This week I attended an asylum interview for my Afghan client. He was a high-ranking government worker and a member of a secular political party. His daughters were educated and one of his sons was a diplomat. Because my client worked for the government and educated his daughters, he and his family became targets for the Taliban. They kidnapped and brutally murdered my client’s young son. They kidnapped a second son and held him for over two years, until he was finally freed during a military operation. That son has not been the same mentally or physically since his return. A third son was severely injured in a Taliban suicide bombing. In addition, a Taliban soldier beat up my client’s wife and repeatedly threatened my client and members of his family. During our practice session, my client’s wife sat nearby weeping as her husband recited their family’s story. As of this writing, my client has not been able to contact his adult daughters in Afghanistan, and he fears they could be subject to forced Taliban marriages or worse.
The Taliban takeover of Afghanistan happened more quickly than anyone predicted, but perhaps this result was inevitable. Or perhaps not. As we hear from all the Monday-morning quarterbacks about what should have happened, I notice that the voices of one important group are largely missing–the Afghan people themselves. We heard little or nothing from them when we invaded Afghanistan in 2001, as we shifted strategies and generals over the intervening years and decades, and during the draw-down that has been on-going for I-don’t-know-how-long. Why is it that we seem never to hear from the Afghan people?
First, this phenomena–of invading a country we don’t understand, thinking we can “fix” it, and then leaving a worse mess than we started with–seems to be a pattern in U.S. history. The most obvious analogy is Vietnam. I started my career helping resettle refugees from our conflict in that country. This was the early 1990s and my clients included Vietnamese Christians, South Vietnamese soldiers, and Amerasians, who are the children of Vietnamese women and American servicemen. By the time I met them, most Amerasians were probably in their 20s. They had been treated horribly in Vietnam, and only managed to come to the U.S. after a successful campaign to help resettle them.
You would think that we would try to learn from our past mistakes, but it doesn’t seem to be that way. Go to any bookstore or library and look in the history section. You’ll find many books about the war in Vietnam, but my guess is you won’t find even one book written by a person from North Vietnam (and I doubt you will find one written by anyone from our ally South Vietnam either).
The same goes for our more recent conflicts. The book and movie Black Hawk Down is the story of American soldiers trapped in Somalia, fighting local militiamen. Nineteen Americans, one Malaysian, and one Pakistani were killed and over 75 people (mostly American) were wounded. On the other side, as many as 2,000 Somalis were injured and killed. The book Black Hawk Down is based on interviews with American soldiers who survived the fight. It’s an exciting story, but at a very fundamental level, it is not interesting. We know the motivation of the Americans–to survive the battle. What would have been much more interesting–and instructive–would be to interview the Somalis involved in the fight. Why did scores of them run to their deaths to fight the Americans? Why were they so opposed to our supposed efforts to help them?
Unless we are prepared to listen to the voices of “the other,” I fear we are doomed to repeat our foreign policy failures. The cost to us is billions of dollars and thousands of lives, not to mention national prestige. The cost to the nations that we claim to “help” is far worse: Hundreds of thousands dead in places like Afghanistan and Iraq, many more injured, property destroyed, lives disrupted, dreams shattered.
I wish our media had presented more Afghan voices in the months and years leading up to the present moment. I wish we bothered to gain a better understanding of how our presence affected the people of Afghanistan. In the end, I do not know whether it would have made much difference, but I can’t help but think that we are ill served by listening to American “experts” who get it wrong again and again and again, while ignoring people from the countries we purport to help.
Maybe if we tried to understand the people and issues of other countries, we could avoid conflicts and better manage those conflicts that we cannot avoid. A starting point is to listen to the voices of people from those countries. Listening requires that we as a nation learn to be a bit more humble. But despite our current humiliation in Afghanistan (and Vietnam and Iraq and Somalia), I fear that humility is a lesson we have yet to learn.
