Last week, Attorney General Merrick Garland issued two decisions reversing Trump-era cases that limited asylum eligibility. Here, we’ll discuss those cases and how the AG’s decision will affect asylum seekers.
The first case, Matter of A-B-, 28 I&N 307 (AG 2021), involves asylum for victims of domestic violence. There is a long history here, but the basic story is that victims of domestic violence have traditionally had a hard time qualifying for asylum. Through a series of cases between 2004 and 2014, the government created a (convoluted) path for victims of DV to receive asylum by classifying them as a “particular social group” (to qualify for asylum, an applicant must show that the feared harm is “on account of” race, religion, nationality, political opinion or particular social group). While this was an important step for DV asylum seekers, presenting a successful case was still very difficult, especially for people without a lawyer (probably the majority of applicants). The Trump Administration re-visited DV asylum starting in 2018, and essentially erased the gains made during the prior decade and a half. Now, the pendulum has swung once again, and the Biden Administration has reversed the Trump-era reversal. In other words, we are back to the not-so-great place where we were in 2017. This means that victims of domestic violence can once again obtain asylum, assuming they can satisfy the narrow definition created prior to President Trump.
The 2018 iteration of Matter of A-B- also addressed asylum eligibility for people who fear harm from non-state actors–
An applicant seeking to establish persecution based on violent conduct of a private actor must show more than the government’s difficulty controlling private behavior. The applicant must show that the government condoned the private actions or demonstrated an inability to protect the victims.
In other words, the 2018 version of A-B- attempted to make it more difficult to obtain asylum for all people fleeing harm from non-state actors; not just people fleeing domestic violence. There was debate among practitioners (and federal courts) about whether A-B- actually changed anything in this regard. While A-B- created more work for us, since we had to address it in our legal briefs, I don’t know that we actually lost any cases as a result of the more stringent standard. But I imagine that this was not universally true, and I expect that some applicants were denied asylum under Matter of A-B-.
In any event, A-B- has now bit the dust, and good riddance to it. The Attorney General has indicated that the Department of Justice and the Department of Homeland Security will issue regulations addressing who qualifies for asylum based on a “particular social group,” and so we will see how the Biden Administration tackles this problem, which has bedeviled rule makers for at least two or three decades.
The second case from last week is Matter of L-E-A-, 28 I&N Dec. 304 (AG 2021). This case vacates a prior version of L-E-A- from 2019, which again addressed the issue of “particular social group” (“PSG”) as a basis for asylum. Prior to the Trump Administration, “family” had become a well-recognized PSG, and we lawyers often relied upon that social group to obtain asylum for our clients. For example, in some Central American cases, gang members targeted not only their enemy, but also their enemy’s family members. Lawyers (including your humble blogger) have successfully argued that family members of the gang’s enemy constitute a PSG, and were thus eligible for asylum. Indeed, in one oft-cited case, the U.S. Court of Appeals for the Fourth Circuit referred to family as the “prototypical” PSG.
The 2019 version of L-E-A- stated that “family” could only qualify as a PSG if that family was “socially distinct in the eyes of its society.” In other words, we had to show that the family was not an ordinary family, but rather was somehow well-known in the community. This requirement largely ignored the legal framework established for PSGs, not to mention decades of circuit court precedent, and drew significant push-back from advocates and courts. Nevertheless, I recently lost a gang case where the Immigration Judge found that our PSG, “family members of murdered father/husband” was not a cognizable social group. In our case, the judge cited numerous bases to deny asylum (this particular IJ has a 93% asylum denial rate), and so I think we will not pursue reopening. However, in cases where asylum was denied exclusively (or mostly) based on the failure to present a cognizable family-based PSG, a motion to reopen might be worth a try (for cases in federal court, DOJ has directed its attorneys to affirmatively determine whether a remand is appropriate).
As in A-B-, the Attorney General has indicated that we can expect new regulations related to PSGs. Given the current direction of the Biden Administration, I am optimistic that these new regulations will create an easier path for asylum seekers. “Easier,” but not “easy.” Domestic violence and family-based cases do not fit neatly into the legal framework of asylum. What we really need is for Congress to re-visit the asylum law and make a decision about who should qualify for protection. That’s unlikely to happen any time soon, and for now, we must be content that two awful Trump-era cases have been vacated, and that we have returned to the somewhat less awful situation of the Obama era. We can also look forward to new regulations, which will hopefully improve the prospects for many asylum seekers.
Hi Jason,
Happy July 4th.
Thank you – Happy 4th to you too (belated), Jason
Hi Jason. Thank you for your help!
Could you please share some thoughts about – Who can file Form I-730.
I’m asylee, been granted on 27 July 2018. Since then filed Form I-485 and still waiting. Can I file Form I-730 for my wife who is in my origin country but we got married in 2019 in the third country after I was granted? So technically she was my girlfriend at the moment I got granted.
You can only file an I-730 for a spouse if you were married at the time asylum was granted, so that will not work. Unfortunately, you have to wait for the GC so that you can then file an I-130 for her. I wrote about expediting a case with USCIS on January 29, 2020 – maybe that would help with the I-485, but sadly, those are very slow. It is a real mess these days. Take care, Jason
hello Jason
I have recent traveld and used my RTD which will be expiring on April next year , in the meantime I want to travel again around march or may 2022to see my wife in 3 rd country, well I know is not possible to use this one so my question is .
1-is a safe to use the re-entry permit since I m LPR to travel and also I may go back again and while the process of my wife is on pending , around December 2023 again I will go back unless assuming she came before .
2-or is safe this way to use the RTD and keep renewing every time you will go again ? ( knowing the wait time is ridicules and sucks .)?
3- when I filling the form can I used black pen cause I had rough time typing ?
thanks
Jason
1 – If you are an LPR, you can use your passport and your LPR card to re-enter, but be aware that traveling on the passport may involve some risk, so you should be prepared to explain why you used a passport from a country that seeks to harm you (this is easier to understand if you fear harm from non-state actors). It is better to use the RTD, so you do not need to use your passport, but you can also re-enter with the re-entry permit and/or your LPR card (depending on how long you are outside the US). 2 – This is better, but you are correct that the wait time is a disaster and the RTD is only valid for 1 year, making it very tough to use. 3 – That should be fine, but write neatly! Take care, Jason
hello again Jason
thank so much for your respond. with you amazing respond i decided that i will use the RTD instead of Re-entre permit since you and also my previous lawyer recommended me to always use RTD until you will became US citizen since is safer and better .
so my RTD expire on 03/29/2022 which is i have time . the Problem I m planning to Travel on march 2022 . is ok to send now the Application so that by the time on December or January i will received , knowing that I is take time 7 month and Above. cause mine took 8 month to process.
thanks
You can send it now. The problem – and this is a general problem for the RTD – is that if your RTD is still valid and you apply for a new RTD, you are supposed to send the original RTD along with your application. This is idiotic, but I believe it is still the rule (double check the I-131 instructions). If you have no need to travel before March, and if you apply for a new RTD soon, you should get it in time. Of course, you never know, but I think most RTD application are processed in less than 7 or 8 months (check the processing time at http://www.uscis.gov). Take care, Jason
I admitted my own wrongdoing in an executive investigation I initiated. I have gone through 2 rounds of interrogation already…I just wanted to make sure that, telling the complete facts and truth when asked and at this time, is the go to approach right ? Just want to make sure I didn’t accidentally take sub-optimal steps…
I also wonder, in the United States…is it that the stronger side of a court cases generally win ? For example, I notices that when immigrants go to court with DHS, DHS generally wins and when employees sue employers, employers generally prevail…I project myself to be in the weaker side for the rest of my life…does this mean that … the odds will probably be against me ?…
Hard to say. I think it is often possible to win, but I plan on posting something about this later in the week. Stay tuned…
Can’t wait 🙂
Hey asylee
Why did you go through investigation????
I will talk about the details after the conclusion of this…
No please share it with the people so everyone can learn and don’t do the same mistakes??? Why they investigated ya from the start we don’t need the whole story but the summary!!! Did you lie to them on something then how they found out?
Happy 4th, everyone! Hope you take today to relax and breathe for a moment.
Thanks Jamie
Hi Jason,
Thank you for your kind efforts to help asylum community. My question is until today every time I enquire and asking expedite by email (3rd time) for my case decision they always answered same thing after 4-7 weeks, telling me that we still didn’t make any decision but this time as my 4th time when I inquired and asked for expedite I got different answer as follow and I want to know if you have any opinion about that and how it means to you:
If someone here has same experience, can share it here?
————————————-
Thank you for contacting the San Francisco Asylum Office. You will receive a notice informing you when the decision for your case is finalized. Thanks.
San Francisco Asylum Office
—————————————-
Thank you and
Happy 4th of July
It does not sound very encouraging. If the wait is too long, you can try making an inquiry with the USCIS Ombudsman (there is a link under Resources). You might also consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Jason is responding to questions on July 4!!!!!??? Jason, you are awesome! I appreciate your unwavering support. Happy 4th of July.
I view it as my patriotic duty! Plus, shortly after that, I left for vacation. Happy (belated) 4th, Jason
Hi Jason,
Thank you for your kind efforts to help asylum community. My question is until today every time I enquire and asking expedite by email (3rd time) for my case decision they always answered same thing after 4-7 weeks, telling me that we still didn’t make any decision but this time as my 4th time when I inquired and asked for expedite I got different answer as follow and I want to know if you have any opinion about that and how it means to you:
————————————-
Thank you for contacting the San Francisco Asylum Office. You will receive a notice informing you when the decision for your case is finalized. Thanks.
