When you were in middle school, did you ever have a crush on a classmate? Did you analyze every stray glance and dissect every off-hand comment for signs that your crush liked you too? I feel like that’s what we’ve come to as observers of the asylum system. The mere mention of the words “asylum” and “backlog” by a government bureaucrat in the same sentence has become cause for celebration. My crush knows I exist! Woo Hoo!
Such a momentous event came to pass last week, when the Acting Director of the Office of Management and Budget (“OMB”) included the following paragraph in a letter to the Chairman of the Senate Appropriations Committee, summarizing President Biden’s “Discretionary Funding Request” for FY2022–
Supports a Humane and Efficient Immigration System. The discretionary request supports the promise of a fair and equitable immigration system that welcomes immigrants and reflects the Nation’s values. The discretionary request provides $345 million for the United States Citizenship and Immigration Services to address naturalization and asylum backlogs, support up to 125,000 refugee admissions in 2022, and allow for systems and operations modernization. The discretionary request supports expanded access to the Alternatives to Detention program and provides enhanced case management services, particularly for families seeking asylum.
On the one hand, it’s clearly good news that someone at OMB understands that an asylum backlog exists at USCIS and that the President hopes to devote additional resources to help reduce it. On the other hand, it’s difficult to believe that this proposal will do much to resolve the current problem for affirmative asylum seekers.
First, the “Discretionary Funding Request” is, well, a request. It is not a law and no money has yet been allocated. If the House and Senate agree to the proposal and pass an appropriations bill, and if the President then signs that bill into law, money will be allocated for the backlog. But it seems to me, we are a long way from that point. As with the U.S. Citizenship Act of 2021, immigration is a hot-button issue, and so it’s not easy to believe that the President’s proposal will get through Congress unscathed.
Second, it’s not clear how much money would actually go towards the affirmative asylum backlog. The $345 million is not only for asylum. It would also be used to reduce the naturalization backlog, modernize USCIS operations, and support up to 125,000 refugee admissions. By comparison, the FY2016 budget provided $268 million for the asylum system and refugee resettlement alone (and not naturalization or modernization). As such, it is unclear how significant of an increase President Biden’s proposal represents (especially given that when we adjust the FY2016 budget for inflation, it would be about $300 million in today’s dollars). While we can expect some additional money for the asylum system if this budget passes, we really do not know how much, and so we can’t yet gauge the impact of this proposal.
Third, it’s worth noting that in a DHS statement issued in conjunction with the OMB proposal, Secretary Mayorkas makes no mention of asylum or the backlog. Given that DHS is the agency that would implement any changes to the affirmative asylum system, this silence is not encouraging.
Finally, even if the President’s proposals are accepted and the funding is issued, the FY2022 budget does not kick in until October 1 of this year, so we won’t see any additional resources (at least from this source of funding) until late 2021. After that, it will presumably take some months before asylum seekers start to reap the benefits of that extra money.
And so while I am happy that the President (or at least someone in the bureaucracy) has noticed the plight of affirmative asylum seekers, I am not convinced that this new proposal is the key to resolving the backlog.
Indeed, as I have written here before, there is a lot that can be done to improve the affirmative asylum process that does require much additional funding. There is also much that can be done to improve the situation for those who are waiting in the backlog. I hope that the Biden Administration will not limit itself to one path or the other. The backlog is a big problem, and it requires a multipronged solution. The possibility of more money in the future is a step in the right direction, but without other changes, money alone is not enough.
Given the hostility of the prior Administration, we advocates should acknowledge and celebrate the positive developments and proposals that we have seen during the first three months of Mr. Biden’s term. And then we should push for more.
Hi Jason,
I would like to ask some questions about the recalendaring case.
Will the USCIS provide the receipt letter to the applicant and his/her lawyer when the asylum case has been filed a motion to reopen.
How can I check/know that my lawyer has filed the motion to reopen the administratively closed case at the immigration court?
Or How can I know whether the court received the document to reopen from the lawyer?
I called 1 800 898 7180 and check the status but there is nothing improvement.
Thank you very much for your support and suggestion.
If you do not trust your lawyer, that may be an issue, but the best way to check is to call the court directly, ask the receptionist the status of the motion to recalendar (or maybe ask to talk to the judge’s clerk, if you know your judge’s name). You can find their phone number if you follow the link under Resources called Immigration Court. Assuming you are referring to a court case, there is no receipt from USCIS for such a case, though sometimes, you have to file with USCIS to do your biometrics. Take care, Jason
Hi Jason, Hope all is well. Thank you very much for the information. I think that recalandaring is not a very common procedure. I would like to understand better this procedure and I am looking for the article regarding the recalendaring on your blog but I don’t find one. Could you please let me know where I can find it?
Thank you for your time and suggestion.
I did not write about that. It is not such an unusual procedure. If a case was taken off the docket, you just have to ask the court to schedule a hearing. It is similar (kind of) to a motion to advance, which I wrote about on April 20, 2017. However, you might do well to talk to a lawyer and have a lawyer file the motion for you. Take care, Jason
My asylum case was referred to court. I have since been working in healthcare field and other essential workers field. Can I apply for the essential work GC when the law is passed? Will I have to apply through the court or ask for relieve before applying for the essential work GC?
Or will are automatically, qualify and apply for GC, when I get the GC before I can ask to removed my case from court? And will USCIC grant me a GC as essential worker while my asylum case is in court?
If a law is passed for essential workers, you will have to see how it looks. Typically, people who become eligible for status who are in Immigration Court can either get that status from the court or terminate the court case and apply with USCIS. At this point, we do not know whether a law will pass and how it will look. If and when that happens, you can decide how to proceed. Take care, Jason
I tried scheduling an in-person meeting with the HR manager. They asked me if I got my EAD renewal and if that’s what I wanted to meet about. I said no, but I would like to discuss it; they said they would rather do a phone call. So, my hand is kinda being forced to have my lawyer email a formal letter explaining my immigration status. My preference would have been in person so I could provide the document with my i94 and further information explaining my ability to work in the US. How exactly do you explain an i94 over the phone and unload all this information about asylum?
But it looks like I don’t have any choice but to tell HR about my asylum status. In the meantime, I have reached out to my local representative explaining the issue and I have gotten a response and they will look into it. It’s just that I am not going to put too much faith in that and I don’t think they will be able to make a difference in time for some positive outcome to happen. I need that EAD receipt right now for this to be resolved. I also emailed the White House and my states Governor too, just for kicks.
Your employer sounds like kind of an ass. In any event, even if you tell them that you have asylum, I imagine you can spin it so that you got asylum due to conditions in your country as opposed to anything personal about you. Maybe. Take care, Jason
I feel the same way, I would have expected to at least have the option to discuss it in person. But if they cross the line and ask me what the asylum is related to then I am done.
In almost all cases, a person can only get asylum if country conditions are bad. So I don’t see why you cannot simply explain that country conditions are bad and that is why you got asylum. If they want to hear specifics about you, you can say that it is not a subject you are comfortable discussing and reiterate that you got asylum because conditions in your home country are dangerous. It seems to me that they have to be very nosy and inappropriate to ask more than a very general question, but of course, I do not know them. Good luck with this, Jason
Enrron,
Why are you even indulging this company ?
Don’t you have an ID?
Simply respond to the email they wrote you with scanned copies of your SSN, and ID, and let them know that you recently discovered that you have what they need to verify your employment authorization,and that you have attached the documents to the email.
“Recently discovered” should address your fears of being too far in.
I suggest you start looking for a more professional environment while keeping this one to keep your bills paid.
I am not one to engage in vulgarity, but this is definitely an a** of a company.
Exactly as TINA said, run run run before they did an FOIA on you and completely destroyed your privacy and reputation…
The fact that your employer wants to do a phone call rather than an emails shows that they want to avoid legal trouble and they may use whatever means they want to manipulate you. I think you should leave…frankly…
Hi enronn, I want to advise you right now. please DO NOT give your HR anything more than necessary. that’s not okay, you have your right not telling your asylum status and lgbt identity.
I am just confused about the Adjustment Status waiting time, I am waiting about 11 months now, I heard a friend got his GC on 5 months, I thought that was unique and lucky situation. Now I heard, another lady who is in our church got it on 2 months. I am just shocked, is it random or lottery kind? Is there even FIFO or LIFO kind of ordering on Adjustment Status applications or its random, basically on luck.
What I think has happened is, a lot of supporters of the previous Administration’s immigration policies are still holding the hard-line at USCIS. The fake issues last year such as the machines to print cards not working or something to that effect. Also, they will just take your money and let your case sit there in a filing cabinet gathering dust. They will look at factors like, you are not a priority, you are here already, be patient, and wait until we feel like it. In another forum I follow, the lawyer is recommending that persons who have been waiting too long for their GC should file a lawsuit so they make your case move.
I am giving them the benefit of the doubt since actually called me in for biometrics earlier this year. But, if it took 8 months just for that, I am looking at 1 to 2 year before I get my green card. I can’t even get my “receipt number”.
Our clients used to get the GC in less than a year, but that has not been the case for some time. You can check USCIS processing times at http://www.uscis.gov, but I think the wait time for an I-485 is 1 to 3 years. As far as I know, they do cases in order, but some cases require more time than others. Take care, Jason
Jason, I could be wrong, especially since my evidence is mostly anecdotal, but Texas Service Center (TSC) is clearly processing cases however they feel. The center in Nebraska seems like it’s processing cases in the order they receive them. I honestly think the DHS Secretary should commission an audit into the I-485 processing times for asylees at TSC. Asylees are not unreasonable when we assume that TSC doesn’t like us.
