I first met David (not his real name) in 2012. He had come to the United States from a Middle Eastern country and decided to seek asylum here. At the time, many democracy activists from his country were fleeing a government crackdown. One of David’s family members—a prominent member of the pro-democracy movement—referred him to me. David is a member of a religious minority, and he is a Biomedical Engineer by training. In his home country, he and his family members faced some pretty harrowing instances of persecution on account of their religion and their democratic leanings.
Fortunately, David’s asylum case was granted. He later became a lawful permanent resident, and he is currently in the process of becoming a U.S. citizen.
In the mean time, he obtained his equivalency degree, which allows him to work in his field in the United States (this is a somewhat obnoxious process, whereby a private agency certifies that a foreign degree “is equivalent to” a degree from an institution in the U.S.). He got a job as a Biomedical Engineer at a large hospital in the United States, and was promoted several times over the course of a few years.
When the pandemic started, David was tapped to lead a medical equipment project at the hospital’s command center, and to build up a new department to deal with the crisis. He and his team are working around the clock to receive, assemble, build, inspect, and install equipment such as ventilators, IV pumps, bed side monitors, servers, and more.
Fueled by obscene amounts of espresso, in one week, David and his team installed and uploaded drug libraries for 1000 IV pumps and installed 600 IV poles. They also installed and inspected more than 200 ventilators and 200 ICU beds. In addition, to get ready for COVID-19 patients, they prepared and installed medical equipment–such as central bedside monitors, ICU beds, nurse call devices, and ventilators–for three new departments at the hospital. All this while working in an environment where the coronavirus is a ubiquitous threat.
I asked David how he feels about all that he has accomplished since the pandemic began, and despite the difficult circumstances, he uses words like “great” and “awesome” because, he says, he is not just doing a job, he is really helping to save lives. Also, he is proud that even though he has only been at the hospital for a few years, he is responsible for critical parts of the mission and for training a team that is working through the pandemic.
David’s work is incredibly impressive. He is helping to save many lives. But the fact is, he is not all that unique. According to a 2019 study in Health Affairs, 1 in 4 healthcare workers in the United States is foreign-born. It’s ironic that at a time when immigrants and asylum seekers are under assault by the federal government, they are playing such an outsize role in our fight against the coronavirus. I only hope that more Americans will come to appreciate how people like David are selflessly working to protect Americans from the deadly pandemic.
One final point, and I think this speaks to David’s character and his bravery during this difficult time. I remember when we were preparing his asylum case, I asked him about whether he faced any harm in his country. He mentioned a few incidents and could not think of anything more. Then, his relative asked, “Didn’t the extremists shoot you?” Yes, he responded, they did try to shoot him, but the bullet passed over his shoulder and hit a wall behind him. Since they missed, David hadn’t really paid much attention to the incident. I imagine that this type of grace under fire (literally) is serving him well in his current role.
If you would like to support David in his life-saving work, consider making a donation to Direct Relief, a national non-profit that has been helping to get protective gear and critical care medications to as many health workers as possible.
Hi Jason
Thanks for your assistance here. my husband was granted asylum in December 2018 and then file derivative application for me to join him. He got a mail yesterday that the application is approved and that i will be contacted for further processing on travel arrangements. my question is, will i be subjected to interview session as the spouse of an Asylee or is it just for them to get my bio-metrics and process my travel documents?
Thanks
There is an interview. Usually it is pretty minimal, but it could be more extensive, so you should be familiar with his asylum case or prepared to explain why you are not familiar with his case. Also, I did a post in December 2019 (or maybe January 2020) with a link to an I-730 manual that is very helpful. You might check that for more information about the process once the I-730 form has been approved. Take care, Jason
Hi Jason, good day to you sir.
I have a question regarding Member in Organization:
Form I-485, Part 8, Item No.1
1. Have you Ever been a member of any organization? (Shortened)
– Yes ofcourse and i have checked Yes, i have typed in all information required.
Now there is a field that says : From date – To date
I belonged to a political party, and it has not expired and it doesn’t have any expiry date.
=> Should i write “Present” or should i leave it empty?
Having written present there, does or will it affect my application somehow?
Does it make them feel that we may create problems in the US?
Thank you sir.
It should be consistent with whatever is in your I-589, and if you need to explain, you can do that. You might just write that you are still a member, but inactive. The important thing is not to contradict what you said in your asylum case. Take care, Jason
Can I apply for RTD while pending asylum? Filed in 2015 and still waiting for interview.
