The Republican Party “Platform” on Asylum

As you’ve probably heard, the Republican Party has not adopted a new platform for 2020. Instead, they resolved that the “Republican Party has and will continue to enthusiastically support the President’s America-first agenda.” I find this frightening.

The whole point of a platform is to get together (perhaps virtually) to discuss/debate the party’s priorities and then reach some consensus about how to proceed during the next four years. But now–in spite of significant new problems facing our country–the Republican Party has decided to simply defer to President Trump and stick with their 2016 platform. If you’re interested, I already wrote about the 2016 platform. In 2016. That an entire party, diverse in its opinions (if not its ethnic make-up), would take a pass on setting its goals, and instead agree simply to follow the leader, is deeply undemocratic.

That said, at least in terms of asylum seekers and refugees, we have a pretty good idea about what a second Trump Administration would do: Close the doors to America by every means at its disposal, including trampling due process of law (which endangers us all) and lying about the reasons why asylum seekers and refugees come here, who they are, and what they do once they get here (and of course, this never-ending mendacity also endangers us all).

Republican proposals include using a heat weapon to deter migrants.

So we have a general idea about what the Republicans would do with a second term, but what about specifics? Since the Republican Party itself won’t tell us its proposals related to asylum seekers and refugees, the intrepid reporters here at the Asylumist have scoured the internet to find out exactly what Mr. Trump has in mind if he is re-elected. Here is what we found–

  • The border patrol will deploy a heat ray weapon, which produces “agonizing pain” to those caught in its line of fire. The idea is that migrants caught in the device’s ray will turn back to Mexico before they become burnt toast.
  • ICE will continue to arrest thousands of non-citizen, thus demonstrating that it is more important to detain “illegals” in overcrowded, coronavirus-infected prisons, than to worry about public health. This also has the benefit of enriching the private-prison companies that hold immigrant detainees. In turn, those companies use their money to help bankroll President Trump’s re-election campaign. So it’s a win-win-win!
  • Since Mexico hasn’t paid for a wall (yet), Trump supporters have raised private funds through a group called “We Build the Wall,” which raked in $25 million from private donors who wanted to put their money where their hate is. How much wall they’ve actually built is anyone’s guess, but a number of the organization’s leaders–including ex-Trump aid Stephen Bannon–did manage to get themselves indicted for fraud. Despite this small hiccup, perhaps we can expect private funding of the border wall to continue under another Trump term.
  • During his first campaign, Mr. Trump famously opined that asylum seekers are bringing crime and drugs, and that they are rapists. “Some, I assume, are good people,” he said. But since most migrants are not good people, we have to continually treat them with suspicion. In that spirit, the Trump Administration wants to collect much more biometric evidence from non-citizens, including DNA samples. So essentially, immigrants will be forced to live in a surveillance state until they become citizens.
  • President Trump has gone back and forth about what to do for/to DACA recipients (people who came to the U.S. as children but who do not have status here). Recently, he proposed “taking care of people from DACA in a very Republican way.” Given how the Trump Administration has treated migrant children, asylum seekers fleeing gangs and domestic violence, and Muslims, the idea of being treated in a “very Republican way” does not seem all that appealing.

It’s unfortunate that we don’t have specifics from the Republicans about their immigration goals for the next four years. When a political party puts their proposals in writing, at least it requires members of the party to think through their plans, and it gives the public a clearer idea about what they hope to accomplish.

In the absence of a platform, we are left to speculate. And given the Trump Administration’s track record on asylum, refugees, and immigration, it seems unlikely that we can expect anything positive from them during a second term.

Related Post

164 comments

  1. […] likely, if Mr. Trump is granted a second term, we will see more of what we saw during the first term: Travel bans, reduction of due process protections, a weaponized bureaucracy designed to make it […]

    Reply
  2. Hi Jason,

    Thanks for everything, my wife had her interview 3 weeks ago and the Ead clock stopped for 2 days and now it’s running again. Also the decision changed from pending to decision was mailed

    Please any idea of what it might be

    Reply
    • Some people would say that if the clock is still running, it is a referral to court. But given that the clocked stopped for a bit, it is best to remain patient and wait for the letter. Good luck, Jason

      Reply
  3. Hi Jason,

    First of all, I would like to thank you for the valuable information. I have a question about a travel document. I am an asylee and waiting for my green card. I was applied for a travel document and got it on time. However, my plan was to travel around August of this year, but I don’t want to take the risk because of Coronavirus. My traveling document will expire in October 2020. Do I have to pay to renew it or ask for a fee waiver?

    Thanks

    Reply
    • The fee waiver is form I-912, available at http://www.uscis.gov, and you can check the instructions to see whether you can do a fee waiver for a travel document. Some people have had success using their I-485 receipt instead of paying, and we do that for the first travel document. However, I do not know that it would work for a second travel document (and USCIS seems not to have a consistent policy here, at least that is what I have seen). Depending when you want to travel, you might be better off paying, as that might avoid the delay of having the case returned for failure to pay, but if you are not in a hurry, maybe try to avoid paying and see what happens. Take care, Jason

      Reply
    • If u travel without green card , they will not let u to enter again, believe me!! Just wait , u mean corona virus and u don’t have GC ,!!! Where are u going ?!!! Just stay bro , OMG

      Reply
  4. Good evening, Jason. Thanks for all your very much informative feedbacks .

    I recently (August 17, 2020) filed my I-485 based on a grant of Asylum for 1 year, & filed my I-131 along with it. Assuming I’ll recieve my RTD before the GC I intended on visiting family in Canada. My question is whether I will need a visa if I don’t recieve the GC in time or if Asylees are treated like LPRs when crossing the canadian border?? Was hoping to travel for thanks giving or Christmas.

    has Anyone recently filed & received their RTD in 3-4 months??

    Thanks in Advance.

    Reply
    • Maybe someone else knows, but I do not. You might check the Canadian embassy website (which I think is pretty comprehensive, if I remember correctly) or contact the embassy to ask. Also, RTDs are not moving quickly. Hopefully, you will have it before Christmas, and there is a decent chance that you will, but you should also be prepared that it may not arrive by then. Take care, Jason

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      • Thanks Alot Jason & Jamie, appreciate all your dedicated, resourceful & very much informative work put into this forum.

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    • Rick, you will need a Canadian visa if you only have asylum status.

      When you successfully adjust your status, you won’t need a Canadian visa as you would be able to use your Green Card (GC) and travel document/passport. If you will be traveling by air as an LPR, you would need an ETA (Electronic Travel Authorization) which costs 7 Canadian dollars. If you plan to travel by land, you can just present your GC at the border.

      Source:
      https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1180&top=16

      Reply
  5. Hi Jason,
    Sorry for the off topic question, but can I apply for affordable housing (rent or buy), if my asylum case is pending?
    Wouldn’t it cause any troubles for the asylum process in terms of being considered as if I’m asking for government benefits ? Will it anyway hurt my chances of getting asylum granted? Thanks a lot in advance!

