We are living in a time of big lies. President Trump is notorious for his mendacity, and many members of his Administration are no better. These lies come in different shapes and sizes, and relate to topics as diverse as climate change, election meddling, hurricane forecasts, international trade, and Joe Biden. But the biggest and most oft-repeated lies seem to involve immigrants: Asylum seekers are criminals, separating children from parents at the border was Obama’s fault, the asylum system is a scam, non-citizens are voting in our elections, illegal immigrants get free healthcare and welfare benefits, Democrats support open borders, the Diversity Visa Lottery lets foreign governments choose who gets a green card, Muslim refugees were admitted into the U.S. while Christian refugees were refused, immigrants can sponsor all sorts of distant relatives through “chain migration,” Central American countries are safe, etc., etc.
The question I want to ask today is this: If the government itself is lying about asylum seekers, why shouldn’t asylum seekers lie if it helps them win their cases?
My interest here is not in practicality–it is clearly a bad idea to lie because you might get caught. Our government has a lot of information about asylum seekers and can use that information to test credibility. Asylum Officers, USCIS Officers, DHS attorneys, and Immigration Judges are good at examining witnesses and ferreting out falsehoods. Even if you get away with lying on an asylum application, the lie could come back to haunt you in the future (when you apply for residency or citizenship, or if you want to sponsor a family member). So there are good, practical reasons to tell the truth: You could lose your case, you could be blocked from any immigration benefits for life, you could end up in jail. And if you do get away with it, you can never really rest easy, and for as long as you are here, you will have to live with the possibility that your lie might be exposed and you could lose the life you’ve built in the United States. So in practice, lying is a bad idea. Here, though, I am interested in the morality of lying; not the practicality. Is it morally wrong to lie if that lie helps you to remain in the United States?
At one time, it would have been easy to answer that question in the affirmative. While President Obama’s policies were not always friendly to immigrants–he was called the “Deporter in Chief” by some immigration advocates–his Administration never engaged in the type of systematic dishonesty that we see from President Trump and his team. Despite all the problems during President Obama’s term (and there were many problems), at least it felt as though asylum applicants could generally have their cases adjudicated in an environment that was free from overt political interference. Given that people could get a fair shake, the moral justification for lying was a more difficult case to make.
In those distant days of the Obama Presidency, it was common to hear asylum seekers express great faith in our system of justice. That was one reason they came here in the first place. Their faith in our system made them more likely to tell the truth. Ironically, the constant barrage of lies from President Trump and his Administration is eroding faith in our system, which creates an increased incentive for individuals to falsify their own asylum stories. When the asylum system is discredited and illegitimate, the moral case for telling the truth is weakened.
Of course this outlook assumes a sort-of quid pro quo: If you (Trump) lie about me (asylum seeker), I can lie to you. This is an ends-justify-the-means approach that has never appealed to my sense of justice, and I am frankly uncomfortable with lying from a moral perspective simply because I believe lying is wrong–regardless of the end goal. But this is a type of morality that is easily deconstructed under various modern theories of legal justice. For example, when my law partner asks me, as he often does, “Do these pants make me look fat?” I always say no, even though those pants do make him look fat. I am lying for the sake of maintaining harmony in the office. Ends justifying means. So perhaps I should be less skittish about the moral implications of lying in other realms.
Indeed, support for the morality of lying for the “greater good” can be found in an old philosophical conundrum, presented by Benjamin Constant to Immanuel Kant in 1797. Kant basically believed that lying was always wrong, and so Constant challenged him with a scenario where a murderer is searching for his victim. The murderer arrives at the house of the victim’s friend and asks the friend where the victim is hiding. Does the friend have a duty to speak truthfully to the murderer? Constant argues that he does not–
The concept of duty is inseparable from the concept of right. A duty is that on the part of one being which corresponds to the rights of another. Where there are no rights, there are no duties. To tell the truth is therefore a duty, but only to one who has a right to the truth. But no one has a right to a truth that will harm others.
And so where the government is deliberately harming asylum seekers by lying about them in order to send them away, how can we say that asylum seekers have a duty to tell the truth to that same government?
For me, this is a difficult and uncomfortable question. But despite it all–the unfair laws (which long pre-date this Administration), the torrent of false claims about asylum seekers, the assault on due process–I still think lying is morally wrong in an asylum case. Here’s why: First, for me, the idea of asylum is somehow sacred. Our country is offering protection to strangers who need our help. We ask for nothing in return. In this respect, and despite a realpolitik element, asylum represents our highest ideals. And these are not just American ideals. The idea of welcoming the stranger is mentioned again and again in the Bible. Because I view asylum this way, the idea of lying to win one’s case feels like the violation of a sacred trust or covenant, and I see that as morally wrong.
