The final step in the asylum journey is U.S. citizenship. When an asylee applies for citizenship, there are some unique issues to be aware of, and we’ll discuss those here.
First, let’s talk about the time frame. If you are a regular reader of this blog, you probably already know that the wait time for an asylum case is unpredictable. Some (lucky few) people file a case and complete it within a few months, but the large majority of asylum applicants wait years for a decision. If you win your asylum case at the Asylum Office or in Immigration Court, you have asylum status, and are eligible to file for your Green Card after one year of physical presence in the U.S. This means that if you leave the United States during this period, you have to wait additional time to apply for the Green Card. For example, if you leave the country for two weeks, you have to wait one year and two weeks from the date you received asylum before you are eligible to apply for a Green Card.
The time frame to process a Green Card is also unpredictable. If you check the USCIS processing times, you will see that wait times range from under one year to over 3½ years. In my practice, most asylees seem to get their Green Cards in one or two years. When an asylee receives a Green Card, the card is back-dated one year. Meaning, if you receive your Green Card on December 1, 2020, the card will indicate that you have been a lawful permanent resident (a Green Card holder) since December 1, 2019. Most people will be eligible to file for citizenship five years after the date listed on the Green Card (so in this example, December 1, 2024). And in fact, you are allowed to mail the citizenship form (the N-400) up to 90 days before the five-year anniversary (in our example, this would be about September 2, 2024). That said, if you leave the United States for significant periods of time, or for any one trip of six months or more, or if you’ve recently moved to a new state, you might have to wait longer than five years to apply for citizenship.
Processing times for the N-400 are also all over the map, but most offices seem to complete their cases between six months and two years after filing. So overall, from filing for asylum to becoming a U.S. citizen, most applicants are looking at a wait time of between eight and 13 years.
Now let’s talk about some of the challenges asylum seekers face on the path to becoming U.S. citizens.
First is the Green Card form, the I-485, itself. The problem here is that this form contains dozens of questions, many of which are quite confusing. Mistakes on this form can lead to issues during the naturalization process. I’ve written previously about some of the pitfalls on the I-485. The problem is compounded by the fact that most principal asylees are not interviewed during the Green Card process, and so a USCIS officer never asks you to clarify or correct your answers on the I-485 (dependent asylees are supposed to all be interviewed during the Green Card process, but this does not always happen). Thus, if you make a mistake on the I-485, or if your answers between the I-589 (the asylum form) and the I-485 are inconsistent, this could cause problems at the naturalization stage, and could even cause USCIS to deny your application for citizenship.
The best way to protect yourself here is to make sure that the I-485, the I-589, and any other forms or visa applications you submitted are consistent–in terms of addresses, jobs, family members, membership in organizations, arrests (including political arrests), lies to the U.S. government (including when you applied for a visa), etc. If there are inconsistencies, you should explain those on the I-485 supplement page or in the cover letter. Also, make sure to keep a copy of all the forms and documents you submit to USCIS, so you will have those when you prepare for naturalization. If you do not have copies of your forms and documents, you can obtain them from the government through a Freedom of Information Act request.
A second challenge is the N-400, the naturalization form. This form also contains dozens of confusing questions, and the answers must be consistent with the answers you gave on your prior applications (forms I-589 and I-485). If not, you should explain the inconsistencies. During the naturalization process, USCIS looks closely at your entire history, and so issues that may have been overlooked during the I-485 process (where most people do not receive an interview) often come to light after the N-400 is filed.
One question that sometimes causes problems on the N-400 is whether you have ever given false or misleading information to the U.S. government. Say, for example, you listed your membership in a church on your I-589, but forgot to list that membership on the I-485. USCIS could–and I have seen this–accuse you of lying on the forms, since there is an inconsistency between the I-589 and the I-485, and you failed to mention this “misrepresentation” in response to the question on form N-400. The best way to avoid a problem is to be sure that all your forms are consistent, but if you do make a mistake, you can explain what happened and hopefully overcome the problem (in my experience, when you explain the inconsistencies, USCIS will generally approve the application).
Another challenge is the naturalization interview. Sometimes, asylees are asked about their asylum case during this interview. Of course, by the time you naturalize, many years may have passed since the events of your asylum case, and so you may not remember all the details. For this reason, it is a good idea to review your asylum case prior to the naturalization interview. Also, if you are asked a question and do not remember the answer, it is better to say that you do not know, rather than to guess and risk making an inconsistent statement. For the most part, officers rarely ask detailed questions about the old asylum case, but they could, and so you should prepare accordingly.
Finally, if the N-400 is approved, you will be scheduled for an oath ceremony and sworn in as a United States citizen. The whole affair is a long and often stressful process, but once the asylum case is approved, there is far less uncertainty and it is mainly a question of navigating the bureaucracy. If you keep copies of all your forms and documents, and you are careful that each application is consistent with prior applications, you should have little trouble moving through the process and–finally–becoming a U.S. citizen.
Jason, I’m an asylee & received my GC today. My asylum approved on March 2019. The GC says resident since March 2021. When can I apply for U.S. citizenship: March 2024 or March 2026? Thanks in advance!
Assuming you meet all other criteria, you can apply in March 2026 (5 years after the back-dated date on the GC). However, you are allowed to mail the N-400 form 90 days before the 5 years, and so that would be December 2025. Take care, Jason
Thanks Jason. Can I travel to my home country with a RTD – Refugee Travel Document? Will there be a problem when I return back to the United States from my home country?
If you are the principal asylee, returning to your home country can cause problems. I wrote about that on January 6, 2016. Take care, Jason
Jason, I’m an Asylee & would like to invite/bring my parents to visit the United States. What’s the USCIS form that I need to use? Thanks in advance.
There is no such form – they can apply for a visa the same as any other visitor. You can complete an affidavit of financial support, which in some cases can be helpful for the person to get a visa (form I-134, available at http://www.uscis.gov). Also, if they try to get a visa and fail, they/you might try to get humanitarian parole (form I-131). However, many people are applying for that now, due to so many humanitarian problems, and I think that system has essentially stopped work (I am not certain, but that is what I have been hearing). Take care, Jason
Dear Jason,
Thank you for all you do. I applied for n-400 based on asylum, but for emergency reason, I had to travel to COP. My country is in a mess now. It also sounds like my interview is very close. Would I be asked whether I went back to COP? If I get asked, how could I approach this question? Any suggestions.
