Lee Francis Cissna, the Director of USCIS, is building an “invisible wall” to compliment his boss’s “big beautiful wall” along the U.S./Mexico border. The “invisible wall” consists of bureaucratic barriers to prevent people from obtaining immigration benefits in the United States. Ostensibly, the plan is to make America more secure and to protect our country’s workforce. From my perspective, though, much of it seems like gratuitous cruelty, which especially impacts families who don’t have the resources to hire a lawyer.
The bureaucratic changes at USCIS also impact attorneys, increasing our work load and our stress level. It’s now harder to advise our clients, since many USCIS decisions seem arbitrary. While cases are mostly still successful, the environment is decidedly less pleasant. And so without further ado, here are the top ten things I hate about the “new” USCIS:
(1) Asylum Seekers Must Report Arrests on the I-765 Form: The new I-765, a form used to request an employment authorization document (“EAD”), requires that asylum seekers–and only asylum seekers–indicate whether they have ever been arrested. Other EAD applicants, such as people waiting for a green card based on a family or work petition, are not required to report prior arrests. Why are asylum seekers so special? I have no idea, but it’s clear that the current Administration is no fan of asylum, and so perhaps this is another way to punish those who have the temerity to ask our country for protection. What’s wrong with asking about prior arrests? Aside from the arbitrary decision to single out asylum seekers for this additional burden, there are a couple issues: First, many asylum seekers have been arrested back home for their political opinion or religion (hence, they are seeking asylum). USCIS wants documents on all arrests, but it is often impossible to obtain documents for these “illegal” arrests, and this could potentially result in a denied EAD application. Another issue is delay. It takes extra time to process applications if there is more to review. We can expect this new requirement to slow down cases where the person has a prior arrest, and since extra resources will be devoted to such cases, we can expect a ripple effect for all EAD applicants. Finally, the new requirement might necessitate some EAD applicants to hire lawyers, which can be burdensome. And for those with lawyers, the extra work might result in higher fees. At its heart, this is an access to justice issue: In many cases, you receive the justice you can afford, and that is not fair.
(2) Delayed Work Permits After an Asylum Grant: I am not sure how widespread this problem is, but we’ve seen a number of examples lately where a person is granted asylum, and then waits months to receive her new EAD. The delay makes it more difficult to get or keep a job, and it can also block people from receiving a driver’s license.
(3) Disappearing Cases at the Texas Service Center: Most of our office’s affirmative asylum cases are filed at the Texas Service Center (“TSC”). But sometimes, cases are received at the TSC, and then vanish, like dignity from the Oval Office. This happens if the applicant had a prior asylum application, which we did not know about (sometimes, an applicant was a dependent on a prior case and did not know about the case), and it can also happen if we accidentally send an application to the TSC when it should have been sent to a different service center. Why the TSC can’t simply inform us about these errors, or just reject the application, I do not know (though there is an email to contact the TSC, and they recently assisted in one of our cases – Thank you, TSC!).
(4) Rejected Cases at the TSC: The TSC is also notorious for rejecting cases for small, insignificant errors. We once had a case rejected because we did not list the applicant’s siblings. He had no siblings (now, we make sure to write “n/a” in any empty boxes on the I-589). We’ve had instances where we forgot to check a box, and the application was rejected and returned to us. Now-a-days, we triple check the applications in the hope of avoiding such issues, but I imagine for pro se applicants, this is more frequently a problem. The shame of it is, most of these small errors could be resolved at the asylum interview; there is no reason to reject the entire case, causing additional delay and stress.
(5) Refusal to Accept Birth Certificates: Lately, we’ve seen examples of USCIS refusing to accept birth certificates that were not created at the time the person was born (we have not seen this problem for asylum cases, but we have seen it for asylees who are filing for a green card). It is common practice in many countries, that when you need a birth certificate, you request it from the local office. They look it up in a registry, and issue a birth certificate. This used to satisfy USCIS, but no longer. Now they want hospital records, letters from people who knew you when you were born, old school records, and lots of other difficult-to-obtain information about your birth. For me, the best evidence that a person was born is that the person currently exists. Shouldn’t that be enough?
(6) Denial of Advance Parole for Asylum Seekers: To get Advance Parole (“AP”) as an asylum seeker, you must show a “humanitarian” need for the travel. In the past, this was basically a formality. But now, all sorts of evidence seems necessary to obtain AP. In one of our recent cases, the client was seeking AP to visit her mother, who was ill. We submitted a doctor’s letter about the mother’s condition, but USCIS denied AP because the mother was not sick enough (the doctor’s letter indicated that the mother’s condition was “stable”). What was the purpose in blocking our client from visiting her sick mother? To me, this is simply another way to punish people seeking asylum in our country.
(7) Limitations on Advance Parole for Asylum Seekers: We have also seen examples of USCIS issuing AP for very limited periods of time. In one case, we received the approval, but AP was only valid for two days, thus making travel impossible. We try to avoid this outcome by requesting multiple trips, and timing the trips so that USCIS issues the document for a longer period, but what is the harm in issuing AP for one year (or longer)? Why make travel difficult for people who are already enduring difficult circumstances?
(8) The Four-Page Form G-28: Maybe this is a quibble, but why does it take four pieces of paper to enter my appearance as a lawyer using form G-28? All USCIS should need is my name and contact information, the client’s name and information, and space for some signatures. The form used to be two pages, which already seemed too long. Now, every time we enter our appearance, we have to waste four pieces of paper. The G-28 is just one example of USCIS form proliferation. The I-485 went from six pages to 18 pages. The I-130 went from two pages to 12 pages plus another six-page form for marriage cases. The Lorax would not be pleased. Neither am I. Also, of course, longer forms increase costs.
(9) Less Requests for Evidence, More Denials: A new USCIS policy memo makes it easier for the agency to deny cases, instead of issuing requests for evidence (“RFE”). Aliens are paying big bucks for a lot of their applications, and previously, if the applicant made a mistake, USCIS would issue an RFE to allow the person to correct her application. Now, USCIS will deny some such cases. As a result, some aliens will hire lawyers (and endure additional expenses that should have been unnecessary); others may have their cases denied, thus losing their fees and potentially jeopardizing their ability to remain in the U.S.
