When the President issues an executive order, he first enlists experts to review the data and determine the exact nature of the problem. He then commissions a study to examine possible solutions and look at the pros and cons of each option. He carefully considers the law and takes into account dissenting points of view. His staff then crafts an order to achieve the desired ends, while avoiding as many negative externalities as possible.
I’m joking of course.
In the case of the new Executive Order, President Trump issued a late-night Tweet. Then, his staff, caught by surprise, scrambled to implement their boss’s vision and voila! An Executive Order was born.
The new EO, issued yesterday evening, is based not on the Trumpian trope that immigrants bring disease. Rather, the order is justified based on the current economic crisis. Indeed, the title of the EO is Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak. This was probably a wise move, as we are now the epicenter of the pandemic, and so it would be difficult to justify keeping people out of our country due to health concerns. The economic justification, on the other hand, will be easier to defend (recall that under the Administrative Procedures Act, courts can block a regulation that is “arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with the law”). While there is ample evidence that immigrants start more businesses than native born Americans and that 51% of start-ups worth $1 billion or more were founded by foreign-born entrepreneurs, there is some (less convincing) evidence that immigration depresses wages for certain groups, such as blue collar workers. But given the low threshold of the Administrative Procedures Act, this is probably enough of a justification for the EO to pass muster, particularly in the Supreme Court, which has been very deferential to the President’s authority vis-a-vis immigration.
So let’s talk about what the EO does and–more importantly–what it does not do.
First, who is blocked from obtaining a Green Card? As far as I can tell, the only people blocked from obtaining a Green Card are those who are currently overseas and who currently do not have a U.S. visa or other travel document. Essentially, this means that U.S. Embassies will stop issuing new travel documents for immigrants to come to the United States. For immigrants who already have their visa or travel document, they can still come to the U.S. Also, spouses and unmarried, under-21 year old children of U.S. citizens are excepted from the ban and can still immigrate to the United States. Other relatives, such as parents, siblings, and older children of citizens are blocked. Also blocked are family members of Green Card holders and most people seeking residency through employment. However, the ban does not apply to medical professionals and their immediate family members, EB-5 investors, adoptees, spouses and children of members of the military, aliens entering on a Special Immigrant Visa, and aliens whose admission is in the national interest or who are assisting a law enforcement investigation. In short, this is a fairly narrowly-tailored suspension of immigration, though for those people who are blocked, it will be difficult.
Second, how long does the “suspension” last? The EO indicates that it will remain in effect for 60 days. After that, depending on economic conditions, it could be extended.
Third, it is important to understand who is not affected by the EO. People seeking non-immigrant visas are not affected. Permanent residents (i.e., people who already have a Green Card) are not affected, whether they are currently in the U.S. or overseas. No one who is currently inside the United States is affected by the EO. This includes permanent residents, asylum seekers, asylees, refugees, and people applying for immigration benefits (inside the U.S.), such as a Green Card or asylum (one exception here might be people who wish to leave the U.S. and return using a provisional waiver). Also, the EO has no effect on Employment Authorization Documents (“EAD”) or on the right to seek humanitarian protection. Indeed, the EO specifically states–
Nothing in this proclamation shall be construed to limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws of the United States.
Fourth, there are still parts of the EO that are not clear. One important question is whether I-730 beneficiaries are subject to the ban. Based on the above language, my sense is that they will not be affected, but I am not sure. Also, I am not sure about K-1 fiances, but since the K-1 is technically a non-immigrant visa, I expect that fiance-beneficiaries will not be affected. Finally, the biggest question is whether the ban will end in 60 days, or whether it will be extended if–as seems likely–the economic crisis persists. A 60-day suspension of immigrant visas will be manageable for most effected people. However, if the ban is extended, the harm to families and business will increase significantly.
Given that embassies are already mostly closed, numerous travel restrictions are already in place, and many flights are canceled, I’d venture that the new EO will have very little real-world impact. What then is the point?
On its face, the EO is meant to protect American workers from foreign-born competitors, but given all the exceptions to the ban, I doubt the order will result in a significant drop in immigration (beyond what we’ve already seen as a result of the world-wide shutdown). Thus, even if you buy into the proposition that immigrant labor has a negative impact on the job prospects for U.S. citizens, I do not see how the EO will protect many American workers.
If all this is correct, then the only remaining purpose of the EO is to frighten non-citizens and to delight nativists. Unfortunately, I suspect it will accomplish both of those goals. But to my immigrant friends, it is important to understand that for all its sound and fury, the Trump Administration has achieved little with this new Executive Order. Perhaps that fact can provide some level of comfort in these dark times.
Hi Mr.Jason. Thankyou for all the news and knowledge of any current situation in the country that is especially for the immigrants.
Mr. Jason I’ve been following your blog for almost 4 years now. I have a serious question to ask and hope to hear from you soon.
I applied for asylum on November of 2016 and I arrived legally with an i-94 on April of 2016. I haven’t heard anything from the USCIS. Now that my family believe that everything is normal and out of fear for me back in my country, So I am deciding to go back to my country Nepal. Can I just withdraw my case catch a flight and leave or Do I have to go through different formalities in order to leave? I really could not find the answer elsewhere and also sorry to use a wrong question in a wrong thread. I do have some pending taxes and cresit cards. Do you think all these are necessary for me to leave? Thankyou.
