The law governing asylum states that, “An applicant for asylum is not entitled to employment authorization, but such authorization may be provided under regulation by the Attorney General.” Up until now, the regulations implementing this law allowed most asylum applicants to file for their Employment Authorization Document (“EAD”) 150 days after their asylum application was received by the U.S. government. Now, DHS has proposed regulations to delay EADs for all new applicants and to block EADs for some people.
Probably the most significant proposed change would be to increase the wait time before an asylum applicant can file for an EAD–from 150 days after the asylum form is filed to 365 days (and then the applicant would have to wait a few more months while USCIS processes the EAD). The rationale proffered by the government for delaying the EAD is to deter aliens from filing “frivolous, fraudulent, or otherwise non-meritorious asylum applications to obtain employment authorization.” DHS also wants to reduce incentives for aliens to enter the country illegally and to deliberately delay their cases in order to gain more time in the U.S. As with many recent changes to asylum procedures, there is little evidence that asylum seekers are coming here for work permits, or that most do not have a real fear of harm in their home countries. Also, there is already a significant waiting period to obtain an EAD, and of course further delaying the EAD will impact meritorious and non-meritorious applicants alike.
According to DHS, the length of this new waiting period is not arbitrary, rather–
The 365-day period was based on the average of the current processing times for asylum applications which can range anywhere from six months to 2 years, before there is an initial decision…
Huh? So asylum applicants are being punished because the U.S. government–largely through mismanagement–has a slow asylum system? If the average wait time increases to 10 years, must asylum applicants wait a decade before they can file for their EADs. Maybe a better method to calculate the wait time is to figure out how long asylum applicants can survive without jobs. Will applicants starve to death in three weeks? Six months? A year? I suppose from DHS’s perspective, if applicants are dropping dead, that will at least reduce the backlog.
Another significant change in the proposed rule is to deny an EAD to any applicant who files for asylum more than one year after arriving in the U.S. Unlike the 365-day rule, this proposal applies to all asylum applicants, not just to people who file after the rule goes into effect. And so if you filed for asylum after one year in the U.S., and you currently have an EAD, USCIS might refuse to renew it when the time comes. Such unlucky soles would only become eligible for an EAD if an Asylum Officer or an Immigration Judge “determines that an exception to the statutory requirement to file for asylum within one year applies.” Of course, by the time that happens, the case will already be decided, and so the large majority of late filers will not get an EAD until–and unless–they win asylum.
A third important proposed change applies to people who entered or attempted to enter the United States unlawfully. Under the new regulation, such people would not be entitled to an EAD at all. This provision seems to apply prospectively, meaning that if you entered the country illegally and you already have an EAD, you should be able to renew it. Asylum seekers who arrived unlawfully (or who attempted to enter unlawfully) and who file after the rule goes into effect will not be eligible for an EAD.
Finally, asylum seekers with a criminal conviction that is an aggravated felony under immigration law, a felony under state law, a serious non-political crime overseas, or related to domestic violence, child abuse or neglect, or driving under the influence of alcohol or drugs, will be barred from obtaining an EAD. This rule applies even to people who already have an EAD, and so some asylum seekers with criminal convictions may be unable to renew their work permits. More disturbing to those who care about such things as due process of law, asylum applicants who have “unresolved domestic charges or arrests” for crimes involving domestic violence, child abuse or neglect, illegal drugs, and DUI can be refused an EAD unless USCIS determines that the EAD applicant is entitled to a favorable exercise of discretion. So much for innocent until proven guilty.
Another change in the rule, which will only affect a limited number of people, is that DHS proposes to eliminate recommended approvals in asylum cases. Applicants receive a recommended approval where they are deemed to qualify for asylum, but background checks are not yet complete. Once a person received a recommended approval, she becomes immediately eligible for an EAD, and so by eliminating recommended approvals, some applicants will have to wait longer for their EADs.
One significant change that is a bit buried in the new rule is that affirmative asylum applicants will now be required to submit all their evidence 14 days before their interview. The problem here is that over 330,000 people are waiting for interviews, and many of those people will have to supplement and update their applications before the interview. The Asylum Office usually only gives two or three weeks notice of an interview, and so if evidence is required 14 days early, there will be little or no time to submit that evidence after the interview is scheduled. This will force applicants to reschedule their interviews and will cause further chaos at the Asylum Offices. Also, this new rules seems utterly pointless, since most Asylum Officers do not have time to review documents until the day of the interview, or maybe a day or two before, at best. So like other parts of this new rule, the 14-day provision seems designed for one purpose only–to make it more difficult for asylum seekers to present their cases.
For the budget conscious, an interesting element of the proposed rule is the summary of its costs. According to DHS, the estimated maximum cost of the new rule to our nation’s economy is $4.4 billion annually, and a loss of tax revenue to the federal government of up to $683 million per year. The regulation notes that if other workers can be found to fill the jobs currently held by asylum seekers, the loss would be less–as low as zero, if all lost jobs are filled. The idea that all the jobs held by asylum seekers would be filled by American workers seems dubious, especially given that our economy is currently close to full employment, and so this new regulation will likely have a significant negative impact on our nation’s economy. This cost estimate only considers affirmative asylum applicants; not defensive applicants, and so the cost will likely be more than the estimate predicts.
There is also another cost, which DHS does not seem to consider here. If asylum seekers are not permitted to work, their overall economic situation will be worse (duh!), and so if they are ultimately granted asylum, they will be much further behind economically than if they had been able to work while they were waiting for their cases to be processed. I imagine that this economic handicap will remain long after an applicant’s case is granted. Also, since an EAD allows asylum applicants to study at university, delaying or blocking the applicant’s EAD will put them further behind in terms of their education, and cause universities to lose tuition fees.
So to sum up, what we have here are new regulations that will cost our government money, and which will harm many asylum seekers and reduce their ability to contribute to our country. Rather than assist asylum seekers who have come to us for help, the Trump Administration is so intent on deterring them, that it is willing to harm all of us in the process.
I applied for asylum in 2014 and was denied in 2017. I was in TPS so was not referred to the court. Recently, I withdrew my TPS and was sent a NTA based on lack of TPS. Last June, I filed for a new I-589 and its been over 150 days. Do, I have to pay the filing fee since its first EAD based on my EOIR case but 4th based on I-589 history?
I am not sure. I think you do not have to pay the fee, but I really do not know. You might check the I-765 instructions about the fee to see if that helps. If not, and if you are not in a rush, maybe send it without the fee and see whether they accept it. Otherwise, you might need to ask a lawyer to research that to be sure. Take care, Jason
Hi Jason,
Have you seen any case that your client has been waiting more than 4 years for their interview? I applied in Sept. 2016 and my 2nd EAD will last till April 2020. I applied when i was still in F1 status but years after I entered the US. I haven’t come back to my country and have still been waiting for an interview. I’m so worried about this proposed rule because like you said, it would affect people who filed after a year. Have they set the exact date on which it would come into effect? Thank you for your answers!
