Aside from winning asylum, probably the most common way that asylum applicants obtain a Green Card is through marriage to a U.S. citizen (I wrote about that here). But there are other ways, and I will discuss some of those today.
As a preliminary manner, we need to talk about two concepts: lawful status and unlawful presence.
A person has lawful status in the United States if she arrives with a visa (or a visa waiver), does not violate the terms of that visa (by, for example, working without authorization), and the period of authorized stay has not yet expired (you can check whether your status has expired here). Such a person is considered “in status.”
The second concept is called “unlawful presence.” If you remain in the United States after your authorized stay has ended, you are unlawfully present. Each day you remain in the U.S. after your status has expired, you accrue one day of unlawful presence. If you have more than 180 days of unlawful presence, and you leave the United States, you are barred from returning for three years. If you have one year or more of unlawful presence, and you leave the U.S., you are barred from returning for 10 years. In attorney-speak, this is known as the 3/10 year bar. It is important to note that this bar only goes into effect if you leave the country. If you remain in the U.S., the 3/10 year bar has no effect. If you are (or will be) subject to the bar, it is still possible to return to the United States, but you need a waiver, (or a provisional waiver), which can be difficult and expensive to obtain.
For people who entered the U.S. illegally, there are a whole set of other issues. In short, most such people will have to leave the U.S. to get their Green Cards, and this will likely be very difficult, since they may face various bars to returning. People in this situation may be eligible for a provisional waiver, or they may be able to obtain their Green Card under INA § 245(i) (discussed below). If this is you, talk to a lawyer about how to proceed, and make sure the lawyer maps out for you the whole process–how will you get from where you are now to a Green Card? Will you have to leave the U.S.? How will you return?
One last point, assuming you are “in status” and eligible to obtain your Green Card in the United States (called “adjusting status”), you normally must file the application (form I-485) before your lawful status expires. If you do that—even if your status expires while the I-485 is pending—you are eligible to adjust status. If you have to leave the U.S., you would certainly want to talk to a lawyer to be sure you are eligible to leave, get the Green Card, and return. I will discuss leaving the U.S. to get a Green Card in the final post of this series, so stay tuned.
With these preliminaries out of the way, let’s discuss some ways a person with a pending asylum case might obtain a Green Card.
Family Petition: Here is a list of family-based immigration categories (aside from immediate relative categories, which I previous discussed): (1) A Lawful Permanent Resident (“LPR”) can file for a spouse; (2) An LPR can file for a child who is under 21 and unmarried; (3) A U.S. citizen can file for an unmarried child who is over 21 years old; (4) A citizen can file for a child who is married; (5) A citizen can file for a sibling.
If you are in one of the above categories, your family member can file an I-130 petition for you. The different categories have different wait times, which you can see at the U.S. State Department Visa Bulletin. Also, certain countries—Mexico, China, India, and the Philippines—may have extra-long wait times, which you can also see on the Visa Bulletin. Once the date on the Visa Bulletin matches or passes the filing date for the form I-130 (called the “priority date”), you can apply for a Green Card. However, you might need to leave the United States in order to obtain the Green Card.
So how do you know whether you have to leave the U.S. to get your Green Card?
In order to get your Green Card based on one of the above categories without leaving the United States, you need to have entered the U.S. lawfully and still be “in status” (as discussed above). A pending asylum case is not considered “in status” for this purpose. Meaning, you need to have some other lawful status that has not yet expired (F-1 or H1b are two common possibilities). Given the long wait times for many of these categories, few people will be eligible to obtain their Green Cards without leaving the country.
There are exceptions to the general rule. The most common exception is under INA § 245(i). That section of the law states that a person who was physically present in the U.S. by December 20, 2000, and who was the beneficiary (or sometimes, the child of a beneficiary) of a family- or employment-based petition, or Labor Certification petition, filed by April 30, 2001, may be eligible to obtain a Green Card based on one of the above categories without leaving the U.S. If you think you might be eligible under INA § 245(i), talk to a lawyer to be sure. One other possible exception involves people with TPS, but such cases are often complex and you would need to talk to a lawyer about what to do. You can find some basic information about TPS and adjustment of status here.
Employer Petition: There are various types of employment-based petitions for a Green Card, called EB-1 through EB-5 (EB means “employment-based”). Some categories have a waiting period (and certain countries have extra-long waits); others do not. You can see all that here. Also, certain categories allow you to self-sponsor (EB-1, EB-2/National Interest Waiver, and EB-5). Other categories require an employer to sponsor you. Some categories allow for “premium processing,” which means you can expedite the case by paying an additional fee. In general, employment-based cases are complex, and you would probably want to use a lawyer to help you. USCIS has a good overview of the different employment-based categories and the requirements for each.
As with family-based petitions, unless you are “in status” (and a pending asylum case does not count), you would need to leave the U.S. to get your Green Card (this is where premium processing can sometimes come in handy) (also, there is a possible exception to this rule for certain employment-based categories where the period of the violation did not exceed 180 days, or where the period only exceeded 180 days due to a “technical violation” or through no fault of the alien – and potentially, this could include a person with a pending asylum case). Be aware that if you have unlawful presence, you could be barred from returning after you leave, per the 3/10 year bar (discussed above). Finally, employment-based immigrants may benefit from the same exceptions as family-based immigrants: INA §245(i) and perhaps TPS. In short, this can get very complicated, very quickly, so talk to a lawyer if you think you may be eligible to adjust status based on a job.
One word of caution for the EB categories. I have seen a number of instances where the alien hired (and paid) a lawyer to help with an employment-based Green Card, only to learn later that he (the alien) was ineligible to actually get the Green Card. The lawyer successfully completed the first step of the process (the petition or I-140), but the alien was ultimately ineligible to get the Green Card due to the 3/10 year bar, a prior removal order or for some other reason. The attorney knew or should have known this in advance—before the client started spending money on the case—but for whatever reason, did not inform the client. The short answer here: Make sure when you talk to a lawyer, you have her explain the entire process, whether you need to leave the U.S. to get your Green Card, and how you will do that and return. To be extra safe, I would have all this in writing.
Diversity Visa Lottery: If you win the Visa Lottery, and you are “in status,” you may be able to adjust status, as discussed above. If you are no longer “in status,” you would have to leave the U.S. to get your Green Card (unless you meet an exception, such as INA § 245(i), as discussed above). As always, be aware of the 3/10 year bar and any other bars to re-entry. Also, if you plan to leave the U.S. to collect your Green Card overseas, talk to a lawyer about the process, as the Lottery can be tricky, and you do not want to take get stuck outside the country.
