EOIR–the Executive Office for Immigration Review–has proposed a fee increase for applications before the Immigration Courts and the Board of Immigration Appeals (“BIA”). The new fees purportedly reflect the cost of adjudicating the various applications that EOIR reviews, and include the following–
- Increase the fee for Form EOIR-26 (Notice of Appeal from a Decision of an Immigration Judge) from $110 to $975.
- Increase the fee for Form EOIR-29 (Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer) from $110 to $705.
- Increase the fee for Form EOIR-40 (Application for Suspension of Deportation) from $100 to $305.
- Increase the fee for Form EOIR-42A (Application for Cancellation of Removal for Certain Permanent Residents) from $100 to $305.
- Increase the fee for Form EOIR-42B (Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents) from $100 to $360.
- Increase the fee for filing a motion to reopen or reconsider with the immigration court from $110 to $145.
- Increase the fee for filing a motion to reopen or reconsider with the BIA from $110 to $895,
Also, the new fees include a $50 fee for asylum cases filed with the Immigration Court (I wrote about this previously after USCIS proposed a similar fee for asylum cases filed with that agency).
As you can see, the new fees are significantly higher than the current fees. EOIR Director James McHenry justifies the fee increase as follows–
The proposed fee increases are marginal in terms of inflation-adjusted dollars and would mitigate the significant taxpayer subsidization of these forms and motions. EOIR is long past due for a review of its fee-based filings, especially as its caseload and costs have increased substantially since 1986.
As usual, Mr. McHenry’s comments reflect his lack of compassion for vulnerable immigrants, not to mention his tenuous grasp of reality. A 900% fee increase for BIA appeals is certainly not “marginal,” and will likely preclude many people from exercising their right to due process of law. Sadly, though, the rights of immigrants have never been a priority or a concern for Mr. McHenry, at least as far as I can tell, and so his comments are hardly surprising.
Now, to be fair, EOIR has not increased fees for 30 years, and so a review of current fees is overdue, and a reasonable fee increase could certainly be justified. Let’s take, for example, the most impactful of the new fees, the fee to appeal an Immigration Court decision to the BIA. The current fee is $110. According to EOIR, had this fee been adjusted for inflation (starting in 1986), it would be $252.63 in today’s dollars. So in that sense, the current fee is less than it should be (whatever that means). The new proposed fee of $975 is nearly nine times the current fee, but “only” about four times the adjusted-for-inflation fee.
Also, a fee waiver may be available for those who need it, using form EOIR-26A. This form (at least in its current iteration) is fairly simple, and seeks information about the applicant’s income and expenses. It’s not clear how much evidence is needed to support the contentions in the form, but given the wide latitude of adjudicators to grant or deny a fee waiver, it seems to me that the wise applicant will include significant supporting evidence (which may require a lot of work). Pursuant to the regulations, EOIR has the “discretion” to grant a fee waiver. However, the regulations also indicate that, “if the fee waiver request does not establish the inability to pay the required fee, the appeal or motion will not be deemed properly filed.” Does this mean that an appeal filed along with a fee waiver will be rejected if the fee waiver is denied? Will EOIR provide some type of notice, so that applicants can raise the fee and pay for their appeal? How much time will EOIR allow to pay the fee? It’s hard to be optimistic about any of this, given that the whopping new fees seem purposely designed to dissuade applicants from pursuing their rights before the Immigration Courts and the BIA.
Finally, EOIR’s main justification for the new fees is that costs for the agency have increased, and raising fees will help cover EOIR’s expenses and protect tax payers–to the tune of about $45 million per year. To come up with their numbers, EOIR completed a study where they looked at who adjudicates the various applications, how long it takes, and how much it costs (taking into account salaries, but not other expenses such as overhead or employee benefits). How accurate is this study? I have no idea. Different appeals, for example, require very different amounts of work. Some appeals are simple; others are complicated. But even assuming the new fees accurately reflect EOIR’s expenses, I think that fee increases of this magnitude are unfair for two main reasons.