    Reply
    • I do not know about your eligibility, but if you could get such benefits, it would have no effect on an asylum case. Asylum seekers are not subject to the public charge rules. I did a post related to this on September 24, 2018, if you are interested. Take care, Jason

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  6. Dear Jason

    Can I renew my home country passport,l which is expired, and travel with home country passport since I am A green card holder based asylum, however I have a RTD but it’s almost expire And most of the country accept lease than 3 or 6 months in expiration, and my trip will be for third country, it’s an emergency . Can I use it for inter the third country and use the RTD when I back to US ,? My best

    Reply
    • It is best not to use the passport, but if you can explain why you used it, you will probably be alright. I have had many clients do that without a problem, but it could raise suspicions and so it is better if you can avoid it. Many people have to use their passport for the same reasons you mention, but it is best to have the RTD to re-enter the US. Of course, you can also re-enter with the GC, but at least if you have an RTD, it is easier to explain why you used your passport – because you tried to use the RTD, but the country you visited would not accept the RTD. Take care, Jason

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    • U should not use ur passport, and I feel ur going to ur home country!! Don’t do it , believe me they will know and they will not let u to enter again

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  7. Hi Jason,

    I would appreciate your comment on this inquiry. I filed for asylum in 2014 and interviewed in 2017. Since then I did not get a decision. I requested for my FOIA and received it today. In the file, it shows I have been granted asylum indefinitely since 2017 (8 days after my interview) – there is an i-94 stamped with this. I called the asylum office and they say this not final approval yet since they are pending for some paperwork. What should I do? Am I an asylee or no? What’s my status? Can you please guide. It seems the asylum office does not care to send me the final approval yet.

    Reply
    • I am not sure, but I think you should follow up regularly with the asylum office for a decision. You can also check your case status at http://www.uscis.gov using your receipt number (that starts with Z – it is different from the Alien number and is on your asylum receipt). Maybe the online system will give you some insight. I suppose if you do not get any good answer from anyone, you could try applying for an EAD under category a-5 (asylum granted) and see what happens. The first application is free (though you may need to pay biometrics now – and after October 2, prices will change, so you will have to double check). My guess is that the I-94 will not be enough, but there is no way to know where the problem lies. It would be best of the asylum office would just do its job and issue a decision, and maybe if you inquire every month or so, you will get some response. Good luck, Jason

      Reply
    • Hi Aj
      I’m in the same boat like you, can you if you don’t mind tell me how you filed for FOiA ? And how you did it , I’m interested in doing so…. thanks in advance

      Reply
  8. Hi Jason
    I was an Asylee and became a citizen 3.5 years ago in 2017 after trump won. I have never visited home country since I came in 2010. However one of my close cousins is getting married early next year and would like me to attend. I changed my name during naturalization so the officials in my country should not be able to tag me easily. If I go, I’ll go for 1 week max. Is it safe to go from a legal standpoint? I heard there is a denaturalization task force now so I don’t want trouble.

    Reply
    • There is a de-naturalization task force, though I do not know whether it would be triggered by a return trip under these circumstances. I feel pretty confident you are safe to go back, but it might depend on the case – for example, if your country has a sophisticated government that takes your biometric data, and your asylum case said that the home government wants to harm you, maybe the return trip would raise some flags with the US government. I doubt it, but you never know with 100% certainty. If you are able to explain why you returned and how you stayed safe, and you feel that you can explain these things adequately, you are probably fine. Take care, Jason

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      • Thanks for your reply Jason. I doubt they have a very sophisticated system. Most countries take a picture on arrival so I would expect that. I have a different name now and US passport. I can get a visa on arrival for 30 days. I used to be engaged in political activities but I’m out of that since I came here so I won’t be doing any when I go back. If I go, I’ll just attend my cousins wedding, meet a few relatives and come back in a week. I would have assumed it’s 100% safe until I heard about the de nat task force a year ago.

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        • Nothing is 100% safe, but I have never heard of someone doing what you are proposing and then having a problem. Just be prepared to answer questions about your trip and how you stayed safe in the (unlikely) event that anyone asks. Take care, Jason

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          • Hi Jason,
            Sorry for the follow up but I read up on de-naturalization and it seems like USCIS cannot do it on their own. They have to file a lawsuit and convince a federal judge. So, their attorney comes and tells the judge during the trial that “we have a US citizen who went to his persecuted home country after 11 years to attend his cousins wedding for a week. So let’s de naturalize him.” Maybe I’m naive but it’s unlikely that a serious judge will be convinced? Has there ever been a case of any asylee been denaturalized by a judge for a visit home as per your knowledge? Thanks again.

          • I think it is unlikely that you would have a problem, but I do not think it is impossible. I have had clients return home for brief (and not so brief) visits, and no one has ever had a problem – and this includes clients who have asylum and who have a GC, as well as US citizens. So I doubt you will have a problem. However, the government is taking a very aggressive approach, and so it is not possible to say that it is 100% safe to return. I think the risk is quite low, and if I was in this situation and felt safe visiting the country, I would go and I would not worry about the US government de-naturalizing me. But each person must evaluate his own risk level, and I think no one can say that the risk here is zero. On the other hand, as I tell my clients, you might walk out the door and get run over by a bus. The chances are not zero, but you have to live your life, and life involves risk. Take care, Jason

          • Jason,

            To be honest, I don’t see how a U.S. citizen would have issues (from the U.S. government’s side, of course).The general understanding is that once you’ve become a citizen you can return to your country, with a U.S. passport, as you’d be traveling under the U.S. government’s protection. It’s almost equivalent to any other U.S. citizen, “native” or naturalized, traveling to a country that poses a risk/threat to the the U.S. citizen’s well-being. It is the responsibility of the citizen to be aware and take the necessary precaution. I am thinking the issue would be from R’s former government and whether that government is still interested in persecuting him/her.

          • I have not seen or heard of a US citizen having an issue under these circumstances, but I do think it is best to be cautious, as the government is behaving viciously and unpredictably. While I think it is almost certainly fine to go back, there is always a possibility of being questioned about this, and so it is best to be prepared to respond in the unlikely event that questions come up. Take care, Jason

  9. Dear Jason , do you have plans of releasing a book or memoir , I am a fan of yours . I’d like a autograph and photo w you someday ! You’re my hero

    Reply
    • I am very good looking (or so my mother tells me). We shall see what happens. Take care, Jason

      Reply
  10. Greetings Jason and everyone

    I checked my asylum status online.recently it changed from Decision Pending to Application pending.

    I did interview since Feb 2019
    I have inquired several times even using senate office,no decision yet

    Is anyone experiencing the same issue?

    Reply
    • Which office

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    • My sense is that the messages change for no real reason and that they have no meaning, but I am not sure. Take care, Jason

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    • Same here. Mine was Chicago office. I do not want to think it is something bad but at the same time no improvement in our cases

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  11. Hi Jason,

    Do you have a guess (or better yet, an estimate), of what percentage of affirmative asylum applicants entered the country illegally?

