Horace Walpole famously observed that the world is a comedy to those who think, and a tragedy to those who feel. That about sums up my view of the Trump Administration’s immigration policies: They are so ludicrous and so removed from reality that they would be funny if it weren’t for the fact that people are dying. The most recent proposed regulation neatly fits into this dichotomy; it is as absurd as it is harmful.
Using the pandemic as an excuse, the Administration proposes expanding an existing bar–applicable to aliens deemed a “danger to the security of the United States”–to deny asylum to “aliens who potentially risk bringing in deadly infectious disease to, or facilitating its spread within, the United States.” As usual, the main targets of this latest policy are aliens seeking asylum at the Southern border, but other applicants might be effected as well. Also, unlike some of the prior bans, this one specifically targets non-citizens seeking protection under the United Nations Convention Against Torture.
Let’s start with the law. Under the Immigration and Nationality Act (“INA”), there are several “bars” to obtaining asylum. These bars prohibit granting asylum to aliens who (1) “ordered, incited, assisted, or otherwise participated” in the persecution of others on account of a protected ground; (2) were convicted of a “particularly serious crime”; (3) committed a “serious nonpolitical crime outside the United States”; (4) are a “danger to the security of the United States”; (5) are involved in terrorist-related activities; or (6) were “firmly resettled in another country prior to arriving in the United States.”
Do you notice anything about these different bars? Except for number 6, they all involve people doing bad things. While “danger to the security of the United States” could theoretically be interpreted to include sick people, when considered in relation to the other bars, that interpretation doesn’t make a lot of sense. Indeed, there is a principle of statutory construction called ejusdem generis, which basically says that when you have a list that contains a vague term, you should interpret that term consistent with other items on the list. The BIA famously invoked ejusdem generis (and called it a “well-established doctrine”) in Matter of Acosta, when it interpreted the meaning of particular social group. So it seems more than a small stretch for the Trump Administration to define “danger to the security of the United States” in such broad terms, and we can hold out some hope that this provision will be struck down because it violates the INA (and, by the way, the proposed regulation invokes similar logic to try to block people from obtaining Withholding of Removal).
Assuming the new rule goes into effect, what constitutes a danger to security? According to the proposed regulation, “In determining whether there are reasonable grounds for regarding an alien or a class of aliens as a danger to the security of the United States… the Secretary of Homeland Security may consider whether the alien exhibits symptoms consistent with being afflicted with any contagious or infectious disease or has come into contact with such disease, or whether the alien or class of aliens is coming from a country, or a political subdivision or region of that country, or has embarked at a place, where such disease is prevalent or epidemic.” So if an alien seems sick, or if she traveled through an area that the U.S. government believes contains an epidemic, she will be barred from asylum. Worse, this regulation gives the government the power to bar a “class of aliens” from asylum. Presumably, that would be aliens from a particular country, or who passed through a particular area.
While this rule applies to all asylum seekers, I suspect that if it is implemented, it will mostly affect those who arrive at the border (or an airport) and request protection. Such aliens undergo a credible fear interview (an initial evaluation of asylum eligibility). If the alien “passes” the credible fear interview, he can present his claim to an Immigration Judge, who then grants asylum, some other relief, or orders the person deported. Up until now, the asylum bars did not apply to credible fear interviews. However, under the proposed regulation, an alien subject to a bar would “fail” the credible fear interview and likely be deported. This means that if an alien comes from, or passes through, an area where an epidemic is prevalent, or if she appears sick, her request for protection in the U.S. will be automatically rejected.
Let’s think about this for a moment. Under this new rule, if a person was imprisoned, beaten and raped due to her political opinion, and then she escapes her country, she will be denied protection in the United States and sent home simply because she traveled through an area that is experiencing an epidemic. Even if she herself is not sick! How nice.
One last element of this proposed regulation that I want to discuss is the rule related to Convention Against Torture (“CAT”) relief. Under the CAT, the U.S. cannot return a person to a country where he will be tortured. There are essentially no exceptions to this rule. But the proposed regulation seeks to change this–
If the alien makes this showing [that he is more likely than not to suffer torture in the home country], then DHS can choose in its discretion to place the alien in [Immigration Court] proceedings… or return the alien to a third country under appropriate standards.