Thanks again,
Josh
You will be asked to list all countries you visited, and how long you visited each country, so you will have to tell them (you cannot hide this, as they likely already know, and people who try that often get denied). I think you will have to be prepared to explain why you went back and how you stayed safe, and hopefully have some evidence about that. I wrote something about this on January 6, 2016. For my cases, I have had clients go back for emergencies, and no one has ever been denied citizenship for that reason. In fact, for the most part, they are not questioned too much about the return trip. Nevertheless, it does not hurt to be ready, in case they do ask. Take care, Jason
Jason, the US immigration is a big mess! I’m an asylee & applied I-485 on Jan. 2020, gave biometrics on Feb. 2020. On USCIS website, my case status is “As of February 20, 2020, fingerprints relating to your Form I-485, Application to Register Permanent Residence or Adjust Status have been applied to your case”. Then, USCIS sent me a letter a month ago saying “you don’t need to give biometrics, we will use your previously given biometrics.” Today, I received another letter asking me to provide biometrics at USCIS application support center.
Do you have any idea what’s going on? I’m planning to call USCIS. Your thoughts are really appreciated.
I think they are a big mess. When things like this happen to my clients, I recommend they just attend the fingerprint appointment. It may not be needed, but failure to attend could result in your case being denied or delayed, and so it is better to just go. Maybe you can call them and talk to someone, but given how annoying it is to call, and how unreliable their advice is by phone, it may be easier to just attend the appointment. Take care, Jason
Jason, based on current processing times, an asylee gets his/her GC after 1+4 years (need to wait for a year before applying for I-485) = total 5 years. It looks an asylee will most likely apply for a US citizenship before getting his/her GC and may get his US passport before the GC. For an asylee, is it really worth to apply for GC? Is it mandatory for application for US citizenship? What I need is to work & I can do that with SSN & Drivers License. Any advice for asylees applying for I-485 in the future?
That is not how it works. You have to get your GC, which is back-dated one year for asylees (at least it should be back-dated; that does not always happen), and 5 years from the date on the card, you are eligible to apply for citizenship. So you can’t skip the GC stage. The GC normally would not take 4 years. We are seeing cases take 1.5 to years, but it certainly can take longer. Unfortunately, unless USCIS corrects this disaster (or is somehow forced to improve things though a lawsuit), the wait time will remain very long and you will have to get the GC, wait 4 years, and then apply for citizenship. Take care, Jason
Jason, currently at Texas service center based on granted asylum, I-485 takes up to 44 months, which is almost 4 years. As to me, it’s been almost 3 years since I applied I-485. Based on current USCIS processing times, I most likely apply for US citizenship before getting my GC.(It’s been almost 4 years since asylum granted). So that’s is I’m wondering if applying for GC worthy for an Asylee.
It is a total disgrace that they are so slow. Mostly, we are seeing such cases take around 2 years. However, you cannot apply for citizenship unless you have the GC and have waited 5 years after the date on the GC (for citizenship, you can mail the N-400 form up to 90 days before your 5-year green card anniversary). And so in your case, unfortunately, the clock has not even started for you to apply for citizenship. Once you get the GC, you can look on the card and it will list the date you became a resident. You can file for citizenship 5 years (really 4 years and 9 months) after that date. But you cannot apply for citizenship based on the fact that your GC is very long delayed. Take care, Jason
Hi Jason, how can I speak to a real human being when dialing 800-375-5283? I need to talk to a person because need clarification on the letter I received from USCIS a month ago. Thanks in advance!
There are some “hacks” to try to get to people faster, but I forget exactly what they are. Maybe someone else will remember. I do think if you try to schedule an INFO Pass appointment, that will eventually get you to a person, and then you can ask about the letter, but you may have to play around on their system for a while to figure it out. Take care, Jason
I learned that if you use some words, the system will lead to a human being. One day I used “expedite” and in another day I used “emergency” where in both cases I’m able to talk to a human being.
Thank you – I can never remember the “hacks” to get through quickly. You can also use “ask Emma”, which seems to be somewhat helpful. Take care, Jason
Dear Jason
I would like to thank you from the bottom of my heart for all your advice. Finally, I have received my physical green card today in my Mail.
I have a few questions regarding the residency start state. I would appreciate it if you could help me to understand.
My asylum was granted on 08/26/2019 and applied for adjustment of status on Sep.15,2020 and received the Notice of Receipt 22,2020.
My permanent resident card says Resident since:07/28/20, I thought my adjustment of status Resident start date will include my one year Asylee status meaning from Aug, 2019 or Sep-2019) thereby I can count this year when I apply for my Citizenship.Could you please help me to understand this and give me some advice.
Thank you again so very much again!
In sincere deepest gratitude,
Banu
The GC does not include the time you spent as an asylum seeker, asylee or while waiting for the GC. Instead, USCIS gives you one year of credit for all that and back dates the GC by one year. So assuming you meet all other requirements, you will be eligible to apply for citizenship after about April 30, 2025 (5 years from the date on the card, and you can mail the N-400 up to 90 days early). Take care, Jason
Dear Jason,
Thank you for your work and this website!
I had a pending asylum case a few years ago that was never scheduled for an interview or heard. I, then, married my partner (a US citizen) and received a marriage-based green card and withdrew my asylum application. I am soon to be interviewed for naturalization and was wondering if I should be expecting thorough questions regarding my asylum case?
Best,
Sonora
It is possible they will ask some questions about the asylum case, and so you should review that to refresh your memory. However, I doubt they will ask much (if anything). It just never hurts to be prepared. They likely will have your asylum file, though, and so if there is anything problematic there, you should think about how you want to respond. Take care, Jason
Hi Jason thanks for all the support you give us,
I have 19 years living in the USA, I obtained my asylum, Green card, now I am an American citizen since Dec 2020, I have never left the country, Now I have to travel to my home country and see my mother for her medical conditions.
1- I am going to travel with a USA passport, do you think I will have a problem when I return to the USA?
2-You think that I will have a problem when I return since I had to use my credit card to buy the ticket and rent a place to be with my mother and sisters.
I think it is very unlikely you will have a problem, and I would not worry about that. If you are interested, I wrote something on returning to the home country on January 6, 2016, but given that you have been gone so long and you are a US citizen, I doubt there would be an issue. On the other hand, I guess there is no harm to reading the article and trying to be careful. Take care, Jason
Thank you very much for your help
Hello Jason
I am an asylee with a pending permanent resident application, presently using my i-94, social security and driver license to work in the US, My EAD expired 5 months ago, Do i need to renew my EAD and is there any implication if i do not renew the EAD since i can work for any employer with those other document without providing any EAD.(emploment authorization card)
Thanking you in anticipation for a quick response
Asylees are eligible to work without an EAD. It is often easier to have an EAD to show employers and to get a driver’s license, but it is not legally required. Take care, Jason
Any contact info to talk to a human being at uscis office 🥺?
I tried calling the 800 number but the automated system won’t let me talk to someone.
