Next week is the election (in case you haven’t heard) and hopefully soon after, we will have a result. Whether the victor is Joe Biden or Donald Trump, immigration advocates have their work cut out for them.
If Mr. Trump wins a second term, it won’t be because he won the popular vote. It’s clear that more Americans will vote for his opponent (as they did in 2016). However, our system awards electoral votes by state, and states with lower populations–which tend to be more conservative–receive disproportionate representation. Perhaps there is some wisdom to this system, which disfavors change, since change is difficult and divisive, especially for those who already have power. Or maybe we would be better off with a system that is more responsive to the will of a simple majority. I am really not sure. In any event, as the President says, it is what it is.
So in terms of immigration, how would a second term look for President Trump? Since early 2017, the Trump Administration has been using its rule-making authority to restrict immigration in a variety of ways. This effort swung into high gear with the advent of the pandemic, and over the past eight months we’ve seen a barrage of changes, many of which make life more difficult for asylum seekers and immigrants. One thing we have not seen from President Trump is an effort to change the law, even when the Republicans controlled both Houses of Congress (and remember, to change the law, Congress needs to pass a bill and the President has to sign it). Because the law has not changed, President Trump has had to work within the existing law to make regulatory and policy changes. When those changes have gone beyond the bounds of the law, courts have blocked them.
Assuming President Trump wins re-election and Republicans do not control both chambers of Congress (and it is very doubtful that Republicans will take the House), it is unlikely that we would see any positive immigration reform. Mr. Trump has periodically made noise about helping the Dreamers (people brought to the U.S. as children who do not have lawful permanent status here), and so perhaps we could see some bipartisan legislation to regularize their status. Also, there are some other possible areas of cooperation on immigration (temporary seasonal workers and Christian refugees, for example), but those are quite limited.
More 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 more difficult and expensive to obtain legal status in the U.S., regulatory changes that restrict eligibility for asylum and immigration, increased enforcement by ICE, punitive strategies to deter and harm asylum seekers at the border, etc. During the President’s first term, some (but not all) of his worst attacks were mitigated by the courts–mostly the lower courts, as the Supreme Court was more deferential to the President’s authority. Now, with the confirmation of a new conservative Justice on the Supreme Court, a second Trump Administration may be even less constrained in how it (mis)treats immigrants. All this will make it more difficult for non-citizens to receive the due process and the immigration benefits to which they are entitled under law, and the protection that many need to simply survive.
Finally, and it is no small matter, if Mr. Trump is returned to office, we can expect more lies about who immigrants and asylum seekers are, and about what they do when they get here. Demonizing non-citizens, minorities, and Muslims is an essential part of President Trump’s strategy and very unfortunately, his narrative has resonated with a significant portion of the electorate. Aside from fighting the Trump Administration’s policies in court, we also have to work to undermine the false narrative that he has been pushing.
In short, I expect that if President Trump is re-elected, we will see most of his restrictive policy changes pass judicial muster and his hateful and false rhetoric continue. All this will make for a difficult and painful situation for non-citizens and many others in our country.
If Joe Biden is elected, there is little doubt that the fate of asylum seekers and immigrants will be better: We can expect an end to the attacks on due process and rule of law, and to the bombardment of lies that we have come to expect about non-citizens. Mr. Biden has promised a number of positive changes, not least of which is to roll back many of President Trump’s abusive policies. Nevertheless, even under a Biden Administration, there will be much work to do.
For one thing, while Democrats will likely hold the House, it is quite likely that they will not control the Senate, meaning that any new legislation will have to be bipartisan. On its face, this should be a good thing–the broader the consensus on a new law, the better. However, if a Republican Senate behaves as it did during the Obama Administration, we can look forward to prolonged gridlock on immigration reform (and everything else). Even in a Democratic Senate, it may not be easy to pass comprehensive immigration reform, which has eluded us for decades. Advocates will have to push for legislation with our representatives and with the public.
In addition, it’s clear that more work needs to be done to educate the public about asylum seekers and immigrants. Though advocacy groups do significant outreach, the message hasn’t landed with many people. Advocates need to think more about how to communicate effectively with those who oppose immigration–how to reach them and how to engage with them.
For me, the choice on November 3rd is obvious. Joe Biden isn’t perfect, but he will restore due process and the rule of law to our immigration system. He will also be more honest about asylum seekers and immigrants. In addition, if he charts a moderate and common-sense course on immigration (and other issues), he might help diffuse some of the divisiveness that has grown to dangerous levels in our country. I hope that Mr. Biden is successful and that we see Democrats in charge of both Houses of Congress. But win or lose, immigration advocates will have work to do.
Hi Jason,
I submitted the I-485 last month and received the receipt notice. Can I submit Form I-693 with the receipt notice to the service center from where the receipt notice was sent? I know USCIS sends RFE for it later. But is it okay to send that before receiving the RFE?
Thanks.
I do not know what is the advantage to doing that. They may lose it, and they will ask for it when they need it. I think you are better off to wait for USCIS to request it. I suppose nothing stops you from sending it in now, but I guess I do not see how that would help you. Take care, Jason
Hi Jason,
I’m sending an application for the green card, and someone told me that I can put form i-131 with it and apply for the travel document for free.
I just want to check if this is true.
Thank you in advance!