    Reply
    • No idea. Also, it is difficult to know what it means to enter the country illegally. If someone arrives at the border and asks for asylum, that is legal and if they pass a credible fear interview, they are “paroled” into the country. Is that an “illegal” entry? I would say no, but they did not have permission to enter. Maybe if you Google “DHS yearbook of immigration statistics” you can find some info about this, but they have not been providing data lately, and so whatever you find will likely not be very current. Take care, Jason

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  12. Hey, Jason. Thanks for what you’re doing. We really appreciate your amazing kindness and thoughtfulness.
    I applied for a green card Just a couple of weeks ago and also wanted to request for a travel document to travel to a third country and visit my family. I crazily missed my wife and children and wanted to spend a couple of weeks until I bring them up here. My former lawyer didn’t encouraged me to take a travel risk at this time mentioning it’s getting hard to come back even with a travel document. She didn’t say the details but just told me it’s risky and I have to wait at least until I get my GC. Is this true? I just wanted to make sure from you before I take any action. What are the cons of traveling to a third country with a travel document? Also, how long it is taking to get the travel doc? I appreciate your help and thanks in advance.

    Reply
    • I assume you are referring to a Refugee Travel Document? If so, as long as it is valid, you should be able to return to the US (though if there are coronavirus travel restrictions, you should keep informed about that). I have not heard about anyone with a valid document being denied re-entry. The only negative is that not all countries will accept the RTD in lieu of a passport, and if you need to use your passport, it may raise questions about the original asylum claim (why would you use the passport from a country that wants to persecute you?). I have not heard about anyone having any real difficulty because they used the passport, but it is possible that that would raise questions and cause problems, so it is best avoided. Take care, Jason

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  13. Hi Jason,
    I applied ead renewal under category a(5), and they send me the ead last week for only one year. I was thinking, for two years… Is it only for one year? How do i fix this please.
    Thank you

    Reply
    • I thought the a-5 EAD was for two years, but maybe not. You can check the I-765 web page at http://www.uscis.gov, and if USCIS made an error, you can call the about it at 800-375-5283. Also, if you are eligible for a green card, you can apply for that. The GC will be good for 10 years, and so you will not have to worry about renewing the EAD. Take care, Jason

      Reply
  14. Hi Jason

    I hope you are safe and well.
    I filed i-730 form for my Wife 18 months ago. She is currently in my country out of the US.

    I sent two times inquiry and they sent me email – your case is in line to be reviewed by an officer

    I was reviewing your website , some people saying they expedite the case by congress man.

    Can you please help me , how can I contact with congress man and what should I say and ask from congress man ? Or should i contact someone else like senator. Im currently in California.

    Thank you

    Reply
    • There are links to the House and Senate at right. You can use those to find your Congressional representative and contact the office. There should be someone there who helps with immigration issues. You can also contact the USCIS Ombudsman – a link is also at right. This office is supposed to help with delayed cases, and so you can try them too. Finally, I did a post in December 2019 with a link to an I-730 manual that might have some ideas for you. Unfortunately, I-730 petitions are going slowly, but maybe if you contact some of these people, it can help. Take care, Jason

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  15. Hi Jason! I’m one of your avid fans. I am renewing my c8 next month and my question is… Is it still valid for 2 years once I have it renewed? Thank you very much and more power to you.

    Reply
    • It is for 2 years, but be aware that fees have gone up (you now have to pay the biometric fee) and will go up again on October 2. Check the I-765 page at http://www.uscis.gov. Take care, Jason

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      • Thank you very much!

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  16. Beloved Jason. Thank you for your work. Great article as always. What we’re seeing is undemocratic indeed.

    Why do enemies of America desperately want Trump to win. Do they want America to be great? Sisters, whose names are not worth mentioning, are writing support letters. Yet her brothers celebrated Trump’s victory. If she cares, why isn’t she lecturing her brothers to stop harming USA.

    Those of us who want to see America united, strong & being respected by the world, is that what we are seeing? When a President refers to states as Democrat/Republican, and his decision making tied to that, is that America 1st?

    When a national pandemic, that’s supposed to bring people together, fail to do so. Is that a “winning” environment? Malignant hate groups coming back to life. People shamelessly defending wrong & attacking right based on who did it. Policies that have failed in the past being implemented again. America first of 1930, leading to the Smoot-Hawley Tarrifs Act. How did it turn out?

    The greatest economy in the world disregarding basic economics. You dont stimulate a perfoming economy by policies that are meant for a recession, like tax-cuts. What did Trump do? Now Congress is left with no options because all aces were needlessly played. What’s left is to pump cash into the economy and baloon deficit.

    Can a nation claim freedom whilst there is an oppressed group in their midst? All these asylum seekers contemplating suicide.

    All major economies are projecting future labour shortages, China as high as 50%. USA, inclusive of immigrant labour, is focusting 3% growth. Now Trump is tossing that advantage, along with current benefits of immigration. USA dominates global trade to the extend that US$ is the international currency. He wants to toss that too via self isolation, sold as America 1st, knowing the world will retaliate with America last.

    Is military strength the only factor in being a superpower? How about leading the world, grace, compassion, democracy, stability. Immigration is just a smokescreen. No wonder why adversaries are working tirelessly to get this man elected. Take Care.

    Reply
    • Hi everyone,

      I wanted to give you all an update on the EAD renewal application.
      Sent out application early September, and today, I received the receipt.
      Not a big deal,but worth celebrating because I get to keep my job, and feed my family additional 6 months after my current one expires(hopefully).
      The notice also states that I will receive another notice for biometrics.
      I guess my fingers grew smaller, as a result of the trauma of the past, and present(kidding), otherwise why do they need another finger print?

      Reply
      • Hello,

        May I ask how long before the expiration date that you applied for the renewal? I know we can apply 180 days prior to the old card’s expiration but just want to get a reference from people. Thank you for the answer!

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    • Sadly, I cannot disagree with any of this. Take care, Jason

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  17. Hi Jason, my son and I applied for renewal EAD at the same time, yet my son got his case approved one month ago, yet im still waiting. Is it normal? Is there an issue?

    Reply
    • It is common for people who apply at the same time to have their cases processed different, and so by itself, I do not think that is something to worry about. EADs often take 5, 6 or 7 months (or more). If you think you are reaching that point, you can call USCIS to inquire about the status of the application: 800-375-5283. Take care, Jason

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  18. Hi Jason i have a question its understandable that during closing time which is sonce march so far they have to reschedule hearing why hearing dates have been changing for the cases that scheduled after opening? Are they want to change all cases hearing dates?!?! I just read this from court site!
    “As previously announced, certain immigration courts have resumed non-detained hearings. Hearings in non-detained cases at courts without an announced date are postponed through, and including, September 25, 2020. See below for the latest operational status of courts nationwide. For case specific information, please have the relevant alien registration number and call 800-898-7180 or visit the Automated Case Information portal.”
    Is this mean all hearing that are scheduled after opening should not be changed???
    I am confused

    Reply
    • Not all courts are open, and those courts that are open are not operating at full capacity. For this reason, even for courts that are open, not all cases are going forward and some cases are being rescheduled. In short, it is a mess. Take care, Jason

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  19. This morning I woke up . It was rainy . Something hurt , and it wasn’t my body . It was my soul , but also my throat . I guess because of all the trauma and anger and disappointment that has been building up . I wonder is this the end ? This year ? … I drink 9 bottles of imported beer I bought last night , even though I am unemployed and broke like a B . I get kind of drunk and I laugh and I had an epiphany … the world is a piece of sh !! It all sucks !! But then I remember that the sun is expected to explode , andromeda is gonna hit us and we are going to disappear . Perhaps with all this USCIS will finally expedite cases . ??? Don’t forget to look up in the sky and scream > WHAT THE FFFF . Good luck , and I hope you win the lottery

    Reply
    • This reminds me of a joke: A woman goes to an astronomy lecture. The professor says, “In three billion years, the sun will expand and swallow the Earth.” The woman gets very upset and asks the professor to repeat the statement. The professor says, “In three billion years, the sun will expand and swallow the Earth.” “Oh thank goodness,” the woman says, “I thought you said three million years.” Take care, Jason

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    • I am so sorry Katherine.

