If you’ve filed an asylum application recently, you may have noticed that receipts are taking longer, and many applications are being rejected for seemingly minor omissions. What’s going on?
Starting about a month ago, our office has had a number of new asylum applications returned to us after a longer-than-expected delay. The reason is because we left certain boxes on the form I-589 blank. Mind you, the boxes that we left blank were boxes where there was no answer–for example, for a client without a middle name, we left the “middle name” box blank. In another case, on the signature page where the form asks for your name in your native alphabet, we left it blank because the client’s native alphabet is the same as the English alphabet, which was already included in an adjacent box. In other words, things we’ve been doing for years with no problem have now resulted in applications being rejected. The issue seems to be that USCIS has changed its practice and now requires all boxes to be filled. This would have been fine, if they had told us in advance. They did not. As a result, many people’s cases are being rejected and delayed, we have to incur extra expenses and wasted time, and people who have one-year bar issues now have some extra explaining to do. All because USCIS changed its policy without providing advance notice.
Except for that lack of notice, this change is not a big deal. If you are filing a new case, and you have a box on the form that will be left blank, you should write “N/A” for not applicable. If you have no middle name, or no apartment number, or no social security number, do not leave the box blank, write N/A. If you have three siblings, but the form has room for four, write N/A in the fourth box. If you’ve only entered the U.S. one time, and the form provides room for three entries, write N/A in the remaining two spaces. For questions such as the ones about your spouse and children, if you check that you do not have a spouse or child, I do not think you need to write N/A in every box (though given USCIS’s capriciousness, it couldn’t hurt). Make sure you check all the “yes” or “no” boxes on pages 5 through 8 of the form, and if you check “yes,” provide an explanation in the corresponding space. Also, on the signature page of the I-589, there are some check boxes that people often overlook. Failure to check those boxes can also result in a rejection.
So why did USCIS implement this new policy? And why didn’t they tell us in advance?
Giving USCIS the benefit of the doubt, it makes sense that the I-589 form is 100% complete. Blank spaces–especially for information like names, Alien number, and family members–can create issues for the case. Assuming–and perhaps it is a big assumption–that USCIS does security checks in advance, this information is necessary to implement a complete check. Also, if the Asylum Officer researches the case in advance of the interview (again, another big assumption), it is helpful to have all pertinent information. In short, I think it is fair to require that applicants complete the form and answer all questions, and this includes writing “N/A” where a particular question does not apply.
That said, the problem here is not that USCIS now requires a complete form. The problem is that USCIS changed the definition of “complete” without telling us in advance, and has rejected scores of applications that do not meet the new requirements. In my office alone, we’ve had about six or seven cases rejected in the last three weeks. This is probably more cases than we’ve had rejected in the previous 15 years of my practice as an asylum lawyer. And I am not alone. Many other attorneys are commenting on our list serves about the same issue.
Now, to be completely fair, USCIS did quietly post something on their website–without any sort of announcement–in maybe late September, but by then, it was too late for applications that had already been submitted. If you look at their website today, and check the section “Where to File,” and then scroll all the way to the bottom, you will find this warning–
We will not accept your Form I-589 if you leave any fields blank. You must provide a response to all questions on the form, even if the response is “none,” “unknown” or “n/a.” We will not accept a Form I-589 that is missing the explanation of why you are applying for asylum or that is missing any addendums that you reference in your application.
Don’t forget to sign your form! We will reject any unsigned form.
Why this information is listed under “Where to File” and why it is not more prominently displayed, I do not know (similar information can be found on page 5 of the I-589 instructions). But the decision to start rejecting cases that do not meet this new standard shows–at best–a complete indifference to the plight of asylum seekers and to their right to a fair process.
For those who have not had an asylum application rejected, it may be difficult to understand how upsetting it is. Preparing the application is time-consuming and can be very stressful, especially for people who are already traumatized. When the application is returned, it is often re-arranged and contains numerous USCIS stamps and hand-written information. There is also a two-page Notice of Deficiency, which usually (but not always) explains what needs to be corrected. In the most recent incidents, it took USCIS six or seven weeks to return the errant forms. So applicants, who thought that their cases were pending, their Asylum Clocks had started, and their status in the U.S. was safe, are learning after a month and a half, that none of those things has happened and they have to start over again.
So if your asylum application has been rejected, what do you do? The short answer is, read the Notice of Deficiency, make the required changes, and re-submit the form. But also, double check all the boxes on the form, and if there are any that you left blank, make sure to fill those boxes with N/A, none, unknown, or whatever you think appropriate. Don’t leave them blank. When we re-submit a rejected application, we include a copy of the Notice of Deficiency. Finally, when you re-submit the application, keep a copy of the Notice of Deficiency and any pages that were stamped by USCIS (usually, USCIS stamps the first page of the I-589 with the date the form was received). This provides evidence that the application was filed and rejected. It is important to have such evidence, especially in cases where the one-year asylum filing deadline is an issue, but it is good to have it for any case, as you never know when you might need such proof. Also, the American Immigration Lawyer’s Association is tracking such cases in order to communicate the problem to USCIS. If you would like to be include in this effort, please email me.
What about the situation where the I-589 was initially filed within one year of your arrival in the U.S., but now the case has to be re-filed after the one-year deadline? Not to worry; the regulations provide an exception to the one-year bar where–
The applicant filed an asylum application prior to the expiration of the 1-year deadline, but that application was rejected by the Service as not properly filed, was returned to the applicant for corrections, and was refiled within a reasonable period thereafter.
8 C.F.R. § 208.4(a)(5)(v). The key here is that the application must be re-filed within a reasonable period of time after it is returned to you. To prove that, you need a copy of I-589 stamped by USCIS and the Notice of Deficiency, which provide the initial filing date, and you need proof that the application was re-filed within a reasonable period of time. For that, you need the USCIS mailing envelope and the Notice of Deficiency, which both show when the form was returned to you. For example, we received a returned I-589 on November 7 (after the one year bar), but the stamp on the I-589 indicates September 24 (before the one year bar). We did not cause the delay between September 24 and November 7; USCIS caused that delay. Since we have the Notice of Deficiency and the USCIS mailing envelope, we can prove that that portion of the delay was not our fault. We re-submitted the I-589 on November 8, and we have a copy of our mailing receipt. Thus, our client should be protected in terms of the one-year bar, since we only caused one day of delay, which is certainly a “reasonable” period of time to re-file a rejected application. How long is a “reasonable period” of time to re-file? There is no specific definition, and so the sooner you re-file, the better, but if it takes you a few weeks (maybe to consult with a lawyer), that should be fine.
What about the Asylum Clock? Unfortunately, as I understand the clock, it will not start running until the application is received and accepted. And so in the above example, my client’s clock will start running on November 9 (assuming USCIS accepts the application this time); it will not start on September 24, when the I-589 was initially received (once 150 days passes on the Asylum Clock, an applicant can apply for a work permit).
I think that is enough for now. This recent incident of USCIS using the asylum bureaucracy–which is meant to facilitate asylum applications–as a weapon against asylum seekers is not an isolated event. In a future post, I will discuss USCIS’s plans to raise filing fees and delay or block work permits for future asylum seekers. Stay tuned for more good news…
[…] so that all forms and evidence can be filed online. E-filing would also solve the problem of USCIS rejecting forms for simple mistakes or for not writing “N/A” in every empty […]
Hi Jason,
Have you had any rejected I-589 form because of the expiration date on the form?
This is what I copied from the USCIS Website regarding the expiration date: “09/10/19. Starting 12/23/19, we will only accept the 09/10/19 edition. Until then, you can use the 04/09/19 and 05/16/17 editions. You can find the edition date at the bottom of the page on the form and instructions.”
The I-589 form I submitted says expires on 05/31/2019. I submitted it in October 2019 it was rejected first time because of the “N/A” issue. I resubmit it and they rejected my form again saying that it is expired. Is it really expired? Isn’t it not 12/23/19 yet?
Hi, can I ask which office you have sent your application and when did you resubmitted your case?
Hi EDVARDO,
Chicago office, I first filed in Oct,2019, then refilled in November,2019. Again filed it yesterday.
Hi EDVARDO,
I was just wondering if you get your receipt number yet ? Or any updates from Chicago office?
They are doing everything they can to make this more difficult than necessary. Each version of the form seems to be identical (as far as I can tell). On the I-589 page of http://www.uscis.gov, they list the acceptable versions of the form. If they have rejected yours, it may simply be best to fill the new form and submit that, rather than keep trying to fight with them about this issue. Make sure to keep a copy of all rejections, so you have that in case you need it. Take care, Jason
Dear Jason,
I am exactly in the same condition that the previous person commented. My form got rejected due to the “NA” problem and I resubmit my whole package using the 04/09/19 version of the form as my attorney told me it is valid till 12/23/19 and we wanted to act promptly. My package got delivered to USCIS two days ago and now that I read this comment that his form was rejected due to being expired although it is not, I feel very nervous and heartbroken. Do you think mine will also be rejected due to the same reason? Have you had anyone using the older form recently and got accepted? Can I just re-send them the latest version of I-589 form (without the supporting document)s instead of waiting for another month to seeing it get rejected or I must wait to see it rejected then resubmit? What do you recommend?