I don’t know what the story is at the TSC, but that office is pretty terrible. Besides being slow, they often make mistakes and are sometimes cruel. I do hope upper management takes a look at that office. Take care, Jason
Speaking of TSC. It’s been 2 years that I submitted my application to Adjust Status to permanent resident at the Texas Service Center. I have still not gotten a fingerprint appointment. My district representative submitted an inquiry on my behalf and we got a standard answer saying that the Center is processing cases in order they received it; and that my application was received and in the queue. I do not even want to think about the miss opportunities this will cause and the time waisted before of this Center. This is just not right.
I think you are still within the “normal” processing time. Even so, you can try an inquiry with the USCIS Ombudsman (a link is under Resources). They sometimes help with delayed cases. And it is free, so there is nothing to lose. Take care, Jason
Hi Everybody,
Are there any other Asylees on this forum whose case has been pending interview for more than 6 years??????
I mean… with FIILO…the old cases probably will never be interviewed…
I think all my affirmative asylum clients who filed in 2014 have been interviewed, but I still have pending cases from 2015, and I think there are a fair number of such people still waiting. Take care, Jason
Do you have anyone who had been interviewed from 2015 (who did not expedite)?
I think so, we had a couple old cases randomly interviewed late last year or early this year, and I think they were from 2015 or 2016. Otherwise, I think few of my cases from that year were interviewed. Take care, Jason
My case has been pending for over 6 years. It will be 7years in Dec.
Probably will be 8, 9, 10…I mean I wouldn’t be surprised the number will just keep growing…
I applied June 2015 from Los Angeles and still have been waiting. I applied to expedite my case.They only accept a cancer case and family separation was not approved by them.I wanna try one more time and hope Biden administration helps us.
It’s just so sad…
I applied for renewal of my ead based on asylum a few months ago but not have received any updates yet. Can i contact USCIS to inquire about the status of application of renewal? Second question. Are asylum seekers eligible for volunteer community work?
Thanks
I called USCIS last week and was informed that receipts are taking up to 60 days to produce. But reading your mention of 3 months ago suggests this is not the case. I got a warning letter from HR today that my position will be terminated immediately on the day my current EAD expires.
Honestly, I don’t know what to do at this point, I reached out to the HR manager to inform them of my call to USCIS and the 60 day period to get the receipt. But, I am unfortunately losing hope this is gonna happen. I might schedule an in-person meeting to discuss my asylum as a last resort. My feelings around this though, is I am too far in. I probably should have said something when I just started working there, but almost 2 years into the job whats the point?
Tips anyone how I could initiate a discussion with HR about this?
How should I explain I have an i94 which gives me the right to work permanently?
How do I bring up my asylum and at the same time explain why I was applying for EAD renewal. (I was of course going the EAD route because I didn’t want to discuss my asylum).
Its just that this is making feel like I am going through my asylum process again.
Hi enronn, do you have a unrestricted SSN and perhaps a school id/driver license ? This should suffice the work eligibility issue.
I frankly don’t understand why so many employers are constantly demanding more.
I do, but when I was appointed and I had to present my proof of authorization to work in the US, they asked for three things: Passport, Green Card or EAD. The HR manager are joked at the time when they reviewed my EAD expiration, I hope we are still open by then. I thought nothing of it. I probably would have been more willing to open about it, but, she had three of us in the office at the time when we were signing our contracts and that’s not something I wanted to discuss with the other employees. I should have used another occasion.
Enronn,
I was in the same situation before (might be in one soon if my EAD renewal reciept doesn’t come soon). Our HR doesn’t have information what & how EAD works. She told me I would be terminated if I sont get my renewed EAD before the old one expires (I had the reciept that extends the EAD for 6months. But she didn’t think that is a good enough doc).
I reached out to the section that handles visas, H1B etc in my company. The mgr was very helpful and she fixed it.
I think there is some kind of law that allows employers to extend your employment for some months if they can have information the delay is from the government side.
They calling the USCIS. I used it once for my 1st EAD to escalate the case.
The receipt extended the expiring EAD by 180 days (assuming you filed to renew before the old card expired), but there is no other provision to extend employment eligibility. However, if your asylum case has been granted, you do not need a valid EAD to be eligible to work (https://www.uscis.gov/i-9-central/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/63-refugees-and-asylees), though it is often more convenient to have one. Take care, Jason
If you have an unrestricted SSN and a school id. That’s the only thing you need to provide. @Jason, is there a reason so many employers don’t seem to know that requesting confidential information is in violation of the law ? Because I see in this platform many times that employers asking more than necessary documents, including myself.
I think they just don’t know – it is not very common to encounter an employee with asylum or asylum pending, and so there is no reason they would know. Plus, I think they are afraid of violating the law and are erring on the side of not hiring people who are questionable (in their mind). Of course, that choice can also violate the law here, and as others have said here, it is the employer’s responsibility to figure this stuff out, even if USCIS does not make it terribly easy. Take care, Jason
Hey Enronn, I also want to ask, why do you think the EAD would be a better position ? Like if you give your EAD, it will have the code A5. And it may also give away the fact that you are an asylee…
Apart from the A5 code, the EAD also has your Z- number which I WILL not want anyone to have access to. I forgot to mention that it was one of my reasons for passing on using the EAD.The I94 only says “granted asylum.
The fact that HR can’t tell as much that its an EAD based on asylum says as much about the little bit of discreteness offered by it. The I94 clearly says Asylum Granted indefinitely. My HR is one for the dramatics and I knew the look I was gonna get when they saw that, then interrogation, why, what happened, talk to me, whats going on blah, blah, blah?
The general public knows very little about asylum. If an explanation is required, you can simply say that you got asylum because your home country is having a civil war or a natural disaster, or some other reason. Just because the company knows that you got asylum, there is no need for them to know specifics about your, and you can spin the story as a problem with your country that has nothing to do with you. I don’t think this is lying, as long as you state the true facts of your country (and every country has some problem to point to). Take care, Jason
If it was 1985 when there was no Internet, I probably could pass that off. But you can easily do a web search about whats going on in any part of the world. This is why it’s even more awkward, because, it would just be required for me to come clean about my asylum, which is based on my sexuality. That’s where the lack of sensitivity comes in. Because now I am discussing something about my personal life I still would rather keep it private. Select persons at work know I am gay, but the fact is, this information is now being exposed to management and used as the basis of why I can work here.
So, the act of having to explain and prove myself especially when it’s something to do with my sexuality makes me uncomfortable. It’s not shameful, it’s no different if it was rape, murder, domestic abuse, or something traumatic, its still a private and sensitive issue. I don’t want to have to wear ‘asylee here’ every time. I can’t fault the company I work for entirely, it’s how the system is set up. All USCIS should have done was, once you are granted asylum is to give you an EAD indefinite or for 5 years or until you get your green card. It only proves there are stupid people working in US immigration.
You are just writing my story I feel…same here…not wanting to discuss this but the document will give me away.
I am also queer. And I feel that LGBT asylum seekers are particularly at risk…
In my opinion, if you don’t feel comfortable discussing your asylum application. You don’t have to. The HR needs to learn I-9 verification.
Maybe this will help: https://www.uscis.gov/i-9-central/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/63-refugees-and-asylees. It is the clearest explanation I have seen from the government that asylees can work. I do think the employer might have liability if they terminate you due to your expired EAD. You may not want to threaten that, but they should understand that you are eligible to work and that terminating you may pose an issue for them. Take care, Jason
Hi ENRONN,
I clearly understand you would like me to mind my business, and may not really want me to contribute, but I still can’t help myself when I can be of help.
If you remember, my asylum just recently got approved, and I chose not to present my employer with my A5 EAD because it has expiration date. I went with my i94, but in truth, as I learnt, I gave them more documents than was required. All they needed was my SSC( unrestricted) and form of ID( my DL).
Please let your employer know that what you need to verify authorization to work is either,
a list A document ( EAD for example)
Or
List B and C combined( unrestricted SSC and your DL ).
Your employer should NEVER ask for more than you are willing or able to provide.
Here is what I would do if I were you.
I would not have this conversation verbally. I will leave a paper trail.
Email your HR person that your SSC and DL are sufficient for work authorization verification, and you would like to know how they want to receive the documents.
If they say they would not accept them. I would wait to be fired, and then the conversation can begin at that point. This is discrimination, and some good lawyers are waiting.
My re-verification took less than 10 minutes.
All they did was send me an email with code and details on where to submit my documents, and that was it.
You cannot pay for your employer’s stark ignorance with your job.
ENRONN SIERRA, your employment cannot be terminated if you have valid asylum status, especially if you ask your HR department to verify your employment authorization. It’s your employer’s responsibility, once you’ve provided the required documents/IDs, to verify that you are authorized to work in the U.S. You need not present an EAD receipt or an EAD. What you need to present to your employer are your unrestricted social security card and some form of government-issued ID. If the employer requires more, or they employer makes reference to your immigration status, then the employer may be contravening employment laws.