First, EOIR’s justification for these fees is a con job. They talk about the expenses of immigrants, but not the contributions of immigrants to our society. The Trump Administration tried this trick at least once before, when it suppressed a study showing that refugees contribute more to our economy than they take, and instead released a distorted study, listing only the costs of helping refugees. You simply can’t separate out the costs of maintaining an immigration system from the benefits we as a nation derive from that system. Yet that is what EOIR is doing here: Director McHenry decries the expenses to the system, but we learn nothing about how immigrants contribute to our economy (and the weight of the evidence indicates that immigration benefits our economy).
Second, in its mission statement, EOIR indicates that it “is committed to providing fair, expeditious, and uniform application of the nation’s immigration laws in all cases.” How can it fulfill this mission if the people before the Immigration Courts and the BIA cannot afford the relief to which they are entitled? To have a functioning legal system, people in our country need access to courts–civil courts, criminal courts, and immigration courts, among others. Our’s is not (and should not be) a nation where you receive only the justice you can afford. Non-citizens who live in our country should not be an exception to this rule. Or, as the indefatigable Paul Wickham Schmidt writes—
Correcting errors on appeal is probably one of the most important functions the Government performs. That’s particularly true when the public segment “served” is generally limited income individuals and the getting results correct could be “life determining.”
At this stage, the new fees are proposed, but not yet in effect. The public can submit comments about the proposal, and perhaps that will cause EOIR to modify its plan. To submit comments, see page 2 of the proposed rule.
Make no mistake, these proposed fees are another attack on immigrants, justified with half truths, and implemented because immigrants are too vulnerable to fight back. All people of good conscience should continue to resist these terrible policies, which directly impact our non-citizen neighbors, but which, in the end, harm us all.
Dera Jason
Thank you for all information,
During the pandemic time as an asylum seeker I contributed as a volunteer does it affect my interview and next question is how long can take my wife’s interview as dependent in my case..
It normally would not effect your eligibility for asylum. But you should include evidence about it, as it shows good moral character. If your wife is a dependent on your case, she should be interviewed on the same day as you. Dependent interviews usually only take a few minutes, as they normally only ask the “bar” questions (Are you a criminal? Are you a terrorist? Etc.). Take care, Jason
Hello
First of all thank you for everything you are doing for us
my question is that in we asylum seekers considered as our state students in Virginia as there requirement is to provide domicile. What does the policy say .
Would appreciate if you put your input on this matter.
Thank you
As far as I know, my clients in VA are not able to get in-state tuition unless they win their asylum case. The rules may change though, and if you contact the International Student Office at the specific school, maybe they could help. Take care, Jason
Tanks
Dear Jason,
Thank you for your time on our issues.
Please be informed that last week thursday i checked my uscis page and found out that my interview has been scheduled. Please how do i know the date and time when this was updated?
Secondly,i am yet to see any letter for the date,but checking it now at 9:30pm central time, i saw it has been updated to “Interview is Being Rescheduled”
What could be the reason for this,or could it be linked to the present world issues Convid 19?
Thank you.
Emmanuel
All interviews prior to April 1, 2020 are being rescheduled (and probably interview after that date too). You should receive a paper notice about this. Take care, Jason
Hi Jason,
Has any cases from Nepal got approved in the immigration court recently?
We got Withholding for a many from Nepal recently. The problem was that at trial, DHS introduced evidence of a Treaty of Peace and Friendship between Nepal and India. According to the treaty, anyone from Nepal can live and work in India. My client had visited Nepal, and so the judge found that he had been “firmly resettled” there and was this ineligible for asylum. We argued that he did not meet the criteria for firm resettlement, but the judge did not buy it. The case is currently on appeal, and we do have a fairly strong argument, but the BIA is not particularly friendly territory these days, so we’ll see what happens. If you’ve been to India, you should probably be prepared to argue that you did not “firmly resettle” there. I did a post about that (sort of) on June 22, 2017 – maybe that would be of use. Take care, Jason
Jason,
I saw you said somewhere in comments that you prefer not to file the I-693 form with the rest of the application (adjustment of status based on asylum). Is it correct? When do you usually do it? When a fingerprint appointment is scheduled? If so, do you just send an additional package to the USCIS that only contains the I-693 form?
It is also not very clear what a “drug screening” during an I-693 appointment means. Is it a traditional blood/urine drug test?