Also, lying to win asylum further erodes the system and makes it harder for other asylum seekers to receive the protection they need. It is bad enough that the Trump Administration is systematically trying to dismantle our asylum system. When asylum seekers lie, they unwittingly aid in this effort and amplify it, and I believe that this is morally wrong.
Finally, I do not believe that two wrongs make a right. Just because the Administration is debasing itself by lying to harm asylum seekers, I do not think asylum seekers should do the same. I do not think it is moral to lower one’s own standards simply because another person is acting immorally, or even when we are operating in a system that is moving towards moral bankruptcy.
Having said all this, I recognize that I am far less affected by “the system” than the people seeking asylum. I have less to gain and less to lose. Each of us–asylum applicants, attorneys, decision-makers–has to make our own decision based on our own moral imperatives and our own needs. The President and his Administration have made their choice. They are lying to further their agenda. My hope is that asylum seekers and the asylum system can survive their lies while keeping our own morality intact.
I was watching a movie with my wife recently. It had one of those standard plot devices. If you dont do something bad, then I will kill lots of people. I asked my wife if she would do it (the bad thing to save the people). She answered without hesitation: “Absolutely not…. his morality is his decision, my morality is mine.” Please readers, never even consider lying.
Hi, Jason,
Fraud is prevalent in asylum cases. Majority of the so-called asylum seekers are just economic migrant, making up stories to win their cases. Not a Trump fan, but the current asylum system should be shut-down.
This is not accurate. Fraud is a problem in some cases. In other cases, such as many cases from Central America, the people have a real fear of harm, but they do not easily fit within a protected category of asylum. The Administration is pushing the narrative that these cases are false, but there is little evidence about that. In fact, they have altered the State Department country reports to show that the Central American countries are safe (I wrote about that on May 2, 2018). There may be other arguments for ending the asylum program, but the idea that fraud is a major concern and we should end the program for that reason, is just not supported by the evidence. Take care, Jason
Jason, you are a true HERO, what you are doing is amazing and life will pay you with many blessings!
I did my interview back in 2012, and i am still waiting for a decision, its been pretty stressful to say the least. i recently applied for a DL renewal and they usually give it to me with a limited term
legend on top and it expires the same day as EAD, my new license is non restricted and they gave me the maximum expiration date available. (5 years) i asked them why and they say the system allowed it to, and according to them the system is connected uscis.
Do you thing this could mean my asylum is approved?
Ive tried everything and nobody can tell me why my case is still pending.
at this point i am looking for any clue to keep my hopes up…..
thank you.
Maybe. Email the asylum office or go in person to ask. You can find their contact info if you file the link at right called Asylum Office Locator. You could also try asking your Congress person to contact them – links to the House and Senate are at right. You could also consider a mandamus lawsuit (we wrote about that on October 2, 2018), but I would think it is best to try to get an answer, given that maybe there is some good news. Take care, Jason
Jason l am always grateful for what you are doing for the asylum community, and personally for me. For me, you are the person holding the light at the end of the tunnel.
My case has been pending since Dec 2014. I think I am one of the people at the end of the line for FIFO.
In the stakeholders meeting, has anyone asked why USCIS is not doing both last-in-first-out (LIFO) & First-in-first-out (FIFO)?
I asked a question along those lines and if they answer, I will post that info here. Some offices are doing backlog cases from oldest to newest (Virginia is one), while I think other offices are doing backlog cases from newest to oldest. All offices are prioritizing new cases over backlog cases. Take care, Jason
Hi Jason,
I have few questions and need your expert opinion. I received NTA last week with a court date of November 2020 in state A.
1) I want to move to state B. If I move, will I get a new court date from the state B Immigration court?
2) if I move in September 2020, will it be too late for my case to move to the new state? When should be the ideal month I should move to state B? I don’t want to delay my court hearing.
3) Usually, how long is the gap between MCH and final court date?
4) Can I use a UPS mailbox address in state B for my asylum case? I don’t want to keep changing my address in state B.