In addition, presenting your I-94, though not needed if you have an unrestricted SC and state or federal ID, should not require a discussion about your asylum status. A professional company or HR department would not ask you to explain your status, nor would they ask you to provide more documents than are required to show your employment authorization.
Personally, I tend to be very direct and straightforward when it comes to these things. Of course, you want to be very polite and professional; you must also demonstrate that the employer is in the wrong and you are confident that they are in the wrong. Don’t let them sense doubt, lack of confidence or uncertainty. You do so by providing them with facts and directing them to the information. Otherwise, you not only risk losing your job but also end up needlessly wasting time, money and effort.
In your email response, you should respectfully disagree with their understanding that your employment will be terminated because of the end date on your EAD. Obviously, the end date on a document that provides authorization to work does not mean your employment authorization ceases. You then assure them that you are authorized to work in the U.S., because of your immigration status (you don’t need to mention what status), and that your employment authorization can be verified using the government e-verify system (you may want to provide them this link, though you are not required to). Next, you want to let them know that pursuant to the law, the Department of Justice, and USCIS, you are only required to provide the documents you are providing. You may also mention where they can find the information.
If you have a lawyer, you can have your lawyer respond to them.
The below provides information about acceptable documents and IDs for employment verification purposes. You may also go to the DOJ website for more information.
https://www.uscis.gov/sites/default/files/document/forms/i-9instr.pdf
Excellent as always Jamie.
I will say though that Enrron should do this himself, and not have a lawyer involved at this stage.
If I involve a lawyer at this stage, I should have had my resume out in several places, so I can leave the employer within the shortest time possible.
It appears the company is not a large one , and doing so may make him appear like “threatening” the company, troublesome, or even awaken their curiosity to begin to delve deeper into Enrron’s circumstance/ matter, since it appears people know one another.
It may also make the work environment uncomfortable for him, and who knows,, his next job may contact his former employer (this company).
I will recommend to pursue it peacefully himself, while leaving a paper trail via email, incase they still go ahead, and separate him from the company.
I was in a big company and the HR there was equally uninformed with the confidentiality cause.
And when I did say this is more than what’s needed, the employer did exactly what you envisioned, ‘awaken their curiosity to begin to delve deeper into Enrron’s circumstance/ matter, since it appears people know one another.’ so they did an FOIA on me.
Hi Tina, this is a good point. I’d have preferred if Enrron does it by him/herself. However, if s/he is not confident enough, s/he can have the lawyer compose the email and send it to HR. As a last resort, Enrron can have the lawyer contact them directly. This happens more frequently than you think. If this causes tension between the employer and the employee, then it would be in Enrron’s best interest to find another job as this organizational culture is one that is toxic and unprofessional. I can see where this would definitely compound any existing mental trauma/anxiety.
Personally, I don’t care if the company is large, medium or small. As well, the government, or the law, doesn’t care. That is why, especially when the information/ required document is presented to the company, the company should make every effort to verify the employee’s authorization. Companies- large or small- should be verifying employment authorization, despite immigration status (at least, this is my understanding).
I also don’t believe that Enrron should have to discuss his/her asylum status in a bid to keep his/her job. Of course, s/he can do so at his or her own volition, or if the law requires him/her to do so. But, if s/he is uncomfortable doing so, s/he shouldn’t have to.
I am not contending that Enrron should be “bypass” amicability and instead opt for blustery. What I am, instead, contending is that ignorance about your employee’s employment eligibility, especially when you make the process already onerous for the employee- or potential employee- and your failure to do your part when the employee makes every effort to provide the information to you, is not an excuse (especially as a professional entity). I am also certain the government would agree with me.
Thank you so much for these recommendations. I’m looking at two options, set up an in-person meeting with HR next week to discuss this. Part of the reason I am likely to do it this way is for privacy sake. I live in a communal household and there is an elderly roommate who doesn’t know about my asylee status and is always asking inquisitive about my status and ability to work here in the US. The walls are thin, so, I don’t want to have this conversation at home with the other roommate listening in, since the breakfast table is basically on other side of the wall to my desk and he is always in the kitchen. I don’t feel I should have to explain myself to nobody since I pay rent here, but this roommate I believe is dangerous. He tried to get another roommate kicked for babysitting a co-workers rabbits. That other roommate wasn’t even aware he lodged a complaint until the landlord called to find out what’s going on. So, I am being very circumspect. I just don’t think it’s any of his business to know anything and I am not going to give him the privilege of knowing it either.
The other option I am looking at is getting my lawyer to write a professional email to my HR manager explaining my immigration status. But I need to do this carefully and I want to do it in a way where the manager or the company doesn’t feel threatened. Part of which will likely require providing some details in advance.
Its just awkward right now, but I need to do something before its too late. I don’t think USCIS will have any receipt numbers ready anytime soon.
Are you asylee? If you have SSN unrestricted, will be no problem at all. I am asylee I don’t even renew my work permit when I got my unrestricted SSN after asylum approved just sent HR since then they don’t even bother me.
If you have the receipt for the renewal, you should be fine. Renewals have been taking maybe 4 to 7 months, as everything is still slow. Assuming you have the receipt, you can check the processing time at http://www.uscis.gov, and if you are within the posted processing time, calling will not help. In terms of volunteering, I do not see why that would be a problem. Take care, Jason
Everyone USCIS is asking for your opinion. Voice your concerns here >>> ask them to tackle the backlog and to count all of your years of wasted time in limbo , towards citizenship eligibility.
https://www.regulations.gov/document/USCIS-2021-0004-0001
I did submit my comment as well. Jason, do you think these comments will help with the backlog and if they will take any action after all these “cries for help” are submitted ?
I think the more that people raise the issue, the more likely there is to be a response, so I do think it is helpful to submit comments. Take care, Jason
Thank you Jason for your response. Also, I am an asylee and have been waiting for my GC for 1year 7m. It’s being processed at the TSC. Planning on moving from NJ to FL – do you think if I change the address/state my GC application will be delayed even more? Thank you !
I do not think changing the address will cause delay, but make sure to update your address for the I-485 and any other pending forms using form AR-11, available at http://www.uscis.gov. You can file this online. Take care, Jason
Dear Jason
I have a question that is worrying me a lot
As asylees, asylum seekers, and even immigrants, to what extent can we take legal action in America? I mean, since we are usually leaving in fear of losing our status, can we still sue someone/ an entity when we feel that our rights are being crossed/ingringed? I have heard a lot among immigrants when they tell me that I cannot take legal action just because I don’t want “problems” in this country. How do you respond to that? Thank you.
I think it is an unfortunate fact that immigrants (and especially people who have applied for an immigration benefit like asylum, but whose case is still pending) are more vulnerable in many respects. Theoretically, you should be able to protect your rights the same as any citizen, but in practical terms, it can be more frightening since you do not know about your status. Also, sometimes, people will threaten to “call ICE” on a non-citizen. This is largely an empty threat, but for non-citizens, it is still intimidating. I hope non-citizens, including asylum seekers, will assert their rights and not let others take advantage of them, but I know that is not always easy. Take care, Jason
Hi Jason,
If someone forget to state his prior arrest while filling N-400 naturalization (which he stated when applying for green card) does he have to immediately contact USCIS or wait until the naturalization interview to tell them in person.
Thanks
I would get a copy of the arrest documents and the disposition (final outcome) and send a copy to USCIS (to the last address from USCIS that sent you mail). Also, send it certified mail and keep evidence of delivery. Keep a copy of all those documents and bring them to the naturalization interview, and present them to the officer when you arrive. I recommend this course since the biggest issue would be that USCIS accuses you of hiding the arrest. Presumably, this arrest will not block you from citizenship, since it did not block you from a GC, but if you have any doubt, talk to a lawyer. I do think the safer course is to send them the info, and in that way, it will prevent them of accusing you of hiding it. Take care, Jason
Hi Jason
My individual hearing is coming up in july 2021. I have some inconsistencies during my asylum interview which I explained to officer in writing even after interview but i think he did not consider it and gave me referral. My question is how does those matter in the court? Do you present kind of a new case in court or they mainly look over the past inconsistencies?
Also i am a healthcare working professional doing county job and also doing doctorate.
Does it even matters to judge ?
Please let me know. I am so stressed about my hearing.
Thanks
If you have inconsistencies from a prior hearing (or visa interview), it is important to explain those to the judge, preferably in writing prior to the Individual Hearing. In general, when we have had these issues in our cases, and we explain why there was an inconsistency, we can usually overcome the problem. In terms of your job and your education, they do not directly affect the asylum case, but I have found that when judges see a productive, well educated person, it makes them more comfortable granting a case. In other words, those factors should not affect the case, but they often do. Take care, Jason
Hi Friends,
This is another opportunity talk about the asylum process.
https://www.regulations.gov/document/USCIS-2021-0004-0001
Please asylum seekers and asylees, do not forget to make your voices heard following the above link or simply googling, “Identifying Barriers Across U.S. Citizenship and Immigration Services (USCIS) Benefits”.
USCIS opened the forum yesterday asking how they can do better.
It’s an opportunity for us to talk about the backlog, the AY GC delays, the time that we wait to get an interview that never counts towards citizenship.
There is so much strength in numbers, and remember you can comment anonymously.