You can contact the local asylum office and they should tell you how to withdraw your case. It may be easier to do that after you leave, and then you can give them evidence about your departure (exit and entry stamps, plane tickets, perhaps the US embassy in Nepal can verify that you are there). You can find their contact info if you follow the link at right called Asylum Office Locator. Sometimes, they want you to fill a form, which they can email you. Take care, Jason
Greeting Jason
Once again thank you for your service and I would like to know whether there is a clear cut direction about banning approved I-730 petition of legal resident particularly asylee this time?
I have not heard anything else, but it is still my understanding that I-730 beneficiaries will not be affected by the ban. If I learn something concrete, I will try to post about it. Take care, Jason
Thank you very much for your usual help.
had my interview over 10months for asylum. I recently applied for GC for LRIF Act. Can I applied to travel in December 2020 as I await either result? Do you think its ok for me to travel based on the two cases filed? Have you had anyone on similar situation of two filed cases? Can I applied for RTD to travel or AP to travel? Which will be ok to request for base on the to cases filed? How long should it be before I can apply for any travel document for either cases if am to travel? And do you think they will grant it looking at the two cases filed with no final result yet? And will there be any problems in returning if I am given the go ahead to travel in Dec 2020 provided the covid 19 situation is over long before Dec and people can travel in and out freely?
Also lastly, do you think they will request me to do another biometric since I did one for the asylum? And do you think they may wave the interview since I had already had an initial interview for the asylum case?
If you have a pending case, you can travel using AP. It is probably better to apply based on the pending GC for several reasons – first, you already paid the fee, and so you should be able to use the fee receipt in lieu of payment. This will probably not work if you also applied for an EAD when you filed the I-485, but if not, it should work (unfortunately, it does not always work, and to be safe, you might want to just pay the fee again, but technically, when you pay for the I-485, it includes an EAD and AP, and so you could try sending a copy of the I-485 receipt in lieu of paying). Second, if you apply for an EAD and AP based on the pending GC, you should get an EAD that is valid for purposes of travel, which feels much more secure than a piece of paper, which is what you get when you apply for AP based on pending asylum. Finally, you do not need a “humanitarian reason” to get AP when you file based on the pending I-485. You do need that if you file for AP based on asylum, and it can be a problem to get the approval. Assuming that travel is possible in December, if you have a valid AP document, returning should not be a problem. However, it takes a while to get AP, so you should probably apply as soon as possible. As for biometrics, I am not sure whether you will need to do that, or whether they can re-use what they have already. For the interview for the GC, I expect you will need that, even though you were interviewed for asylum already. Maybe not, but I think they will interview you. Take care, Jason
Dear jason can I send my green card app based asylum to Nebraska service center Instead of Texas ? I see delays there
In my opinion Marianne, if you belong to Texas Service Center (TSC) Jurisdiction then you should file at TSC don’t file at NSC it’s gonna create a mess and I heard that they will look at the address and they will transfer to the correct service center, your application will be place to the bottom of their bucket.
For example, let’s assume if you file in June 2020 then they will look and transfer the file within six months then at TSC, your file will be placed in the list of December 2020 filers.
If you really move to the Nebraska Service Center Jurisdiction then it would be awesome, everything should be smoother And you don’t have to worry about anything.
All my opinions are based on the experience from people I meet on the blog, I may be wrong too. But let’s see what our counsel Jason has to say.
We all are very luck to have this Platform and words are not enough to thank Jason what he is doing !!!!!!!
My sense is that it is often not worthwhile to move to a new address, as sometimes a fast office today becomes a slow office tomorrow. Nevertheless, people do try that and it can work out. I am no fan of the Texas Service Center, but given the disruption of moving (and the possibility that it will not help), each person needs to decide for themselves whether that is worthwhile, but I guess if moving is not a problem, maybe it is worth a try. Take care, Jason
Some offices are faster than others, but you cannot choose where to send it. If you look at the “Where to File” instructions on the I-485 website, available at http://www.uscis.gov, you will see where you have to file based on where you live. I suppose you can always move, but given how often offices change from a fast office to a slow office, it is probably not worth the trouble. Take care, Jason
hi Jason my green card application based on asylum is pending in a texas service center for more than a year and i see lots of people file after me but based on job or family are getting approved soon does uscis deliberately delay i485 based on asylum or its normal ?
We all are on the same boat. Especially people who filed at Texas Service Center(TSC) are waiting for long time where I have seen people who filed in March 2018 are still waiting and I didn’t see any approval From TSC for 2019.
After Analyzing the cases, it looks like it will take minimum 2.5 – 3 years for our GC in Texas Service Center as they are very very very slow and looks like political agenda to slow down the Asylee GC at TSC
Nebraska Service Center (NSC) is very fast that I have seen the case recently got approved for the person who filed in November 2019. People who filed from NSC are very lucky and feels like I should have filed it from NSC.
Same situation here. I filled in early 2019 and still have not received a biometric appointment. It does look like a political agenda to slow GC applicants based on Asylum. As if we have not dealt with enough delays! I’m sorry but this is crazy.
Good luck to all!
Normally, you should get a letter indicating that USCIS does not need your biometrics, but I guess if you have your receipt, you should be fine. If you are concerned, you may want to call USCIS at 800-375-5283 to check that everything is fine. Take care, Jason
Hello Jason,
First of all big hats off to you for supporting to Asylum group
We received our decision notice last Wednesday via online, but no physical letter yet. Still waiting for USPS. also my asylum clock was stopped almost 5 days and showing the same number, but no changes on EAD card application. Just curious if the asylum office refers to Immigration court, do they stop the EAD clock.
