USCIS recently modified the form I-765, Application for Employment Authorization. The new form, question 30, requires asylum seekers to disclose whether they “have… EVER been arrested for and/or convicted of any crime.” What is the purpose of this question? What if you have been arrested or convicted of a crime? Can you still get an Employment Authorization Document (“EAD”)?
First, this question applies to asylum seekers, whose EAD is based on category c-8. People with asylum, and most others, are not asked about their arrest history when they request an EAD.
Under 8 C.F.R. § 208.7(a)(1), “an applicant for asylum who is not an aggravated felon shall be eligible” for an EAD. This clearly refers to people who have been convicted of an “aggravated felony,” but it presumably also refers to people who admit to having committed an aggravated felony, even if they have not been convicted. The purpose of the question, then, is to determine whether you are an “aggravated felon” (convicted or not) and if so, to deny you an EAD.
So what is an aggravated felony? The term is defined in INA § 101(a)(43), which lists all sorts of crimes that are aggravated felonies. Some of the behavior is quite bad (murder, rape); other behavior seems less severe (passing a bad check, certain illegal gambling offenses). In some cases, a conviction is required. For example, a “theft offense” is an aggravated felony only if the term of imprisonment is at least one year. In other cases, a conviction is not required: If you committed the bad act, you are an aggravated felon.
On first glance, then, it may seem easy to determine whether someone is an aggravated felon: Just compare the person’s offense with the crimes listed in INA § 101(a)(43). Unfortunately, things are not nearly so simple. Indeed, there is a whole sub-specialty of law–dubbed with the clever portmanteau “Crimmigration”–devoted to analyzing how a criminal offense interacts with the immigration law. The problem is compounded by the fact that criminal laws vary significantly by state and by country, and that we have precious little guidance from the Board of Immigration Appeals or the federal courts. In short, the analysis of whether a particular crime is an aggravated felony can be very complicated and often involves more guess work than seems appropriate for a country where the rule of law is (supposedly) paramount. According to the I-765 instructions, “USCIS will make the determination as to whether your convictions meet the definition of aggravated felony.” Given the complexity of the analysis in some cases, my guess is that USCIS will not always get it right.
All this means that any person who checks the “yes” box for question 30 should be prepared for trouble. Depending on the situation, that trouble could range from delay to outright denial of the EAD.
Who needs to check “yes” for question 30? According to the form itself, you must check “yes” if you were arrested for, or convicted of, any crime (according to the instructions, p. 8, “minor” traffic offenses do not require you to check “yes,” but more serious offenses, including alcohol- or drug-related offenses require a “yes”). What if you were arrested, but it was not for a crime? As I read the form, you could get away with checking “no”. However, the I-765 instructions are a bit different. They read, “For initial and renewal applications, you are required to submit evidence of any arrests and/or convictions.” Thus, even if you were arrested for a political reason (i.e., not a crime), you would have to check “yes”. How to resolve the conflict between the form and the instructions? I do not know. For my clients, I would probably check “no” if the arrest was not for a crime, but I would circle the question on the form and write “see cover letter.” I would then provide an explanation in the cover letter. I would also provide some evidence about the arrest. My concern is that USCIS will accuse the client of lying about an arrest (for a crime or otherwise) and that this would create problems down the line. By providing an explanation, I am trying to protect the client from this danger.
So what happens if you must check “yes” on the I-765 form? First, you will need to get some evidence of the arrest. For a criminal arrest (especially in the U.S.), this would normally consist of the arrest record and the court disposition (the final outcome of the case). Court documents should be certified by the clerk. To get such documents in this country, you would normally contact the court where the case was heard, and ask the clerk for a certified copy of the case. Obtaining such records from overseas will likely be more challenging.
What about for political arrests? USCIS does not provide guidance here, but presumably, you have to get what you can: Court and police documents, lawyer documents, letters from witnesses. Sometimes, people are arrested for a crime, but the arrest is politically motivated. How USCIS will handle such cases, we do not know. But if this is your situation, you would want as much evidence as possible to show that the arrest was pretextual. Maybe letters from people familiar with the case, country condition information (explaining, for example, that the government falsely charges political opponents with crimes) or expert reports would help.
What if the police stopped you, but did not actually arrest you? What about an illegal detention where you were not charged with any crime? Again, it is unclear what to do. Depending on the situation, you could potentially answer “no” to question 30, but I think you need to be careful, as you do not want to be accused later of failing to disclose an arrest. Provide an explanation, and talk to a lawyer if you need help.
Even where a person has an arrest or conviction that is not an aggravated felony, USCIS could potentially deny the EAD. The I-765 instructions note, “USCIS may, in its discretion, deny your application if you have been arrested and/or convicted of any crime.” Thus, even if your arrest or conviction (or admission of a crime) is not an aggravated felony, USCIS could deny the EAD. Presumably, this denial would be based on the discretionary language of INA 208(d)(2) (“An applicant for asylum is not entitled to employment authorization, but such authorization may be provided under regulation by the Attorney General”). This language is somewhat in conflict with the implementing regulation, 8 C.F.R. § 208.7(a)(1), which states that “an applicant for asylum who is not an aggravated felon shall be eligible” for an EAD. How this conflict would ever play out in a lawsuit, I do not know, but my guess is that if USCIS denies an EAD as a matter of discretion, it will be difficult to reverse that decision.
Finally, what if you are denied an EAD due to an arrest or conviction? Potentially, this is a decision that can be appealed (using form I-290B). However, a discretionary denial is unlikely to be reversed (since USCIS has discretion to do as it pleases, within limits), and given the complicated legal analysis associated with some aggravated felony determinations, an appeal of that issue might be difficult (and would likely require help from a lawyer). Given that an appeal is expensive (a whopping $675.00 for the DHS fee), it probably makes sense to consult with a lawyer about whether there is any chance for success.
The big question in my mind is how USCIS will implement this change. What will they do with political arrests? Will they deny EADs for small matters, in the exercise of discretion? For people with arrests, will the EAD be delayed, and for how long? All this remains to be seen. For people with any sort of arrest, I do think it will be important to get court records and certified dispositions (final results) for all arrests. I also think it would be important to present a legal argument in cases where the EAD could be denied as an aggravated felony or as a matter of discretion. In short, if you have to check “yes” on question 30, it is probably best to consult with an attorney to help you present your application for an EAD. This is an unfortunate expense for asylum seekers, who are probably already overburdened, but if you need a work permit, it is probably money well spent.
