As you might have heard, the White House recently issued a new travel ban (official known as the Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats), and this one looks more likely to survive a court challenge than previous bans. This time around, the “banned” countries are Chad, Iran, Libya, North Korea, Somalia, Syria, Yemen, and certain government officials from Venezuela.
Here I want to look at how the ban will impact asylum seekers, asylees (people who already have asylum), and I-730 petitions, which are petitions filed by asylees to bring their relatives (spouse and minor, unmarried children) to the United States. One caveat: Even though the latest travel ban seems more well-crafted than prior iterations, it likely will still be subject to court challenges, and it will have to be interpreted and implemented by various government agencies, so how individuals will actually be affected is not yet entirely clear. With that out of the way, here’s how things look now:
Asylum Seekers
The short answer here is that asylum seekers who are already in the U.S. should not be affected by the new ban. Section 6(e) provides–
Nothing in this proclamation shall be construed to limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture, consistent with the laws of the United States.
Also, it appears that asylum seekers who want to travel while their cases are pending, using Advance Parole, should be able to do so. Section 3(b) states–
The suspension of entry pursuant to section 2 of this proclamation shall not apply to… any foreign national who has a document other than a visa — such as a transportation letter, an appropriate boarding foil, or an advance parole document — valid on the applicable effective date under section 7 of this proclamation [all bars will be in effect by October 18, 2017] or issued on any date thereafter, that permits him or her to travel to the United States and seek entry or admission.
The original travel ban (from January 2017) was intended to impact asylum seekers. Basically, USCIS was directed to adjudicate their cases up until the decision, but to hold the decision until the ban was lifted. That never actually went into effect. This new ban, which is more carefully tailored, does not seem to impose any restrictions or limitations on the asylum process or on asylum seekers, and so we can expect that such cases will proceed as before.
Asylees
People who have been granted asylum are asylees. I see nothing in the proclamation that would inhibit asylees’ rights in the U.S. They should be able to work, travel (using an appropriate travel document), and eventually get their green card and their U.S. citizenship as before.
I-730 Petitions
When a person is granted asylum, she can file to bring her spouse and minor, unmarried children to the United States using a form I-730. Whether people from the banned countries will still be able to bring their “following to join” family members here may be problematic, at least as I read the President’s order. Section 3(a) states–
[S]uspensions of and limitations on entry… shall apply only to foreign nationals of the designated countries who: (i) are outside the United States on the applicable effective date under section 7 of this proclamation; (ii) do not have a valid visa on the applicable effective date under section 7 of this proclamation; and (iii) do not qualify for a visa or other valid travel document under section 6(d) of this proclamation [certain individuals whose visas were marked revoked or canceled by the first travel ban].
Basically, this means that people outside the U.S. from a “banned” country cannot get a visa to come here. There are some exceptions to this rule in section 3(b), but none of them seem to apply to I-730 beneficiaries. The closest I can see to an exception for following-to-join asylees appears in section 3(b)(vi)–
The suspension of entry pursuant to section 2 of this proclamation shall not apply to… any foreign national who has been granted asylum by the United States; any refugee who has already been admitted to the United States; or any individual who has been granted withholding of removal, advance parole, or protection under the Convention Against Torture.
Perhaps I-730 beneficiaries can argue that they fall within this exception, but frankly, I don’t see it. If these beneficiaries do not meet an exception, they can apply for a waiver to allow them to join their asylee relative in the U.S., even though they are banned from coming here. The waiver process, discussed in section 6(c), seems complex, but the short answer is that waivers are granted in the discretion of the consular officer or other government official and are issued on a case-by-case basis. Further–
A waiver may be granted only if a foreign national demonstrates to the consular officer’s or CBP official’s satisfaction that: (A) denying entry would cause the foreign national undue hardship; (B) entry would not pose a threat to the national security or public safety of the United States; and (C) entry would be in the national interest.
The proclamation gives some examples of when a waiver might be appropriate, including where the “foreign national has previously established significant contacts with the United States” or where “the foreign national seeks to enter the United States to visit or reside with a close family member (e.g., a spouse, child, or parent) who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa, and the denial of entry would cause the foreign national undue hardship.” None of the examples specifically refers to asylees or I-730 beneficiaries, and so there is an open question about whether such people are able to join their asylee family members in the United States.
We will have to see how the Trump Administration implements the ban with regards to I-730s. Hopefully, such people will be allowed to join their family members in the U.S. If not, you can bet that the matter will be litigated in court, and I imagine that the asylees would have a strong case. The United States has ratified the Protocol on the Status of Refugees, and so that treaty has the force and effect of law. The Protocol (and the Refugee Convention that is incorporated into the Protocol) essentially commits treaty countries to ensure family unity for refugees. See also INA 208(b). A Presidential proclamation cannot nullify this law, and so any attempt by the Trump Administration to block following-to-join relatives will likely not succeed, though of course the Administration can throw obstacles in the way of such people and cause plenty of hardship, stress, and uncertainty for this already-vulnerable group of individuals.
So there you have it. Again, we will have to wait to see how the new ban is implemented and whether it will be affected by litigation. Hopefully, my concerns about I-730 beneficiaries will not come to pass, and asylum seekers, asylees, and their family members will not be harmed by the latest travel ban.
UPDATE – October 9, 2017 – The U.S. State Department has issued guidance indicating that I-730 beneficiaries will not be affected by the new proclamation, and so following-to-join beneficiaries will still be able to join their asylee family members in the United States. Thank you to “Jabi” for letting us know about the good news.
Hi,
Please can someone help me with the their timeline about receiving I 730 approval notice. I have submitted my application on 01/24/2017. Still waiting for the decision.
