The Master Calendar Hearing–where dozens of people are squeezed into a room and forced to wait for hours in order to talk to a Judge for two minutes–has always been a headache and a waste of time. Now, though, as the coronavirus pandemic continues unabated, attending an MCH seems downright dangerous (lucky for us, we have an associate attorney who covers our MCHs – Don’t forget to wash your hands when (if) you get back!). I’ve written before about alternatives to the MCH, and given the expanding pandemic and the need for social distancing, now seems a good time to re-visit some of these ideas.
Before we get to that, I should mention that MCHs are not the only place where groups of non-citizens are packed together against their will. Far worse are our nation’s ICE detention facilities and private prisons, where conditions were already quite bleak (in the two years before the pandemic, 21 people died in ICE custody). Unfortunately, ICE has not taken effective action to protect detained asylum seekers and other non-citizens from the pandemic (at one facility in Virginia, for example, nearly 75% of detainees tested positive for COVID-19), and the agency seems to have little regard for the health of its detainees (or staff). As a colleague aptly notes, Anne Frank did not die in a gas chamber; she most likely died from typhus, which was epidemic in her detention camp.
Also, it’s worth noting that the National Association of Immigration Judges (the judges’ union) has been working hard for safer conditions in our nation’s Immigration Courts, even if EOIR management has been hostile to some of those efforts. Currently, non-detained MCHs have been suspended, but so far, there is no EOIR-wide policy for what to do instead. Some Immigration Judges and individual courts have made it easier to submit written statements in lieu of MCHs, but the process is still needlessly awkward and time consuming.
While we need a short-term fix so that MCHs can go forward during the pandemic, here I want to talk about longer-term solutions. Below are a few ideas for replacing in-person MCHs. While these ideas may not work in all cases, they will help most respondents (and their attorneys) avoid attending MCHs. This would save time and money for people in court, and would also save time and resources for the courts themselves, and for DHS. In addition, reducing the need to appear in person would help prevent the spread of disease. In short, doing away with MCHs is an all around win. So without further ado, here are some ideas to get rid of those pesky Master Calendar Hearings–
e-Master Calendar Hearings: EOIR–the Executive Office for Immigration Review, the office that oversees our nation’s Immigration Courts–has been working towards electronic filing for decades, and in some courts, limited online filing is available. Given that the infrastructure is being put into place for online filing, EOIR should create an online MCH. There already exists a system for written MCHs, but this is a huge pain in the neck. It involves a burdensome amount of paperwork, and judges don’t always respond to the documents we file. This means that we lawyers do double work–we submit everything in writing and we have to attend the MCH. Given how unreliable it is, many attorneys (including yours truly) would rather attend the MCH than try to do it in writing.
An effective and reliable e-MCH would be easy to use and efficient. Most cases fit a clear pattern: Admit the allegations, concede the charge(s), indicate the relief sought and language spoken, designate the country of removal, and obtain a date for the Individual Hearing. For attorneys and accredited representatives who are registered with EOIR, this could all easily be accomplished through an online form, thus saving time for all involved.
Orientation Sessions for Unrepresented Respondents: One difficulty during the typical MCH is attending to unrepresented respondents. People who come to court without a lawyer tend to take more time than people who have attorneys. This is because the attorneys (usually) know what is expected at the MCH and are (hopefully) ready to proceed. For people without lawyers, the Immigration Judge (“IJ”) needs to explain what is going on, often through an interpreter. All this takes time and seems like busy work for the IJ (who often has to repeat the same litany multiple times during each MCH). Why not provide pre-MCHs with court staff instead of judges? There, unrepresented respondents can received a basic orientation about the process and be encouraged to find a lawyer. These sessions could be organized by language. Respondents who indicate that they will return with a lawyer can be given a deadline by which the lawyer can either submit the necessary information online (if e-MCHs have been implemented) or come to court if need be. Respondents who will not use a lawyer can be given a date to return for an in-person MCH with a judge. Even if e-MCHs are not implemented, having an orientation session would save significant time for judges and would make MCHs more efficient.
Empower DHS: In Immigration Court, the “prosecutor” works for the Department of Homeland Security (“DHS”). Most DHS attorneys are overwhelmed and overworked. They have little time to review cases in advance or to speak with opposing counsel prior to the MCH or the Individual Hearing. What if there were more DHS attorneys? What if we could pre-try cases, narrow issues, and maybe even hold depositions? If issues could be hashed out ahead of time, we could shorten or eliminate the need for a MCH, and we could make Individual Hearings more efficient.
All this seems pretty basic. The Immigration Courts are overwhelmed. Reducing or eliminating MCHs will free up judges to do substantive work. It will also save time for DHS, respondents, and their attorneys. And of course, given our new normal with the coronavirus, it will help keep everyone safe. Changes to the MCH system are long overdue, and are especially urgent due to the pandemic. Let’s hope that EOIR can finally rise to the occasion.
Hello Jason,
I am done with interview about 7 month ago, now I got another notice, that your interview has been scheduled..
What should be the possible reason for second interview? Is it normal to have two interviews ?
There are many possible reasons – your asylum officer quit and did not finish the case, they forgot to ask you something, there are new developments with your case or your country. You should prepare as if this was a first interview, and also try to review what happened at the first interview, so you can testify consistently with your prior testimony. If you have new evidence or update country conditions, you can submit that. Take care, Jason
Hello Jason,
Thanks for helping us and really appreciate your work. My court appearance will be next month 21st in Los Angeles. Are they working still or closed for Covid? I couldn’t track from their website and phone numbers.
Things keep changing. You can Google “DOJ EOIR” and find the operating status of each court. Even if they are open, they are often not at full capacity, and so while you need to prepare for your hearing, there is no way to know for sure that it will go forward. Take care, Jason
Hi Jason
Am I allowed to enroll for a university degree while i have a pending asylum case? Are there any rules with regards to pursuing tertiary education here in America while one is an asylee?
Thank you 😊
Hi,
I also have a pending asylum case. I submitted my case in June 2016. You can easily start your school/college. I am from California, so they count us as residents. That’s why they didn’t asked me for IELTS or GRE. We also bought a house last year. I think you can do many things but can’t join any sensitive jobs.
Good luck!
Luna
Thanks Luna, i also applied in June 2016!
If you have a work permit, most universities allow you to enroll. However, usually, you will pay out of state tuition. Check with the university for sure, and to see if there is any scholarship money available or in-state discount. Take care, Jason
Hello Jason,
Question regarding EAD. I have approved asylum and submitted GC application 2 months ago) . I am planning to apply for EAD renewal if it has 180 days left to expire and GC is still not approved. In that case what would my category in EAD application be? Should I use A5 (Granted asylum) or C9 (pending adjustment of status)?
Thank you
In this situation, we use a-5. Also, renewing in the same category give you the benefit of the automatic 180-day extension. If you could file under c-9 (I think you cannot, but I am not sure), you would not get this extension of your existing card. Take care, Jason
Hi Jason,
I have a valid TPS and my asylum is currently pending in court for master hearing which will be in another 3 years and I don’t know about the individual hearing maybe in another 6 years. I applied in 2014.
My sister is having a baby in a third country. Am I able to visit which valid TPS even though my asylum case is in court.
Can my employer sponsor me if I have a valid TPS? Can I go through this route and drop the asylum? Please advise.
I have had clients travel and returning using their TPS Advance Parole while they had a pending court case. I have not read any rules about that, and just because I know examples of people who did it before, does not mean it will work now. That said, I know it has been done. If you want to be on the safe side, have a lawyer research whether there are any regulations or USCIS memos offering guidance on this questions. It would be good to be more certain before you travel, and it would be good to have copies of any rules with you, so you can show the CBP officer if needed when you return. As for sponsorship, I do not know that either, as I have not done such a case. However, I believe as long as you have a valid entry (with inspection) into the US, you can adjust status based on an employment or family petition. If you have this option, it may be worth looking into. Have a lawyer map out (in writing) how you will get from where you are now to having a GC. Also, what will be done about the court case (presumably, you would file a motion to terminate at some point in the process). Take care, Jason
Hello Jason ,I Am Lebanese & have a pending asylum case Do u think what happened in Lebanon will make my Asylum case Stronger ?
Yes , sure it will help u, u can update ur case anytime, and send them more documents, send them pictures where ur house or business get damaged too, and write them updates for ur story, and send it by fax, and mail, and email
Don’t mislead them. What happened in Lebanon has nothing to do do with the definition of asylum. Therefore the only way he can use that as a reason is when he wants to EXPEDITE his case. In my opinion that’s would be a great reason to back up his request. Good luck
Potentially – if it causes country conditions to further deteriorate, which unfortunately, it might. In any case, once it is close to your trial or interview, you will see where things stand in Lebanon and submit up-to-date country condition information, and so you will see what the situation is like at that time. Take care, Jason
Thank u Jason , am I eligible for expedited interview?