Please help
I think you just have to keep trying. As far as I know, it is still possible to talk to a human, but it is not easy. One possible trick I heard about was to press 2 after the computer answers your call. Whether that actually works, I do not know, but there is no harm in trying. Take care, Jason
Thank you so much Mrs Jason.
I’m definitely trying this tomorrow.
Hi Jason,
I am an Asylee based naturalization seeker who applied for my citizenship in June 2020. It has been more than six months. However, I have not yet been scheduled for biometrics. I called and USCIS initially told me to wait for 90 days, then 30 days a couple of times after their service center is reopened following closure due to COVID Pandemic. But Nothing yet. What should I do? I applied the I-400 myself and I had two travel histories overseas in which one was stayed for 6 months and two days and the other stay was due 6 month. I am worried now given that my other friend who applied recently, after me is scheduled for her fingerprint. Any possibilities I should get a heads up about? Thank you very much for your time!
In terms of biometrics, if you have the receipt, you should be fine. Biometrics have been delayed for many people, and an N-400 takes probably one or two years to process, so there is no emergency in terms of biometrics. I guess if you are very concerned about this, you can call again and/or make an inquiry with the USCIS Ombudsman (a link is at right) – they can sometimes help with delayed cases. In terms of the 6 months and 2 day absence, I do not know whether this will will be considered a break in your presence, which would block you from citizenship. The N-400 page at http://www.uscis.gov has some good resources about eligibility. I think it would be worth checking that to see where you stand, and if it is unclear, you may want to prepare an argument about why you are eligible (or have a lawyer help you with this). That way, if USCIS claims that you are not eligible, you will be ready to respond. Take care, Jason
Hi Jason,
I hope you’re doing well. I have a question… I was arrested for DUI almost 3 years ago. When I applied for my EAD renewal after that, I provided the copies of the arrest details, and a copy of the court case to USCIS. I got my court case expunged this year. When I apply for a new EAD next year, should I check the box about arrests and convictions in the application, and should I send those copies again, or they have them on file already? I’m not sure if my paralegal knows the right thing.
Thank you
I am not sure either, as the instructions are not so clear and I have not looked at that issue. However, I think the safer approach is to provide the info each time – it should not block you from an EAD (as it did not block you before), but if USCIS thinks you are trying to hide the arrest (because you did not mention it), that could create problems. Take care, Jason
Hi Jason,
I applied for the I-485 after receiving my approval on Dec 2019 also for travel Document(I-131) at the same time (Houston Office) , they have rejected my travel doc since I didn’t pay the fee and they mentioned My category is different. Just wanted to see How can I get the travel document and if you have any updates on the timing.
Thanks.
Assuming you have asylum, you want the Refugee Travel Document, which is one travel document you get from the I-131. You should be able to pay the I-485 fee and get the RTD also, as we have done that pretty recently, but maybe the rules changed (or maybe USCIS made a mistake). In any event, if you have asylum, you can apply again for the RTD and maybe pay the fee, as that may be faster at this point than trying to use the I-485 receipt in lieu of payment. Take care, Jason
hello jason
if someone’s court case got terminated due to a marriage-based green card. but lost the letter of termination or (judge order of termination ). is there any way to get it? and whom to talk with about getting a letter that lost already?
JUST ADDING THIS TO the PREVIOUS COMMENT
and also should we carry the termination letter along with RTD when traveling to another country
You can contact the court. If the file is still there, you can see it and make a copy (depending on the covid restrictions at your court). Also, maybe they can get you that info electronically and just email it to you. You can call them to ask – you can find their contact info if you follow the link at right called Immigration Court. Also, you can get evidence that the order was issued by entering your Alien number here: https://icor.eoir.justice.gov/en/. Finally, if all else fails, you can file a Freedom of Information Act Request to get a copy of your file from the court: https://www.justice.gov/eoir/freedom-information-act-foia. Take care, Jason
JUST ADDING THIS TO the PREVIOUS COMMENT
and also should we carry the termination letter along with RTD when traveling to another country
Hi Jason
God bless u for your work
Do u have a lot of clients waited more than 1 year to receive there green card after applying through asylum approval?
And how much percentage u think for waiting for 3 years and a half for getting GC after asylum approval
Thank You
Best
Moe
I think it is pretty common to wait one year, at least for my clients. Few clients wait more than 2 years, though I can think of at least one. I have no idea why, as his case is “clean” and he is from Central America, which normally does not have security-check delays, but it is taking a very long time. Take care, Jason
Hello Jason,
Asylum office requested for more evidence to my friends asylum case but Her lawyer wants more money in order to send these documents which she said she don’t have because She pay him a fee every time She needsto respond.This time She want to respond herself will it affect the decision
She can respond herself. The lawyer is required to give her a copy of the request for evidence if she does not already have it. Normally, there is a very limited time to send the response, so she should act as soon as possible. It can be difficult to craft an appropriate response, but she should try her best. It is better to send a response than to send no response, which will certainly cause the case to be denied. Take care, Jason
To add to Jason’s point, I would also recommend your friend to be very careful with this.
It depends on what evidence the asylum office is asking for. If it’s simple documentation, such as arrest record or medical record, it might be fine. But if it’s more complex I highly recommend her to go through the lawyer.
This is because if she failed to present adequate evidence and the asylum office referred (or denied) her case, she would have to pay much higher attorney fees because it involves much more work to present your case in immigration court, appeal to BIA and federal court. We would be looking at 5-10X amount of money to prevent her from being deported.
I could not say this enough, you have to do everything, I mean everything, you can to win the case when it’s in the asylum office. You definitely will regret it if you failed to address asylum office’s questions and your case got denied.
Hi Jason, I’m an Asylee thinking to apply for RTD. Can I travel to my home country for vacation with RTD and GC? Will there be any issues? Or I need to wait until to become a US Citizen? Thanks!
You can, but potentially you will have problems when you try to re-enter or when you apply for citizenship. I wrote about this on January 6, 2016. I have had clients do it and not have trouble, but it depends on the case and on the mood of the officer greeting you when you arrive back in the US. Take care, Jason
Dear Jason,
I draw strength and encouragement from your word of advice.Thank you so much.
I have a question if someone was referred to court, if eligible can someone marry a green card holder, could the person be saved from being deported.
Just thinking about the “what if’s”
Potentially, though it is a lot easier of the spouse becomes a US citizen. If the spouse only has a GC, generally speaking, you would have to leave the US to get your own GC, and this may be difficult or impossible. There are exceptions to the rule, though, so you would have to talk to a lawyer, and also, sometimes, you can delay a case until the spouse becomes a citizen. I wrote about these issues on August 6, 2018 and August 28, 2018. Maybe those would help. Take care, Jason
Hi Jason
I got approval for I 730 petition.got derivatives asylee status now
1. My work permit is going to expire in July.should I renew ? and do I need to pay the fees for the work permit . I heard it’s free for the first time after grant of asylee status ?
