This is the final installment in a three-part series about getting a Green Card while asylum is pending. Part 1 covered marriage to a U.S. citizen (or a petition by another “immediate relative”). Part 2 discussed other bases for a Green Card. Here, I will talk about leaving the U.S. to get a Green Card at a U.S. embassy.
Some non-citizens are eligible for a Green Card only if they leave the United States and process their case at an embassy overseas. This is generally because the law does not allow a person who is “out of status” to “adjust status” and get the Green Card in the U.S. As I discussed previously, a pending asylum case does not confer status on the applicant, and so certain asylum seekers must leave the U.S. if they hope to get a Green Card based on a family relationship, a job or some other basis.
Of course, if possible, it is safer to get your Green Card in the United States. But if that is not an option, and you must leave the country to process your case, how do you know whether you can return? What is the safest way to leave and come back to the U.S.? And what about asylum seekers who cannot go to the U.S. embassy in their home country?
First and most important, if you plan to leave the U.S., you should understand that you are taking a risk. From a legal perspective, it is a lot easier to prevent you from returning than to kick you out once you are here. For this reason, it is imperative to talk to a lawyer before leaving the country to process a Green Card application. Make sure the lawyer explains the basis for your eligibility, and explains each step of the process (and preferably puts it all in writing). You need to know how you are eligible for the Green Card, and how you can leave and return safely. Also, you should think about a back-up plan: What if the Green Card is denied? How will you return to the U.S. then?
Keep in mind that whether a person can successfully leave and return depends on many factors specific to the case: Do you have a 3/10 year bar? Are you eligible for a provisional waiver or some other waiver? Are there any other bars to obtaining the Green Card or re-entering the U.S.? Might there be a prior deportation order? All this needs to be discussed with a lawyer, and if you have any doubts about your prior immigration history, you should file a Freedom of Information Act request to get a copy of your file. You don’t want to leave the U.S. unless you are pretty certain that you can return.
Assuming you are eligible to leave and process your case at a U.S. embassy overseas, what happens if something goes wrong? Sometimes, people who seem eligible for consular processing arrive at the embassy and learn that there are problems with the case. Such people can get stuck outside the United States. Sometimes, a case can be un-stuck, but other times, there is no way to return. What then? If you have a pending asylum case, you can apply for Advance Parole (“AP”) before you leave the United States. AP is permission to leave the U.S. and re-enter later on. If you have AP, and if something goes wrong at the embassy, you can still return to the United States using AP as your “back up” plan.
I wrote about AP here, but since I wrote that article, things have gotten more difficult for AP applicants. USCIS seems more reluctant to issue AP, and when it is issued, it is granted for a shorter period of time. Also, the processing time for an AP application is unpredictable. For these reasons, it is more difficult to coordinate the consular processing and the AP so that they occur at the same time. But if you can do that, it will avoid the possibility of getting stuck overseas in the event that something goes wrong with the Green Card case.
Finally, asylum seekers have a special problem when it comes to consular processing. Normally, a person would process her case at the U.S. embassy in her home country. But asylum seekers have told the U.S. government that they fear harm in their home country. What to do?
One choice is to try processing the case in the home country anyway. Depending on the asylum case, you might be able to argue (to the U.S. government) that it is safe for you to visit the country for a short trip, but you cannot life there over the long term. Obviously, this reasoning works better where the persecutor is a non-government actor. If the persecutor is the government, they could presumably arrest you as soon as you arrive at the airport.
But even if the persecutor is not the government, returning to the home country involves some risk to your immigration status. The U.S. government may conclude that your original asylum application was fraudulent (since you voluntarily returned to your country). This could result in a denial of your asylum claim and a denial of any other application for an immigration benefit. So it is preferable to process your case in a third country.
However, processing the case in a third country is not always easy. If you are trying that, you would be well-advised to talk to a lawyer who has significant experience with consular processing. The benefit of processing the case in a third country is that it is (presumably) safer, since no one is trying to harm you in the third country, and you avoid the problem of the U.S. government suspecting that your asylum case was fake. The down side is that if the consular processing fails, you will be stuck in a third country. Another down side is that you may need a visa to visit the third country. Coordinating the visa, the consular processing, and the AP sounds like a real challenge, but if the stars align, this would probably be the safest way for an asylum seeker to obtain a Green Card overseas.
One last point. While I have been referring to obtaining the Green Card overseas, this is not exactly what happens. If the consular processing is successful, you will receive a packet, which you bring with you when you come to the United States. The packet is opened at the port of entry, and if all goes well, you should get your lawful permanent resident status at that time (in the form of a stamp in the passport). The actual Green Card comes later by mail.
So that’s it. There are alternatives to asylum available to some applicants, and those paths are worth considering. However, they are often tricky, and so it would be a good idea to talk to a lawyer to assist you with the process.
Hi Jason
I just arrived in the USA and i am seeking asylum (application in process), my question is
1.what happens if i lose/or if my asylum is denied?
2.Can i appeal the decision?
3.Are they going to refer me to the Courts?
4. is it an automatic deportation?
5. Can i apply for work authorization while awaiting (the declined case)?
does the LIFO means once declined you goback home?
Could you please shed some light on this.
thank you
1, 2, 3, 4 – I wrote about this on February 21, 2018 and March 7, 2018, and these posts cover your questions, I think. 5 – If the case is pending for 150 days or more (including if it is referred to court), and you have not caused a delay in the case, you can apply for a work permit. If you receive a final denial, then probably you cannot get a work permit. LIFO does not affect how a case is decided; only when you get an interview. Take care, Jason
Hi Jason
I Had my interview in May 2018 at Chicago office, till date no decision.
I heard Chicago office have not issue decision since since April. How true is that?
Is there anyone here how got interviewed at chicago office and have received or pending decision and knows what is going on to kindly throw some light.
I had my interview in Chicago in June 2018 and approval was sent 2 weeks after
Thanks and congratulation on your approval. Pls were you on status when you went for the interview?