Thank you for mentioning this – it is a weird link, and unless they extended the deadline, comments were only accepted until yesterday evening. I am not sure why they provided that venue for comments, but only opened it for a very short time. Anyway, I submitted a few comments. Take care, Jason
Jason I wrote the below comments very quickly but these are the main points that I would like to share on the above link with USCIS. What do you think?
Dear Sir,
(1) Please allow asylees who are waiting for several years to adjust their status based on employer sponsorship for EB2 visa without leaving the U.S. Asylees are already able to adjust their status based on marriage to a U.S citizen. Please also allow them to adjust status based on employer related sponsorship for EB2 so that they don’t have to leave the U.S and should be ale to adjust status to EB2 without leaving the U.S.
(2) Please count the number of years that the Asylees have been waiting for their interview towards the time period required to apply for green card and citizenship after asylum approval. The number of years that the Asylees have already waited should be taken into consideration for the requirements towards green card and citizenship
(3) Please change the Asylum application processing system back to FIFO (First in first out).
(4) Please remove the requirement to appear multiple times for Biometrics when Asylees apply for I-765 EAD. Asylees have already given their bio-metrics at the time of the asylum application. Why torture Asylees more by asking them to appear for biometrics again and again. Is it not enough that Asylees have already faced such violence and torture in their own countries that their lives should be made more miserable in the U.S as well.
(5) Please remove the requirement that Trump imposed that Asylees should have to wait for one year before applying for their work authorization. What do you suppose Asylees should do during this first year. Beg on the streets?????
(6) Please Issue EADs to Asylees for 3 year atleast. Currently the 2 year validity of EADs for renewal is not sufficient.
(7) Please issue green cards to asylees on the same day that their asylum application is approved. Asylees should not have to submit a separate application for green card 1 year after their asylum approval. What is the whole point of this process that Asylees should wait 1 more year after their asylum approval. A green should automatically be issued to each asylee on the day that their asylum is approved.
These are all good ideas. However, I think 1, 2 and 7 can only be changed by changing the law (through Congress), and so USCIS does not have the power to make those changes. Nevertheless, there is no harm in mentioning those points. Take care, Jason
Hi Jason , my friend got a refugee approval through the UN to live in Indianapolis, my question is can he move to another state, without stopping his benefits ? Thank You
I wish I were your friends.
He can live anywhere in the US. However, whether moving might affect his benefits somehow, I am not sure. When refugees get resettled, they usually have a sponsoring agency to help them, and maybe he can ask the agency about that. Take care, Jason
Hi Jason,
I was granted asylum in the Chicago office. I applied for green card after a year in another jurisdiction (Texas).
Do you know how this would affect my case. I was thinking transferring files between different jurisdictions would take time. It has now been close to two years since I submitted my case and I haven’t heard back a decision.
Thank you for all that you do.
JD
It should have no effect (as long as your address has been updated so you can get your mail). GC cases are taking 1 to 3 years, and most of our clients seem to be in the 1.5 to 2 year range. You can try to contact USCIS through their website or call them: 800-375-5283. You are still inside the “normnal” processing time, and so I do not know if that will help, but it won’t hurt if you want to try. Take care, Jason
Thank you for your response, Jason! I will try calling them.
JD
Isn’t it just pathetic and sad to think it’s within “normal processing” for such cases to take up to 2 years , I mean you would think that only happens in third world countries . Sad
Hi Jason, when I called my Asylum officer to enquire about my interview result, he said decision was made and it is undergoing supervisory review and it takes a while so I have to be patient…he seemed to be suggesting that there is some kind of Supervisor shortage in Asylum Offices. Have you heard anything about this? given the few interviews at the facility, I cannot imagine how supervisors could get busier than before.
Chances are it’s an approval. Congrats !
Asylum Seeker, this is NOT indicative of an approval or referral to court. Both the supervisor and the officer who conducted the interview have to agree to grant the applicant asylum/refer the case to court. This is standard procedure.
Really ?
I have heard this before, and it may be the case that the supervisors are backlogged. However, it is extremely frustrating. The asylum offices are not working at full capacity, and so I have no idea why they do not have the resources to complete cases that have already been interviewed. The most recent data I saw (from last summer) showed that there were over 22,000 cases that had been interviewed and that were awaiting a final decision. Take care, Jason
Hi Allen,
Do you mind sharing with us when you had your interview and at what office?
Thanks.
Hi Alien, May I ask how did you call your Asylum Officer? Did you call the office and asked about your case or you asked to talk with your officer?
I just happened to have a very “Nice” officer who interviewed me for 6 hours for the second interview!! but provided his office number so that I can call if I have any questions.
Thanks Alien, May I ask how long have you been waiting for your decision?
3 years!!!
Hi, Jason.
Would you please provide me with your email address, I want to briefly explain about my asylum case and the situation I am in right now and see the way possible to help expedite it for interview.
Thanks.
My email address is JDzubow@DzubowLaw.com. Just so you know, while I can answer questions on this forum, I cannot answer questions by email. However, we could arrange for a consultation if you would like to do that. Take care, Jason
Sure, I would like to have consultation, Can you arrange that for me please, And would you check if next week Friday will be suitable.
Thanks Jason.
Please send an email and we can arrange that (JDzubow@DzubowLaw.com). Thank you, Jason
Hi everyone,
I have a question, and hopefully I can get some clarification.
It is my understanding that a third-party can request FOIA on another person. Only requirement is that the subject of the FOIA signs an authorization.
Well, anyone’s signature can be forged by any evil minded, motivated person.
If this is correct, how does it relate to asylum? Does it mean that someone can easily obtain our files with authorization?
This is exactly what happened to me…My employer did an FOIA on me without my consent…and now everybody knows that I am an asylum seeker.
It seems to me that if they investigated you that way, it may be illegal. I would recommend at least a conversation with the Justice Department about this, as they are supposed to protect people in your situation: https://www.justice.gov/crt/immigrant-and-employee-rights-section. Take care, Jason
Oh my gosh @ asylum seeker.
My own issue is more scary and more complicated than that. Now I am super worried.
Do you know how much information they provided your employer?
Probably everything, including my asylum information. This is one of the tech companies.
I don’t believe s/he is worrying unnecessarily. I just think s/he is not telling the whole story , because s/he seems genuinely worried. I am also thinking that s/he is not telling the full story about his inability to find another job based on his EAD category, because we all work/ worked with the same category with no problems at all.
For your employer to go through the stress of FOIA, mmmmmh?????
His/her situation appears to not be an exception to all pending asylum cases in a negative way. Why?
Appears to be an exception * typo please.
Tina,
I would suggest you to ignore the information from this person. Your asylum is already approved. No need to worry about anything. I have never heard an employer running a FOIA request on somebody….Why would an employer do this?????? The employer already has our EAD and they can determine our status……Why would the employer bother with the details of an asylee’s case………Specially tech sector companies are not stupid that they will do something like this. This would be a huge liability on their part and could cause them to loose millions……..Unless there is a crime or some other serious issue involved here I would guess something like this will never happen…..
It seems to be happening on a daily basis from the look in this forum. Tech sector personnel are equally uninformed of this issue. Even if there is no crime involved, to asylum seekers, confidentiality is always a big concern. Nobody would feel comfortable if privacy is breached.
Sorry Asylum seeker but why would an employer go to such a trouble of filing a freedom of information act on you. They can already determine if you are on asylum or not based on your EAD???? Why exactly would your employer be concerned with the details of your case…That is absolutely not their concern and what exactly are they going to do with your asylum information (It is useless for them)……..You are saying It’s a tech company, I work in the silicon valley for the 2nd largest software company in the world, If your employer indeed do this then I would think this would be highly illegal and a huge breach of privacy….You could probably sue them for millions………
Probably because they are worried that I bring suit against them. If I am indeed undocumented here, as in if I am here without legal status nor lawful presence. they can contact ICE and I am on my one way ticket back to my country of origin.
Ok first of all…..It has been shared a thousand times on this page that if you are on affirmative asylum pending then you probably entered then country on a valid visa and I-94, You have a valid asylum case pending with USCIS and the USCIS and DHS has all the necessary documentation on you so you are not illegal or undocumented.
Did you read the initial asylum receipt that USCIS sent you. It says that you are allowed to remain in the U.S until your asylum case is adjudicated so Why are you considering your self illegal or undocumented???????????
2nd when your employer contacts ICE what exactly are they going to tell ICE…Did you commit a crime or anything illegal at workplace?????If not then ICE can’t do shit……DHS already gave you poermission to live and owrk in the U.S so why would ICE be concerned about you.
You seem to be sharing very confusing information here……Please tell the whole story….Is there a reason for ICE to deport you…Did you do anything illegal?????
I don’t know what your true intention here is but you seem to be sharing a lot of confusing and conflicting information here……
Wait, is this the asylum seeker that is concerned about an employer that contacted ICE?
If so, I honestly do not think your employer needed to contact ICE to know your status.
Your EAD (c8) says it all.
Your employer probably did a simple Google service, talked about ICE to frighten you.
People typically utilize FOIA when filing for benefits for themselves or some other person(s), or trying to build a defense for deportation, so they know what the government already has on them. The nformation will be useless to your employer, because none of the above applies.
I doubt that even a busy body will go through the hassles of FOIA. People request it based on a need to know
Lastly, this whole thing about the confidentiality of asylum is no longer holding water with me, if a third party can be handed someone’s A-file, confidentiality means nada.
