Way back in the summer of 2015, immigration lawyers started to notice that EOIR was scheduling hundreds, maybe thousands, of Immigration Court cases for a single date: November 29, 2019. Supposedly, this was a holding date, and all those cases would be rescheduled. Now, November 29, 2019 is upon us. As such, I thought it might be nice to re-visit my blog post from back in 2015, when all this seemed a long way off (plus, it being Thanksgiving, I wasn’t much in the mood to write something new). Have things changed since 2015? You bet. But mostly for the worse, as there are now over one million cases in the Immigration Court backlog (in contrast to 2015, when there were about 456,000 cases in the backlog). Anyway, without further ado, here is my blog post from July 1, 2015–
Postcard from the Apocalypse: November 29, 2019
BEGIN TRANSMISSION:
If you’re reading this, maybe there’s still hope. Today is November 30, 2019. Dawn. Yesterday, the world came to an end.
I am one of the few survivors. The very few. And I am sending this transmission back in time by Tachyon beam in a desperate attempt to avert the apocalypse and to save humanity. By my calculation, this message should be received in July 2015. Back then, in your present, it was not too late. Things could have—could still—turn out differently.
What happened? Nuclear war? Environmental degradation? Rapture? No. Such disasters, we could have dealt with. It was something at once more horrifying and more mundane. More innocent, yet more insidious. Small, yet massive. You get the idea.
“What was it, then?!” you plead. Listen well, my friend, and I will tell you the tale of November 29, 2019. On that day, the U.S. Immigration Court system collapsed upon itself, creating a singularity–a black hole, if you will–that absorbed everything in its path: First it took foreigners. No one seemed to mind. Then it took hippies, Libertarians, bachelorettes, and then people who enjoy listening to the Redirect immigration podcast (seriously, though, you should be listening to that). Finally, it took everyone and everything else. Now, all that’s left is me and a few others. We don’t have much time.
It all began innocently enough: Immigration Courts started scheduling a dozen or so aliens for hearings at the same time and place. Didn’t they know that this violates a basic law of physics and, as it turns out, a basic law of Immigration Court—No two aliens can occupy the same hearing space at the same time! Read your Archimedes, people! Isaac Newton! Anybody?
Oh, the powers-that-be at EOIR (the Executive Office for Immigration Review) didn’t think it was a big deal. They were violating the alien’s due process rights, but only a little. And it was for a good cause—efficiency, so what did it matter? But then they got arrogant. Master Calendar Hearings with 40, 50, 60 or more people. Half a dozen respondents on the same transcript, answering charges and conceding removability en masse. Due process protections eroding. But so slowly that no one noticed. The lawyers, the aliens, all of us became complacent. We let it happen.
And then things got worse. In 2014, Immigration Judges started scheduling scores, then hundreds, then thousands of aliens to appear on a single day—November 29, 2019. They claimed this was some sort of “holding” date; that the cases would be rescheduled. Lies! Instead of making the hard journey up Mt. Sinai to seek justice, they worshipped below at the idols of efficiency and budget cuts. Who sows the wind shall reap the whirlwind!
Before anyone really understood what was happening, tens of thousands of immigrants were scheduled to appear in Immigration Court on that fateful day, November 29, 2019 (may it be obliterated from memory). Throughout November, they gathered. They came by themselves or with their families. Small children without parents. Old people. People who had lived in the U.S. for years and people who were fresh off the hovercraft (hovercrafts were very popular in 2019). They filled the Immigration Court waiting rooms and spilled into the hallways. Masses of people, huddled together. Waiting. Soon, the court buildings were full, but still they came.
EOIR saw what was happening. They could have stopped the madness. They could have rescheduled the cases. But they didn’t. Why? Was it a conspiracy that reached to the highest levels of government? Or had some scheduling clerk gone rogue? I suppose we’ll never know, and anyway, it doesn’t much matter.
The more the foreigners gathered, the more they came. It was exponential, logarithmic, seismic. Soon, it wasn’t only people facing deportation. People with TPS started showing up. They were followed by conditional residents who were still married (miracle of miracles). Then there were people with valid visas, still in lawful status: B’s, TN’s, and L’s, Q’s and R’s, H1-B’s and E’s, all varieties of A’s and J’s, and even the odd I or C visa holder. I knew we were in trouble by the time the lawful permanent residents began showing up. And when U.S. citizens started arriving, it was clear that something terrible would happen.
And then it did. The collective gravity of all those people began feeding on itself, swallowing everything and everyone in its path–a black hole. But like I say, if you’re reading this, there’s still hope. There is a simple solution to the Immigration Court backlog. It’s so obvious, that it’s a wonder no one noticed it before. All you have to do is…
ERROR ERROR ERROR END TRANSMISSION
If you marry a citizen with poverty level of income will you get the green card or those blood sucking capitalists will deny you ?
You can still get the GC, but you have to satisfy the blood sucking capitalists and get a joint financial sponsor (meaning, another person besides your spouse will have to file an I-864). Take care, Jason
If you ar the one involved in the subject of your question, I believe you have no place in this forum.
There are many legal ways like sponsorin for example.
But my friend, if you have this adverse attitude towards capitalism….you will not make it here.
Good luck.
To paraphrase Winston Churchill: Capitalism is the worst way to organize an economy. Except for all the other ways. Take care, Jason
I was asking the question from Jason not you , I say what I wanna say . This is America .
if you have this adverse attitude toward freedom of speech….you will not make it here.
Good luck.
Hi Jason,
I want to appreciate all that you are doing for us on this platform, I must confess you are a lifesaver.
Please, I need some clarification over my case status and a piece of candid advice from you or anyone in my shoes.
1) I submitted my application in Newark in May 2017 and still waiting for an interview. As of January 2018, I moved to Texas to work and school but got my address changed on the USCIS page in January 2019, receiving confirmation that my “Address change request successfully submitted: and updated to my address in Texas”.
Please does this automatically transfer my case to the Texas Asylum Center or I would need to let them know? Though I received my new EAD card in Texas when i applied for it a few months back.
