According to the most recent data, as of “July 31, 2020, USCIS had 370,948 asylum applications, on behalf of 589,187 aliens, pending final adjudication.” “Over 94% of these pending applications [about 348,691 cases] are awaiting an interview by an asylum officer.” The remaining cases–approximately 22,257–have been interviewed and are waiting for a decision.
In terms of resources, the most recent information I could find is from May 2019. At that time, there were 763 Asylum Officers and 148 supervisory officers. While the majority of these staff members was devoted to interviewing affirmative asylum seekers, “over 200 officers” were assigned to conduct credible fear interviews at the border (a credible fear interview or CFI is an initial evaluation of asylum eligibility). Assuming everything remains the same (meaning that there are about 563 officers available for affirmative cases) and assuming each officer conducts eight interviews per week, it would take about 15 months to get through the entire backlog–if no new cases enter the system.
Realistically, though, new cases are continuously being filed, Asylum Officers probably can’t adjudicate eight cases per week for 52 weeks a year, and–given the mess at the Southern border and President Elect Biden’s plan to send more resources to that region–it is likely that many more than 200 officers will be assigned to CFIs (which will make them unavailable for “regular” affirmative asylum interviews). In short, even if the pandemic magically disappears, it seems unlikely that we can get through the backlog anytime soon. We are today facing the same problem that has dogged the asylum system since at least 2013: There are too many cases and not enough officers.
So what can be done?
Hire More Officers: One obvious solution is to hire more Asylum Officers. While the President Elect has not indicated whether or not he would hire more AOs, he has set forth an ambitious humanitarian agenda for the U.S.-Mexico border, and it seems impossible that he could fulfill that goal without hiring many more Asylum Officers. Of course, this would cost money, and it is unclear whether USCIS has the means to pay for more officers or whether Congress would be willing to increase the agency’s budget.
Even if there is no additional money available, there are steps Mr. Biden can take to improve the asylum system.
More Efficient Scheduling and Shorter Interviews: The data I found (pre-pandemic) shows that roughly 8% of asylum applicants are “no shows” for their interviews and another 15% cancel their interviews (what percentage of these are rescheduled, I do not know). This makes sense, given the long gap between filing for asylum and attending an interview: People leave the U.S. or find other ways to obtain status here; others fail to update their address and so never receive notice of the interview. To mitigate this problem, Asylum Offices schedule more interviews than they have the capacity to conduct, with the expectation that some applicants will not appear. This seems to me a huge waste of energy. Why not call applicants a few weeks in advance to determine whether they intend to appear for their interview? This should be done after the interview notice is mailed out, and that notice should indicate that the applicant will receive a call from the Asylum Office. Applicants who fail to respond to the phone call can be rescheduled and sent a warning letter by mail. Those who still do not respond can then be referred directly to Immigration Court. Where possible, the calls and notices should be in the applicant’s native language.
There are other benefits to calling applicants prior to the interview: They can be reminded to submit all evidence in advance, and can be queried about what language they will speak at the interview. They can also be told to review the I-589 form and determine in advance what updates and corrections are needed. Better yet, the asylum interview notice can include a form to update the I-589, which is often submitted years before the interview. While not all applicants will be able to complete such a form on their own, many can, and this will save significant time at the interview.
Another way to save time at the interview would be to include a copy of the “bar” questions along with the interview notice. The “bar” questions determine whether a person is barred from receiving asylum (because they are criminals or terrorists, for example). Why not require applicants to review these questions ahead of time, and then certify at the interview that they read and understood each question? Most people will answer “no” to all the bar questions, and if the officer has specific concerns, she can raise those at the interview. Also, while we’re on the subject of bar questions, why do the officers need to ask these questions to children? I’ve seen officers question dependent children as young as three or four years old about whether they are terrorists. It’s just plain silly (though it can be entertaining). We would save a lot of time and trouble if parents could answer these questions for their minor children, or at least for children under a certain age–say 14 or 15.
LIFO vs. FIFO: Another issue related to scheduling is The Great LIFO-FIFO Debate–whether cases should be interviewed in the order received (first-in, first-out or FIFO) or whether the newest cases should receive priority (last-in, first-out or LIFO). All Asylum Offices are currently operating under the LIFO system. The logic is that interviewing new cases first will deter fraudulent asylum seekers, since they won’t be guaranteed a years-long wait for their interview (during which time they can live and work in the U.S.). The Asylum Division believes LIFO is working, as there was a 30% drop in new filings after it was implemented. However, I hope they will revisit this finding. My sense is that any decrease in filings was unrelated to the LIFO policy and instead came about for other reasons, such as fewer people arriving in the U.S. due to stricter visa requirements.
Also, from the perspective of asylum seekers, LIFO is very unfair. Old cases are given the lowest priority, meaning many people will (seemingly) never get to the front of the line. These applicants are facing severe hardships, including separation from family and endless uncertainty. At a minimum, a certain percentage of officers should be assigned to work on backlog cases, starting with the oldest. Better yet, we should return to FIFO and the Asylum Office Scheduling Bulletin, so we will have a more orderly and predictable process for scheduling interviews.
Create Rules for Expediting: One final point about scheduling interviews: We need a more formal system for expediting cases. Currently, it is possible to expedite, but there really are no rules about who is eligible to expedite or about what constitutes a valid reason to expedite. The predictable result is that many people try to expedite, which wastes Asylum Office staff time and also makes it more difficult for the most needy people to expedite their cases. There should be a national policy with publicized criteria about who is eligible for expedition. In my person opinion, the first priority should be people who are separated from their family members, especially minor children. For me, a distant second is a person with a documented mental or physical health issue. Until the Asylum Offices can expedite all the people in these two categories, I see no reason to allow for any other category of applicant to request expedited processing.
Premium Processing: A more radical idea to address the backlog–and one that I’ve been pushing for a while now–is premium processing for asylum seekers. Premium processing already exists for several USCIS forms, and allows an applicant to pay an additional fee (currently between $1,500 and $2,500) for faster processing of her case. Affirmative asylum seekers–in contrast to refugees–have paid their own way to the United States, and so presumably, many of them could afford an additional fee for premium processing. Also, while the idea of asylum seekers paying for their cases may seem unpalatable, the Trump Administration has already implemented a non-waivable $50 fee for all asylum applicants (as of now, that fee has been blocked by a federal court), and so the taboo of paying for humanitarian protection has already been broken. Thus, as I see it, there is no valid objection to implementing premium processing for asylum seekers, and–given the overwhelming humanitarian need–it is a solution whose time has come.