Well, I should have added when I made that comment that a person can only get his or her own asylum file. If a person gets your file by pretending to be you, that person could (and should) go to jail for fraud (telling the US government that they are you). So I think it is not so easy to get a copy of another person’s file. Though I suppose if you are wiling to take the risk and you have enough info about the person, you probably could get the file. Take care, Jason
I said if I am without lawful presence…turns out I do by having an asylum application, but having other people breach the privacy is very concerning.
So they hired you without verifying that you are indeed authorized to work, or undocumented, and this is a tech company?
Now, I am getting a little off on this one.
My question last night was for a valid reason pertaining to my safety.
I doubt that – if you have an asylum case, you cannot be deported without due process of law (i.e., a hearing before an immigraiton judge), and if they make a false reoprt against you, or get a copy of your asylum case by pretending to be you and filing a FOIA, they could face criminal liability. Take care, Jason
Asylum Seeker ——-” they can contact ICE and I am on my one way ticket back to my country of origin.”
Friend As jason said……… This is America, not some jungle. You filed legal claim for asylum and your case is still pending, ICE can detain you if you committed some crime but they can’t deport you before you are presented before a judge to defend yourself….and even If ICE detains you you can always ask a friend/family to post your bond and get out…..You seem to have a very wrong idea about what affirmative asylum is……..
I am not sharing confusing information. There could be many reasons the employer does that but none would be good faith reasons. Confidentiality breach is a serious issue. Silicon Valley is no exception to this.
Unlawful presence only affects you if you leave the U.S voluntarily or are deported then you might face the 2/10 year ban….As long as you are already in the U.S then unlawful presence has no affect on you…..You are not the only affirmative Asylee, there are hundreds and thousands others like you and me………I have never heard ICE bothering any affirmative asylee without any valid breach of any specific law so I would suggest you stop your unnecessary worrying…..
I think confidentiality should be taken very seriously. Anybody who violates that should be held accountable.
I think all asylum seekers are concerned with their safety. Confidentiality breach is a serious issue.
That is correct but your employer only needs to know if you are authorized to work, and should have no interest in your personal or asylum story.
No one is saying we should not worry about out privacy, and confidentiality. I take them very seriously!
The question is, why is your employer interested in the details of your asylum claim, especially if that happened after the employer hired you?
If you are sure that the details of your case were given to your employer without your consent, and you have done nothing to attract ICE, you should be talking to a lawyer.
To Asylum Seeker,
I think you mentioned Tech sector/companies….I have worked for 3 tech companies across 2 states in the in U.S in last 6 years…….In all this time I have never seen an employer fire a candidate or refuse to hire him because of C8 category EAD……In fact It is actually the opposite. Employers hire C8 EAD asylees more quickly since there is less work to be done on their side and they don’t have to worry about sponsoring candidates….This is true for my current job as well……..
There are disputes between me and my employer and they are hoping that I am here without any legality so that they can arrange ICE to detain me. They must be disappointed that I have a pending asylum case. Their next goal is trying to derail my asylum application.
If you did not do anything illegal then there is nothing for you to worry about. If you did do something illegal then sure ICE might respond to your employer’s request and could possibly detain you but your employer would need to file some formal legal charges and you will need to be arrested or charged with a crime before ICE can do anything….. Usually when the local police arrests you for a crime or complaint they alert ICE….. If the dispute does not constitute a crime then there is no reason of worry here……
If your employer is threatening you without any valid reason then there is absolutely nothing of worry here………
Confidentiality breach is a big concern for asylum seekers.
Maybe asylum seeker is not certain. Maybe they just did a standard employee background check. I think if they did FOIA a person’s asylum record, and they did not have permission from that person, they would be facing criminal liability. Take care, Jason
Thanks Jason and Asylee and TINA. I wish there are more people like you in the world.
There is sensitive and private information I don’t want to share with others. This is also a concern.
I have wondered about this myself, and it seems that if a person has sufficient info about you (name and Alien number, and maybe some other info like parents’ names), they can do a FOIA to get information, even about an asylum seeker. I have not heard about it being a problem, but it seems to me that someone could do this pretty easily. Take care, Jason
I mean wouldn’t this be a huge problem ? …… it definitely seems should be illegal…but it seems that it’s very easy to do and other than contacting the justice department…there is nothing we could do ?
I have never heard about anyone doing it. I imagine it would be illegal, and punishable by prison time, since you would have to commit a fraud on the US government (by pretending you were the person whose file you are trying to get). For example, I can’t just request someone’s file. I can only request my own file. And so to do the FOIA, I would have to pretend to be someone else. I have seen people go to jail for fraud, and I think anyone who tries this would be taking a big risk. Take care, Jason
Jason, I believe you can request FOIA on another individual with signed consent from that individual.
You can also request that of a minor child,but you must show evidence of being the parent.
I guess what may make it a little challenging for an unauthorized third party is the fact that the person has to provide A-number, and petition receipt, even if the subject’s signature can be forged.
That’s right, but the barrier is probably lower than it should be for those who want to commit fraud. Take care, Jason
The world is filled with evil people.
4/7 post.
Wondering how the project of the above post is coming along.
I expected a lot more responses from members of this community, except most did not feel like giving a feedback here, after contacting their congress person or Senator . I totally get the point that participation is voluntary.
We come here to talk the talk on how we care about the ‘LIFO’ out system, but with this project, I have realized that it’ may just be “talk”.
Here is my point-
If your asylum has been granted, and the only thing that matters to you now is how fast you get your green card, or citizenship, it is totally valid.
BUT, if you CANNOT make a little sacrifice and send a message to your congress person, or senator on behalf of people stuck in the backlog, but come here to lament about your own delays, seeking some sort of emotional support from this community, it’s not so cool.
If your asylum is pending, and you are not reaching out, I will assume you are at your best outcome with endless pending status(if you know what I mean), and you should not have contributed to the backlog, thereby subjecting people who need their cases heard to severe emotional and psychological trauma.
I think it’s only fair that we support each other, and believe me, thinking less about ourselves, and a little more about others sometimes, may bring unexpected and desired solution.
I am sure some of us may be thinking, “I do not know these people”, but if we only care about people we know, or care with only talks, that is not cool too.
The more of these emails or calls that we send(even to only one congress person or Senator), the more of an impact, and who knows, if the administration makes changes to affirmative asylum in general, changes may come to asylum based GC, and citizenship too.
I hope more people will reach out.
I do think this is an issue for asylum seekers in general. Most such people just want to get protection and move on with their lives. Ideally, that would be possible. But unfortunately, the system is a mess and it is helpful if people contact their representatives to try to improve the system. You are almost forced to be politically active, even when you already have enough things to worry about. It truth, contacting Congress only takes a few minutes, and it is helpful. I hope people will continue to do so. Take care, Jason
Is it requirement also that we post here that we contact our local representative? I think not. Also, how does leaving feedback here effect change? Its all about contacting the representative in the first place. Leaving it in the comments is just showing that you did it. Some members here just like to create issues for issue sake. Sometimes those members need to honestly just mind their own business.
“I expected a lot more responses from members of this community, except most did not feel like giving a feedback here, after contacting their congress person or Senator . I totally get the point that participation is voluntary”.
“If your asylum has been granted, and the only thing that matters to you now is how fast you get your green card, or citizenship, it is totally valid.
BUT, if you CANNOT make a little sacrifice and send a message to your congress person, or senator on behalf of people stuck in the backlog, but come here to lament about your own delays, seeking some sort of emotional support from this community, it’s not so cool.”
Stop the gaslighting and underhanded comments.
I should be trying to explain myself for the sake of peace, but since you already made your conclusions in 2 words, oh well!
You do not need to post it here, but if you email Gary, he can keep track of you and contact you if there are any future campaigns or needs (he is a lawyer and will keep contact info confidential). Take care, Jason
Tina,
I second your concern that some asylum seekers, despite having/had pending asylum cases, didn’t border themselves to reach out to their congressman/woman or senator. It seems an implausible act of irresponsibility that may destine them to live in uncertainty forever. I equally consider the attorneys responsible for this as I never received an email from my attorney, though I know he is fully aware of this advocacy initiative or similar efforts now and in the past. Imagine, if we were not following this blog, how we would know about this initiative?
Alternatively, attorneys and immigration experts should raise their voices/opinions by writing op-eds and expert commentaries for the leading 20-news outlets that congress and government are closely following, here is a list: https://www.quorum.us/data-driven-insights/most-shared-news-outlets-members-congress/
One other possible initiative could be: Close collaboration of attorneys with each others to create a larger platform where individual like us could virtually meet and greets, and work together such as writing a collective letter to congress and government or other efforts. Without a collective pressure, we will remain a hidden crisis, for an indefinite period.
Asylum,
I totally agree with you.
This is one reason Gary is collecting contact info – it could help in lobbying efforts (though he will keep everything confidential). Take care, Jason
Jason, you didn’t provide a convincing response to my comment. You and other attorneys should work together to help us get out of this mess/crisis.