2) While schooling here in Texas, I am being charged as an out of state student.
Can I still maintain my application in Newark as a resident, while I maintain my line in Newark instead of moving to Texas and starting all over again?
Do you or anyone know the month they are treating in Texas at the moment as I am scared, should I move it completely to texas, as I can see it’s not completely moved when I got a reply from Newark today that I am still under review?
Thank you as I will wait for your swift and concise reply.
Emmanuel
1 – That should be enough, and the case should now be in TX. The system is a mess, though, so I guess you could try to confirm if you want – you can find contact info for the asylum office if you follow the link at right called Asylum Office Locator. 2 – Since there is no “line”, I do not know if this is relevant. Also, you need to give them the address where you live, so you may not have much choice about which office adjudicates your case. I do not know about how they are processing cases in TX, as they have not published anything lately. Take care, Jason
Thank you, Jason, for the reply.
I wrote the Newark office about it and just got a reply that my file has moved now and I am under the Houston Jurisdiction henceforth.
I am doing this because my school still runs to 2022/2023 thereabout, and more so since I will be filling my second income tax here in 2020, it’s better to avoid a mixup.
Regards,
Emmanuel
Hey Jason, thanks for all you do.
My EAD expires in June, my individual hearing is in March. I want to apply for EAD renewal this month but I just rented a new apartment and it’s just 30mins away from the previous one, do I have to change my address or can still use the previous address because I’m thinking change of address might slow things down a little bit and since I still have 100 percent access to the previous address I can just keep using that one.
Pls advice.
Thanks
Best regards.
You are required to change your address with the court, and it is best to do that, since some judges get angry if you do not (use form EOIR-33). Also, you can use the new address for the I-765, and that should cause no delay at all (other than the normal delay). Take care, Jason
Hello Jason
I just wanna know is the Arlington office is doing any pending cases? it is almost 5 years of waiting to get the interview.
Thanks
Supposedly, they are doing some percentage of new cases (maybe 10 to 20%), but we have not seen any new cases get interviewed lately. Other than that, I think the only cases we have had there lately were expedited. As far as I know, they are not doing any non-expedited backlog cases. Things often change as they move resources around to the different asylum offices, so that could change, but that seems to be how things are now. Take care, Jason
Hi Jason,
Thank you so much for this blog. I went for my interview Chicago office on the 19th of November all along the online status was saying Decision pending its exactly 2 weeks today and it has changed to Fees waived but for my asylum receipt number but goes on to talk about work authorization which i did not apply for. Could this be bad or good news. Im worried sick.
I had the same symptom two weeks ago (waiving fees for work authorization that I didn’t apply to). My case was approved. When they approved my case, they sent me a package indicating that they will produce a new EAD for me and they waived the fees.
Hopefully, that waiving the fees is a sign of approving your case. However, as Jason always says, don’t trust the online messages and statuses until you receive something tangible. I wish that you receive good news soon! Make sure that somebody is always available at your address because the AO sent an authorized letter by USPS where somebody should be available to sign it.
Jason,
I feel that the AO nationwide is making some good efforts in deciding pending cases after the new CEO took over, isn’t it? I hope so because waiting is much harder than denying. This is what I believe. Do you have any idea about the recent decisions’ flow rate?
There is no new data from the asylum office (at least I have not seen it), and so I do not know if decisions are increasing. The new Director comes from the anti-fraud unit, but he is a long-time government employee and hopefully, he will follow the law (as opposed to what his superiors seem to want). I do think it is too soon for him to have much effect on decision-making or anything else, as he has only been there for a few months, but maybe. I guess we will see how things go. For me, the jury is still out. Take care, Jason
Dear Mr Jason
A quick question , can I apply for a travel doc since my case is pending with immigration court?
Thanks
In most cases, if you leave when you have a court case, you have basically deported yourself. An exception may be people have have a green card but have been put into court to take that away, and it has not yet been taken away. Theoretically, it is possible to get permission from DHS (the prosecutor) to travel, but I have not seen before and I think DHS does not give such permission these days, though I am not sure. Your lawyer or you would have to reach out to the DHS Office of the Chief Counsel (a link is at right) to ask. Take care, Jason
Thank you for sharing you story i feel a little comforted, fingers crossed i get the good news soon. Do you know long did it took the mail to come through since i may need to sign for it im trying to plan my work schedule so i can be there.
Thanks in advance!
They took 4 business days between the online message change which was stating: “fees waved” and the arrival of the actual decision. If you have to go to work, it might be wise to visit the local USPS office. Sometimes, if USPS misses you, they put sticker on your door stating that they tried to deliver and sometimes they don’t. It would be a good idea to give them a daily visit starting after 5 days of the online message to see if they have anything to you.
I know a lot of people received their decisions inside their mailboxes, though. My case isn’t a rule.
I wish that you receive good news soon. Please let us know.
To everybody else on this forum who is still under a pending status; especially those who have been waiting for years. I know exactly how does it feel when seeing asylees around receiving decisions while you are not. At some point, I started praying that I just receive any decision even denial would much better than brutal waiting. Hold tight guys; be strong; as “TIRED OF WAITING” said; Good things will happen in a certain time. Empower yourself as much as you can. I know exactly how does it feel like. I wish you all good luck. God bless you.
Thank you Syrian. I pray i receive good news too.Will definitely update y’all.
You were right Syrian exactly 4days i got the mail. I have been granted after all the wait.
Thank you Jason.
That is great news – Congratulations! I wish you the best in the USA. Take care, Jason
Hi,
I have a quick question. When did you file the case, how long did ou wait to get the receipt and also the interview. I also filing in Chicago just want to know your timeline. If you are okay to share. Thanks.
So i applied in July 2016.Requested an expedite in February 2019 the response was i had been placed on a shortlist. Approached the congressman who is a Republican (very very helpful and has followed up with me every step of the way) and the senator both in October and sent a second expedite request. They both made the enquiry on my behalf interview was 2weeks ago.All along decision was pending when i checked online then today it says fees waived for ead and they have mailed me further instructions.So im still waiting for that.