1 – It depends. Some courts cover more than one state, but if you move to a state that has a different court, your case should be moved. You have to inform the court about the move – use form EOIR-33. You can also file a motion to change venue, so the case moves to the new court. If you do not do that, the case may not move automatically, and then you will have to go to the court in state A, and the judge will then probably move the case to state B. 2 – The sooner, the better, as it is better to give the judge more time. But usually if you file a motion to change venue a month or two before the court date, the judge will move the case and you will not have to go to court in state A. 3 – IT depends on the judge – anywhere from a few months (or sometimes faster) to a few years. 4 – You can give a mailing address, but you also have to give them a physical address. Take care, Jason
Hi Jason,
I have a pending asylum case and recently I lost my job due to the financial crisis of company ( they told me) but I feel like they didn’t do it right with me. I am not sure but I heard that in this condition if they want to lay off stuff then it has to be in a order like the last hired person should be the person, do you know anything about it. My other question is if I want to file a case against my company does it effect my pending asylum case, I didn’t get my interview yet. I appreciate your efforts for us. May God bless you always!
Who a company can terminate depends on the contract and the law of the state where the person works. Most jobs are “at will,” meaning you can be fired at any time, but again, it depends on the job. You can talk to an employment lawyer about that. As for the asylum case, suing the employer should have no effect on the asylum case. Take care, Jason
Thank you so much Jason.
hello jason,
Do you really think its bad idea of lying at asylum interview. i have seen closely people whose cases were completely fake and lied to stay in USA and got approved the asylum. how do they caught once approved and paper work is done. does USCIS really care while at greencard and citizenship processing. i agree with you because of like these people, the real people who have to get they may not have chance.
I do think it is a bad idea – although I too have seen people get away with it. I have also seen people who lied get caught later, when they had an inconsistency between the asylum case and some other application, such as citizenship or filing for family members. I won’t do a case where a person tells me that he is lying, and if I do a case where a person lied in the past, we have the person come clean in the asylum application. For many refugees, there is no option but to lie, if they want to survive and escape their country. Some of my clients have had to lie their whole lives so they can survive – it is not their fault, but is the situation they are in. It can be difficult to change gears and tell the truth, but that is the best approach with asylum cases. Of course, some people just make up their cases, and they may get away with it – it is a risk, though, and even if they win asylum, they could have trouble later. Take care, Jason
Hi Jason,
My question is out of topic but I will really appreciate your opinion. I have an upcoming interview and I am hesitating about having an Interprete or no. I would qualify my English level as intermediate and I am afraid not to be able to handle the interview with all the stress and emotions. However, I feel like it would be better if I could tell my story myself. I am really confused and I need advice to make the right decision. Thank you
My experience is that a person’s English level goes down at the interview due to stress. And so for people who are on the border between using an interpreter or not, I usually recommend that they do. Not all officers are sensitive to a person’s limited English, and they sometimes talk quickly or use advanced vocabulary. Some officers will allow you to bring an interpreter, and still do the interview in English. You only use the interpreter if you need help. However, these days, most officer require that you use an interpreter for everything, and so if you bring an interpreter, you might have to use the interpreter for the entire interview. I do think it is nice to be able to talk directly to the officer, but it is probably not worth it if you cannot understand the questions or give the answers that you want due to a language barrier. Good luck with the interview, Jason
Thank you Jason
hi sir how are you , thank you for helping us
i have question i had my interview before one year and a half (almost) in chicago asylum office i did 2 inquires but the same answer is pending so my question is does the pending decision considered a case in the backlog or not? because the backlog is too huge
I do not know whether interviewed and not-yet-decided cases count towards the backlog, but they are treated differently from backlog case. You can continue to make inquiries. You can also try the USCIS Ombudsman (a link is at right). This office sometimes helps with delayed cases. Otherwise, you can try a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Hi Jason,
While filling i131 form for refuge travel document request, in part 6 of the form there is a question saying, Since you were accorded refugee/asylee status, have you ever applied for and/or obtained a national passport, passport renewal, or entry permit if that country? Me I have my passport of the country(before entering to US) where I got an entry for my B2 visa, which still is unexpired. Should I mention having that passport with me or the question is something else? I do not intended to use my passport during my travel.
Thanks,
Sambod
The question is whether you renewed your passport since you received asylum, so if you did not renew, it seems to me you can say no. Take care, Jason
Hi, I received my final hearing date beginning of This year April, for next year October. Today, I just called them to verify again. Unfortunately, they have changed everything.
Next year, April I have to go for another MCH. (Because of my previous judge has been transferred to another place) Also i heard from automated hotline they were saying my judge name is a visiting judge. My questions are,
1- when I meet the visiting judge, are they going to put me to an another MCH with the new judge or can I get the final hearing date withOut meeting the new judge?
2- for the new MCH I got 6months, do you think meanwhile they will assign a permanent judge for my case?
Thank you sir.