Hi EDVARDO,
I think yours should be fine, as it is mentioned on USCIS website that they accept 04/09/19 version till 12/23/19. By the way did you also filed in Chicago office?
Hi WAITING, thanks for your reply. how do you say that I should be fine? My form was exactly the same as yours (05/30/19 Expiration date and 04/09/19 Rev date, if you look at the bottom right corner of your I589 form you should see exactly the same 04/09/19 Rev Date. Do you see that on your own as well?) And yes I am Chicago office and sent it to the Nebraska Service Center. My attorney says that you are fine as the website says 12/23/19 but I know that I am not based on what you said and I am asking him to resend the latest version of the form but he doesn’t recommend it I am stuck! Would you plz tell me how many days it took for you to get the rejected notice from the Nebraska Center?
Hi EDVARDO,
I am so sorry that I give you the wrong information. I did not know there is a Rev.Date on the bottom right corner. I checked it after seen your reply and it said that on my form, Rev. Date is 05/16/17. It took 20 days to get the rejection notice from Nebraska center . But you never know, you might get lucky and they accept the form or maybe the officer who get to see your case had good mood that day and He/She might let it go. As Jason said asylum system nowadays is all depends on luck. But I know your feeling I was also worried when I didn’t get the receipt but the only thing I can do is WAITING. Let me know if we need any other information since we file to the same center and same office we might help each other out by sharing information. Or maybe morally support each other 🙂
WAITING; Thanks for your reply. 05/16/17 (yours) and 04/09/19 (mine) are both among acceptible editions that USCIS should not reject till 12/23/19. But they have not followed their own policy on that in your case. Thank you for your kind words we will be more in touch during this hectic period 🙂
They should use the date that the form was received, and so if it is valid through 12/23, you should be fine, since they already received it. I do not know for sure, of course, since they seem to do so many petty things these days, but I think it will be fine, and I think it would only cause confusion if you tried to submit an additional form. Take care, Jason
Hi Jason,
Thanks for your prompt reply. I know it is usless to fight for the issue now and I also should have checked myslef about the how to file and what to be careful before filing the form instead of blindly trust on my atterny but anyways. You mentioned to keep a copy of all rejections do you mind elaborate it a little bit about exactly what document I know you have mentioned it in one of your reply below but I couldn’t find it after I go through all of them. I remember you said we have to keep the stamps and reject letters etc ? Thanks a lot.
This is mainly for people who file within one year of arriving, get a rejection, and re-file after the one-year asylum filing deadline, but everyone should keep copies of their rejections – we just make a photo copy of the stamped pages and keep those (and we correct and re-send the original). You can also keep the mailing envelope that they sent you. If you don’t have a one-year issue, this is probably not a big deal, but you never know when you need something, so it is best to keep copies of everything. Take care, Jason
Dear Waiting
Have you heard back about your case after your third submission from the Chicago office?
Hi,
No nothing after the third file. What about yours ?
Hi Waiting. Did you get your receipt from the Chicago office?
HI YASHAR,
No, I did not. How about you ?
Hi . I have been advised by an attorney to pull my case and then be sent to court straight . He says it takes about a year. My case is legit so I’m not worry from my side . BUT Can you please elaborate on that .so i go for the hearing and the next One after that is master hearing? which could be a few years later after first hearing right ? He says just a year .
I do not know how the attorney can know how long the case will take in court. It depends on the judge and on luck. Also, I do not know what the lawyer means by “pulling” the case. Typically, if you have an asylum case at the asylum office, you have to go through the procedure and have an interview, so I do not know what the lawyer means. Take care, Jason
He says drop the case and so you will be put in removal proceedings
I would need more detail about the plan, as usually that is not an option, but maybe he has some idea in mind that I do not understand. Take care, Jason
Hi Jason! Last month I received two mails at the same time. The first scheduling my asylum interview and the second was a cancellation of the interview.when I phoned them to found out what was going on they said I must wait to be rescheduled. Today when I check my status it says that I miss the interview and I have to reschedule within 45 days otherwise they will send my case to court. I’am really confused. What do you think I can do?
We have been noticing some scheduling issues with some offices too. I think if you can, you should go in person to show them the two notices and see if they can reschedule. Alternatively, you can scan and email them the two notices and explain what happened and ask to reschedule. This should be fine (they should just reschedule you), but it is annoying and stressful. You can find office hours and contact info for the asylum office if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
Does this post also apply to I-485? Meaning they are rejecting those forms if there are any blank fields, so we must fill everything with N/A?
We have not seen that problem for I-485 forms, but you never know. You might as well write N/A, as there is no harm in that and it might help avoid trouble. Take care, Jason
Hello Attorney,
First is to congratulate you for a job well done. You’re a miracle to many asylum seekers. What can I tell you: God bless you. Keep up the good work.
My question:
My case was referred to court and meanwhile its 4 months to the master hearing. Meanwhile my girlfriend who is a citizen and i have dated for one year, has agreed to petition for me; after formalizing our relationship with a marriage-wedding.
Your advice is highly appreciated.
Question:
1) Is there enough time to apply for adjustment of status
2) We just opened a joint bank account after the marriage and the only evidence with have is photos , phone calls and travel tickets ; because my wife lives in a different state. Iam relocating to live with her ;in her state and we have new house.
3) Can I change my attorney?
4) what is the chronology of events that’s expected of me.
I wrote about marriage to a US citizen on August 2, 2018 – maybe that will help. As to your questions: 1 – Yes, but the sooner you start, the better. 2 – That is fine. Submit what evidence you have with the I-130, and save additional evidence for the interview. You can also get letters from people who know you and can confirm that the marriage is true. 3 – Yes, you get to use whatever attorney you want (and can afford). 4 – I wrote about that in the August 2, 2018 posting, but basically, you file the I-130, give a copy to the judge, ask the judge to hold the case until the I-130 is approved, and once that happens, either terminate the case and get the GC with USCIS or ask the judge to grant the GC (there are different reasons for why you might choose one path over another – talk to a lawyer about the specifics). Take care, Jason
Dear Jason
My case got returned to me for the same reasons you mentioned. I am wondering should I put N/A in all the children part question as I do not have any children? For the questions in the children section that the answer is choosing between 2 boxes, where should I put the N/A ?
Thanks
We have not been putting N/A for forms where they are no children. We just check the box on page 2 that says you have to children. I suppose you can put N/A in all the boxes and maybe write N/A next to the check box questions, but this seems like overkill. Probably it will be sufficient to just check the box that says you have no children. Take care, Jason
Hello Jason,
we are also dealing with the exact same situation. My husband has had an asylum case since Sep 2017, LA office and recently started Perm application. Expired passport as well.
I have a question here. You mentioned getting a passport would be the easiest way to fix this issue, I am thinking about applying for a new passport without revealing a US status. I checked our home country’s website, it seems that they do not require any document as a proof of immigration status in US. Considering the fact that US government does not share any information with my country, doesn’t it worth a shot to do so?
I know it may cause a problem during the naturalization, but getting passport in order to adjust status without revealing being asylum could be understandable/acceptable.
It is generally ok, but if your asylum case is based on your fear of the home government, you may need to explain why that government was willing to issue a passport. If you can explain that at the asylum interview (and maybe if you have some evidence about your home country’s requirements for a new passport), then there should be a low chance of a negative impact on your asylum case. Take care, Jason
Hello Mr.Jason,
Good news! My I-131 for RTD was finally approved today. It says, “RTD was produced.” When should I be expecting it to be delivered?
Congratulations, how long did it take to process after submission and biometrics?
I submitted my RTD application on the 13th of November and I have gotten the receipt notice but no biometrics yet. Applied from Memphis, been handled in Nebraska.
Can you share your I-131 application timeline please.
Usually, it is no more than a few weeks. Take care, Jason
Hi Jason,
The court date provided in NTA is in November next year. Is this the MCH? Is there a way to expedite this?
The first court date is the MCH. I wrote about expediting on April 20, 2017 – maybe that would help. Take care, Jason
Stupid question:
Is there a way to convert my approved asylum I-94 to an employment-based if my employer is willing to sponsor? After my brutal ordeal of the asylum journey which I deeply regret, It feels that we, asylees, will live the rest of our lives limited with our options to stay/travel/adjust status… etc.
I prefer to be a regular skilled worker and adjust the immigration status based on my skills.
I still have a valid passport through my home country. Although I cannot technically return to my home country. But I believe can use this passport to travel to a third country if the US law permits to convert the asylum I-94 to an employment-based.
I know that asylum law is unlikely to be tweaked or converted. However, just hoping that there is a way to be a normal person at some point in time. The Syrian dictator should leave sooner or later. I should be able to temporarily visit my beloved place of origin although it might be unsafe and impossible to relocate permanently.
You should be able to adjust status based on employment, since you are now in status as an asylee (but talk to a lawyer to be sure, as that is not always the case). Even if you do that, it does not erase the asylum case, and so it is better not to return to Syria, as that could call into question the original asylum grant. I have had clients return to their countries and still ultimately get US citizenship, but I do think there is some risk. Once you are a citizen, you are basically safe, even if you return home. Given the cost of an employment-based GC, you may just want to adjust status based on the asylum, as that is usually pretty easy. Take care, Jason
I wish I was the one approved for asylum.