* * * * *
The situation in Afghanistan is still chaotic and we have little information about how the U.S. government will process pending SIV cases, immigrant visas, and follow-to join asylum cases (I-730 cases). The best source of information and potential assistance that I have seen is the International Refugee Assistance Project, Legal Resources for Afghans (see also the HIAS web page, which discusses ways to access this legal resource). I have also heard about some members of Congress who are collecting information to try to help Afghans who worked with the U.S. and who want to leave the country: Senator Tom Cotton and Representative Jason Crow are two names that have been mentioned. These members are not typically “pro-immigrant” and it is unclear whether they can do much to help, but perhaps it is worth reaching out to their offices to see what they can do. In addition, the American Immigration Lawyers Association has held a couple online briefings about the situation in Afghanistan as it pertains to immigration. Those are available here, but I believe they can only be accessed by AILA members (many immigration lawyers are members).
Finally, for those who want to help Afghan refugees, you can donate or volunteer with Lutheran Immigration and Refugee Service.
Dear Jason,
I have two I-94s: The first one was issued once I entered the US as a student and the second one was issued by USCIS after my asylum was granted. Which of the I-94 number do I need to use while completing form I-485?
Thanks for your help!
I would use the most recent number, unless they are asking for the I-94 when you last entered. Also, include copies of both I-94 documents when you file; that way, even if USCIS wants the one you do not list, they will have it. Take care, Jason
:p
Fellow seekers, do you do regular check ups annually ? Particularly the ones without a job ?
Hello Jason,
Is there any estimated waiting time for an asylee to receive each of the receipt and the biometrics notice after his/her I-485 application?
It usually takes about a month to get the receipt and maybe another month to get the biometrics. Sometimes, USCIS sends the biometric notice much later, and other times, biometrics are not needed. Take care, Jason
Hello Dear Jason
Recently my asylum case granted , my family also was in my case and they are back in my own country which application i have to file for my wife and kids and how long will take to get them here in USA?
Thanks
Congratulations on the approval! There is a link under Resources called I-730 Family Reunification Manuel that might be helpful. Typically it probably takes 1 to 2 years to complete the process (and you have to file the I-730 forms within 2 years of winning asylum). You can try to expedite, and the Manual might talk about that too. Take care, Jason
Jason,
It been 26 months since I filed the i730 petition, nothing happened. I really don’t know what to do. I am emotionally hurting, it’s inhuman to treat people like this. USA became a country of discomfort and harassment.
Thanks,
The delays with I-730 forms are very bad. I did a post about expediting with USCIS in January 2020. Also, the I-730 Family Reunification Manual also has some ideas about this (there is a link under Resources). Take care, Jason
Hey Jason, I m following you from about 8 years now. The amount of discussions made at this forum made my life easier. Well Jason I was in removal proceedings back in 2019. I had NTA. We filled motion to terminate the judge granted it. Now I filled I 495 based on U visa dependent. The question on I 485 about have to ever been in removal proceedings I checked yes. I got RFE started that they need explanation on that. I dont know how to answer it. Plz can you guide me ?
I think you need to explain why you were in court and why the case was dismissed. Also, you should provide the court’s order terminating or dismissing your court case. Take care, Jason
So I was in court due to my asylum case. The asylum case had inconsistencies and was referred. I m worried that this will be a negative aspect on my I 485 application. Or if this can be used against me. Other than that I have clean background and respectably doing my job as RN in a hospital.
It potentially could have an impact on your I-485, so you should be prepared to explain inconsistencies, and if you have evidence supporting your asylum case (and explaining the inconsistencies), you should get that. Take care, Jason
Hi Jason,
When an asylee applies for adjustment of status, will USCIS specifically require providing birth certificate? If yes, what if it is not available? On the website it indicates (if available) for birth certificate as a document to be submitted for I-485 application.
I did not have to, but I believe I had a digital copy of mine stored in my cloud storage from years back and had submitted it when I filed for asylum. But I don’t remember being asked to provide one for AOS.
