485 receipt and ask them if you need to take any action with their office in order for the GC application to be completed. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
As you suggested I contacted the Chicago Asylum office, and sent them the I-485 interview notice and other receipts. I told them about my pending I-485 and asked if I need to take any actions at their office. They replied today by mail, saying that; ( No interview has been scheduled for you as the date of this review. You will be notified by mail two weeks prior to your scheduled interview date). They also sent a Declaration of Intent to Withdraw Asylum Application in the same mail.
My question is: What does that all could mean? Do they want me to withdraw the asylum application even without having a GC in hand? Could you let me know what you thinking?
Thanks so much Jason for all of the help!
It may just be a standard response. I would not withdraw the asylum until you have the GC. Certainly, if you can talk to someone there, you can try to ask whether the asylum case is holding up the GC (whether they need to send over your file to USCIS or take other action). Maybe that would help clarify, but the answer you received sounds pretty generic. Take care, Jason
Hi Jason,
Based on your experience, how long does it take to hear back from USCIS after submitting RFE for an asylum-based green card application? They requested medical exam and I submitted. When I will be informed about the outcome?
Time frames are very unpredictable these days. Overall, such GC application that I have seen are taking maybe 14 months (though the processing time shown at http://www.uscis.gov can be a lot longer). In many cases, once we respond to an RFE, we get a final answer (or, in some cases, an interview) within a few months. Take care, Jason
Hello Jason, thanks for your help. Your blogs are always very informative and supportive. Just a quick question which is not related to this topic. In 2014 and 2013 you wrote about the problems faced by the family members and siblings of the Asylum seekers when they went for the visit visa interview, is it happening recently?
I think you are referring to a post from April 18, 2014. I have not heard a story about this lately, but I think it is still happening. The problem is worse for spouses and children of asylum seekers, and less of a problem for parents and siblings, but as far as I know, this is still an issue. Take care, Jason
Dear,
Thank you in advance for all time your valuable advice
My Question I’m asylee i have filled i-730 have given case number from NVC, it took more than a year to facilitate interview for my spouse and child at home country, when i emailing them they respond me as if USCIS close all of its overseas offices and they’re waiting a procedure at Washington DC respectively.
1.If the government changed at homeland can affect/cancel my case to be reunite with my family?
2.What is the reason for stooped interview at embassy?
Please would you forward me you’re usual advice related to my problem.
1 – I doubt this, but if the change cause you to lose asylum status, then you could not do the I-730. 2 – I do not know. You can contact the embassy directly to ask. If you Google their webpage, you should find an email (maybe under the consular section or the US visa section). When I email embassies, they usually respond, so maybe this is a good place to start. Good luck, Jason
Hi Hann
This is kind of scary, hopefully they get interview soon.
Can you please share what country is that. I also have a pending i730 it just arrived Nvc.
Thanks
Jason, if 485 was denied, is that mean you will lose your asylee status?
It does not mean that. Sometimes, the reason for the I-485 denial may be enough to deny the GC, but not enough to terminate asylum status. I know of one such case, though that person is fighting very hard to get the GC, and hopefully, he will. Take care, Jason
Hi Jason,
can asylum applicant pay money to kidnappers To release him?
If you did that, it is likely to cause significant delay, as it may be considered material support of terrorism. Take care, Jason
I would like to thank you dear Jason for your extremely supportive work for those who seek help in these times of desperation. I have a question. I have my asylum case pending since December 2018 and no interview call yet. I want to get married to a girl who is a student from another country. She doesn’t have any issues with her in her country. Will this effect my asylum case? Shall be thankful to you for your advice.
That should not affect the case. She can be added to the case if you want, and she will get a work permit on the same schedule as you. I did a case once where my client won asylum from a dangerous country, but her husband was a citizen of Canada. So he got asylum too (as her dependent). That said, I would be prepared to explain at the interview (and maybe with evidence) why you did not simply go to her country – maybe her country’s law does not allow it, or you don’t speak the language of that country, or you don’t fee safe there. If you are asked, you should be ready to explain, but it should be fine. Take care, Jason
Thank you Jason, appreciated.
I will share my experience with the “Government records indicate that…”
AO: “Government records indicate that starting of August 2011 the Syrian government started taking young men to the “reserve” military service. How can you explain that you were able to travel back and forth to Lebanon several times without being taken?”