This is the route i took now some people have different approaches. I had no lawyer or representative i moved to the us alone and i have no family or friends here, i did my own research and gathered everything i needed. I had a really strong genuine case with tangible evidence both physically and on paper so all i needed was a chance to present my case. Be sure to be thoroughly prepared once you request an expedite because they only gave me 10days. Which i gladly accepted because i had been waiting for years.
I hope i answered all your questions.Thank you!
Some people consider that a good sign, but I think you need to wait for the decision in the mail, as you never really know until you have that. Good luck, Jason
Thank you Jason.
You should be very excited to see even a simple update on your case. Mine was interviewed 3 years ago but I never saw any updates. I have used the Ombudsman that make an inquiry as well as my congressman but they keep asking me to wait for 90 days. I have waited 90 days in 3 years. Oh asylum seems to belong to a certain category not only to all the people who suffered persecution. Good luck
I am so sorry to hear that but 2 months ago i was in the same boat with you then all of a sudden things started moving if you believe in God like i do i pray you get your miracle soon. Do not be discouraged everything happens in good time just keep looking for ways to expedite it may be that you are not presenting enough evidence consult your lawyer if you have one and if you dont maybe it maybe time to start looking along that route and it shall be well with you.
Thank you for encouraging me. There is nothing I have not tried. I went to Chicago and met with a supervisor who advised me to file a request to have the decision expedited but it has been over a year, nothing to show for that. I have used Ombudsman office and congressman. Hope God does something soon
Do not despair one day is one day. If this is any consolation at all, i have a friend who was interviewed 4years ago and she did not hear anything from uscis until February this year she was sent to court but only because her asylum application was a little complicated she was a dual citizen of 2 different countries. She was asked to come back again in 2021 but she asked for an earlier date and they gave her September 2019. She eventually got granted and she brought her family over. So do not lose hope your day is coming. Its not an easy road but hold on tight and you will live to testify.
Dear Jason,
Earlier I had told you about my situation. Four days before the individual hearing, my attorney was notified that the judge recused to hear the case because he himself was the trial attorney for my master hearing. I don’t have a judge yet and my attorney is planning to file an expedite request once they assign me a judge. I am not sure if that will work. What should I do now ? and if I sue the court, will it back-fire on me ? will they eventually revenge and reject my case ? Because this was not my fault. Why was I matched with the wrong judge then ?
Thanks
H.
I have never sued the court under these circumstances, and I do not know of such a case. I tend to think it will not work, but I am not sure – you would have to talk to a lawyer who does such lawsuits. I doubt such a lawsuit would have a negative effect on your case, but I do not know. It is probably worthwhile to wait and see when the next court date is, as maybe it will be soon. You or your lawyer can call the court and try to inquire about this – maybe that would help. Take care, Jason
Hey Jason,
I have been reading all the proposed laws for the EADs and how asylum seekers must wait 365 days after their application has been submitted to apply for employment authorization or even not apply at all if they passed the 1 year bar. Do you think this law will get approved? If so, would it be effective to all cases in the history of USCIS or only the new cases for the Fiscal Year 2020?
Thanks!
I think there is a decent chance that the new regulation will be blocked by a court, but we shall see. I plan to post something about this new reg later this week, but as I understand that portion of the rule, it will apply only to newly filed cases, not to pending cases. Take care, Jason
Hi Jason,
My case has been referred to IJ after waiting for 17 months since my asylum interview. I received the Iaj notice on November 1st. Since then, I have been calling the 800 number to know the master hearing date and IJ judge assigned to my case. however, the 800 number does not recognize my A number. Do you know how much time it takes for my case to be registered at IJ court or the 800 number? Is there any other way I can check my case status at IJ website?
Hi,
Been in the USA almost 4yrs now. Applied over 3yrs ago, I had my interview over 100days ago, no result yet. I requested expedition almost 2months, no response that they received the expedition letter nor given any results for the interview.
What do you think maybe the problem?
What do you think going happen?
Is this a good or bad sign?
I had not see my family for almost 4yrs. In this situation with interview completed and expedition letter sent.
How long do you think I will have to wait for with expedition letter send and no response? If I want to travel, can I apply for AP to travel on a vacation to another country other than the one I was fear going to? And or
Will I need any special justification? What can I give?
The long stay apart is breaking me down, besides I am feeling despressed each day?
Besides, June my EAD will be expired again, do I have to apply for a new one? When?
I have missed so many jobs due to the decision pending. A major employer is even waiting and hoping I get results soon to have me on board since they can’t employ me without the results?
I am almost completing my college education which I had to pay from my pocket since I couldn’t get financial aid.
Will employer justification helps in an expedition? Do I have to write another referring to the first letter? I am confused and worried.
What else can I do, Jason?
I am sorry to hear that. And No, employer letter will not help in an expedition…Your case have me concerned. Because I also need to travel. And the fact that you waited for so long to get approved….have me worried.I am hoping I can be approved quickly so I can apply for RTD…But…usually how long does it take for a non-background-checked case from a non-muslim-majority-country applicant to have a decision ?
There is no “usual” – people from non-Muslim countries seem to wait less time for decisions than people from Muslim countries, but I believe that only from my own clients’ experience. These days, most cases get decisions in a few months, but many wait longer. Take care, Jason
Thanks for sharing this data point.
I am sorry, but may I follow up. Since you mentioned a few months, has in any of your practice, a client requests expedition of the decision ?
We have inquired about decisions many times, and I think we have specifically asked to expedite decisions as well. I really do not know whether that works, as we sometimes get decisions after inquiring, but usually we do not, so it may just be coincidence. We have expedited interviews on many occasions – sometimes that works and sometimes, it does not work. Take care, Jason
There is no way to predict how long a decision will take. I wrote about post-decision delay on October 20, 2015, for what that is worth. You can try making another inquiry, or ask your Congressperson for help (links to the House and Senate are at right). You can also try a mandamus lawsuit – we wrote about that on October 2, 2018. You could ask the employer to write a letter explaining that you cannot be hired until you have permanent status in the US – maybe that would help to expedite. You can also try for AP – I wrote about that on September 11, 2017. I do think you should probably renew the EAD. It is expensive, and if you get a good decision, it will not be needed, but there is no way to know about that, and so it is probably better to have the EAD than to not have one. Take care, Jason
Hi when I check my case for renew EAD say your finger print review was completed what that mean please thank you for answer and how long takes to receive EAD
It probably means that either you already did a fingerprint appointment or you do not need one, since USCIS already has your prints. EAD renewals have been slow lately – maybe 4 to 7 months. Take care, Jason
Hi Jason!