Really?
I wish I could see any of your posts during your asylum pending years😊. Most of us here envy your situation.
We get what we wanted so badly, and then we look for something better than what we wanted.
Let’s hope the tweak to asylum law that you seek would not be – “since the brutal dictator is no longer in power, go back to your country, because you no longer need protection from the US government”. That would be a nice way to quickly adjust status from asylee to free.
Don’t take me seriously! I am bored!
SYRIAN, I know you asked for Jason’s response but since this is a public forum, I am adding my opinion.
I was actually rooting for you and I wanted you to be approved. I don’t want to judge you as I don’t know you. However, based on your posts, you come off as very snobby and entitled. Do you recall that you were worried about being referred to court?
Adjusting your status as an employee won’t necessarily relieve you of the asylum status restrictions. If you are thinking about travel or passport restrictions, what makes you think because you adjust your status based on employment it’d be OK to apply for your government’s passport? Further, if you are concerned about the length of time it would take to adjust your status because of your country of origin and your gender, what makes you think it would be any different if you are adjusting based on employment? In fact, asylee adjustment of status is usually processed faster than employment based adjustments.
That is why I said stupid question 🙂
Take it easy on me guys. It is my right to ask. Asking is the way to learn. When I said “I regret”, I was referring to the pain I lived. I have personal details that made the pain engraved in my life regardless if the asylum was approved or denied.
If I say “if the dictator goes” that definitely does not mean that I can return. I cannot share more details in this regard.
For the asylum approval. I am still waaaaay grateful for this forum and grateful for everybody helped to make it happen including the asylum officer, the supervisor, and the US. I still cannot believe that the pain is over. Make sure that I will never forget the hardship.
I am sorry that I phrased my question in a way that provoked seekers. I did not mean to.
I pray for all of you that you have good news soon. God bless you.
I did not take any of your posts in a negative way, for what that is worth. I think every true refugee wants to return home, at least to see the place again – and many still greatly miss their home countries decades after they’ve gone (not to be annoying, but I also wrote a post about this – on April 23, 2015). Take care, Jason
Jason, there is no reason for your to take his post negatively. I can understand why some asylum applicants and asylees would look at his post negatively. Many people, some waiting for interviews or decisions for many years, are lost in the backlog (“Syrian” was quite literally one of these people a few days ago). Some people, despite real fears of torture and persecution, are not even given the chance to set foot on American soils. There are people with bona fide claims who are stuck in camps, here in the US and around the world. Some who manage to get to the US only get Withholding of Removal or some other inferior status. And here we have an “asylee” who is essentially looking down on asylum status because of the “restrictions” that come with the status. A lot times we don’t realize our privilege until we lose it.
Maybe, but I took it more like he was trying to find the best/fastest way to get a GC with the least restrictions. That is fine from my point of view – finding ways to make the law work for you is important. Also, the restrictions on asylum can be difficult, and so I understand the desire to find ways to avoid them, even if that appears to be looking a gift horse in the mouth, as it were. Take care, Jason
Jamie,
You said: “A lot times we don’t realize our privilege until we lose it“.
You are mixing things and you went way off the reality.
I am grateful to the US. I will sign a piece of paper if possible, I will notarize it, I will put it with my will to be disclosed after I die. I was, I am, I will be grateful that my case was granted eventually. I did not, I have not, I will not forget my hardship. I cannot explain myself better than this.
On the other hand, I had a tragedy a few years ago made me lose the passion to live. The pending status was one of the main contributors to compound my pain. Granting the asylum did not recover what has happened a few years ago.
My question to find legal ways to gain better immigration status doesn’t mean AT ALL that I don’t appreciate the asylum grant. I still cannot believe I got it finally. I will die maybe if they take it away from me again.
However, I am trying to avoid living the same tragedy which I had a few years ago by exploring other ways.
I made BIG mistake by not maintaining my initial non-immigrant status. I regret that mistake which I made deeply by counting on the asylum only. (It is my mistake and I am the only one to blamed not anyone else).
BIG THANKS TO THE US ASYLUM SYSTEM THAT THEY HAVE ACCEPTED MY APPLICATION.
I wish that I conveyed the message that I did not forget any moment of my painful journey?!
I did not phrase my initial question in a right format. I am sorry for this. I will make sure that I will review my postings again before publishing. Despite the fact of the bad formatting, I did not forget the great grant of the asylum office. Thanks to them.
Granting the asylum is a thing and finding ways to improve my situation is something completely different. Please try to understand my situation and stop describing me as somebody who forgot his “a few days ago postings” because I did not.
Thanks
Syrian, thank you for providing an apology and explanation even though you didn’t have to. Your sincerity, like my fervor on certain topics, is certainly palpable. I am sure many of the readers here would concur with me.
I wish you success, long life, recovery, and happiness in the US.
Dear jason
Apart from my inquiry USCIS USED TO write “ pending a finale decision “
But i did an inquiry thru a senator office too too today senator mail have come and USCIS responded to senator “Our records confirm that Mr. Xxxxx case has been prioritized for supervisory review. It is not likely that a final decision will be made on Mr. Haidari’s case within the next 60-120 days
What is your input- you think i will get a decision within that time frame ! Will it be a positive or negative
You cannot tell anything positive or negative in terms of the decision, but it sounds like the decision will probably not be ready for 120 days or more. You can wait until then, and if there is still no decision, try again to inquire. Or if that is too frustrating, you might consider a mandamus lawsuit. We wrote about that on October 2, 2018. Take care, Jason
I just checked mine and it says, “next step is an interview.”
Does that mean anything or just generic?
The next step is the interview, but unfortunately, it does not indicate when that might be. Take care, Jason
Hi Jason,
I have a quick question. I filed my case on Oct. 25th,2019 in Chicago office. My case got rejected because of the “N/A” issue. And i corrected it and refilled application on Nov.19th,2019. So my question is for refilling case do I have to wait for 3 -4 weeks again to get the receipt or it will be faster since it is refiling ? Thank you very much.
We have seen different things – one case came back very quickly and was then quickly scheduled for an interview. A few other cases were re-mailed, but we do not yet have receipts (after maybe 2 or 3 weeks). So the short answer is, I think it is not predictable, like most other things in asylum world these days. Take care, Jason
Hello Jason,
I did submit my asylum application in May 2014 and I am still waiting :(. Back in June this year, I did receive a update on my case which said “Initial Review”…. 2 weeks ago, I did receive another case update, now it says “Testing and Interview”. Do you know what it means? I am receiving these updates because I did create an USCIS account to track the status of my EAD and then I did add my asylum case when USCIS allowed to see status of asylum cases.
Thank you for all valuable information you have in this blog. I did follow you since I submitted my case back in 2014.
JJ,
Have you completed an interview? You said you are waiting. Are you waiting for a decision or waiting for an interview?
I completed my interview, waited for several years, and these are the status signs of progress which ended up by receiving a decision:
– Your Case Status: Testing and Interview –> four weeks ago
– Your Case Status: Decision –> two weeks ago
– Your Case Status: Initial Review –> two weeks ago (directly after the decision status email).
– I received the decision letter last week.
If you have not done your interview yet; it might be a sign for an upcoming interview.
I wish you good luck. Don’t lose your temperance; I lived this nightmare seven years checking my mailbox every day until I finally received the decision. I fully understand your frustration. Do not let it dominates your spirit. Many others are on the same boat.
Hello Syrian,
I am still waiting for the interview date notice. The first status I did receive was on June this year which said “Initial Review”, then last week, I did receive another update which says “Testing and Interview” and the description says “Next Step is an in-person interview”. So, I am confused what this update means. Will the interview schedule soon?
I have been waiting for 2012 Days (5 years and 6 months).
Thanks
Did you apply in miami office?
I don’t have much faith in the online messages, but maybe it it indicating that an interview is coming. Just to be safe, you may want to make sure you have all the documents ready to file (assuming you have not already filed them), in case an interview is scheduled. Take care, Jason
Hello Mr Jason,
Is there something called Refugee Travel Document Renewal or do we have to send a next application when the RTD expires and wait for months?
You just file for a new RTD. If the old RTD is not yet expired when you file for the new, you have to mail in the original of the current RTD (keep a copy for your records). This is annoying, but that is how they do it. Take care, Jason
der sir Jasón ! Question sorry I received a recommended approval … does this means my asylum is been approved ? I did not understand when I went to pick this paper . Thank you mister
It basically means that you have qualified for asylum, but the background check is not complete. If you do not have a work permit yet, you can apply for one now. It may takes day, weeks or months, but eventually, you should get a final approval. Take care, Jason
Hi Jason,
Do you have any idea on how long are the wait times for individual hearings in Boston Immigration court? Would it be couple of months or years? Do you have client who recently had Master Hearing? If yes, was their date for individual hearing?
I don’t have any cases up there, but most courts seem to be between 1 and 3 years (and it varies a lot by judge). Maybe someone else here has an idea about Boston. Take care, Jason
Hi, Jason.
