By now, you’ve probably heard about the massive, coordinated ICE raids in Mississippi. About 680 people were arrested at seven agricultural processing plants. According to ICE’s acting director, Matthew Albence, some of those arrested will be prosecuted for crimes, others will be swiftly deported, and some will be released pending immigration court hearings. Mr. Albence states, “The arrests today were the result of a year-long criminal investigation, and the arrests and warrants executed today were just another step in that investigation.” How many of those arrested were actually criminals, and how many were “collaterals” (people who were not targets of the raids, but were encountered and arrested due to their unlawful immigration status), we do not know.
The raids are supposedly also targeting the companies that hired these “illegals.” The U.S. attorney for the Southern District of Mississippi, who was involved in the ICE operation, warned: “To those who use illegal aliens for a competitive advantage or to make a quick buck, we have something to say to you: If we find you have violated federal criminal law, we are coming for you.”
As we know from prior large-scale raids, the implications of arresting so many people are deep and long-lasting. Probably the most famous example is the 2008 raid at a Kosher food processing plant in Postville, Iowa. Almost 400 people–mostly indigenous Mayans from Guatemala–were detained. Many were charged with crimes such as using a false Social Security card. They were given a choice: Plead guilty and accept deportation, or go to trial. Going to trial was risky, and would result in many months of detention, even for those who were ultimately acquitted (since unlawful immigrants can be held in detention pending a criminal case). The result: Most people chose to plead guilty and accept deportation. A number of people in management were also charged with crimes. Only one–the owner of the plant Sholom Rubashkin–served any significant jail time, and that was for financial fraud (he had also faced charges for immigration-related crimes, but those were dropped). After eight years in jail, Mr. Rubashkin’s sentence was commuted by President Trump, purportedly after the intervention of Trump sycophant Alan Dershowitz.
The effect of the raid on the town of Postville and the wider community was profound: Children stopped going to school, families were separated, several hundred people were tried, convicted, and deported with little due process of law, the food processing plant–the town’s largest employer–closed for weeks and eventually declared bankruptcy, and a study of the long-term health effects of the raid showed that “Babies born to Latina mothers after the raid were 24 percent more likely to be underweight than infants born the year before,” presumably due to the stress and fear the raid engendered. Ten years later, the town had mostly rebounded, but memories of the raid–and the trauma–live on.
I imagine that noncitizens in Mississippi and across the nation will experience similar impacts as a result of the recent ICE raids. The psychological harm is compounded by the Trump Administration’s vicious anti-immigrant rhetoric, as well as the mass shootings in Pittsburgh and El Paso, which were seemingly perpetrated by men opposed to the foreign “invasion” of our country.
What will happen to the men, women, and children affected by the recent raids is still not known. Some of those detained likely have defenses to deportation, such as asylum or Cancellation of Removal (assuming their due process rights are not violated and they have an opportunity to present their defenses). Several of the people arrested during the Postville raid cooperated with the authorities in the criminal investigation and obtained U visas. Perhaps some of those affected by the raids in Mississippi will be eligible for such visas as well.
Family members of those detained–especially children–will also face severe challenges. After the Iowa raid, many children went into hiding or were traumatized by the sudden absence of their parents and the fear of their own pending arrest. Churches and non-profits stepped up in Iowa, and I imagine we will see similar efforts here. Whether ICE has made arrangements for detainees’ children, and whether they will release non-criminal parents in their custody, is still unclear (ICE has indicated that such people would be released after an initial screening).
Part of the problem in this regard is trust. It is impossible to trust what ICE says. For example, one of the detainees in the recent raids has a 12-year-old daughter named Angie. The child was brought to the scene by a family friend in order to say goodbye to her mother. The following exchange with an ICE agent ensued–
“Here’s the deal, all right,” an agent says to an English-speaking woman accompanying Angie. “She [Angie’s mother] just went. Her mom got on the bus. We took her mom’s documents, all right. She’s going to be processed, because she doesn’t have papers to be here legally.”
But “because she’s the only caretaker of the child,” the agent continues, “she’ll be released this afternoon. So with [Angie] being a U.S. citizen and being 12 years old … she’s going to be issued a notice to appear, she’ll have to see an immigration judge, she’ll be released this afternoon.”
“Today?” a woman asks.
“Yes, yes,” the officer responds. “But I’m going to tell you something, she’s not going to be deported because she has a United States citizen child.”
As of Wednesday night, the mother had not been released.
This is the type of behavior we see all the time from ICE agents. They give assurances to defuse the situation or end a conversation, but those assurances are false. They also pass the buck–in this case, it is not the ICE agent’s problem, the mother will have to see an Immigration Judge. I get it–law enforcement officers want to de-escalate tense encounters. But the frequent lying makes it impossible to trust anything that ICE agents may say.
Finally, I do understand that ICE agents have a job to do, and that people who are here unlawfully can be deported. That is the law. But this raid–with its helicopters and military-style trappings–seems designed for propaganda purposes. In the context of the times, I fear that the effect on our country’s noncitizen and minority community members will be traumatizing and frightening. I also can’t help but feel that that is exactly what ICE wants.
Jason its almost 16 months of waiting for asylum based green card from texas service center..several enquires and expedite request denied.
please what are the timeline you seeing recently from your wealth of experience?