They may ask for it, and sometimes, USCIS thinks it is available when it is not available. If that happens, you will need to explain why it is not available, and maybe provide some evidence about your efforts to get it. Take care, Jason
My employer has applied for I140 it was approved. We are asylum pending and TPS holders but renewal is still pending. The lawyer said we should apply for Aos but will not do anything yet to the other cases. What do you think? Thanks in advance
I do not know whether you are eligible to adjust status – I wrote something about that on August 28, 2018. Assuming you are eligible, I would agree that it is best to get the GC before withdrawing the asylum case or TPS. Take care, Jason
Hey status,
glad you are approved.
May I ask how did your employer know about your asylum pending ?
Did they ask you ? and if they didn’t, why did you volunteer the information ?
Because I feel that asylum information should be kept confidential, the only people who should know are only the U.S. government & YOUR lawyer (instead of your employer’s lawyer). What makes you feel comfortable to share such information to others ?
HI JASON
as an asylee, I have traveled recently with RTD with no issues. However, I heard that asylees with GC are using reentry permit instead because it’s valid for 2 years. when I get my CG and apply for a re-entry permit, should I use it instead of RTD? or have both with me? because I don’t have a national passport
thanks
@Traveler,
Did you travel back to your country of persecution?
@nadim
Are you joking? Who on the earth will travel back to COP with RTD?? They would never let him in ! That’s not smart question at all frkm you
Asylum Granted, stop misinforming people. There are circumstances in which an asylee has to use the RTD to travel to the COP. I have seen this done several times. If you have a good reason why you used the RTD and how you were able to safely return, you should be fine.
@Nadim
I’d never do that, even after becoming a citizen one day
The RTD is designed to be used instead of a passport, but the re-entry permit is not designed for that purpose. Some countries may accept the re-entry permit as if it were a passport, but I do not know about that. For this reason, I recommend the RTD to asylees, even if they already have a Green Card. It is unfortunate that the RTD is only valid for one year, and hopefully that will be expanded. Take care, Jason
Hi Jason,
If I want to apply for RTD as an asylee, and to avoid the RTD application fee, do I need to apply for it as the same time applying for GC or it could be any time while my GC application is pending? Thanks.
How to save Biden’s Presidency … I am very concerned a comeback of Trump and Bill Barr…
Hi Jason,
If I want to apply for RTD as an asylee, and to avoid the RTD application fee, do I need to apply for it as the same time applying for GC or it could be any time while my GC application is pending? Thanks.
@bassam
Don’t be cheap man!!! What the hell you trying to avoid $150-$200 fees so you wanna wait! Come on man forreal that’s crazy!
@ASYLUM GRANTED,
I didn’t understand what do you mean. I am going to issue 3 RTDs (For 3 of us) that will cost about $1800. Isn’t that too much?
If I remember, an RTD is $220. Take care, Jason
If you file at the same time as the I-485, or if you have the I-485 receipt, you can avoid the fee. If you file together, you can just note that the RTD fee is included as part of the I-485. If you file the I-131 at a later date, include the I-485 receipt in lieu of payment and maybe explain what you are doing. This should work, but with USCIS, you never know. Alternatively, you can ask for a fee waiver, form I-912, available at http://www.uscis.gov, if you are eligible and if the form I-131 is covered by the fee waiver (I do not remember). Take care, Jason
If you file at the same time as the I-485, or if you have the I-485 receipt, you can avoid the fee. If you file together, you can just note that the RTD fee is included as part of the I-485. If you file the I-131 at a later date, include the I-485 receipt in lieu of payment and maybe explain what you are doing. This should work, but with USCIS, you never know. Alternatively, you can ask for a fee waiver, form I-912, available at http://www.uscis.gov, if you are eligible and if the form I-131 is covered by the fee waiver (I do not remember). Take care, Jason
@asylum seeker
Biden has zero chance neither the democrats they messed it up only in 8 months!
Inflation
Afghanistan disaster
Raising gas prices
Broken promises to immigrants
Etc etc
Trump or a republic candidate is gonna win 2024 without a shadow of doubt so if you guys can finish your immigration documents before trump back to office you will be so lucky cause I’m sure trump will put the immigration in his mind again and he wanted to block neutralization to the people whoever went bsck to COP so y’all please take care before the regret becomes really tough
I think you are right. Honestly, I don’t oppose Trump that much…I said that I like his raw language.