In other words, when the alien arrives at the border to request protection, she must show that it is “more likely than not” that she will be tortured in the home country. This is a very high standard of proof for someone just arriving in the U.S. who likely does not understand the asylum system or have access to a legal counsel. Further, even if the alien somehow manages to demonstrate that she will be tortured in the home country, DHS can simply choose to send her to a third country (and this can happen–the Trump Administration has bullied or convinced Guatemala to accept some asylum seekers). Basically, we get to wash our hand of our responsibility to protect torture survivors.
The only saving grace here is that this regulation is so poorly thought out that it is susceptible to a court challenge. Also, it seems to me that there is a much easier way to determine whether an asylum seeker is a “danger to the security of the United States” due to disease: Give him a test for that disease. If he is negative, there is no reason to bar him from asylum. If he is positive, maybe–I don’t know, this may sound crazy–help him get better. Treating human beings humanely. Sadly, it’s a novel concept in Trump’s America.
Hello Jason! Thanks for the updated information every time you post to help around every corner. I have my case transferred from Asylum office to Washington state. Any recommendation for an Attorney. Or do you serve this location. Thank you very much KD.
I can’t recommend lawyers here, and I do not know anyone in WA anyway. I can do a case there, but typically we find a local attorney for interviews that are far from my office (in DC). Maybe you want to check AILA.org. I think they have a referral page for lawyers in each state. Take care, Jason
Hi
My friend online message has been changed to ” the finger print have been applied to your case”. She came 2016, applied for Asylum 2017 and was referred to court this yr, now waiting for court to open for that case. She also later applied for the LRIF GC. She was told to wait to do finger print when the office open 4months ago. She later got a message or the LRIF GC that they will need more evidence.
While waiting for the mail to know what the evidence they need, she got another change online again that the finger print have been applied to your case”.
Yes, She did do finger print at the beginning to get EAD for the Asylum 3yrs ago. So we are sure its the finger print they are using since they are saying they already have her finger print?
What do you think going to happen next?
Will they still send the request for evidence even though the online message requesting for evidence anymore has change?
At this stage, is it a good path or sign about The GC?
Or do you think they will grant it for her?
She is really worry and hoping for grant.
Have you had experience of any of your client getting this far where their Fingerprint was accepted and they got turn down for any GC?
And do you think they will request interview if all the information are correct for the lady knowing that she’s from that country?
Please let us know. What do you think? Can she hope to celebrate for reaching this point after submitting all they requirement even though shes been in the US since 2016 and has a gud record?
Please sir hope to hear from you about this.
It is pretty common for USCIS to apply fingerprints in one case to another case, so the person does not need to be fingerprinted again, so this may just be a standard part of the process. I do not know how LRIF works for someone in Immigration Court. Normally, that person would need to either close the court case based on the pending GC application or get the GC from the Immigration Judge. The LRIF is a good law and so if she qualifies, she should be able to get the GC, either through the court or USCIS, but she should probably talk to a lawyer to determine how best to proceed given the pending court case. Take care, Jason
Jason, it seems like USCIS is using old fingerprints (even the “expired” ones) because of the pandemic and center closures. I know 2 people whose statuses recently updated to ‘finger prints applied to case’, or something to the effect. 1 of the two people did fingerprints about 3 years ago and the other about 22 months ago. They are both GC applicants.
It always baffled me as to why USCIS requests fingerprint appointments for every application you submit to them if your last appointment was done over 15 months. Why don’t they just use the last biometrics appointment? It’s not like an individual changes drastically in 2 or 3 years, or they can’t figure out if you committed crime(s) with the old fingerprints.
Agreed – the whole point of fingerprints is that they do not change, so you can identify people by them. Court have been re-using old fingerprints for several years and USCIS should do that more as well. Maybe that is one very small silver lining from the pandemic. Take care, Jason
Hi
For normal GC, what do you think the next step will be After finger print?
Will they stay required the evidence? Or Will the go on to interview? Medical or what do you think will happen after this when the officer reviewed the case? Do they always have to require medical before or after the interview? If they require medical after this stage, what happen next? Interview or final results? when at what stage can she expects final result? Or will they turn her down since she have a court hearing from them for another case Even with all the rules apply to the LRIF?
If the case is in court, I believe that USCIS does not have authority to give the GC – only the judge can do that. So the normal path would be for the judge to terminate the court case so she can adjust status (get the GC) with USCIS. Alternatively, the judge may be able to grant the GC, but I do not know the LRIF rule, and so I am not sure that the judge has that authority (I expect the judge can grant the GC, but I have never looked into that question). In terms of the medical exam, normally it is submitted prior to the interview or at the interview, or if the case is being decided in court, before or at the final court hearing. Take care, Jason
Hey jason
So according to this article you thing telling my officer that I’m recently diagnosed with hiv could bring me negative effect than it should help me to grant asylum ??????