Unfortunately, attorneys don’t have special powers to improve the system. To the extent we have time, we do what we can. Take care, Jason
Tina, great points as usual. But I think participants of the blog- or asylum seekers and former asylum seekers- shouldn’t feel compelled or forced to contact their political reps. Instead, their participation in the advocacy- notwithstanding the emotional distress that many asylum applicants, asylees, and former asylees experience(d)- should happen organically, or because they see the importance of doing so. Personally- though I understand that many asylum applicants/asylees are busy trying to make ends meet, and many of us are overwhelmed by anything that reminds us of the wait or hostile process- I’d love to see more of us making our voices heard. However, I understand that it’s also OK if people just want to come here because they want to share their experiences, for information/updates, to learn from other people’s experiences, or strictly for emotional support (even if they don’t stick around like you, me and others). Perhaps what we can do is keep reminding the readers how they can lobby their political reps, and try to assure them that it’s mostly confidential and will not negatively affect their cases. More importantly, we can let them know how lobbying the government can have a positive outcome for all of us who are affected.
@Jamie
Good points!
I do think though that if Jason and others are working tirelessly to help us, it will be a show of appreciation to participate, especially for those of us still in the backlog.
Efforts are building to do more for affirmative asylum seekers. I have only done limited direct lobbying, but when an asylum seeker is present to explain the process from their perspective, it is very impactful – the Congressional staff pay attention. More than they pay attention to the lawyers and other advocates. For that reason, Gary (from the April 7, 2021 post) has been collecting names of people who are interested in helping. I spoke to that group yesterday, and apparently, they did get some names of people who might participate, and they are in pretty good shape future lobbying events, so that is good. Of course, they could always use more people, especially from different states (since it is helpful to have people in the representative’s district on the call), and so I will continue to encourage people to contact Gary if they are comfortable, but there have been some positive steps. So hopefully, we will start to see some changes soon, at least at the agency level. Take care, Jason
Jason, thank you so much for all your efforts. I can’t emphasize enough how you’ve contributed positively to the asylum community. Your advocacy, which transcends the legal realm, is on par with large non-profit organizations that provide support to asylum seekers. We can’t thank you enough!
Thanks – I am not so sure about that, but I’ll take it. Thank you, Jason
Hi Jason,
I got my I797C for RTD today and my year of birth is wrong. Is there any standard processus to have it fixed by USCIS or I can just call them?
Thank you for your help
*procedure*
I am also certain that the notice of action tells you exactly what to do if there is an error. Please, follow exactly what the notice tells you to do. The instructions are there- follow them!
I would call them (800-375-5283). I would also send a letter to the address that sent you your receipt. Include a copy of the receipt, and a copy of your birth date (passport and/or birth certificate), and write a short letter explaining about the error and asking them to correct it. Take care, Jason
Dear Jason
my RTD was produced today. I want to meet my family in third country (Turkey) and I am afraid that I won’t be admitted when I’m back.
Should everything be fine if I have my RTD and asylum approval document?
Thank you
I have never heard of anyone being refused admission if they have a valid RTD. Be aware of any Covid travel restrictions, but otherwise, you should be fine. Take care, Jason
Jason, great response. Asylees should also take any criminal conviction/arrest into consideration.
Hi, I did exactly same travel to Turkey for 2 months and met my family there. Had no problem at all. Good luck
Good morning..
Did you need visa for turkey ( and could you get it online with the RTD or not)..
Thank you so much ASYLEE for making me feel better about it.
AA: I called the Turkish Embassy and they told me that you need a visa to Turkey with RTD even though I don’t need based on my nationality. But I think with RTD you will need it anyway and you cannot apply online, you have to come to the consulate or Embassy with documents and have an interview.
Hello Jason and everyone, i had my individual hearing court in L.A on last December but it got postponed on February 2022, do you think its gonna be postponed again?!,
Best,
There is no way to know, but things do seem to be slowly getting better. I suppose you could ask the judge for a sooner date, though given the way things move and the current situation, it is unlikely to work. Nevertheless, you can ask if you want – I wrote about that on April 20, 2017. Take care, Jason
Dear Jason . I know you advocate primarily for the asylum backlog . But I have an idea , advocating also for honoring all those years they spent waiting and make them count towards citizenship or perhaps the time with the work permits , those are not free and you have to pay for them . I feel this could serve as some form of redemption for the community … a lot of money and time wasted . Just a thought 🙂
There are many (or maybe I should say, MANY) areas that need attention. The backlog just happens to be the worst and most obvious problem, both at the asylum office and in court. I did a series of blog posts in late 2020 and early 2021 where I listed different ideas for “fixing” asylum, but I do think the longs waits, the cost, the lost productivity, are all issues that should be addressed. Take care, Jason
Hi Katalin,
When you write your congress person or Senator(if you have not done so) regarding the asylum backlog, please include your suggestion about the asylum based citizenship and the multiple EAD renewal cost.
I believe if we look at the asylum system holistically and reach out, no matter where we are in the process, a fix of the backlog may actually have a trickle-down and positive effect on asylum based GCs and/or citizenship.
When we reach out, and post here that we have( totally voluntary), it may provide a kind of moral boost to those of us on the backlog-a show of support. It’s always a good feeling to know that you have support.
I believe some of us provided feedbacks here for the above reason.
HI Jason and all the asylumists here, I have been reading of the Essential Work citizenship act for undocumented immigrants. Do pending asylumist who have worked tirelessly during the pandemic as first responders or essential workers qualify if this act is included in the Recovery act?. I am looking at this as a possibility which will be hard for republicans to oppose if being included in the act recovering America from the pandemic
I have not reviewed it, but my guess is that many asylum seekers would qualify. There are so many proposals these days, it is difficult to keep up, but if some of them seem promising, I will try to post about that. Take care, Jason
Just got off the phone with USCIS, surprising how quickly I got through to a live agent. Did a check on my EAD renewal, but nothing new, was told it could take up to 60 days to get a receipt number. Also asked for updates on my i485 application and got some sobering news. The agent told me, my type of application could take 24 to 26 months to complete. So, this is very disappointing and something I have to process. If I had known, I would have done the EAD renewal sooner. So, two years from, I am looking at probably around 2023 before I get my green card.
Envy you…
What’s amazing is that there is absolutely nothing for them to do except re-run a security background check and then print the card. It should take 20 minutes. Take care, Jason
It’s intentional because the immigration system is classist. It also a means of creating frustration, like I am going to abandon my status and leave – no way in hell I am. But just like there are categories of green cards and EADS, its the same here with how they serve you. A person who is being sponsored by Microsoft or Apple are gonna be prioritized. I’ve seen stories where persons filed for their GC months after me, had biometrics weeks later, and approved in a couple of months.
I did everything right, did the medical, paid the high fee’s and I still had to wait months.
I feel that these companies are really doing a disservice to the country. They should hire more Americans.
I think asylum seekers are the true Americans here. They run away from persecutions, the embodiment of American spirit.
Hi Enronn, can you share with me how does one apply for GC with sponsorship from Microsoft or Apple?
If you are a talented engineer, they will normally sponsor you for a green card. Companies like Apple, Facebook, Microsoft, Amazon, all have large, dedicated legal departments where all they do is focus on applications for immigrants working in the company. Immigrants working for these companies just need to focus on their job and nothing else. Usually, it’s even part of the employment package, you get an H1B, do great work, stay with us, and usually within 2 years, we can get you your green card.
But the reality is, this is a very small part of the immigration process for many who come to this country, but its a stark difference compared to other categories: family based, asylum/refugee or even in other industries.
I was pressured to resign from one of these companies. The fact is, they heavily favor H1B people. And you surrender your privacy if you let them sponsor you. Since they will demand personal documentation such.
At least you were able to talk to a real person at USCIS. I’ve tried it multiple times this week regarding to my I-765 and no luck.
Enronn,
Did not you got approval recenlty. Dont you have an EAD with a5 for 2 years? Why are you renewing your EAD?
I don’t want to discuss my asylum grant with my employer. But at the rate we are going, I likely have to if I want to keep my job.
Same here, but I was compelled to discuss it with my employer.
Hi Enronn Sierra,
How do you able to contact USCIS? They are changed their phone system, whenever I call it loops me on automated receiver. Can you share how to connect for real person in USCIS.
The last place I rented from only checked my credit score, and asked for my ID, so I provided my DL.
However, I think not having a source of income, and DL may subject you to more questions.
In the absence of any other form of identification, immigration document(s), or passport may be required, because it is important for the landlord to verify your identity.
Do you have state ID? Even if you do, most landlords are big on income, and income source, so I think that may be more of a challenge than immigration status.
I understand that some racist landlords and apartment complex managers may always find a reason, even if you have a million sources of income.
I only submit my EAD to DMV and employer(s),
Anything else, my DL.
I see your situation is a little more challenging because you do not have a DL, and a steady source of income.I am so sorry about that.
Do not be afraid to apply for jobs at big US corporations. Because of the diversity of such establishments, they have more informed HR departments that tend to be more open. When you apply to such organizations, you only have to answer a general question like- Are you authorized to work in the USA? They never ask for what kind of EAD you hold during the application process, and only request your EAD during the onboarding process, after they have made you an offer.
Again, because of the reputation of these big organizations which they like to protect, they know better than rescind the offer because of your EAD category.
Please get on your computer, update your resume if you need to and start sending out applications. Don’t be intimidated, but just keep in mind that you may have to start with these companies at entry level positions no matter what degree you hold.
Here is how I look at it – I will be with you at entry level for as long as it takes me to resolve my immigration issue. Then with my degree, work experience and reputation of your firm on my resume, you are positioning me for a better tomorrow, in your firm or another like you, so humility and gratitude for what is available to us now😊.
