The current pandemic is unprecedented in modern American history. Maybe the closest analog is the influenza epidemic at the end of World War I. My grandmother was hospitalized during that affair–in 1919, when she was just six years old–and I remember a story she told me about looking out the window and watching nurses walk up and down the alleyway with soldiers who had been blinded by mustard gas during the war.
Our society has changed a lot since those antediluvian days, but fear, uncertainty, and misinformation seem as pervasive today as in accounts of those earlier times. For me, I draw inspiration from my grandmother, Evelyn Weiss, who lived to be 92. I also feel inspired by my asylum-seeker clients, many of whom have lived through difficult, dangerous, and stressful times, and gone on to build meaningful and successful lives.
For most of us, I daresay, this is a confusing and frightening time. But for non-citizens living in the U.S., far from their support systems and possibly with limited English, I imagine the situation is even more challenging. This is particularly true for people with pending cases, whose status in the U.S. is not secure.
Here, I want to provide some resources for asylum seekers and other non-citizens who are navigating life in the age of coronavirus. One word of caution–the situation with regards to the virus and the government’s response is rapidly evolving. For that reason, rather than post much about what is happening now (information that likely will be stale in a few hours), I have focused below on providing links to government websites and other resources, which may be of use. So check those pages, as they should provide up-to-date information about the ongoing crisis.
Immigration Court Cases: As of late last night, all non-detained hearings have been canceled through April 10, 2020. When those cases will be rescheduled, we do not know.
If you have a case scheduled after April 10, 2020, you can check whether your hearing will go forward online or by calling 800-898-7180 and entering your Alien number on the phone keypad. You can also check whether particular courts are closed or partially closed, here. If you are still unsure, you can call the court directly and try to talk to a clerk (this is not always easy).
For detained cases or cases scheduled after April 10, 2020, you may be able to postpone your hearing, if necessary. To do that, you (or hopefully, your lawyer) would file a motion for a continuance. Normally, this is a burdensome and uncertain process, though presumably if the emergency persists, most Judges will be flexible about honoring such requests (though not all Judges are so cooperative).
If you are without an attorney and you need help with your case, there may be pro bono (free) assistance available. I wrote about that here.
If you are interested in learning about the dangers facing detained asylum seekers (most of who have no criminal issues), here is a good piece from NPR.
Asylum Office Cases: As of this writing, Asylum Offices will be closed to the public until at least April 1, 2020. For interviews scheduled before that time, applicants will receive a cancellation notice, and the case should be rescheduled once normal operations resume (in normal times, rescheduled cases are given the highest priority for a new interview date, but I have not seen an announcement about how rescheduled cases will be handled during the emergency). In addition, there will be no in-person decision pick-ups. Instead, all decisions will be mailed out (so make sure that if you move, you update your address). If you need to inquire about your case status, you can do so by email–you can find the appropriate email address here. For any communication with the Asylum Office, make sure to include your name and Alien number. If you plan to submit additional evidence for a case, it is probably best to wait until normal operations resume, but if you must submit evidence, do so by mail (you can find the mailing addresses for the various offices here, but be careful, as some offices have different mailing and physical addresses).
Aside from in-person appointments, USCIS is making an effort to continue normal operations, and so presumably, you can still file new asylum cases and receive receipts (but biometric appointments are not currently being scheduled). Also, if you are eligible to apply for a work permit based on a pending asylum case, you should be able to do so.
Once normal operations resume, note that the Asylum Offices have a liberal postponement policy, and you are urged to postpone your interview if you do not feel well or you believe you might have been exposed to coronavirus. At least for the time being, there is no penalty for postponing a scheduled asylum interview, and it will not stop the clock for purposes of work authorization.
Other USCIS Cases: All in-person appointments with USCIS are canceled until at least April 1, 2020. This includes interviews, biometric appointments, and naturalization oath ceremonies. However, USCIS is still operating, and so you can file new cases and receive receipts.
Once normal operations resume, you can cancel your appointment if that is necessary. For more information about canceling an appointment, see this link. USCIS states that there is no penalty for rescheduling, though we do not know the time frame for when cases might be rescheduled.
ICE Check-ins: For those required to check-in with ICE, the agency indicates that you should contact your local field office prior to your appointment. You can find that contact info here. It seems that different offices have different policies, and unless you can confirm in advance that reporting is not necessary, it is best to appear for any appointment. Hopefully, ICE will issue more useful guidance soon, as it is difficult to communicate with field offices, and they are endangering people (including their own workers) by failing to create a coherent plan.
Traveling Outside the United States: Advance Parole (“AP”) is a way for people with pending asylum cases to travel overseas and then return to the U.S. (I wrote about it here). Given the pandemic, you probably can’t get a flight out of the U.S. anyway, but if you can, it is probably a bad idea to travel with AP. Given the restrictions currently in place blocking people who have traveled through China, Iran, and the Schengen area, if you leave the U.S. with AP, you face the real possibility of being unable to return. If you are prevented from returning and your AP expires, there may be no way back to the country (except to apply for a new visa, and you know how hard that is).