San Francisco Asylum Office
—————————————-
Thank you and
Happy 4th of July
Try contacting your congressman..it might help with the decision
That too – Thank you, Jason
It does not sound very encouraging. If the wait is too long, you can try making an inquiry with the USCIS Ombudsman (there is a link under Resources). You might also consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Jason,
I am in status and will be for a while. My employer is in the process of applying for green card. I also want to apply for asylum. I do not intend to tell neither my employer nor the company immigration lawyer who is working on my green card case about my asylum. Do you think filing for asylum will cause complications for my employment based petition?
What industry are you in ? I also want to remind you tho, even if you don’t tell your company immigration lawyer, since they are handling your immigration case…they will be able to do information request on you…
USCIS by a federal regulation is barred from disclosing anything about an asylum case to a third party without written permission from the applicant. They can’t even disclose that someone has applied for asylum or not. I would be astonished if someone could just file a FOIA request to get another persons asylum petition documents. Maybe Jason can advise more on this.
It would be a crime for some other person to fraudulently request a FOIA by pretending to be the person themself. But I suppose it is not impossible (but it is a crime). Take care, Jason
I admitted my own wrongdoing in an executive investigation I initiated. I have gone through 2 rounds of interrogation already…I just wanted to make sure that, telling the complete facts and truth when asked and at this time, is the go to approach right ? Just want to make sure I didn’t accidentally take sub-optimal steps…
I am not sure what you mean here. Maybe you need to talk to a lawyer for advice about this. Take care, Jason
You are correct, but by agreeing to have notice of entry of legal counsel means the consent is given…
I doubt it, but you should talk to a lawyer first. In general, if you have a superior path to a GC (like employment), applying for asylum may be a bad idea, since that would make it more difficult to return to your country or use your passport (at least until you are a US citizen). Also, if something goes very wrong with the asylum case (for example, they think the case is fake), it is not impossible that it would affect the employment case. That said, it may be a fine idea, but I would talk to a lawyer first to determine the pros and cons in your specific situation. Take care, Jason
I concur that. I wish it could be an option for me.
Jason, I don’t think you wanted to say “superior path”. Perhaps “easier” or “more convenient”. Even that would depend on what your needs are. Some people don’t really care about traveling back to their country. Also, it does look like you are allowed to use your country’s passport, if you are able to get it, once you’ve adjusted your status to that of LPR. If you aren’t afraid of the government, it also seems like you can return home once you’ve adjusted your status (especially for short trips/for important reasons). I don’t know for sure, but recent precedents and rulings, by appellate courts and the BIA, have made a clear distinction between asylee status and LPR. They have essentially severed the relationship (legal or otherwise) that asylee status has with LPR status, and they rightfully ruled that all LPR statuses are the same, irrespective of how the status is acquired (in other words, the asylum status, and everything that comes with it, is terminated once the asylee voluntarily gives up the asylee status).
For me, employment is. not an option, because. a lot of peeople would have. to be involved and. it will hurt my privacy and block my medical progress.
My main point was that the person should talk to a lawyer and evaluate the options, but it is true that we can’t necessarily know which path is “superior” (if any) because we do not know the case, and even if we did, asylum is so unpredictable that it could go quickly and end up saving money for the person. That said, I do not think an asylum seeker takes some risk if he goes to the home country, even if he is an LPR (and even as a US citizen, I think there is some very small risk). My concern is that the return trip will trigger an investigation into the original asylum case, and even if the BIA or other agency decides that an LPR is an LPR regardless of how status was obtained, that does not protect the person from such an investigation. I think in most cases, the risk is small, but any former asylee who goes home needs to be aware of this risk, so they can be prepared to mitigate it. Take care, Jason
How much does Supreme Court’s composition affect asylum seekers ? I recall that not a lot cases will be heard by them, but I am a little worried about their conservative tinge that has been recently shown in a slew of decisions…
Sometimes, a “conservative” outlook is still helpful to asylum seekers, and so things do not always break down along conservative/liberal lines, but generally, conservatives are more deferential to the executive branch on immigration issues, and when you have a hostile Administration, that can be a problem (as we experienced). Perhaps with a less hostile Administration, it will be helpful. Take care, Jason
Thanks Jason for weighing in 🙂 . This will help in my deliberation process and outlook for 2022 and 2024…And hopefully…there could be a new pro-asylum seeker Justice implemented…
Hi Jason, I hope you are doing well. I have a question regarding Asylum and TPS. If someone has been waiting for the asylum affirmative interview or decision for a few years (out of status because of USCIS delay) and meanwhile gets TPS granted, I heard that if the Asylum is not approved USCIS would not refer it to a court because the TPS is a legal status. What happens with the asylum case, will they close it? Can the applicant still ask the court to hear his case? What happens if in a few years more the TPS is not renewed, can the applicant apply for asylum again and overcome the 1-year bar?
Thank you,
I have heard about inconsistent results here. I have had court cases where (I think) the person was referred by the asylum office even though he had TPS (but I did not do the asylum office cases, and so I do not remember the details). I tend to think that TPS cases are referred, but I am not sure. If not, and if there is a final denial, the person would have to re-apply for asylum before TPS ends (in order to file while they still meet an exception to the 1-year bar, since TPS is considered an exception to that bar). Note that there is a different procedure to file a second asylum application. You will have to double check this, but I believe it must be filed directly with the local office (this may change, so you will have to check at the time you need to file). I suppose if you have a pending asylum case, you can decline to file for TPS or decide not to renew. In that case, you would be referred to court rather than receive a denial. Take care, Jason
Hello Jason and everybody,
Today is my DL and my work permit are expired and i have the letter from USCIS that extended my old one for 180 days but we i went to DMV and ask for renewal i was told the actual card wont be issued unless i bring it for them i just was given the temporarily paper one i am confused i can not do anything with. The paper just driving, i live in California, is someone knows what can i do?
2nd to this. Really ? in California ? I heard that even people without lawful presence can get a driver license, why couldn’t you ?
If you filed for the new EAD before the old EAD was expired, you should have a receipt that gives you a 180-day extension for the old EAD. If the DMV does not recognize that, you might ask for a supervisor. While I do not know the state DMV rules, I think all states should allow you to extend based on the receipt (and maybe other proof of a pending case). Take care, Jason
Thank you so much, yes i do have the receipt bit they did not accept it.
You may want to ask them (a supervisor) to look more thoroughly at the rules, but if they are willing to issue you a paper document temporarily, that should be good enough to drive legally, no? If so, you should be ok and hopefully receive the EAD soon. Take care, Jason
Thank you so much
Try to apply for AB60 driver license. It’s good for 5 years. You can re-apply for real ID when you receive your EAD
I ask them too but i was told they. Can not give me any type of DL just temporary paper till i het my mew card
This is so weird, maybe you can try going to another office!
I was in the same situation about a month ago. I only have extension letter (notice of receipt), and my DL was supposed to expire tomorrow (July 4th).
I went to DMV with intention to ask for AB60 license, they said I cannot get that one, but I can get Real ID DL till October (the date of expiration of my EAD extension). I had to agree to do that. After 2 weeks I received DL valid 5 (!) more years. And last time 2 years ago they didn’t want to give it to me, because I only have the letter and didn’t have the card yet (same DMV office).
This is weird, and I think it really depends on the officer. So i would really recommend you trying go to another office in the nearby city..
Good luck!
Forgot to mention – I also live in California. So basically exactly same situation like you. Again, try different office, or like Jason mentioned try asking for the supervisor, maybe the officer that worked with you doesn’t really know the rules
Good luck
Thank you so much my friend, lets see maybe i will be received the new one cause i was taken a photo😁
That temporary piece of paper that they gave you is a valid California driver’s license. It is just as valid as the plastic I.D card….What do you mean you can not do anything ………… Temporary driver’s licenses are always printed on paper…..I have lived with such temporary driver’s licenses in both Arizona and now in California for last 6 years……That piece of paper is a valid I.D…What is your problem here??????????? Just keep your old expired driver’s license with you which has your photo and keep the temporary paper license with you as well….you should be fine…..No issue here…..
My friend thats just for driving, but can not use for withdrawal from your account in the bank can not rent a car can not get to the plan and…..
https://video.foxnews.com/v/6261804303001#sp=show-clips
I can make a projection that Donald Trump is going to be the GOP nominee in 2024……he already semi-announced. I am concerned that this announcement will deter any progressive agenda of the Biden administration. A major blow to me and millions like me……next 4 – 8 years gonna be very hard for asylum seekers…
Hi @Asylum seeker,
It wouldn’t be surprising at all if he runs. If you studied the personage a little bit, you’d know that what he craves more than anything else is attention. For me, it’s never a question of is he going to run again or not if he had to choice, he will definitely run. Our focus as immigrants should be how can we do our part to deconstruct right wing ideologies that he seems to thrive on.
It’s too early to predict anything about 2024. I also don’t think that even if he becomes the Republican nominee, he will be the favorite. I’m more worried about Democrats holding both chambers and unable to quickly pass some sort of relief to undocumented immigrants. Heck, I’m very concerned about Democrats not even being able to make progress on processing times for immigration benefits.