We still have cases from 2014 where people have not been interviewed. It is a real mess. I am hopeful that the proposed rule will be blocked by a court, or maybe they will modify the proposed rule to make is less cruel. You might consider submitting a comment to the government about this (I plan to post something today about another unpleasant proposed rule, and the post will include info on submitting a comment). Also, you can try to expedite the case if you have a reason – I wrote about that on March 30, 2017. Take care, Jason
Thank you, Jason! I’ve just submitted my comment. Hope my voice will be heard.
That is great that you did that – I hope they will listen. Take care, Jason
Hello Jason, I am planning to get married with my girl friend who is an American citizen and we are together for about 2 years now. Can I apply to adjust my status as a pending asylum applicant ? As far as I understood the bars and inadmissibility criteria of who can adjust their status, the immediate spouse of an American citizen is able to adjust status if he or she is not meeting with any of those inadmissibility ground to be ineligible to apply. Is there a specific thing that I should know to completely make sure as a pending asylum applicant who has been waiting to be interviewed for almost 3 years? Thanks much! Anyone who has a similar situation please welcome to let me know how you handle the process of adjusting your status through getting married with a US citizen.
If you entered lawfully with a visa, don’t have any immigration violations (aside from the overstay), and you have no criminal issues, you probably can adjust status based on the marriage. I wrote about this issue on August 2, 2018 – maybe that post would help. Also, if you are not sure, talk to a lawyer about the specifics of your case. Take care, Jason
Hi again Jason and thanks for your answer. I entered lawfully with my visa and applied asylum before one year rule in March 2017. I have had one criminal case which have been dismissed a while ago after I completed the deal under plea and abeyance. And one immigration lawyer told me that this one conviction by itself won’t make me inadmissible since it falls under petite offense unless it becomes 2 convictions at total. And there have not been an imprisonment at all regarding yo this issue. I hope it is all good like that with couple minor traffic tickets. An additionally I wonder if I need to file for new EAD with new category while I have one with asylum. Also, the travelling with re-entry permit while I-485 is pending. Do you think I won’t still be allowed to go to visit my family members in the county where I claimed I have been persecuted to seek asylum. Thanks a lot for your time to help us here.
It sounds like that criminal issue will not block you, but without doing the research, I cannot tell for sure. If it does cause a problem, there may be a waiver available. If you file a marriage-based GC application, you can apply for a joint EAD/Advance Parole. This is valid for one year, and is an EAD that allows you to re-enter the US. It is not a passport, so you would need to use it with your passport to travel. If you go to your home country, that could cause problems since you have filed for asylum. At the minimum, you should be prepared to explain why you went back and how you stayed safe. If USCIS thinks that your asylum case was fake as a result of the trip home, they could try to deport you or charge you with a crime. Take care, Jason
Thanks Jason, I think to keep my asylum case even though I will apply to adjust my status through marriage with a US citizen. Do you think it may ever create any problem like not being approved at my marriage interview or letting it get delayed? Also about the ead, did you mean that I will need to file the I-131 for reentry along with I-765 and the card for ead will be used for both working and travelling to other possible countries during my travel. Is this how it is called joint card?
Sometimes, it seems the asylum case causes a delay on the marriage-based case, but we have not had any real problems with that – you can contact the asylum office and inform them about the marriage case, and that may help (but you only need to do this if the marriage case is delayed). If you filed for an EAD based on the marriage case, you can get a joint EAD/Advance Parole document, which allows you to re-enter the US if you leave. Take care, Jason
Hello Poet, I am also an asylum seeker with a pending application but I got married to a US CITIZEN and she applied for adjustment of status and I immediately got my green card. The asylum office asked me if I wanted to keep either the green card only or both green card and asylum. I kept both because I cannot get my country passport. I am waiting a bit to get naturalized next year. In the meantime if I get any emmergency to go anywhere except to my country of origin I can use the world citizen passport but I will have to make sure I have the visa of the country I will tend to visit. So go ahead and get married. As Jason said make sure you don’t have any crime records in the system. If you entered lawfully and are clean you can immediately apply after you have got your marriage license.. Good luck.
Be careful traveling with the world citizen passport – they are not always accepted for travel purposes. If you have a Refugee Travel Document or some other US travel document, at least you will be able to return to the US after your trip. Take care, Jason
Hi Jason,
I have scheduled an info pass at Arlington Office. It was supposed to be tomorrow. They called me and cancelled the appointment today. I was going to ask about the decision. The lady on the phone said they didn’t reach a decision and they have no further update. Does it indicate anything from your point of view?
Best.
Hi, Mike same thing happened to me about a month ago in Arlington, I received a call from them the evening before the appointment with the same reason. They also sent me an ambiguous email that says that the question of my decision does not pertain to their office.
I guess they are being nice by saving you the trip – they have no news to report, so there is nothing else to tell you. Of course, that probably does not make you feel any better. Other options include contacting your Congress person or the USCIS Ombudsman (links to the House, Senate, and Ombudsman are at right) and filing a mandamus lawsuit, which we wrote about on October 2, 2018. Take care, Jason
Thanks Jason, I hope to process them all after I am done with my marriage. One last thing I want to ask regarding to the forms of I-485 and I-130 with its supplemental form I-130A. When we file them together, do we only pay the fee for what I-485 costs to cover both forms or paying for both of the forms separately? Could you please tell me how much they will all cost to me when I file a case to adjust my status through a marriage with my US citizen spouse?
There are separate fees for the I-130 and I-485 (you can see the fees on the form webpage – http://www.uscis.gov). You have to include one check for each form to “Department of Homeland Security”. Take care, Jason
Thanks for all those important information Jason, Would you want me to be careful at anywhere of those forms specifically since I am going to file them own my own? I saw a part in the form I-485 the other day which asks the applicant to put the details of any underlying cases. Should I add my asylum case with its receipt number there? Another thing I read on the instruction is related to the traffic tickets where the driver were fined more than $500, I used to have one which I paid $510 for just the speeding! Do I have to add that ticket receipt as well?
There is really no harm in being over-inclusive. I do not know what you are referring to when you mention that they want details of the underlying case, and we do not include a copy of the asylum case. However, we do try to make sure that the I-485 is consistent with the asylum case and with the I-589. If you have an inconsistency, it can cause problems. As for the ticket, I do not think it is necessary, but I would have to see it to be sure (for example, if it is reckless driving, that may be a crime). I think you should include it, as that is the safer bet – it won’t hurt the case and USCIS will not be able to accuse you of trying to hide it. Take care, Jason
Hello Jason
Can you make a post urging everyone affected by these new cruel regulations to submit a public comment and how to do so?
I have been waiting for asylum interview for 3.5 years in SF and looking at backlog it will take long time to get interview. I filed after an year of being in F1 visa status. Now, if i dont get EAD, i wont be able to work for years and i and several others in my situation have to either work illegally or be homeless.
So, this regulation is worse than 365 days wait period because you at least know EAD is coming after 365 days. I would like this comment to be heard by the rule makers.