May I ask, is it possible that the USCIS officer is more likely to outright deny me after my asylum interview if I am in valid status (since they can’t refer me to the court in this case…). They may say “You have valid status, you don’t need asylum to stay…” this kind of logic…
I do not think so. I guess it is possible, but most officers seem to give a decision on the merits of the case. Take care, Jason
Hi Jason,
I know you must have addressed this question many times but requesting you to please consider this as well.
I have my pending asylum case since September – 2016 (LA Office), when i applied for asylum i was having valid B-2 status. After getting my first EAD, i started working for a company and they like my work and offered me to file my PERM application. My PERM was approved recently and so I-130 as well.
Now my questions are:
1) As my passport (issued by my home country) is expired. it was already blocked by my home country earlier. Now, after approving my I130 (Counselar processing), how can i go outside US to get my employment based visa stamped? also where should i go, i can not go back to my home country?
2) Can i apply for my AOS based on the i130 approved?
My lawyer says “Because you don’t have a lawful nonimmigrant status in the U.S., the USCIS may just deny the I-485 application. This has happened recently for folks in your situation. However, under previous case law and policy, they did not always deny these. For example, following Matter of LK, 23 I&N Dec. 677 and the regulation that potentially excuses you due to “inaction on the part of USCIS” with respect to your asylum application: because you were in valid Nonimmigrant Visa Status (B-2 was unexpired) when the asylum application was filed, and it has not yet been referred to immigration court, you have an argument that you may still adjust status.
However, just because you have an argument does not mean that USCIS will approve the I-485 applications for Adjustment of Status. Instead, what USCIS might do is refer your case to immigration court and deny your I-485 applications. So that is a very real risk to filing I-485 applications for you and your family. ”
Thanks in advance.
I am not a lawyer, but ” LK, 23 I&N Dec. 677″ was about diversity (lottery) visa. Your case is about EB3 visa. If you find the 245(k), it says you are eligible to AOS while you are out of status for some empleyment based visa if you meet exemption:
This exemption applies to an alien who has not failed to maintain a lawful status, engaged in unauthorized employment, or violated the terms and conditions of his or her admission for an aggregate period exceeding 180 days. When determining whether an applicant is eligible for the INA 245(k) exemption, USCIS only considers the time period following the applicant’s most recent lawful admission. I belive you are eligible to do AOS. Keep us updated.
Hi ALEX,
Thanks for your response. My Case is under EB2 Category. but i am confused as i have met with couple of lawyers and they have different opinion, nobody is able to tell me what the law says about it categorically. Also i have read INA 245(K) but i dont see anything related to Asylum pending.
Kind of unknown situation to me. i dont know if i apply form i485, as my lawyer says that they will deny my aslym case and refer me to the immigration court.
Hello desperate, please don’t despair:)
Unlike many other people, you don’t have one, but two options to get a green card, so feel lucky for that. I am in a situation similar to yours, I am an asylum applicant and in parallel, I have a green card process through PERM. I already applied for AOS and also had my asylum interview. For AOS I am waiting for the interview, for asylum I have been waiting for the decision for about 8 months. This scenario is unusual, so there is not much documentation and lawyers have different opinions about it. What I can tell you is a friend with the same conditions as you and I, got his green card this year in March. Some things are key here: Having a valid B2 status at the asylum application time; not having worked illegally and not having received an asylum response before filing I-485. Meeting those conditions you have good arguments to meet the 245(K) exceptions. If USCIS accepts it or not, nobody knows. But believe me, my friend in Florida got it this March. I hope I have the same luck.
You would check below documents for case law reference:
https://aila.org/infonet/ins-asylum-denial-does-not-bar-adjustment-status
https://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-42832/0-0-0-48843.html
Hi EB2 SEEKER,
Thanks for sharing some positive information. Would you mind discussing your friend case in more detail. Has he went outside USA to get the immigration visa stamped?
My friend did AOS. I am also doing AOS, it is not possible for me to travel overseas. Even if it was possible I am not willing to take the risk, my asylum case is really strong. The average time to get an interview after filling AOS is one year. You can get EAD and advance parole a few months after you submit I-485.
I posted here a couple of links that could help you to make your arguments, but links might be prohibited here. Either way, you could ask Google for “Asylum Denial Does Not Bar Adjustment of Status” and “Interim Decision #350 USCIS”
Thanks for posting those – I had to approve them manually, which I did. Take care, Jason
Thanks for your info ! I was not able to find anywhere about this.
It’s so nice that you find an employer willing to sponsor your for PERM. That can give u more flexibility.
Can I ask a question: So the company sounds like, they will try to sponsor you for employment based immigration ? and they filed your perm when you don’t have some work visa like H1B ? Thanks !!
Hi ASYLUM SEEKER,
I was working for them based on EAD, i had received through Asylum pending. When they hired me they knew that my work permit was under C8 category and later they offered to process my case and eventually, it had been approved. Now the challenge is how can i adjust my status?
Hi EB2 Seeker,
Thanks for the details. When we apply for AOS, receipt notice means that case is filed and in processing and now we have to wait for AOS interview?
During that time, can we apply for Work Permit and Advance Parole on AOS basis?
When you file the I-485, you can also file for an EAD and a AP, and you will receive a card from USCIS that is valid for one year of work and Advance Parole. The problem is that if the I-485 is denied, the card is also canceled, and it would be risky to use that to travel unless the I-485 is still pending and alive. Take care, Jason
Also, when you say I130, do you actually mean I140 ?
Sorry, typo, it is i140.
I assume you mean an I-140? I-130 is for a family-based application. 1 – I know of no way for an asylum applicant to travel without a passport. There is no travel document that works in lieu of a passport unless you receive asylum and get the Refugee Travel Document. 2 – I wrote a post about this on August 28, 2018. In general, people whose status has expired are not eligible to adjust status. There are some rare exceptions, so maybe your lawyer is thinking about those. I do not do such cases, and so I am not sure. The exception you are referring to, I think, is under INA 245(k). The exception exists in the law, but I do not know of anyone successfully using that to get a green card. Maybe your lawyer can research this a bit more before you try that. Take care, Jason
I actually want to follow up on this…So not eligible for adjustment ? But can s/he go out of country to get consular processing to get green card for I485 purpose ? (Say s/he somehow get advance parole thus not risking abandoning his/her I-589……)………Asylum is never an easy route, it’s always good to have multiple routes…
In addition, I mean in my opinion…the law is kind of conflicting…so approved asylee can file I-485 to adjust status, right ? so that means USCIS doesn’t consider asylum pending out of status ? But if s/he files for I-485 under EB2/3 while asylum pending, then his/her previous stay is out of status and thus not eligible for adjustment of status ? It’s very strange.
If you get asylee status, then definetly you are eligible to AOS. In this scenario your previous asylum pending does not matter. The only important thing is you have legal status ( asylee status) in US. USCIS does not care how you got this status. But if you want to AOS during asylum pending which is not a legal status, then you are not eligible to AOS until you meet those 245(k) exemptions.
Sadly.
Consular processing may be possible in some cases (I wrote about that on September 6, 2018), but the person needs a passport to travel, which seems not to be the case here. Pending asylum is not a status, it is an application for a new status, and people with a pending asylum case are generally not eligible to adjust, unless they meet an exception to the general rule (I wrote about that on August 28, 2018). Take care, Jason
Hi Jason,
First of all, thank you for taking your time out to response to my questions. I really appreciate it.
Yes, it was typo, it is i140 that got approved. One thing that i would like to mention here that when they applied for my PERM, they mentioned in the application that i am in US and stated my expired I94 record. Also, when they applied for i140, they mentioned the same but they requested for counselor processing. Do you think that we have a ground to say that we have informed you during the process couple of times and we got no objection on it.?
Also, what will happen, if my asylum denied due to i485 application filed and they refer me to the court. Will court be a good option for receiving AOS or it would be worst.
I do not do I-140 cases, and so I am not an expert on that, but your status in the US is not relevant to the I-140. The only purpose of that form is to determine whether you are qualified for the position and no American worker is available. I think if you understand the risks, you can try the I-485. The main risks are that you will lose your money for the I-485 and waste time. The I-485 should have no effect on the asylum case itself (unless the two cases are inconsistent). If you land in court, it may be easier to make an argument for the INA 245(k) exception, but it depends on the judge and the government lawyer. I think if you can obtain a passport and try consular processing in combination with Advance Parole, that may be the most likely to work. Maybe the I-485 will work, but I have real doubts – it seems to me that your lawyer can research that point and maybe find something more definitive to help you understand the risk – most lawyers are on listserves, and we can post questions and often someone will have seen the situation before and can help. Maybe the lawyer can try that? Take care, Jason
Hi,
I am in the same position and my company filed a PERM in late October this year so waiting on approval. My EB2/3 (company lawyers) does not advise me on the asylum case and I use different lawyer for my asylum case and he will be helping me with adjustment of status. I was on F1 visa when applied for asylum, so was in status and stayed for certain time. Currently I am working using my EAD.
My asylum lawyer though told me that since I’ve applied for asylum while in status, I would be able to adjust the status without leaving the country. I am planning to meet with him when PERM is approved and discuss what would be the strategy and how this can be done. I hope that it would work and I would be able to cancel Asylum case.
During the AOS interview, the official told my FL friend that the green card was approved and permitted him to file the Asylum withdraw form at that time. The green card arrived two weeks later.