Congratulations! You are approved! if they referred you to court, your clock wouldn’t have stopped. wait for for your approval. do you mind sharing your timeline and office? Thanks!
Thanks for your prompt response. Actually I can’t trust this clock, last July we had the same issue by that time we applied for EAD extension and the clock didn’t move almost 7 to 8 days then started again. That is why I don’t know whether to believe or not this time? Anyway, we are waiting for a physical copy still. Will update you the details hopefully by next week.
Here are my details.
Applied : March 2017
Interview : June 2019
Office : Los Angeles
How did you get a interview ? Did you expedite ? I applied in summer of 2017 and still waiting but I take this as a sign of hope .
I didn’t do anything. just randomly they are choosing I believe.
I hope you will be granted the asylum. This is my experience at the same office: my decision was mailed to me at April 15 but I have not received it yet. My lawyer called me and told me that i was granted the asylum. The thing about my case is that the same day I was granted , they started to process my new EAD.
People often view this as a sign of an approval. I think you need to be cautious. Hopefully, it is, but you have to wait for the paper notice to be certain. Good luck, Jason
Thanks Jason. I trust you and will update the full details soon.
Hi Jason,
My case was referred to IJ and the appearance date will be 14th May. I have a question and Courts are opened?
According to the most recent info, courts are closed until May 15, so your case will be rescheduled. You can check your case status – I did blog post about that on March 11, 2020 that has the links you need to check your status. Take care, Jason
hi Jason my green card application based on asylum is pending in a texas service center for more than a year and i see lots of people file after me but based on job or family are getting approved soon does uscis deliberately delay i485 based on asylum or its normal ?
As far as I know, there is not a different track for asylum-based GCs as compared to other GCs. Also, since the asylee has already been interviewed thoroughly, you’d think that an asylum-based GC would be faster. That said, we have seen a wide range of wait times for our clients. Some asylees get the GC 5 or 6 months after filing; others wait 2 years or more. You can check processing times at http://www.uscis.gov, but if I remember, it says something like 12 to 36 months, so you are probably within the normal processing time. Most of our clients seem to get the GC after 12 or 14 months, but it is difficult to say, especially now, since many operations have slowed down. Take care, Jason
Hi Jason,
I applied for my GC based on asylum in July 2019 in New Jersey, and then, moved to Michigan. I changed my address on the USCIS website. I was invited for biometrics in Feb. 2020, which I did shortly before the lockdown began. Will my GC application be handled by the Detroit, MI GC office? Do you have any idea whether this is a slow or a fast office? i looked online, and it says the processing times for that office is between 7 – 14 months. Do you have any insights on this?
Thanks!!!
The GC is handled by the office with jurisdiction over your current address, so if you need an interview, it should happen in MI. I may be wrong, but I thought GC applications based on asylum were processed at the Service Centers. Anyway, hopefully it is processed locally and that time frame is correct, as that is faster than average. Take care, Jason
Hi Goforgreen i hope you receive your appoval in hands
Do you mind if you can tell me how did you receive online?? Because im still waiting for my decision?
Hello Jason! Thank you for your great efforts! Hope you are safe and doing well! I had 2 questions and would appreciate your responses to them.
1- I have green card based on asylum and would like to travel to Europe for around 1.5 months. I do not have passport. My question is, should I apply for refugee travel document OR should I get a re-entry permit? whats the difference?
2- As a green card holder, am I subject to public charge? I have heard that they check GC holders who want to come back to US to see if they are public charge. I do not have a job yet but I have not used any benefits. Is there ANY chance at all, that they check me for public charge when coming back to USA? and is there and precautions that I should take to be totally safe ?
Thank you !
1 – The RTD is used in lieu of a passport and is accepted by many (but not all) countries – check in advance with the embassy before you travel. The Re-Entry Permit is just to re-enter the US and is not normally used in lieu of your passport, and so you probably need the RTD. Some countries may accept the Re-Entry Permit instead of a passport, but I do not know about that. 2 – As an asylee and as a GC holder, you are not subject to the public charge, and so you should have no issues with that when you return. Take care, Jason
Hello Jason Dzubow,
Hope you are doing. I have question.
I applied my EAD renewal third time two weeks ago. After week i got the acknowledgment I797 with a 180days extension. then i check the status online and it was Fee Were Waived. Next week check the status and it is “case was updated to show fingerprints were taken, fingerprints relating to your Form I-765, Application for Employment Authorization have been applied to your case”. Last time l gave fingerprint in 2016.
Is this normal?
Jibs
I think it is normal – they will just use the fingerprints that are already in the system. Take care, Jason
Hi Jibs,
It happened with my case for i-765 the same. and after 5 months I got renew EAD.
Dear Jason,
Does USCIS accept expedite requests now? I believe the answer should be no, due the virus lockdown.
Also, is there any date for reopening of USCUS if they are completely closed.