Most cases we see move faster than that, but my guess is that you are still within the “normal” processing times (you can check that at http://www.uscis.gov). If you are outside the processing times, you can call USCIS to inquire. You can also make a request with the USCIS Ombudsman – a link is at right, and they sometimes help with delayed cases. My impression is that 16 months is still “normal” and that the delay is not enough to trigger action by the Ombudsman, but you can still try to push them on the case. You might also try your Congress person’s office. If all else fails, you can try a mandamus lawsuit – we wrote about that in the asylum context on October 2, 2018, but the idea is about the same. Take care, Jason
Good evening! Firstly,I’d like to ask if there any news from Chicago. Secondly, I have troubles checking my case status online. It’s not showing me anything. Do you know anything about it? Thanks.
No news from Chicago. Last I heard, they were processing most new cases relatively fast, and as far as I know, that is continuing. I do not know how quickly they are interviewing backlog cases. As for your case status, you can check that at http://www.uscis.gov. If it is not working and if you have the receipt, it is most likely a problem from their end, and so you can check back again later. If you are worried that you might be missing an interview, contact them directly. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks for your help Jason. I have a question that can I file my I-485 application to NSC location even-though my zip code come under the TSC location ?
You have to file at the Service Center with jurisdiction over your case (for a first-time asylum application) – you do not have a choice about that and if you file at the wrong location, it will cause problems. You can check your filing location if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason, I am presently in immigration court and my case has been referred to 2023
My wife filed her asylum and it’s been 80 days now yet Know interview
Please can you advise or with experience shed more light on this
If you win, you can file an I-730 for her, and if she wins, she can file one for you (so you will both get asylum). I would suggest that whoever has the stronger case tries to expedite. I wrote about expediting in the asylum office and in court on March 30, 2017 and April 20, 2017. Take care, Jason
Hi- My Asylum case was approved in January 2019. Then I applied for Asylee Travel Document to meet my family in a third country (NOT Original) like Turkey. My father has Alzheimer, first steps, with high depression. And recently he was in the hospital for two weeks!
After 6.5 month my Travel Document is approved. (officer denied my case , I didn’t receive any letter, reopened it)
First of all, is it dangerous for asylee to travel to a third country with all trip documents to show where it was?
Second, if I travel for 10 days, when I want to apply for GC after a year, should I add these 10 days to the date of my Approval to make it 1 year being in US?
P.s. I am working with government sector and have been in US for almost 7 years.
Thanks-
1 – It should be fine. Not all countries accept the Refugee Travel Document, and if not, you may need to use your passport, but if you have a valid RTD, you can re-enter the US. 2 – Yes. If you leave for 10 days, you should wait 1 year and 10 days before applying for the GC. Take care, Jason
Can I send expedite request by email?
It may depend on the office, but I routinely do that, and have done it in Virginia, New Orleans, Chicago, and Newark (and maybe other offices, but I do not remember). Take care, Jason
What about Houston TX office, can I email my request to expedite interview?
I do not remember, but certainly you can try. If they do not accept email requests, they should tell you. Take care, Jason
Dear sir
I want to expedite my case in Newark. I applied in April 2016 . My wife is depressed now and i dont have medical so i cant take her anywhere for therapy. I have two kids they also scared when my wife behavior changed due to sickness. Now how can i expedite my case please if someone can guide me where to contact please
You can find the contact info for Newark if you follow the link at right called Asylum Office Locator. I wrote about expediting on March 30, 2017 – maybe that would help. Provide some evidence of her health issue. A doctor’s letter is preferred (and if you look around, maybe you can find some free or low-cost help), but you or she can also write a letter explaining the problem and explaining why expediting the case will help improve her situation. Take care, Jason
Hi Jason
I have question
I’m granted asylum and I want to apply for green card based on my Asylee on January 2020
USCIS add new form I-944 that we have to send with I-485 form
I have medical insurance , when I arrived to US ,I appleid for that but I didn’t use any food stamp or other things
I have good income and good Credit score and I saved more money because I work every day more than 10 hours .
Do you think that they deny my green card?
Because I have good Credit score , good income and I paid more tax but I have medical insurance ?!!!
The new rules do not apply to people with asylum, so you do not need to worry about this. Take care, Jason
Hi Jason, Thanks for your continous support
I have 2 questions:
1- i was granted asylum and my green card application have been pending for 18 months now and i havent heard anything other than it was transferred from one office to another 14 months ago and nothing since then ,any idea how long more should i wait ? i see the processing times is up to 27,5 months but i also see people get it in 6 months ! is there anything i could do to get it expedited or get a decision soon ? how long more i should wait its taking forever !
my second question is , i renewed my EAD with the a05 category “asylum granted” and my card came valid for only 1 year ! shouldnt it be for 2 years ? is this a mistake that i should fix or this is how the A05 renewals are ?! for 1 year only not 2 years
Thank you
1 – Processing times are all over the map, so I think there is nothing unusual about your wait (even if the wait is super annoying). You can call USCIS at 800-375-5283 and ask to expedite. If you have a decent reason, maybe they will try. 2 – I always forget the time frame. Maybe it is just one year, or maybe someone else here can answer that. If you are calling USCIS anyway, maybe you can ask them about the EAD as well. Rules on this keep changing, but it seems that now, if you have your I-485 receipt, you can file to renew your a-5 EAD with the I-485 receipt and no additional cost. Double check the I-765 instructions about that, but maybe at least it is a way to save money if the GC is still delayed. Take care, Jason
Hey there I’m in the same boat. Same timeline for 18 months we are waiting. and 13 month ago case was transferred to another office . Since there didn’t hear a thing from them.