But there are aspects of him that is deeply concerning.
Is there anything that an asylum seeker could do to help Joe Biden re-elected ?
Maybe Trump, but not Bill Barr – Trump hates him now. Take care, Jason
Oh great 🙂 . The work of protecting Democratic majority will have to start now I guess.
Mr.Jason
my asylum-based green card receipt starts with MSC, is this the national benefits center? do you have an idea about processing times with this office? I couldn’t find it anywhere…
I would check the processing time based on the office that sent the receipt (the return address should be on the letter). Whether that is accurate, I do not know, but it is probably the best estimate you can find. Take care, Jason
Hi friends, I am curious what kind of ID or ID combinations do asylum seekers or undocumented immigrants (those without legal status or lawful presence) usually use ?
I know SSN is a must for various purpose, so that’s in.
But what about other IDs ? which ones do you think is the safest to get around.
Is it State ID, Student ID, EAD, driver license, or even…passport ?
Because all these IDs have personal identifiable information, and some other private information like your appearance, eye color/hair color/height, other metrics. I consider it very offensive. Some people might feel okay about these to be exposed, I don’t.
Could there be IDs, that only shows my name and birth date and can be used for like work, bank, air travel ? Some people mentioned world passport before, could that be a viable option ?
I guess I will consider using fake IDs for purpose of protection. It will be helpful that I can be shared with some ID usage experience 🙂
Some people get asked about documents for work. some had a hard time in the SSA. some have issues with the bank , like getting loans…
I guess what I am trying to do is, compile a list of thorny scenarios related to ID usage, and then pair it with the optimal solutions. so that asylum seekers no longer will struggle with ID issues.
Respected Jason,
My asylum interview was a month ago, last week I have received a referral notice that My asylum application has been referred to an immigration judge and received a Notice to appear. The NTA is next month, but my lawyer said he has to reschedule my NTA date because he has another important appointment on that date. Is it possible to reschedule an NTA date? If my lawyer is able to reschedule my NTA date, is there any harm or any bad impact that will occur on my case and EAD process? Please help me with an advice. I appreciate your help. By the way, I, ve start to read your book “THE ASYLUMIST” such a great book. Thank you very much.
Maybe the lawyer means that he is rescheduling the first court date, which is usually listed on the NTA. You cannot change the NTA date itself, as that is just the date the document was created. If the case is a Master Calendar Hearing, it may be possible to do that by submitting written pleadings. In other words, you send the judge a letter explaining what you would do at the MCH, and the judge will accept that and give you an Individual Hearing date. Not all judges allow this, and sometimes, you have to submit it a few weeks before the MCH, but often it is possible. It seems to me that this is easier than trying to reschedule the MCH – we have never done that. If the lawyer cannot attend, maybe you can attend yourself and ask for more time to find a lawyer or just submit the “pleadings” yourself that day. The problem is that if you do not yet have an EAD, and you delay the case (by rescheduling the MCH or going in person and asking the judge for more time), it will stop the “asylum clock” which will delay your ability to get an EAD. This is best avoided, as it can be very difficult to re-start the clock once it stops. I wrote more about that on July 19, 2018. Also, thank you for the kind words about the book. Take care, Jason
Hello Jason,
Thank you for your prompt response. Now I understood the fact. I know you are very busy now with events in Afghanistan. In this situation, I would like to consult with you on my case. Please let me know. Please help me go in well prepared. Thank you very much.
Fais I also had interview two months back .. If it is a master calender hearing you can go alone and explain why you didnt bring lawyer or maybe try asylum and refugees rights organizations .. they offer you assistance and help you need.. but in my opinion better not to reschedule .. I did the same and they pushed mine to next year . anyway whatever you decide best of luck
You can always email me, but I cannot give a quick appointment, and you really would be better off talking to your existing attorney and getting some clarity about what he or she is doing. If the lawyer is not doing the job, then you should find a new lawyer. Take care, Jason
Hello Jason,
I believe my lawyer is not doing the right job at all. I’m trying to find an experienced lawyer. Do you have any associates in New York City? If You could recommend for me? It would be a great help for me at this point in time. At the same time, I will email you for an appointment to consult on my case. Thanks again for your kind help.