And my husband was refuge 5 years ago and after that when he was in USA because of one family problem in his own country he went back and after 7 year I came as refugee and applied for him i730 and I’m still waiting
He was here just for 2 mounts
That is much too long. You should contact USCIS – you can find the contact info at http://www.uscis.gov – and ask. After that, if it does not help, try the USCIS Ombudsman – a link is at right. Good luck, Jason
Thank you for your quick response but I already did that . I have been following up since oct 2017 but until today nobody did response , even I called Adam Schiff office To follow up my case and I called to USCIS Office a few times But there’s no answer for me that’s why am wondering what’s happening with my kids and no one gave any answer to me.
If you tried the Ombudsman, maybe you want to consider a mandamus lawsuit to force the USCIS to issue a decision. Talk to a lawyer about that. Good luck, Jason
Ok thank you i’ll try it , if there is a problem can I ask you about that ? or if it doesn’t help a fool is there anyway I can try it after that ?
Or you can help me ??? About being attorney
You might want to find a local attorney, as that is easier. If you can’t find someone and would like me to review the case, we could do a consultation – you can email me at jdzubow@dzubowlaw.com. Take care, Jason
Hi,
This Thursday I have appointment whit the USCIS office which I made it by web site, what I have to say about my case status? I mean the best way I can fix the problem what should I say??
Thank you
Bring all your documents and receipts, and any evidence of prior efforts to contact them. Tell them that the case is moving very slowly and that you and your family are suffering due to the delay. Ask what they can do to help. If the person is not helpful, ask to see a supervisor. Remember to be polite – you will likely get more help by being nice than by being aggressive. Good luck, and please let us know what happens, Jason
Ok, thank a lot for your help I’ll let you know after what’s happened
I mean I want the best results to ask from them after several times follow up …
Hi,
I walk in the office. First office they told me go to another office in Anaheim,ca , I went there and the guy whom work there told me last action on you case was on April 2017 ,maybe the officer and whom worked on your case were retired or changed the job or changed the department. this the most ridiculous thing I ever heard in my life and the guy sent them emails to NBC to response and they answer him :
“Unfortunately we do not have a public email address for applicants. They can submit their inquiry by using the on-line system at the USCIS website http://www.uscis.gov
Which is I already did several times that’s why I’m thinking there is no chance for me and I have to go there (USCIS office in Nebraska and I’m leaving California) by myself ,is there any way I can try please tell me .
I do not think going to Nebraska will help. There is probably no public access to that office. You might hire a lawyer to try to go trough the liaison process, or – if the Ombudsman did not work – you can try a mandamus lawsuit. It is a real disgrace that they are operating this way, but they are throwing every obstacle in the way of immigrants. Don’t give up, as the law is on your side, and hopefully a lawyer can get it resolved. Good luck, Jason
Hi,
Please can someone help me with the their timeline about receiving I 730 approval notice. I have submitted my application on 11/30/2017. Still waiting for the decision.
Thanks.
We have seem different waiting periods for the initial I-730, but 6 months is a good guess, so hopefully you will get a positive decision soon. Take care, Jason
Hi Jason,
First of all thanks for the information you share here personally, it helped me the time I was waiting for my Asylum status which is now approved. I moved to the states October 2017 and applied for asylum in February and luckily I was scheduled for an interview a month after and then received the good news three weeks later.
My concern is, my boyfriend case has been pending for the last two years and we have plans of getting married this summer, suppose he doesn’t hear from USCIS for his interview, will I be able to file form i-730 for him even though he wasn’t included in my application or I should just wait and apply for my green card first which will be March next year? Thanks.
Dona
To file an I-730, you had to be married before asylum was granted, so that will not work. Once you have a GC, you can file for him (form I-130), but he most likely will need to leave the US to get his own GC, and this may or may not be possible. He may be able to get his GC without leaving. This depends on different factors, including whether he has some other status besides asylum (for example, maybe he is also here on an F-1 and he is still a full time student). There may be other issues as well, so talk to a lawyer to see whether he is eligible, or to help manage him leaving and re-entering with a GC if this is possible. Take care, Jason
Hello Dona,
Happy to hear your case has been approved, could you please tell me in which state did you apply for Asylum? and which lawyer did you choose?
Thanks in advance.
Nana
Dear,
Thank you in advance for you’re unlimited help.
My questions after granted asylum I have filled I-730 to reunited with family members and I have got petitioner and beneficery number.
What is next step after that? How my family interview date they know? Who calls? And how long will take?
Once the I-730 is approved, the case is forwarded to the US embassy and you should receive an email or mail notice about next steps. If you get the approval and do not receive such a notice, try contacting USCIS to inquire. The phone number can be found at http://www.uscis.gov. If they are already in the US, they will just be approved for their asylum status. Take care, Jason
Finally Jason I granted asylum, thank you for your help.
I filled 730 for my family and fortune they granted asylum from
UNHCR. Is this will effect the 730?
Shall my wife should declare this during embassy
Interview? I am afraid that it cause a reject
Because they have alternative.
Appreciate your reply
Congratulations! The refugee grant from UNHCR will have no effect on the I-730 forms. In fact, the US government will likely know about the grant from UNHCR, so if they try to hide that, they will likely have a problem and could have their I-730 forms denied. Just fill the forms truthfully, and they should be fine. Take care, Jason
Thank you Jason,
I owe a lot, you are the best.
Hello Jason. I am a beneficiary of I-730. My mother is in USA and her asylum got approved in 2017 january. She filed my and my father’s petition in march. We got interviewed in September 2017. VO approved our visa and kept passports. But in November i got Ds5535 questionnaire in email and case went in administrative processing. It’s been 6.5 months since we have not heard anything good from.embassy. please can you give any suggestion and tell me when i will get my visa. My passpprt is still in embassy.