(10) Slower and More Unpredictable Processing Times: All the changes at USCIS have inevitably affected processing times. Applicants often want to know how long their cases will take, and how long they will have to wait to be reunited with loved ones. These days, processing times have become longer for most applications. Also, processing times have become more unpredictable. For example, if you are applying for a green card in Baltimore, Maryland, the processing time is between 11.5 and 27 months. That’s pretty long, and pretty unpredictable. It’s hard to plan your life in the face of such uncertainty.
I could go on, but I am sure you get the point. USCIS’s “invisible wall” is having its desired effect: It is making it more expensive and more difficult for people to come to the United States. People with fewer resources will suffer the most (as usual), but everyone is affected. Cases are still being approved, but these days, applicants need to be prepared for a more difficult journey to reach their goal.
Jason,
On the I765 form, The question for pending asylum applicants stated as,
“Have you EVER been arrested for and/or convicted of any crime?”
My focus is on the word crime. So if you are arrested for no reason or no crime , for example for political reason, for speaking out…How do you answer yes? Answering yes is confirming you were arrested for crime.
On the other hand if the question was just ” have you EVER been arrested and / or convicted?” You can say yes because the reason for arrest is not mentioned. Speaking out in not a crime and I was not arrested for any crime.
Hope you understood my question. Please share me your thoughts on this.
Thanks.
If you check the instructions to the I-765, the question is interpreted very broadly, so if you were arrested for any reason, I think you need to inform USCIS. If it was for a crime, I would check yes, circle the question and write “see cover letter”. In the cover letter you can explain and provide documentation. If you were arrested for a political reason, I would check no, circle the question and write “see cover letter”. In the cover letter, I would explain what happened. As long as you explain and they do not think you are concealing info, you should be ok. Take care, Jason
Hello Jason, I’m an Asylee with a pending i485, I’m currently visiting my mother in Canada. She needed to receive medical treatment so I had to stay with her, it’s already been 2 months here, is there any specific days I should be returned to the US as an Asylee, my travel document expires on February 2019.
Thank you!
Hi Tias,
Did you need visa for RTD to go to Canada? I want to go but I don’t need if I need a visa? Thank you.
Hi Jack, if you don’t have your Green Card yet, YES you need a visa, if you’re holding a Green Card you only need an ETA. Hope this helps.
You should check the Canadian embassy website or contact them about this to see if you need a visa. The RTD allows you to return to the US, and so you should have it for travel if you are an asylee. Take care, Jason
You certainly should return before the travel document expires. There are some requirements for physical presence in the US (one year), but presumably you’ve already met that, since you filed the I-485. I am really not sure whether a break in presence will be a problem at this stage of the process. I have not heard about that as an issue, but I have never looked it up before. If you want to be extra cautious, you might hire a lawyer to check that for you. Take care, Jason
Helo sir my case is approved and how long i take my l 94 card.
Hello Sukhi,
Congratulations on your approval.
Please so confirm, which did you apply to and when was your interview conducted?
Thanks.
Thankyou total 4 year process my case and my mch hearing this month newyork and and immigraion judge approved my case i am very happy and thankyou USA
If it was approved at the asylum office, you should receive it at the time of approval. If not, contact the asylum office. If it was approved at court, you need to take an additional step. Google “Post Order Instructions Immigration Court” and you will find info about what you need to do: Basically, make an Info Pass appointment with USCIS and bring your asylum grant order and ID to the appointment. They will do the rest. Take care, Jason
Jason,
I feel that my attorney could do a better job but I am not sure. What can I do here?
First, I’m currently based in New York, where there are thousands of applicants and companies willing to work with them. From what I heard, they’re getting way more support that I do. At the same time, my current attorney is in a smaller city (where I used to live when filing an application), and probably he doesn’t have to work so hard to win the business there.
Second, I wrote every page, word and letter in my case on my own. I consulted with the Affirmative Asylum Procedures Manual in order to answer the right questions, I used your recent post in order to format the application properly. I think that writing everything myself is a good thing (and I consider myself fairly intelligent and being able to work through all convoluted and never ending documents) but what is the point of being represented then? Needless to say, we have never done any interview prep.
Should I try discuss it first internally? I don’t think there is a lot of levers from the legal point of view. I might want to change my representative but I’ve already paid a fee (which was on the market level) and don’t want to just lose the money and having to pay one more time.
I am not sure what the attorney did for you, but sometimes we lawyers are doing things and the clients do not realize that we are spending time on the case). I do think preping for the interview is very important, and so maybe you can explain to the lawyer that you want to practice for the interview with him. If he resists that, I think you should ask for a refund and if necessary, threaten a bar complaint (depending how aggressive you want to be), and maybe find another lawyer to at least help you prepare. I wrote a post about the interview itself on September 8, 2016, and maybe that would be helpful. Take care, Jason
Hi Jason,
I submitted my DS260 which is petition to get green card, i got it from DV lottery,
But i would want to travel to USA this winter with B1/b2 i’ve already had b1 b2 visa 3 years ago, ive visited 2 times already, but last 2 visit i didnt submit ds260, will that be a problem entering USA with tourist visa because i submitted ds260? I couldnt find it anywhere about this problem. May you reply and Have a Good day!
Sorry, this forum is for asylum not general immigration, and I do not know much about DS-260s, as I do not do such cases. Take care, Jason
Hi Jason,
Can I open up my withholding of removal case if I am a minor without opening up my parents cases?
I think so, but before you do that, you need a plan about how to get a better status (and not risk losing WOR). Talk to a lawyer about that to be safe. Take care, Jason
Hello Mr Jason,
Please can confirm if the address is the right USCIS for EAD application for C8 Category, just want to be double sure.
Thanks
USCIS Dallas Lockbox
For U.S. Postal Service (USPS):
USCIS
Attn: I-765
P.O. Box 650888
Dallas, TX 75265-0888
I cannot provide such advice, sorry. If you checked the address on the form instructions for c8, you should be fine. Take care, Jason
Thank you for the Swift response.
It is understandable why you may not want to give an advise, thank you all the same, you’ve been of immense help.
Lastly, please how long does it take to get a acknowledgement from USCIS for newly submitted EAD application?