Anyone can ask for an expedited interview. If you have a spouse and/or minor children who are suffering in Lebanon, that is a reason to expedite. I wrote about expediting on March 30, 2017. However, given that the asylum offices are not operating at full capacity, now is probably a difficult time to expedite. But you can try. Take care, Jason
Hi Jason, I would like to thank you so much for your kindness and act as a mentor for us. really appreciated. I am a pending asylee since December 2016, waiting for my first interview. Totally frustrated being waiting for that long time. My question is- My sister who is already US citizen through DV Visa. She applied for me on April 2012 with family petition and my case shows its gonna be take 2 n half years more, so is there anyway that I can change my status or adjust through this family petition? Do I have to leave this country? Let me know please. As far as I know I can not change or adjust my current status because of pending Asylum but my sister wants to know the exact answer from you. My attorney is not helpful at all, he is not even care for us. Whatever I know about Asylum thing’s its from you! Thanks a lot! You’re awesome! May Allah bless You!
Yes u can apply even if ur pending asylum, but it takes , up to 15 years !!!, and if u get it from ur sister u should leave and come back
Thank you for the kind words. I did a blog post on August 28, 2018, which might help, but in most cases, you would need to leave the US to get a GC based on your sister (and in some cases, it is not possible to get the GC overseas and return). There is an exception (called INA 245(i)) that I think I discuss in that post, where a person can get the GC without leaving the US, but that is very rare these days. Your best bet is probably to talk to another lawyer who can advise you about whether that application might help you. Take care, Jason
Dear Jason.
First, thank you for all your help that you put here. Second, I am actually having a lawyer-client issue: An NGO took my asylum case and its lawyer took it as a pro bono case. My asylum was granted and then I wanted to apply for a RTL. I emailed the organization twice and got not response. it has been a month that they are not responding to any of my emails or calls. They just told me that they will get back to me and never did. I am worried about what should I do especially that I never paid the lawyer of the organization who provided me this service for free and I think it would be very bad to sue for malpractice. Should I tell them if I am paying another lawyer to submit my I-131? I can also file it out and send it myself but I was wondering about the lawyer position regarding that.
Thank you so much!
Hi Lost,
I am not Jason, but I think you are right.Suing a” Not for profit” that helped you in a time of need for ‘malpractice’ will be a little extreme.
With the pandemic that has slowed down almost everything, and the immigration workload for most attorneys, including organizations like the one that helped you, a little patience would be a huge show of gratitude in my opinion.
I will just continue to follow up with them, or get another lawyer, and write to notify them.
Just my 2 cents. Wait for Jason’s response please.
Exactly Tina. I think they are being overwhelmed by cases. It is just that it is the first time that they did not get back to me for more than a month for something that I informed them that it is “important” . I will also wait for Jason’s opinion. Thank you !
TINA, not only that-and I am assuming that when LOST said “RTL” s/he meant to say “RTD”- but suing the lawyer would be a waste of time and possibly money. From my experience, most pro bono lawyers’ job ends when the applicant is granted asylum. We are assuming that the lawyer/organization never made a mistake(s) when filing the I-589 application, nor does the applicant need something to be clarified that is related to his/her asylum applicaton. We are also assuming that the organization/lawyer never held on to the client’s original document, nor did the lawyer/organization promise the client/applicant, in writing, that they will assist the client with any other applications- I-131, I-730, I-765, N-400, I-485, for example- for immigration benefit(s). Some pro bono lawyers and organizations continue to assist the asylee up to the I-485, and even the N-400 in some cases. It is no different from paying a lawyer, though. If your lawyer agrees to help you with your asylum case, his/her contractual obligations end when you are granted asylum- unless, of course, the lawyer agreed otherwise in writing. If not, it is really a matter of discretion or courtesy.
I am not sure what an RTL is – Refugee Travel Document? Whether a lawyer is paid or pro bono, they have obligations to you, including the obligation to communicate. However, I guess I am not sure what the problem is – did they file for you and the case is pending? Or did they not do the work? If they did not do it, you can always do it yourself or find a new lawyer (if it is an RTD, I wrote about that on September 11, 2017). They may not want to do that for you, and they do not have to, but if they agree to do it, they have an obligation to do it correctly. Take care, Jason
Hi Jason. Thank you for all your help. I got a question regarding asylum denial. If the asylum office denied my application and sent me to the court, can I apply for non LPR cancelation of removal instead of defensive asylum at court? (Given I meet all requirments for non LPR petition)
If you meet the requirements for non-LPR cancellation, you can apply for that in court (you cannot apply for it unless you are in court). Also, nothing stops you from seeking asylum and cancellation with the judge, and when we have a case like this, we usually apply for both forms of relief. Take care, Jason
Dear Jason, Can you please advice what should one do after receiving an appointment to do biometrics to the OLD office after changing the address?
I’ve submitted the change of address recently and moved to a different state with different jurisdiction, submited the form and now received an invitation to biometrics in NEW ORLEANS office which is VERY far away from my current location. What is the plan of action in this case?
You can email your local asylum office to ask about this – you can find their email if you follow the link at right called Asylum Office Locator. You potentially can also use the biometrics notice from New Orleans to do the biometrics at a closer office, but I am not sure – that was possible a few years ago, but we have not done it lately, and especially now with coronavirus, I do not know that it would work. Try email your local office, and if that does not work, maybe try emailing New Orleans – that office is generally pretty responsive. Take care, Jason
Hello,
I have a refugee travel document, and I traveled to Canada twice with it. My first trip was between the last week of December 2019 and the first week of January 2020; my second trip was for three days in March.
On my entry to the US in January at Whirpool Rapids/Amtrak Port of Entry in Niagara Falls, the CBP officer put a special stamp, which says, “Admitted for an indefinite period as a returning asylee/dependent of an asylee under Section 208…” (similar to this: shorturl.at/xHJV8). And I can verify this entry on the I-94 website, where it says “Class of Admission: AS” with the correct date. No issues with that.
On my second entry in March at Newark Aiport, the CBP officer asked me what a Refugee Travel Document is, typed the travel document number into his computer, and gave me the regular, oval stamp with the “Class Until: ” section empty (like this: https://stuff.mit.edu/people/stransky/stamps/buffalo_buf_passport_stamp.jpg). The problem is, it is not showing on the I-94 site. My most recent I-94 is my trip in January.
Will this missing I-94 cause an issue? We will be renewing our Employment Authorization Documents soon, and on page 3 of I-765, information about the last arrival in the United States is asked. Am I supposed to put the I-94 number of my entry in January or my first entry to the US a few years ago? Is there somewhere I can ask the I-94 to be updated with my entry in March?
Thanks.
Hi Jason!
I have pending asylum case in Arlington since September 2019. Would you please predict when I can get interview in Arlington office? How is the situation in that office now?
No one can predict that, as the office is a mess. Supposedly (according to their own announcement), they will be interviewing 10 applicants a day in August, but I do not think they are interviewing that many. If you have a reason, you might try to expedite the interview – I wrote about that on March 30, 2017. Otherwise, my best guess is that you will not have an interview soon, but there really is no way to know when you might be interviewed, as they do not seem to have a clear system for the order in which they will interview backlog cases. Take care, Jason
Did you obtain a Canadian visa on your RTD before each travel to Canada?
I applied for the Canadian visa the week after I received my RTD. One week after the application, I got my visa and picked up my RTD. The Canadian visa is valid until the expiration of the travel document.
If I receive my green card before my next visit to Canada, I will not get a visa since green card holders do not need a visa when traveling to Canada by plane, and they do not even need a travel document/passport when entering Canada by land.
Hey asylee does candian embassy issues visa on RTD? What is the requirements? Other than the RTD which embassy location you applied at i would appreciate if you give me abit inf?
https://www.vfsglobal.ca/Canada/USA/
They process all visa applications for Canada. I applied in New York.
You can find a list of required documents on that website.
My visa application took 1 week to process. I gave them the documents, and fingerprints on a Thursday, it was approved on the next Wednesday and my visa was ready for pickup on Thursday.
I doubt it will be an issue. For the I-94 number, we normally use the I-94 number from when asylum was granted. To be safe, you might also provide any other numbers you received and an explanation about the entry where you did not get an I-94. But I doubt any of this will be a problem. Take care, Jason
Thanks for your reply. Where do I find the I-94 number from when asylum was granted? The square card stapled to the approval notice does not have an I-94 number, only my Alien number, and the stamp number.
The square card is the I-94. Maybe email the asylum office that granted the case and ask them if there is an I-94 number. You can find their email if you follow the link at right called Asylum Office Locator. If you cannot get one, I guess you can use the most recent I-94 number that you have, and provide an explanation about why you do not have a more recent number. Take care, Jason
Thank you!