Hello Jason, thank you for your great efforts.
I have been waiting for the decision after the interview in Chicago for five months now. I want to send an email to the asylum office to inquire about the case, do you personally recommend that?
Is there any certain cliché that I should use when contacting the asylum office for inquiries?
For what it’s worth, I applied for political asylum and I am from Syria.
Syrian cases seem to take longer than most, but you can email them to inquire. Make sure the email includes your name, Alien number, date of birth, country, and date of interview, and then just politely ask for an update on the case status. Take care, Jason
How long does it usually take for Syrians to get a decision after the interview?
Unfortunately, there is no “usual”. Many (but not all) Syrian cases are delayed, though, and the delays could be many months or even years. If there is no decision after maybe 90 days, email them and inquire about the case. Take care, Jason
Hi jason-
I have a question i came to US on November 2015- so upon arrival some of my friend got their i-94 on airport
But they did not issues me one!
I have a pending asylum I haven’t faced any problems just out of curiosity want to know!
And other question its been more then three years i have been waiting usually people within 2-3 years they used get their interviews- do u think my interview is coming soon!?
And last question now we can check our status i have same friend we both applied for a sylum in same week her status says “ your next step is interview in your application “ but mine says “ your application within USCIS is pending” what these two messages means?
I really appreciate if you can answer all above questions one by one thanks
You can Google “I-94 locator” and you should find a web page where you can get your I-94. As for the wait times, they are not predictable and it depends on your office. Many people are waiting more than 3 years, with no end in sight. You can try to expedite if you have a reason – I wrote about that on March 30, 2017. As for the status, I do not know why there are two different messages for this – they basically mean the same thing. I would not worry about that, though, as the important things is that the case is still pending and in their system. Take care, Jason
Thank you for your reply
I expedited last year it was rejected and i applied in Virginia –
Can i expedited one more time? Despite it was being rejected!
Or do u know about Virginia backlog pending case – its been more then three years How long do u expect i might wait? Im from Afghanistan
I would appreciate ur reply
You can try again, but you should have a new reason, or at least new evidence about the reason to expedite. The backlog is moving very slowly, at best. They are doing oldest cases first (but only when they have extra time after interviewing newly-filed cases), and they are currently working on cases from late 2014/early 2015. Take care, Jason
Thank you for your reply
I expedited last year it was rejected and i applied in Virginia –
Can i expedited one more time? Despite it was being rejected!
Or do u know about Virginia backlog pending case – its been more then three years How long do u expect i might wait? Im from Afghanistan
I would appreciate ur reply
Jason,
I had my interview in Chicago end of February and was asked to come back for the decision. Once i did, i was being told that they are sending me to court because of the one year deadline issue. I applied in March, 2015 and came in US late June, 2013. I had an attorney with me and i explained that I didn’t know that i could apply for asylum when i came as i was in so much mental pain that i needed time to recoup myself for being tortured and left on the street in my home country. I had affidavit from my therapist providing information about my condition and the fact that i suffer from PTSD but unfortunately it seems like it didn’t matter to them. On the notice to appear, there is a date of May, 10 so i wonder is that the actual date of the MCH ? I’m in a big disbelief and can’t seem to wrap my head around the fact they are referring me to court. Is the process in court much longer and what’s the average time it takes to schedule individual hearing? My attorney said she was not sure which hearing is this one, but believes that it’s just the initial one. Is that how usually works? Thank you Jason.
Hi, did you expedite your case?
thank you
I did expedite my case and my attorney submitted cover letter explaining my mental state and the fact that i was waiting for a very long time. I got the interview scheduled 4 days after we submitted the expedition request. It was scheduled for January 27th i believe and then the office closed that day because of the weather here so they again rescheduled me for end of February. Hope this helps!
Sorry to hear this – one-year bar referrals are pretty common in some office, but they are fairly rare in Chicago, at least according to the data I saw (I am working on a blog post about this issue, but it probably won’t go up for a few weeks). I did a post about what happens when the case is denied on March 7, 2018, maybe that would help. The first hearing is always the Master Calendar Hearing, which is mostly a scheduling conference and usually only takes a few minutes (though you might wait for hours for your turn with the judge). The second hearing is usually the trial. Wait times vary a lot depending on the court and the judge, but most cases these days seem to be resolved in 1 or 2 years. Also, it is often possible to overcome the one-year bar in court, or to get other, lesser relief such as Withholding of Removal, even if the asylum office rejected the case, so there is certainly still hope for a better outcome. As for the date, that often changes – if that happens, they will mail you or the lawyer a new date. Also, you can call 800-898-7180 and get an update from the court. Good luck, Jason
Thank you, Jason.
I was just entered into the system today and spoke with my attorney regarding the date and the process. She said that on the notice of appear is stated that the asylum officer found my fear credible and the decision was made after the officer found my fear of persecution credible. My attorney thinks that we can argue only on the one year deadline issue and try to overcome that in court, and that way we can ask for one hour block instead of the standard 4 hour blocks. What do you think? I know you are very very knowledgeable and i guess I’m reassuring myself that my attorney is doing everything she can. What is your experience with the one year issue? I don’t really have a big reason except that I didn’t know for the opportunity to apply for asylum which i know is not an excuse at all.
Thank you.
The court case will be “de novo”, which basically means the judge will hear the entire case again. That includes a new review of the one year bar issue, but also a review of the claim for asylum. You have to present both claims (and any other claims you might have). You and the lawyer need to think about how to overcome the one-year bar. The fact that you did not know about it is understandable, but it probably will not allow you to overcome that issue. I wrote about that issue on January 18, 2018 – maybe that post would give you some ideas. If you cannot overcome the one-year bar, you can still get Withholding of Removal or Torture Convention relief, but these are not as good as asylum. But to get those, or asylum, you still need to show that you face potential persecution in your country. Take care, Jason
Hey Jason ,
I would like to take this moment to thank you so much for your time ,compassion and professionalism for the asylum community .I have been reading your blog silently since 2015 ,this blog was my guide in everything .My asylum was granted on March 2019 ,interview was done March 18 and I applied in 2015 in chicago .I would like to send love to everyone who is still waiting and those who keep contributing to this blog be blessed .I have 2 questions though .
1 .my case was granted while I had already applied for my work permit renewal so will I wait for it or there is another one that I will apply for?
2.To apply for the unrestricted social security they keep the old one(the social security administration )or you stay with both ?
Thank you so much .