2 I am also applying for travel documents soon. How long this application takes normally in nabraska service center
Thanks so so much for the help
Dear RP,
Would you please let me know how long it took you to get 1-730 approval and from which center?
Best,
Mari
Hello @ Mari
It took around 1 year for whole process
Nabraska center
1 – If you need the EAD, you should renew it (though you cannot renew until 180 days before the old card expires). You have to pay the fee or do a fee waiver, form I-912, available at http://www.uscis.gov. 2 – It is not so predictable; maybe 4 to 6 months. If you apply for a GC, when you pay for the I-485, you can get the Refugee Travel Document (form I-131) at no extra cost. I think that will not work for the EAD, though apparently some people have had success with that. Take care, Jason
Hi Jason, I am due to apply for my asylum based citizenship in March 2021. How much do you charge to help with the form and paperwork for this. Please advise. Thanks
It depends on the case, but normally for this we charge $1500. Take care, Jason
My hearing was on 2017 and my decision was announced after two years which refers to the court. The reason included was very unfair USCIS mentioned that ( resettlement to third county which never give citizenship).My lawyer sent motion of reconsider in one month but I didn’t get any response. On my hearing schedule day at the court which gave me 3 years time for court hearing. My lawyer mentioned to the Judge that my decision in an unfair decision. Judge suggested to my lawyer to write again to ICE. My lawyer wrote again to USCIS referring from first motion to reconsider and still I didn’t get any response. Its been more than one and half year. My lawyer said we need to wait for our court hearing which is in 2022.I’m household of 5 members and my youngest son U.S citizens and he is diagnosed with autism. I lived in Seattle. What would you suggest as a lawyer?
Trying to reopen the case at the Asylum Office sounds like it did not work. It would have been nice if they responded, but it seems to me that that path is closed. You can try to expedite the case in court – I wrote about that on April 20, 2017. Take care, Jason
Thank you so much Jason
Jason, I’m an asylee & applied for my GC on Jan. 2020, didn’t received the card yet. Seems it’s taking long. My question is that since GC is taking long time, what if I skip to apply for GC for my wife & son (to save some money) and apply directly for US Citizenship after five years? Is the Card mandatory to apply for US Citizenship for an asylee? GC is also much mandatory to work & live in the US? Currently, I’m employed with SSN & Drivers License. I don’t think my wife needs it to live & work and so do my seven year son. (FYI: my wife & son are here in the US). Thanks in advance Jason!
They need to get the GC before they become US citizens. What’s more, if the principal applicant becomes a US citizen and the dependents are still asylees (and do not yet have green cards), they will lose their asylum status and have to re-apply (this is called a nunc pro tunc asylum). So you really need to get GCs for everyone. It is expensive, but for a young child, there is a reduced fee for the I-485 if they file with a parent. Also, maybe you are eligible for a fee waiver, using form I-912, available at http://www.uscis.gov. Take care, Jason
Jason, I’m an Asylee & currently I’m filling form I-485 for my wife & son. The form requests us to fill another two forms (I-944 & I-864) which are so tedious & lots of repetitive questions. In page 14 of I-485 form, it says “Are you exempt from the public charge ground of inadmissibility?” and I don’t see any options for an Asylee. Question: as spouse & son (dependent) of an Asylee, do they need to fill forms I-944 & I-864? What will happen if I ignore those two forms? Thanks in advance!
Asylees and asylee dependents do not need to complete the I-944 or the I-864. The I-485 does not include asylees as a category that is exempt from the public charge form, which is idiotic, but I imagine USCIS did that deliberately to mess with asylees (it seems too obvious a problem to have simply been overlooked by accident). When we fill the I-485 form, I check the box indicating that the asylee is exempt and I circle the questions and write “see cover letter.” In the cover letter, I explain that the person is not subject to the public charge rule since he or she is an asylee. So far, that has worked just fine for us. Take care, Jason
Hello Jason,
I am asylee who is currently applying for jobs. However, the companies ask for EAD, but mine is gonna expire soon.
1.If I file for a renewal can I show them the I797C notice to work while waiting for the card.
2.I can also work with a combination of I-94 (or unrestricted SSN) and driver’s license, without EAD right? (I tell them this they seem not to bother with it)
Thank you so much,
1 – If you file to renew the old EAD before it expires, the receipt automatically extends the old EAD by 180 days (the receipt itself states this). The earliest you can file is 180 days before the current card expires. 2 – If you are an asylee, you can work lawfully with those documents. Take care, Jason
Thank you for the response. I think I will also apply for EAD just to show to employers. One question on on I-765 form though, a question asks “Have you ever been arrested for, and charged with, and/or convicted of any crime in any country?”. My answer to this question is yes, since I was arrested back in my country for political reasons which is the basis of my granted asylum case. The form instructions say that I should present evidence of the arrest report. Do I need to attach the report with translation or is it just for pending asylum applicants?
Thank you so much, I am grateful.
I think for an arrest like that, you need to explain what happened in the cover letter and include whatever evidence you have. I would keep the explanation short – maybe just state that you were arrested for political reasons in your country and that is a basis for the asylum claim. Take care, Jason
Hi Jason! If someone have pending asylum case and only process C8 EAD card. Is that possible that hiring company can apply H1B for him?
It is possible, but unless you have some status other than “asylum pending”, you probably need to leave the US to get the H1b. This may or may not be possible depending on the case, and so you should talk to a lawyer about the specifics of your situation to be sure. Take care, Jason
Hi Jason and my dear friends,
Thank you Jason and all friends. I am an asylee and my daughter got married to a resident about two weeks before my final approval. So, she got out of status and then her husband applied for her. Two days ago she checked her status online and it stated that “ your I-130 has been approved and your case has been closed and we send your information to NVC and they will contact you for further details.” Is there anyone who can tell me what will be the next step for her and how long will it take. Also she has a five months old kid who is US citizen.
If she is in the US, she needs to file an I-485 and accompanying forms. She may or may not be eligible to do this. I did posts on marriage to a US citizen and to a GC holder on August 6, 2018 and August 28, 2018. Those may help, but I think she needs to have a lawyer look at the specifics of her situation and determine the best path forward: Either file the I-485, wait until her husband is a US citizen and then file the I-485, or try to process the case at the US consulate overseas. Take care, Jason
Hi Jason
I am going to apply for EAD renewal and i am an ASAP member. So I don’t have to pay for $85 biometric fee? Is that right ?