You or your mother should try to contact the embassy. Your mother might also try contacting her Congress person for help. If that does not work, maybe she needs to get a lawyer to try to resolve the matter. Lawyers have a liaison process through our association (called AILA) and sometimes that will help resolve such cases. Unfortunately, it is not easy to get the embassy to go faster. Good luck, Jason
Hello Shaiza,
I am also a benificiary of I-730. My mother is in US. My interview was done in 2016 and I am still waiting for good news.
Can we contact personally for discuss about this matter?? Email me – rhm_ashik63@yahoo.com
Hi Jason
Thank you for all your information.
I have a question.I’m from banned country but I am in other country now and my wife is in US ,she granted her asylum and she filled i730 for me last week in Houston ,I want to know how long this process will take?and do you think if I apply for B1 visa in US embassy to try my chance is a good idea or not ?
thank you Mr Jason
I highly doubt you can get a B visa now, but you can try if you want. Make sure to be 100% honest with all questions, as a false answer could endanger your ability to come here based on the I-730. Otherwise, the I-730 should work, even if you are from a banned country. The time is unpredictable. We have seen 4 months and 1+ years. Take care, Jason
Hi Jason,
Could I expedite my family I-730? My wife is sick and needs my help.
You can try – send evidence of her health condition to USCIS with the I-730 and request expedited processing. Good luck, Jason
Hi Jason,
Thanks for all the information you provide in this blog. It’s really helpful. Please help me to clear
2 questions. I am waiting for my I-730 application to be approved at my home country. I am following this link below.
https://www.immihelp.com/processing-times/nebraska-service-center-processing-times.html
I see on December 2017 they are processing I-730 application which was submitted in 2July 2017. My spouse submitted my application and we got the receipt dating 30 November 2017. My questions are Is this bulletin information accurate? If so will there any chances that they will send what is the decision they have taken by end April or May 2017?
Thanks Jason for you help.
Angela.
1 – I do not have much faith in the published processing times (and the website you are using is not a government website, and I do not know anything about that website). 2 – I have found that the processing times for I-730 forms is not very predictable. Some are fast; others are slow. Take care, Jason
Hi Jason
We so thankful for this blog it’s amazing how it’s been such a wonderful source of information to many people so thank you so very much.
My question for today is regarding the issue of filling for partition for members of LGBT community.I read that for an asylee person who is filling for their spouses but they were married in a country where their marriage is not accepted by that particular government even though they have valid marriage certificates (for those who are transgenders after the full transition ) the partition won’t be accepted by Uscis because the marriage certificate is considered invalid ..is this true or are there any other changes made and if the partition is denayed under this situation are there any other options…suggestions..
Thank you Jason.
This is a good question, but I do not know the answer. I thought there was some provision for spouses where the marriage was not allowed in the home country. You may want to contact a group called Immigration Equality – they do a lot of work on this issue, and their website may explain what to do. If you find an answer, please let us know. Thank you, Jason
Dear Mr.Jason
Did you hear any thing about the new ds5535 form and how long does it take from the embassy to reply?
Many thanks for your help
I don’t know much about it, but it looks like more bureaucracy to try to block people from coming to the US, with no security benefit to us – at least that is how I see it. Take care, Jason
Thanks MR.Jason
Dear Jason
Thanks a lot for your effort , Iam a beneficiary of an approved i730, I had my interview at US embassy in Egypt last month but the consular did not take my passport and give me supplemental questions for visa application to be answered and email it back to them and told me that it will take at least 6 Months or more!!
I need to know your opinion about that issue and the time frame for it and is there any possibility to refuse my immigrant visa?? Thank you very much for your help
I have not heard about such a long delay. You might have the principal applicant in the US contact their Congress person about this. They could also talk to a lawyer for help. It is possible for the embassy to deny a visa for you, but that is pretty rare, but a 6 month delay is very long. Take care, Jason
Thanks MR.Jason for your quick response but could you please tell me when and why it is possible for the embassy to deny my immigrant visa? Thanks a lot Mr.Jason
The embassy has a lot of power to deny a visa in anyone’s case. If they think you will violate your visa status (for example, by seeking asylum if you enter the US on a B or F visa), they will likely deny. Take care, Jason
Thanks a lot Mr.Jason
Hi jeson
My wife have granted refuge status in us nd she file i-730 to me and i finish the embasy interview
The consular officer sent me email that says
..yor wee need to get approval from refugee processing center in us beafore visa can be issued
So what it means? And how long it can take to get my visa
I do not know, but if you are from a “banned” country or a Muslim country, the wait may be longer than normal. For the I-730 forms we have done recently, some are very fast (even from Muslim countries) (4 or 5 months) and others are slow (6+ months and counting). Hopefully, it will be relatively soon. Good luck, Jason
Thank you jesson
Hi Jason,
Can I apply I-730 to my family even they have lawful status in another country? Do you suggest me that they have to cancel this residency in this country before going to the USA embassy.
Is this affect my winning asylum case in the future? Because the USCIS may say to join my family in this third country.
Thank you
You can only file the I-730 after you win asylum. And it does not matter whether the family members have legal status in another country. If you have status to live in a third country, your asylum case will likely be denied, but just because your family members have that status, it does not mean you have it. However, if you are concerned about this, you might want some evidence to show that you do not have status in the third country (maybe a website with the immigration law for that country, or a copy of your passport containing a visitor visa to that country, etc). Take care, Jason
Thank you, Jason,
I have granted asylum. Could I apply 730 for my kids even they have residency in the third country?