Yes – I plan to post something today that will include info about making comments. I think you should submit your comment, as there are many people in your same situation, and of course, punishing people who were in lawful status and then filed beyond the one year bar make absolutely no sense. Take care, Jason
I learnt that underlying case details refers to any pre-applied forms like I-130 in the part 2 of the form. Since we will be filing the forms concurrently, that part does not apply to me. I saw there is only one place in the form where the applicant is asked to put the current status of him or her. Should I write ‘Pending Asylum Applicant’ in that place? The ticket I have been fined is just a speeding ticket and not reckless but unfortunately it has costed me $510 which was really brutal. To me it does not suppose to be added to the form but I do not want it come in front me later. I think I will simply add the receipt of that ticket. Thanks, Jason.
I think you can put asylum applicant and include the ticket, that is safe. The main issue is that USCIS does not think you are lying. Also, include a copy of your passport, US visa, and I-94. Take care, Jason
Thanks Jason, I hope this process all goes well and I can adjust my status while I do not know how soon that my asylum case will be interviewed. I feel optimistic that marriage based interview will come earlier than the asylum one.
Hi Jason,
I am regularly following your page. It seems that the USCIS is reaching to a “record” in making procedural mistakes while adjudicating petitions/applications.
I believe lack of staff motivation, political climate in the country, hostile behavior of current administration toward immigrants and many other factors intensify the problem. I am sorry for myself and others who have faced problems while waiting for the lights from other side of the “black hole”.
I think that is right. The Administration is pushing the bureaucracy to ignore the law. While the Administration has a political agenda, the people who implement the law just want to follow the law. This conflict is very bad for morale. On top of that, there is a push to search more thoroughly for fraud (or for innocent mistakes that USCIS can label as fraud), and this is also slowing things down and impacting morale. As I have said many times, the Administration should have cooperated with Congress to change the immigration law, if they don’t like that law. They controlled both houses of Congress for two years, yet they did nothing. Instead, they keep pushing the bureaucracy to violate the law, which is creating even more problems. Take care, Jason
Hi Jason,
When USCIS cancelled the last quarterly meeting, their website said that they would soon publish the asylum office statistics and reports on uscis.gov website. They still have not done that and as a result we do not have any numbers on the last 8 months. What are they hiding? Should we (the public) file FOIA requests to see what they are up to? what are your thoughts on this?
This Administration has pushed for less transparency in many areas, and this is just one of those areas. I think what they are “hiding” is the fact that they have not been able to stem the growing backlog, which is what the stats for the last 6 or 7 years have consistently showed. I have not filed a FOIA for this. I would not be surprised if someone has, but I do not know. I do think it is a good idea given that they are not releasing any data. Take care, Jason
Hi Jason
If I decide to voluntarily leave while in removal proceedings with pending asylum .. can I get a quick schedule to tell the judge and depart ? And if he agrees, can I apply for F1 and/or I-140 ? Would the visa officer agree goven that he will know I had a previous asylum case in the past ?
The other question is, can the judge let me switch to student visa and cancel asylum ? Does he have jurisdiction to do that ?
Thanks
H
Typically, you cannot get back into status once you are in court. There are exceptions (usually involving marriage to a US citizen, but there are others) and so you might talk to a lawyer to see whether it is possible. You can also request an earlier hearing for Voluntary Departure. Or maybe some judges would give you that without a hearing. If you got it, you could leave the US and it would make it easier to return. However, nothing will erase your prior asylum case and the fact that you were out of status, so those would be factors when you try to return – there may be other factors too, which could prevent you from returning, so talk to a lawyer for advice. Also, it will probably be easier to return using an I-140 as opposed to an F-1, but again, it depends on the case. Take care, Jason
Hello
Thank you for your time
Quick question please
Applied Dec 2015
Interview Feb 2019
Chicago office
Two inquiries by senators and congress man
Now im think about sue the asylum office in February after one year of my case
Do u think enough time or should wait more ?
It’s up to you. If you have made inquiries and you have had enough, you can try a mandamus lawsuit – we wrote about that on October 2, 2018 if you are interested. Take care, Jason
Hello Mohamed,
The general understanding among us (asylum seekers), that you can file a mandamus and most probably you will receive approval from the court if you have not done anything wrong in your life. At least at the court, you will have a chance to face the judge face to face where you will have another opportunity to explain things. This is completely true. However, make sure to learn the dark side of being referred to the court. I read different resources that the details are a bit different in winning asylum from the court in comparison to winning asylum form the asylum office. Not saying better or wore. I am just encouraging you to educate yourself through multiple sources and consult more than one lawyer before you decide.
I wish you all the luck.
To explain myself better,
I had a friend who was recently denied asylum and referred to the court. He has another application for a GC through his American spouse. The USCIS did not adjudicate his spouse’s petition because he has court trials. They sent both cases (marriage GC and asylum) to the court. Now he needs to wait for his trials before resolving the case. So, just make sure you explore your options thoroughly before you start.
Hey Jason. What’s up with USCIS ignoring form G-1145? On three isolated occasions they just disregarded them and did not send notifications. They were used on an adjustment form, family petition form, and an employment authorization form. Are they moving to new tier of lazy?
There is so much wrong these days that it is difficult to keep track. I do not know about that problem, but it certainly fits the pattern. Take care, Jason
Hi Jason
I need your valuable comments please.
It has been 9 months since my I-130 petition filed. Received by Potomac Virginia. The last I heard in July 2019 saying Case has been transferred to another( NBC Missouri) Office.
Is it Normal for I-130 to be delayed that much time?
How to contact NBC MO about the case?
Thanks
Check the processing time for the I-130 at http://www.uscis.gov. If you are outside the processing time, you can call USCIS to inquire: 800-375-5283. You might also try the USCIS Ombudsman – a link is at right. Take care, Jason
Hello everybody
My asylum case has been approved after waiting for several years and multiple interviews. Today I received the A5 EADs (for me & family members) which supposed to start on Oct/2019 (the date of the asylum approval) and end on Oct/2021. However, the EADs shows the start as Oct/2018 and end Oct/2020.
I believe this is not a mistake. As Oct/2018 represents the date of my last interview. Maybe my case was already approved since Oct/2018?? (Again the asylum letter says I was approved on Oct/2019).
1- Can I apply to a GC now based on the date of the A5 EADs? Since they backdated it a complete year? Can I assume that my case was approved since 2018 and apply to i485 according to that assumption?
2- If not, can the USCIS fix the EADs and send me new ones with the correct dates? If yes, how can I contact them?
1 – Double check the letter – the approval date is not the date of the letter (at the top); it is the date in the first paragraph of the letter. Use that date for calculating the one year period (and remember, if you leave the US, you have to add an extra day to the one year period for each day you are outside the US). I would not apply for the GC based on the EAD date, as I think you risk losing your filing fee. 2 – I doubt that would work, but you can try. Maybe call USCIS and see if you can reach a human being to ask: 800-375-5283. Take care, Jason
My understanding that we can apply to a free of charge EAD when we apply for a GC (one year after the asylum approval), correct? That way he doesn’t need to hassle with correcting the dates of the current EADs. Once it is time for the GC application, he can have new ones with new dates. Am I correct in my understanding?