Hi Jason,
My case had been referred to court and i have my individual hearing late September this year. I wanted to ask – will i get the decision at the time of the hearing or later ? They referred my case because of the one year deadline. They agreed to schedule shorter trial (2 and 1/2 hours) and when i talked to my attorney- he says that he had all of his clients get a mail out in the past and doesn’t necessarily means it will be a bad decision. What are your thoughts on getting approved/denied at the individual versus mail out ? Does it have any differences in the outcome?
Thx!
Most judges I know try to give a decision on the same day, but sometimes they do not have time, or they believe a written decision is necessary. Also, I suspect that some judges prefer to mail a decision rather than have to look you in the eye as they deny your case, but that may be just my impression. In your case, it sounds like you really need to focus on overcoming the one-year bar, so hopefully, you are working on that. Good luck, Jason
Thank you Jason. Do you think it’s a good thing they gave me shorter trial time ? I know they are usually scheduled within 4 hour blocks. I have proof RE the one year deadline issue as emails with people that mislead me into thinking i had a pending case when they just took my money and left. I don’t know if it will be a strong proof as my attorney thinks it was not filled within reasonable time after all. He will schedule a lot of sessions so we can get ready together and he says that the judge will probably want to look into case law to determine if my reason was good enough to be forgiven, that is the reason why he says it will most likely be a mail out so the judge looks at cases similar to mine and to be able to make a decision based on that. Have you seen any particular luck with such cases (one-year) and shorter trials ? I know they will go over the case as i never went to asylum interview before and will treat the case as brand new. Have you seen such cases not concentrating too much on the case but more on the actual issue? I want to mention in the decision from the office, the officer had written that she found me credible for past and future persecution. God bless!
The answers to your questions really depend on the judge and the trial attorney. Some will simply agree to asylum if they think you overcome the one-year bar; others will want to hear the entire case. It depends. If there is case law that is in your favor, your attorney should give that to the judge (usually in the form of a legal brief). You should not rely on the judge to do research for you – that is the lawyer’s job. Hopefully, your lawyer will be submitting such information. As for the time frame, I would not read much into that. The time frames are flexible, and 2+ hours is often enough time to complete an asylum case. If not, judges routinely go over the allotted time. Good luck, Jason
Hope you have received your approval, can you please guide me for individual hearing? I will remain grateful for this. Thanks
I did a post about preparing for the individual hearing last week, and I will do one about the individual hearing in the coming weeks. Maybe those will help, but for most people, it is important to have a lawyer to help with these cases. Take care, Jason
good morning jason
as you know and most of your read my comment before i would like to share my timeline
apply Sep 2016
got my work permit Jun 2017
expedite my interview on mai 2019
send me an interview notice on July 2019
beginning of August 2019 did my interview
approved on 9 august 2019
received the letter on 12 august 2019
i m happy wish you all good luck and i have to advise you get lawyer a good one and make sure you knew what you write down on a statement
Congratulations Asylumko. Can you please tell me in which office you did your interview and the reason of expedition. I requested an expedition at Newark since April but they did not give me any answer yet. Also did they approve first and send the interview letter later or they just sent you the interview letter straight?
Your response will be helpful. Thanks
If you have not heard from Newark since April, try emailing them to ask about the request. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you for reply Jason
The truth is that I emailed them twice. The first time they said that my request was on “the expedited review list” and I should reach back to them in 30 days if I don’t get any decision. The second time I emailed them ( after the 30 days) they said that “the scheduling officer has been notified and that I will received a notice in the mail when my interview is scheduled”. They did not clearly stated if my request was approved or denied and I don’t if the answers they gave me make sense. I am so confused now
Let me share my experience if that helps you Nema.
I filed Asylum Application (Newark Office) in April 2016 and tried to expedite my interview in March 2019. My reason for expedite wasn’t very strong but I wanted to give it a chance. I received interview notice right right after 6 days of expedite request. I was shocked and surprised but it worked. Then I did my interview and got recommended approval after 2 weeks, and eventually received final approval in about a month. so I don’t know how are the working on your request but mine was pretty simple and fast.
Newark office is pretty good with expedite requests and also handing out recommended approvals.
Good luck
Thank you very much Asylum Khan for your kind reply. I also filed in 2016. I hope they will send me a notice for interview soon.
It sounds like they are at least aware of your situation. Maybe email them again 30 days after the most recent email and (politely) remind them that they had indicated you were on the expedited review list two months earlier. By the way, this sounds to me like you are on the list to expedite your case, but it is difficult to read much into their messages when they are not 100% clear. Take care, Jason
Congrats!🍾🎈🎊I really enjoy when my friends in the same boat win their case .
Can you say which office you filed?
Congratulations and thank you for sharing this. And welcome to the USA! Jason
Hi Jason. I applied for EAD renewal 5 months ago. USCIS sent me the notice of acceptance. I was waiting for the card itself and now the website shows ‘On May 31, 2019, we mailed your new card for your Form I-765, Application for Employment Authorization, Receipt Number xxxx, to the address you gave us. If you do not receive your card by June 15, 2019, please go to http://www.uscis.gov/e-request to request that we send your new card to you’. USPS lost the card. I filed the request but got a reply it was delivered to me. I talked to tier 2 management they say apply for new card. Is there anything else I can do to save 410 dollars? Why don’t USCIS send the card with certified mail? It’s a rhetorical question
I am not sure what to do, but at least you should get safer address – maybe a PO box. Can you think of anyone who might have taken it? Otherwise, you could try to argue that the mistake was from USCIS and that you should not have to pay the fee, but I doubt that would work. The other issue is that I am not sure that they will easily issue a new card given that they think the first card was delivered to you. You may want to call them again to see whether they can give you any guidance on this point. Otherwise, maybe in the cover letter, explain what happened and that you talked to USCIS who told you to send a new I-765 (if you have any confirmation of the call – sometimes, they send a letter or email when you call – you should include that as well). Good luck, Jason
Hi Jason,
Based on what I can read on my online account, my case has been transferred to my local office on July 29. However, I haven’t received any letter in the mail yet. How should I contact the local office? I called to USCIS and the guy said that the local office is not accepting any appointment.