I don’t think that. The proposed rule seeks to block people coming from areas where there is an epidemic; not to block people who are HIV+ (we used to have a rule excluding people with HIV, but that restriction ended in the early 2000s, if I remember correctly). Take care, Jason
Hi Jason. I applied for asylum in February of 2017 at the TX office. Given the change that happened to LIFO after I applied and everything happening, what is a realistic timeframe I can expect to get my first interview with USCIS(I applied within a year of my entry) . Would it be realistic to expect an interview in the next 12 months. Has anyone else who applied at the TX received an interview notice recently? TIA
There is just no way to know. I haven’t had a case interviewed in Texas for a couple years, so I am also not so familiar with that office, but everything is slow and unpredictable, and I imagine it is worse there, since the coronavirus is apparently running rampant in Texas. You can always ask to expedite a case – I wrote about that on March 30, 2017. Maybe that would work (though I do think now is not a great time to expedite, since they are working at a limited capacity; on the other hand, you never know what might work and there is no harm in trying). Take care, Jason
x
Decision Was Mailed
We reached a decision in your case. You should expect to receive the decision in the mail shortly. You must follow the instructions in your decision letter as to what you should do next.
This is what I see on case status page. I didn’t get the mail yet. This feels like it will be a negative outcome to me🥺 Anyone who saw this message before?
Certainly not! They don’t mention the decision result in the online status. You should be patience. It usually takes 3 to 5 business days. Wish you the best!
Hi Jason.
My ex husband served 12 years in prison, than was transferred to detention facility to be deported. He went before the judge and was granted a CAT deferral. He stayed in detention 6 months and is no longer in detention since a few days ago.
We were married for only 3 years many years ago. He remarried 5 years after our divorce, had kids and we lost contact. His family never accepted me because I wasn’t from the old country, so I lost contact with them also. I moved out of state to be closer to my family.
My ex and I still loved each other but moved on due to cultural differences his family couldn’t get past. So, I cannot contact his wife or family to find out if he has been deported elsewhere, if he possibly passed away as he had many comorbidities, or if somehow he was released.
It has just been maybe 10 days since the detainee locator shows he is no longer in the system. I just want to know if he is OK.
I am hoping he was released to his wife and kids.
What usually happens to CAT deferrals when they no longer show up as being detained? He is from an upper mid west state but was detained in the deep south.
An educated guess would be appreciated.
Thankyou.
Normally, unless the US government believes (and can demonstrate) that a person with CAT is a danger to the community, he will be released within 6 months of the CAT approval. Based on a Supreme Court ruling, the government can only hold CAT grantees 6 months (during which time they look for a third country to deport them to, but this is almost never possible). After that, unless the person is a danger to the community, they must be released, and so this is certainly a possible outcome in your ex’s case, especially since the time frame seems to correspond with the 6-month rule. Take care, Jason
Why are you concluding it will be a negative outcome? I believe it is standard, and not an indication of the decision on your case.
Maybe you should check your clock to see if it is running or stopped, depending on if you are in status, or out of status.
Since it says “follow the instructions on What you should do next”. There is not much to do if you’re approved; but in case of rejection you have to do something about court processes I guess. Also I heard that if you’re approved, case status is something about ‘ your new card is on the way’ or something regarding to new EAD.
Sammy,
Two people have asked about your timeline, and center, but I have not seen that you responded.
If you can please answer their questions, because these days,any little information,for approved cases could lift someone’s spirit.
You don’t have to answer the question, but it will just be a nice thing to do, because we are here to support one another.
Clock is stopped! I remember it being a good thing right? Please
Congratulations, I guess!
If you are approved, there are instructions. How to access assistance, and helpful resources.
If you are declined, instructions too..
Let us know please.
All the best!
Hopefully, but you really have to wait for the letter. Good luck, Jason
Approval!!!! It arrived today to lawyer’s office 😊😭😬
Obviously the my clock is still running
Congratulation, I really happy for you 💃🏻💃🏻
Congratulations! Thank you for sharing the great news (it is always extra nice to get good news on a Friday afternoon). Best of luck in the USA! Jason
Congratssss Sammy; Can you plz share your timeline of when did you file, got interviewed and what is your center? Thank youu
Oh Sammy. I hate to say I told you so😂😂😂.