Congratulations! As to the questions: 1 – You should automatically get a new card based on asylum granted (category a-5). Sometimes, this takes several months, so in the mean time, you can use the renewal receipt (which extends the old c-8 EAD card) or the c-8 EAD if you receive it. You are technically eligible to work with just the asylum grant and the I-94, but many employers don’t understand that, so it is better to have the c-8 EAD for now. 2 – I do not know, but you should have the same number. Take care, Jason
Hey Jason,
Do you have any view on this issue?
There is a USCIS online tool for case processing times.
https://egov.uscis.gov/processing-times/
I have a pending I485 at the Texas office. When I checked the processing time related to Asylum applicant it was July 15, 2017 yesterday. When I checked it today it says Feb 17, 2017. How can it move backwards? Their portal is so messed up that we cannot consider it to be a source of truth now. This is really frustrating. Maybe you can point them out about this issue.
Thanks
I’m in the same boat . Also i485 also in Texas . Checked the processing time and got so mad . It’s not the first time they done it. When did you apply?
I did apply on Aug 2018. What about you?
March 2018 first was in Nebraska then in July got transferred to Texas.
So again its the same thing with this USCIS website. Yesterday the date for processing i485 for Texas Service Center was at march 06, 2017. Now today it moved back to July, 2016. This thing is a freaking joke.
I think the processing time for forms is generally correct, but not always. The formulas they use to determine processing times are a mystery to me, though. We had a meeting yesterday with the local asylum office, and one thing that was clear, the online stuff is difficult. For me, I use the processing times as a general guideline, but recognize that they are not always correct. Unfortunately, this is basically everything related to immigration – we have some idea about how things work and when, but there is little predictability. Take care, Jason
Thanks for the response. But the question now is when can we create a SR to USCIS indicating that the case is outside normal processing time for I485? If we depend on the USCIS processing time website then we might be waiting longer based on the time of their form processing as it is going backward instead of forward.
The processing times might change, but if you are currently outside the processing times, you might try a service request (though I think they want you to wait until you are at least 90 days outside the processing time). Take care, Jason
Dear Jason,
I have recently submitted form i-765 for EAD renewal and a confirmation mail was received a few weeks ago. As I heard, the renewal process takes at least 3-4 months and I would like to ask you if there is any way to expedite and make this duration shorter. I have recently applied for a job which requires to have an EAD that has to be valid for at least 6 months. Looking forward to read your comment about this issue.
Thanks
You can send a letter asking to expedite, but I doubt that would help (it should not hurt). If you have the receipt, it automatically extends the old EAD by 180 days – maybe that would help with the employer. Take care, Jason
Dear Jason, Thank you very much for your response and the information you have provided to my question. I highly appreciate it.
Hi dear Jason and friends.
I mailed I 765documents(including payments) for renewal of my EAD in December and uscis received it on Dec 12. Today it was 99th day since it was received and uscis changed case status from “ case was received “ to “ name was updated. I googled it couldn’t find any specific answer related to I 765. I hope you guys will share your experience with me.
Best
I don’t put a lot of stock in their case status updates. To me, that just means that the case is pending and that they are working on it. We are seeing renewals take 6 or 7 months in some cases, though most seem to be faster than that. Take care, Jason
Thanks for the reply Jason and You are right, the app says” new card is being produced “.
Best
I applied for my renewal end of december, and received the card on the 6th of this month , approximately 2 months. I will actually loose 2 months of employment because my current EAD expires in May.I hope you receive yours soon.I was worried sick too. All the best.
Hi Jason,
Over the past few years you have been a great help for me and my family. You have answered all of our questions. Thanks a lot! With God’s will and your support, my asylum application was approved almost a year ago. Now, we are in the process of applying for a Green Card. Do you think that we need a lawyer to file a Green Card application?
Thank you and have a great day!
Kalu
Thank you. It’s up to you whether you use a lawyer. You have to be careful to make sure your I-485 is consistent with your asylum form and asylum case (for example, mentioning any arrests, even political arrests and listing membership in all organizations). I did a post on November 13, 2017 that might help. Take care, Jason
Jason,
Thank you for your quick answer. I will read your November 2017 post and see how I should move forward.
Thanks again,
Kalu
Hi Jason,
Recently I got an INFO pass appointment at a local office. The officer looked at his computer and said that given we are not processing this specific form (i- 730) I can not help you with that. Do you think he is righteous with his response? If it were the case, then why they approved my INFO pass appointment at the time of request?
Later, I checked that this specific form is only processed in TSC and Nebraska service center. Then no local office can process it?
It is a strange answer from him – why can’t he check the system to see the status of the case? Maybe you can try to call USCIS (the number can be found at http://www.uscis.gov) to inquire about the case. Take care, Jason
Hey Jason,
Hope you doing great, I have question. My asylum application is pending in NY Asylum office since 2015.
Last time my EAD was renewed for 2 years and now it is expiring on Jun 25,2019. So when should I apply for renew? Looking for your response please.
Best
Manny
You can apply up to 180 days before it expires, so you can apply now. Take care, Jason
Jason, I have applied for EAD after I checked case status online and case has been pending for 150days sharp, I applied on that day.
Should I have waited one more day? Is it gonna be rejected?
I received this email from USCIS one day ago:
“Your case has been accepted and routed to the USCIS Texas Service Center for processing. Within 7-10 days by standard mail you will receive your official Receipt Notice (Form I-797) with your Receipt Number SRCxxxxxxxxxx. “
It sounds like you are fine. Processing times these days seem to be one or two months, but some cases take longer. Take care, Jason
Hi Jason,
Now my case is referred to immigration court and under removal proceedings. Can my sister who is a us citizen apply for my adjustment of status ?
Thanks
Sam
She can file an I-130 petition for you, but the waiting time is 14+ years, and so it is probably not going to help you. Also, you would most likely need to leave the US to take advantage of the petition. Maybe it is worthwhile to have that pending as a backup plan, but it is unlikely to do you much good in the current court case. Take care, Jason
I checked my application status online today and it change from “My next is an in person interview” to “Application is pending”. Does this mean anything or is it just a glitch in their system and it will return to the original notice?
P.S. I’m still waiting for an interview since 2017.
Mine changed too from next step …to application pending. I’m waiting from 2015.
I really do not know – I have never seen an announcement about the meaning of the different messages. In common English, the two statements mean basically the same thing (the case is pending and you are waiting for an interview). Why there should be two different messages, I do not know. Take care, Jason
After waiting for 14 months after their interview, my family’s follow to join asylee visa was approved. Once stuck in administrative processing, it is hard to predict how long it will take for the process to be complete. But do not despair as it usually sort itself out and your family will reunite with you eventually. My family’s case from the moment i applied for i730 to the moment they arrived here took 2 years. So be patient. I wish all of you success. Thank you Jason for all the advice and resources you provide.
