This post is by my esteemed law partner Todd Pilcher. Todd’s practice focuses on asylum and family-based immigration. Over the course of his career, Todd has represented hundreds of immigrants and asylum seekers from all over the world, with a particular focus on asylum seekers from Central Asia and Latin America. He is also an adjunct professor of asylum and refugee law at the George Washington University Law School. Prior to joining Dzubow & Pilcher, Todd worked for many years as a senior managing attorney at Whitman-Walker Health Legal Services in Washington, DC.
Until the recent coup d’état attempt in Turkey on July 15, 2016, most people in the United States–including journalists and human rights advocates–had never heard about the Gulen Movement or its founder Fethullah Gulen. That all changed after the Turkish government blamed the coup effort on Mr. Gulen and his followers and demanded his extradition from the U.S., where he has lived in exile since 1999. Since then, American and international press agencies have published numerous articles about this man and his movement.
While people in the West may be surprised that they only recently learned about “one of the world’s most important Muslim figures” and his movement promoting secular government, democracy, and religious tolerance, they should not be surprised that some governments in Central Asia and Eastern Europe have persecuted Mr. Gulen’s followers for many years.
I am an attorney specializing in political asylum. In my practice, I have worked with several Gulen movement followers who have fled horrific government abuse in their home countries and applied for asylum in the United States. In the wake of the failed coup and the vicious crackdown against followers in Turkey and throughout Central Asia, I expect to assist more such asylum seekers in the coming months.
Gulen movement supporters who have been persecuted or who fear persecution in their home country due to an association with the movement should qualify for a grant of asylum in the U.S. on the basis of both religion and political opinion. Even those who are not closely associated with the movement, but who fear persecution because the government falsely accuses them of involvement, should have strong cases for asylum.
Any religious movement, such as the Gulen movement, that promotes the ideals of secular governance, nonviolence, religious and cultural pluralism, and respect for science alongside its spiritual teachings should be a welcome element in Central Asia and Russia. Unfortunately, many governments see the Gulen movement as a mortal threat to their dominance. In Turkey, Russia, Uzbekistan, and Tajikistan, Gulenist schools have been shut down. In many instances, followers have been subjected to harassment, detention, and torture. We have learned from clients and press reports that in Russia, government security agents have routinely raided Gulen movement meetings in private residences, confiscated reading materials, and arrested the participants. Once in detention, the Gulen movement followers undergo interrogations and severe beatings. The women are frequently raped and movement leaders are sentenced to long prison terms or killed outright. The treatment of Gulen movement followers in Uzbekistan is at least as horrific due to the country’s chronic conflict with Turkey and the consistently unhinged behavior of the country’s dictator, Islam Karimov, and his henchmen.
For the present, international focus on the crackdown against Gulen movement followers remains on Turkey. But the mistreatment of Gulen followers will also likely rise dramatically throughout the region and beyond as dictatorial governments seek to confirm their paranoid suspicions and keep their prisons filled with perceived opponents. The U.S. and other countries that respect their moral and international legal obligations to protect refugees will continue to face the dilemma of speaking out forcefully against the mistreatment of Gulen movement followers while also trying to maintain important strategic relationships with the countries that have ramped up their persecution.
Hi Jason ! my wife was in support of the gulen movement. so my wife got pregnant for 3 months in prison. As they were close to birth, they used the controlled freedom and released it. But I think I got rid of my master’s saying to me, and then I will take you back with your child once you have given birth. Our passports were seized. So we can not go abroad and my wife is very afraid to go to jail again with our children. How can we go to the asylum seeker?
Unfortunately, I do not know how to assist in this situation – I normally only assist people who are already in the US. You might try contacting the United Nations – perhaps you can get a travel document from them if your passport has been taken. Good luck, Jason
[…] http://www.asylumist.com/2016/08/10/asylum-for-fethullah-gulen-movement-supporters/ […]
I am an Asylum Seeker in Sulaymaniyah, Kurdistan Region,Iraq. I want to get refugee status. However, UNHCR Iraq says there are lots of asylum seekers in Iraq. So, we can not change the status into refugee. Because we do not have enough staff to do interview.
So, how can i solve this problem?
Kind Regards
I do not know about obtaining refugee status from UNHCR, sorry. Take care, Jason
I have been in the US since 2008 on F1. I applied asylum after coup happened. There is a possibility that Turkish government put me prison.
If I stop going school, is it a negative effect on my case? I approximately will have my work permit beginning of March. I will need to stop that time anyway. However, I was wondering what is different between stop now and stop when I have the work permit?
Thanks,
It should not affect your case, unless you are denied asylum. If you are still on the F-1 and denied, you will get a letter explaining why USCIS wants to deny, and you have 16 days to respond and try to convince them to change their mind. If they still say no, the case will be denied, and you will continue in your F-1 status. If you are out of status and the case is denied, you will be sent to court where you can present your case again to a judge. But in terms of the substance of the case and the chances of being granted, whether you remain in school or leave school will likely have no effect. Take care, Jason
Hi Sir,
I really thank you for giving information to us. I was officially listed by the Turkish government as linking with the Gulen Movement. My legal rights have been violated by government. However, I am not a supporter of the Gulen movement but a strong opponent against Erdogan. I would like to seek asylum, but I have heard that if one cannot prove that he/she has a link with the Gulen Movement, he/she cannot get asylum. Do you think it is true? I think that I will be unfairly prosecuted in Turkey if I come back and this is a good reason to get asylum. Further, being officially listed is a good proof for this claim. What do you think about it?