I answered the below question as NO in my 589 and I do not want they draw my asylum because of the incosistenies.
” Have you, your spouse, your child(ren), or other family members, such as your parents or siblings, ever applied for or received any lawful status in any country other than the one from which you are now claiming asylum?”
Thank you, I apprciate your reply
You can apply using form I-730 for a spouse and/or any children who are unmarried and were under 21 when you filed for asylum. If your family members have legal status in a third country, and you did not reveal that in the I-589, it could create problems for USCIS thinks you lied on the asylum form. Talk to an attorney to see how best to protect yourself. Take care, Jason
Jason,
I’m an asylum applicant, already interviewed, and waiting for the decision. I got enguaged before I came to the US, she still living over the seas (we don’t have a legal proof of our enguagement except for the pictures), I’m planning to marry her with a legal contract at the court where she lives and authorize my parent to sign wihout me being there.
Does she count a relative this way, so I can apply for I-730 petition for her? note that she’s not mentioned in my I-589.
Nick
I believe technically, if you are legally married prior to the decision, you can bring your spouse. In this case, I do not know whether the marriage will be considered a lawful marriage. Also, if you do that, I think you should immediately inform the asylum office and include a copy of the marriage contract and page 2 of the asylum form (with her info). Maybe that will help. If you cannot file an I-730 for her, you will have to wait until you have a green card to file for her, and so it will be several years before she is here (unless there is another way for her to come here). Take care, Jason
Thank you Jason.
Nick
Jason
My wife made it to the US and recently we got married legally on the court, she’s on a non-immigration status (student). my question is, do I have to add her to my asylum application before the decision? or wait until my asylum granted and then apply I-730? and in case I add her to my application is that going to delay the decision? please advise.
Thanks
You can do it either way. It is kind of a pain to add someone to the application, but if you can add her, she will get asylum immediately if you do too. However, if you have already been interviewed, this may cause a problem, since they would need to talk to her too. If you do not add her and then win your case, you can file the I-730 and she can get her asylum status while she is in the US. This takes longer (maybe 6 to 12 months). Take care, Jason
I applied for asylum but my wife has a valid visa can she e treaveling back and forth with her B1 B2 visa?
She could be stopped at the airport and turned back (at that point, she can ask for asylum herself, but she will likely be detained). So she takes some risk traveling when you have a pending asylum case. Take care, Jason
Hi Dear Jason, I have a Question, I won my case and I m aslyee right now, I m came from one of the countries in the travel bans. I have a long time girl friend in my home country my question is can I marry with her and bring her here as part of my family or get fiancé visa for her , before I get my greencard or get my citizenship?
Thanks in advance
Unless you were legally married at the time your asylum case was granted, you cannot bring her here. If you have a GC, you can file for her, but there is a waiting period (currently about 1.5 years). You can only file for a fiancé visa if you are a US citizen. The better idea may be for her to try to come here some other way (maybe as a student) if and when the travel ban ends (though the ban is currently not in effect due to pending court cases, so maybe she wants to try to get a visa now). Take care, Jason
Hello Jason,
Thanks for help us here.
To apply for Green card under approved Asylum mist me physically in USA at leadt 1 year, correct?
If I travel before 1 year and come back to USA?
Do I have to recount 1 year agin or not?
Thx
I think short trips do not have any effect, but if you leave for more than a couple weeks, maybe you can delay filing for the GC for a couple weeks to make up the lost time. I have not see people have a problem with this before, but they are getting more strict these days, so if you plan to leave for more than a few weeks, talk to a lawyer to double check what the law says about travel and applying for the GC. Take care, Jason
Hi Jason,
I have applied EAD one month ago and received the receipt number. when i check the status of the case in USCIS online it say validation error. please share me your recommendation.
Thanks
Maybe you should call USCIS to ask about that. You can find their phone number at http://www.uscis.gov. Take care, Jason
Don’t worried it happens to me within weeks they upload the info on the system and within 45 days I received my work permit . Download to your phone the case tracker app. From there you will be able to track your case and the cases before and after you. Good luck
Hi, i am a permanent resident (GC) will take another 3-4 years to become National. My ex wife and my children came to US on B1 and applied for asylum due to fear of persecution in home country. I also filed I-130 for my son (age 17 now) and daughter (age 15 now) in F2A category and it got approved. Now the case has become current. Questions
1. Can i apply for adjustment of status for them?
2. If not what are the options available including change of status ( to F1, E2 etc) for my children from asylum pending so that we can file I485
3. Third country immigration processing, and its consequences?
4. Home country immigration processing, and its consequences?
5. Can they voluntarily withdraw the application in order to process their immigration case in US or home country and its consequences?
6. My ex wife’s mother also applied for her in F1 Category. When her case becomes current, will she be able to adjust status?
1 – They cab all adjust status if they are lawfully here on the B visa (or some other visa), or if you become a US citizen. 2 – See # 1, and there might be some other (obscure) possibilities, so talk to a lawyer about the specifics of the case to check. 3, 4 & 5 – These are too variable to discuss here. You will need to consult with a lawyer about your case. In general, returning to the home country could cause problems for them, though that is usually less bad for a dependent applicant than a principal. 6 – The wait time is much longer for an adult, and unless your wife is still lawfully here on the B visa or another visa, she would most likely have to leave the US and get the GC overseas. Talk to a lawyer about the specifics, as there are exceptions to these rules, and someone would have to learn more about the case to give you a full answer. Take care, Jason
Hi Jason,
I feel always great reading your blog.Today I have one doubt,
I am asylees granted and have filed for Green card .Its been almost 8 months and still i have not received it .My EAD is going to expire on december .Do I have to renew my EAD again since I do not know when I will get my GC .
