Joe Biden has won the popular vote and the majority of the electoral college vote. Whether he will be sworn in as the 46th President of the United States, however, remains to be seen. In yet another break with precedent and an attack on our democracy, President Trump has refused to concede and claims that the election was plagued by widespread fraud. He made the same claim in 2016, and even created a commission, chaired by Vice President Mike Pence and anti-immigrant crusader Kris Kobach. That commission quietly shut down after failing to discover any significant evidence of fraud, and so far, there is no evidence of wrongdoing in the current election. Nevertheless, when we have a President who has repeatedly demonstrated his contempt for the rule of law and for reality itself, the peaceful transition of power in no longer a given.
And what’s worse than the President are those who support and enable him. We already know that many Republicans care more about winning than about democracy. Exhibit A in that regard is the Supreme Court nomination process. Senate Republicans blocked Merrick Garland from even receiving a hearing during the last year of President Obama’s term. The claim was that since an election was upcoming, “the people” should decide who gets to fill the vacant seat on the high court. Four years later, the same Senate Republicans rushed through the confirmation of a Justice they supported ideologically, Amy Coney Barrett, in the days before the 2020 election. This action laid bare the utter contempt Republicans have for fairness and for those who disagree with them. In my view, democracy simply cannot exist in such an atmosphere.
Now, the stakes are even higher. Are Republicans just indulging their base and Mr. Trump? Or do they expect something to come of their challenges? And if the results of the election are somehow overturned or subverted, what then? I fear that democracy cannot survive such a moment.
And how does all this affect asylum seekers and immigrants? Even assuming the Trump Administration leaves peacefully, what can it do during the remaining 70-some days before Mr. Biden takes office? Can it make changes that outlast the Trump Presidency and are difficult for Mr. Biden to reverse?
One thing we are seeing is the continuing flurry of new regulations and other actions aimed at making it more difficult to obtain asylum or other legal status in the U.S. Probably the most significant recent action is the refugee cap for FY2021, which further reduces the number of refugees our country will admit for resettlement. For much of the Obama Administration, our country resettled about 85,000 refugees per year. During Mr. Obama’s last year in office, the U.S. resettled about 110,000 refugees. For FY2021 (which began on September 30, 2020), our country will resettle a maximum of 15,000 refugees–the lowest number in the modern history of our refugee program.
In another recent action, on November 5, the Attorney General issued a decision making clear that there is no “duress exception” to the persecutor bar. What this means is that if a person is forced to engage in “persecution” (for example, by serving as a prison guard) under duress, she cannot qualify for asylum. Also, the evidentiary burden for the government has been reduced so that if evidence exists indicating the persecutor bar “may” apply, the asylum applicant must demonstrate that the bar does not apply. Under this strange standard, many asylum applicants could be subject to the bar. Imagine a person who was forcefully conscripted into the Syrian army, an army which commits human rights violations. Even when there is no evidence that this person engaged in any persecutory conduct, he must present evidence that the persecutor bar does not apply. Whether this will block many people from obtaining asylum, I am not sure, but it could. At a minimum, the new decision will make it more burdensome for applicants to present their asylum claims.
The ongoing rule-making is part of a four-year effort to restrict asylum and immigration. Many policies have gone into effect; others have been blocked by courts or are subject to ongoing legal challenges. For example, the Trump Administration increased the wait time for asylum-pending work permits from 150 days to one year, it implemented the “public charge rule” making it more difficult to obtain a Green Card, it narrowed the basis for obtaining asylum for victims of domestic violence and gang violence, it created the Migrant Protection Protocols, which forced thousands of asylum seekers to wait in Mexico in unsafe conditions, it issued restrictions on asylum for people who passed through third countries or countries affected by the coronavirus, it implemented the Muslim travel ban, etc., etc. Whether any more new rules or decisions will be issued in the next few months, we do not know, but it certainly would not be surprising.
One thing the Trump Administration has failed to do is change the immigration law itself. That requires an act of Congress, and even though Republicans controlled both Houses in 2017 and 2018, the President failed to introduce legislation related to immigration or asylum. As a result, all of the changes we’ve seen over the past four years have been regulatory. This means that a new President would have the power to reverse those changes, though those efforts could be blocked by a court if they are found to be “arbitrary and capricious” (as the Trump Administration repeatedly found out).
President Elect Biden has laid out an ambitious immigration agenda and has pledged to reverse many of Mr. Trump’s immigration rules. However, given that the Senate will likely remain in Republican hands, some of his ideas may prove impossible to implement. Others may come up against hard political realities–I wonder, for example, what to do about the thousands of migrants stranded at the U.S./Mexico border. Something needs to be done, but throwing open the gates seems politically risky and could result in a severe backlash (in the 2022 election, for example). It would be far better to come up with bipartisan solutions to these problems, but unfortunately, it seems unlikely that the GOP will play ball.
In any event, Mr. Biden can accomplish nothing until he is sworn in, and as far as I can tell, that is not yet a certainty. I know I tend to be pessimistic, and I hope that I am wrong, but from what I can tell, our country is at the most precarious and dangerous point that we have seen since the Civil War. To get past this moment, our leaders need to put the good of the nation before their own self interest and their own partisan loyalties. I suppose there is a first time for everything.
Hello Jason,
Your blog is so informative, I continue to read it even 3 years after having my green card.
I have a quick and hopefully easy question for you. I got my green card as a derivative applicant. Me and my husband are citizens of different countries. I am pregnant and would like to give birth in my home country (hello amazing American healthcare system…). I am due in spring. My husband applied for Travel document but with how things are moving right now, I’m afraid he won’t be able to get it before we need to travel. Can he apply to renew his COP passport and travel to my country with it just this time (he also has a GC)? Is it good enough reason to use it should this matter arise during citizenship interview? Last comment is the situation in his country got better since he got asylum, new president and much better political environment.
Huge thank you in advance!
