Last week, USCIS announced a new rule for interpreters at Asylum Office interviews. Starting immediately, most asylum applicants should not bring their own interpreter to the interview, as had been the practice up until now. Instead, USCIS will provide an interpreter by telephone for most languages. The reason for the change is, of course, the coronavirus pandemic. This new rule will be in effect until at least March 22, 2021.
There are a few interesting tidbits contained in the rule’s preface, and here, I want to discuss those, as well as the effect of the new rule, plus some tips on working with telephonic interpreters.
One tidbit is statistical. To justify the new rule, USCIS cites some numbers indicating how serious the pandemic is. As of July 31, 2020, “there were approximately 17,106,007 cases of COVID-19 globally, resulting in approximately 668,910 deaths; approximately 4,405,932 cases have been identified in the United States, with new cases being reported daily, and approximately 150,283 reported deaths due to the disease.” This grim assessment by the U.S. government itself seems largely at odds with the picture painted by President Trump, who has pretty consistently underplayed the severity of the pandemic (at least in public, if not to Bob Woodward).
Another interesting tidbit relates to the affirmative asylum backlog. Since the advent of the Trump Administration, the Asylum Office has become more tight lipped about its data, and so we receive fewer updates about the backlog (or anything else). But according to the new rule, as of “July 31, 2020, USCIS had 370,948 asylum applications, on behalf of 589,187 aliens, pending final adjudication.” “Over 94% of these pending applications are awaiting an interview by an asylum officer.” This means that as of July 31, the current affirmative asylum backlog was about 348,691 cases (meaning 348,691 cases were filed but not yet interviewed). Contrast this with the last time USCIS posted statistical information about asylum cases, which was for the period ending on September 30, 2019. At that time, the backlog stood at 339,836 cases. If all this data is correct (and I am never completely confident in the information we receive from USCIS these days), the backlog has grown by about 9,000 cases between October 1, 2019 and July 31, 2020.
If we believe these numbers, this means that the backlog grew faster in FY2019 than it did in FY2020. This may or may not be surprising, depending on your perspective. On the one hand, given that so few cases are being interviewed this year thanks to the pandemic, we might have expected the backlog to have grown more quickly. On the other hand, given that fewer asylum seekers are making it to the U.S., we might have expected the backlog to grow more slowly.
Finally, with regard to statistics, USCIS’s numbers indicate that 22,257 cases have been interviewed and are awaiting a decision. This seems like a lot to me, especially since Asylum Officers are interviewing fewer people because of the pandemic, and you’d think they’d have more time to finish cases that have already been interviewed.
Turning to the new rule itself, basically it means that when you go to an asylum interview, the government will provide you with a contract interpreter, who will attend the interview by phone. According to the new rule, “contract interpreters are carefully vetted and tested [and they] pass rigorous background checks as well as meet a high standard of competency.” In my experience, the contract interpreters are quite good, and I have never had a case where an interpreter caused a major problem. Prior to the new rule (and the coronavirus), applicants were required to bring their own interpreter, who assisted in person, while the contract interpreter monitored the interview by phone. Now, you are not allowed to bring your own interpreter, and you must use the telephonic interpreter.
Not all languages are covered by the new rule, but many are. USCIS contract interpreters are available for 47 languages. If your language is not on the list, you must bring your own interpreter.
If a contract interpreter is not available, the interview will be rescheduled and the delay will be attributed to USCIS for Employment Authorization Document (“EAD”) purposes (meaning that the Asylum Clock will not stop). On the flip side, if the applicant refuses to proceed with a USCIS contract interpreter, the Clock will stop, which will delay the EAD.
The new rule raises a few concerns. Probably the primary concern is whether asylum applicants will be comfortable with their interpreters. Will a woman who has been the victim of gender-based violence be comfortable if her interpreter is a man? I have heard anecdotally (and I believe it) that Asylum Officers are sensitive to this issue, and will check with the applicant before starting the interview. Also, if you prefer a male or female interpreter, you might ask in advance by emailing the Asylum Office before your interview. My sense is that the Asylum Office will do its best to accommodate such requests.