To me, I doubt that this information is accurate. I don’t know what is the source of information that the US government use, but I know a lot of people who were not taken to the army at that period of time. There used to be rumors about taking people, but in reality, I have never seen any single similar incident. I don’t believe the US government pay attention to rumors! I am not sure about the exact timing that was asked about. It might be Jul, August, Sept… of 2011. I cannot remember exactly. But I am sure that their source of information was incorrect.
I didn’t argue during the interview whether the US government records correct or incorrect because I am not there to correct anybody but to answer for myself. So I answered that I don’t know why they didn’t take me!
It is a strange thing to tell you. I am not Syrian (though I was there like 29 years ago), but I also doubt there info in this case is correct. Anyway, probably best not to contradict them and answer as you did. Take care, Jason
Hello Jason
I really appreciate your help to the the asylee
My question is; I currently have a form i730 pending for my husband. Before we got married, my husband had a child who is 14years old now. If my husband happens to arrive and we want to bring the child, do I have to file The Affidavit of relationship (AOR) or the i730. She is my step daughter though.
Thanks
If she is your step child and the relationship (with her father) was formed before you received asylum, and you won asylum less than 2 years ago, I think the proper approach is the I-730 for the step child. I am not 100% sure, though, and maybe you want to check with a lawyer to research the question, or maybe the I-730 form talks about step children in the instructions. Take care, Jason
Thank you Jason!
I will verify.
Hello Jason,
we have had our pending asylum case since Sep2017 LA office. We got married here and both from ban countries. We are planning if it is possible to have our wedding ceremony in a third country to be able to celebrate it with our parents (as you know, they can not come here because of Travel Ban). We are not sure if it is a good/enough reason to apply for AP?
You have to give a “humanitarian reason”, and I am not sure this will qualify. I wrote about this stop on September 11, 2017, so maybe that would help. A better approach may be to find a sick relative and visit that person in a third country, as that is a more standard reason for “humanitarian” travel. Take care, Jason
Hello Mr. Jason
I got my Green Card approximately three and half years ago through asylum. When I did apply for my green card many years ago my application was put on hold for few years because of TRIG before it was approved.
I would like to know if I may face problems when I apply for my citizenship because previous TRIG hold of my green card application…
KB
Unfortunately, that is possible. But I do not think you can know unless you apply. Many cases are being held up for various checks and for additional evidence, and USCIS is generally acting tougher (and sometimes, irrationally). Anyway, you can try, and hopefully, all issues were previously resolved and you can naturalize. If you are worried, maybe talk to a lawyer in advance and get a copy of your file (using form G-639, available at http://www.uscis.gov, it is free). Take care, Jason
Thanks for your prompt reply . As a matter of fact I did get a copy of my case a couple of years ago and I was sent a disk almost 600 pages when I printed it. I was told why my case was on hold because I did provide certain information during my interview for asylum that prompted the service to hold my case. Later when I requested a review of my application I was sent a letter asking me to clarify certain points related to the same issue. After I submitted my reply within a couple of weeks my application was removed from hold and subsequently my application was approved. So I don’t know if the same issue may create again a problem when I apply to naturalize…
It might, but as I am understanding the situation, I would guess that it will not affect your naturalization. Anyway, the only way to know is to apply. Take care, Jason
Hi Jason,
I have a pending I-730 and I am currently in the US. My husband is the principal applicant. It seems that my husband will get his asylum based green card soon.
Can he apply for me through his green card while my I-730 is pending?
If accepted through his green card, should I leave the country in this circumstance to receive my Husband sponsored green card?
The I-730 will probably be faster. There is about a 2 year wait for the GC (you can see that if you Google “DOS visa bulletin”), and you might have to leave the US to get it. Take care, Jason
HI Jason,
I sent my initial work authorization with G-1145 and it’s delivered on monday. However, it’s been more than 5 working days and I didn’t receive any email or text about the acceptance of my application. Do you think this is normal? thank you
Best
I do not know how long it takes to get the email notification, but it usually takes maybe 4 weeks to get the paper receipt, so I would give them more time to get the case into the system. Take care, Jason
Hi Jason,
I received the notification today. I am wondering whether senators or representative may have an impact on the duration of the decision. I have case with decision pending for more than 3 months. I am planning to reach out to a senator. Hopefully, at least his office can learn more about my case where it is been stuck.