NY AG Letitia James announced on 8/4:
“I’m leading a coalition to challenge the Trump administration’s efforts to limit access for asylum seekers to obtain authorization to work.
These policies are morally and economically dangerous, and we will not allow them to stand.”
She also filed a suit against the NRA today (big news in the USA today).
We’ll see – I know there is at least one other lawsuit regarding the work permits, so I am not sure the NY AG is “leading the coalition”, but I am glad they are assisting with the effort. Take care, Jason
Dear Jason,
Are things starting to move faster in the asylum office or are they still semi-shut-down because of Covid?
They are still largely shut down, at least in VA. Supposedly, they will be interviewing more cases in August, at least that is what they announced, but I have my doubts. Take care, Jason
Hello Jason!
My current status is pending asylum. I had my interview about 3 years ago. I’ve been checking my case status daily; however, for the past two weeks, the EAD clock has not updated. Do you have any idea what I can do?
Best regards
You can email the asylum office to inquire about your case – you can find their email if you follow the link at right called Asylum Office Locator. You can also try your Congress person – sometimes they can help. If nothing else works, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Hi Dear Jason
Im very confused With USCIS
I have pending decision in Arlington
When ombudsman office did their inquiry USCIS responded that case will be assigned for case completion if you did not hear In 60 days reach out us back.
The same inquiry happened by senator office USCIS RESPONDED that “” case is still undergoing active review. Unfortunately, we are unable to provide you a timeframe on when a final decision will be rendered.”
Which is one is correct im very very tired of this situation im taking antidepressants meditation just to sleep fuck this life can you please tell me i got two different messages in 10 days
Unfortunately, I do not know, and everything there is a big mess. I guess since the ombudsman gave you a time frame, maybe wait the 60 days and then contact the asylum office and the ombudsman again. If all else fails, you can try a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Dear Jojo
I also received same message today from senator inquiry, arlington office. It says my case is under active review and will not likely be ready in 180 days. I’m devastated.
Hello Mr. Dzubow,
I was granted asylum in Nov. 2018 and sent my 485 in Dec. 2019. I currently have a Refugee Travel Document that expires this November.
I was told that the I-131 application for Refugee Travel Document is free when you apply/after you apply for I-485. Is that valid for people who already have an RTD? If so, I am thinking of renewing it. My application last year took around five months, so if I apply now, I guess it would be processed by Christmas.
Also, are the times in this link accurate:? https://egov.uscis.gov/processing-times/historic-pt
It seems like there is a 6-month difference in the processing time of I-485 based on asylum between FY2019 and FY2020, and I hope it doesn’t take that long.
Thanks!
I think that if you are renewing an RTD, you have to pay, but I have never tried to renew an RTD by just submitting the I-485 receipt (at least not when the I-485 fee was already used to “pay” for an RTD). You might try that to see what happens, or maybe someone else here has experience doing that and can advise you. As for the posted processing times, I have not found them to be all that accurate. They do give you an idea about the wait time, and the majority of cases are processed within the time frame, but some cases take longer (and once in a while, a case is faster than the posted wait time). These days, with the pandemic and USCIS’s budget problems, they are even less accurate than normal. Take care, Jason
Thank you for your reply Mr. Dzubow. I will send my new I-131 soon and include a copy of the I-485 receipt among the documents. We’ll see if that will work or if they will ask for payment.
My guess is that it won’t work, but you never know. Please let us know what happens. Thank you, Jason
Hi Jason
I wanted to know if courts are open now and doing Individual hearings? I know they are not doing MCH but how about IH?
Please let me know if you’re aware of that.
Thanks
They are doing MCHs and Individual Hearings for detained cases. For non-detained, they are doing some individuals, but they are not at full capacity and not all cases are being heard. You have to check your case status (call 800-898-7180 and enter your Alien number) to know. You can also try to contact the court directly – there is a link at right to the Immigration Courts. Take care, Jason
Hi Jason
If you know the name of your asylum officer, is it alright to write him a letter inquiring about your decision.
Take care.
You can; you can also use the officer’s number if you have that. Take care, Jason
Hi Jason,
Can you please give us an overview of post interview decision wait times (i.e. the amount of time between interview and decision). Especially I am interested in differences between nationalities. South America vs Asia vs Middle East vs Africa.
Thank you very much
I don’t do enough cases to have a statistically significant sample, but in my experience, most cases are resolved in a few months. Men (and some women) from majority Muslim countries often take longer – sometimes such cases are fast; other times they can take many months or even years. Take care, Jason
Just to update:
I am asylee (granted) and today i renewed my driving license with out EAD at state of New Jersey for one year. My EAD IS EXPIRED BEFORE FEW MONTHS. Just showing them the i 94 with the decision letter and also asked me some documents such as debit card and the like for the six point.
Thanks for the update, Tesfa.
Jason,
I am preparing to file i485 for green card, should I need to submit A certificate of police charge and criminal records?
Thanks,
Sambod
We only submit such evidence if the person has been charged with a crime, and so unless you have a criminal arrest, you should not need a police certificate. Take care, Jason
Hi jason
God bless all your work. I need your help plz. I applied on on asylum in june and the vermont service center received my application on june 2 and i have the fedex receipt stating delivered and till now i have not received any receipt and my visa stay ends that week so what shall i do??? I contacted them more than once and they said that they are working under capacity and i should be patient and they gonna prioritize my case and send the receipt soon but that was more than two weeks ago snd nothing happens what do you recommend for me because i do not feel safe to go anywhere and i do not have any document stating my legal stay in the us. Should not they send the receipt since my visa stay ends. Is the receipt taking so long time ?????!!! What about the interview?????!!!
That is a long time to wait. I do not think you would have an issue with the US government trying to deport you. Maybe make sure you have access to your I-589 and the post office receipt in case you ever need it, but you probably won’t. As for what to do. You can call USCIS at 800-375-5283 and try to speak to a person to see whether they can at least confirm that your case is received. Also, you can contact your local asylum office (follow the link at right called Asylum Office Locator). Sometimes, they can confirm by email that the case is received, and then at least you will have the email from them. In the past, you could go in-person to the asylum office, but that is not possible at most or all asylum offices, but if it is possible in your office, maybe that is an option (but I would email them first). Those are the short-term things you can do. Longer term, you can file a Freedom of Information Act request to get a copy of your file and receipt – form G-639, available at http://www.uscis.gov. That probably takes 4 to 6 months. Try the short term ideas and see where that gets you. If they have your case, you should get the receipt soon. Good luck, Jason
Hi jason
A friend of mine got hid GC based on asylum
Now he wanna go and marry in third country once he come back and bring the marriage certificate and apply for his wife how long will it take until his wife come here IN USA
WHAT IS important in order to sponser your wife and during this time what if he has a child can he bring both wife n child on US with green card
thank you
He can petition for his wife and child if he has a green card. You can Google “DOS visa bulletin” to find the wait time, but I think there is no wait time (you just have to wait for the case to be processed – you can check the processing time for an I-130 at http://www.uscis.gov). These days, processing times are not so predictable, but my guess is it would take maybe 1.5 years to bring a spouse to the US. Take care, Jason
Hi Jason,
I am a granted asylee applied for RTD February 13- My case is outside normal processing time in Nebraska Service.
They inquired online They sent me below email.
– Outside Normal Processing Times
The status of this service request is:
Your case is currently under review by an officer. You should receive a decision, correspondence or notice of other action within 60 days of the date of this letter.
We hope this information is helpful and appreciate your continued patience.“
I might have wait maybe another month or 2 months. But by the time I am trying to get Schengen Spouse tourist visa from NY Italian consulate because of my husband is there. We would like to meet in Italy and a small religious ceremony. Italian Consulate is asking my passport for the visa but I should wait for my RTD to arrive and send them right? If I send My passport which is from Turkey ( where I prosecuted – I haven’t used my passport since 6 years) but I am going to Italy? It will be problem when I applied I-485 next year?
I want things to be moved. My application is ready for the tourist visa but only thing I don’t have RTD. Don’t know what to do! I would appreciate if you give me a suggestion
Thank you
It is better if you can travel on the RTD, as traveling on the home country passport can create issues with USCIS (though usually not). You might try to contact the Italian embassy to confirm that they accept the RTD in lieu of a passport. If not, you might as well get the visa in your passport, but you should still have the RTD to return to the US. Take care, Jason
Asylum Seeker,
This is just my friendly advice for you: Be more patient and stronger! This will be a much longer way than what you expect: This is reality! What I am sharing with you here is only derived from my personal experience. I have been waiting for 6 years and my case is still pending at an immigration court! Just make sure that worry does not change anything, but it makes things worse! Live your life until the day you will be interviewed (Jason has already written something about it) and don’t waste your time with this terrible waiting game! Forget about this tragic story; choose another book, turn some pages, and start a new chapter! Good luck!