Is there a way to get some information about the progress of the petition at a local office? So much frustrating!
I am not sure why they tell you such info, as it seems to be basically meaningless and just involves internal transfers of the case. I guess it at least shows that something is happening. I think there is nothing to be done about that, and you cannot predict the time frame to hear from them. If you want to try to expedite, you can call USCIS to request that, but otherwise, I do not think there is anything to be done. Take care, Jason
Hi Jason
I am filling up my work authorisation form for renewal.
My work permit is expiring on 11/9/2019. that is in November.
Am i good to send the forms in the next 3 days and wait for my renewal?
Do they sometimes give waiver for the fees or do we have to pay for it. Me and my husband both work however the last few months have been diffcult with funds.
Do you think if we apply for waiver they would deny application or question us further ?
Please advice.
Thanks
You can send the renewal up to 180 days early, and so the sooner you send it now, the better. The fee waiver is form I-912, available at http://www.uscis.gov. If you qualify, you can try it. Whether this will cause some delay in processing, I am not sure. Also, if you do not qualify for it, and they deny the fee waiver, I do not know whether they reject the whole application or whether they simply request the fee (presumably, if you have to start all over, that would create much more delay). Maybe someone else here has seen that. Once you get a receipt, your old EAD will be extended for 180 days, so that will help, but If you are worried about losing your job because your EAD expires, you might want to consider paying the fee, just to be on the safe side. Take care, Jason
Hi Jason,
I have pending asylum case and waiting for interview for four years. I have plan to marriage with my us citizen fiance. I have never used any public benefit since i came here, but I don’t have source of income here. I have asset and property here and in my country. do you think they will consider me as public charge during my adjustment status? I went to college here and have engineering degree from my home country.
I doubt you will have trouble. And anyway, your spouse will need to file an affidavit of support, I-864, which shows that your spouse earns enough or has enough assets to support you. Take care, Jason
Hello Jason, I have a question for you. The date of asylum approval letter is Oct 18, 2018. And in the first beginning it says as of 10/03/18, you have been granted asylum in the United States pursuant to section 208…
I know I can only apply GC after one year of my asylum granted, but I’m not sure what’s the first date I can apply, whether Oct 18, 2019 or Oct 03 , 2019? My friend says it’s Oct 18, but I think it’s Oct 03. Can you tell me which one is correct please? Thank you very much!
It is the date in the body of the letter, not the top – so October 3. However, if you left the US, you need to add time on to that. For every day you left the US, add one day to the date when you can apply. So for example, if you left the US for 10 days, you can apply for the GC after October 13. Take care, Jason
Thank you for your reply. I didn’t go outside the United States , so I don’t need to add any days. May I ask is Oct 3 the first day I could send out my GC application at USPS or should I wait on Oct 4? I just wanna send out my application asap since the rules are getting tougher and tougher these days. Thank you very much!
I would err on the side of caution – if you send it too early, USCIS will reject it, so it is better to wait a couple extra days rather than risk rejection (which will probably cause a couple months of delay by the time they send it back). Take care, Jason
I don’t understand why would they reject it because of too early since I wait one year after granted. Do you think waiting three extra days would be safe enough? Are you one hundred percent sure they start counting one year from the date in the body of the letter, which is on Oct 3, 2018, rather than the notice date of Oct 18, 2018? Thank you!
The date in the body of the letter is the date that asylum was granted, so that is the date you count from. If you wait the full year (plus extra days if you left the US), you should be fine. Take care, Jason
mr Jason
any update from chicago office?
its been one year since i did the interview
Same for me too, its been over a year. No response yet
yes man i feel like im dying
god bless us
You can contact them and inquire – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Mr jason thans for much for helping our community. I have a question I recently moved for a new state and changed my address. Got my interview notice after expediting. I still hold my previous state’s license since I just moved here. Will I have trouble when I go to the asylum office and show them my ID from the state that I am not currently. I know this confusing and hope you can help me!
You will need to explain why you have the old license. If you can get a new license, that would be better. If not, bring some evidence of your new address, such as your lease agreement, some bills or other documents showing your address. If they think you are lying about your address, they may think you are lying about your case, and so you want to avoid that problem by providing evidence if they ask. Take care, Jason
Mr Jason , I have a question . How do I transfer a case from a one office to another state’s office? Do I just file form ar and that is it or what else do have i have to do to ensure this gets done properly and nothing gets lost. Thank you.
Change it immediately!! I was stopped for a random traffic stop and they took me to court because I didn’t update my ID. I had to pay a 480$ penalty. There is a little known rule that you have 10 days to update your ID with the state. I learned this lesson the hard way, so be ware!
If you file the AR-11 case, this should automatically transfer the case to the new office. However, you should probably also contact the asylum office directly to ask about the transfer, since the system does not work too well, and it is better to double check (but since the offices generally do not keep the physical file on site, it may be that nothing actually gets moved until it is time to schedule the interview). You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
How often we can make case enquiry to asylum office? is it 60 days or 90 days. I once received an email warning to not to send repeated requests in a short period of time. Just want to be careful this time. Thanks!