Finally, I think you are better off finding a roommate, because based on your current situation, it may be a little challenging for you to rent directly . There may be websites dedicated to roommate situations out there.
As for your former employer, just as Jason and others have said, if you have done nothing wrong, ICE cannot come for you, because you are living in the US legally.
All the best to you, and I hope you post here one day soon that your situation is much better.
Thanks very much TINA. Hmm…do you mind what industry you are in ? Because in my industry, when I apply for jobs, there is no issue. But when I get an HR screening, they ALWAYS ask what category of EAD I am holding and how long the validity it is. It’s never as simple as are you authorized to work, which is supposed to be the case. And this happened in West Coast…they always brand themselves to be progressive and liberal when in fact they are not at all. There is great lack of diversity here.
Some positions may require green card at a minimum, but I have never been asked to provide my documents before the onboarding process,and never been denied any opportunity during onboarding.
I can tell you though that I have not been able to move up for so long because of my status.
What industry are you referencing that you are in?
The tech industry.
It is against labor laws to discriminate against people with time limited EAD’s . My last H.R even posted a poster on the notice boards which mentioned this labor law. Even If you have one month left in your EAD expiration, you are still allowed to work…..
That is so correct! We have that in all break rooms , and corridors where I work.
Some sensitive /government jobs may require green card at a minimum, other than that, these must be racist or ignorant employers.
Are they allowed to ask how much time do you have left for your EAD ? In my practice, they usually ask how long do you have left, and if they know you are in asylum category or not much time left, they just don’t move on with your application. This is why it’s so hard for me to get to get a job and so baffling for me to see so many other people with asylum pending work permit is getting jobs ? Like am I naturally attracting EAD-conscious employers ?
Friend,
Don’t worry you will find a great job soon. Right now I am working in a great job in silicon valley but I lost my job in April 2020 due to covid19 and found a great much better job in December 2021…….Just keep trying and apply for many opportunities …..Start from lower level if you have to……..Don’t give up ….We are here with you………
Asylee,
I appreciate your selflessness!
thank you tina
We all wish the world is without people harming other people
If you are having financial problems and have no other source of income then you can start a GoFundme campaign and share the link here. I along with other Asylees on this page can try to help you with as much we can………Most of the Asylees in USA are alone and have no family or friends who can help them in difficult time…..You can start a crowdfunding campaign If you need help……
Not to be a poop, but certain links cannot be posted here, as it could get me into trouble – those include links financial campaigns, sorry. Take care, Jason
Thank you Jason for the clarification. May be there could be some other way to help him if he needs it.
In any case I feel really sad when I hear that some other Asylee is going through hardship and difficulties. Only people who have faced great adversities and tragedies/pain themselves can understand other people’s pain and suffering. It is really sad there are not many platforms or organizations that support Asylees initially when they arrive in the U.S.
Asylees don’t have much resources to survive in the U.S during the initial 6 months or 1 year when they arrive in the U.S while waiting for their EAD approval. I remember personally that I went to catholic charities at the start of 2016 to see if I could get some help but I was refused. Today I am earning more than quarter of a million an year. I have had my share of extreme hardships and difficulties……………….I am grateful to GOD that he got me through tough times….
There are organizations that can help – it is just not easy to find them. I included some ideas and links in the post I did on March 31, 2021. Donating to organizations that assist asylum seekers during the waiting period (or creating such a group, maybe through a church or religious organization) is one way to help. Take care, Jason
@asylee, what are your thoughts when you are refused by the church ? I feel particularly betrayed when these organizations brand themselves as liberal or progressive and helping the poor…but refuse people…
Friend,
I still go to a church here in California. I learnt this the hard way that if you keep hatred and anger in your heart you will only loose your own peace of mind and happiness. Back in 2016 I approached 2/3 charitable organizations but they were only helping people who were admitted in the U.S as refugees not people who are on pending asylum. But that did not affect me much. I found a friend who helped me for the first 8 months until I received my EAD and found a job.
What you are feeling now I was feeling the same from 2016 to 2019. You should not be worried about who is liberal or progressive and who is not. Try to create happiness in your personal life and ignore all the hate if you see it outside. This will be better for your own peace of mind.
Majority of Americans are kind and compassionate people otherwise we would not have this biden govt, If you seek help you will find it, there are always people here who are willing to help others…..
He can get a State I.D from DMV if he does not drive. That will serve as a valid photo I.D for him and he already has an EAD which serves as valid federal I.D. If he does not have a job then he can show valid funds in his bank account or savings account to his property manager…..
Valid point, but since he has not worked for a while, such fund might not be available.
Yes, that is indeed the case…What should I do in this situation ? breaking this no job no housing cycle ?
I do not mind chipping in, but because of privacy concerns which happens to be a huge deal for asylees, I do not know how we can go about it.
I noticed your reluctance to disclose your state, so I doubt you want to expose your identity.
Most of us were in your situation at some point, and will be happy to help.
We also have to be careful, so we do not create problems for Jason here.
The issue for me is that unless I know who is receiving a donation, there is a risk of fraud, and I do not think it is worth taking the risk. In any event, it is usually better to donate to a reputable organization. In honor of Mother’s Day, we should have a post soon from an organization (called Asylum Works) that helps people (including mothers) who are waiting for their asylum cases. That is one place to possibly donate. Take care, Jason
Hi Jason,
First, I would like to thank you for your suggestion. I learned that the separation from family members is one of the good reasons to expedite. My parents are living in a country which is in a dangerous situation now.
1) May I know whether separation from my parents can be used to expedite the case?
The granted asylum seeker can file green cards for spouses and children.
2)Can a granted asylum seeker file a green card for parents?
Thank you.
Nay
If you get asylum, you can only file for a spouse and unmarried child. You cannot file for a parent. For this reason, using the parent as a basis to expedite is usually not a very strong basis to expedite. It depends on the case, of course, and you can try, but it is typically not a reason they will accept (though again, you never know, and if you do not have any other reason, you can try). Take care, Jason
Thank you very much for providing so much good advice…I could only find support here it seems…So I have issue with my employer…
Now I am also having issue with prospective landlord…Recently I want to sublease from somebody. and the property manager denied me saying “you have to be legal here to do anything, and you will probably be denied everywhere”. And I said but there are many undocumented people around, how do they live. The manager says “not with us.”…I want to ask you guys, how do you find a place to stay when you don’t have family here to support you and you r by yourself ?
Asylum seeker,
Do you have EAD? How long has your case been pending?
Did you go against the company policies of your employer?
I hate to ask if you committed any crime, so I will ask, did you do something that amounts to breaking the law of the United States?
Inorder to rent a place directly from a landlord, or apartment, you have to show a steady source of income , and a credit history.
That is the reason I asked how long your case has been pending. Have you established a credit history?
United States is a system, and a good credit score is very important. I have met an undocumented person who runs his own business, and has a very good credit score.
When you go to rent a place, a valid ID(DL maybe) and your SSN should suffice, because that is all they need to run your credit report, and DL would be your form of identification.
The landlord should not need more.
Now, if you have not been here for long, I understand how difficult it must be, because you have not established a credit history, or steady source of income.
We can give you some unsolicited tips based on our experiences, but the tips would be tailored to your situation.
I think we need to know a little more.
I do have an EAD and but I couldn’t find a new job with it. Since I never hear back from any recruiter who learned that I am having a C8 work permit. I posted about this previously, but it seems there is no real way we could do anything about that except keep trying…But chances are not many employers like people with pending asylum work permit. So I have been unemployed for sometime. which affects my income, which affects my capability of finding housing…
In addition, may I ask that is it true that the landlord is not supposed to ask for more documents ? Cause everywhere I go, they want something like passport, visa or sth…I have never encountered a property that didn’t ask for this personal document…I also can’t drive due to a condition…so I don’t have driver license… 🙁 My situation is really bad…
Please check the top of the page for my response to you😊
Dear Friend,
The onyl thing that you need to tell your employer whjen you are applying for a new job is that you have a valid EAD. I am a Senior Engineer in silicon valley and I joined a new job 4 months ago. The only thing that I told my employer during recruitment was that I have a valid EAD, that’s it. No need to mention anything about asylum. When I filled out my I-9 form online, I had a zoom session with my boss where I was able to select Category C-8 pending Asylum. There should be no issues from H.R in this regard.
I have been living in the U.S since Jan 2016 and I have changed 3 rental apartment. If you do not drive then you can still apply for a state I.D. You can get a state I.D instead of a drivers license using your EAD. I have never heard that a rental property manager ask for VISA. Thats is not their concern. You need to only show your EAD+ State I.D/Driver’s License, Social security number (credit check)…..No need to show passport or visa (That is just not heard of)…….
I do not know much about this, but lots of my clients are able to get jobs and rent places to live. My guess is that there is something wrong with the potential landlord (and definitely something wrong with the employer). You might reach out to DOJ about the employer – and maybe they can give you a referral for the landlord situation. Take care, Jason
Is Virginia probably a better place to be asylum seekers than West Coast ? There are a lot of Trump supporters in my life I feel.
I don’t know that Trump supporters are the problem, but I guess they do not help. If you feel that your current location is not good, you can move – you can then move the asylum case to whatever office covers new new address. It is really better to not stay somewhere where you do not feel safe or are facing other problems. Take care, Jason
Thanks very much Jason. I am sorry for my cynicism. But I feel that over the years. The bad people become more clever and adaptive. Both the persecutors back in my country of origin and some people around here. I am concerned it will just keep getting worse.