1 – Probably, you will get a final hearing date. You can mention to the judge about the delay and the hardship it is causing, and maybe get a sooner date. You can also do this in writing – I wrote about that on April 20, 2017. One thing that may help speed the case is to complete all the work and submit all the evidence, so the judge sees that the case is ready to go. 2 – There has been a lot of turmoil at the immigration courts, but hopefully, you will get assigned a permanent judge. Even if you don’t, as long as you get a permanent date, that is at least helpful. Take care, Jason
Mr Jason is is true that there are people waiting 22 years for a decision ? There is a man here commenting such thing , causing me to panick . If it’s true I will leave next week . Gracias
In the 1990s, it was common for people to wait for 10+ years for an interview, but these days, for the most part, the oldest cases we have are from late 2014. Something needs to change if these cases and other cases in the backlog are ever to be resolved, but now, it is unclear whether/when that will happen. The government has been working hard to block people seeking asylum at the Southern border, and if that works, things may start moving with backlog cases. In short, no one can really answer your question. I doubt most cases will take as long as the person mentioned – but it has happened in the past that some cases, which are opened, closed, reopened, etc., take many years to resolve – but hopefully that will not be the majority of pending cases. Take care, Jason
I’been waiting for almost 8 years, my interview was back in 2012, i can remember everything like it was yesterday, i hope i get an answer soon =)….
That is insane (but not unheard of). If you have not done so, you can inquire about the case. You can find their contact info if you file the link at right called Asylum Office Locator. You might also consider a mandamus lawsuit – we wrote about that on October 2, 2018. Also, it may be that the case is delayed due to a TRIG issue (terrorism related inadmissibility grounds). I wrote about that on February 27, 2014 if you are interested, but if you do a mandamus, this may be a consideration. Take care, Jason
Dear Jason
Suppose if somone live in US for four years without any issues- simply working and going school not even traffic violations totally a clean records- dont you think USCIS count my four years of stay here as a background check!!
Its been a while since my interview when i went to asylum interview in Virginia ( thr man said you wont receive your decision anytime soon) how many more years they will keep us for just only a decision!
This is so unfair- people sacrificed their whole life only waiting! People like us deserve a better life. USCIS should understand that there are people mong asylum seeker who will be beneficial to this country ! Pending asylum status you are only allowed to work as entry level jobs you have alot of restrictions- movements restrictions- travel restrictions- job- education- not even able to see ur loved one in thirds country!!!
They are so unfair i even saw some one other day that he has been waiting close to 22 years- how many years do we live? They should stop DV lottery instead accomodate people who are already in US and establish a life- instead bringing people from refugees camps
May we ask how many years have you been waiting for a decision , when did you interview and where?
Contact Ombudsman office and also and your district representative and also Virginia senator office to make an inquiry
Hi,
I have contacted ombudsman and they replied to me sating that they will inquire about my case and let me know. I have also contacted the congressman’s office but got a generic reply. Do you think inquiring with ombudsman office will give me a decision on my interview.
The Ombudsman is usually not helpful, especially these days. But it is free and maybe it will help, you never know. Anyway, it is a good thing to try. If nothing else works, you can look into the mandamus. Take care, Jason
Instead of bringing people from refugee camps?????😳
Your frustration is valid, but refugees are people like us too. Let us hope that this endless wait will be over one day.
I think I have created for myself an alternative form of existence. Sometimes , reality hits too.
It is like being traumatized over again, without knowing if you have actually escaped your past trauma.
I totally understand – I understand refugees has people like us- but alot of them are economic refugees- where i have had a good life house . Business secure job,and i left everything behind- even my fiance giving me deadline – she needs answer how many years she has to wait- where i dont have answer either- im not here to get ID
Wow!
Did you just say most refugees coming from camps through refugee resettlement are economic migrants?? They get thoroughly vetted before setting foot on U.S. soil which is more than I can say for asylum seekers like you and me, so have several seats.
Hi Negin, sorry to hear this. I am in a similar situation. I had my interview in August last year and still waiting for a decision. The asylum officer made me sign another affidavit in front of another asylum officer. She was trying to prove that the political party, I was a member of, supports s resistance movement.
Did they make you sign another affidavit?
Hi they did not sign anything else- except mail out decison letter
It is possible that the security background check would be done before the interview, but we often see delays after the interview even if the person waited for a long time before the interview. The wait time is not predictable. You can reach out to the asylum office to inquire about the decision. You can find their contact info if you follow the link at right called Asylum Office Locator. If nothing else works, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. As for your other suggestions, they are all good and logical, which means the current Administration will unlikely not consider them. Take care, Jason
Hello.
I have an asylum case pending with USCIS.
I did the interview and got a recommended approval but have been waiting for the final decision for a little more than a year now.