2 years😔😔😔ooh no!! That must be a long wait. Congrats to you and welcome to your family.
I tried expediting my husband’s i730, it’s been a month now no response. I filed in September 2018. I pray they get to my file.
Hi Jason,
I came to the us with b2 visa changed my status to f1. after 8 moths of change status applied for asylum. I knew that i have problem in my country and wrote that in my asylum declaration . Would the change of status hurt my asylum case during interview?( i had political issue in my country and also convert from islam to christianity since came to the us)
Best regards
You may be asked to explain why you changed to F-1 instead of filing for asylum immediately, but that should be easy enough to explain, and I doubt it will cause you a problem. Also, assuming you filed for asylum within a year of arrival or while you were still in valid F status, you are not subject to the one-year bar and you should be fine. Take care, Jason
Hello Jason,
I have pending asylum case in immigration court and waiting for finall hearing which is set for 2021. I came in the us with B2 visa and applied for asylum. Recently, I marriged to my wife who is us citizen. We want to apply for AOS, but the problem is that I am in removal proceeding and can not file i485 with i130. I don’t want to wait until my individual hearing to adjust my status. I have already read your post about the process in the court, but my question is that does the IJ and DHS attorney accept to terminate my proceeding before my final hearing? a lawyer told me these days they would not agree to terminate the proceeding eventhough your i130 has been approved. Can you handle such a case in california? I would pay all travel expenses. to be honest I cant trust lawyers in LA area because everyone tells different story which made me more confused.
Thanks
What we are seeing lately is that DHS only agrees to terminate a case if the I-130 is approved and you pay the I-485 fee (the problem is that you may end up paying the I-485 fee two times, since the payment procedure is different for people in court, and USCIS does not always accept the receipt for a case where the fee was paid in court). This may be an issue specific to our local office, but I do not know. In any event, you should be able to terminate once the I-130 is approved. Given the time frame at USCIS, it may actually be faster to get the I-130 approved and then process the I-485 through the court, but that would depend on when the I-130 is approved. As for me, it is usually better (and cheaper) to have a local lawyer, but if you want to do a consult about this, you can email me at jdzubow@dzubowlaw.com. Take care, Jason
Hi Jason,
I am on F-1 visa status from Iran. I have been in the US for the last 5 years. I got married with an asylum seeker here in the US (Legally certified). At the time of marriage, she was pending asylum. After a year from marriage, her asylum was accepted. Then, she filed I-730 form for me ( When she filed I-730 for me, It was 3.5 years of my stay in the US). Now, If I-730 is not approved, Can I apply for asylum myself? What about 1 Year deadline ( because it will be almost 5 years that I am in the US)? Do you think If I apply for asylum USCIS would cause me trouble for 1 year deadline?
If the marriage is lawful, then the I-730 should be approved. If it is denied for some reason, you can file for asylum and use your F-1 status and the pending I-730 as an excuse for why you did not file within one year. Eventually, your wife will become a US citizen, and at that point, she can file for you for a GC (even if you have your own pending asylum case). My guess is that the I-730 will be approved, though, and you should be fine. Take care, Jason
Hi Jason,
Hope your doing good!!
I need your suggestion on this.
I applied my first EAD along with my wife and son ,now I received the receipt for my wife and son . But not for me am the primary applicant in my case ,what should I do in this scenario. please help me.
Thanks in advance.
Vj, I guess you should wait for your receipt? This is perfectly normal.
It can take 4 or 5 weeks to get the receipt, and often different family members’ cases go at different speeds, so probably if you wait a bit, you will get the receipt. If not, you can try calling USCIS to ask about the case (you can find the number at http://www.uscis.gov). If nothing else works, you can file a new I-765 with an explanation about how you filed previously, but that you did not get a receipt. If possible, send it by certified mail, so you can tell whether it has been received. Take care, Jason
Hey Jason,
I am an Iranian student on F1 status. I intend to apply for asylum within the next few months (I have recently converted to another religion and I am considered an apostate in Iran). To maintain my F1 status, I must keep a valid passport, and I need to renew my passport from the Iranian consulate in DC (I will mail them the documents and they will mail me the passport). Would it cause any troubles for me in the future, if I renew my passport prior to the asylum application?
Thank you for your time.
Just to clarify, it will probably be 6-7 months after the renewal of my passport before I file an asylum application. I will not be traveling anywhere with the passport, and I only want it to keep my immigration status valid.
I have had people do this, and it has been fine. As long as you are prepared to explain why you renewed the passport, I doubt it will have any negative effect. Take care, Jason
Hi Jason
Its nice article especailly the confusion between the form and the instruction, I have this issue after my case been referred to the court I got a call-in letter from ICE where I placed under ISAP, the officer told me technically you have been arrested and released for overstaying your visa, when I renewed my EAD I answered NO to this question since my arrest is related to a civil immigration violation and not a crime and this is my lawyer recommendation too, but I am little bit worry, I just file recently so I don’t know how uscis will view these kind of sistuation
Hi Jason
Its nice article especailly the confusion between the form and the instruction, I have this issue after my case been referred to the court I got a call-in letter from ICE where I placed under ISAP, the officer told me technically you have been arrested and released for overstaying your visa, when I renewed my EAD I answered NO to this question since my arrest is related to a civil immigration violation and not a crime and this is my lawyer recommendation too, but I am little bit worry, I just file recently so I don’t how uscis will view these kind of sistuation
I think this is probably safe. Maybe if you wanted to be extra-safe, you would check “no”, circle the question, and provide an explanation in the cover letter. Since it is already filed, you can provide more info if they ask. But my guess is that this is fine; it is clearly not a criminal arrest or an aggravated felony, and I think you have a good explanation for why you just checked no. Take care. Jason
Hi Jason than you for your amazing information I have a question
Did USCIS recognize third country marriage while you can not back to your original country , if yes ,what we need to do in the third country.?
Thank you
They should, as long as you have the marriage certificate. We have never had a problem with that for any of our clients. Take care, Jason
Hi Jason,
Let is assume that USCIS deny an I-730 form for someone who is in the US ( this person is legally married to asylee before asylum approved). Can this person apply for asylum independently?
