It’s not always easy to find a decent immigration lawyer, especially for people who are new to the country, who don’t speak much English, and who don’t really know what to expect from an attorney. What do you do if you’ve hired an attorney and have now lost confidence in him?
Before you take action, you should think carefully about whether the attorney really is failing at her job. Attorneys are busy, and we are not always as responsive to our clients as we might be. We also have to prioritize our cases based on government deadlines, and so some clients’ cases get put on the back burner until we can work on them. In addition, clients often make “small” requests that are not so easy to accommodate: Can you write a letter about my status for my job, school or landlord? Can you help me with the DMV or with the Social Security Office? Lawyers may not have the time or expertise to assist with all such requests, and they may charge extra for tasks that are outside the contract. Aside from all this, the asylum system is a mess. Cases move slowly or not at all, cases get lost, the government makes mistakes. Much of this is outside the attorney’s control, and so blaming a lawyer for systematic failures is not fair. In short, be aware that lawyers often can’t give you everything you want, when you want it, and that there is much that is outside our control.
That said, lawyers are required to communicate in a timely manner with our clients. We are required to be honest with them (and with the government). We are required to do our work competently and on-time. These are requirements of the bar association–they are not optional. If we fail to fulfill these duties, we can rightly be punished. If a lawyer never gets back to you or fails to keep you updated about the case, if he changes the terms of the contract after you’ve signed it, or if he is dishonest with you or with the government, that is a problem. If the lawyer is unprepared for a hearing in court or at the Asylum Office, or if the quality of the lawyer’s work is poor, that is also a problem. If the lawyer refuses to give you a copy of the case to review before it is filed, or a copy of the case after it is filed, that is a problem too.
So let’s say your lawyer really is failing you, what can you do?
First, you may want to talk to the lawyer to explain your concerns. It would probably also be a good idea to put your concerns in writing (maybe in an email). If you are calling your lawyer, and he is not responding, keep notes about the dates and times you called. If the lawyer tells you something orally, write it down and email it to the lawyer to confirm that this is what he said. In other words, document all your interactions (or attempted interactions) with the lawyer. When a lawyer knows he is being watched carefully, he is more likely to behave properly.
Second, get a copy of your complete file from your attorney. Lawyers are required–again, this is not optional–to give our clients a copy of the complete file. Even if you owe the lawyer money, she is required to give you a copy of the file. She cannot “hold your file hostage” until you pay any outstanding fees. Lawyers–including me–don’t love this rule, as it seems unfair to give a client her file when she owes us money. Nevertheless, it is the rule, and lawyers who fail to turn over a file can face discipline (we can, however, charge a reasonable copying fee for the file). If the lawyer refuses to give you the file, you can report that lawyer to the bar association (see below).
Third, find another attorney to review your case and evaluate whether you are receiving proper representation. Lawyers love nothing better than to dis the work of our fellow lawyers–it is one of our guilty pleasures. Hopefully, a second opinion can clarify whether your current attorney is doing her job, or whether it is time to find someone new.
If you do switch attorneys, you will need to get a copy of your complete file from attorney #1, so you can give it to attorney #2. The new lawyer should be able to assist with this if necessary. Also, it is a good idea to get a copy of the file from the government, especially if you do not trust attorney #1 to give you everything that he submitted.
Also, you may be entitled to a partial refund from attorney #1, depending on the contract and on how much work the lawyer has already done for you. Some attorney contracts are “hourly,” meaning you pay for each hour (or minute) the attorney spends on your case. For such contracts, you usually submit a retainer (a lump sum payment) that the attorney “draws down” when he works on the case. So if the attorney charges $200 per hour, and works on your case for four hours, your bill is $800. If you gave that attorney a $1,500 retainer, you would be entitled to a refund of $700, which represents the “unearned” portion of the retainer fee.
Most immigration attorneys I know, including me, have “flat fee” contracts, which means that you pay a certain fee for the case. So for example, we might charge $4,000 for an affirmative asylum case. Even in flat fee contracts, however, we have to account for our time. This means if a client pays me $4,000 for a flat-fee case, and then fires me before I complete the case, the client would be entitled to a refund of unearned fees. My flat-fee contract indicates that my time is billed at $300 per hour, meaning if I worked for five hours on the case, I would get to keep $1,500 and I would have to refund the remaining $2,500.
If you fire your attorney, you can ask for an accounting of her time and a refund of unearned fees. This means, she would have to tell you about each task she worked on and how long it took. This accounting is not optional; it is required. And if the accounting seems suspicious (why did it take you three hours to write an email?), you can challenge it.
In practical terms, it is usually not so easy to get a refund, and most attorneys can justify their fees. Often, it is easier for the client to just move on. However, if you feel you were ripped off, you can and probably should pursue a refund.
Further, if your attorney was dishonest, or damaged your case, or failed to properly account for her fees, you can file a bar complaint against her. Bar complaints are also sometimes required to reopen a closed case. What is a bar complaint? All attorneys must be members of a bar association. This is an organization that monitors attorney conduct and provides training and services for lawyers and the public. Each state has its own bar association. The attorney’s contract, letterhead, website, and business card should all list which state bar association(s) he belongs to (hint: if an attorney does not make this information available, he is best avoided). If you Google “bar association” + the state, you should find the bar association website, which should have information about making a bar complaint. Once the complaint is filed, the bar association should investigate the attorney’s conduct (some bar associations are better about this than others) and, if appropriate, punish the lawyer. This punishment can range from an “admonishment” (basically, a public statement that most lawyers would find embarrassing) to disbarment, wherein the lawyer would no longer be able to practice law.