Yesterday my status changed to “we reached a decision and mailed it to you” and then “we received your case and waived the filing fee for your Form I-765, application for employment authorization…”
Now my current EAD is still valid for almost a year and I didn’t apply for a new one. What does the above message mean (good/bad news)?
I would appreciate any insights, thanks for your help.
That simply means that your case has been approved and you should receive your final approval in the mail very shortly. Congratulations
Hopefully, it means they are sending the final approval. It might take a week or two. If you do not get it, you should reach out to the asylum office. You can find their contact info if you follow the link at right called Asylum Office Locator. If you get the approval, you should also automatically receive a new EAD based on the asylum approval. Take care, Jason
Hello Jason!
I hope you are doing well! I came to the States a few years ago.I applied for asylum within a few months. Since then I am been waiting for my interview but has heard nothing from USCIS. I don’t have any lawful status other than just a pending asylum. Now I want to marry a girl who is a US a naturalized US citizen. (We both are from the same part of the world).I want to know that would I be able to waive the visa overstaying penalty by marrying her? One more thing is that I had a condition of Two Years residency (Home country) on my Visa . Would I be able to get that waive too ? If not, then would I be barred from the US for years? And do you handle these type of cases?
Thank you!
Assuming you entered the US lawfully, and you have no other bars, you can marry a US citizens and get your GC that way. However, it sounds like you had a J-1 visa with a two-year home residency requirement. In that case, you need to apply for a J-1 waiver. If that is granted, you can get your GC based on the marriage, but if it is denied, you either have to wait for the asylum case and try to win that (and if you win, the two-year bar no longer applies) of you have to leave the US for two years. Talk to a lawyer about a J-1 waiver, as that may be the best bet. Take care, Jason
Hi Jason, thank you for everything you are doing for this blog I have a question
my wife has a pending asylum and she’s not doing well in the coming months she’s going to undergo a surgery the doctor has given her a letter requiring my presence as husband do you think I will get the Visa for me to travel.
Thanks again
You can certainly try, but it is generally more difficult to get a tourist visa if you have a spouse who has filed for asylum. If you can come here on certain visas – such as H1b or L – the fact that your wife has an asylum case should not block you from a visa. Take care, Jason
Thank you sir for your swift reply. I appreciate that!
Washington, D.C. — Three federal courts on Friday blocked a sweeping regulation that would’ve made it easier for the Trump administration to reject green card and visa applications filed by low-income immigrants whom the government determines are or might become a burden on U.S. taxpayers.
But the Supreme Court or Court of Appeals or Circuit Court will nullify that block.
It is good news that the injunctions were issued, but unfortunately, the pattern has been that lower courts block Trump’s rules, but the Supreme Court allows them to go forward. We will see how these cases play out. Take care, Jason
Hi JASON,
Your Comment is appreciated on this..
On Oct. 11, 2019, judges in three separate cases before U.S. District Courts for the Southern District of New York (PDF), Northern District of California (PDF), and Eastern District of Washington (PDF) enjoined DHS from implementing and enforcing the final rule related to the public charge ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act and postponed the effective date of the final rule until there is final resolution in the cases. Two of the injunctions are nationwide and prevent USCIS from implementing the rule anywhere in the United States.
Thanks,
VJ
The new rules would block certain people from a green card, if they could not show that they have sufficient financial resources. This rule does not apply to people with asylum or refugees. The new rule also makes the forms much more burdensome. The fact that it is blocked, for now, is good news, but we will see how the higher courts treat the issue. The Supreme Court has been very deferential to President Trump’s immigration rules, and so we will see whether that court allows the public charge rule to go forward or not. Take care, Jason
Hi jason
I want to apply FOIA for my asylum application notes. To whom should I apply? Should I apply to uscis ? How long it usually takes ? Is there any other way also to request your file information or interview remarks information?
Thank you.
There are different ways to do a FOIA. Maybe the most common is with form G-639, available at http://www.uscis.gov. That is with USCIS. If the case is in immigration court, you might Google “EOIR FOIA Justice Department” and you will find another way to do that. Take care, Jason
Hi jason
Is there any way to check approval rate of newly appointed judge ? My judge is appointed in May 2019 by attorney general barr. Do you think newly appointed judges do not pass much cases because they are appointed by trump govt ?
Please let me know if i can check something on it.
Thanks
The judges that I have seen who were appointed during the Trump presidency seem no better or worse than judges appointed in the past. This may vary by judge, but I have not seen it. The only way I know to get an idea about a new judge’s grant rate is to ask around among lawyers who practice in that court. At some point, data will be available at TRAC Immigration, but that probably takes a year or two. Take care, Jason
Hi JASON,
Hope your doing good,
I have question what is the difference between Field office and service center . And what they do.