Some Other Random Ideas: Aside from the more common ways to obtain a Green Card, there are some more obscure paths as well. Some of these might allow you to obtain a Green Card without leaving the U.S. If you think you might qualify for one of these visas, talk to a lawyer to evaluate your case. For a number of these visa, your best bet might be a non-profit organization, as many of these visas apply to particularly vulnerable people, who are often served by non-profits. A list of such organizations can be found here. Without further ado, here are a few of the lesser-well known paths to a Green Card:
– S Visa: The semi-mythical “snitch visa” for people who cooperate with the government in a criminal or terrorism investigation. I wrote about it here.
– T Visa: This visa may available to victims of “severe trafficking.” You can learn more here.
– U Visa: Victims of certain crimes who assist law enforcement may be eligible for a U visa. Learn more here.
– SIJ Visa: The Special Immigration Juvenile Visa may be available to minors who are abused, abandoned or neglected. If you are under 21 and you are not with a parent or guardian, you may qualify. More information is available here.
VAWA: Under the Violence Against Women Act, certain battered spouses, parents, and children are eligible to file for a Green Card (both men and women can qualify under VAWA). Learn more here.
In the final installment in this series, I will discuss leaving the United States to get your Green Card overseas.
Hi Jason
I truly appreciate your time helping us, it means a lot to all of us. I have question for you!
My wife has applied for asylum and she had her interview a few month ago and still waiting to hear the decision. I’m added to the case as a derivative and currently on f1 visa. I would like to apply for canada express entry immigration program as a back up plan for our immigration case.
I was wondering if I open the Express Entry case for me and my wife, and wait till our case comes out of pool, which may take a year or so, is it going to affect our US asylum application? FYI, after having your case come out of the pool, you have still one year to move to Canada and get the Canada permanent residency.
My plan is if in case, for any reason, things don’t go well with the the asylum case, we would have a place to go.
Thanks for your time.
I do not think such an application would affect an asylum case. However, if the US government thinks you are “firmly resettled” in Canada, you will be ineligible for asylum. I doubt that is the case here, but it depends on the specifics of the situation at the time of the asylum interview. Take care, Jason
Great and outstanding work as usual Jason and the Entire Jason’s Team !
Question? I have applied for GC after I completed my one year waiting time after I granted Asylum , almost six months after they have completed my finger print there is no changes on the website what do you think do you think the processing time that they posted on the USCIS web site is that accurate I have to wait 12to 36 months to get the GC ?
Many thanks
God Bless you
I am hopeful that a GC based on asylum will be quicker, since an interview is generally not needed. But everything is slow, and I doubt the card would arrive in less than a year, though we can always hope. Take care, Jason
Hello Jason/Asylumist community.
I sent 2 emails during 2018 (6 month & 2 months ago) requesting a status on my pending case to SF office. I have received no answer. Not even an automated answer which they used to send on the same day we send emails asking to be patient while they process the request. So since 6 months I started recieving no answer at all. Any body experienced the same?
I emailed them yesterday and received the automatic reply acknowledging that I sent the email. Maybe try again. You can also try going in person, if they are not too far, or calling, but calling seems to rarely work. Take care, Jason
Is there any reason that they could block people emails? Can TRIG be a reason for this?
I have not heard of that, and I doubt it. Take care, Jason
Will obama care medical insurance affect my pending asylum case or the decision if I apply for it since I don’t have a health insurance based on work (part time) yet?
Thanks Jason
The rule about this is not yet published, so we really do not know. However, I suspect that asylum seekers and asylees will not be affected by the change. Take care, Jason
So do you recommend me to stop it ?
The tax requires to provide a health insurance. and I think they apply a penalty if you don’t have an insurance. Please Jason tell me what to do?
The problem is that we do not know what the new requirements will be, and so it is not possible to advise you. I do not think they will affect asylum seekers or asylees, but I am not 100% sure. I think if you want to be extra cautious, you could avoid taking any public benefits at all, but maybe that is over-cautious. I am just not sure. Take care, Jason
Thank you Jason for your answer and caring
You are not only a very good lawyer but also a very good person
I already have the obama care
I pay the most cost of my insurance plan and the rest is like tax credit. Because I have to take the medication necessarily
To be more cautious I can stop it? Or it doesn’t matter since I already took it before so it will be counted that I received it already ?
One last question
Can they refuse asylum for any reason outside the case like having medicare despite you deserve the asylum and have a strong case?
Thanks vey much
I suppose it might be more cautious if you never had it, but at this point, you already have it, so there is probably no point in stopping. The issue is, until we know what the new rule is about this, it is hard to advise anyone. Once the rule is issued, take a look and see whether it might apply to you. Asylum would not be refused for getting Medicare. It could be refused for issues outside the case, like criminal convictions or lies on prior immigration forms, or maybe other things like that. Take care, Jason
Hello. I have applied for asylum in San Francisco 2 years ago and had 2 interviews and still pending decision. I want to move to Florida. From my understanding, if I move, the case stays in SF. But what if I got a referral to immigration court?! Is the court gonna be in Florida or SF?! Can I keep it in SF?! Thanks
You have to inform the asylum office of your new address, using form AR-11, available at http://www.uscis.gov. The case will stay in SF, but if they need another interview, that would likely be in FL. Also, if the case is referred to court, it should be in FL as well. Take care, Jason
Hi Jason,
Can you please give more details on self sponser? I have mu asylum pending since 2015 i dont have any other status except pending asylum. What else can be done?
Typically, that is an extraordinary ability person (EB1) or a national interest waiver case (EB2). You would have to talk to a lawyer about that, or maybe other possibilities, as I do not know enough about your case to say much. Take care, Jason
Hi Jason
Thank you for this article, I discussed with my lawyer about this .
My situation is I am asylee my case pending since 2014,
He advised me to get married and after that I can apply advance parole and reenter with AP,
My question if I reenter with AP, which status I will have? Thank you for your time.
AP allows you to be paroled in. It counts as a lawful entry, and so for people who entered the US illegally, one option if they marry a US citizen is to leave the US with AP, and then return. Once they have a lawful entry (using AP), they can adjust status and get a GC in the US. Take care, Jason
Thank you for the answer Jason, God Bless you.
Hi Jason,
Do asylees have to pay the fee for form the travel document and the EAD renewal when they submit the form I-485 with the $1225? Or do they have to pay separate fees for those documents?
When you pay for the I-485, it includes the I-765 and I-131, if you file everything at the same time (theoretically, you can file the I-765 and I-131 later, but USCIS seems to not accept the fee receipt like they should, and so you might end up paying two times if you try to submit the forms separately). Take care, Jason
Thanks, Jason
Can anyone tell me how much is the fee to renew the EAD, please? I am an asylum seeker with a pending application.
The fee for the first EAD based on a pending asylum case is free. A renew is $410, which you can see if you check the I-485 webpage, available at http://www.uscis.gov. Take care, Jason
Hi Jason,
I know you answered that question before in the comments, but i could not find it. I would really appreciate if you help me and answer this. I am applying for EAD renewal for the second time and application has this question-Have you ever been arrested. I was detained for participating in the peaceful protest against the government actions, but they have never issued an official arrest paperwork to me. I am not sure if its considered that i still was arrested, even though they had no rights to detain me, but still did so, because its a normal practice in my country?