Another concern is that telephonic interpreters cannot as easily understand the applicant (or the Asylum Officer) and may not be able to convey emotion or nuance as well as they might if they were present in person. While I suspect that this is true, I think it is unlikely that missing such subtleties will make a difference in the outcome. Also, given the pandemic and the need for social distancing, it seems to me that we all need to make some adjustments.
All that said, how can you best work with a telephonic interpreter? Here are a few tips from a star interpreter, who has herself performed telephonic interpretations–
- Keep your voice loud and clear. While this is important when working with on-site interpreters, it is even more important over the phone.
- If you have a long statement, pause after a sentence or two so the interpreter can translate your words. After the interpreter is done, continue your response.
- Don’t shuffle papers as you speak; you might as well stop talking because the interpreter will not be able to hear you.
- Try not to talk over other people. The interpreter can only translate for one person at a time. Over the phone, it will be impossible for the interpreter to understand what is being said if people talk over each other. This could result in a statement by the applicant going unheard by the Asylum Officer–with potentially disastrous consequences.
- Wait for the interpreter to finish interpreting before making another statement or asking a question.
- If you don’t hear or can’t understand the interpreter, speak up!
All good advice to keep in mind at your interview.
Overall, my sense is that this new rule is reasonable and will hopefully allow more applicants to start attending interviews, while keeping everyone as safe as possible.
Tip o’ the fedora to Professor Lindsay M. Harris, Director of the Immigration & Human Rights Clinic at the University of the District of Columbia, and interpreter extraordinaire Maria Raquel McFadden, for their contributions to this article.
Hi jason , I have submitted my asylum application in 2015 and I did not get anything from them , no interview no nothing, is there anything that i can do to help me get an interview or have them look at my case?
Thank you
Hopefully, you at least got the receipt. If so, you can ask to expedite the case. I wrote about that on March 30, 2017. Take care, Jason
Hi there,
My EAD renewal has been submitted in May and it will expire first week of November. I’ve already received my receipt but the actual card has not. I’m very worried that my company might not understand the situation and it might lead to them terminating me from my job. Would you be so kind and give me any input regarding this issue and how to approach it if it came down to presenting the receipt?
I would much appreciate your response.
Cheers,
Sepand
The receipt itself indicates that the old card is extended for 180 days. Also, there may be an additional extension due to production delays for new EAD cards – see: https://www.uscis.gov/i-9-central/form-i-9-verification-during-ead-production-delays-due-to-covid-19. Hopefully that will help. Take care, Jason
Hi Jason,and hello to all of you.
I have individual hiring in December.2020. The work permit expires in April 2021. My question is this. Do I have to apply now for a work permit extension? Or I wait until after the trial in December 2020. We are 4 family members.
Is it worth waiting until after the trial.
Or if I make the payment now, is the payment 410 + 85 = 495
Thanks from Toli.
You can re-apply now for the work permits, but it is up to you. I am very superstitious and so if it were me, I would apply now. However, you might also want to wait to see the result of the trial, as it will save a lot of money if you win and can get the free EAD based on asylum granted. Also, you will have about 4 months after the trial, so if you lose, you should still have time to apply and not have a gap in your employment eligibility. Take care, Jason
Hi Jason,
I heard that USCIS has expanded premium processing to include EAD applications. Does this also include EADs based on pending asylum cases?
Best,
I have not heard that. It would be nice if they did that (or better yet, if they just did their job and processed the forms). As far as I know, premium processing is only available for certain employment-based cases like H1b and some of the EB immigration categories. I do not think it is available for EADs. Take care, Jason
Hello Jason,
I have a question, I have a Green card application with USCIS since August 2019 in TSC, now i want to apply for RTD can I just put the I-485 receipts on the RTD application? .