For people who have asylum, you can get a Refugee Travel Document (“RTD”), which allows you to leave the U.S. and return. However, as I read the travel restrictions, I do not feel confident that people with an RTD will necessarily be able to return to the United States if they are coming from an affected area. There are exceptions to the travel restrictions–for U.S. citizens, lawful permanent residents, and several other categories of people–but there is no specific exception for asylees or refugees with an RTD. While it makes sense that such people can return to the United States, this Administration has taken a very hard line towards non-citizens, and without an explicit exception to the restriction, I think you have to be extremely cautious about leaving the country at this time, even with a valid RTD.
Healthcare: Healthcare for people without legal status in the U.S. has always been a challenge, but now the situation has become critical. If any one of us cannot get the health care we need, all of us are potentially affected. The fact is, there are resources available to everyone, even people who are not in lawful status or who have pending cases. If you need to find a health clinic, the National Association of Free and Charitable Clinics is a good place to start. On their website, you can find medical clinics based on your zip code. On a longer term basis, certain non-citizens–including asylum applicants–might be able to qualify for government-subsidized health insurance.
If you think you may have coronavirus, you can contact a government-funded health center. Such centers serve everyone, regardless of immigration status, and provide reduced-fee or free healthcare services. You can search here by zip code to find a health center near you.
If necessary, you can also go for help to the emergency room of your local hospital. From the National Immigration Law Center website–
Under federal law, hospitals with emergency rooms must screen and treat people who need emergency medical services regardless of whether they have insurance, how much money they have, or their immigration status. Similarly, anyone can seek primary and preventive health care at community health centers regardless of whether they are insured, their ability to pay, or their immigration status.
The NILC website has a list of additional resources for non-citizens in need of healthcare or assistance. Finally, the Center for Disease Control has advice about what to do if you are sick and about how to protect yourself from getting sick in the first place.
Unemployment Insurance and Other Assistance: If you are legally authorized to work and you lose your job, you may be eligible for unemployment insurance. Details about obtaining unemployment insurance vary by state, and you can learn more here. The federal government also provides helpful information about unemployment insurance.
In addition, some non-citizens may be eligible for other benefits, such as Supplemental Nutrition Assistance Program (SNAP, formerly known as the Food Stamp Program), nonemergency Medicaid, Supplemental Security Income (SSI), and Temporary Assistance for Needy Families (TANF). You can learn more about the legal requirements for such benefits here. To get help obtaining such aid, you might start by reaching out to a local non-profit that assists immigrants. Such organizations might be able to point you in the right direction.
Staying Safe: I am no health expert, but given that those in the know recommend “social distancing” as a way to check the epidemic, it seems to me that (after much dithering) USCIS and EOIR made the right call to postpone in-person appointments and non-detained cases (and hopefully, ICE will follow suit). For many people waiting for their cases, this is another blow, and will be very painful. Once the crisis abates, you can try to expedite your asylum office case, your USCIS case or your court case. Until then, stay safe and if you find any toilet paper, send it my way!
Now the bill had been approved and is become the final law. What would you say the paycheck for my case please?
It is still unclear to me where different groups, such as people with pending asylum cases, stand in terms of the stimulus payment. People with a GC should be eligible. People with no lawful status and no EAD will not be eligible. I will try to post about this subject when I know more. Take care, Jason
So i guess if I only have asylum pending now … aand haven’t yet received my EAD…won’t bee eligible… 🙁
I wrote something about this earlier today, but in that situation, I would think that you are not eligible for the payment. Take care, Jason
Hi Jason, may I ask you a question please? I’m an asylee and applied GC in October 2019. Today I checked my case status online and it still shows fingerprint had been taken. I think USCIS is still working on Form I-485 reviews since it doesn’t need in person interviews, right? How long do you think I would get my GC if I may ask? I live in the Bay Area btw. Another question, since the news says the virus pay check excludes nonresident aliens, do you think I’d be excluded as well? Thank you!
We have seen GC cases like yours take anywhere from 6 months to 2 years. Most cases seem to take maybe 12 to 14 months, but things will likely be slower now due to the pandemic. As for any payment, we do not yest know, as there is not a final law yet. Once we have that, we will know better who is eligible for the payment. Take care, Jason
Thank Jason for this article. Do you think we will receive any benefit from the $2 trillion relief package? I heard that package is for ‘American Citizens’, but how are they going to figure out who is citizen and who is not?
Good question – I do not know, and I do not know exactly what the bill says. Do they intend not to help LPRs? Asylees? Hopefully, it will benefit everyone here, as leaving some people behind will be harmful to everyone. Take care, Jason
I think they are sending it on the basis of Tax Returns filed last year and this year. That way they are identifying only the social security numbers. If we have a US National kid mentioned on our Tax Return, it will help as it helps to get benefits from FEMA disaster relief funds.
It specifically excludes ITIN filers.
2.It says non resident aliens are excluded, so I guess pending asylum may be excluded too.
We shall see.
Hi, Jason, do you know if they are processing ead cases as LIFO too? Reason I’m asking is that I’m tracking my EAD renewal on http://www.trackitt.com, and more new cases are being approved rather than cases filled in August-November 2019. A couple of people even wrote that they received their ead renewals when they filled in January 2020, what’s going on?