Thanks Hazal
Actually I have been in USA for 14 solid years .I spend my ages solving immigration issues. So sad
Thanks
DearJanson and community
my stress about my asylum application and waiting for interview becomes unbearable. I know some people are waiting for interviews since 2015 Mine was pending since 2years
I am going crazy without sleep. My mental state is detoriated day by day. What can i do. I need advice
Thank you
Dear Friend,
I filed for asylum in Feb-2016 in LA asylum office. I live in Phoenix, Arizona and my interview is still not scheduled yet so waiting for almost 4.5 years for the interview now. The first 2 years were very difficult for me. Just by the time I got my first EAD, Trump was elected as president at the end of 2016 and all hell broke loose for Asylees. I remained severely depressed and traumatized and anxious for years 2016, 2017 and 2018. Things got better for me in 2019/2020. Still My condition was worst, I was completely alone and isolated and hurting deeply. I was also suffering from severe mental PTSD issues which also severely affected my physical health
My advice to you is that spend this time gathering evidence and reports for your asylum case. Try to strengthen your asylum case. Your anxiety and sleeplessness may be attributed to the fact that you may have doubts about your case so try to gather as much evidence as possible. Other than that just try to live your life and socialize and try to be happy.
Personally I have decided that if Trump wins in November I will go to canada and leave the U.S for good. I will not waste any more years of my life.
You can try to write to your asylum office director to expedite your interview or ask your congressman/senator or help in expediting your interview with USCIS. There is really no easy way to cope with anxiety related to asylum delay. You just have to get better at dealing with it.
I don’t think that you can immigrate to C anada if you have applied for asylum in US? I believe they have “safe country” agreement. Otherwise I would leave to Canada in 2016 after Trump was elected
Thinking of applying for express entry for Canada not asylum………………don’t know if i would be able to apply for it……….my younger brother is already living in toronto and he got express entry permanent residence in canada…….
@Dennis
Canada is doing away with that agreement in January, except there is an appeal.
Whether you can go to Canada and claim asylum may depend on the case – but you should talk to a lawyer there before you go, as you could be returned to the US at the border, and if so, you might be detained back in the US. Take care, Jason
BTW if it’s any consolation I should say that from my personal experience the first 2/3 years are the hardest. Things get easier with time later on. There are 2 things caused a lot of anxiety for me in the initial years.
1–> Not knowing all the intricate and important details about the asylum process. This forum has helped a lot in getting a very good understanding and and preparing my mind accordingly and setting my expectations.
2–> Gathering all the necessary evidence and paperwork to strengthen my asylum case.
Thanks all for sharing your experiences. It really helps
Thanks again
You can try to expedite the case – I wrote about that on March 30, 2017. Now is not a great time to try to expedite, as the offices are not functioning at full capacity due to the coronavirus. Nevertheless, you can try to expedite. If it does not work, maybe wait a few months and try again (hopefully, with a new reason). Good luck, Jason
Hi Jason,
As of April 20, 2020, fingerprints relating to your Form I-765, Application for Employment Authorization, Receipt Number LIN********, have been applied to your case. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
It stuck like this 4 month who should I contact?
Sincere Regards,
The I-765 forms are moving slowly, so I do not think it will help to call, but you can try: 800-375-5283. Take care, Jason
Hi Jason,
My master hearing was supposed to happen tomorrow but it has move to 2023. What should I do Jason, please help me. I have been here since 2014 and I don’t know about another 3 years.
Dear Jason,
Hope you are doing well. A quick question, a friend of mine came to the United States with her family sometimes around 2015 and they were granted asylum. She was forcefully married to someone when she was in her home country and was forced to convert into her husband’s religion. Although her family won asylum, she had a difficult situation with her husband and flew back to her country. Her family still lives in the United States under granted asylum. FYI, her husband wasn’t in the United States and wasn’t part of her asylum.
Now things have changed for her back home and she lives in a very trumatic situation. She has not disclosed this to her parents but to her sister who is a great friend of mine. She wants to come back. What are some possiblities for her to come back? What can you do if her family hires you? Do you think there is any ray of hope for her?
Thank you.
If she still has asylum based on her family’s case, maybe she can try to return based on the asylum. If she does not have a Refugee Travel Document, I am not quite sure how she would do that, but she might try contacting the US embassy in her country (and if she was a dependent on a parent’s case, she should not lose her status by returning to her country) (however, there may be other issues, since she could not have been a dependent on a parent’s case if she was married). If she does not have asylum, she would just have to try to come here as anyone else. If her parent gets a GC and she is no longer married, the parent can petition to bring her to the US. Otherwise, she can come to the US as a tourist, student, worker, etc., none of which is easy. I potentially can give her a consultation on this, but I do not do a lot of consular work, and so maybe they are better off finding a lawyer who does more work at the US consulates. Take care, Jason
i am so sorry my friend, can i ask you which state is your court?, they do not care about people life, this country is made by slaves and right now the system is look like before but modern (modern slavery).
i am so sorry my friend, can i ask you which state is your court?, they do not care about people life, this country is made by slaves and right now the system is look like before but modern (modern slavery).
You can request that the case be advanced to a sooner date. I wrote about that on April 20, 2017. You might wait a few months to see if court start operating on a more normal basis before you try advance the date. Take care, Jason
Jason,
While filling i485, should we leave blank none relevant questions or we need to fill in N/A ?
Thanks,
Sambod
I have not had a case rejected for leaving blank spaces on the I-485. However, USCIS keeps getting worse, and it seems to me that the more cautious approach is to write N/A in spaces that you would otherwise leave blank. Take care, Jason
Hi Jason,
What is four year and one day rule for someone who wants to apply for citizenship?
Thanks
I do not know about that rule. The requirements for naturalization can be found if you look at the webpage for the N-400 at http://www.uscis.gov. Take care, Jason
The four year 1 day rule applies to people who have broken the continuous residency requirement for naturalization. It implies that once you break the continuous residency, which means living outside the country for over six months, then you should apply for naturalization after four years and one day after your last entry.
Hi Jason,
I read that lawful presence in USA doesn’t make an exception for one-year deadline. Below is the opinion of the Immigration authority. What do you think about it?
“DHS carefully considered the suggestion that it exempt aliens from the one-year filing deadline provision where they allege they failed to timely file because they were in lawful status. DHS has determined it will not create such an exemption because it would contravene the purpose of this rule. Exempting such a class would incentivize nonimmigrants to delay filing their asylum applications until the end of their lawful stay in order to delay departure and obtain employment authorization. DHS has a strong interest in deterring aliens from residing in the United States unlawfully, including visa overstays. Aliens with bona fide asylum claims should file their asylum applications at their earliest opportunity and not delay. In doing so, the alien will have his or her claim adjudicated more quickly, and will consequently avoid being subject to this provision regarding discretionary employment eligibility on the basis of a pending asylum application.“
I do not know where this comes from, so I am not sure what exactly it is addressing, but up until now, an alien in lawful non-immigrant status was considered to meet the extraordinary circumstances exception to the one-year asylum filing bar. This paragraph indicates that DHS wants to change that practice, but whether it is implemented, I do not know, as I have not seen this before. Take care, Jason
Hi Jason,
Thank you for the comment. I found this information in the new rules regarding work authorization requirements for asylum seekers which will be effective as Agustin 25. As you know they won’t issue work permit to someone who fails filling asylum within one year This paragraph might be a response of DHS to a commentator who had mentioned lawful status as an exception.
Dear Jason
Hope you are doing well
I am on pending asylum status and my work authorization is expiring in Jan 2021 when should I apply for the renewal
You can renew up to 180 days before the old card expires (no earlier, or the application will likely be rejected). Take care, Jason
Hi Jason,
The form I-765 for work authorization is expired. It shows the expiration date Expires 05/31/2020 on the form I-765. How can we get the updated form to file for Work authorization renewal ?
Thank you,
I think that is the most recent form (it is the one that appears on the USCIS website), and they will accept it even though it shows that it expired (however, I have heard about some instances of USCIS rejecting the I-765, but that is the most updated form and the rejection was in error). Take care, Jason
Dear jason I work in the adult industry . Do you think that’ll affect my immigration process when they do my background check ?
Excuse my ignorance, but what is adult industry?
Probably Porn
I don’t know, but you should be prepared to explain your source of income, and have documentation in case they ask. There is a question on the forms related to prostitution, but I am not sure how that is defined. If you think that could be an issue, talk to a lawyer about how to approach the question. Take care, Jason
It might Impact the good moral character requirement as there is a catchall provision which can be discretionary. I think you should get your file evaluated by Jason or some other attorney. There were news reports that people who work in the marijuana industry such as clinics were denied naturalization under good moral character.