How would premium processing help? For those who pay, their cases would be interviewed more quickly. How quickly, I do not know, but premium processing for other USCIS forms is currently 15 days. I doubt that time frame would be realistic for an asylum case, but perhaps 60 or 90 days would be achievable. Even those who cannot pay would benefit, as the infusion of money into the system would benefit all applicants. An added benefit from the government’s viewpoint would be that faster processing would–if we accept the LIFO logic–help discourage fraudulent applications. So premium processing is a win all around: For the applicants who pay, for those who do not pay, and for the U.S. government.
Eliminate the Asylum Office: A final idea–perhaps the most radical of all–is to eliminate the Asylum Office altogether, at least for most cases. Under the current system, an applicant files an asylum case, and if he loses, his case is usually referred to Immigration Court where an Immigration Judge reviews the case de novo and issues a brand new decision. As an advocate, I am grateful for a second chance to present my clients’ cases. But in terms of “the system,” this type of redundancy is not very efficient. One solution might be to shift all asylum cases where the applicant is out-of-status to the Immigration Court. Or maybe just leave vulnerable applicants–such as minors–at the Asylum Office. While this idea has been floating around for years, it is still unclear whether it would result in more or less efficiency. In any event, given the current mess, nothing should be off the table, and the idea of (mostly) eliminating the Asylum Office might warrant further study.
For the sake of asylum seekers and their families, and for the integrity of our humanitarian immigration system, we need major changes to the affirmative asylum system. Perhaps some of these ideas can contribute to that effort.
[…] Goodbye to LIFO and Hello to FIFO: I’ve written extensively about the unfair and unpredictable nature of the “Last In, First Out” […]
Hi jason
What is your opinion about new administration giving out citizenship to undocumented. Are the asylum seejers in this ?
Do you know what is the help asylum applicants will get who are waiting for so long?
Do you know if the cases will be looked at faster ?
Please share your thoughts i have been waiting for your posts ever since joe biden is the new elected president.
Thank you
Kayra
The Biden plan has not yet been released (except for a general statement) and so we do not know specifically how it would work and who would benefit. Also, for the major component of the plan to be implemented, Congress will need to change the law. Whether that will happen, we will have to see. I suspect we will know more in a few days, and then I will try to post something about it here. Take care, Jason
Thanks so much Jason for helping us. I appreciate what you say!
M
Hello Jason and everyone
On which email address should I send my i730 expedite request?
I think you have to call (800-375-5283) and try to reach a human being, which ain’t easy. I wrote about expediting on January 29, 2020, and there is also this page: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request. Take care, Jason
Hello Mr. Jason
Using FGM for asylum, is it categorize as fear of home government or a social group
Normally, it is PSG. One formulation is: “women in ethnic group X that performs PSG.” Normally, in such a case, the persecutor is not the government, and so you also have to show that you cannot live safely elsewhere in your country and that the government is unable and unwilling to protect you. Take care, Jason
Hi Jason,
My husband and I are asylum seekers. He filed his case back in 2013 and I filed mine in 2015 (we weren’t married or knew each other at that time). We both were transferred to court then they combined our cases to appear before one judge. Our case was scheduled on Nov.2020 in NY, due to Covid it has been pushed to Mar. 2021as we were told courts are closed.. and today we received the devastating news that it’s rescheduled to Dec.2022 !
He has a son from a previous marriage that he hasn’t seen in years! I need to know if we can expedite our case once courts are open.. my husband also has a heart disease and is deeply scared that he wouldn’t see his son. We were having high hopes for Mar.2021 but to add extra 2 years? Please let me know what our options are, if we have any!.
Thanks!
You can try to expedite, and both those reasons (family separation, health problem) might help. I wrote about expediting in court on April 20, 2017 – maybe that will help. Good luck, Jason
Keeping my fingers crossed:
https://www.politico.com/news/2021/01/12/kamala-harris-immigration-green-cards-daca-citizenship-458455
What would this mean for asylum seekers ? Are we in the path as well ?
Hey everyone .
Has anyone recently gotten interview decision form Arlington office? If yes can you please share your timeline
I had my interview on Dec 2rd 2020 and I’m still waiting for a decision.
Thank
Hello Jason
I am filing i-485 for my 5 year old daughter, she was arriving here before a year. On part 10 of the i-485 form, there is Applicant statement. As she can not read and understanding what is going on, which of the three choices(1.a, 1.b and 2) are best for such cases please.
Thank you
Hi dear Jason i applied for asylum and waiting for interview for almost 5 years now and now i want to apply for the I-131. In part 2 which section should pick? If anybody can give me direction. Thank you
If you have pending asylum, you would apply for Advance Parole. I wrote about that on September 11, 2017. Take care, Jason
You should be sure that she is eligible to adjust, but if she has asylum, then she should be fine. For young children, we have the parent sign the child’s name and then initial next to the name. I am not sure exactly what the questions are that you are referring to; if you post them here, I will try to answer. Take care, Jason
Hi Jason,
I am a DACA recipient for about 6 years now and my grandmother is old and sick. She raised me and I would like to go and see her. I am aware that Trump presidency got rid of advance parole but wanted to check if there were some changes about it. Can I apply for advance parole now (of course I would submit my grandma’s doctor notice and etc)?
Thank you.
I don’t know a lot about DACA, but as far as I know, you can still file for Advance Parole. Check the I-131 web page at http://www.uscis.gov to be sure. You might also want to talk to a lawyer who knows more about DACA, as AP is not cheap and you don’t want to pay for that if you are not eligible. Take care, Jason
Hi jason my question how long take to approve for green card for reunion while Im in side usa
Sorry, I do not understand the question. GCs are very slow, but it depends in part on the basis for the application. Take care, Jason
Hi Jason, I have pending I-485 application since May 2020. A few days ago we requested expediting due to mental health reason but USCIS denied.
My question is if I want to try one more time, it’ll negatively affect my case?
I am an ethnic minority from China, some genocide and concentration camps are happening in the home country(this has been published in media), and my family living in danger. Faster becoming a US citizen could protect my family from the government and at this point waiting time for GC is really matter. I was wondering if it can be a strong reason to request another expedite again.
thank you.
Hi DANIEL,
Would you mind share your timeline ?
Thanks!