Because I was out of status 2 days to the interview and the AO took note and informed me that I’m out of Status.After the interview handed me a paper and said decision will be mailed to me and I can apply for EAD. So I think with this statement I was not getting decision in 2 weeks. I asked my lawyer when possible to get decision he said 3 months but now is 4 months. It’s was my lawyer that said Chicago office haven’t issued decisions since April. I’m glad you to hear you interviewed in June and got decision in 2 weeks.
Thanks again.
Hi Stan,
I was interviewed interviewed in January 2017 at the Chicago office but my application is still pending. As, I was interviewed in a circuit ride and lost my son back home, I decided to fly to Chicago. I asked them to let me meet a supervisor that I met. She asked me to make a formal request to have them issue a faster decision. My lawyer and I have been working on it and hope they issue a decision soon. I was informed that the IO issued a decision a long ago but my file was with a supervisor for review.
I now wonder if asylum is really a relief because in my view, they should just say yes or not but all this is more than persecution . After you lose everything, you also lose your kids but it looks like they do not care. I just let them do whatever they want as I have they better project for relief
Thanks . I’m really sorry to hear about the lost of your child.This is heart broken. The waiting is so deverstating. I hope we get decisions soon . Pls stay strong.
I think my last decision in Chicago was before May 2018, but I have not heard that they stopped issuing decisions, and if you look at statistics for May and June, they seem to be issuing decisions (Google “asylum division quarterly stakeholder meeting”). Take care, Jason
I got my asylum approval recently from the chicago office. 3 of my kids and husband are here w me but my older son is still back home. When I applied for asylum, my oldest son was 19. After reading through some USCIS articles, I’ve come to know that I can still get my son here from back home as long he’s unmarried and was under the age of 21 when the asylum was applied. What do I need to do first? And do you have any idea of how long do these cases usually take? Thank you!
It sounds like your son is eligible to come here based on your approval. The form is the I-730, available at http://www.uscis.gov. Once that is approved, the case is sent to the embassy for processing. The time frame is very unpredictable. Many cases are resolved within 1 or 1.5 years, but it is not so predictable. Take care, Jason
We just received our approval yesterday, after waiting one and a half year from Chicago Office. Goodluck!
Congratulations! Great news – Thank you for sharing. Best of luck in the USA! Jason
Hi Jason,
I want to appreciate all your helpful and encouragement posts here.
Please do you know when likely my interview could come up,I applied for asylum in May 2016 in Newark,NJ and still waiting for an interview.
Though I have moved to Texas but yet to change my address, I am a bit nervous so my application wouldn’t miss it’s position in the line.
Please advice.
Emmanuel
No one can tell you when the interview will be. However, unless you can expedite the interview (I wrote about that on March 30, 2017), you will probably not get an interview anytime soon. If you move, you have to change your address using form AR-11, available at http://www.uscis.gov. To the extent that there is still a line, I think you will not lose your place in the queue. At least that was the policy before LIFO, when there actually was a line. Take care, Jason
Dear Jason or forum members,
I has my interview this past week and the officer said that they would mail me the decision. I asked him about an estimated time and she said she didnt know because his advisor needed to check her report before making a decision. Similarly, since Im in lawful status I dont have to go two weeks after to pick the decision. Is this ok? Do they take longer with lawful applicants? Thanks a lot.
I applied on Aug 27 of 2018 in case anyone asks and interviewed 09/11/18
Sorry, applied July 27 of 2018
Dear Joe:
Firstly, I wish you win you case. Can you please tell me where was your asylum office? Because your interview was very quick.
Regards,
This all sounds normal to me. I do not think decisions take longer for people who are in status. Good luck, Jason
Q about form I-730
My petition past due date for almost a month (USCIS website says that they are processing cases January 27, 2018). My case is early January, 2018.
Is there anyone else in the same condition?
What needs to be done? I am currently in the USA.
I think normally, they would not take action unless it is 90 days overdue or more, but you can try to contact them about this now. The first step is to call USCIS – the number can be found at http://www.uscis.gov. You can also try to make an Info Pass appointment and see them in person (a link to Info Pass is at right). If that does not work, you can contact the USCIS Ombudsman for help – a link is at right. In my experience, the processing times are not particularly accurate, and so hopefully, they will just send you a decision soon. Take care, Jason
Hi jason, hope you’re doing well
I called the asylum office to ask about the EAD category A05 and updates on my case and they said (no decision yet) so I went to the asylum office and they said (you should reserve the decision in the mail shortly).
I’m really confused
My question: can I apply for RTD and use the EAD (category a05)as an evidence ?
I think applying for the RTD will not work, but I do not know for sure. Normally, you submit a copy of the asylum approval letter, which you do not have. Maybe give them a month and see what happens. If nothing, inquire again. Take care, Jason
Hi Mr. Jason:
Do you know any idea about the new about legal asylum seekers from USCIS? I read a news that they will deny Application even for very small mistake in the application. Also, now they view legal asylum seekers the same as illegal ones. It seems that they wanna close the door of asylum by applying such rules at all. However,we are human beings, no one commit mistake in the application intentionally to deny his or her application. No one is happy to leave his/her country and family, there is no option left to us. I personally left my everything included including my property. My minimum expense is about to 1700 to 2000 USD in here and I have no source of income and assistance. if I don’t have threats in my country, why should I take this much stress, hardship, and financial problem. I am also happy to come here just for business purposes or education and go back.
In addition, I hate my country government, they are just like human butchers. They just know how to drink innocent people blood, find money, and provide the best security for themselves, even you can not approach to their houses from 1000 meters.
I swear I am totally lost what to do. I am realizing every single asylum seekers because we are all in same boat.
Thanks a lot Sir, at least we have you to give us hope.