Usually 3 or 4 weeks. Take care, Jason
Hello Everyone,
My question is not for Jason specifically.
Did anyone of you take a mortgage when you have a pending for asylum decision? If yes, can you share the companies which give mortgage no matter what your status is.
I don’t know about the mortgage but I could get loan from RBFCU for my car just with my driver licence.
Jason, sorry for off-topic question but what is your attitude toward current migration caravan heading for the US? Don’t you think that this is complete disrespect for the US border and mockery of immigration law? Because that people don’t hide that the main reason why they go to the US is poverty and lack of jobs in their countries. And they don’t even try to seek asylum in Mexico – the first safe country on they way. What do they hope for? Don’t they know that they are not eligible for asylum according to the US law?
Hello Jason .
I am sorry my question is not related to this article, but can people with pending asylum (waiting for interview) travel to Puerto Rico? Thank you
They can, but the real question is, Can they return to the mainland? I believe the answer is yes, as I do not think there is a customs inspection in PR (there is a customs inspection in the US Virgin Islands, for example). You may want to check with the airline to see what documents are needed to return to PR, just to be safe. Take care, Jason
I think we should respect each person’s decision to make the journey – they all have their reasons for traveling. Also, I do not think it is disrespecting American law to flee the home country. That said, I do not believe in open borders and I think every country has a right to decide who can come into the country. If people from the caravan seek asylum in the US, they have a legal right to present their claim. However, if they do not qualify, they should be returned to their country. Also, politically, the caravan is a gift for the anti-immigration crowd (the Republicans), as it gins up the base and helps turn out voters. Finally, with regards to Mexico, I think it is complicated – I wrote about Mexico as a safe third country on July 24, 2014. It sounds like a large number of them have applied for asylum in Mexico. Finally, I do not think many people fleeing here understand the “nexus” requirement of asylum (I don’t always understand it either), and so they may think they can simply come here to seek a better life and to live safely, even though they do not qualify for asylum. These people are clearly in a difficult situation, but whether many of them would be able to actual come into the US and ultimately get status, I do not know. Take care, Jason
Facts about the Caravan.
1. Asylum is a type of relief that according to United Nations is a right that can be pursued by any HUMAN BEING in the world who faces danger, persecution and fear for their lives.
2. The circumstances in the Northern triangle started since the 1980, it took almost 40 years for the collapse of these countries. Widespread Corruption, impunity, dictatorships and Violence had made these three countries and their cities the deadliest in the world, (that should tell you a lot coming from countries that are not facing war). killings of journalist, lawmakers, political activist, small business owners, human rights defenders and people who fight against corruption has increase at higher rates in the last 7 years. they can’t open businesses because they are being threaten by the gangs and they have to pay “war taxes” (Pablo Escobar introduce this term back in the 80’s in Colombia and apparently the behavior became popular for hardcore narcos) crimes of drug lords and police involved in massacres have made this people have to run for their lives because it’s obvious that NOBODY can help them.
3. Mexico is by no means a safe third country. Drug lords and gangs (called zetas) who have violently killed migrants and Mexican citizens by kidnapping and requesting money for their lives make the facts to say this is not a safe place either. (However many people from that caravan has applied for asylum in Mexico, so, your claim they are not doing so is false)
4. what they hope for ? maybe what you are hoping for (in case you’re an asylum seeker as well, which it’s most likely according to what this blog is about)
5. maybe they know and maybe they don’t.. I can only tell you, is that it takes a lot of misery(which is their situation), to grab their children or being pregnant and take a bag, fill them with clothes and hope and leave, cause anything is better than what they’re living now… it has to be brutally horrible what they’re enduring to make a decision and say.. hey, even if they take my child away.. I wouldn’t care cause I love my kids and I wish a better life for them and not this.. these people are willing to give their children away rather than watching them being recruited or raped by gangs, drug lords and police. that my friend is heartbreaking and not at all a mock.
6. if they qualify for asylum or not, let the rule of law decide that. There are no judges here and every case is different. So, saying they don’t qualify is also false and vicious. Sessions might say gang/drug/domestic violence is no ground for asylum. but that doesn’t mean these people are suffering and are being persecuted every day. their fear is real.
7. a mockery of US immigration law is to use the asylum to file false claims and get EAD’s a mockery is what happened in Chinatown New York and the immigration fraud it took place there in 2012. but these people has no false claims. they are suffering and I don’t think you should call that suffering of these people “a mockery”. For you having a better life might mean having a new car every 5 years or changing to the new iPhone every 6 months but for these people who are walking to hope.. a better life is nothing but having a warm meal 3 times a day. You don’t know their circumstances.
8. finally a Disrespect is how you see this situation and the tone of your comment, accusing these people of coming all they way from their home in ruins to “make fun” of the law of US (a very dumb way to make jokes don’t you think?). for those of us who have read a little bit, I agree, many of them might not qualify. but who am I to decide who should apply or not ? who am I to disregard and discredit the hardships of these people who are drowning ? I don’t know but you sound very Republican, you should stop watching Fox News, you should stop politicizing these situation as well. Instead read of country conditions before making such a comment and show some RESPECT for the pain of these people. cause at the end, they are also Human Beings and have the same rights just like you.
One complicating factor is that the law is unclear and has been evolving (or devolving) for over 20 years. Whether a Central American who fears gang violence or domestic violence is eligible for asylum has been a moving target. Even after Matter of AB, asylum is not necessarily cut off for such people. Since even lawyers do not know the law, and since each case is evaluated on its own merits, it is hard to blame the migrants themselves for seeking protection in the US. Some of them probably would qualify for asylum, even under the new, more difficult standard. In the end, though, our country determines the exact standards of who qualifies for asylum, and where a person does not qualify, she will be sent back. In some cases, people who face real harm are returned because they cannot demonstrate a “nexus”. This is harsh, and in my opinion, probably not a good law, but it is how the system works. Take care, Jason
Hello Jason,
Pls,I have some questions. I came in on b1/b2 visa with my child over a year ago and want to file for asylum based on the premises of my fear of persecution suffered as a victim of FGM and now,knowing that I’m having a baby girl,fear of subjecting her to the same fate if sent back to my country.