I know of no such rule. I think it is a waste of everyone’s time to inquire too often, and I will not inquire for clients more than once in 90 days (or longer), as the inquiries are pretty useless anyway. But I think there is no rule, or if there is a rule, it probably varies by asylum office. I think if you inquire once every 60 days, that is not so much (though I have little faith that such inquiries help). Take care, Jason
Mr Jason , any updates on Miami office? I am almost waiting 6 years . This is crazy. thank you
The last data I saw, I posted on June 12, 2019, but it is very slow there. You could try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hello Jason,
Thanks for your continued help. I just read the NYT article on the new rule on public assistance and how it relates to future immigration benefits. Hopefully after you read it you may help but two quick questions.
Will this affect people who are to change their status in the next 60 days?
What would you advise as immediate action on those residing on government subsidized housing to avoid losing immigration benefits.
Thanks
Hi Asylee
If you are an Asylee, the public charge bar does not apply to you as per congressional mandate. It’s clear in that document as well. However, if you use public benefits for 12 months (using 2 benefits in a one month counts as 2 months) and you do not get asylum and later want to adjust in some other category, it may lead to issues in your case. This is my opinion based on the document.
Thanks a lot Cheva, the clarification helps and i just read through the USCIS website that the rule doesn’t apply to asylee. It’s a big relief
I have not read the rule yet, and so I do not know. When they proposed this rule, it was written so as not to affect people with asylum. The new rule sounds broader, but I have not yet seen it, so I cannot say. Various non-profits will be providing guidance soon, and maybe I will post about it too, but I do not think that will get done in the next couple weeks. You might Google American Immigration Council or Catholic Legal Immigration Network, as one of those groups may post about it. Take care, Jason
Jason, according to page 25, paragraph 2:”DHS has revised the public benefit definition to clarify
that DHS will not consider any public benefits received by an alien during periods
in which the alien was present in the United States in a classification that is
exempt from the public charge ground of inadmissibility or for which the alien
received a waiver of the public charge inadmissibility ground.”
Also, on page 128, paragraph 4 (where the public comments are “analyzed” and responded to), one of the commenter said that “…the rule would violate international refugee law. Another commenter suggested that the rule would discriminate against individuals waiting for their asylum applications to be adjudicated. Other commenters noted that the rule would be a violation of, or is
inconsistent with, various international agreements such as the Universal Declaration of
Human Rights (UDHR), the 1959 Declaration of the Rights of the Child, the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), and the International Covenant on Civil and Political Rights (ICCPR). A commenter stated that treaties that have been ratified “should be considered as being Constitutional Amendments under the Supremacy Clause.”
DHS’ response to the commenters’ concerns (Pages 129-130):
“DHS rejects the comment that this rule would violate the United States’ international treaty obligations relating to refugees or that the rule discriminates against individuals in the United States who have asylum applications pending on the effective date of this rule. As noted in the NPRM, this rule does not apply to asylum applicants, those granted asylum (asylees), and those seeking to adjust their status to that of a lawful permanent resident based on their asylee or refugee status. Applicants for asylum are not required to demonstrate admissibility as part of demonstrating their eligibility for asylum. Additionally, while asylees who travel outside of the United States are examined for admissibility upon returning to the United States with a refugee travel document and are admitted as such if admissible, asylees are not subject to the public charge inadmissibility ground when seeking readmission as an asylee. Similarly, asylees and refugees who are applying for adjustment of status are not subject to the public charge inadmissibility ground under section 209(c) of the Act, 8 U.S.C. 1159(c).149. Because the rule does not apply to or otherwise impact asylum applicants,
asylees, and applicants for asylee or refugee adjustment, the rule does not violate international treaty obligations relating to refugees, to the extent those obligations are
applicable.
DHS also disagrees that the rule would violate international treaties such as the CERD151 and the ICCPR152 or that it would be inconsistent with non-binding instruments such as the UDHR153 and the 1959 Declaration of the Rights of the Child. First, the rule is not inconsistent with those treaties and instruments. As discussed above, the rule does not prevent anyone subject to the public charge ground of inadmissibility from applying for and receiving any benefits for which they are eligible, including benefits related to food and nutrition, housing, and healthcare, and basic social services. Additionally, to the extent that this rule does have a negative effect on those from particular groups, it is not DHS’s intent, in issuing this final rule, to target aliens from certain countries or of a particular race. Instead, DHS’s intent in codifying the public charge inadmissibility rule is to better ensure the self-sufficiency of aliens who seek to come to or remain in the United States.”
I am sharing this piece of information for those who are concerned. I will continue to read through the entire document. I am currently at page 135.
The document is something like 830 pages long, and so I admire your fortitude. To me, the rule is a solution in search of a problem. The evidence is clear that – despite the Trump Administration’s effort to suppress such info – immigrants contribute more to the overall economy than they take. The purpose behind the rule is to block immigrants from coming here, and based on a mountain of evidence from this Administration, it is clear that they want to block certain types of immigrants in particular (hint: it is not Norwegians). It is also clear that asylees and refugees are not affected. This is not because the Administration respects humanitarian law, but rather is because the statute explicitly exempts such people from the public charge requirement. Since the Administration has been unable to actually change the law (despite two years with a Republican Congress), they are left to fiddle with the regulations in an effort to harm immigrants. The effect of all this may be less than they hope, but we shall see. Take care, Jason
Jason, well said! Haha
Hello friends,
My case was referred to Immigration judge about and court send me a letter for Master hearing in May 2020, after a month I received a second letter which says my hearing is in July 2019. I went for Master hearing. IJ give me date for individual hearing in July 2021 after two years. But in same days my friends received a closer dates in 7 months for individuals hearing.