The new policy, to issue more denials, does not apply to asylum cases. It is true, however, that the current Administration is hostile to asylum seekers. They believe (without any real evidence) that most such cases are fake. To me, it is a failure of humanity and a disrespect for the rule of law, but that is their position. We are still seeing cases succeed, even though it has become somewhat harder, and so you should have hope that despite the nastiness of the present Administration, people can still win asylum. Take care, Jason
Hello Jason,
I am an asylee with a pending i485. My mom is in Canada and I am visiting her there right now. She is trying for a US visa to visit the US.
1. how hard is for her to get the visa because of my status?
2. She will need an interpreter and if I don’t find anyone, is it a bad idea if I go attend the interview and interpret for her?
1 – Having a close relative seeking asylum in the US may make it more difficult to get certain visas to the US, such as a B visa. The problem is worse for spouses and minor children (because they might benefit from the asylum case). For parents, it is usually less of a problem, but it still could be a factor. 2 – It is better not to have a close family member as an interpreter, but I suppose if there is no choice, then you would have to do it. Whether your status as an asylum seeker will have any impact if you interpreter, I do not know, but I doubt it. Take care, Jason
Hi Jason,
Can you please help me to understand the question 61/62 in the I-485 application below, My family is currently covered through state (Medicaid) insurance, and I would need to apply for their GC. what should I say yes for this answer or no, they only get the health insurance benefits? pleas assist.
“Have you received public assistance in the United States from any source, including the U.S. Government or any state, county, city, or municipality (other than emergency medical treatment)?
It sounds like the answer should be yes, at least for those members of your family who have Medicaid. You can explain in a cover letter what benefits they get. If you have asylum status, receiving these benefits should not block you from getting a GC. Take care, Jason
Hey Jason how are you
I applied on Aug 2016…still waiting for interview..I have two kids back in the home country..I tried to expedite but they denied.
My husband has a cdl license and a few companies are ready to sponsor him…is it possible?I’m the main applicant and he is dependent..
What is the other way of bringing my kids here??
If he has no other status besides asylum, he will most likely need to leave the US and get the GC overseas. This can be quite difficult and he would want to talk to a lawyer before starting the process. Your children could try to come here on student visas, if you can afford that and they are old enough, though that will be difficult due to your asylum case. I do not know any easy way for them to come here. You can try again to expedite the case, if you have some new information about the problems they and you are suffering due to the delay. Take care, Jason
Hi Jason, thank you for your kind support. I am following your posts religiously. I have a quick question to ask, I was granted asylum in December 2017. But I want to travel to Thailand for two weeks for vacations on RTD. When I come back do I have to exclude those two weeks out of 1 year physical presence to be eligible for GC. Or does USCIS will let go.
Hello Asylee
I would like to know if you would need an entry visa on your RTD when traveling to Thailand? I suppose you have chosen a great destination to destress after going through the very stressful asylum process. Enjoy your holidays and be safe.
I am not sure. In the past, we have not had any issues with short trips. However, USCIS is now looking for reasons to deny cases. If you cannot find a firm answer to this question, my recommendation is to wait the extra two weeks. It’s not long, and it’s probably not worth the risk to have the cases rejected, which will be expensive and cause much more delay. Take care, Jason
Hi Jason,
I recently changed my cell phone number and my asylum status is pending. Should i update the asylum office with the new number? If yes, how could I do that?
Please let me know. Thanks!
You can update your address and your phone number using form AR-11, available at http://www.uscis.gov. Take care, Jason
Hi Jason,
Hope your doing good..
I have quick question with you i need advice please help me,
Through paralegal i have submitted my Asylum application on August / 06 / 2018 ,but still now i didn’t received any receipt ,What can i do now .
Thanks,
VJ
Many “paralegals” are untrustworthy. I would insist on getting a copy of the entire file from the person, and a copy of the mailing receipt. Make sure that the case was sent to the correct address. If the person refuses to help you, you may want to talk to an attorney. Often times, non-profit organizations will assist where a person has been ripped off by a so-called paralegal. I provided a list of non profits for each state in a posting I did on September 22, 2016. If nothing else works, you may need to file again (and explain in the cover letter what happened). Also, you can try to get a copy of your file form USCIS by Filing a Freedom of Information Act request, form G-639, available at http://www.uscis.gov. This is free, but it takes months, and you need to make sure the case is filed before the one-year asylum bar. Take care, Jason
Hi Jason,
I checked the online and pdf document for AR-11 and it does not have a column for phone number. How else would I be able to update it?
Thanks a bunch!
Hmm, I was thinking of the change of address form for court. I guess you can send the asylum office a letter listing your new phone number. Make sure your Alien number is on the letter. You can email the letter to them. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). They typically would not call you, so I do not think this is a big worry. All correspondence is by mail. Take care, Jason
Hello,
Hope everything is well.
I have applied for asylum in USA and my case is still pending and not got interview yet. I am over 21 years old. . But, my mother lives in USA too and holding a green card. So, can my mother help me in any way to get me green card?
Thank you very much.
She can file for you, but the waiting period is long (7 or 9 years, if I remember correctly). Also, you would probably have to leave the US to get your own GC. This would be the case even if your mother became a US citizen. Talk to a lawyer to be sure, as there may be exceptions to the rule, but most people in your situation would need to leave the US (after years of waiting) and get the GC overseas. Whether that is possible in your specific case, I do not know, so check with a lawyer. Take care, Jason
Hi Jason,
I have a question regarding I-730 (asylee relative petition). I am a Colombian national who entered the US illegally 14 years ago and lived here without authorization all this time. Last year I got married to an Iraqi asylum applicant who has been granted asylum shortly after our marriage. He has filed an I-730 petition for me, which has been pending for almost a year now (waiting for the interview). Given that this bona fide marriage occurred before my spouse grant of asylum and I meet all the other eligibility criteria for I-730, do you think the fact that I lived in the US all this time illegally and crossed the border can be a reason for denial of my application? It looks like illegal entry and stay is not an eligibility criteria for I-730 form but with recent stories about people getting detained during USCIS interviews, I got concerned about my application.