Best regards,
I disagree with that – if the Turkish government believes you are involved in the Gulen movement and seeks to harm you for that reason, that is a strong basis for asylum. It is called “imputed political opinion.” Proof that you are on the list is good evidence for your case, and any other evidence you have that you oppose Erdogan will also be helpful. Take care, Jason
Hello Jason,
I would like to ask you some questions regarding the asylum applications.
1. Do you think the relationship between two countries affect the asylum decisions? As you know, Turkey and U.S. are both NATO members, they have a long history of “good” relationship and alliance in Middle East. Do you think politics may cause Turkish people to get rejection for their asylum requests?
2. Do you think higher education has any effect (although not written anywhere officially) on the asylum decisions? e.g. if it may be beneficial to U.S. and the asylum application can easily find a job to cover her living expenses.
3. If the country conditions change between the time of the asylum application and interview, what will be the outcome? Since we will spend a long time for waiting, we will be more used to living here than our own countries. What is your experience on such issues?
Thank you very much.
1 – I do not think this will have an effect. We have done many cases where people sought asylum from one of our allies, and it has not blocked them from asylum. 2 – It should have no effect, but in general, people who speak English and are educated are better able to present their cases and are more likely to win. 3 – If conditions improve in Turkey, your case could be denied. At the very least, you would need to explain why you still qualify for asylum if country conditions have changed. Take care, Jason
i am an asylum seeker in Iraq.I have found a sponsor who is going to take us to Canada. However, i must send Refugee Certificate instead of Asylum Seeker Certificate. How can i get Refugee Certificate?
Thank you
I do not know what this is. Normally, a person obtains refugee status from the United Nations. But if you are going to Canada, you might want to contact a lawyer in Canada and maybe they can advise you. Take care, Jason
Thank You Very Much, Jason.
My wife and I applied for asylum in January 2017. We applied for EAD last month too(We did not get yet EAD). I have F-1 Visa but I can’t pay my school tuition for this semester. So I don’t want to get a class for this semester. Can we stay in the USA, if my F-1 visa has a problem? Thank you.
If you filed for asylum, you can stay here until the case is finished. Whether you keep your student status has no effect on the asylum. Take care, Jason
Hello Jason,
My passport was seized at Turkish consulate recently. Without making any explanation! It was not stolen, expired or damaged. They just took it and left me undocumented in a foreign country and they are not willing to renew my passport. I am not under any investigation or convicted with a crime thus I am a scientist apparently not a terrorist. I would like to know if there are any legal actions I could take against this injustice
Thanks
I do not know about that – I would think Turkish law applies and you should talk to a lawyer familiar with that. Good luck, Jason
The same thing happened to me. You can’t do anything. I tried everything I could (wrote many written petitions to many different government agencies) and finally gave up.
My case is worse than you, I even paid for a new passport and when I went there to pick it up, they did not give it to me.
I hope you have a valid drivers license. Otherwise, it is even harder to prove your identity.
Your best shot is trying Asylum here but I am not sure whether they will accept it regarding the current political conditions.
P.S.: Look on the bright side; at least you’re in the U.S., you would be in prison otherwise.
Hi, Jason
My name is Emin.I live in Philadelphia. I’ll ask just one question . I need to apply Asylum. I’m a F-1 student. But When can I go to see them, not family members in Turkey.When I apply then I can get a travel document.
Thank
You can get a travel document (called Advance Parole) while your asylum case is pending. However, if you return to your home country, it usually results in your asylum case being denied. You might also face trouble at the airport in the US when you return (you could be detained). I think detention is not very likely, but it is possible. Take care, Jason
Hello sir,
I just wanted to ask if it’s possible for the people under eighteen to seek asylum if their parents are not with them. Or is there any other procedures for the young people seeking asylum? Thanks.
They can seek asylum, and typically such cases are done on an expedited basis, so if you file, you should be prepared for an interview in a few months (as opposed to most people, who wait years). You might also be eligible for something called “Special Immigrant Juvenile Status” and it is probably worth talking to a lawyer about that (and asylum) before you apply. Also, remember that you should apply for asylum within one year of arriving in the US. Take care, Jason
Dear Jason,
Thanks for your great help to innocent people all around the world.
I have only one basic question. I was an assistant professor at a closed university by the government and unfortunately ı could not get out of the country, I am in Turkey right now, I wonder if I am eligible to apply for asylum outside of the USA. Because, nowadays it is almost impossible to get any visa to the US, and I am in search of getting out of the country because of the pressure not only by the government but also by the society. It seems impossible to find a job.
Thanks in advance.
Best regards,
Osman I. D.