This used to work – we would file an EAD application under c-9 (adjustment of status) and the adjusting asylee would get an EAD for no extra cost. That was technically not allowed, and the last time we tried it, it did not work. My understanding now is that you can only file for an a-5 (asylum granted EAD) and that the I-485 fee does not cover the cost. We have not had to do this for a while, so maybe I am wrong, but that was the last experience I had. Take care, Jason
Hi Jean. Congratulation!!! I am glad that you finally got approved. Can you please share you timeline including the number of interviews you took.
Hello Jason,
My case was referred to court, my individual hearing is in June 2020, now I’m pregnant and my insurance can’t cover me during this pregnancy period. Is it safe if I go to charity, will it come up against me on that day as using public benefit/public charge. I’m very worried.
The public charge rules do not apply to people seeking asylum, so if that is your case, you should be fine (I wrote about this when it was a proposed rule on September 24, 2018). Also, I believe those rules are currently on hold, thanks to a court decision. That could change, but for now, they are not in effect. Take care, Jason
Can a GC holder *asylee based* acquire new nationality?
I’d like to acquire nationality of the country that’s a neighbor to country from where I fled from.
My father is from there and as things are progressing in that country (soon to be part of EU) I’d like to become a citizen now. Also, another reason why I want that is so I can travel more freely using their passport. RTD is quite a hassle and it’s not recognized by some countries. Not to mention that I need visa for almost every country I want to visit.
Would that be a problem later when I’m applying for US passport?
Assuming you were always eligible for that 3rd citizenship, USCIS could revoke your green card and reopen your asylum case. The asylum process requires USCIS to make sure you cannot relocate to a different location and/or gain another citizenship. If you were always eligible for that 3rd citizenship, USCIS might think that you concealed it intentionally and could revoke your asylum. Balance your options carefully before you take any action.
It should not be – once you have a GC, you are no longer an asylee, and so it should not matter that you gain a new nationality. It does make me a bit nervous, though, since these days, the government is doing everything it can to harm asylum seekers and asylees, including reviewing old cases to see if anything has been missed. My concern is that USCIS would maybe think you lied when you applied for your asylum and that you had an offer of firm resettlement back then, but that you did not disclose it. If all was right with the immigration system, I think you would be fine, but the system is a mess, and so I think you might be safer waiting until you are a US citizen before acquiring the new nationality. Or if you really need it sooner, you should be prepared to explain (with evidence) that you could not have obtained it, and that you were not “firmly resettled” in a third country, prior to seeking asylum. Take care. Jason
Hello Jason,
I applied to a TPS about 4 years ago. I received no answer from USCIS. I called USCIS customer service two years ago. They told me that upon the asylum office inquiry; since I have a pending asylum case, they sent the TPS to the asylum office. Since then I heard nothing about it.
Now I have been granted asylum. Do I need to take any action regarding the “forgotten” and pending TPS application?
That doesn’t really make sense to me, since TPS is separate from asylum, and I have had clients who had both, but a lot of inexplicable things happens these days. I do not see that there is any action for you to take. TPS would not harm or effect your asylum status, and after a year, you can apply for the GC. Once you have that, TPS is not relevant (and probably it is not relevant even with asylum). Take care, Jason
According to the research I did, the only case when the TPS is sent to the asylum office is when there is a doubt about an asylum bar like TRIG. Some of the Asylum bars are a foundation to deny the TPS. The TPS was sent to the asylum office 1 year after the first interview and before the successor interviews. I believe the case was being reviewed by one of the asylum bars before the successors interviews cleared the misunderstanding. USCIS second level officer was clear on the phone when he said your TPS is sent to the asylum office. You need to inquire about your case with the asylum office. They were not responding to my email inquires, though.
That makes sense. But since asylum is superior to TPS, you no longer need TPS and whether the case is adjudicated or not, it seems to me to be irrelevant. The only issue is whether the pending TPS would somehow affect your asylum or future GC application. I do not think so, but I guess there is no harm in trying to withdraw the TPS application if you want. Take care, Jason
Dear angel and well respected mr Jason ! Please advise ! I got my recommended approval about a month ago and they told I would receive my final within a month in the mail or maybe I had to go back ., but nothing so far 🙁 . is it too early to inquire ?? I’m losing my head . Please thank you
It is not uncommon to take longer than a month. You can inquire if you want – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason! I have one question about Arlington office maybe you can help me understand. Why some decisions come after 2 weeks and some take 3 and more years? it feels like officers just put some cases aside and forget about them. I have had two interviews, 3 years, ombudsman request, congressman request and still pending, unbelievable!!! I doubt that they still waiting on background check because it’s been 7 years since I appled for asylum.
Thank you!
I do not think there is just one reason for this. Different cases have different requirements. Some cases are delayed due to background checks (and this includes very long delays). Others are delayed because they are sent to headquarters for further review. Some might be delayed because the officer is slow, or quit and no one has taken over yet. At this point, it seems to me that your remaining option is a mandamus lawsuit – We wrote about that on October 2, 2018. Take care, Jason
Hey Jason
I have a question
My father was interviewed may 8th 2017
Till now 31 months he didn’t receive any decision
He inquired many times but always same response that the decision is pending
Is there anything he can other than mandamus to expedite it?
Thank you
Besides mandamus, he can try the USCIS Ombudsman or he can seek help from his Congressperson (House and/or Senate) – links to those options are on the right side of this page. Take care, Jason
Hi Jason,
While being in the US, my I-730 get approved.
Recently, I got an online notification that Department of State sent my case to USCIS for review. I searched online and people says that DoS May have asked the USCIS to revoke the approved case or reconsider the approval. What do you think about this?
Do you think USCIS will send a re-affirm notification or intent to revoke to me? Thanks
I have not seen that before, and so I do not know, but I doubt it. My guess is that there is just some confusion because the I-730 is normally processed overseas. If you have your approval and your EAD, you should be fine. If they try to revoke your asylum, there is a procedure for that, and you should not have a problem keeping your status, as long as it was obtained legitimately. You might try calling USCIS at 800-375-5283 to see whether you can reach a human being and whether you can get some clarification, but otherwise, I think you should not worry too much about this. When the time comes, you can apply for a green card, and if all is well, that should be issued normally. Take care, Jason
HI Jason,
Can I apply for my spouse to come on advanced parole while I am in removal proceedings ? There are humantiarian reasons. But do you think USCIS might approve these kinds of requests under the current administration ? We’ve been separated for years because of my pending asylum and repeated rescheduling in immigration court.
Thanks
H.
In other words, parole my spouse into the US for humanitarian reasons while I am here on pending asylum (removal proceedings),
It is not a normal use of humanitarian parole, but you could try – it is form I-131, available at http://www.uscis.gov. The instructions explain about what to do. I doubt it would work, but aside from paying the fee, there is no harm in trying. Also, you might ask the Court to expedite your final hearing – I wrote about that on April 20, 2017. Take care, Jason
Hi jason
You never talking about
notice of evidence of untimely filing and optional waiver of asylum interview.
to explain to those who do not understand this offered by uscis to those who have pending asylum.