If you have no issues other than the illegal entry and the long stay here, I do not see any basis to deny the I-730. We are doing something similar now for client (though he entered illegally, he now has DACA, so he has a layer of protection that you do not have). I have not heard about any I-730 people being detained, and it is fairly common to file I-730 forms for people here unlawfully. The problem these days is that USCIS is looking for reasons to deny cases. That said, as far as I can see, you are eligible and so I would not expect a problem. You can always have a lawyer go over the specifics of the case to be sure. Take care, Jason
Hello Jason
I have got my green card after a decade of hold because of TRIG last weekend. It has been backdated two years instead of normal one year for those who get their green cards through asylum. I would like to know if you think the USCIS has made a mistake when it backdated it two years.
That is a good question. I have never heard of the GC being back-dated two years. It really will not be a problem except for applying for citizenship. If you apply based on the date on the GC, maybe you will be denied for filing a year “early.” I suppose you can try to contact USCIS to inquire about this, but my guess is that you won’t get much help from them. You could have a lawyer look into whether USCIS sometimes back dates GCs by two years. Take care, Jason
Jason
Can I apply for EAD for my family dependants (wife & daughter) separately. I am the primary asylum applicant, however the expiration date on my current EAD is different from the one on my dependants cards. I have to apply soon to avoid employmrnt gap. Can I still apply for dependants separately later on?
I see no reason why you cannot do that. Everyone should renew on his/her own schedule. Take care, Jason
Hi Jason, thank you for always being here to help us go through this process. I recently apply for i485 based on asylee status. I submitted form for RTD and work permit together with form i485 and paid 1225 total but my work authirization form was returned for no payment received but they accepted the other two forms. Is this normal?
Something tells me that this is the new normal. We used to do exactly what you did, and everything was fine. But now, USCIS is more strict and will not issue an EAD under category a-5 when you pay the I-485 fee. Of course, there was no announcement from USCIS. They just did it. An asylee is eligible to work without the EAD, but many employers and the DMV want it. You may have to apply again and pay the fee, or do a fee waiver (form I-921, available at http://www.uscis.gov). Take care, Jason
Thank you
Hello,
I am Syrian national with pending asylum for 5 years now. I renewed my passport last year. I sent the old one using UPS to my dad in a third safe country. He renewed it for me using the Syrian consulate in that country, and then he mailed the old and the new ones back to me. Now I am renewing my EAD. They are asking about the most issued passport number expiration information.
1- Should I give them the information of the new or the old passport?
2- If your answer is the new one, can this affect my pending asylum case?
3- If your answer is the old one, can this affect my pending asylum case in the future?
1 – If they want the most recent passport, that is what you should give them. 2 – You may need to explain how you got the passport renewed if the Syrian government wants to harm you. Maybe a letter from your father describing what he did would help with that. Also, you can keep copies of the mailing envelops when you and he mailed the passports. Take care, Jason
Hi Jason,
Today I received by mail a failure to appear warning however i have never received any notice for the interview . I am 100% sure as I check my mailbox everyday and it’s the same mailbox in which I received my biometrics notice. I am puzzled and at loss as what to do.. How can I prove that it’s not my fault ? Thank you
Dear Bob:
Firstly, I wish Jason can help you for your situation, I feel you, it really make someone to be worried.
Also, can you please tell me when was your biometric date? Please let me know of the date, dear Bob, I would be really appreciated.
Regards,
I did my biometrics in Aug 15 and according to the letter the interview was scheduled for September 6th
You should contact the asylum office and tell them what happened. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). You can try email or calling, but if that does not work, you may want to go in person. Probably, they never mailed you a notice and it is their error, but you should try to contact them to tell them. Take care, Jason
Hello Jason,
Is 180 days the new waiting time before we can file for EAD renewal? It was 120 days last time I renewed?
Hello
USCIS website says: “you should not file for a renewal EAD more than 180 days brfore your original EAD expires”
However, I called USCIS customer service, asked them the same question. They said according to the info they have, the renewal should not be filed earlier than 120 days and not later than 90 days brfore the expiration of the current card. I told her about the 180 days on the website. She said it might be have changed. But this is what I have on the record 120 days.
Please advise?
Here’s the USCIS website where it says 180 days: https://www.uscis.gov/greencard/employment-authorization-document
I think it is 180, but USCIS is so inept these days, you might be better to file 120 days before, in order to avoid USCIS screwing up and incorrectly returning an application as filed too early (even though it is not too early). This is a major problem these days – we try to anticipate USCIS mistakes in order to avoid them before they occur. It is a real mess. Take care, Jason
My EAD card will expire in Nov and I applied for renewal 150 days before and they send me new EAD card now with two years valid
It was 120 and then they changed it to 180 at some point. Take care, Jason
Hi Jason,
I am a granted Asylee. I need to leave the country for study purpose. I already applied for RTD and I put the address of the country which I am going to study for pick up( it is not my home country.). Do you think it’s safe if I leave the country once I am done with biometric in USA?
Thansk
I really do not know about that, and it makes me nervous to leave and hope you get the RTD after you have left. Also, I did not know that you could get an RTD after you’ve left the US (you can get a Re-entry Permit after you’ve left – this is also obtained using form I-131). Maybe you can get the RTD after you leave, but I would double check that to be sure. Usually, it does not take more than 2 or 3 months to get the RTD, and so if you can wait a bit, that might be better, but at least double check that you can actually get the RTD overseas. Take care, Jason
Jason,
Theoretically, an asylee/refugee can get an RTD after they successfully filed the I-131 (RTD application) and successfully submitted biometric information.
The applicant should tell USCIS which country they want to pick up the RTD so USICS can designate a US embassy to send/process the travel document.
Even though USICS may send the document to a US embassy overseas, it’s usually up to the top diplomat at the particular embassy to decide if they want to facilitate you getting an RTD.