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  20. Hello,

    I was wondering can I get a travel document if I get an internship outside of US for a short time? If yes, can I expedite it for this reason aswell? I would appriciate your answers. Thanks.

    Reply
    • It depends on your current status. If you have asylum, you can get a refugee travel document (form I-131, available at http://www.uscis.gov). If you have pending asylum, you can apply for Advance Parole (I wrote about that on September 11, 2017). I wrote about expediting a case with USCIS on January 29, 2020. Take care, Jason

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  21. I am heading back to my country next month. after waiting for more than4 years. I prefer to stay in jail or to be executed rather than to stay here! we are not welcomed and we are treated like trash

    Reply
    • I would reconsider that decision. Yes, the process is terrible right now, but November is right around the corner and things might change significantly. As the saying goes, when you think you have it bad, others might have it worse. I personally don’t like the idea that it could take 8 months to a year to become a permanent resident, but just a couple of years earlier, I was wondering if I even had a case. When I made it to the US and applied and got my interview appointment, I thought at least things were moving along, but slow. Eventually, I did the interview, not knowing what the outcome might be. When I finally got asylum, it was a huge sigh of relief, and then then the next hurdle was the work authorization.

      But, you know what I have done in that 2 year period, I lived my life. I didn’t put myself on hold, that’s what I did back in my home country. That’s what you should do while still working as best as you can to get to where you need to be. To invest so much, this far, then to go back to your home country, just to go back to square one, seems like a bad move. Stick it out, try to make this your home, utilize as much of the resources that exist to help make a life here. I would rather embrace treated like trash than face the mental torture I went through all my life back in my home country.

      Yes, four years of this administration has certainly made things harder, but winning asylum in it, living my life through it, I don’t regret it one second. Sometimes the universe puts you where you need to be. One time, I said to myself, maybe I should have done this earlier, but then I remembered what my lawyer told me, if you came here just a few years earlier, you would have been on the back list waiting. That might be your situation, but I would say, you are here now, just keep on trying until you get there.

      Reply
      • Thank you for sharing your story. It brings much hope and inspiration………

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      • There was a study about asylum seekers and waiting – I did a post about that on January 9, 2018. Maybe that would be of interest to people who are stuck in the eternal queue. Take care, Jason

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    • You are not the only one. It is a real shame that our country failed you (and so many others). If you leave, you may want to contact the asylum office to withdraw your case. That may make it easier to return here one day, if you ever want to. You can find their contact info if you follow the link at right called Asylum Office Locator. Good luck, Jason

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    • Hello Mike,
      I just wanted to share a few things with you we never meet in life. Before coming to this country, I worked as junior lecturer in one of the biggest universities in my home country and also as a CEO for my own company.I had had to leave everything behind for my safety. Since, I have been in this country, I have always been ashamed of myself as I can never find a job that complies with field because I have a pending asylum application pending for so many years and awaiting decision for about 4 years now.
      Being in the same boat than you, I easily understand your frustration but please look at the decision-making steps below if you deem it necessary.
      Carefully Consider the Circumstances. One of the most important, but often overlooked, steps to good decision-making is taking time to evaluate your circumstances and mindset before making a decision. Making a good decisions is a method that must be learned. It is not something with which we are innately born, but merely a step by step process that is usually ascertained from life experience.
      When decision making, there are many steps that can be taken; but when making good decisions there are really only five steps that need to be considered. These steps are as follows:‍
      Step 1: Identify Your Goal
      One of the most effective decision making strategies is to keep an eye on your goal. This simply means identifying the purpose of your decision by asking yourself what exactly is the problem that needs to be solved? And why does this problem need to be solved?
      Figuring out what’s most important to you will help you make good decisions. When you know the reason why you have making a particular decision; it will better serve you in staying with it, and defending it.
      Step 2: Gather Information for Weighing Your Options
      When making good decisions it is best to gather necessary information that is directly related to the problem. Doing this will help you to better understand what needs to be done in solving the problem, and will also help to generate ideas for a possible solution.
      When gathering information it is best to make a list of every possible alternative; even ones that may initially sound silly or seem unrealistic. Always seek the opinions of people that you trust or speak to experts and professionals, because it will help you to come up with a variety of solutions when weighing all your options for a final decision. You will want to gather as many resources as possible in order to make the best decision.
      Step 3: Consider the Consequences
      This step can be just as important as step one because it will help you determine how your final decision will impact yourself, and/or others involved. In this step, you will be asking yourself what is likely to be the results of your decision. How will it affect you now? And how will it affect your future?
      This is an essential step because it allows you to review the pros and cons of the different options that you listed in the previous step. It is also important because you want to feel comfortable with all your options and the possible outcome of whichever one you choose.
      Step 4: Make Your Decision
      Now that you have identified your goal, gathered all necessary information, and weighed the consequences, it is time to make a choice and actually execute your final decision. Understanding that this step can cause some people a lot of anxiety is important because this is where you have to trust your instincts.

      Although you may still be slightly indecisive about your final decision, you have to take into account how this makes you feel. Ask yourself, does it feel right? And does this decision work best for you now, and in the future? When you answer those questions back, you should feel good about the result.
      Step 5: Evaluate Your Decision
      Once you have made your final decision and put it into action, it is necessary to evaluate the decision and the steps you have taken to ensure that it works. This final step is probably just as important as step one, if not more important, because it will help you to further develop your decision making skills for future problems. This step is also fundamental because it may require you to seek out new information and make some changes along the way.
      As for me,if the US decides to deport me, I will commit suicide because I have nowhere else to go.Hope this proves useful

      Reply
      • This is useful, though your last sentence came as a bit of a surprise. Hopefully, your case will succeed, but there are usually other options besides the US. Anyway, we are going downhill rapidly, and so the US is not as great an option as it once was (though still safer than many places). Take care, Jason

        Reply
        • I knew people would say that my last sentence kind of came out of nowhere but after spending as many years in this country and with my age, I don’t see how to start up a new life in a different country as I can never think of going back to my home country . I now find myself in a predicament . Years back, I thought I was so smart but America has been making me the most stupid person because of depression and uncertainty of life. We are being murdered and crying for help but nobody is willing to help

          Reply
          • I have not had to start over in that way, and so I do not know, but I have seen people who were very successful in the home country forced to start over. It is not easy, and they rarely achieve the level they had before. Many of them only relocate for the sake of the children; others because the alternative to not relocating is worse. Even though they do not have the same type of life they could have had, in some cases, they can at least find some peace, which I guess is something. Take care, Jason

      • Thank you guys for your comments! Guys, I’ve lost pretty much everything here! I came here as an International student back 2016 finished my Master’s degree ( as International I spent all of my savings 50k ). having done my master’s degree, I landed a job in Denver, but due to coronavirus I got laid off and since then I’ve been unemployed for like 6 months now. I’ve applied for more than 60 positions all over the united states, but still, I am unemployed. Now I have a hard time making ends meet with 2 master’s degrees!