You can do it either way. You can file the medical exam with the original application, as long as you got the exam withing 60 days of filing (you have to check, but I think it is 60 days – it may be less) or you can submit it when USCIS requests it (sometimes by mail; other times, they tell you to bring it to the interview). I don’t really have a preference, but lately we’ve been submitting them later, not at the original filing, and that works fine. As for the drug test, I imagine that is what it is, but I’ve never taken the test or asked about that part. Take care, Jason
Hi Jason, since i saw smb’s comment up there about the passport getting expired, I got the question myself.
I’ve heard that if your home country passport is getting expired, it’s not recommended to apply for the renewal of the passport through the embassy of your home country, assuming that you applied for asylum in USA.
Is it true ?? And if yes how would US government find out if you did apply for the renewal of your passport ??
It is better not to get the passport, but it depends on the case. If your main fear is of non-state actors (terrorists, criminals, etc), it is easier to explain why you got the passport. But if you fear your home government, it is more difficult to explain why that same government gave you a passport and – if you travel using the passport – why you put yourself under the protection of that government. I have had clients get the passport, as people often need to travel and have no other choice, and I have not seen a problem for them. However, anyone who does that should be prepared to explain themselves if asked. As for the US government, I would just assume that they would know and act accordingly, even though they may not know (but they tend to know a lot more than you think they do). Take care, Jason
Hi Jason,
I have been waiting for decision after interview for almost 2 years. my wife is a derivative. We currently both lost our passports probably while relocating. does it make things harder for us in the next steps? what action do you suggest in this situation? Thanks in advance.
You might contact the asylum office to inquire about the status of the case – you can find their contact info if you follow the link at right called Asylum Office Locator. Otherwise, losing the passports should probably not matter, especially if you have copies. You might want to inform the police that the passports are lost and get a police report about that. Then, if you ever need it, you will have that. Take care, Jason
Hey Jason! Last year I have been granted asylum status, and want to say huge thank you for what you are doing!
Your blog and advice were really helpful to me and to other people.
I would like to ask for your opinion.
Right now I already can start applying for permanent status, but since then I found a love, and
I also can marry a citizen now. Which way would be easier and faster for me to get citizenship?
Would you recommend to do the green card process through marriage if it’s true love? And do I understand correctly, if I will apply for a green card right now trough asylum, I wouldn’t be able to apply through marriage?
You can do either way. If your main concern is getting to citizenship, the marriage would probably be faster – if you get the GC based on marriage and you remain married, you can apply for citizenship 3 years after you get your initial GC (and you can mail the application 90 days before the 3-year anniversary). If you get the GC based on asylum, it will be back-dated one year, so you will have to wait 4 years (minus 90 days) after receiving the GC based on asylum before you can apply for citizenship. The main negative now for a marriage case is that you have to complete a very burdensome extra form (form I-944), and that may slow down processing (the form is very new, and so we do not know how it will affect processing times, if at all). You might talk to a lawyer to see which is the best choice, as there are pluses and minuses for both paths, but in the end, either one should work. Take care, Jason
Anyone from newark asylum office?which year are they interviewing?
There was an announcement that they would slow down, but as of a few weeks ago, they were at least interviewing some new LIFO cases, including one of ours. Take care, Jason
My interview is schedule for next Tuesday in Lyndhurst, NJ. My application was received February 7, 2017
Did you shortlist or expedite
No I did not expedite. I just receive the letter appointment 3 weeks ago.
Hi Jason
I’m a derivative in my husband’s pending case. My husband has become very emotionally and verbally abusive. He knows I dont have a case to file on my own and that my being here is depending on him.
I left everything I had to come here with him. Now I have nothing, nothing to go back home to. I feel so stuck!
What are my options with the nunc pro tunc asylum procedure?
I hope to hear from you soon.
Nunc pro tunc is for dependents who already have asylum where the principal somehow loses asylum status (typically by naturalizing, getting divorced or dying). If you do not have an asylum case on your own and you want to stay here, you would need to find another way. You should talk to an attorney, as there are many options and maybe the attorney could talk through these with you. Take care, Jason
Hello Jason,
I am an asylee with pending green card application (7 months). I have a few question:
1. When I can file for my mother to come join me? After green card or citizenship?
2. My mother takes care of my late sister’s kids, can she bring them too?
Thank you!
Hi Zuma,
Could you please tell me which office did you applied your I-485.