I have pending asylum application which is waiting for interview now. My wife and my daughter are dependent in my case. My son who is US citizen is in China now. My wife plan to taking my daughter back to China and take my son to US in next summer. Our family is holding legal F visa now. My question is that they are still need to apply advanced probe in order to reentered US even they are only dependent of my case. Thank you!
If they are dependents on the case and plan to leave the US, they should have AP (I wrote about AP on September 11, 2017). If they only have F visas, they may not be allowed to re-enter the US, since an F visa requires that the person leave the US at the end of his studies. This conflicts with asylum, which is a request to remain permanently in the US. Also, if they return to the country where you fear persecution, that could have a negative effect on your asylum case (depending on the case). Maybe a better, and less expensive, idea is to try to expedite your asylum case – if the case can be approved, they can get Refugee Travel Documents to leave and re-enter, and as dependents, there should not be an issue with going to the home country. I wrote about expediting on March 30, 2017. Take care, Jason
Hello sir
Can dependent asylee lose their status if they got asylum through their spouse after filling Divorce?
If a person gets asylum through a spouse as a dependent, and then the couple gets divorced, the dependent loses their asylum status. If the dependent already has a green card then that person is safe, even if the couple gets divorced. If you lose your status this way, you should be able to file a “nunc pro tunc” asylum application in order to get asylum in your own right. Talk to a lawyer about that, and you should apply as soon as possible, as you could be denied for waiting too long. Take care, Jason
Hey Jason, thanks for your help. I have a question, my wife and I were granted asylum in July we are living in NY but my wife doesn’t like living here she been stressed out and she went to her parents house in Colorado to live there tempo.I just wanna know if we can use different address cause she changed her address in order to get an info pass and I am using our New York for travel document..
Thanks again for your help.
That should be fine – if you or she moves, you can file an AR-11 (available at http://www.uscis.gov) for the person who moves. If you notify USCIS about the new address, it should be fine; there is no requirement that you live in the same place (though if you were to get divorced, that would cause the dependent asylee to lose status and so you would want to talk to a lawyer about that to make sure there are no problems). Take care, Jason
Hello Jason,
I’m wondering about the number of interviews, if this indicate anything, and how likely that an applicant gets three interviews.
Thanks
Most people get 1 interview, but some get 2 or 3, or maybe more. The reasons for that vary – it may be an issue with the applicant, but it could also be an issue with USCIS, such as the officer did a poor job, or left the job without completing the case. I do not think additional interviews are necessarily a good or bad sign in terms of the outcome. Take care, Jason
Hi Jason,
My I-730 got approved months ago. However, the online case status didn’t change and showing that the interview was completed (Even though I received approval notice). After two months, the status changed and it says that the case was transferred to a local office. What does that mean? Even after approval, they transfer the cases to local offices?
If you are in the US, they may have transferred the case to the local office to interview you. If you are overseas, I am not sure why an approved I-730 would go to a local office. You may want to call USCIS about that: 800-375-5283. Take care, Jason
Thank you for the response.
My I-730 approved while I am in the USA. They already called me and my wife for Interview and after the Interview, I got Approval. However, the transfers have happened long after I received approval notice. That is why it is a little bit strange for me.
I am not sure what that is about then. It may be meaningless, but you could also try to call USCIS to see whether there is anything they can tell you. Take care, Jason
Hi Asylee
Can you please share how long it took for your I 730 to get approved. Were you in US while waiting ?
Thank you
Hi Almon,
Yes, I was in the USA waiting. My I-730 took 22 months. After having my interview in a local office, my case got approved. TSC was handling the case.
Hi asylum community ,
I’m just wondering if any one have the same problem with online case status website?
I checked my case on November 28 was available , then I checked yesterday and today I got error message !
Thank you all
The online system seems to have periodic problems. My guess is that this is a general problem and not related to you. Take care, Jason
Hello
I have a court trial on April. I changed my address. How to report that to the court? How can I file a change of address?
If you have a lawyer, the lawyer should help with that. If not, you use form EOIR-33, which you can find by Googling it. One copy goes to the court, and the other to DHS. The form instructions should explain that. Take care, Jason
Hi Jason
I am an asylum applicant currently my case is in court. My wife has her individual asylum case. I have some family emergency. I know I cannot leave country since it would be considered as voluntary departure and my case will be finished. But is is possible if i still leave and went to my country of cop and if my wife case is approved and can she add me as derivative later. Till now i am not added to her case because when we filed case we were unmarried but she’s added to my case. My B1B2 visa is still valid. Or is it possible if i go back to my country and looking my valid visa will i be given entry ?
Please reply.
Thanks Jason
Technically, if you return to your country, you have self-deported and you generally cannot return for 10 years (unless you can get a “waiver” to return earlier). However, you never quite know how things will play out, and sometimes people do manage to return on a pre-existing visa. That is probably a mistake on the part of the US government, and certainly you cannot count on that. If you leave, you should probably try to get Voluntary Departure – talk to a lawyer about that. You may be able to submit papers and get it from the Judge. If so, it will at least avoid the deportation bar to returning (you may have other bars depending on the case – talk to a lawyer about that too). Your wife cannot add you as a dependent to her case if you are outside the US. However, if she wins, she can file an I-730 for you. Whether that will work, I am not sure, as I do not know how a deportation order or other bar might effect your ability to return. You might have a lawyer research that to determine whether you will be able to return based on an I-730, even if you have a bar to returning. Take care, Jason
This article was funny. I smiled while reading this. Thanks. It seems there is no hope, Jason. Btw, I sent a request for short notice list Chicago Asylum office, The response was interesting “Your request has been forwarded to a supervisor. Short notice lists are viewed on a case by base”. Since then? Does it make sense to you? Everything is getting tougher for Asylum seeker.