You must not have lived overseas for more than a year or you will not be able to come back to the US, even if you get the RTD. It is also a good idea if you have some kind of evidence to show that you had to leave the US before your RTD was processed because of an emergency or something very important.
Personally, if it’s not an emergency or something extremely important, I would not leave before I have the RTD in my hand. Also, bear in mind that even though you are an asylee, it’s up to the immigration officer to decide if he/she is going to admit you back in the US as an asylee/put you in removal proceeding because you didn’t get a travel document.
Thank you – I am with you. Unless there is no other choice, I would get the RTD before leaving the US. Take care, Jason
Hi, Jason! Hello everybody. I’m asylum seeker, recently got approval after 3,5 years. Now applied for RTD. I have a question my purpose to get RTD go to third party country meet my girlfriend get married come back and whenever I need to apply for GC(june 2019) Include her as my wife to my case, there’s any countries not recommended or recommended to me in my situation. Thank you.
Congrats on asylum and on the upcoming marriage! You can go to any country, as long as it is not the country that you received asylum from. One issue: To apply for a GC, you need to have one year of physical presence in the US after you win asylum. You may want to look into that if your plan is to be outside the US for a long period of time. Take care, Jason
Hi Jason,
What happens if the applicant cannot acquire AP and decides to just depart the US in order to go through counsular processing abroad? I realize that this means abandoning the asylum application, but is it true that this would also mean the protection from unlawful presence would be retroactively withdrawn? For instance, if someone applied for asylum while in a valid nonimmigrant status then fell out of that status while their asylum is pending, and then departed the US before their interview, would USCIS consider them to have accrued unlawful presence the moment they fell out of nonimmigrant status, or would they still have been considered to not have accrued unlawful presence? This is all so heading-inducingly complicated…
As of today USCIS does not seem to retroactively count unlawful presence in such cases.
Your days during a pending case will not count for that purpose even if you abandon your application for consular processing.
Also, your application is not considered abandoned solely because you left without AP. It will only create an assumption of abandonment, which USCIS will issue you interview notice right away (after they found out you left) and provide you an opportunity to overcome that assumption. Normally if you appear in the interview the assumption will be overcome. If you didn’t show up (and don’t have a compelling reason) however (or due to some other reasons) USCIS will close your case due to abandonment and issue you and your dependents a notice.
That being said it’s an interesting way for people with lawful status (i.e. can get a visa stamp) to expedite an interview 🙂
Thanks for the reply VVN! At least there’s *some* good news then. On a side note, you seem to be active on those forums and quite knowledgable. What is your background if I may ask? Are you an asylum applicant? If yes, I’d love to know more about your story and possibly even connect with you outside this forum. Navigating asylum can be a lonely process and it would be nice to have friends that are going through similar circumstances, so do let me know if that’s something you’re interested in.
If you had a pending asylum case, you would not accrue unlawful presence while the case was pending. If you leave the US, that would not change, and in the scenario you describe, it seems to me that there is no unlawful presence. However, if you do leave and abandon the case, I think you should contact the asylum office and try to get the case terminated, as it might interfere with a consular case (basically, if the asylum cases is not terminated and you leave the US, you will eventually receive a deport order, which will make it much harder to return to the US). You can find the asylum office contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hi Mr. Jason and everyone in the group:
I had my biometric on Sep 05, 2018, will they send me something after it as a confirmation of it or not?
Because someone told me that they will send you a letter back, and you will use it for EAD too.
Regards,
Hey. I dont think they will send anything.
I had my biometrics taken on Aug 21st and I received my appointment notice 2 days after. I didnt receive anything related to the biometrics
Good luck!!
Hi JOE
Thank you so much for you response.
What was the appointment you received 2 days after taking biometric? Because mine was in 5 of September, and haven’t received anything back.
Please let me know about it.
Hi JOE and Asylee,
Can I ask in which USCIS office you both have applied ?
Thanks
The appointment was actually issued the same day I took the biometrics but it took 2 days to be mailed. I believe you shouldnt be worrying about. The cases I believe are going fast. Tou should be getting an appointment notice anytime soon.
Hi JOE and Asylee,
Can I ask in which USCIS office you both have applied ?
Thanks
Hi BOB:
I am in Verginia, and applied in Arlington.
Regards,
Hi JOE
Would you mind sharing in which USCIS office you have applied ?
Thanks
Hi, I live in Maryland and applied in Arlington VA. Tomorrow is my interview.
Wish me good luck
I wish you good luck Joe, let us know how it was
Hopefully it goes well – good luck, Jason
Normally, you get a receipt and then the biometric notice. The receipt is a half page colored blue and white. If you did not get that, you should probably be able to use the biometric letter to get your EAD when the time comes. However, if you do not have the receipt, you may want to contact the asylum office to ask about that. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hi jason,
I want to include a peronal statement from my father for my interview. What should we include in the personal statement? Please let me know.
Many thanks
I wrote a post on April 16, 2012 that might help with this. Take care, Jason
Hi Jason,
I applied asylum in October 2017 at Arlington office. What is your estimate time for my interview considering the rate its going now?
At the rate it is currently going, you will never get an interview, but things will change and an interview will come eventually. When that will be, I do not have any idea, and no one else knows either. You can try to expedite if you want – I wrote about that on March 30, 2017. Take care, Jason
Hi jason,
I have my interview next week and I dont have an attorney yet. Do you think I should have one with me during my interview? Could you please suggest some good attorneys in Boston Area?
HI there,
Can you please share your timeline for the Boston office? Also can you let me know if you put your case in shortlist of expedite your case? I applied in 2014 and have not received a interview yet :(.
Thanks!
I wrote an article on September 8, 2016 that might help. It is nice to have a lawyer with you at the interview, but more important is to have the attorney prepare the case and practice with you prior to the interview. Maybe you could find someone to at least review your case and give you some tips before the interview. I cannot recommend anyone here, but you can try http://www.aila.org to find a list of lawyers in Boston. Take care, Jason
Hi jason
I had my interview 8 month a go and I applied for EAD Rnewal 3 weeks a go and today I have received EAD I noticed the category in my new card changed to A05 does that mean anything ?