J
It depends on the basis for the GC. If it is based on asylum status, we used to do that, but then had the I-131 rejected. As far as I can tell, this sometimes works and sometimes does not work, and so you can try and hopefully it will work. If the GC is based on marriage to a US citizen or other petitions (I-130 or I-140), you should be able to get the I-131 at no extra cost. Take care, Jason
Hello Jason!
Thank you for being kind and sharing your advice!
I applied for Asylum 05-2017 and I got the decision 07-2017. I applied for GC 08-2018. I am still waiting to received my GC. I know the things are getting worse nowadays, do you have any idea how long does it take to receive the GC during pandemic? My lawyer said 6-9 months 2 years ago. Now I am waiting like 15 months.
Next question: My EAD and Travel document – expired, do you think I need to renew them? They have application fee and do you think that I can waive that amount somehow?
Thank you for your answer.
Which STATE did you apply from El ? That makes a difference
Virginia
It sounds to me like you are waiting more than 26 months. Unfortunately, that is now within the “normal” processing time (I think – you can check the processing time at http://www.uscis.gov). If it is outside the processing time, call USCIS to tell them: 800-375-5283 and see if they can help. In your lawyer’s defense, the processing times were much faster and have slowed down quite a bit (to say the least). I do not know exactly the time frame for when that happened, but things were better in 2018. For the EAD, whether you renew is up to you. As an asylee, you are legally allowed to work, but it is difficult to prove that to employers and the DMV without the card. For the RTD, if you want to travel and return, you should renew that. Even if you get the GC, it is a good idea to use the RTD to travel, if possible. You can try to use the old I-485 receipt to “pay” for the EAD and RTD. Sometimes USCIS seems to accept that; other times no, but I guess if you try, the worst case is they reject it and send it back, and then you can re-send with payment. Take care, Jason
Same time frame, i got my gc on december 2018. I was so surprised when i got the text massage saying its on the way
Hi Jason,
Did you know if Master Hearing is being done in any courts? Are the courts postponing the master hearing dates due to the pandemic? Also are we required to attend in person or is it telephonic?
In my local courts (VA and MD), it seems all non-detained Master Hearing are being postponed. In Baltimore, the clerk told me today that all MCHs are postponed until November 20. I do not know about the rest of the courts, and unfortunately, they are not providing updates (which is weird, given that they have a web page devoted to COVID updates). To be sure, call the court and ask the clerk. You can find the phone number if you follow the link at right called Immigration Court. Take care, Jason
Hi Jason! Thanks for your great service!!
I need to apply for Asylum. Wondering Howz the current situation at San Francisco?
Are interviews are happening per LIFO?
Can you please provide approx timeline for: When Applied, Interview, Master & then Individual hearing….
Regards!
I do not have specific info about SF, but all offices are using LIFO and all offices are slow, so most LIFO cases are probably not being interviewed. If you land in the backlog, which is likely, no one can predict how long the wait will be. That said, SF is probably the best asylum office in terms of grant rates, and one of the best in terms of wait times and willingness to expedite a case. Master and Individual Hearings are for court cases, and do not apply to the asylum office, but if you are in court, wait times vary widely depending on your judge. Most cases take about 2 years all together, but many are much longer. Take care, Jason
Thanks Jason!!
I heard that currently all offices giving priority to cancelled interviews due to Covid even before LIFO. Current system, Is it like, currently First cancelled interviews & then LIFO? How much time (estimate) currently do you think to get interview if applied in month of December?
Supposedly, canceled or postponed interviews have first priority and LIFO cases come after that. But that is not really what I have been seeing. I think one issue is that newly filed cases were not getting fingerprint appointments, and so they could not be interviewed. The only interviews we have had recently (and we’ve had maybe 3 or 4 in the last month and have a couple scheduled next week) were randomly selected cases from the backlog (mostly 2016). These were all in the Virginia office. As for time frames, I think no one has any idea. You can still try to expedite – I wrote about that on March 30, 2017 – and maybe that will help. Take care, Jason
Thanks Jason!
If somebody here for over 10 years; he can file COR. and Lets say after asylum denial he get referred to court. Should he file COR at that time(first filing w/ court) or should wait first court’s decision on Asylum, and if not positive then go for COR?
Aside from 10 years in the US, you also need a US citizen or GC spouse, parent or child who will suffer extreme hardship to qualify for COR + good moral character. If you meet the requirements, you normally need to file all applications for relief with the judge at the Master Hearing or at least prior to the Individual Hearing. You normally cannot litigate the asylum case, see what happens, and if it fails, file for COR. You can ask the judge if he will allow you to do that, but very few judges would allow that, and so you should be prepared to file all applications for relief if you are referred to court. Take care, Jason
Hello, I would like to ask you if a pending asylum applicant with a pending decision can expedite a decision after he is diagnosed with cancer .
Thank you
You can try – it is the same as trying to expedite an interview, but about the decision. I wrote about that on March 30, 2017. Maybe submit a letter from the doctor explaining that he has cancer and that the delay is making his health worse, and then ask them to expedite the decision. Good luck, Jason
Hi Jason,
I’m getting ready to file the I485 based on approved asylum. In regards to mental health Inadmissibility, I’m diagnosed with PTSD, bipolar disorder & depression, mostly because of my history of prosecution! I have no history of violence whatsoever! I take medication for it all! I have read that these diagnoses put you in a bad situation infront of immigration as it is considered savere & have a higher chance of harm to yourself or other(which is not the case with me at all)
1-Does that affect my application?