Thanks,
VJ
The Field Office is a local office where people go for interviews and other events. The Service Center is an office that receives and processes applications, but you do not go there – all the interviews, etc. are at the Field Offices. Take care, Jason
Hello Jason
My spouse has applied I730 form to me as a derivative Asylee and the case is still not being approved yet. My question is can I apply to obtain the EAD while my i730 is still pending?
Is there any chance to apply for getting EAD based on severe financial hardship before i730 being approved?
Thanks in advance for your answer.
I think there is no way to get an EAD until the I-730 is approved, unfortunately. Take care, Jason
Hello jason
Does any of your client get interview from the back log of early 2015 pending cases, its almost 5 years for waiting the interview.
thanks
Except for expedited cases, we have not seen a client from the backlog get an interview in a long time. I wrote about expediting on March 30, 2017. Take care, Jason
According to you, which state is doing best in immigration court? I understand different states have different statistics and some judges are better than others and are scattered around. But overall, I’ve seen New York and San Fransisco are the top 2 in terms of Asylum approvals when case is referred to immigration court. What are your thoughts?
You can Google “TRAC Immigration” and find a website listing statistics for immigration courts and judges, and you can get an idea of the different courts. I think this info is only of limited value if you are trying to find an “easy” court, however. I explained my opinion in the context of asylum office decisions in a post dated February 25, 2016, but the same logic applies to immigration courts. That said, certain courts are known for their very low grant rates and are best avoided, even if you have a strong case. Take care, Jason
Hello Mr. Jason,
My I-730 form is approved while I am in the USA. I got the approval notice but I haven’t received a physical EAD yet. I contacted USCIS and I talked to person. She said that our system only shows that your I-730 but does not show anything about your EAD. She also mentioned that after your case is approved, USCIS automatically generates an EAD for you but she couldn’t confirm that. Now, do you think I should fill an I-765 and send it to USCIS along all the required documents or should I wait? I do not have a valid picture ID as everything is expired and my employer wants me to provide them with my EAD.
I think the asylum approval should be enough for you to legally work – the I-9 form, which the employer should have, lists the types of status required to work, and people with asylum should be allowed to work even without an EAD. That said, it is much better to have it. I have not done an I-730 in the US for a while, but I thought they automatically sent the EAD. The first EAD is free, so there is not much to lose by applying for one. If you receive one automatically, then the I-765 form you filed will likely be rejected, but this should not cause any issues for you. My thought would be to wait a few weeks to see if you get it, but since the person on the phone seems to think you will not be getting an EAD, maybe you want to just go ahead and apply, rather than continue delaying the process. Take care, Jason
Thank you Jason! for all of your good work.
Once I-730 Petition is approved, USCIS is done taking the action on that petition. So, It is petitioner’s responsibility to apply for EAD as a derivative Asylee I had to do the same.
If I were you, I would have applied for EAD right away as the processing times are getting worst day-by-day.
Good luck!
Thank you for that. Take care, Jason
Thank you for your instruction. I did send my application for EAD. Would you please let me know how long did it take to you to receive the EAD after applying for it? Thanks
The rules recently changed for first-time EADs. They were taking 1 or 2 months, but now I expect they will be slower. For renewals, they seem to take between 3 and 7 months, but you have the automatic extension of the old EAD, which helps. Take care, Jason
Hi Jason,
I applied for an asylum based green card in march 2019, I still have not received my green card:/. Does the green card backlog affect asylees or its only for High-Skilled Immigrants? How long does it usually take to receive an asylee based greencard?
Thank you!
These applications are unpredictable. You can check http://www.uscis.gov for the processing times, but I think it says something like 12 to 36 months. Our cases like that have been taking anywhere from 6 to 15 months, so I think your wait time is normal compared to similar cases. Take care, Jason
Mine is pending for 20 months. Sadly they continued to increase processing times. When I applied it was taking 10 to 14 months and now it can go upto 30 months or more. It’s very frustrating. Do you think there is a reason why it only takes 6 months for some applicants and takes longer for others? All of the people that I know from my country who are adjusting based on asylum are waiting for more than 20 months. I see a pattern with respect to country of origin and I am sure there is a reason behind all this; this administration moves are very calculated when it comes to immigration.
I am not sure why. I have not seen a pattern based on country (at least not with USCIS – I have seen what I think is a pattern at the asylum office). I think with USCIS it is mostly just luck. If you have a reason, you can ask them to expedite. You have to call them at 800-375-5283, but whether they will actually try to help, I have my doubts. In any event, there is no harm in asking. Take care, Jason
Hi Jason, hope you good!