A05 EAD Category means that you have been granted asylum. Congrats.
Uscis Reference
https://save.uscis.gov/web/media/resourcesContents/EAD_Code_Table.pdf
ALI, we don’t know for sure but A05 means that you have been granted asylum. Hopefully you were granted asylum.
Normally, a-05 means that asylum is granted, but sometimes, this appears on EAD for random reasons. I would contact your local asylum office and ask about the status of your case. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hi Jason,
If I obtain police certificate with the help of relative (via power of attorney), will the embassy question validity of the asylum case at the time of the interview at the embassy? I indicated on my asylum application that I have never been arrested but police did look for me after I fled the country. I don’t think they put any charges on my record, so I think my police certificate will be clean. All of this is true, but I just don’t know if it will look suspicious that I have asylum pending but I was able to obtain clean police certificate (which I think it is). Thank you in advance.
I think you should be prepared to explain this, if you are asked. Maybe you can get an “expert letter” from a lawyer in your country who can explain why you might have a clean record even though the government has been searching for you. In situations like this, it is a good idea to talk to a lawyer to go over the specifics of the situation, as that is safer. Take care, Jason
HI Jason
Am asylum seeker since 2015 may Chicago office,no interwiev yet. My employee now want to sponsor me for a gc.i spoke with my laywer,and he told me there is no othere way for me only through asylum,because my wife is on app.
Questions for you:
1.Where i can get more informations from uou if i want to hire you?
2.If everything goes right in counsular processing is my wife eligable for gc?
3. I think am able to obtain police and court clearance from country where am coming from.
4.How much are all fees for doing that process?
5.Are you a lawyer who want to do that and do you have expiriance in that kind of cases?
Thank you!
1 – My contact info is at right; you can email me, but see 2. 2 – I do not do a lot of consular cases, and I do even fewer business immigration cases. Most people who get a GC based on employment are eligible to sponsor their spouse and minor, unmarried children, at least as far as I know. 3, 4, 5 – I am probably not the best person for such a case. Normally, a lawyer who does consular processing cases would be the best choice, I think you should talk to someone like that to get a second opinion about your eligibility. Take care, Jason
Hi Jason, thanks for all your efforts on this platform.
It’s been over 2 months since I filed a a NOID rebuttal and I haven’t gotten a response. It’s also over 150 days since my asylum application. Now my questions are as follows
1) How long does it take to get a NOID feedback from the asylum office.
2) Since it’s over 150days of filing the application, can I apply for an EAD
3) What are your experiences with a NOID.
Thanks in anticipation.
1 – It varies a lot. It can be days, month or more, though most cases should be resolved in a few months or less. 2 – Yes. 3 – We try our best to win. Sometimes, we win; sometimes, we lose. It depends on the case. Take care, Jason
Hello Sister.
Can u share what asylum office you have apllied?
Hi Jason,
In my country the concubinage is a Legal Marital status. If I have a granted Asylum (June/2018), an I able to File an I-730 for my couple that is now in the US? We have all the Legal Concubinage Documentation signed by my country authorities.
If the marriage is legal, I suppose that would work, but I do not know your country or the specific document. You can have a lawyer look at the specifics and give you more complete advice. Or you can just file the I-730 and see what happens (the form is free and if USCIS does not accept the document, they will inform you and probably give you a chance to submit additional information). Take care, Jason
Hi,
Does the AP serve as a travel document in case of traveling overseas for consular processing? I am assuming an asylum applicant can’t use his passport to go to a third country due to the asylum claim.
Good question – with AP, you need to use your home country passport, and there may be some issues with doing that (though we have not seen anyone travel with AP and have a problem because they used their passport). AP is like a visa – it gets you back into the US, but it does not serve in lieu of a passport. Take care, Jason
Hello Jason,
Thank you for your articles. They have always helped us in moving forward with high hopes. Last week I filed for I-485 for me and my wife based on approved asylum after waiting for 1 year. However, I sent both of our application, supporting documents and the fee together in a single package through FEDEX. Is it okay to file like that or will it be a problem? Please let me know. Thanks in advance.
Sam
As long as USCIS realizes there are two cases in the envelope, you should be fine. Take care, Jason
Hi Jason,
I really can’t thank you enough. you’ve been of great help to me. When i started this process in 2017, it was a nightmare until the the day i came across this blog. Though i didn’t even have the money to afford for a lawyer, just the material you put at our disposal free of charge was enough for me to start somewhere.
i will like to share my time line here and encourage some of my brothers and sisters out there who are still waiting, to keep TRUSTING GOD. He never fails.
Applied in june 2017
Had EAD in January 2018
Request for expedition July 25 ( Thanks to your article on expedition)
interviewed on August 8
Today i got my approval.
God alone will reward you.
Please i have a quick question as i’m about to file for my husband. Do i still file at asylum office where i was granted asylum? Please any advice for me as to what to include or not will be greatly appreciated.
Thanks immensely
Hi,
Quick question. On what ground did you file your expedition request?
Thanks!
I filed on the grounds of continuous persecution in my country, They had to extend to my family and I got all those evidence
What asylum office did you apply at?
EMM
Houston asylum office
Congratulations and thank you for sharing your timeline. Could you please tell me which office you applied and you told that you applied on 25 July and had interview on 8 August, when they called you for interview? I was over phone and how many days you got to perpare for interview?
Thanks in advance
Hi David,
I filed at the Houston asylum office, the time between interview notice and interview was really short but thank God I had a mastery of everything. I couldn’t take that chance to postpone after the long wait. Thank God I went through.