2-When conducting the medical exam, would i be asked about it?
3-Should I bring documentation, if so, what kind of documentation should i bring?
4-Finally, would that delay my application or prompt an interview?
I tried to answer these, but it is not something I know a great deal about, so you may want to talk to a lawyer about specifics to be sure. My feeling is that you have nothing to worry about and none of my clients with these types of issues has ever had a problem adjusting status. 1 – I do not know why it would. 2 – I do not think so. You can check form I-693 (available at http://www.uscis.gov) to see all the questions. 3 – Talk to the doctor’s office about that before you go to the exam. In terms of any I-485 interview with USCIS (if you have one – not everyone does), I would bring the documents from your medical provider – maybe you can get a letter stating that you have some health issues but are receiving treatment. 4 – I do not know think so. Take care, Jason
Hello Jason,
I’ve been scheduled for another interview after 2years pending, I was told it’s a follow interview, Is there any advice from me on what to take with mme because it’s based on fgm of my daughter, or anyone with advice .
Thank you so much for your advise to the Asylum community.
Bring everything you brought to the first interview. It could be something small (like they forgot to ask a few questions) or maybe they want to re-do the whole interview (for example, if the officer who interviewed you left and did not leave good notes). You should prepare like you did for the first interview and try to remember what they asked last time, so you can testify consistently with the first interview. A second interview is not all that uncommon, and hopefully, you will get a positive decision soon on the case. Good luck, Jason
Tell every American Citizen you know in your state to VOTE BLUE , VOTE BLUE tomorrow ! EVERYONES LIVES AT STAKE . VOTE
Vote Blue! Let’s hope for the best. Take care, Jason
Hi dear Jason. thank you so much for all your help.
I have a question that is a bit tricky: Under the INA, you can apply for accelerated naturalization after a year of joining the military in peacetime or immediately after joining in hostility time. Do you know if green card holders based on asylum can be eligible for that? Thank you.
I do not know, but I imagine if you work with a military recruiter, that person will know. You might collect the info from a recruiter and have an immigration lawyer review it, to be sure that you are eligible based on the specifics of your situation. Take care, Jason
Hi Jason,
I’m about to file my l-485 but I have one concern. I applied for asylum in 2017 and got interviewed and was granted in 2019. While I was awaiting my asylum interview in 2017, I used my SSC to work (I obtained
my SSC through the J1program in 2015 & 2016). On the l-485 form, it is asking if I ever worked without authorization. Of course the answer would be yes because I do not intend to lie. My question is: as an asylee, am I exempted from any restrictions because I worked without the authorization? Do I submit my application with a cover letter explaining why I had to work? Do I just say yes and move on? Since then, I’ve worked and paid all my taxes (even for that one year when I was a pending applicant). On my asylum application, I did declare that I was working and also told them where.
My lawyer put on my application that I did work before my asylum was granted. I am also wondering if its why my application is taking so long to be processed. I’ve yet to get any letter regarding biometrics and I submitted months ago. I also did pay up the taxes for that year and I’m in the process of finishing up my 2019 taxes installments.
Anyway, I had no choice, you are basically between a rock on a hard place. Its the money I earned from the same online job I was doing in my home country. I had to pay rent (having a stable address is very important when you are going through a process like this); I need to buy food, pay for medical expenses (I remember the same January I got a bad strep throat and had to go to an urgent care clinic – with no health insurance, that was $250 out of pocket. On top of it, I had to pay this very important individual called a lawyer, they are not free and they don’t come cheap.
Also, those bus rides to go to appointments. So, yeah, I had to work and still paid those darn taxes on top of it. In fact, its first thing I did after I got my SS, not to mention the late fees.
I think you should say yes and provide a brief explanation (in a cover letter or on the supplement page at the end of the form). Essentially, the unauthorized work has no effect on your asylum status. However, it could affect your GC application. If you tell USCIS (which you must), they will probably do nothing and approve the case. But they could require a “waiver,” which is a request for forgiveness for the sin of working illegally. For asylees, there is a waiver under a law called INA 209(c), which is free and very easy to get, and so if USCIS says you need it, you should be approved when you apply. Probably, they will not ask, as it is a minor issue, but it is best to clean that up now by admitting it than to risk trouble later on. Take care, Jason
Liam,
Here what I think.
You said you worked without authorization. But you said you used your SSC. Under normal condition, if you had J1 and received your SSN through that J1, your card should say “not valid without work authorization” on it. Which makes it impossible for any company to hire you as a legal employee. How did you use the card? How the company accepted that card. They have to have a verification process and report you to the Labor Department. If your card was accepted and no problem occurred on the verification process o then you can say your employment was legal.right?
Hi Jason,
I have a question related to renewing my EAD, hoping for your help.
I’m trying to fill I-765 form to renew my EAD card. The instructions I downloaded from the USCIS website mentions that “All applicants for initial and renewal EADs under the (c)(8) eligibility category must submit biometrics at a scheduled biometric services appointment and pay the biometric services fee”
Does that mean I have to schedule an appointment for fingerprints to renew my EAD card?
Thank you so much for your help.
Alex, Jason will respond soon.