I know of no way to apply for asylum if you are outside the US. There are programs for academics who are under threat. I did a post about this on November 11, 2010. It is probably outdated, but if you Google around, maybe you will find something. I believe the National Endowment for Democracy has such a program, for example. Take care, Jason
Dear Jason,
We have a Turkish officer friend who came to the U.S. on a NATO 2 visa who did not return to Turkey when called back in November for fear he would be imprisoned like many other officers who had been studying in America. He, along with his wife and children, isn’t sure what to do right now. He fears Turkey will soon revoke their passports and visas. Should they apply for asylum? Is there any way to change their NATO 2 visas to student visas or some other form that will allow them to stay in the U.S.? Or is asylum their only option at this point? Thanks for any insight you can give us.
They may have other options besides asylum. If they are still lawfully here on the current visa, they may be able to change to a student visa or another type of visa. However, I am not familiar with the NATO visa and – if it is similar to a diplomatic visa (an A visa) – there could be some obstacles to changing status. In this situation, they should talk to a lawyer to explore all the options. If all else fails, it sounds like asylum is also an option. Take care, Jason
Hi Jason,
I came 6 months ago from Turkey. And because of Turkey’s situation I applied asylum. The question is I applied asylum on 25 January but my legal time expired on 22 January. Does it make me illegal immigrant and will this cause any problem in the future?
It should have no affect on your asylum case or anything else at this point. You only suffer an immigration penalty for staying in the US unlawfully if you were unlawful for 180 days or more, so you should not have any issues with that. Take care, Jason
correction:
in my previous post I misspelled dependants as defendants because of keyboard autocorrection. sorry about that.
I applied for asylum a week ago with my defendants, including my husband and two kids. Meantime, our B1-2 visa will expire two weeks later. In this case should we hold apply for another visa type such as F1 while pending asylum interview and eventually the decision? Or having a status as pending for asylum will be enough to have a legal status to live here and also to maintain social rights like college applications, post-graduate applications, health care?
Thank you in advance for your nonprofit responses.
You can remain in the US legally if you apply for asylum. Most people do not also apply for an F visa. I suppose you could do that, but USCIS could deny the application since you have also applied for asylum (students promise the US government to leave at the end of their studies, but an asylum seeker is asking to remain here permanently). If you have a work permit based on asylum, it should be enough to attend college (though it usually takes 8 or 9 months to get the work permit after you file for asylum). Under an F-1 or an asylum case pending, most students are not eligible for in-state tuition or social benefits like health care, but you would need to check with your school and your state authorities, as I do not know much about that. Take care, Jason
Hi Jason,
Thanks for your information, I have 2 small questions.
1)I came to the US 10 months ago with F1 and still holding it, just applied to the Asylum, gave my fingerprint and signature. What’s gonna happen if I lost my F1 visa (I can’t pay the school anymore) and can’t get the Asylum (so GreenCard) after the interview? Can I return my F1 visa back? What’s gonna happen? USA gonna deport me to Turkey back? Would you recommend to keep the F1 just in case?
2)I couldn’t get the Asylum Application receipt, they’ve never sent it but, I’ve got the FingerPrint notification and gave my Fingerprint&Signature. Will I need that Asylum receipt? I know FingerPrint Notif. is the same meaning but if I travel or something else?
Thanks For Your Help!
1 – If you stop going to school, you can remain here based on your asylum case. If you lose the asylum case, you will be sent to court. It is very unlikely you can get your F-1 visa back without leaving the US, and even then it will be very difficult (you would have to talk to a lawyer before you do it). Whether you want to keep your F-1 at the same time as asylum is up to you. But given how slow the asylum system is, it means you will probably need to continue in school for several years. Maybe a compromise is to remain in F-1 through Spring 2017, so you can see what changes – if any – Trump makes to the asylum system before you stop attending school. 2 – You should keep the receipt (or a copy of it) with you to show you are lawfully in the US, especially if you no longer are a student. You cannot use these documents to travel outside the US. For that, you should get Advance Parole (form I-131, available at http://www.uscis.gov). Take care, Jason
Dear Jason i applied my asylum case from california i got my EAD card
I came for vacation to new york can i apply my SSN in new york ?
It should not be a problem, but if the Asylum Office see you are in NY when you told them you are in CA, they may wonder why. If there is a legitimate reason, that is fine, but if they think you are lying about your address, it could be a problem for your case. Take care, Jason
Hello Jason.
I have a few questions regarding the asylum pending status. I am currently a dependant in my parents application and i am going to go to college next year. The problem is that i have to pay out of state tuition as an international applicant and i probably wont be able to afford it. If i decide to go overseas (to Europe, perhaps) for my college education, would this affect my parents asylum application. Since i am only a dependant in their application, will i be able to go to a university abroad without affecting their asylum process? And would i be able to apply for a schengen visa to europe after i receive my EAD and social security number? Additionaly, if they are granted asylum, would i be able to join them again in the US?
Thank you very much! Take care!
You might want to talk to an attorney about the specifics of the case. But generally, if the dependent leaves for a third country (not the country of feared persecution), it probably will not affect the asylum case. Whether you will be able to come back to the US before the asylum case is resolved, I do not know. If they win the case, they can petition for you to return to the US as an asylee dependent. Take care, Jason
Hello! I have a question. I just sent a request for political asylum and I got only “A-Number”. I sent my request 3 months ago, so I still don’t have an SSN. I want to go from Los Angeles to New York for a 4 days just for visiting and I’m not sure if I won’t have any problems if I go using airlines only with my “A-Number”. Please let me know if I can fly to NYC having only my a-number and passport or better if I just stay in Los Angeles and wait for my SSN? I will wait for your answer. Thanks in advance!