I don’t remember all the rules, but the ASAP web pages discusses this, and so does the I-765 page. Hopefully, that will help. Take care, Jason
Hi Jason,
EOIR has published a new executive order about the master hearing. I am going to move to the new state which has higher grant rates on courts. What do you think about the new EO? Do you plan to write an article about it?
It essentially allows (or requires) people to skip the Master Calendar Hearing and file for any relief by mail. The point is to move cases along faster. We’ll see how long it is implemented for, and how long it lasts as a policy. I don’t think it will make a huge difference, but if it avoids an extra trip to court, that would be a good thing. I don’t plan to write about it, but if it seems particularly good or bad, I may. Take care, Jason
The EOIR OPPM only applies to Respondents (anyone who is in immigration court proceedings) who are represented by an attorney. If there is no E28 form, which is the form that tells the court that an attorney is representing someone, then people will be scheduled for Master Calendar hearings as normal.
Good point – Thank you. I forgot to mention it. Take care, Jason
Dear Jason
I am a member of Asylum Advocacy Project organization and I look forward to filing an EAD application soon. I am facing the question: when to file it, after the passage of 150 days or 180 days? I hear that USCIS rejects the applications saying that no 180 days passed, therefore they refuse it. Are they right or wrong?
I have not heard that, and as far as I know, you can file after 150 days. I suppose if you want to be extra-cautious, you could wait 180 days, but I have not heard about EAD applications being rejected because they were filed after only 150 days. Take care, Jason
Hi,
Is there anyone who applied for affirmative asylum and waiting for interview but one morning when he checked his/her status online it said Decision is mailed to you (without the interview) And when he/she received the decision letter mail, it says approved!!
I was just wondering… because its winter time.. cool weather and breeze…. just wanted to chill with some miraculous comments.
I guess all things are possible (though this is not possible under the current law unless the Asylum Office makes a bit mistake), but I never heard of it. Take care, Jason
Hello Jason,
Please I am an asylum seeker in immigration court can my company that I worked for sponsor me for employment based green card ?
They can sponsor you, but whether you can actually get the GC without leaving the country, I do not know. Most people in court cannot do that, and it is very difficult or impossible for them to get the GC overseas. But it depends on the case. I wrote about this issue on August 28, 2018 and September 6, 2018, but if you think you want to try, you need to talk to a lawyer and have the lawyer map out in writing exactly how you will get from where you are today to having a GC. Take care, Jason
Greetings Jason thanks for your valuable help,
After the asylum and residence process I just became a US citizen 1 month ago. I have never traveled internationally since I arrived in the USA 18 years ago
( neither as an asylee nor as a resident ), I need to return to my country and see my mother who is in poor health.( stroke ) Do you think I may have a problem when I return to the USA? traveling with an American passport?
Thank you vey much for your help
Hi Carlos D.
I am not Jason, but I became U.S. Citizen almost 1 year ago.
You can travel to your home country with U.S. Passport, you completely will be fine and no problem when you return to U.S.
Hope your mother will be OK, yes you need to see your mother as soon as possible.
Thank you for your respond , can you share something about your experience please
I think it is very unlikely you will have a problem, and I have clients who returned home for similar reasons without any trouble. So I think you should not worry about this. Nevertheless, it does not hurt to be prepared to explain why you went back and how you stayed safe, so you are ready in the very unlikely event that anyone questions you about this. Take care, Jason
Hi Jason I hope you are well, I just found this previous message. Thank you for your answer.
I have used my credit card to buy my ticket and rent a place to be with my mother and sisters, do you think they will make me in trouble for this when I return to the USA?
Thanks once again for your help.
I responded under the other comment, but I highly doubt you will have any problem. Take care, Jason
Dear Jeison please we beg of you I agree with the person below , can you write to Biden to help Ajust status faster ? I have been waiting for Asylum i485 for 2.5 years to be process . Too long too much waste of time … they are not doing anything at uscis
How are you Jason? May I ask you to be as an asylum lawyer, to request Biden Administration to reduce the wait time to file N400 from current five years to three years? I think it’s quite fair to cut to three years for asylees since we’re been waiting so long in the whole process. Thank you!
I agree that wait times should be reduced, but I do not have any power to do that. Also, it is not up to Joe Biden, as he would need Congress to change the law, and I do not think this issue is on the agenda. That said, I certainly will be advocating for shorter wait times for asylum and the green card, though I am not sure my advocacy will have much effect. Take care, Jason
Thank you Jason for your response. I agree and I do believe bills to be put on the agenda and then go further to become laws is because people spend efforts and advocacy on it. As an ordinary people, I don’t know how to kick it off. So I hope someone like you with the knowledge and mercy would start the beginning and then, we will be all joinning you. Thank you!
I think no individual effort would make it possible. There should be a strong campaign strategy and plan to make this happen and just telling “this is not fair” is the worst strategy. I don’t think anyone cares if it takes 8-15 years to become a citizen for an asylee here. No one will think it is inhuman for an asylee to suffer from economic difficulty due to the long wait times. If they do not fill those positions other American citizens will fill which is a good statistic for the politicians.
From my perspective, these procedures (asylee, refugee, EAD, citizenship etc ) are not seen as a human right, but privileges given by the government.
One solution would be to provide a win-win solution for everyone.
The problem long and difficult procedure right? The majority of the people will be ok with that. The key here to change the perception. The answer we should find the answer is “What is the benefit of making citizenship easier for asylees?”
The negative perceptions we need to deal with “Refugees and asylees are all criminals, they should not be here? They are burdens on the wellfare system, using our tax money” and name it. for every single item we should convince people it is not right. I can hear you saying non of these can be right. I know, I am telling what people(trumsp and his supporters may be many others ) say and use for the justification.
Reality; lots of studies/numbers are showing many refugees and asylees are great contributions to society (more than some Americans); many people who say they are American are indeed immigrants from 2-3 generations earlier; less likely to commit crimes than a tourist or citizen (prisons are full of citizens and the USA spends around 80billons annually ); instead of using tax money, they pay tax even more than others because we don’t know tips and tricks how to steal from the government.
Short solution premium processing for people who can afford faster processing. It will decrease the burden on the system and create extra revenue for the effective system. Another idea is questioning the professionalism, accountability, and transparency of the institutions that work in this field. Why only notification we get is “your application is received” and “application is pending” and “a decision is made” what is happening in between? Why I can not see how many cases have been complete in an office on a daily basis? Why the performance of these offices are close to the public?