There is no answer and no guidance from USCIS about how to answer this, so I really do not know what is best. Whatever you check (yes or no), you might circle the question and then write “see cover letter”. In the letter, you can explain what happened. Whether this will cause delay or create any other issues, I do not know, but my fear is that if you simply check “no”, USCIS might accuse you of lying on the form. Take care, Jason
Thank you, Jason. That is what i though so
Hi Elena, I am about to file for EAD renewal, and have seen the same question. I was in similar situation like you with no proof of arrest to support. How did you deal with this question and did your answer affect your EAD renewal process?
Thanks.
This question has also confused me. Thank you Elena for raising the question and thank you Jason for the insight.
I wanted to post an update. I sent my work authorization renewal form to USCIS on September 27. I did mention on the application that I was arrested, however I also attached detailed explanation why I do not have arrest paperwork and why I think it was not authorized arrest. Just yesterday I received my renewed work authorization card. Faster than I though, since I prepared myself for a longer wait due to answering yes for arrest. Jason, thank you for your help and support for asylum seekers! Happy Thanksgiving!
Glad to hear that – and thank you for letting us know. Take care, Jason
Hi Jason, quick question: what is the best way to submit the hundreds of pages of supporting documentation with the I-589? Some say double hole punch the pages at the top, don’t use binder clips or use binders? I am confused. How do I submit the complete packet?
Thank you!
We make an index and put that on top, number each page of evidence, and tab each exhibit. We double hole punch the packet and use a two-prong metal binder-thingie to put the whole thing together. We also submit two identical packets. I think you do not have to submit it this way, and I think the rules are flexible at the asylum office level (not in court), and as long as it is organized, you should be fine. Take care, Jason
Thank you so very much!! Your blog has been such a wonderful resource.
Thank you for your time.
I forgot the regards :p sorry
Hi, Jason,
How are you doing. So I registered for IELTS general training test for the following months in order to get a score to apply for Canada’s express entry program.
I have two questions:
1) would the fact that I applied for asylum in the U.S. affect my otherwise eligible application to the express entry program ?
2) If my EE is approved, am I still eligible to continue my asylum case in U.S. ?
Some basic info about me: I am currently maintaining valid OPT status while on asylum and I haven’t had my interview yet.
1 – I do not know – you would need to ask a lawyer who is familiar with Canadian immigration law. 2 – If you are offered permanent status to live in Canada, that could constitute “firm resettlement”, which would make you ineligible for asylum in the US. However, I do not know whether this program gets you permanent status or what you need to do to get permanent status in Canada if you are accepted. So, the program might block you from asylum, but applying for the program (if there is no answer yet), should not block you from asylum. I think you would want to ask the Canadian lawyer when you would receive permanent status in Canada, as that would help you understand the effect on your US asylum case. Take care, Jason
Thank you !
Hi Jason,
I have been waiting for this article. I am not sure if you remember me, but I have inquired for similar information in the preceding article, and thank you, you always deliver. Sadly, I don’t see any chance for me here as my fiancé is not a citizen yet and as I will be affected by 3/10 too. It seems that my only option at the moment is to wait with my pending asylum.
Today I would like to ask you about EAD renewal process in these days . I filed my asylum application through the San Francisco office in August 2016. Now, I have realized that my work permit is going to expire in about six months. This is my first time applying for renewal, do you have any advise or tips on when/how to apply for the EAD renewal to avoid delays or EAD expiration? This will help me a great deal. Thank you again for your non-stop support.
Kind regards,
AB
For renewal there is little you can do to avoid delays… but nowadays I think the EAD is generally processed within 6 months, and also with the 180 days automatic extension you should not worry it will expire for employment authorization purposes…
However, you can apply up to 180 days before it expires so generally I think that is the best thing to do here. Don’t see much reason to wait and not to apply early. Also make sure you follow the instructions, include all documents & fees.
Given that the situation is complicated and there are exceptions, I would recommend you talk to a lawyer to be sure. As for the EAD, you can renew up to 180 days before the old card expires, and filing for the renewal automatically extends the old EAD for 180 days, so if you file on time, you should not have gaps in employment eligibility. Basically, renewing is similar to applying for the first EAD, but you need to pay the fee (or use a fee waiver, form I-912, available at http://www.uscis.gov). Take care, Jason
Hi Jason, Thank you very much for your support and your willingness to share your experience. My spouse is on a J1 visa, currently on his 5th year, I applied for asylum and included my spouse as my dependent at the beginning of 2017. Once the J1 visa of my spouse expires, would it be necessary for her to return to her country if she would like to pursue a green card. She does not have the 2 year bar stamped in her visa on her passport. In addition, would getting a H1B visa help her stay in statues before the J1 expires, if so, could I benefit as her dependent under her H1B visa?. Thank you in advance for answering my questions. We are running out of hope here!
If she is still in J1 status, she can switch to another status (such as H1b). If you are still in valid status (maybe J2), you can also switch to another status (such as H4). If your status or her status expires, then most likely, you would need to leave the US to get a new status. I would talk to a lawyer about all this, especially with the J1, you want to be sure about eligibility and make sure there is no 2-year home residency requirement. Take care, Jason
HI Jason,
i have few qus like DO uscis can excess to your mails and check all the mails or ur messages to do back round check . DO you know any of ur client who told you that uscis can excesses they mail or chats ?
I have heard about them looking at publicly available info on Facebook and Google, but not looking at private chats unless they ask you about that first. I wrote something about this on March 15, 2017. Take care, Jason
Hello Jason,
I just submitted my EAD and I got my receipt, is there anything else I need to do or I just have to wait for the approval of my EAD?
Sometimes, they ask for fingerprints, but other than that, there is nothing to do except wait. Take care, Jason
Hello Jason,
I had my interview in Arlington office in May/7/2018. I am syrian, the officer seemed to be unexperienced and not as confident as she should be and it lasted only 2.5 hrs. I got the interview based on an approved expedite request.
Today i got a mail from USCIS it is saying that i have an interview on September 26!!! Reason is affermitvie asylum interview with no other detail. Can you please tell me is this normal? And what’s the reason for it after almost 5 months from the first interview?
I have submitted many enquiries and the answer was always that my case is pending on the supervisor desk! Can you please help out, it is really making me stressful
Thanks,
This seems to be a pattern for Syrian cases. They are looking hard to see whether you ever supported a terrorist. For example, if you ever passed through a non-government check point and paid money to the check point, that may be considered supporting terrorists. They may also have information (not always accurate) about which rebel group controlled which area, and whether you lived in that area. It could be something else as well, so prepare for the interview as you prepared for the first interview. Good luck, Jason
Thanks for your response Jason.