Hi,
could you please share more details with us? We are dealing with the same situation. Did he attach a letter to his I485 application(AOS) in order to get 245(k) exemptions?
Hi,
Today my lawyer sent me AOS case which was denied and the matter was referred to the court. Let me share his timelines:
Arrival Date 2013
Asylem applied during the the B2 valid visa period
Got I140 approved in 2019
Got request to submit evidence of all lawful status since the last arrival after filing AOS.
applicant sent last I94, I589, Finger Print Notice, an interview notice and 2 EADs.
USCIS response was “Although you have submitted evidence of a pending asylum application that does not confer lawful non immigrant status for the purpose of this application”
Also they said “USCIS has thoroughly reviewed the evidence of record, including your response. The record shows that the aggregate period in which you failed to maintain a lawful status or violated the terms and conditions of your admission exceeds the 180 days maximum excusable under INA 245 (k)”
This is very disappointing and different from what i heard above with the case of FL friend. Jason, can you please comment on this?
I have never actually heard of the 245(k) exception working, though it does exist in the law. It seems to me that if your case is in court, you can try to adjust status with the Judge, and you may have better luck there. Also, it is a little strange that you were sent to court if you still have an asylum application pending. I guess you can present the asylum case to the court too, or you could ask the court to terminate proceedings if you want to stay with the Asylum Office (whether the Judge will agree to terminate, I do not know – your lawyer could look into that question and see what the DHS lawyer thinks). Take care, Jason
It is hard for me to hear that, especially because I am in a similar case, I got I-140 approval and filed AOS 9 months ago. I am waiting for an interview notice.
Not sure if things changed recently or different offices have different criteria. My lawyer’s friend sent a cover letter with the AOS application explaining that the Failure to Continuously Maintain Lawful Immigration Status was because of Technical Reasons (Technical violation resulting from inaction of USCIS; ). USCIS did not require additional evidence.
You could search more on this in the USCIS policy manual:
Chapter 4 – Status and Nonimmigrant Visa Violations – INA 245(c)(2) and INA 245(c)(8)
Basically the discussion is if not responding timely to an asylum petition is a USCIS inaction or not.
@Desperate Asylee,
Sad to here that. if you do not mind, could you please tell me if you are Iranian. I am from Iran and thinking about renewing the passport without revealing the US status (As an asylee). It seems that it is doable. And with having a valid passport and advance parole after filing I485, try to go out of the country and apply from outside.
Hi DESPERATE ASYLEE,
You mentioned the applicant sent an interview notice as evidence, did the applicant get interviewed for the asylum case? Do you know if the asylum case was referred to the court before filing AOS?
The argument used by my attorneys and my friend’s attorneys is based on the technical reasons, and it ceases if the asylum case gets referred to the court. Basically, 3 things have to be met to (hopefully) get it working:
1. Asylum case was filed during a valid non-inmigrant visa
2. The applicant never worked illegally
3. At the time of filing AOS, USCIS has not taken any decision on the affirmative asylum case.
Hi there,
The applicant was not interviewed for Asylum and was sent to Court directly.
Technical reason definition is different from what you say: please read the following two links
Sayin v. United States, 1:18-CV-643-LY (W.D. Tex. Sep. 26, 2018) (available here: https://casetext.com/case/sayin-v-united-states)
Kavafoglu v. Nielsen, 4:18-CV-3512 (S.D. Tex. Jan. 11, 2019) (available here: https://www.leagle.com/decision/infdco20190115g85 NOTE that this Kavafoglu case cites to Sayin and says that is not controlling)
Thanks DESPERATE for this information,
I am not sure if I am missing something here, but in the first case Sayin vs. the United States, the court rendered judgment in favor of Plaintiffs. So it looks like technical reason argument worked.
“Therefore, the Government argues, Plaintiffs are not eligible for the “no fault of” the applicant or due to “technical reasons” exemption under Section 1255 of the INA and as defined under Section 1245.1(d)(1) of the Code of Federal Regulations. The court disagrees.”
Hey Jason, could you please take a look at that decision and give your opinion about it?
Thanks,
Sorry, I won’t be able to assist with that. Looking at one or two cases may not tell you what you need to know anyway, as the law evolves and new cases come out sometimes. You would probably do well to have a lawyer research the issue and see what can be done. Take care, Jason
I mean, USCIS rejected it, but WESTERN DISTRICT OF TEXAS COURT stated that is was an USCIS mistake. What I have heard is some USCIS offices could approve it and some could reject it, which is really bad. But ultimately, AOS could be granted in a court.
@ Eb2 Seeker or Desperate Asylee,
I wish I had your contact information to follow up on your case :((((((
No news from my end. Still waiting for the AOS and for the Asylum decision.
Thank you so much for the response, to be honest I did not expect that. You filed your AOS around Oct last year, right?? Still waiting for the interview? But you got your AP/EAD based on I485, correct?? May I ask which state you are filling in?
I filed AOS in March 2019, with no updates after that. I got AP/EAD last year and recently asked for my second one. I am filling it in GA
Oh, I see. Thank you again for the update, please inform us here if you get the final decision. Good Luck and Stay Safe!
Hello Eb2 Seeker,
Any update or progress on your I485 case??
Hopefully that will work. Please let us know what happens, as that will help others. Take care, Jason
Jason, sorry to keep bothering you with our questions regarding this issue. Now that we are applying for a new passport and advance parole (based on asylum case), we have two options for AOS. I know this situation has a lot of grey areas and you already explained that all. However, I would really appreciate if you share with us what you would decide if you were in our shoes.
1) Leaving the country and apply from consulate (third country), what is the risk of not being able to enter US with advance parole?
2) Do not leave the country, file I485 and go through the above mentioned path (INA 245)
We are from Iran, pending asylum since 2017 LA office, case was filed during a valid non-immigrant visa, never worked illegally.
1 – If you have valid AP, you should be able to return, even if the embassy rejects the GC based on the I-140. Since you are from a banned country, I do not see how you can get take advantage of the approved I-140 unless you also get a waiver from the ban, which is not easy to do. My guess is that this path won’t work, but I could be wrong and if you do want to try it, I strongly recommend you find a lawyer who is experienced at consular processing and who can also advise you on the travel ban issue. I would do that before you go any further or spend any more money on this path. 2 – The I-485 is only for people who are inside the US. Maybe your best bet is to look into the 245(k) idea more closely and see if that can work, since you won’t have to leave the US if it is successful. Take care, Jason
Hi Jason, there are two regulations which submit in federal registration” the DHS and DOJ propose to amend their respective regulations governing bars for asylum eligibility.” others would affect asylum interviews,work authorization and procedures. what does these regulations means for asylum applicant? is there anything else remain to restrict the asylum rules?
thanks
I am going to write about this when I have time, but it seems they will make the work permit wait time longer (365 days) and some people who enter the US illegally will be ineligible for a work permit. They will also charge a $50 fee for asylum. There is also a rule about sending some asylum seekers to Central America, but I am not yet sure how that will be implemented or whether it will only apply to people who passed through Central America to get to the US. Basically, I need to catch up on some of their proposals and I will try to post what I learn here. Take care, Jason
Hi Jason,
Thank you for all the good work you do.This blog has been very educative and i appreciate that i can find almost any type of answer in the comments section. Have you had any interviews at the Chicago office lately or does anyone here care to share their wait times after interview at the Chicago Office. I applied for asylum 5years ago went for an interview on the 9th of November after 2 expedite requests and approaching my congressman but im just curious as to how long it usually takes to get a decision. I see some people talk about recommended approval. Do i get any other types of communications during this waiting period? Or do i keep checking the case status on the uscis website.
Don’t worry! I’ve seen the most people will be approved after waiting a long time for their decision.
Be optimist!
Hopefully you will be approved soon and you will share your happiness with us.
We do cases there sometimes. It is hard to remember, but I think my last case there was a grant (from Pakistan) and the wait time after the interview was not long – maybe a few months. That office has generally been pretty good for decision wait times, at least in my experience. As for recommended approvals, I really don’t remember. Take care, Jason
Hi Jason,
After waiting for more than 5 year my case has referred to court. What are the next steps now? Could you please share some information.
Hi asyle
After five years did u give ur interview? When and where
Please share your timeline
Are you from a muslim country
I did a blog post about this issue on March 7, 2018. Maybe that will help. Take care, Jason
Sorry to hear this. May you get it approved in court! I have heard many referrals get approved in court. Hope the same happen for you. Can you please tell me when was your interview?
Hi Jason,
Thank you for sharing with us all the information we need. You have already clarified a lot.
I’d like to ask you about a new asylum statistics from USCIS. Have you ever heard about any updates? It should be published every quarter, but last available month is March 2019. How do you think, can it be as the part of a new policy from asylum office, that seems to be hidden as you suggested previously with cancelled quarterly meeting?
Thank you again.
I have not seen it yet either, and since they canceled the stakeholder meeting, I do not know what the plan is to release new data. But there is a general trend to be less transparent, and so that may be part of the trend. I would guess that they will release the data at some point, but we shall see. Take care, Jason
Jason,
The approval notice package indicated that there is an orientation next month in the AO regarding the benefits and services that are available to asylees. I have a decent job now. I am not planning to apply to any cash aid, medical, or food stamps assistantship.