I think it will do no harm, and maybe it will help, so why not try? Good luck, Jason
Hi Jason,
Very good article. You said: “This type of equivocal answer would at least have made it more difficult for the Asylum Officer to impugn the applicant’s credibility“. I want to add, during my third interview, the officer brought one specific topic to be questioned that is “where was exactly the rebel check point that you passed”. I answered “I don’t remember” because I really don’t remember. Maybe that made it difficult to the officer to test my credibility, but they punished me with the indefinite waiting. To me, waiting is killing more than denial. I want to warn asylees, be careful, if you exaggerated utilizing the “I don’t remember” could result in more & more waiting. However, I totally agree in your “don’t guess” advice. I guessed things in my first interview that lead to a lot of complications. I was not prepared to the interview. One of my lawyer’s fatal downsides. He literally injured me. Jason, do you know why they make me waiting? If they have a contradict info, why they don’t just refer me to the court?
Unfortunately, a lot of people seem to be waiting forever, and I have not heard any adequate explanation for why this should be. I agree with you that if they cannot approve the case, they should just send it to court. The eternal waiting is terrible. One solution is to file a mandamus lawsuit. We wrote about that on October 2, 2018. This could very well result in a referral to court, but that may be preferable to being stuck in limbo. Good luck, Jason
Hi Jason
One of my friends did not disclose that she had a son on her asylum and green card application because her husband is not his biological father and she wanted to keep that a secret. They never found out and her applications were granted. She is divorced now. It’s been over 6 years and now she wants to apply for naturalization. Would it be wise? I was thinking of asking her to move to NJ since I have read that 3rd circuit has a 5 year Garcia rule (statute of limitations) that applies to both recission and removal proceedings. The court has ruled that government can’t start removal for cases granted more than 5 years ago if they later discovered fraud or misrepresentation. Is that correct?
I think she faces a problem if she reveals the child, and I do not think that being in the 3rd circuit will help much (though I have not read the case law and so I am not sure). She may be able to clean up the situation, but it would involve some risk, and probably a waiver of some kind (maybe 237(a)(1)(H) or 212(i)). In any event, before she takes action, she should talk to a lawyer to see how to best approach the situation. Take care, Jason
Thanks Jason.
237(a)(1)(H) sounds very possible in her case. Thanks for pointing it out. From what I read, 3rd circuit is the only region where the agency can’t start removal against you after 5 years for misrepresentation. I also read the whole case Garcia vs AG. However this rule is only applicable if the person adjusted status in US and not if they got a immigrant visa and entered. My friend got asylum and adjusted status.
I don’t know for sure, but I highly doubt people who make a misrepresentation are safe after 5 years in the Third Circuit. Just be careful about that. Take care, Jason
Wow!
Hi Jason, based on your experience how long does it take from receiving a letter from USCIS about scheduling an asylum interview to the exact day of the interview? The other words, what is the time frame between a letter and an interview. Thank you very much.
I am not sure what letter you mean. If it is the initial receipt, the wait time is very unpredictable, and it varies by office. It could be a month or two, or it could be years. Maybe with more info, I could give you a better answer. Take care, Jason
Jason, thank you for the reply. Your website is very very helpful. I meant the interview notice letter, like letter “We scheduled your interview on date _____” So how long time usually it takes between scheduling an interview and interview itself.
A couple of weeks, it seems, on average
It varies by office, usually it is 2 or 3 weeks; sometimes, it can be longer and – maybe in rare cases – it can be shorter. Take care, Jason
Hey Jason, thank you for everything you do for the asylum seekers. I have a question: I had an asylum interview more than a year ago I’m still waiting for a decision to be made on my case. I’m engaged right now to my fiancée. Would it be a problem in the event my asylum petition is rejected and I married my fiancée? Will the asylum denial decision gonna affect my I-130 petition? Thank you in advance for your time and consideration.
Thank you, Jason, for the great article!
My asylum case was approved in December, I have a RTD and I am about to travel to Europe to see my family. I haven’t been out of the USA for so long, so i am wondering is there anybody you know who was denied the reentry when they came back using RTD?