They will not send you an SSN. Once you have your work permit, you can apply at the Social Security office for your SSN. As for travel, if you have a valid passport, and the asylum receipt, that is probably enough to travel. If you are not sure, you can ask the airline. Take care, Jason
Hi, I am in us for 3 months. My spouse wants to apply for asylum, is a relative of Gulen. I afraid if the case of Mr. Gulen is going to be negative,it will affect our asylum applicaton. People says it takes too long to be granted as an asylum. We should have never have a response. How long do you think it will take to grant as asylum? I was a doctor in my country. I want to aplly for residencies in Us. If I get matched and want to have J1 or h1 visa type, can this be a problem? Can we change our status? Or can we have both h1 visa and asylum at the same time? Can I travel to a thırd country with my h1 visa? Thanks your all help
Asylum cases are quite slow – it can take several years just to get an interview. If you have an alternative, like an H1b or J, that may be a good idea. You can do an asylum case with an H1b. You can also do it with a J-1, but there can be problems there. Given that you have several options and that time is a factor since you want to match, I recommend you talk to a lawyer about the specifics of the situation to see what option(s) are best for you. Take care, Jason
Merhabalar,
Benin durumda sizinkilere benziyor.
Merak ettim.ben de gulen ile irtibatimdan dolayi
Asylum muracaatimi subat 15/2017 DE yaptim.
Irtibatlasirsak sevinirim.ben,waycross,georgia,dayim.
Alaeddin,
aburhan@aol.com
Hey Jason,
First of all thank you for helping innocent people.
I am writing this question on behalf of one of my Turkish friends: My friend has been living in US for some years with J1 visa. Due to J visa type, he/she cannot apply for green card lottery.
Right after this fictitious coup attempt, my friend’s family member/members in his/her native country Turkey has been tortured by Erdogan’s cops and some of them are committed to prison. There is a very big probability that if my friend returns his/her country now, he/she would be tortured and committed to prison.
My friend is going to apply for asylum. He/she also wants to apply for green card lottery: What would happen if he/she applies to green card lottery (and after submission of green card application) he/she applies to asylum? Do you think USA will treat him/her as asylee or J visa holder? If USA would treat him as asylee, he/she is gonna apply for green card lottery now.
Thank you in advance.
He can apply for both. He will be allowed to stay until his asylum case is adjudicated. If he (or she) wins the lottery, he will probably have a difficult time actually getting the green card, but since it is free to apply, he can try, and if he wins, then he can look into getting the green card. In any case, it has no effect on his asylum application. Take care, Jason
First of all, thank you for answering all kinds of questions related to asylum. My question is about that topic that you focused on (Gulen Movement) I am consider myself as a Gulen movement supporter in my country. After failed coup, I had to run away from my country to United States because of my tourist visa. I have been here for 4 months however as you know, I only can stay here maximum 6 months. Now I decided to apply asylum here because of my situation. The question is: if I apply the asylum, does affect my relatives’ visa status? For example; my sister,who lives in Turkey, wants to come to United States for working but some people told me that if I apply the asylum, my sister’s visa would be suspended. And I am not sure what should I do now? Thank you for your helping.
Generally, an asylum application should not affect a siblings visa application. Especially if she is coming on a “dual intent” visa like an H1b. However, it is not possible to say for sure. I did a post related to this called “Family Members of Asylum Seekers – Beware!” Maybe that would be helpful. Take care, Jason
Merhabalar,Ahmed bey,
Benim de durumum sizinkine benziyor.
Ben,subat,15,2017 de muracaatimi yaptim.
Irtibatlasirsak sevinirim,ben,georgidayim.
aburhan@aol.com
Hello
One of my relative is in Local police in Pakistan. From last few years the security situation in Pakistan became worse and he receiving threats from terrorists because he is working in local police, it is happening from more than an year.
Also he face some attacks but safe.
So he is looking for asylum/Immigration to the US for himself and for his family. I hope you can give me comment how to start that process.
They all have the documented proof regarding the situation I discussed.
Looking forward to hear from you
A person must be in the US to ask for asylum here. One issue in your relative’s case would be that a police officer who faces retaliation from criminals for doing his job may not be eligible for asylum, since that is one of the risks inherent in the job. This rule may be different in different countries, so he might want to talk to a lawyer about the specifics of his case before he comes to the US (or goes to another country). Take care, Jason
Hi Jason,
I am dependent of asylum seeker who’s case is pending since April 21, 2016. my status is H1B transfer is pending with my company. Now we are eligible for EAD under 150 days, if we apply and get EAD trough ASYLUM, what will happen to my H1B status. Can i just get EAD but keep working on my H1B until i get last decision on my H1B transfer.