Dear Jason,
As you are aware USCIS has been using an anonymous tip line to collect potentially derogatory information from the public on the asylum seekers. Will the asylum seekers be made aware of this information (as the regulation suggests they should be) or is USCIS in the habit of issuing template rejections without a chance to refute. For instance if someone sent a tip accusing an asylum seeker of dishonesty, without any material facts, this could render the asylum officer predisposed to deny the application out of suspicion alone, without informing the asylum seeker that the tip played a role in the rejection. Can one retrieve such derogatory information through FOIA requests?
I do not know if it is possible to learn who made the report, but certainly, I would try. Maybe the FOIA would reveal that. Under the regulations, if there is derogatory information in an asylum case, the applicant should be informed of the information and given a chance to respond. Exactly how and if that happens in a case such as this, I do not know. Take care, Jason
DEar Jason. I am confused I thought you mailed the medical exams with the green card application the first time . Or do you have to wait to be asked for it ? I’m so confused I thought you mailed it along with the application all at once
You can mail it with the application. If not, you can send it later when USCIS requests it. Take care, Jason
Hello Mr. Dzubow,
I and my family were granted asylum in November 2018. We sent our I-485 forms in December 2019 and gave fingerprints in January 2020. Texas Service Center is working on the application.
We were told that the medical examination is valid for only 6 months, and knowing that it takes around a year to get the Green Card, we only sent the I-485 and other documents (proof of asylum, etc.).
What is the current status of asylum-based permanent residency applications? What would be an ideal time to send the medical forms? Doctors in our area ask around $500 for each person, so we would not like it to be expired before the application is approved.
Also, I have a Refugee Travel Document since November 2019 and it expires this November. Does renewal take faster than the first application? It took more than 5 months last year.
Thank you,
-M
I think you should wait until USCIS asks for the medical exam. They will either ask you to mail it in, or bring it to the interview. I would not try to send it before then. Also, in our area, the exams tend to be $200 to $400, so maybe you should look around for a cheaper doctor. As for the time frame, you can check the processing time at http://www.uscis.gov, but if I recall, it is 1 to 3 years, and everything now is unpredictable. In terms of the RTD, my guess is that it will not be quick, and we have seen them taking maybe 5 to 7 months, but you can check the processing time for that too (though the posted processing times may not be super accurate thanks to coronavirus and USCIS budget problems). Take care, Jason
These days USCIS processing times are 7-24 months for I-485 based on asylum. If I were you I would apply now for an RTD and EAD because they are free while your I-485 is pending. There is a chance you can get your green card soon and then you will have to pay for an RTD if you need one. Remember, if you are applying for an RTD before your current one is expired, you have to send your current RTD to USCIS. I bet you don’t have amazing travel plans this time around anyways 😉
I am an LPR based on asylum. I have found out that due to recent changes in 3rd country’s immigration rules, I am eligible for citizenship of that 3rd country based on my family heritage. It would be convenient to use that 3rd country’s passport for travel whenever corona is over. My country’s passport is expired and I do not intend to renew it.
1) If I get citizenship of that 3rd country, does it compromise my immigrant status in the US?
2) Does your answer change if I was eligible for citizenship of that 3rd country at the time of application for asylum or some point while my asylum case was pending (even if it is the case, I didn’t know it at the time!)?
3) Do you foresee any problems for my naturalization case?
Thank you!
P.S.: I do not use my country’s passport atm and I will not be traveling there (country of persecution).
I think this will open a can of worms. If you have a safe third country that you could have technically qualified for relocation, you are supposed to bring that to DHS or immigration judge’s notice. You can say that you didn’t know and we would believe you but would the government believe you, especially in the current time? If I were you, I would just wait until I get US citizenship before pursuing the other citizenship. You can always travel with RTD. Many of us do, although I know it’s a pain. Just my 2 cents.
W, LPR ASYLEE did say that there were “recent changes” in the 3rd country’s immigration laws which qualify him/her for citizenship. I interpret this to mean that after s/he was granted asylee/adjusted status, the third country changed it’s immigration laws. If the foregoing is this case, how would s/he have qualified for relocation to a 3rd country?
With that said, I have often asked a similar question (no one seems to know the answer): What if an asylee who adjusted his/her status to that of LPR decides to take up citizenship/permanent residency (while maintaining residency in the US, of course) in a 3rd country? We are also assuming that the LPR never qualified for relocation to this 3rd country before asylum was granted.
I feel that in order to answer this question, we would have to look closely at Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017). According to Matter of N-A-I-, : “An alien who adjusts status under section 209(b) of the Immigration and Nationality Act, 8 U.S.C. § 1159(b) (2012), changes his or her status from that of an alien granted asylum to that of an alien lawfully admitted for permanent residence, thereby terminating the alien’s asylee status. Matter of C-J-H-, 26 I&N Dec. 284 (BIA 2014), clarified. ”
In addition, Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017) held that: “The restrictions on removal in section 208(c)(1)(A) of the Act, 8 U.S.C. § 1158(c)(1)(A) (2012), do not apply to an alien granted asylum whose status is adjusted to that of an alien lawfully admitted for permanent residence pursuant to section 209(b) of the Act.”
To put it differently, the BIA’s reasoning is that once asylees adjust status under INA § 209(b), they are now LPRs and have voluntarily given up their asylum status. Thus, asylum status is terminated when you adjust your status to become an LPR under INA §209(b). It also means that the LPR (adjustment from asylee) is no longer protected under the INA § 208(c)’s restrictions from removal for asylees. Also, while there is a requirement for the asylee to not be firmly resettled in any foreign country under INA § 209(b), I cannot find any information in the law, or any policy, including the naturalization requirement (if anyone is able to find the information, kindly send it to me), that says that an “asylee-PR” can jeopardize his status if s/he receives permanent residence/citizenship in a 3rd country. I am not talking about a permanent resident putting his/her status at risk because s/he stayed out of the U.S. for more than a year without re-entry permit. I am talking about an asylee who adjusted status, continues to maintain his/her LPR status in the U.S., but also has citizenship/permanent residence in 3rd country (or offered/qualified for PR/citizenship in a 3rd country)- like s/he would in his/her country of persecution (except that it is not the country of persecution). Is there any requirement or law that says an “aslyee-PR” can’t accept permanent residence/citizenship offers in a third country? If yes, wouldn’t that fly in the face of Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017)? I suppose one could also argue that though the asylum status is terminated, “asylee-LPRs” can use refugee travel documents (RTD) and so “asylee-LPRs” should continue to abide by the relocation/firmly resettled requirement.
Jamie, you are right. If the changes in the third country’s laws are recent (after he got his GC) then it would not be applicable. I guess I focused on his point #2 where he mentioned that he may have been eligible for citizenship of this third country at the time of his asylum application although he didn’t know it at the time. That would get convoluted. However, even with the scenario you mentioned, there is a chance that the IO might potentially delay the application which they tend to do anytime they find some unusual situation. However, a denial in that case can be legally challenged and likely won as the changes were post GC and the applicant could not be aware of them during his initial process. So I honestly feel that it’s really not a good idea in either case, especially if he can get a RTD and citizenship within a couple of years. Why invite unnecessary scrutiny? Again that’s just me.
W, I totally agree with you. It is an unnecessary scrutiny to invite. Wait it out, get your citizenship, and then pursue the other.
It just won’t be worth the likely headache it will cause.
I agree with you that the person would probably win any legal challenge (unless they were, in fact, eligible for third country citizenship at the time of asylum and USCIS thinks the person concealed this from the asylum officer/immigration judge). I also agree with you that discretion is the better part of valor, and it is safer to not acquire the new citizenship until the person is also a US citizen. Take care, Jason
Jamie,
I have an idea. Let’s ask our respective congressmen to suggest USCIS extends validity of RTD to 10 years like with green cards. Or maybe middle ground issue 10 year RTD for LPR asylees/refugees for that matter. There is no reason RTD should only be valid for 1 year while LPR status is permanent and the card itself is valid for 10 years. I’ve written a suggestion to DHS in the past that it doesn’t make any sense to issue RTD for only 1 yeah but oh well never got a reply from them. I think considering long backlogs, fiscal problems, and employee furlough at USCIS this would be a useful thing for them as well. Remember a few years back they extended EAD validity to 2 years for many applicants most likely due to similar problems.
Btw extending RTD to 10 years was suggested to them about 10 years ago and they brushed it off. You can search it on USCIS website. May not hurt to try again while fixing a fiscal hole.
I wonder if Jason Dzubow knows reasonable people in the government.