He can do that. However, he may need to explain why the government renewed his passport and why he used it. This is pretty easy if he did not fear the home government (and maybe feared harm from terrorists, for example). It would be better to get the RTD and use that, but at least if he applied for the RTD, and it does not arrive, he can use that as part of the excuse (presumably, the baby will not wait for him to get an RTD). I think the risk is very low, but if he is ready to explain why he got the passport, he should be ok. Take care, Jason
Jason, as always everyone in this community is so appreciative of the support you offer. I am hoping that despite his efforts to stage a coup and overturn the election of Joe Biden, Trump won’t succeed. I have noticed that lawyers are dropping off his cases and judges have little tolerance for these frivolous claims. They have not brought any evidence of fraud to a court of law. That is certainly good news. I still expect Joe to be inaugurated in January. The difficult and profoundly dangerous situation is that many, many Republicans believe his lies. He has sown distrust in free and fair elections, the foundation of our democracy. Yes, we are at a dangerous moment, but I have to believe that we can weather this storm and find a way to recommit to the principles our country was founded on. Thanks again Jason and everyone here. We’ll light a candle for freedom in this dark hour.
Hopefully, you are right. But if Joe Biden is sworn in, it won’t be because Trump did not do anything he could to subvert and undermine (and end) democracy in America. Even in the best case, we will have a long road to recovery. Take care, Jason
Hi Jason, could you please clarify is it safe and ok to stay outside of US with Refugee Travel Document (RTD) for 60 days and come back? my current status is granted asylum and I-485 form is pending. RTD expiration date after 11 months. Reason-tourism. Thank you for your time.
Hi CHRIS which state did you apply and how long have you been waiting for the green card?
I filed I-485 Form on October 2019, on November 2019 they took my fingerprints. Since then no update. Apllied to Texas.
Yes – as long as the RTD is valid, you can return to the US (and of course, do not visit the home country). Take care, Jason
Thank you sir.
Hello Jason!
I was wondering have your heard anything about backlog in California and Texas asylum offices?
I know they’re working on LIFO, however would be interested to know how backlog for old cases is moving.
Thanks!
Not lately, as the Asylum Office is not publishing much data. Everything is slow due to the coronavirus. Hopefully, if Biden comes in, we will at least have more transparency and they will give us a better idea of how the various offices are moving through their backlogs. Take care, Jason
Hi Jason!
I’m a bit confused with EAD renewal. UCIS sent me documents back with a message that “Payment amount is incorrect or haven’t been provided”.
I’ve sent them a check for $410 and they received it on September 22, 2020. I can’t reach out to UCIS to clarify how much am I supposed to pay.
Is it related to the fact they bumped EAD renewal prices in October to $550? Paralegal I work with says I should include $85 for fingerprinting fee as sometimes they rerun them.
Can I send them multiple checks to choose from or for a larger amount?
Most people now have to pay $495 ($410 + $85 for biometrics). We usually send one check, but you can send two. Double check the I-765 instructions to be sure about the fee, but that is what most people have to pay. Take care, Jason
Hi
How long do they take before they collect the money and send the notification to confirm receiving of i-485 application?
The package was delivered 5 days ago. They still didn’t collect the money nor sent anything?
It varies – maybe 2 to 5 weeks. Take care, Jason
Even for a simple step, they process 3-4 weeks of wait time. It was quite fast before for example two years ago, receiving the notice and payment transfer was taking 7-10 days. Either because of covid or something else, it is extremely slow these days. That scares me a lot as we are passing from multiple stages as asylum seekers. My hope is to see some change in the speed of bureaucracy with the new administration.
Am I being too optimistic?
Even for a simple step, they process 3-4 weeks of wait time. It was quite fast before for example two years ago, receiving the notice and payment transfer was taking 7-10 days. Either because of covid or something else, it is extremely slow these days. That scares me a lot as we are passing from multiple stages as asylum seekers. My hope is to see some change in the speed of bureaucracy with the new administration.
Am I being too optimistic?
I do not know that a new Administration will be able to improve wait times. Hopefully, if they can reduce some of the new burden the Trump Administration has put on applicants (and adjudicator), this will make things faster. But that will not happen overnight. Take care, Jason
Hello Jason , can you please read this >> https://twitter.com/uscis/status/1328722668372287488?s=21
It is very short letter , USCIS updated now adjustment of status policy for officers , can you please interpret this tell us what it means for Asylees looking to adjust status ? I didn’t understand it clearly. It is a short letter thank you
There was an update to the way USCIS will apply discretion to GC applications – I have not read it, but my understanding is that it will encourage more denials based on discretion and it sets forth the criteria to do that. Assuming Biden comes in, I expect that this change will be short-lived, but we shall see. Take care, Jason
Hi Jason
I have a question
I got my new EAD card today it’s just for 11 months ( old one was for two years) my i485 is pending and I went USCIS for fingerprints last week … why the new card is just for 11 months
Is it possible that I will get GC before this time?
It depends on why you got an EAD card. If is it based on category c-8 (I-485 pending, usually based on a family relationship or a job), it is usually valid for one year. Take care, Jason
Thank you for responding
My category is c5 … is that same?
You have a J-2 visa? I am not sure about that one, sorry. Take care, Jason
Mine is also 1year—category c05. Spouse 2 years. He filed same time—Mine affirmative. Jason pls what can be the cause.
I do not know much about that category. I do know they were trying to eliminate EADs for some spouses, so maybe this is part of the effort. I had not heard anything was implemented though, so I am not sure. Take care, Jason
Hello Jason and everyone! I was wondering if you can give me advice on situation that I have now?
I came to US in 2013 with J1 Visa. While in US I was approved for B2 Visa ( 6 months ), however at the same time I applied for asylum based on political situation in my country. 6 years later and I still don’t have an interview scheduled. Political situation in my country changed so much for 6 years, new president, new parliament, even police was disbanded and new people hired. Nothing left from previous regime and some was arrested while others flee country. Of course that could be easily looked in the Internet as a proof. I want to play this right, since I do not think I’m eligible for asylum anymore, and I don’t need it. I would like to keep my relation with US so I can return as a tourist in a future. I was thinking to Withdraw my asylum application and explain why I’m doing so. Or other option would be to wait and explain all of that on the interview. What is the best option for me to do so I’ll not get banned from entry to US?
I think you can do either way. Contact the asylum office to see if they can help you – you can find their email if you follow the link at right called Asylum Office Locator. If you filed for asylum before the B-2 visa expired, you should not have any “unlawful presence”, meaning that you should not have any legal bar to returning to the US (though you may have a two-year bar based on the J visa). Nevertheless, the fact that you filed for asylum will make it more difficult to return to the US on some types of visas (B and F, for example), but would not have much effect on other types of visas (H1b or L, for example). This would be true whether you withdraw your case and leave now or later. Take care, Jason
Hi All, and Jason
My case is pending since April 2016, I am waiting for my interview, wondering if anyone with the same timeline has been interviewed? Should I expect my interview to be scheduled anytime soon?