If anyone here filled ead renewal in Nebraska, please share your timeline, my ead will expire in 2 days and no notice from USCIS yet(((
I do not think so, but EADs do seem to be approved in unpredictable time frames, and it is common to see someone who filed recently get the new EAD before someone who filed longer ago. I do not know why this is, and it may not be as common as I think (I can just go by my own clients’ examples), but generally, if you have the EAD receipt, you should be fine and you should receive the new card, hopefully soon. Take care, Jason
Hi Irina,
I got case update for my renewal of EAD ‘Card Was Mailed To Me’ today ,apply date December 3,2019 Nebraska.
Hi Jason, I have question about traveling on expired EAD, should I be careful for that and not travel domestically while I have expired EAD or can I travel with my State ID without any problem?
I wanted to renew but can’t meet the lawyer until few weeks and I need to travel to another for some work to be done,
I Will wait to hear it back from you.
Thanks.
You can travel domestically with a state ID – that should be fine. You should also have some proof of your immigration status, if asked, like the asylum receipt or immigration court notice, and the expired EAD (and hopefully soon, a receipt to renew the old EAD). Take care, Jason
Hi Jason,
My individual court date was postponed and there is no indication it will be held in the near future. I want to continue my education. Can i enrol a university for getting master’s degree? Is my visa status allow that? (I came to the USA with tourist visa 2 years ago.)
Most universities will allow you to enroll if you have a work permit. If you do not have a work permit, that is going to be more difficult. I think most accredited schools will not accept you (but some may). In either case, you would have to contact the particular school to learn more. Take care, Jason
I have valid EAD. When you say “I think most accredited schools will not accept you (but some may).” is it valid in case of if i don’t have valid EAD?
Maybe I made an error – most colleges and universities will allow someone to enroll with a valid EAD. Some schools may not. Also, some schools may accept you even if you do not have an EAD. You have to check with the specific school. Take care, Jason
So when I was interviewing companies, usually after I tell their immigration team during introductory call that I am on C8 EAD. Then they won’t proceed with my job application……but my friends who are on F1/OPT or on H1B are at least going to next round. Are the companies discriminating ? are we asylum seekers can’t find corporate or professional jobs ? People who are on C8 EAD and who are working for corporate jobs, please share your experience……I always believe my C8 EAD is only inferior to green card and us citizenship because it’s unrestrictive. But it does seem to me that corporate America favors H1B or F1/OPTs compared to C8 EADs.
Exactly the same situation am facing but I cleared the interview process they released the offer too , and then when they ask me to submit my EAD after that they won’t come back . I am struggling past 10 months like this . I got approved last year ,even for me they’re not considering .
Wow! That’s sad. I hope I do not loose my job at some poin, because then, I may not be able to find another one.
How did you get your current job using a C8/A5 ?
wait…really, not even A5 ? Now I am panicking, because I badly need money for my medical procedures…………Is it really legal for them to do so, Does corporate America really have that anti-asylum sentiment, Jason, would you like to weigh in ? 😔
I have heard about some employees needing to educate employers about a5 status, but I have not heard about people being refused jobs because the employer does not like the status. a5 indicates that the person has permanent status. Some jobs require US citizenship, but other than that, I do not see why someone with an a5 EAD should have a problem. As to the legality of it, I do not know. That would be a question for a lawyer who specializes in employment law (or immigration employment law). I would like to write a post about this one day, so I can learn more about it myself. Take care, Jason
Thanks Jason 🙂 . I personally feel that A5 is much safer status tbh…safer than H1B in my opinion. Though I can easily see why corporates don’t like C8s…they may think that we are not as stable and there is a risk we lose our asylum case…any suggestion to C8s ?
C8 is more difficult, as you cannot say that you have a permanent status. You can say that, even in the worst case, it would be years before you have to leave (asylum office – court – BIA), and so the employer is not at great risk of losing you if they invest in you. Explaining all this to an employer is not easy, though, and I do see how a c8 EAD can present more challenges than a permanent status. Take care, Jason
Hi Jason,
I just re-read ur answer and want to…just clarify one aspect…do I really have to … educate ? lawyers ? I am not sure how familiar you are with BAL or Fragomen…seems most big techs use them…so…for me it’s not even safe to assume lawyers from them will know about C8/A5 ? (They are usually touted as experts of immigration matters, which is why big techs use them ? … ) … because for me, challenging company’s authorized law firm is like challenging my manager… Tho I deeply understand that the law firm’s clients are the company…not me…they will only act on behalf of the interest of the company, which may include advising damaging comment about my work authorization…
I was not really referring to educating the immigration lawyers, who presumably are familiar with work permits. I was thinking of the employers, who often do not understand immigration matters (though usually big companies that hire immigrants should be pretty well versed in this). My thinking is that if the firm wants to hire you, and you have a valid EAD, they should be able to do so, unless there is a security clearance issue. And if the company wants to hire you, it is their lawyers job to find a way for them to do that legally. Take care, Jason
I feel that if they revoke your offer because of the type of your EAD or immigration status…isn’t that …illegal ?