Take care,
I just wish that our country can have more progressive politicians like AOC or Elizabeth Warren. I am not very satisfied with either Party’s establishment tho. I feel the way they calculate things can say a lot about their characters. Biden is an exception cause I feel he a good person. I like people who at least appear to be…crude ? So strangely…even tho Trump is everything anti-me…I find him kind of appealing an attractive…the raw language he uses, he says a lot of things the Party establishment won’t admit…The country’s demographic is changing in a way I am unhappy with, I wish United States remains United States…not United Nations…
@Asylum Seeker,
The “raw” language and anti-establishment personage is most likely what people find appealing about him. One could argue that this is what makes him dangerous because whatever negatively impactful policy he puts in place, or whatever disastrous governance he established, some people will not bestow the blame on him. I’d suggest you just look at his track records. Facts don’t lie. Not to be judgmental but the guy went through multiple bankruptcies, slept around with stormy, mismanaged Covid, incited a riot.
“The United States turning into the United Nations “ is exactly the kind of right wing ideology we should deconstruct. If you’re not a Native American, you’re ancestry comes from somewhere else. Immigrants enrich this country in so many ways. The idea that we are somehow “full” is completely non-sensical. Anyway, I could go on forever.
Take care,
I mean I guess…
I still feel uneasy tho. Because if everybody can come to the U.S. then what’s the point of seeking asylum ? Like those persecutors may very well come to the U.S. if U.S. becomes U.N., the sanctuary will be no longer and I will have to seek asylum somewhere else. I cannot spend the rest of my life running around the Earth to find a safe heaven for myself… Is there anyway we could correctly identify persecutors and would-be persecutors and restrict their mobility (like within their country)? For example, a person who used to be, you know, involved in some extreme militant organization, should be barred from entry into the U.S. Similarly, if somebody expressed homophobic or transphobic remark or act, I think we should ban that person from entry. All these people have a high tendency in harming civilians in the U.S.
@Asylum Seeker,
A country is only as strong as his institutions. The most prosperous counties tend to be the most democratic. I’m not an expert in Asylum or refugee statistics but I’m sure a big number of people are fleeing their countries because of political instability and dictatorship. In many case they are fleeing because of the government inability to protect them. The idea that people who move to a different country and turn it into the place they left is very wrong and not backed up by any fact but xenophobic rhetoric. There’s absolutely no evidence that immigrants commit more crimes than native born people. In fact, you could make the argument that the contrary is true.
Take care,
Indeed, there is evidence that immigrant commit fewer crimes than native born people. Probably because immigrants are vetted and can be deported if they commit crimes; people who are born here can commit all the crimes they want and not get deported…
I mean…
https://www.cnn.com/2017/05/11/health/female-genital-mutilation-fgm-explainer-trnd/index.html
I am pretty sure FGM is not a native-born idea……If they turn one piece of land into a particular disaster…I think they might as well turn a second piece of land into a disaster…only people who are genuine asylum seekers and have absolutely zero possibility in harming other people should be allowed to enter the U.S.
@Asypum Seeker,
FGM is against the law of the United States and is prosecuted to the fullest extend. The laws regarding FGM are applied without distinction of communities, national origins and religion. That’s a big difference.
Immigrants are the most vetted group of people in the country. Entire communities literally live in fear of deportation from breaking the law.
Again, there’s no evidence of immigrants being more violent than native born people.
I mean the rise seems to coincide with the increasing of immigration…Maybe there is no correlation there…I don’t believe so, I believe there IS a correlation there.
Also, I don’t believe immigrants are vetted well…
Check this out https://www.nytimes.com/2014/02/23/nyregion/asylum-fraud-in-chinatown-industry-of-lies.html
https://cis.org/Bensman/Rare-Reveal-Mass-Asylum-Fraud-Southern-Border
Also this
“After years of prior administrations ignoring known fraud by Indians, the Trump administration in April 2019 ordered new India-specific training for asylum officers responsible for “credible fear” decisions. In the six months prior to that training, credible fear was found in 89 percent of Indian nationals evaluated by asylum officers. After the new training, the rate dropped to 17 percent through February 2020.”
I feel I have a responsibility to make sure that the U.S. remains a sanctuary for me and people like me, and I believe an Asian First tendency is wrong, the asylum program should be America First
If you are going to quote sources, try getting reliable/independent ones. CIS.org is a well know conservative outlet and the writer is known for his support of immigration enforcement and the Trump administration harsh tense on immigration.
I never said there’s no Asylum fraud and people are no trying to game the system. There’s a real danger in making those stories the homogeneous story for all Asylees as if they are all fraudsters. What about focusing on the enormous contributions of immigrants and their communities to this country?? It’s a good think you see yourself as some kind of gardien angel to America’s immigration system. Why are not trying to make this place a more perfect union as promised by the constitution instead of playing the defamation game?
https://www.npr.org/2020/07/09/814957398/the-long-perilous-route-thousands-of-indians-have-risked-for-a-shot-at-life-in-u
The quote also appears in this npr article…And CIS is not THAT non-reputable I guess…
I feel that a lot of them are not REAL asylum seekers but economic migrants, who should not come to the U.S.
Asians should stay in Asia unless they have a meritable asylum cases. Same goes for other continents. Because…America First…simple as that…
Again, The United States is a land of immigrants. History has shown that America is less permissible to nationalistic ideologies . Well, until Trump. America first policies have been in place since the inception of this country no matter what party is in charge. A lot of nationalist sentiments stemmed from fact that the economy is changing the outsourcing, automation, and other industrial and technological changes we have no control over. What we can control is our tendency to see the “other” as a threat to our well being.
“Asia must stay in Asia”??? I couldn’t disagree more. And I’m not Asian.I clearly do not subscribe to your views and I feel like I’m not going to change your mind.
I therefore say to you my friend, goodbye!
Ever heard of yellow peril ?
You are very right Cody. I have totally lost faith in Biden Administration. What a hell has it been taking a year to produce a EAD Card?. That is ridiculously insane. Shame on the US immigration system when robots have taken over human beings. These people are not but heartless . People keep losing jobs , cannot drive because no one wants to issue a simple card
Hello dear Jason , I have asylum case pending with immigration court , my individual court date was next month but court rescheduled it on Dec 2022 , my lawyer already send two motions one in the year of 2018 and second in 2019 both denied and now I’m asking my lawyer to send the third motion since court date rescheduled but he says two motion is already denied and doesn’t want to send the third one so I have talked with another lawyer he says will send motion and will charge me a fee my question is since I already have a lawyer can the new lawyer send a motion to move forward my case ?
Thanks
Hello my friend, can i ask you is this first time your individual hearing is postponed?
Yes it is the first time , do you also have court date?
Yes i had on last December but got postponed for next February 2022, i am scared if it get postponed again.
The new lawyer can do that if that lawyer enters his appearance. That may make him responsible for the trial. Also, if your old lawyer gets surprised by the motion or a new court date, that may be a problem if you want that lawyer do represent you at the final hearing. Make sure the old lawyer knows what is going on. Take care, Jason
Thanks Mr Jason and yes I have already talked with my old lawyer he is fully aware my only concern is the new lawyer says he will send only a motion to move forward my case and he will not be responsible for the trial and the final hearing will be done by my old lawyer that is why I’m very confused here?
Thanks
That sounds fine – as long as the two lawyers are on the same page. It does sound more expensive to use two lawyers, but if everyone accepts this plan, there is no reason why you cannot do it. Take care, Jason
Hi Jason,
Does USCIS accept credit card payment got form I-131 ( RTD)? I want to submit my application and I would like pay with a credit card.
Thanks
I think so – if not directly, I think you can use form G-1450. Check the I-131 instructions to be certain, but I am pretty sure you can. Take care, Jason
Hi Jason,
Are you doing Mandamus lawsuits?
ALLEN, very good for you! Nice step
My law partner will once in a while, but I have not done one, as I am too busy with “regular” work. Take care, Jason
After multiple attempts. I just couldn’t seem to find a job with a C8 EAD, I don’t know why… I was able to find job with other types of work permit. And I am running low on money…so I am curious…for survival and medical process reasons…is it possible for me to do something I am not proud of…to get some cash ? Many people like me resorted to doing this kind of work…cause if they don’t, they will end up on street, which is also a common phenomenon for people like me…I am wondering the legality of such thing ? I am aware that several places in some State, it is legal to do so. I am assuming I will be able to do it there and … not have legal consequences ?
I had trouble trying to find a job on my own. It doesn’t work for everyone, try going through a job agency. I had the C8 EAD and they didn’t care, they found me a job in one month. My company is going on a break for about a month then I will be laid off before I get severance. Gonna use the same job agency I applied through apply for a new job. There are tonnes of jobs out there right now.
Thanks ENRONN, I really appreciate that.
If you earn money illegally, that could affect your case, as you are required to have good moral character. Depending what you do, and if you are arrested, it could result in a denial, so be careful. Take care, Jason
I see. Yeah I probably wouldn’t risk doing that…in that case, I want to ask…I remember in one of other thread…another individual was asking whether asylum seekers qualify for food stamp and it seems like we do ? Is it… for real ? If I can subsist for a while on food stamp, it will REALLY help.
Asylum seekers are not eligible for food stamps..As an “asylum seeker “, you seem to know very little about the process.
please look down
I do not know whether you can qualify, but if you can get them, it would have no negative effect on an asylum case. Take care, Jason
Sounds good…I guess I will try…
May I know which state r u from?if we are same state I can help you. I had same problems but someone helped me so now it’s my turn to help.