Thank you Jason
We have had mixed success with that. Sometimes USCIS has accepted the receipt instead of payment; other times they rejected it. If this is your first RTD, I believe they should accept it, but you will need to explain that clearly (and briefly) in a cover letter. Worst case: If you try that and they do not accept it, they should return everything to you and you can re-submit it with the fee. That should not cause more than a few weeks of delay. Take care, Jason
Thank you. We will do that..
Hello I am also a victim of the Texas service center , like many of you I have three years waiting for the green card . They only say case pending . I was given a tip by an insider at the agency they said that specific location is political ever since 2016 they are following the new administration agenda to deter legal immigration . They were instructed to delay cases as long as possible to make people leave or bother them . I suggest jason to make a post about this . This not only one but many People that complain about this . If not look up Texas service center and read the reviews on google . Everybody says the same, many year’s waiting for stupid green card . Let’s all contact our senators and demand our paper we paid for ………
Hello Jason, Our asylum case was rejected and my master hearing supposed to be January 3rd week.but my question is, my kid is in High school senior and getting very good college offers including Ivy league schools but we don’t know whether to proceed further since our case has referred to immigration court and don’t know what kind of status we can mention when we fill the college applications.Also, can asylum rejected people can study in the college while their cases are in removal proceedings.
Most colleges accept students who have a work permit, so he should be able to attend. In most cases, the people pay out of state tuition, but some schools allow in-state tuition for people with pending asylum cases. I think you will have to reach out to the schools to see what they say. Each school should have an international student office, and that might be a good place to starts. Take care, Jason
I agree that the TSC is a problem, but I think that pre-dates the Trump Administration. It does not hurt to contact your Congress people about this, but I suspect nothing will happen until after the election and things settle down, one way or the other. Take care, Jason
Hi Jason,
I filed my GC based on granted Asylum three months ago, i don’t wanna end up waiting for another three years taking into consideration the six years i waited for my asylum to be approved, do you suggest reaching out to our senator from now asking them to look at this delay at the TSC ? This is something needs to be looked at. Its not fair at all they way they are treating Asylee and have them waiting forever to adjust their status while NSC adjudicate same petitions much faster.
Regards,
Contact them now , you don’t want to be waiting years like me . It’s a nightmare.
Realistically, I do not think there is much chance of expediting. I wrote a piece about expediting with USCIS on January 29, 2020 – one option is to reach out to your Senator or Congressperson. Also, if you have a good reason to expedite, you can present evidence about that and sometimes it helps. I do agree that there needs to be a systematic fix, but I am not expecting that anytime soon. Take care, Jason
Dear Jason
I have questions
My friend applied for his green card based on asylum and received his GC within 4 months in Virginia back in 2016!
Now i hear different timeline and I already waited long time im asylee!
Next year im going to apply for GC in 10 months- based on asylum!
Give me a suggestion i live in Virginia which state should i move to get my GC faster.
Im abit worried already
You can check the processing times for the different service centers for an I-485 at http://www.uscis.gov. If one service center is faster, you can move to a state that uses that service center (you can see that on the Direct Mailing Addresses for the form I-485). However, I do not know that this will help, as USCIS moves cases around depending on work load, and just because you start a case at a particular service center does not necessarily mean that the case will remain there. I guess you can try, but I would not uproot my whole life and move for this reason alone, as it really may not help. On the other hand, maybe it will – I really do not know. Take care, Jason
I could have sworn that most GC applications based on asylum status are processed either at Texas Service Center (TSC) or Nebraska Service Center (NSC) (though there are a few exceptions). Changing your address does not have a big impact on where your I-485 application gets sent- at least that’s what I think. Your application is randomly sent to either centers. I know a lot of people who live at the same place/state/city… and their I-485 applications get sent to different service centers. I may be wrong.