You can only get an RTD if asylum is granted. For a pending asylum case, you can apply for Advance Parole. I wrote about that on September 11, 2017. Take care, Jason
Jason, we applied for asylum in 2016. my daughter had joined college on F1 visa earlier but we included her also in my asylum application as family of 4. Four years have passed but no interview yet. Now my daughter will pass out next year from college and the company she worked at as an intern is ready to apply for her h1B later. so what should we do , should I take her out of our asylum application if she gets selected for h1 B visa. Please advise as very confused
If she gets the H1b, there is no reason to remove her from your asylum case. The H1b is a “dual intent” visa, meaning that she can have an intent to remain as a temporary H1b worker and also have an intent to remain permanently (by seeking asylum or an employment-based green card), so there is nothing inconsistent about seeking (or having) an H1b and seeking asylum. If she ultimately gets a GC based on the job, then you would probably want to remove her from the asylum case. Take care, Jason
Thank you for the response, another point in case my daughter does not get thru H1 lottery next year can she use her asylum EAD and take the job and then try H1B again in 2022. Also if yes when do you think she should apply for her first Time EAD , now or later , keeping in mind the delay it takes
She can use the EAD to work once she has it. It can take 6 months get the EAD, and so it is probably worthwhile to file for it at least 6 months or more ahead of when she wants to start work She potentially could try to get an H1b later, but that would like require her to leave the US, if it is possible at all (I did a post that touches on this point on August 28, 2018). She should talk to a lawyer about that if she wants to pursue that path. Take care, Jason
Hi Jason,
I have a question that i feel like asking you. I remember you wrote something about it for ASYLUM Application FORM but not sure if this also applies for Form I-485.
Part 1, Item no. 1c
I dont have a middle name, do i fill in N/A or can i let it be blank? I am using computer to fill up the form and it doesnt allow me to enter certain characters like N/A with the Slash “/”
There are many other fileds that i need to leave it empty, do i leave it empty, or type in N/A or what is the best recommendation on this?
i remember you mention something about this on Asylum application form to not to leave any field empty.
thank you
USCIS has been rejecting asylum forms where the person leaves a space blank. We have not seen that for I-485 forms (yet), but if you want to be safe, just write N/A in the blank field – you can write it by hand after you print. It does not look as nice, but it works. Take care, Jason
HI Jason,
I have moved from Maine to Minnesota and this is the message i see on my uscis online status acct.
our request to change your address, referral number CAxxxxxxxxxxxx, is currently not assigned for processing.
do you know what that means? my change of address needs to be approved?
So you know i was on a shortlist in my previous state but the process is taking longer and i have decided to move to another state which has a faster processing asylum application.
Thank you for your clarification.
I do not know what that message means, but typically, once you file the change of address, nothing happens. But when they schedule the interview, it will be at your new office. Since they are not scheduling interviews now, there is probably no problem. However, you can email the old and new asylum offices directly to make sure that the change of address is in effect, and if this message still shows when things open, you should probably do that. You can also try emailing now, but they may not respond due to the shutdown. Anyway, there is no harm in trying. Their email can be found if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi,
My case was also showing from the last one year I called and also email the local asylum office. the local asylum office reply to my email that they update my address in a local office. but it’s still showing the same status as yours. email your local office.
Hello Jason and Everyone,
Hope you are doing fine, Please dont forget to stay safe during this ongoing Pandemic.
I have a question that i am confused:
1. Have you EVER violated the terms or conditions of your non-immigrant status?
Background:
I came to US as B2, i was stamped for 6 months stay on arrival.
I applied for Asylum after 90 days withing the 6 months period.
Have i violated the terms ? Should i say “Yes” or “No” in my Form I-485 (Part 8 Item 17).
Thank you for your help
We typically say “no” here, but if you want to be very careful, write no, circle the question and write “See cover letter” or “see supplement page.” Then in the letter or the supplement page (at the end of the I-485), you can say that you believe you did not violate your status, but you are not sure whether seeking asylum violated the status. In this way, you have basically revealed everything and USCIS cannot accuse you of trying to hide anything. Of course, depending on your case and what you said at the asylum stage, you may be required to say “yes,” but I think as long as you explain, you should be fine. Take care, Jason
You are an amazing person Jason,
In Programming language we have something called JSON (Short form of your name 🙂
JSON in Programming means an Object which holds and can hold massive amount of “Data”.
We use JSON to grab, study, read and view data from database.
Just like you, You are our JSON object who holds every information our asylum community needs.
I wish you luck man, and thank you for doing what you doing.
Thank you. I think most of the data I hold relates to UFOs, Bigfoot, 1970s TV, and Elvis. Take care, Jason
Hello,I hope everyone is trying to stay safe in this difficult time .May God protect you and your families.