If I apply for the Green Card and Refugee Travel Document at the same time, should I pay both fees or the Refugee Travel Document will be free?
If you apply for both at the same time, the fee for the I-485 (green card) covers the RTD fee, so you only need to pay the $1,225. If you do that, include 4 passport-style photos – two for each form (I-485, I-131). Take care, Jason
My office says they have a stand by list , what is it ? and what are the chances to get into this list ? I have health issues with medical record available ? Lady on the phone said if they have room they put you there , I was denied for expedition .
This is the main office in CA office though if I call the sub office of my area In San Diego , do you think they put me on stand by list of some sort or is it easier or will it be faster ? I have never contacted the sub office before . Thank you
I do not know if it is possible to contact the sub-office directly. As for the stand-by list, my guess is that this is the same as the short list – you put your name on the list, and if an applicant cancels an interview, you can take that person’s slot. This means that you will have very short notice of the interview, so you have to make sure your case is complete and everything is filed. And you have to be ready if they call you. Sometimes, you have more notice than other times, but we have had cases where they offered us an interview for the next day. All that said, the short lists are usually long, and so there are probably other people ahead of you in line, and it is not predictable when they might actually call you. Take care, Jason
Thank you for the response . Can you please tell me , last time you helped someone with short list , how long did it take for them to Schedule him for an interview once they accepted him in him in the list ? Would it generally be less than a year ?
I do not remember, but my guess is that most “short” lists are pretty long, and I would not be surprised if it took more than a year, but it would vary by office. Take care, Jason
Dear Jason
I have been to Arlington walked in today-and inquired about my interview decision-
Its been 35 days since my interview-
I asked him he said you wont get any decison anytime soon – he emphasized two times repeatedly- i told him usually interview takes time which i have waited four years- but decision shouldn’t take that much long- he said we cant give you timline all i know is your decision wont release anytime soon-
What should i do??
Im from Afghanistan
It is very common to see long delays for Afghan cases, usually due to security background checks. You can make periodic inquiries with the Asylum Office. You can also try the USCIS Ombudsman’s office – a link is at right. If nothing else works, you can try a mandamus lawsuit. We wrote about that on October 2, 2018. Take care, Jason
Hi Jason, I recently got a referral to IJ by the Asylum office. I checked TRAC website and found that the state where I currently live has the worst approval rates from judges. Based on this, I’m planning to move to New York which has better approval rates. If I move to NY, will my case get moved as well? Or is it too late to move to NY?
The case will move (though you may need to request that from your judge), but there is no guarantee you will get a better judge. The overall approval rate in NY is good, but some judges there have low approval rates. You may want to know who is your judge now (maybe you can find out by calling 800-898-7180 and entering your Alien number into the system). If your current judge has a decent approval rate, you may want to stay there rather than risk moving to a place where things might be worse. Take care, Jason
Hi Jason!
Can pending asylum applicant apply for Fafsa (Free Application for Federal Student)?
No, unfortunately they can’t.
Maybe that is the answer, but I do not know. Take care, Jason
Tried it, brother. It’s not possible, even student loan from private companies is also not possible because of the status. I spent months searching for it.
Dear Jason,
Thank you for amazing post, as always. It makes you wonder…
20 days ago I got email from usics, and my online status changed from “case pending” to “next step is in person interview”
Email content:
“Case status: testing and interview.
…If your case status indicates that you are currently in this step, you have either been scheduled for an interview or are in line to be scheduled for an interview.”
Applied: April 2016, Chicago office
Do you have any idea how much time it will take for them to actually schedule the interview? Or this just doesn’t mean anything…
Thank you
I do not know how long that takes or whether this email has any meaning. For what it’s worth, I was in contact with the people who designed the online system and I told them about these confusing messages (maybe 2 or 3 weeks ago), but I do not know if they have any intention to do anything about it. At least they are aware that the messages are a bit confusing, so hopefully, they will try to make them more clear. Take care, Jason
Thank you for the answer. Let’s hope for the best. If something changes, I’ll post it here. Good luck to all of you.
Hello Mr.Jason,
Is there somewhere I can talk to someone at USCIS in person, not on the phone? There seems to be a weird thing in my application. I can give you some information about it via email.
Thanks
You can try to make an Info Pass, but these days, to get such an appointment, you need to call them first, talk to a person, and have them schedule it – the phone number to call is 800-375-5283. Take care, Jason
Hi Jason! I have a few questions and I hope you can help me answering as you always do ,
I’m granted asylum and I have applied for I-730 form for my wife 7 months ago And I’m waiting for approval letter
Trump issued a far-reaching presidential proclamation that would bar new immigrants from entering the United States without health insurance.