I do not know what else can be done…
I think this is an important point – the Trump Administration reduced transparency. Hopefully, the Biden Administration will improve that. Also, of course, Trump amplified lies about non-citizens, and for people who are intuitively predisposed to oppose immigrants, this provides more than enough justification for their beliefs. I do think there are solutions, but they are tedious and difficult: communicating empathetically with opponents, listening to them, telling the stories of asylum seekers. All this takes time and patience. But I think it is necessary work in order to erode anti-immigrant sentiment in the US. Take care, Jason
There are different groups advocating for immigration reform. One I like is the American Immigration Council. Another is the Torture Abolition and Survivors Support Network. There are many others excellent NGOs as well. Take care, Jason
Hi Jason,
Thanks from this amazing Blog. I had a question about filing N-400. If someone has been issued a Green Card through Asylum in first quarter of 2017, when is a good time for him to start filing and submitting the form for naturalization ( N-400 ) ? So firstly I wanted to know when will I be technically eligible to apply for my naturalization. Second even if I have time left, given the fact that USCIS is already running too slow due to COVID19 pandemic, do you think it will be a problem to submit the application few months early so by the time it gets passed the queue and reaches in the hands of USCIS staff it will reach its due time and will get processed on time. What do you suggest on this ?
Thanks in advance.
Look at the date on your GC (there should be a date that says something to the effect “resident since…”). Assuming you have not stayed outside of the U.S. for an extended period of time (called broken continuous residence requirement, which is usually 6 months or more during your time as LPR), you’d be eligible to apply for naturalization 4 years from the “residence since” date on your GC. However, there is a 90-day early filing provision, which allows applicants to file 3 months early. This means that you could submit your N-400 3 years and 9 months from the date on the GC.
As a side note, remember that 1 year of your asylee status is counted towards your LPR status. It’s sort of like accruing time on your residence requirement for naturalization and adjustment purposes. What is important, though, is the date you were admitted as LPR (this date is usually backdated one year from the date of the I-485 approval). So, to wrap up, you can, barring any continuous residence requirement, submit your N-400 3 years and 9 months from the date you were admitted as LPR if you were admitted to LPR based on your asylee status.
***Jason will respond soon.
You have to look at the date printed on the GC. You can file 5 years after the date on that card, and you can mail the N-400 up to 90 days before the 5-year anniversary. If you mail it earlier, it will likely be rejected, since you will not yet be eligible to naturalize. Take care, Jason
Jason, yes, you are correct, 4 years and 9 months from the date printed on the GC. I mistakenly put 3 years and 9 months from the date printed on the card, when I actually wanted to say 3 years and 9 months from the date the I-485 was approved. Got the approval and “residence since” dates mixed up. My bad. But the principles, provision, etc. are correct. Thanks for pointing that out!
Hi Jason,
I hope you are doing well and healthy. I have applied for asylum and have been interviewed 2 years ago still with no-decision. One of the threats that I am facing in addition to my home government that had filed my asylum case based upon that was my uncle who was a member of a governmental paramilitary group (recently marked as a teroristik group by US). In a section in I-589 where it asked about membership of relatives in a group, I declared him as a member of that paramilitary group. Recently, I have heard from many people that this is the reason why I might face a security background check forever, but this does not make sense to me because he is actually a threat for me and why I should face a lengthy background check because of my enemy’s background. Could you please let me know about your ideas on this based on the previous similar cases that you have ever seen?
Anything is possible, as the system is a complete mess, but I would doubt that is the reason for the delay. If you ever gave anything of value to your uncle, which might be considered material support of terrorism, that would be a more likely cause of the problem. But otherwise, post-interview delay is common, and it can be long. You can contact the asylum office to inquire – you can find their email if you follow the link at right called Asylum Office Locator. You can also try the USCIS Ombudsman (a link is also at right). They can sometimes help with a delayed case. If nothing else work, you might consider a mandamus lawsuit. We wrote about that on October 2, 2018. Take care, Jason
Hi Jason, hope you are well
I got the I730 approval notification from USCIS for my wife on September 16, 2020 and USCIS sent the approval notification to Department of State for visa processing on October 14, 2020 but I have not yet received any updates or notification from the Department of State(NVC).
Do you know How can I contact with U.S. Embassy or How can I make an inquire, because I don’t have Case number yet and what should I say to U.S. Embassy ? I think If I send Email to Embassy now, they don’t know who I am.
I’m checking my Email address that I gave to USCIS every day but I didn’t receive any Email from NVC.
Thank you for helping
Hello Ashlee
When you had applied i730?how long did it take to get processed?which centre?
I applied Feb, 2019 and It took more than 19 months . I got approval on September, 2030.
Nebraska service center
Thank you for your reply
This part of the process, like everything else these days, is very slow. There is a link at right called I-730 Family Reunification Manual, and that has some trouble-shooting info that might help. But given how things are going, your situation is probably normal. Anyway, it would not hurt to check the manual to see if there are any helpful ideas. Take care, Jason
Thanks for the useful information you have provided. I was admitted into the US in 2005 on a visitor visa and later I changed my visa to F1 and once I finished my school I again changed the vis to F2 and eventually I applied for asylum in 2012 and in less than a year I was granted asylum.I received my GC in 2014 and in Sep of 2019 I applied for citizenship and last last month my citizenship application was approved. During the past 15 years I had submitted many applications to USCIS and every time I used to keep a copy of any document I submitted for my personal record. I agree that it is very important to be cosnistent when submitting different applications to USCIS. I guess the cheapest way to be consistent is to keep a copy of any document you submit to the service so you may double check dates and addresses when you are submitting future applications to the service. And from my own experience I would strongly urge everyone to retain a competent attorney if you can afford one…
Thank you for the comment – I think this is the best approach, and I think you should even keep forms and documents after you are a citizen, as you never know when you might need that information (for example, if you file an immigration petition for a relative). Take care, Jason
Dear Jason I’m getting ready to file form i485 but on the USCIS site the form says on top it expires on 10/30/2020 , what can I do ? I don’t see a fresh form and I’m afraid they reject in this case . What do you do in this type of situation sir ? Thank u
The most recent form is on the website. You can also check the “edition date” on the I-485 web page and it will tell you what editions of the form are accepted. Take care, Jason
Dear Jason,
I would like to express my gratitude for your help. My question is related to Pandemic -EBT Cards intended to support children who are eligible for free reduced – price school meals through the federal school breakfast or national school lunch programs.
My children received these cards for the second time. We have neither applied nor used the cards because of our immigration status.
What is your opinion? Considering that P- EBT is a federal program, will these cards be considered a public charge?
Thank you for your continuous support,
The public charge rules do not apply to asylum seekers or people with asylum (or people with a green card). Other cases do require you to meet the public charge requirements (hopefully Biden will eliminate this rule), but even so, I think reduced-price meals do not directly count in the public charge analysis. I can look at the form I-944 to get a better idea about this. Take care, Jason
Hi Jason
Isn’t true the Ninth circuit court ruled against the Public Charge rule ? And If its so, what else now ? Is that Public charge rule is still effective even the court ruled against it in 2-1 Votes ?