It means that you should fill out the I-765 application correctly and submit the appropriate fees- the application fee and the biometric fees (please note that you should submit the correct biometrics and application fees at the same time). Once you’ve done that, USCIS will send you a notice of action (I-797C), which will tell you what to do next. They may ask you to appear to the nearest USCIS location to take your biometrics. The I-797 will have all the information- date, time, location, etc.- that you will need for the biometrics appointment. You need NOT schedule any appointment.
It means you have to pay for the biometric fee. Whether you will actually be scheduled for biometrics, I do not know – most of my clients who renew the EAD are not having biometric appointments. Also, you may be able to avoid the biometric fee if you are a member of one of two organizations. I wrote about that on September 23, 2020, but to find out, I think you will have to follow the links to the organizations and see what they say about renewals. Take care, Jason
It is only in the United States that a person who has waited years for asylum to be approved then has to wait a year to apply for residence and then wait another four years . Jason clearly the system is broken, do you think anyone could change these absurd laws ?
We could change them. At this point, though, I would be relieved if we (our current leadership) would end its vicious attacks on asylum seekers and immigrants. Unfortunately, it is difficult to be optimistic, but we will hope for the best. Take care, Jason
hi Jason
I got approved on i730 . had an interview here in California we both live here as well
so my question is
1 i am in the immigration court waiting for my individual hearing. my case is pretty strong as well is their any way we can request a short hearing for a green card?
2. I do not wanna ask for the case termination or are there any other options?
thanks so much, jason
1 – If you got approved for an I-730, that gives you asylum status as a dependent. If you meant an I-130 (based on marriage to a US citizen, for example), you can try to advance the court date and get your GC through the court. Different judges have different policies on this. It will be much easier with a lawyer, but either way, you can try. 2 – The judge can give you a GC in court (assuming you meant an I-130), but you have to see what the judge is willing to do. Sometimes, it is easier to terminate the case and apply for the GC with USCIS. Take care, Jason
hi Jason
it’s for the i730 petition approved
what are the options while I am in immigration court waiting for individual hearing
If the I-730 is approved, you should have your asylee status. You should be able to inform the court and close the case, since you are already an asylee. Of course, I do not know your case and there may be complicating factors – talk to a lawyer, but it sounds to me like you should have an easy path forward. Take care, Jason
Hello Jason,
I hope you are doing good and staying healthy.
I have arrived to US on September 2016, and applied for asylum case on November that following year. I am waiting for an interview since 2016 but still my case is pending. Would you able tell, are the Asylum offices started to give interview to people or not ? is there any hope for people who have applied many years ago like 4 years ago to get interview soon.If you have any information regarding this concerns would you please share with us. In addition, one of my friends got an interview in the begging of the outbreak, but unfortunately she received a letter one week later about cancellation of her schedule and she also did not heard any thing so far.
Also I want to ask you do you know is it true the asylum offices give the schedule people who are family rather than individuals? Are different cases would affected for getting interview sooner ?
Thank you so much for your perfect and valuable page .
Best.
Hello Jason,
We had the individual hearing on december and we just found out that our hearing was rescheduled in 2022, we had applied on 2015, got our interview 2018, and in 2019 had our individual hearing assigned for december 2020. I’m planning to do a motion with my lawyer, I am disability due to a tumor removal surgery I had here in 2016, I’m recognized by the state of california as disability, and other underlying condition, my question is if they accept the motion how fast and close can they give us a date and do you think they might gives us the same date we had in december 2020 or same month, will my medical papers and condition help with that?
The medical evidence may help you get an earlier date – I wrote about this on April 20, 2017. However, there is no way to know if it will work or when they will schedule the case. Each judge controls their own schedule, and so it depends on the judge and whether he/she has any availability. Also, given that courts are not at full capacity due to coronavirus, now is not an easy time to expedite. Nevertheless, you can try. Good luck, Jason
In our local asylum office (Virginia), they are now scheduling interviews for cases filed in 2016. They seem to be doing it somewhat randomly and only giving 2 weeks notice. So you may want to be sure that you have all your evidence and are ready to go, just in case. Also, you can try to expedite your case – I wrote about that on March 30, 2017. I do not know about other offices, and we have not received interviews in other offices yet, but the majority of my cases are in Virginia. As for your friend, rescheduled interviews are supposed to be the first priority at all offices, and so I think she should email the asylum office to ask about rescheduling – you can find their email if you follow the link at right called Asylum Office Locator. In terms of who gets scheduled, my understanding is that they tell their computer that they have 10 interview slots on a given day, and the computer randomly chooses 10 cases. It has nothing to do with the case, the country or whether it is a family or an individual. Again, this is what the Virginia office told us, but my guess is that it is the same elsewhere. Take care, Jason
Dear Jason, Happy November, I would like to only mention the random computer selecting in process system. How does it sound like if someone is waiting for interview for 6 years and computer skip over that person and choose somebody else randomly. Can they start choosing randomly from the oldest year they got and chooses the case accordingly or start from the case which acceded enough time limit according to uscis policy and start interviews from there? Do you think the staff working in uscis system are unaware of this fact and not see what they are doing? wasting intentionally someone life’s many years and drink coffee peacefully in their office cabin is great? I guess they are real “COWARDS” not to speak about that fact or do least thing about it practically. I think it’s about integrity of the country and people doing this intentionally should be charge with crime. Someday they need to explain what they did intentionally. It is horrible and people doing this willingly should be ashamed of their mothers womb.