I think the system is a mess, but there is still hope – cases are still being granted. As for the note from Chicago, it does make sense – I do not recall, but maybe their short list requires that you have a reason, similar to how an expedite request works in other offices. Hopefully, they will respond soon, and I would give them at least a month, but if there is no response, you can follow up. Take care, Jason
Who is Qualified for work permit renewal waiver Jason for a single person ?
You mean a fee waiver? I am not sure, but if you have low income or receive certain means-tested public benefits, you might be eligible to waive the fee. You can check the instructions to the form I-912, available at http://www.uscis.gov, to learn more about that. Take care, Jason
Do you know the the minimum income that disqualify you from waiver ?
I do not know – I think you need to check the form I-912 instructions, as it depends on how many people in your family and other factors. Take care, Jason
Hi Jason,
Can you explain me what Bar is? If i drop my case and go to another country will I ever be able to come here for studies or training or anything like that? I have been residing for 5 years now and my case recently received NTA.
A bar is just a legal barrier to doing something. There are different types of immigration bars. Some are absolute, meaning you cannot overcome them. Others, can be overcome with a waiver, which is a form where you request to return to the US or get a green card despite the bar. Take care, Jason
Hi, Jason and everyone here,
Has anyone applied for real id? I’m not sure what documents should we submit as asylum pending applicants, and if we actually can get real ID( to fly domestically). If anyone applied in NY and got approved, please share what documents you provided. Thank you
We all need to Amricanize despite the long wait. Happy thanksgiving to you guys out there. We need even one day to forget about asylum and live our lives
I told my “friend” that I am seeking asylum on grounds of LGBT persecution and then he got jealous because he isn’t fond of the idea that I could potentially get green card ahead of him, who is in the backlog for EB green card. He said he is going to mail USCIS counterarguments claiming that I am lying to get immigration benefits and I fabricated all the horrible situation in my home country and defending my home country’s treatment of LGBT individuals. It is happening. And he is really doing this. May I ask, how much of an impact would that have in my asylum case ? I am afraid that it will work…Since most USCIS officer may consider as long as LGBT individuals and relationships are not illegal, then I may be deemed as not having a well-founded fear…governmental inaction to conversion therapy or inability to offer protection doesn’t seem to be a persecution in many people’s opinion…given this: https://www.cnn.com/2017/10/05/opinions/un-death-penalty-resolution-usa-lgbt-ghitis-opinion/index.html , I fear it may be true…
This could have a negative impact on your case. You should collect any evidence you have about what the “friend” is doing – maybe if there are emails or anything in writing, or if you have mutual friends who can write letters. Also, you could try to sue him, but that would probably require hiring a lawyer. Otherwise, you just have to present the strongest case that you can. Take care, Jason
Thanks. I really appreciate that.
Asylum is a personal journey and sometimes those we consider our best friends, can become our worst enemies. First mistake was ever telling that friend your plans. I remember my first time considering asylum back in 2014, I made friends with someone from the LGBT community in US; who was originally from my home country. I sought their help but they only had ulterior motives and they brought people into my life at the time, also gay, also from my home country that tried to out me to my family while I was in the US.
The person tried to do that because of jealousy, they were stuck in the US for 20 years and wanted to claim asylum based on sexual orientation. They saw me having the best option of filing for asylum based on being gay and hated the fact that I had the potential of being successful.
Anyway, it was such a toxic situation I ended up leaving and going back to my country. But everything happened for reason. I came back to the US in 2019, but this time, I did everything basically on my own, didn’t try to make friends with anyone or confide in anyone but my lawyer representing me and a local LGBT counciling group. You need therapy when you embark on a journey like this and I think that is what you were seeking through your friend.
I understand why you would confide in a friend, but sometimes you have to be nuanced about the decisions you make when choose to do that. To me, that’s not a friend at all. Hopefully, you have some solid evidence to dispute their actions. You should also try reporting them to USCIS so they can be deported. People like that are not good and always have ulterior motives. They don’t represent merits of asylum and the American dream.
Same here, I also have people trying to out me as a threat to people from my home country’s community. So I no longer interact with people from my home country.
I want to seek as much advice I can get from people, but since I am not able to afford a lawyer. I can only talk to people in my average life about this. But most people who know it doesn’t seem to really think highly of it and they feel that I don’t deserve the asylee status…Is it generally advisable not to discuss immigration situation with other people because other people may use it against you ?
Hey you, if you’re a real gay, you should be deported immediately and stay in your country’s prison until you get the natural sexual orientation. If your case is a made-up story, then I wish you a bit of good luck!
This…
That is cruel lol
I mean, it’s not surprising. Some people just don’t like men sleeping with men. I mean…what can I do. I wish those people not coming to the US. But they keep coming…
Hi Jason,
My case has been referred to IJ after waiting for 17 months since my asylum interview. I received the Iaj notice on November 1st. Since then, I have been calling the 800 number to know the master hearing date and IJ judge assigned to my case. however, the 800 number does not recognize my A number. Do you know how much time it takes for my case to be registered at IJ court or the 800 number? Is there any other way I can check my case status at IJ website?
It often takes a few months, but some cases take much longer. You can call the DHS Office of the Chief Counsel (the prosecutor) and/or the Immigration Court (links are at the right) to ask if they have any further info about when the case will be put onto the docket. Take care, Jason
@Asylee, your point?
@TINA, that s/he doesn’t like LGBTs
And you? Your take?
I don’t have any opinion. It is what it is. I just feel that LGBT asylum seekers are the most vulnerable. They not only have to face the pressure from USCIS but also be repulsed by fellow asylum seekers…
As an LGBT asylum seeker, I don’t know where to find legal help and support. And the asylum community rejects me because of this. I feel they are among the most likely to lose their cases…due to lack of legal support compared to their cisgender heterosexual counterparts.