The fact of asking for a second interview makes my case decision bad? Does it expedite the decision?
Thanks,
Joe
I do not think it is a bad sign, and I do not think it means your case will go fast or slow. I do think they may ask questions about the topics I mentioned. Other than that, you will have to wait and see. Good luck, Jason
Hi Jason,
Based on your experience:
1. (a)Were or are your clients required to go to USCIS for interviews when they are/were adjusting status based on asylee status (only your primary and derivative applicants who were granted asylum together in the U.S.)?
(b)If yes, how often does/did this happen?
2.(a) If they are usually asked to come in for an interview, are the cases usually re-litigated by the officer adjudicating the I-458 application?
(b)What are the type of questions they usually ask?
3. (a) Has any of your clients (asylum granted) ever been denied under the “public charge” regulation when trying to adjust status to PR?
(b) If you answer to question 3(a) is “yes”, what did you do to overcome this ineligibility/inadmissibility?
I know that currently the law exempts asylees from the public charge law, but it seems like lawyers have differing opinions on this law. The same goes for the interviewing of asylees who apply to adjust status and whether or not they are re-litigated. I know that the USCIS manual also says that the officers are not really supposed to litigate the cases and they should instead refer the cases back to the original adjudicator, if there is reason to believe that there is fraud, some kind of change, or something that would have materially affected the asylee’s eligibility for asylum in the first place.
Appreciate your response.
Hi Jason,
I would like to thank you for answering many of my questions on this blog. I would like to share information about my application;
Applied for Asylum: 2004
Asylum Granted by Immigration court: 2006
Applied for Green Card: 2008
IN 2010 I found out that my application was put on hold because of TRIG.
Asked the Ombudsman’s office for assistance: June, 2018
Received RFE : July, 2018 ( Replied on the same day)
Received RFE : August, 2018 ( Medical certificate ) I submitted a new medical certificate within 5 days.
New Card Being Produced: Today (August 31, 2018 I got an e mail from the USCIS) ” On August 31, 2018, we ordered your new card for Receipt Number XXXXXXXXXXXXX, and we will mail it to the address you gave us, If you move……”
How did you know it was on hold because of TRIG in 2010? Please share some details.
When my application for adjustment was delayed I did make a case inquiry about the status of my application and I guess it was in June of 2010 that for the first time I got a reply to my inquiry from the USCIS telling me that I was inadmissible pursuant to the terrorist-related grounds of inadmissibility under section 212 (a) (3) (B) of the INA. And after that every 6 months I did request the USCIS for updates on my application. And normally I would get a reply within a few days. After May of 2017 the special email for TRIG cases was not responding anymore. During the past 8 years I got approximately 14 emails from the USCIS responding to my inquiries about my pending application and every time I was told that my application was on hold because of TRIG.
Thank you very much. You cannot imagine how valuable these information to me.
1- Would you please give a hint on how were you able to overcome the TRIG bar at the end? Have you applied for exception? If yes, what the mechanism to do so?
2- what was the type of your requests? Emails only? Congressman?
3- whay do you assume that for TRIG cases they are not responding to emails inquiries? I sent them 2 emails in 2018 with no answer…
My understanding is that the TRIG email is no more. Take care, Jason
As mentioned earlier I did seek assistance from the Ombudsman’s office in June of this year. I had never applied for exemptions. A few years ago I asked one of the senators from my state if he could help me get my green card. Initially he showed interest to help me but once he found out that my application was on hold because of TRIG he refused to render any kind of assistance. I only contacted the USCIS through emails every 6 months asking about updates on my pending application. I think it was in April of 2017 that the last time I heard from the USCIS when they responded to my request for information about my case. After that I did send two requests for updates and I got no reply. I would suggest that if you have not sought assistance from the Ombudsman’s office yet, you should give a try and seek assistance from them.
What I mean, did they tell you what item in your statement caused your case to be flagged as TRIG? Did the ombudsman help you by discussing the details of this item? Did has the chance to convince that you are innocent by explaining more details? Or the ombudsman help was dummy, like you just submitted request form and then they helped you without going deeper into TRIG details?
Ertu, you keep askig people questions. But when people ask you where is your office or your case pending and so on, you do not answer! Wondering how you expect response when you are unwilling to share ideas/helps with others. Good luck with your application!
When I submitted the request for assistance to the Ombudsman’s office I did explain why I thought my application was incorrectly put on hold by the USCIS. And when I got RFE from the USCIS I was asked more than a dozen of questions about my past activities that I had mentioned them in my asylum application†ion as well as with the OA during my interview.
1- I haven’t asked people. Hublal was the only person who I asked
2- I didn’t see anybody asking info about my office or case details!! You maybe have seen somebody else with similar name that was asked
Anyway, my case is just pending since years in Arlington office. I have no info if it is hanging because of TRIG or not. I asked all my previous questions to be ready on how to act (just in case). Regards and many thx to Hublal
Hopefully this refers to the Green Card, though maybe it refers to the EAD. Let us know. Thank you, Jason
Good point Jason…As a matter of fact I had got a new EAD few months ago…
1 – I do not have enough clients to have a sample size for this. My understanding is that principal applicants will generally not have interviews, and derivative applicants will have interviews. 2 – Cases seem not to be re-litigated. They ask the questions listed on the I-485 form. They could ask about the asylum as well, so be prepared for that just in case. 3 – Never. Take care, Jason
Jason, thanks for your response!
Jason, I would like to thank you for all of your work. I’ve read all your articles which are really helpful.
I have a question. I had an asylum interview, but I need to go to court. While waiting for a Master hearing, I am interested to apply for Express Entry program to Canada. I have enough points to apply to this program. Can you give me an advice can I do this? Does Canada application can hurt my asylum case or vice versa?
You would need to talk to a lawyer in Canada (or who does Canadian immigration law). If you get permanent status to live in Canada, that would likely block you from getting asylum in the US, since you will already have a safe place to live and be firmly resettled there. Take care, Jason
Hi Jason,
I came to US in July 2015 on B1/B2 and applied Asylum in Oct 2015. I got the I96 for 6 months. I am still waiting for my interview to be done. My question is am I still in status or no? Can any of the above mentioned options is applicable on me? apart from marriage coz I am already married and have 2 kids.
Thank you.
Sorry it was i94*
My B1/B2 Visa was valid for 5 years which expiring next year in september
You are not in status, and it sounds like you would need to leave the US to get a green card based on any option other than marriage to a US citizen, or sponsorship by a US-citizen child who is over 21 years old. There are some exceptions to these rules, but based on what you write, I doubt any apply to you. However, talk to a lawyer about the specifics of the case if you want to be completely sure. Take care, Jason
Hi Jason,
Thank you for your new post.