Sorry if I Cross the limits but I’m just outspoken person.
The random computer thing is for LIFO cases, meaning newly filed cases, which are supposedly the priority. Lately, at least among my clients, LIFO interviews have not been happening because USCIS cannot do the biometrics quickly enough. In normal times, I think there is a 45-day window (or something like that) during which a case can be randomly selected for an interview slow. If the case becomes too old without being selected, it falls into the backlog, which is handled differently (they told us that backlog cases would be interviewed from newest to oldest, but at least in Virginia, it was the opposite). The newly selected cases have been pulled from the backlog. Why these cases were chosen, I do not know, but it creates real chaos where a case sits dormant for years and then suddenly is scheduled for an interview in less than two weeks. Anyway, this is what I have been seeing lately. Take care, Jason
Hi Jason & Other Friends,
I am hoping to get some clarification regarding a specific matter. My asylum case is still pending for last 5 years and I am about to get a job offer for a senior executive position with a top tech company in San Francisco bay area. I started with a junior executive position 4 years ago and gradually progressed in my career while waiting for my asylum interview which has still not been scheduled for last 5 years.
My issue is that 5 years ago when I joined my first job, I used my EAD as the work authorization and my employer did not ask me any further questions regarding my current visa status or immigration status. Even though towards the end of my current job my employer did realize that my immigration status was pending asylum but they did not bother me much in this regard except once the H.R Manager just asked me how much longer my case would take and I told her that I had no idea and it may take a few more years.
Now after 5 years I have received a job offer for senior a executive position in the silicon valley with a top tech company. The company has extended a verbal offer and will extend a final official offer next week. I am afraid that the company might rescind their job offer or create problems this time if they determine that my immigration status is still pending asylum (category C8). Technically speaking I should have had my interview by now since i applied at the start of 2016 but i am still waiting.
Jason and other friends on this platform,
Can you please share your experience and guidance in this regard. I intend to tell my employer that I have a valid EAD but I am afraid to share with them regarding my asylum case out of fear that they may cancel the job offer.
Other friends on this platform who might have experience in this regard, kindly share your valuable advice. I intend to tell my new employer that I have approved EAD and I have a family sponsored immigration case pending instead of saying Asylum pending.
Thank you very much. Your advice will be most valuable.
If the senior executive position doesn’t require a security clearance that only the U.S. citizens can be eligible for those positions, and also it doesn’t require you to travel frequently to other countries, you should be fine by just telling them you can take the new role as you a valid EAD. You don’t have to tell details how you have been legally residing in the United States, which most employers don’t normally ask. I don’t advise you telling them you are having a family sponsored immigration case. They can simply find this by seeing your EAD and driving license. I wish you best of luck!
Thank you AS. That’s good advice. The position does not require a security clearance and I don’t think that there will be any international travel required initially. In my last job I was asked to travel once to Taiwan for a project, I told my boss that I had a single entry visa so I can not leave the U.S so they sent somebody else in my place. It did not affect me much.
I won’t say that it is family sponsored, I will just say that I have a valid EAD and a pending immigration case. I don’t think employers may ask more than that. In my last 2 jobs the employers did not ask too much. I just submitted my EAD on the first day of the job along with my social security card and state driver’s license. I just have doubts that since this new company is a big tech company in the San Francisco bay area and also the position is a senior executive position so may be they might ask further questions regarding my immigration status and may be cancel the job offer due to asylum pending status but hopefully that wont happen.
I would not lie about the status – it is easy enough for them to know this, as it is written on the EAD card (c-8), which any competent HR person will know = asylum pending. I do not know about the legality of them denying you employment because they do not like the fact that you have a pending case. It may be illegal, but I do not know. I think you can explain that the case has been pending for 5 years, and the you expect it will pending for several more. The fact is, even if you get your interview tomorrow and lose the case, but the time you work your way through immigration court and the BIA, it will likely be 3 to 5 years from now, and you will have an EAD the entire time (as long as you keep renewing). And so maybe you can convince them that no matter what happens, you will have several (or more than several) years to work in the US. Also, if you have a lawyer who has evaluated your case, maybe you can get a letter stating that the likelihood of success is very high and that you qualify for the benefit (asylum). Good luck, Jason
I applied green card to my wife and son as an asylee in January 2019 my wife got her green card today but my son’s hasn’t yet.he is 9 years old.don’t it come together .he didn’t ask for fingerprint. Does he need to do fingerprint
Appreciated Mr Dzubow
From which state did you apply DAVID?
New Jersey I applied in January 29 2019
Fingerprint was done by March 2019
Got green card 10 30 2020
My case was in Texas service center
David,
Thank you for sharing your timeline with us. I must admit that I am more concerned now about the processing time at TSC. I’m applying for my green card next week and living in Philadelphia, I assume my case will be processed at the Texas Center as well. From almost everyone’s experience, the processing time is insane and I’m already stressed out before even sending my application. I have been in this journey for 4 years and can’t imagine waiting another 2 or 3 to get my green card.
Children under age 14 generally do not need fingerprints, so that is normal. Also, some GCs come faster than others, even for the same family members when they file together, and so that is normal too. However, you can try to call USCIS if you want to try to check on the case (800-375-5283), though I think the case is still inside the processing time, and so I doubt they will take any action. My guess is that the card will arrive soon. Take care, Jason
Thanks Jason for the forum and help.