Thanks
We are seeing some cases that were filed in 2016 receive interviews in Virginia. It seems they are being chosen largely at random, though most seem to have been filed in 2016. I do not have news about other offices. Take care, Jason
A good read for those who like peace, and understand that differences in political preferences is no reason for hate. Good job FOX news.
https://news.google.com/articles/CAIiEDiHjM9x4jC2INSLUfZznygqGQgEKhAIACoHCAowwL2ICzCckocDMMaPqQY?hl=en-US&gl=US&ceid=US%3Aen
This article looks like BS to me – are we too assume that all Trump supporters showed up to march peacefully? Even the Proud Boys? Even those who illegally brought firearms to the march? Why was the Trump administration not asked to condemn violence? Why does Trump get a pass for referring to antifa “scum”? Fox News is pushing the hate and divisiveness, and they are making good money doing it. Too bad it is destroying our country in the process. Take care, Jason
Yes being Fox News they ended up muddling up the message. But I feel Biden condeming violence against his opponents is the sort of leadership missing in the current administration. Take Care
I certainly agree with that. Take care, Jason
Jason I’m not sure if you’re aware but the trump administration made the citizenship test more complex and harder for eligible residents with more questions . When Biden comes in on January 20th can you please write to congress to reverse this macabre move ? They make getting your papers hard already now they made becoming a citizen even harder thank you .
I have heard about it, but I haven’t bothered to look at it. Assuming Biden comes in, I suspect that this will be one of the changes he reverses. In any event, it is only for people who file the N-400 on or after December 1, and so by the time they get interviewed (in 1 year or more), hopefully our immigration system will be in a more normal state. Take care, Jason
Dear Jason, thank you so much for all your support and help to our community, we so appreciate you.
Just a quick question about work authorization please. I sent the form one month ago, still no receipt, no nothing:(((. Do you think it is going to be a problem if I wrote one check totaling for 495 dollars, instead of two checks for 410 and 85?
Thank you so much again.
It sounds like you did the right thing with the check. Normally, the receipt comes in 3 to 5 weeks, so hopefully, you will get it soon. You can check with your bank to see whether the check is cashed. If so, you can get a copy of it from the bank and it should have your receipt number stamped on it. You can use that number to check your case status at http://www.uscis.gov. Hopefully, though, you will receive the receipt soon. Take care, Jason
Thank you from the bottom of my heart, Jason! Oh I check my Bank app every day and nothing was cashed. I was just afraid that maybe they needed two checks for 410+85 instead of just one for 495. I hope the receipt will come shortly and the check will be cashed. Blessings to you Jason! We all soooooo appreciate You!
We always send one check and so far that has been fine. I suspect you will get the receipt soon. Take care, Jason
Hello Jason,
Is the Arlington office interviewing LIFO cases? What percentage of new cases are being interviewed?
Supposedly they are interviewing LIFO cases, but all the interviews we have received recently have been 2016 cases. I do not know why. As far as I can tell, they are interviewing few or no LIFO cases, but that may have been because they were not giving biometric appointments to new applicants. Recently, new cases are getting biometric appointments, so maybe they will start to interview new LIFO cases. We shall see. You can try to expedite and maybe that will work – I wrote about expediting on March 30, 2017. Take care, Jason
Hi Jason, after filing asylum affirmatively and completing the interview the asylum offered screwed me by claiming that I am out of status and send my case to the court. I have all of the proof that I have legal status but the officer says that my case now will be decided in court. Due to the pandemic, my master hearing kept on moving and now it’s scheduled for Jan 2021. Since I was in H1B, and my employer has not renewed my H1B filing due to this, I think I have lost my H1B and currently out of status. What would you think will happen when I appear at the Master hearing, 1.) should I say that I was legal status but the asylum officer did a mistake? or 2.) Agree to the claim of the officer and fight my case in an individual hearing.
What do you think the judge’s response will be?
Well it kinda depends.
Which office did you file in?
What is your country of origin?
Give a timeline of your application.
Unless you are still in valid status and have evidence of that, it sounds like you are out of status. However, maybe there is an argument that you are in valid H1b status and that the NTA should be dismissed and your removal case terminated. Talk to a lawyer to be sure. However, if you are out of status, you would normally admit that and tell the judge you are seeking asylum, and then you will be scheduled for an individual hearing. I wrote about this subject on March 7, 2018. The bottom line, I think, is that you should talk to a lawyer to help you with the case (or maybe try to get the case terminated). Take care, Jason
https://www.washingtonpost.com/immigration/new-us-citizenship-test-trump/2020/11/13/2029723e-25e9-11eb-8672-c281c7a2c96e_story.html
There you go. One recent change that the Trump administration just added.
Not a big impact but still evidence of movements
With Biden winning would that change anything with returning home after getting the GC from a marriage after applying for asylum ?
And will he have enough authorizes to roll back all these new roles Trump doing for example is he going to be able to cancel all the new rolls Trump made like public charge ?
Thanks Jason
I do not think a Biden presidency will have any effect on return travel for asylees (or GC holders based on asylum). There is still some risk to your immigration status if you return. I wrote about that on January 6, 2016 and maybe that would help. Biden has announced that he plans to roll back many of the changes, and I expect the public charge rule will be one of them, but I do not know how long that will take – it may take several months, and if the roll back is blocked by a court challenge, it could be longer than that. Take care, Jason
Hello Jason, hope this message finds you well.
I applied for asylum 2017, asylum granted sept 2019. I file for GC sept 2020.
I wish to go for vacation(definitely not my home country) I do not have a valid passport my questions are
What form option should I choose on form I 131?
Is advance parole same as RTD
Since I do not have a valid passport and do not intend to renew with my country of origin, where will the visa be put ?
My GC application has been pending for 2months, does applying for RTD or advance parole have an effect to my I 485 application?