The person can apply, but be aware of the one-year filing deadline. Take care, Jason
Hi Jason,
I possess an unexpired passport form a country I fled (never reviewed It)
Traveling with a RTD or Reentry Permit is such a hassle since the first one is valid for only a year and the second one is not accepted in a lot of parts of the world even for visa stamping.
Is that a bad idea to use a national passport for a LPR in asylum based?
If so, is there any documentation on USCIS website? I found a lot for people who just have asylee status, but not for LPR.
Thank you
It is better to use the RTD, but I have many clients who use the passport. Whether this is a problem may depend on the case (did you fear your government or a group in your country that the government could not control?). Also, make sure to indicate on any USCIS forms that you used your passport, if asked. Overall, though, if you can stick with the RTD, that is safest. Take care, Jason
KEVIN, the US government doesn’t want you to travel with your government passport, though it’s entirely up to you if you want to risk travelling with your passport. The main reason the US government doesn’t want you to travel with your government’s passport, even if you have adjusted status, is because you could be accused of availing yourself of the protection of the government of the country from which you fled/fear persecution. This is independent of whether you fear the government or the private citizens of your country (at least in theory). What this means in layman’s terms, if I am not mistaken, is that, in the event that you travel overseas on your government’s passport, and there is an emergency overseas while you are on your trip, you would have essentially availed yourself of your government’s protection. At this point, the US government is not responsible for you, as, by using your country’s passport, you taking advantage of the country’s protection that you fled/fear persecution (this is even if there is no emergency while on your trip). The foregoing flies in the face of everything that asylum status, or LPR status based on asylee status, represents.
I understand the limitations of an RTD and re-entry permit and do understand that some people are severely inconvenienced by these travel documents (for example, a flight attendant). However, what really boggles my mind is that we know we are not supposed to do something but we still feel the urge to do it- things that can easily be avoided. We sometimes also fail to recognize how fortunate we are when we are granted asylum, able to adjust status, or naturalize, in comparison to other people who just want to be granted asylum or given the chance to apply for asylum in the US.
Dear Jason
I am aapplying to asylum next week. My lawyer told me they can give me interview date in 3 or 4 months. But he said nowadays in the last month they give interview dates for later than 5 months. Is it true that again even in fifo system there occurred a backlog? Also my lawyer said if we get denial from ucsis he says we may have to wait for 2 or 3 years for immigration xourt hearing. He said another client revently got a. Denial and his immigeation court date was scheduled fir 2022. My lawyer said nowadays there is a very ling backlog occurred. Is it true? Thank you.
I am in new yorj by the way
This all seems correct. Some cases filed lately get fast interviews (we are seeing 2 to 3 months after filing); others land in the backlog (with about 325,000 other cases). How long those will take, no one knows, but in many cases, they will take years. Court is also slow and has a big backlog. If you get stuck in the backlog, you can try to expedite. I wrote about that on March 30, 2017. Take care, Jason
Hi Jason i have a question ,did you get a chance to read united state appeal court published Riaz Mohmood case. What do you think about it. Thanks
I think it shows the danger of making small “misrepresentations” (or maybe just mistakes) on USCIS forms – this could result in big problems. Also, once you have a GC, you can no longer benefit from the refugee waiver under INA 209(c). Take care, Jason
Hi Jason,
Applied for EAD renewals in November. Cases were received following up with receipts on time. On Feb 21st my wife got her new card. Mine still says case was received on Nov 9.Should I be worried?
I’m sitting here like patience on a monument, waitin for discipline to handed down.
Some renewals are taking 6 or 7 months, and often, one family members gets the EAD while the other is still waiting. So I do not think you need to worry. If you want, you can call USCIS to inquire, but hopefully, the card will arrive soon. Take care, Jason
Hello Jason,
How long it takes to get receipt of acknowledgment for the first time work authorization?
Thank you
Maybe 3 or 4 weeks. Take care, Jason
HI Jason
Do you know if they are assigning new judges this year ? I heard that the new bill passed contains funding for 75 immigration judge teams. But I also read recently that the EOIR may not appoint any even with that given some financial issues. Do you have any idea ? is Virginia getting any new Immigration judges for instance in the coming weeks ?
Second question: If someone’s final hearing has been rescheduled 3 times so far (not because of the shutdown), and if it gets rescheduled for the 4th, can that be disputed ?
Thanks
H
I have also heard contradictory information about this, and so I am not sure. Until I saw the recently article, I also thought they were hiring more judges (and staff), but now I do not know. There is not much you can do if your hearing is rescheduled. Probably, the only option would be to try to expedite the final hearing (maybe mentioning the prior continuances and the hardship this causes). I wrote about expediting in court on April 20, 2017. Take care, Jason
Hi Jason
Thanks for writing. I heard that the eoir isswearing in a new group(and probably the last for fiscal year 2019) of IJs this April. Did you know how many ? And to which court will they be assigned ?
Thanks
H.
I have heard contradictory news about how many new judges are coming, if any. Most lately, I heard that there will not be new IJs this year, but I am not sure that is correct (it was not from EOIR, but in some news article). As to where they will be assigned, I do not know. Presumably, in different courts around the US, but maybe they will all be in the same place. I do not know. Take care, Jason
Hi Jason,
Thank you for this great post though it has made me to be more frustrated. I have been arrested lots of times in the course of my life during students’ demonstrations and for political reasons. Though I have never been convicted of a crime nor charges, I see that this may smell a rat as USCIS now has thousands of reasons to deny our EADs. On top of the long wait of the decision on my asylum application, I now have another depressing situation. If their intent is to deter asylum applicants from applying for EADs, they would rather deny our asylum applications than letting us live this life of uncertainty. Seeking asylum in the US is not different from any psychological persecutions. Those who won asylum in the us are angels and different from us
Hopefully, if you explain the reason for the arrests, and that you were not charged, you will get the EAD. In terms of the law, you would be eligible. Whether there will be a delay, and how long, I do not know. Take care, Jason
Hi Mr. Jason:
Frankly, I heard a very shocking news today from one of my friends. An Afghan commodian, who had asylum case in here for more than 25 years, left the US and went to Canada to get asylum there since he couldn’t get it here. I was really shocked that how a person can not get asylum in this much time. What I know from my country, majority of the people are in a serious danger. How Asylum office did not approve such person in this much long wait or maybe not simply deport. I couldn’t believe it even. I wanted to share this issue with you that what could be the reason for such person. Is this possible that person be in asylum process for this much long term ? Since Afghans have good chance of winning based on home country condition. I am really worried and shocked about this news. I am stressed with such news. Have you ever heard or seen such issue in your experience?
