Just before Christmas 2020 and without any advance warning, the Trump Administration changed the deadline for submitting documents to Immigration Court. Previously, documents were due 15 days before the Individual Hearing. The new rule requires that documents now be submitted 30 days before the Individual Hearing. For busy lawyers, who have many cases and many different deadlines, this was equivalent to throwing a wrench into the gears of the immigration machine. Changing a deadline like this has a ripple effect, and–more than two months later–we are still adjusting to the new rule.
Of course, this was not the first (or worst) effort by the prior Administration to sabotage the immigration system, but it does illustrate how a small procedural change can have an outsized impact: When a lawyer is struggling to adjust to a new rule, it affects the lawyer’s ability to do his best work, and this in turn has potential negative consequences for a client’s case.
In the case of this particular rule, I was hopeful that the Biden Administration would reverse course immediately and return us to the 15-day deadline. Going back to the old rule (or even the old, old rule, which was 10 days) makes sense during the pandemic, when so many cases are being postponed–why submit evidence when the hearing is likely to be canceled anyway? Alas, with regards to the Immigration Court rules, we have not yet seen substantive changes from the new Administration.
Speaking of Immigration Courts and the pandemic, EOIR–the Executive Office for Immigration Review, the office that oversees the Immigration Courts–created a web page to update noncitizens and lawyers about Covid-related postponements. Unfortunately, that web page is basically useless, and does not tell us about Individual Hearing cancellations until the last minute–if we are lucky. In the case of Master Calendar Hearings, most of which are canceled, it gives us no information at all. Again, it would be nice to have some predictability. Why not determine in advance which cases are going forward and give everyone some advance notice about that? It seems to me that this would benefit court staff as well, since they have to field phone calls about whether cases are going forward and deal with applicants who appear for court cases that have been canceled.
Predictability is a problem at the Asylum Office as well. Under LIFO (last in, first out), the Asylum Office aspires to interview newly filed cases first. However, due to the pandemic and a general lack of resources, few LIFO cases are actually interviewed. The Asylum Office literally chooses LIFO cases to interview at random: They have a certain number of interview slots for a given day, and a computer randomly assigns cases to those spots.
Since few LIFO cases are interviewed, it does not make sense for busy lawyers to file complete cases (instead we file only the I-589 asylum form and documents such as passports, marriage certificates, and birth certificates). We have to use our time efficiently, and completing cases that will not be interviewed for years is not efficient (especially since much of the work will have to be re-done once the interview date arrives). Even for individual applicants, it does not make sense to file a complete asylum case, since they will likely have to submit an updated affidavit and evidence by the time the interview is scheduled (multiple affidavits and evidence submitted at different times creates the possibility for inconsistencies and may also be confusing for the Asylum Officer).
It seems to me that there are a few possible solutions here: (1) Go back to FIFO (first in, first out), where asylum cases are interviewed in the order received and we have the Asylum Office Scheduling Bulletin, which gives us an idea about when to expect an interview; (2) Stick with LIFO, but actually interview all (or most) new cases. LIFO simply makes no sense when probably less than 10% of new cases are actually being interviewed; or (3) Stick with LIFO, but give more advance notice for the interview. That way, on the (relatively) rare occasion that a case is actually scheduled for a LIFO interview, the applicant (and the lawyer) have time to prepare properly.
These are just a few examples of the broader problem. Under the Trump Administration, every effort was made to keep asylum applicants and their advocates off balance. This was done through constant and arbitrary rule changes and procedural changes, which made it difficult for lawyers to manage case loads and for applicants to receive due process of law.
The Biden Administration has pledged to restore integrity to our nation’s immigration system. A big step in that direction will be to restore predictability.
[…] few months ago, I wrote that what applicants and lawyers need from the Biden Administration is predictability. Unless we know what to expect from “the system” and when to expect it, people cannot […]
Hi Jason,
I am a US Citizen filing out DS-260 form for my mom. I have two brothers, one of them is unmarried under 21 years old and the other one is married above 21 years old and i would like them to immigrate with my mother at the same time. I have already listed their names on the I-130 petition. The questions on the petition is
1- Is this child immigrating to the U.S. with you? Yes or No
2- Is this child immigrating to the U.S. at a later date to join you? Yes or No
If i answer 1st question Yes and the 2nd question No.
Will they be named on the interview Appointment Letter from the National Visa Center (NVC)?
Please let me know your experiences?
Thank you.
An I-130 for a parent does not include that parents children. You would need to file a separate I-130 for your sibling, and unfortunately, that is a very long process (12+ years). So presumably the DS-260 is only for your mother. Take care, Jason
Mr. Jason,
I have applied for Asylum on Nov 20th for myself and my family with two dependent children. I have a very important question which I am very confused and little worried.
1) My daughter is 17yrs old and a Canadian Citizen but is on the Asylum that I had filed as a family. since she is still a minor. Can she go and visit her country(Canada) as she wants to go and get a driving license and would there be any issues when she enters back in usa again?
2) Do we have to wait for 150 days or 365 days for EAD?
3) is there any way to get a driving license for myself before the EAD?
Would really appreciate if you could answer with best of your knowledge and would be very grateful to you.
Thank you!!
1 – She could have an issue returning to the US. Canadians can normally enter the US without a visa, but if the US border officers think she will violate her status by remaining here longer than permitted (which I think for Canadians is 90 days), they could deny her re-entry. Since she is an asylum seeker dependent, she likely will stay more than 90 days when she returns, and so it is very possible they will deny her re-entry. She can get Advance Parole, which is permission to re-enter. Unfortunately, that takes months and is expensive, but it is the only way to guarantee her return. I wrote about that on September 11, 2017. 2 – If you join ASAP or Casa de Maryland, you have to wait only 150 days. I did a post on September 23, 2020 with links to those groups. 3 – You have to check with the DMV, but if you are still in status (on whatever visa you used to enter the US), I think you can. Otherwise, I think you probably cannot, but I am not sure. Take care, Jason
Very Valuable info Jason. Would like to speak to you directly. Any contact no. i can call you? I would pay the fee for the consultation time.
Thanks.
My email is JDzubow@DzubowLaw.com, but I will not be available on Monday or Tuesday, so maybe wait until after that. Thank you, Jason
Hi Jason, my lawyer has sent a letter to withdraw my pending asylum since I am married to USC and I have my green card now, I was wondering how can I confirm or do I need to confirm anything else, all I can see when I check my status online has changed to “PENDING”, previously it was showing as next step is interview.
Thanks
You can email the asylum office to ask. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
If an Asylee has updated his declarations with additional details that he missed in the initial filing then is it not better to submit those declarations with additional evidence before the Asylum interview is scheduled?
Or is it better to submit the updated declaration and additional evidence on the day of the interview? Would the Asylum officer not be upset by the additional information on the interview day. Is it not better to submit additional evidence and updated declarations to Asylum office before an Asylee’s interview is scheduled so that the Asylum officer has enough time to study and process this new evidence and information.
It is definitely better to submit the evidence and updates before the interview. Most asylum offices require that additional evidence be submitted at least one week prior to the interview. My preference is not to submit evidence until the interview is scheduled (they usually give you a couple weeks notice), as the asylum offices have a bad habit of losing documents that we submit, and I think that is less likely to happen if the interview is scheduled. Plus, it is best not to submit documents piecemeal, but to submit all your evidence at one time. Take care, Jason
Hi Jason,
I have a few questions for you, hoping you can provide some insight.
1. I have applied for asylum in 2016 with my spouse. We both have claims for asylum and both have affidavits describing those, but she was added as a dependent on my case. Can she file her own asylum case with USCIS now with me as a dependent?