I don’t know any decision-makers on this issue, but I agree that it is a good idea. I have posted about that here before (not that anyone listens to me, but I can at least yell into the wind). There is actually a 2-year travel document (the re-entry permit, which is issued for 2 years in some cases), so it is not that radical of a suggestion. Take care, Jason
LPR ASYLEE, I agree that RTD should have a longer validity. Aside from the fact that it’s not right to ask an asylee/refugee to fork up $220 every year for a travel document, RTDs are very inconvenient.
1) Immigration and Customs Officers don’t seem to know what RTD is, or how it works, and therefore have to do secondary inspection almost all the time a person with such document is seeking to be admitted or paroled into the U.S.
2)Time constraints: Because of the limited time on the document before it becomes invalid/expired, you don’t have the luxury of waiting to travel. This is because most countries require 3-6 months of validity on the document. This means that you could lose the amount paid for the document simply because of a change of plans/any emergency that you must tend to.
3)Quite a few countries don’t accept the document (this one is not the U.S. government’s fault but an inconvenience nonetheless), even though they may be signatories to the refugee convention. It therefore means that if the asylee/refugee has something important to do in one of the countries that don’t accept the document, s/he would either have to apply for a visa/forgo going to the country.
4)RTDs take forever to process and your request to expedite the process, like everything else, has a very slim chance of being approved- even if you have something urgent to do. This is arguably the biggest inconvenience! Imagine you want to attend your best friend’s wedding in another country, or your sister’s or mother’s wedding, and you can’t go because you’d likely need to wait 6 or 7 months before your I-131 application is approved! It’s like they are punishing you for applying for humanitarian relief.
My Suggestions:
1) Extend the validity of the RTD from 1 year to a minimum of 2 years. Though not a lot, in terms of validity, it does give the refugee/asylee some extra time to make plans without being unduly inconvenienced/restricted. It also saves the asylee/refugee money as instead of applying every year or 1.5 years, the asylee/refugee would only need to apply every 2-3 years. If asylum applicants, and other more temporary statuses, can get an employment authorization document (EAD) that has a 2-year validity, why can’t you give refugees/asylees a 2-year travel document? This point brings me to my next point.
2) Extend the validity of the RTD to a minimum of 5 years for Lawful Permanent Residents (LPRs) who obtained such status as a refugee/asylee in the U.S. Aside from the list of inconvenience aforementioned, it is absurd, if not incompetent and utterly asinine, to say that LPRs who obtain that status as a result of asylee/refuge status are able to live and work permanently in the U.S., and in the same breath, argue that they can only qualify for a travel document that is valid for 1 year. Again, how do you authorize asylum applicants and other temporary statuses to work in the U.S. for 2 years, pending their application, but can’t give an LPR a travel document that is valid for at least 2 years, when the LPR supposedly has the authorization to live and work permanently- not indefinitely- in the U.S.?
3) Tweak/revise the restrictions on LPRs (who obtained such status as aylees/refugee) using their country of citizenship passport (this one is more controversial and open to argument/dispute, especially from a theoretical standpoint). You can travel on your country’s passport and not return to your country of persecution. Though one could reasonably argue that you are availing yourself of the protection of your government by using your COP’s passport. This is true as the country that you travel to with the passport can repatriate you to the country that issued you the passport. However, I don’t subscribe to the idea that the LPR is necessarily availing yourself of the protection of your government and thus you should lose your status. It is, of course, availing yourself, and it is potentially risky, but should you lose/jeopardize your status because of this? This should be a matter of exposing yourself to the risk of being returned to your country of persecution by the 3rd country you traveled to with the passport, and not a matter of the U.S. government taking away your status/penalizing you. Returning to your country of persecution unnecessarily, however, is not up for debate (of course, unless things have substantially changed in the COP).
I particularly like the last suggestion – I think it should be clarified that using a passport to travel is not re-availing yourself of the protection of your country. The RTD is pretty limited, and it is often necessary to use the home country passport. Take care, Jason
Jamie,
Great suggestion about RTD being extended to 10 years (at least 5) for LPRs. Canadian RTD is 5 years from what I heard. I’m not sure why they don’t do it. However, about tweaking the restriction on passport usage for LPRs, I have not seen any specific regulations for an actual restriction around it at least for ASYLUM LPRs although there is some language around asylees related to “availing country protection”. I have heard anecdotal reports that questions are asked around this issue during naturalization adjudications. However, I have not heard of a single case where naturalization is actually denied or someone’s LPR status has been revoked for the usage of national passports or even for LPR visiting home country for short periods using their passport. In fact, if I had my national passport, and I may have thought about using it for travel (not to cop) after getting the LPR status but unfortunately I do not have one.
However, I am not sure about the experience around RTDs and RPs and CBP secondary inspections. I have traveled three times on RTD before my green card and 7 to 8 times afterwards. I have not had a second inspection even once. I have even cross the land border in Canada on just an RTD and breezed through. However I always have issues with Airlines during the check in process as they do not seem to recognize the document.
I have not heard about anyone with an RTD having trouble at the border, though I have heard stories where the CBP officer calls his colleagues over to see the document, as apparently, it is not seen that commonly. Take care, Jason
My thinking is that even though technically, it should not be an issue to get third country citizenship after you have a GC, there is still a risk, as USCIS might assume that you previously had that citizenship. I just think it is not worth the risk, especially given that USCIS is looking for reasons to cause trouble for immigrants. I suppose it depends on how badly the person needs citizenship in the third country and whether they are willing to risk status in the US (even if the risk is probably relatively small). Take care, Jason
1 – It should not have any effect now that you are an LPR. However, I would be careful about this anyway. These days, they are looking for excuses to harm people, and I would not give them one. For example, they could claim that your asylum was improperly granted because you previously had status in that third country (even though you did not have it at the time). In short, I would only do this if you really need it, as I think there is some risk. 2 – This is my concern, that USCIS will think that and cause you trouble. 3 – Maybe, as they look very closely at cases of people who are naturalizing, and there are examples of people who have been put into deportation proceedings when some piece of information came out at a naturalization interview (I have seen and represented such people myself). Take care, Jason
My asylum status was granted by a judge. Does USCIS have the same “general power to give me headaches in the future” compared to the case if it was granted by USCIS? A decision was made by a different immigration body and I wonder if it changes anything. Do they even have access to court records? Or is that something they would have to request first if they have questions?
P.S.: I did apply with USCIS first and was referred to immigration court.
LPR/Asylee
I guess this other citizenship is extremely important. If it is that important, go ahead and shoot for it, even if you will loose status here. You asked a question here, we, including an experienced lawyer think it is better to wait, , but you don’t seem to agree. Why then did you post the comment here?
Get mad at me if you want, I have zero patience for when we so badly need this asylum, and then be in a hurry for something we lived without while waiting, praying and hoping for asylum to be granted – a need to travel for leisure during a risky time such as this( not you), and a dire need for a second citizenship, before finalizing US citizenship . I can almost hear people here yell, ” mind your business, Tina”.
Hi Tina,log
My previous question had nothing to do with obtaining a passport from a 3rd country. Instead, I want to better understand what kind of surprises USCIS may have for me while current administration is in power. Also, getting help and asking questions is never a sign of ignorance, stupidity, or the fact that I disagree with previous answers. In today’s day and age we all need tolerance and compassion. America won’t be such a great country if we were not fighting for our rights and pursuit of happiness no matter how small and unimportant it looks to others. I hope all of us here can get our documents in a timely manner, with minimal headaches, and who knows maybe even a 10 year RTD? 😉
Tina 😀
Not targeting anyone personally but when I see such posts on online forums, it makes me wonder if such asylum claims were serious in the first place. There are thousands of people with extremely serious persecution waiting. Call me silly but I am even suspicious when I hear someone visiting COP within a short span of getting a GC. I know that country conditions can change but in some cases they seem to have changed quite rapidly after the applicant gets a green card. I also know (as I have said above) that there is no such rule nor is there any substantial case where people have been denied naturalization as a result of a trip to COP but in SOME such cases, it does makes me wonder about the seriousness of the claim. I haven’t visited COP for 8 years since I came here. My 2 cousins who are naturalized citizens (based on asylum)for over 4 years haven’t visited either due to a potential risk. It’s been over 15 years for them. /rant
W and Tina, I agree with your sentiments about going back to the COP right after adjustment of status- you’d also be surprised to know that some even go back right after the asylum grant-and how they tend to claim that country conditions have changed- usually very suddenly after the adjustment of status. It truly calls into question the legitimacy/veracity of their asylum claim.
Unfortunately, that is not the only issue. For, when they claim that country conditions have “improved”, such that they are able to go back home, they selfishly allow for doubts to be cast on other applicants’ claims (in many respects, applicants who have a bona fide or legitimate claim of persecution/fear) who have not yet been granted asylum/adjusted their status to that of LPR.