Asylum Seeker, I am not sure why you are having issues finding jobs with an EAD (the code doesn’t matter as most times the employer doesn’t know if you are granted asylum/if you are seeking asylum when you present an EAD). All they care about is that you are authorized to work and you can do the job. I don’t know anyone/hear of anyone who can’t find jobs just because it’s a CO8 EAD. In practice this may happen; I don’t think it’s as widespread like you make it out to be. I feel like there is more to it than just the EAD itself. How does the potential employer know it’s a CO8 EAD? Did they call you for an interview and then after seeing the EAD decided that they won’t hire you? Are you trying to apply for jobs that you don’t have US experience in? What is the job market like where you are? Have you considered moving? What kinds of jobs are you applying for?
My name is very foreign and it’s only natural for people to correctly assume I need some type of work authorization to work. Technically, they are not supposed to ask on what basis the work permit is…But, too commonly, the prospective employer asks what type of work permit do I have…and then what can I say ? When I tell them I am on C8 ead, I never hear back.
I am actually surprised so many people don’t have issues. Like do employers not ask this kind of questions during initial screening ?
Employers are becoming increasingly savvy these days…I am in tech industry.
I am also concerned that if after hiring, if you present your EAD, because of the code, it will give away the fact that I am an asylum seeker. In addition, for me personally, because I will need to change my name and other metrics, I don’t want people to hold on to my pre-change document, it increases the risk of being outed…
Asylum seeker, it seems like you are just assuming that the reason is the EAD, but potentially it can be anything else. What I recommend you is when they ask for that you can say that you are authorized to work for any company in the US and you can prove it when the timing is right, that means in your first working day. If you get a job offer and they reject you because EAD, you can sue them for discrimination.
“Asylum Seeker” is not seeking employment because he fears he will be outed in the future if he presents his “CO8 EAD.” The whole world is out to get him including the United States that allows his persecutors to come in here.
I think his time will be better spent building the wall, selecting the immigrants that would not change America, closing the borders,investigating and deporting Asians.
Am I the only one that sees through this person’s use of reverse psychology to troll?
Please use correct pronouns ……
Apologies! Englishus my 15th language!
English is*
Is there a reason why certain countries’ asylum claims have a higher grant rate than other countries ? I am reviewing some asylum statistics and find great disparity…Like some high approval countries of origin don’t impress me as very violent countries, and in fact, several of them are known for producing asylum mill…And some central and south american countries, where more people are genuinely fleeing from hunger, poverty and violence, their asylum claims are overwhelmingly rejected…Like…does the immigration agency prefer certain group of immigrants to others ? Shouldn’t it be…American First ? then move on to other continents ? Recent asylum statistics make me feel like the immigration agency is implement an Asian First policy, since a lot of asylum claims from several asian countries have much higher grant rate.
Hi Jason,
I’m filling I-485 and there is a question: “have you ever worked in the united states without authorization?”.
I worked without authorization for around a year. Some googling showed that if it’s more than 180 days it can be a problem. Would you recommend sending some waiver like I-601A with I-485?
I am not very sure about the answer to this question 🙁 Sorry. Jason could answer you.
I AM very interested in…how are you able to find work without authorization ??????? Like…I feel like I am having a mirror problem to you…
If you are filing the I-485 based on asylum, it should not matter that you worked without permission. However, it does matter if you lie about that, and so generally it is best to say yes and provide an explanation. If USCIS needs a waiver, they will let you know (and then you would do a “refugee waiver”, which is very powerful and should protect you). Take care, Jason
No As an asian I find you are very racist . Middle eastern countries which is in asia are literally like war zone. people in north korea and even in china are really persecuted . kashmiris and muslims in india and lot of these asian countries had or have ongoing civil war. Why do you think only south american deserve more when asylum is internatonal law ? May be you dont know situation over there doesnt mean you can just assume the situation there.. if you think its safe there go and live in those countries. And asylum basis doesnt depend on the poverty or hunger. It’s first base is fleeing persecution. in anyway genuine people from all over the world should have equal right to asylum.
I probably made a numeric comparison error in terms of number of asylum seekers. But I do notice that asylum claims from asian countries tend to receive higher asylum grant rates than, say, northern triangle countries and Mexico. I guess it’s just a bit strange to me. I didn’t invent “America First”…I mean…
Thanks for teaching me so much knowledge about persecutions around the world. I am always happy to learn more.
So you said middle eastern is like war zone, that’s true, I welcome them. I am not sure about north korea tho, they don’t seem to like to share their information. I never heard of persecution in China actually…like aren’t they the No.2 country in the world ? I would like to believe that all asylum applications from the No.2 country is, by default, fraudulent, I mean who would believe a person could be persecuted by No.2 country on earth, what kind of persecution could that be ?
https://www.usnews.com/news/best-countries/power-rankings
In this ranking, India is ranked No.13, also a very good ranking, and I hear a lot of people actually say India is already a major superpower in the world…I would probably believe that majority of asylum application from there are also fraudulent…probably less than that of China but still…
I guess my point is, when I check the asylum grant rate. It really seems that a lot Asian countries’ asylum claim were granted more often than central and south American countries. Faced with this hard statistics, it’s really hard to believe that there is no effort in push demographic change behind this disparity. Like I couldn’t imagine if America will become an Asian country soon and abandon its founding tradition…If that’s the case…I am not sure if America will be America any more…
It depends on many factors, but one important factor is whether the harm suffered fits cleanly into the legal framework of asylum. Gang based harm and domestic violence claims (which are both common from Central America) do not easily fit into the framework, and so are harder to win (despite the fact that the actual harm faced by these asylum seekers is often very severe). Religious and political harm do fit into the framework, and so cases from countries where those occur are more likely to succeed. Take care, Jason
Yes !!! That’s like my long term doubt, thanks for weighing in. I guess I am curious about this since it goes against…my stereotypical impression of different countries…Gee, I wish U.S. asylum law could add a metric that designates severity as one of the factors in adjudicating asylum applications…
Asylum Seeker, Jason is correct! You clearly don’t know how asylum works. Your seem to be conflating economic wealth/power with asylum/refugee eligibility. While wealthier countries tend to have better human rights records, one seeing a need to seek asylum/refuge has nothing, really, to do with economic power but more so human rights violations (and very specific ones at that). The basis of the asylum claim must fit perfectly into the established asylum eligibility criteria.
I don’t think a metric should be used (perhaps you wanted to use a different word than “metric”). Asylum claims/requests, at least here in the U.S., are adjudicated on an individual basis. For instance, two people could come from the same country, almost have the same experience, but only one of the two people is granted asylum.
What we do need, however, is fairness and consistency in how eligibility for asylum is determined.
You seem*
Hi Jason,
I interviewed in chicago and I have been waiting for my decision for almost 4 years now! My husband is my derivative in the file, however he has maintained his lawful status and never applied for asylum EAD! We thought maybe it’s because of him( man from muslim country) that my case has never gotten clear in background check. Do you think it would make a difference if he withdraws from the case? Am I gonna get my decision sooner?
I doubt that is the reason, as we have not really seen cases held up due to derivatives (at least I do not remember any such cases). Certainly you should do an inquiry with the Asylum Office – you can find their email if you follow the link under Resources called Asylum Office Locator. You can also contact the USCIS Ombudsman (a link is also under Resources), which sometimes helps with delayed cases. If all else fails, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Jason, I know you have a lot of experience with these cases and you’d know when something is fishy, so to speak. However, we should never, not even when we have experience or expertise on our side, underestimate human behavior. No doubt, we can all agree that there is a preponderance of decency and conformity to what is right and legal- I always use words/phrases such as “legal” and “entitled by law”, for example, because many people tend to leave this part out in discussions- at the various USCIS offices. However, there are instances of improper, illegal and unethical practices at USCIS. I am almost certain that some of these officers are unable to separate their personal views or biases- homophobia, xenophobia, racism, misogyny, etc.- from the job. Then again, it could certainly be me: I tend to be very pessimistic and tend to overthink things. However, our suspicion or lack of trust in the system and these people are justified.
Hi Jamie,
It’s a fair and objective response. I guess the lack of better response is not because of individual underestimation but due to…there is no better out there. I think I made similar viewpoint in this blog before regarding whether personal inclination will affect the adjudicator’s decision. Although not an easy one, I feel like I get the sense that the answer will probably be … yes …
So as I say, the case will be denied if it is going to be denied and the case will be approved if it is going to be approved…like I am not even worried about that, I will just go undocumented if denied all benefits. There is not much you can do regarding personal bias for officers…I don’t have a shadow of a doubt that my case is a winning case. But there are some obstacles embedded within it and my situation has generated a large cohort of opposition, from the East to the West, across the globe: people who don’t agree with me, people who dislike me, people who fear I might bring suit against them. They wish they could derail my asylum application so that I could be repatriated and forever live in misery/agony. Some of them have been waging a large disinformation campaign to try to influence the decision making. My country of origin, in a daily basis, attacks U.S. and its allies and never in my living memory, has apologized for their persecution or inaction to people like me. And it seems very difficult for them to admit their wrongs whenever they get pointed out some human rights abuse practices. Some individuals here in the U.S., out of jealousy, fear, hatred…etc. have been doing all sorts of things behind my back to tarnish me, claiming I am a fraudster and I don’t deserve asylum. It’s funny they think I don’t know what they are doing or what they are trying to do.
I think your default pessimistic approach is the go to approach if you want to protect yourself. Most people in this world are bad and evil, otherwise, there should be no asylum seekers…Get used to it. A selected few are good, you gotta embrace them once you can make a determination that they are not bad or evil.