There are organizations that assist LGBT individuals – one good place to start is Immigration Equality. But many non-profits assist LGBT asylum seekers – I did a post on September 22, 2016 with links to non-profits. Maybe that would help you find some places that could assist you. Take care, Jason
I appreciate your honest response.
I do not think so. Legal help is available to asylum seekers in your category. Not all asylum seekers talk like asylee, so do not judge us all by his comment.
I am sure you can find lawyers that will be willing to take your case, provided your friend who wrote USCIS is wrong.
Asylee, many of the forms, including the I-589 and the I-485, applications that I am assuming you have filled out or will fill out, do explicitly ask if you’ve committed or incited violence against any group of people. Telling another asylum applicant- and I can’t make sense of your ignorance as you are also an asylum applicant- that s/he should be jailed because of his or her sexual orientation goes against everything that asylum stands for. And, you must be careful you are not accused of inciting violence against any group that can be classified as “protected” as you can be barred from receiving immigration benefits as a result.
Your homophobia, or religious extremism, has no place in a country like the US. If you have such strong feelings against members of the LGBTQ community, perhaps YOU might want to consider deporting YOURSELF, or go to country that is less tolerable to LGBTQ people. Do you really want to be in a country that has some of the largest gay pride parades, or one that recognizes same-sex marriages? Do you want your children to grow up in this kind of culture?
You should apologize to the person who made the original comment! In fact, Jason should have you blocked for inciting violence on any group of people or calling for a protected group of people to be persecuted or jailed.
I have been waiting for him to respond to my question.
That is such a horrible thing to say. Considering you are an asylee, you have experienced persecution. That should have let you develop some compassion, understanding and acceptance of other differences. You were able to find haven here because of your difference and you believe because someone identifies as LGBT, they don’t have that same right to seek protection? You are honestly saying your right to protection is better than others?
If that is the case, you really should not have come to the US and applied for asylum in the first place. You better accept reality, because if you do win it, your journey has just begun here. You are likely gonna encounter LGBT people here, either you are gonna work for one or work with one. If you slip up and reveal your homophobia, which it sounds like you will, just know, its gonna pretty much jeopardize your future here.
I demand you change your ways instantly or buy one way ticket out of here. Because you have taken up precious space for those who desperately need it.
Clearly…a lot of asylum seekers/immigrants don’t like LGBT as well…
And obviously, it is possible for the asylum officer to say: See, not everybody here is fond of ( or whatever attitude, native born or immigrants) of LGBT individuals. Why do you think seeking asylum here will give you relief ? And thus arrives to the conclusion that, my asylum application is deemed as not legitimate ? Given that things aren’t perfect here, I feel that this is a line for asylum officers to counter my allegation.
I don’t think that is something an asylum officer would say. In the US, the government will generally try to protect LGBT people from harm, and there are parts of the country that are very safe for gay people. The US is not perfect, but it is much safer than many other places on Earth for gay people. Take care, Jason
Given their constant abuse of power, lying or other misconduct. I am already not sure what they cannot do frankly……Sometimes, when I am thinking of my asylum case, I just role play in my head an asylum officer who just wants to tear down my claim as much as s/he can. I mean I am not sure if it’s the best way to go about it…but what can I do…
By the way, recently I am thinking about expedite my case, which has been sitting there for several years…I applied advance parole for overseas surgery, and even though I did it 6.5 months earlier…it’s not issued on time and it’s pending still. It will be a problem for me, because, I can only apply for AP after I scheduled surgery and know my date. And it’s not possible for me to schedule surgery too in advance… it just doesn’t make any sense. So I am thinking of expedite my interview to see if I can get approved and then apply for RTD.
So if I want to expedite my case, how am I able to present to the USCIS officer that gender confirmation surgery is life-saving to individuals like me ? So I am in as much dire situation as stage 4 cancer or other patients……I never overestimate their medical knowledge in this area……How can my doctor and I feed the info to them if they are just……stubborn…. ?
I may also get challenged if they say “There are doctors here in America who do this surgery, why do you need to go overseas ?”…and if my answer is “the overseas doctor produce the best result”…I feel I will get internally mocked by the officer in his/her head……
You can get a letter from the lawyer to explain this. It might also be that you cannot afford a lawyer in the US, or that you have family or friends who can support you overseas for the operation. A letter from a psychiatrist might also help to show the negative mental health effects of delaying the surgery. I do think you can convince USCIS that this is a humanitarian reason. However, you can never be 100% sure, as things are very arbitrary these days, but it does sound like you have a strong basis for AP, and/or for trying to expedite. Take care, Jason
Thanks. I really do wish more people can increase their understanding on this issue and decrease their hatred.
Happy Thanksgiving to you too.
Hi Jason ,
After Submission of EAD renewal I got the receipt by mail, I checked the case status online and following status is updated. Is this a standard response .
“As of November 26, 2019, we completed our review of your fingerprints and are working on your Form I-765, Application for Employment Authorization, Receipt Number xxxxxxx, at our Nebraska Service Center location. We will let you know if we make a decision or need anything from you. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address”
Thanks and Regards
Ali
Yes it is. I submitted my I-131 application for AP. and after 6 months, it’s still this sentence…My scheduled overseas surgery is soon…but I don’t think I am going to make it.
My status says the same thing since september, can anybody share he or her experience of Advance Parole please especially in Nebraska office. Thank you
It seems standard to me, but maybe others here would know better. Take care, Jason
Can you reschedule biometrics appointment for RTD if you can’t make it to the date and time they schedule you for?
I think the notice indicates how to do that. One better option, if you can do it, is to try to go early – usually, if you have the appointment letter and your photo ID, you can do that. If you reschedule or go late, they should do the biometrics, but your asylum clock may stop, at least between the time of the original appointment and the time when you reschedule. Take care, Jason
Not biometrics for asylum. Biometrics first the travel document.
Sorry. I applied for the RTD I think I’ll be scheduled for biometrics when I will not be available. So I wanted to know if I’ll be able to reschedule without any issues.