Who has experience filing a lawsuit against USCIS for a delayed decision?
I told my attorney that we should to that after waiting for 20 months. He told me that it’s not gonna help. They would probably deny my case for suing them.
Can Jason say something about that?
God bless you!
I do not agree with that. However, if they cannot grant the case (for example, due to an incomplete security background check), the lawsuit may cause them to deny the case and send you to court. That may be a better outcome than waiting forever in limbo, but that is up to you. On the other hand, maybe the lawsuit would spur them to finish the case and grant relief. If you decide to sue, you should at least wait until things reopen and make some effort to get a decision before filing suit. Take care, Jason
Hi Jason, is there anything I can do to get an interview? waiting since August 2015. Send a expediting request 4 times they rejected.
Is there anything I can do?
Sometimes, people who contact their Congressperson and have the Congressperson ask to expedite have luck. Once things reopen, you can try that. Or if you have a new reason to expedite, you can try that again. Maybe you could also try a mandamus lawsuit, but that is more for cases where the interview already occurred and the decision is delayed. Unfortunately, there is no east way. Take care, Jason
Hi Jason,
I was wondering, on average and regardless of CoVID-19 delay, how long does to take for new asylee seekers to get an interview?
There is no way to know. If the person gets a LIFO interview, it could take only a month or two (when things are open). Most people do not seem to get LIFO interviews, but it depends on the office, and if there is no fast interview, it can takes months or years. Take care, Jason
Hello jason!
I hope you’re doing great!
Is there a way to expedite my i-485 application based on humanitarian reason? You what the process to expedite and how long will it take?
You can try – I wrote about that on January 29, 2020 – maybe that post would help. Take care, Jason
My Asylum case has been pending since may 2015 at Arlington. No interviews. Nothing. I have seen many people who have applied after me getting their interviews and decisions within a year or 2. Im still stuck in the system. What can i do? Is this a normal scenario?
I am also stuck since 2016. No interviews , really do not know when our chance will come after the LIFO change
It is normal, as they changed the system in 2018 to prioritize new cases (I wrote about this on July 10, 2018). You can try to expedite your case – I wrote about that on March 30, 2017. However, the asylum office is currently closed at least until June 4, and so you should probably wait for them to reopen before you try to expedite. Take care, Jason
Hello
My asylum case is still pending can I change my younger child name (7 yrs old ) . Whom do I have to contact as his foreign passport is also expiring. Do I have to get new birth certificate from home country? which is not easy to get it.
Pls advise
You can contact the local state court clerk’s office. It is not hard to do a name change (assuming there are no custody issues). Once you get the new name from the court, you can submit that to the asylum office so that they know about the new name. Take care, Jason
Hi Jason,
i have a pending asylum application and just received the denial decision on my I-131 application for travel document based on the fact that there is no pending I-485 under my name!! The case has been rejected based upon an invalid criteria. I am planning to file i-290B. Have you ever received such AP denial decision for a pending asylum with the similar reason (No pending i-485)? Please advise! thank you
I have not received such a rejection, but you should check the I-131 form to be sure you did not apply under the wrong category (if you filed under the wrong category, there is no point in appealing, since USCIS’s decision was correct). If you applied correctly, you might try calling USCIS at 800-375-5283 to see if anything can be done. In any case, the I-290B is expensive and slow, and you may be better off to file a new I-131 rather than try the 290B. You might want to talk to a lawyer about all this, just to help decide what is the best approach. Take care, Jason
Hi Jason,
Thank you for your response. For the “Part2. Application Type” in I131 form, Category 1.d is selected which says” I am applying for an Advance Parole Document to allow me to return to the US after temporary travel.” Isn’t it the right category?? If not which category should have been chosen?
I had all my asylum documents attached along with the cover letter explaining the situation and humanitarian reason for the application. Thank you in advance Jason for all your support and guidance.
It sounds correct, but I am not sure, as I would have to look at the whole application. Maybe they denied it incorrectly – it would not be the first time. Maybe try to call them. It is worth a try, before you re-file or file the I-290B. If you do re-file, maybe use a cover letter and make it very clear that you are seeking humanitarian AP based on a pending asylum case (it sounds like you made it pretty clear the first time, but with these people, you cannot be too clear). Take care, Jason
Hi Jason
My question is if a primary asylum applicant (asylum not granted) dies in whatsoever reason what happen to the family (spouse and kids)
They would have to file again on their own. The process of filing is different, since basically it is a second application. In short, they have to file at the local office not the service center, but contact the local asylum office for what to do. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, it is important to file as soon as possible. Anyone who wants to file for asylum must file within one year of arriving here, or meet an exception. If they had a pending asylum case, they meet an exception to the one-year rule, but once the principal applicant dies, they must file within a “reasonable period of time,” which is not defined, but more than 6 months is probably too late. And, the sooner they file the better. In my experience with this issue, the asylum office was pretty flexible, but you cannot count on that, and so the sooner they file, the safer they will be in terms of the one-year bar. Of course, if they have no fear of return and do not want to seek asylum, they can just inform the asylum office that the principal applicant has died and they can then leave the US. Take care, Jason
Jason have you filed any new asylum cases recently? or has corona shut down your stuff too.