Has your office received any recent asylum decisions regarding Syrian nationals? I was wondering if the the officers are claiming changed country conditions since the war changed over the last few years. Would it be likely for the asylum claim of a religious minority who was the victim of a terror attack a couple of years ago to be denied now on the basis of changed country conditions?
Thank you.
I am a syrian asylum applicant who has been waiting decision since 4 years. I know a lot of other Syrian asylees friends who have received approvals recently. But all of them came from different countries. Like Syrians nationals who used to live in Gulf area. However, I have noticed significantly less approvals on other syrians who were inside Syria during the war. This is my observation. As far of the country conflict change, I say it depends on your statement. If you are afraid of isis for example, isis has almost vanished in Syria. If you are afraid of the regime, the regime is still controlling. It depends on the details. (Again I am not a lawyer). This is just an unqualified personal opinion. Good luck
We did recently receive a denial based on credibility (after 3+ years and 3 interviews). If country conditions have changed such that there is no more fear or return, the asylum office could deny the case, but I doubt we would see that with Syria at those point. Take care, Jason
Hi Jason
Thank you for your new post.
If I get asylee status. After a while if my home country would be changed, so I do not have fear of persecutaion any more, can I apply for green card based on NIW?
If you are granted asylum, you can apply for a GC. Normally, you would wait one year and then apply for the GC based on asylum, but I suppose you could apply for a GC for any reason. If your country becomes safe, you could lose your asylum status, so applying for a GC would be important. Take care, Jason
What if I won asylum, secure my GC but my family (dependent) who joined me after I won asylum still waiting for green card? Do you think they lose asylum status if my country is safe? The GC process is pending…
That should not matter for a derivative; only the principal applicant, so I think if your country becomes safe and you have a GC, you and your family will be fine. Take care, Jason
Thank you for the useful information.
I am asylum pending and I entered to USA with B1/B2 Visa them applied for asylum within 3 months of my entry. I have a Master degree in Architecture and working for an architectural firm. I am planning to become a registered architect soon passing all required exams here in USA.
So, my question is that may I be eligible for any Employment Base Immigration (EB) now or after becoming registered Architect
I do not know about eligibility for your profession, but if your B visa has expired, and you do not meet an exception, you would need to leave the US to collect your GC. Whether this is possible, I do not know. So if you pursue this path, get a lawyer and have the lawyer explain the entire process, including whether you have to leave the US or not. Take care, Jason
What if I won asylum, secure my GC but my family (dependent) who joined me after I won asylum still waiting for green card? Do you think they lose asylum status if my country is safe? The GC process is pending…
As derivatives, I do not think they would lose status if the home country becomes safe. Take care, Jason
The road to GC is paved with ifs, buts and howevers.
Thanks for continuing to educate us, Jason.
You forgot “piss offs”, which seems to be the official theme of USCIS these days. Take care, Jason
Hi everyone,
I would like to share good news here. I got my final approval yesterday.My timeline is as follows:
December 2016: Asylum filed
June 2017: EAD filled
September 2017: EAD approved
January 2018: short listed asylum case
March 2018: Interview scheduled (Cancelled because of weather)
April 2018: Interview scheduled second time (Canceled by USCIS)
June 2018: Interview scheduled third time (Interview happened)
June 2018: RFE
June 2018: Recommended approval
August 2018: Final approval
Much thanks to Jason for his guidance and whole asylumist community for their support. It was a long and stressful road as I also belong to a banned country.
Hello
What asylum office did you apply at?
Thanks
Congratulations and thank you for sharing this. Welcome, finally, to the USA! Jason
Congratulations…
Please what center did you apply through,you quick answer will ignite some hopes in these community.
Emmanuel
Hi Mr. Jason and all blog members:
I have a question, which might be more related to members in the blog.
Does anyone of you know universities in Verginia to offer In-State tuition for asylum seekers?
Or, all universities offer International Tuition ( Out of State tuition) for asylum seekers.
Regards,
Applied May 2016, Newark office but no interview yet. The expedited request is denied. does anyone get an interview from Newark office? How short is the “shortlist”?
You have to contact Newark to make sure they still have a short list. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). You can also try to expedite – I wrote about that on March 30, 2017. Take care, Jason
In her heartbreaking twitter euolgy to her husband, Cindy McCain, said “he passed away… surrounded by the people he loved”.
First of all, I am not that familiar with how much good McCain was. For an extent, I have an impression that this guy was amazing. I would like to condole the American nation for his death.
Second, Cindy tweeting statement made me think for a second that Americans truely understand what does (people you love) means. In contrast, the painful pending-decision-asylum journey made me believe that our fellows in the HQ do not persuaded if you try to tell them that all what you want behind your approval is to see my 72 heart-diseased parents. I thought that we, people from the middle-east, are combined with extra unnecessary passion towards our “people we love”. But, again Cindy’s statement made me believe that Americans understand these expressions very well.
I deeply understand the national security aspect and the high security measure the asylum office does to keep the nation safe. But the asylum decision-makers should give some ears to the passion-pains from which some asylum seekers suffer. We are eventually humans more than “aliens”. Even if they deny the case, it will be a good euthanasia service to the asylum seeker. I am almost having nervous breakdown, meanwhile, I am not able even to speak using a demanding tone to the asylum office. “You do not need to annoy them” my lawyer said.
The mandamus, on the other hand, is not recommended at all by the three qualified lawyers I met so far. They said, you will eventually end up with a court proceeding. You will do nothing but transferring your case from a deadly routine cycle to another one. Patience is your only methodolgy to kill the hard waiting time. That said, the question is (will this methodolgy grant me enough time to be close to the “people I love” before they leave?.
Well said. If you have not yet had an interview, I think the best path is to try to expedite (not mandamus), but if you have been interviewed and have tried, and failed, to get a decision, I think mandamus is an option. It may be better to go to court than wait in limbo, and at least with court, you have an idea about when the case will end – and you can talk to human beings (judge, DHS lawyers). Take care, Jason
Ertugrul, I totally feel you! Same boat. Keep your hope high; hopefully a shine will come through. Where is your case pending at and since when? Did you ask asylum office to make a decision on your case due to humanitarian reason?
Hi AK,
Did this work out for you ? I have a pending decision for 13 months, do you think we can ask the asylum office to make a decision due to humanitarian reason?
Thanks,
I do not know! I was curious too.
Hi Jason appreciate your work. I would like to ask a question. I filed my asylum application in Aug 2015 and actually since than not one interview call and it’s quite a big time for me. What I like to know is can I refile my same asylum case again without facing any risk for illegal circumstance or stuff like that, all I want is interview for my case and seems like LIFO will might call me with that new law. I like to hear your thoughts thank you.