Jason, I have become the predictor in chief on the asylumist.
I am so excited for you Sammy.
Congrats!
You keep predicting and I’ll keep downplaying because I don’t want to jinx anybody – hopefully, that technique will keep working. Take care, Jason
Hi Sammy; Can you plz share your timeline of when did you file, got interviewed and what is your center? I would appreciate it if you could
That does not indicate anything good or bad, except that they are mailing a decision. Good luck, Jason
I saw the same on my status and in the mail l’m refered to court
Hey hey ho ho fu*k uscis and Donald Trump !
Hi Jason, I want to know how much you charge it I want to file a writ of mandamus against USCIS?
How to contact you?
Thank you
I do not do such cases. My law partner may start doing them – you can contact him at TPilcher@DzubowLaw.com. Take care, Jason
Thank you
hi Jason
1 } I got my individual hearing on this September 2020 in San Francisco, do you or anybody know that .are they open for the hearing I have been waiting from 6 years they already change my hearing 3 times previously
2} my husband filled an i730 petition last year December we did not get any reply from them. do you know how long this petition take. we filled throw Nebraska service center
There is no way to know whether they will be open in September, but many Individual Hearings are going forward, so hopefully yours will. 2 – If that is for you, you probably want to inform the court and pursue the I-730 instead of your own asylum case. Talk to a lawyer about that. As for the time frame, I do not know (you can check processing times at http://www.uscis.gov, but that is not terribly accurate), but you certainly should have the receipt by now. Take care, Jason
Hi Jason,
with this current situation how can re-apply for asylum after the first application got denied after interview. should we send the application to the local asylum office by mail or we should go in person to re-apply, but the problem is that they will not allow to anyone go to asylum office. what is your opinion about this issue?
thank you
You should email the local office and ask what is best. You can find their email if you follow the link at right called Asylum Office Locator. If you mail it, include a stamped, self-addressed envelope and a copy of the first page of the I-589. You can ask them to stamp the I-589 and mail it back to you (this is what you would get from them if you filed in person). It is important to have that evidence. You will probably also have to follow up with them by email to make sure the case is in the queue for an interview. Take care, Jason
So…hearing you say that. Can a person theoretically re-apply for asylum everytime s/he is denied (and I am sure everytime there will be new added situations) ? 😮 So theoretically s/he can forever be in asylum seeking status ?
Theoretically, but not realistically. You can only do that for as long as you are “in status”. Plus, second (or third) applications tend to be denied, unless there is a major change in the case. Take care, Jason
Hi Jason, my school insist on terminating my F1 because I was found working using c08 ead. What should I do to reduce the damage when they terminate? Does ICE detain people without status but with a pending asylum app in the asylum office? I’m so scared to lose status at this time.
Do you need F-1 status in order to continue your studies? You can enroll in your classes with your pending asylum case can’t you?
Next hope, how cloud they find you work on your asylum work permit?
I would ask them for the legal basis for the termination. It seems to me that there is none – you have the legal ability to work, given your EAD. Why do they think that is in conflict with the F-1? There may be a basis to terminate, but I would want them to put it in writing. If they do terminate, you should be able to continue in school with an EAD (many schools enroll people with an EAD, though maybe you want to find a different school that treats you a bit better). Otherwise, there should be no effect – you are legally allowed to remain in the US based on the pending asylum, even if the F-1 status is terminated, and there is no reason for you to be detained (and I have never heard of anyone in your situation being detained). The only issue is that if you do not have F-1 status, you are more limited in your ability to change to another status and if you lose your asylum case, you will be sent to Immigration Court, as opposed to getting a final denial from the Asylum Office (many people prefer to go to court anyway, so this may not even be a disadvantage). Take care, Jason
Hi Jason, thank you for responding. Their “basis” is that since F1 does not allow off campus employment unless its CPT authorized, and I worked with c08 without CPT, so they said I failed to maintain my F1 and need to terminate my status.
I would be interested to see the regulation, and to know how that rule interacts with the fact that you have legal authorization to work. I certainly could be wrong, but if you want to argue about it, you might press them on this point. Take care, Jason
But then again. How did they find out. Did you tell someone and the backstabber told the school ?
Hi Jason,
Do you have any idea when Application Center reopen to do biometric, I apply for travel document on April.