That should not be. I had only 8 months of validity on my c8 EAD when I got the bank job. I almost had a heart attack 6 months into expiration because I received an email every other day from the bank, reminding me. When I received the receipt, the bank allowed me to work with the 180 extension until my new ead was approved.
Now I am concerned, because my current ead expires early next year..
You can apply 180 days before the old EAD expires, and that is what I recommend, given how slow USCIS is moving. Take care, Jason
Asylum seeker,
I work for one of the big banks( not in a customer facing role), and had other not so good jobs, prior.
My c8 has never been an issue though.
I am wondering if your experience will suddenly become our new reality.
From what I know, it is technically illegal for them to do that particularly if you r given an offer or already in the job. That’s why most employers do introductory calls to weed out the unfit ones……
What do you mean by unfit?
being an asylum seeker. I feel corporate America likes people who don’t need sponsorship (us citizen, green card) and/or people they can control (H1B, F1/CPT/OPT). It’s very evil of them.
Why do they ask for immigration status even before an interview? Do you mind sharing what type of companies you are dealing with?
They want to make sure they are not sanctioned by USCIS. I am interviewing tech companies for software engineer. They like H1B or OPT slaves.
Hello, What they are doing is illegal. Please see the details available in the below link when the Department of Justice filed a lawsuit against a recruiter who reported to be practicing illegally and discriminating on the basis of immigration status while hiring.
https://www.justice.gov/opa/pr/justice-department-files-lawsuit-alleging-transperfect-staffing-solutions-discriminated
Please contact the below department if you or anyone else face any difficulty and face hardship and discrimination because of their EAD issued while they are pending Asylum applicants or Asylum holders.
Thanks
U.S. Department of Justice, Civil Rights Division
Immigrant and Employee Rights Section
Phone: (202) 353-0305
Fax: (202) 616-5509
IER’s worker hotline: 1-800-255-7688
IER’s employer hotline: 1-800-255-8155
Thank you very much. Those are much needed. Tho I am a little pessimistic how enforceable they are in practice… 🙁 But thanks for putting those information together !!!
It is enforceable. There is a whole department and team of attorneys in the department of justice to enforce the law. They need complaints or information that is valid. At least if you suspect that you are being discriminated because of your EAD you can tell the hiring manager that you know how to proceed as they are doing something which is illegal according to law, they may try to cover their self and blame your experience and/or education for not hiring you, but if you are confirming and have some circumstantial evidence that you are being discriminated, you can and must convey this to a hiring manager when they inform you about their inability to hire you. Some of the HR managers do not know the law, you should tell them that they are not free to do anything according to their assumptions. Check the link above submitted. They worked very hard to find out the case of discrimination and went to litigation against the hiring company.
I don’t believe so I have the same EAD as you and I can tell you it has not hindered me getting a job in the IT field, some employers do not know much about the categories really just say EAD and say its unrestricted that’s all I hope that helps
Hi,
I totally understand your frustration with job interviews. I applied for network engineer jobs and most of them require security clearance. Companies and recruiters invite me for interview and frist question they ask me if i have permanent residence or citizenship. I tell me i have unrestricted work authorization. As a result , they turn me down or even do not continue the interview.
Fortunately, me and my advisor wrote research proposal . I got the funding and my advisor hired me for two years.
I wonder about how the companies or recruiters discriminate employee based on the immigration statues.
If we have work permit, they should allow us to work .
Best regards
This is really strange. l
I have never been asked about my immigration status during a job interview. I hope it will not become the new reality.
May I ask, like do you have a relatively American name ? I am Asian, and in IT industry there are a lot of guest workers who work on H1B visas. I for one don’t like H1Bs. The big tech abuses this program for cheap labor and hurt Americans. So yeah, when they see that I am not a us citizen/green card and I am not H1B/OPT who they can control. I have a typical Asian name so introductory call will always include my immigration situation. They are not allowed to ask what my immigration status is. So they will ask, whether I need sponsorship or what “work status” I have
This is a good question – There are laws against discrimination based on national origin. My understanding is that such laws vary by state, at least to a degree. However, I am not sure about discrimination based on the type of EAD you have. I may try to do a blog post about this at some point, but there are lawyers who specialize in employment law, and that would be the type of person you would need to talk to. Maybe someone else here has ideas about this. Take care, Jason
Hi Jason,
I had my interview on Monday March 16th just USCIS closed all asylum offices. Do you think USCIS officers will still be working on the cases that were interviewed before the shutdown and hopefully making inroads into the backlog ?
Thanks
I think they are still working, though there are no in-person interviews, so maybe you will get a decision. We received one decision on Friday, that was mailed a few days earlier (an approval – it was nice to get a piece of good news), but I guess that was before USCIS closed. Hopefully, you will get a positive decision soon. Good luck, Jason
Dear Jason,
Do you think that there would be a miracle happen that all the pending and awaited interview cases are approved without interview?
Thanks.
😀😀😀 I have a dreammmmmmmm
Infact, because of the endless wait, I want to go back to my country now, but most countries have travel restrictions because of CoronaVirus.
I will be contacting the US government for suggestions😂😂😂, because if I cannot leave in the next week, I need to know that I can stay here permanently😂😂😂..