However, the notice says that “education” is on the list to be discussed. I am a master’s degree holder. Do you think attending the orientation for the sake of education is a good thing? In another word, what type of assistance do they offer in education? The plan is not only for me. One of my derivatives, an international MD, seeks to get licensed in the US. For international MDs, you will need to study a few courses in US universities to get the license. Do you think attending the orientation can serve in this favor? Or it is all about basic education services like adult community literacy services?
It may be worth going – even if it is not helpful, they may be able to answer questions. There was a time when asylees could get Pell grants, but I think that is no more. I do think it is worthwhile to go to the orientation, if it is not too much trouble. Take care, Jason
Hello dear Jason
I filed my asylum case in Houston on March 2015 got interview on Aug 2017 after six months waiting for decision they didn’t approve me and send my case to court my first hearing date was on April 2018 in Houston but when I talked to another lawyer he told me better to transfer your case to New York and I hire him, so NY give my first hearing in Sep 2018 and second hearing on July 2021. So within this year and half we send two motion both denied , now my lawyer says if you want a earlier court date transfer your case back to Houston and hire another lawyer from Houston to transfer your case , I have my wife with my two kids back in my own country and my wife is sick , I really need your help what should I do now? Thanks
There is no good solution. One option is to find a court that is fast, and move there to try to get a quicker date. I do not think Houston is particularly fast. One court that was traditionally fast and pretty good was Hawaii, but I have not heard anything about that in a few years. Also, transferring to a “fast” court, assuming you can find one, is no guarantee that your case will be faster – by the time the transfer is done and the case scheduled, it is hard to predict. One website to check might be “TRAC Immigration” (you can Google it). They give statistics about the different courts, and maybe if you look around on the website, you will find info about how fast the different courts are, and also about their asylum grant rates. There really is no right answer here, as there are no guarantees no matter what you do, but maybe TRAC Immigration will give you some ideas. Good luck, Jason
Hi Jason. I am an asylee that was approved in 2018 July. I do receive pell grant and other FAFSA aid and grants. I am in nursing school currently. So just like you advised, I think it’s good that any approved person should attend the orientation.
Thanks for all your assistance on this board!!!!
Thanks for sharing that – I thought they discontinued the Pell grants for asylees, so that is good to hear. Take care, Jason
Jason, thanks for your precious help. I have a valid F2 status and I have applied to Asylum and my wife as a F1 holder is my derivative. Do you think we are out of status now? As my wife will become a professor in two years and I am wondering if she can apply for GC through her job if we do not get approved for the asylum case by then or get rejected.
I think the answer to this question is not clear. I have not researched it, and so I am not sure. I suspect that if the asylum case is still pending, you will be considered in status for purposes of changing status, but I am not sure. I would have a lawyer research this to see if they can find a definitive answer, but I fear that this is one of those situations where there is no real policy and the only way to know will be to apply for the GC (which is an expensive process – so it is worth trying to find an answer beforehand). Take care, Jason
Hi Jason,
I am a newly approved Derivative Asylee. I recently applied for my initial EAD. After a while I changed my address online and I kept the confrontation among my file. After a month, I have requested expedite. The expedite request was denied within hours. That if fine but on thing is interesting! The email that tells me about expedite denial, says that my reported address for the expedite doesn’t match to their address on the system. I called back to USCIS contact center and told them about my address change and provided them the confirmation number on address change form.
The agent confirmed that they have the correct address on file and on the system. Now, I am worried that the reviewing officer has the old address and he may send my EAD to old address? Do you have any specific advice on this issue?
I am not sure what else you can do. If you know the people at the old address, maybe you can ask them to look out for the package. Also, you can track the case online, and if something is sent, you can know to look out for it. But it sounds like you confirmed the address change, and so I am not sure what else you can do. Take care, Jason
Hello
Please, does anyone know if anyone who submitted documents 4 years ago is called in for an interview in New York?
I have been waiting for an interview since August 2015. Balancing between depression and aggression. Responses to requests that come from the immigration service are particularly outraged. Three times I tried to speed up my interview, in response they sent me a text from an instruction on changing the order of a call to an interview, which we all know very well. Heartless people work there. They formulated a template version of the answer and send it out without answering specific questions.
I wonder how many thousands of people are forced to suffer because of endless waiting.
There are currently over 330,000 pending cases, so that is probably half a million people. Of course, since they have not put out any statistics in a while and they canceled the stakeholder meeting, we don’t really know. Aside from trying to expedite, there is not much to do. You could try talking to a lawyer about a mandamus lawsuit, but I do not know if that would work for people waiting for an interview. Take care, Jason
My asylum application was literally half empty when I sent it. I didn’t know how to fill most of it. They were pretty chill about it too. And the most ironic part of it all? They finished filling out my application for me during my interview. Im not too surprised tho. That snake Stephen Miller has his racist immigration agenda, and he and this administration will go to great lengths to implement it. Even if it means having to be petty and pathetic and reject immigration requests for the simplest things. Sad times I tell you…
This shows the contrast between people like Miller and the people who are just implementing and following the law. It is sad that the leadership cares far less about the law than the people who are doing the actual work. Take care, Jason
Hi dear Joson
I filed my i 589 back in January 2016 and it was rejected due to same issues i left blank- and then I resubmitted again no problem since then had my third EAD and three months a go i have had my interview as well? In Arlington
Do u think three month wait is normal i hope that I 589 should not have effect on my interview decision!!
Once in a while case would be rejected in the old days; and that could happen for a random reason. If you had your interview and there is no decision after 3 months, you can make an inquiry. You can find the contact info for the asylum office if you follow the link at right called Asylum Office Locator. A three month wait is fairly common, but you can inquire. Take care, Jason
What do u mean by case rejected in old days!!!
I inquired thru email today they replied as “ this application is pending a finals decision once a finale decision is reached you will receive by mail””
What is your interpretation from above text
“I filed in Virginia”
By the “old days” above, I mean before September 2019. As for the language, I think it is not very meaningful. It sounds like the case is pending and they will send a decision, but when that will be, we cannot tell from what they wrote. Take care, Jason
Thanks dear Jason for improving our knowledge about asylum seekers with no cost.we should stay in your ASYLUMIST school until we will be a GC holder.
I have three questions:
First-my translator in my first interview was chosen by my attorney and it cost 400$ (2014 in Los Angeles).He was not well prepared.What’s your advice to pick a right and affordable translator?Do they need any certificate?
Second- How can I access to sending/mailing date?
June 13,2015 is my one-year deadline and my receipt date was June 15.My attorney mailed my file and he ensured me that he mailed it prior to the one year.
I think I should have my receipt in my interview that my attorney mailed it.
Have you kept receipts of your clients?Have you emailed any receipt copy for your clients?
Third- I arrived to the US with visitor visa June 13th, 2014 and I was denied in my lawful status.I reapplied.
I’m not sure which one is right:one year after arrival or one year after illegal presence?
1 – If you are able to read this blog, maybe you do not need an interpreter. You may be better off without one, but only you can decide that. As for the fee, $400 seems pretty high to me, but prices may vary depending on the language. I am not sure how to find a good interpreter in LA, but maybe contact some non-profits there that do asylum and ask if they can recommend someone. 2 – You and your lawyer should both receive a receipt about a month after filing. The receipt should have all that info, including the date the case was filed. I always keep my clients receipts as they are important as evidence that the case is filed. If your lawyer has your receipt, he is required to give you a copy if you request it. If he does not, this is a big problem and he may be hiding something. If you need a copy of your full file, your lawyer should give you that too, and you can also get it directly from USCIS using form G-639, available at http://www.uscis.gov (this is free). 3 – For the one year bar, I did a post on January 18, 2018 that might help. Take care, Jason
Hi Jason, what is thise propose change regulation means for asylum seeker”the Departements(DOJand DHS) propose to remove their respective regulations governing the automatic reconsideration of discretionary denials of asylum applications.”
If a person meets the definition of a refugee, he qualifies for asylum, but he does not get asylum unless he shows that he merits a favorable exercise of discretion. In almost all cases, except where the person is a criminal or human rights abuser, the person would merit a favorable exercise of discretion and he would then get asylum. However, if an Asylum Officer denies asylum solely based on discretion, my understanding was that this decision would be reviewed by headquarters. Maybe what this regulation means is that HQ will not automatically review discretionary denials. But in truth, that is my guess and I am not sure. Take care, Jason
hi again Jason sir
I have a pending asylum in court because I entered as a crew member D2 visa. I waited 5 years my lawyer didn’t know before that c1d or D2 visa are not the judiciaries in asylum office so I end up wasting my 3 years and lots of money for nothing…
finally, I have one option, my husband, filing i-730 petition for me. yes we were married before the asylum
SO MY QUESTION IS = my crewmen visa could be a problem for AOS
sir, please help me I don’t want to wast more years and I am not financially good condition
many many thanks
Unfortunately, I do not know. Crew member visas are different from most other visas in that they limit what you can do in the US (as you learned from your asylum case). I think that you can benefit from the I-730 petition, but I have not done such a case and so I do not know for sure. Your lawyer should research this point and see if there is an answer (or if you are not confident in your lawyer, maybe you can find a different lawyer to do this). You can also check. The easiest place to start is the I-730 instructions, which may cover this situation. Also, the I-730 is free (at least there is no government fee) and so you can get that started and then your lawyer can talk to the DHS lawyer to see whether they would agree to give you derivative asylum status. My guess is that this should work, but you need to look into it to be sure. Take care, Jason
Hello Jason, re-apply for asylum is a part of immigration law or just a regulation which administration would be able to change that?
could administration reject to allow someone re-apply for asylum?