We are still filing cases and USCIS issues receipts. There are no fingerprint appointments, and we do not know when those will resume. Take care, Jason
Hi jason hope you’re doing well
My GC Expedite request was approved earlier in January with an email said (You should receive a decision or notice of further action within 45 days. ) and I haven’t Hear back from them.
Any advice ?
Thank you
May we ask who does one email to expedite green card? I am still waiting for mine . Don’t know how to expedite
I did a blog post on January 29, 2020 about expediting with USCIS. Maybe that would help. Take care, Jason
USCIS is moving slowly due to the shutdown. However, you can try to contact them at 800-375-5283 and inquire about the status of the case. That may help. Take care, Jason
Congrats Ali…
Can I know which service center and what was reason to expedite if you don’t mind?
Humanitarian
Texas service center
Hi Jason,
Can someone with pending asylum case and student status marry with greencard holder and apply for AOS eventhough she worked with her asylum workpermit?
Thanks
I am not sure – in most cases like this, it seems that USCIS does not consider the person out of status. However, it is not clear. If they do consider you out of status, you would need to leave the US to get a GC (or wait until the spouse becomes a US citizen). Unfortunately, I am not sure whether there is a consistent policy from USCIS about how to treat students in this situation. The easiest approach, if you can do it, may be to wait until the spouse is a citizen, but if that will take too long, then maybe you want to try. I would talk to a lawyer first, though, to check whether there might be any updates about USCIS’s policy in this situation. Take care, Jason
Thank you Mr Jason,
He can apply for citizen status on october, but we are going to send AOS next month. do you think the only risk woud be lost the uscis fee for the application? If they deny the applicatin, they would force me to leave the country or I would able to wait for my asylum case and my husband become citizen?
The downside would be that you would lose the fee. It seems to me that if he is not that far away from applying for citizenship, you may want to wait for that, but if you don’t mind risking the fee, and you are otherwise eligible, you can apply now. If I had to guess, I would guess that USCIS will not take the asylum application or the work as a violation of F status and that you can apply for the GC; it’s just that they are no so predictable, and they seem to be looking for reasons to deny, so there is some risk. Take care, Jason
Hello,my dear asylumists !
Reading positive histories help me keep my hope up if not I am running out of hope.This means I am getting depressed.Who knows that from my suffering and sorrow an happiness will result. If it happens this way good for me ,otherwise to some situation death is preferable.I am not talking about suicide but natural death. How many of you are traumatized because asylum, whatever the type.Long wait,hiring different attorneys ,traveling long distances for interviews whose decisions are never issued in time .
Where is the humanitarian side of USCIS?
If you do not wanna give something to someone you just say no. This is honesty.
Sometimes I tell myself “my god why you didn’t let me die in that crisis instead of leading me in this endless adventure?”.However the only thing which keeps me alive is hope.Where there is no hope there is no life.
I am fed up now and I feel that everything is coming to an end for me. I can’t handle this any longer.My heart is getting weaker and weaker after waiting for a decision for 2 years.Suffering from anxiety,depression and nightmares has become my daily struggle.Some may say that 2 years is nothing, but this is about a decision from Chicago asylum office,not an interview.Waiting for a decision is more frustrating than an interview.Where is that humanitarian side of USCIS?I am not asking USCIS to grant me asylum even if am not eligible.Issue my decision .That is the only thing I want.
After waiting for 2 years what should I expect?
It’s lest painfull denying after waiting for 2 weeks than denying after waiting for 2 years.
For God’s sake issue my decision now.My heart is failing.
Dear Hope
Dont lose hope please we both are in same situation- USCIS is more a machine than human being nor there is any advocacy on our behalf – its funny you live five year only for interview n waiting forever for decision- i m totally agree with you if USCIS doesnt not want some one why the d hell keep someone alll these years for decision- give your fucken decision once u did your fucken interview- we are all human we dont live 100 years just to have your decision- people have all other obligations- we have a right to establish a family- visit our family – marriage and education- work .