Sincerely,
If you send it, they will accept it, but I doubt they will take any action. Since they are closed, they cannot expedite, and when the reopen, I imagine any expedite request will be lost in the avalanche of work. I think the best practice is to hold expedite requests until after they open. As for reopening, courts are closed for non-detained cases until May 15 and (I think) the asylum offices and USCIS are closed until June 4. We have received a USCIS reschedule notice for a case that was set for mid-May. Take care, Jason
Hi Jason
I have one question regarding Employment Authorization renewal . I am Asylum applicant with a Pending Case in immigration court and The time is due for me to file for me renewal of my EAD . But I have seen that I need to use the new version of the form (12/26/2019 version ) . I stumbled on one question, Question # 30 Have you ever been arrested
For and /or convicted of any crime? . And it says if you answered Yes Provide documentations. I was arrested back at home before I came to the US for participating in rallies and participation in Political parties and I don’t consider them as crime and I do not have documentations ( like Court / Police Papers ) that shows those arrests other than my own and my families affidavits and I have already submitted that with My Asylum Application . So Do I answer this question Have you ever been arrested For and /or convicted of any crime ? As a Yes or No. As I was not arrested for a crime.
Thank you so much for your help .
I think you will have to answer “yes”. You can then circle the question and write “see supplement page” or “see cover letter.” You can explain that it was a political arrest in your home country, and that it is one reason you are seeking asylum. You should be fine doing that. I did a post about this issue on March 5, 2019. Maybe that would help. Take care, Jason
Thank You so much Jason for your Promote reply. I really Appreciate your effort to help us all.
Hello Jason,
Thank you for all your support.
I have a question about change of address. I am going to move from Austin to New Jersey because of my job. I have a pending asylum application in Houston asylum office. If I move to NJ, I need to stay temporarily in airbnb room until find and rent an appartment to stay permanently in NJ. I can not keep my address when I leave Austin however my friend in Austin can receieve any notification from USCIS in his mail box while I am looking for a permanent place to stay in NJ. Please help me with any advise. Can I enter my freind adress in form AR11 and then change it to my permanent address when I settled down in NJ? Or I should enter airbnb room address and the change it again when I rent an apartment in NJ. ( I am not sure how long I need to stay in airbnb and how many times I need to change my place between different airbnb locations till find an apartment in NJ). Thank you.
I think you will be ok using your friend’s address. You will essentially be without an address for a period of time, and you are better off using your friend’s mailing address than a random Air B&B address, which is probably not a safe place to get mail. However, as soon as you have an address, you should file the AR-11 to reflect where you live. Alternatively, you could get a PO Box in NJ and use that as your mailing address. Take care, Jason
Thank you for you response. Another question is when I move to different state, my application will move to different office as well. In this case, what will be happen to my lawyer? His address is still in my I589. Should I change my lawyer, or I can keep my lawyer although he is in different state? If I keep my lawyer, is he still my correspondenc for asylum office mail communication pr I am the only one who will receive interview notification?
Moving to a new office will have no effect on the lawyer – he will still be your lawyer. If he has to travel to a different state for the interview, he may charge you an additional fee, or maybe he will tell you to find a new lawyer if he cannot travel, but unless you switch lawyers, he will remain your lawyer, and correspondence should go to him and to you. Take care, Jason
hello
are they asylum offices working?i mean conducting interviews?
They are not conducting interviews, but they are working, at least to some extent. They sometimes respond to emails and I think they may be doing some work on pending cases. Take care, Jason
Hi Jason. My brother has submitted a petition to get my mom to adjust status for permanent residency. He submitted both forms I-130 and I-485 together, but did not included the medical examination forms, He received a notice indicating that USCIS will either request the medical examination package to be mailed or to be brought to the interview if that was the case. He has received the notice of approval of form I-130, which I understand is the first step. Now, on this notice, there is a statement that says something like “the beneficiary is in the country and wishes to apply to adjust the status for permanent residency, the beneficiary may not be elegible to adjust status and the application has been forwarded to the NVC, the beneficiary will be contacted by the NVC with information about the next steps and what consulate is selected to move forward” this me parafrasing. Does this means that my mom will have to leave the US? Or this is normal procedure? Thanks!
If she is in the US and otherwise eligible to adjust status (not in immigration court, no criminal issues, lawful entry, etc.), she should be able to get the GC here. The language you are quoting may just be standard language that appears in all I-130 approval documents. Take care, Jason
Dear Jason, I have said this before but, here you go. you are a beacon of light, what amazing human you are. people like you don’t get enough credit; giving hope to millions when things stack against us. I truly think you deserve a Nobel peace prize for giving peace for millions of us. I just want to say this. I hope i can return a favour one day.
Thank you. One of my clients is a restaurant owner and they gave me a “no bill” peace prize (i.e., a free lunch). That was nice…
hahaha…i mean that great and all but, that is a drop-in sea for what you do.
Jadon, have you had any interviews rescheduled?
We have had interviews rescheduled, but for USCIS cases, we have not seen people get a new date. Only an indication that they will receive a new date in the future. For court cases, we are getting new dates. Take care, Jason
Re: Visiting COP for 3 months as LPR
Jason, hope you and the family are healthy and doing well. Praying for everyone.
I’m LPR based on Asylum, my grandmother (basically, who raised me) I believe is unlikely to survive the pandemic, and I want to see her one last time. Plus, I’m out of a job right now, I was threatened by extremist groups, but I believe the situation on-ground may be safer till the lockdown lasts. I intend to quarantine at a hotel for 14 days, then rent out a place in the city, spend time with grandmother for 2 months, then quarantine again for 14 days and come back to the US. I’ll be using my COP passport, because RTD is still under processing for renewal, but my country passport expires in a month, so I might;ve to renew it in order ot travel to the US. Basically, I will present a green card, and my COP passport to CBP at the airport. How bad is this idea? Can they just cancel Green Card at the airport?