This is a good plan. Hopefully, they accept your offer. Take care, Jason
I will never go back to my home country …
It was a joke, asylum seeker.
Lolz… Tina, it will work, they will do anything to keep you here, maybe a citizenship oath immediately… 🙂
😂
😉😉😉 I am on the opposite side, excuse my pessimistic view☺☺☺
I would be ok with that. In life, one never knows. Take care, Jason
Hi Jason!
Do you think my 2020 September hearing will be affected by the coronavirus? I really hope not…I pray that the world is shifting back to normal by then.
Stay safe everyone.
I hope things will be operating by then, but I am kind-of a pessimist, so I have my doubts. Anyway, I don’t have any inside knowledge about how EOIR intends to deal with cases if this drags on for a long time (as seems likely). Sadly, I have little confidence in the leadership at EOIR at this time, but maybe they will surprise me and come up with some ideas to start hearing cases remotely and safely. Take care, Jason
Hi Jason,
I really appreciate your support
I had my individual court march17th but my judge did not come because of corona virus and they did not give us any new appointment. do you have any idea when our new appointment should be since we waited for that day many years and then it canceled
thank you so much !
I want to mention My judge in the MCH (sep2019) gave me expedient date after my lawyer asked her
any hope from that ??
Yes – you can try that again if you need to. Take care, Jason
This is a great difficulty – we had one case postponed where I expected we would lose and another postponed where we had a good chance to win. There is no way to know when cases will be rescheduled, as we do not know when the courts will reopen. When they do, you should get a new date, but if it is far away, you can ask the judge for a sooner date – I wrote about that on April 20, 2017. Take care, Jason
Dear Jason do you think the end of times is upon us ?
No, but sometimes, I think that would be easier than what we are facing. History is full of troubles and we just have to do our best to pass through this time, and look to our ancestors (like my grandmother, who I mention above) for examples of how they got through. It ain’t easy, though. Take care, Jason
Hello Jason. As always, thank you for all your help to the asylum community.
If you have time would you please share your thoughts on this:
I applied I730 petition for my husband.
Meanwhile his separate case was in removal proceedings with Immigration Court and at the last Master Hearing the Judge gave him more time to wait and see if the relative petition would be approved.
It was approved and he got asylum.
After that we separated, it’s a long story, but he missed his hearing in the Immigration Court because he didn’t change his address with USCIS and the Judge ordered his Removal.
Is there maybe any way to appeal because he actually has his asylum status? The lawyer he talked to told him that’s it, he will be removed?..
I know it’s a mess but I am just trying to help my ex-husband. He’s not good with legal stuff.
Thank you in advance!
He should talk to a different lawyer. It may be possible to file a motion to reopen the court case and try to get his status. Even though courts are currently closed, he should do this as soon as possible, as it is more difficult the longer he waits. Take care, Jason
Dear Jason,
The i730 petition processing time at TSC is getting crazy! It looks like sliding back dated. Right now it’s between 33 – 42.5 months and the receipt date refers back to September 15 2016. The one in Nebraska seems normal. What is wrong? Eight months ago it was 11-15 months and working on cases of 2018. Do you have any say on this?
Thanks
I don’t know what, other than that USCIS is probably in no hurry to allow anyone to come here. But that is slower than any time frame we have experienced. Processing times usually seem to take a year or a year and a half, but maybe it has slowed down. If that is accurate, it is really a disgrace that after waiting so long for their cases, people have to wait another 3 years to be reunited with their family members. Take care, Jason
Jason,
I hope all is well with you and everyone is staying safe.
I think that Congress should pass laws that protect applicants for immigration benefits, such as PR and citizenship, from USCIS’ “whims”. For example, Congress could say that if an applicant has lawful status (that is, USCIS is aware that you are here and authorizes your stay here, pending a decision on your application), his application for PR should be adjudicated within 2 years (I say 2 years because this is a reasonable amount of time to adjudicate most cases for immigration benefits). If no decision is made on the application (assuming that the delay is not the applicant’s fault, or the government agency is operating normally), the applicant, if the application is ultimately approved, should start accumulating time on the status the applicant is applying for. For instance, if an asylee (asylum granted) applies for adjustment of status and has been waiting for two years, the applicant should, if the application is ultimately approved in 2 years and 9 months, for example, get 9 months counted towards the waiting time before he can apply for citizenship. Thus, instead of waiting 3 years and 9 months before he can apply for citizenship, he would wait 3 years. The same goes for asylum applicants (have not yet granted asylum). If the applicant applies for asylum and waits for more that 2 years, the applicant should get time after the 2-year threshold, counted towards the time spent as an asylee. It would be a little more tricky for asylum applicants as the statute expressly says that an asylee must live in the U.S. as an asylee for 1 year before s/he can apply for adjustment of status (INA 209 (b)). However, a clause in the same statute could be made to override this clause, if certain parameters are met. This may force USCIS to process these applications in a timely and fair fashion.
I wouldn’t hold my breath for any positive changes, but it is a good idea, and there is a precedent of sorts. When a person files an I-130 petition, the “priority date” is the date of filing, not the date of approval. Wouldn’t it be nice it there was a similar system for the I-485? Take care, Jason
Dear Jason,
Thank you so much for all you have done for asylum seekers community.