I think it would not work. You have a pending case, and even if you withdrew the case, the procedure for filing a second case is different (check the I-589 instructions, but basically, you file at the local office). I have not tried it for anyone, but I think you would not get an interview based on LIFO due to the older case. You never know though, so if you try, let us know what happens. Thank you, Jason
Thanks I’m thinking to work on that because more years I can’t afford and my lawyer said as current flow it will take 2 or 3 more years so I will see, I just thought you know some good points about this topic more than my own attorney for sure and I’m having some worry being an illegal if this bar will be clear to me. I will give a try for that. Let me know if you hear in future for that and I will definitely update you,thanks.
Hi Jason,
Thanks for all you do.
I have a question.
Applied for asylum before the 6 months authorized stay expired, but now the 2 year visa is expired. does it mean he/she will have to leave the country to adjust status through any other means?
There are exceptions, but in general, if the 6-month period of authorized stay has expired, you would need to leave the US to get a GC. The 2-year visa applies only to the period of time where you can be admitted to the US. The 6-month period of stay is how long you can remain here. I would talk to a lawyer to be sure about this, as there are exceptions. Take care, Jason
Thanks for clarifying.
Hi Jason,
I have already filed my application and recently discovered that my lawyer made a typographical error in the declaration in support of my application which may affect my case. My question is, can I amend the declaration in support after same has been submitted to Asylum Office? I submitted my first application in November 2017 but USCIS claimed they didn’t get it and resubmitted another one in January 2018.
Thank you
If it is a significant mistake, you can write a supplemental affidavit explaining what happened and making the correct. You should submit that prior to the interview (most offices require you to submit evidence at least one week before the interview). If it is a small mistake, you can correct that at the interview itself. You should be prepared to explain why the mistake occurred, but normally such corrects are no problem. Take care, Jason
Dear Jason,
I appreciate your consistency and quick response to questions here.
I would like to know if changing of address to a new state and city could restart a pending asylum case of 1year 3 months?
What is the positive and negative implication of these?
And what would be your candid advise to me as regards the questions asked.
Thank you.
Emmanuel
If you move, and that causes you to be under the jurisdiction of a new office, your case will move. You should keep your place in the queue (to the extent that there is a queue). I think there is no positive or negative effect, but if you move, you are required to notify the asylum office and give them your new address (using form AR-11, available at http://www.uscis.gov). Take care, Jason
Hi Jason,
Do I still need interpreter with me at the asylum interview, I am speaking English well, but I am talking fast and with an accent.
I have no problem hiring an interpreter, but I don’t want to get distracted by the pause that the interpreter make. I will lose my idea and I can’t get focus to tell my story.
Please advice me if I am wrong.
And I got an asylum interview date scheduled after filing for asylum after 4 and half month at Arlington office.
Thank you and appreciate your work. How I wish the world have ten like you.
I have noticed that people’s English ability goes down a bit at the interview because they are nervous and the officers sometimes talk fast, so if you think you may need someone, it is probably a good idea to have someone. Also, whether you do the case in English or another language, you will have to pause a lot because the officer needs to write everything you say. It is an awkward way to talk, but you will have to get used to it in the interview regardless of what language you use. As for getting an interview 4.5 months after filing, we have not seen that, but it doesn’t surprise me as everything seems random and unpredictable these days. Take care, Jason
Very helpful post.
What about O1 visa? Does this apply to O1 visa?
If i overstayed my J1(without 2 year rule/2014may-september) and have applied for an asylum within 1 year. I’ve been managing the Restaurant for 3 years. It’s a high volume restaurant with more than 40 employees. Do i even have a chance to apply for one of EB gc? What if I’ll build my own restaurant or become a co-owner of restaurant where I’ve been working.
I think it would apply to an O visa or any EB category (O visas are similar to EB1, but EB1 gets you a green card and O is a temporary visa). The job may qualify for Ann EB category, but you should have a lawyer evaluate that, and make sure the lawyer explains exactly how you would complete the entire process and get a GC. Take care, Jason
Jason,
Are the asylum files, statements & documents kept in safe place? I assume that asylee file kept in the old style on printed papers only to keep it safe from electronic hacking attempts? Is it correct? If not I will be worried on getting my confidential statement exposed to public. It can threaten my family members who were unable to leave my home country.
I assume that asylum office uses the old style (printed pspers) because we have to go physically to the asylum office to check on our status. There is no way for a phone USCIS officer to access your file. Correct?
Can I feel safe that asylum files cannot be compromised?
I do not know for sure. They certainly have printed copies, but there is also info on the computer (for example, when they interview you, they impute that info into the computer). I feel pretty confident it is secure, but I have no idea about their safeguards. Take care, Jason
Jason
Has any of your clients recieved a decison (regardles if it was acceptance or denial) after keepig it pending for more than a year?
My application has been pending for more than 500 days after the second interview. And more than 1200 days pending after the first. I have a feeling that my application has been placed with the rotten application drawer. In a place where it will be forgotten forever without any hope to make a decision on it.
My understanding from the asylum community that I can assume it forgotten “forever” if one year already passed with pending status. Is this a fact?
That is not a fact. We have received a number of decisions in the last few months for people who have long-pending cases. Whether some cases are actually set aside and will never receive decisions, I do not know. But if you have tried inquiring with the asylum office and maybe the Ombudsman office (a link is at right), you might talk to a lawyer about a mandamus lawsuit, which will force the asylum office to make a decision (good or bad). Take care, Jason
Has any one here been interviewed in Minneapolis and received decision?
More than 10 months after interview and no decision.
It took me 22 months ,
No news is good news
If they are planning to decline, they will immediately,
Probably it’s the background check,
You will hear good news soon
Good luck
Hopefully, though you should be aware that long-delayed decisions are sometimes denials, but hopefully you will get good news. Take care, Jason
16 months; no decision. Where are you from?
Hello Jason,
From reading your post, I feel like I will be eligible for NIW as well as EB-2 categories. I applied for asylum before my J1 visa expired and I also applied for J1 Persecution Waiver (before expiration).
However, my home country passport is expired and my home government denied to issue me a new passport That was one of the reasons for applying for asylum. Otherwise, I would not hesitate to migrate to a country with more immigrant friendly politicians. I was stuck here when they denied me my passport and I couldn’t leave to another place without it.
Here is my question: Is it possible to get a green card without passport (or with an expired one)? Technically, I am out of status now since my visa and passport are expired and I couldn’t get either one due to the reasons in my asylum application.
Second question: I was interviewed in October 2017 in a circuit ride location of Chicago Asylum Office. It has been almost 10 months but decision is still pending. Also, my J1 waiver application has been pending for 18 months. Do you think it is time for a Mandamus lawsuit? I e-mailed the Chicago Asylum Office every 1-2 months since my interview and they always sent standard replies stating it is pending in their office. I know it is pending but I want more information about why it is still pending. If Mandamus is not appropriate, can I get some info from FOIA? I don’t think CIS Ombudsman and AILA Chicago Liaison will be getting more information than I get and I really am frustrated about the ignorance.