I have had clients do it without a problem, but these days, everything is more risky. I think the main risk is that the return trip for that long may cause the US government to think that your original asylum claim was fraudulent. If the trip were shorter, that would be better. You should be prepared to explain (with evidence) why you went and how you stayed safe. Also, when you apply for US citizenship, you should be prepared to explain this again. Take care, Jason
Hello, Jason
I have a first hearing in the court in 2021, I’m going to marry my GF who is an American citizen, that should be a long time before the court hearing, should I contact the court to let them know? or should I send the petition to the court before the hearing date? Or should I wait until the hearing date and then request adjustment based on my marriage in front of the judge?
1- What do you recommend me?
2- do they still adjusting the status based on marriage or it was affected by the suspension?
Thanks jason
It is a process that involves several steps – I wrote about it on August 2, 2018. That post may help, but the first step (after getting married) is for your spouse to file the I-130 for you. Once that is approved, you can either adjust status in court or terminate the case and adjust status with USCIS. The EO has no effect. However, you might want to talk to a lawyer to make sure you are eligible to get the GC this way, and to see what is the best path for you. Take care, Jason
Hello Jason.
Hope you and your family are healthy during the period of uncertainty. Could you tell me if the EO also applies to DV Lottery? Does it mean that the green cards through DV Lottery are also cancelled? Thank you for your time
I would assume that it does apply to DV lottery green cards (at least for people outside the US). The EO only lasts for 60 days, but the more we hear, the more likely it seems that it will be extended. We will have to wait and see. Take care, Jason
Hi,
I have a pending asylum case and working with EAD for a company. There is another company who wants to sponsor me for a green card. Can they technically apply GC for me since I have no valid status except pending asylum. I have entered the USA via tourist visa-B2. Within permitted time period, I had applied for Asylum. Since then, It is pending. It seems that I will be waiting more. Till I got my first EAD, I had not worked anywhere and I have complied with the laws. Thank you very much.
You will have to talk to a lawyer about the specifics of this, but I did a post on August 28, 2018 that might be helpful. Take care, Jason
Hi Jason,
Thanks for everything you do for us!
how long does it take to receive the Green card once it’s approved? (based on grant of asylum). It’s more than 3 months since I got the approval letter for I-485 but didn’t receive green card yet.
Thanks
That seems too long. You can call them at 800-375-5283 and ask what is the holdup. Take care, Jason
Jason is correct, talk to some good attorney, but per my experience, you should go to the third country and get stamped, you won’t be eligible to get your GC here. you have to find the correct attorney otherwise you will end up wasting money. Also, my lawyer told me that employee based GC’s need a valid status, pending asylum won’t be the valid status.
Jason is correct, talk to some good attorney, but per my experience, you should go to the third country and get stamped, you won’t be eligible to get your GC here. you have to find the correct attorney otherwise you will end up wasting money. Also, my lawyer told me that employee based GC’s need a valid status, pending asylum won’t be the valid status.
I was wondering if asylees with pending adjustment of status application with a valid Refugee Travel Document are allowed to travel to the US despite the March 2020 Presidential “Suspension of Entry” Proclamation?
The Proclamation does not expressly list “asylees” as exempted category, but deep down in the proclamation is written that nothing therein shall be construed to affect any individual’s eligibility for asylum.
Please assume that affected individual has travelled to the affected areas and is otherwise subject to to suspension of entry. Thank you so much
I do not think anything blocks a person from returning if they have a valid RTD, but these days, you have to be careful and so I do not recommend leaving the US if you can avoid it. But if you are outside the US, you should be able to return. Take care, Jason
Just a status update regarding stimulus checks. I used the Get Payment Update tool to check on mine and it estimates I will have it deposited in my account near the end of the month. Just in the nick of time for rent, phew!
Hi Jason,
I hope you are good and safe.
I have a question for you, I am planning to relocate from one state to another with my family but since I have to first find a job, I want to move alone first and then bring my family later. With pending asylum status I know we are required to change the address since I am going to first move alone.i have to first change my address with the USCIS and then I can do for my family when they move maybe after three months? I am the main applicant in my asylum case. Thank you
If you are the main applicant, you can just file the change of address for yourself and then the case will move to the new location. Once they move, I guess you can file a change of address for them, but for our clients, we normally only file for the main applicant. Take care, Jason
I Got into a relationship with a 50 years old woman who’s on social programs and don’t have job for . I was thinking about getting married with her . I do have job and as I checked I make more than required by USICIS but if she has no income , can she still sponsor me , even though I use my own income for sponsorship ? And also I’m in my early 20s can our age gap be used against us by USCIS ?
There’s an entire fraud unit at USCIS that only exists to flag and block cases like this. I understand you might be in a desperate position, but do not jeopardize your relationship with USCIS with this stunt.
I’m not desperate at all , I’m just worried people like yourself assume that lol
Thomas you must be very desperate my dear, i mean very very desperate!!!! anyway congrats on your mariage.
She can still sponsor you and she would need to file an I-864, affidavit of financial support. If she has no income, either you would have to make up the difference or find a joint sponsor. As for the age gap, it is a red flag and it may cause USCIS to be skeptical, and so you should make sure to have enough evidence to show that the marriage is true. Take care, Jason
He will not be needing any evidence. Just ask uscis if Emmanuel Macron would have raised a red flag in your shoes?
Age is just number, right?