To be honest, I have lost track of the public charge litigation, as it has been constantly changing and I am only looking into it if I have a case at that moment. That is a long way of saying, I have no idea. Assuming Biden comes in, I expect he will eliminate the public charge requirement. That may take a few months, but hopefully, it is coming. Take care, Jason
“If you apply for asylum now, you should be a U.S. citizen by the time Barron Trump runs for President”
That sentence us truly funny ,by sad ,it s reality of nowaday.I m just wondering if the asylum will ever be the way it was in 1900’s.
I filed my case when he was just 8 years old kid, I am still waiting and he is a young 6.4′ guy. 🙁
Hi Jason, thank you for your service.
I have sent email to San Francisco asylum office to withdraw my asylum application since I got my green card based on US citizen spouse. They send me this after I inquire the status of withdraw
“We are wating for the Field office to process their work before we process your withdrawal request”
Is this normal? Which means the field office should withdraw the application first?
Thank you.
I am not sure what that means, but sometimes, it does take a while to withdraw an asylum case. It may take a few months. If there is no news after a couple months, you can email them to follow up. Take care, Jason
Hi Jason,
Thank you for answering this. Do you think they will contact my green card field office ? that make the withdraw longer and affect my green card status?
I have a plan to travel out side the country. Can I travel before they confirm my asylum application is withdraw?
Thank you.
I do not know the reason it is slow to withdraw the case. I guess that could be a reason. As for travel, I think it is fine. However, if you travel to your home country, there is some risk even if the asylum case is withdrawn (since you told the US government that you fear returning there). Otherwise, there would only be an issue if your asylum case indicated a fear of the home government, and the US government may wonder why you traveled using the home country passport. You should be prepared to explain this if asked. Take care, Jason
Jason
I know it might sound funny but for us your are like “asylum mother” where we can come for all our problems
May God bless you
Sometimes, I am called a mutha’, but this is the first mother. I guess that is a step up. Take care, Jason
Hello Jason
Can I apply for an unrestricted ssn online?
Is it advisable to move to a Nebraska state before applying for GC
Today I got my free EAD after approval
You can contact the SS office online, but I am not sure exactly how that works. You may also be able to call them to get the unrestricted number/ Take care, Jason
Dear jason me too I’m stuck in the TSC. Since 2017 early . My green card sir is pending forever . These people are withholding these process for Asylees. I don’t know what to do for this. there is something dark happening in this location Texas . Read Their google reviews people complains . Do u know a form to contact the leadership of this place ? Like a manager of the center. This is bad Doing
My case is also pending there since 2018 and haven’t even been called for fingerprints. They did cash the money order I sent pretty quickly though-eye roll-.
I am also one of the ones who believe TSC is politicized and is intentionally creating a backlog in order to screw as many people as they can from becoming Citizens. This has been a pattern of this administration. However, you have a pending case since 2017, you should have been out of status at some point, why didn’t you make a request of outside normal processing time? The normal processing time was around 8-28 months for a long time and just went up to 43 months recently.
Also, I heard a mandamus lawsuit can help them process the case. Jason can advise to this.
Mandamus can sometimes help, but I am not sure if it will help if the case is not outside normal processing times. Anyway, you would need to exhaust normal channels first. For that reason, you might try the USCIS Ombudsman first – a link is at the right and they sometimes help with delayed cases. Take care, Jason
I don’t know of an avenue for complaint, but you can contact your Congressperson. The hope is that the new Administration will improve how USCIS operates. Take care, Jason
Dear Jason,
Reagrding the time frame issue. I am currently an asylee and I’m supposed to apply to green card in two months, however, my partner who is a US citizen suggested that we get married instead if it will make me wait “less” time until naturalized. Do you recommend doing this? is the time frame for marriage based green cards less than asylum? Many thanks!
I think it is not so predictable, but applying for a GC through marriage is currently a big pain (thanks to form I-944, which may be enjoined at the moment, but I have not checked in the last few weeks). Very likely, applying through marriage will get you to citizenship a bit quicker, since people who get a GC based on marriage and who remain married, can apply for citizenship 3 years after getting the GC. You can try to compare processing times for the different locations, but that is not super trustworthy. If it were me, I would just apply based on asylum, as that is easier and less expensive, though it may be a bit slower to get US citizenship. I guess it depends on your goals. Take care, Jason
I recently heard differently on the backdating of GC from a asylum attorney who seems very reputable on YouTube. (started following him on Facebook where he has a resourceful private group similar to your blog).
He said the backdating is actually the date of when you were granted asylum. So, if you got Asylum on January 1st 2019, applied for GC on January 2nd 2020, received the GC months later it will be backdated to January 1st 2019.
That one year of lawful presence from my understanding of that other asylum lawyer, is like credit towards the 5 years towards citizenship.
Jason, when I read your explanation of this backdating it comes across ambiguous. Are you saying 1 year backdating from the date of the i485 application in addition to another 4 or more year wait for citizenship.
Another clarification I would like, if you have to wait a year to get the GC, does that not count towards your 5 years?
Thanks
I have never heard that or seen it in my cases. From the day you win asylum, you wait 1 year (and you must be physically present in the US during this year), and then you can file for the GC. When you get the GC, it is back-dated one year. So if you got an asylum-based GC today, it would be dated December 3, 2019. From that date (2019), you wait 5 years (minus 90 days) and you can apply for citizenship. Take care, Jason
Jason is actually right. The asylum-based GC, from my personal experience and the experiences of people I know personally, or work with in a professional capacity, is backdated 1 year from the GC’s approval date. If, for example, you are granted asylum on Dec 3, 2020, your GC will say that you are an LPR since Dec 3, 2019. The foregoing example is true even if you applied for asylum, for example, 5 years before you were granted asylum on Dec 3, 2019.
According to the USCIS Policy Manual (Chapter 5), “The date of adjustment for approved applications filed by asylees shall be one year prior to the date of being approved for permanent residence. For example, an asylee is granted asylum status on January 1, 2007. The asylee files for adjustment of status on March 15, 2009, and the application is approved on July 1, 2009. The date of adjustment of status is rolled back 1 year to July 1, 2008. This is the date that will appear on the applicant’s permanent resident card and in USCIS systems. Additionally, the 1-year roll back is counted toward physical presence for naturalization purposes.”
Thank you both. I asked on the private FB group and never got a response. Looks like that guy doesn’t have a clue what he’s publishing. Sigh, it’s been such a long wait; hope I get some good news in January.