Thanks
Aika
You can have the EAD and asylum, that is not a problem. If you are happy in your H1b job and you expect to keep the job for a while, you do not really need an EAD, and you may want to wait to apply for it until you are ready to leave your job, or your H1b is expiring. You have to plan ahead, though, as it can take about 4 months to get an EAD after you apply. Take care, Jason
Hi Jason,
My wife and me as a dependent have applied for Asylum Houston office, April 21, 2016 since than we have not heart anything. Now we are eligible to apply for EAD under 150 days, but there is a question 15 in form i-765 “Current immigration status” what we should use, are we under pending asylum, or do i need to use my actual status which is H1B extension and transfer is pending. I am a dependent.
Second question is.
I might need to go back to my home country in order to get stamped my h1b since i am doing transfer. Company’s attorney saying that at the worth case they will approve my H1B without i-94 which requires me leave the US and come back.
For that reason, just to make sure as a back up , i would like to get Advance Parole…Can i request and as a dependent? can i go back to my home country? will it have impact to get stamped my H1b?
thanks
Aika
I cannot answer specific questions like that about forms – sorry. As for the second question, a dependent can obtain Advance Parole, and that is probably a good idea. Whether it will affect your wife’s case, I do not know – it depends on the case. For example, if her case is that her and the whole family face a threat in the home country, than I imagine your return might be a problem. I do not do H1b visas, but I am not sure why you need to return to your country if you transfer employers. You should be able to do that here (maybe I am wrong about that, but I would at least double check with the lawyer and ask exactly why you need to go back; maybe it is because you need the actual H1b visa for travel to third countries? But if you do not plan to leave the US, and I do not see why you need the actual visa). Take care, Jason
Hi Jason
I came in this country 15 years ago with J1 visa, unfortunately my visa expired and i end up living all this years no driver license but i have a social security #. I have been waiting for the immigration law. Marriage was not an option for me due to my strong faith in GOD i can not lie to anyone whatsoever reason. I am one of the Gulen movement supporter and now i am considering to apply for asylum but i am not sure if it is a right move??? should i wait to see who is gonna win the election. If Hilary wins, hopefully she will take care the immigration law. i would love to here your opinions.
I do not know whether Hillary would help – it is partly up to the Congress. If your situation has changed as a result of the crackdown against Galen followers, maybe now is a good time to apply for asylum. If you wait too long, you will lose the opportunity. I recommend you talk to an immigration lawyer about the specifics of your case to see whether it might be time for you to file for asylum. Good luck, Jason
Hi Jason, My question is slightly out of this topic.
My B2 status expired in Dec 28, 2013. But I filed political asylum 1 week before the expiry date and was in pending asylum (No interview so far) state until June 2016 when my TPS was approved. Now my employer has filed H1B for me. Does the “previous asylum pending state” affect H1B adversely? I was never illegal in USA.
THX
In this situation, I am not sure whether or not you can get the H1b. Since your B visa expired, you may need to leave the US in order to change to H1b status (the fact that you were never here illegally allows you to leave and return without a problem). However, because you got TPS, you may be able to change from TPS to H1b without leaving the US. This is a long way of telling you that I do not know the answer. Presumably, you have a lawyer to help, and he/she can check whether you move from TPS to H1b without leaving the US. To be honest, I think you will need to leave and return, but I am not sure – have the lawyer check this. Good luck, Jason
Hi Jason,
If I need to go abroad to get issued H1B, Do I have to get advance parole before leaving USA? Will I be able to enter with just H1b upon return?
Thanks.
If you have asylum pending and you leave the US to get an H1b, you should be able to return here with the H1b if all goes well. However, if something goes wrong with the H1b, and you have Advance Parole, then you can return here and continue the asylum case, so in my opinion, it is good to have the AP, as a back-up plan. Take care, Jason
Hi dear Jason,
I have submitted my EAD renewal form to USCIS and they have received it on 6th June 2016, my EAD is expired on 27th July, so financial condition is tight. Today I call USCIS and open a request, they inform me it would take 30 days to get back from USCIS, what else should I do beside wait for their response?
Thanking you in anticipation.
Jimi
We have seen EAD renewals take up to 120 days. There is not much you can do that is effective. I suppose you can contact the USCIS Ombudsman (a link is at right), but they may not accept the case since your case was only filed in June (they help with cases where there was longer delays). For the future, you can apply 120 days before your old EAD expires. Also, USCIS is changing the system so that when you apply for the new EAD, your old EAD is automatically extended, but I do not know when this change will actually go into effect. Take care, Jason
Hi Jason
When I can apply to replace my Refugee travel document(will be expire ) ? must send the one I have now with new application even not expired yet ? last question, last entry to US by RTD in the stamp written (If you depart US you will need PRIOR PERMISSION to return), do I need to do something before I travel with same document ?
Thank you
As long as the RTD is still valid, you should be able to travel outside the US and return. As for renewing it, I think you can do that at any time, but I am not sure. You would need to check the instructions on the I-131. Take care, Jason
Hi Jason,
Wonderful blog! My asylum case is pending since Oct 2014 , nothing happened , my employer offered to sponsor me, I am accountant in manufacturing company in Los Angeles. I asked my lower about PERM program but he gave me negative feedback. Would you please advise?
Thank you appropriated so much!