That’s what I thought . This is America , I should marry whoever I want , if USCIS is worried , that’s their problem. They are not gestapo tell people who to marry to .
Oh wow! My response was actually intended for pun, and not in anyway for, or against your decision. I guess I wrote it in a way that the sarcasm was lost.
I asked why her age was relevant, because if you considered it relevant enough to be brought up on this platform, then you need to listen to wise words😀
I mean, it’s your life and decision and I have heard of marriages between much older and younger people, but you are taking about almost 3 decades of age difference!
If you research Macron’s marriage, she was actually his school teacher, and he genuinely fell in love with her.
Again, I am not insinuating anything, but given the fact that you are seeking permanent resident status in the USA, your age, the many young women around your age who you could potentially get married to, this marriage may cause uscis to pay VERY CLOSE attention to you, and you do not want that.
Congrats on finding love.
Tina.
Maybe, but Monsieur Macron was not seeking a green card…
Out of curiosity, why is her age relevant?
I think it will be relevant to USCIS, which might view a “non-traditional” arrangement as an indicator of fraud. I think that can certainly be overcome with evidence, but I do think USCIS might look more closely at the case due to the age gap. Take care, Jason
Hello Jason,
My 1-765 application was recently rejected due to non submission of the complete application form. The money order I submitted was returned to me with all other accompanying documents. My question is; can I resubmit the old money order or should I get another one? Thank you
You can reuse it. A money order is an “order” for the financial institution you have money at to set aside and pay to whoever the addressee is a certain amount of money. If the money order was returned unaltered, it is still valid, since the money is still set aside at the financial institution.
You should be able to re-submit the old money order as long as it is still good. We have done that before without any problem. Take care, Jason
Hi Jason. I am Asylee. My Family case grantedby state Deptt and they given interview in US Embassy in My Home Country on March 10.They informed my Family that their Passports will receive in some days by post. On March 17 that US Embassy closed. And my Family has no info regarding their case. My Question is that what will be the next? Will be get visa or wait for 60 days ? what about their passport? Medical is valid for 6 months. i am confused regarding the situation.Plz guide, Thanks.
I do not know, but I guess you will have to wait for the embassy to reopen. If you Google the embassy, and look at the consular page, you should find their email address. You can send them an email and inquire. Take care, Jason
Dear Jason,
I am planning to submit my asylum application next week. But some people said that USCIS is not accepting new asylum applications after March 19 due to COVID-19. Is it true or just fake rumor? Please share your knowledge..please please..
That is a fake rumor. You can still apply for asylum, and any other immigration benefit if you’re already in the US.
Dear Thomas,
Thank you for your reply. I am so much relieved. Yes, I am in the states.
Wish you the best.
It is not true. We have been filing asylum cases regularly since then and receiving receipts. Take care, Jason
Dear Jason,
Thank you. So much relieved.
I will keep reading all your posts and comments.
I have learned so much from you.
All the best to you 🙂
Good information I want to subscribe for more updates
Thank you. You can “like” the blog on Facebook. Take care, Jason
Beloved Jason
Thank you for your kindness and support. May God bless you.
They say you can not have it all. Instead of attracting highly skilled immigrants, policies like merit based system can be a deterant. These doctors, engineers etc may not like moving to a country where their less skilled family and friends are shut out. This group is not as desperate to come to USA as the less skilled and students. They can live comfortably in many countries including their home countries, as oppossed to having a good but lonely life in isolation.
Besides, these unskilled laborers are not hiring themselves. They are hired by American citizens whose businesses need them the same way hospitals need doctors.
Unskilled workers are part of human capital, just like skilled workers. Both are important factors of production and industry need them.
Even in a country with very high unemployment, taking out cheap immigrant labour will aggrevate the situation. A company may be forced to employ, say 40%, cheap immigrant labor for it to survive. Taking out the cheap labor will result in unsustainable wage bill, therefore loses, so it closes. Meaning the other 60% citizen employees, who would otherwise have been employed, also lose their jobs.
Some people seem to think immigrants are having it easy, taking jobs from citizens at will. Not true. Socioeconomic barriers, laws, regulations and industry practices all favor citizens. Unskilled immigrants only fill spaces left behind as citizens progress upwards.
Some have gone as far as saying they only want immigrants from the first world. Migrating is not easy. Your need to relocate must transend the love for your country, family and friends. First world countries pretty much have everything.
Above all, we are here because we love USA. God Bless America.
Excellent points. There are many studies about the impact of immigration on the US economy, and the majority view is that immigration benefits the economy. My belief is that the opposition to immigration is based more on falsehood and xenophobia than facts. Take care, Jason
If the sponsoring spouse has no income but immigrant has the minimum income required by USCIS , he she still sponsor the immigrant ?
For a marriage-based case, the petitioning spouse must also be a financial sponsor (form I-864). If the spouses income is not enough, either you can make up that income using the beneficiary’s income or with a joint sponsor. Take care, Jason
Hi Jason, thank you so much for all that you do!! I was granted asylum in July 2018 at the Newark Asylum office. In August 2019, I applied for adjustment of status, and then a few weeks later i moved to Michigan. I received a notice to appear for biometrics (Grand Rapids, MI) in Feb 2020, which I did (just before the lockdown began). I looked up my case on the USCIS website, and it confirms that my biometrics have been received. I have been wondering if the current immigration ban might have any effect on my case. Also, is there any way I can get an idea of how long it might take to process my case? Which? I am so confused and would appreciate your thoughts on all of this …
The current ban from the Executive Order has no effect on anyone in the US, so you should be fine. As for the time frame, we have seen such cases take anywhere from 4 or 5 months to 2 years. Most cases probably take 12 to 14 months, but it is hard to predict. Take care, Jason
Dear Jason
Hope you are well and healthy.