2. We both applied for renewal EADs in May 2020. I received mine in August, and hers is still pending (both I-765 were filed before the expiry of our old cards). The status of her case on the website is still “Case was Received”. The automatic 180-day extension for her card ends on 3/26/2021. We have 2 questions:
a. Have you seen such cases before, when there was no decision even after the 180-day period? Is this common?
b. What happens after that date if there is still no update from USCIS? Can she continue to work until she hears from them?
1 – She can, but check the I-589 instructions. I believe such applications now have to be filed with the Asylum Vetting Center in Georgia (I have not done this yet, and so I am not sure). Unless there is some good reason for her to have her own case, maybe it is better to not file a separate case, as it creates the possibility of inconsistencies between the two cases and it is unlikely to make the process faster. 2.a. – Some renewals are slow, and I have seen cases take 6 or 7 months, or more. It is pretty odd that yours arrived so fast and that hers is so slow. 2.b. – If that happens, she is not eligible to work. However, once the new EAD arrives (assuming it arrives), it should cover the time frame when she was without an EAD, and so that should “cure” the problem. Technically, though, she is ineligible to work if the 180 day extension ends before the new EAD arrives. Take care, Jason
Hi Jason,
Thanks for the quick reply.
With the newly filed cases being reviewed LIFO, that would still not make the process faster?
Would she be able to be on unpaid leave of absence at her company? Or do they have to terminate her at that date?
I do not know whether she would fall under LIFO, as she already has a case pending, and the process of filing her case is different from filing a new case. That said, I really do not know, and so I guess it is possible she would get a LIFO interview, I just think that it will not happen that way (but I could be wrong). She could be on unpaid leave, or maybe they could just stop paying her and once she has her EAD give her a bonus later on. If they are willing to be flexible, maybe they can come up with a plan to help her. Take care, Jason
Dear Jason . Do you have any information on why Asylee i485s are stuck in limbo ? For Christ sakes this is the most stupid system I’ve ever seen …. after all the vetting through and through and payments ; why the need to make asylees wait many months to adjust status …. it’s so ridiculous. There’s gotta be something this administration can do . I have a feeling USCIS is doing this on purpose internally
I do not know. I know that USCIS was close to collapsing last summer, and maybe that is part of the problem. It does seem ridiculous though, given the prior vetting and the expensive fee. I am hopeful that we will see some improvements with the new Administration. Take care, Jason
Jason, I agree with you that the pandemic may have exacerbated the delay at USCIS; I also agree with PENELOPE that a certain USCIS location is deliberately causing the delay. USCIS has always been inconsistent- inconsistent in terms of how quickly an application gets processed at one center versus another- and very slow with asylee I-485 applications. This issue existed before the pandemic. For instance, I know 2 people whose asylee-based I-485 applications got sent to TSC for processing in 2018 and they are still waiting for an update from TSC. On the other hand, their friends’ applications got sent to Nebraska in 2019 and they got approved in 2019. NBC has also been approving I-485 applications for asylees during the pandemic, though there is understandably some delays. I also agree that it’s ridiculous to have asylees wait 2 or 3 years for a GC when the asylee already waited 1 year before s/he was eligible to apply, and s/he already went through a tough vetting process.
Yes, and to reiterate, I have never had a kind word to say about the TSC, and unless there is real change there, I doubt I ever will. Take care, Jason
Jason, could you comment on how the new TPS designation for Venezuelans affects ongoing asylum cases. Specifically, will an asylum case be voided if the applicant applies for TPS? It appears that there is a 180-day time limit on applying for TPS so the clock is ticking. What do you advise for those who have strong asylum cases but have been waiting for several years for their interview or who have had their interview and have been waiting several years for a ruling. Thanks and take care.
I am in the same situation with the same question….
There is no harm in an asylum seeker obtaining TPS. And – in the unlikely event that a new law passes to allow TPS people to get their green cards, maybe it is a good idea to have TPS. Also, if you have TPS, it is easier to get Advance Parole than if you have asylum, so it makes it easier to leave the US and return. In addition, people with TPS may be better positioned to obtain a green card based on employment or a family relationship. So there are advantages to having TPS. On the other hand, if you don’t plan to travel and already have an EAD based on pending asylum, and if you don’t expect to get a GC based on employment, there is probably no real reason to apply for TPS. Take care, Jason
Thanks Jason. You can’t imagine how much we all appreciate you!
Hi,
Can an asylum seeker become a public notary or does he/she/they has to be a LPR?
Thank you
I am an asylum applicant, and my wife is a notary. It depends on your state, check your state laws for a notary.
Thank for answering. Is your wife an asylum seeker as well?
she is a derivative on my application, so she is on the same status just like me.
I have no idea, sorry. Presumably, the accreting organization would have info about the citizenship requirements on its website, but I do not know. Take care, Jason
Hey friends, just want to share my RTD timeline for anyone who is interested
CASE HISTORY:
08/18/2020
We received your Form I-131, Application for Travel Document.
08/25/2020
The fingerprints relating to your Form I-131 Application for Travel Document, were taken.
09/08/2020
Your Form I-131, Application for Travel Document, was transferred to another USCIS office.
09/10/2020
We transferred your Form I-131, Application for Travel Document, to another USCIS office that now has jurisdiction over your case.
03/04/2021
We produced your Refugee Travel Document.
I now have the RTD in hand after i went to the post office & picked it up with the tracking number today! (March 8, 2021).
Question, Jason do you have to wait until the RTD is expired before it can be renewed?
Unfortunately, the RTD process stinks. You do not have to wait until it expires to renew it, but if it is not expired when you want to renew, you are required to send the original RTD with your application to renew. Why? I do not know. It is ridiculous. Hopefully, they will change this rule and make the RTD valid for 10 years. Take care, Jason
Well, don’t expect this to go anywhere soon. There will need to be some corporation on this and I would advise them not to rush it. The piecemeal strategy seems to be the best path forward. Focus getting the Dreamers a path to citizenship, essential workers and farm workers who are making the sacrifices. The Dreamers have been really in limbo too long and to avoid the risk of jeapordizing them any further, it would be best to make their path targeted. Especially with a bitter GOP that is not in favor of a relief bill.
One thing for sure, they need to act fast, I wouldn’t wait no later than April to have something ready. I still don’t understand much of how legislation works, but as far as I can tell, the bill so big it is likely to fail.
https://www.politico.com/news/2021/03/04/democrats-house-immigration-plan-473475
Hello Jason,
Happy Sunday. I was reading the following proclamation https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/02/executive-order-restoring-faith-in-our-legal-immigration-systems-and-strengthening-integration-and-inclusion-efforts-for-new-americans/
What comes clear to me is that the proclamation precisely direct the Secretary of DHS and other immigration agencies to identify the barriers that prevent the adjudication of immigration benefits in a timely manners. In that sense, There is a clear concern over the practices of the Texas service Center processing the benefits of delivery Green cards at 4 times the wait it takes others centers. How come is this not something the new administration is looking at? I know the Secretaries have 90 days to report on steps they recommend to more efficiently restore the faith in the legal immigration system but this is clearly one of them. The Trump administration unilaterally shaped its immigration agenda through policy changes. It is foolish to think the Biden administration cannot reverse them the same way.