In general, if you want to get your green card based on employment, you need to be “in status” or you need to leave the US and return. For people seeking asylum, it is not always possible to do that. In your case, though, unless the employer wants to sponsor you, there is not much to be done. If the employer (or some other company) will sponsor you, you should talk to a lawyer before you start the process, in order to be sure that if your case is approved that you can actually get the green card. I have seen cases where the lawyer started the PERM process (and took the client’s money), and there was no way for the person ever to get his green card. You need to be careful about that. Good luck, Jason
Hello Jason, can you please answer on my question my asylum application in processing, and I need see my wife. She in Ukrain. Can I travel on another country to see her, and what I need to do or she?
Thank you Jason.
You can travel while your case is pending, but if you go to your home country, it can cause your case to be denied. To travel, you need Advance Parole, which you can get using form I-131, available at http://www.uscis.gov. You need a “humanitarian” reason for the travel, so maybe if your wife has a health issue or suffers depression due to the separation, you can get a letter about that from a doctor, and that would make it more likely your I-131 would be approved. Take care, Jason
Hello dear Jason
Do you know anybody from Azerbaijan that has got asylum protection by US government?
I hope you are aware of repression in Azerbaijan
King Regards
I do not specifically know of anyone, but I know people do get asylum from there. If you Google “DHS Statistical Yearbook,” you might find some statistics about that, but I am not sure. If you search the internet, you might find country by country data on asylum cases. I have seen it, but not for a while, so I cannot direct you to a website. Take care, Jason
Hello Jason! Please, advise…
My Employment Authorization is expired, I’m waiting for the new card, but I have to go to another city by airplane, and I don’t know if I can buy a ticket and fly with expired card (I don’t have ID or driver licence), but I got receipt from USCIS that they got my replacement request. Thanks
If you have a valid passport, you should be able to use that. Otherwise, I am not sure – you need to contact the airline and ask. Maybe try their customer service. You can show them your expired documents, plus all the documents for your asylum case. I would check with them before you go, as you do not want to get rejected at the airport. My guess is that if you have a valid passport, it will be enough. Good luck, Jason
Hey Jason:
I’m from Gaza Strip seeking asylum in the US without a lawyer due to limited financial resources. I suspect that relocation to West Bank might comp up as a question. While it’s well known that Gazans cannot relocate to West Bank, I couldn’t formulate a sound argument for that. Any suggestion?
Thank you!
I’ve only dealt with that a few times, but aren’t there legal restrictions as to where you can live? Do you need permission to live in the West Bank? Also, if you do not have family, friends, job, home, etc. in the WB, you can use that as an argument about why you cannot live there. Also, maybe there are social reasons – without a support network, how can you survive? If there are restrictions on where you can live, maybe you can find them through a Google search, as many organizations have been monitoring the situation in Israel/Palestine, so maybe there is a report out there that is on point. Take care, Jason
When I applied for the financial aid, I got the below message. I am asylum seekers, am I lawful permanent resident?
“Thank you for contacting the Wayne State Student Service Center. We apologize for the delayed response. You must be a citizen of the United States or have lawful permanent resident status to receive federal financial aid.
An asylum seeker is not a lawful permanent resident (LPR). An LPR is someone with a green card. Take care, Jason
Hi .. I have a question please.. what is the earliest time to renew the work authorization card-EAD-. is the 120-day period ok for that?
The earliest you can apply to renew the EAD is 120 days before the old EAD card expires. Take care, Jason
Jason, I wanted to ask about the common problem of people who are interviewed but never get a decision, not even a recommended approval or NOID. Sometimes all inquiries on the state of such a case are ignored. When that happens, is it any use to submit a FOIA on the state of the case? I think FOIAs are not allowed for “ongoing investigations,” but maybe there is an exception? Do you have any other hints on getting information about a case that’s stuck in after-interview limbo?
This is a huge problem for our clients and we have not had a lot of luck getting info for them. I think the best bet is to contact the asylum office directly, especially if this can be done through a liaison (like AILA). It is a pain in the neck and often does not work (at least in my experience), but sometimes, it does. Also, you can try the Ombudsman’s office. We have not tried a FOIA in this circumstance, and I doubt it would help (and it might even hurt if the case is transferred away from the asylum office in order to respond to the FOIA), but I would be curious to hear about what happens if you try. Take care, Jason
How is helpful if you submit FOIA request for asylum pending case?
I do not think it would be helpful, but you never know what it might reveal. Take care, Jason
Thank you.
hi jason
I filed my application of the second ead in April 2016 until I received and the now four months already spent, my drive’s license already expired and already hunting me from my work……..what i can do now?
You can call the customer service number on the USCIS website and ask for help (www.uscis.gov). Also, though it is not very fast, you can contact the USCIS Ombudsman for help. A link for that office is at the right. Take care, Jason
Hi Jason.
Thanks for your help. If I left US without getting an advance parole, will that affect by any chance getting admitted to US on work visa in the future?
Regards
If you have an asylum case pending, it probably will be more difficult for you to come back on certain types of visa. The H1b visa most likely will not be affected by a previous asylum application, though the embassy will know about the application and so your H1b should be consistent with what you told the US government in your asylum case. Take care, Jason
Thanks a lot.