Thank you.
Anyone who is physically present in the US can apply for asylum. That is in the statute, and only Congress and the President could change it. The procedure for a second application is regulatory, and so they could modify that, but I do not know that this is a priority for them, as I think second applications are not a major issue (at least as far as I know). Take care, Jason
Hello Jason
I filed my application on October 23, 2019. I live in NY. I am checking my mailbox everyday and there is no confirmation of acceptance yet. Its been almost a month. The reasons you explain in the article are probably contributing to my delay. Do you believe that 1 month is OK, or should I wait for more before reaching out USCIS? Many thanks.
I think you should wait a few more weeks. However, I have not filed a case in NY lately. I do know that both the Texas and Vermont Service Centers are taking about 6 to 8 weeks to send the receipts, and so I think you might wait a bit longer before trying to contact USCIS (which is a real challenge). Take care, Jason
Hi, I have pending asylum case an waiting for decision.on the other hand, I am student and my I20 valid but using asylum work permit to work.can I marriage with GC holder and get my green card without leaving the US?
How long have you been waiting for decision and what office?
This is tricky, since USCIS might consider you out of status since you applied for asylum (and maybe since you used your EAD). An easy solution, if you can do it, is to wait for your spouse to become a US citizen. Then, it will not matter if you are out of status. If you cannot wait, maybe talk to a lawyer to research the question. Since the GC process is expensive, it would be a shame to pay for all that and then get denied because USCIS determines that you are out of status and not eligible to adjust. Take care, Jason
Why doesn’t USCIS ever have a clarification on this issue ?
Good question. Their leadership seems to have little concern with clarity or due process. Their main concern seems to be reducing the number of cases. Take care, Jason
Jason, she can apply for citizenship on Oct 2020. my lawyer told me you can apply for GC this month since you do not need wait to file form i485 because the waiting time is current for spouse of GC holder, but to be honest I do not feel confident about his opinion. so, you think is better to wait until she got her citizenship status. If they refere me to court , can ask the judge to give me more time until she become citizen. the lawyer told me there is way to delay the hearing.
The lawyer knows your case much better than me, and so you may want to defer to him. However, my concern is that USCIS will find you not eligible to adjust if they think you are not in-status: In general, a person married to a US citizen can adjust status (get a green card) even if that person’s status has expired. But a person who is married to an LPR cannot get a GC through marriage unless that person is still in status. In your case, I am just not sure whether USCIS will consider you in status. The only real down side to applying now is that if you are not “in status”, USCIS will deny the I-485 and you will lose your money. You will be able to re-apply once your wife is a US citizen. On the other hand, the I-485 ain’t cheap and it is a lot of money to lose. I think it is up to you, but maybe you want to raise this issue (whether or not you are still in status) with your lawyer to see what he thinks. Take care, Jason
Hello Jason, my EAD and DL expires 06/2020 and I’m thinking of apply for renewal in December. Does it mean I won’t be entitled to renew my EAD following the new rule? Thanks I’m so worried
As long as you entered the US legally, the new rule will not apply to you. You can file to renew up to 180 days before the old card expires, but do not file early, as it could be rejected. Take care, Jason
Dear Jason, I am worried now. I apply for my first EAD together with that of my Wife and children.
The Status of all my family member changed to ” card is being produced” while my own status still showing ” case received”.
What do i need to do? And why is it like that?.
I am the principal applicant.
I would not worry about this – it is very common for different people in one case to get different messages and to have some EADs arrive sooner than others. If you have your receipt, you should be fine, but keep an eye on it, and if they get the EAD and a few weeks pass without you receiving yours, you could contact USCIS to inquire. Take care, Jason
Hi Wakanext,
I don’t think there is a reason to worry because this situation is very common. It happened to me couple months ago. I applied with my husband but they approved his EAD application about two weeks before approving mine. Just keep watching. You will get yours anytime soon. Good luck . I am the principal too.
Hi NEMA,
How long did it take to receive your first EAD?
Asylee
My first EAD was in 2017 and it took 4 months but the renewal( on September this year ) took only 2months. You never know what to expect with them.
Hi WAKANEXT,
Can you tell which office? After how long wait did the status change to card is being produced?
Houston Office.. It changed after 3 weeks
Hello Jason,
thanks for useful information. is it possible the new provision of EAD would apply for asylum seekers who applied for asylum before one year deadline,but their case was denied by asylum office since they are in status and they want to re-apply for asylum at the end of their status?( an asylum seeker who had pending case for more than one year with EAD,but was in status when the asylum was denied)
Thanks
I imagine that it would apply, if you file the new case after the provision goes into effect, but I have not read the new regulation very closely yet. In general, when you file a new asylum case, you get a new clock, and so you have to wait 150 days before applying for the EAD. Take care, Jason
Hi Jason,
Do you expect the exception that allowed people in lawful immigration status to overcome the one year deadline to change? Could they come out tomorrow and say that they don’t consider having a lawful status to be an extraordinary situation any more as far as the one year deadline is concerned?
The immigration law makes clear that people with pending asylum cases are not entitled to a work permit. However, given the long delays, such people cannot survive the wait, and so if the Administration tries to eliminate work permits for asylum seekers, it would effectively kill asylum. For that reason, I think there is a good argument that they would not be able to eliminate work permits, and that even the one-year waiting period may be impermissible. This is a question for the courts, and while lower courts have generally blocked the Administration’s worst excesses, the Supreme Court has been more cooperative. In short, we will just have to see how this plays out and hope for the best. Take care, Jason
Thank you for your response. But my question was not about the work permits per se. I was wondering if the administration might attempt to bar the people in lawful status from filing for asylum based on the 1 year deadline. As far as I understand the exception that allows people in lawful status to overcome the one year deadline is entirely defined by regulation which could change at any moment. I wonder for those of us who are in lawful status but abstain from filing for asylum in the hope that our country conditions might change, what sudden calamity awaits us in new regulations.
The exceptions are part of the US Code (INA 208(a)(2)). They also appear in the regulations, but to change them would require Congress and the President to amend the law. Take care, Jason
Hi Jason,
Can I ask a question. So you mentioned there is a new and anti-asylee asylum division director, trump has been filing courts with anti-immigrant judges. And I suspect the asylum officers are also trending increasingly harsh. Will these people stay even if Trump is not re-elected ?
The new director of the Asylum Division is not anti-asylum, at least as far as I know. He has been in government for some time and he worked for the anti-fraud section, but I have no information that he is against asylum. As for the judges, many of the judges appointed by President Trump are perfectly fine. There is an issue at the BIA, where 6 judges who have high asylum-denial rates were appointed to that appeals court. Whether those 6 judges, or the others, will remain if there is a new president, I do not know. But I would suspect that we will get some new BIA Board Members and maybe a new Asylum Division Director. I would guess that most of the Immigration Judges will keep their jobs. Take care, Jason
Thanks Jason. I knew from Nov 8, 2016 that things will only get worse for us…
Hi Jason. I am very stressed out by this post. I filed my application on Nov. 11 and although I put N/A for the stand-alone (middle-name and etc) questions that the answer was not applicable. I left the boxes that were for further information (other US entrance, sibling names and address part blank). Does this mean that my form would definitely not be accepted and will get returned to me? Plz reply me ASAP if possible for you. I am very nervous.
It is possible that the application will be returned to you. If that happens, you can resubmit it, so although it is extremely stressful and upsetting, it will only delay the case for a few weeks. Take care, Jason
I am worried that my prediction that I-589 form will be sabotaged will come true…
Hi, Jason,
Thank you for providing this infon to us, do you know if it’s applicable to EAD renewals as well? It’s so scary that they would reject case because of the unfilled box and leave people hanging like that. Not every person has money for attorney, or knows english that well in order to refill these forms himself.
I think it is less of a problem for EAD renewals; just be careful to complete the form accurately and don’t leave blank spaces. I agree with you about the forms – I think there is a deliberate effort to make things harder, so those who do not have a decent lawyer or who don’t speak English, will have a more difficult time. To me, this is the exact opposite of due process of law. Take care, Jason
At this point, if USCIS could do that, they probably would. Take care, Jason
Hello Mr.Jason,
My family and I are going to fill I-485 forms for Permanent Residency. It’s been a year since we were granted asylum. We have a question: my father was the principal applicant for I-589, and he included the rest of my family in the form. Does it mean that I’m a “derivative asylee” or a normal asylee?
Also, in the I-485 form, should my father be the principal applicant and us be derivative, or is it okay if we apply separately? Also, is there an interview for Permanent Residency through asylum?
Thanks.