I do not know whether you would be eligible to get a GC based on EB2/NIW – talk to a lawyer to evaluate that and make sure you are eligible to complete the entire process. In any event, that would not be possible unless you also get a J1 waiver. As for mandamus, the purpose is to force the asylum office to finish the case. If they cannot do that (maybe because some security background issue cannot be resolved), they will deny the case and send it to court. That may be better than waiting forever in limbo, but that is up to you. In terms of getting more info about the reason for the delay, I have not found a way to do that. You could try a FOIA, though I doubt it would tell you anything new (it’s free, so you have nothing to lose by trying). I did a posting on October 20, 2015 about some common reasons for delay – maybe that would help. Take care, Jason
Jason
I have been recieving this error message since almost a week on my laptop when trying to access your website (regardless of the explorer I am using):
“Web attack: mass injection website 56 detected”
I have symantec antivirus on my laptop. I don’t understand what happened to make your website flagged as a threat on my anti-virus. It might be good idea if you let your website admin to contact symatec to unflag it.
It is normal for Antivirus to block this website because it still uses http instead of https and that’s why in chrome or internet explorer if you look up on your left next to the url, you will find it ” Not Secure “. For symantec antivirus specially, you will have to add this website as a exception. To do this, follow these steps
A-To exclude a trusted web domain from scans on Windows clients
1-On the Exceptions Policy page, click Add > Windows Exceptions > Trusted Web Domain.
2-In the Add Trusted Web Domain Exception dialog box, enter the domain name or IP address that you want to exclude.
3-Click OK.
Repeat the procedure to add more web domain exceptions.
Thank you. The tech side of this is not my thing. Take care, Jason
Thank you – I think it is left over from when we reconfigured, but I will check. Take care, Jason
I’m waiting Asylum since Feb 2014 …It was in Houston Office and 5 months ago was transferred to California Office. What do you think, could i expect interview by end of 2019? Anyone longer than me?
Dima, no one can say for sure. You may want to try to get into short list if you can prove you have a reason.
It took me 3 years to get the interview in SF, CA.
Now I’ve been waiting for the decision for more than 7 months.
Went to Asylum office recently but they can’t really say anything, scripted answers only.
Decision can be generated in 2 weeks or 2-3 years now, plan this in advance.
Good luck.
Jason can correct me, but my impression is that you only need a (humanitarian) reason to request to expedite your case. For the short-notice list (otherwise known as the “cancellation list”), I believe you can just request to be placed on it if your asylum office has it, without the need to justify it.
It depends on the office, but you can always reach out to the local office to ask their rules. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Vlad,
So do you know people who has recieved decisions after having their case pending for more than a year after the interview? You returned some hope to me! I thought when you pass the 1 year time line, then your case will go into the blackhole of pending status
I waited 22 months for the decision after the interview
LA or SF?
I really do not know. I did a post on July 10, 2018 that gives a very rough idea about how the different offices are processing cases. Maybe that would help. Take care, Jason
I am confused a lot
I thought I am legally present in the US if my original H1B expired, but I filed for asylum before getting it expired?
So do I have legal status but I an unlawfully present?
I have 130 application in process through my brother which have been just submitted in 2016. It will take minimum 10+ years. According to your article, I won’t be able to collect the GC through 130, because I am unlawfully present? And I I left the US to collect it outside, the 3/10 rule will be applied on me?
Am I correct in my understanding?
I am no attorney, but from my understanding, you are protected from accruing unlawful presence so long as you have an asylum application pending. However, since you are out of status, you cannot adjust status while in the United States, and would have to leave to get your GC. If your asylum application gets denied you will be sent to immigration court. There you can argue your asylum case again and/or you may request voluntary departure. Keep in mind that being in removal proceedings alone is enough to trigger a 5 year entry bar. However, if the judge grants you voluntary departure then that bar does not apply (that does not cancel any bars related to being unlawfully present in the US). Being granted voluntary departure depends on the judge’s discretion and the timing of the request (the further down the appeal process you ask for it, the less likely it is to be granted). You can also request voluntary departure from the DHS before your hearing. It’s all so very complicated and it’s always best to talk to an experience attorney.
You are not unlawfully present, since you have a pending asylum case. But you are not “in status” because your H1b has ended and your asylum is still pending (not yet approved). If everything remains the same for the next 10+ years and the I-130 becomes current, you would have to leave the US, which you can do without fear of the 3/10 year bar (since you have no unlawful presence) and then you can return with a GC (there are exceptions to this, so talk to a lawyer about that). Of course, things may change over time (hopefully, you will be granted asylum) and how the system works may also change, so you would want to talk to a lawyer about all this before leaving the US. Take care, Jason
As Jason pointed out you might have limited options and might have to go to a consulate for an immigrant visa.
Just want to point out that this option is also often considered by many people who is in status as consular processing might be faster vs adjustment of status. The downside is that if the consular officer denies your visa application, you generally will not be able to appeal it nor will they give you an opportunity to explain some of the concerns they have and/or allow an attorney help you explain your case. Basically you do not have due process. Will this might not happen often, I do have some concerns for some applicants who has a history of asylum claims and eventually went back to their home country to apply for the visa stamp. While the Department of State obviously do not have direct access to your USCIS file unless a comprehensive background check is conducted, you shall be aware of such situation and do not make false statement on your visa application, better talk with an attorney before you travel back.
Hi Jason,
I have recently applied for asylum (Chicago office)
Receipt notice: July 15 2018
Biometrics: August 15 2018
I thought that under the new LIFO rule, I am supposed to receive my interview notice within 26 days but I didn’t receive it . Do you think my case was sent to the backlog or is it a usual timeline ?
PS: I am in status and filed before the 1-year bar
I think it is still too soon to know. Usually it takes a month or two to get the interview notice, but if you don’t have it in another month, I think it would be safe to say that you are in the backlog. Based on the most recent data, Chicago seems to be completing more cases than they are receiving, so maybe you will get an interview relatively soon, even if you land in the backlog. But of course, that is not very predictable. Take care, Jason
Hi Jason,
Your blog post is wonderful and informative as always.
There’s a matter which might be of concern to those holding non-immigrant visas while awaiting for asylum, and that is whether using the asylum EAD would violate their non-immigrant statuses, rendering them unable to adjust their statuses even while their case hasn’t been decided yet. This is especially dire for, say, F-1 students who worked off-campus using their asylum EAD, as the recent policy memo would mean they begin accruing unlawful presence the moment their asylum application is denied even if they are not referred to an IJ. Do you know if USCIS unequivocally treats the use of an asylum EAD as a violation of the F-1 status? Has there been any memos or cases that address that specific situation?
Thank you again.