Thank you
GC cases are taking maybe 8 to 10 months for most people, so hopefully, you will get the GC soon. If you paid for your I-485, you might be able to use the receipt to get a new EAD based on a pending I-485, and not have to pay anything extra. Or you could renew your asylum EAD (and pay the fee). If you want to be as safe as possible about the EAD, probably your best bet at this point is to file to renew the EAD based on the approved asylum. In that way, you will get the automatic 6-month extension, and you will not have any gaps in your work authorization. On the other hand, if you do this, you may get your green card the next day, and then you will have paid the fee for nothing (you could do a fee waiver – form I-907, available at http://www.uscis.gov, if you qualify). Take care, Jason
Hello, Jason, I hope you are doing great so far…I have some question to ask If you don’t mind. I and my boyfriend who is on pending with asylum case have been living separately for almost 4 years. I met him around once or twice a year with B2visa. As I asked you before, you did advise me to come and join his case so right now I’ve been saving money and preparing myself to get student and go study in the US to reunite with my BF. but I still need to travel back to my country sometimes [different from my BF] because my mom she is really old and needs an extra medical care. my question is which way would you think it will be best for me to come… because I’m afraid if I failed to get a student visa and try to enter the US they may cancel my B2 visa as well.
thank you very much, I am really appreciated your kindness.
If you come here and join his asylum case, you will need to get Advance Parole to travel (form I-131, available at http://www.uscis.gov). If you come here as a student, that will give you more time here, and you can join his case maybe a bit later on, which might allow you to travel back home and return to the US before you get married. I think you would really need to talk to a lawyer to go over all the options, as there are different ways you could do this, and it would depend on your goals and whether/how often you wanted to return to your country. Take care, Jason
Dear Jason,
I’m from the ban countries and I won my case recently.
Is there any chance to bring my family here?
I already applied for them!
Yes – At the bottom of the above article, I provided an update from the State Department, and that indicates that family members of asylees can come here based on the I-730. Take care, Jason
Many thanks
Salams reza
Couls you share your email address so I can have a conversation with you?
Thank you!
Hi
I just wanted to share my experience now with renewal EAD
5 months and still waiting to get it
Nebraska office, they really slow down now & waiting for interview NY office, applied 15 May 2015
Thank you. We have been seeing long delays for EAD renewals in many cases (4 or 5 months or more). You can call USCIS to ask about the renewal or go in person with an appointment. You can find the phone number or make an Info Pass appointment at http://www.uscis.gov. Take care, Jason
Same here, although mine’s been pending since mid-April at NSC (renewal). Service requests, follow-up service requests, and infopass appointments haven’t helped things in the slightest so far. Just trying to be patient.
Hi Jason,
I thank you for precious helps and advice you have been sharing. My question these days is, I am about to mRry an American woman while my asylum case is pending for approval . In my application for asylum I have disclosed that I am married and have children. Now my marriage at home is broken can I proceed then the new marriage and ask for the status adjustment?
Thanks,
Sambod
You would need to first obtain a divorce. If not, it is considered bigamy, which is a deportable offense, and in addition, you cannot process a marriage case is you are already married. Take care, Jason
Hi Jason, Do I have to wait 90 days to file my asylum case If I entered with a B2 visa?
You do not have to wait. However, as discussed above, filing before 90 days could create issues down the line. I am just telling my clients about this rule and letting them decide for themselves, as we do not know if or how the rule will be applied by USCIS. Take care, Jason
[…] cautious in his blog posts, takes a cheerier approach on the affect on asylum seekers (in his most recent post), which in many cases, he feels, won’t be important. People who have already applied and […]
Dear Jason,
Thank you for your help through your blog.
I have a question. I am US Citizen through Asylum, now planning to file I-130 for my sister, she has a pending asylum application for 3 years and now she is waiting for interview, do you think it will help her to to approve asylum if she has pending I-130. Please let me know.She is married.
Look forward your response.
Prateek
You can file for your sister – the process takes about 14 years, depending on her country (you can Google “DOS visa bulletin” to get an idea about that), so it is pretty useless. But there is no harm in filing the I-130, as long as nothing is inconsistent with the asylum case. Take care, Jason
Good morning Mr. Dzubow,
I applied for an asylum case in October of 2016 and my case is currently in Virginia, mind you I married an American woman seven months prior. I then applied for adjustment of status by marriage in June of 2017. Our interview for my adjustment of status through marriage was a week ago in Charlotte, NC and the Officer approved the I-130 for my wife. However, the I-485 for me is still pending approval due to my asylum case. The officer said that a request for my asylum case would be sent to the asylum office and I would either be notified by mail or I would receive my green card. I do not understand what is the need for my asylum case to be sent to another office, why is approval pending until then, what is the process for the approval between the two cases and long does this usually take?
Thank you for your time and humanity.
Best regards.
The officer probably needs to see your file before approving the I-485. He should contact the asylum office to get it, but you can also contact the asylum office to ask them to send your file to Charlotte (or to do whatever is necessary so the I-485 case can be processed – maybe this will require you to withdraw the asylum case; you can ask about that too). You can find the asylum office contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you very much. Does this affect the marriage file?
Does it take a long time for processing or what can happen? Also, yesterday my wife received a letter stating that her file was approved (I-130).
Possibly – contact the asylum office and let them know what is happening. Maybe they can advise you. Take care, Jason
Hi
I would like to know which cases Arlington office is interviewing now during Oct. And last Sep. since last update is up to Aug.2017 which for cases filed during June 2014 . For my case I filed Aug. 2014 and still did not recieved any think.