Thank you
You need the RTD, which looks like a US passport (but a different color). Not all countries accept the RTD as a passport, but many do. It allows you to travel and return to the US. It has no effect on your I-485. You can try to use the I-485 receipt in lieu of paying for the RTD. That works when the two forms (I-485 and I-131) are filed together, but it does not always work when filed separately. Anyway, you can try that if you want to save the I-131 RTD filing fee. Take care, Jason
Greetings Jason. Thank you for your reply.
How can a lawyer apply for AP even when I clearly stated I do not have a valid passport and cannot renew from my home country. I paid alot just to get RTD she ended up filing for AP, how do I even use AP to apply for a Visa? All she kept repeating was I need to make sure that I do not exit before my AP is approved, offcourse I wasn’t going to do that. I just expected her to request for the right document. Money wasted. Was I wrong to suggest to her to file for RTD instead of AP?
Maybe the lawyer applied for the wrong document – both AP and the RTD are obtained by filing form I-131. You might ask why she filed for AP when you do not have a passport and are an asylee. Note that if she filed before asylum was granted, then AP would have been the correct choice (though it would be useless unless you had a valid passport). It seems to me that you need to have a talk with the lawyer to see what happened. Take care, Jason
Hello Jason:
I have been reading your blog regularly for a couple of years. We do value the insight and guidance you provide. I was granted asylum by the Immigration court in 2007 and later when I wanted to register as a PR my application for adjustment was put on hold because of TRIG. I reached a point that I did not care about getting GC and I continued with my life and keep renewing EAC annually for 11 years. In June of this year I was introduced to senator from my state and she was kind enough to show a keen interest in my case and promised to help me with my pending application. In September I got a letter from USCIS asking me to provide finger prints and a month after that I was again asked to submit a new medical report. A few days before election I got a call from the Senator’s office and I was told that I will receive my GC in few days…. two days ago I got my green card after a wait of 12 plus years. The card was backdated one year . Now I would like to know if there is a way I could possibly expedite my application for citizenship.
It shows how a person with influence can make a difference. Which is good in your case, but very sad in general. Anyway, I know of no way to expedite the citizenship case. You have to wait 5 years after the date on your GC. You can mail the citizenship form up to 90 days before the 5 year date, and so given that the GC was back-dated one year, you can apply for citizenship about 3 years and 9 months from now. When you file the N-400 form, you can ask USCIS to expedite the case, which may or may not help – there is no harm in trying, but given the long delays you saw already, I would not be surprised if the citizenship case was also slow. Keep the Senator’s info handy, as you may need her help again. Take care, Jason
Hello everyone,
I applied for asylum in 2016. I completed my interview on 09/04/2020 and today I got an email that a decision was mailed. In anyone’s experience, does this mean I should be hearing from them in the next 3-5 business days?
Thank you all!
Did you check your status online? https://egov.uscis.gov/casestatus/landing.do.
As far as know it is a good thing. Congratulations.
I did check and this was the message online:
Decision Was Mailed
We reached a decision on your application. You should expect to receive the decision in the mail shortly. You must follow the instructions in your decision letter as to what to do next.
I would expect a positive result- Approval. Congrats again. Check your mailbox this week. If you receive notification from USPS you may see when it is coming. Make sure your mailbox is a safe one that no one else has access.
Which office was it?
Any expedite request?
I will cross my fingers and hope for the best. This is in Bethpage, NY. I never sent any requests.
Congratulations OSC! like FIRSTRESPONDER said, think positive. I also have informed delivery with usps so I get a notification with a photo of the front of my mail & tells me it will be delivered to my mailbox on that same day or maybe the following day. When I got the notification that morning I knew for a fact it would be in my mailbox later that day. But what I did was headed straight to the post office when i got the notification from usps that i have a mail arriving today & i saw the picture of the front showing it was coming from USCIS. I was extremely anxious & couldn’t wait, plus i did not want no chances of it being mistakenly deliverd to the wrong mailbox by the mail person. My approval decision was sent to me by USCIS in a priority mail with a tracking number, it wasn’t sent like the regular notice of action letters. So with the picture showing the tracking number, they were able to locate & hand it to me at the post office because the carrier personnel leaves like a hour or 2 after the post office opens.
Congratulations again & Good luck in the USA.
I have a friend waiting for her decision for months still didn’t get any response,which office did you get your interview ?
Bethpage, NY
It may be longer than that. We have seen it take a couple weeks, but hopefully it will be soon, and hopefully you get a good result. Good luck, Jasno
Jason, Jamie, Tina and Daniel,
Please do not bother wasting your valuable time replying back to this Nick guy. He is a troll and an attention seeker, He is a useless person who probably has a lot of free time on his hands. He is not an Asylum seeker or an Asylee.
We should celebrate Biden’s victory, Biden won by a huge margin even in deep red states like Arizona and Georgia. This is truly a moment of hope and courage for Asylees and Asylum seekers. At least we do not have to live our daily lives in fear of not knowing what new cruel policies trump might implement to further persecute us and our families. These last 4 years under Trump have been an extreme mental torture and source of great anxiety and depression for most of us.
Hope remains that Asylees and Asylum seekers would atleast be treated like normal human beings now. The small children who are imprisoned in cages would finally see freedom and people fleeing violence and persecution won’t be treated like animals any more.
Well said
True Mark, it’s sad. God gave us a powerful brain that can differentiate between virtue and vice, to enable his plan for man to dominate earth. But some adults choose to live a fantasy whereby they settle for lies and deception radiating from hate and narcissism.
Some people put kids in cages while holding the Bible wherein Jesus rebukes cruelty against children. Take Care.
Mark, agreed!