Wish you all the best
I am glad the blog helped, and Congratulations on being approved – it is terrific to hear good news. If your husband is outside the US, you file a form I-730, available at http://www.uscis.gov. The form is pretty easy (especially compared to an asylum case) and the instructions tell you what you need and where to file. Best of luck in the USA! Take care, Jason
Thank you so much Jason
God bless you
Dear Mr Dzubow
I am asylum applicant since April 2016 ,and for urgent situation, I returned back to my home country in May 2018 without AP. I wonder if I am eligible to process my case through US embassy to apply for GC ??!! and how it come to get GC before guaranteeing asylum?
Thank you so much for your help
Unfortunately, I know of no way to do that. I suppose if you have a visa, you could try returning to the US. However, you do risk being turned back at the airport. At that point, you could seek asylum (and most likely be detained) or just leave. You may want to consult with a lawyer to see about other options. Take care, Jason
Many thanks to you Mr. Jason,
You’re indeed a God- sent to this community. Three questions though:
1. I had my interview more than 3months ago- (Chicago) office after which I was handed paper stating that i had my interview with AO, that the decision will be mail….also that could file for EAD after 150days and I haven’t heard a thing from them. Is this a typical template/paper given to people or something peculiar to me?
2. You wrote extensively on AP, If for any reason I decided to seek an AP, can I elect to choose a 3rd- country of my choice or it is the perogative of uscis?
3. Can I possibly attend a post-graduate program with my current status? , If yes, does it involve a change of status?
1 – It sounds like something typical. I do not do a huge number of cases in Chicago, and I do not remember what paper the person gets after the interview, but that sounds like a normal thing. 2 – If you have AP, you can travel any where you want, but if you go to your home country, of course that can have implications for the asylum case. 3 – Different schools have different policies. Most will let you attend if you have the EAD, but you should ask the specific school. Take care, Jason
Hello Jason,
I have a friend of me(called the Mother here) who gave birth to her Daughter(US citizen) in Florida in 2001. At this time(2001) she(the mother) overstay her B1/B2 ( stay in USA for more than 6 month) . After going to back to her country the US consulate Canceled her visa and the Visa of two of her other children. Each time she go to the US consulate to request a Visa they refuse a visa to her and to her other children that are not US Citizen.
Now her Daughter Us Citizen has 17 years and she is studying at Florida. And her Mother wants to visit her. But she does not have a visa to come.
I guest, after 17 years, consequences of her violation of the overstay Law should be be finished and she should be forgiven and receive a VISA.
If yes, what STEPS should follow, or what the mother should do to get a VISA Back to come in USA and Visit her Daughter of 17 year old?
I can only really answer questions related to asylum here. The mother can talk to a lawyer to try to present the strongest possible application for a visa. Also, once the daughter is 21, she can file for the mother to get her green card. Take care, Jason
jason,
Please help me i have LGBT case file in usa and i m from india . in india section 377 so LGBT was criminalize but today they change as non criminalize. I don’t know how i m going to prove my case is strong ..PLease give some suggestion how i m going to prove as law is change but still my marriage is not acceptable by law in india
Hi sunil I have the same situation like you. I am from India as well and process with asylum.there is still stigma and discrimination against lgbt people in India. Even the government doesn’t support they stated. That homosexuality is like a genetic disorder. They should be treated as physiological cases
Sunil are you married here already in usa?
Rp
Yes I m married to Indian person it’s been 1year 6 month .. plz share if u get any Material to support Our case from India after this change I m so much Depressed.
Hi I am also from India and have filed under the same category . This is a way of concern but do not jump into any conclusions and wait with a positive thought. I am about to file for my EAD and already have my interview in May 2018. Hope it works out for us as we know what horrible experiences we have faced due to our orientation. Please keep me posted if you get your results.
Pb
Would u tell me when did u file ur case and where ?
Pb
Would u be able to message me ur email so I can ask what qus they asked u on interview have u got ur interview result ? How long the interview was
I don’t want to share my email on a public forum. Yes, my interview took place in May, I had applied in March 2018 and the grilling session was for 3.5 long hours.
Pb
I m sharing my email so I can get some detail from you which can help me some way my id is pass.ask1@gmail.com
You can still get evidence about your fear of return – letters from people and organizations who know about the danger, information about any harm or threats you suffered in the past, country condition information for LGBT people. Just because same sex relations are not criminalized does not mean that you face harm, but you need to also show that the government is unable or unwilling to protect you and that you cannot safely relocate within India. One good resource is the group Immigration Equality. You would also benefit from talking to a lawyer about how best to present your case. Take care, Jason
Hi Jason – i have my first interview in 10 days after waiting for 3 and a half years. I want to do it right the first time. Could you please suggest me what should i do?
Hi sunil hope you doing good I am also lgbt asylum seeker from India. Where did you apply for ir
RP,
Please share ur mail Id so we can discuss more about India . I filed in sep 2017 in Miami what about u
Talk to a lawyer about the case. Also, I wrote a post that might help on September 8, 2016. Good luck, Jason
It was a good read and very informational, all three of the installments. Thank you!
Hi Jason. Thank you for your helpful information. I had a question: If I want to correct a date in the asylum interview, should I tell the interviewer at the beginning of the interview or wait until the interviewer get to that question and tell him to correct that mistake? Also, how should I tell him? Thanks.
I would tell them at the beginning. If they have to ask you, it potentially looks bad and affects your credibility. You can tell them orally, or if it requires more explanation, maybe do it in writing and submit it before the interview or at the interview. Take care, Jason
Hi Jason
I have a pending asylum in Immigration court after my case was referred there by USCIS after my interview.
I am about to move from Houston, Texas to Pittsford, Vermont. I have my work authorization but it will expire in December. Below are my questions.
– Is it possible to move the case from Houston, Texas to a court near where I will move to Vermont (Seems like there is no immigration court in Vermont)?
– Which court has jurisdiction over people in Vermont?
– When is the earliest I can renew my work authorization? How many days before it expires?
– How long does it take for USCIS to renew work authorization.
Thank you for your help.