Thanks
Kris
Texas
1 – You can only petition for a parent if you are a US citizen. Before then, your mother would need to find her own way to come here (tourist, worker, student, DV lotter, etc). 2 – If they can get visas, but you would not be able to petition for them, even if you are a citizen (you cannot petition for nieces or nephews). Take care, Jason
Hello, Jason
My case was referred to the immigration court
And Currently I’m engaged to an American citizen
We are going to marry next year
Can I still file the marriage petition before the judge at merits hearing or after? will it be late?
What are the procedures for marriage filling during the court?
Thanks
The sooner you start the process, the better. I described how the process works in a posting I did on August 2, 2018. Maybe that would help. Take care, Jason
Hi Jason,
I wanted to ask if a pending asylum applicant traveling back to the US after traveling abroad on Advance Parole removes the two year home residency requirements because of J-1 visa. I heard that getting paroled into the US means that the two year rule home residency requirement is removed and an applicant can adjust status based on marriage to a US citizen or employment.
Thank you1
Hi Jason,
I wanted to ask if a pending asylum applicant traveling back to the US after traveling abroad on Advance Parole removes the two year home residency requirements because of J-1 visa. I heard that getting paroled into the US means that the two year rule home residency requirement is removed and an applicant can adjust status based on marriage to a US citizen or employment.
Thank you1
I have never heard that before and I highly doubt it, but I suppose you could have a lawyer research that to be sure. If you win asylum, the two-year home residency requirement is automatically waiver, but I have never heard about AP accomplishing that. It seems too good to be true. Take care, Jason
Did anyone who applied in Chicago office in 2016 got intereview????
I applied in may 2016 still waiting for interview.
Dec 2017 – still waiting for interview (Chicago)
I was interviewed at the Chicago office over 3 years ago but I have been placed in the limbo. When Jason says that they are fast, I always say that they were fast with people they like lol
I think they are (or were) fast for new cases under LIFO. Old cases are stuck in limbo there and most other offices too. You can always try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason
Thank you for everything you are doing to help . I am applying for adjustment of status . How do I answer the question « have you ever overstay your visa? » I overstayed my visa prior to submit my asylum application. Do you think it can be a problem ?
If that is the question, I think your answer is proper – it sounds like you did overstay your visa, and so you should indicate that and explain. That should have no effect on adjusting status. If USCIS thinks you are not telling the truth about overstaying, it would have a negative affect. Take care, Jason
I got a call from Asylum office for Interview date. They told me There is a open spot, since I am in a short list, they asked me if I am available at that day and time. I said yes. I have interview next week Wednesday. But I still haven’t gotten notification. I will go to interview even if I don’t get notification by mail. Because I see on the online system that they scheduled my interview. Do you think that it is going to be a problem?
I do not think it will be a problem, but make sure you bring your Alien number and your receipts with you. That way, once you are there, you can give that info to the reception person and explain that your interview was scheduled by phone based on the short list. Take care, Jason
i want to know where is your asylum Office ？where you live？
Hay Ali, it happened with me too. I got a call on Friday that if I want to take the slot on coming Monday, so practically I had only a weekend, and there was no possibility of receiving actual notice, but I went and met the agent at their window, who took out everything for me and interview happened properly. So, get prepared and best of luck.
i have been added to short notice list for 80 days ago in new orleans and not get phone call yet.can you tell me how long you wait the phone call for interview . can you share your timeline？
Hello Xing, I waited about 3 years after being shortlisted to get a phone call that if I want to take the available slot. You can get a call any time, but those shortlisted also have a first come first serve I guess, so those who are shortlisted before you, will get to be called first. Best of luck.
it is long time .do you mind telling me where is your location？
i have been added to short notice list for 80 days ago in new orleans and not get phone call yet.can you tell me how long you wait the phone call for interview . can you share your timeline？where your location？
I was thinking about moving my case to New Orleans also , do you want to leave your email , we can talk about it and hopefully become friends
liangyao1996@gmail.com
Dear Jasón have you used form g884 to request original documents from asylum office ? I left my birth certifictSs when I had my interview a few months ago , after my case was processed I asked them via email and never replied . I will try to fill out this form and send it to them to ask for my original documents ? Are there any indications for this procedure ? Is it too late to retrieve my documents ?tha k u
I have not used it – whenever I needed to get originals back (which I have not needed to do in a while), I did it more informally. You might try emailing them again or going in person to ask about the originals. Also, you can certainly try the form. I imagine it will work, but I am not sure, since sometimes, things that work for USCIS do not work for the asylum office (even though the asylum office is part of USCIS). Take care, Jason
Good day Jason,
Its finally friday. I hope you are doing well.