I do not know that USCIS would consider that a strong reason, especially if you need to file for a parent or sibling, where you need to be a US citizen (which will take another 4 to 6 years). That said, I do not think there is any harm in making another request. You might also consider contacting your Congress person for help, though at the moment, they are a bit busy. Maybe if things settle down in a week or two, you can see whether they can help. Links to the House and Senate are at right. Take care, Jason
HI Jason,
Do you think Biden’s election will affect processing times for asylum-based adjustment of status ? If yes, how long do you think it will take before we see improvement in the processing times?
Thanks
I hope a new Administration will start to put USCIS’s house in order, as that agency is a disaster. I suspect it will not be a fast process, but we shall see. Take care, Jason
Pls, I need an urgent reply.
As anyone renew the home country passport. What is the implication .
It depends on the case. If you are an asylum seeker and you fear your home government, the Asylum Office or judge might be suspicious that you renewed your passport (and that your government was willing to renew the passport). In most cases, this is not an issue, but it could be, and so you should be prepared to explain if asked. Take care, Jason
Hi Jason,
What happens to your citizenship from the country of origin when an asylee becomes a US citizen? Does the process of asylum de-naturalize you from your country of birth? And what information is shared with the government in your former country?
It depends on the law of your country – some countries do not allow dual citizenship. But from the US perspective, there is no effect. Also, as far as I know, the US government does not notify the home government about a citizenship approval. Take care, Jason
Hello Mr. Jason
Using FGM for asylum, is it categorize as fear of home government or a social group
Me and my wife applied for EAD renewal together in August and did fingerprints together on 7th December my wife received her EAD today but when I am check my status online it still shows that fingerprints taken on 7th December
Is that normal
Regards
Najeeb
It is common for two people who apply at the same time to get their EADs at different times. My guess is that yours will arrive soon, as that is usually what happens. If the EAD is outside the normal processing time, you can try to call USCIS: 800-375-5283. Take care, Jason
I have sent the asylum relatives petition i 730 on 12 march 2019 to Texsas service center. It’s almost 22 months to sent the application. Is there’s any way to expedite the case process. If they keep pending my application so can i for lawsuit against USCIS to make decision on my petition??
Thanks & regards,
Abdul khan
I wrote about expediting with USCIS in general on January 29, 2020 – maybe that would help. Also, at right is a link to the I-730 Family Reunification Manual. Maybe that would have some helpful ideas. I guess you can also consider a mandamus lawsuit. I-730 cases are moving very slowly – it has been a real problem lately. Take care, Jason
Jason,
My i730 petition has been pending for 17 months. I do know the processing time, as posted on uscis site is not yet due. It indicates a max of 31 months in TSC. I tried to expedite 4 times, but was not successful. The thing is this specific i730 case processing time is extremely slow, inconsistent and unpredictable. Can I try the mandamus lawsuit ? Can you say something on this?
Thanks
Sambod
I think you probably can try a mandamus lawsuit, but I do not know much about that. You would have to talk to a lawyer who does such cases and see what they advise. Also, you might try the USCIS Ombudsman (a link is at right). They can sometimes help with delayed cases, but since the case is still inside the insanely-long processing time, I do not know that they can help. Nevertheless, there is no harm in trying, as it is free and only takes 10 or 15 minutes to submit the request. Take care, Jason
Hello Jason
Thank you for helping asylum seekers. I have no questions but wanted to let you know that i send my 4th EAD renewel to Texas center and got reciept within in 5 days( saw it in informed delivery) not actually seen it though. The fee check was withdrawn after 3 days of sendind my packet. Just wanted to let you all know if it helps.
Thank you
Thank you – many people are waiting a lot longer than that. But I guess it illustrates how unpredictable USCIS is these days. Take care, Jason
What’s the mailing address for I-765 in Texas
Thanks
It depends on the category – you have to check the I-765 web page at http://www.uscis.gov. For asylum pending, the category is c-8. Take care, Jason
I agree with your ideas but nevertheless I have another one which will benefit A LOT of people (Including myself). Wouldn’t be beautiful if they come out with a immigration reform to provide Permanent Residence or immediate “Asylee” status to all the Affirmative Asylum cases that has been pending for 4 or 5 years under some conditions like: living physically in the country during that time or 2 o3 more years I don’t know, No felonies, No Conviction or anything illegal evolving the applicant, good moral character, some sort of ties to the United States, have a full time job, taxes done on time… I don’t know…
That way they will find a relief of the system and grant resolution for all of us whom have been waiting for the interview. I’m your client Jason and this February is going to be 5 years since I have filed waiting for a interview date.
What are your thoughts?
I think some type of amnesty to clear the backlog would be a great idea, but I have not seen any talk of that. We’ll see how things shape up as the Biden Administration starts explaining its policy positions in more detail. Take care, Jason
I would like my one year plus status in the country as an asylee be included in addition to wait time for getting biometrics done and approval of the green card/permanent residence to count towards citizenship.
PENDING ASYLUM, your recommendation doesn’t make any practical/legal sense. The law requires that BEFORE someone can get asylum status, s/he MUST demonstrate that s/he meets the definition of a refugee. If the government confers asylum status on everyone waiting for asylum, that would “relegate” the asylum system, irrespective of how long the applicant waited, to a kind of amnesty or dispensation.
There are more creative ways to solve the asylum backlog- dishing out asylum and refugee statuses, especially to those who are not genuine refugees, is not the answer.
What you could suggest, however, is that those who have been waiting for an unfair amount, especially if they have been contributing meaningfully to society, could request amnesty-not asylum.
I think that we need a general amnesty to clear out the backlog, deal with 11 million undocumented people, identify those who truly should not be here, and basically have a re-do for the entire immigration system. I don’t think that will happen any time soon (or ever), but wouldn’t it be nice (at least until we screw things up again!). Take care, Jason
Yes, so true.
Hi all,
After web page is showing interview is scheduled how long takes actual notice come by mail?
I don’t know that it is very predictable, but I think it should only take a week or two in most cases. Take care, Jason
I had my asylum interview on November 24th still waiting . No answer as of yet .
Hello Jason,
Is there any implication if an asylee did not renew her EAD, Can this affect her chances of getting the green card.
Thank you
Asylees can work legally even without an EAD, but the EAD makes life easier and the first one is free. If you did not get it, you can apply for it (form I-765, available at http://www.uscis.gov) or if you won asylum in court, you have to Google “post order instructions in immigration court.” Whether you have it or not should have no effect on the green card application. Take care, Jason
Hello,
I have applied for GC for approved asylum last June. I have also applied for EAD that was received at the USCIS lockbox on November 12th but I have not received any receipts from USCIS since then. Has anyone on here had to wait that long to receive a notice? I emailed the USCIS once and they did not respond and today I sent them another email.
regards
they received mine by the end of October.