Maybe the way the comments are listed makes this more difficult, but I not sure what you are referring to. Is this about the wife who thinks her dependent husband is maybe causing a delay? I have a feeling it is something else, but I can’t tell. Take care, Jason
Oh I was trying to respond to @jamie’s personal bias part of his comment in response to your earlier comment. 🙂 . Personally tho, although I believe that, asylum adjudicators SHOULD act in a way that is independent of his/her personal belief, I don’t believe they are able to achieve this…high bar…
that’s why I am still debating, for my own interview, whether I should have the lawyer present, cause what @jamie said about “improper, illegal and unethical” of USCIS officers may actually happen. In my case tho, I guess I am not so much worried about “improper, illegal and unethical” of USCIS officers, the U.S. government helped me before… but I guess I am worried about other…civilians’ malicious actions that may affect my application …anyway, all this will be in my deliberation 🙂
Hi Jason,
Thank you for this blog!! I have a question me and my husband applied for asylum in 2015 ( each separate case) I received my receipt in 2015 my husband never received his, I interviewed in 2017 and they the office asked me to sign that I won’t get my decision until my husband is interviewed ( I didn’t know at that time that my husband didn’t receive his receipt). My question is is there anything we can do about this, our lawyer said there is nothing we can do? I won’t get my decision until my husband is interviewed and my husband didn’t even receive the receipt seems like we’ll never get a decision:(
Has anyone had a delayed receipt like that?
Thank you!
You can file a request to get your husband’s file, which should include the receipt. Follow the link under Resources called FOIA USCIS. Also, you can email the asylum office and inquire about your husband’s case – tell them you did not get the receipt and that see if they can at least provide the Alien number and receipt number. You can find their email if you follow the link under Resources called Asylum Office Locator. It seems irrelevant to your case that your husband should be interviewed, as he is not part of the case. If you win, you would have to file an I-730 for him, so he can get derivative asylum status, and he would be interviewed at that time. So I am not sure why they are tying your cases together. In general, it is better for a married couple to file one case, but it depends on the circumstances, and in any event, it seems unfair to hold your case up based on his interview. Take care, Jason
https://www.unhcr.org/refugee-statistics/
The asylum number keeps climbing…may I ask what’s happening ? Is the world becoming a worse place like … seems forever ?
And may I ask…why I seldom hear countries of origin apologize for their persecution or inaction towards asylum seekers ? Like, in my living memory, I didn’t recall a I hear some persecuting countries say “Oh, I am sorry for what I have done, or what I have not done, I will do a better job to address the issues so these people don’t have to seek asylum”. Like is it that hard to admit their wrongs and owe up to it ? do they have any kind of remorse ?
The numbers have been increasing for years, and I expect they will keep going up. Climate change and overpopulation are going to get worse, create more conflict, and create more refugees. Maybe we will get a better handle on these issues and things will improve, but that does not seem so likely (sorry for the pessimism). Also, wouldn’t it be nice if countries addressed their failings. It is rare. Germany did it after WWII. South Africa had the truth and reconciliation committees and Rwanda had something similar after the genocide, but these efforts seemed fairly lacking. I am not sure that the US has apologized for slavery and genocide against Native Americans, and if we have, it seems we have not done much to correct those wrongs. This seems like an easy area where we can lead by example: Admit the wrong, make some effort to correct what was done, and try to ensure that it does not happen again. It doesn’t seem all that difficult. Take care, Jason
Thanks Jason for weighing in…it looks like people rarely learn…
Dear Jason
A quick question-
Im filling up my green card application based on asylum!
Two questions
1- what should i put in green card application “ class of admission “
2- since im filling up myself the application things which does not apply to me like interpreter or child information since im single – on each blank should i leave it blank or write N/a.
1 – We usually put the status that the client had when he last entered the US. 2 – It is probably safer to write n/a. Supposedly, USCIS will no longer reject forms where you fail to write n/a, but it is probably safest to just write that. Take care, Jason
Hi Jason, I submitted I730 application for my family in December 2018. Now family application is outside Normal processing time. I submitted e-request and they said application is under additional review. I am so disappointed please help me out in this situation. Your response should be highly appreciated and I value your business.
Unfortunately, this is a problem for many people. I think the next step is to inquire with the USCIS Ombudsman – a link is under Resources. They sometimes help with delayed cases. I also did a post about expediting with USCIS on January 29, 2020 – maybe that would give you some ideas as well. Good luck, Jason
Hi Jason,
For Asylum-Based Form I-485, USCIS has a website where to fill the form:
https://www.uscis.gov/forms/all-forms/direct-filing-addresses-for-form-i-485-application-to-register-permanent-residence-or-adjust-status
But Florida mentioned there two times, and it’s saying to send to USCIS Dallas Lockbox and to USCIS Vermont Service Center. Is there any difference where to file?
And second question. USCIS has processing times. If I file to USCIS Vermont Service Center, will I have to look for I-485 Processing times at that Vermont Service Center, or will I need to look at processing times in USCIS Office in my city close to me?
URL below-showing processing times for Humanitarian based applications which are not the only asylum, so I wonder if the Asylum i-485 application being transferred to the field office from the service center
https://www.uscis.gov/sites/default/files/document/reports/I485_performancedata_fy2021_qtr2.pdf
You have to look at the Direct Filing Addresses page – it depends on the category of case and on your location. USCIS moves cases around and so it seems to me a bit difficult to track the processing times, but I rely on the address where I sent it, or the address that sent me the receipt, if it is different. Take care, Jason
Hi Jason,
Hope you’re well. I will be traveling outside the US as an asylee to meet my parents. I am an Afghan national who sought asylum from TB not the govt. I don’t have my GC yet. The countries where I can go do not have accept RTD for travel purposes. Can I travel outside the US with my Afghan passport and return to the US with my RTD? Do you think the explanation that I sought asylum from the TB and, hence I am using my Afghan passport valid and satisfactory argument? I read everywhere that one cannot travel with the passport of country of origin. Thanks for your time.
If anyone else has a similar experience please share.
Many of my Afghan clients are in the same situation and have traveled with the passport. No one has yet had any problem, though I think some have been questioned about why they used the passport (but I am not even sure anyone has been questioned). If you are prepared to explain, as you suggest, you should be fine. Take care, Jason
Thank you for all you do Jason…
I’m an Asylee who filed for I-485 Asylum based since August 2019.
My question is, As an individual can I file for the writ of Mandamus on my case and for my family without the use of an Attorney?
Thanks Jason
You can. It would be nice if you could find an example mandamus to copy, but I do not know whether one might be available on the internet. I will say that your case is still within the “normal” processing time, and so the mandamus might be denied. Also, before you do a mandamus, you are supposed to “exhaust your remedies”, meaning try to correct the problem by contacting the agency. You can try the links under Resources USCIS Help USCIS Ombudsman – maybe one of those links will help you. Also, I did a post about expediting with USCIS on January 29, 2020. Even if all these things fail, you should keep evidence about your efforts, as that will help show that you exhausted remedies when you file the mandamus. Good luck, Jason
Salam dear AL , I’m also from Afghanistan , please send me your contact information to discuss and get help from each other?
Thanks
Salam dear AL , I’m also from Afghanistan , please send me your contact information to discuss and get help from each other?
Dear Jason, we used your website and community contribution to navigate the asylum process to getting the status and obtaining green cards.
We are looking for a list of countries that allow visa-free travel for the US refugee travel document holders (with a green card, if necessary). Still, despite deep googling, the information is out of date or related to the UK. Do you (or anyone reading this) know of a list of visa-free travel counties for US refugee document holders? I swear I’ve been looking high and low, and there’s nothing definitive.
Hey George thank you for putting up this question
I need to know the same thing..my rtd is pending since March at Nebraska service center… though originally I have filed at Texas service center
Hi Tas.
Please can you share some info.
After how many days you received notice with case nr?
Did you make the appointment for fingerprint and after how many days you did ?
I apply for RTD on march,I received notice from Nebraska afer 6 week,and afer thet,no more info,no appointment for fingerprints nothing.
Hey Dee
I had filed in January and received the receipt in March. Since then no update
I have never seen such a list, and so I do not know. I think the only option is to contact the embassy of the country you want to visit and ask (and even the embassy may not know – for this reason, it is best to travel with the RTD and your passport as a back up). Take care, Jason
Dear Jason,
reading the wait time for Asylum Based GC is so hectic- why does the USCIS don’t work to make it easy for asylum at least its so in human`
RTD its soo shame for a country like USA, people are willing to pay to get it but why they are issuing for one year and wait months to get it all these has to be fixed – I don’t know how, you can advocates- this Joe Biden seems to have logic he may hear it if you advocate.
I’m going to apply for My GC based on Asylum next month-
August 20.2021 my one year physical present will be complete in US, what document should I sent them as a proof of being in US for complete one year.
when can I start doing my medical check- and how soon I can receive my medical report- and how much it would cost me?
im in virginia, I want to apply for RTD along with my GC application. does it work should include both application in envelope. ? do you think the RTD and GC application will go in same address?
sorry left you lots of question….
appreciate a response.