I have a confusion question:
1. I was looking into form I-485
Question number 65 :
Have you ever lied to obtain a visa?
While i applied for b1/b2 visa from my country a friend helped me fill up ds-160 form. There was this question about are you associated with any group/political group or organization.
– i checked “NO” at that point.
Later during my asylum interview i corrected that and told them i over-read that question and corrected them by telling them i am a political member.
I am a asylee now.
My question to you is:
On my green card application should i tick “yes” or “no” on that question?
If i check yes should i add a additional sheet to explain them why i lied during my b1/b2 application?
2. Will this issue haunt me during my citizenship application too?
Please help me understand.
Thank you and god bless
Coincidentally, I am working on a blog post about this question (though it may be a few weeks before I post it). 1 – I think you can check whichever answer (yes or no) you think is more accurate, but either way, circle the question and write “see cover letter” or “see supplement page”. Then in the cover letter or the supplement page (at the end of the I-485 form), provide an explanation. That way, USCIS cannot accuse you of lying. And, if USCIS determines that you need a waiver (basically a form request forgiveness for your lie), you can do that now – it is much easier to get a waiver at this stage than after you have the GC. 2 – If you don’t reveal this now, it could haunt you during the citizenship process. I did a consult a week or two ago for someone who had been denied citizenship because he said he answered “no” to this question, when in fact, USCIS believed that he did lie when he arrived in the US and spoke to the CBP agent (he said he was here for tourism but really planned to seek asylum). This is an issue that can easily be cleaned up if necessary at your stage (the I-485), but which becomes much more problematic if the GC is issued and USCIS later accuses you of lying. In short, if you take care of this issue now, you should be fine, but if you say “no” without an explanation, it could create real problems at the citizenship stage. Take care, Jason
Thank you so much for this information, you are really very kind for helping us out.
I have a response question to your answer:
I am planning to say “No” and thinking to circle the question and write something at the end of the form.
My question to you is:
If they think i need a waiver, will they send me a RFE for waiver or will they deny my application and ask to redo the application, How does it work?
I have not had to deal with that in a while, but last time I did, they sent an RFE informing us about the waiver and gave us an opportunity to file it. I think that is how it would work, but since everything is so crazy these days, I am not 100% sure. If you think you need a waiver, you might consider filing that with your application. If you think you do not need the waiver, you should have an opportunity to file it if USCIS decides you need it. Take care, Jason
Jason, so can this ever be cleaned up at the citizenship level? If so, how? In reality, most asylees don’t disclose at the airport that they are seeking asylum.
My guess is that they way to clean it up is to admit to it and explain, and try to show that a waiver was never needed. We have done something like that before, so it may be possible. These days, though, USCIS is harsher, so they could force you to apply for a waiver. The problem is that at the GC stage, the refugee waiver (under INA 209(c)) is much easier than any waiver that you would do after you received the GC, but there are waivers that may work. For me, if the person hires me to try again for him for his citizenship, I think we will not file a waiver, but instead, we will try to explain why a waiver is not needed. Take care, Jason
Jason, thank you for the explanation. I didn’t even know you can file a waiver at the citizenship level.
At that point, USCIS will indicate that you improperly received the GC and sometimes allow you to file the waiver and then resume processing the citizenship. Whether they still operate this way, I am not sure, but I have seen that in the past. Take care, Jason
Hello Jason!
I hope you are doing great! I’ve been living in Houston Texas for about 5 years and have my asylum pending with the Houston office since 2015. And I have came to the country through a visa. I just moved to Hobbs NM recently. I went to the Houston asylum office to have my address changed last week. I asked the lady who was working at the window that where will be my interview scheduled because New Mexico has the same asylum office (The Houston one) . I assume she was a new employee and didn’t know a lot about the procedures but she told me I might get my interview done in the El Paso Tx office. But as far as I know, the El Paso office is just a field office which deals only with Credible Fear interviews but does not do asylum interviews. My question is that do you know where my interview would be scheduled? In Houston or El Paso?