Hello Jason
I had my interview done a month ago at the San Francisco office and the officer asked my a question regarding my work since i am a dentist she asked”have you performed dental treatment to any memebers of extremest militia groups?” I replied “yes” since it was my duty as the stationed dentist and part of the government mandatory training to treat any patient that comes to the clinic so my question is will that effect my asylum case?
Unfortunately, it probably will affect your case. Are you sure you gave treatment to a member of an extremist group? If you did not do that, you should notify the asylum office. If you did, it means you provided “material support” to a terrorist, which bars you from receiving asylum. I recommend you talk to a lawyer about the specifics of your case, as this is a very serious issue, and if you actually did not provide the treatment to such people, you need to inform the asylum office. Take care, Jason
Yes i’m sure because they showed up with guns and demanded to be treated and the asylum officer asked me what would have happened if you didn’t provide treatment and i said they would probably have shot me so it wasn’t voluntary.
There may be an exception for coercion, but I really suggest you talk to a lawyer about this, as it likely wild affect the case. At the minimum, it will likely cause headquarters review, which causes a long delay. I have written before about material support of terrorism, most recently on June 24, 2016 – maybe that would be helpful to you. Good luck, Jason
How long does it usual take for headquarters to process the decision?
There was a recent report about this; if I remember correctly, the average wait time was at least 200 days, but I am not sure. You may want to Google “DHS Ombudsman annual report”. I think it came out within the last month or two, and it lists the average wait time at HQ. Take care, Jason
Hi Mohammed,
I wish you hear good news.
Please can I ask you one thing?-
When did you submit you asylum applications and when did you get interviewed? My asylum application is also at SFO I did submit in July 2015 and heard nothing since then.
Thanks
I submitted on 4/20/2016 the interview was on june/28/2016 and I requested an expedition
Thank you for the information.
I wish you best of luck again!
Can I ask how did you manage to expedite your case? I didn’t know it was possible
Alex August 25, 2016 at 6:13 pm
Can I ask how did you manage to expedite your case? I didn’t know it was possible
Hi Jason,
My asylum case is still pending, my fiancee is a UNHCR. She has approved by UN and American government and she will go to American in November. If she arrived on USA, I will marry with her . I want to know whether I can cancel the case or I wait for the interview?
Thank you so much
If you are still in-status, you may be able to cancel the case. Otherwise, I do not see how your fiancé can immediately help you. After you are married, she can only file for you when she has her green card, and that process takes 1 or 2 years, and probably requires you to leave the US. To stay in the US and adjust status, you probably have to wait for her to become a US citizen. I think before you do anything with your case, you need to talk to a lawyer to see whether she will be able to help you with your immigration status. Take care, Jason
Jason,
when you apply for I-765 do i have to include all the previous EAD or just the last one? the reason i am asking is because i currently have two EAD and one of them is about to expire and the other is still valid for 6 months but i didn’t use it. So, do i have to include it or just attached the one that is about to expire. keep in mind they are both in two different categories?
I am not sure about that. In general, it is better to err on the side of giving them too much information, so I might include information about both EADs. Take care, Jason
Hi.i filed political Asylum in January 2015 from u.s.a. hopefully my interview will be in December 2016.
i have an job opportunity to Arlington VA.so may be i move to there.
My Question is:
If i move from NY to VA then 1.My interview will be conducducted in december 2016 as per in NY or as per schedule of VA?
plz guide me in details.
If you move from NY to VA, and transfer your case to VA, your case will be on the VA schedule. Plus, moving a case probably causes some additional delay. In addition, I do not know how you can predict that your interview will be in December 2016. Maybe that is your best estimate based on the Asylum Office Scheduling Bulletin, but this is not a very accurate way to predict when an interview will be, and you really cannot count on that schedule (though hopefully it will keep moving along and you will get an interview soon). Take care, Jason
Thank you for contributing your time to these priceless and innocent people. We all hope Turkey will get better and recover from this coup. For those Turkish guys who are Blaming Gulen Movement – “Please Stop, do not bring your dirty politics in this chat rooms. Thousands of innocent People in Turkey are having very hard times. They are not able to earn money to buy food. They are all blacklisted by Erdogan’s Brutal Power. Please be more sensitive towards your own nation. They are innocent people with no hope.”
Thank you again for this post.
Even if Gulen is somehow involved in the coup (which I am not convinced about), it is pretty obvious that thousands of completely innocent people are being targeted by Edrogan in the post-coup crackdown. Hopefully, it will end soon. Thank you for the comment, Jason
Dear JD,
I have a certain problem and life threatening situation in here, in indonesia, since im a minority and a christian. Lately those anti chinesee and anti non-moslem movement is getting worse, and anti LGBT may be outlawed soon .
If i could go to USA with Tourist visa, and by the time i touch US soil in airport and surrender to USCIS seeking for asylum, are they gonna deport me ASAP ? or i will go to detention center ? cause i dont want to enter USA illegaly. I would love to have permit working in there. Thank you JD.