We typically do not submit such evidence unless there is an issue about the one year physical residency, and so far, USCIS has never asked for such evidence. If you want, you can submit a letter from your employer, work records, school records, a complete copy of your passport and/or travel document, and letters from people who know you. I think unless you have been outside the US and there is a question about fulfilling the physical presence requirement, it is not needed to submit this evidence. In terms of the medical, these days we are not sending it and we are instead waiting for USCIS to request it. The reason is that USCIS takes forever to process these cases and there is some risk they will make you re-do the medical exam. This should not happen, and if you submit the exam within 60 days of taking it, it should remain valid for the duration of the case. However, I do not trust that this always happens. In terms of cost, different doctors charge different fees and it varies depending on if you need vaccinations. Without vaccinations, my clients usually pay between $250 and $400. For the RTD, that is included in the price of the I-485, so there is no extra cost. They can be mailed in the same envelope, but check the mailing addresses on each form to be sure where to send it. Take care, Jason
Dear Jason
thank you for your response!!
regarding this (For the RTD, that is included in the price of the I-485, so there is no extra cost. They can be mailed in the same envelope, but check the mailing addresses on each form to be sure where to send it. Take care, Jason)
I didn’t understand because green card and RTD application is two different application and I believe it will go in different address for processing? I live in Virginia… how can I put both application in same envelop ? you mean the agency where process green card do RTD as well?
I do not remember the address, but we have put both applications in one envelope. Maybe if you check the address for the I-131, it will tell you what to do when it is filed along with the I-485 (I think they both get mailed to the address for the I-485, but you have to double check as I am not sure). Take care, Jason
Hi Jason,
I am applying to an asylum based GC and was wondering what documents can be used to prove one year residency ?
Thanks
We typically do not submit such evidence unless there is an issue about the one year physical residency, and so far, USCIS has never asked for such evidence. If you want, you can submit a letter from your employer, work records, school records, a complete copy of your passport and/or travel document, and letters from people who know you. I think unless you have been outside the US and there is a question about fulfilling the physical presence requirement, it is not needed to submit this evidence. Take care, JAson
Dear Jason
I have submitted my green card application based on asylum 4 months ago but I am very afraid and worried that I will need to wait up to 3 years. Now I am married to a US citizen, do you think it is possible to submit a green card application based on marriage since it gets processed faster and withdraw the one based on asylum or will that be such a bad decision? thank you so much
I do not know anyone who has done this, and so I am not sure, but I do not see why there is a conflict between if you have two GC applications running at the same time. I would talk to a lawyer to double check (maybe there is a rule somewhere about this preventing it), but if it is ok, maybe you can try both to see which is faster. Whether this is really worth the trouble depends on your needs, though. If you need to get the GC or US citizenship more quickly (to file for family members, for example) then maybe it is worthwhile. If there is no rush, then it is probably not worth the money. Also, of course, there is no guarantee that the marriage case will be faster, but the way things are going these days, it probably will be. Take care, Jason
Hi Jason
I have an individual hearing in next 4 months.
By when I should submit all evidence and documents supporting my claim in EOIR?
I read 60 days in some place prior to Individual hearing(due to some change by previous administration) and some say 30 days before Individual hearing.
Can you please confirm which one is it?
The deadline should be 30 days, but some judges impose different deadlines, and so it depends on the case (the judge should have given you an order explaining this). If you are not sure, maybe call the court and ask to talk to the judge’s clerk. You can find their phone number if you follow the link under Resources called Immigration Court. Take care, Jason
How long are affirmatives waiting for an interview in Chicago?
They are on LIFO, meaning they try to interview newest cases first. I do not know about Chicago specifically, but most offices seem only to be interviewing LIFO cases or expedites. You can email them to inquire about the case – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hello,
I am Syrian with approved asylum in the US. I applied for a GC 7 months ago and waiting for the USCIS to process the i-485 application.
Now I have an opportunity to go to Mexico to seek a medical program (I am a Syrian MD). This program is accredited in the US. Therefore if I complete it, I ca practice medicine in the US.
My questions:
1- is it safe to use a travel document to go and study in Mexico although I don’t have a green card yet? In another word, what are the odds that I run into troubles if I do so? Can I return safely to the US without a GC (using a travel document based on an approved asylum only?).
2- How long does it take for a travel document to be issued?
Hi Mea- Jason will respond soon.
You can travel with a form I-571 (Refugee Travel Document/RTD) which entitles you to travel abroad and return (this travel also includes studying abroad). You must continue to maintain U.S. residence (as in you shouldn’t give the impression that you’ve abandoned the U.S. as your place of residence), and you must return to the U.S. BEFORE the RTD expires.
1 – You should be eligible for a Refugee Travel Document (form I-131, and you should be able to use the I-485 receipt in lieu of payment). As long as that document is valid, you can use it to re-enter the US, and this should not cause any problems for the GC application (as long as you attend all appointments). Unfortunately, the RTD is only valid for one year, and it is a pain to renew it (basically, you need to send in the current RTD if it is still valid, which leaves you without an RTD for months at a time – check the instructions on this point). 2 – It probably takes 4 to 7 months to get the RTD. You can try to expedite that, though I am not sure if USCIS would expedite a case for this reason. I wrote about expediting on January 29, 2020. Take care, Jason
Respected Jason
Warm greeting
I applied green card to my son he is 9 years based on asylum in 2019 and got his green card in March 2021 but last week USCIS sent a notice for his biometric for adjustment for permanent residence while he already got his green card. Should he need to go in biometric or not I m confused?
Thank in advance
It is probably an error, since he already has his GC and since people under 14 years old do not get biometrics. You can try to call USCIS (800-375-5283) and see if you can reach a human. That is very annoying, and so you may be better off just going to the appointment with him. My guess is that if you go, they will tell you it is an error, but it may be the safer approach if calling does not work. Take care, Jason
Does anyone know when USCIS is planning to fully reopen? When can we expect to see them interview people at full capacity.
I have not heard about this, and I think we will have to see how things go in the fall in terms of Covid. Take care, Jason
Hello Jason!
I hope you and your family are doing great!
My cousin back home is really sick he has cancer and his doctor suggested that he leaves the country (congo) for better treatment(chemotherapy) he will need someone to be with him…so I requested that my i-485 based on asylum be expedited because i will be out of the country for more than 6 months, when i sent my request the uscis didn’t receive my travel document application yet,
“ Recently, you contacted us requesting the expeditious processing of your Form I-485, Application to Register Permanent Residence or Adjust Status. Your Form I-485 will not be expedited for travel purposes. USCIS records indicate that you do not have a pending Form I-131, Application for Travel Document. If you would like to file a Form I-131, please follow the instructions found on our website at http://www.uscis.gov.” This is the email they sent me
1. I have sent my travel document application with a letter requesting for expeditious service as well, i included evidence as well, a letter from my cousin’s doctor, i should have waited to receive the receipt number before expediting or they will consider it since i have sent everything already
2. I requested expeditious over the phone For my i-485 and i have sent a separate letter requesting expeditious service as well and the evidence( the letter from the doctor), what should i do now request another one over the phone or wait until they receive the letter
Thank you for everything you do for us
1 – If you have sent the I-131, you would need the receipt number to track that. If you want, you can try calling USCIS (800-275-5283). If you can reach a human, you can try to schedule an in-person appointment to get emergency permission to travel. This is very difficult to do, but you can try. I wrote more about expediting on January 29, 2020. 2 – I think it will not hurt to call again, though it is a pain in the neck to do that. I am not sure whether it will help, but it may be better than waiting passively to see what USCIS does. At some point, though, you will need to give them time to process the application. My suspicion is that USCIS will not expedite the I-485 (as they indicated) and that your only option to travel quickly is the I-131 Refugee Travel Document (or maybe Advance Parole, if you applied for that). Take care, Jason
Hi Jason and all,
USCIS recently updated its monthly report of processing times on their website. Like many other posters awaiting to adjust their status at TSC have noted, there’s a rise. In fact processing time for GC based on Asylum went from reported 22 to 36 months , to now 26.5 to 44.5 months. As outrageous as it might look, I think the most recent changes are attributed to the fact that USCIS is using a different method to more accurately reflect processing times on their website. We all suspected that some Centers processed cases faster than others. The most recent update just confirms that TSC is on average taking 3 times longer to process GC adjustments based on Asylum.
Here are some damning facts about TSC: During the trimester January to March 2021, they approved 1,528 cases while Nebraska C.S. Approved 7,141. The pending cases at TSC currently stands at 45,000 pending cases while they are at 14,000 at Nebraska. Now, we may interpret these numbers differently but what I see is a deliberate creation of a backlog (Very similar to how Asylum backlogs were created to the point they had to switch to LIFO). We can no longer rely on the argument that TSC has too many cases that’s why it takes longer. TSC is statistically way behind when it comes to granting GC to Asylees compare to other centers that operate with the same guidelines. To me it’s obviously deliberate and the numbers are out there.
Here is the link: https://www.uscis.gov/sites/default/files/document/reports/I485_performancedata_fy2021_qtr2.pdf
Interesting – I had not seen that before. Thank you for sharing it. I am not convinced that this is evidence of the TSC doing a poor job (though I certainly believe they do a poor job). Maybe they just get the bulk of the asylum-based adjustments. Anyway, it is interesting and it will be helpful to see how this chart gets updated after the next quarter, which presumably ends on June 30. Take care, Jason
Cordy, I agree with you. It is VERY obvious that they are doing it deliberately. A lawsuit and audit are most definitely needed. I am not sure why more attorneys and organizations are not taking this up. I guess most of the focus is at the border, as usual, and on the asylum back log (people who haven’t been interviewed yet). However, what TSC is doing is not only morally egregious (to say the least) but also a violation of asylees’ rights.