…just to let you know that USCIS will take fingerprints for children too. My kids 8 and 6 years old were fingerprinted.
regards
Interesting. I think we have not seen that for our clients. At least I don’t recall seeing it. Anyway, if USCIS asks for fingerprints from children, the children can just get printed like anyone else. Take care, Jason
I had an individual hearing on December 2020. But this morning I checked the automatic case online and saw that it was changed to 2022. Can I expeditie the individual hearing with doctor documents. I had surgery a few years ago to remove Tumor from my neck and after that I’m disability. And I have to do MRI regularly to check my health condition. Do you think that helps me to expedite individual hearing in court?
You can try – I wrote about that on April 20, 2017. Cases are getting moved around a lot, and it is difficult to advance a case, but if you have a good reason, it may work. Take care, Jason
Hi Jason,
Is there a possibility to apply for Investors visa while the asylum case is pending in court?
Maybe, but for the large majority of people, you would need to leave the US to get your green card, and that may or may not be possible. I wrote about this in a series of blog posts from August 2018 and September 2018, but if you think you might qualify, talk to a lawyer. Take care, Jason
Hi Jason, Thanks for everything that you do for the asylum community. Today, I received an update that my cases, green card, EAD, and RTD have been moved to another office for processing. I applied for my wife and I. I know USCIS move cases around, but I thought it’s just for green cards. I did not realize that they also move EAD and RTD. I am from Ohio, so I expected my case to be processed in Nebraska but my receipt number started with MSC–which means it was originally sent to the National Benefits Center. But now it appears they are moving it from NBC to another center. Have you seen a situation like this? I will have to wait for the notice to see which office the cases have been moved to. Thanks
I have not seen that, but I do not pay much attention when they move cases around for processing. In general, it seems pretty common and if they have the application and you have the receipt, they should process it and you should be fine. Theoretically, they are moving cases around to make processing faster, though I am not sure it helps. Take care, Jason
Hi Asylee,
How long ago did you apply for GC? I mean the receipt date for GC application. Thank you.
Hi Jason. I am Asylee. My Family joined me here 2 months ago by i730 approval. On airport they will stamped on i94 form for Authorization of work. I applied for their Social security cards and they got now. Yesterday we went to Driving Licence office for Learner Licence of some my Family members. Office persons told that status is not coming online and they will contact to uscis to sent your status. When u recieve it my mail in 2 weeks, then come to office. I contact uscis helpline to inquire about their work permits, which we not received yet ( My family filled i thick i765 forms in US Embassy in my country during interview in March 2020). Yrsterday USCIS helpline was not help full. Because on Automatic call they were asking for receipt number, and they not got receipt in Embassy. We r very confused to get work permit yet. What we should do? Because with out Work permits and driving licence/ state IDs all are stuck. Thank you.
The work permit should arrive. I guess you can file for a new one, but that should not be necessary and I am not sure whether that would cause problems. There are delays in producing the cards, so maybe that is the issue. Maybe you can try to make an inquiry with the USCIS Ombudsman – a link is at right. That office sometimes helps with delayed cases, but without the receipt number, I do not know whether they can assist. I also did a post in December 2019 with a link to an I-730 manual. Maybe take a look at that, as it has ideas to trouble shoot different problems. I do not recall whether it talks about this issue, but it is worth a look. Take care, Jason
Kamran! Congrats that your family is here could you share timeline and also what questions were asked and after interview how long it took to get passports back
I applied for EAD renewal 2 months ago my current one will expire in 2 weeks. Does anyone in Chicao knows how long will take to get new one? Also will lose driver license is there any chance to renew it without new EAD? Thank you
If you filed before the old EAD expired, your current EAD is automatically extended for 180 days. The receipt for the new EAD says this. Many DMVs will accept the receipt and allow you to renew the license. If they refuse, try to speak to a supervisor, as you should be eligible to renew. Take care, Jason
Hi Jason,
Quick question; time to renew my EAD. USCIS says send Dallas Lockbox for asylum applicant (not granted). I want my file go to the Texas Service Center, it seems TSC has faster processing time
How they decide which office will do the renewal.
Can I send directly to the Texas Service Center
You have to file at the address on the I-765 page (Dallas). You do not have a choice about where the application is processed. Take care, Jason
hello sir
I been wanting for 6 years date been changed 2 times earlier. we filed a motion to advance an individual hearing agree to complete the entire case in less than an hour as we are ready anytime. do you think we good chance for a sooner hearing date
Hopefully. Some judges are better than others about this – it depends on the judge’s schedule and the judge’s clerk’s responsiveness. The main issue is that the courts are a big mess and that many cases are still being canceled due to the coronavirus. This makes it harder to expedite, but it may still be possible. Good luck, Jason
Can you say how many days it took you to receive an answer between the request and answer? I submitted one inquiry on October 8 and have not heard anything back yet. I am expecting to hear something this week or the next one but your case seems like a good example.
Best
it took 2 weeks i think maybe couple dayd more. Do you know if this is a good sign when i can expect interview?
Jason my lawyer submit documents for expedite interview last month in Chicago office with medical documents, today he got answer from USCIS “your client has been added to this office short notice list. You will be contacted if slot becomes available due cancellation. I told him to apply for expedite interview he said he did both and they put us on short list in Chicago office. He said he will involve congressman to.