I am a student and an asylum seeker. I still have a valid F1 status and also applied for asylum on 2017. I renewed my asylum EAD and got it this month.
Since I am about to graduate, I was wondering should I apply for OPT (EAD for F1 students) or use my asylum EAD (if I use asylum EAD, I will lose F1 status).
I truly appreciate if you could advise me or give me your thoughts on this matter.
Thank you so much. I am looking forward to hearing from you soon.
If you have the OPT EAD and get an OPT-qualifying job, it will keep you “in status” (though USCIS could possibly view you as out of status for having filed an asylum case, but we have not seen this form them). If you are in status, you have more options – for example, you could get an H1b visa or you could go to a different university on the F-1 without leaving the US. If you think these are not possibilities for you, then it may not make much difference, but often, it is nice to keep your options open if you can. Take care, Jason
Thanks for your reply.
Truly appreciate it.
Uh…so may I get a clarification…is or is not my student status (or other nonimmigrant status) revoked when I applied for asylum ? I have been hearing mixed message about this…
Your student status is not revoked. However, student status requires that you do not have an intent to immigrate (i.e., remain in the US permanently). This is in conflict with an asylum application, where you have requested to stay permanently, so arguably, USCIS could find you out of status. We have not seen them do that in practice, but they could. Also, USCIS issued a memo about 2 years ago basically saying that if an F-1 student applies for asylum, but the case is denied, the student will be considered out of status and referred to Immigration Court. I have not heard of them actually doing that, but it is a possibility. Take care, Jason
Hello Jason,
Thank you so much for the info and for your continued support. The embassy in my country canceled my family’s visa interview appointment only four days before their interview. This was very disappointing and heartbreaking since I was already checking for ticket prices to welcome my family a week ago after 5 years of separation. I have perceived as the president’s EO will definitely include a case like family but now your understanding as ‘it may not affect I-730 Visa’ brought another hope on my devastating situation. Is that what you want to say or were you mentioning the I-730 applicants in the US? Just wanted to make sure if I’m not misunderstanding you.
Thanks a lot!
I am not sure. However, I think it will not affect I-730 people overseas (or in the US). When the “Muslim ban” went into effect, it blocked people from certain countries, but it did not block I-730 beneficiaries, and there is nothing in the new EO about that, so hopefully, they are not affected. We will have to see how the EO is implemented to be sure. Take care, Jason
I think they canceled the appointment because of covid19 since all the US embassy are closed and not issuing any kind of visas now due to pandemic.
Let hope everything will get back to normal very soon.
I know how frustrating this for you and your family after waiting for such a long time for your family to join you.
Stay safe
My question is similar to the asylee mentioned above the difference is that mine I 730 was approved before and sent to the embassy in my country just two weeks before EO. My family’s schedule is not known. Does this affect my family for whom I have waited 5 years and eager to meet? Besides I didn’t get a green card though I am waiting for? Does it affect me and my family?
The EO seems to apply only to people coming to the US with a green card, so I think it does not apply to I-730 people. However, we do not know for sure how it will be implemented, but I think it will not affect them. Also, it does not apply to people in the US, so it should have no effect on your GC application. Take care, Jason
Here is a little story. I live in a shared house with 8 people, 5 are born Americans, one was just evicted because he stopped paying rent.. Among the eight, three of us are immigrants, of which I am an asylee and one is currently seeking a asylum after coming out to me, another is a student.
Right now, out of the 5 born Americans, only one is working, the other must have gotten fired again from his most recent job (so I am not surprised), he is currently getting unemployment.
The other, got let go because his services are no longer needed, so, he filed for unemployment and confided in me he is gonna stay on it as long as possible even when things return to normal.
The other American, very needy, aloof; their opinion is, they don’t want just any job, they want a job that fits within their community. Whatever that means! There are jobs out there right now, but they just not interested. To put it simply, they are being picky. I told them the neighborhood supermarket is hiring, why not give it a try since you are desperate for an income and don’t want to travel far. They said they already tried applying on line and got spammed. I asked why not try speaking to the manager at the store. Came back with the excuse about already tried applying on line. Excuses, excuses, excuses…
The one that got evicted, played video games all day and was squatting in an empty room in the house until the property manager found out. They never made any effort to find any work even before the pandemic. In fact, when they moved in, they started working at a popular retailer, then quit the next day. It wasn’t even the act of the lying that got him kicked out, its fact he was creating fake documents to get benefits from the government. Born American right here.
I am still working, 5 days a week, as well as my fellow room mate who is an Asylum seeker – he is working under the table; in a care giver environment at that, getting below minimum wage because he has no rights. He is making it right now in a time like this. Yet, the born Americans are home everyday, collecting employment because they are being picky with lame excuses.