I’m already on removal proceedings and was arrested once here for which I got 3years deferred adjudication. Would the arrest and deferred adjudication affect my application for asylum? What are my chances of approval for asylum based on the given premises and backed up with proofs? Even though I’ve exceeded the 1year limit for asylum application,does my change in circumstance qualify me to seek asylum? I hope to hear from u soon. Thank u.
The first issue is that it seems you did not file for asylum during your first year here. This could be a problem (but there are exceptions – maybe the birth of your daughter who could face FGM could be an exception) and I wrote about this issue on January 18, 2018. As to your questions, the criminal issue might affect your eligibility for asylum – it depends on he conviction. I cannot know the chances for success without knowing more about the case, but obviously the more evidence you can get, the better your chances. I do think a case of this type in court with a criminal issue can be difficult, and you would do well to find a lawyer to help you. Take care, Jason
The charge was child abandonment and endangerment with intent to return. I entered a guilty plea and was given few years deferred adjudication which I’m undergoing presently. My criminal lawyer told me I could get an early dismissal halfway into it if I fulfil all given condition. There hasn’t been any conviction.
This may still be a serious problem under the immigration law. I think you should have an immigration lawyer research the issue and determine what consequences it may have for your immigration status. Even if there is no conviction, it could still have an effect. Take care, Jason
Hi, thanks you for all your post. I have some questions. I came with student visa ,and i applied for asylum since 2014 and get my interview February 2018 and i am still waiting for the decision. My husband american citizen wants to apply the I-130 for me, We just get married but we live together almost 3 years. I want to known if i have to wait for the decision , or can he apply I-130 for now ,or he has to wait for more time before to apply. Thanks.
Hello, would you mind sharing which office did you have interview at? I applied in 2014 as well and did not have interview yet. Thank you
I applied mine in new york city ,I change my adress to indiana 2016 , I received my case tranfert’s letter January 2018 to Chicago’s office and one week after i received interview date .
Heloo I applied mine in New York city asylum office .i changed my address to indiana 2016 ,received the case transfers’s letter january 2018 one week after i received the interview date and did it February 2018 at Chicago asylum office .
I also applied in 2014 and still don’t have been interviewed. It’s in Arlington, so stressful.
God help us
Assuming you are eligible, which it sounds like you probably are, he can file the I-130 now. You can probably also file for the GC at the same time. I wrote about this issue on August 8, 2018. You might also want to inquire with the asylum office to see whether there is any update with the 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
Thanks you Jason Dzubow for your help.
I applied my asylum at New York city asylum’ office and i did my interview at Chicago’s asylum office
Hello Jason,
Thank you in advance,
I’m gonna change my address, using the Form AR-11, so I have to do it for the main applicant only or I have to change and repeat the process for each petitioner.
Regards,
For each separate case, you need to file an AR-11, so if you have an asylum case, you need to file for the principal applicant, not the dependents. However, if you do not all live together, you might need to inform the asylum office about that – check the instructions to the AR-11. Take care, Jason
Helo sir i have a question when i apply my asylum case my child age is 19 years old and he is already include my case but now his age is 24 years old if my case has been granted. Can my son come to america because now his age is 24 unmarried
If he was under 21 years old and unmarried when you filed for asylum, he can come to the US if you have won (under a law called the Child Status Protection Act). Check the form I-730, available at http://www.uscis.gov, to learn more about that. Take care, Jason
Hi Jason,
I entered the US with an F1 visa in 2013. Applied for asylum in 2014 (without a lawyer) while attending school full time. I graduated in 2015 but did not apply for an OPT-based EAD since I had asylum EAD (and I thought I became out of F1 status just by applying for asylum). Worked for 1.5 years and came back to school for Ph.D. I am wondering if I can regain by F1 status again and terminate my asylum application?
Thanks for your time.
I doubt it. To do that, you would probably have to leave the US and get the F-1 overseas (unless you can convince USCIS to reinstate your status, which will be very difficult, at best). But if you leave while asylum is still pending, the embassy will not give you an F visa, since they do not give such visas to people who are trying to stay permanent in the US. So maybe you could terminate asylum, leave, and try to get an F-1, but it seems unlikely you would easily return. My feeling is that this won’t work, but you never know. You could always talk to a lawyer about the specifics of your case to see whether there might be any options. Take care, Jason
We are pending asylum and I have a son on high school, is he can apply for university scholarship or not
You have to talk to the university. Most universities will allow a person to enroll if they have an EAD. However, most schools also charge out-of-status tuition for people with pending asylum cases (and in-state tuition for people with approved cases). Take care, Jason
Thanks Jason for all you do for us.
Jason my individual hearing comes up in 2020, if I get married to a us citizen do I’ve to wait till 2020 before I can adjust my status in court or I can do it before then? Thanks
You can start the process as soon as you are legally married. I wrote about this issue on August 8, 2018. Take care, Jason
Hey Jason, my master hearing is in a week and I don’t have a lawyer yet , if I go without a lawyer can I ask for more time to get a lawyer. Maybe 3/6 months? I’m confused.
Thanks
It depends on the judge, but if this is the first MCH, the judge will normally allow you time to find a lawyer. Take care, Jason
Dear Jason or forum members,
Whats your experience on the wait period for a decision in the Arlington office? I had my interview 50 days ago and I still havent heard from them. Why I didnt qualify to get the answer in 2 weeks? I am in lawful status as F-1 student. What is your experience?
Thanks a lot
It is slow now. For me been one months and I know others 6-7 months, not Arlington office.
My experience is that it is completely unpredictable. Some people get decisions in two weeks. Others wait many months or years. Most cases these days seem to be resolved within a few months. You can always inquire 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,
Who is an “adjudicating officer”? I searched USCIS website to know about the job description. It says that usually cases which do not need an interview will be assigned to an adjudicating officer. What is your professional knowledge about this?
I do not know – I think it is just the person who makes the decision in the case. Take care, Jason
Hello Jason,
My question also goes on the same way. When I traveled to Chicago lately to speak with a supervisor, I told her that the IO assured both me and my lawyer that he would issue a decision 3 months after interview but the supervisor told me that an AO doesn’t have the power to make such a promise. Does it mean that asylum officers are not involved in the last decision making? Can a supervisor change an interviewing officer’s decision?