Secondly I recently received a notice for second fingerprints ASC appointment a notice. But my other friends did not receive any fingerprints notice after their Master hearings. His Master hearing was only 12 days early than me.
So I am bit confused about these dates , secondly my second time fingerprints. Please if you have any information about this. I am worried what’s happening with my case
I would not worry about any of this. Cases get scheduled in ways that logic cannot understand. Also, the same is true for fingerprints. I think there is nothing to worry about in terms of these things, and you really cannot compare your case to another person’s. Just attend the appointments, prepare your case, and hope for the best. Take care, Jason
Mr Jason , I hope you can give me some light on this. My case has been pending for interview for almost 5 years . I have expedite 2 times and they deny it. I am mentally drained. If I move to an office that has less cases , will this help speed up? meaning that there is a new scheduling system , will the case transfer be seen as a new case and therefor get a quick interview? also if one transfers a case what do they have to do? and can a case get lost ? seeing that USCIS is not very efficient nowadays. Thank you.
I think there is a possibility that that would work. I did a post on June 12, 2018 listing the “fast” offices – if I remember correctly, they are LA, Newark, and New Orleans. We did an expedite request in New Orleans recently that was accepted and scheduled very quickly (we are still waiting for a decision). So it may be that if you transfer your case to a fast office, you will have a better chance of expediting. However, the fast offices change (for example, LA used to be the slowest office), and so there is some risk that you will transfer the case and then still be unable to expedite. Nevertheless, I guess you can try and see what happens. Good luck, Jason
Hi Jason.i am Asylum granted.i applied for my family in my home country by i730. 13 months passed but not granted yet.when i see online at uscis that TX srevice center taking 11 to 15 months time to grant. Why so late? i am political worker and my family is i danger.What i can wait more?
You can call USCIS at 800-375-5283 and ask them to expedite because your family is in danger. That may help. But your case is within the normal processing time – everything is moving slowly. But maybe a call will help. Good luck, Jason
Thanks. Can i go and ask him to write to uscis for expedite?will it help?
I mean congress man of my area.
Sure – It is possible that this would help, you never know. Take care, Jason
There is no harm in trying. It may be easier to call, but you can also write. Make sure to include all receipt numbers/Alien numbers on the letter, so they can match it with your case. Take care, Jason
Dear Jason and others,
As you might be aware there are two websites that you can check the the status of a case online. Here are the two websites:
https://egov.uscis.gov/casestatus/landing.do
https://myaccount.uscis.gov
It seems that these two website provides different information. The first one does not provide up-to-date case status. While the second one is much better. For example, in my case, I can not see any update in the first website but I can see an update on the second website. Why is that? Who is responsible for updating the case status?
They have all sorts of stuff going on in terms of what is available on their website, and my guess is that the two websites were designed separately and operate in their own ways. I was in touch with some of the website people for USCIS last year, and it seems to me that they have to integrate different systems together in order to retrieve the info that is posted on line. It seems more complicated than it should be, but I guess that is the government. Take care, Jason
You can check your status in the dhs website ? When I input my receipt number. The DHS website says that they can’t recognize the number…
hey ASYLEE, can you tell me how to access second website? i mean i signed up but i don’t know which option for check pending Asylum case update. i didn’t find any option for that. it will be very helpful if you explain that.
Thank You!
If the main applicant leaves what will happen to the derivatives EAD and drivers license?
If the main applicant leaves and the asylum case is withdrawn, the dependents will lose their EADs (and probably their driver’s licenses). In that case, the dependents should file their own case if they have one, or find another way to stay here. If they file their own case, they should do so as quickly as possible, since they could be affected by the one-year filing bar if they do not file the case soon after the principal’s case is withdrawn. Take care, Jason
Hi Jason.by the way i have another question about this.please if then they do their own asylum because the principal has left and they won it .
1- Are they gonna have green card or they will have only working permit like the DACA people
2- would they be able one day to travail out of the USA? Thank you a lot .God bless you
1 – If they win asylum, they will have asylum, and one year later, they can apply for a GC and later still, citizenship. 2 – If they win asylum, they could apply for a Refugee Travel Document to travel outside the US. While asylum is pending, they can ask permission to travel by applying for Advance Parole (I wrote about that on September 11, 2017). Take care, Jason
Dear jason
Thank you so much for your help
I just check today my status it says that your interview is scheduled-
My question is when will i be able to receive it the letter?
End of july i moved to a new place but I haven’t informed them yet in July i have given my friend address because i wasnt sure where i will be moving to and my lease ended end of july – so when should i change my address should i wait until I receive the letter then i change or i should change now!!!
Im soo excited about the interview after four years (Virginia)
I dont have lawyer now !!! What should i do can i add now . I dont want to miss anything- can you i have as my lawyer on interview day!!!