Basically, if you filed for asylum more than 10 years after you arrived in the US, some Asylum Offices were sending out a letter offering people to skip the interview and go directly to court, where they would, presumably, file for other relief (such as Cancellation of Removal). For any asylum seeker who thinks they have any chance to win asylum, I would think waiving the interview is a bad idea, and I have never done that for a client. However, if a person has a strong Cancellation case and a very weak asylum case, maybe it is a good idea. Take care, Jason
Hi Jason, Thanks for such an informative post. A couple of questions- I just checked and my application was received by USCIS exactly one year later from my arrival. I know this is hard to tell but do you think i will run into a problem when renewing? I current permit expires on June 20th, also when should I submit a renewal application? I read something about EAD renewals and 90 day rule on USCIS’s website, how does that come into play?
Thanks
I do not know about a 90-day rule – you can file to renew an asylum-pending EAD up to 180 days before the old card expires. A case that is mailed on time, but received after the one-year deadline is considered timely for purposes of the one-year rule, but I do not know about the new EAD rule. If the receipt date for your asylum is exactly one year from your arrival date, my guess is that you will be fine, since it was filed on time. Take care, Jason
Dear Jason
I applied for asylum about 7 months ago in San Francisco, but my interview has not been scheduled yet . In accordance with the new laws , as I heard , I was supposed to get called for an interview in two months . Do you have any idea what could be the cause of delay ? I applied for EAD about a month ago, tomorrow is going to be 180 days since I applied for Asylum . How long will it take for me to get my EAD?
Thank you very much in advance
Good luck to everyone who is awaiting like me )))
Very few people are getting interviews quickly. That is because there are too many applicants and not enough asylum officers. No one can predict when your interview will be, but in most cases where people do not get a fast interview (under LIFO, which I wrote about on July 10, 2018) will wait at least a few years for the interview. You can try to expedite if you have a reason – I wrote about that on March 30, 2017. As for the EAD, initial EADs were taking about a month or two, but supposedly, the process will become slower, so it may take 3 or 4 months. Take care, Jason
Hi Jason,
My wife who is a permanent resident applied for me I-13- and I-485 and the case was sent to National Benefit Center (NBC). Does forwarding the application to NBC mean anything? Do you know how long approximately will take for them to process them and forward it to local USCIS office.
Thanks as usual for your blessed effort to help us!
Assuming you are eligible for the I-485, it might take a year or a year and a half – you can check the processing time at http://www.uscis.gov, and I think it will show a wide range of time, but our cases have been taking about 1 or 1.5 years. One issue is that if you do not have a status aside from asylum pending, you may not be eligible to adjust status (using form I-485) – I wrote about that on August 28, 2018. Take care, Jason
hi dear jason
Do Arlington interview still new case-
Do they work on backlog case or not??
Last I heard, they were interviewing maybe 10 or 20% of new cases, but we have not had one of our new cases interviewed there in a while – only expedites. Also, as far as I know, they are not interviewing any backlogged cases (again, except expedites). Take care, Jason
I applied for asylum couple years after entry . I was in F-1 statues Until after I filled for asylum before I fell out of my student visa . Does 1 year rule apply to me ? Can you please answer with yes or No
Want to know if new renewal law apply to me . Thanks
The new rule will apply to everyone who filed after one year in the US. For purposes of asylum, you should have no problem, since you were in status when you applied. However, for purpose of renewing the EAD, you may have a problem, since that rule seems to affect anyone who filed after one year and where a Judge or Asylum Officer has not made a decision that the person meets an exception to the one-year bar. Take care, Jason
IF I file right now . Do they still apply the 1 year rule to my renewal ? Before Jan 1
I do not know when the new rule goes into effect, but it will at least be after January 13 or so, when the comment period ends. I also do not know how they will treat pending applications, but I do think the best bet is to file to renew as soon as possible (and remember, the soonest you can file is 180 days before the old EAD expires). Take care, Jason
If someone got the renewed work permit after the rule goes into effect, would the work permit still be valid? In other words would they revoke work permits for anyone who applied for asylum after one year of entry?
If I got the 180-days extension after USCIS received my application, would it still be valid after the new rule?
Thank you a lot for speaking up for asylum seekers. I only knew about this rule thanks to you.
My understanding is that they will not invalid existing work permits, but they will not renew work permits for people they deem ineligible. Take care, Jason
Go married, don’t file for asylum.
Hi
I came to the US in 2016 applied for asylum in May 2016 got my 2nd EAD now but didn’t have any hearing yet between this I got married to my wife in Nov 2018 she had GC Nd I filed I-130 from her side to now both of my cases are in process.
Can I close my Asylum Nd get a work permit from my wife side or I have to go with asylum work permit ?
Nd how long it’s gona take to get the hearing for I-130
Nd I can get anything from my wife side because she had GC or I have to wait until she become a citizen ??
Unless you have some status besides asylum pending, you would probably have to leave the US to get your own GC. In that case, you could not get an EAD based on the marriage. You might be better off waiting for her to naturalize and then – once you are the spouse of a US citizen – you can probably apply for your GC without leaving the US. I wrote about these different scenarios on August 2, 2018 and August 28, 2018 – maybe those posts would help. Take care, Jason
Jason,
Briefly, what is the difference between the USCIS tracking web tool “https://egov.uscis.gov/casestatus” and USCIS account web tool “https://myaccount.uscis.gov”.
I have good experience and knowledge in the tracking tool. But what does the “account” tool add to “tracking” functionalities?
This, I really do not know. Maybe someone else here has more experience with these. Take care, Jason
Dear Jason,
Two days ago my case status was updated , but from my decision is pending to an application is pending! In the case history box it’s mentioned that I have completed the interview. By going to the asylum office and asking there, the officer said not to care about this change. He checked the information in his computer and assured me that I have completed the interview and I am in the step of waiting for the final decision. He added that someone better to be at home to sign receiving the mail when it comes. In your experience, does this mean anything ?
Thanks,
I’ve scheduled interview on next month, any tips how to prepare ? how long it took your interview?
I did a post about interviews on September 8, 2016 – maybe that would help. Take care, Jason
I don’t think you can read into the online messages, as they seem a bit random. Also, I do not know that you should need to be home to get the mail. The post office has something called “informed delivery”. Maybe if you sign up for that, you will see what mail is coming to your house and then – if you want – you can plan to be home. Take care, Jason
Dear Jason,
I came to US at October 2013 and after 6 months I hired an attorney to file my asylum application. unfortunately the lawyer just got 2500 $ from and then disappeared and after one year and half he did nothing. Me and his another client wrote to state bar and his case went to super court and finally he disbarred. For the second time I hired a new lawyer . My asylum application was filed at November 2015 . I had interview at June 2019 and now my application is decision pending.