No action, no receipt, no-fee withdrawal
The lockbox system is collapsed I guess.
We are seeing some receipts take 2+ months, so that may be the issue. If you are sure it was received (maybe you have a USPS receipt), then you should be fine. If not, you can try calling: 800-375-5283, but it has become very difficult to reach a real person. I would give them a couple more weeks, since the situation is such a mess, but at some point, maybe you will need to file again and include an explanation that you filed previously but that your application disappeared. Take care, Jason
Same here. Application (i485 asylum based) sent November 20th and I have yet to receive a notice. Please let’s keep one another updated on any news.
Same here: documents arrived on the week of Thanksgiving. No confirmation, no check being cashed out since then.
Dear Jason USCIS has now changed the filing location for certain states that where headed for Texas (i485 based on asylum ) they now go to Chicago , what does the new change mean ?
So my guess is they might want to relocate the cases directly to field office, instead of service centers.
Now with the new rule regarding interviews, if they default back to interview every applicant unless waived, like most/all employment or family based AOS, then it make sense to directly let the field office to adjudicate I-485.
Just my guess.
Hi Susie,
I do not think Asylum based Adjustment of status (I-485) falls in those categories. It might help in terms of reducing the backlog or processing times but based on the link, those cases are not relocated to Chicago. Maybe Jason can correct me on that.
Here is the link https://www.uscis.gov/i-485-addresses
I don’t remember a change in filing location, but I check every time (since things change often) and I just send to wherever address is listed. I don’t really pay much attention to whether it might have changed. Take care, Jason
USCIS moves cases around depending on their work load, but I do not know why they would change filing locations. It is probably to do with internal processes, and I doubt it would have a substantive effect on processing, but I have not heard anything specific about this. Take care, Jason
Thanks all. I have a question related to immigration. Jason do you or anyone know if embassies or consulates internationally have resumed processing immigration visas. My brother and his family received their family reunion visa January 28 but couldn’t travel before covid restrictions and now their entry visas have expired.Does anyone know what is happening to all those who are in a similar situation (i.e. immigration visas expired due to not being able to travel due to covid restrictions).
I think visas are being processed, at least at some embassies. I am not sure if there was an extension of the visa due to Covid or if they need to get a new visa. Maybe you or they can email the embassy to ask – normally, if you Google the embassy, you can find the contact info for consular cases. Take care, Jason
I have a question for people who attended interview, waiting for decision or received decision.
It’s been one month since my interview, but no decision yet.
I know covid-19 has made things slower, plus the holidays were around the corner when I attended.
Has anyone who recently attended an interview received a decision?
How long did it take to receive decision?
I had my interview in March 2019 no decision yet.
Had my interview in July 2018 but still no decision. Hope you get yours soon. It’s stressful waiting.
Jason,
When the office approves after sometime the interview, what date they use on the approval?
If for example I have my interview 18 months ago and receive approval today, will I get today’s date or interview for the approval. I heard from one of my friends he had interview date on the document. I am guessing that it is the date we use deciding the GC application. Considering the damage that we get from Delay having approval date as interview date would help to decrease the wait time right?
It varies – but usually it is a recent date. Sometimes there is a delay of a few weeks or even months between the decision and the day they mail out the approval letter, but it is rarely back-dated more than that. Take care, Jason
hi jason
my immigration case is terminated by a judge. due to i730 approval,
1 . I didn’t receive the termination letter yet, how long usually it takes? do we gonna need the termination letter for the purpose of applying TRAVEL DOCUMENT and later for the i-485 green card adjustment?
2. is there any way to request for termination letter from the court. in case we didn’t receive it? if yes do they gonna send it to my address or the lawyer mailing address
1 – I do not know that you need the termination letter for those purposes, but you might. The court should issue an order, and you can get it from your lawyer, or if you do not have a lawyer, you can get it directly from the court. You can contact them if you follow the link at right called Immigration Court. Take care, Jason
Jason i got call from my lawyer today,asylum officer told him they will accept expedite interview but they want me to come without lawyer that is requirment to set expedite interview. I applied 5 years ago, and i accepted will go without lawyer. What do you think?
I never heard of such a thing. It would violate your rights, as you have a right to a lawyer. Maybe it is some sort of pandemic thing, but it makes me suspicious. You can email them to confirm that you are not permitted to bring a lawyer – you can find their email if you follow the link at right called Asylum Office Locator. take care, Jason
Yes it is very strange and my lawyer asked me if i want to attend without him and i told him yes since i wait for more than 4 years. They told him if i want expedite will need to visit alone if i want to wait more i can come without him. Not sure what to do but i accepted this. Do you think this.will reduce my chances to pass ?
Do you have any doubts that the lawyer is telling the truth about this? It is a very unusual request and it is hard for me to believe they are really saying that to you. I would email them directly to see if they can confirm. The lawyer’s job at the interview is very small, as it is basically a conversation between you and the officer, but it is good to have a lawyer there if possible, as they can take notes, and ask questions at the end to clarify any issues. Many people do not bring a lawyer, and in most cases, it probably does not make much difference, but if the officer is bad, it is safer to have a lawyer (though few officers are bad in this way). Take care, Jason
They told him its because od pandemic, that is reason why they want to limit number of people inside building.
It still seems very odd. In our office, the applicant, the officer, and the lawyer, each have their own room and we are connected by video conferencing. Can the lawyer be present by phone? I would ask about that. Take care, Jason
Jason, I agree that it’s unusual and possibly illegal. However, I think that because of the COVID restrictions and the expedite request, in and of itself, the proviso, for want of a better word, is that the applicant can’t bring his/her lawyer to the interview. The law does not guarantee an expedited interview (even though the provision allows for a lawyer at a “normal” interview); therefore, one could reasonably argue that approving/accepting an expedite interview request- provided that certain conditions are met- is wholly discretionary (discretionary for USCIS) and optional (for the applicant). In fact, on the USCIS website, they clearly say:
1. “A decision on an expedite request is not an approval or a denial of the underlying benefit request. The expedite decision simply informs the requestor whether USCIS will take the benefit request out of date order and issue a decision (approval or denial) faster than the normal processing time.”
2. “USCIS has the sole discretion to decide whether to grant or deny a request.”
If this were a “normal” interview scheduled, then I would tell the client to “lawyer up”.