My spouse is an asylee and submitted I-730 for me as a beneficiary and I am currently in the US. The I-730 was received by my local asylum office about five months ago. As beneficiary, I was expecting to receive a letter from the office regarding to the interview. However, the uscis office have sent a letter that needs my spouse ( an asylee) to be interviewed and should take with him ( ALL immigration documents and ALL passports [current & expired], all employments authorization cards, travel permits, and photoID). My question is, do you think I ( beneficiary) should be interviewed first instead of my spouse (Asylee) or nowadays both asylee and beneficiary have to be interviewed respectively? I was thinking only the beneficiary will have a short interview and fingerprint with biometrics.
Thanks in advance for any kind of responses.
ASYLEE,
Which service center you applied the i730 ? Did you try expedite request or in a normal process?
Thanks,
GEREMEW,
TSC and yes with expedite
Scary in my opinion.
I do not know why they would need to interview only your spouse (the principal asylee, if I understand correctly). It may be that they want to confirm the relationship, and so for that reason they want to interview your spouse, but normally, they should just give you biometrics and short interview, as you suggest. My guess is that it is nothing to worry about, but if there is a problem at the interview, your spouse can always stop it, and ask to talk to a lawyer (or bring a lawyer to the interview to assist). Anyway, no interviews are being scheduled at the moment due to the coronavirus, so you might have to wait a while until they resume. Take care, Jason
Hello Jason,
Hope your doing good. Quick question. When uscis decides to reject an application because of an incomplete case or an error, do they inform you of the decision before assigning a case number, or have you seen cases pending for months just to be rejected because if an error? It’s been 12 months that I’ve been waiting to for green card application to move forward but still haven’t received any update.
Thanks,
Rejections are usually pretty quick (a few weeks) and so if you are waiting that long without a receipt, something is clearly wrong. Your best bet may be to call USCIS at 800-375-5283 and try to determine if a case was ever filed. Also, for the GC, if you paid the fee and used a check, you can get a copy of the check from your bank and your receipt number should appear on the back – you can then use that to get some info about your case status at http://www.uscis.gov. If you have the receipt, it probably just means that the case is moving slowly, but GC cases can take a while (you can check processing times at http://www.uscis.gov). You can also call if the delay is outside the normal processing time. Take care, Jason
Hi Jason,
I thought you might be interested in the following class action lawsuit against USCIS for long delays for people from middle east.
https://www.aclusocal.org/en/wagafe-v-trump-notice-potential-class-members
Apparently USCIS has a secret procedure that mostly targets middle easterners. The lawsuit does not include Asylum seekers at the moment. I thought you might have clients that could benefit from contacting the ACLU and trying to join the suit and get class certification for asylum seekers as well.
Thank you
I heard that people from middle east are now waiting even longer that they used to. I know men from travel ban countries that have waited for a year and a half after interview and there are still no decisions. In fact none of the cases that I am aware of have received a decision (wait time after interview ranging from 8 months to 1.5 year). I wonder if this is the reason for that. Jason have you had any recent experience with men from travel ban countries?
We have cases pending for men from travel ban countries. I have not really noticed that things are any worse now in terms of wait times for decisions than before. We have always seen long delays for some men from majority Muslim countries (not just travel ban countries). I can’t think of any very recent experience with travel ban countries. I think we had a Syrian case that was referred to court, but that is the only one I can think of. We had a man from Lebanon receive asylum last week (Lebanon is in the Middle East but if not subject to the travel ban). Take care, Jason
I heard about that suit, and the fact that people from the Middle East were targeted this way is not at all surprising. Thank you for sending the link to this, as it may benefit many people, if it is successful. Take care, Jason
Dear Jasón do you think that because of this monster virus now green card applications will be delayed or returned because they will ask people to be vaccinated when the vaccine comes out . What do u think ? I’m taking about the medical stuff
I suppose that is possible, but I have not heard anything about that yet (I guess first, we need a vaccine). It is something to pay attention to, and you can bet that the Trump Administration will use the virus to target non-citizens, as non-citizens are their favorite scapegoats. Take care, Jason
Hi Jason
Can the unemployment benefit be considered as a public assistance which stands like a bar in future adjustment of status?
Would applying for unemployment as a PR be held against me when I naturalize?
Permanent residents are not subject to the public charge rule, so there should be no effect (and I do not know whether unemployment is considered a factor in the public charge analysis, so it may not matter anyway). Take care, Jason
For asylees, there is no public charge rule, so there is no issue. For other immigrants, I think the answer is “no”, but I am not sure and you might want to have a lawyer check that for you, or maybe do some more research to see if any non-profit has published anything about that. I have not see anything on point, and if I do, I will try to post something about that. Take care, Jason
Hey Jason, It looks like Obundsman’s office is kind of serious in what they do. Despite the Coronavirus, they keep working. Here below the message they sent me. Do you think that my case was sent to the Headquarters? It has been almost 4 years since I was interviewed
CIS Ombudsman Service
11:12 AM (9 hours ago)
to me
Dear Sir or Madam,
Thank you for your request for case assistance. On March 19, 2020, the Ombudsman’s Office followed up with U.S. Citizenship and Immigration Services (USCIS) regarding your pending application or petition. The Ombudsman’s Office will continue to coordinate with USCIS Headquarters to resolve your case.