Thank you for any response you might share!
Yeah Muhajir
As far as I know your interview will be in El-Paso Texas and New Orleans in Louisiana will be the office to finalize your case. That’s how it is cos New Orleans is a Sub Office to Houston Texas.
Thanks but I know Jason will still talk to you about it.
NO is now an independent office. You can check which office is your main office (but not sub-office) if you follow the link at right called Asylum Office Locator and enter your zip code. Take care, Jason
Thank you Jason for your response but I think you misread my comment. I didn’t move to New Orleans/Louisiana. I moved to Hobbs New Mexico.
And the office locator gives me Houston as my office.
So TX is your main office. Whether the interview will take place there or in a sub-office or circuit ride, I do not know. Take care, Jason
I don’t know – The various asylum offices have sub-offices and do “circuit rides” where they send officers to different cities to do interviews. I do not know whether this affects the order in which cases are interviewed (for example, whether people in the main offices tend to get faster interviews), but if you decide to try to expedite the case (which I wrote about on March 30, 2017), you might indicate that you are willing to come to the main office for an interview. Otherwise, you will just have to wait for the notice. If you have a lawyer in TX who is more familiar with that asylum office, the lawyer may know whether interviews occur in El Paso. Take care, Jason
Hi Jason,
I have an asylum intreview next week. In my visa application I have said that I was never arrested while in reality I was arrested because I am a human rights activists. Would that be an issue during my interview ? If yes how can I address it ?
By the way, I did a posting on September 8, 2016 that may be of interest to you (about the asylum interview). Take care, Jason
Hi,
My question is about the higher education. As an asylum seeker I can’t return to my country to get my education documents which is required for higher education in USA. Is there any solution to this problem ? I don’t have any proof in USA however I graduated in my country but can prove it here in USA.
I don’t know how you can do that unless you can get someone else to obtain that info for you, or if you have a copy of your diploma or transcript already. If you submitted that info to the US government when you applied for your visa, maybe you could get a copy of it from the US government by filing a Freedom of Information Act request with USCIS (form G-639, available at http://www.uscis.gov) or the State Department. Take care, Jason
You can ask a family member to put the document on DHL its nationwide and it 2to5days.
Hi Jason,
I need some urgent help. I filed for asylum in 2014. in mid of 2018, they scheduled an interview but I never received the interview notice so I wrote a letter to the asylum office to reschedule my interview and they accepted my request. So the asylum case is still pending at Chicago’s office.
In late 2018, I got married to a USC and we filed for AOS. We had an interview in Feb of 2019 which they separated us and grilled me about my asylum case meanwhile asking a lot questions about our marriage and till today there is nothing from the USCIS. Whenever I request a case update, they say its pending.
Now, the asylum office usually schedules interviews in June for July where I live. I am worried that if they schedule an interview in July of this year and If I go then get denied at my asylum interview then I believe that my case will be referred to Immigration Judge which that will crash my marriage based case as then they judge have to make a decision on it instead of the USCIS.
Do you have any recommendations for someone like me? What is the best option for me here?
I apricate any input.
Even if the case is referred to court, you can still do the marriage case. In fact, as long as the I-130 is approved, it may be easier to do the marriage case (the I-485 part) in court. I do recommend you keep following up with the asylum office since they indicated they would schedule the interview, and continue to follow up about the marriage case. You might try contacting the USCIS Ombudsman about the marriage case – a link is at right. They sometimes help with delayed cases. Take care, Jason
Guys I need health care coverage that would cover An asylee , In a bad health condition . I’m located in California . Anyone know which plan would cover me ?
Sometimes, the non-profits can assist with a referral for this. Two non-profits that may be able to help are Catholic Charities and HIAS. If you Google them for your area, you might find someone to contact who can help. Take care, Jason
I have heard people talking about Obama care here . How did they get that ?
Sorry, I do not know the requirements for that. Maybe someone who has it can respond. Take care, Jason
Hi Jason,
Do you recommend utilizing an attorney to file I-485 or can I do it myself?
Also, my home country passport is expiring soon, I understand I’m never going to need it, but do I need to do anything about it?
Thanks.