Regards,
I guess I have a bit more faith in the intentions of the Biden Administration than that. While I understand the need for speed, it is also important to get things right. Much of the Trump agenda was blocked or at least delayed due to their own incompetence, and I think Biden does not want to repeat those mistakes (but in reverse). I do expect something to come from the various studies, and if not, then we will have to push harder for the things we need. For now, though, my focus in terms of lobbying (to the limited extent I have time) will be the asylum backlog for affirmative cases, which seems largely absent from any discussion about how to move forward. Take care, Jason
Hello dear Jason. I also sent my Asylee package and it is at MSC (National Benefits Center ) I called twice and the agents tell me it is secret information why asylees are now being processed here and they said they don’t know the processing times like the other centers . I have a bad feeling about this place . I beg you if you can inquire on our Behalf with USCIS on why asylee i485 are now being routed there or if you hear something please let us know . I am tracking that many asylees are now at this location and uscis will not explain why or at least give estimates . I would appreciate if you find out something about this matter . Thank you
The non-profits are aware of delay with I-485 cases and other cases. I am not sure that this is a specific problem for asylees, as it seems like most cases are delayed. If I have any news, I will post it here. Take care, Jason
Hey Jason,
I sent in my i485 GreenCard based on asylum granted status ( without Medicals ) in Nov 2020 and i got my receipt notice in Feb 2nd 2021 and previous fingerprint was applied on the 26th Feb. I called USCIS to know where my application would be processed as it is currently in National Benefits Center ( receipt is MSC ) and the agent told me it would be processed at Arlington VA asylum office. Do asylum office process i485 based on GreenCard now or she gave me an inaccurate details? I am a Primary Applicant
I have a feeling she is wrong – the Asylum Office does not process GC applications. Maybe she meant the Potomac Service Center, which is in the DC area. Take care, Jason
Jason,
I am preparing to file i485 for GC, as an asylee. My daughter turns 25, but unmarried. She was under 21 when immigrated. Can she be listed in my petition of GC as derivative or she should apply separately?
Thanks
HI SAMM,
I am not Jason, but I read comments and respond sometimes. Please continue to check for Jason’s response (though I am sharing my thoughts with you in the meantime).
1)I think I know what you are asking, but just for clarity, did your daughter get derivative asylum status as a result of your approved asylum? If yes, she must file her own form I-485. In other words, you cannot share the same form I-458, like you did for the form I-589 application, as it will be rejected by USCIS. As well, she must send her own application and biometrics fees, and any other documents/information requested by USCIS.
2)Under the Immigration and Nationality Act (“INA”), unmarried sons and daughters over 21 years old of green card holders are placed on the waiting list for an immigrant visa in the Second Preference Category (F2). Therefore, if your daughter was never “conferred” with derivative asylee status when your asylum application was approved, you would have to first adjust your status to that of Lawful Permanent Resident (“LPR”) and then file for your daughter.
If I am not mistaken, though, I believe your daughter was granted asylum the same time you were granted asylum and therefore she currently has derivative asylum status. As such, number 1 would apply to you. If NOT, number 2 would apply.
Thanks Jamie !
Every I-485 applicant needs to apply separately, but you can send both applications together (children under 14 who apply with a parent get a discount on fees, but not children over 14, so it doesn’t much matter if you apply together or separately). Also, my answer assumes that your daughter has asylum, like you. Take care, Jason
Thanks Jason !
Well, I know the first thing I will be spending my $1,400 stimulus check on, my EAD renewal.
Hi dear Jason ,
So many thanks for your help . I had F2 visa when I arrived USA , Now I am an asylee and applying for GC. I have 2 more questions about form I-485:
1. In part one , number 10 , is A number the same as the one I have in my EAD ? or It is referring to something about my country of citizenship?
2. In part one , number 16 , what is travel document number ? is it the same as number 19 nonimmigrant visa number?
I appreciate your help and kindness.
You will have to put the questions here, as I don’t remember them specifically. For travel document, most people do not have that – they have a passport. If so, the answer is not applicable or N/A. Take care, Jason
Thanks , the first one I mean after ask about the country of citizenship or nationality, the question number 10 is : Alien registration number (A-number)(if any ) . Is it referring something about my country of citizenship or should I enter the A- number I have here in US ?
If it is asking for the Alien number, that is the number that was assigned to you when you filed for asylum (or possibly earlier if you did a prior application for a green card or US status). Take care, Jason
So many thanks
@ Jason
Hi Jason
Thanks for keeping people like us informed. I have a question:
Can someone who have been denied asylum by the IJ and ordered removed and has a pending appeal with BIA; apply for waiver (hardship) I-601 A form for removal order cancellation while the case at BIA is yet to be reviewed?
The 601-A is for a provisional waiver, which allows certain people to leave the US and then return with a green card. There might be a way to do that (or something else) if you have a BIA case, but it will likely be tricky and you would do well to find a lawyer to help you. Take care, Jason
Hi Jason! Thank you for your huge contribution towards asylum community! I need your help with my question. Does asylum filed a case after a year deadline. Do you think the case is 100% or automatically refer to court after interview with officer?
Friends!
With tears in my eyes, I have come to announce that I received my approval in the mail today.
I will be back for more, please. Can’t contain myself right now
Yay… congratulations Tina
Oh my God!!!! Congratulations Tina. I am so happy for you.
Hi Tina , congratulation . You deserve it . Go and have a drink you can finally breathe . How long was your whole process in total ? Cheers
Congratulations Tina.
Congratulations Tina
Very good… Many Congratulations Tine, I am so happy to hear this!!! Welcome to USA! 🙂
Congratulations Tina!!
Tina, we’re so happy for you !!!
Congratulations Tina. Remember my comment the day you posted that your interview didn’t go well. I am happy for you and good luck
Sweet. Shine now. I felt like i get approval. I really felt your happiness
Congratulations
Congratulations Tina!
Very pleased to hear you are finally relieved from uncertainty. Wish you best of luck in your remaining journey toward your citizenship! Please do share with us your experience.
Congrats Tina,
Can you remind us of your timeline, please
Congratulations Tina! All the best in the USA.
Congratulations – and Welcome to the USA! Jason
Tina, thank you for sharing your experience, most of us are going through similar situations. Reading what you shared with us, I assumed I wrote this. Thank you for your advise for us not to stress out. We will follow that. I am extremely happy for you, congratulation, once gain! Btw, could you share Jamie’s suggested do’s and don’ts before interview.
Sure,Alien😊
Here!
“Jamie
February 23, 2021
It’s untestable that asylum applicants, especially after being interviewed after many years of filing the I-589, may not be able to recall their experience in minute details (like the exact hour, minute, and second an incident occurred, for example). It would be unreasonable for an officer to expect you to remember in extremely great detail. In fact, I would find a case suspicious (not frivolous or exaggerated necessarily- just suspicious) if the applicant could remember and explain the traumatic experiences in so much detail.
I don’t know about anyone else, but I hate to remember or talk about my traumatic experiences. Studies have actually shown that people tend to suppress the memory of traumatic experiences.
Unfortunately, however, the onus is on the applicant to prove that s/he is eligible for asylum. Therefore, you have to explain what happened in a detailed and mostly consistent fashion. It is, therefore, imperative that you remember as much as you can. The officer or judge expects you to recall your experiences with a reasonable amount of accuracy and consistency as this helps them make their decision on your case. In addition, you should try your best tell your story, all the while managing your emotions and body language. For instance, you can cry if you feel like crying, but don’t fake the cry or TRY to be emotional. As another example, you should try to make eye contact as looking away or on the floor can be interpreted as you lying/trying to hide something. But I digress a bit a bit.
I am not an expert but here are some tips to make you remember your story and keep calm at the interview or hearing:
-Avoid caffeinated beverages the day of the interview or the night before the interview
-Make sure you get enough rest the night before the interview
-Get up early so you have enough time to get to the interview/hearing
-Read over your declaration the night before (not on the day of the interview).