I cannot recommend lawyers on this blog, and I actually do not have anyone to refer you to in NYC anyway, sorry. I did a post on October 29, 2012 where I talk about how to find a decent lawyer – maybe that would help. Take care, Jason
Jason,
Have you read the recent proposed rule where the Biden administration wants to take the asylum cases in the southern border from IJs and give it to AOs. The rule said they will only do this once they have hired enough officers to handle both affirmative asylum workload and the soon to come border workload. If you have been in the affirmative backlog for 7 years like many in here, you don’t know whether to laugh or cry. From what I here, the Arlington office can barely interview 50% of the LIFO cases as it is. Talk about a pie in the sky.
We shall see. I did see that the government has advertised to hire an additional 141 officers. However, officers are always leaving, so I do not know if that is 141 officers to replace people who quit, or 141 officers on top of the total number (700 or 800, I think) that they have now. In any case, it is a significant number of people and may help with the backlog. Maybe. Take care, Jason
Hi Jason, my family is in danger in Afghanistan. I would like to submit a application for humanitarian parole (I-131). Do I need to submit affidavit of support(i-134)? What else document I need to submit for consideration?
Thanks
I think you should talk to a lawyer who does such cases (I do not do those cases). USCIS seems to be trying to help Afghan people, and so it may be worth a try, but the evidence needed will be specific to the case. Also, typically to get humanitarian parole, the person needs to show that they tried to come to the US by applying for a visa before they file the I-131. I am not sure whether USCIS still wants a person to try this, since there is no “normal” procedure. Take care, Jason
I was reading a lot of your old articles and found something weird!!! Tons of comments (more than 60-70 comments) asking you if they can withdraw their asylum case and go back to their countries cause what? Haha their countries got better now and safe after only 1-2 years!! So now you all know why LIFO is important?? Let’s be honest 60% of the asylum cases are fraud and built on lies just to stay in the USA so hopefully LIFO won’t change so they can deport that fraud asylum seekers real quick! Praying to god the people who really need asylum get it and the fake ones get deported real quick cause they negatively effect the people whom really need asylum
I agree with you. I particularly don’t like persecutors posing as asylum seekers and follow asylum seekers into this country. In this blog, I noticed that many asylum seekers display a lot of hostility towards others. I have some questions regarding the authenticity of such asylum seekers.
Because, usually, if a person went through trauma, that individual is probably gonna be very fearful and timid, suffering PTSD and at least non-aggressive. But quite some here display somewhat aggressive, pugnacious personality…Usually, only people who were uninhibited can form this kind of trait…like not hindered when they display such tendency…so if a person is able to display a very aggressive, pugnacious front, and not fearful of doing that…how could this person…suffer past persecution and have a well-founded fear ? A past persecution or well-founded fear is supposed to dramatically change personality. But I feel like a lot of people are not afraid of anything at all…
And you are also very right about the country being safe…No country changes for better…So a withdrawal probably indicates … an inauthentic asylum case…
I also don’t want LIFO to change…A better solution should be a temporarily pause of accepting new applications. Resolve the backlog, and then open the new batch…Currently if new applications flood in, the backlog will never resolve. Since there are many countries in the world, an asylum seeker who wants to seek asylum could always wait in that 3rd country during the pause. And then, once the pause is lifted, come to the U.S. to seek asylum. The pause should be implemented annually so that the immigration adjudicators won’t be overwhelmed…because…clearly…at least it seems to me that…they cannot quite handle the current case load.