Thank you
I have not heard of any case where a person with a valid RTD was denied re-entry into the US, so I think you are safe to travel. Bon voyage, Jason
Generally, an asylum denial will not affect an I-130 (unless maybe they think you committed fraud in the asylum case). However, if asylum is denied and you are sent to court, there is a different procedure to get the GC. If you are getting married, and you are eligible (I wrote about this on August 8, 2018), you may just want to have your wife file for you and get the GC that way. Once you have the GC, you can withdraw the asylum case. Take care, Jason
Hi. i granted Asylum 1 year ago and now i want to Apply for my Green Card. i am now jobless and can not afford uscis fees. plz guide: 1. Can i request for free fee? 2. what is maximum yearly income for free fee qualify?
Hello Jason Sir,
I am applying for I-485 asylum based Green Card this month along with fee waiver I-912 and for RTD I-131, my questions is, the fees for both I-485 and I-131 can be waived?
Another query about RTD, it doesn’t accept in many countries especially in Gulf Countries where I am intending to see my parents after getting green card. They cannot come to EU area due to affordability and low probability of getting visa from Pakistan. So, I will have to renew my passport since I do not have fear with my government. What do you think is it worth applying for RTD, or I should be travelling with Green Card+Passport?
Thank you so much Sir.
The fee waiver form is the I-912, available at http://www.uscis.gov. The fee can be waived for the I-485, but I am not sure about whether it can be waived for the I-131. Check the instructions for the I-912 – it should tell you. I would recommend you get the RTD, as it makes it safer for you to return to the US, and allows you to minimize your use of the Pakistani passport, which could raise suspicions with the US government, even though your fear is not of the Pakistani government. I think you will probably be fine with just the GC and the passport, but you reduce the risk even further if you have the RTD, so I do recommend you get that – these days, you cannot be too careful. Take care, Jason
You can request a fee waiver using form I-912, available at http://www.uscis.gov. The instructions to the form explain about the fee income requirements and how to qualify for a waiver. Take care, Jason
Hi Jason,
Thank you for all you do in this community. I received my asylum approval a few months ago. I already have a driver’s license, but it’s about to expire. Before being granted asylum, I usually just used my EAD for the license application, but now that I was granted it, as far as you’re aware, is there a way to use my asylum approval letter and/or my I-94A Departure Record to get my license instead of the EAD? (one advantage being of course the far longer validity period as opposed as the two years that is typical of EAD’s).
Thank you very much again for all your help and insights over the years that partly helped me get to where I am today.
Hi,
I can share my experience. Along with asylum approval you must have received new EAD with category A05. valid for two years from date of asylum granted. You can also apply for unrestricted social security. CA-DMV require your EAD, SSN card, any proof of residence, your previous licence, and the license validity will be as per new EAD. I hope it will help, and Welcome to United State of A 🙂
I don’t know, and it may vary by state – different DMVs have different policies. Even in the worst case, meaning the DL is still tied to the EAD, you can apply for a GC after one year with asylum, and once you have that, you should not have to deal with this issue nearly as often. Take care, Jason
Hi Jason,
if my first asylum application that is pending for 4 years is denied and I got final denial and after that for any reason they send me to court, should I overcome one year bar in court or the first application is sufficient to deal with one year bar?
thanks
If you are out of status (aside from the asylum case), they should send you directly to court, and you would not have an issue with the one-year bar. However, if you are in-status and the case is finally denied, and then you go out of status, you should file for asylum as soon as possible, as you could potentially have trouble with the one-year bar. Supposedly, they are working on some rule where if a person receives a final denial, and then later goes out of status, she can get the case sent to court, rather than go through the process of re-filing at the Asylum Office. If I hear something about that, I will try to mention it here. Take care, Jason
Dear Jason,
I want to apply for asylum in the US.Please find below my situation.
*I am from Africa and there is an ongoing war in my country.2000 people have been killed and over a million displaced.
*The US under Secretary of State for African affairs recently visited my country to talk the President and other stakeholders about the war .
*We several US Senators have written condemning the Non respect of Human Rights in my country.There was a resolution from the US Congress last week calling for a cease fire.
*I was arrested,tortured and detained.Police officers assaulted me sexually and I am not gay.
*I have visited the US 4 times and always left on time.