1 – Yes, you have to file a change of address and maybe a change of venue. I do not know your closest court. 2 – Maybe Boston? I really do not know. 3 – You can renew 180 days before the old card expires. 4 – It probably takes at least 3 or 4 months. Once you get the receipt for the new EAD, which you should have in less than a month, your old card is automatically extended for 6 months. Take care, Jason
What about going to the interview in the embassy after you have the cleared the waivers from inside the US?
That is the process for the provisional waiver, or for the I-601 waiver. It is better if you can obtain the GC without leaving the US, but if you cannot, maybe the embassy interview will work. Of course, talk to a lawyer before you start the process, to be sure you can do it (well, it is hard to be sure of anything these days, but at least to maximize the chances for success). Take care, Jason
So if I’m married to my wife(she is from my country) and we have 3/10 bar, there is no way for waiver because we don’t have any us citizen relative and we can’t show any hardship? Even if we have AP? They will let us in most likely, but they can’t give us a GC stamp in passport cause of our 3/10 bar?
I think you would need a qualifying relative to get a waiver of the 3/10 year bar. AP would allow you to re-enter, but it would not do anything with regards to the bar. Sometimes, there are exceptions to these rules, or maybe you are not subject to the bar, so talk to a lawyer to review the specifics of your case. Take care, Jason
Jason, if u can add this to your post it canxbe helpful for someone.
What are Possible Reliefs of Unlawful Presence?
Waiver of the three and ten year bars
Non-immigrants who are subject to the three or ten year ULP bar may seek a discretionary waiver under INA § 212(d)(3).
It’s a bit too much to try to account for each possibility. Hopefully, once the issue is flagged, the person can seek help from a lawyer. For most people, it will be very difficult to navigate the waiver process, leaving the US and returning, etc., without a lawyer, and there is only so much I can advise here, since each case presents its own issues. Take care, Jason
Hi Jason. I granted Asylum from IJ. I applied and received un restructed Social Security card. Then i applied for un restructed Driving licence. I received it yesterday but written at top right corner: Not for Federal Pursose. This sentence was written on last driving licence and also on this too. What mean by it?
That may have to do with DL requirements from the REAL ID act. However, if asylum was granted, I would expect that it would be valid for federal purposes. I think you should check the DMV website about this, or return to the DMV and ask why it says that, and whether there is anything you can do to change it. Take care, Jason
Thanks sir. But what are the Benefits of Federal Purpose?
I believe it includes things like using the DL to board a plane, but I am not sure all the ways that affects you. Take care, Jason
NADEEM, this happened to me last year at the New York DMV. The “NOT FOR FEDERAL PURPOSES” notation is not really important until 2020 when and if you need to enter federal buildings or board an aircraft. That’s really the difference between the one without the notation and the one with the notation.
It seems to me that a lot of the DMV employees are not familiar with asylee/refugee status and therefore are not clear on how to process state IDs/ driver’s licenses for applicants who are granted asylum/refugee status.
The sad part of it is that you don’t even have to win asylum to get an ID that can be used for federal purposes once you meet the criteria that are listed on the Department of Homeland Security’s website. Perhaps you can print the requirements and take it to the DMV.
Also, you MUST clearly state- or select the option- that you are applying for the “Real ID”. Otherwise, they are going to process the regular ID.
This is very very informative. You answered alot of questions i have heard for years. Thanks.
Jason, i know someone who has got a Notcice of intent to deny. Given 16days to rebuttle.
Their story was found, consistent, well detailed, and credible. However, the A .O questioned their social group basis….
This is a person who was sent an exortotion letter demanding 100m or his entire family be killed. He doesnt know who sent the letter, nor does he know the origin. So the AO catagorised them as being Wealthy, and thats why they were being threatened with death.
Wealthy as a social group doesnt qualify you as an asylee, the notice said.
My question is, how do you approach such a situation, what is this family going to do? They cant return home, they were warned not inform police or the media, but tehy did and their story made national news, as a result another letter was sent threatening, but they had escaped to the US.
They need to find a way to categorize the case as based on a Particular Social Group (or some other protected category, such as political opinion or religion). Asylum does not provide protection for all harm – it only protects people who face harm on account of one of the five protected grounds. “Wealthy people” is probably not a PSG under the law, but maybe if the whole family is targeted, they can argue that the PSG is “family,” which courts have found to constitute a PSG. Or maybe there is some other basis for the claim. They should talk to a lawyer for help. Take care, Jason
Thanks Jason.
We approached a lawyer. He examined the case, read through the notice written by AO, and he said they were errora made on both sides.
He said he was going to write what he called a “brief” not sure if thats how its written. Says, applicants will go back with that document from the lawyer….but witout the lawyer.
Do you think this would work im favor of the applicant. I dont know what a brief is.
I think you make a better argument than what i haerd from the lawyer, may be because he wants money? I dont know. Am more scared fro them now
A brief is a legal argument. Probably he wants to explain why you do fit into a protected category. Maybe you should be more clear about what he plans to do before you pay money, but writing a brief or response to the NOID is normal (though what he writes is key). Take care, Jason
It’s so true that AP is more and more difficult and long time to get. I applied AP since 24th of May until now 6th of September I have never heard the result other than the receipt of it. My question is:
How do I know I am qualified for obtaining GC overseas while my asylum application still pending? I don’t have any criminal records or 3/10 year bar.
It depends on the basis for the GC and on your immigration issues, if any. Talk to a lawyer about the specifics and hopefully the lawyer can help you understand whether you have any options for a GC. Take care, Jason
There is a problem with this option, if asylum seeker leaves the US and somehow overcomes the 3/10 year re-entry ban they’ll still be required to provide police clearance to process his green card at US consulate and many asylum seekers have problems with their governments and won’t be able to obtain such document, and I don’t think the US consulate will waive that requirement.
I agree that this could be a problem. Whether some asylum seekers cannot get the clearance, or what they can do to satisfy the US government, I am not sure. It is another issue that should be discussed in advance, as there is no point starting the process if you cannot complete it. Thank you for raising that point, Jason