-Study your declaration/affidavit (I can’t emphasize this enough). If you have a trusted friend or partner, practice with him or her. Also, make jottings of incidents you think are important, sort of like journalizing the events
-Don’t be afraid to practice in your mirror or talk to yourself (whatever you feel more comfortable doing)
-If you have a lawyer, arrange to meet with the lawyer days before the interview so you can do mock interviews
-If you don’t remember something, please tell the officer or judge that you can’t remember exactly what happened or a date or time. DO NOT guess as you risk being accused of being inconsistent, or worse, lying
-Finally, though easier said than done, try your best to relax as being stressed only increases your chance of forgetting an incident or misspeaking”
Congratulations – It was great working with you. Take care, Jason
Hi Tina,
How long was the duration of the interview????
Asylee,
Approximately 3.5 hours.
Congratulations Tina: I remember we were discussing the delay of your EAD last week, you were worried about it. Look you got unconditional EAD now. Have fun. Just let us know whenever you get time if your online status was changed before you receive your decision or if you please tell us what was it saying. Thanks and again, we are so happy for you.
Hi Seeker,
Yes, we were discussing the EAD, and I am so thankful for my case outcome.
Per the update, I stopped checking the online status a couple of weeks after my interview ,and only checked it the same day I received the approval notice, because I saw on my usps informed delivery notice that I had a mail from USCIS. Status on that day was”decision was mailed.”
Here’s what I think, if “fees waived” or card production ” is an indication of a positive outcome, I think one may need to check daily to catch the updates as they happen .
I read about people from a different forum who said their updates were in this order- fees waived- card is being produced-decision mailed, and the changes happened every 24 hours. I can’t say for sure.
Some others said it was first decision was Mailed- fees waived- card production.
.However, I do not know if the updates really mean anything, but we definitely cannot judge from mine, because the mail was a couple of hours from my mail box before I checked my case status.
There might have been other updates before the one I saw, who knows.
I hope this helps a little.
I can’t wait for you to post your positive outcome🙏🙏
Hi Tina,
How long was the asylum interview for you.
Hi Asylee,
It was approximately 3 5 hours.
Thank you.
Hi Asylee,
I just saw that I did not have the “dot’ sign on my response to you. I meant approximately 3.5 hours, please.
Thank you so much for this information Tina: I asked because I filed in 2014, Interviewed in 2018 Just after three days of FIFO because a slot was opened, I was interviewed for two days. I am waiting since then, tried via my attorney, personally, congressman and ombudsman. Recently, the status that used to tell about the days application is pending changed to something else that said that your decision is pending, finally, when I filed for the renewal of EAD it changed from decision pending to “application pending”, and it is still pending.
Some people said that fee waived type status is a good sign and decision mailed type status is a bad sign, but after knowing your details, these are just wild predictions, anything can be different unless we have the decision in hands.
Congratulations again, and thanks for the prayers.
Regards
OMG! Congratulations Tina! You so deserve it! Please share your timeline. I applied same time with you. No interview up till now. Since 2016. I am so happy for you.
Thanks La Belle Fille😊
I applied in 2015
3 expedite requests in 2020 failed.
Placed on shortlist after a Congress person reached out on my behalf.
Intervied early December 2020.
Decision in hand early March.
I will be praying for everyone who is still in this Limbo. It is my heart desire that we all come here to Celebrate our freedom, and new beginnings.
Have you tried to reach out to a congress person?
Good luck.
Interviewed*
Yes I once reached out to a Congress person before my first EAD and SSN came out. That was in 2017. My parents have passed away while waiting for this interview. My sister was hospitalized for a long time. I try to stay sane by going back to school degree after degree. This waiting period is enough to affect one’s mental health. I am thankful I can go to school even though it is excruciatingly challenging to pay out of pocket.
I am hopeful that I will smile like you someday! I am so happy for you.
Oh my goodness! I am so sorry for your loss.
Remain positive, and continue to contact them.
I do not think that – there are exceptions to the two year rule – I wrote about that on January 18, 2018. We often see such cases and many times we can overcome the bar and win asylum. Take care, Jason
Good morning everyone. I’m a dependent on my parents asylum case, which was referred to a court about a month ago. I’m in an undergrad school now, and won’t be able to apply to a grad school since I have no green card or citizenship where I live now. I’ve been dating my boyfriend for so many years here now, and he is a citizen. We’re thinking to get married soon. My question is how long does it take to get a green card in this case? Will it take longer to get it because I’m also a dependent on the asylum case? And, if everything gets approved, can I travel to my home country or is there a risk for me? Thanks
If you are now in court, the process to get a GC based on marriage is different than for people not in court. I wrote about this on August 6, 2018. The time is also unpredictable, but I would guess between 18 months and 2 years, but it could be longer. If you get the GC based on marriage, you should not have too much trouble going to the home country, since you were a dependent on the asylum case. However, it would depend on the case – if the principal applicant indicates that the whole family was in danger, a return trip by you could be an issue. Finally, I have clients who go to grad school with just the work permit, so that is possible, at least at some schools. Take care, Jason
Jason I know I I’ve seen you comment that you don’t really care for where a case ends , or where uscis routes the case . But , here is my take on why it DOES matter and it matters a lot . I actually follow a page from immihelp where a lot of Asylees Discuss processing times between TSC AND NSC (Nebraska) the numbers are alarming . I have seen with raw data that Texas is not doing anything while Nebraska is adjudicating faster . Some people on there celebrate after 5 months that they were fully processed and others live in misery where they’re still waiting after 3 years . Most recently most asylee i485 beginning October 2020 are being routed to MSC ( national Benefits center ) and there is no data about that location handling such category . Some people are complaining that they’re stuck at reuse of fingerprints but have no idea how much longer they have to wait. My point is Processing centers DO matter , where your case is does affect your life because timeline can literally put you out of a job and so it would be nice to see more lawyers acknowledge this inequity in the system and demand USCIS questions like , why is this place faster than the other? Why are you doing this now ? I believe people deserve transparency . Thank you
Jason & other Friends,
Which service centers serve which states for I-765 (Renewal EAD)? I mean is there any specific rule that some I-765 renewal applications are forwarded to Nebraska while others are routed to Texas.
For Example I live in San Francisco bay area and I am about to file my Form I-765 this month for renewal EAD.
Based on my current address can I predict which service center will process my Form I-765.
All the c-8 EAD renewals initially go to Texas. Where the case gets routed from there, I do not know, and I think there is nothing you can do to influence that. Take care, Jason
KARIA, I agree with you 1000%! It is NOT fair that some asylees have to wait 3-4 years for an I-485 application to be approved, while some literally wait 4 months. In many instances, the cases are virtually the same and have nothing to do with security checks/criminal history/COP, etc.- just that TSC seemingly hates asylees! If anything, asylees’ I-485 should get approved quicker than other categories- if we are using logic- because they would have essentially gone through a rigorous vetting and interviewing process. I don’t understand why asylees need to wait 3 or 4 years for their GC to be approved.
I don’t think I ever said that I don’t care. I may have said that you have no control about that – you have to file where you live, and USCIS moves cases around anyway depending on their workload. The TSC is clearly a disaster and it is worse than most other offices. But whether your case ends up there is completely out of your control (unless maybe you move to a different state). I think these issues are actually of grave concern to immigration lawyers – I was just on the phone today with a lawyer from ASAP who is litigating issues related to EAD delay and trying to get USCIS to comply, which is not easy. Take care, Jason
Thank you Jason for your great work and efforts in this regard.
Hello Jason and everyone out there
Luckily uscis expedited my i730 and has sent the case to local embassy but right now due to covid the embassy is not doing such type of cases
I emailed them but no response so I’m thinking to contact the congress person.. would it be helpful?
When I googled I only found telephone and address for the congress person..is there an email address also?
There are links under Resources to the Senate and House, and those websites should have an email for the Congress offices. Also, there is a link called I-730 Family Reunification Manual that might have some tips. I think contacting Congress is a good idea. Covid is not excuse for not processing a case like this – especially since we now have the ability to test a person before they come here. Take care, Jason
Hi Jason,
I have been waiting for 5 years for my Asylum interview but It has not been scheduled yet. On what grounds/basis would I be able to submit an expedite request for an Asylum interview to my Asylum office.