I am hopeful that the situation will improve under President Biden, but 70 million Trump supporters are not going away, and it is very important to think of ways to reach and/or engage with them. Some will be impossible to convince or even converse with, as they accept the lies that President Trump has been pushing and nothing will change their mind. Others (hopefully, most others) can and must be part of the conversation as we try to determine how best to implement and reform the immigration law. They may oppose asylum and immigration, and that is their right, but they have to be part of the conversation moving forward. Take care, Jason
Jason, I respectfully disagree. Your suggestion has been tried and proved futile. Some people simply don’t care or are not willing to engage. Some people, because of hatred of the “other”, are not interested in being engaged. We live in the 21st century, and almost everyone has a phone and access to TVs/the Internet, which means almost everyone has access to unbiased and real information (of course, they also have access to conspiracy theories as a result). People, at their own volition, perhaps because they were socialized to fear “otherness”, or fall into politicians’ fearmongering and scapegoating traps, choose to believe what they believe, and therefore vote for who they want to. It is high time we stop treating these people like they are young, impressionable children who can’t think for themselves. With that said, many Trump supporters (not all) voted for Trump because of racial resentment, changing demographics, anti-LGBTQ, resentment for women’s bodily autonomy, etc. Though the U.S. has ostensibly come a far way on some of these issues, it is seemingly a cycle: Now and again these undercurrents of hate and fear of the other are thrust into the national spotlight. This is because the country has never reconciled its past and many do still experience nostalgia… Why is that Democrats (“lefties” as they call us as if we should be ashamed) always have to be the ones to take the high road, reach out to the those on the other side, bend over backwards for Republicans to like us, or always making concessions and compromise? If you ask me, Democrats need to grow a spine and be bold with their agenda. In any event, it makes light of the almost-80 million people who voted for Biden, and also Biden winning the Electoral College, which, by the way, favors Republicans.
I go back and forth between the idea that we should push our views forward regardless of the opposition, on the one hand, and that we should be reaching out to the other side, on the other. I do not think the two approaches are inconsistent, and so both paths can be pursued at the same time. My personal feeling is that our nation’s #1 problem is the current divisive state of our politics. In making this effort, I don’t think we should compromise the rights of minorities or anyone else in order to appease the Right. However, I think there are different approaches to getting what we want, and one approach is to try to convince those who can be convinced and hopefully erode some of the opposition through attrition. With regard to immigration specifically, I think we cannot simply dismiss concerns about uncontrolled immigration. Few Americans favor an open border (I do not), and if that is the starting point, there obviously needs to be laws and enforcement of those laws. Democracy requires compromise and it requires respectful discourse. Certainly, many hard-core Trump supporters could care less about those ideals, but we need to do better than that, and we need to reach out to those who can be reached. Again, not to sell out anyone’s rights, but to try to convince some of those who are willing to listen. Take care, Jason
Jason,
Thank you for your response and honest opinion.
Respectfully, I don’t know any Democrats, including immigrants, who are for open borders and uncontrolled immigration to the U.S. Perhaps there are some- but I have never met one. And, I do agree that there should be laws and enforcement of those laws. And if they are violated, the perpetrators, including immigrants, should face the consequence(s). What I do not agree with, however, is the powers that be flouting those same laws, or using them arbitrarily, and maliciously, against immigrants.
I recognize the divisiveness- especially now- which has reached almost crisis proportions. In large part, the responsibility of the divisiveness, and the resultant imminent crisis, including a constitutional crisis, rests almost squarely on a certain group of politicians who refuse to relinquish power, or are only interested in what they can get from being in government. Many have even gone as far as using “conspiracy mongering” to further alter perceived reality, for the worse, of a certain segment of the U.S. population.
I am hoping for the day when Republicans- and this includes the ordinary citizens- can start asking for compromises and expressing a willingness to work with Democrats, or meet Democrats halfway. After all, there are more Americans who are inclined to support the “left-leaning” agenda than there are Republics as is evidenced by the recent election. Still, Republicans, because of a faulty electoral system and voter suppression, believe that their agenda is decidedly what Americans want. The real question we should be asking is when are Republicans going to quit their intransigence, malicious intents, hypocrisy, “politricks”… and start working with Democrats to effect real and meaningful changes.
I agree with this – One side (the Republican side) is much more to blame for our current divisiveness. My concern is more tactical – how can we penetrate the ideological wall, which seems largely impervious to evidence (even when the evidence will save the very people who refuse to acknowledge it). Perhaps it just needs to be crushed with raw power, but I think that is not a realistic option. Given that we have to live with people who hold these views, the question is how to move forward. My thought is that some percentage of them can be peeled off from the group, and given how evenly we are divided, even bringing some people over to a more reasoned position may be enough. In any case, nothing can happen until President Trump leaves office, and so hopefully that will happen per the law. We shall see. Take care, Jason
Hi Jason,
I lost my wallet today and my EAD card was in my wallet which is valid for the next two years.
I do have the scanned copy of EAD card.
What can I do to obtain duplicate of my EAD card if I don’t get my stolen wallet found.
Thanks
Syed
You have to use form I-765 to apply for a new card based on the fact that the old card was lost. Check the instructions, as you may need a police report when you file for the new EAD. Unfortunately, you also have to pay the fee. Take care, Jason
Thanks Jason , till the time I receive a new EAD replacement card My existing EAD will be valid to continue doing my job for the duration it was approved I.e two years.
Thanks
I don’t see why not. It sounds like you have a copy of the old card, and so I see no reason why you would be ineligible to work based on that card. Take care, Jason
Thanks Jason , till the time I receive a new EAD replacement card will My existing EAD will be valid to continue doing my job for the duration it was approved I.e two years. As I am working on the basis of my existing employment authorization.
Thanks
Hi Jason,
I have come on an H2B visa in 2012. My case is currently in court (scheduled for January 2021). However, I have been in a relationship with my partner (USA citizen) for a long time. If my case gets rescheduled due to COVID 19 for a long time, then we are considering getting married (we are thinking of getting married regardless of my paper situation) and applying for the green card, so I can travel and see my family visiting them in the third country.
My question would be: If we get married and submit the case to the USCIS how can I apply for the travel documents through marriage (should I travel using my passport even tho they will see that I have applied for asylum before). Also, what is the process of closing the asylum case at the court (as I know I can’t leave the country while I have my case still at the court)?
Thank you!!
I wrote about this issue on August 6, 2018 – maybe that would help. In short, you have to close the court case once the I-130 petition is approved, or get your GC from the judge. Unless the court case is closed, you cannot travel outside the US. Once it is closed, you can file the I-485 + I-765 + I-131, and you will receive a work permit/travel document, which you can use to re-enter the US (you have to use your passport to travel, this document just allows you to re-enter). Take care, Jason
Thank you, Jason.
Can I close the case at the court before my I-130 is approved (can I close it while we are waiting for the marriage interview)?
Most judges will not agree to do that until the I-130 is approved, and I highly doubt DHS will agree to it either. If they both agree, I suppose you could close the case, but that would be a very rare event. Take care, Jason
Hello Jason,
I filed today for I-485 based on approved asylum. I am so nervous after the ordeal I had during the asylum process which lasted for ages and felt like never-ending. I have not seen my family for almost 10 years now. Please pray for me. I know that the waiting time is between 1 and 3 years. Hopefully, I don’t wait long so I can travel to a third country and see my family.