*My wife had my baby here though my name does not appear on his birth certificate.
*My wife and I were once questioned at a US PORT OF ENTRY because she was pregnant though we were finally allowed in.
*I had once written to the International Criminal Court requesting that that they should try and punish our dictator President for war crimes.I am sure they leaked the letter to him.
Please do you think I have a case?
Thanks
You have a case, but it is difficult to say how strong it is. The fact that your home country is at war is, by itself, not enough, as you need to show a threat specific to you. Also, the fact that you were harmed is not necessarily enough, though if the harm was on account of your political opinion (or for some other “protected” reason, such as religion, ethnic group, sexual orientation), it should be enough to win, assuming the US government believes you are telling the truth. The letter you wrote to the ICC is also important evidence, and any evidence you have that the government knows about the letter is also important. In short, it seems to be a good case, but if you talk to a lawyer about the specifics, you can get a better sense of the strengths and weaknesses of the case. Take care, Jason
My friend applied for asylum almost two month ago. He didn’t get any recipt for his case how long it will take to get recipt
He should have the receipt by now. It usually takes less than one month. He should make sure he sent it to the correct address. He can also try contacting the local asylum office to see if they have any news of the application. He can find their contact info if you follow the link at right called Asylum Office Locator. Also, he should be mindful of the one-year bar, and he may need to re-file. When filing, keep a copy of the whole packet, and send it by certified mail. Finally, if he cannot get the receipt any other way, he can try form I-693 (available at http://www.uscis.gov), which should get him a copy of the file if USCIS has it, but it may take 5+ months, which is a problem if there is a one-year bar issue. Take care, Jason
Hi Jason,
Thank you for your help over the years!
I and my family are in the process of filing our GC (I-485) based on granted asylum. To do so, we need to pay filing and bio-metric fees. Do we use ONE check for the whole family (to pay for both filing and bio-metric fees) or do we need to write a separate check for each applicant?
Thank you,
Mek
You need to pay separate . I paid for work authorization for three member one check then they rejected my application then i paid separate.
Hi Pal and Jason! Did they charge you for denied application? Or they didn’t use the check? I’d like to file for EAD renewal without my lawyer’s help and wondering if uscis will use the check if my I-765 form is filled unproperly? Thanks!
Sometimes, USCIS will reject an improperly filed application and return everything to you, including the check. Other times, if the case is accepted, but there is some reason to deny, they can deny the case and keep the money. However, usually before that, they would send a request for evidence and give you a chance to remedy the problem, so I think the danger of a denial in an I-765 based on a mistake on the form or with evidence is very low (assuming that you are qualified for the EAD based on asylum pending or some other grounds). Take care, Jason
You should us a separate check for each person, and you should have a complete package for each person’s I-485 case. You can mail them all together. Also, I think when applying for a family, there is a lower price for children – you can check that on the Filing Fee section of the I-485 page (at http://www.uscis.gov). If you need a fee waiver, that is form I-912. Take care, Jason
Hi Jason,
Thank you for your response. Do I need to file a complete I-485 package for EACH member of the family? I am the main applicant and the rest are DERIVATIVES.
Thank you again,
Mek
Whoever wants to apply for a GC should complete a form I-485 and include all supporting documents. Each person needs his/her own complete application, though I do think children pay a bit less for the GC when applying with a parent. Take care, Jason
I want to Volunteer for Joe Biden Campaign . Will that have any effect on my case as long as I don’t donate ?
If you are not a US citizen, you can still volunteer for the campaign. I think you can donate too, though I am not sure about any restrictions on donations for non-citizens. The main thing you cannot do is vote – that is only allowed if you are a US citizen. Take care, Jason
Hi. i granted Asylum and applied i730 form for my family in my home country in july last year.10 months are passing but until no approval.every week i check online status but nothing new.Can you guess that how much time it will take? i belong to Pakistan.