If you got asylum because he won and you were in his case, then you are a derivative asylee. For the I-485, you each need to file your own application – check the fee schedule, as minor children can pay a reduced fee if they file with their parent. USCIS said it would interview all derivatives, but I do not know that that is actually happening. Principal asylees are usually not interviewed when they apply for the GC. Take care, Jason
Jason,
“Asylum status: Granted Indefinitely”
“You have been granted asylum in the united states”
I am the one with the 7 years pending case and three conducted interviews. I don’t believe it. There are no words express my feelings. The pain is over finally. I am alive again. I am inhaling Oxygen again and stopped breathing an unendurable subjugation.
The courtesy goes to the ASYLUMIST academy and to you specifically. Had I not educated myself through your website, I would not have won it eventually.
Thank you people of USA. Thank you, everybody, who helped me. Thanks to my lawyer. Thank you Asylumist. And thank you, Jason.
To be specific. I made fatal mistakes in my first interview. I was under the impression that I have to answer every single question; otherwise, the officer would think that I am not cooperating and he will deny me. I started answering questions according to what I think the truth is.
Your article “I Don’t Know, I Don’t Know, I Don’t Know” on June 1, 2017, was the main contributor through which I was able to fix my mistakes in the second and third interviews. I was able to explain exactly what I know as a fact; and what I thought the truth is. I was able to let the officer know exactly what happened.
Your articles
– “My Asylum Case Is Delayed; What Can I Do?” Feb 26, 2015
– “Asylum Case Delayed Forever?” Oct 20, 2015
– “Where Terror Victims Are Treated as Terrorists” June 24, 2016
Those articles were my official guide along the journey.
Above is not everything that I gained through the ASYLUMIST. I have 32 key articles in my plate, that is really hard to list all of them, were crucial in educating myself and handle my critical case correctly.
I am sorry for the long post. But I cannot thank you enough for everything. At some point in the future, when I will have an abundance of money, I will reach out to your office to donate for the ASYLUMIST. It should grow bigger as your help to us “poor people” is beyond any imagination. I feel everybody’s stuck situation here; I feel every pending case regardless if it was interviewed or waiting for an interview. I feel the pain and sorrow inside every oppressed and innocent asylum seeker.
Jason wrote: “The problem seems to be compounded by the disconnect between asylum seekers’ expectations and the reality of the asylum process”. (Jan 9, 2018).
In one of your articles, that I don’t have a reference to, you advised us, while pending, to return to the God we worship; try our best to proceed normally in our lives, buy houses, apply for jobs, try to withhold the life in as much as we can. I did that.
You said “Prof. Haas characterizes the asylum waiting period as one of “existential limbo” where “the very viability of their lives [is] in a state of profound uncertainty.”” (Jan 9, 2018). That is completely true when you interpreted it as “extreme anxiety”.
Thank you very much for supporting Syrians in your articles logs. You wrote more than once about that. These poor people deserve your support. Thank you over and over.
Now I am reading:
– “The Perils and Pitfalls of Applying for a Green Card” Nov 13, 2017
– “What Happens When Asylum Is Granted?” June 29, 2018
Please let me know if you have any more advice?
Timeline:
– Early 2013 filed an asylum
– Early 2015 1st interview.
– Mid 2017 2nd interview
– Late 2018 3rd interview
– Late 2019 Asylum granted
That was in SF office. I took no actions more than congressional inquiries once per year.
Hello syrian…
Many many congrats to you…I was eagerly waiting that when will you post the good news…(and was praying too that you get a positive reply😊)
I have been waiting for 4 years..so I can feel the pain of waiting…
Congratulations man. I am so excited about you. I have been waiting for 3 years and know how tough it is to wait hopelessly for something that could change your life. Good luck in your endeavors and wish you best of luck
This is terrific news – Thank you for sharing. It is especially helpful to hear when a Syrian person gets asylum, as it seems they are having a more difficult time than people from many other countries. I don’t have any other posts I can think that are helpful. I did once do a post about my visit to Syria in 1990. That post is dated April 6, 2015. That said, I wish you well going forward, and of course, Welcome to the USA! Jason
American idiom says: “you made my day”. I say that you “made my life”. I really cannot stop thanking you, Jason. I will try my best to come by your DC’s office someday to thank you face to face. I read your (April 6, 2015) article. The picture in that article shows “Bab Sharqi” = “Eastern Gateway” behind you; one of the ancient seven gates in Damascus. This is an immemorial place where Jesus Christ will show up when he returns by the end of the life according to the Islamic religion. Very close to where you were standing, there is Hanania Church (House of Saint Ananias), the oldest church on earth where Ananias baptized Saul.
Thanks for everybody who congratulated me. I pray that things go smoother for you, hopefully.
Thank you – If you are in DC, please stop by. However, keep your expectations low, as our office is a bit of a mess. Take care, Jason
I’m happy for you Syrian. Congratulations. Welcome to the land of freedom and home of the brave
Congratulations Syrian, so happy for you that you finally received your approval particularly after 7 years and 3 interviews. It’s a wonderful news for everyone and inspiration that we should never loose hope. Thanks for sharing.
I think you are an awesome person. I am happy for you. Congratulations!
I was waiting for your good news
Mobaaaaark
Thank you for shearing
Congratulations Syrian. Your positive outcome just made my afternoon. I have not been waiting that long but with two interviews and more than a year since the first interview, I don’t know how much longer I’ll have to wait. Your decision gives me hope.
Huge congrats!I’m really happy .you really deserve this happiness.
Thanks for sharing your information in this journey.
I’ve been waiting since June 2015 from Los Angeles. I hope every true asylum applicant will be approved soon.🙏🏻
Keep on waiting.It will be happened, not early not late- but on time.
Congratulation Syrian!!! I am really happy that finally your ordeal is over. I can understand what you have gone through.
Hi Jason, thanks for your useful information. And thanks for being with us. I am a pending asylee since December 2016 and waiting for first interview. I have one question – my sister is US citizen and she applied for me i guess, 2012. The problem is we can not check my case status because my sister lost all papers which included my petition. So is there any way that we can find my case number and it would be the negative effect for my asylum case? My elder sister first came here 1999 through DV Lottery visa, then my parents, my siblings all came here through family petition. So that’s the reason i didn’t have any intention to come USA and stay like this cos i know my sister already applied for me but the situation was totally bad. I tried to back my home country 2 times i thought maybe situation would be under control but nope the situation was worst. I had to leave as soon as possible. So all of this situation do you think it could be bad effect on my case? And i have one suggestions for Trump Administration, they want to be like Australia and Canada for Immigration Visa as Mr. Trump said so. In this Country have lots of undocumented people who are really educated; give them opportunity, open that kind of Visa with those kind of criteria (like Bachelors or Masters, Language Proficiency Test, Work Experience, etc) who can apply. Trust me Jason, here lots of people who are undocumented they have the ability to apply this kind of visa. However its just my opinion cos i feel like before we help other people, first we need to help each other. We need to solve the problem instead of increase the problem. I know administration have tough time too. Hope! everything would be easy for them. May Allah bless USA!
Thanks again for your support Jason.
Maybe your sister can do a Freedom of Information Act request – form G-639, available at http://www.uscis.gov – to request a copy of her file and the receipt for the I-130 petition she filed for you. That is free and should get you what you need. As for the asylum case, it should not be affected by the pending I-130, as long as all the info submitted is consistent and there are no major differences between the I-130 and the I-589. Take care, Jason
Thanks, Jason for this information. It is scary if they are planning to block or delay the work permits. It may create more problems because people will try to work illegally to survive, they won’t be able to get an ID or driver’s license. There will be more problems.
I agree. If that goes into effect, it would not be for current applicants. It would be for people who file after January 2020, or whenever it goes into effect. Take care, Jason
Hey Jason,
I’m afraid that is not true. The provisions of the new rule would apply to both initial and renewal applications filed after the effective date, regardless of when the original asylum application was filed. In fact, two of the provisions (the one-year filing deadline and the criminal record provisions) would apply even to EAD applications *pending* at the time the final rule goes into effect. Many people who already have EADs from their pending applications will be denied renewal. Unless this is blocked by the courts, it is going to be catastrophic for so many applicants. Denying them the ability to work, attend school, or even get a driver’s license effectively constitutes an insurmountable barrier to continue with their asylum claims.
I was thinking of the one-year waiting period, but I did not read the whole thing yet, and so maybe people who entered unlawfully will lose their EADs, even those who have them now. If so, that would be a disaster and would also make it impossible to seek asylum in the US for many people. My hope for a court case is that because blocking people from an EAD (for a year or forever) would effectively negate asylum, and because the reason for the change is bizarre (at least as I read it), the change will violate the APA and courts will block it. Of course, these cases tend to do better in the lower courts than in the Supreme Court, so I guess we will see how it goes. Take care, Jason
I am not understanding this.
So asylum seekers will no longer be eligible for eads and renewals.
If so, that is a blanket ” go and die” to people who are already emotionally and psychologically dead.
Can someone please explain this to me?
For most people who have an EAD, they are ok. The issue may be that people who entered the US unlawfully could lose their EADs. I have to read the rules more thoroughly to be sure, and of course, all this depends on the new rule not being blocked by a court, which we hope will be the case. Take case, Jason
Thanks, Jason.
I see.
Thanks!