Thank you
I do not know, but some offices are reopening, in a limited capacity, and so you would think biometrics offices would open soon too. Take care, Jason
Hi All,
Does anybody have idea how long it takes to get the receipt for I-485 , my documents reached at phoenix lock-box today .please share me the timeline for this process.
thanks,
John
John – it took exactly 2 weeks (receipt date Jun 19) from the day it reached Phoenix lockbox (Jun 5) for me. Good luck.
Mine took two weeks included the date of biometric.
Ellie – Was it before the pandemic began?
Mine did not include the biometrics appointment.
Maybe I am too much of a pessimist, but I think most of our receipts were slower than that. Take care, Jason
Receipts have been a bit slower – maybe 4 to 6 weeks. It’s hard to say. Take care, Jason
Hi Jason, i assume you file your client applications to TSC as it seems slower than other centers, mine is almost reaching 3 weeks without seeing the money withdrawn from my bank acct.
Thanks,
We file at different locations, and wait times are very unpredictable. You can try calling USCIS to inquire: 800-375-5283. Maybe they can assist. Otherwise, I am not sure what else you can do except wait for the receipt or see if the case is rejected. Take care, Jason
Jason thank you for your kindness, patience and dedication. Thank you for answering every question asked. Sometimes we get so desperate and ask same questions repeatedly in the hope of some positive developments, you still keep on answering us and politely so too.
I like repeat questions – it gives the illusion that I know something, when in fact, I can only really answer one or two basic questions. Take care, Jason
Hi Jason. I am a pending asylum applicant. I had an interview about 5 months ago. I have also received my EAD. I was cited and charged for a 5th degree theft charge (simple misdemeanor) about 3 years ago, I plead not guilty and the court dimissed my case without any conviction or admission of guilt. I disclosed this to USCIS while applying for Asylum and the officer also asked about it. As even arrest records and dismissed cases show up in background checks by employers, I am thinking about sealing/expunging my record. There are many information on the web that recommend against sealing records for non-citizens. I want to know your idea on that. I can request to get as many certified documents from the court about my case and final disposition before asking them to seal it and provide those to immigration agencies in future immigration applications. I want to kindly ask for your idea on this. Does sealing my record have negative effect on my immigration application?
I do not know why expunging or sealing the record would have a negative effect. It seems to me that the only issue is that you can produce a certified copy of the disposition if needed, and if you have that, you should be fine. Take care, Jason
Jason I recently came across the exposé by a journalist she talks about how USCIS has shut down the plants that prints documents , how can we make them accountable ? They are soon to get the bailout but this “issue” has been going on for too long , and they’ve kept it quite . I don’t think this is “money issue”. We need to make them accountable and raise our voices
There is a bill in Congress that seeks to fund USCIS and hold them accountable (I forget the name, but I think it is in the House). Call your Congressperson and ask them to fund the agency and require accountability. Take care, Jason
Hi Jason,
How do Pro Bono attorneys Get Paid for their legal work?
Thank you
Pro bono attorneys do the work for free – they are volunteers (a/k/a suckers!). Take care, Jason
Jason your reply indicates that you don’t like to be a sucker…
@Loy ???????
Sucker means…low quality of representation … 😥…what should I do if I have no money…
Most pro bono lawyers are excellent – they are volunteering because they care about the case. If you get one, you are lucky. I did a post about finding a pro bono lawyer on September 22, 2016. Take care, Jason
If the attorney works for a nonprofit or a very large law firm their salary will come from grants and donations (nonprofit) or out of the law firm’s overall budget (some of the profit that they make in cases from paying clients is used for the salaries of attorneys who represent pro bono clients). For smaller firms it is the attorney donating their time and resources (postage, paper for copies, etc.) while hopefully bringing in enough business from paying clients to keep the lights on.
I know Jason’s reply was tongue-in-cheek, but pro bono attorneys are definitely not suckers! They’re using their expertise to help people access the immigration system and playing a small role by making sure at least one person isn’t denied justice/a fair hearing simply because they couldn’t afford a lawyer. (Note: it’s of course possible to have a fair hearing and win your case without an attorney, but statistically across all immigration court cases it makes a huge difference.)
Maybe I shouldn’t make such jokes – I am currently working on an article for the ABA to try to encourage more lawyer to do PB asylum cases. It is very rewarding and interesting work. I am lucky that I get to do such cases and make vast sums of money at the same time. Take care, Jason
When I saw your response, I knew it was a joke, but this joke, Jason, might have been delivered to a wrong audience.