Of course, most attorneys would rather avoid having to deal with a bar complaint, so we try to follow the rules. If your lawyer is doing something wrong–not giving you your file, for example–the threat of a bar complaint might cause her to shape up.
So there you have it. In some ways, lawyers have more power than their clients, particularly immigrant clients, who tend to be less familiar with “the system” than native-born people. But clients are not powerless. You should not feel trapped in an attorney-client relationship that is not working. If your lawyer sucks, take action. Fire him. Move on. These cases are important and often life-changing. Don’t let a bad lawyer destroy your opportunity to remain in the United States.
given how awful and destructive the us empire is and was, it ‘s amazing that persons still want to come to the us?
I agree that the US has caused many problems, but it has also helped many people, and so I think it is a mixed bag. That said, the US is a good country to live in, and it is comparatively good for immigrants, and so that is why people come here. US foreign policy is probably not a big factor in most migrants’ decision making. Take care, Jason
Hi Jason,
Back in 2015 before applying for Asylum I hired an attorney in Houston. She took all my original documents and evidences and signed form G28. She sent my asylum application to Houston on my behalf and took 50% of the fees. She said we will attach personal statement later on stage. Then I wrote a personal statement and sent to her via email.
1) Now, I don’t know whether she sent that personal statement to Houston office or no.
2) The other thing is that in DEC 2015 she went to do some pro bono work at border and stopped responding me via email or call or any channel. After few weeks I sent a text message and email demanding for send me my original documents back. But I did not demand for that 50% fees which I had already given her and i cancelled her g-28 over the phone with USCIS.
3) Now she is living in Washington and moved from here. Can I get my that 50% fee back from her so I can hire another attorney? If yes, then what is the procedure?
Thank you in advance.
You are entitled to receive your original documents back – they are yours. You are also entitled to a copy of your file, so you know what she filed. If you cannot get that, you can request it from the government using form G-639, available at http://www.uscis.gov. As for the fee, if she “earned” it (as discussed above), you are not entitled to get it back. You can ask her for your documents and for an accounting of her time, and see if you get that and if you are satisfied. If necessary, there is always the option for a bar complaint as discussed above. Take care, Jason
Hi Jason,
Who is responding to an outside the normal processing time ticket? A computer or a person? It seems most of their responses are just for the sake of response not actual and honest response. It would be nice if you raise this issue with the Immigration authorities in one of your face-to-face meeting.
Sadly, I don’t have that kind of sway. Also, I do not know about how they handle such issues internally. I think it depends on the length of time of the delay, but I do not know. I do think they sometimes take action, but getting USCIS to move faster is very difficult – maybe a mandamus lawsuit is the best bet, if the delay is too long. Take care, Jason
Hi Jason,
God bless you for all the work you do. I put in my application for asylum since 2017 with my kids and have not been called for an interview yet. I am married and have kids. My mom is to become a citizen this year, is it possible for her to file for me once she becomes a citizen? Can it be processed without us leaving the US?
The wait time for such a petition is many years (you can check that if you Google “DOS visa bulletin”) and you would have to remain lawfully present in the US until the GC was available. Or you would have to leave the US. There are exceptions to this rule, but they are rare – talk to a lawyer about that. I wrote a piece that might help you on August 28, 2018. Take care, Jason
Dear Jason,
could you please shed some light on how fast your clients get their decisions if it’s a mail out?
I know around 10 people in LA (all Russians and Ukrainians) who are waiting for decisions. The longest wait time is since August 2018. Inquiries return with “decision pending” status. I also know of 20 other Russian and Ukrainian people who got an NTA’s but these were picked up decision for majority of them and a couple second interviews followed by a rapid NTA mail out.
At the same time, I also know a lot of Chinese cases got approved by the same office including picked up decisions.
So they actually can complete (approve) cases in 2 weeks. I think this background check is a BS they are feeding us. There’s something else going on.
So I just wanted to ask how the timeline for you clients look to compare to what we have here.
There is no normal time frame. Some people take days and others take years, and it is usually impossible to know in advance who will be fast and who will be slow. Also, I don’t do many cases in LA, and different offices seem to be pretty different. I do think security checks cause most delays, but there are other reasons as well. For example, if all the people you know have the same lawyer or translator, maybe the asylum office has a problem with that person. Aside from inquiries, the only real option is a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Hi Jason,
Thank you very much for the support and assistance you are providing. My asylum application is pending for 4 years and 3 months now. I had my asylum interview in April 2018, I did several follow ups for the interview decision but getting only one answer from the asylum office, “it is still pending”. I applied for the travel document but it was not granted. I am away from my family and now decided to meet them in a third country and voluntarily leave US. What is the proper way of voluntarily leaving US to a third country. Could you please give me reference of the blogs you have posted regarding this, I will really appreciate it.
Thanks!
AS
I have not written about that subject, but if you want to leave, you can leave. You should contact your local asylum office and tell them you want to leave. They probably have a form you can submit to withdraw the case. We tend to do this after the person leaves, and then we include evidence that the person left the US. You can find the asylum office contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
So sorry to hear friend. I hope you find peace in the third country and be reunited with your loved ones.
God bless you and your family!
Dear jason please advise if i can use my PO Box as mailing address to receive my green card from USCIS or not ,,, and is it different between states about time since Applying my application till get green card or all the same time.
Hi Jason,
I hve been peding for more than 4 years and ny interview has been pending for 6 months now. My career cannot go further with asylee status and has been stuck for the past 4 years.
Please advise Jason, is there anythijg than can be done to expedite this request?