You can check the processing time for an I-730 at http://www.uscis.gov. I think it is between 9 and 12 months, but you should check the website, as I may not be remembering correctly. Once the I-730 is approved, the case will go to the US consulate in Pakistan. Usually the wait time for such cases is between 3 and 6 months. I do not remember our clients having any particular problems or delays in Pakistan, so hopefully, that part will go smoothly. Good luck, Jason
Mr Jason , I have a particular question that I have not found an answer for . I have an asylum case pending for interview . I have my EAD and SSN . My question to you is , will my social security number change or will I have to change it , if let’s say in the future finally my case is heard and approved and I become lawful resident? Because on the SSN card it says valid only with EAD or something similar. Thank you for answering
The number will not change, but if you win asylum, you can get an unrestricted SS card with the same SS number. You will have to go to the SS office to do that. Take care, Jason
Hi Mr Jason,
I applied for asylum 10 days ago and already got a letter acknowledging receipt.When I checked on the website of the USCIS,my status says my next stage is an interview.My worry is that I have not received any letter inviting me for biometrics.Please what do you advice I do Please?
You should do a biometric appointment, but if for some reason, you skip directly to an interview, you can just tell them at the interview that you were not scheduled for biomteric appointment and they can take care of it. Or, you can email them prior to the interview and ask about that. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi jason
After being rejected for the second time i mean my expedition request- and having been waiting here almost four year and applied in Virginia-
USCIS cant hear us despite provided them enough reason.
Please answer my below question-
Do u think i will ever receiving interview?
Im admitted for MBA program here in Virginia which will be going for another two years- do you know I will be receiving interviews by the time i will be finishing my MBA by end 2021.
And incase i didn’t receive any interview notice after completing my MBA will i be able to find an employer who can apply for green card.
WHAT IF i wanna move to canada now despite i have waited here for almost four year. N i dont want to lie to government of canada i will be telling them the truth that i applied for asylum and will be providing all my tax return alll driving driving licena sn work permit- and other documents i obtained from US. Will this affecting my asylum over there??
What is your suggestion- should i pursue my education ? if in two year still my interview will be coming im willing to stay if not i dont wanna waste my time-
No one knows when you will receive an interview – not the government, and not me. Unfortunately, the system is a real mess, and cases in the backlog have no time schedule. If a new reasons comes to expedite, you can try that again, or maybe something will change with the system and cases will move faster. As for sponsorship by an employer, it may be possible, but it would likely require you to leave the US – you would have to talk to a lawyer about that (and I did a post about it on August 28, 2018). As for Canada, talk to a lawyer there before you go, but it may be possible. You cannot hide the fact of your asylum case from them, as I suspect such info is shared between the two countries. I think pursuing your education is a good idea – even if you lost your case and went to court, it would probably take well over two years before you had to leave, so you should have time to finish school regardless of what happens with your case. Take care, Jason
Hello Jason,
I wanted to provide an update, I got the news this week my case has received ‘Recommended Approval’. I am filled with mixed emotions; its a bitter sweet feeling. But, I feel like a tremendous weight has been lifted from my shoulders. Now, I can move forward with a life that is truly free; free to be me.
For years I procrastinated with where my life was heading, not seeing any safe space to self actualize my sexual identity. I kept denying that running a way would be the solution, but each time I asked myself the question, where do you see yourself in the future at age 40, 50, 60 in a country that remains gruesomely homophobic and hypocritical? All I envisioned was existing and not living.
My circumstances were unique and I’m lucky to have come thus far, with my visits to the US and back to my country over the past 20 years. But each time, it was back into a closet of emptiness, thoughts of death, depression, fear and loneliness.
To anyone out there reading this who feels like they are in an unsafe place and seeking refuge, don’t give up. To those who might just have started this journey, I send thoughts of strength, hope, perseverance and love that you will overcome the obstacles that may be ahead of you. I thought my situation was certain for failure, but I am relieved to say, I finally found, hope, refuge and a new life in this amazing country I can now call my home.
Jason, thank you for this amazing resource. I remember being at a very low point in my life and searching for help back in 2015 and your’s was one of the sites I found. One of the key things I learned through this journey is you should always seek professional legal help. Even if its just for consultation – don’t depend only on hear say and opinions from individuals. I can’t thank my lawyer enough, even at times when I doubted his decisions and best interests, he really knew what he was doing.
I also want to say thanks to AsylumConnect, that was one of the first organizations I reached out to back in 2015 when I was looking for help. The folks behind AsylumConnect are awesome!
Congratulations, and I hope you get the final approval soon. By the way, Asylum Connect did a blog post here a few weeks ago. Take care, Jason
Thank you Jason.