Backlog***
Jason & Jamie,
TOTALLY. This is not just mishandling or clumsiness. The simple fact is, Nebraska approved more than 7000 cases while TSC approved only 1,500 cases in the last quarter. They might receive the bulk of Asylum based GC application but they processed cases 6X less than Nebraska. We are a similar pattern during the previous quarters. USCIS moves cases around presumably to alleviate workload. It seems like TSC did not take does steps. My understanding is that all USCIS centers must processed cases fairly and timely in accordance with guidelines. In other words, rules than apply to one center should apply to others. If TSC functions with its own internal memos, that’s a serious concern.
Thanks,
There are also quality problems at TSC. I remember that TSC would try very hard to reject asylum applications based on small errors, or “disappear” asylum applications that were incorrectly filed at their office rather than a different service center (and instead of returning them). I do wonder what is going on there. Take care, Jason
I think you are correct – the problem is that there are so many issues, the TSC mess is a lower priority. By far, the border is the #1 priority, and as far as I know, the people I am lobbying with are the only ones even discussing the affirmative asylum backlog. Take care, Jason
Hello Jason,
I live in Texas and based on the location I sent my I485 package to USCIS Dallas lockbox. However, I received a receipt notice from National Benefits Center. Is NBC is going to take care of issuing the GC to me and how can I check the processing time?
Anyone has an experience with NBC regarding to GC filing?
Thanks in advance for any clarification.
It is pretty common for cases to get moved around, and basically every office is better than TSC, so maybe this is a good sign. You can check processing times at http://www.uscis.gov, but if they do not list times for the NBC there, I think they may not be published anywhere. Take care, Jason
Hi dear Jason,
I have a quick question. I am about to apply for asylum based GC and don’t have my birth certificate available, not even a copy. Would that be a problem for my case if I submit it without it? Is a birth certificate mandatory for GC cases?
Thank you in advance 🙂
It should not be mandatory, but you may want to try to get one anyway. It is possible USCIS will request it and they often expect people to get documents that are not available (the US State Department has a “reciprocity table” that show what document they believe you can get). If you try to get the document, even if you fail, and if USCIS requests it, you can at least submit to them evidence about your efforts to get it, and that might make things go faster for you. Take care, Jason
Hello Jason and lovely asylum community
My rtd application and my brother in law’s ead renewal..I had sent both to the Texas centre but when I received the receipt it said that the case has been processed at Nebraska service centre
Is it common for everyone?
The same thing happened to me
I am not sure, but it is pretty common for cases to be moved around depending on workload, and so I would not worry about this. Take care, Jason
HI Jason.
Will receiving a food stamp affect my eligibility to become a citizen? Has anyone heard this please.
My asylum base GC is still pending 22 months now.
Thank you for all you do 🙏
That rule was ended by the Biden Administration and in any case, it never applied to people with asylum. So there is no effect. Take care, Jason
This is the thread. May I ask…do pending asylum seekers also qualify for food stamp ???
Hi Jason. I am Asylee and i am applying i485 GC for my Family members,who reached usa one year ago by i730 Applying .My Questions are:
1. I have applying for my GC 2 years ago but until waiting. So can i apply for my Family GC with out my receiving GC?
2. Family members will observe GC interviews or with out interview?
3. I will fill i485 forms for all my Family members now. But at the time of interview Lawer is necessary?
Thank You.
1 – Yes, no problem. 2 – USCIS says that all dependents are interviewed, so they should receive an interview. In my experience, all dependents are not interviewed, and so you will have to see what happens. 3 – It’s up to you. I would think the lawyer would be more useful in preparing the application. At the interview itself, the lawyer does not do so much. However, if you think there are issues with the case, it may be a good idea to have a lawyer – you can do a consultation with a lawyer about the specifics of the case(s) to see whether you want to hire a lawyer. Take care, Jason
Hello. Can i Mail 6 sets of i765 forms of my Family in same envelop to uscis? or have to mail separate each Application in different envelops by Mail?
As long as each application is complete, you should be able to mail all of them in the same envelope. Take care, Jason
Dear Jason,
First thanks for your help to the Asylum community.
After 3 years of waiting on my Asylum based I-485 application and request via the senator’s office, I got the below response.
” U.S. Citizenship and Immigration Services (USCIS) records show that the case for which your constituent is inquiring has been requested from the file room and has been assigned to an adjudication officer for review and processing. ”
Is this the standard computer generating response or my case may be moving forward?
Thanks,
Seta
I have not seen that specific response, so it sounds like a positive sign. If your case is at the TSC, it is still within the “normal” processing time, and so hopefully you will hear from USCIS soon. Take care, Jason
Thanks Jason,
My case is at TSC, which I deem the most terrible USCIS office due to many complaints I see. They updated the case processing dates back to 2017 which made my case within the processing time.
Seta
TSC is the worst office in my experience. Hopefully, as more resources come online and new leadership asserts authority, they will improve things over there. Take care, Jason
Hello Jason,
I have a quick question on processing time. I submitted my EAD application back in December 2020 and the receipt was dated December 15, 2020. The check cleared my account in February and the online tool says that by case was received in February. Do you think I should go by the receipt date or the online tool? As of today, Nebraska center processing time shown December 10, 2020 , So, I was just wondering whether I need to expect my EAD card very soon or I may wait longer?
Your response will be very much appreciated
Nothing at USCIS is predictable, but as far as I know, the processing time info is based on the receipt date, so hopefully, you will get the EAD soon. Take care, Jason
I want to ask a question regarding travel after potentially obtaining citizenship. I was reading some information about North Korean defectors. It appears that some North Korean defectors, even after obtaining South Korean citizenship, were abducted by North Korean agents (when they were traveling in other countries) and were sent bent to North Korea and murdered…So how safe it really is, even after obtaining asylum or after acquire U.S. citizenship ? I have a feeling that there will always be danger if I am out of U.S. soil.
https://en.wikipedia.org/wiki/Jin_Gyeong-suk
I have never heard of such a case on US soil (though there are some cases involving foreign governments harassing and harming their nationals in the US). This has nothing to do with asylum, though, and instead relates to the home government’s desire to harm their national for political reasons. Take care, Jason
thanks jason for weighing in. I heard of that as well…it’s frightening…I guess I’d better stay in the U.S. soil…
Hi Jason,
I applied for an asylum-based GC more than two years ago. From the updates on the USCIS website regarding processing times, it looks I have to wait for a long time before it gets processed. My employer has initiated sponsoring my GC. Application for Permanent Employment Certification is already approved. However, I need to pay more than $12K, for a family of four, to finish everything. What do you advise me? Shall I wait for the asylum-based GC to be processed or shall I pay the $12K and get it processed through my employer? The lawyers at my employer told me that they will apply for a premium processing.
Thank you,
TANA
It’s up to you, of course. Between asylum status and a GC, there is not much substantive difference – you can work and travel with both. If you have a GC, you can sponsor certain family members, but only your spouse and unmarried children, and it sounds like they may already be here. The main advantage of getting the GC quicker is that it gets you to US citizenship quicker. This allows you to sponsor certain relatives (parents, for example) that you cannot sponsor with a GC. Also, it may help with employment and travel. If you need those things more quickly, then it may be worth the money (assuming you really can get the GC faster this way). Otherwise, maybe you can use the money for something more fun, like a long vacation. Take care, Jason
Make Tina a charity project, and give the 12k to Tina 🤪.
I honestly think if you have waited for 2 years, you may not be waiting for much longer.
I have read about people that received this same asylum based GC in 4 months,so it is still possible that you receive it this year.
The lawyers may be looking out for themselves too.
TANA, There is not a guarantee that an Employment-based GC will get approved before your Asylum-base GC, you can see the processing time is 19 Months to 50 Months. I have been waiting for the employment-based GC for more than 2 years, do you really want to spend $12k plus the additional money that your employer will spend on it? One more thing, Premium processing is for the I-140, GC does not have premium processing.
I know a different lawyer who wouldn’t mind $12K…
I echo Tina on this. You waited 2 years you might as well wait a little bit more. Keep in mind that the reported processing time which is 26.6 to 44.5 months for GC adjustment of status based on Asylum means that 50% of the cases are processed in 27 months and 95% are processed in 44 months. 44 months is the worst case scenario. Many cases are processed before. In fact it means most cases are processed in 26 months.
Plus there seems to be some changes that are already happening to stream line processing times.
Take care,
Jason, et al, I think the question Tana should be asking is, having paid 12K, will the employment-based GCs get processed fastest that the asylum-based GCs? If the answer is a sure yes, and you don’t mind spending the12k, then go for it.
In any event, having waited over 2 years for the asylum-based GCs, it makes sense to continue waiting as there is a likelihood that the asylum-based GCs would be approved soon. As well, employment-based GCs are not necessarily processed fast. From the all available information, every category has a backlog right now.
To add to JASON Answer, the asylum-based GC will make you eligible to apply for citizenship after only 4 years from approval while the employment-based GC will make you eligible for citizenship after 5 years. SO to recap it is your call to pursue either way and since your employer will file expediated premium processing so they are both equal situations. Take care
Hi Jason and all,
Thank you for your inputs and insights. I will keep waiting.
Best,
TANA
Hi Jason,
I’m trying to expedite the travel parole through info pass, My father is very sick but I don’t have an evidence, is there still a chance to get it expedited or do I need the evidence? Is a doctors letter enough for an evidence?
Thanks a lot!
Evidence would definitely help – even if it is a letter from a family member who is with him. A letter from the doctor is probably better. You can also get medical records, photos of him in the hospital, letter from his employer that he is missing work, or anything else that might show his condition. But if you don’t have those things, you can just explain to USCIS and try to get them to expedite. Good luck, Jason
Hello,
I know that there are talks for undocumented essential workers to soon get lawful permanent residency through a reconciliation package if it passes.