Do you mean you were interviewed 6 months ago? If so, you can contact the asylum office and explain (briefly) why you need an expedited decision. It probably won’t help, but it might. You can find their contact info if you follow the link at right called Asylum Office Locator. If that does not work, you can file a mandamus lawsuit – we wrote about that here on October 2, 2018. Take care, Jason
You van use a PO Box for that. Some forms allow you to list a mailing address and a physical address. As for the time frame, I think it is not very predictable, but you can check the different offices if you check processing times at http://www.uscis.gov. Take care, Jason
Dear Jason,
I finally got married with my fiance (us citizen) and filed for adjustment of status after 2,5 years of asylum case pending. My priority date for I-130, I-131, I-485, I 765 is 29th of March, 2019 and receipts begin with MSC. my questions are:
1) how long does it take USCIS to process and approve my I-131 and marriage interview from now (I am in Salt Lake city, UT) any estimate time would be appreciated.
2) Does uscis ask me or my wife any questions about my asylum case pending at the interview? do I need to bring evidence of my own asylum claim during the interview?
3) what can I do or what options for me if I get asylum interview letter while I am waiting for marriage interview?
I thank you a lot your answers
1 – You can check processing times at http://www.uscis.gov, but for the I-765/I-131, it probably takes 4 to 6 months; the GC probably takes 14 months or more, but those are rough guesses. 2 – They can ask about the asylum, so you should be prepared to answer, just in case. Also, there is no harm in bringing documents related to the asylum case. Maybe they will want to see them; probably not, but if you have them, you will be prepared. 3 – At this point, you probably want to leave the asylum alone and just get the GC based on marriage, but if you want to pursue the asylum claim, you can ask to expedite your case – I wrote about that on March 30, 2017. Maybe that will get you a sooner interview. Take care, Jason
Thanks a lot Jason,
I probably want to focus on my marriage based GC, is it a good idea to put my asylum case on hold (not to withdraw it)? Are there samples of letters asking to put asylum case on hold? can you please tell me how to do that and where, asylum office in Houston or Salt Lake city USCIS field office?
your answers are always benificial to others.
best,
I do not think you can put it on hold. You can file the GC case and – given how things are going (or not going) at the asylum offices – your GC case will probably be processed while your asylum case is pending. I suppose you can try to contact the asylum office and ask them to hold the case, but I think they will not do that. Take care, Jason
Jason, I don’t know if my point is of any significance/relevance, but what I do realize ( I do notice this with many of the asylum seekers I work with as well) is that a lot of asylum applicants believe that once they get married to a US citizen, their asylum claims suddenly disappear, or once they do the GC interview, they may get a GC and the process is over for them (at least as for as acquiring a GC is concerned). It is important to note that if your marriage to a US citizen is fewer that 2 years, you won’t NECESSARILY be given a permanent GC (this is especially if you have another application for immigration benefit pending). It does raise suspicions- at least from the officer’s vantage point. In most cases, you must maintain your marriage for at least 2 years. After 2 years, you MAY BE called for an interview, after you and your spouse submitted the I-751 to remove the conditions on your residence, and you have to demonstrate that your marriage is bona fide or is still valid, before you are actually admitted as a LPR WITHOUT conditions. This process can take years as well. And you should be prepared, like you would for an asylum interview or court hearing, for any bottlenecks- bureaucratic or otherwise- that may arise.
On the other hand, I do understand that marriage to a US may seem enticing or less stressful than asylum. However, asylum seekers must realize that it’s not always “rosy” or smooth. In fact, you don’t want to jump from a frying pan and into a fire.
I agree, but if the marriage is true, it almost always works out from an immigration perspective (assuming no crimes or prior immigration violations). Take care, Jason
Hey Jason,
Reading your blog I found that it is possible to request an expedite decision?
My case has been pending for 320 days in Arlington VA. I am from Venezuela with an F1 VISA working with my OPT.
I read a mandamus is another option but my lawyer doesn’t consider it a good option. Is there other way to expedite? Im in TX now (changed my address) but last time that I went in person to VA they said my case was with the supervisor (200 days ago).
What are the requirements for an expedite response?
Thanks,
Marco
If you have a reason that you need a decision (health problem, family separation, etc), you can ask to expedite the decision. I suppose it is the same technique as asking to expedite the interview, which I wrote about on March 30, 2017. However, depending on the reason for the delay, the asylum office might not be able to expedite (and they might simply choose not to expedite as well, since they are overwhelmingly busy). If nothing else works, you can try a mandamus, but there are reasons not to (you might get a second interview, which would then be in TX, or your case might be denied if they are not able to complete the security checks and are thus unable to grant). Take care, Jason
Is there any way to know why is my case delayed? Do you think that if I email them they will be able to tell me where is my case and why is it taking that long?
Thanks again for always helping
You can try, but many cases are delayed before and after the interview. If you want to email them, you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Jason I have a question , if I move to a new location , where do I sent the form ar-11 to ? to VA or the asylum office? on the ar form says department of homeland in VA , but my office is somwhere else. thank u
You can submit the AR-11 online and that will do the trick. Otherwise, send it to the asylum office where your case was pending before you moved. Take care, Jason
OK thank you I will try the online way. I was thinking if i could send it online and to the office where they have my case.I just do not trust their system and since its always down i dont know if it indeed updates the address to the office. I just wanna be safe. I am waiting for the interview
Dear Sir/Madam,
First time to post:
Can pending asylum be denied because of renewal passport while you are in USA ?
Thank you for your reply
We have not had a case denied for that reason. However, certainly they could ask you to explain why you renewed the passport. If your asylum case involves persecution by your home government, they may also find it suspicious that your government was willing to renew your passport. In other words, you would need to explain why you renewed and why the government agreed to issue a new passport. If the explanation is not adequate, they could deny a case for this reason. Take care, Jason
Hi Jason,
I am a derivative asylee ( my case is approved months ago). I legally work in the USA using my EAD obtained after approved I-730. Now, my employee says that she can apply for GC for me. Do you think, It will work for me? Also, I had two-years residency bar before I-730 approval. Do you think my GC application by employee will cause any issue to me?