I actually disagree with this. It seems to me totally improper for them to impose such a condition. Basically – we will give you an interview if you agree to waive your right (right!) to an attorney. What other rights might they require an applicant to waive in order to get an interview? It seems to me a dangerous precedent, and I just do not accept the idea that they have space for one person but not two. At a minimum, the lawyer should be able to appear by telephone (just as the interpreter appears by telephone). Take care, Jason
Jason, excellent point about the lawyer appearing via telephone! Your second point about waiving other rights for an interview also makes me wonder if USCIS would tell a non-English speaking applicant, for example, that s/he can only attend the interview if s/he doesn’t take an interpreter with him/her, under the guise of COVID-19 restrictions. Points taken.
Under the new Covid rules, the asylum office now supplies a telephonic interpreter for most languages. For that reason, I don’t see why the lawyer could not be present by telephone as well. It just seems strange to me (though frankly, I am always happy to not attend an interview). Take care, Jason
Hi Jason
Is there a way to know when shall the interview take place according to year of filing as asylum applicant ( I 589)
Jan 2017.
Thanks.
There used to be, when USCIS published the Asylum Office Scheduling Bulletin (which could at least give you some idea about when to expect an interview), but that was eliminated in 2018, and now there is no way to know. Take care, Jason
It looks like they are trying to, at least, refer you to the court…
I could be wrong, but please def come back after ur interview
They said because my lawyer is coming from covid hot spot. Not sure why they want to reefer me to court i have strong case and i applied in 1 year time frame.
Well…that’s what they said…
Good News!!!
I got my asylum approval this week. I want to share my timeline. I applied in 2016 December. I was in the short list and sent letter 2 times to Chicago Office. I got interview date for March 2019 and December 2020 I got my decision. It is obvious that everything is so slow but at least there is still progress. I wish the best for everyone. This is big burden for asylum seeker.
Congratulations,
Our timelines are pretty similar. and the same office. After the interview have you done anything?
What is the date on the approval letter? Is it the interview day or this week? if it is from the 2019 then you can apply for green card right? Please tell us about your employment card when you receive it.
I am still waiting for my decision.
Thank you…
I haven’t done anything. I knew that average response time was around 1 year. I just waited with patience. Green card application one year after approval. It doesn’t depend on year. I will one more year for DC application.
Thank you for sharing this and Congratulations! We need some good news these days. There is a link at right called Benefits for Asylees that might be of interest to you. Take care, Jason
Have you attend with lawyer? They approved my expedite request but want me to come without lawyer.
Krso,
As Jason stated above this is not a normal practice. I have never heard that the office limits the lawyer’s participation. If this coming from your lawyer you may want to check with the office. By the way how you learn about this? email? letter? phone call? Make this official in case if you face unfair enforcement you may want to defend your rights at the next step, But still, I do not believe the office will ask something like this
My lawyer was with me. I prefer doing everything with my lawyer. That’s interesting. I don’t understand and it doesn’t make sense at all.
Congratulations Andrew,
Please can I ask if you got the decision notification on the website before you got the good news in the mail.I got a second interview notice and also request for evidence but it never showed up on my case status.
Thank you Jason for being there for the asylum community
I got mail then I checked the website :). I was looking at the website regularly. But I gave up looking at website last a couple of months. It was a good surprise for me.
January 6 2021 the day I was shocked forever , Capitol Hill invasion… Jason I am speechless , this is what I ran away from
And now we are living this nightmare … again no words … ?? Just
Agreed. It is a horrible day for our country. Hopefully, this will be a last gasp, and not the beginning of a continuing trend. Take care, Jason
Hi sir Jason,
I have applied for advance parole and approved. I have a question about traveling with AP but my visa is expired and the other thing is when I arrived at first in USA I have stayed 2 months extra than my 6 months entry. Let me know if those two factors can effect me in any way?
Thank you very much for your and support.
Just so you know I have a pending asylum case still waiting for interview.
They should have no effect, and as long as the AP is valid, you should be able to re-enter the US. I wrote more about AP on September 11, 2017. Take care, Jason
Thank you sir Jason for your prompt reply and support for asylees.
You are the best.
Dear jason why is the i485 on uscis site expired . Their later edition is from oct 2020 I believe expired … I’m about to file this form , what can I do
About this ? I t is 2021 already and most forms are fresh except this
If you check the USCIS web page for the I-485, it indicates which editions of the form are accepted, and the version available at http://www.uscis.gov is acceptable. Take care, Jason
Dear Jason,
I read this article with great interest. I felt like you read my mind. You touched every critical point that should be addressed in the affirmative asylum seekers’ immigration process. You know the problems and you know the solutions as well. I wish this article would be read by the people who can bring change in the immigration process. The problems and the solutions you provided here have the power to change the affirmative asylum process entirely. Please use your connections and share these wonderful points you raised in the article with the responsible people. You can change a million lives for the better.
Last but not least, I would like to say thank you very much to bring this perfect article to the discussion and thank you for being a voice for voiceless people.
God bless you and God bless your family.
Regards
Mak.
Thank you. I fear that soon, people from the US will need to seek asylum in other countries. But I have learned from my clients – many of whom have survived through great trauma – that we can persevere. Take care, Jason
Hi Jason, I have a question regarding the renewal of EAD application.
So I filed the I-765 to renew my EAD in November 2020.The filing fee that I sent with my application was $410. When I read the instructions I though that my Asylum category (c-08)may require biometrics service fees and I didn’t send the required fees in my application ($85). I’m reading right now that some applicants have sent $410+$85 with their application!! I’m at the end of my rope Jason here and I’m so worried that my application will get rejected because I didn’t send the $85 for the biometrics (The instructions for I-765 stated that I might require to appear for biometrics and I thought when required to , that’s when I have to pay the fees) !! What is your suggestion please? Thank you so much
My guess is that you were required to pay the extra $85, but if you are a member of Casa de Maryland or ASAP, you do not have to pay. Also, there has been a lot of litigation regarding USCIS’s fee increase, and much of that has been blocked. However, as far as I remember, the biometric fee is required. I think your only option now is to wait and see what happens. Unfortunately, USCIS (and the US postal service) are so slow that you are facing a lot of delay before you can learn what USCIS will do. I do not know whether they will reject your case for improper fees or maybe send you a request for the additional fee, or whether they will simply process the case. I suppose one idea would be to join Casa or ASAP and have proof of membership, and then send that to USCIS (though how they can match it with a case that is not yet receipted, I do not know). Another alternative would be to send a new application with the $495 and an explanation, but that may be a big waste of money and it could also complicate matters to have two applications filed. I guess if it was me, I would wait to see what happens, and then if the case is rejected, send it again, but I am not sure there is a correct answer here. Take care, Jason
https://www.uscis.gov/feecalculator
there is a link you can check here.