1- I have a psychological evaluation report detailing PTSD, Depression, Trauma and anxiety from my psychologist here in USA. Can I submit this as evidence and basis for an expedite request.
2- I also have a court document from my home country which proves that my parents and siblings are facing severe persecution as well. I am not married so I do not have spouse or children. Would this constitute as a good factor for expediting my Asylum interview.
Are there any other basis/grounds for expediting an Asylum interview?
You could try on No.2 . I don’t feel that No.1 would succeed since it’s the case for most people…
1 – You can, and that may work. A lot of the process involves luck, and so any valid reason can serve as an excuse to expedite. 2 – This sounds like important evidence for your case, but I do not think it is relevant to the expedite request. I wrote about expediting on March 30, 2017 – maybe that would be of interest. Take care, Jason
Enronn
Check this
https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/benefits-and-responsibilities-of-asylees Obtaining a Social Security Card
“You may immediately apply for an unrestricted Social Security card at a Social Security office once you have asylees status. You can get Social Security Card information by contacting the Social Security Administration. For more information, see the Social Security Administration website.”
See this https://www.uscis.gov/sites/default/files/document/forms/i-9-paper-version.pdf
If you have a valid driving license, you can get 180 days extension with the receipt, after you get “unrestricted” SSN and it is good as LIST C “Documents that Establish Employment Authorization”
no need to provide EAD I guess
Hi Jason,
Last year i got my asylum approval after my interview has been expedited. The reason of the expedite was my wife&son have a serious situation in my home country. After i got my approval i have filled I-730 applications for them, then i have been trying to expedite their applications process since last October with no hope, Nebraska center denied my request two times and they ignored the third one that i have sent by mail, i got three different reasons for the denial, first one i got by email was: there’s no expedite for this kind of application??!. The second one, the online status was there’s no evidence. And now the online status has changed to: your request doesn’t meet to our criteria. I am so confused! And I don’t know what I should to do!
Is there anything that i can do? I am trying to contact my congressman now, but i am feeling down, and I don’t think they will listen to him.
Marco, hope things works for you.
Did you request for an expediated interview by yourself, by your attorney, or through the congressman?
@Alien – i did it by myself, my wife sent me her statement along with some evidence, and i got all these to my asylum office in person. Month and half before the pandemic. New Orleans office.
I do think the Congressman is worth a try. Also, under Resources, there is a link to I-730 Family Reunification Manual. That has some ideas for moving these cases faster. The I-730 delays have become a big problem – you might mention to the Congress office that there are many families like yours and maybe they can look into the issue. Good luck, Jason
Jason, they sent me an email again today says the same that they sent me before “there’s no expedite for these types of applications i-730”??? Is that correct?
Maybe it is something new, but I have expedited at least one I-730 in the past. Check that I-730 Family Reunification Manual to see if that says anything. I would keep following up anyway – you can let your Congress person know what they said and hopefully, they will intervene to help you. Take care, Jason
Not sure why they are making people to provide Bio-Metrics every time that we have to renew our EAD. Are human beings capable of changing their fingerprints. USCIS already takes Bio-Metrics when we file Form I-589 then WHY exactly is there a need for taking fingerprints again when we have to renew our EAD.
Are Asylees magicians? that they can alter their finger prints. The same finger prints are stored in USCIS record/database but they have to torment people over again every 1/2 years.
It is absolutely annoying and costly. Even my lawyer tried to desuade me from renewing because he thought it was a waste of money especially with my GC likely to be processed soon. But my employer reached out to me about the current EAD I have expiring soon. My lawyer said I should use the i94, but I don’t want to, since they are gonna ask me about my asylum I’m sure. I was told with the application for renewal I will get at least a 180 day extension on my current EAD. It is annoying and hope this is really the last time too.
Enronn,
You can get an “unrestricted” SSN using the asylum approval and use it as the second form of ID if you do not give or wait for your EAD. Here is the statement “You may immediately apply for an unrestricted Social Security card at a Social Security office once you have asylees status. You can get Social Security Card information by contacting the Social Security Administration. For more information, see the Social Security Administration website.” at USCIS https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/benefits-and-responsibilities-of-asylees
Having unrestricted SSN and one form of identification (driving license most likely) will be enough to get I-9 verification. if your DL will expire you can extend it 180 with the renewal receipt. See the form here. https://www.uscis.gov/sites/default/files/document/forms/i-9-paper-version.pdf
Beyond all this conversation, your current EAD has c8 code on it already. So, your employer can easily know whether you are/were an asylum seeker or asylee (a5 code will be on that once you are approved) which I believe should be changed for the sake of privacy and the individual right protection but yeah that is another story
Well said – it is completely ridiculous. Hopefully, this part of the system is changing for the better. Take care, Jason
HOPEFUL-ASYLEE, this one always baffles me too. Like why do you need to provide biometrics every single time you submit an application to USCIS? Funnily enough, when an immigrant, documented or undocumented, commits a crime, they are able to tell and know, in great detail, who committed the crime, the nature of the crime, the person’s immigration history, how much money they have, the residential history, their work history, where they had their last meal, etc., even if the person never actually provided any full/complete biometrics, like the ones required by USCIS/EOIR, to the government. However, for the same agencies, it’s ABSOLUTELY necessary to request that the same person provides 100 biometrics! Mind-blowing, to say the least!
It’s either a way to unethically earn money-especially when vulnerable and destitute groups are involved- or they are completely wrapped in red tapes and bureaucracies. Unfortunately, I’m inclined to believe that this organization has many unscrupulous tendencies.
Hi,
My I/485 documents were delivered dec21, 2020. I still didn’t get any receipt. My check is not cashed yet. Should I worry about it?
As long as the address is correct, I would not worry about it yet. The problem is that we don’t really know what is happening or which cases are subject to receipt delays. We do know that many (but not all) cases filed in late 2020 and early 2021 are receiving their receipts very late. The question is, when should you start to worry, and that, I do not know. Normally, 2.5 months would be too long to wait, but we have seen people getting receipts after 3 months or more. The other question is, what can you do? Maybe it is worth trying to call USCIS (800-375-5283), and trying to talk to a person. Unfortunately, it is very difficult to reach someone, but if you can talk to someone, they may be able to verify that the case is received. Take care, Jason
Hello! I am expecting an interview call from August 2015. The congressman’s aide has already sent her fourth letter to the immigration offices asking them to expedite my case. I received an answer and was very surprised. It follows from the answer that the rules for calling for an interview have changed. Very strange, I haven’t read about these changes anywhere. From the answer it appears that the queue has been deployed again. Did I understand correctly?
“Thank you for your inquiry of March 3, 2021 about your constituent, ALEKSANDR.., regarding the Asylum Application (Form I-589, Application for Asylum and Withholding of Removal) filed with U.S. Citizenship and Immigration Services (USCIS). In your inquiry, you expressed concern about the delay in the scheduling of your constituent’s asylum interview.
In general, USCIS asylum interviews are scheduled in the following order of priority:
Affirmative applications that were scheduled for an interview, but the applicant requested a new interview date;
Unaccompanied minor applications and applications in which the principal applicant is a minor;
All other pending affirmative asylum applications will be scheduled for interview on a first-in, first-out basis, which means the longest pending asylum cases will be scheduled first.
The USCIS Asylum Division has received a significant increase in asylum and asylum-related claims over the last several years, which has led to longer processing times for affirmative asylum applications. To address the increased workload, USCIS is currently in the process of hiring and training additional personnel. The Asylum Division has been given approval to increase the number of asylum officer positions from 272 to 533. The Asylum Division also trained dozens of additional USCIS officers to serve on temporary details as asylum officers to assist in the processing of the increased caseload.