        Reply
        • I am do sorry Mike.
          I hope things get better for you.

          Reply
        • I am sorry to hear this. Hopefully, you can keep trying and get something soon. Take care, Jason

          Reply
  22. Hello Jason,

    I would really appreciate it if you could offer some advice regarding my EAD application. Back in July, my EAD renewal was denied by USCIS stating that I didn’t show up for my interview, which was scheduled for March. However, I did send a request to reschedule it before the scheduled date and the request was approved by the asylum office. Consequently, my lawyer filed a new EAD application stating that my EAD renewal was incorrectly denied and also requested a waiver for the application fee on this basis. Unfortunately, this application got rejected since USCIS refused to process it without the filing fee. At this point I’m not sure if I should refile it with the application fee or wait until my interview to be rescheduled to file it. I’m concerned that I would be losing the application fee twice for nothing.

    Thank you.

    Reply
    • It’s weird why u guys reschedule!! So u where busy in what!!! Jeezz

      Reply
    • It depends when you rescheduled your interview. If it was rescheduled before 180 days passed on the asylum clock, the clock stopped. If the clock did not reach 180 days, you are not eligible for an EAD. When the interview is rescheduled, the clock should start again. However, the new rule is that you have to wait one year to apply for an EAD. If you have your asylum receipt number (not the A number; the number that starts with the letter Z and appears on your receipt), you can check case status at http://www.uscis.gov and that should show you how many days have passed on the clock. If this turns out to be a USCIS error, they should correct the problem and waive the fee. I wrote more about the Asylum Clock on July 19, 2018 – maybe that would help too. Take care, Jason

      Reply
      • Jason,

        Thank you for replying. May I ask if you know of any other ways for them to correct the problem and waive the fee? The I-912 waiver form that we filed recently indicated the error but it didn’t work and was rejected.

        Reply
        • Asylum seeker,

          May I ask why you had to reschedule?

          Reply
        • I do not know any tricks for that. Maybe you could try the USCIS Ombudsman (a link is at right), but all this takes time and you will be without an EAD while you wait. You can also try to call USCIS and see if they can assist you in any way – sometimes, they are surprisingly helpful. The number is 800-375-5283. Take care, Jason

          Reply
  23. Quick question folks,

    If uscis cashes the check for EAD renewal, does it mean the application has been accepted?
    We have to celebrate application acceptance, and receipt.

    Reply
    • It means the application is received. If you paid by check, you may be able to get a copy of the cashed check from the bank, and USCIS should have stamped a receipt number there. You can check the status of the case at http://www.uscis.gov using that receipt number. Also, you should get the actual receipt in a few weeks. Take care, Jason

      Reply
      • Thank you, Jason

        Reply
  24. Hi , after waiting for interview since 2015 I have made the sad decision of leaving the country to Europe . I wasted my time in this schithole third world country and my sanity . Thank you Jason. Phuck Trump and his rat asss admin

    Reply
    • I am sorry to hear it, but I wish you well whatever you do. If you leave, you may want to contact the asylum office to withdraw your case. That may make it easier to return here one day, if you ever want to. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
    • I am sorry bro i am about to get same as your decesion which state are you and how we can get visa to go european country?!

      Reply
  25. Jason sir I’m no kidding joking there is an asteroid that is going to crash the earth before the election look that up . It is truth mister ! Is this okay info for me to ask for interview expedite ???? I’m not kidding it’s exhausted my anxiety . Thank u

    Reply
    • I heard about the asteroid, but supposedly, it will be a near miss (though one never knows). If you have evidence of anxiety or other problems caused by delay, you can try to expedite – I wrote about that on March 20, 2017. Now is a difficult time to do that, since the asylum offices are working at a very reduced capacity due to the pandemic. Take care, Jason

      Reply
  26. Jason quick question . Why is life so unfair ? The presidents brother died … why couldn’t it be the other way ? Unfair world …

    Reply
  27. I am going to be quick . The only way out is voting Trump OUT . He needs to be GONE . VOTE BLUE.

    Reply
  28. I have been waiting for an interview since August 2015 (New York). The congressman made an inquiry on my case (third in two years). I was again refused to expedite the case. While waiting for an interview, my father died (in my home country), now my mother is in critical condition. I hate the current administration.

    Reply
    • I am sorry for your loss. You might try to expedite again with evidence of your father’s death and your mother’s condition, and evidence of how that is affecting you. It is very difficult to expedite now, as the offices are operating at a reduced capacity. I wrote about expediting at the asylum office on March 30, 2017. Take care, Jason

      Reply
  29. Hi Jason

    I hope you are safe and well.
    I filed I-730 form for my Wife 18 months ago. She is currently in my country out of the US. The processing time at the Nebraska service center is 11 months to 14 months.

    Two times I send inquiry and they sent me email – your case is in line to be reviewed by an officer. We ask that you allow additional time for this process to take place since we process these cases in the order received. If after 60 days you have not received anything in the mail, please contact the USCIS Contact Center.

    I have two questions about this.

    What can I do to expedite my case?

    Also I have green card right now, Am I allowed to send an I-130 form? I fear I will not get a response to the I-730 so maybe they answer me on the I-130.

    What is your advice for me ?
    Thank you

    Reply
    • These cases are moving slowly. I just did a USCIS Ombudsman inquiry for one of my clients (if you want to try that, a link is at right). We shall see if that helps. I did a post about expediting USCIS cases on January 29, 2020 – maybe that would help. And in December 2019, I did a post about I-730 forms. That post has a link to an I-730 manual that might give some advice for this situation. As for the I-130. I doubt it would interfere in any way with the I-730, but I would expect the I-730 to be decided first and so it is probably a waste of money. If you are not concerned about the money, I do not see any harm in filing an I-130, though again, I highly doubt it will be necessary (if you do file it, you may want to do that before October 2, when USCIS fees are scheduled to increase). Take care, Jason

      Reply
    • I just expedited I 730 petitions 3 weeks ago.

      how long they took to reply you back?

      my Case History

      On August 24, 2020, your request to have your case expedited, referral number T1B…………FR, was completed.
      08/24/2020

      On August 24, 2020, we sent a response to your request to have your case expedited, referral number T1B……………..SFR.
      08/24/2020

      On August 24, 2020, your request to have your case expedited, referral number T1B……….SFR was assigned to an officer for response.

      after that no response
      thanks

      Reply
      • Even their expedites aren’t all that fast. Hopefully, you will receive a decision soon. If not, you can follow up by calling them at 800-375-5283. Take care, Jason

        Reply
  30. Attention > another THREAT BY this administration :
    https://kansasreflector.com/2020/09/10/immigration-agency-cuts-of-800-kansas-city-jobs-expected-to-trigger-backlogs-delays-nationwide/

    It is happening !! FURLOUGH OF 800 workers in KANSAS … delays expected for green cards , work permits and background checks ! F@cK

    Reply
    • I am once again at a ‘whatever’ phase, so I can no longer keep up with all the negative news.
      I have made so much mistakes at work in the last 3 weeks, that I will be lucky to still have a job before my current work authorization expires soon.
      If I cannot provide for my family anymore, watching them suffer is not a plan I will stick with.
      With everything going on, I am completely exhausted inside, out!
      What a life in the USA! No zeal!!!