Do asylum seekers count as undocumented if they are essential workers?
I think any such deal is unlikely, but we will see. I think in some proposed bills, asylum seekers did count as “undocumented” and would benefit, but I have not seen this specific proposal. Take care, Jason
They added it to the reconciliation bill. They are optimestic to pass it alongside with bipartisan infrastructure bill by end of July. Keep your hope strong guys. We all close to Green Card.
😅😅😉 yea we are close, let’s be positive lol
Being positive is the only thing you can do in this situation; instead of making fun of others.
Hi Jason,
Processing times are getting worse and worse each month, USCIS usually updates them monthly between 22th – 26th, they just updated them today. As an example, I-485 at Texas Service Center is taking between 25.5 to 50 months. I saw a similar tendency in other offices and other processes.
I think when it comes to Texas service Center, the processing time didn’t get worse but more accurate on the website. They use to report the same processing time for all Service Centers but are now trying a new method to more accurately reflect their processing time.
Yesterday update just confirms that TSC has the slowest processing time of all. I am curious as to why. 44 months to process 95% of the cases is crazy long.
Take care,
This may be correct, but either way, that is a ridiculous and unacceptable processing time. Take care, Jason
Woah – I just checked it as well. That is insane. Four+ years to process a GC! I believe the proposed budget has more money for USCIS, and so hopefully that will help, but also, they need to shift the focus from over-the-top fraud investigations to just processing cases. Take care, Jason
What’s over the top fraud investigations means? What kind of investigations they do?
They have always screened for fraud, but the Trump Administration deciding that everything was fraudulent and they shifted a lot of resources towards fraud investigation. I think that has contributed to the slow processing at USCIS. It also seems to be almost completely useless, as the prior system worked pretty well in terms of detecting such issues. Take care, Jason
Jason, I don’t know if it’s the fraud investigation that is causing TSC to take almost 5 years to process asylum-based GCs. I think this is more political, with a xenophobic tinge (specifically towards asylum seekers), that is creating this “backlog”. From the available information, asylum-based GC applicants- not that there isn’t understandably some backlog with all other applications- seem to be more affected by this manufactured backlog. For instance, for family-based petitions (marriage-based GCs), things, with some delays, seem to be business as usual. In addition, during the most difficult stages of the pandemic, and during, and not long after, the Trump presidency, TSC’s published processing times were nowhere near 5 years. Furthermore, the inconsistency between centers, as it concerns processing times, does not support the defense that fraud investigation is the cause for these outrageous processing times at TSC. If the fraud investigation is causing the delay, doesn’t it stand to reason that NSC, if they are using the same set of criteria, should be seeing, during and after the Trump presidency, a massive increase in processing times? Instead, what we saw, and continue to see, is NSC processing asylum-based GCs anywhere from 3-14 months during and after the Trump presidency (this is despite what was/is showing on the USCIS website in terms of processing time info). Also, TSC, even before the Trump presidency, has a well-documented history of delaying asylum-based GCs but processing other categories of GCs much faster (this, therefore, negates the “workload vs. available resources” argument vis-à-vis other centers) . One can logically infer, then, that TSC has no interest in processing asylum-based GCs, a benefit that INA gives to asylees, in a fair and ethical manner. For the foregoing reasons, I support an independent audit/investigation into TSC’s treatment of asylum-based I-485 applications. I also strongly support- though I already adjusted my status- a class-action lawsuit against TSC.
This is a fair point. I have heard from people in the government that resources were shifted towards more thorough investigations and that this accounts for some (not all) delay. I do think the TSC is particularly bad and has been for years – even before Trump. I strongly agree that an independent audit of that office would be appropriate. Take care, Jason
Thanks for your response, Jason. Hopefully the powers that be can start looking in this office.
Hi Jason,
It’s off-topic regarding EAD renewal. I have applied for a C08 renewal in Feb at Potomac and still no change.
I have been reading a lot of people expediting their cases with uscis with success. So i tried the stating financial loss on Jun 9 and got rejected with stating no reason. They didn’t even ask for evidence. I do have 180 day extension till Nov 6. I am going to be interviewing soon and it’s nice to have EAD card on hand rather than the uncertainty. In case i start working and the extension expires with no card, then i will have to stop working which will be a huge financial hassle. I do not want to come to this.
Should i keep putting expedite requests hoping some kind tier-2 officer would just ok it? or would you recommend wait for a couple more months and then have a go again? I am ready to go at USCIS with all channels if necessary.
Somehow i see people with H4 EAD, marriage based AOS, and student OPT’s have a shorter time frames and seems to be deemed more important compared to C08 category. Why is that? since we all pay the same fee for renewal?
Cases filed in late 2020 and early 2020 seem to be particularly slow. I doubt calling will make any difference, but you never know and there is no harm in trying (except for frustration). If it were me, I would probably wait a couple months since you have time, and if there is still nothing try again, but it is really up to you. Take care, Jason
Hi Jason,
Thank you for getting back to me. Agents at USCIS keep repeating online information that pending asylum EAD applications are currently at 11 months maximum. Worst case, that pushes me to Jan 2022 which i cannot afford to wait that long. I definitely need the card before it expires. I keep trying to expedite it.
The only harm in trying to expedite is that you have to spend time and frustration dealing with their bureaucracy. Either it will make things faster or it will have no effect, so aside from the frustration and wasted time, there is no harm in trying. Good luck, Jason
As long as that doesn’t harm my application, willing to try 🙂
I am sorry to hear that SEEKER…I also feel that there is some differential treatment regarding different types of EADs…and thanks for the data point of expedite…clearly…mere financial loss couldn’t become a reason for expedite…
I guess it’s unfortunate that it ended up at Potomac center. Texas center for C08 seems to have the fastest timelines. Previously they were processed at Texas and I got them in a month or so. How they assign cases to centers seems to be random. It’s just luck.
I noticed that as well ! My previous EAD was there and was very fast.
Hi Everyone! Can someone share their travel parole timeline that was processed in Texas please? I’m wondering if the status online on USCIS website and visa grader website is correct? And does anyone know if the clock starts from the submission date or from the receipt date?
Thanks,
I am telling clients that AP takes about 5 to 7 months. As far as I know, the time starts counting from the date the application was received (and this date is printed on the receipt). Take care, Jason
It almost certainly can…
Jason, thank you for updating us on this. This is very good news!
What concerns me, though, is the transiency and arbitrariness of such reversals/decisions. I guess my question is whether or not another Trump-like AG can reverse Garland’s reversal.
Does state factor cases have a higher probability of winning compared to similarly situated non state-actor cases ?
Most of my cases involve non-state persecutors. I think both types of cases are win-able. It just depends on the case. Take care, Jason
Hello everyone,
Applied for asylum based GC in January 2019 with I-693 (medical exam). Last month USCIS sent me RFE as my I-693 is no more valid and requested to submit a new I-693. I got the medical exam done again and mailed it out. My question is how long does it usually take to get the GC approved? Does anyone has passed through same process? Now my online status says they received my new I-693. Any response appreciated. Thank you
I think the listed processing time at http://www.uscis.gov is 1 to 3 years, but they seem to be actively working on your case. Hopefully you will get a response in the coming months, but it varies by case and is not very predictable. Take care, Jason
They most certainly do. For instance, in Jamaica, one of the countries you referenced, there is a law called the “buggery” or “anti-sodomy” law (more formally the Offences Against the Person Act). This law calls for a punishment of up to 10 years of imprisonment with hard labor for those convicted of the “abominable crime of buggery.” Though the U.S. government takes into account how frequently the law is used, the very fact that the law exists constitutes persecution. To put it another way, imagine a country having a law that proscribes certain characteristics that are immutable, or characteristics that the individual cannot or should not be required to change (an example is “race”). This country would rightfully be accused of human rights violation as the law infringes on some of its citizens’ rights. As well, though things are not as horrible like say 10 or 15 years ago, Jamaica is famous for a deeply entrenched homophobic attitude. Private citizens violently attack members of the LGBT community; this violence often goes unpunished. In this case, someone who identifies as LGBTQ+ from Jamaica does not only have to contend with the possibility of being arrested and charged but also the likelihood of being attacked and murdered for being LGBTQ private persecutors (other citizens).
You constantly out me jk lol. I never use too explicit references in my comment if you didn’t notice. I am sorry for people in Jamaica…This chart shows that my country of origin … appears to be less accepting of people of my kind than Jamaica…I feel very surprised to see that…
https://williamsinstitute.law.ucla.edu/wp-content/uploads/Global-Acceptance-Index-LGBT-Oct-2019.pdf
I have growing fear with the economic success of my country of origin…I already saw such economic influences have made western media less willing to criticize many of the issue it has, as if it’s all masked by the external. This is what makes me unhappy. I don’t understand why the U.S. media doesn’t attack my country of origin the way it attacks some other evil countries, like say North Korea. They may also not have too many issues criticizing Jamaica or Iran…but will probably be reluctant to criticize my country of origin. I am very worried that one day the relationship between my country of origin and the U.S. becomes better (It is currently very bad,, and I wish it to stay this way, if not become worse) and they sign some extradition agreement…Then it would be very frightening…what if the country of origin demands repatriation ? In that scenario, won’t all asylum seekers from that country be at risk ?
This decision could easily be reversed, and we will go back and forth like a ping pong game (where the players get killed). This is why I strongly believe we need to update the law (passed by Congress and signed by the President) and define who qualifies for asylum. Take care, Jason