We do have some Afghan cases that have been pending for several years. The oldest case I have, the person is Syrian and has had different sorts of immigration cases since the mid-1980s. However, he only recently filed for asylum, based on a situation related to the current civil war. I guess it is possible that an asylum case would take 25 years, but I do not know of any cases that are nearly that old. At least in my experience, the vast majority of Afghan cases are granted, though some do have quite long delays. I would not stress out about this, as the case sounds like a real outlier, and it is unlikely that you would have such a long delay. Take care, Jason
Jason, I have been interviewed 6 months ago in Chicago, do you think it is a good idea to file a writ mandamus lawsuit? provided that I am a single man from Syria.
could please tell me how much does it cost to file this lawsuit at your firm.
I dont thinks is a good idea. 6 months is nothing. On Jasons post (Oct 2 of 2018) I read that low end is 2.5 years and for some judges thats still a reasonable wait.
I think you should contact the asylum office first and ask about the case. You can find their contact info if you follow the link at right called Asylum Office Locator. We wrote about mandamus lawsuits on October 2, 2018 – maybe that post would help. I personally do not do such cases, and I think you need a lawyer licensed to practice in the local federal court, so probably you need someone in Chicago or with an Illinois bar license. Take care, Jason
Hi Jason,
I want to follow up on the writ mandamus topic. For how long would you personally think an affirmative asylum case that hasn’t been interviewed pending for unreasonably long (at which time I should file a writ mandamus with legitimate reason). Your article on Oct 2, 2018 suggests an upper limit of 6 years. Could that be considered as unreasonably long ? I definitely have to say it must be longer than 3 years, since I know people who have 2015 cases hasn’t been interviewed yet. I put my upper limit at 10 years. If I hit 10 year mark I am definitely filing writ mandamus. But what’s a good middle ground time ? is 10 year upper limit a safe bet ? can it be probably reduced to 6 ? the 25 year afgani case mentioned below gets me very worried.
I think it depends on the person and the case. Also, I do not think people who have not yet been interviewed can make a strong mandamus claim (since everyone in that position is delayed due to the backlog, and it is not a delay specific to the individual case). If you have already been interviewed, and you’ve waited for too long (whatever that means) and tried to get an answer from the asylum office, you can file a mandamus. Most such cases do not get decided by a judge. In most cases, the asylum office will settle the case by agreeing to issue a decision in – for example – 90 days. So I guess I think it depends on the individual and there is no right answer. If you file a mandamus and you lose, you are no worse off than before you filed (except for wasted money), and so there really is not much of a downside. Take care, Jason
Hi Jason, I checked “yes” on the I-765 having arrest record in my home country for possession of printed materials of political nature that I attached with translation. As the result it took additional month to get to “New Card Is Being Produced” status, for my wife it took 3 months.
That may be the reason for the delay, but it is difficult to know, as many cases are delayed even where the person checks “no”. On the other hand, it sounds like the EAD is on the way, so that is good. Take care, Jason
I have applied for 3 EADs, one for me – as main applicant (Polical asylum), my husband and my son (2.5 years).
I have received receipt notices that USCIS received our documents for 3 of us.
Then few days later I received approval notice, only for me. Today I received message saying that my card was ordered. And nothing else for my husband and son. For them status is the same, case received.
Is it a usual practice and they will get EAD later than me? Or what does it mean?
We see this all the time: 3 applications, all basically the same, filed together, but then they are processed separately. It is one of the many mysteries of USCIS. Unless the delay become very long, I would not worry about it. Most likely, the other EADs will come soon. Take care, Jason
[…] Applying for a Work Permit When You Have an Arrest Record (The Asylumist Blog, March 2019) [text] […]
Hi Jason and Asylum community.
I was an F1 student when applied for asylum. Right now I am working on EB-2 Green Card application through my employment. My lawyers recently send me a docs to fill out for the H1-B. Can I apply for H1-B while on pending asylum?
Thanks
I do not think there is any inconsistency between an asylum application and an H1b application, so that should be fine. But make sure the lawyer knows you have an asylum case pending, as you do not want to submit anything that contradicts the info in your asylum case. Take care, Jason
Thanks Jason
Hello Jason,
Recently, I asked expedite for a petition. In less than two days, I received an email from USCIS and asking for supporting documents within 48 hours. I submitted all the supporting documents. Now, do you think they will accept my expedite request? Do they usually ask for supporting documents? Do you think that they could have rejected my request without asking for supporting documents if it had been not a valid base for expedite?
I am not sure what type of petition you mean, so I do not know, but if they asked you for more documents about your case, hopefully that is a good sign. Good luck, Jason
Hello @ Asylee
Can you please share how did you ask to expedite, was that by email, phone or by mail? and in which asylum office?
Good luck
Thanks
I did expedite by calling a number but it is very frustrating. You have to spend at least 2 hours or more until get someone on the phone. My local office told me to write them instead of calling.
Hi, Jason,
May I ask, in your opinion, has the last in, first out interview schedule served its purpose of deterring asylum seekers ? I feel this policy is going in the wrong way…
The asylum office said that it was helping, and that new applications were down, but the most recent data (released a few weeks ago) indicates that the asylum backlog is rising again. There are now about 325,000 pending cases, up from about 319,000 in December 2018. So my thought is that LIFO did not work prior to 2014 (or whenever they implemented FIFO) and it won’t work now. Take care, Jason
Jason, do you think they might change back to FIFO? many thanks
I have not heard any talk about that. On the contrary, they have indicated that LIFO is deterring fraudulent applications. They said this some months ago, but I doubt they will change their opinion, even though I think the evidence that cases are being deterred is weak. So I am not expecting them to go back to FIFO. Take care, Jason
Hahaha I knew it. From the first day this policy is out, I knew it would be like this one day. It’s hard to understand why they thought it might work.
Jason,
I have been waiting for a decision since last August. I have inquired them many times and they said the case is with the supervisor.
A friend told me the congressman office of his circuit help him to expedite his case. Have you heard anything possitive about this?
I reached out to them and they said they have handled similar cases.
Im just afraid USCIS can take this the wrong way. I dont know.
I want to know your input about this.