      Reply
      • Tina I don’t want to sound stupid … but I want to share a story if it serves you of consolation . Papers matter and having status matter , but I know people who have received status and have been murdered here or killed by an illness … some rich people died today others poor too .. point of the story is ; if you can read this message and you’re alive you’re lucky already while others are rotting In the soil with worms … life is dark but remember that nothing lasts forever not even a stupid asylum card or a million dollars . My advice is don’t take things too seriously bc life is a joke . Also , if you’re still waiting for interview ; contact them every week via email . It’s the only way they’ll call you honey love . You have to drive them nuts . Take care okay

        Reply
        • You are right,Loretta! Problem is you need to thread places with people before you tell them how lucky they are, because not everyone views being alive as being lucky. You have no idea what they have been through, or going through. You know nothing ,except the general things I post here.
          Combined with the immigration issues, it is very difficult
          All you know is pending asylum, or EAD delay!
          Is like asking someone, why are you depressed? You have a husband, children, house car,etc, why are you.depressed?
          I said it before on this platform that I might have become the chief sob story teller. Yes I recognize that, but your insensitivity is cruel!

          Reply
          • Trade places*

          • Tina,

            Let me try to share my story here, It resonates with your story. Back on May 1st 2020 I was laid off from my job (laid off is a nice word for getting kicked out/fired). You ask me Why??????

            Well generally speaking almost 35% employees of the company were laid off because company suffered severe losses due to COVID-19. But again why me?????? I was one of the best employees in the company, I spent most of my time at work resolving issues and coming up with solution way ahead of my time. I was in charge of a whole product line and was in a great position.

            My only drawback/mistake as you said is similar to you. Due to this asylum pending situation I was extremely depressed and miserable and bitter. Even though technically speaking I was one of the best people on the job but I could not be happy at work. This cased me to get into minor heated exchanges with my managers. I could not keep a happy face at work……..Even though I managed the largest line of products for the company but I was still miserable…..I could not develop good relationships with many managers because I refused to oblige each and every one of them…….I thought since I was so good at my job that may be I will never be fired from it. I could not imagine it….

            But guess what the only person that I had a great relationship with was my direct manager, He was also fired, many other employees (many of them U.S citizens were also fired)………

            Moral of the story here is: Being continuously chronically depressed and traumatized will completely ruin your whole life. I have been waiting for 5 years just for an interview. I am on the verge of giving up here. I have a younger brother who lives in Canada and the rest of my siblings with their families also fled to canada………All of them are living great happy lives but i chose to come to this great country called America for refuge…

            The only thing i received from America so far is severe depression, trauma, anxiety and stress………………I believed America to be the same as shown in hollywood movies……Sadly the real America is not the same……only if i knew this earlier i would have left for canada just as the rest of my family did…….

          • John and everyone discussing this- Depression turns you to a perpetually sad person. The PTSD gets deeper and deeper.. You sleep with fear,, drive with fear,, wake up with fear..
            I don’t know if anyone has had this experience. I never drive one mile above speed limit.. And then people start cursing you out to move your damn car out of the way, with all the “f words” in the world. They want you to drive above limit, but you know that, for the American citizen asking you to over speed to get out of his/her way, they have a right to the roadway, and may only need to pay a speed ticket. You are privileged to be on the road, and your speed ticket may just not end there. It could be the next ” crime” that prevents you from getting an EAD, or asylum, so you constantly stay on the slow lane.
            The company you work for cares about you, but if your job is affected by your mental state, they don’t have to keep you, especially with a temporary status.
            So you keep pretending to be okay, because it is a privilege that you even have a job, and you know your dependents will advance further in indigency, if you loose your job. You are also afraid of loosing your job, every single day.

            People seeking asylum have a past hunting them. This wait, and all that comes with it makes one a moving empty box.So you mask your pains to show everyone else what they want to see.
            “I am not made of steel” .

          • I am so sorry to hear that you lost your job, John.
            I hope you find something better.

          • Thank you very much Tina….

        • Your comment reminds me of a scene from one of my favorite movies: https://www.youtube.com/watch?v=SJUhlRoBL8M

          Reply
      • Tina I agree with you , every day the pain is unbearable. I feel like I’m sinking into a black hole . Is this how you feel too ? Tina what office is your case. Which state

        Reply
        • Miami

          Reply
        • Don’t worry, I am in same situation as you are. My Asylum office is LA and waiting since Feb 2016 for an interview….Only GOD knows when I will get it……

          Reply
      • Welcome to my dark world, Tina! Same happens to me: I have been hired for a new position for 3 months. I can never focus on my job specifications. Just yesterday talked to my manager and told him that this “waiting game” is my issue that prevents me to well concentrate on anything.

        Asylum– You are a kind of pain, suffering, and sorrow that no one else can understand it. You always remind me Edvard Munch’s “The Scream”!
        You took away my smiles, my youth, my friends, my books, and my mom!

        Reply
        • Alan
          It is great that we are here to hear one another’s ‘sob stories”.
          It helps to have a community of people who are in the same situation as you, because no matter how good your therapist is, he/ she can never fully comprehend the extent of our emotional traumas.
          I hope that someday, one by one, we can come back here, and post good news.

          Reply
      • Hi Tina,

        You are not alone my friend. We are living in two horrible worlds. In 1 world you are a parent, your children’s life and hopes pinned on you. At the same time, in the 2nd world, you are just an I-589 paper with a receipt number. They are trained not to see you as a human being like them.

        But know that God has not has not forgotten us. His promise is to look after children, orphans, widows and foreigners. Leviticus 25 even says the world belongs to God and everyone in it is a foreigner. Take Care

        Reply
        • GOD bless you, Daniel for this spirit lifting post.

          Reply
  31. Dear Jason

    USCIS will kill me one day For sure

    Every 60days ombudsman office do inquiry with congress man USCIS used to say that gives 60days if you did not hear make another inquiry-

    This time USCIS wrote to ombudsman and congress that unfortunately we can not give a time frame when will the final decision will be rendered.