That does seem to be the pattern lately, but we just have to keep up the fight. Take care, Jason
Hey Asylum Seeker,
This is incorrect , there is no recruiter or company that will deny you a job on the basis of C8 EAD infact you are more like to get a job on the basis of C8 compared to H1B visas.
Employers and recruiters give preference to C8 EAD type because it does not require sponsorship and unlike with this you can work for any employer anywhere in US.
I don’t know what kind of recruiter you are speaking to or how you are communicating about your status may be confusing.
I have never had any kind of issue in getting a job with C8 EAD infact I have been preferred over other visa types.
Why it feels that we are in different world ?
Just remain hopeful, confident and optimistic and believe in prayer. At the start of Asylum application process many Asylees are more vulnerable as they don’t have enough information. Many of us did not know answers to all of these questions or know what our rights are in the beginning as well. I don’t how long you have been waiting for your interview but it seems that it is not that long.
When I came to the U.S in 2016, I was alone with no friends or family and went through very severe period of mental depression, anxiety and trauma. Having sufficient financial resources is also an issue. It takes time to understand what are our rights as a pending Asylee.
I do not know where you are located but when you say west coast then I am assuming California, oregon or washington. I am in California and the San Francisco asylum office has the highest approval rate and the immigration judges also have higher approval rate then the rest of the U.S. Not sure about Oregon or Washington though.
Thanks asylee. I mean I can’t answer where I am for safety reasons. But shouldn’t the West Coast as a whole be progressive ? I mean they vote for Democrats by large margin…shouldn’t they love asylum seekers ? It will increase their diversity score…I mean it’s just the brand and their deeds are so different… It’s hard to understand, for example california, very progressive, very liberal right ? Then there are asian women hit by people. I don’t know what I should believe now…Is California really a blue State or Republican in disguise…
Friend,
I agree with you but there are people in every state in the U.S who are hateful and racist but there are more people who are kind and compassionate. California state has some of the most immigrant family laws and policies in the whole U.S. Some people might be hateful. Also due to covid a lot of people are just venting out in anguish and taking out their anger and frustration on immigrants but overall the western states have immigrant friendly laws and policies.
You need to consider what is best for your asylum case. No matter which state you move to you will always find hateful people. You should try to focus on the positive side. Asylees with pending interviews survived 4 years under Trump Government. If we can survive under trump we can do pretty much anything else.
Right now overall the Biden federal government has very friendly and compassionate policies towards Asylees. You should feel relaxed and happy now. Stop focusing on the negative. Don’t let hateful people dictate your everyday thoughts and life………If you have some negative people in your life then cut them out……Seek new job opportunities or find a living place which is suitable for you……..
Hi Jason,
May I ask, as a person with a non-interviewed asylum application (admitted on an tourist visa) who is stuck in limbo…Do I have to worry that I might be arrested by ICE ? Asking because, I don’t have a lawyer…If I am incarcerated, it will be pretty devastating for me since no one out there could help me. Due to covid and huge demand, I am not able to get legal resources, so I expect that continues to be the case in my situation.
I had some issue with my employer and the employer is threatening me to report to ICE. The data points tho usually are people unlawfully present here were taken by ICE. But does ICE goes to home to arrest people with pending asylum applications ?
If you entered the U.S on a tourist B1/B2 visa and applied for affirmative and your interview has not been scheduled yet then you are just like me and thousands of other people. As long as you are not convicted or charged with a crime, ICE will not bother you. ICE does not bother or come to your house. you do not have to afraid as long as you are not arrested or charged with a crime. If you are on affirmative asylum with interview pending then reporting you to ICE will not affect you. You have a valid EAD and the right to live and work in the US as long as your interview is pending. ICE never comes to homes or arrests Asylees with pending affirmative asylum cases unless there is a crime committed.
I came to U.S on tourist visa in Jan-2016, my interview is pending since then.
If you entered the U.S on a valid visa and have a valid EAD and affirmative asylum application pending then you have the right to live and work in the U.S without any fear, ICE can not do anything unless you break a law or commit a crime. If you have valid ead then your employer reporting you to ICE will not affect you.
I guess the question we should be asking is what the employer wants to report to ice- Something s/he did wrong, or report him/her for having a pending asylum case.
Whatever the case, I will take off my shoes and run from that employer, before s/he sets you up.
What I really want to know is that when Asylum is supposed to be confidential then why is there a need to disclose category C-8 to employers. When we are filling out form I-9 Our employer should not be able to determine whether we are on asylum or not. An EAD card should not disclose the category of immigration to the employer. It is not the employers right to find out on what category my EAD is. This should be freaking confidential……
American employers are most definitely going to exploit an immigrant if they get to know that he is on pending asylum or even mistreat or harbor negative bias against an asylee. The category of EAD or any information that reveals that a person having an EAD is on pending asylum should not be visible to any employer or to any other person.
I agree, and it is worse than that – if you win asylum and get a green card, the card lists a code that – if you know how to use Google – you can look up and know that the person got the GC based on asylum. Take care, Jason
I think the confidentiality clause needs to be re-worded to say. ” we have a special code for you asylum people, but we promise not to disclose the details of your matter”.😊
Yeh – or maybe “We will only disclose your status to people smart enough to use Google.” Ugh…
Thanks ! I completely agree with you !!! This I-9 process really hurt the privacy.
The employer reached out to ICE and sought my immigration information…
I already left the employer. But I don’t know what it will do.
Unless you commit a crime, it is very unlikely that someone in your position would be detained by ICE. You are allowed to be here, since you have a pending case. In terms of your employer, you may want to check out this Justice Department website: https://www.justice.gov/crt/immigrant-and-employee-rights-section. It is their job to protect non-citizens from these types of threats (and it is free, since it is the US government). Also, I did a post about ICE on October 7, 2020 – maybe that would be of interest. Take care, Jason
Thanks Jason. But unfortunately, it seems that you don’t have to commit a crime to be detained by ICE. as long as somebody claims you committed a crime, they can inflict harm to you by prompting ICE detention. And from what I heard that ICE regularly broke the law itself by cheating their way into people’s households, lying that they have obtained a warrant signed by a judge…
That is rare, but it is true that you are more vulnerable than many others, and that is a problem because it is easier to take advantage of you. I do think it is worth talking to DOJ about this, as the employer’s conduct is pretty bad. But you have to do what you are comfortable with, and if taking that approach is too stressful, maybe it is best to move on and forget about it. Take care, Jason
I agree with you…I think the world is filled with bad people…
Ok dear Jason . But any information on when Congress plans on voting on the US citizenship and immigration act of 2021? I mean are they ever gonna do a roll call vote with members of congress on it and start at least getting votes to determine its likelihood of passing ? I saw Biden introduced it earlier this year , but is Congress even going to consider to start the votes on it ? It’s sad they delay such important legislation
I have not heard about any movement on that bill. There has been some smaller (but still big) bills that passed the House and are now in the Senate. I don’t now whether we will see action on those or not. Generally, the Senate needs 60 Senators to get something passed, and there is a lot of resistance to anything related to immigration reform. Take care, Jason
Hi Jason,
Thanks for this article. In your experiences/with clients in the VA asylum office, what has been the shortest period of waiting to get a decision after interview this year? Have you had any clients who were interviewed since the beginning of year and received their decision quickly (say, in a matter of a few weeks)? Or heard of such stories so far this year, even if they weren’t your clients? Thanks in advance.
I have had maybe 6 or 10 interviews this year, and I have been trying to remember if I received even one decision yet. I do not think so. I am not sure what is the hold up, given that the overall number of interviews is lower, you would think they have extra resources to make decisions. Take care, Jason
Hi Jazon!What do you think about this move?
A bicameral group of Democratic lawmakers sent a letter to President Joe Biden on Tuesday requesting he prioritize legislation that would offer a pathway to citizenship to undocumented essential workers in the second part of his two-part infrastructure package set to address education and childcare.
I think that is more likely to get somewhere than the larger bill, the US Citizenship Act of 2021. Unfortunately, Congress is so polarized and Immigration is a very divisive issue (when it really shouldn’t be), and so I do not know whether we will see any movement on this. I do think it is important for immigrant and asylum seekers, and their supporters to contact Congress and let them know how you feel – I wrote about that last week with some advice how to do it. Take care, Jason
Hello,
Are there any conversations going on about changing the order of the applicants being called on the interview ? From LIFO to FIFO?
I have been involved with that a bit, and wrote about it last week (with links about how asylum seekers and others can get involved), but I have not heard any hints from the government about what they might do. Human Rights First just issued a report on the affirmative asylum backlog, and so at least it is getting some attention. They seen to endorse returning to FIFO, and so I think momentum in the advocacy community may be moving in the direction of FIFO. Whether anything will come of that, we shall see. Take care, Jason
Hi, Do you know why the Dallas Immigration Courts do not proceed for the non-detained hearings?
Many non-detained hearings are being postponed, but at least in most courts, at least some are moving forward. It may just be an issue with that court – maybe they have a lot of detained cases and do not have the capacity to hear non-detained cases, but I do not have any specific info for Dallas, sorry. Take care, Jason