All the best
I do not think there is any harm to using a Congressman’s office, I just don’t think it is all that helpful either. Anyway, you can try. You might also consider a mandamus lawsuit (we wrote about that on October 2, 2018), but you probably want to exhaust other options before you try that. Take care, Jason
Hi Jason,
Is there possible a F1 status detained after asylum application was denied by asylum office? after final denial they would send them to court or just asked them to leave the country?
thanks
I have never heard of an F-1 student being denied asylum and detained, but it is theoretically possible. Maybe if you commit a crime or engage in immigration fraud. If the asylum case is denied, you could be referred to court, though it is unclear whether this is happening to people with valid student status. You cannot be deported from the country without an immigration court hearing. Take care, Jason
Hey Jason, I want to apply for advance parole for a tv program in Spain, as an asylee would I have problem coming back to the United States. My country is in Africa and I am not returning there, I’m going to a different country. What’s your take on the advance parole?
I wrote about AP on September 11, 2017. Since that time, it has become more difficult to get. You need a humanitarian reason – usually a medical reason or to visit a sick relative – in order to get AP as an asylum seeker (if you already have asylum, you can get a Refugee Travel Document). If you get AP, you should be able to return to the US. I know of no example where a person with AP was denied re-entry. Take care, Jason
hi, i had my interviews in Seattle on august 2018, my attorney gave the same as interview date my deceleration to the officer. Can i ask your timeline my friend?, and also do you have any question let me know.
Hi Jason
My spouse got an asylum approval last month and for a reason he excluded me from his case right before an interview. Now, he wanna file a i730 petition to me as the beneficiary while I m in the United States.My questions are: (1) How long is going to take from USCIS to process i730 and to be approved? (2) Can I apply for Driver license and work permit while my i730 has not been processed? (3) Does filling i730 form need to hire an attorney or simply I can fill it out? Please give me some tips and it would be highly appreciated.
1 – You can check the processing times at http://www.uscis.gov, but we are seeing I-730 forms take longer than the posted time. 2 – I do not think so, at least not based on the asylum case. Maybe you have some other basis to apply. If you have the I-730 receipt, maybe you can take that to the DMV and try, but I doubt it. Also, I do not think you can get a work permit until the I-730 is approved (unless you can get it on some other basis). 3 – Check out the form. You can probably do it yourself (I think your husband needs to sign it also, though – check the form). I do not think it is too difficult. Read the instructions carefully, and you should be fine. Take care, Jason
Hello! I have 2 questions if anyone can answer or help:
1. Can you fill G-28 at the day of your interview, if you want someone to be there with you at the day of interview? Also is it required for the lawyer to be an immigration lawyer? What if my only option is the civil rights attorney? Of course I want someone to be with me.
2. How long before do I need to submit the supporting documents before the interview date? These documents are to supplement my asylum application I submitted 4 years ago.
Thank you so much. Dee
1 – The lawyer can submit a G-28 at the interview. Anyone who is a licensed attorney can appear for you. They do not have to be an immigration lawyer (and in fact, there is really no such thing as an “immigration lawyer” – there are just lawyers). 2 – It depends on the office. In my local office (Virginia), they need document at least one week before the interview. Other offices are different, and in some, you can submit everything on the same day as the interview. Take care, Jason
Thank you so much Jason. The interview is in field office Seattle but it’s under jurisdiction of SFO. Do you or anyone have any info about how long before I need to submit the supporting documents? Thanks so much. Dee
hi, i had my interviews in Seattle on august 2018, my attorney gave the same as interview date my deceleration to the officer. Can i ask your timeline my friend?, and also do you have any question let me know.
I have my interview scheduled in 2 weeks I expedited my case based on health issues and persecution fear for family members. I have been waiting for 3 years now. How was your interview? How long did it take? If you don’t mind sharing which country are you from? Any tips? Thank you so much @ASYLUM22.
I did a post on September 8, 2016 that may help. Good luck, Jason
You might email the SF office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. You should also ask where to send documents – to SF or Seattle. Take care, Jason
Hi Jason,
Thank you for covering this sensitive topic. How does this apply in the present moment to green card applications? My friend had the misfortune of being arrested for domestic battery (felony) but it was dropped down to a misdemeanor and no charges were filed. The statue of limitations expires at the end of this year, and she can get a disposition from the DA. I want to help her application go as smoothly as possible so I would love your suggestions. Adding it to the cover letter seems like a good idea; it will also be possible to get character references from others, including the other person involved in the incident, I believe. Your input is welcomed. Thanks.
The above post is not really related to your friend’s situation. She needs to get the disposition of the case and submit that with her GC application. Whether the case affects her eligibility, I do not know, but if there is no conviction, it normally would not affect. In a situation like this, it is probably worthwhile to have a lawyer review the case to be safe. Take care, Jason
Thank you Jason. I really appreciate it. This is all good to know to better understand USCIS and how much scarier it is getting, sadly, today. I hope it changes soon.
Hi Jason,
We talked to a lawyer and they don’t anticipate it will affect the green card being granted, although they believe an interview with USCIS might occur, which would add more time to the process. Question — my friend is under the impression that Trump has now made it impossible to apply for citizenship as an asylee if you were arrested. I didn’t think that was true. Do arrests (without charges filed) make it impossible to get citizenship? I want to reassure her all is not lost. Thanks as always for your help.
I have not seen that, but I have not done a citizenship case lately where the person was arrested in the past. Even so, I highly doubt that is the case – the bigger problem is that they will say you did not reveal the arrest (1) when you applied for the visa; (2) on the green card application; or (3) on the citizenship application, and then they will accuse you of fraud. It is difficult to know whether this will happen, or how to avoid it, especially if you did not mention the arrest at the time you applied for a visa. The asylum grant should, in fact, “cure” the “lie” on the visa application, but USCIS is being very obtuse about this. One possibility, if you did not disclose the arrest when you applied for a visa is to file a refugee waiver under INA 209 when you apply for the GC. The waiver is easy enough to get, and maybe you can use that to avoid an issue when you naturalize, but whether that is a good idea, I am not sure. I have not been doing that, but I may start. You can ask your lawyer what they think about that idea – I am not sure there is a correct answer at this point, but it is an idea. Take care, Jason
Hi Jason,
Thanks for your answer. To be clear, the arrest (for domestic battery) happened in the US after the asylum was granted. So it hasn’t been hidden and will be part of the green card application. No charges filed; the couple is still together. The lawyer I spoke to didn’t seem to think it would be an issue for GC. But my friend is worried the criteria for citizenship are different. Are they in this case?