If your constituent wishes to request an expedited interview due to emergent circumstances (such as dependents still in the foreign country and in harm’s way or medical emergencies), your constituent should gather documents that support such a request and contact the Asylum Office handling his or her case. Contact information for USCIS Asylum Offices is available through the Office Locator on our website at http://www.uscis.gov. Requests should be made in writing, articulating the reasons underlying the request with supporting documentation attached. An individual may be asked to submit additional documents in support of his or her request for an expedited interview.
When USCIS is prepared to schedule the interview, USCIS will send a written appointment notice to the address on record with the date, place and time of the interview. We will also send a copy to your constituent’s legal representative if we have a Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, on file. Asylum applicants may also be eligible to apply for employment authorization if their asylum applications have been pending for 150 days or more, minus any delays (such as a request for rescheduling of an interview) caused by the applicant.
While your constituent’s claim is pending, he or she should:
notify USCIS of any change of address within 10 days by submitting Form AR-11, Alien Change of Address, to the address provided on the form, and
immediately notify the Asylum Office handling his or her case of any change in address.
Anthony Gatto
Congressional Liaison
New York Asylum Office”
This is interesting. Is the FIFO queue implemented again. The Affirmative Asylum Scheduling bulletin on USCIS website does not seem to show this update if it is even indeed implemented.
“All other pending affirmative asylum applications will be scheduled for interview on a first-in, first-out basis, which means the longest pending asylum cases will be scheduled first.”
Alexandr,
This is totally a NEW information ! And it certainly shrinks the blown backlog, it’s a good news indeed.
Thanks,
Interesting. I wonder if this is an old template or if maybe something is different in NY. The last I’ve heard about it was that LIFO was in effect everywhere, and that is what I have been seeing to this point. Anyway, thank you for sharing – I will keep my eye on this and see if there is any change that I was not aware of. Take care, Jason
@ALEKSANDR, thank you for sharing this with us. It looks a good news for those who have been waiting for the past 6 years. USCIS should officially announce the changes on their website. I hope Jason can verify this new changes whether it is only applicable in NYC or it has been followed in all asylum offices.
Another attorney raised this issue on one of our list serves and the consensus (and my opinion too) is that it is an error and that NY is not following FIFO. One reason is that the number of asylum officers they list is old, and so that should not be listed in the message if it was current. There were other clues as well, but I cannot now recall what they were. Anyway, we will still keep an eye on this to see what happens. Take care, Jason
Hi Jason, in a few months I ll be hitting a 6 year mark of pending asylum interview in Arlington, VA.
Is there are anyone who has been waiting longer? Do you know if they they are interviewing anyone who applied in 2015?
Hi Alena,
I am on the same boat as you are. I applied in sep 2015 from Houston, TX and still waiting for my interview. God knows when will my turn come. don’t loose hope.
Thanks
I applied in FEB-2016. Still waiting to get an interview call. Only GOD knows when.
There are people who filed before then and who are still waiting; most have probably been interviewed, but we still have some cases from early 2015 that were not yet interviewed. We may even have some late 2014 cases, but I do not recall now. I do know we had an interview a few months ago for someone who filed in November 2014, but he was not originally my client when he filed, and at the moment, I do not recall whether that was a first or second interview. Take care, Jason
Hey Alena,
I have been waiting way longer than that. I have even been waiting for the decision for almost 5 years now
If you have not filed a case with the USCIS Ombudsman, you might try that (a link is under Resources). They sometimes help with delayed cases. You can also file a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
I applied in Nov 2015 from New York, and still waiting for an interview.
We have been waiting March 2015 in Arlington VA
I filed in 2016. I am yet to be interviewed. All I do is renew EAD, study and work. I pray we would all get our interview dates. Stay strong. You are not alone.
Hi Jason,
May i know how long does it take for NVC to schedule an immigrant visa interview at a U.S. Embassy overseas after submitting all the required documents?
Thank you.
It is generally slower than it used to be, but I cannot give you an estimate as it varies a lot from one country to the next, and one case to the next. The NVC is slow in sending the case to the embassy, which is frustrating, and each embassy seems to work on a completely different schedule. Take care, Jason
Dear Jason
I have a question
In couple month im going to apply for green card based on asylum
Can i apply for RTD as well to get rid of the RTD fees
I heard that once that when you apply for RTD with Greencard you only pay for your green card application which 1225 i guess???
Last question if so can sent both green card plus RTD application in same address?
Thank you
I did apply for my green card based on an approved asylum application two years ago and I was able to get RTD without paying Fee for RTD. As a matter of fact my green card was delayed for months and when I applied for my second RTD I did submit the application fee with application and the fee was returned…so I got two RTD without paying any fee while my green card application was being processed.
Dear Michael thank you for your information? Did you submit you green card and RTD application to the same address?? Or two different address
My second question
How long did it take until you got your first RTD and which state did you apply from?
And how long did it take to receive ur green card ?
Thank you
I did submit application for RTD together with my green card application. I received my first RTD 11 weeks after submitting the application. I used to live in the great state of Tennessee at that time…
We have seen inconsistent results when trying to use the I-485 receipt to “pay” for a second RTD. I am glad it worked here, but I am not sure it always works. Take care, Jason
You can pay the I-485 fee and avoid the I-131 (RTD) fee. I believe they are both sent to the same address, at least that was the case last time I applied for both, but double check the mailing addresses for each to be sure. Take care, Jason
Hi Jason,
I filed my i-485 based on asylum granted almost two years ago. Initially, they told me that the finger print they already took is used. Later they asked for a new finger print. I gave that finger print a year ago. I haven’t yet received a medical exam request let alone approval of my GC. Should I be concerned? What do you advise me?
Thank you!
I think it is still within the “normal” processing time. You can check at http://www.uscis.gov. You can also inquire about your case there, or contact the USCIS Ombudsman, which sometimes helps with delayed cases (a link is under Resources). Take care, Jason
Hi Jason,
HR reached out to me this week about my EAD expiring soon. I indicated that am in the process of renewing (actually I won’t be applying until later this week). It seems to be a concern that I need to have the EAD or I will need to provide some other proof of my authorization to work in the US. Can I provide my i485 application as an alternative to the i94? If I have to provide the i94, I will, I just don’t want to have to bring up the discussion around my asylum. The EAD itself brought up so many questions, many harmless and more curious. The HR manager is a very nice person, but I just don’t think I’m at a place to discuss such a personal matter.
The I-485 receipt does not allow you to work, and so you will need either a receipt for the a-5 EAD or proof of asylum status. Given that asylum is supposed to be confidential, I am not sure why USCIS does not have a better system for this, but that is what we have. Most people do not really understand asylum, and so you could probably just say that you got asylum because your country has many problems, and try to leave it at that. Take care, Jason
Hi Jason,
Just to follow up on the USA claim that the fact that one has applied for asylum “cannot” be disclosed to any third party. It is laughable!
At the USCIS website, it clearly explains the different EAD categories.
Isn’t that an indirect disclosure of the fact that one applied for asylum/granted asylum anytime one has to provide EAD for ID purposes? You stamp the EAD with a code, and then explain the code clearly on your website😊.
I guess they should either amend it to only say the contents of the asylum claim shall not be disclosed to third parties, since we do not have to provide our I589 alongside the EAD for verification😊, or make EAD category codes based on humanitarian grounds only for USCIS internal use only, and not display pending asylum (c8)or asylee (a5)on EADs, then turn around to claim that the US government does not disclose asylum pending/ asylee status to third parties.
What about the curious ‘kiss and tells, that work in some HR Departments? They are not considered third parties?