You have to mail the I-485 to the service center with jurisdiction over your location, but where it is processed, I think is a bit random. USCIS seems to move cases around depending on workload. At least that is what I have seen. Take care, Jason
Jason, thanks for this response. I know that the service center that it’s mailed to is based on where you live and how you are sending it (USPS, FedEx, etc.). But, I am also certain you don’t have any control over which service center (the place where the application is actually processed) your I-485 ultimately ends up. As well, I-485 applications that are based on asylum status are almost always sent to either TSC or Nebraska Service Center. And it’s always done randomly. That is why I think it isn’t wise to change your address because you want your GC processed faster.
Maybe, but I have not seen that changing the address makes a difference in the processing time. Of course, it is hard to tell – did the case take 31 months instead of 28 months because the person moved? There is really no way to know given how variable the processing times are. Take care, Jason
Hi jason I’m similar like georgette with waiting for the green card at Texas Service Center . Sir is there a way you could contact AILA or some institutions and collectively ask them why, send letter . Hold accountable these persons ? I have three years waiting for asylum green card and they only tell me extended review pending. Please sir help us. Thank you
AILA has looked into it, and that has not helped, at least as far as I can tell. If you have waited that long, you might consider an inquiry with the USCIS Ombudsman – a link is at right. They can sometimes help with a delayed case. Also, you might consider a mandamus lawsuit. We wrote about that (in the asylum context) on October 2, 2018. Take care, Jason
Who is still waiting for a green card in Texas Service center ? This is a disgraceful center that is politicized and they take your money and take years to process and it is ridiculous , to print a green card in forever timeframe . Jason are you talking about this issue ? Because if you were not aware some people are getting faster decisions in Nebraska service center Versus the Texas one . They are holding cases . Please try to find more information on this . Something irregular is going on in Texas .
The TSC has been a horrible place for years. Periodically, the immigration lawyers’ association tries to look into it, but I have never seen any improvement and I am not really sure what can be done. Much of these problems are totally artificial – why can’t they just automatically issue a GC for asylees after one year? Why should EADs not last until the application is complete? The whole system could be made more efficient, but no one seems to have an interest in that, especially in this Administration. Take care, Jason
I agree. TSC is an awful processing center. And to think that they are raising the cost for most applications Just to see processing times go up, is just mind blowing. we are basically paying more for a poorer service. if there is any petition, or letters to congressmen you are putting together, please let me know. How can one service center be so Obviously politicized Is a shame.
Are you still waiting for GC there ?
It’s has been crazy out there in TSC. My case for GC has been pending for 2 and half years now. I tried to fill form of outside normal processing times, talk to Senator and call uscis customer service several times, but non of these has worked. Their customer service is horrible, they don’t care about your case and even they don’t give you any information, except keep telling you, “your case is still pending”. It’s really a mess!!
I understand your frustration. Mine has been pending there for 1 and a half year. And I never received a biometric appointment for that case. No further detail was provided after I called the customer service other than, your case is under review. Was your case outside normal processing time when you made the request? I remember at some point the normal processing time was 8-22 months. If it was and they still didn’t act on that, that is scary. Another unnecessary backlog designed to make life miserable for legal immigrants.
You might talk to a lawyer about a mandamus lawsuit. However, my recollection is that the processing time is between 1 and 3 years, and so you are still within the “normal” processing time. Why these cases take so long, I do not know, but it is a real disgrace. Take care, Jason
At this moment, you are right. It’s on
My apologies for my previous incomplete comment!
You are right @Jason! At the this moment my case is one month away, however I remember months ago it was outside normal processing times. They were working on Dec 2018 & then Sep 2018?? maybe they are either faking or making it. It’s really tough to see such a mess, but at least I should be thankful for am better than those who are still waiting for their asylum process. Let’s pray and see the Presidential Election outcome and hopefully expect the better.
Thank you @Jason!
I do expect that if Joe Biden wins, he will bring a more rational and less hostile approach to immigration, and that might help. Take care, Jason
Sam , if you don’t mind me asking what state did you apply from for green card ?
Dear Jason
Its been almost one n half month since i got my asylum approval- from Arlington office
But as an asylee im expecting to receive a new EAD but I haven’t received any yet so far!