Does it effect on I-730 forms?
Thank you for helping me all times
Did you any updates so far on your petition ?
Thanks,
Hi Sambod bhai
Please help karoge court main kaise expedite karna hai case?
Thank you
Mjhay details inbox Karein..
Give me your email.
I have not reviewed that yet, but I do not think so – the other public charge provisions and the Muslim ban did not apply to I-730 forms, and so I do not think this will apply either. Take care, Jason
Hi Jason,
My Asylum approval is dated September 30, 2019. I went to SSA to apply for an unrestricted SSN number. The officer couldn’t verify my information and said that I can not approve it as the system does not verify your status. Then, I was told to contact USCIS and I contacted them. The USCIS office referred me to SAVE case status online check/a phone number. When I enter my I-94 along my date of birth on:
https://save.uscis.gov/casecheck/
The system shows and error. Why is that? Is there an exact time period that systems of USCIS and SSA are updated with the new status? Others are most welcome to comment if they have every experienced this thing at SSN office.
I have not seen that problem and so I am not sure. You might want to try calling USCIS to ask about it: 800-375-5283. Maybe they can help. You can also try contacting the Asylum Office – their contact info can be found if you follow the link at right called Asylum Office Locator. Take care, Jason
Asylee, congrats on your asylum approval. Sometimes the systems don’t update right away. That is why it is recommended that you wait approximately 2 weeks after your approval before you go to the SSA- even though the approval letter says that you can apply for an unrestricted SS card right away. I would recommend that you wait another week or two. If not, contact the asylum office that granted you asylum.
I just hope this piece is not saw by any of the people working for the government…Feel like it will just deepen/confirm their negative perception of asylum seekers…
Dear Jason
I inquired thru email couple weeks ago regarding my interview decision- it’s been 35 days since my interview no response- today they emailed this (Dear Sir/Madam,
Thank you for your email. Please note that this application is pending a final decision in our office. Once a final decision is reached, you will receive a written decision by mail from our office. Please be sure to maintain an updated address with our office at all times by completing a AR-11, Change of Address Card (link: https://www.uscis.gov/sites/default/files/files/form/ar-11.pdf).
Regards,
Arlington Asylum Office
What is your interpretation from the above text please leave me ur input
Thank you
Hi ElIII,
I hope you are doing well and God willing you will get a positive decision soon, can you please tell us the questions that were asked in your interview with the asylum officer and how long the interview was.
Thanks,
AF
Hi
Interview was in Virginia n took almost 2.5 hours
And question was more circulated around your affidavit
Let me know if u want more clarification
It looks like a standard answer. Maybe try again in 60 or 90 days, if there is no decision. Take care, Jason
Hello Jason,
I send my first EAD application through Express mail after receiving my asylum status. They received my application today based on the tracking number. Do you know when they are going to send me a receipt for the application? How long does it take to receive the first/initial EAD card? Your answer is very much appreciated.
It usually takes about 3 or 4 weeks to get a receipt. If this is a card based on asylum granted, it usually comes pretty fast – maybe a month or two. If it is based on a pending asylum case, that used to take about a month or two, but they announced a change recently, and so I do not know how long it will take – probably longer than a month or two, though. Take care, Jason
Hey Jason! I hope you’ve been well. I’m still following this awesome blog and I’ve been thinking about this post all day. Kant’s philosophies align with mine, but I can always see where they fall short. The show, “The Good Place”, really helps put things into perspective by visualizing these situations where doing the right thing becomes conditional, as does your post here the way you laid out the case.
I also agree with you that people need to tell the truth on their applications. You have peace of mind on the one hand, and the fact that your story is foolproof because all the details are true on the other so you can’t mess up.
Also, the story I’m going to be telling the grandkids about how we came to America can’t start with “so grandma lied…”, you know?
(P.S. To the offense prone: I am NOT taking jabs at anyone for doing whatever they needed to do to survive. Not my place to judge you.)
Hi jason plz how long does it take to receive the receipt for renew my EAD applied before amonth for second renew thank you
Usually a receipt takes about 3 or 4 weeks, but it is not always very predictable. Take care, Jason
Nice to hear from you. You are already way more American than me. What is this “Good Place” that you speak of? I hope all is well, Jason
You should tell them in Washington at their meeting that their ridiculous lifo system was a total failure, thank you Jaosn. bless.
It will be interesting to see what they have to say. Take care, Jason
Nice. We should be grateful that there is at least an opportunity to be heard and get some relief.
Wonderful piece, Jason.
Thank you.