Could any body shear their time line who are within this peroid and for Arlington office.
Regards,
We are still seeing them interview cases from June 2014. Take care, Jason
Hello Mr Jason
Please help me !
I have been prosecuted in my home country (middle east) based on my religion
I want to apply for asylum because if I went back home it will be so dangerous ( death )
but I knew an american lady online before I come her to the US we were online friends
and I met her in person here in the US. she is nice, loves and cares about me and I’m the same to her because we live together now
I wanna marry her but there is age difference I’m 31 and she is 62 ! (31 yo difference)
Do you advice me to Adjust of status based on marriage ?
or apply for asylum ?
or just marry her without applying for AOS and Apply for asylum ?
Please help me I’m so confused, I’m afraid they deny my AOS and then I can’t apply for the asylum and force me to go back to my country and It’s really dangerous
The age difference will be a “red flag” for the marriage case, but if the marriage is true, you should be able to get your green card that way. You can apply for asylum and also apply for a GC base don the marriage, or just do one or the other. It is up to you. Maybe talk to a lawyer to evaluate the strengths and weaknesses of each case so you can best decide. Take care, Jason
sorry Jason but I already talk to a lawyer he told me no grantees in general and he told me that he can file for
my asylum with lower fees but without putting his law firm name on the file just not to miss the 1 year bar and we do the AOS based on marriage
even if won my asylum case I would marry her because I really love her and I live with her
but she is older than me and also was married to non citizen and filled petition for him !
It is sure a true marriage but I’m worried because of red flags
IF you can advice me now what to do ?
can I have you phone number and how to contact with your law office, I hope you are in the same state !
Thanks alot
I would be very cautious of any lawyer that will file a case without putting his name on it. This is not allowed under the rules, and any lawyer who would break the rules is not someone to be trusted with your case. It is better to just do it yourself. At least you will take care to do a good job. As for the marriage, it should be just fine to get the green card that way. Just be aware that USCIS will view the age difference as a red flag, and make sure you have evidence to demonstrate that the marriage is true. I do not think this is a big deal – we do many cases with similar “red flags” and as long as you are aware of the issue, you can deal with it (by submitting evidence that the marriage is true) and be successful. I am in Washington, DC and my contact info is at right if you need it. Take care, Jason
you are completely right !
so you advice me to apply for the asylum first then do the marriage, because I read and heard a lawyer once said that if you have a pending asylum case and you apply for AOS based on marriage but you have a red flag, this will delay your cases and they put you on a long hold ?!
is that true ? or just do the AOS based on marriage ?
I wish I were in your sate.
you just do really care about your site visitors and I can Imagine how much you do care about your actual clients
I really appreciate, Thanks
There can be delays to adjust status for people with pending asylum cases. If you have not yet filed for asylum, and you are married, you can just do the marriage case. But if you are not confident in the marriage case, you can do asylum. Or you can do both. It is basically up to you. In this situation, it is best to talk to a lawyer and go over the pros and cons of each option and then decide. It seems to me that as long as the marriage is true and the asylum case is true, you should be able to get your status here; you just need to decide which path is best. Take care, Jason
Hello Jason
I ve been following your website gingerly for a long time. Firstly i am realy appreciated for this great job.
My case has been filed by August 8th 2017 in Houston , Tx office. Since this date it is pending for 64 days. My question is if i change my recent adress or move to another state before getting EAD makes delay on getting EAD or whole process ? Otherwise if i move my case to San Francisco, CA office (because best asylum approval rate % 76,5) within this time, does it cause a big delay getting EAD ? What do you suggest ?
Thanks in advance for your kind responce
My preference is that the case not be moved until the person has the EAD in his hand. However, if a case is moved, USCIS says that it does not affect the EAD processing. I am not sure I believe that. I always recommend keeping the same address until you have the card, but if you cannot, you should still be able to get the EAD within the same time frame, at least according to what I have heard from USCIS. Take care, Jason
Thanks Jason. Mostly people say what you say.
I filed for asylum for over 2months now. Even to received a receipt for notification is pending. Please can I know what might be the problem?
If you have not yet received the receipt, there might be a problem. Normally, it only takes about a month. You can contact your local asylum office to ask whether the case has been received. You can find their contact info if you follow the link at right called Asylum Office Locator. If not, you can get a copy of your file (if USCIS has it) by filing a Freedom of Information Act request using form G-639, available at http://www.uscis.gov. The problem with that is that it is too slow. And so if the asylum office cannot confirm that your case is received, you should probably re-file with an explanation that the firth application is lost. Also, double check that you mailed your case to the correct address (there are different filing addresses depending on where you live), because if it was sent to the wrong address, it could disappear. Take care, Jason
Hi sir jason this is off topic i have small question but it’s very important to me, i am married and i have pending asylum application, my spouse is with me in the US, we want to re-marry each other and get new marriage certificate from here is it possible? Or must we get divorced first? Please and thank you.
I do not know about that – you can contact the county clerk’s office (which issues marriage certificates) and ask them. Take care, Jason
Hey, Jason, how you are fine.
Do you have any information on Trump’s administration’s new immigration proposal as it relates to “overhauling” the asylum process and the types of benefits, or lack thereof, proposed for DACA recipients?
Thanks.
These are some articles below:
http://www.washingtontimes.com/news/2017/oct/8/trump-send-70-point-immigration-enforcement-list-c/
http://www.timesnownews.com/international/article/donald-trump-sends-immigration-enforcement-plan-to-congress-mum-on-h1b-visas/103452
I am going to try to write a post about it, at least that portion of his proposal that would affect asylum seekers. Take care, Jason
Thanks, Jason
I am on an asylum application.