I applied for EAD renewal at July 2019 and when I am checking my EAD status after about 4 months . It says that case was received. will this new rule affect on my EAD. What should I do. Should I talk to my lawyer.
The new rule might affect your EAD renewal, since it seems you filed after more than one year in the US (due to the first lawyer ripping you off). However, that rule is not yet in effect, so hopefully, they will just renew the EAD and it will be good for another two years. Take care, Jason
Didn’t you say just a week ago if you’re legal . One year won’t affect you ?! I had a change of circumstances . They won’t renew mine ?!
If you can show changed circumstances or extraordinary circumstances, you can probably overcome the one year bar for purposes of asylum. But under the new rule, for purposes of the EAD, people who file after one year will generally be blocked (unless the Asylum Officer or Judge has made a decision that you meet an exception to the one year bar – but they normally would only do that when they decide the case), so it is not clear whether people in your situation will be able to renew the EAD. For this reason, if you can renew before the rule goes into effect, that is recommended. Take care, Jason
Hi Jason,
My wife and I applied in April 2016 (SF office). We are still waiting for the interview.
My wife is a main applicant. Things are not going good in our marriage (a lot of stress was caused by the immigration process as well) and I’m afraid that we can get divorced soon. I have a good job in a tech company that can apply for H1B (and EB-3 later after that).
What are my options? Is it even possible to apply for an H1B visa, leave the US, and get a visa in 3rd country?
Thank you and good luck to everyone with their process.
It may be possible – I did posts about that on August 28, 2018 and September 6, 2018. If you get divorced, you are no longer part of the case and your EAD is automatically invalidated. Also, unless you have some other status in the US, you will have no status here. If you want to file your own asylum application, you should do that as soon as you are divorced – a person must file for asylum within one year of arriving in the US. There are exceptions to that rule, and one exception is that you had a pending case through your wife, but once you are divorced, you have to file your own case as soon as possible or risk being denied simply because you failed to file within one year of arrival. You should talk to an attorney about this and about the potential sponsorship, as these things can be tricky. Take care, Jason
Dear Jason and all asylum seekers community
I got this message when I checked my status on uscis, “Case Was Received At My Local Office.
On November ??, 2019, we received your Form I-730, Refugee/Asylee Relative Petition, Receipt Number …., at your local office.” what does that mean?
Does it mean the local office is going to interview me?
or it means I might have lack of necessary documents that sent with i730 form?
or what?
Has anyone experienced the same message by any chance.So he/she can explain what does it mean and what will be the next step?
Hint: the beneficiary is currently in the US.
Thank you in advance for any kind of explanation.
USCIS transfers cases around depending on the workload at different offices, so the message could have no meaning. But here, where the person expects to get an interview at the local office, it seems to me like a sign of progress – at least the case is where it needs to be to do the interview. How long you will wait for that, I do not know, but it seems like some progress. Take care, Jason
Hi Beneficiary:
I got the same message for my I-730 months ago. In 4 weeks, expect interview notice. Prepare all your documents nicely including a nice picture album that shows your marriage.
After interview, your will get the result in two weeks. Wish you luck!
You have made my day dear ASYLEE. Only GOD knows how much I am in need to see my i730 approval and after that to be able obtaining EAD and then finding a job.
Again, your responding with details is greatly appreciated.
Dear THE BENEFICIARY,
When did you apply the i730 petition ?
Dear Sambod
My i730 petition case was received by uscis on March 2019.
I applied for expedition request in July and received the expediting approval in September. Then my case was received by my local office on November.
Hi
The waiting time is taking another scale. The expedited case request was denied ,too hard,too hard and hard to endure, to much pain,thinking of children back home waiting years.
1.Do you have any client who submitted case between January 2016 and January 2017 who was called for interview without case expedition request or shortlist.
I thinking they have thrown our cases.
2.Is there any hope to come back to the old system, FiFo
Thanks
1 – Once in a while, USCIS seems to call a case for no particular reason, though I am never sure if the client did something to expedite the case without knowing about it. In general, though, I do not see cases being interviewed from that time period in VA. We do have a couple cases from about that time period that got called for interviews by the Chicago office, but they did not provide us any notice (one notice went randomly to an attorney who had nothing to do with the case), and so it caused more of a mess than a benefit. 2 – I doubt FIFO is coming back, at least I have not heard anything about that. Take care, Jason
Hi Jason,
First of all, thank you for your amazing website for keeping us up to date with new asylum regulations. I’m considering to relocate to DC / northern virginia area and wondering if DC or Alexandria falls under Arlington immigration court? I do not have any family or friends in the area and I would appreciate it if you would recommend an affordable area within northern Virginia. Thank you in advanced!
VA and DC (and other areas) all are under the Arlington Asylum Office. There are affordable areas, but it depends what you are looking for and you are better off with a real estate person’s recommendation than with mine, since I don’t get out too often. Take care, Jason
Hi Jason! I kinda freaked out! I have a pending decision case and Im working with my EAD now. However I applied after 1 year!
Do you know how long does it take for this law to become effective?
The comment period is open until January 13, 2020 or so, so it would have to be after that. I am hopeful it will be blocked by a court. We shall see. Maybe if you are eligible to renew now, you should do that (you can renew up to 180 days before the old EAD expires). Take care, Jason
The same administration that locks up children wants to “protect” children by denying EAD to asylum seekers who abuse or neglect children?
Let us say the asylum seekers neglected or abused their own kids, and they deny the parents the means to care for the kids,
what will they do? Lock the kids up at the “summer camp”? Nice!
They love to “protect” children. Ugh. Take care, Jason
Hello Attorney Jason,
First is to congratulate you for a job well done.Your blogs are miracle to many asylum seekers; as they not only enlighten and educate current happening in USCIS, but give hope and truth. Sometimes its SO hard to find truth even among our attorneys. What can I tell you: God bless you. Keep up the good work.
My question:
My case was referred to IM court and meanwhile its 4 months to the master hearing. Meanwhile my girlfriend who is a citizen and i have dated for one year. She 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.
5) Any more advice.
I think I responded to this before, but here you go: 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
Hi Jason!
My husband has been granted asylum on 11/19/19, he received the letter in mail confirming this for him and myself as well. I’m a derivative asylum seeker and I’m from different country than his. He received his I-94 in mail with the letter, however, I didn’t. I-94 locator gives me number for my old I-94. How can I obtain new one, and how will it affect my ability to apply for Green Card if I don’t receive it in one year? Also, is there any issues that I could potentially expect?
Thank you very much in advance,
Maybe contact the asylum office directly to ask about this – you can find their contact info if you follow the link at right called Asylum Office Locator. You should receive a new EAD indicating asylum granted (category a-5) soon, and that will also be proof of your new status. As for the GC, you have the approval letter, and so I think you should be fine, but it would be good to try to get the I-94 too. Take care, Jason
Hi, Jason, thank you for this post. It’s very sad what they are trying to do to us, people most likely will work illegally to support themselves, and it will create only new problems.