Is there anyway to check the status of my A-5 EAD BECAUSE i have my asylum they did not sent me any confirmation whether they issues a new EAD based on Asylum or not.
Is there anyways to check ?
You can try emailing the asylum office – you can find their email if you follow the link at right called Asylum Office Locator. I think EADs based on asylum granted are just arriving more slowly these days. It is always difficult to know what is happening, since USCIS tells us so little. Take care, Jason
From Maryland, MD.
If I apply for EAD & RTD with the GC application, do they issue them (EAD & RTD) at the same time when they issue the GC? or they issue them earlier (meanwhile they process the GC application)?
USCIS issues a combined EAD/Advance Parole document for some people, but if you are applying an EAD and an RTD, those are two different documents and they are issued separately. Take care, Jason
What is the point for people by applying to i-765 along with i-485? GC is stronger than EAD, right? Anybody can use the GC for work verification purposes. So, why would we want to apply for i-765 during the i-485 process?
Just to have an EAD while they are waiting for the GC, which can take a long time. Take care, Jason
Hello Jason!
I really appreciate your help! You the most person helping me here in US after Jesus! – Thank you.
I have a question regarding my work permit, i am waiting my asylum interview, and my two years work permit going to be expired by April 2021, so when I should apply for renewal? I heard that I should apply 6 months before the expiration date! So please advice, because I don’t wanna lose my Current job ):
The earliest you can apply to renew is 180 days before the old card expires. Do not apply earlier than that or USCIS might reject the application. Also, you will have to check the fee and the form, since USCIS keeps changing the fee and updating the form, so make sure to use the most recent version of the form and pay the correct fee. Take care, Jason
What is the best practice in applying to LPR through affirmative asylum?
Should I file to EAD & RTD along with the i-485? Are the costs for these documents included within the i-485 or I have to pay separately?
I am asking this because I read this article in the Forbes discussing the proposed fee increase (which has been temporarily suspended by a judge). Forbes said:
“(AILA) noted in comments to the rule that applicants for adjustment of status would experience a significant increase because USCIS would now charge separate fees for three related forms: I-485, I-765 and I-131 (for a travel document)”
My question: why they said that USCIS will charge separate fees? In the old charging system, were the fees for all applications (I-485, I-765 and I-131) included in one charge and now are becoming separate?
Correct – previously, when you paid for the I-485, the other forms (I-131 and – depending on the case – I-765) were included for no extra cost. If the new fee schedule goes into effect, that would no longer be true, and you would have to pay for each form on its own. Take care, Jason
If you already have asylum, and you apply for the GC, you can also get an RTD for no extra cost. However, we have had mixed luck getting the EAD for no extra cost – USCIS sometimes has approved that and sometimes has requested the fee. Fees were suppose to have increased last week, but that was blocked by a court. If the fee increase goes into effect, you will have to pay separately for each application (I-485, I-765, I-131), which significantly increases the price if you need all three. Take care, Jason
Hi Jason, My asylum was approved about a year ago and I am applying for green card in few weeks. I heard that USCIS do not have the material to produce the physical green card but they are making decision faster. Is this true? Also, Is USCIS doing interviews for Asylum based green cards?
They are interviewing some principal asylees for GC cases and most (maybe all) dependents. In terms of the time frame, it is slow – I think the listed processing time at http://www.uscis.gov is 1 to 3 years, but we are seeing most cases take 1.5 to 2 years. It does seem like USCIS is able to produce the cards, and we have not see delays with that for cases decided in the last few weeks. Take care, Jason
Hi Jason,
Speaking of GC interviews for adulées in this case, how is it conducted? Do you have to take fingerprints and go through the whole process of proving your eligibility for asylum?