They are mostly closed these days, so it is less likely to get a decision now. Nevertheless, you might try contacting them to inquire about the decision. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, you might reach out to your Congress person for help (there are also links at right for that). If all else fails, you might consider a mandamus lawsuit to force them to make a decisions. We wrote about that on October 2, 2018. Good luck, Jason
Dear Hope,
Please, don’t lose hope. You are not on your own, we are all in the same boat. I have been waiting for a decision for nearly 4 years. In all this, I agree with you that waiting for a decision is tougher than anything else. USCIS doesn’t care about us, that is it
hi sir how r you i want to know i have case with uscis asylum case i already done interview ew on 16 december 2019 and waiting for decision but they stop my clock now EAD 2 weeks its stop i got work permit socal security but i want to now what reason they stop clock any problem with case or like that they can stop clok any time without reason
Thanks
Rashid saleen
Normally, it would not stop unless something happened in the case. You might want to email the asylum office to inquire about your case. They are still operating, but response time may be slow. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
hi sir how r you i want to know i have case with uscis asylum case i already done intrvew on 16 december 2019 and waiting for decision but they stop my clock now EAD 2 weeks its stop i got work permit socal security but i want to now what reasion they stop clock any problem with case or like that they can stop clok any time without reason
Thanks
Rashid saleen
Is it ok to apply for employment benefit as an asylum applicant? Or a a GC applicant?
I resigned one of my job 2019 to have time to study at the University. I was working 2-3 jobs to help pay my fees in school. I did and save for some time and during my schooling it was hard to find study time so I resigned my main job. My school has finished n I graduated with from the university in The US here. Though I can’t find a job in the field yet since I have not been granted asylum yet, don’t have a GC or not a citizen
I now work 2 jobs but due to covid 19, one of my job reduced our work days to 3days a wk. It is affected my income. I can’t get a job in what I study, I tried no one can employ me since I have not been granted asylum yet and the job is hardly dedicated according to employer n required me to have either asylum or a GC.
I applied for employment benefit for the reduce work days to fit my need. In the application, I was asked to put all my work information in. I did.
They want to pay for all missed days including the Job I resigned from the day I resigned till now.
I am worry and afraid about collecting money that will affect my asylum result that I have been waiting for for almost 4yrs. And even worry about my recent green card application for the LRIF. I Just don’t want them to think I want or am depending on govt which can make me a public charge.
What do I do? Will collecting this benefit make me a public charge? Do I forget about getting the benefit to avoid been a public charge? Just don’t want anything to stop me from achieving my goal of been granted asylum or GC. I am worried.
I don’t work full-time anymore, I resigned my main job due to school study, I work half on a job base on need and 3days another job base on Covid 19.
My income has reduce badly due to these. But I am afraid to continue this request so that they can’t declare me a public charge and which may affect me getting my family over.
What do you think I can do?
Hope to hear from you sir.
Unemployment has no effect on an asylum case or on a person who gets a green card based on asylum. This is because such people are not subject to the public charge rules. I do not know if the public charge rules apply to applicants based on LRIF. Even if they do, in general, unemployment insurance should not directly be a negative factor in the public charge analysis. It might be an indirect factor, as unemployed people will have a harder time meeting the public charge requirements. That said, I do not see how collecting unemployment insurance will make any difference in that. If you are not sure, you might look at the I-944 form, available at http://www.uscis.gov, which is the public charge form, or talk to a lawyer. Take care, Jason
Hi Jason,
May 12 will mark 1 year since I got asylum. I just would like to know, how soon should I start the process for LPR? Earlier this year when I visited my lawyer’s office to pick up my RTD, they mentioned I should reach out at the end of May to discuss that. I just would like to know, is there a particular reason I couldn’t start this on the 13th? Just want to start this as early as possible, since it this could be another year long process.
You could start on May 13, assuming you have not left the US during that year. If you left the US, you would have to wait until you had one full year of physical presence here. So if you left the US for 10 days, you would have to wait until May 23, for example. Take care, Jason
I haven’t set foot outside of the country since I came here. I will reach out to my lawyer on the 13th, I want to get this ball rolling before the current administration gets another bright idea.
You might actually start even sooner than that, as it takes some time to prepare the I-485 form. Do not mail it before May 12, as you do not want it rejected as having been filed too early. Take care, Jason
Thanks Jason, will do that.
Jason,
I hope all is well and you are staying safe.
Just a quick question. If someone becomes LPR based on asylum, do you know if this person can become a permanent resident of another country like, say, Canada (not the COP as technically the person is still a citizen of the COP) without losing his/her LPR or asylee status in the U.S.?