If Americans are that desperate to work, why not go pick the fruits and vegetables, pluck chickens like the immigrants who do it everyday so you can have food on your table? That’s right, the farm is too far, I deserve better pay, thats demeaning work. Excuses, excuses, excuses…
As a red-blooded American, I am compelled to point out that your roommates are not (hopefully) representative of most of my countryman. But the hard-working immigrant is very typical. My clients all work hard, often in jobs far below what they had back home. They do it because they were forced to flee their country, because they want to make a better life for their children, and because they are not slackers. Take care, Jason
I certainly hope most Americans are not that way. But if Trump believes I am taking away someones job or my fellow roommate who is about to start on this journey is, he needs to be seriously educated. This country was partly founded on the backs of early asylum seekers who settled here seeking freedom to practice their faith. The insinuation Trump keeps putting out that immigrants are depleting good-paying jobs needs to stop and be debunked. Last I checked, those good-paying jobs were created by immigrants, too.
Steve Jobs father is an immigrant, who gave him up for adoption.
Sergey Brin who co-founded Google, also an immigrant.
Many of the major tech companies are led by immigrants who came to US for better opportunities. Even Trump’s own grandfather came here for a better life.
Agreed – more than 50% of start ups valued at $1+ billion were founded by non-citizens. Each employs on average 760 people. So immigrants are clearly contributing. Take care, Jason
Dear Mr.Jason
I have an asylum case pending with immigration court in LA but it is two years I’m working in NYC and I have always filed my tax in LA as my attorney said that so do you think it will put a negative impact on my case and now I want to apply unemployment so where I have to fill the application LA or NY?
Thanks
Unless you have some good excuse, you really should change your address to NY. It seems to me that it will look bad if you explain you are working in NY and you claim to be living in LA. The judge may think you are lying about your address, and they may assume that if you lie about your address, you are lying about your case. As for unemployment, I do not know the rules about that, and so cannot offer advice, but if you file in NY, that would just be one more reason for the judge to believe you are really living in NY. Take care, Jason
Dear Mr Jason , so if I change my address to NY do the LA court will transfer my case to NY ? I’m wondering if I change my address LA court will sent my case to NY and court will Schedule me another date on maybe 2024 since my court date is on July 2021 in LA?
Thanks
The court will not necessarily move the case. Sometimes, they do it without you asking; other times, they do not. You can ask to move your case if you want, or maybe you can write to the court and indicate that the move is temporary and that you plan to return to LA, and so ask them not to move your case. Take care, Jason
WE can’t generaliz it. My all colleagues are Americans by birth except two of them and except two of them they are white. They are very hard working. They work that much hard that sometimes I wish my countrymen where I originally come from were working that hard. Exceptional lazy ppl are among all communities.
This is true, but in my experience, immigrants self select. Those who have the ambition and energy and courage to come here are rarely lazy people. Take care, Jason
Hi,
I have worked on W2 since 2017 so meaning I filled taxes in 2017, 2018 and now 2019. I got my return on taxes but the website says “According to information that we have on file, we cannot determine your eligibility for a payment at this time.”
By the way my wife is a dependent in my case and she has been paying taxes since 2017 on W2. She hasn’t received the stimulus pay either.
Does anyone else with a pending asylum case face this problem?
Is there a way to inquire with IRS?
Thanks
What’s situation for people with Refugee Travel Document ? Can we leave and come back to the US with this new order?
I do not see how the new EO affects people with an RTD in any way, so it should be fine. Take care, Jason
Hi Jason,
Hope you doing well. I have a question about I730. I m here I applied i730 for my spouse about a year ago. does it affect by the new EO? Thanks
I think it does not (see above), but I am not sure. In any event, we expect USCIS to continue processing cases, but people cannot come here as long as the ban is in effect. Again, though, there is nothing in the EO to indicate that I-730 beneficiaries are affected, and I hope that is correct (for what it’s worth, they were not affected by the Muslim ban). Take care, Jason
Thanks, Jason.
Thanks for the clarification, Jason.
Hi Jason,
Thanks for the information. Now we know that asylum seekers and asylees are not impacted by the EO. (Thank you so much Trump 🙂
I just added my wife to my case and sent an initial EAD request. I heard that USCIS processed some EAD s without requiring biometrics since USCIS is not taking fingerprints. My wife has not given any biometrics yet. Do you know if that is true?
We have filed some EAD applications since the COVID-19 shutdown, but we do not yet have any results (it is too soon). USCIS does process some applications without taking fingerprints (where they have already obtained your prints), so hopefully, they will do that during the shutdown period. Take care, Jason
Asylee. Hello dear Jason, Thank you 🙏 for your good Job for all us. God bless you and God bless America.
Hi Jason,
I have applied for a special juvenile immigration, i live in Maine, so far i have received the approval from the probate court and now both application FORM I-360 and I-485 are pending with the USCIS.
I have already done the biometric appointment, can i move to another state let’s say i find a better opportunity. i am turning 21 this month.
What can happen to my special juvenile immigration application, is it my best interest maybe to remain in Maine until the process is completed?
Thank you for your time.
Hey, I think it is in your best interest to stay in Maine until your case is resolved.at least that’s my opinion. I too used to live in Maine and I left while my asylum was pending, this set me back another 3years before I could do my interview, the case is sent on the back of the line if you move to a state that’s in a different jurisdiction, and the length of the line may depend on whether the state you’re moving to is backlogged on not, it will very probably be backlogged. I know it can be tough to survive in Maine, but waiting might be worth it unless you find a very high paying job in another state that you can’t afford to lose.
You can move to another state, and then your interview will take place in the new state. You must inform USCIS that you changed your address for all pending forms. Use the AR-11, available at http://www.uscis.gov, to change your address. Take care, Jason