The time you dedicate to answering questions here makes you a “sucker” of sort too.
lolzz, I second Tina, some times the sucker who joke sucks the ppl 🙂 Whatever Jason is doing since last so many years it is enough PB. My lawyer when I first met her, she took $200 for a 10 min consultation, and the replies were already here in this forum, explained by Jason. So in that case, we asylum applicants are saving thousands of $$$ asking questions and getting free legal advice ……;)
No question about my sucker-tude. Sad. Take care, Jason
Reading Irresistible revolution by Shane Claiborne, I think being a big sucker simplifies, and gives life a purpose.
Thanks for recommending.
That’s a great book – and he lives in Philly, so that is a bonus. Enjoy, Jason
Hey Jason- I am an asylee and I applied for my GC on January (after a 1 year granted asylum). Should I be worried during this process? It took 15 months I received approval. Have you had a case that needed to do another interview for GC (485)? Thanks-
Hello Guys! How long did it take you to receive EAD?
Mine in process from April 1st ( 104 days ) and still nothing.
My old EAD is expiring in 1 month.
Apparently, there is a funding issue at USCIS that is affecting printing new EADs. I am not sure whether that is resolved, but even aside from that, renewals were taking maybe 4 to 7 months. Take care, Jason
Does the receipt still work to automatically extend the EAD for 180 days? I have to renew mine due to wait for a pending 485.
Not for all categories, but for a-5 (asylum granted), it works. Take care, Jason
Jason,
Are you saying the receipt no longer extends expired EAD category co8 for 180 days?
I am in big trouble then.
Not at all – the receipt for a c-8 EAD extends the old card by 180 days. Take care, Jason
Is this one of the new changes?
Hi, we applied for EAD renewal on mid-March, received the cards last week. Hope you will get yours soon.
got my renewal receipt on January 13th, still no EAD. I have moved to my 180 day extension window but i am super nervous because it is taking really long for some reason.
USCIS announced that they would interview all GC applicants. That never happened, but some have been interviewed. I do not know how they choose who to interview. The GC process is very slow – I think posted USCIS processing times are 1 to 3 years, and we routinely saw cases take about 1.5 years before the pandemic. Take care, Jason
Hello Jason,
Is the GC applicant interview announcement is a new policy that was announced by UCSCIS ?
Regards,
It’s not so new – maybe a year or two old. But despite the announcement, not all applicants are being interviewed. Take care, Jason
Hi Jason,
Do you have any news about the Arlington Asylum Office. When are they planing to start interviewing people at full capacity. On a related question, before the pandemic, was the asylum office a particularly congested place (with applicants).
They are interviewing very limited numbers of people. Each person is in a room by himself with an ipad, and they do the interviews remotely. There is no news about when they will return to full capacity and I doubt that will happen anytime soon. Under “normal” circumstances, they should be crowded and interviews take place with 2 to 5 people in a small room. The problem is, there were never really “normal” circumstances in recent years, as most officers were focused on interviewing people at the Southern border, and so it was pretty common for them to be doing few in-person interviews even before coronavirus. They had hired many new officers, so that was changing, but then the pandemic arrived and stopped everything until recently. Take care, Jason
Hello to everybody, had someone had any individual hearing these days if yes let me know how was that? and if any hearing is being responded?, mine is on this coming Decemebr i amd very nervius i do not want mine get postponed.
thank you.
It’s really not possible to know where things will be in December. In my local area, courts are reopening, but not all cases are going forward. Take care, Jason
Hello Jason!
Thank you for your great effort on immigration. I’m a green card holder but do not have to file tax. Do you believe there is any chance that receiving stimulus check would affect getting my citizenship in the future?
Thank you!
My understanding is that as long as you receive the check legitimately, there should be no effect on your immigration case. That is certainly true for asylees, who are not subject to the public charge rule. If you are seeking status through some other path (not based on asylum), you might double check with a lawyer, but I think there is no problem. Take care, Jason
Hi Jason.
One more Executive order on the way In August , I think president doesn’t have any other work he always torture immigrants .
https://thehill.com/homenews/administration/506844-trump-says-hell-sign-order-with-road-to-citizenship-for-daca?amp
Thanks
John
HeyJohn,
That seems good news for DACA recipients! Unless it’s politically motivated! I read this news on Breitbart.com and the President supporters are mad about it [I read some comments]🙂
If he does, might be his road map to November victory. He knows what he is doing. It’s all a political game. Daca is a good pawn.
By the way, Daca was on the campaign agenda at rose garden today.