The AO cannot make that promise because they have to wait for the decision to be approved by a supervisor. They also may have to wait for background checks. The most the AO can say is that he will complete his part of the process in some period of time, as that is all the AO has control over. Normally, the AO makes the decision and then the supervisor must approve it. Take care, Jason
Hi Jason. Thank you for your great work. I had a question. It is possible for an asylee to request to pay in-state tuition in some of the universities. If the asylee use this option, does it consider as using a benefit? And does it make it more difficult to apply for greencard? (Because of using benefits.)
You can try. It make work for people with asylum, but probably not for people with pending asylum case. I do not see how this would affect your ability to get a GC, as the “public benefit” requirement does not apply to asylees. I wrote about that issue on September 24, 2018. Take care, Jason
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Hi Jason
Regarding the criminal record. I’m a derivative of an asylum case. I’m not sure if I have a criminal record but once once arrested for shoplifting when I was young and paid a fine in court.
Once when I was applying for a job back home I told them about the issue and they said they checked and there is no record. Now I’m scared because I answered no on the i589. What should I do? Obviously it will appear as as I lied. Is there a way to change it before the interview?
You can correct that at the beginning of the interview. It is also ok to say you are not sure about whether you have a record, but it is better to tell them (which probably would not affect the outcome of the case) than to let them think you are trying to hide negative info (which would likely have a bad affect on the case). Also, you might go back to the court or police office where this incident occurred and try to get the records, as that would be helpful to the decision-maker in your case. Take care, Jason
Hello jason hows your weekend going. Please can you confirm if all those interviewed under lifo in recent months are now getting sooner than later master hearing dates?. I got a referral and was told to appear before a judge to explain why i wont be deported. I turned up for the hearing but was told to go my name wasnt on the list no more. Instead was told to come for master hearing in 2020. I see now that those interviewed recently are getting closer court dates. Should i be worried
I have not seen LIFO referral cases being processed more quickly at court (though, supposedly, they want to do that). You can always call 800-898-7180 and enter your Alien number (it is a computer system). Afterward, you can press 1 to learn your next court date and the name of your judge. Take care, Jason
If my asylum case was granted and i include my family in my asylum and how much take time my family come to america..
If you win asylum and file I-730 forms for family members, you can check the processing time for the USCIS piece at http://www.uscis.gov. The processing times at the embassies vary by country and case, so it is difficult to know. Most cases are complete, start to arrival in the US, between maybe a year and 1.5 years, but some cases are faster; others are slower. Take care, Jason
Hi Jason,
Today I checked USCIS website with Z number and see this message,
Fees Were Waived
On October 19, 2018, we received your case and waived the filing fee for your Form I-765, Application for Employment Authorization, Receipt Number Z*****. We mailed you a notice describing how we will process your case. Please follow the instructions in the notice.
Is this a good sign?
Thank you
It means your case got approved.They will mail your approval letter in couple of days.
Are you sure??? Only God knows how stressful is this.
I check here: https://egov.uscis.gov/casestatus
sure like 110% Enjoy and welcome to USA !!!! GOD bless you
How can I chick that pls
Hi every one,
It means your asylum has been granted.
Best of Luck,
Akhan
Hi.
I did not find any references in the USCIS to show that this is approval or denial. I will wait for a couple of days or weeks and update here. Hopefully, it’s not a referral to court.
Some people will say that indicates a case is granted, but I think you need to remain cautious. A lot of what goes on internally is not transparent, and so it is difficult to say. You might try contacting the asylum office directly and asking for an update. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hello Jason. Thank you for all supporting. I just wanted to let you know that I have received an approval letter. For my case checking USCIS status online with Z number worked and if you see the “fees were waived” means you will get approval in a couple of days. Thank you again for your website and always available to answer our questions. God bless you.
Dear Lord, my heart is so grateful for all that You have bestowed me within my life.
Congratulations! Apparently, USCIS will be putting more info on-line for asylum seekers in the coming months, so we won’t have to play this guessing game. Anyway, I am very happy to hear about your good outcome, and welcome to the USA! Jason
Why Jason have you heard something from them about putting information about our cases online?
That is the plan. In fact, a friend of mine happens to be involved in the technical side of things. I heard at a meeting yesterday that they will be testing Info Pass appointments for asylum seekers at the asylum office (hopefully, it will work better than the general Info Pass system). They also will put some info online, which will be nice. My guess is that it will not be much different than what USCIS posts. All this should be starting in the next few months. Take care, Jason
Glad to hear that. I have a Driver License for 2 years. Do you know which documents needed in order to have unrestricted DL in DMV? I have already applied SSN to make it unrestricted. Thank you.
It depends on the office – usually, the EAD, asylum receipts, proof of residency, and maybe the passport, but there could be other documents needed as well – the DMV website should describe the requirements. Take care, Jason
Ho Jason,
Thanks for all the support.
I just want to know what months are interviewing the Arlington office.
I am a pending case since February 2015. And I heard that people who applied in December 2014 are interviewed these days.
Thanks
They are following LIFO and based on the best info I have, they are only interviewing new cases and expedited cases. However, we just got an interview for a case that was filed in December 2014. That client went to expedite on her own, and so I am not sure if she got the interview based on an expedite request or based on the filing date. If I have more info (which I might after next week), I will try to post something here. Take care, Jason
Thanks Jason
Hi Jason,
For EAD renewal, how long do we usually have to wait for a receipt?
Thanks.
Three or four weeks, usually. Take care, Jason
Hello Jason,
Considering below paragraph from USCIS webpage for adjustment of status (https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-7418.html#0-0-0-5803):
” … who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States;”
Are asylum applicants considered as “unlawful immigration status”? Please note I entered the US legally with a F1 visa and applied for asylum in 2014. I have not received any decision yet but interviewed. I am considering to apply for National Interest Waiver program, and wondering if I will be barred from receiving a green card if my NIW application is approved due to my asylum application.
Thank you for your response.