The biometrics letter should include instructions for people who need to reschedule. It is better not to, but if you have to, you should be able to, and it should have no negative effect. Take care, Jason
hi dear jason, I have a question why do some poeple that have applied for asylum in many years prior lets say 2014-2015 and they get a recommended approval because background check is not ready. this is very werid dont you think ? all these years and background check last minute? or do background checks expire. this is somehow strage, you would think being all these years here and your check is ready and now five years later they start the background check?? hope this makes sense, to you because it does not to me.
I think they just do not get the background check done in time – sometimes, this may be because they do not initiate the check; other times, it may be because the check is delayed. Take care, Jason
Jason,
I have a question if you don’t mind regarding my asylum post-approval process.
A couple of years ago, I renewed my passport through a Syrian embassy in a third country using the post office USPS help. I sent the expired passport by post, the embassy renewed it and sent both the new and the old one back to me by post. (This is the case now for all Syrians regardless if you are with/against the regime after the Syrian government issued a memorandum back in 2014 or 2015 calling all Syrians outside; that there will be no more security checks on applications of passport renewals; the renewal will be an administrative routine from now on. It was a kind of courtesy move from the Syrian government to reconcile with Syrian people).
During my last interview in the AO; the officer asked whether I have a change in my biometrics; I presented the new passports; they took a copy and updated the records. There were no questions and this renewal didn’t create any further conflict. My asylum was approved eventually.
A few days ago, I visited the social security office to request an unrestricted social security card. The worker asked for my passport; I gave her the new one along with the approved I-94. She then said the USCIS online system blocked the application. She said that she has to mail a copy of the documents (passport+I94) tot he USCIS, they will review it, and the SSA will mail me within 4 to 5 weeks the decision. It can be an approval or denial of my request.
I understand that every government employee recites the law of the possibility of denial/approval after any official request. I just would like to explore opinions about whether the new passport can create conflicts or possible problems in issuing asylum-approved based social cards?
I do not know, but I doubt this will block you or have any further effect on your case. However, to be safe, it might be wise to have a copy of the Syrian document indicating the policy on passport renewals, plus evidence that you renewed by post (maybe the mailing receipts if you still have them). Hopefully, they will just approve the SS card and you will receive it soon. Take care, Jason
Hi Syrian,
The SSO language seems to be wrong (the word block is wrong). I have had the same experience recently. I went to SSA local office to apply for unrestricted SSN but the officer said that he couldn’t verify my documents right on the spot. So, he needs to check with USCIS to make sure everything is right. I found that there is is an online tool that you can check the status of contact between SSA and USCIS. Just google SAVE CASE STATUS USCIS. There, enter your I-94 number with all other information. I believe expired and unexpired passport does not mean anything once you obtain your asylum status.
Thank you for this great article,
This black hole theory and the concept you projected should be registered at the copyright office, integrated into a novel, published, and filmed as a movie accordingly. It is innovative enough and true to some extent. I have been always describing the indefinite wait of pending status as a black hole; now, I discovered a competitor black hole that is originated as a twin sister from the same source 🙂
Hi Jason,
Is it possible that an individual hearing on the exact day of the hearing to be rescheduled by the judge by moving it to a different judge just because the judge on that individual hearing was the same trial attorney during the primary hearing ?
Thanks
H.,
It is possible, though hopefully someone would realize the problem beforehand and do something before the day of the hearing. Take care, Jason
Thanks for your reply Jason. The trial attorney told my attorney only a couple of days before the individual hearing and my attorney said there is nothing we can do. Do you think the judge might still go forward, or will it for sure be rescheduled ?
Thanks
H
Had you known earlier, maybe something can be done. Maybe your lawyer could call the court and at least avoid the trip to court, but my guess is that it will need to be rescheduled. Take care, Jason
Hi Jason
The automated system is not showing my individual hearing date anymore. And it was only 4 days away. Should I sue the court ? Why didnt they discover this problem in the first place ?
The case may still go forward, even if it is not in the phone system, so you will have to confirm that. If it is delayed, there are many reasons that that could happen. Also, it may be re-set quickly or slowly. If you have a lawyer, the lawyer can call the court and ask about it, but I think it would be too soon to file a lawsuit. In any event, if the case is set for a distant date, you can try to expedite. I wrote about that on April 20, 2017. Take care, Jason
Hi Jason
Thanks for your replies, and happy thanksgiving to you and your family. The judge recused and now I have no judge. And was told about this only 4 days before the individual hearing. Should the lawyer speak to the court admin. ? what could happen now ? Expediting with the upcoming new judge to my case makes it start from zero. The whole thing was not my problem. Why did they match me with this judge in the first place if his policy was to recuse if he was the trial attorney in the past ?
Maybe the case will go forward and the judge is just no longer listed. I think your lawyer will have to try to talk to the court about this beforehand. If not, you will have to go to court that day and see whether the case can go forward with a different judge. Take care, Jason
Hi Jason, I am currently waiting for my asylum based GC to be approved, its been more than 19 months in the local USCIS office. I don’t know what to do. Every time I checked for the processing time it seems to increase. This means I can’t open an inquiry to process my case anymore. What’s the option when your GC is stuck in some kind of backlog? All my friends who applied after me got it months ago. I would really appreciate your opinion on this matter.
Thank you!
Aside from inquiring (which is problematic given the long processing time posted on the USCIS website), you can contact your Congressperson and see if they can help. There are links at right to the House and Senate. You might also try the USCIS Ombudsman – a link is also at right, but given that your case is inside the processing time, that may not work. In short, if you are inside the processing time, you probably just have to wait for a decision, but at least you can try these ideas and see whether they help. Take care, Jason
Thanks Jason.
This is well put together, albeit fictional. Just to be sure I didn’t missconstrued the message, the court procceding following ITA is now conducted enmass? So how do they speak to the merit of each case and do they decipher which is which? This must be a scene to behold! How do one make his/her case in this kind of atmosphere? So they intend to normalize this Insanity?
When does it end and where does it leads?