These days, if there are issues in your case, I do recommend using an attorney for the I-485 (sometimes, hidden issues remain unnoticed until they cause issues during the citizenship application – I saw that in a recent consult). The most important thing is to be consistent between the I-589 and the I-485 (assuming you are now an asylee), and if you ever lied to obtain an immigration benefit or a visa, make sure to indicate that you lied when you answer the questions on the I-485. It is much easier to clean up that problem at the GC stage than at citizenship. I hope to write a blog post about this point in the near future, but I need to find the time. As for the passport, I do not see why that is an issue – you can always apply for the RTD (again, assuming you are an asylee). Take care, Jason
Thanks for the input Jason… and yes, I’m an asylee.
Hi Jason,
I have an asylum intreview next week. In my visa application I have said that I was never arrested while in reality I was arrested because I am a human rights activists. Would that be an issue during my interview ? If yes how can I address it ?
You need to explain that and tell them about the arrest. This should not block you from asylum (there is a case about this called Matter of Pula), and so you need to affirmatively tell them (preferably in your affidavit) about the misrepresentation. If they have to ask you about it, it could be harmful to the case. Also, if you do win asylum, you need to be sure that when you complete the green card application (form I-485), you explain that you lied to get an immigration benefit. Maybe if you reach that point, talk to a lawyer before you file for the GC. Good luck with the interview, Jason
Dear Jason,
Thank you for showing to the world that there are angels in human form. I appreciate you for your words of encouragement to this community.
Kindly let me know if anyone received A05 Category of EADS(approved Asylee) without approval letter and i94.I’ve made inquiries but no response.Someone I know was in that situation and applied for i-94 replacement and got it. What do you advise
I’ll appreciate your response.
Thank you
I am not sure I understand the question. If you win asylum at the asylum office, they should send you an a-5 EAD automatically. If you win in court, you have to contact USCIS for an Info Pass appointment (by calling 800-375-5283) and they should help with the EAD. If you did not receive it, you can apply for it using form I-765, but this should normally not be necessary (though I do know of cases where it was necessary). Take care, Jason
Thanks Jason,
I meant we were sent A-5 category EADS thru uscis but that was all we got. There was no approval letter.We tried to make inquiries but no response. Has anyone been in this type of mix-up before.
Try contacting the asylum office directly (email is usually best, or in person). You can find their contact info if you follow the link at right called Asylum Office Locator. Hopefully, this means that asylum is approved, but until you have the actual decision, you do not know. Hopefully, if you contact the asylum office, they can help. Take care, Jason
Well, after paying all that, let’s suppose if the USCIS keeps opposing the applicant and the applicant gets the relief from the court, even from the Board of appeal. Is it possible that an applicant can start a proceeding of Malicious prosecution type civil proceeding for the mental agony and wastage of time, as well as for the wastage of court’s time? I know this question is stupid, but there has to be a check and they should know if they drag someone unnecessarily, it can come back to them. Just wondering.
It won’t work, but it would be nice if they would refund the money in a case where the IJ’s decision was clear error or in other cases where they made the mistake. I won’t hold my breathe for that, but it would be the right thing to do. Take care, Jason
Hi Jason,
I was wondering if you have any new information (this month) about the Arlington Asylum office’s speed.
Supposedly, things will be moving faster, and we have had a few LIFO interviews recently, but it is still hard to tell what is happening. I do expect they will be working on some backlog cases, but we still do not know whether they will do those in the order received or in reverse order. Take care, Jason
Today’s the day. My interview is today at 12:30 PM in Bethpage, NY. Wish me luck 🙂
I wish you best of luck. God will go with you.
I hope it went well. Good luck with the decision, Jason
Wish you best of luck!!!!
Can an Asylum pending apply for HB2 NIW?
EB2? Yes – I wrote about that on August 28, 2018. You can apply, but depending on your status, you may need to leave the US to get your GC, or you may not be able to get it at all. Talk to a lawyer to be sure before you start the process. Take care, Jason
Hi Jason
I am GC holder based on approved asylum case. after I got my GC, I left the country for two years and came back with re_entry pass on 10/30/2106 and never left the US. when can I apply for citizenship? one of my friend told me you have to wait four years and one day from last entry to become eligible to send your application to USCIS.I read an instruction on USCIS website which explained if you were outside the country for more than one year, you will break your residency and you should wait at least 4 yeras and one day to be qualify for applying. do you think I have to wait until 11/01/2020 to send the application?