A pending asylum application does not confer lawful status, but it avoids the problem of unlawful presence. I wrote about these concepts on August 28, 2018. But whether you were eligible to get a GC based on NIW, and how you will do that, depends on the specifics of the case. Talk to a lawyer about that to see how it can be done, and make sure the lawyer maps out for you exactly how you will get the GC, and whether you have to go overseas to do that (and I would get that from the lawyer in writing). Take care, Jason
I jason, I have my interview schedule on next month but in 2016 our house that we rented at this time had cough a fire and I lost everything include the proof that I prepared for my interview. how can I do but I have only the report of the rescue fire, dou you think I can use it as a proof?
You can use it as proof, but you should still do your best to gather and submit as much evidence as possible. Good luck, Jason
Hello Jason
I applied for asylum and went to the interview. I am a F1 student, currently on OPT (in status). The interview did not go well, and the officer told me that I should come and pick up the decision in 2 weeks. However, she called me today and said that she would send me a letter instead. I am worried. Looks like a notice of intent to deny. Is the NOID the end of story? Can I rebut it? And if they issue a final refusal, will they deport me to my home country? What should I do?
I wrote about NOIDs on February 21, 2018. Maybe that posting would help. Take care, Jason
I am one of those who had to answer yes about the arrest on I-765 form, and have no evidence because arrest was illegal. It has been a month since i sent my application, and I received a standard receipt letter only. Will keep you posted if I will ever get my work permit. Also, Jason, did you notice that Arlington asylum office is not responding to emails? I moved 2 years ago, and emailed them with change of address request, they responded within a day, and they also confirmed via email that address was updated in their system. I had to move again, and emailed them copy of AR 11, with no response at all. IS that normal practice noways?
Do let us know about the EAD, as we are waiting to see how USCIS treats people with such arrests. As for Arlington, sending them emails is always a bit hit-or-miss. They respond to most of my emails, but not all. Maybe try to email them again. Take care, Jason
You mentioned in one of the previous articles that while in “asylum pending” and employment-based green card processing – one might need to leave the country to get the green card (if out of status).
This is exactly my case, except I have not yet agreed for an employer to start employment-based green card process. They asked me today if it will be alright with my asylum – and I don’t know what to answer.
I’m pretty sure those processes can run in parallel. Is that correct?
And then, if I need to leave the country – I can do it to the third-party country (ex: to Canada) with Canadain Visa and AP as a backup plan (if stars align…)
It is tricky and whether you can actually get a GC based on employment depends on the specifics of your case. For that reason, I recommend you consult with a lawyer before you or the employer start spending money on this process. Make sure the lawyer maps out (preferably in writing) exactly how you will get from where you are now to the GC. However, there is nothing about an asylum case that would block a person from getting a GC based on employment. Take care, Jason
Hello jason ,your site has been immensely helpful.
I wrote last month about getting a recommended approval after I applied for asylum early this year and how my EAD was supposedly delivered but wasnt.
I have now been granted Asylum and I now have my EAD sent with it.
thank you so much for how you’ve have been helping a lot of people like me.
Great news! Thank you for sharing and welcome to the USA! Jason
I always appreciate your hard work and devotion in helping asylum seekers. In fact, I was interviewed 20 months ago on a circuit ride but I never received a decision. I flew to the main office to talk to a supervisor who advised me to make a request for an expedited decision. I gathered all the relevant documents that I submitted . Today, however, my lawyer received a correspondence which says that your expedite request has been forwarded to a supervisor and is under review. Here is now my question, do you think they are trying to scrutinize something or something is wrong with my application or it is just a normal processing time?
I made a misrepresentation in my visa application but I explained to the IO everything though he did not ask me anything in regards to that particular issue. I also remember that at the beginning of the interview, he asked me if I had a birth certificate but I told him that I was born like an animal because I was not born in a hospital and in a village. Besides, in my visa application, I never mentioned that I had been arrested and really a lot. Do you think, from your experience that they made all these serious issues? I am really sick and tired of waiting
There is no way to know. My understanding is that most post-interview delays are related to the security background check, but that is not necessarily the case (I wrote about the types of cases that get sent to headquarters on October 20, 2015). The inconsistencies might cause them to find that you are not credible, but I do not know that they would be a cause for delay. Also, the misrepresentation on the visa is generally not a basis to deny (there is a case about this called Matter of Patel). It sounds like they are considering your expedite request, so hopefully, you will get a good decision soon. Take care, Jason
Desperate, Where is your case pending at? Chicago? I did the same thing; request forwarded to the supervisor but not no news of expedition for 3 months!! Pending a decision for 18 months and filed case 5 years ago. Overall, it is not only you waiting, so this can give you some hope that there are other people in the same situation. Thus, we never meet but we know what we are going through! Good luck.
Hello KULKJ, yes my application is with Chicago office. I do not know if this is just something they tell to whoever asks for an expeditious review but let us just wait and see. As to me, I have been thinking a lot about asylum system and my conclusion was asylum officers are just human beings. If they believe your story , they grant you asylum if they don’t, they will denied your application even if it is legitimate.
KULKJ, Good luck to you too and keep us posted about the outcome of your request
I am in the same boat as you. I had my interview in a circuit ride of Chicago AO over a year ago and I am still waiting for a decision. I am not planning to wait for 20 months though. Once I hit 18 month wait mark, I will start a Mandamus Lawsuit.
Think about this, everything in your life is delayed because of them. Your green card application, you naturalization application, even your dreams of buying an house is delayed because the banks doesn’t give mortgage to a person with a pending asylum.
I agree with you that they are human beings but I hope they thought the same for us and act accordingly. This is just another kind of torture, an emotional torture that exterminates my dreams, hopes and happiness every day. And you know what, the only thing I want is a peaceful life.
Also Chicago here, interview 7 months ago with no reply. It’s ridiculous how many people are pending forever in this office. Are you from middle eastern country? Could be that.