Pursuant to INA 208(c)(2)(f): asylum status can be terminated if the alien has acquired a new nationality and enjoys the protection of that country.I am also aware that, for the purposes of immigration, there is no clear distinction between “nationality” and “permanent residence” in some jurisdictions, nor is there a unanimous decision on what is considered “nationality”. For some countries, “nationality” may constitute having the same rights and responsibilities as a citizen. In some countries, though the status may be termed “nationality”, does give the resident the right to vote or apply for a passport, for example.
In addition, the BIA and Circuit Courts seem to be at odds with each other as it concerns exactly when and how asylum status is terminated (see Matter of N-A-I-, Ali v. Lynch, Matter of C-J-H-, etc.). In Matter of C-J-H-, 26 I&N Dec. 284 (BIA 2014), also “reaffirmed”, if you will, having been remanded by the Fifth Circuit, in Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017), the BIA held that: “asylee status was terminated when he adjusted his status to that of an alien lawfully admitted for permanent residence pursuant to section 209(b) of the Immigration and Nationality Act, 8 U.S.C. § 1159(b) (1994).” Essentially, some of the Circuit Courts are at odds with each other, as well as the BIA, over when you lose your asylum status, voluntarily or involuntarily.
In light of 208(c)(2)(f) and the BIA’s and Circuit Courts’ rulings, would you say it’s safe for an LPR, who acquired such status incident to his/her asylum status, take up permanent residence in a country other than the COP, without the fear of losing his/her asylum status?
My understanding is that once you have the GC, there is no issue with obtaining residency in a third country, and so it would not affect your status (assuming you return to the US and maintain your residency here). However, I have not researched this issue, and I would recommend checking this to be certain. Take care, Jason
Jason,
Thanks for your response!
Dear James,
Thank you for helping us!
I have a question, probably most of the people asked, I am waiting for my Green card, they received my documents in August. I thought it takes 6 months to receive it, but it takes forever. I live in Alexandria, Virginia. I am moving to Falls Church, Virginia. So, do you think this address chance can delay the process?
I wish I would stay in Alexandria, but epidemic separated my from my roommates.
As long as you filed a change of address form, AR-11, available at http://www.uscis.gov, the move should not cause any delay. We are seeing GC cases take anywhere from 6 months to 2 years, so my guess is, you still have some time to wait. Take care, Jason
Hi Jason,
i start filling up my I-485 based on Asylum granted last year, I just want to clarify the question where it ask for ” the priority for the underlying petition”, i’m almost positive that it’s the date when USCIS received my asylum application. but i want to double check that with you.
If I recall, we leave that blank, as there is no petition. However, I think there is no harm in mentioning the asylum case. You might want to indicate somewhere that you are referring to the asylum application, just so things are clear. Take care, Jason
Blessings to you Jason for always been a shoulder to cry on whenever we are confused about this Journey to legality in American,
i applied for GC sometimes in August 2019 and still waiting for it but my question is would i still need to renew my EAD if it expires in June 2020 since am waiting GC? if so when is the best time to apply for EAD renewal.
thank You again for your selflessness.
The wait time for the GC is not predictable, so if you need the EAD, you should probably file to renew now (once USCIS sends the receipt, your old EAD is automatically extended for 180 days). If you have asylum, you technically do not need an EAD to work or get a driver’s license, but most employers and DMVs do not seem to understand that, and so it is better to have the card. On the other hand, if you can get by without it until the GC arrives, you can save money (though remember that you can request a fee waiver, form I-912, available at http://www.uscis.gov if the fee is too much). Take care, Jason
Is UCIS accepting Green card souse sponsored application right now and scheduling interviews ? How long it takes to get the interview and how long to get your green card in case you pass the interview ? Thanks
Received two confirmations today (I-485 and I-131) that my documents were received and are being processed. So, USCIS does accept applications.
If the person is in the US and eligible, you can file for a spouse. The wait time is very unpredictable – maybe 1 to 2 years. You can also apply for a work permit and travel document, and that usually arrives within 4 or 6 months. Take care, Jason
It takes 1 to 2 years just to get an interview ?! For the foreign spouse in US ?
That is what we have seen. On the plus side, once you get the interview, a decision in the case usually follows shortly thereafter. Take care, Jason
Dear Jasón how much on average do you charge to process two ajudments of status / green card . For principal and dependent . Merci
I think these days, for asylees, we charge $1500 for the first adjustment of status case and maybe $1000 for each additional (dependent) case. Something like that. Take care, Jason
Hi Jason.
Quick question- can an asylum applicant qualify for security clearance? Because some jobs require this; provided the applicant is in the US for 5 years, has work authorization for 3 years, SSN, and no criminal record. Or is it mandatory to have at least Green Card for security clearance?