Please reply
If you have a valid mailing address that works (like your friend’s house), maybe it is best to keep that address until you get the letter and then change your address is required. It may take a couple weeks to get the letter. If you think you will not get the letter because you moved, contact the Asylum Office to ask about the interview date. You can find their contact info if you follow the link at right called Asylum Office Locator. As for a lawyer, if you want to find one, you should act quickly, but it will probably be too late for most lawyers to help with the affidavit or evidence. The lawyer could maybe help prepare you for the interview and attend the interview with you. I will be out of the office soon, and so I do not know that I can help, but if you email me, maybe another lawyer in my office can help if you want: jdzubow@dzubowlaw.com. Take care, Jason
Hello Elli
If you don’t mind can you please share your timeline with us we are also waiting for our interview from last 4 years in VA.
Thanks
hi Jason
this is me again i recently post or share my timeline in the previous article my question is
i did complete the interview on august and this Thursday i see on my online saying decision made and on Friday he did change to Fees Were Waived on august 8 2019. please, i m scare what is that mean.
not to worry Asylumko, all my friends that their status changed to “fees waived” received an approval. while it’s not 100% guarantee that you will receive an approval, I think based on our past experience there is a likelihood that your case has been approved. Just wait and see the final letter in the mail. Keep us posted.
whats your timeline and which office did you apply for asylum?
Hopefully, it is a positive sign, but you just have to wait for the paper notice to know for sure. Good luck, Jason
Jason, how are you doing.
I want to ask a question…I see this https://theweek.com/articles/857818/death-by-deportation and is horrified by the incident. It has become clear that the current administration is the most vicious one towards noncitizens. So back to this man, does he have the option for Credible Fear Interview or Asylum. Clearly his wellbeing and his life is in danger in Iraq. He cannot get surviving health care in Iraq…Could that be a reason to ask for Credible Fear Interview or Asylum ? And if not, does that mean, if one day if I have a serious health issue and they can still deport me without Credible Fear Interview or Asylum ? It is horrifying…Could it be possible that USCIS revokes all pending asylum applications and have ICE deport everyone ?
I do not know the details of the case, but my understanding is that he was deported for a criminal conviction. In that case, he may have been ineligible for asylum and likely did not qualify for relief such as Torture Convention or Withholding of Removal. While DHS would sometimes stop a deportation for humanitarian grounds, they obviously did not do so for him, and my sense is that they generally do not do that for many people. If you have not committed a crime and you have status in the US, I doubt you need to worry about this scenario. It is tragic and senseless, but it is also pretty rare. It also shows the need to get the green card and become a US citizen as soon as you are eligible. Take care, Jason
That is very true !!!
Jason, I read this story and I find this to be extremely heartless, inhumane, fiendish, and devoid of humanity and compassion.
Furthermore, the decision- and process- by the government to deport the guy to Iraq was fraught with moral depravity, to say the least. How do you banish another human being, whose only crime was petty theft, and who is mentally and physically ill, to a country he’s never been, having socialized the individual from infancy to adulthood? As well, it is clear that the government successfully deprived the guy of due process, by taking advantage of his cognitive skills or neurodevelopmental/psychological disorder.
In addition, the rush to deport as many people, despite their legal statuses in many cases, and the possibility of being afforded due process, is palpably a matter of political expediency. The foregoing statement is not to say that there weren’t deep-seated issues- historically/traditionally speaking- as it relates to immigration in the US; however, one can agree that what the media euphemistically describes as “zero tolerance” immigration policy is nothing but profound immorality, wickedness and racism masquerading as law enforcement. The very sad part of it is that people are being used as scapegoats for political advantage or failed leadership.
As as side note, though not less important, becoming a GC holder or citizen does not seem to alleviate the fear, stress and anxiety, or ameliorate the situation for immigrants, as even citizens are being detained and deported “mistakenly”.
I agree with all this. However, I think the likelihood that the writer will suffer a similar fate is very low, especially if that person has not committed a crime and moves towards citizenship as quickly as possible. Take care, Jason
Hi Jason,
Can you please tell me which sites (organizations) are good in terms of providing reports potentially beneficial for asylum, such as Refworld (that you had kindly recommended before) ? particularly for Iraqis.
Thanks a lot
Regards,
H.
US State Department Country Report on Human Rights Practices, Human Rights Watch, Amnesty International, Iraq Body Count, also newspapers are a good source of info, and travel warnings from different countries (the US, Australia, Great Britain). Take care, Jason
Thanks a lot Jason, I appreciate your kind generosity in providing myself and others here with information. Kind Regards, H.
Hi JASON,
Hope your doing good.
Recently i got approved asylum along with my spouse and child.and i have few question below ,
1) please help me iam confused , if i opt Medicaid health plan this will affect when am getting GC are citizenship.
2) if you have any idea regarding health insurance for granted Asyle.
3)If yes please share me the details.
Thanks in advance for your help and support.
Regards,
VJ
Hi JASON,
Hope your doing good.
Recently i got approved asylum along with my spouse and child.and i have few question below ,
1) please help me iam confused , if i opt Medicaid health plan this will affect when am getting GC are citizenship.
2) if you have any idea regarding health insurance for granted Asyle.
3)If yes please share me the details.
Thanks in advance for help and support.
Regards,
VJ
1 – It will not affect. I wrote about that on September 24, 2018. 2 & 3 – I did a post on June 29, 2018 that has a link which may help. You might also check your asylum approval – sometimes the asylum offices have meetings about this and includes info about that with the asylum approval notice. You could attend a meeting and learn more. You can also email the asylum office to ask (you can find their contact info if you follow the link at right called Asylum Office Locator). There is only a limited time to collect certain benefits, so you should try to do that soon. Take care, Jason
Hi Jason, my friend applied for Canadian immigration a while ago and didn’t work out. He had a asylum scenario but wanted to try regular way to move to avoid becoming a refugee. After refusal, he had no choice but to go to USA and claim asylum. Does his rejection of Canadian immigration application in any way adversely affect his asylum case??