WAITING FOR A DECISION, I could not have said it better. I sometimes wonder if these people have hearts or do sleep at night at all? This drown out process has made me sicker . Could you image that I lost everything while awaiting as well well my minor child. To me, asylum has become useless because even if I won it, I would never be happy again over all these losses. I know that I can never ever go back to my home country but they don’t do anything soon, I will try to go and see God maybe they will decide to grant asylum to my remainder family when I will be gone
I did a post on January 9, 2018 where I talk about the issue of waiting. It may be of interest. Also, do not be afraid to contact a non-profit for help. There are support organizations for asylum seekers. I wrote a posting on September 22, 2016 with links to lists of local non-profits that can assist. Take care, Jason
I know how you feel. I lost everything in my home country (which is a middle eastern country). I can not go back and I can not go to a third country because my home country doesn’t give me a passport. If I had a chance to go back in time, I would definitely go to another country before my passport’s expiration. Technically, I am stuck here and nobody can help.
I am well educated, I am working in a good company and paying my taxes, but I am not as lucky as an ordinary citizen just because I was born in another place. Unfortunately, people doesn’t understand the fact that nobody decides where to be born. I haven’t selected to be in this situation and I never had an intention of getting stuck in this condition.
No matter what happens, I really want a closure. If they reject and refer me to an immigration court, I will be happier. If the immigration court rejects, I will know my future. Right now, I am blindly floating in this immigration nightmare which is not imaginable for a normal citizen by any means. Actually, the problem is the lack of empathy for people like us. There is only a minority of people (like Jason) who empathize how we feel, but the rest is acting like we are lepers in medieval times.
Anyway, Chicago AO will not issue a decision unless they want and thinking about this, writing to them, complaining here will not change anything. Actually, nothing we will do will change anything.
Apr. 2015 my wife filed asylum.
Oct. 2017 we were interviewed and it went flawless.
Still waiting on decision.
How to make sure that they didn’t lose our case?
Is there an option to “expedite” a decision on the case?
TIRED OF WAITING!
You can contact them to inquire about your case. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). If that fails, you might consider a mandamus lawsuit. We wrote about that on October 2, 2018. Take care, Jason
Hi Jason,
one more point to mention, i filed my application June 2014, and i have renewed my EAD 3 times, since then i have been very careful about the time that i have to file my new EAD, every time i filed about 110 to 120 days before the expiration date, but i was fast process the last two times i renewed (1.5 months every time), but the problem is that the new issued card comes out with starting date from the day of production not from the following date of the expiration date for the last EAD Card ( so far i have lost 5 months of Valid working authorization), and i don’t think they do the opposite way ( if their process take more than the regular time frame), so my question is this problem is a common issue that you have seen before or it’s just an error from USCIS that we can claim so we can have extra working days.
and also have you seen any new EAD application for asylum Seeker getting rejected due to non criminal arrest ( like you mentioned most of asylum seekers were arrested back home due to some peaceful demonstration that they attended ) ?
I do not know there is much you can do about the EAD issue. You could apply later (given that you get the 6-month automatic extension), but that might risk a gap in your employment eligibility. As for rejected EADs, I think it is too soon to know. I am not sure what the basis would be to reject an EAD based on a criminal issue. USCIS has discretion to grant an EAD or not, so I suppose they could deny as a matter of discretion, but I have seen no policy about that. Take care, Jason
8 CFR 208.7 makes asylum seekers ineligible for employment authorization if they’re aggravated felons, so I guess the arrest question is targeted only at asylum seekers to find out if they’re aggravated felons. It’s still a ridiculously over-inclusive and time-wasting way of doing it.
While I suppose granting asylum applicants EADs is “discretionary” in the sense that it’s not required by statute, 8 CFR 208.7’s language is mandatory: asylum applicants “*shall* be eligible pursuant to §§ 274a.12(c)(8) and 274a.13(a) of this chapter to request employment authorization” after 150 days have passed or asylum approval has been recommended. DHS could theoretically change that regulation at will, but they would at least have to put the change in the Federal Register, and I think they’d have to do formal notice-and-comment under the Administrative Procedure Act too.
Thank you for that – It always pays to check the regs. Take care, Jason
Hi Jason, thank you for everything. Please I have a question, if I am referred to immigration judge can I use my EAD to go to Canada and apply for asylum? Thanks
The EAD for asylum pending is not a travel document. You would need to use your passport or some other document. We wrote something about this issue on March 31, 2016. Take care, Jason
Dear Jason,
Thank you so much for posting this article; it is very helpful.
I am applying for my first EAD soon and I am currently preparing the materials. On the part 3.B of the Required Documentation section from the i-765, it says ” If you were not previously issued an EAD, you must submit a copy of a government-issued identity document (such as a passport) showing your picture, name, and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint. ”
Does it mean I would need to provide all of the documents listed above, or only one (such as passport front page) would suffice?
Thank you for your time and help.
Sincerely,
Alim
We just submit the passport copy – biography page, US visa page, and I-94 (if available). There is no harm in submitting more documents, but generally, we do not do that. Take care, Jason
Dear Jason,
Thank you for your response and I appreciate the suggestion.
I last entered the U.S. with an F-1 student Visa, but the CBP officer who processed me did not write ” F1 D/S” on the stamp. Also, my application was received by the USCIS on May 21, 2018. However, my study program ended on May 19, 2018.
Did I accumulate illegal presence in that one-day gap? Would it have any bad effect on my EAD application or asylum case decision? (I had my interview at the Arlington Office mid July 2018)
Thank you for your help in advance!
Alim
Unlawful presence only affects a person if it is 6 month or more, and if they leave the US, so there is no issue. This would not affect an asylum case. Take care, Jason
Dear Jason,
Thank you always for your help.
Still on the same subject, is it a requirement for couples to include a marriage certificate in the EAD application? Is sworn ‘affidavit of age declaration’ suffice in place of birth certificate?
Looking forward to your insightful guide.
I think you can do without either of those. If we do not have a birth certificate, we do not send anything in its place. I suppose you could send that, or if you do not and they need some evidence of birth (besides the passport), they can ask you for it. Take care, Jason
Hi. I granted Asylum by immigration court. My one year time to apply for GC is near by. At the time to apply green card i also want to apply for Refugee Travel Document. My Questions are: 1. RTA will be for one year or two? 2. On RTA i can travel in any country except my home or only one who i mentioned in RTA application?
Pls can you kindly share your time line . Please and how long did it take between the master and individual hearing.
Thanks so much.