This may be something positive for DACA people. We shall see, but I do not know that he has the authority to grant a “road to citizenship” for people with DACA. Take care, Jason
Even after being granted asylum I am so scared of the continuous changes. My green card is pending but I feel so insecure. I really don’t know what to do.
There is not much you can do, but there is no real threat to people who have asylum, and I have not seen anyone have problems. If USCIS determines that your asylum case was fake, that would create issues, but that has always been the case and it is not very common. Take care, Jason
Thank you Jason.
Hi Jason,
does president have power to make major changes in immigration Law through executive order as this man claims recently? or he wants to circumvent the law
He can make changes that are consistent with the law, but he cannot make changes that go outside the law or are not consistent with existing law. The law as it exists gives the President pretty broad authority, and that is what he has been using to issue the numerous Executive Orders related to immigration, some of which have been blocked because they violate the law; most others have gone through, at least at the Supreme Court level, since that court seems to have an expansive view of Presidential authority vis-a-visa the immigration law. Take care, Jason
Hi Jason,
Do you have any comments on “road to citizenship for DACA”?
Also, is there could be any chance for us, who’s waiting more than 4-5 years for the interview, to get some kind of amnesty? Maybe you can recommend it to a court or should we write a letter to Congress ? I feel so desperate recently. A friend of my friend had an interview scheduled for June or July 2020, and with covid19 it’s been rescheduled to July 2021. Any advice? Thank you
https://www.nationalreview.com/news/ted-cruz-slams-trumps-road-to-citizenship-claim-for-pending-daca-executive-order/
We’ll have to wait and see what the EO looks like (if it ever happens). I don’t see how the President has authority to do that, but this White House seems to think the President has authority to do whatever he pleases, so we’ll see. In terms of long-pending cases, unless the person qualifies for DACA, I do not see how this would have any effect, and I do not see any political movement to give relief to such people, at least not under the current Administration. Take care, Jason
Hi Jason,
Do you think these new regulations would have adverse effect on those who filed for asylum based on FGM? Reading through the regulations I think it doesn’t really have an effect but I want your expert opinion.
Thank you
My thought was that except as they impact everyone (such as discretionary denials for passing through a third country), they do not affect FGM cases. Take care, Jason
Hi Jason,
A month ago my attorney filed for my I-485 (based on approved asylum after 1-yr) along with I-765 for EAD, which still has about an year validity. The USCIS case status for I-765 has been updated to “fingerprints were taken” although I didn’t attend a new biometric appointment, however the I-485 case status is still “fingerprint fee was received”.
My questions: 1. Are the fingerprints info used for I-765 & I-485 the same?
2. If so, since I applied for EAD extension way in advance and if that gets rejected, would that have any impact on my I-485 application?
Thanks.
I sent my application two weeks ago to texas service center, and till now i didn’t see the money taken out from my Bank account and didn’t receive any receipt number, how long it took you to receive a receipt number from the filing date and when did USCIS cashed the money from your bank account ?
USCIS usually takes a few weeks to cash the check, but everything is a mess now, and so it is hard to say how long things take these days. Also, the TSC changed its address recently, and I do not know if that is contributing to the delay. I would expect you would have a receipt within another 3 or 4 weeks, and the money should be taken from your account sooner than that. If there is no news, you can always try calling USCIS to inquire: 800-375-5283. Take care, Jason
1 – I presume you applied for an a-5 EAD (category a-5 is asylum granted)? If so, I think this is a separate application and fee from the I-485. We used to file everything together, but then USCIS rejected the a-5 EAD application and would not accept the I-485 fee in lieu of payment for that EAD. Hopefully, you will have better luck, as I have heard that USCIS does sometimes accept the I-485 fee for an a-5 EAD. I do not remember whether they need separate fingerprint appointments for both – for a c-9 EAD, they do one fingerprint appointment for both. 2 – If the EAD is denied, it should have no effect on the I-485 (and you can just apply for the EAD renewal in the normal time frame and pay the fee or request a fee waiver). Take care, Jason
Hello Jasón , I would like to share this link with you >> https://twitter.com/crampell/status/1281372966778032128?s=21
It talks about something very important and might explain why USCIS takes forever to print green cards or work permits , it seems that they have shut down the plants with the machines that print out those documents
That one was news to me. Not surprising, but yet another disgrace (and another lie) in a long string of lies and disgraces. Take care, Jason
Well, thats shocking to hear. Looks like I’m in for a long wait, since my lawyer surprisingly just mailed my i485 application just last week. He didn’t do it until I sent him the additional payment. He could have easily emailed me back and said, ok, got everything, just need you to complete the payment for my services and I will send it off. Future applications like citizenship, I’m doing through a non-profit or other entity.