I think it will be easier, cheaper, and faster to apply for the GC based on your asylum. I suppose you could do it through the employer, but I am not 100% sure the 2-year home residency requirement is waived in that situation. I suspect that it is waived, but I know it is waived if you apply for the GC based on the asylum grant (though I cannot remember the specific regulation off the top of my head). Take care, Jason
ASYLEE, why would you want to adjust status using an employer when you would be eligible to adjust status one year after a grant of your asylum?
First of all, employer adjustment of status (AOS) applications take years to process while most asylee AOS applications take anywhere from 4-14 months.
Secondly, there is no appreciable difference among applicants who adjusted status based on asylum, marriage, employer, etc. If you successfully adjust your status, you become a lawful permanent resident (LPR). The same goes for people who naturalize. There is no real difference. The only difference is that asylees who adjust their status to that of LPR are required to use a refugee travel document (RTD). Even if you adjust your status through your employer, your asylee status/claim does not just suddenly disappear (irrespective of whether you are a derivative or principal).
Thirdly- and be warned- asylee AOS applications are much less complicated than other AOS applications. There are waivers available for asylees who file I-485 that are not available for applicants filing I-485 in other categories.
In addition, though less significant to your question, derivative asylees must adjust their status before the principal naturalizes. The derivative must continue to meet the definition of a spouse/child of the principal. Time can be unforgiving sometimes. So, you don’t necessarily have all the time in the world as a derivative asylee. Furthermore, if certain circumstance(s) change, you can always file a nunc pro tunc asylee application.
Fourth, you may be subject to the 2-year residency requirement if you are adjusting status through your employer, especially since you have another avenue of adjusting status and the fact that you are the derivative asylee. If you are taking this route, consult an experienced immigration lawyer.
For the 2-year residency requirement, see INA 212 (e). For asylee AOS, consult INA 209 for the statutory authority. For the regulations governing asylee AOS, consult 8 C.F.R. § 1209.2. For inadmissibility grounds, consult INA 212 (a). For waiver of certain grounds, consult 8 C.F.R. § 1212.7(b). Finally, for waivers of inadmissibility, consult 8 C.F.R. § 1207.3.
Jason already replied to your question. But I just want to warn you, before you file employer based adjustment, make sure that you do not have any unauthorized stay or unauthorized work (stayed after visa expired and then granted asylum counts as unauthorized stay). For Asylee AOS these are waived automatically without even filing an I-602 waiver. I know someone who got denied employer sponsored AOS for this very reason. He was on work visa and there was some status gap. There is no waiver for this in EB type AOS. Good luck.
Good point – thank you. And further, you should talk to a lawyer about such a case to make sure you meet all the eligibility requirements. Take care, Jason
Hello Jason and everyone here,
I was expedited my case and interviewed 8 month ago in Chicago asylum office. However, i didn’t got decision yet. I inquired a couple of times in person but still told me pending decision, also not willing to tell me where it stuck. But on the second inquiry, they told me i can also request expedite on the decision. So,i have couple of question regarding this:
1) Requesting expedite on the decision doesn’t affect the decision outcome? Is there any one who did expedite on the decision on Chicago asylum office or other area and got their decision?
2) From your experience, with whom (AO or supervisor) does the interview decision takes longer time?
Thank you so much for your unreserved support!
1 – It should not affect the outcome, but I have not tried to expedite a decision in Chicago. 2 – Usually, the AOs complete their work and pass it on. Most delays seem to involve security background checks, but sometimes, it is the supervisor or the case gets referred to headquarters (I wrote about that on October 21, 2014). Take care, Jason
Hi Jason,
I have been given ‘notice to appear’ after my asylum interview. My wife who is a dependent in my asylum application was denied EAD. Reason for denial was that she has neither lodged or filed I-589, therefore she is not eligible for EAD.
My questions are:
1. Can she file a new asylum application and include me as a dependent?
2. We were asked to file I-290B to reopen or reconsider the denial, what’s your take on this? Would she be given the EAD?
Thank you.
1 – If she is a dependent on the case, she should be eligible for an EAD and she should have been referred with you to court. If she was not a dependent on the case, she should be able to file a new asylum application on her own. I am not sure whether you can be a dependent on her application, as you are in court. Maybe talk to a lawyer about that. However, if she can file, and if she wins, she can file an I-730 for you, which should allow you to close the court case and get asylum based on her. 2 – The 290B is expensive and only helps if USCIS actually made an error in denying her case. Even if they did make a mistake, it often makes more sense to just file a new I-765 and explain the error, as that is cheaper and probably faster. Talk to a lawyer about this to be sure, as it will make a difference if she is or should be a dependent on your case. Take care, Jason
Thank you Jason.
Your response are precise and straight
She was still in status when I was referred to court hence she was not given NTA with me. Could that be the reason why the EAD was denied? If it is the reason ?
My guess is that that is the reason, and so now the cases are separated. As far as I remember, I have not had this situation before, and so you might want to double check with a lawyer about eligibility for an EAD under these circumstances. I do think she can apply affirmatively again, but the procedure is different – check the I-589 instructions, but basically, she files at the local office. Take care, Jason
Hi jason. Thank you so much for your help. God bless you for all your work and effort. I have a pending asylum case and recently, i got sick, so i asked my lawyer to send an expediting request and he said he did via email. That was three weeks ago. I got back to him. He said there is no reply from the uscis side yet. Should he send them again. He said i can go in person to the asylum office and ask. First Shall i do this ???? Second has he do so since he is the one responsible for following up the case? Third Can i send them an email asking if he refused to do so or i have to go in person as my lawyer said? Thanks so much for your help.