This is my point (maybe made with a bit too much subtle sarcasm) – it is easy to Google the categories, and I do not know why they can’t eliminate the categories or at least create a very general category to go on the EAD itself (instead of a-5 or c-8, why not just put “a” or “c”?). In terms of revealing confidentialities to people back home, that is very rare, and I think asylum seekers should have confidence in that part of the system. Take care, Jason
Erron Sierra,
I am still pending asylum. When I applied to renew my EAD, I proactively emailed my HR the receipt, and asked them not to send me the reminder emails because the reminder emails aggravates my mental health condition, which is fact by the way. They wrote back to tell me it was policy to remind me. I politely responded that if the policy serves as a reminder, I have already applied, and forwarded the receipt, it shows I do not need the reminder, thereby rendering the purpose of the email redundant . I also reiterated the negative effect on my health.
They handled it carefully, and the emails eventually seized for now.
Having said that, you do not need an EAD to work, so give them the 1-94, and politely let HR know that you do not wish to discuss the basis of your status(if they ask), for personal reasons.
All your employer needs to know is that you are legally authorized to work,plus supporting documents, so asking for more information than you are legally required to provide is against the law.
If the HR person knows what s/he is doing, s/he should be better informed about your status from your expiring EAD, and the sensitivity of such.
Just politely educate the HR person, and make it clear that you do not wish to discuss the basis of your status due to personal reasons.
They know to respect your right and privacy , or they may be fishing for a lawsuit.
I have come to look at it this way- Every benefit from US government is a privilege, so once an employer considers me good enough to hire me, every privilege that the US government gives me, gives me as much right as everyone else in the company,and that includes the right not to explain to any employer the reason for the privilege to work with documents that US government provided, if you know what I mean.
Finally, a simple Google of EAD A5 or C8 will tell them the basis of your status, so a very curious HR person even if not informed can find out in 10 seconds, so if they really need to know, they should go ask google.
What about the driver License, They don’t accept the I – 94
Different DMVs have different rules – do not be afraid to try to talk to a supervisor, as the DMVs often do not seem to know even their own rules. Take care, Jason
Hi Tina,
You are do knowledgeable. I enjoying reading your posts.Thanks for taking your time to explain this. I have a hard time in school when they ask “so why are you not eligible for Financial aid?”. It brings a lot of tears to my eyes. I have good grades but it is increasingly hard paying tuition out of pocket. I am unable to secure a loan. However, I work hard. Against all odds, we will survive.
La Belle Fille,
Thanks for the kind words.
I hope you get a positive outcome soon ,to alleviate all the emotional and financial burden the uncertainty brings.
Here is a positive outlook- you are improving yourself, and I really think it’s a huge achievement. Hopefully, when you are done, you will get a job that helps you forget all the emotional and financial stress.
Best of luck to you on your case.
Thanks Tina. You are very kind.
Enronn Sierra,
As a matter of fact an asylee may not need to get an EAD. The unrestricted SSN combined with asylum granted proof or an ID will be sufficient. I got your point, though you don’t want to discuss being an asylee. A friend of mine, who still is an asylee with no GC has never been applied for EAD since 2013, he just use his unrestricted SSN and i94. Am going to use same thing.
Thanks,
Thanks, everyone for the great feedback. I am mentally preparing myself to submit the i94 and articulating what I might have to say. I visited my lawyer this week to start the renewal, he thought I was wasting money when I could use the i94. But, I informed him some businesses, especially government-contracted businesses that I work in are very ignorant to topics such as asylum. Initially when I applied through a job agency, they just straight out said, need to see your work permit. When I eventually became appointed, the employer asked for three things:
– Passport
– Work permit
– Birth certificate
As Tina noted, my lawyer also said, if my HR manager wants to discuss the asylum, I should just politely let them know I don’t want to. They are a nice person though, so, hopefully, it’s just my brain overthinking this.
My lawyer also said I should get the 180-day extension, which I can provide as an alternative until I have either the EAD or GC. The topic relating to the category written on the card was brought up and this is a very good point. What’s the point if you can easily Google it? I personally Googled the A5 and C8 a couple of months into getting mine. My HR obviously hasn’t, since she was asking me all sorts of questions about it. My direct supervisor on the other hand, if he sees it, I am sure he will Google it.
It kinda sucks though that EADs are taking at least 7 to 10 months to process now; the first one I got only took like 3 weeks and it was free. And on top of that, I really have to do another biometrics.
I am starting to agree that the US is indeed a big old corporation. Sometimes, I think the only reason the US has kept people at the border in limbo is because they can’t get money out of them. I bet you each of those asylee’s had the money to spend they wouldn’t let them in with hugs and kisses.
Hi Jason,
I have been waiting for my asylum interview since almost two years, now my EAD going to be expired by mid of next month, i have applied for renewal since Jan’21 the application has been sent with the check, and they have sent me the receipt notice with the zero balance, but they didn’t send me the finger print appointment yet. My question now is what is my situation in my work if they didn’t send me the new EAD before the mid of the next month? Does the homeland security or the social security will notify my employer to get me fired? I just wanna know what i am going to face next month and what I should to do? I love my work now and i don’t wanna lose it. ):
Thanks
The receipt you received authorizes you to work for another 6 months if you have not received the new EAD when your old one expires .
As tina says, once you received the receipt, your work eligibility was automatically extended by 180 days. For future reference you can renew an EAD up to 180 days before it expires, and it is a good idea to file early to renew. Take care, Jason
Mark: I submitted renewal at the end of December, received the receipt that was issued on Jan 9th. I never receive any fingerprinting appointment and my new card was prepared and mailed to me on Feb 25. So I guess it is not necessary that you will get a fingerprinting appointment, however, I paid extra for that. thanks
Seeker,
You are one lucky person with your renewal.
I applied for renewal since early September, and still waiting.
Right now, I am working with my 6 months extension.
Where was yours processed if you do not mind me asking.
Tina: My case is in Arlington VA, EAD was processed in Nebraska. I am surprised, even shocked too, because my current EAD will expire on April 1st, and I was expecting it to receive after the expiry, but it was created on Feb 17. I hope you get yours soon.
Thanks for the kind wishes @seeker.
Nebraska is the best.
They do not hold the application for months. As far as I understand 3-4 months of processing is their normal. My wife’s and my EAD renewal will be done in Nebraska too I will share updates too.
Unfortunately, the narrative from the media and the government on Immigration is still limited to issues like DACA,border, cages, border, illegal immigrant,etc .these are All crucial but No one seems to care/know about the psychosocial challenges and financial problems that a person go through after he/she is registered/ locked as an asylum seeker waiting for an uncertain interview.
That is correct, and that is why lobbying about the issues faced by affirmative asylum seekers and people in court is important, and also educating the public. Take care, Jason
Hi Jason,
My last entry in USA was in JAN-2016 and I applied for Asylum 1 month after my entry. Before my last entry in USA in Jan-2016 I had visited the U.S 3 times (1) 2010 (2) 2014 (3) 2015, The first time in 2010 I stayed for 2 years on a student visa and departed in 2012, the next 2 times I entered the U.S on a B1/B2 visa on a work related trip in 2014 and on a personal visit in 2015 and departed after 1 month each time.
My question is this: Can the Asylum officer create issues based on the fact that I did not apply for Asylum during my first 3 visits to USA and applied in my 4th and last visit. Would this be a factor?
Yes, this can be an issue of legitimacy of your case. All 3 times were you returning your COP or did you return to different country?
If you returned to COP all 3 times and had no issues returning why would you have issue returning right now. this might be the exact question on IO’s mind.
Everlyn,
Because the asylum claim is based on incidents of persecution which occured after my first 3 visits. That’s why…..