How is one person so heartless?
So this administration is torn between “this virus is very minute and we should open up the country and not wear masks!” and “this is a deadly and dangerous virus and we need to protect ourselves and close our borders!”
If they would like to make effective change that would help keep america “safe from foreign threats,” they could possibly ask all immigrant applicants, including asylum applicants, to submit form I-693, Report of Medical Examination and Vaccination Record along with their initial application for asylum or adjustment of status. Theoretically, and asylum applicant can live in the US without ever applying for permanent residency (even though its in their best interest). In this scenario, the alien would be living amongst Americans without ever being checked for possible health conditions (since they don’t need to submit form I-693). It’s also not that serious most of the time should you test positive. In fact, I failed my own medical exam by testing positive for a disease that bars me from adjusting my status. Fortunately is was a quick fix. The situation we’re currently in is no different. If you call yourself to be the leader of the movement of “making america again,” then you better start issuing real federal guidelines that are not only reasonable, but that also represents the first world country we claim to be. Closing the borders and ignoring facts while embracing fears is the most unAmerican thing I have ever heard of in my life.
It’s all about ignore facts and simply throwing bombs (figuratively, so far). Take care, Jason
Hi Jason
IAll respect and appreciation for your work supporting asylum community.
I have 2questions.if you don’t mind.
First:-is it s allowed to apply for advance parole while wating for immigration court hearings?
Second:-EAD renewal application is it it sent to the immigration court or directly to the USCIS ?
Third:-After USCIS reduces its workforce,To apply for EAD renewal When does.one have to apply in advance before EAD expiration date ?.Ipreviously it was 4-6 months.
1 – You can apply for it, but the problem is that if you use it, you risk being blocked from returning. The issue is that if you are in Immigration Court and you leave the US (even with AP), you will have deported yourself. There are some exception (for example, clients with TPS have traveled with AP and returned while in court), but you do risk being unable to come back, and we advise people in court that they cannot travel and return, even with AP. 2 – To USCIS. If you look at the I-765 web page at http://www.uscis.gov, it gives you the address. 3 – You can apply up to 180 days before the old card expires; that has not changed. Take care, Jason
Hi Jason,
my asylum case has been pending for almost five years. I have plan to marriage with my fiance who is GC holder and preparing for apply for citizenship in next 3 months. in addition of pending asylum my school’s i20 form is active until next two years despite the fact that I used my asylum work permit to work for a period of time. can I apply for green card this month or I have to wait until my wife become citizen since the process of citizenship status in these days is very time consuming.
If you are in lawful status, and your category (spouse of an LPR) is current, you should be able to apply while your spouse still has a GC. However, you should talk to a lawyer about this, as USCIS could potentially consider you out of F-1 status simply because you filed for asylum, or maybe because you worked with the asylum-pending EAD. I have not seen that happen, but USCIS is always looking for creative ways to deny cases, and so there is some risk. I have not looked into this, and it would be worthwhile having a lawyer look into it before you spend lots of money on a GC (however, I fear there may not be a definitive answer, but it is worth checking). Take care, Jason
Hi Jason,
we live in the era of regulations. this new regulation just apply for people who files after effective date or will apply to all pending cases as well?
thanks
If I recall, it will only apply to people who apply after the effective date, and we do not know what that will be. I think the rule has not even been officially announced yet, and then it has to go through a comment period and be implemented. So it may not go into effect for a while (and it may be blocked by a court). Take care, Jason
Thanks for this Jason. I suspect we may be seeing a law or amendment removing the United Nations Convention Against Torture from implementation in the USA because of some old and new reasons.
” Now, it may get bigger, it may get a little bigger. It may not get bigger at all. We’ll see what happens. But regardless of what happens, we are totally prepared.” Quoted: President Trump.
The above quote that was for COVID-19 may apply to the amendments of the regulations on immigrants too.
I doubt the CAT will go anywhere, as that takes an act of Congress. But the Trump Administration is doing its best to nullify our humanitarian law using the bureaucracy (which is supposed to help implement the law, not subvert it). Take care, Jason
Thank you Jason for the post. When it suits him he claims the virus is 99% harmless. In the next breath he shuts out immigrants citing the same virus as dangerous.
As the Fonz would say, Exact-a-mundo. Take care, Jason