1- What happens next? the package was delivered to the USCIS today?
2- What should I do after receiving the notice? Just wait for their letter asking to perform the health exam (I-693)?
3- What is the form of their response asking for the health exam? I heard they will send something like “Denial” so I should not be scared because they will be just asking to complete the health exam. Would you please elaborate?
4- Is there any recommended article in which you discussed what happens after filing the I-485?
1 – You should get a receipt. You may have to do fingerprints, or they may re-use the fingerprints they already have. Eventually, you will get an interview (or not) and then hopefully get the GC. 2 – If you did not send the medical exam, you should either wait for USCIS to ask you for it or bring it to an interview, if you have an interview. 3 – They just send you a letter telling you to send them the medical exam. Sometimes, they send a letter reminding you to bring it to your interview. You should not do the exam now, as it expires after a few months, and so once you get the letter, you can do the exam and submit it. 4 – Not from me, but it is pretty straightforward, as I mentioned in #1. Take care, Jason
hi mr MEA
i did fill out my 1-485 without the medical examin at the begining of august and this mouth i received the RFE and i did submit the exam hopefully wait intill they request and do , that my suggestion . finger cross we both have pending case soon wil get inch allah.
thanks
Dear jason
I filed 1-130 for my wife and i got the approval after 17 month but I didn’t file 1-30 for my new born baby back than but now my son is 17 month but my question do i have to file i-864 for my wife only or for my son as well
I already submitted visa form separately-Ds-260
I have all required documentation
Waiting for i-864 that whether to file jointly or separately
As far as I know, you have to submit an I-864 for each person, but I have not looked at that question in a while, and so I am not sure. The I-864 instructions probably explain that, or you can talk to a lawyer. Take care, Jason
Dear Sharifi,
Would you please tell me which service centre you have applied from? And since the embassies are closed how they will get their visas?
Best,
Maro
hi jason
as we saw earlier uscis interview got postponed due to covid. i am having my interview after 2 weeks . do you think it could be postponed again ?
It could be, but we are seeing interviews going forward in our local office (Virginia). Things are not moving quickly, but some cases are being interviewed. Take care, Jason
Hi, Jason,
I hope and pray that Biden will become president and will change asylum back to FIFO, he can reversenit back, right?
I have another question about address change, should we change the address with USCIS only or also inform SSA too?(for SSN)
Thank you)
Changing back to FIFO will be a decision made by the director of the Asylum Division. I am not sure where other advocates stand on this point, but I think we need more certainty and reliability, and FIFO is better for that. The problem is that the Asylum Division thinks that LIFO discourages fraud (though I do not think there is convincing evidence one way or the other), and I am not sure they will want to go back to FIFO. If you are not a US citizen, you change your address using form AR-11, available at http://www.uscis.gov. As far as I know, you do not have to change your address with the SS office, but you can check their website to be sure. Take care, Jason
i sponser my wife from another country and i have new burn baby. I have a green card and waiting for citizenship ceremony. I field out the I-864 for my wife should i filed seperate I-864 form my 18 month baby too or one is enough
If you are filing an I-130 for your wife and child, you would need to complete an I-864 for each of them (plus all the other required documents for each person). Take care, Jason
Hi Jason I have applied for AP in July and since than there is no news, I know it can take 6 months or more to receive, but is there any way I can asked if it is accepted or not or what is the status for my parole request?
Thank you.
If you have the receipt, the case should be processing. You can check processing times at http://www.uscis.gov. If it is outside the processing time, you can call them to inquire: 800-375-5283. If you have an emergency reason for AP, you can also call them or write them. I wrote about expediting with USCIS on January 29, 2020. Take care, Jason
I Jason and Everyone,
have been chosen to be PETIT JUROR what can I do? Can it affect my Asylee status if I don’t go or go?
Can I find myself in any type of problems with the court?
Thank You
I think you have to be a citizen to serve on a jury. You should contact them for advice and make sure they know your immigration status. If you are required to serve, you should due that, as it is a duty of every US citizen (and maybe non-citizens as well, but I did not think so). Take care, Jason
Salute to Jason, Jamie, Tina and Daniel,
This person(?) Nick is clearly repeating what Fox news drums up from 8 to 11 pm everyday, without a single concrete evidence and you are trying to explain to him(?). I wouldn’t spare a moment to debate with people who always look at what he/she believes in and ignores the stark reality open to everyone. I just read a couple of comments and that is it. It is just waste of our support platform space (Asylumis.com) to even respond to such baseless claims. As Tina said, just ignore him(?).
Dear Jason,
Thank you for your support.
I live in California and I belong to C 9 eligibility category and I need to renew my EAD. Aside of I 765 form, copy of SSCard EAD card and photographs, do I need to attach any other supporting documents?
Do I have to make the payment of filing fee and biometrics services fee in one check or two separate checks?
I am also not sure to which USCIS office to mail my application? The instructions are not very clear, so please could you help me. Could it be the USCIS office that mailed all the correspondence to me?
Sorry, I cannot assist with such specific questions, as I do not know your case. The documents needed sometimes vary by case. Besides what you mention, at a minimum, you would need evidence of the pending application (if it is C-9, that might be the receipt for the I-485). As for the check, it may not be required if you paid the I-485 fee – USCIS seems to have an inconsistent approach to renewal fees, but if you do need to pay the fee, you can write one check including the fee and biometrics. If the fee is not needed, you may still need to pay biometrics. These days, we generally pay the fee for a c-9 renewal, since USCIS sometimes rejects applications where we do not pay the fee. If you are not sure about this, you might want to talk to a lawyer about the specifics of the case, especially if you have any criminal arrests or prior immigration violations. Take care, Jason
The good news is that people like Nick are a minority.
I am so angry, that I want to be thoughtful and careful about what I say. But, the only thing I can hope for is that rational thought comes from both sides. The republicans who are holding onto wishful thinking need to understand, the place where they are now are of their own making. The Georgia run off next year better go in favor of the Democrats. Because Biden needs the breathing room to ensure that his vision and policies come to fruition. If Moscow Mitch ends up getting the Senate, it’s gonna be disaster for Biden. He is just gonna make their lives difficult. Also, democrats need to get the momentum going so that in 2022 more seats can be recovered.