Hi, Jason, Happy New Year!
You made some very good points- like revisiting the FIFO/LIFO way of processing applications (given the inherent unfairness of what is currently being used), standardizing the rules for expediting cases, a more efficient scheduling system, and hiring more officers (btw, am I the only one who thinks that hiring more officers, for the both the border and the asylum offices, is one of the most obvious solutions?)
I’ve been thinking about asylum applicants- or anyone applying for any immigration benefit for that matter- paying for a premium service and I am not sure how I feel about this idea. To me- and I understand that paying for a premium service can help put a small dent in the asylum backlog- this is no different from the so-called “public charge” wealth test, or a system that favors those who have the financial resources to pay their way forward. This idea, if implemented, would quite literally, regardless of the strength of the asylum claim or genuine/urgent need to expedite an asylum case/interview , put those who can afford to pay to get an interview, in front of the asylum line. I honestly don’t see how different this is from paying for an interview. One could also reasonable argue that implementing a premium service is tantamount to the government implementing a punitive measure against those asylum applicants who can’t afford to pay for the service/to get an interview. It’s almost as if the government would be punishing those who can’t afford to pay, for a crisis- yes, it is a crisis- that is not their fault, by asking them to pay for their application to be considered. Asylum applicants should not shoulder the burden for the government’s mismanagement, ineptitude, and, in some instances, corruption and intentional destruction, of what is supposed to be a humanitarian system.
I wish you’d elaborated more on the point you made about abolishing asylum offices. I don’t know if I completely understand this particular point. By “Eliminate the Asylum Office”, did you mean to get rid of all asylum offices and send all asylum applicants, including those stopped at the border and those already in the U.S., to immigration courts? If the answer to the foregoing question is “yes”, are you therefore proposing that all affirmative asylum cases become adversarial? If “no”, what would be the substitute for the asylum office? As well, and if “yes”, would the courts be able to handle all these cases that suddenly get sent to them for adjudication? Would they hire more judges and open more courts? Would immigration judges be trained to take into consideration the applicant’s psychological trauma and stress, as a result of the persecution(s) the applicant suffered? These are just a few of my concerns about this recommendation.
I have some misgivings about premium processing as well, but I think many asylum seekers could pay, and given that I have real doubts about increased funding, I think it is an idea worth trying. Also, I disagree that it would be punitive to those who could not pay. I think they would benefit as well, by having “premium” cases removed from the mix, and so there would be more resources to process these “economy class” asylum seekers. The optics may not be great, but in practical terms, I think it would help many people. As for eliminating or partly eliminating the asylum office, I should have mentioned that the idea would be to shift those resources to the courts and DHS. I cannot say I endorse this idea, but I think it is worth studying – would it reduce backlogs (or maybe make them worse)? Would it be harmful to asylum seekers? I don’t know. But I think it warrants further study. Many cases in Immigration Court originate at the asylum office (including some cases where the person is not really interested in asylum but uses the asylum process as a vehicle to get into court to pursue other relief), and so eliminating this redundancy might – might – make the overall system more efficient. Take care, Jason
Jason, thank you for elaborating and your response. I would have to respectfully disagree with you on those two points.
I think you are in the majority on those points. Take care, Jason
Hi Dear Jason, I have a question regards of adding the spouse, if I file my asylum application as single person than married while waiting for interview, can I add my wife into my case? I got married while I was in another country and used AP for traveling.
THANK YOU IN ADVANCE!
If your wife is in the US, you can add her to your case and she can get an EAD while she is waiting. If she is overseas, you can add her to your case, and include evidence of the marriage (marriage certificate, photos, evidence of travel to see her, etc.). You would submit all that prior to the interview, and update your I-589 at the interview. If you win the case, you could then file an I-730 petition to bring her to the US. Take care, Jason
Hello, happy new year, i am preparing my Ead under c8, there is one question which my current status what should i put cause i got here by B2 visitor but its expired should i put asylum pending or no status,?!
Thank you so much.
We usually put asylum pending, though sometimes, for no real reason, we put B-2 or B-2 expired. It does not seem to make much difference. Take care, Jason
Dear Jason. You are a profesional in this field . A person who has a political asylum case approved and he is about to apply for AOS , this person still is an activist of this political party from which he sufferered prosecution … for purposes of Maintainimg Asylee status is it safe that this person is still an activist overseas or do they have to cease and stop all membership association when adjusting status ? This is in regards to dates of groups involvement questions on AOS , which in this case would be from the time of prosecution – present .I hope this makes sense .
As long as there is nothing illegitimate about the organization, I do not see why it matters one way or the other. You should make sure that the organizations you list on the I-485 are consistent with those on the I-589, and if there are differences, you should explain why (for example, maybe you were a member of a group and then quit that group). Other than that, I do not see why this should have any effect on the AOS. Take care, Jason
Hi Jason,
I am going to renew my EAD, do I have to do the biometric again? I am confused and seeking your suggestions.
Have a blessed day.
Dona
I have same question.
Most people have to pay an extra $85 for biometrics, but whether you actually will need to do them seems a bit random to me. Many people do not, but some people do. For us, we just tell our clients to attend the appointment if they get a notice about biometrics. Some do; some don’t. Take care, Jason
Hi Jason and all,
Could you please tell me what is validity period being given for EAD renewals? is it for 1 year or 2 years?
Thank you.
I have same question.
For c-8, asylum pending, it is 2 years. Take care, Jason
Hi Jason,
May I ask, do you know how can I deal with an employer who insists on requesting additional immigration documents other than what’s required for I-9.
Having a lawyer talk to my employer doesn’t sound like a good idea ( risk losing my job). But will my own words have any weight ?
And may I ask, in your knowledge, do you know how prevalence this ignorance is ? Namely, employers are barred from asking employee’s immigration status. and requiring more than what’s needed for I-9 is document abuse ? It seems to me a lot of them don’t know. is it normal ?