With that said, though, there are times (extenuating reasons) when LPR asylees, or even people with just asylee/refugee status, have to go back to the COP.
I haven’t been to my COP in 8 years, too! And I’ve adjusted status for quite some time now.
Depending on what you do, USCIS could give you a hard time (so can other agencies, like CBP if you are entering the US). Also, you will probably apply for a green card and citizenship, and these are with USCIS, so they will have the file and review it, including the court file. Take care, Jason
Hi Jason
I send my EAD card request for renewing but I got a mail from immigration office that they rejected my request because I didn’t pay it
I have approval letter .. do I have to pay or is that free for me because I’m granted asylum
If I have to pay how much is that? Or if it’s free what should I do?
If it is your first EAD based on asylum granted (category a-5), it should be free. If you are renewing, you have to pay. Normally the fee is $410, but you should check the I-765 instructions at http://www.uscis.gov. Otherwise, you just need to wait for the letter from USCIS to see exactly why they rejected you, and then you can address the problem. Take care, Jason
Can asylees file for unemployment ? And does that affect green card eligibility ? For public charge
1. Unemployment laws are governed by states. If you meet the criteria of your state, then you can file for unemployment as an asylee.
2. Receiving unemployment doesn’t affect your eligibility for green card because:
– unemployment is an “earned” benefit vs. a benefit that government just gives you. It does not affect anyone’s eligibility for green card. In order to be eligible for unemployment payments, you should have had a job first and payed unemployment taxes.
– since you are an asylee, public charge rules does not apply to you. None of the benefits you may be receiving will affect your eligibility for green card.
I agree with the previous comment that as an asylee public charge rules don’t apply to you. As for unemployment benefits according to IRS they are considered unearned benefits .
https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/earned-income
Hi Johny,
Unemployment is not considered taxable income because it is not earned, you are right. However, this is not what I meant.
I wanted to distinguish public benefits from earned benefits. Public benefits are the ones someone can get in trouble for due to public charge rule because one didn’t have to “pay for them” like Medicare, Section 8 housing, SNAP. Earned benefits like unemployment are not subject to public charge rule because someone “earns” them in a specific fashion, for example, by holding a job for a minimum period of time.
See more here: https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10
If you are eligible, you can file the same as anyone else. The public charge rule does not apply to asylees, so there is no issue (plus, a court has just blocked that rule; plus, unemployment insurance is not a direct negative factor in the public charge analysis). Take care, Jason
Dear Jason I have a concern I was granted asylum in state A , and I want to move to state B total different jurisdictions for green card application . Can I move now that I’m Ashlee and apply for green card in a completely different state that granted my asylum or is that going to cause issues ? Thank you
No problem. You just have to file a change of address form, AR-11, available at http://www.uscis.gov, when you move. You can file the form online. Take care, Jason
Hi Jason do you think path to citizenship could effect asylees? As I heard about executives orders from president are in process. What do you think or know or have an idea about those upcoming changes and is there any clue what we can expect and when they get will release those orders.
Thank you!
I do not know. They have already restricted asylum using the regulatory process, but they cannot change the law, as they need Congress to do that. Maybe there will be a deal to restrict asylum further in exchange for some type of amnesty, but I can’t imagine that could happen before the election, and I have heard nothing about that. Take care, Jason
Hi Jason,
What type of restriction do you envisage there may be? How do you think any further restriction will affect those of us in the backlog?
No idea. But if Congress and the President strike a deal for immigration reform, I imagine they could put some limits on asylum. The current limits are based on existing law, but new laws could make such change more permanent and stronger. But there is nothing in the works at this point, at least that I’ve heard about, and I can’t imagine much will happen before the election (though, you never know). Take care, Jason
Hi
I applied my EAD based on a(5) category on the month of April 2020 in Nebraska and still no EAD card and no any update when I checked my receipt. What is going on on USCIS. My I 485 Application passed a year too. I am confused, I could not even to renew my driving license.
I wrote a blog post about this problem last week. A person with asylum can work and should be able to get a license even if they do not have the EAD. Maybe check that post – I provided a link on this point, which may help. Take care, Jason
Since you are on a asylum, then you are eligible to work with or without an EAD. But based on recent experience, I had present the EAD as proof of being legal to work here. May you can use the i94 document along with the letter from USCIS stating you have been granted asylum.
i did that with my employer showing then the I-94 which was enough to verify my work eligibility, unfortunately on the DMV side, they couldn’t use to renew my license though i talked to a supervisor and explained to her my status but she couldn’t help so i had to use my EAD 05 which is only valid for another few months, I’m not sure if there’s anything else that we could do to get a driving license based on a granted asylum ( looks like green card is not coming any soon based on the current hard situation ).
ASYLEE, which state is your DMV located? What they are doing to you is against their own policy. Their policy explicitly says that asylees should be treated like PRs. Kindly let me know what state you live in so I can look further into this and possibly try to contact them.
If your I-94 clearly says “asylum granted indefinitely”, and you’re presenting an unrestricted Social Security card, how’s it that you can’t get a driver license for 6-8 years (the validity for most state IDs/driver license)? If asylum status is something they are unfamiliar with, the proper thing to do is to research the status more, or reach out to higher-ups for guidance/information (New York’s DMV was able to do this for me because I went prepared. They took my documents and told me they’d contact the powers that be in Albany, NY. They called me and told me that I was right and should come in to take the picture for my Real ID with the extended validity). Furthermore, you do not need an EAD to get a driver license if you are presenting an expired state/driver license, unexpired foreign passport, unrestricted Social Security, and your I-94.
The supervisor you went to failed to do her job properly.
Thanks Jamie, i live in Boston Mass, i might try another RMV in my state anf if that doesn’t work i will try to contact higher management to see what they can do. Question for you ? Did you have to present your national passport ? Mine was expired two years ago.
Below is the DMV trouble shooting contact info I have for MA. I have not tried it personally, but it should be up-to-date. Take care, Jason
857-368-8000 (from Massachusetts area codes 339/617/781/857; from outside of Massachusetts); 800-858-3926 (from all other Massachusetts area codes not listed above)
You might try contacting back to the DMV and asking if they have a legal department you can talk to. For example, Virginia has a Lawful Presence Unit that can help with such situation, and maybe other states do as well. Take care, Jason
ASYLEE, according to Massachusetts Immigration & Refugee Advocacy Coalition (MIRAC):
1) “We have heard that some local RMV offices have misinterpreted the duration requirement by requiring at least one year of prior lawful presence, or one year of future presence. This is incorrect. If you encounter such problems or have other questions, contact Michele Ellicks, RMV Community Outreach Coordinator, at Michele.Ellicks@state.ma.us.”
2) “A Social Security number alone will no longer be enough to get a new or renewed license or Mass ID of either type.”
3) “To qualify for either type of license, you must have documents showing U.S. citizenship or that you have been granted at least 12 months of lawful presence. People with pending applications for asylum, TPS, adjustment of status, and others without a definite “duration” to their authorized stay will qualify for a 12-month license.”
4) “If you are not a U.S. citizen, here are common documents you can use to prove lawful presence:
-Foreign passport with U.S. visa affixed and I-94 stamp
-Employment Authorization Card (work permit) (Form I-766 or I-688B)
-Permanent Resident Card (green card) (Form I-551)
HOWEVER, there are many other document types that provide evidence of lawful presence, such as a refugee travel document, an asylum approval, evidence of a pending petition for asylum, TPS or adjustment of status, and more. Note that the RMV flyers listed in the box at right do not list these because of space considerations.”
The MIRAC’s understanding of the Massachusetts RMV’s requirements for a driver’s license or state ID aligns with the MASSACHUSETTS WORKFORCE DEVELOPMENT SYSTEM’s (MWDS) (100 DCS 05.137) requirements for a state ID or driver’s license.
The MWDS’ PDF copy is below (you can print the file and take it to the office):
https://www.mass.gov/files/documents/2018/03/22/05-137.pdf
Hi, I have applied for EAD renewal and got my receipt on January 13th and still no EAD. I am terrified that my 180 days extension period will end in December and they will still not have my EAD renewal ready. Same issue with the DMV unfortunately.
I wrote about this problem last week, and including some ideas about what to do: call USCIS (800-375-5283) and contact the USCIS Ombudsman (a link is at right). The posting from last week includes a bit more detail. Take care, Jason
Dear Jason is it N/A or N/A. With a. Dot for green card app not applicable spots. I wanna make sure I don’t get denied
They are jackasses, but not that much of jackasses, so I don’t think it matters. We write N/A – without the period. Take care, Jason
Good day Jason .I am a student. I school with my social security, have not been called for an interview so i am asking ,can a student apply for green card because i need Fafsa to forge a head with my medical courses . can i apply for green card? A friend told me a lady in my school who have the same status with me, got a lawyer applied for green card and she was given . i am using asylum.