The “mass hearings” are for the Master Calendar Hearings – they would advise multiple people at once and take pleadings. This seems to be done at the border courts more often than at interior courts, but I really do not know how widespread the practice is. Individual Hearings are still individual, though even in some of those, especially at the border, there is an absence of due process. Take care, Jason
Very artistic. I loved how you tell the story.
Thanks – I guess is two days we will see if my prediction is correct…
Yeah but can you tell us if the Cowboys beat the Bills the day before?
I have that info, but if I reveal it here, I will mess up the spread….
To all of Withholding of removal community.
Today I had my annual checkup with EOR Miramar Florida. Majority of people reporting today, were scheduled to check in again in 2022.(???)
On the other hand, withholding of removal got again hammered by case managers EOR.
How in the world someone with Widhholding of removal will produce a valid passport from the country he/she was granted protection against it?
More than that, how a STATLESS person like me, will have a passport. I was scheduled to bring a valid passport on February 2, 2020. Totaly unrealistic and against any possible legal ways.
If you dare to attempt such of nonsense compliance, more than likely they will say that you don’t fear anymore that country, by getting inside a Consular or Embassy building of that respective country, therefore a strong reason for them to reopen your case and void your Withholding of Removal status.
So dear friends, brace yourself for other round of planned harassment from your EOR Field Office
just before holidays, to make you and your loved ones “happy ”
Good luck and stand your ground.
This truly is harassment for the sake of harassment. It is a real disgrace, but it follows a broader pattern of violating due process and lying about (and to) asylum seekers and other humanitarian immigrants. In your case, if you feel threatened, maybe talk to a lawyer, or at least be prepared to explain (maybe in writing) why you could not obtain a passport. Good luck, Jason
God, is there anything we can do about this ? Their abuse of power is already too much…
There are many abuses of power these days, and many of them are being blocked or at least delayed by courts. Hopefully, we will reach a point where the government is actually following the law rather than seeking ways to avoid it. Take care, Jason
Hi, Jason and everyone,
Has anyone here applied for Real ID? I want to apply in New York, and on the website it’s not clear what documents they need in order to issue one for me( for info, my homecountry passport will expire soon, I have pending asylum application). If anyone applied and got real Id, please share what documents you submitted. Thank you.
Maybe others can give better advice, but I think you should be ok with the EAD, evidence that your asylum is pending, and your passport – though whether the expired passport will be a problem in your case, I am not sure. Take care, Jason
Do you mean 2022 ? Or 2020 ? Also why do you need to check in with them ?
The status of Withholding of Removal involves a Parole from DHS imposed on your name immediately after IJ adjudication. Automatically and mandatory requires the person under such of circumstances to report as scheduled to the assigned EOR field office.
They basically have the authority under executive rules, and full discretion to let you free place you in custody if non compliant.
Withhold of Removal is the most blurred part of the US Immigration rules. Is a painful limbo for the recipient and family members. From over nine years of reporting I have learned one basic lesson: don’t spit against the wind. Go humbled, cautious and ready to seek legal advice ONLY from a certified Immigration attorney.
No friends, no paralegals, no YouTube.
I was under intense pressure on regular basis almost every other year. Not easy but possible. You will survive.
Good luck.
I mean it’s very clear that USCIS only likes rich people. They prioritize F-1/H1B who can afford high educational cost and discriminates blatantly against us asylum seekers. Their behavior should be called out and fully investigated. I mean, is immigration category a protected class ? Can some agency intervene ? I totally understand they treat US Citizens and Green cards better. But why do they have differential treatment of asylum seekers, and other visa holders ? Why AP for I-485 is easier than I-589’s AP ?
Just to respond to the AP part – that is written into the law (why it is in the law, I do not know). Asylum seekers need a “humanitarian” reason to travel; most other people do not. Take care, Jason
I wrote a post about Withholding on December 10, 2015 – that may be of interest. Take care, Jason
Poor you.
I am so sorry. Must be really hard to live like that. I don’t know which is more depressing, waiting endlessly for an interview or withholding of removal status.
You want to progress from depression to stark raving mad, apply for asylum in the US.
Is not a matter of being “poor” or “depressed “.
The only important essence of my postings and responses to different comments, is that asylum seekers when embarked on the road to “The last Bastion of Freedom – The United States of America, have left behind more than all their lives lived up to that most difficult time of decision to flee from the fear of losing life, freedom or to fight hunger.
There is no way any human on the face of this planet will not have same reaction if faced with such of despair. Is more than sad, is an extreme situation such of a massive demographic distress at the Planetary scale. We must read in details the history in order to understand how to plan the future.
There is no “Surplus of Population” is only greed and ego.
Happy Holidays to everyone.
At MI6, am I misunderstanding your robust vocabulary, or you misunderstood the context of my use of the word “poor”?
To be clear, “poor you” in my context was an expression of empathy/sympathy for someone in a similar situation like myself.
I am yet to experience one asylum Seeker in recent times that is not experiencing some level of depression, and I did not infer from your post that you were happy with the check-ins, the requirements, and the WOR status, hence my sympathetic response to your post.
Clearly, my expression of sympathy robbed off wrongly on your ego, or it was too “english as a second language” for you to comprehend.
Whatever the case, I apologize.
@tina,
More than likely is a misunderstanding on the usage of the English slang maybe both of us are using.
You have sensed that right about the “second language”. I’m a person with a fluent SIX languages speaking, with extensive background as an foreigner ex-military private contractor for the US Government.
Yet screwed up big time by the system. So to be more than clear to you, my comment had no intention of being sarcastic nor aggresive language.
As well I apologize for any misunderstanding.
Happy Holidays.
Thanks Jason.
This is well put together, albeit fictional. Just to be sure I didn’t missconstrued the message, the court procceding following ITA is now conducted enmass? So how do they speak to the merit of each case and do they decipher which is which? This must be a scene to behold! How do one make his/her case in this kind of atmosphere? So they intend to normalize this Insanity?
When does it end and where does it leads?
The mass hearings are only for Master Calendar Hearings and seem to be mostly at the border, so Individual Hearings are still for one person at a time. Take care, Jason
Hun?
A bleak future ?
Thanks, as usual, Jason.