I am not feeling optimistic (if you couldn’t tell). I wish some moderate Republican Senators and the Democratic Senators would form a unity coalition, maybe with someone like Mitt Romney as majority leader. That way, Republican interests would be represented, but we could still make progress on legislation. The two party system is resulting only in stalemate and it seems to me that this is one way to resolve the problem. Take care, Jason
Jason, what is your take on the Republicans using the electoral voters to steal the election? Is this possible, especially in light of the recent SCOTUS ruling on the electoral voters?
I understand that the electoral voters are chosen by the party of the state that won the popular vote for that state. In addition, the electoral voter promises to vote for the winning candidate of the state (as in the person who won the most vote in a particular state). For instance, Democrats would choose the electoral voters in New York as they won the popular vote in that state.
As well, the SCOTUS has recently ruled that it is permissible to enforce punitive measures on members of the Electoral College who cast their vote for a candidate who was not their state’s popular vote winner. Does this mean that the SCOTUS is for majoritarian democracy, and we can rest assured that the SCOTUS will, if the election results reach the SCOTUS, give the win to the candidate that won the popular vote in a particular state? What would the “punitive measures” be? Would the punitive measures be enough to stop the electoral voter from reneging on his/her promise to vote for the candidate who won the popular vote?
I don’t get the need for electoral voters, as, aside from the possibility- at least in theory, and notwithstanding the recent ruling of the SCOTUS-of an election fraught with disaster, electors voting against the candidate who won the popular vote for the state conflicts with, and makes a mockery of, representative democracy. To put it differently, a group of people, called the electors, would be able to subvert the will of the people by not voting for the candidate whom most of the people voted for. So, what’s the purpose of using this archaic and antiquated process? Is it for ceremonial purpose(s)?
Good question – I think we have the electoral college because we have it. It does protect the interests of smaller population states, but at the expense of the majority. That was less of an issue when the executive branch was less powerful in relation to the legislature, but these days, it is more of a problem. I do not know whether Trump will be able to subvert the will of the people, or whether it will ultimately work. What I do believe is that he will do anything to remain in power and there are too many people willing to go along with him on this. If we are saved by our institutions, it will be a close call. Democracy depends on the willingness of those in the system to respect that system and each other. When that is gone – and it is largely gone – we are left in a very vulnerable and dangerous position. Take care, Jason
Jason, I do and don’t have a problem with the Electoral College (if that makes sense). And, I do understand that the U.S. has the archaic Electoral College (“EC”) because it is what is is. My question, however, wasn’t about the EC (as in the whole system); my question is about the electors (this particular aspect of the EC), the 538 individuals chosen by State legislatures that ultimately vote for the President and Vice President, and the implications of the SCOTUS’ recent ruling surrounding how electors vote.
I don’t know much about the rules, but at least in general, most seem required to abide by the popular vote. I feel like any momentum towards undermining the popular vote through the EC is waning, and I hope that is true. Even if it is legally possible to get the electors to vote differently from the voters, such action would spell the end of our democracy. The fact that we are having this conversation is very sad and reflects how damaged our country currently is. Take care, Jason
Jason, thank you for your honest opinion.
Hi Jason,
Thank you, well said and on point. I come from a country where democracy is broken. Believe me, that’s the worst you can do to destroy a country. Its so clear to me that very few people here realize the significance of preseving your democracy the way it has always been.
It’s the soul of the nation. Everything depends on it. Economy, Society, Military, Federal, State, International Relations all need an enabling environment, which is democracy.
In as much as I liked Hilary Clinton to win, I was so happy, and liked her even more, when she conceded and straight away addressed Trump as President Elect in her very first speech after losing. That was a victory for democracy.
In the same election process, saying only my votes are legal, those against me are illegal, may be the start of a vicious circle if every losing candidate follows suit. Take Care
Yes, Hillary Clinton conceded but her party spent 3 years saying that the election was rigged and trying to overturn the results… But, of course, Trump is the real danger for democracy ))
I don’t recall the Democrats stating that the election was rigged. In 2016, Trump claimed that he won the popular vote and that millions of people voted illegally. He produced no evidence, and the commission he created to investigate this alleged fraud produced nothing and then closed its doors. Take care, Jason
So, “russian interference”, “russian collusion” and all talks about impeaching Trump right after the election – it’s not about a rigged election?
There was Russian interference – the intelligence agencies agreed on that. That does not mean the election was rigged; it means that the Russians were improperly using social media and other avenues to influence the election. In addition, those allegations are supported by evidence. The allegations of fraud in the 2020 election are not. Finally, after the election, Clinton conceded. She did not try to claim that the result was fraudulent – there is no evidence that it was, and so such a claim would have been as absurd and dangerous as Trump’s current claims. Take care, Jason
Ok. Allegations of fraud and demanding for recounting – it’s dangerous for democracy.
Claiming that elections interfered, the president colludes with russians and that is why he should be impeached – it’s not dangerous.
Sorry, but there is no evidence of fraud in the 2020 election. Asking for a recount is allowed. Claiming widespread evidence of fraud without evidence is a lie. And there is significant evidence of President Trump’s efforts to get Ukraine (not Russia) to investigate Joe Biden’s son. Too bad everyone who appeared as a witness before Congress was then fired by the President or forced to quit. There is no equivalency here. Take care, Jason
The investigation just started and the court will decide. When the president makes some claims and files a lawsuit – for me that’s is how all disputes and arguments should be solved in an open democratic society. He doesn’t call for rallies, unrest, or military as many democrats expected. He chose the only legal way.
P.S. There is significant evidence that Biden’s son got money from Moscow but nobody even wants to investigate this and Twitter is banning for sharing this story. Trump’s call had been discussed and investigated for months! Yes, there is no equivalency here.
Sorry, but again, much of the Hunter Biden stuff has been debunked or is clearly unreliable. It can be investigated, and just because Twitter blocks something does not mean that an investigator or the FBI can’t investigate. In Trump’s case, he is claiming massive voter fraud. He has presented no evidence, but is making the claim anyway. There is a big MAGA rally in DC where lots of white supremacists have RSVP’d, and so we will hope for no violence, but we shall see. Take care, Jason
Ok, personal notebook with e-mails and mobile phones of all political establishment – it’s an unreliable source, no need to talk about. Ridiculous Christopher Steele dossier, which started all that Russian collusion hoax – it’s reliable, and everybody should know about it. That is double standards.