What do you think how long it will take from thus point ? I filed in may 2016
I also filed in 2016, can I short my case in Arlington Asylum Office? I heard they stopped the shortlisting process.
Arlington does not have a short list any more. Whether it will return or not, I do not know. In our office, at least, we have been receiving notices for interviews for some 2016 cases. It seems they are randomly choosing some people to interview, and I cannot see any pattern to it. Make sure you have the evidence you need in case they contact you, so you will be ready, as they only give a couple weeks notice. Also, if you wanted to try to expedite, I wrote about that on March 30, 2017. Take care, Jason
Can you say how many days it took you to receive an answer between the request and answer? I submitted one inquiry on October 8 and have not heard anything back yet. I am expecting to hear something this week or the next one but your case seems like a good example.
Best
I forget how Chicago does it, but that may be the best result you can get. I do not know. I also do not know about the short list in Chicago. In general, the short lists were pretty long, and though they were often faster than the “normal” wait time (whatever that is), they were not particularly fast. It sounds like you will keep trying to expedite, and maybe that will work – sometimes when a direct request fails, a request from Congress does work. Good luck, Jason
I agree with felicia we can come all here to write posts and express disappointment but it is useless. Fact is matter is demanding directly of USCIS a just and honest treatment for immigrant specially when YOU PAY . Otherwise this is waste of time. End of story.
I am sorry jason , But this is absolutely ridiculous . You tell me that up to 44 months to print a stupid piece of plastic . Particularly for Asylees who’ve overcome strenuous process and background checks and interviews and years Of been physically here . This makes no sense and one thing I would like to point out is that USCIS continues to do these barbaric things because not many lawyers are standing up for their clients . AILA I know has done this , but mine in the past For instance would only say oh this long wait is normal , while charging me large sums. I do believe you should call USCIS out for this , and all immigration lawyers in general . You need to start demanding fair and timely process , specially in a situation like this where it makes no sense . Your blog is amazing , but more amazing would be if you exposed and demanded from USCIS publicly , and through Congress in conjunction with other colleagues a fair and normal process. Not just accept that this is their new Normal . Thank you
It is not acceptable and we do call it out and do what we can, but we have limited time and resources. Also, as lawyers, we have no magic powers to force USCIS to do its work. There have been many lawsuits against the Administration’s policies, mostly led by non-profits and large law firms, who have the resources and expertise. Also, of course, there is nothing stopping anyone – including green card applicants themselves – from organizing around this issue. Unfortunately, the Trump Administration’s assault on immigrants (legal and illegal) is broad and relentless, and it seems to me that many people are working very hard to do what they can. Take care, Jason
Hello Jason,
I was looking at processing times on USCIS page yesterday and I noticed time the average times overall went up; particularly for I-485 which went to 14-44 months. I mean 44 months!! Almost 4 years for a piece of paper?? The message is clear, as long as Trump is in office, it doesn’t matter if you follow immigration rules. They will use you as political pawns. How did we get here? To think that after 4 years of division, scandals, a pandemic that cost hundred of thousands of lives, some people are like, yeah, we want more of that. It makes me sick to my stomach.
I love the people of this country but the cynicism that has taken over makes me seriously consider bouncing back. It’s almost like I live in an alternate universe.
At the policy level, USCIS is not interested in issuing benefits. It wants only to deny benefits and that has been the thrust of its efforts to change the immigration system. At the most fundamental level, it undermines the rule of law, which has been the pattern of the Trump Administration. Unfortunately, rule of law is not a priority for a good number of Americans. Take care, Jason
It’s funny but they knew already in 2016. Listen at 42 seconds what Lindsey had to say. I think it was either of Republican candidates that time the USCIS processing times were meant to go higher. They planned it long time ago.
Sorry, here is the link.
https://www.facebook.com/7976226799/posts/10159394937701800/
For a time last summer, the Administration seemed to be deliberately trying to destroy USCIS by laying off 2/3 of its work force. Then through some strange miracle, the money appeared for them to continue operating. It has never been clear to me what exactly happened, but I have not had time to look into it. Delays did dramatically increase around this time (on top of the already existing very long delays). Take care, Jason
What I fear even if Biden wins is the residue left behind by Trumps immigration policies. Can Biden unwind that in a timely manner? Policies instituted over a 4 year period can’t be undone in 100 days or even one year.
Yes, it will probably take while before things get back to some sort of normalcy. And nothing guarantees, Republican won’t try to sabotage any effort made to pass an immigration reform. It’s not just the presidency that’s at play. Democracy is at play. There needs to be a total take over of Democrats (Senate, House, WH).
Hey, listen, as long as Stephen Miller is not in charge of immigration policies, it’s a big step forward.
If Joe Biden wins, I do think that the worst policies can be undone pretty quickly. There are some waiting periods built in to the rule-making process, and I am not sure whether those would apply, but even so, I would expect that many things can be changed. Not least of which would be to have competent leadership, so perhaps cases could be scheduled and they could stop reshuffling priorities and just get things done. Take care, Jason
Hi Jason,
Since USCIS resumed interviewing the asylum applicants under CDC regulations, how many of your clients received interview? Any statistics how many interviews they are conducting per month in the Arlington Office? Which cases are they interview these days? The recently filed or the old ones? What is your advise for those who filed cases in 2015 and 2016? How long we should wait, this process became really unbearable.