The asylum claim is based on:
(1) General country conditions based on reports from USCIRF, US Department of state, Amnesty International, International Christian concern
And
(2) Specific incidents of persecution with evidence of court records (can be verified online), Direct eye witness affidavits, medical records of persecution from home country, psychological evaluation reports from a U.S psychologist, letters of support from church and membership cards, affidavits from close family members, news articles detailing other cases similar to mine in my home country, special reports by amnesty international, USCIRF, US DOS, International Christian concern…..
My home country is one of the 9 countries designated by the U.S state department as a country of particular concern for systematic, ongoing, egregious violations of religious freedom and worst record of persecution against minorities including Christians by the home government and by other radical groups.
And we see that a lot and the people often get asylum. Take care, Jason
They normally ask about such trips, and so you should be prepared to explain the reason. For example, many of my clients travel back and forth, but then something happens in the home country to make it unsafe and they decide to seek asylum. It does not normally block a person from asylum, but if there is no good explanation, it could cause the case to be denied. Take care, Jason
@ Pending-Asylee
I am not an expert/lawyer, but just goving you an example of one of my friend who had been in the same situation like you. He visited the States first time in 2015. Stayed 4 months and departed. Again entered States after 7 months in 2016 and applied I-589. Interviewd and referred to court. Got early and quick MH and IH, and He was asked the same question directly by Judge in NY and not by DHS attorney, to which he replied his reason in 10 seconds & got accepted on the spot in 2019. I hope that part should not be a problem for you too.
Thank you DOVE
I had B1 visa too I back and forth 4 times bettween US and my country. However when I had my interview last year officer asked me why I enter to US this often and didn’t I have any problem with my country? I told him that my mom was sick I was going to visit her before I apply asylum. Which is true! Then I lost my mom while I was waiting for my interview here in US. I couldn’t go back to my home country even for the funeral. Officer wanted to see a doctor report that shows that my mom was in the hospital during that period and death certification. I provided them. Now I am an asylee. I would recommend you to prepare evidence for your visits that shows that how did u stay safe and I were you there and stayed safe and what made you back and forth with circumstances.
Good luck.
I don’t see any problem with entering and re-entering. The main issue is what is going on in your home country. I have been to several countries including USA before applying for asylum. The deterioration of the human right abuse in my country went from bad to worse and then fell to worst and that is when I. Decided to apply for asylum in USA
Thank you Jason, Everlyn, Dove, Lela & Scot for sharing your personal experience and knowledge.
That is what I really like about this forum, Asylees helping each other with their personal experience and knowledge.
I was in your situation, too, before I got asylum and it was a concern when I brought it up here. I even traveled to another safe country the year I applied for asylum. I was asked why I didn’t apply for asylum in that country. I was honest, I went for tourism, there was no sense of danger. When I eventually returned to COP, I realized, I was tired of hiding.
Just be totally honest. Sometimes your circumstances change.
Thank you Enronn
IMO a little or nothing will be done for us, asylum seekers. Biden showed himself as typical politician, making promises that he could never fulfill. Example, most recent, from my head – they dropped $15 minimum wage from bill, instead of promised $2,000 giving $1,400, no student loans forgiveness .. etc. Don’t get me wrong, I’m not complaining at all, government of my country instead of helping people even taxes them more, so It’s great that US helping it’s people. But that just tells me that recent Biden Immigration bill will not pass. It’s dead at the beginning. And any other big immigration bill would fail as well.
BTW, I’m waiting 7 years for asylum interview. Maybe I’m talking like that because I lost all the hope.
Now yesterday I saw news that they are even making the income threshold more strict for next stimulus payment so yes you are right.
I think the Biden Administration is trying. We will see what happens with the bill, and if that fails, maybe they will be pushing for something more modest. My friend was lobbying a Congress office today and she talked to an “immigration person” in that office. That person did not even know that there was an affirmative asylum backlog (she only knew about the Immigration Court backlog). It is pretty shocking that these policy makers – including people whose portfolio includes immigration – do not know about the affirmative asylum backlog. In short, we have a lot of work to do to educate Congress and the public. Take care, Jason
DENNIS, from your post, you seem like a smart and reasonable person. It also appears that you are frustrated. That is understandable. However, do you honestly think that Biden and his administration are NOT trying, or reneging on promises? Also, do you think Biden can pass bills/get everything he wants without Congress or the Republicans? Please think.
It took my mother 8 years to have her asylum adjudicated Jason … it would be fair that at least they shorten green card and naturalization wait time as a way to redeem themselves. Can you advocate for this with congresspeople ?
If the current bill passes, it would slightly shorten her wait time. In truth, I do not think making the time frame shorter is really on the agenda, as there are other priorities. In any event, I do not have any power or connections to make that happen, though I am involved in some lobbying efforts, but mostly that is related to the asylum backlog. Take care, Jason
Hi Jason,
I would like to know when the Congress will be voting the bill… it gonna be next year or this year
Thanks
I have no idea, but I imagine if it is not this year, it will be harder to pass next year, since there is a mid-term election. Take care, Jason
Mr.Jason
I applied for GC last week but I forgot to put my online USCIS account (they asked for it on the form, if any). Is that very important? thanks
No, its optional
I do not think it matters – you will get the paper receipt and the case will be processed, so I expect it will not matter. Take care, Jason
They did not ask for the opinion of Congress when they reversed the line. I don’t understand what are they waiting for now? Everyone understands that what they have done is inhuman and will not solve the problem. Who is responsible for restoring the rules of calling for interviews? I have been expecting an interview call since August 2915.
2015
Some changes can be made without Congress, including the order to interview cases. I do not think it is a priority for them. We are working now with some Congress offices and we will try to write a letter for them to send to DHS to request FIFO, among other things. Whether they will do that, I do not know, but at this point, I do not think it is on their agenda. Take care, Jason
Good write up. I submitted mine GC application based on asylum in Nov 4 2020 and was delivered the next day to Lewisville lockbox and got my receipt notice from Emma and my credit card charged on the 2nd of Feb and fingerprint reused applied on 26th of Feb 2020. How long do I have to wait for them to request my Medicals? It’s been processed at the National Benefits Center and my receipt started with MSC. And is the National Benefits Center process fast or they will send it to another Service center?
I thought all asylees have to submit to Nebraska Service Center.
For me I received RFE for medical after 4.5 months. I regret it so much for not doing it before and submitting it together. If i submitted together i could have already gotten my GC right now.
Also to add, I realized Medical RFE takes too much time to process:
– Example: Mumps need 2 vaccination need to wait 4 weeks apart.
Overall takes 1 month for medical exams.
Usually, my clients are able to get the medical exam faster than that. My impression is that submitting the medical does not make much difference in the time frame, but of course, it does not make things any faster. Take care, Jason
Agreed, I submitted my medical with my GC application, and still ended up taking me 8 months just to do biometrics. What matters though is just doing the medical and getting it out of the way. But as I said to someone on Facebook who did his application in August of 2020 and biometrics by Nov 2020 (same service center), it’s just random luck. In that person’s case, they have done biometrics and haven’t heard anything since. While other persons have done biometrics and 3 weeks later, the card is being processed.
I would be interested to know more their internal processes – how does one case get processed very quickly and the next case takes forever? It is a mystery. Take care, Jason
@Everlyn, I wonder why my asylee GC application was sent to National Benefits Center, I think USCIS is sending applications to other service center due to the high volume. I hope they sent the Medical RFE soon so I can get it done and out of the way. How long have you been waiting and what’s your timeline?
I don’t know – they will request it at some point, either to mail it in (which is more common) or to bring it to an interview, if you have an interview. In terms of the time, we are seeing these cases take 1 to 2 years and sometimes more. Take care, Jason