All evidence Trump will show in a courtroom. And the court will decide. That is how democracy works. You claim something and you go to the court to prove it.
White supremacists on MAGA rally? Realy? I remember you opposed Trump when he called ms-13 gang members animals. Now you call Trump supporters white supremacists? If you call your opponent racist don’t expect him to trust you.
I opposed Trump calling anyone animals, as that is the type of language that specifically led to genocide in Rwanda. Also, I did not say that Trump supports are white supremacists – I said that white supremacists are coming to the MAGA rally. That is correct and the city is planning for it. The bottom line here is not that Trump has a right to challenge results in court – he does. The bottom line is that he is making stuff up about fraud, pushing a dangerous narrative, refusing to cooperate with the transition team (which he should do even if there is a reasonable possibility that Biden won), and undermining confidence in the democratic process based on no evidence. If he wants to claim there is fraud, show us the evidence. Unfortunately, even if he leaves, our country is in big trouble, but we will be in even worse trouble if he manages to stay. Take care, Jason
Nick, democracy means no one should be offended by you supporting Trump. But if you are an immigrant this may interest you.
https://www.nbcnews.com/politics/immigration/trump-adviser-stephen-miller-reveals-aggressive-second-term-immigration-agenda-n1245407
Take Care
Nick, nobody said it’s ok for democrats to do it. Endangering democracy is wrong, it doesn’t matter who does it.
Collusion is wrong, even Republicans and Trump agree that it’s wrong. And they denied ever doing it. But Democrats made public some evidence and they pursued it.
Rigging is wrong and it destroys democracy. But so far no evidence has been made public, and such claims affect the intergrity of the electoral system. Without offering any evidence, Trump started making those allegations way back, before a single vote was cast, casting even more doubt if there is any substance to his claims.
When you call people to request millions of mail-in ballots and then count them for an entire week in swing states – that is what affects the integrity of the electoral system. When media is claiming Biden’s victory when counting is not finished and results are razor-close – that affects the integrity of the electoral system. When social media decide what is the truth and what is not and block information – that affects the integrity of the electoral system. Not Trump making claims and filing lawsuits.
If you people can look up this same Nick from Jason’s post of August 25th of this year, you may begin to see him as I see him- an internet troll. Ignore his spews. They are intentional.
Tina, I just did. You are right. Thank you. Normally I enjoy debating with people of oppossing views because it teaches me a lot that I can’t learn from people with the same view as mine. Discussing with people of the same view as me will just be a repetition of what I already know. But so far, I didn’t learn anything from Nick, except the skill to torelate a mundane debate. Take Care.
Troll (“NICK”), you aren’t no damn immigrant in the U.S. Be gone already! I don’t know who you think you are fooling. OMG!!! The internet trolls and bots are everywhere, and sometimes you think, because they present a personality, you are talking to a person, or they are what they purport to be.
DANIEL, the most surprising thing for me regarding this forum is how aggressive and intolerant people toward different opinions. And it’s here, among people who one way or another stood for freedom in their countries! I believe only you and Jason were able to express your point without insults and arrogance. But the rest is so aggressive, that one even wanted to put me in jail! Think about: asylum seeker wants to pun another asylum seeker in jail for opinion! And nobody condemned it! (by the way, it was a humble opinion that asylum seekers should not participate in elections and let Americans decide who they want to see as the next president). And at the same time, these people identify themselves as liberal and democrat. Probably it’s the same people who tirelessly shout that Trump is an immoral idiot and wished him death when he got covid. Unbelivable.
Well said – many asylum seekers know much better about these issues than many Americans. I remember in 1992 when George H.W. Bush left and Clinton was inaugurated. I watched Bush’s helicopter fly away and thought that it was amazing that the most powerful person in the world lost an election and then simply left. We take for granted how important that act of rule-following is for our country. Take care, Jason
I wonder back then did democrats call their opponents racists, fascists and evil?
People say all sorts of things, and it is not appropriate. However, there is a big difference between someone using strong language on Facebook and the President of the United States using such language and using lies. I have little doubt that if Trump could cheat his way to a second term, he would. That has been demonstrated several times, including as we speak. That seems like authoritarianism to me. Take care, Jason
When democrats call their opponents evil and racists the republicans have little doubt that “fighting with evil” democrats could rig the elections.
Maybe Biden is better for us, immigrants, (which I doubt bearing in mind he was in the office for 8 years before Trump and did nothing to address the backlog issue), but, I believe, it’s a bad choice for America.
NICK, you mean those 8 years that the Republicans essentially blocked or tried to stop everything that the Obama administration did, to the point where Obama had to use Executive Orders, like the one that created DACA? What exactly do you mean by “did nothing”? As well, research the role of a VP for the U.S. At minimum, please read before you post!
Democrats blocked and opposed everything but Trump managed to keep his promises. VP supposed to have the same agenda as the president. And if something wasn’t done or accomplished VP could be blamed for that as well.
P.S. Don’t tell me what to do, ok?
What promises has Trump kept and actually achieved despite having control of the Senate for his entire presidency- as well as the House of Rep, the Executive, and Senate, 2 years into his presidency? We’d expect that decent people would attempt to block many of these illegal orders and “statutory” regulations as they fly in the face of democracy, the Constitution, and the law on a whole.
If you continue talk nonsense I will continue to demand that you use your brain. You can choose to respond or not. And I am not going to massage my responses.
You will demand something from your kids, not from me.
And stop lying. Obama had Senate and House for 3 years and Senate up to 2015 when his policy lead to democrats lose majority in Congress. That was enough time and possibilities to fix the asylum system.
In many respects, Biden will be much better. However, with regard to the backlog, I have little confidence he will be better. That said, my concern is bigger than immigration. By trying to hold power when he has clearly lost, Trump will either destroy our democracy to stay in power or leave us very damaged if he ultimately leaves. That is bad for all of us. Take care, Jason
Dear Nick,
Kindly educate us on Biden and Trump, and how they are good for immigrants and USA, respectively.
Your expertise will be greatly appreciated.
Looking forward to your next post.
Yours sincerely
Tina!