I am considering moving to Newyork city when i can get my EAD.
Does it affect my case
If i move city? Will my interview date further delay if i move addresses?
Will I be able to use the same work permit?
Pls Jason if you could share some advice on this, much appreciated!
You can use your work permit anywhere in the US. If you move, it could cause you to change asylum office (you can check that if you follow the link at right called Asylum Office Locator at enter your old and new zip codes). If you move to a new office, you keep your place in the queue, based on your original filing date. Take care, Jason
Hi Jason,
This is very troubling. I am a Syrian asylee I filled I-730 in December 2016 and got approval in September 2017 for my wife. My wife’s interview at the embassy is in November which is after phase 2 of the proclamation. Do we have any chance, given that we got the approval before this P.P. was passed?
I do not know how they will implement the rule, and I suspect that there will be litigation if they deny I-730 petitions. Hopefully, they will just approve it, but keep watching the news about this. Also, if they deny it, you should contact the ACLU or some other advocacy group for help. If that happens, and you need help, you can let me know and I can put you in touch with such a group (they should represent you for free). Also, whatever happens, please do let us know, as it will help other people who are also waiting for their family members. Take care, Jason
Hey Jason,
Thanks for the reply. I found this just now which might clear things up:
https://travel.state.gov/content/visas/en/immigrate/join-refugees-and-asylees.html
it says that the new pp will not affect follow to join applicants
That is very helpful – Thank you. I updated the article based on this information. Take care, Jason
Hello Jason,
I recently moved from were I lived and sent a notice of change of address to the asylum office which remain the same because I’m still in the same office area. The question is: as I’m waiting to receive my interview letter, will it be sent by USCIS or the Asylum office? From what I know I did not send any change of address to uscis but only to my Asylum office. I know it was updated with them because I received a reply back from them confirming that I have a new address and a new attorney on my case with them.
Thank you for your reply.
You can update your address on line using form AR-11. As long as you indicated it was an asylum case (I-589), you should be fine. You can contact the asylum office to double check that they have your address. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, if you have a lawyer, the lawyer and you will receive the interview notice, which is sent by the asylum office. Take care, Jason
Hi jason .. thank you for your time and support,
My question is how can I bring my wife and my two years old son (US citizen) to US while I am still waiting for my interview since may 2015, my wife tried to get a visit visa but she got refused.
There is no easy way to do that. If your wife is eligible for an H1b or L visa, that might work, but generally, if they think she will come to the US on a visa and then remain here permanently, they will deny the visa. You can try to expedite your case – I wrote about that on March 30, 2017. Also, maybe you can travel to meet your family in a third country – I wrote about that on September 11, 2017. Take care, Jason
Hello Jason hope you are doing well, this new rule is just for ban countries or all asylees can’t bring family’s to U.S .
Many thanks .
Just for the banned countries listed in the first paragraph of the article. Take care, Jason
Hello mr Jason i past my intervew for asylum in june 14 but i did not get answer .how many time it take for immigration send me the dessispion of intervew and if im approved can i trip out sid of US for emargancy reason ?
What is your timeline & office?
Wich office was your interview ?
Sf office
There is no way to predict how long it will take to get a decision. You can contact the asylum office to inquire about that. You can find their contact info if you follow the link at right called Asylum Office Locator. As for travel with Advance Parole, I wrote about that on September 11, 2017 – maybe that article would help. You should know that if you apply for AP and then get a decision (good or bad), the application will be done and you will not be able to travel, at least with AP. So before you apply, you should inquire with the asylum office to see whether you can learn anything. Take care, Jason
Hi Jason,
I am an Asylee dependent ( derivative Asylee) and I am filling the N 400 form for naturalization, in the interview does the officer will ask me about the details of my husband asylum case, what kind of question normally they ask beside the English test, my husband ( the principal Asylee) not applied for naturalization yet is that will affect my case,
Thanks
These days, it is difficult to know, as USCIS is making it more and more difficult for people. You should be prepared to discuss your husband’s case, to the extent that you know about it. If you do not know, do not guess – just tell them you do not know. You may need to explain why you do not know details of your husband’s case, so keep that in mind too. Take care, Jason
Hi Jason,
I got notice of approval for initial EAD (category c8). Hope that I would receive the card in a week. I had had social security number via J1 visa like 10 years ago as I came to US for couple months within this visa.
Once I reveive my EAD card, Should I apply to a new SSN? or Can I use the one I got before.
SSN will remain same for ever, when you get your approval, you apply for unrestricted SSN.
I think you should use the old one, but I am not sure – you should check with the Social Security office. Maybe let them know about the old SSN and the EAD, and they will tell you. Take care, Jason
Hi
I have pending asylum. Submitted on march 2015. I come under chicago. The scheduling shows 3 different dates for chicago. I have not received any interview letter yet.
If i change my address that has a change of state .how would that effect my case??
Is it wise to change the address or wait ??
The Scheduling Bulletin shows the last 3 months. You should look at the most recent month (I think August 2017) and that shows the cases they are currently interviewing. If you move, your case may remain with the Chicago office – it depends where you go. You can check by entering your new zip code in the link at right called Asylum Office Locator. If you move to a new office, you should keep your place in the queue. Take care, Jason
Thanks for reply. I am in nebraska now and I want to move to illinois state so the office would remain the same. So my queue would remain the same?
I submit i 769 in march 2015. Still waiting for interview.
I saw the schedule again a d still confised as it shows for 3 months and also lists people who submitted in marxh 2015. But i did not receive any letter. What should i do nkw to inquire about my letter?.
Sorry i meant form i 589.