    Its been a year since im waiting for my decision from fucking Arlington office

    Do you think i do alot of inquiry thru ombudsman congress and senator caused them to be so rude with my application “

    Reply
    • I doubt the inquires caused them to go slower, and this is a problem for many people. Why they cannot make a decision in all these cases, I do not know. Anyway, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason

      Reply
  32. Hello Jason,
    My individual hearing is to be made next month. Today, I just checked the automated system, over the phone and on the EOIR website, and found that they have removed the hearing date. It says no hearing date available. Does it mean that they are going to reschedule my hearing?

    Reply
    • Hi Alan.

      I’m in pending status since 2015. My individual hearing would have been on 09/24/20. Just checked today, got rescheduled for 2023 June.
      I’m leaving the country early next year and abandon everything I started building up.
      I’ll probably go for Canada or somewhere else.
      Not a chance I’m waiting 8+ years just for asylum with my life on hold.
      It sucks, truly.
      Injustice at it’s finest.
      I wish the best for the rest that chooses to stay and fight. Personally, it’s not worth it for me anymore.
      I got broke, I am even more depressed than ever before, obstacles everywhere. It is not a good life to live, in the home of “freedom”.

      Reply
      • I am very sorry to hear this. One option, if you want, is to try to advance the hearing to a sooner date. I wrote about that on April 20, 2017. Whatever you decide, I wish you good luck, Jason

        Reply
      • Celia,

        We waited a decade to get all the way through the process, and it was worth it. Going to Canada does not seem like a solution, as you will still be in some form of limbo. Whatever you do, best of luck.

        Reply
      • Hi Celia,
        I’m in the same pain like you. My case is pending since 2015, and my individual has been rescheduled 2023. All expedite requests denied.I have never face such depression in my life, with everything falling apart. My worst nightmare is that I don’t know where to go, with no passport.Returning to my country is a suicidal decision, as I may get killed or die in jail .Is this America we dreamed?!

        Reply
        • If you have evidence of depression or other health problems caused by the delay, it might be worth submitting that and trying again to expedite, but I do not know – that is very dependent on the judge and the judge’s clerk (who receives the expedite requests). I wrote about this on April 20, 2017. Good luck, Jason

          Reply
      • Celia,

        All the best to you.

        Reply
      • I am sorry my friend can i ask you which court?

        Reply
    • Can i ask you which court?

      Reply
      • New York City… the great liberal melting pot lol.
        Waiting years and years for a hearing to be delayed by 3 years again. Nobody ever heard my case as I was referred to court without asylum hearing. They have no clue…
        It’s a wrap for me. I wanted to go study nursing but it requires permanent residency in NYC. I found some schools in the south that does not so my first stop is there. After that who knows… I leave my spouse here, she said she will be fine. I can’t no more as I’m losing my sanity here.

        Reply
  33. Hello Jason,
    My individual hearing is to be made next month. Today, I just checked the automated system, over the phone and on the EOIR website, and found that they have removed the hearing date. It says no hearing date available. Does it mean that they are going to reschedule my hearing?

    Reply
    • It likely means that the hearing is being rescheduled. This is pretty common these days due to the pandemic. You can call the court directly to try to ask the clerk. You can find their number if you follow the link at right called Immigration Court. Take care, Jason

      Reply
    • can you tell us more….the court of which state you are

      Reply
  34. ATTENTION EVERYONE ! ANOTHER THREAT BY TRUMP >>>>
    THE MOTHERFCkRR wants to implant more biometric collection such as DNA , eye exams … more humiliation …. https://www.buzzfeednews.com/article/hamedaleaziz/trump-immigrant-biometric-info-applications

    If you have relatives who are us citizen tell them to
    Vote for Biden. This orange rat piece of sh is a threat to democracy !!! He needs to be GONE ! November 3

    Reply
    • This Trump Asshole is no better than hitler…..Doing exactly the same things as hitler did…..He is a Nazi racist hateful POS…….

      Reply
  35. Dear jason . Question . I was approved asylum on January 14 2020 . Does this mean my green card application can have the date signed January 14 2021 and mail it out that same day ? I am trying to do it exactly in one year but ; how do you do it best ?i am trying to avoid being rejected for any stupid reason . Thank you sir

    Reply
    • If it is less than one year, it may be rejected, so as long as you mail it on the one year date, you should be fine, since I assume it will take at least a day to arrive. Take care, Jason

      Reply
    • Remember, there are steps required before you can apply:

      – You might need to pay lawyer or legal fees if you are being assisted
      – Medical exam fees.

      Try scheduling your medical exam in advance, so it does not delay the application for the i-485. For me, the physician just happened to be going off on vacation at the time I had to schedule it, delaying my application by about 2 weeks.

      I originally planned on applying for my green card at the end of May, but not considering the time to fill out the form, do the medical, it ended up getting delayed until near the end of July. So, best-case scenario, especially with the pandemic, I probably won’t receive the green card until exactly one year after.

      Does it really matter? Nope! It’s just the psychological aspect of knowing my life is being cemented and manifested here. But, at the same time, you still have this sense of you are partially allowed here.

      Reply
  36. Jason,

    I thought you were joking when you mentioned the below point but apparently not. What has the world come to…….where did they get this idea from??? some science fiction horror movie ?????? Seriously What’s wrong with these people????????

    “The border patrol will deploy a heat ray weapon, which produces “agonizing pain” to those caught in its line of fire. The idea is that migrants caught in the device’s ray will turn back to Mexico before they become burnt toast.”

    Reply
    • The device was designed for non-lethal crowd control, so probably it would only be deployed at places in the border where they expect large crowds or protests. I am not sure that this idea is still on the table, but when you have convinced yourself of the inhumanity of other people, it is easy to do such things. Take care, Jason

      Reply
  37. Hi Jason,

    We are the ones that have been asking questions about AOS through EB2 passed 2 years.
    I finally got the I140 approval and will send I485+I131+I765 by the end of this week.
    To adjust the status with this case, our lawyer approach is, as soon as we got the AP from I485; cross the border and come back to get the “Parolee” stamp. And then file the second I485 (even do the first one is still pending) as a parolee.
    He is saying that it is doable and even if the first one gets rejected which probably will, we will have the second I485 filling as parolee based on the approved I140 and we should be able to AOS. I appreciate if you share your opinion about this approach.

    Reply
    • I have never heard such a thing, and I do not think it will work. Also, there is a new BIA or AG case (maybe from last week or the week before) that states that you have the same status when you return from AP as you had before you left. In other words, the case seems designed to stop what you are trying to do. I have not read the case, and so I may be wrong, but you might want to look into it before you try this. I could also be wrong about the lawyer’s plan, and maybe he knows some avenue that I do not know about. Anyway, if you try this, maybe let us know what happens. Take care, Jason

      Reply
      • Thank you Jason for your response, We will post an update here.

        Reply
      • Jason, can you share link on that case?