I think you can do all of the above, as long as the lawyer is informed about what you do. For our asylum office (Virginia), it sometimes takes a month or two to get a response to the expedite request, and if there is no response, we email again. But you can also go in person to ask. For me, I prefer to make the inquiries, but as long as the client tells me, she can make the inquiry as well – that is no problem. Good luck, Jason
Thank you so much. If i send an email, shall i include the receipt no. And ask if they receive the expediting request and if there are any updates concerning the expediting request?? Or is there any special way to say it . Thanks so much. God bless you .
That sounds about right – we also include the Alien number, date of birth, and country of citizenship. There is no special format, though try to keep it short if you want them to read it. Take care, Jason
Hi Asylum S. I remember your post of the 6th about the same issue. We are in the same boat. I thought it would be quicker as Newark office is usually very responsive. My lawyer wants me to wait a little longer before she inquiries again. Anyway let me know the outcome of your inquiry. You can reply in this post. As I said, will let you know if any news in my side
Thanks so much. Can i ask . How long does she wants you to wait before inquiry . I have been waiting for a nonth since my lawyer sent the request. Does you wait the same time and how long does your lawyer wanys yiu to wait
Hi Jason,
I am curious to know your legal opinion about the this question put on immigration forms. I saw it on N400. “Have you ever commited a crime or offense for which you were NOT arrested?”
What’s the legal scope of this question and isn’t it against the 5th amendment? They are basically asking you to self-incriminate. There is no option to leave it blank and even if there was, it would be suspicious. Now I know people would say that yes all questions need to be answered truthfully, just ask yourself. Have you blown through a stop sign (purposely or by mistake), driven over the speed limit, made an illegal U turn, parked where you aren’t supposed to, maybe smoked pot (it’s not legal in federal law). In any of these cases if you were not stopped or ticketed, they could possibly fall under the term “offense”. This could be even more…fought with and maybe slapped a boyfriend/girlfriend but later made up and laughed about it. No one reported and no charges were filed but this is technically domestic violence. Even if somebody may have hypothetically committed a bigger crime, they aren’t required to self -incriminate as per the 5th. So why is USCIS asking this question? I know most applicants answer a No which is wise, but if we go by the above definition almost close to 90% of the people need to be answering yes.
I don’t think it violates the 5th Amendment – you don’t have to answer it. You only have to answer it if you want to become a citizen. In other words, the government can require you to answer such a question when applying for an immigration benefit such as citizenship; whether to apply for that benefit is your choice. Some people may answer yes, but even if you have done something wrong in life, it is not necessarily easy to know if that technically qualifies as a crime, and probably you can find some way to justify that it was not a crime. I guess I agree that it is kind of dumb question, but I have not had a client get into trouble on this question, and so it has not really been on my radar. Take care, Jason
Hello Jason and everyone here
My husband has not received any receipt for the EAD renewal yet..the payment was deducted from the account on January 28 2019
What should I do
I emailed the office thousand times but no response from them
Where should I go in.person to.inquire about it?asylum office or support centre
Please need help on this
If you paid by check, you can get a copy of the check from the bank, and on the back, there should be a receipt number. You can check that at http://www.uscis.gov. Otherwise, you can call the phone number at that same website, and ask if they can help you. The asylum office has nothing to do with the EAD renewal, and so they cannot help. Hopefully, USCIS can. Take care, Jason
Hello Jason Sir,
While filling form i-485 there is question: “Form I-94 Arrival-Departure Record Number” Which I-94 number shall I enter, the one downloaded from DHS website or the one on I-94 card we received at the time of asylum granted?
Thank you so much.
I forget which one we use – I think if the question is referring to the I-94 when you entered, you can use that, but in truth, I don’t think it makes a lot of difference which one you use. Take care, Jason
Guys what is your experience currently with the renewal of the EADs, how long does it take?
We are seeing those take between 3 and 7 months – the time frame is not so predictable. Take care, Jason
Hi to all forum members,
I have a question for the extension timeframe of the EAD renewal process.
Scenario 1:
The EAD will expire in 170 days and I submit a renewal. I get an extension for 180 days from today, meaning that I only got 10 days more from the extension from the original time the EAD was about to expire.
Scenario 2:
The EAD will expire in 170 days and I submit a renewal. I get an extension for 180 days from the 170th day after today, meaning that I my current EAD is extended to a little short of a year from today.
Which scenario is the correct one?
The extension is from the date of you old EAD, so if that expires on April 13, 2019, it is automatically extended to about October 13, 2019. Take care, Jason
Hi Jason. Good morning. I want to say thanks for ur advice. Please can someone with social security ,work permit and pending asylum case get admission to university? Also I just got my social security what is my next step to GC. I need ur advice. Can lawyers from ones church help.
SUSAN, I know you didn’t ask me to respond to your questions. I will share my opinion, anyway.
First, many universities accept applicants with a pending asylum application. How much tuition you’re ultimately asked to pay will depend on the university you apply to, the state or city where the university is located, the state you had lived in for at least 1 year when you applied, etc. An accurate answer to this specific question can’t necessarily be given to you here as there are too many factors to consider. As such, you will have to reach out to each university’s admissions team (you can also Google the university and use key words such as “asylum”, “pending”, “admissions”, etc.) to find out if they accept applicants with a pending I-589.