I don’t really know, but my sense is that it varies by employer – big employers with HR departments probably know a lot. Other employers know very little. USCIS does have some decent resources if you Google I-9 compliance. There is also e-verify, which might help. I guess you could also get a letter from a lawyer verifying that you are eligible to work and citing the relevant rules. Unfortunately, it is tricky, as the law may be on your side, but an employer is usually in a position of power since they can fire you. I suppose in the worst case, you could talk to an employment lawyer, but that is probably not what you need at this time. Take care, Jason
You are right in nailing it.
the law may be on your side, but an employer is usually in a position of power since they can fire you ( Tho immigration status discrimination is a consequence the employer needs to think about…)
So, in this situation, when law is on my side. but power lies on others, as is usually the case when asylum seekers deal with USCIS, DHS, ICE. What can an asylum seeker do in such scenario ?
I already know that fleeing or resisting arrest is not advisable…but could compliance really do any good ? Since I know some of the USCIS, DHS, ICE like to trick people…
With regards to the employer, I think it is best to politely explain the law and present evidence (such as USCIS web pages). If they do not accept this, I think then you have to decide how you want to proceed. You can certainly threaten (or politely threaten) to take action because you think they are discriminating, but whether that is a worthwhile move is up to you. Ultimately, of course, you can sue them and – if they violated the law – win. That is a big pain, but it is an option and I do think you should not let someone else trample your rights; it’s just that some fights are worth fighting and other times, it is best to just move on with life. Take care, Jason
Hi,
I just joined a new job opportunity last month. During the I-9 completion process you should only have to present your valid EAD. The I-9 instructions are pretty clear. If your employer is violating these rules then they are are ignoring labor laws. My H.R manager only asked me for a valid EAD. That should be enough. It is not the employers job to investigate your immigration status. Also if a job offer is cancelled due to your immigration status then that is also illegal. You have the option to take legal against an employer who cancels a job offer based on your immigration status.
I wish I could meet H.R. like that.
JOE is actually right. It’s the employer’s responsibility to ensure that you are authorized to work. The government provides resources for employers to use.
Hmmm, you can re-enter using an old visa from old school as long as it’s valid. Do you mind give some hints about what that school is ? Cause I am worried they could advise wrong information and bad consequences could happen ( like yours )
Jason,
I have a strong and well-grounded case I submitted for affirmative asylum. In my interview 2 years ago, I responded to those bar questions clearly “no” for all except the first one. My attorney was with me. For the first question, it was saying something like “do you have any accusation against you for being a terrorist”. As it was my argument in my case that the government allegedly placed my name on a legal document that they claimed those people have an association with a terrorist organization( which is not a terrorist group accepted by the USA). For the sake of consistency, I replied “No but the government assumes that I am a terrorist as they listed me on that list and added but “this is not true.”
Since then I feel really bad considering that I should have said straight NO to that question as this may confuse them. Do you think this would be the reason for my delay in receiving my decision as they say my background check is not completed yet?
I doubt that is the reason, as this is a common story, particularly for certain countries. I guess it is not impossible though. If you have not done so, you can email the asylum office about the decision – you can find contact info if you follow the link at right called Asylum Office Locator. You can also try the USCIS Ombudsman (link at right), which sometimes helps with delayed cases. If all else fails, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Hello Jason,
Happy new year and hope you are doing great! Here is a situation am facing .
I was admitted to grad school after my OPT expired. My grad school advised me to go home and renew my visa but I still had a valid multiple entry visa in passport from my old school.
I went home and paid the visa application fees and the SEVIS fees for the new school but my visa denied because of I couldn’t adequately show that I would support myself financially.
However, the old valid visa on my passport was not stamped or marked invalid but I don’t know if it has been cancelled electronically. That being said: I am left with two options:
1. Try to reapply again for a new visa
2. Try to return to the USA with the old visa on my passport and the new i-120 from my new school
Which of the two options would you suggest? Thank you very much your time and input.
I do not know whether you could re-enter using the old visa or not. I think you need to talk to a lawyer who does cases involving student visas. Maybe the school could recommend someone. Otherwise, I guess any immigration lawyer can research the question. Of course, it may just be cheaper to get on a plane and try to come to the US. The problem is that if the visa is canceled, they will hold you at the airport until you can get on a plane to leave, which can be a few days (or maybe more with the pandemic) and might also be expensive. Probably the better bet is to talk to the school to see if they have an in-house lawyer or can recommend someone to advise you. Take care, Jason
Hmmm, you can re-enter using an old visa from old school as long as it’s valid. Do you mind give some hints about what that school is ? Cause I am worried they could advise wrong information and bad consequences could happen ( like yours )
What I am trying to figure out is if this person is interested in filing a bona fide asylum application once in the U.S., or if the person is seeking to just study in the U.S. I feel like someone seeking an F1 visa asking this question on a blog called “Asylumist” answered my curiosity/question.
Too many people lie when they apply for nonimmigrant visas. I still think that if a person intends to seek asylum, s/he should cross the border without inspection.
Like I never consider any F-1 student to be genuine nonimmigrants. I would say 98% of them want to seek ways to become immigrants one day. The reason why the U.S. Government allow such contradictory practice…namely, issuing nonimmigrant visas, knowing that, very likely they may, after their graduation, apply for OPT, H1B to stay…is that these rich foreign kids bring money to the collapsing education system……
In my opinion, the more foreign students who come here, the better. It is great for our universities and our country. How many of them actually end up staying, I do not know, and I have never seen data on that, but my guess is, those who stay make important contributions to our country. Take care, Jason
Hi Jason,
I had scheduled an individual hearing date for January 14th and just checked online where it says it has been rescheduled but they didn’t schedule a new date yet. Based on the experience when do you think they will schedule the new date? Is it just a few weeks from now or it might take longer? Assuming, I don’t have to wait another year for the individual hearing!
Thank you.
My experience has been that most rescheduled cases are pushed back months or years. A high percentage of cases are being rescheduled. If you are delayed for a long time, you can try to move the case to a sooner date – I wrote about that on April 20, 2017. Take care, Jason
I am a benefit of LIFO, so, I am indifferent about whether it’s fair or not. Years before I considered filing for asylum, but a bad group of people made that prospect impossible because they had other motives. The situation was so bad at the time I actually had to leave and go back to my country and go back in the closet. Ultimately, I came back and it was like God and the universe at the time realized how unfair things were a few years before.
It’s something I use to console my time waiting on my next step which is to become a permanent resident. I think Asylum is too difficult and over-convoluted. What the US Government should do is possibly make an application for refugee status open and possible from outside the US. But let there be integrity in it. Let it be safe, discrete, and possible to do from with the applicant’s home country through US embassy. I notice this is only open mostly in extremely war-torn countries or ones suffering famine. Removing some of the bottlenecks could be done from the home country such as the gathering of evidence, vetting, local interviews.