I don’t have info about this yet, and I am waiting to see how F-1 students are treated. I think the main concern is that the asylum application itself will be considered a violation of the F-1 status (since applying for asylum means you are asking to stay permanently in the US, whereas a student visa is for people who want to study and then leave), and so if such people are denied asylum, they will be referred to court rather than continue to remain here lawfully as students (which had been the practice in the past). I do not see how working with an EAD violates the student status, since the person has an EAD and is eligible to work. But we will need to see how all this is implemented, and I think we do not yet know. Take care, Jason
What do you recommend someone who over stayed their J-1 Visa 2 years after it expired. what if he’s from one of the banned countries? I know, it’s a political cluster F*****, right? Is asylum the only choice? as marriage won’t work because of the J-1 visa requirement to go back home for two years. Would applying for an asylum and getting married together work? especially if a baby is involved?
I think you meant cluster f***. And that is correct. You can apply for asylum, though you may have a one-year bar issue (I wrote about that on January 18, 2017). You can get married to a US citizen and try to adjust status, but you would need to waive the two year home residency requirement (you might also adjust status if you have a 21+ year old US citizen child, or if you are under 21 and your parent is a US citizen). Otherwise, given that you are out of status, I think your only option would be to leave and then return with a new status. This may be difficult due to the two year home residency requirement, and also the 3/10 year bar, which I discuss above. But is possible to apply for a waiver of both bars. Take care, Jason
Just to add little more salt to the injury, I’m from one of the banned countries. If I leave the US, I will never be able to come back. Only as a student (that’s if they waived the 3/10 years bar (which I doubt that they will). I think my only option is the asylum here. However, I want to contact you but I know you already have thousands of cases and I’m not sure if you’ll be able to dedicate sometime for my case?
We are still accepting new cases. If you want to contact me, my email is jdzubow@dzubowlaw.com. Take care, Jason
You don’t have a post on January 18th 2017. There’s a post from January 19th 2017 with an irrelevant topic (The Refugee Ball Post-Game Report: Why It Matters). What’s the title of the post you meant?
Oops, sorry – January 18, 2018. Sorry about that, Jason
Hey Jason,
You are in my blessings for all you have done.
Short version of my question: If a person filed for asylum after a month of expiry of lawful status, Would he be able to adjust status using an EB-3 petition without leaving the country?
Longer version:
Came legally on F-1.
F-1 expired on Dec. 2016. (applied for OPT which allows 2 month grace period).
Filed asylum in March 2016. Still awaiting asylum interview.
EB-3 application in process from an employer.
^How many days approximately this person has accrued unlawful presence? (Is it 3 months (between F-1 expiry and asylum application?) Or is it F1 expiry to current date)
I would really appreciate any insight. I would also like to book an hour with you for in depth consultation.
Thanks.
Tori
For a visa like an F-1, it is often not so easy to know exactly when the person went out of status. In any event, in your case, I do not think it matters. You have less than 180 days between the date you went out of status and the date you applied for asylum. The question is whether you can adjust status in the US based on the employment, perhaps using the exception I link to under the employment section. Hopefully, you have a lawyer assisting you with the EB3 and that might be a better person to talk to about trying to get the GC in the US, as that lawyer is more familiar with the case. If you would like to arrange a consult with me, you can email me at jdzubow@dzubowlaw.com. Take care, Jason
Thank you Jason,
You at astonishing human being. My case is pending in court for individual hearing (I am out of status), I am international medical doctor and also I have completed my master from USA recently I have published research paper in some well known journals. Can I apply for green card in National Interest waiver category without leaving USA? If you know other ways please share with me, I really appreciate it.
It sounds like you might be qualified for an EB-2/NIW. However, I think you would need to leave the US to get it. Maybe not, as there are exceptions as discussed above. Hopefully, you have a lawyer for your court case. Talk to the lawyer to see whether you meet any exception, but generally, someone in court (who is – by definition – out of status) would need to leave the US to get the GC. Take care, Jason
Hi Jason,
I just want to know if a letter from a doctor (based here in US) confirming that upon examination, it was discovered that I am a victim of FGM will be sufficient to prove to USCIS that I was a victim of FGM.
Thank you
Such a letter is usually enough. You would also be expected to testify about the FGM – how you were circumcised (if you were old enough to remember it) and how it affects your life. Take care, Jason
Thanks Jason, you’re the best
Hi Jason,
My questions is directly related to your article.
I have an asylum case pending. If I am out of status, can I still adjust status in the US without leaving, given that I am married to a US citizen?
I did a posting 2 weeks ago about marriage to a US citizen. Most people who entered lawfully and marry a citizen are eligible to adjust status without leaving the US, but it depends on the case. Talk to a lawyer to be sure. Take care, Jason
Hi, Jason,
Thank you for your blog. Could you help me to understand what “referred uninterviewed” means. Can asylum seeker be referred to court without an interview? I read that on USCIS June 2018 Workload.
Jason, did you see new data they published for April, May and June 2018? It seems that they are receiving more new cases than ever, and probably not scheduling backlog cases. Do you think they will cancel LIFO policy, it is not working obviously(
Thank you.
I think it means that the person was sent to court without an interview. The asylum office has a new program where they send a letter to people with a one-year filing bar. If that person wants, the case can go directly to court without an asylum interview. Certain applicants (primarily people who want to seek Cancellation of Removal in court) might prefer going directly to court rather than attending an interview. I am a bit surprised that so many people choose that option, so maybe it is something else. As for LIFO, we already knew it wouldn’t work because that is the same system they had maybe 5 or 6 years ago. If it didn’t work then, it was not likely to work now. I need to look at the new data more carefully, but I hope to post something about it in the next several weeks. Take care, Jason
Hi Jason, i have a question regarding 1-485 from Asylum. I applied in late February 2018 for me and my family. This days i have been getting notifications of “we last took action on your case on ‘ every time with different date'”. My question is to know if the officer approve every family member separately or he approves the whole family case? My thought is that they take action on separate case of my family every week and after they review the whole family cases, they issue decision.
I think they adjudicate each case separately, and I would expect that they will send a decision for each case when it is ready. We have filed cases for family members together and we often get decisions at different times. Take care, Jason
Great post Jason!
Just adding to the employment based option, Premium Processing is only available for (most) I-140 phase which is similar to I-130.
I485 cannot be expedited through Premium Processing.
Also, if you want to apply abroad please make sure you select as such when applying I-140, otherwise significant delay will occur as you will need to file I-824 asking USCIS to notify National Visa Center to do consular processing. By selecting Alien will apply for a visa abroad at a U.S. Embassy or U.S. Consulate option (instead of Alien is in the United States and will apply for adjustment of status to that of lawful permanent resident) you can also do AoS in the US without any further action. Not the other way around though.
Thank you. Most people are better off using a lawyer for cases like this, as they are complicated and depend a lot on the specific issues in the case. Take care, Jason