If you have a tourist visa and come to the US, you can enter at the airport and then seek asylum once you are here. It is useful to talk to a lawyer before you file, and if you can afford it, it is worthwhile to have a lawyer represent you. If you ask asylum at the airport, you will have a credible fear interview, where they ask about your fear of return. It is generally pretty easy to “pass” the interview, and then you can claim asylum, but often you are detained and/or your case is in court. It is much better to come here, pass through the airport, and thenm claim asylum once you are here – that is fine as long as you file for asylum within one year of arrival. Take care, Jason
The statement: “Any religious movement, such as the Gulen movement, that promotes the ideals of secular governance, nonviolence, religious and cultural pluralism, and respect for science alongside its spiritual teachings should be a welcome element in Central Asia and Russia.” is completely false.
Gulen movement is for anti-secular life, anti-secular governance. That’s the reason that he had to flee from Turkey when his secret video sermons about toppling the secular government and destroying democratic Turkish Republic showed up in some TV stations. Within weeks he left Turkey and come to USA for “health reasons” in 1999 and living in the US since then.
When Gulenist schools were shut down in Russia, Uzbekistan, Tajikistan, they reason/justification was that these school were “bringing CIA agents”.
Fettullah Gulen movement is NOT a pure, innocent religious and cultural group movement. It may seem that they have “respect for science”, but it is on the surface, the real movement is full of deep and dark secrets.
I find it very difficult to believe that thousands of teachers and students are involved in a conspiracy against the Turkish government. On the other hand, the Turkish government’s actions against thousands of people in the wake of the coup is very suspicious – it seems that Edrogan has found a good excuse to neutralize anyone who disagrees with him, and he is taking advantage of the opportunity. Hopefully, Turkey will recover from the coup and the crackdown without too much damage to democracy or human rights. Take care, Jason
The article, whether due to ignorance or gullibility, attempts to portray a secretive, vindictive, and violent religious organization , with many innocent victims whose lives they destroyed, dreams shattered, in their wake in the past 40 years, as a group of “innocent followers who have fled horrific government abuse in (Turkey)”. This is not only a disservice to unsuspecting public, but also a stab in the back of democracy, freedoms, human rights, and rule of law.
It is exactly this kind of baseless and deceptive arguments raised by alleged “experts” that gets the US in trouble around the world, more than anything. Remember the experts who were certain Saddam had WMD (weapons of mass destruction) and that the US had to step in? Well, after 13 years of mayhem, a trillion+ dollars spent, 4,000 American and a million Muslim lives lost, what do we have in the the Middle East today? More mayhem and misery.
The article above proves only one thing: the writer’s failure to understand the Middle East and Eurasia as well as the goals and vision of the notorious Gulen movement–called FETO, a terrorist organization by Fethullah Gulen movement. The Turkish people, since the failed coup of July 15th, have valiantly re-written the history of democracy with the ultimate sacrifice. They have selflessly stood in front of Gulenists’ army tanks, stopped Gulenist bullets with their bodies, and stopped Gulenists aircraft and helicopters by blocking their air fields with their cars and trucks. 240 Turkish citizens died, more than 2000 got injured, and millions of Turksh citizens stood watch, day after day, consecutively for 26 days, in city centers, enduring fear, uncertainty, and more violence. Why? Because the Turkish citizens truly believed in democracy and freedom and they rejected a Gulenist military coup. A simple statement of appreciation and solidarity from the US, therefore, would have worked wonders for the American image overseas. But, no, that would be too smart, wouldn’t it? So, what did we do instead? Asked the “experts” like the one above who advocates providing refuge to Gulenist criminals. Words cannot begin to describe the profound disappointment felt in Turkey a–and I suspect, around the world– over the US’s strange support for Gulenist coup plotters and terrorists.
I cannot speak for the author, but I am not convinced by Turkey’s protestations against the Gulenists. Arresting thousands of people, firing thousands of teachers, Gulenist tanks? Where is the evidence for any of this? And even if Gulen was somehow responsible for this very-poorly executed coup attempt, does anyone really believe that thousands of teachers were secretly in on his plot? Accusations without evidence are not convincing, at least not to me. If there are Gulen supporters who fear harm from the government of Turkey, or any other government, they should be eligible for asylum in the US. If they are involved in violent activity (like the coup), then they are not eligible for asylum in the US. Such cases would be decided on an individual basis, and I suspect that most such applicants would have a reasonable case for asylum. Take care, Jason
Hi Jason
My asylum case still pending, can I enter school or I have to get F1 visa. Also can I apply for food stamp and financial aid?
You have to ask the school. In most cases, you should be able to go to school with the EAD (work permit). If you want an F1 visa, that may require you to leave the US and then return, which probably will not work if you have an asylum case pending (an F1 visa is for people who plan to study in the US and leave when they are done; if you are seeking asylum, you are asking to stay permanently, which is not compatible with an F-1). Take care, Jason
Yes I just heard that a Turkish admiral has asked for asylum. I wonder if it is an isolated case. It’s possible we’ll see a gigantic exodus of military personnel, intellectuals, and regular people, all asking for asylum in the West. More business for you, Jason. 😉
Fall of Constantinople 2.0? The more things change the more they stay the same!
We shall see. The crackdown seems overly broad, and it appears Edrogan is using the coup attempt as an excuse to eliminate anyone he deems a political opponent. I have been to Turkey and I have a lot of affection for that country, so I hope things improve soon. Take care, Jason