1 – One year. 2 – You can travel anywhere that will accept the RTD in lieu of a passport. You may want to check with the country’s embassy before you travel to make sure they will accept the RTD. Take care, Jason
Hello Jason,
Does the asylum office request the inter-pol help? I know the answer is “yes” in general for checking the background. But my question today, do they request a detailed report for a specific incident that was included in the asylum letter of statememt?
I do not know, but I suppose they could. If this incident is good for your case, you should try to get the evidence independently, as there is no guarantee the asylum office will get it. If the incident is bad for your case, you should assume that they will know about it, and craft a response (in your affidavit and evidence) to explain the situation and hopefully mitigate any problems. Take care, Jason
Hello Jason ,
Thanks for all you do because your even give vital information than most of our attorneys.
I had my interview two weeks ago and went for the decision yesterday but unfortunately it was referred to court for December.
I’m worried as about how the court case is gonna turn out because my attorney keeps telling me everything is alright and not giving any cogent response but my BF is a citizen and we don’t mind getting married as soon as possible but I really do not know how to go about it and if it’s advisable . Pls kindly help me out of this colondrum.
Thanks in anticipation.
If you want to get married, that may provide a path to a GC. I wrote about that on August 8, 2018. As for the lawyer, if you do not have confidence in that lawyer, it is your absolute right to find a new lawyer. You should have someone you trust and who is competent to get you through the process. Take care, Jason
Haha, you shouldn’t worry too much. I had my interview in Chicago a year ago and I haven’t received a decision yet. Also, all inquiries ended up with “your case is pending in our office” reply.
It seems Chicago office is really slow on some decisions. Are you from a Middle eastern country?
What Happens if My Child Turns 21 Years Old After I Have Filed My Asylum Application?
As long as the child was under 21 and unmarried when you filed for asylum, he/she is still part of the case, even after turning 21. It is a law called the Child Status Protection Act. Take care, Jason
Congratulations…but which office did you file?
Hi Jason, thank you for all you do. I did apply for asylum based greencard. I didnt attach my birth certificate but gave explanation that i didnt have it in person. Its back in my Home country. Will they denied my application?
I do not think they would deny for that reason. However, they might request more evidence about your birth. Based on your email, I assume you were, in fact, born, but USCIS seems to want extra evidence about this. Hopefully, they will not ask, but they might. Take care, Jason
Hi Jason,
For question 65 on the form I-485, if you didn’t disclose your intention to apply for asylum to the immigration officer at the airport, should you answer “yes” to question 65, even if you applied nearly 1 year later?
Sorry, I can’t answer specific questions about the form, as I am not familiar with your case. If the answer is not “yes” or “no”, you might circle the question and write “see cover letter”. In the cover letter, you can provide an explanation. As long as USCIS cannot accuse you of lying when you respond to that question, you should be fine. Take care, Jason
Thanks, Jason
Let’s not forget the draconian unlawful presence memo for student visas. USCIS now wants to punish people with 3 or 10 year bars of admissibility for even the slightest status violations even when the students were not aware of the violation! This clearly goes much further beyond the original intent of those bars which was to disincentive people from staying in the country illegally. Punishing legal immigrants for status violations in such a manner is clearly rooted in a systematic effort to prevent as many people as possible from immigrating here.
Do you think that, if the next administration has a less adversarial attitude to immigration, there is a hope of these policies being reversed (or at least ameliorated)? Or will this be the state of the immigration in the United States for the next few decades?
This one certainly also qualifies for the list. As for our immigration policies, I do not know. I tend to be a pessimist about these things, and I expect it will be some time before these policies will be improved. Also, given the continuing refugee crisis, and the fact that things will likely get much worse with climate change, I am not optimistic we will have a more immigrant-friendly system any time soon. We shall see. Take care, Jason
Just want to correct and comment on (1)…
It is actually inaccurate as (c)(35) and (c)(36) i.e. EADs based on pending I-140 who are facing compelling circumstances (and their dependents) are also required to list any arrests/convictions.
It’s NOT only limited to asylum pending EAD (c)(8). Also for DACA applicants they have to list as well on their DACA application submitted along with I-765 (and thus adjudicated together or I-765 is dependent on the grant of DACA status which considers prior arrest).
The asylum pending applicants themselves often have no prior applications adjudicated already in USCIS which forms a basis for I-765. USCIS might have to look into asylum applications themselves to find arrest record which requires asylum office’s assistance thus might delay processing of initial EADs beyond 30 days.
Also grant of EAD is not mandatory for asylum pending applicants thus I personally don’t see problems with this practice.
You make some good points, but I still think the practice is dumb. If a criminal files for a GC based on marriage, she will get the EAD in the period prior to case being adjudicated, even if the GC is ultimately denied. So there is no real logic to singling out asylum seekers. Also, asylum seekers are the people most likely to have “political” arrests, and thus face delay in the EAD process for the exact reason that they are fleeing persecution. Also, it is a solution without a problem, since very few asylum seekers have arrests for “real” crimes. Take care, Jason
Thanks Jason for your work. i got my Green card through my daughter marrying a Citizen and becoming a citizen. Now can I file for my 2nd daughter, how long is the procedure?
You can Google “DOS visa bulletin” for the categories of people who can file for relatives, and the waiting times. Take care, Jason
Ironically I had just filed for renewal EAD and noticed the prior arrest questions which concerned me a little. Now that you mention that it is only for Asylum seeker it is even more worrisome. I paid USCIS the fee, but they denied my application because I was granted asylum. I think the answer is NO, but would it be possible to get a refund from USCIS for that fee? Seems kind of unfair since it was not an error from my end my EAD was about to expire and they take 3+ months to issue a new one.
You are probably better off spending your time selling potatoes in the market. It may be possible to get a refund, but I doubt it is worth the effort, and I have never seen it done. If you try, let us know what happens. Take care, Jason
Hi Jason. Thank you for all your post and responding to some of my concerns. I wanted to let you know my asylum petition was approved last week! Your articles kept me positive in these tough times. Keep up the good work.
Hi,
Could you please share your timeline? Which office did you interview in? I inviwed a month ago in Boston and havent received anything yet 😞
I have the same position here my interview was in Chicago 60 days ago but they didn’t answers me yet 😩😩
Thank you for letting me know, and welcome to the USA! Jason