Hi Susan,
What was the person’s status? pending asylum or asylum granted?
I know of no direct way for a student to directly get a GC. In most cases, the student gets a job with OPT and then the employer sponsors the student for an H1b visa or a GC. Maybe talk to that lawyer to see what the lawyer did, but I would be very careful and make sure to get everything in writing. Most cases that seem too good to be true end up being a rip off. You might talk to your financial aid office to see if there is any money available for an asylum applicant. Also, you can try to expedite your asylum case, though that is not easy. I wrote about expediting on March 30, 2017. Take care, Jason
Hello, Jason
Any news in regards to the reopening of the embassies?
I know they are providing visa for an emergency case. I have been admitted to the hospital for mental health caused by the separation from my family, do you think it’s a good idea to get a supportive letter from my Psychatrist Doctor in order to appeal this an emergency case?
I have not heard anything recently. I do think such a letter is a good idea, so when they open, your family can submit that letter to try to speed things along. Take care, Jason
Jason, I feel the same way about SAT, GRE, GMAT, LSAT, CPA, etc. There has to be a different way to test people’s academic skills AND “person” skill (how effectively, for example, can a lawyer actually represent his/her client in court in the real world). There are people who ace exams- especially the SAT, GRE, ACT, & GMAT- but can’t function in the real world/are not as good as someone who didn’t do well academically/at taking standardized tests.
Hello Jason,
i filed my I-485 based on a granted asylum a month ago, and i received my receipt number a week ago, my question, when the initial application screening happen, is it when they generate the receipt number or it happens after that when it reach the UCSIS officer for further review, (what i meant by initial screen making sure that I-485 package is complete and signed, no blank fields ), and if it happen and i got rejected because of missing field would i lose my current Asylum status ?
thanks,
If you got the receipt, your application is accepted. That does not mean that it will be approved, but at least it was not rejected for forgetting to write N/A somewhere. Also, if for some reason the I-485 is denied (hopefully not), you would still have your asylum status. Take care, Jason
If it gets denied can we re apply?
You can, but you should probably talk to a lawyer first to understand what went wrong. Hopefully, that will not happen. Take care, Jason
Hi Asylum/PR seeker,
If you don’t mine which lock box did you sent the documents and how long it takes to get the receipt ?. because i have sent my application to Phoenix lockbox
This month 13th still waiting to get my receipt. I have submitted my i485 along with fee waiver request I don’t know how long it’s going to be?
Thanks
John
Everything is slow – we are seeing receipts take from 3 to 5 weeks, and so hopefully you will receive it soon. Take care, Jason
Jason,
Am worried 😔 because I sent my I-485 package through usps certified mail it has been arrived the lockbox but it doesn’t mentioned who received it . And I kept my medical documents I-693 along with that. If the package lost what Will happen jason.
Thanks,
John
I just think it is too soon to worry. If USPS says it was received, you should get a receipt soon. If not, even in the worst case, you would just need to re-submit a new package. Take care, Jason
HI john,
I filed mine om june 27th in Texas service center, received my receipt july 23rd. So it took almost 4 weeks.
Thanks, Jason.
They should also consider affirmative interviews on zoom.
Hay Tina, good idea, since you are still waiting for your interview, I guess you have not experienced what happens in an interview actually.
On zoom it will be recorded, it is easier for the officer to review later and take help from other officers and supervisors. That can be related to certain areas of the interview and questions. If the case referred to the court, court will be able to call the video and discuss the validity of the argument on the basis of which it was rejected. It seems a good idea but not practical in my opinion.
I think some attorneys also would not like to get the interview recorded to save the validity of the procedure.
I think it would be a good idea to record interviews – court cases are recorded. Take care, Jason
I think they won’t, since they need asylum seekers to check in and do the biometrics. You would think they could figure something out in this regard, though. Take care, Jason
How safe is Zoom as it relates to hacking and privacy? I have not hear good things about Zoom.
I do not know, but you’d think there would be a way to make this pretty safe. Take care, Jason
Hello Jason
1. I am having a up coming individual hearing in San Francisco in about month . My lawyer said Due to the covid My hearing can be postponed for sure?. She said 90 % chances are there. But I call the court they said they are going to open Augest 17 I already waited 6 years it’s really frustrating
2 . I have i730 pending in NSC 9 months already . Is there any way I can expedite my petition ? I am suffering from ptsd since 5 years my doctor is very helpful and back home my mother is really sick.
3. Your firm work with i730 petition? If you can help me to expedite ? My current lawyer is not responsig so well because she is handling both the things
Thanks so so much for your kindness
3 .
1 – It is not predictable. At least in my courts, most cases are being postponed, but some are going forward (I have two this week). You have to prepare for the case unless it is canceled, as you need to be ready in case you have your trial. 2 – I wrote about expediting with USCIS on January 29, 2020 – maybe that would help. 3 – We do, though it would be difficult for us to take a case just to try to expedite. Maybe read the post I mentioned in #2 and see if you can do it yourself. If not, let us know. Also, by the way, you may be better off waiting for the I-730 than doing your own asylum case in court, so a delay might be helpful. Take care, Jason
master hearing is 08/26. Been in US for almost 4yrs n case was referred to court. Is it ok to request for an individual hearing or final hearing through a lawyer? Or do u think its ok to wait for the master hearing and than wait on the rest of the hearing as may be schedule by the court?
I am told that waiting on the court to fine dates for hearing before the final hearing me take up to 3-5yrs.
Requesting for a final hearing may take less then that about 1yr to a yr and half.
What do you think? Will admitting and requesting for a final hearing help a case in anyway? And will you not be held responsible for not attending the master hearing even though u admitted to all uscis charges and requested for a final hearing to see if the case can be heard sooner and be granted a decision by the judge?
What are some benefit u stand to get when u request to escape the master hearing, once approved, then go for a final hearing instead?
Also Is it ok to get marry when u are in a referral Court? Or is it ok when u are in removal proceeding to get marry? Or a Judge made a decision of removal and you have been with someone for a long time and decided to get marry, will it be or of you do? Will uscis have problem with u when u get marry and file for GC knowing the person is a us citizen and ready and willing for you both to get marry and live together becuz they really love you?
What do you think?
If your MCH is on 08/26/2020, you might wait for that date – you are required to attend, unless you or your lawyer submits a written motion to request that you do not have to attend and you provide all the info that you would have told the judge at the MCH. Given the short time frame, I do not know whether a written motion would work, but you can try. Also, almost all MCHs are being canceled, and so there is a good chance your date will be postponed. In terms of the time frame until the Individual Hearing, that is not predictable. If you marry a US citizen, you may be able to get a green card that way – I wrote about that on August 6, 2018. Take care, Jason
Good idea. This is a desperate time. It is the first time in US history I guess when even Bar exams are going to be taken online. There will be Softwares to take the exam and record the whole session. The software will notice the movement of eyes and expression to detect cheating. It was happening already with some other fields of professional licenses and education, but COVID persuaded our Court of Appeals to administer bar exams remotely. If our Courts can administer bar exams remotely they can do MCH online. The attorneys who represent their clients are members of the bar and reliable persons, they won’t cheat the court (and if they do they are playing with their professional license for one client) Those who are unrepresented can also take help from the remote system. Those who need interpreters can get the court interpreters who are regulated by the court system and reliable in a court of law, to appear online, it can be in one window by Zoom, infect the interpreter will be indifferent state, the court will be at a different location and the client will be somewhere else, including the USCIS attorney.
Agreed. And if you will permit me a short rant: The bar exam is incredibly idiotic and useless. It tells us who is good at taking the bar exam, and tells us zero about who will be a good lawyer. It seems to me that if you graduate from an accredited law school, you should become a lawyer. The exam is just meant to keep people out of the profession and make money for the exam industrial complex. And this is coming from someone who passed the exam. End the bar exam and end in-person MCHs! Take care, Jason
Jason, I feel the same way about SAT, GRE, GMAT, LSAT, CPA, etc. There has to be a different way to test people’s academic skills AND “person” skill (how effectively, for example, can a lawyer actually represent his/her client in court in the real world). There are people who ace exams- especially the SAT, GRE, ACT, & GMAT- but can’t function in the real world/are not as good as someone who didn’t do well academically/at taking standardized tests.
I agree, except for the LSAT, which I think does test skills used in law school. Why we need these tests at all is a good question, though, and many organizations seem to be moving away from them. Take care, Jason
100% agreed. Infect all the bar prep courses suggest to study certain rule only for the bar exam, you won’t be using it in real practice lolz. Indiana announced yesterday that they will be sending the questions via email to the examines and they will send back the answers. Now, rest of the states should think that attorneys from Indiana are not competent 🙂
Thanks for sharing, Jason.