It is not a re-interview for the asylum case, though they can ask about the case, so you should review your case before any interview (including the citizenship interview). Typically, they just go over the form and all the yes/no questions on the form, and if there are any issues (criminal or immigration problems, for example), they can ask about those. My understanding is that they are mostly re-using fingerprints that were taken previously, but I suppose they could require a new fingerprint appointment. Take care, Jason
Hi Jason,
Thank you for your help. Is there a way for asylees to waive the fees for adjustment of status and RTD ?
Thanks
For adjustment, they can try, using form I-912, available at http://www.uscis.gov. I am not sure whether you can waive the fees for the RTD, but the I-912 instructions should tell you. Take care, Jason
hello Jason , two questions here.
1) I submitted my application for AOS via approved asylum 4 months ago. There was one job where I moonlighted for 3 shifts that I forgot to include in my jobs section. Should I send something to USCIS to update this ?
2) RE USCIS service centers processing GC application for approved asylum.. DO all the 5 USCIC service centers process this application for asylees? Or is it just Texas and Nebraska? I am considering moving to Florida from the Midwest and I wonder if my case will be transferred automatically when I change my address and if that si the case which office are Florida 1 485/vi approved asylum are processed at? .
Than k you
1 – There is no harm in sending them a letter listing the job and explaining that you previously forgot to mention it. Save a copy of everything you send them, so you will have it if you are ever asked about this (for example, if you file for citizenship and list that job, you will have proof that you told USCIS about it during the I-485 process). 2 – I do not know about this. USCIS moves around cases depending on its workload, so where exactly the case will be processed, and whether they will move it somewhere else if you move, I do not know. Take care, Jason
Hello, Jason
We can’t thank you enough for your thoughtfulness and unlimited help.
What do you think is the potential risk traveling to a third country with a valid travel document? People around me including my lawyer doesn’t encourage me to do it in this crazy Covid and election time. Is it really worth to be worried and to cancel my trip plan once after I get my travel document?
Thanks in advance!
If you are referring to a Refugee Travel Document, one commentator here had trouble returning from Europe (Italy, I think) because of coronavirus travel restrictions. So you should check those before you leave. But otherwise, as long as the RTD is valid, you should be able to return to the US. Take care, Jason
Does any one get EAD renewal recently ? It has been more than 5 month since I have applied. My status is case received. It may be since I did change my address 2019 from Virginia to San Francisco. I would like to know still they are processing renewal?
Thank you.
I applied for EAD renewal on May 1st at Potomac center and have also been waiting it. They cashed my check within a week and then nothing after that.
Make sure you changed your address for both the asylum case and the pending I-765 using form AR-11, available at http://www.uscis.gov. Otherwise, we have been seeing renewals take up to 7 months (and maybe even long than that), so hopefully, you will receive it soon. Take care, Jason
Thank you and I did the address change April 2019 for my asylum application but the change was applied on June 2020. In the middle April 2020 I have applied EAD using my new address however the extension mail comes from Potomac service center which means they use the old address from Virginia . I have updated the pending 765 address today. Do you think I have to call customer service to inform this? I am worried if this address change may affect the renewal process if they think I have changed the asylum application address today.
Thank you.
If the address change worked (and you got confirmation), you should not need to call. On the other hand, there is no harm in calling, just to be certain. The number is 800-375-5283. Take care, Jason
I applied for renewal (a5 category) in early June at NSC, and received the card a few days ago.
Yes i got in 2 and half month
I sent mine last June. I got the receipt but not the newer card yet.
Hi,
I am an asylum seeker in Virginia. My two sisters applied for asylum at the same time as me but they were living in Chicago at that time. They got their approval last year. My question is I have a different case with them and is there any way to speed up my case because of my sister’s case.
You can try to expedite your case – I wrote about that on March 30, 2017. You should include evidence that their cases were approved (if they will allow you), as evidence of a sibling’s approval can you help win your own case. Take care, Jason
hello sir
1. I had an individual hearing this month but got postponed next year Oct 2021
we request for an expedited motion to advance individual hearing in SF immigration court due to Sevier health
condition
how long does it usually take for the decision on a motion to advance request?