We all know that’s under ideal circumstances since your case would be easier to deny, but if its done with the help of say the UNHCR where your application could actually start, then it could make a difference on the backlog.
The US government has tried very limited in-country processing for a few Central American countries. I do not think it reduced the flow of refugees from those places, but I have not seen any data on that point. Legally, it is a bit strange, since a person cannot meet the definition of “refugee” (which is required to win asylum) unless they are outside their country. Anyway, we will (hopefully) see what the Biden Administration has in store for the asylum system and maybe some type of in-country processing will be part of the package. Take care, Jason
Dear Jason,
Happy New Year.
I finally got text sms from USCIS for my initial EAD application. (G-1145)
“USCIS: Your case was received. Receipt # …………. Official Receipt Notice (Form I-797) to follow in mail. Msg & Data rates may apply. DO NOT REPLY”
When I check my case online it says they received my application on December 24,2020.
My timeline:
-Sent: October 26,2020
-Received at USCIS lockbox: October 28,2020
-No receipt or rejection until today
-Today I got text sms (Jan 04,2021).
-Online case inquiry says “It is being processed at our Texas Service Center location.”
Is that the awful center everyone says too slow?!?
Should I count 30 days from December 24, 2020 or January 04, 2021?
I am an ASAP member, which is entitled to receive the first EAD in within 30 days by court order.
Hope other asylum friends are getting their receipts too.
Thanks,
NEM
It’s crazy that the receipt date is December 24; it should be October 28, but I guess this is not a surprise. As for the 30 days, my impression is that EADs are not processed that quickly, even for ASAP members, but I guess if you are counting, you can start at December 24, since that is the “received” date (even though it was received almost 2 months before that date). Take care, Jason
Thanks Jason,
Hope they will process my case quickly.
Take care.
NEM
Hello Jason,
Thank you for your service. I have received case update : Testing and interview… Next step is interview What does Testing and interview means?
I am also in process of withdraw my asylum application since I have got my green card through marriage. Do I need contact the asylum office? I don’t want to be scheduled and have a problem?
Thank you.
I always presumed it referred to interviews with tests (the only one I can think of is the naturalization test), but I am not sure. In our office, we only cancel the asylum case after the person gets the GC. Contact the asylum office to ask the procedure, as that varies by office. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason,
This is an excellent document about the importance of extending the validity periods of RTP:
https://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_16_I_131_Refugee_Travel_Document_USCIS_Response-12-27-05.pdf
it is a real pain and suffer, what do you recommend to change this? should a lot of asylees sign a petition or call their congressmen so maybe the coming administration would change it? thank you!
I think there are a host of changes needed and this is one of them. You can be in touch with members of Congress or with non-profits lobbying for change. Nothing will happen until after the coup attempt (hopefully) fails, but after that, I think there will be a lot of activity on this front. Take care, Jason
Hi Jason,
What is the approximate waiting between the time when USCIS collects the I-485 money (by checks) and the time when they send an electronic receipt? (My bank didn’t report a picture of the check as USCIS collected it by ACH; so I cannot check the back of the check looking for a receipt number). The USCIS collected the money last week. I filed G-1145 with the application; included my email and my cellphone number. I received neither an email nor a text message yet.
I thought it was normally pretty fast, but I do not know how things are going these days, as everything is slow. Maybe someone else here knows, but I would expect you would receive acknowledgement soon. Since we are just finishing the holidays, that might also be causing some delay. Take care, Jason
Hi Jason,
I had an asylum pending for 5 years with no interview. I got my GC through marriage few years ago then I closed my asylum application. Now things has changed in my home country since I left. I am planning to visit my family this year after being away for 8 years, do you think I will get questioned from the USCIS when I return to the US? Will that effect my case for citizenship even if I didn’t get a GC through asylum? What are you thoughts on cases based on changes of the country’s conditions?
I think you will be fine. However, you should be prepared to explain why you went back and how you stayed safe, in the (unlikely) event that you are asked. You could also be asked about this at a citizenship interview, but again, if you are able to answer the questions, you should be fine. Take care, Jason
Hi Jason and happy near year.
I’m used to checking my pending asylum case online with the receipt number I was given, and in the past I used to see a counter that represents the number of days my asylum case has been pending. Recently this number is not yet available, at least to my case!! Why do you think that is? Thank you so much.
The number of days does not show any more for everybody.
I think that number is not available any more online. If you have a court case, you can still learn how many days have passed by calling 800-898-7180 and entering your Alien number, and then following the directions. But if you have passed 180 days, you are fine and are eligible to get or renew an EAD. Take care, Jason
Dear jason what experience do you have with Phoenix lockbox for i485? I plan on sending via UPS , overnight is this a safe option ? There are two addresses one for usps and the other for UPS and fedex. I am using UPS because of overnight service . Again, advise me if you have any results with UPS and Phoenix lockbox at all sending receipts timely
I don’t have any specific recollection of problems there. I always send by USPS, so I have not tried the UPS mailing address, but I have never heard colleagues talk about problems with UPS or FedEx delivery. So my guess is that it should be fine. Take care, Jason
Dear Jason! Your efforts are noble and no doubt what you are doing is beyond great,
I have a smalle question regarding i485 i am filling it,
It asks about passport and travel document you last entered but in my situation after being granted i travelled to 3rd country on RTD
So should i put my home country passport and i94 on which i came or should i put RTD info onwhich i travelled last time to enter US?
If the question is about the last entry, I would probably put the RTD info. You can also circle the question, write “See cover letter” next to it, and in the cover letter, explain about the prior entry. Also, you can include copies of the RTD and any entry stamps, plus a copy of your passport, US visa, and I-94. Take care, Jason
Hi Jason,
Thank you for all information and help that you provide in this blog. After reading this question, I wanted to ask you related question. I have already filed my i485 application and like the person who asked this question, I have travelled once with RTD. However, in my i485 I filled my home country passport and the i-94 that I used to enter the US the first time. Do you think this will cause an issue? If so how can I correct it? Can contact/call USCIS and inform?
Thanks,
ZeMatter
I do not think it will cause an issue. I suppose if you want to be extra careful, you could send USCIS a letter with your A number and receipt number, and a copy of the RTD and entry stamp. Maybe that can be added to your file. But keep a copy of what you send, so you will have your own record of that. On the other hand, I think you do not have to do this, and can always give them more info if they ask. Take care, Jason
Thanks Jason.