Thanks a zillion, Jason
I think it depends on the job. Many security-type jobs require that the person be a US citizen. Other jobs require residency. Normally, the job posting itself explains this, but if you are not sure, I would ask the employer. Take care, Jason
Hi Jason,
I cannot thank you enough for taking your time and answering our questions!
While I am waiting for USCIS to specify my interview date, I received my stimulus money along with a letter. I don’t know what the letter is yet because I moved out of NY temporarily, due to COVID 19 situation.
Two questions,
a) Does anyone know what the letter may contain by any chance?
b) I am planning to marry my girlfriend who is a US citizen and apply for GC through marriage as well. Will the stimulus check be an impediment (public charge) for marriage purposes?
Best,
I do not know about the letter, but if you apply for a GC based on marriage, you are subject to the public charge rules (unless you live in Illinois, where they are still blocked by a lawsuit). You can check form I-944 and the instructions (available at http://www.uscis.gov) to get a better idea about what this means, but my understanding is that the stimulus check is not a factor in the public charge analysis. Take care, Jason
It is a letter from the President explaining that he is always concerned and passionate to help the US citizens in difficult times like these. Nothing to worry about.
Hi Jason
I hope you are doing well. Do you have any idea as to when non-detained individual hearings will resume in immigration court ? The eoir has postponed hearings through May 15th. but when will it potentially resume ?
Thanks
H
If I didn’t register for Selective Service as a 25-year-old asylum seeker, will I be barred from naturalization at 34-35 years old?
You should first check to see whether asylum seekers are required to register, as I do not remember (green card holders are required to register). If you were required and failed to register, you can write a letter explaining what happened (maybe you did not know about the requirement) and usually that is enough to overcome the problem. Talk to a lawyer about this if you need help, but you should be able to overcome the issue. Take care, Jason
I was registered for Selective Service when I received my NY state ID. I didn’t about it until I received a letter from Selective Service about it. I guess DMV shares people’s info with them
It always pays to check the Selective Service website, as sometimes people are registered, but they do not know that they are registered. It is a good point. Thank you, Jason
Hi,
According to https://www.sss.gov/register/immigrants/: “With very few exceptions, all immigrant males between ages 18 and 25 are required by law to register with the Selective Service System (SSS) within 30 days of arriving in the United States. This includes naturalized citizens, parolees, undocumented immigrants, legal permanent residents, asylum seekers, refugees, and all males with visas more than 30 days expired.”
Interesting – Thank you, Jason
I have no other info than the May 15 date. I do sense that management really wants to get cases moving, but judges and staff – who are on the front line – are concerned about safety and do not want to reopen that soon. If they had a competent management team, perhaps they could figure out some solutions, but given their conduct so far, I am not optimistic. Anyway, we shall see. Take care, Jason
Hi Jason
Do you do BIA appeals ? If yes, how much you usually charges ?
We do. The fee depends on the case. For a new client, it would probably be $3,000 to $5,000. It really depends on how much work we think the appeal will be. Take care, Jason
great story but we’re a little disappointed u didn’t want to announce where he’s from (Iran??!!).
It was important for him to keep his identity confidential, so we could not include that info. In general, I wish I could write more about my clients, as we have a lot of interesting and inspiring clients. But the vast majority are sensitive about their asylum cases being publicized, and I don’t blame them. Take care, Jason
These stories are great
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
Hi Jason,
Thank you for your support to the asylum community. I do have one question…
EADs used to be approved to be used for two years. However, my latest EAD (based on asylum granted) is renewed only for 1 year. Is there a new law in place? Would my GC application have anything to do with this? I filed my I-485 9 months back.
Thanks a lot!
Kareem
Normally for Asylee EAD of Category A05 will get Two years validity but for Adjustment Of Status (I-485) of category C09 gets only one year.
What category does it say on your EAD?
When did you apply for your I-485 and which service center?
It’s been more than a year I applied for I-485 at Texas Service Center. By looking at the processing times and the blog, it looks like
it’s long way to go (minimum 2.5 – 3 years wait time)
This is a good point, but normally, when you apply for a GC based on asylum, you apply for the EAD based on a-5 (asylum granted), not c-8 (GC pending). Maybe that is the issue? Thank you for raising this point. Take care, Jason
The category is A-5 (Asylum Granted). I followed the i-765 form instruction. I got the approval letter three months after my application. I sent my application to Texas Service Center.