If you move and do not change asylum offices (or sub offices), everything remains the same in terms of the queue. You just have to notify the asylum office by filing the form AR-11, available at http://www.uscis.gov. You should look only at the most recent month on the Bulletin. If the asylum office has passed your filing date, you can contact them and inquire about the interview date. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Today i received receipt 797c from chicago offoce that uscis is proceasing the pettion or request and no new biometric required.
My question is
What is the next step in the process and what should i be expecting in terms of notices or letter?
Almost how long does it take to get interview call once we get letter like this that they are procesing ?
If you are talking about the asylum case, you have to check the Asylum Office Scheduling Bulletin – a link is at right. Take care, Jason
I got the date now. Can you pls help or provide some links that would help in preparing for asylum interview. Any tips and good advice.
Also who can be interpretator?
I did a posting on September 8, 2016 – that may help. As for the interpreter, you have to find someone. You can use a friend or find a service to pay someone. It is best not to use a close relative, who may not be viewed as neutral. Take care, Jason
Hey Jason, I applied for EAD in July and USCIS Shipped it on tuesday 10/4. it was supposed to be delivered on friday 10/6 but I think USps lost it because tracking says “delivery status not updated” after it was out for delivery. If its lost how long will it take to get a replacement and what are my options? Thanks so much. I am really stressed out
Hay raey. Hope you doing good. May I ask what tracking number do you use to track down your EAD from USPS ??
Thanks in advance
I just called and spoke to a tier 2 rep at USCIS and he gave it to me
If your address is updated with USCIS, you will hopefully just receive the card. Sometimes, there are delays in mailing and receiving. If you don’t get it, you can contact USCIS about that, but hopefully, it will not be necessary. Take care, Jason
Thanks for your response Jason. I also called USPS and they said they will have to search for it. I’m just hoping it isnt lost. Will I have to wait to contact USCIS 30 days after they sent it? or should i contact USCIS Immediately. I got my NOA so I believe they have my correct address
I might wait a few days to see whether it shows up, but you can contact USCIS immediately to see what they recommend. Anyway, they are closed today and there is no mail today, so hopefully you get it tomorrow. Take care, Jason
Thank you sir
Hi Jason,
Me and my wife were granted asylum, thank you for your support. The decision was received surprisingly fast, despite even fact that my spouse passed her first fingerprints 2 months ago. Of course it is not the end, and we probably will meet other difficulties on our way.
I have filed in the end of July for my EAD renewal and paid fees. What do you think? Is it possible to get this money back,since I was granted? if yes, How difficult this process is?
Thanks again
Good luck everyone!
Congratulations on the grant – it is great to hear. As for your money, I think it will be very difficult or impossible to get it back. I suppose you can send a copy of the I-765 receipt and the grant letter to USCIS and request a refund, but I highly doubt that will work. If it does, let us know. Take care, Jason
Congrats Alan would you please share time frame & office of filling ?
Hi Jason
Uscis never published N 400 statistics by green card holders category, according to your experience the approval rate of Asylee applying for Naturalization is the same as other categories( through family ,refuge status ,family) or lower.
Thank you
I don’t know. Though I have seen examples (especially lately) of USCIS denying N-400s for relatively minor issues, and those cases were all asylees. Take care, Jason
Thank you Jason for your patience,
If uscis denied the N 400 for Asylee they will revoke the green card or no and what are the minor issues they are checking. Thanks
Minor issues like misrepresentations on the old visa application or an incorrect box checked on the I-485 when people applied for a GC. I have not seen USCIS deny an N-400 and then try to revoke a GC, but they could. I imagine it would depend on what the person did wrong. In most cases, for asylees, they are eligible for a waiver and so they would not ultimately be deported, but it would be a big pain to deal with that. Take care, Jason
thanks so much Jason for all your time & info you put.
I have a question please, I granted my asylum back in July & am planning to travel to Turkey on March using a travel document. Do you think I would have any issues entering back U.S since am Syrian & didn’t get my green card yet? which document should I show officers at the airport to enter U.S on my way back beside travel document? Should I have with me the I-94 I got when they granted my asylum or just the travel document should be fine?
Thanks in advance!
You will have no problem. I am an asylee and travelled six countries using travel document. I am now at Senegal and see no problem to your travel to Turkey.
Thanks Shalom for your answer,
have you returned back to U.S & had no issues entering?
You should have a Refugee Travel Document (form I-131, available at http://www.uscis.gov). If you have that, and you go to a third country, you should be able to return, at least as I read the newest travel ban. You probably should keep an eye on the news to make sure that other people like you are not having problems. I recommend you also travel with copies of your asylum approval documents, but maybe just have access to them on-line somehow. Then, if you need them, you can get them. Take care, Jason
Hello Mr Jason, I came to the U.S. with b1visa six months after the validity of my stay making it one year, can I still apply for asylum? Thanks and God bless you abundantly
I do not understand the question. A person must file for asylum within one year of arriving, or meet an exception to the one year rule. If you have been here less than one year, you should be fine. If it is more than one year, you need to meet an exception to the rule. Take care, Jason
thank tou very much.
my attorney want my kid ( who is not my biological kid & i dont have his adoption documents) should apply separately.
according to him minors get asylum quick . the reason for asylum is conversation to Christianity .I want to know about your opinion.
thank you
I don’t know your case, so it is difficult to comment. However, I would be very skeptical of such a strategy. In my experience, it is usually better to keep the entire case together. Also, I do not know that all minor cases would be processed quickly (though cases where there is no adult present are usually processed more quickly). Also, I am not sure how the asylum office would react to having you split the cases up, as my impression is that they prefer to keep family cases together. Take care, Jason