I had maybe two interviews in the last few months and two more scheduled in the next month or so. They told us that they are interviewing 19 cases per day and they hope to expand to 30 cases. Frankly, I doubt they are really interviewing 19 cases per day, but maybe. My cases mostly seem to have been randomly picked for interviews – I think they were filed in 2016 and 2017 (if I remember correctly). In any event, they were not LIFO cases. My law partner also had several interviews, and I think all were one-year bar cases; none were LIFO. In terms of how long you will wait, I do not know. You can try to expedite – I wrote about that on March 30, 2017. It is still possible (supposedly), but is very difficult given their limited operational status. Take care, Jason
Hi Jason,
Just wanted to share you with my latest experience with Newark asylum office. I’ve waiting for decision more than 2.5 years, did countless of enquiries, they just kept sending me template replies. pending,,,pending for review, pending for a final decision…I think I have one of the strongest case in the US. Every months, major news-outlets reporting horrible things about my hometown, US congress recently passed two bills to tackle the situation in that region,, State Department officials mentioned the situation in multiple occasions and my case is related to what is going on in there,,.with all these development, I made multiple expedite requests and they even didn’t reply to my requests. Finally, I asked for obdusman for assistance and they replied to them saying they cannot issue a decision right now because they need to re-interview me and due to covid, they don’t know when they will schedule for an interview…I still have family members in that region and they are in grave danger and I submitted many evidences,,,from the US State Department, Congress reports..still the don’t want to expedite my case. if this is not a humanitarian situation, I don’t know what else can be considered a human rights situation for expedite request. Looks like my background is already cleared otherwise they would have mentioned it like other replied they made in the past. I am thinking about mandamus lawsuit but from their tone,,they may flatly deny my case due to Covid if I file mandamus lawsuit now ( one of my friend spoke to a local law-firm who had recent experience with the asylum office and they say such things too). looks like my best bet is to wait until we have a vaccine ( hopefully will come soon, not in two weeks as the emperor says) then file a mandamus if they don’t schedule an interview. Do you know anyone filed mandamus during the pandemic and had good result?
Hey Allen,
You are not on your own. I have been waiting for a decision for 4 years while some of my children have been in danger for many and many years. I have tried all the avenues, I mean reaching out to the congressman or Ombudsman office with no luck. I am so desperate but we no power. The only scenario I never like to think about is seeing myself being deported as I have no where else to go unless I find another safe country form here. Let us just be patient and positive
If you are a member of a church or mosque community, maybe they can reach out as a group to the congressperson – that might be more effective than you reaching out as an individual. It would be nice if the government would just do its job, but unfortunately, that is pretty rare these days. Take care, Jason
I do not know anyone who has filed a mandamus in NJ. My law partner threatened to file one in VA recently and the asylum office responded and took some action (I think giving the person a second interview, but I may be remembering wrong). I think you can try a mandamus – I doubt they would deny the case for that reason alone, though one never knows. You might also try contacting your congressperson – maybe they could contact the asylum office. I do think that they are more likely to expedite for a health problem than a family separation problem (my opinion is that it should be the opposite, but until they put me in charge, my opinion is not so relevant). Even if the case is approved, it still takes probably 1 or 2 years to get family members to the US, and so you may want to have your family move somewhere safe, if that is possible. Good luck, Jason
May I ask if your case status is “Decision is Pending” or “Application is Pending”?
Hi Jason,
I filled I-485 based on asylum. I received my receipt and it shown that my case is being processed in a National Benefits Center (NBC). However, I did not find the processing time for NBC.
You or anyone else here has an experience with NBC when compared to TSC? Thanks
I do not know, but we are seeing such cases take maybe 1.5 to 2 years, though the time frame is not very predictable. Take care, Jason
Hello asylum community,
This webpage is awesome and very useful. Mr. Jason thank you for helping us. I have one question and would appreciate your advice on this. Very soon I am going to apply for asylum based Green Card. And next week after my application is submitted I am going to visit Turkey(third country) for a 10 days. I do have valid RTD which expires in April 2021. Q: can I travel abroad and come back while my green card application is pending???
Thank you in advance Mr. Jason!
As long as the RTD is valid, you can re-enter the US. The only issue is that you may (or may not) have to do biometrics, and so you need to be here for that (or have someone contact USCIS to delay the appointment). My guess is that won’t be a problem. Do make sure you are aware of any coronavirus travel restrictions – one commentator here got stuck in Italy on her RTD and then had to go to Mexico for two weeks before she could re-enter the US. Take care, Jason
Does anyone know how is the PA (Philadelphia) immigration court and what is the average waiting time? Thanks!
I have not been there is a while, and so I can’t say, but the few times I did go there, I thought the judges were fair. I do not know about the time frame, though. Take care, Jason
Last I saw, there are ten flip-able senate races this year. Republicans are the incumbent in eight of the ten, so I think there is a decent chance Democrats get at least 50 seats.
I saw that, but I am a confirmed pessimist. Of course, I hope you are correct. Take care, Jason
Also, Repubs will use the “conservative”-packed courts to unlawfully claim victory!
That is what I am afraid of. We shall see. Take care, Jason