Pre-asylum EADs are valid for two years, and I thought asylum-granted EADs were also valid for two years, but I really do not remember. Maybe it has always been one year. I did not hear about any new policy change concerning EADs, but unfortunately, these days, USCIS often makes changes without telling anyone. I doubt it has to do with the GC application, and given the slow processing times for a GC, you probably will have to renew the EAD (and pay for it or get a fee waiver) before you receive the GC. Take care, Jason
Jason,
Thanks.
The EAD they sent me along with the asylum approval was valid for two years. USCIS might consider it as a source of revenue.
@David
I am happy to hear that you got into residency and helping with the situation in the country right now.
I am also a foreign medical graduate and have my recently had my GC based on asylum.planning to apply for residency this year.would be great to ask you few questions about matching if you dont mind.
Hello Jason,
My case has been referred to IJ and the court date will be 14th May. Actually the denial reason was crossed the time limit, (applied after one year). but still, wondering why the clock was not at all moving?
During this shutdown period, courts are working? I need your advice here very badly.
I am very sorry to hear this. First, if 180 days have already passed, you are still eligible for an EAD. Second, as for the reason, if a person is not eligible for asylum due to the one-year bar, USCIS may stop the clock. This is not a final determination of your case – the judge will decide whether you meet an exception to the one-year bar and whether you can still get asylum – but as an initial matter, since USCIS (the asylum office) determined that you did not file on time, it considers you barred from asylum and that may be the reason the clock stopped, or maybe there is no clock in your case. If you need to re-start the clock to get the EAD, you can request that from the judge, but you will need to present evidence about an exception to the one-year bar. I wrote about the bar on January 18, 2018. Maybe that would help. Do remember that many cases “referred” to court are won in court and that it is often easier to win in court than at the asylum office, so you certainly should not give up hope. In our office, the majority of our court cases are people who did asylum on their own at the asylum office and were referred to court, and we are able to win probably 80% of those cases. So you certainly should not give up hope, as it is still possible to win. Take care, Jason
Thank you for your brief explanation, I have valid EAD till next year, Looks like they are working per your above replies. So I have to report to the court on 14th May. Am I correct?
Only detained cases are going forward now, and all cases prior to May 15 are being postponed. So your May 14 date will be canceled. You should get a notice about that, but you can also check your case status by phone or online. I did a post about how to check (with links) on March 11, 2020. Take care, Jason
Again. thank you so much. Let me wait again.
Dear Jason
I have read in your replied to one of commentator “”” In our office, the majority of our court cases are people who did asylum on their own at the asylum office and were referred to court,””””
What do you mean i dont have a lawyer either i filed my asylum application my self and i have had my interview last year too no decision yet!! do you think they will refer me to court too???
I do not mean that. People can win their case at the asylum office without a lawyer. But when they lose and go to court, they usually get a lawyer. And many of my clients come to me that way. My point was that even a person who loses at the asylum office can still win in court. Take care, Jason
Thanks for what you do, Jason. I cannot appreciate it enough. I literally had tears in my eye when reading these stories. A lot of us have similar stories to David. We want to do our best to help the new country we love. I am also a Biomedical Engineer, and also an Asylee, and I understand what it means to be in the frontlines. I just hope others in this county will see us for who are and also appreciate what we do to make the country a better place for every human being.
Thank you again.
There are many people like you. I have other clients, besides “David,” who are also on the front line, and it is very common to hear about foreign-born health workers (and workers in other sectors) doing their best to help their new country, even though their legal status here is uncertain. To me, our treatment of these same people is such a disgrace. I hope that we will see more stories like yours, and that will help convince people that mistreating immigrants is wrong and harms all of us. Thank you for your work and take care, Jason
Hey Jason
I am pretty close have a similar situation.
I came to the states 2016 my asylee case has been pending since then . I graduated from medical school in the Middle East. Now i am working as a resident in the frontlines in one of the hospitals in newyork. Treating patients with COVID 19 . Is there any way to expedite our interview to get rid of this stress considering our situation as a healthworkers fighting COVID 19 !! I don’t have a lawyer till now and i will appreciate your help .
Thanks
I have a doctor client in your situation and we are going to try that. As I told him, I am not optimistic it will work, but there is no harm in trying. We will get a report from a psychiatrist stating that the stress of the asylum case. in combination with the job, is creating health problems for him, and ask to expedite on that basis. In my experience, expediting for a health reason is the most likely to succeed, but even so, most expedite requests are denied. I wrote about expediting on March 30, 2017. Maybe that would help. Finally, thank you for your work and stay safe. Take care, Jason
David,
I am happy to hear that you got into residency and helping with the situation in the country right now.
I am also a foreign medical graduate and have my recently had my GC based on asylum.planning to apply for residency this year.would be great to ask you few questions about matching if you dont mind.