Second, I get the impression that you are applying for a benefit- asylum in this case- that you do not understand. Or could it be that you are asking questions for different people? Do you have a pending I-589 with USCIS/EOIR? Did you just get your SC and want to know what the next step is in obtaining a GC? If your answer to my questions is yes, then I am suggesting that you read up on the asylum process in the US. If you Google “the US asylum process”, I guarantee you that you will learn how asylum works in the US. Also, if you want to know at what point in the asylum process you can apply for a GC, I am also suggesting that you Google key words such as “asylum” and “green cards”. I promise you that you will find what the next is.
Though you should use it with common sense, Google is a very powerful tool. Use it.
For you convenience, though,see below the USCIS link that explains most of the stuff you need to know about asylum.
https://www.uscis.gov/humanitarian/refugees-asylum/asylum
You should be able to attend university with all that – many of my clients do. Contact the university you want to attend to be sure. As for getting the GC, it depends on your case, so I do not know that. And for the lawyer, many religious groups have non-profit legal outfits that help immigrants – Catholic Charities is probably the largest. They help everyone regardless of religion. They are often busy, but if you can get them to help you, their lawyers are usually quite good. Take care, Jason
Hey Jason , if ones case isn’t granted by the IJ, what’s the worst case scenario that happens?
My IH is next year and I live almost everyday in fear because my lawyer messed up my application and my first interview didn’t go well at all
If your court case, you should correct the errors and explain how they occurred (your lawyer messed up – but also, you may need to take some blame if you failed to review the file or made some other error – usually, if you admit your mistake, they appreciate that). If you lose, you can appeal. The appeals these days are usually taking 6 months to a year, but some are slower. If you lose there, the case is basically done, though you can file a petition to go to federal court. Usually, that is not worthwhile, but sometimes it is – it depends on the case. Take care, Jason
dear Jason, I had this issue on a website of USCIS a week ago when I checked it the asylum receipt number before it was saying your next step is an interview, and today they said the application is pending. i applied on Oct 2016. and had recently applied my work permit renewal. is this good sign that they gonna send me interview letter
It is a good sign, but it is not a good sign if it changed to “pending”, which indicates that an interview may not be coming soon. You might want to email the asylum office to ask about this – you can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
Firstly I want to thank you for your time to write these posts. My question is I applied for asylum in 2012 and my individual hearing was in January 2019, but because of Government shutdown now they rescheduled mine to 2022 summer, can my company sponsorship and apply for GC for me if they want? I am a full-time software engineer and company can do it for me. And second question: is there any way to reschedule and make my individual hearing sooner? Please give me your thoughts.
Thank you,
– John
Dear John
I think for your company to spnsor you for GC you should be in lawful non-immigratin status, since you are in court that is mean you are out of status, so you have to leave the U.S and finish the process overseas, I think jason had an article regarding this matter.
Best wishes
Dear Zac,
Thank you for this information. Much appreciate it.
Best,
– John
You can try to expedite your case – I wrote about that on April 20, 2017. I highly doubt you can get a GC based on your job without leaving the US, and this is very difficult for people in court (and in fact, it may be impossible, depending on the case). There are some exceptions to this, and so you might want to talk to a lawyer, but if you do, be careful – make sure the lawyer explains step by step how you get from where you are now to having a green card, including explaining whether you need to leave the US and how you will do that. I wrote a post that might help with this on August 28, 2018. Take care, Jason
Thank you, Jason. I will take a look that posts and definitely will talk to the lawyer about this case.
Best,
– John
Dear Jason,
Many many thanks for all your helps through this forum. You are one of a great support for us!
I have attended my MCH hearing last week. When I appeared for the court hearing, we get to know that they have two more notices such as new NTA and I-261. But i haven’t received any notice. My attorney try to narrow down the issues, but in conclusion my attorney accepted two of allegation and denied two and conceded the new NTA. When she asked about my NTA, the judge told us that, overstay which is similar to our previous NTA in different version. We requested a expedited hearing date, she agreed and gave me the date in the first week of June. At the end the judge told us that, we will solve the I-261 later.
I am totally confused, are they going to send me new NTA and 1-261( I assume it is very bad) after my MCH.
When I asked my attorney she told me that, the ICE attorney may not enclose the new once to IJ.
I very stressed and confused. Why I wasn’t served with the new notice. when will they serve?
Thank you!
Banu
You are supposed to get a copy of the NTA, and normally, the lawyer can ask to see it (or get a copy at the MCH). If you do not have it, your lawyer can get it by going to the court and reviewing your file (or you can do that – since your attorney would probably charge a fee, this would save money). To arrange a file review, you have to contact the court – follow the link at right called Immigration Court and you will find contact info for your court. Also, if DHS were to be nice (which they sometimes are), they can fax or maybe email your lawyer a copy of the NTA and I-261. It is important to have a copy of those documents. Take care, Jason
Hey Jason,
Your blog is the only source that i use to stay up to date on asylum. I can’t thank you enough.
I have a EAD based on pending asylum application. My EAD expires in 146 days. Do you know if I am eligible to apply for EAD renewal as of today? Or do I have to wait until it is 120 days before my card expires?
My case is currently pending with USCIS.
Thanks,
Tori
You are eligible to apply today – the earliest you are allowed to apply is 180 days before the old card expires (I think it used to be 120, but that was changed). Take care, Jason
Hi Jason,
How it takes for the asylum office to respond to the rebuttal?
Thank you
For a NOID? We have seen responses in days, weeks or months. It is hard to predict. Take care, Jason
I’ve been lucky to have a lawyer who really has done a pretty good job working on my case so far. There were times I felt there was a lack of communication, which is something I expressed to my therapist. But I have so far seen the fruits of his labor: doing my BIO early this year and now my upcoming interview. He is even driving me to the interview, which shows he cares; and we have gone over the case together in addition to getting preliminary copies of it. Even if it doesn’t work out, I could never blame him, because he has indeed done all he can to help me.