2 . I also have an i730 petition pending with uscis in Nebraska service center 10 months already passed
I checked the processing time it says 11 to 14 months. how accurate it is ?
thanks so much
1 – This is a common problem and it has happened to many of my cases. It will not be easy to get a sooner date, given that courts are not operating at full capacity due to the pandemic. You can try, and hopefully, you will have some luck. In terms of the time frame, it really depends on the judge – there is no way to predict. Sometimes, it is fast. Other times, the judge never responds. Your lawyer can call the judge’s clerk to check the status of the motion, but this is not always easy either. 2 – If the I-730 is pending for you, wouldn’t you be better off not making the case go fast? If the I-730 is approved, you will have asylum and then you can just close the court case. I guess you should discuss with your lawyer. In terms of the I-730 time frame, we have seen it go slower than 10 months, but my pending I-730 cases are for people overseas. I did a post about trying to expedite cases with USCIS on January 29, 2020 – maybe that would help. Also, I did a post in December 2019 with a link to an I-730 manual, and that may have ideas for expediting the I-730. Take care, Jason
thanks for the reply jason
I and my husband really wanted to expedite petition i730. we expedited through congresswomen last month. we got this reply
From a current review of USCIS records, we are informed that this case is pending assignment to an adjudications officer at the Nebraska Service Center (NSC).
I have a severe PTSD health condition and also struggling financially our current lawyer handling both the cases, immigration court and i730 one so I am planning to have another lawyer just for our i730 pettion so we can have this pettion expidited
is their any suggestion ?
thanks jason
It is not so easy to expedite an I-730 or anything else, but it sounds like the I-730 is moving along. Also, it sounds like you should get your status in the US based on the I-730, and so at least you can relax about that. If you do use two different lawyers, it is important that you inform both lawyers about what you are doing so there is no confusion. Take care, Jason
Jason how are you? USCIS website removed the asylum clock. When you check the status of the case, it does not show a number of days passed since filing. Do you have any thoughts about this?
I did not see any announcement from USCIS, but that is not surprising. It may be related to the change in rules about the clock and the time frame for asylum seekers to apply for an EAD. I wrote about this last week, and maybe the litigation involving EADs also played a factor. Hopefully, once these issues are sorted out, they will resume posting info about the clock. We shall see. Take care, Jason
Hi Everyone,
Anyone has knowledge what is happening in Miami office? Any interviews from 2015-2016 timeframe? I am in the process of EB-3 application and ready to apply for adjustment of status, but due to Trump administration, starting Oct 2019 they are not allowing (not officially) adjustment within the US and you have to travel in the third country for the interview, it might change if Biden wins, but the whole election process will be interesting and the immigration issue is at stake for all of us if Trump takes the office again. Jason, how risky it is to got to the third country for the employment based GC interview?
I do not know of any change in this regard from the Trump Administration. I wrote about this issue in a series of blog posts in August and September 2018. I also mention there a section of the law called INA 245(k), which might be worth looking at, though I know of no examples where it was used (to adjust status under circumstances similar to yours). I do think things will continue to go downhill if Trump is re-election. Take care, Jason
Hi Jason,
Hope you are safe and well, I applied for both my I-485 and I-765 three months ago in Texas service center based on a granted asylum, and I filed my I-765 for free using category A05, and yesterday they mailed me the new EAD but unfortunately it came with one year validation, based on all the facts and the expected furlough I’m not expecting my GC before one year, so do you know if I can renew my EAD again while my GC is pending for free as I did the first time ?
thanks,
We have had mixed results with that. We have had it accepted in the past, but we also have at least one example where USCIS required the fee. The soonest you can file to renew is 180 days before the card expires, and so I guess you can it then without the fee, and if that does not work, you can pay the fee. There is a lot of nonsense going on now with EADs, and maybe in 6 months, the situation will be more clear. Take care, Jason
Hello Jason & fellow members, hope you all are in great health.