        Thanks

        Reply
        • Correction – I think this applies to Advance Parole based on TPS, but not other types of Advance Parole (see Matter of Z-R-Z-C-, Adopted Decision 2020-02 (AAO Aug. 20, 2020)). I thought I saw something that it also applies to AP, but I may have been wrong. I will look for it, and if I find anything I will post it here. Sorry about that, Jason

          Reply
          • Jason, thanks!
            That’s great, if AP issued as combo card for pending I-485 is not affected!
            In this case idea to cross border and fill second I-485 does not seems so crazy.

          • I have never heard of such a thing, and I have real doubts, but hopefully it will work. Take care, Jason

      • Jason,

        Would be great if you share the link that I can share it with our attorney. Thank you in advance.

        Reply
        • I went to look for it, and I think I am mistaken – the case is Matter of Z-R-Z-C-, Adopted Decision 2020-02 (AAO Aug. 20, 2020), but that only seems to apply to Advance Parole based on TPS (not Advance Parole based on other pending applications). If I find something else, I will let you know. Sorry for the confusion. Take care, Jason

          Reply
    • Hey!
      My i140 will be approved soon 🙂
      I wish this way to work, but I agree with Jason.
      We are looking two options : waiver for AOS in country, consulate or do AOS before immigration judge.
      Please keep us posted!

      Reply
      • Hi Konstantin,

        My lawyer is so optimistic about his plan and he keeps saying that he did this for many clients with illegal entries or people with criminal histories to just get in as a parolee and then AOS. To be honest his confidence in his approach and optimism is the only reason that we are hopeful.
        I hope it works and will let you all know.
        Regarding consulate processing what if your case get rejected or takes a while to get approve, so you will leave whatever you have in US and risk it?? Also by having asylum case, how are you planning to go back to your country?
        In regards to immigration judge, yes definitely would be the last step if nothing works.

        Reply
        • If you are out of status, I do not see how leaving and returning with AP gets you back into status for purposes of adjusting based on an approved I-140. Entering with AP did (until that recent case) allow people who had entered unlawfully to have a legal entry, which could allow them to adjust status under some circumstances (most commonly, marriage to a US citizen). Anyway, he may know something I do not, since I do not do many business cases. Please do let us know what happens. Thank you, Jason

          Reply
          • Thank you again Jason, he believes being parolee is an status. On I485 instruction it says, admitted or paroled is acceptable for AOS. That is why he wants to file the first one to just use the AP from it and become parolee and then file the second one as a parolee (since the date of parolee stamp will be before filing the second I485).
            I do not know what will happen, will update everybody here. Again thanks for all the support Jason.

          • Hopefully it will work – Good luck, Jason

        • Thanks!

          I like more and more this idea of adjusting status immediate after entering on AP.
          As far as I remember – entering on AP will eliminate all your previous violations, including out of status 180d+. So if you file i-485 immediate than using 245-k (less than 180days accumulated), status can be adjusted. That’s would be interesting to talk with you !

          Initially I inclined to use 245-k and being out of status more than 180 due to “technical reasons from USCIS” or go consulate.
          Regarding consulate – it could be done in Canada. I have approved H1B petition already within consulate in Toronto. So, tecniclally I can try it…, but GC process looks more solid, especially if you have pending i-485.

          Can do me a favor and send your contact email on neprosto@ua.fm ? I do not want to loose chance to talk to you….

          Reply
          • Entering on AP does not give a person status – it only gives them a lawful entry (which can be helpful for people who entered unlawfully and are now hoping to adjust status based on an immediate relative petition). Nor would it erase a 3/10 year bar issue (though remember that the 3/10 year bar only goes into effect if you leave the US after staying here unlawfully for 6/12 months or more). Anyway, if this works, let us know. Take care, Jason

      • There is a law called INA 240(k), which you can Google, that may provide a path. But I do not know of anyone actually using it successfully, and I have not tried it for any clients. Take care, Jason

        Reply
  38. Thank you for all you do 🙂

    I have an I485 pending in connection to marriage to a U.S. citizen. I also have an EAD Category C08.

    Is it possible to renew the EAD under C08 or do I have to change that to C09?

    Thanks for your help!

    SK

    Reply
    • As long as the asylum is still pending, you can renew the EAD under c-8. One point: While the c-9 EAD is valid for only one year, you can apply for Advance Parole and get an EAD that is valid for re-entry. If you want to do that, you should file before October 2, as prices will go up. Take care, Jason

      Reply
  39. Hi Jason,

    How many of your new filings have gotten an interview? is the asylum office up and running yet?
    Thanks

    Reply
    • Since the pandemic shutdown, we probably filed 10 or 15 cases (maybe more). None have been interviewed. My law partner has had a few re-interviews or one-year bar interview cases. I did have one case from 2016 that was plucked out of the backlog and scheduled for an interview. Why this case was picked, I have no idea. There is no one-year bar issue and really no unusual issues at all. So from where I am sitting, things are quite slow. Take care, Jason

      Reply
  40. Hi Jason,

    Based on your experience, how long does it take for an RTD to issued (processing time)? It shows 2-5.5 months on the USCIS website but was wondering how long do you usually see it taking!

    thanks!

    Reply
    • Nothing is very predictable, but we have seen them taking maybe 5, 6 or 7 months lately, as things are slow. Take care, Jason

      Reply
  41. Hello jason!
    Is there a way i can expedite my i-485 application? With humanitarian reason? My grand ma got stage IV colon cancer and i want to be there before she pass away

    Reply
    • Hello Ashlee , there might be a way if it is urgent and necessary for you to meet a relative in a safe place, or issues with employers or sadness related . You need proof . How long have you been waiting ? And which processing center ?

      Reply
    • You can try – I wrote about expediting with USCIS on January 29, 2020 – Maybe that will help. Take care, Jason

      Reply
  42. Hello jason!
    That is definitely frightening
    I have a question, i am a greencard holder based on political asylum, My dad is sick and I’m planning to go back in my home country( somewhere in Africa) to take him to another country for treatment, i was able to renew my home country passport, and i do have a travel document as well, and i am planning to use both, first i’ll use my rtd to travel to Europe then use my passport to travel to my home country, on the way back i’ll use my passport to Europe than my rtd to usa, will the homeland security know? Will i get in trouble or have my greencard cancel?

    Reply
    • You should assume that they will know. They may not, but they might. And if you apply for citizenship, they will specifically ask you where you visited, and so you will have to tell them (if you lie and they know, it will be very bad news). Otherwise, I wrote a post about returning to the home country on January 6, 2016 – maybe that would be helpful. Take care, Jason

      Reply
    • WARNING !!!! >>>>DO NOT DO THIS !!! THE MINUTE YOU DO
      THIS THE MINUTE THEY WILL TAKE YOUR GREEN CARD , WIPE OUT UR CITIZENSHIP APP AND DEPORT YOU !! DO NOT !! WAIT TIL YOU GET USA PASSPORT . FOLLOW > the LAW ! BE SAFE !

      Reply
      • Paphuanella, I agree that there could be serious consequences for going back to your home country after a grant of asylum but before becoming a citizen; however, I believe you are being a little too dramatic. There are many former asylees (GC-asylees) and asylees who renewed and used their COP’s passport.

        Reply
  43. That’s scary.

    Reply

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