If there is no conviction, it is probably ok, but they have to reveal it and submit copies of the disposition. Take care, Jason
Hi, Jason,
Thank you for this post and explanation. About what to do if police stopped you,or even brought to station, but didn’t arrest you – that’s my case. Do you have clients like that? My EAD expires next year March, and because of this question I’m afraid that it will be denied. I would like to use your office services for EAD renewal, when can I.contact you?( I’m planning to apply 180 days before expiration).
You should contact the police station to see whether there are any records of the incident. If it was not an arrest, you can check “no”, but you would probably do well to provide an explanation nd submit any documents you can get. As for us, we potentially can help, though it is not so cost effective to hire a lawyer for a portion of your case. Anyway, if you want to have a consult, you can email me at jdzubow@dzubowlaw.com. Take care, Jason
Jason, thank you for putting forward your interpretation of this new policy. This is a very good explanation or assumption of how things may pan out.
While I was reading the first paragraph in the article, how to appeal a negative decision on an EAD application because of an arrest came to my mind. I see where you touched on that topic in your second-to-last paragraph. You also pointed out the conflict between 8 C.F.R. § 208.7(a)(1) and INA 208(d)(2) which makes this topic much more interesting.
On the face of it, USCIS seems to have the advantage because of the discretionary element (INA 208(d)(2))- notwithstanding the apparent clash with 8 C.F.R. § 208.7(a)(1)- and the fact that the case would have been weakened by the arrest element. This could reasonably be interpreted as a double whammy for asylum applicants who have a criminal arrest.
If the courts, after an appeal has been filed, decides to focus more on what constitutes an aggravated felony-taking into consideration the type of arrest(s) and or the length of the conviction, if any, vis-à-vis whatever hazy and indistinct explanation of the term ‘aggravated felony’ that currently exists-this may bode well for asylum applicants who file an I-765 and have an arrest record. Indeed, the appellate board/court(s), notwithstanding the fact that granting employment authorization to asylum applicants may be discretionary, may very well clearly define, or enumerate, what constitutes an aggravated felony.
What is more interesting is how USCIS plans to treat asylees and refugees (those who are granted asylum or admitted as refugees) who are renewing their EADs but may have been arrested outside or in the US- before or after the asylum grant or admission. According to 8 C.F.R § 1158 (C)(1)(B), the AG shall “authorize the alien to engage in employment in the US and provide the alien with appropriate endorsement of that authorization.” As such, asylees and refugees are authorized to work, incident to their status, without an EAD. Can USCIS then, perhaps because they rely on their own interpretation of who is an aggravated felon, deny the EAD renewal for an asylee or refugee without cancelling the asylee or refugee status? If so, would denying the asylee or refugee employment essentially render the status invalid?
Through the non-profit organization that I do volunteer work, I’ve met quite a few asylees and asylum applicants who were arrested- some of the arrests may be termed political and some may very well be aggravated felonies- before they came to the US. Many of these applicants and asylees are already authorized to work. Specifically for the asylees who may have been arrested/convicted BEFORE the grant of asylum, and assuming that USCIS knew of the arrest before the asylum grant, will USCIS now deny the asylee’s EAD renewal because of an arrest that was disclosed to the officer/judge before the asylum grant?
In addition, do we assume that a denial of an EAD, renewal or first time, based on the accusation of being an aggravated felon, will result in an asylum denial or notice to appear (NTA)?
I think that USCIS, because of the anti-immigrant and anti-refugee agenda, have been hurriedly drafting and implementing policies without much thought. (That is not to say that I support criminals receiving immigration benefits). It just seems- at least from someone looking in- like the whole thing is a sham with the objective to deny people the right to seek asylum or refugee protection. It’s a shame that they are targeting vulnerable populations when there is so much fraud in the marriage-based petitions (that is not to say that the asylum program doesn’t have its fair share of fraudulent/frivolous applications). But it’s clear that refugees and asylees are high on their agenda.
The rule about aggravated felons only applies to asylum applicants. If you have asylum, and you file an I-765, you do not need to answer the question about arrests, so I think such people are safe (though if a person has an ag felony, she would probably be barred from asylum). I would not assume that an EAD denial would mean an asylum denial later on. It could mean that, but it would depend on the crime, whether there is a conviction, whether it was pretextual, etc. In other words, an EAD denial is not a good sign, but it may still be possible to win asylum. I do agree with you that USCIS and EOIR are on an anti-asylum binge, and that all the policies are not well thought out. From their perspective, that does not matter, as they are throwing a wrench into the system and making everything more difficult for asylum seekers. It is unfortunate, but we are watching good governance and rule of law being tossed out the window: The ends justifies the means. This is always a bad sign in a democracy and in a country where rule of law is valued. Take care, Jason
Jason, thank you for pointing out this to me. I reread your first paragraph and you did in fact say that asylees are not affected by the change. I also went through the form I-765 and noticed that the form only requires applicants filing under categories (c)(8), (c)(35) and (c)(36) to disclose their arrests. This was an oversight on my part as I thought that all asylum-related applications are required to disclose previous arrests.
There are too many dang rules. It is all very confusing. Take care, Jason
Thanks Jason. If I sought asylum at the port of entry and was detained as per their procedure but then released, will I have to indicate that on my EAD renewal
In that case, you were probably paroled into the US. If you received an I-94, it would indicate how you entered on that document. Alternatively, you could put EWI – entered without inspection – if that seems more applicable. Take care, Jason
I do not know what to do. Waiting for an interview from August 2015 (New York). But this is not the worst. I can not get a second work permit for almost two years (it will be in April). All documents were sent on time. As it turned out later, the immigration service lost my papers twice. They admitted their mistake, but the situation has not changed. I wrote a letter to the senator. The letter was registered and asked to wait for a response. I have been waiting for a reply from the senator for almost three months (will be next week). What should I do? I am forced to live illegally. I can not find a normal job. I have to work now for cash in slave conditions 65 hours a week. I have no time to learn English. Maybe I should sue the immigration service?
I doubt the senator will be much help. I think you need to be in contact with USCIS to resolve this – maybe by phone or go in person with an Info Pass appointment. You can find the phone number and make an appointment at http://www.uscis.gov. You might also hire an attorney to help with this. I thinking waiting for the senator office to do something is a mistake. Maybe they will help, but you can be working on the case as well. Good luck, Jason
Personally, I think that’s what USCIS’ intention is… to deter asylum seekers by stripping their authorization to work. I have to say it’s kind of effective…To you predicament, I am sorry :(. I am in similar situations, please update when you sort things out ! It will be very helpful !
Thanks Jason for the hard work !!!