Please be advised that USCIS has 75 days to respond to our inquiry. Any available updates will be forwarded to you. Cases that do not receive an update will continue to be brought to USCIS for resolution every 90 days.
In the event that you receive new information or experience changed circumstances, please notify us by email at cisombudsman@hq.dhs.gov. Please reference “New/Urgent Request Number ******* in the subject line, and describe in detail your situation.
Thank you for your patience as we work with USCIS to resolve your inquiry.
They used to be a decent office, and then for a while, seemed to become fairly useless. They got a new director maybe a year or so ago, and my sense is that they are more serious about their mission to assist people with pending cases. I hope they help you, though the pandemic may cause additional delays. However, from what I understand, USCIS employees are working (at least that was the last I heard), but not seeing applicants for interviews. Take care, Jason
Do you think my application is at the Headquarters according this message?
I cannot tell, but I wrote a post on October 20, 2015 that lists categories of people who are typically referred to headquarters. Maybe that would be helpful. Take care, Jason
Hi Jason,
I have a pending asylum case at Chicago Office which I had interviewed for more than 1 year ago. 2 months ago I got married and a few days ago I sent a revised application along with proofs of marriage. (My spouse is on visa and eligible to apply for asylum by herself so I added her to my case)
I have 3 questions about that:
1) Am I supposed to get a new receipt for my spouse? If not how can I get A# for her?
2) Will the office schedule another interview regarding this change?
3) Would marriage and adding spouse impact the case negatively?
I know this question doesn`t have anything to do with Coronavirus. But let`s assume everything went back to normal in 2 months. (just being optimistic)
1 – If I remember, there is no receipt, but she should get a fingerprint notice. The process of adding a spouse can be difficult, and so you might need to contact the asylum office (in some cases, many times) in order to follow up. 2 – I am not sure, as I have never added a spouse after the interview was complete. I imagine they should at least schedule an interview to ask the “bar” questions that they ask everyone (Are you a criminal? Are you a terrorist? etc.). 3 – I suppose it is possible it will cause some delay, but who knows? Maybe it will cause them to look at the case, which maybe would be a good thing. I hope you are right about 2 months, but I am not that much of an optimist. We shall see. Take care, Jason
Update:
Just like you said I had to call 5 times and send 2 faxes in order to get my wife added to my case.
The next question is can I apply for work permit for my wife without the biometrics as USCIS is not taking fingerprint nowadays?
If you have your EAD or are eligible, she can apply now. Maybe by the time they process her case, things will be open for biometrics (and if she already had a biometric appointment in association with the asylum case, maybe they can use those). If not, I am not sure how they will process her case, but my guess is that it would be delayed until they are able to do the biomtrics. Take care, Jason
Hi Jason:
I hope everyone is safe and I wish everyone remain safe from this virus.
Dear Jason, I have a question, which might not be related to the post but it will really help one of my family members.
Is engagement visa processing is fast or married for a US citizen ? For instance, the person A is a US citizen and wanna apply for B ( who’s in other country, Afghanistan).
To recap, fiancée visa faster or marriage visa ?
It is not certain, but in general, the fiance process should be faster in terms of getting the person to the US. Once they are here, they can get married and apply for a GC. The marriage case is faster to get the GC (they get it basically once they arrive here), but overall, it probably takes longer to get here. You might talk to a lawyer about what is best for the person in question. One thing I have not checked – when does the immigrant need to complete the documents related public charge. This is a burdensome form, and if the person can come here before completing it (using a fiance visa), maybe that would be better. Take care, Jason
Hello Jason,
Hope everything is good with you. Quick question, I want to apply for a travel document, do you think the current situation with the coronavirus will cause significant delays when it comes to get fingerprinted at the uscis offices?
Regards,
They are currently not giving fingerprint appointments, and we do not know when that will resume. I guess you can apply for the travel document – depending on the case, they do not always need fingerprints, so maybe that is you. If they do need fingerprints, there will be a delay, but for how long, no one can say. Take care, Jason
hello every one and i hope every one will be safe
First i would like to ask every one please dont apply for benefit if you no need or you dont effect
lets be a good asylum seeker and keep it for people who really need it and pray for this country to become healthy and safe
second
i have asylum case pending on Chicago office since December 2015
i did my interview after request be on short list on Feb 2019
since then i called my congrees man 3 times and senator 3 times and went there 3 times in person to ask for decision …
on February this year i did writ of mandamus because i really worry about my case and it start to hurt my thinking and mind
so i got email from my seantor last Friday that :
U.S. Citizenship and Immigration Services (USCIS) records indicate that your constituent’s cases have been reviewed and are actively being processed at this time. We anticipate issuing a final decision within the next 60 days. Please reach out to our office again if your constituents have not received a decision within this timeframe.
and then my lawyer told me my Court hearing for the mandamus on May the 6
do you think this situation will effect this day
or the asylum office will issue the decision before because no interviews now ?