I currently have an account on USCIS, but how do I receive an alert by email when the status of my i-485 application changes? I hate having to manually go to the site and enter my receipt number.
OK, figured it out. Log into My USCIS and add the receipt number.
I think you are mixing refuge with asylee. For refugees, the green card is backdated to the date of their arrival in the US. For asylees it is backdated only one year. They should change this policy, but that is where things stand.
Hi Jason,
What if someone who is on pending asylum status worked illegally (she thought she could) for let’s say 3 months before receiving their work permit.
Will this be an issue at any stage? And if so, how could someone overcome this mistake?
Thank you in advance
It should have no effect on asylum (unless for example, you committed a crime in the process by using a fake SSN or claiming to be a US citizen). However, I think some questions on the I-485 may require you to reveal unlawful work (I can’t quite remember). If so, you should just reveal it there. We have had many asylum clients who worked without permission, and none has had any problem at any stage of the process. However, if you reveal it at the I-485 stage, and USCIS does not like it, you can file a waiver under INA 209(c), which will clean up the problem pretty easily (and this waiver is free). If you fail to do that, it is harder to get a waiver once you have the GC. Nevertheless, I doubt unauthorized employment would cause a major problem unless there is some aggravating factor. Take care, Jason
Jason you are a GODsend hero for asylees here….your explanations are always clear and very helpful….They provide much relief to so many people in depression here….
Thank you. It keeps me out of trouble, anyway. Take care, Jason
Dear Jason,
Thank you for such a thorough reply, let me ask you a final question,
Let’s you disclose this and file a waiver and you get a GC based in asylum. Will there be any issue when applying for Citizenship?
Thank you so much !
If you got a waiver during the GC process, you should not need another waiver at the citizenship stage. Take care, Jason
hello sir
i got a notification that my case is approved as a ( derivative asylee) process done in the US
1 how long it takes to get a travel document usually. ?
2 i already have a work permit co8 category . now do I need to apply for a work permit or its gonna come automatically? coz case is approved now if so how long this application taking in general ?
thanks so much for the help sir
1 – You have to apply for the Refugee Travel Document using form I-131, available at http://www.uscis.gov. The process to get one has slowed down (like everything else) and I would guess it takes between 4 and 6 months. 2 – If you have not completed a form I-765, you probably have to apply for the new EAD. You are eligible to work without an EAD if you have derivative asylum status, but it is easier to have the card. The first asylum-based EAD is free (under category a-5). Take care, Jason
Jason, thank you for this. Great info as usual.
You said that if you move to another state, you have to wait more than five years. Can you kindly explain what you mean by this?
That was a bit of a shortcut way of saying it, so it was maybe unclear. You have to reside in your current state for (I think) 3 months or more before filing to naturalize. So if you recently moved to a new state, you may have to wait a few months before filing the N-400. It is a dumb requirement, but a requirement nonetheless. Take care, Jason
WOW! Didn’t know that. That is the most absurd thing I have learned about U.S. immigration since 2020. I thought immigration was federal and not state?
Thanks for the explanation, Jason!
It is federal, but for some reason, there is that requirement about living in the jurisdiction for a period of time. Take care, Jason
Dear Jason, nice work as usual . But , I wonder if you are aware of what is currently happening at Texas Service Center. There is ongoing claims that this center is politicized and in fact it is purposely delaying asylum based green card applications , since many years ago. Not just recently . In fact , there is an entire blog similar to yours dedicated to I485s for asylees where there is countless allegations of applications being stuck in this center for years while Nebraska Service Center continues to adjudicate forms within a year and even less than six months. Sir , this Texas Service Center is crucial because it covers primarily all the east coast , north south east , southwest . On that blog there is statistical data that these applicants were able to gather from USCIS where it shows the drastic difference between TSC and NSC ,in summary you can tell that Nebraska is actively working on these asylum
i485s quarterly but TSC is literally stalling the process and creating massive backlog of such applications similar to those in asylum offices and immigration courts. Sir , I believe this is quite alarming and from what I see people are trying to start litigation and finding ways to get answers from this center in legal pathways because they do not seem to respond to these allegations . I suggest you find the possibility to write to congress on after 01/20/2020 when Biden is inaugurated and demand investigation of this TSC. I believe your clients fall under this jurisdiction . It can’t be normal what is happening here , and why applicants of the west coast that go to NSC are processed in a timely manner while TSC is creating years of backlog and data shows they are NOT actively processing the asylum based i485. People deserve a fair process and answers , specially where they are paying . Thank you
Thank you for this. First of all, you will never hear me say a good word about the TSC, as I think that office is terrible on many levels. It is also clear from the USCIS processing times data that it is much slower than the NSC. That said, I do not know why it is slower. It may be for political reasons (and I have not seen the blog you are referring to), but I am skeptical of that claim and would want to know more. My sense is that the leadership there is not competent and that they are more strictly interpreting some rules, but I do not think that explains all the delay. I suspect something else is going on – maybe a personnel shortage, or they are processing too many cases and not prioritizing GC applications. I do not know. But I do agree that the Biden Administration should look into the situation there (and throughout what remains of USCIS) and try to improve efficiency and competency. Take care, Jason
Dear Jason ,
I got my asylum approval on may 2017, but i got my green card on November 2018, they dated on the card residents since 02/07/2018 now when i will be eligible to apply for naturalization?
Appreciate as always
That is weird, but I have seen it happen from time to time. You have to wait 5 years (minus 90 days) from the date on the card, so by my math, you are talking about mid-November 2022 to file the N-400. Take care, Jason
Ahmad ! You received your card so quick ! From which state did you apply ? And I thought the green card was backdated
VA & exactly 8 months !
Hi Jason,
Thank You for your informative article.
I couldn’t agree with you more about the TSC. I got a message from USCIS in response to my request of outside normal processing times. In fact this is the coolest message I have got so far from TSC. As you suggested, It looks like they might have a personnel shortage. Here is the message:
—————–
On 10/19/2020, you or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:
Case type:
— I485
Filing date:
— 04/30/2018
The status of this service request is:
Due to workload factors not related to your case, USCIS anticipates a delay in completing your case. USCIS is committed to adjudicating immigration benefits in the order received and in a timely and efficient manner.
————————
Thank You!
Hi Jason and Sam . In response to that TSC reply . “ USCIS is committed blah blah TIMELY AND EFFICIENT” blah blah “ all that time is not “timely” and certainly “not efficient” . The new administration should abolish this agency in my opinion and create a new one or specific this TSC. They have always been “Efficient” .
Measured in geological time, it is timely. I think that is what then mean. Take care, Jason
USCIS is really struggling. Assuming Biden comes in, I hope this is an issue they take very seriously, as the super long delays are harming many people. Take care, Jason