Cheers to the great work you are doing.
How he applied?through expressentry?and what was the reason for rejection?
Regular application through an immigration consultant from home country, I am not sure about reason for rejection but I think he did not qualify on points or something similar, no security or any other issues
I doubt it would adversely affect a case here, but the US government may know about his application, and so he should assume that anything he told the Canadians or any forms he completed will be in the hands of the US, and so he should make sure his application here is consistent with what he said previously. Take care, Jason
Anyone in Boston with pending asylum decision?
It’s been almost 2 years waiting on pending decision.
How long have you been waiting?
Hi everyone!
This is a question to the community or to Jason if he knows anything about it.
Does anyone have a pending court case in NY or elsewhere where the judge resigned/retired/disappeared etc?
Our assigned judge left the bench back in March with no explanation and the hotline still says the date and her name when I call.
Our lawyer asked the court administrator and they said we would have to show up on original hearing date next year. What if we show up and no one is there to adjudicate the hearing?
How rescheduling works these days? Is it random or have this happened to anyone in the past?
Thank you!
I have not seen that in NY, but I have seen it elsewhere. Either they will find a new judge and you can keep the time slot, or they will reschedule the case for another date. Usually, they tell you in advance if they reschedule. Take care, Jason
Thank you for your prompt response as always!
I actually decided to go to immigration court in person today and ask the clerk just to clarify what I already knew. It’s not so far from my home so I thought why not?
He didn’t tell me anything straightforward, only that the case is on hold currently and due to their increased backlog he doesn’t know how it’ll proceed but he wouldn’t bet on anything in the near future.
He also indicated that we shouldn’t pay attention to the hotline system, they will send correspondence to the lawyer in case of any change.
At least they seemed nice and even though I didn’t hear anything new it was good to follow up.
I think that is all fine. However, I disagree about the hotline. It is worth checking every week or so. It will tell you when your next hearing date it, and that may be important in the (unlikely) event that your lawyer does not receive a written notice. Take care, Jason
Hi Jason – What’s the timeline for asylum-based green card these days? Thanks.
You can check the processing time at http://www.uscis.gov, but in our experience, it is not very predictable. We are seeing cases take between 6 and 14 months, but it is difficult to say. Take care, Jason
Dear Jason , I have a question . I am a father with my daughter and I am the main on our asylum case which is pending interview . God forbid anything happen to me , but if I were to pass away before the interview. Would my daughter has to defend the case herself , or would she get deported or what are her options. I know this is random question but in this crazy world , anything is possible.
If that happened, she would either have to file her own application for asylum (and do so quickly; otherwise, she might have an issue with the one year filing bar), find some other way to stay in the US, or leave. Take care, Jason
Hi Jason, am planning to travel by air from another state to another state. Am i safe? My work permit recently got renewed and I have my drivers licence.my Asylum case is still pending.
For a domestic flight, there should be no issue for someone with a pending asylum case and a valid work permit. Bring a copy of your asylum receipts with you as well. Take care, Jason
oh no
I am so sorry to hear about the raid.
I can feel the pain for the people who are affected by the raid.
Never give up.
Best Wishes
Hello! Sorry, the question is off topic. Does anyone know how things are in New York? Call people who applied several years ago? I’ve been waiting for an interview since August 2015.
NY office is not very good in terms of progress.
But just FYI, I knew people who also applied in 2015 got an interview after 10 or so times visiting the Asylum Office asking for an interview.
Last I heard, I think NY is not reviewing backlog cases. Probably your only option is to try to expedite. I wrote about that on March 30, 2017. Take care, Jason
Hi Jason
I had my naturalization interview 6 months ago (GC via asylum) but no decision. Tried calling and asking for updates and also via senator. I have not heard anything. I don’t have any arrests or crimes and I have never visited home. Around 240 days of travel all together (not continuous) in 5 years, so no issue. The officer had asked some questions about my asylum application during the interview and said he has to review in detail. My asylum was granted by the immigration judge.
What are my options? I don’t have passport and the cost of travel document is too much And I have to apply every year. So I really need citizenship. But I’m afraid what the officer has in his mind. Do you think I can file federal complaint under 1447 since the decision has not been made in 120 days? Or can that lead me to deportation? Seems like this journey never ends for asylees…
I would not file a federal suit yet. Try the USCIS Ombudsman office – a link is at right. They can sometimes help with a delayed case. We have periodically seen delays for asylees who apply for citizenship, but we did a number of cases earlier this year where everyone got their citizenship (including from countries that Trump hates, like Yemen, Iran, and Sudan). Maybe the Ombudsman will help and hopefully you will get this over with soon. Take care, Jason
Hi Jason
Thanks for your response and all you do.
I contacted the ombudsman last month and have not heard anything. In fact I don’t expect much because as you may have heard, the new ombudsman appointees are from the group FAIR whose goal is to curtail immigration. So I wouldn’t be surprised if they don’t care or end up being a pseudo-enforcement arm of the agency. The daily news about raids etc is very disturbing and hence I want to get over with this. That’s why I was asking if 1447 would help. Do you do such cases? My work also needs me to travel occasionally and it’s a stressful experience as you may imagine.
The Ombudsman herself is from FAIR, but the staff is still largely the same people who have always been there, at least as far as I know. It normally takes them 3 or 4 months to respond. As for the federal suits, I do not do those, sorry, Jason