Thanks in advance
You should talk to a lawyer about this. It is possible that your absence broke the continuous presence requirement, and if so, the “clock” would start over from the day you returned. However, when you are eligible to apply for citizenship depends on different factors, and a lawyer could review all the facts and advise you. Take care, Jason
Does ICE have to pay fees when it appeals an IJ’s decision that gives relief to the immigrant? Not that ICE would have trouble finding the money, but if they don’t have to pay to appeal, it seems even more unfair.
They do not have to pay. On the bright side, they don’t appeal cases too often, so I guess there is that. Take care, Jason
Thank you, Jason, for sharing the latest news. Under the current administration, we can expect that everything will get only worse, more difficult, and, of course, much more expensive!
Hi,
My friend was attacked, beaten, kept hostage, n told he was going to be killed. The guys had Knives and long fork to kill. They tried but God was there n his escape. They took some things from him. He immediately told the police. It been causing mental problems for him for a wk. The police finally had them arrested, all charged n in jail.
A lawyer told him he can apply for U-visa base on the situation but have to check the details. Can an asylum applicant apply for this visa? I read it on the site. His case been pending with USCIS for over 3yrs. Can he apply for his family along with his for them to get visa to come with over while his case is pending? Will USCIS accept other applications like this when he have had interview for asylum and been waiting for result over 9months? Will he have to cancel the asylum applications when its at a stage where his waiting for decision from interview?
Honestly the situation in affecting him work, his mind, he says he sometimes feel that his about to be killed or he’s died. He just walk around endlessly at home, gets tire n try to sleep even at work.
The police told him as a victim to contact Victim org in the US to help him mentally. N a lawyer.
What do u think he can do? We contacted them and few saying he maybe qualified for the U-visa base on the happening. He have supported the police with all information to arrest the guys n they are in jail. 6person including 4 black males 2 white female.
We stay afraid not knowing what to do so not to ne out of status by closing the asylum case and applying for the U-Visa. What do u think? Should he find a different lawyer to file this U-visa instead of the one who working on his current asylum case or he can file by himself?
And base on how long his asylum case been pending, can he apply for green card sooner than the 3yrs wait period?
If u can call me or give me a #, best call on # [redacted] we can better talk about it so we can know what to do
Thanks.
Hi, this attack happen in the USA. 3wks ago and the attackers are all in jail according to tye police and he should go seek help for all the mental problems.
What is your advice Jason?
Thanks.
I removed the phone number from your post, as that should not be public. He may be eligible for a U visa. If he has a lawyer for the asylum case, he should talk to that lawyer. He may need a new lawyer for the U visa (many non-profits assist with U visas, so he might look for one of those, but he should coordinate with his current lawyer). He can pursue both the U visa and asylum. I have not done a U visa in a long time, and I do not remember what the story is about bringing family members to the US. I do think he should look into that, and the sooner he does so, the better, since he needs the cooperation of law enforcement, he should get started while they still have his case in mind. Take care, Jason
Did they increase green card and naturalization fees to ?
No, but I think there has been talk of that. As far as I remember, there is no proposal yet. Take care, Jason
Ugh phuckers Lol
How long does it usually takes regulate this kind of proposals ? Planning to apply for my family GC’s late june ( one year after approval).
I do not know when the new fees will go into effect, but I think the end of the comment period is at the end of this month, so it won’t be before then. Also, these fees are not for the GC, so they will not affect you (though maybe USCIS will raise its fees too, but there is no announcement yet, or at least I never saw that). Take care, Jason
The comment period for proposed USCIS fee increases closed on February 10. USCIS could publish the final rule at any time.
Usually there is about a 60 day period before fee increases actually go into effect.
https://cliniclegal.org/issues/fee-schedule-changes
do you mean that USCIS already ruled that out and it’s just matter of time to apply the Green card and Naturalization application fees ?
I think those fees are going up, but I do not know the date for that yet. Usually, they tell you in advance with a bit of lead time (otherwise, people would mail applications with the old fee and those would be rejected). Take care, Jason
To be clear, the comment period for the USCIS fees is closed (I forgot about that), but the comment period for the EOIR fees, discussed in the article above, is still open. Take care, Jason
Thanks for sharing.