I can’t speak for your lawyer, but for me, doing these cases for a reasonable price requires that we do a lot of them. If we could charge more, we could do fewer cases and spend more time/be more responsive, but that is not what the market will allow. Also, there is some sense of mission – we are trying to do something useful for people at a reasonable price, and so we tend to do a lot of cases. It is a balance between making a living, serving a need, and being responsive. Take care, Jason
So, I did my interview today. Wasn’t as nerve-wracking as I thought it would have been. The adjudicator was very careful and thoughtful while asking questions. I can sense there has been some sensitive training. So, I don’t have a clue what the potential outcome will be, but my lawyer was reassuring and thought it went well. Hopefully, I’ll be notified whether I get asylum or not in a month, if not its immigration court next – which I fear.
Good luck, Jason
Hi Jason!! First of all Thank you for all the amazing work you are doing.
My husband is applying for employment base green card and including me in the process. Is it possible to change status if I ever worked unauthorized. Im also an asylee seeker and overstayed my visa. I have one child us citizen under 1 year of age.
Have you had any cases that it was forgiven without being immediate relative of u.s citizen??
If your husband has a lawyer, you should ask the lawyer to determine your eligibility. Most likely, you will need to leave the US to get the GC, but that depends on the case. Also, you may have a bar to return to the US once you leave, depending on whether you spent time unlawfully in the US. Whether the unauthorized employment is a factor, I am not sure. I did a posting on August 28, 2018 that might help, but I think you will need to have a lawyer review the specifics of your case to be sure. Take care, Jason
Jason, I love this piece. It is very thorough and informative. It is clear that much thought and care have been put into this post. I really appreciate it.
Thank you – Also, I worked on a case where the prior attorney lied to my clients (in writing) and stated that she filed a case, when she had not actually filed it. Unfortunately, my clients did not want to pursue a bar complaint, and so I am venting my frustration. Take Care, Jason
Jason, the best kind of expression is when you’ve actually experienced what you’re writing. I could have sensed that you experience(d) tons of these cases (in)directly.
Hey Jason, I have a few concerns that I need some clarity on:
1. When I filed my EAD application last year, the USCIS made a big mistake by creating a duplicate application. I was never aware of this mistake because the two receipt numbers were almost identical expect for the LAST digit. Unfortunately for me, I was only checking the receipt number that had been duplicated so I was getting the incorrect status update. One day I checked the duplicated number and saw that my EAD application had been denied; of course I literally pooped my pants and was wondering why they would’ve denied it. I gathered all my papers and went through them thoroughly and stumbled upon the mistake and quickly entered the correct receipt number and there you have, my EAD card was on its way. I got two letters from the USCIS, one stating why one of the EAD application was denied (due it being a duplicate) and one stating the approval of the EAD.
2. I recently tried to change my address through my lawyer (on the website) and we got back a response from the USCIS stating that they didn’t recognize my lawyer as the attorney on record so they will not proceed to change my address. AND they had PRINTED my A-number incorrectly, of course only one degit was wrong again. Instead of correcting the mistake and reprint the letter, they instead used a red ink pen to cross over the incorrect A-number and rewrote the correct A-number with that same pen; very unprofessional if you should ask me.
Anyway, my later had to mail in her prof of G-28 along with the change of address form again.
It’s pretty obvious that the USCIS is far from perfect and they make serious mistakes. With that said, I want to be proactive with the change of address that I submitted. I initially filed in NY and with the new change of address I know for sure that my case should/will be moved to the NJ office.
My questions are as follows:
1. Will the NY office send me a notice that they’ve sent my application to NJ?
2. Will the NJ office send me an acknowledgement of receipt?
3. How long does a change of address takes? (When you’re also changing asylum office)
3.1 What is the process usually like for changing asylum offices?
4. With the many errors in my case, is it possible that the USCI could have my entire application as duplicate (with different l-589 receipt numbers)?
Thanks for reading such a long comment and I anticipate a detailed response as I do not want to encounter anymore problems. If I can prevent a problem, I will. Thanks again for your continued hard work! It’s really appreciated.
1 – No. 2 – Nope. 3 & 3.1 – It is immediate, but I think your question is, when will the case arrive in NJ? That, I do not know, and I am not sure that the file physically moves. Once the interview is scheduled, the file will be brought to the office for an interview – hopefully the correct office. You can email the NJ office to ask whether the case has been transferred – you can find their email if you follow the link at right called Asylum Office Locator. 4 – I doubt it, but you could email to express your concern. I doubt they would respond to such a question, but when you get to the asylum interview, you can mention it to the officer. Take care, Jason
Good morning Dear Jason and all,
I have applied for EAD renewal on January 5, 2019 but not received my new EAD yet. My EAD is expiring in 20 days and I am frustrated with renewing my driving license. I use my car for work. My question Is it possible to renew DL with work permit extension paper in case my EAD is not sent out on time?
Thanks,
The receipt for the new EAD extends the old EAD by 180 days (it is written on the receipt letter). That should allow you to extend your license. If they refuse, ask to talk to a supervisor. Renewals are moving slowly – it could take several months to get the new EAD. Take care, Jason
Thank you Jason for your wisdom.
What if the lawyer dumped you in the middle of your case (just going before IJ) because the applicant is separated (in marriage) with spouse (who is also a derivative)? Is this right, can a lawyer do this, even after being paid thousands of dollars?