At the time I was granted Asylee status, I was 25 yrs old. I turned 26yrs old (jan 2020) 7 months after.
It wasn’t until after I turned 26 I found out what ‘Selective service’ was, & how it applies to immigrants and/or Asylee. So because of that I did not register for selective service when I was granted as it also states in the Approval letter but I was just overwhelmed & stupid at the same time to think the word “selective”, meant, “sign up for the military if I want to” as if the choice was mine.
I recently filed my I-485 adjustment after a year from Aproval date, case was recieved & has been pending. Can you advise on whether that mistake will have a negative impact on my pending application?
If so, is there any available waivers I could submit to USCIS or am I still able to register now with such waiver? & also, if you don’t mind, what are the chances of this being likely to be approved without or with a waiver (if any).
Looking out for your advice.
Thanks again Jason.
I think it will have no effect on the I-485. You might check the Selective Service website to see whether asylees are required to register. I think not, but I do not remember. We do encounter cases where the person is filing for US citizenship, and there is a question on that form about whether the person registered for SS. When people fail to register, we write a letter explaining what happens, and that usually solves the problem. In your case, though, I think you did not have to register. I could be wrong, so double check the website. Take care, Jason
Thanks Jason. On the Aproval it does state that “All male Asylee between the ages of 18 and 26 must register for selective services”. I turned 26 in January. Nevertheless I will check the website to see if there are any exceptions.. if there is no way to register now just wait until I am submitting a N400 to explain in a letter?
Thanks – I had not remember that (though I see that I actually wrote about that issue in an old blog post; obviously I am going senile). Anyway, try contact Selective Service to see if there is anything to be done. Keep a record of all communications, as you will need that when you apply to naturalize. There is no question about SS on the I-485, and so there is nothing to be done in that regard, but if you are unable to register, you will need to write a letter of explanation when you file the N-400 (to get citizenship) and it will be helpful to have a record of your efforts to register, should you need that. Take care, Jason
Thanks million Jason. I really started to worry about my i-485 application.. do you mind sharing the date you did that blog about the ‘selective service registration’? I’d love to take a read. And also, are you going to be doing a article about TPS coming to a “seemingly actual” end? That’s maybe hundreds of thousands of people losing their status & will likely me placed in removal proceedings?? Is there any sort of hope for those type of immigrants? It’s so sad.
It was June 29, 2018. It was just a discussion of the benefits and responsibilities of winning asylum. I don’t have plans for an article about TPS, but I have written about what DACA people can do if that program ends (December 1, 2016) and it is basically the same scenario. Take care, Jason
Hello Jason, I am applying for EAD renewal. Previously, I paid $410 . But now USCIS requires $85 for biometrics along with $410. When should I do the biometrics? Is it before sending the EAD renewal application to USCIS or after sending the application? Could you please provide some information on the process?
Thank you.
Send them a check for $495 .
You can memo EAD renewal and biometric fee. I sent mine recently, and that was what I did.
It’s up to USCIS if they want another biometric or use the one they already have.
I am hearing they use the old one, but the fee has to be paid alongside the renewal fee.
I am just responding from my experience.
Please wait for Jason’s response.
You send them a check for $495 (fee + biometrics) and they will take care of the rest. Whether you will actually get scheduled for biometrics or whether they will re-use your old biometrics, I do not know. Either way, you get to pay for it. Keep in mind that fees may go up soon – that was blocked by a lawsuit, but could change. Take care, Jason
Hi Jason,
Have your office had any interviews since the lockdown in March, 2020? Were they from those waiting less than 21 days or from the backlogged pool?
Only one of my clients has been interviewed since March. It was a 2016 case and we did not try to expedite. Why they picker her out of the blue, I do not know, but apparently they randomly interviewed at least a few other 2016 cases. My law partner also had a few interviews. As far as I know, they were all cases with one year bar issues. None of our LIFO cases were interviewed (so far). All this info is for Arlington. Take care, Jason