Another great piece you have there, we can’t thank you enough the good work you do for this community.
My question, is it safe/ok not to enquire about asylum decision a year after the interview out the fear of uncertainty? Is it possible the Officer and /or the office may have dumped the file or forget about case entirely? Just curious.
I think there is no harm in inquiring. You can do that by email or go in person, and you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
1-As a pending I-730 with valid US visa living in the US, Can I apply for travel document to travel to a third country? 2- If My passport is expired, should I apply for passport renewal?
1 – I have not done that for anyone, and so I am not sure. Maybe check the instructions for the I-131 (Advance Parole) at http://www.uscis.gov. Also, if you have a visa that is not affected by an immigration application, such as an H1b visa, travel and return should not be a problem. However, to be safe, you should talk to a lawyer before you travel, even if you have such a visa, since you do not want to get stuck outside the US. 2 – That should be fine, as the asylee dependent does not need to show a fear of harm in the home country (one caveat: If the principal’s asylum case said that the whole family faces persecution from the government, it might seem contradictory that same government is issuing a passport to a family member). Take care, Jason
Hi, it has been more than a month now since I apply for my case to be expedited. I recieved mail that my case has been recieve and waiting resources to be available to schedule an interview date. What does this mean? Do U think it is possible that it will be schedule in days months or years? I had been in the US and waiting for an interview almost 3yrs. What else can be done? It is resources from me or the USCIS office? In your experience dealing with cases like this, what kind of resources is that or will that be?
Normally, if they agree to expedite, they either send you a letter stating that your expedite request was approved, or they just schedule an interview, so I am not sure about the letter you received. Aside from requesting to expedite, there is not a lot you can do. You can try a mandamus lawsuit – we wrote about that on October 2, 2018 – but that is normally for people who have been interviewed and have a delayed decision. But you could talk to a lawyer about that and see if the lawyer thinks it might help. I am not sure. Good luck, Jason
Thanks Jason, your information is very important for me and my family. God bless you
Hi Jason,
My lawyer applied fraud Asylum without my confirmation. I know signing the papers without even looking at those is totally my mistake. But we reached out to him to apply U visa as we were robbed by someone with weapon and we had a police reports too. But Lawyer ruined my career here in US. I am not able to do anything now. I am on h1b working here. My life is absolutely fine but the attorney ruined my career. I can’t stay here without going to my home country. Please advice if I can take action on the attorney? And Also I am planning to go to Canada if nobody can help me to get out of Asylum here. If I apply for Canada. Will they know that i applied Asylum here? Will there be any problem for me in the future? Please advice. I have no hopes now.
Thank you,
Sneha
I did a blog post on April 10, 2019 that might help in terms of a bar complaint. As for the asylum, you can contact your local asylum office, explain the problem, and ask them to withdraw the case. It should be possible given that you are in valid H1b status. You can find their contact info if you follow the link at right called Asylum Office Locator. If the case is withdrawn, you should be able to remain here on the H1b, which should not be affected by the asylum case, and you should be able to travel and return. If you want to change to certain types of visas – F or B, for example – the old asylum case might be an issue, but it should not be a problem for an H1b. As for Canada, if you go there, I suspect they will know that you applied for asylum in the US, but I am not sure. Talk to a lawyer in Canada about that. Take care, Jason
Thank you for Your quick response Jason. It’s been almost 2 years since I got Asylum work permit. But I didn’t use it any where. I called my attorney several times and he never responds to my call. He said he will cancel it and took my money and then he did not do anything. Again he told me that he is going to transfer Asylum to U visa and asked me to pay again. I trusted him and later he never responded to my calls. If I directly call you asylum office and tell all the things that happened to me. Will that effect my current H1B status? Or will there be a chance that they deport me? I am 100% sure there is no mistake from my side other than trusting Attorney and signing Asylum papers. Please help me. Thank you
If the asylum case is a fraud, it could affect you, but unless you continue that fraud at an interview, it is not likely to have any effect. If you think there is a fraud, you might want to talk to a different lawyer. Other than that, withdrawing the asylum case should not be an issue since you have a valid H1b (which is a “dual intent” visa, meaning that the government does not care that you expressed an “immigration intent” by filing for asylum). Take care, Jason
Following up