If the lawyer has represented both spouses, and now there is a conflict between the two spouses, the lawyer is prohibited from representing one spouse without the written permission of the other spouse. In lawyer-speak, he is “conflicted out” of the case. In this situation, the clients are entitled to a refund of any unearned fees. Take care, Jason
Thank you so much Jason! I am sorry but I have to ask another question.
My other question will be: can another attorney represent them together for the purpose of going forward with the asylum process (ofcourse with both of them consenting)? Or can each spouse go before the IJ with separate attorneys (two now)? In short, can they still continue the asylum process together (because their children, now adults, over 21, are included)?
Yes, it is complicated and I not find answer yet. Please your help is appreciated. God bless you for all you do!
It depends on what they want. If they agree to continue with the same attorney (and probably put that in writing), they could continue with the lawyer – The lawyer is able to represent them both if that is what they both want. Otherwise, they could each get a new lawyer or (if they both agree), one of them can keep the old lawyer and the other get a new lawyer. In short, this is their choice, as long as they both agree. Take care, Jason
Jason, you are a life saver!!
I am sure you know by now this imaginary couple is me and my estranged husband and 3 adult children.
So, you’re saying we can both continue with same asylum process with one attorney or 2 different attorneys representing each of us without it affecting our case or giving a wrong picture to the IJ? And will the reason for our separation be a question before the IJ and can the IJ use it as ground for denial?
Thank you thank you!
As long as you both consent to the representation, you can continue with the same lawyer. However, if you and your husband are legally divorced, whoever was the dependent spouse would need to file his/her own I-589 form. Whether it will somehow give a negative picture to the judge, I do not know. It depends on the case, but I doubt there would be a negative effect. Talk to the lawyer (or lawyers) about case specifics to get a better idea about that. As long as you are both able to get along and don’t speak badly about each other in court, I think there will not be a problem, though you may need to explain your current situation – they can ask about that. Take care, Jason
Hi Jason,
Can an expert witness write a report about my case without hiring an attorney?
Thank you
Yes – you can submit such a report in the same way you submit other evidence (I wrote about evidence in general on April 18, 2014). Take care, Jason
Good evening. Thank you for the comments and guidance so far, it is well appreciated. Our EAD expires in about 3 months from now. Can you please clarity on how to renew the EAD and its associated fees. Our EAD was granted as C8 since we are still waiting for an interview date. Your feedback will be most appreciated.
I cannot give specifics, but if you check the form I-765 instructions (available at http://www.uscis.gov), it tells you what to send. You can file to renew up to 180 days before the old card expires. In general, you include proof of the pending asylum, copy of the old card (front and back), 2 passport style photos, and the filing fee of $410 (check to “Department of Homeland Security). If you have been arrested, you need to include evidence of that. Also, check the instructions to be sure nothing else is needed in your case. Take care, Jason
Hi jason, my EAD sill valid till august 2020, i was arrested back home because of my political opinion, i dont have any evidence to prove my detention time ( and i clarified that in my asylum case), so the questuon when the time comes to renew my EAD, what shall i do regarding this question?
I wrote something about this on March 5, 2019. I think you will need to provide a brief explanation of the arrest. I doubt it will have much effect on the EAD application, as many asylum seekers have political arrests, but I do think it is safer to mention it, than to risk being accused of hiding it (by not mentioning it). Take care, Jason
Hi. i granted Asylum by IJ last year.i applied for my Family in my Home Coutry( i730 form) 9 months ago and not approved yet.i am political worker and working to get freedom from a country. My family is in danger.My all family members will get approval hopefully but one over 21 years boy is not eligible for i730 now.
My Question is:
1. How more time will take to approve i730 form for my family?
2. How can my over 21 years son can apply for usa Asylum from my country? is he eligible to file Asylum from my home country or go to third country and apply from there to usa?
Plz guide in details.Thanks.
1 – The I-730s seem to take less than a year, but the timing is not so predictable (it used to be faster). Once that is approved and sent to the embassy, it takes a few months usually. 2 – He would have to be in the US to file for asylum. If he was under 21 at the time you filed for asylum, he would be eligible to benefit from an I-730, even if he is over 21 now. Unfortunately, for children who were over 21 at the time the parent filed for asylum, they are not eligible for the I-730. If he can get to the US, he can apply for asylum here. Otherwise, once you have a green card, you can petition for him, but that process takes years. Usually, the best bet is to find some way for him to come here, such as a student visa or work visa. Take care, Jason
Hi Kalid,
Hope you are doing well. I am also in same boat my case referred to IJ. I’m super scared what they ask how should I prepare myself!! I’ll really appreciate if you could guide me for that.
Thanks
SC
If the case is in court, you are better off with a lawyer. If you cannot afford a lawyer, I did a post about finding free help. It was on September 22, 2016. Take care, Jason
Sure i will,in detail too.plz contact on my e mail: mashalahmedmughal@gmail.com
Sadly a large percentage of immigration attorneys suck …of course Jason you are an exemption…
I meant to say you are an exception Jason…my apologies
Just as every child has someone who thinks she is beautiful, every immigration lawyer has someone who thinks he sucks. Me included, I am sure. Take care, Jason
Hi Jason,
My attorney advised me and my wife and filed two very expensive waivers that were not needed for our case. My new attorney said that the waivers were not needed, but I don’t qualify (based on Adjudicator’s Field Manual) for a refund from USCIS because they didn’t advise me to file them but instead my lawyer advised me to file them.
What is your opinion, can I request a refund for these forms? It is logical to request to withdraw these forms and request a refund.
I highly doubt you can get a refund from USCIS. You may want to ask your first attorney why he/she filed the waivers. You may have more luck getting a refund from that lawyer than from USCIS. Take care, Jason