I have a question about new EAD form, have you filled one? On the instructions for this form it says write N/A
unless otherwise directed. But what does that mean? For example, they ask about other names/nicknames do you print N/A to all of them? And i fill my form myself, do I have to put N/A where it asks about preparer’s info? Sorry for such long comment, but I feel that it was done on purpose to confuse us and then reject form because we missed to.put N/A.
It does seem like they are purposely trying to confuse people and then reject their forms. We have not had any I-765 forms rejected for leaving blank spaces, but I do think there is no harm in writing N/A wherever there is a blank space. The people who reject these forms are (I assume) first level screeners, and so I would bet they are not looking too closely. If they have an excuse to reject a form, they might. Take care, Jason
Thank you so much for your contributions to the asylum community. We are all indebted to you. No matter what we do, where we go, but you will always be in hearts.
Speaking of myself, I fully agree. Jason, the service you provided to me and my family is priceless. No words are capable of paying back. It is not only about losing/winning the case. The embedded details are hard to be shared in public, but make sure that you literally have saved five souls from falling apart.
Asylum attorney: Not afraid to tell you the truth, a heart for people, and never judging.
A person you can tell your story without the fear of being judged.
Whether you win or loose your case, You still say, “THANK YOU”
Thank you both for the kind words. Take care, Jason
Apt!
You’re making me blush…
Hi Jason I read your last post.
I have a criminal record of evading arrest in a motor vehicle which is a felony in Texas I had to go to immigration court and in the process I was granted deferral of removal under CAT. I have been renewing my work permit and I haven’t had any issues. So it’s this law in effect now? And if so will I be block to renew my work permit ?
As I read this new rule, it has nothing to do with Withholding of Removal recipients, and so I think it will not affect you. Take care, Jason
Hello Jason,
First of all, thank you so much for your inspiring words. Your blog has been an immense help on this process. My case is on court now. I have my 1st hearing on Jan 2020. Do you have any recommendations for a lawyer in San Francisco area? Looking for a soon reply. Thank you.
I can’t post recommendations here, but I do not know anyone in SF anyway. A good starting point is http://www.aila.org. Also, there is a terrific non-profit in SF at Hastings University Law school – I think it is called the Center for Gender and Refugee Studies. Maybe reach out to them to see if they have a list of reputable lawyers. Take care, Jason
You did not mention Work permit renewal regarding 1 year rule At all .
It’s there – in the fourth paragraph. Basically, if you filed for asylum after one year in the U.S., and you currently have an EAD, USCIS might refuse to renew it when the time comes, but check that paragraph, as there is a bit more to it. Take care, Jason
Thank you so much Jason. Keep us motivating.
Hello Jason,
Do you have any information how to know about Judge information in the court.
For many Judges, you can find that info if you Google “TRAC Immigration”. But for newer Judges, that info will not be available yet. Take care, Jason
Hi Almon
My case is also in San Francisco and my hearing is also in January. My lawyer is preety good and reasonable. She has an organization called [redacted].
Hope it will help.
Sorry, I can’t allow names of other lawyers here or organizations, as I do not know them and it could cause liability for me if they object. Take care, Jason
I have case in sfo can u give me ur lawyer information so I can contact her for my case too
Thanks for this article,
What is the point of the new regulation? There is no harm if a “fraudulent” applicant worked for a few months before the governments detect his/her fraudulent claim. No?
Once they identify the fraud case, they can take the appropriate legal action.
They are encouraging undocumented work efforts rather than reducing fraudulent applications. Seekers will work anything toward the relief of their own indigence. Eliminating or delaying EADs will not prevent them from fighting to survive. They are just making things harder. As a result, the proposed law will not prevent the backlog from growing.
The proposed regulations are a loss to the US and the community rather than anything else; there is no gain to anybody out of it.
Smelting both real and fraudulent applicants in one crucible has dangerous consequences on society. The only result I see out of this policy is to scare asylees and to let them seek asylum in other countries. They might be succeeding to some limit in frightening asylees, but that has a huge impact on the American legacy and the nation’s integrity.
I agree – I certainly believe asylum fraud should be punished (especially the “lawyer” and notarios who push such fraud), but this rule does nothing to target such people – it targets everyone. As for our nation’s integrity and honor, unfortunately, those seem to be foreign concepts to the current Administration. Take care, Jason
Hi Jason,
Can I apply for advanced parole for humanitarian reasons while in removal proceedings ? I really need to travel and my case has not yet been adjudicated. I read on the USCIS form that it needs to be obtained from ICE. I’ll appreciate any information you have.
Thank you
H.
In my knowledge. If your case is in the removal proceedings (court). You cannot travel and then go back. If you travel overseas, you will be considered having deported yourself…
On the USCIS website, it says you can obtain permission from ICE. I am not sure. I will wait Jason’s reply.
Maybe reach out to DHS – or have your lawyer try that. It doesn’t hurt to ask. Also, some people can travel in removal proceedings – one example is a person with a valid green card, who has been put into proceedings, where the GC has not yet been given up. Also, people with TPS and Advance Parole have traveled and returned while in proceedings. If you think you may be able to travel, talk to a lawyer first to be sure, as leaving the US is normally considered a deportation and you cannot return. Take care, Jason
I have never done that, and it may not be possible. If it is possible, you would need to obtain permission from the DHS Office of the Chief Counsel (the prosecutor – a link is at right). You might also try to expedite your case – I wrote about that on April 20, 2017. Good luck, Jason
Hi Jason
Thanks a lot for the information. You put two comments where one says it is possible and the other not. I was asking about the advanced parole during removal proceedings. One note you said that people have gotten it before. But the other message you said ask DHS but you think it will not work. Can you kindly clarify ?
Thank you
H
I think it will not work, but I could be wrong, and the first step would be to ask DHS to see what they say. Also, certain types of people may be able to travel (I listed two examples), but if you are an asylum seeker who was referred to court, you would not be among those who could potentially travel, and you would have to try to communicate with DHS to see whether there may be a chance of traveling. You could also have a lawyer research this question. Take care, Jason
Thanks Jason for the info. On the USCIS website it clearly states that those in removal proceedings can contact ICE for advanced parole. Like you said, asylum I dont know. But how can I contact DHS or ICE ? I tried ICE legal advisor and no one picks the phone. Can I physically go somewhere ?
Check the link at right called DHS Office of the Chief Counsel. That has the contact info for the prosecutors in immigration court – they are ICE’s lawyers. At least that is a starting point. You can call and ask for the attorney on duty. Take care, Jason
Hey Jason,
What are the chances this goes to become a law?
Is there any oversight to this change in process (like congress)?
Do you see any merit for this regulation to be challenged in court?