Thank you and be safe every one
The asylum office is not doing in-person interviews now, so maybe they will have time to complete pending cases like yours. Normally, rather than fight a mandamus, they just issue a decision, so that may happen for you too. As for the court date, most courts are now closed for hearings, so I do not know whether that will go forward or not. In any event, the Senator indicated that a decision is coming soon, so hopefully, that is the case. Good luck, Jason
Hi Muhamed,
Can you tell us how much did you pay for filing mandamus lawsuit? I have been waiting for more than 2 years and I am seriously considering this option.
it cost like 2000$
But its depends the lawyer
There is some charge like 5000
And some 8000
Hi Jason
From your experience, in case federal government agrees to pay some money like $1000 to every American, does it also gonna reach to people with pending asylum applicant with ead and filling taxes or only to citizens ?
Just from your experience.
Thanks
It depends on the language of the law they pass. I am not sure how they will know who is a US citizen and who is not, for purposes of issuing any payments. For the most part, non-citizens with legal status are eligible to collect unemployment insurance, so they may be eligible for any payment as well. Again, though, it depends on how Congress and the President create the law and what it says. Take care, Jason
Hi Jason,
Thanks so much this information. I am suspecting I might be laid off from my job if things don’t get better and I was wondering if asylee’s would qualify for unemployment. Looks like they do and I am glad I meet the minimum 680 hours to do so. I filed my taxes back in February and setup a monthly plan with the IRS to pay off the rest, I hope with the 90 day delay they don’t deduct from my checking account as originally scheduled. I rather have that money on hand for emergencies. Between the virus, rent, daily living expenses, its rough right now. Sending out hope, love and peace to all.
It is a lot to deal with. Hopefully, you can at least get unemployment insurance if you need it. Take care, Jason
Jason,
Do you think asylees are also entitled for covid19 stimulus pay check ?
Thanks,
Geremew
I don’t know. We know how this Administration loves asylees, but I would guess it depends how the money is distributed. Maybe it will go to all tax payers? We will have to see how it looks once (if) it is passed into law. Take care, Jason
Hi Jason,my individual hearing is set for November 2021,do you think it will be rescheduled due to the courts closure during this period?,I’m feeling really anxious
There is no way to know, but I certainly hope not. Most experts seem to think that a vaccine should be available in a year or maybe a year and a half, and so hopefully by then, things will be operating again. Take care, Jason
Thank you for all you do, Jason.
Corona Virus for asylum seekers is like salt to injury.
On the other hand, asylum seekers are used to having problems, so maybe they are more prepared to handle this crisis than the rest of us. Take care, Jason
Toilet paper 😊
Hii Jason,
Once again. Thanks.
Are pending asylum applicants with valid EAD eligible for unemployment benefit. most states are asking people that have lost their jobs due to COVID-19 to file for unemployment and that can get assistance.
are asylum pending eligible for this?
It may vary by state, but my understanding is that you should be eligible for unemployment insurance the same as anyone else. Check the state info and hopefully that will help. Take care, Jason
Dear Jason, Thanks for a very thoughtful and detailed message to assist those of us with our family members/friends detained by ICE. My family member is confused bewildered concerned sitting in a county jail having to deal with another obstacle in life. Can those detained who have their upcoming hearings delayed beyond 6 month file a successful habeas corpus motion? We’re concerned fed courts are now systemically delaying responses having to wait longer for ICE to respond.
I have not done that myself, but I think you can try. I have not heard about federal courts moving slowly on such cases. Talk to a lawyer about the best way to proceed. Detained people who are not a danger to the community and not a flight risk should be released. That is safer for them and for everyone. Take care, Jason
Thank you very much, Jason, for your thoughtfulness and care about the most vulnerable part of the population. We have to live in a difficult time; however, we shall try to do our best in order to SURVIVE. I wish you, your family and your dear and close people good health and prosperity!
Thank you – you as well. Take care, Jason
FYI – the 800# and portal are not accurate as of now. Seems some may not be updated until a Notice of Hearing is issued…
https://twitter.com/DOJ_EOIR/status/1240123777276665860
Thank you. I think we will pass through a period of chaos (more chaos than normal, I should say), and this may be part of it. I do feel confident that no cases will go forward during the closed period, but it would be comforting if that were reflected on the portal and the 800-number. Take care, Jason
Thanks for sharing, Jason.
Thanks for this Jason. Do you think, since they are not interviewing and not accepting people in their offices, during this period, they will try to finish off the pending decision cases?
That would make a lot of sense (which makes me think they will not do it). We shall see. I have not heard anything about whether all their workers are still coming in and/or working from home. If I have more info about this, I will try to post it. Take care, Jason
Jason, thank you so much for this helpful post – really appreciate it. If my client has a hearing on April 13 at 9am, do you think we should operate as if that’s going forward (with all applicable filing deadlines prior to the hearing)? Our court is now closed, so hard to imagine a motion to continue would be granted with enough time to make a difference. Thanks again!
We are operating that way for our cases. I highly doubt things will open up that soon, but just to be safe, we are submitting evidence for cases that are still on the docket. Take care, Jason