I do not think Congress has a role here, at least not directly. However, I do think there is a basis to challenge this in court. I am not an expert in this, but as I understand the Administrative Procedures Act, the Administration is required to provide a rationale basis for changing the regs. The justification here is weak, and by delaying the EAD for so long, they effectively nullify the right of people to seek asylum (since they will die of starvation before the case is adjudicated). In that sense, they are using the reg to make kill the law, which is arguably not permissible. This was the basis for other court challenges, such as the early iterations of the Muslim ban, and while those challenges were successful in lower courts, they have been less successful in the (highly politicized) Supreme Court. We will have to see what happens, but I hope a court will intervene. Take care, Jason
Hello Jason,
I am an asylum seeker with a pending case, I got married with a US CITIZEN and I got the green card. My Ead is still valid until the end of 2020. If I keep my asylum and want to travel can I apply for the US travel document ? Which form to fill out ? My country passport expired and it might be difficult to get another one. On the other hand, in case I keep both green card and asylum, what will happen when my EAD expires? Will i have to renew it? (It will be a waste of money) or you can suggest what is the best to do.
Thank you in advance for your reply.
The asylum-pending EAD is of no use to you, and you can only apply for a Refugee Travel Document (which acts like a passport) if you win asylum; you cannot get an RTD if asylum is merely pending. With a GC, you can apply for a Re-Entry Permit using form I-131, available at http://www.uscis.gov. This looks like a passport, and allows you to re-enter the US, but I do not know if any countries (or airlines) will accept it in lieu of a passport. The purpose of the RTD is to act as a passport for people who cannot get a passport, but there is nothing equivalent for people with a GC who do not also have asylum granted (or refugee status). Maybe if you look at the Re-Entry Permit and read the instructions, there will be some instructions about this, or you can try to contact the embassy of the country where you want to go to see whether they might accept that document. Take care, Jason
Okay, so it has been 3 years for me. I am glad I don’t have to file EAD yearly, if they want to torture us more why not change that rule as well? Like, you know, force us to file for EAD every 3 months. Since the workload will at least triple during a given year, we should constantly have gaps in between because USCIS will never provide EAD’s in time. So we won’t have a proper career or education so they could prevent “frivolous, fraudulent, or otherwise non-meritorious asylum applications to obtain employment authorization.”
That said, I have been paying my taxes for over 2 years now, and while waiting I receive no benefits or public aid. People are going to have to work whether DHS likes it or not, and with these changes the Federal Government is just going to lose the tax revenue.
I am glad that at least State of California is paying my tuition with regards to our situation…
Thank you for such a timely and wise article, Jason! The main problem boils down to the fact that the current WH administration seeks not only to limit the possibility of applying for political asylum and obtaining it, but also to destroy the ASYLUM INSTITUTION ITSELF. It’s a shameful and unpromising policy that ultimately leads to the destruction of the country itself, as its democratic foundations will be destroyed.
I think you are exactly right (unfortunately). Take care, Jason
Jason, thanks for sharing this information.
As an asylum seeker myself, I filed my case in 2014 and interviewed in 2018, still waiting for the decision. I cannot even imagine surviving under the situation that is suggested and going to be implemented. With a family of a total of 5 people with three kids, I cannot even imagine how worse it was in the past about 5 years. First of all, as an asylum applicant what would be the problems:
1. I could not get the SSN number. The social security card is the most important document if you want to come into the system. I and my wife pay our taxes with our SSN that can be replaced with a TIN number but that is not SSN at all.
2. I could not get my driver’s license / ID. As an applicant for political asylum and a victim of the persecution attempt from the government, I cannot renew my country’s ID or Passport, as such, I won’t be able to have a valid photo ID if I do not have the US or State issued photo ID I cannot survive a day. Most of the asylum applicants work as Uber or Lyft drivers or even simple taxi drivers, delivery drivers or other technical things that need driving. It will be a total disaster.
3. I and my wife completed our studies during this period when we also work. Most of the universities or colleges do not accept you if you do not have a valid ID/EAD or valid immigration status. The receipt from USCIS that you filed your asylum case and you can remain in the US is not a valid document that can be accepted. It cannot replace an EAD or state-issued ID.
4. If you do not have a photo ID you cannot travel by air. Especially when your passport is not valid. I think you cannot travel by train too.
5. There is a system of a background check when you remain in the US for a certain period, it will increase the problem because a person who does not have an SSN and ID cannot be tracked. Their names may appear but in the system but they could not be found anywhere just with a receipt of an Asylum application.
There will be more problems but this is something came in my mind.
These are all important points. I think the whole purpose of this change is to harm asylum seekers. It clearly is not to somehow protect “legitimate” asylum seekers, as DHS claims, since the rule affects everyone. Frankly, the most offensive thing about this is that they are pretending it is designed to help certain asylum seekers. It’s like beating your child and then claiming you are doing it to help the child. Disgraceful. Take care, Jason
Dear Jason
Do you know when these new regulations will go into effect? And will they apply to applicants who have applied their asylum cases before the regulations going into effect?
Do you know that the new regulation for submitting all the evidences before the interview will look prospectively even to those applicants who have filed their case after the law goes into effect? Do you kbow when the new laws are going into effect?
So people would not be able to provide further evidence on the interview date?
The comment period on the rule ends on January 13, 2020, so it would not go into effect before that time, but I do not know when it will go into effect (or if it will be blocked by a court). I do expect that the rule will apply to everyone who submits documents after the effective date. I do not know whether local asylum offices will issue their own rules about the time frame to submit evidence (as they do now) or whether they will all be required to follow the 14-day rule. Take care, Jason
Hello Jason,
Can you make a post urging everyone(Attorneys, asylum seekers) to submit a comment about how they will be impacted?
Would also be nice if you detailed/easier ways to get involved in comments.
The reg itself provides info about how to submit comments. I have cut and pasted that portion below. I think it is helpful for people to post their comments to that website. Whether it will affect the final reg, I do not know, but it may help with litigation or just with telling DHS how cruel they are being, and so it is worthwhile. Take care, Jason
DATES: Written comments and related material to this proposed rule,
including the proposed information collections, must be received to the
online docket via http://www.regulations.gov, or to the mailing address listed
in the ADDRESSES section below, on or before January 13, 2020.
ADDRESSES: You may submit comments on this proposed rule using one of
the following methods:
Federal eRulemaking Portal [preferred]: http://www.regulations.gov. Follow the website instructions for submitting
comments.
Mail: Samantha Deshommes, Chief, Regulatory Coordination
Division, Office of Policy and Strategy, U.S. Citizenship and
Immigration Services, Department of Homeland Security, 20 Massachusetts
Avenue NW, Washington, DC 20529. To ensure proper handling, please
reference DHS Docket No. USCIS-2019-0011 in your correspondence. Mail
must be postmarked by the comment submission deadline.
FOR FURTHER INFORMATION CONTACT: Maureen Dunn, Chief, Division of
Humanitarian Affairs, Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of Homeland Security, 20
Massachusetts Avenue NW, Suite 1100, Washington, DC 20529-2140;
Telephone (202) 272-8377.
I do not know when they will go into effect – the comment period for the rule ends on January, 13, 2020, so it would have to be after that, but I do not know when. Some of the regs affect all asylum seekers, some only affect people who file after the effective date – I tried to note that above. Take care, Jason
Thanks, Jason.