Honestly I’m feeling bad for these real asylum seekers who pay the price of dumb fake asylum seekers! How come you feel scared tl go back but wanna withdraw your case or just knew a US citizen and wanna withdraw your case and ask can i go my country after getting gc through marriage!!! If i were a lawyer and see people like that i would threw them with a trash can in their faces! Lifo need to stay cause it stress the fame asylum seekers and we have to admit it there are fraud asylum seekers that have nothing to be scared from ! FIFO would give more time to these fake asylum seekers and that’s what they want! May god help and protect the real asylum seekers and give them a grant of asylum! God knows how i was happy when i got my asylum approval cause going back to my country would end my life and the officer knew it and saw every physical evidence on my body from the prosecution i been through in my home country just because i have a different political view ! That’s why I really hope only the people deserve asylum get it!
Asylum granted- when I decided to apply for asylum in the USA, I said final goodbye to my home country.
I left a lot of pain behind, and moving here with my physical and emotional scars was daring to say the least.
Going back would mean going back to die, or face more physical, emotional and psychological trauma. Some memories, I do not want to resurrect. Not that I do not see death as the most peaceful option. I would however not give them the pleasure of killing me, so I’d rather die naturally or do it myself.
That said, to your point about people returning to COP, let us take lgbtq asylees for instance .
If the freedom to express sexuality is the reason they sought asylum, are you saying a 2 week trip to COP means their asylum claim was fake? Are you saying they are not able to be in the closet for 2 weeks to avoid persecution?
Also, for religion based asylees, how about not practicing that new religion for the period of the visit just to stay safe. I can understand for political opinions because you are running from the government. We just cannot generalize like that.
Here is where I have a problem. Asylum seekers who were gay, didn’t realize they were bisexual, until they found a US citizen “spouse.”
Some actually outright DECIDE to switch from gay to heterosexual. I didn’t know sexuality is a choice people could switch conveniently
Or, former asylees( GC holders and citizens), who frequently visit COP.
@asylum seeker, do you realize that discriminatory, and Xenophobic posts affect people emotionally and psychologically? Isn’t that persecution?
Do you really think that there are nations that produce aggressive and impolite people?
So you think persecution produces timid people? In some cases, maybe, but in most cases, it produces boldness, and aggression as defence mechanism.
You may also want to understand the fact that people from different parts of the world come here to post.
What you consider aggressive or hostile may be understood differently by someone from that same part of the world.
You do not expect everyone to sound how you want them to sound to belong here.
When I read posts from you like –
“I am also worried about the decorum of this country as a whole…I feel like we are admitting a lot of impolite people”, I start to wonder again.
Tina, great points!
Well…agree to disagree ?
@Tina
Save your energy.
I think it’s the same person with bipolar disorder.
Do you have a medical license to diagnose ?
This guy (Asylum Seeker)!! What’s up with you, dude? I normally ignore your comments but your attitude is just mind blowing at this point. You seriously wonder why people on here display some hostility towards you while you post borderline eugenics theories on here??? Like seriously?!! You’ve got to be kidding me. People come to this platform to find some solace from the everyday hardships and uncertainty of the typical asylum process here; not to be mocked and called fraudsters.
“ Because, usually, if a person went through trauma, that individual is probably gonna be very fearful and timid, suffering PTSD and at least non-aggressive. But quite some here display somewhat aggressive, pugnacious personality…Usually, only people who were uninhibited can form this kind of trait…” Do you have any evidence to back that up??!
I think your obvious xenophobia is clouding your judgment quite a bit. Get help, dude.
Sincerely,
There is not much to be said here. Most people here seem to be so fearless. If a persecution didn’t dramatically reshape a person then…I wouldn’t classify it as persecution at all…
I am also worried about the decorum of this country as a whole…I feel like we are admitting a lot of impolite people…
Boo-hoo! “We are admitting a lot of impolite people…”
kick rocks!
Asylum Seeker, what constitutes persecution (as it concerns refugee/asylee status) is not for you to decide.
I wish I could decide…can you advise me how I can decide ?
There is no way to know what percentage of cases are fake, and sometimes, part of a case is fraudulent, but the person still fears return to the country. I’ve always looked at it this way: In the criminal justice realm, we say that it is better for 10 guilty people to go free than for 1 innocent person to be convicted. In asylum world, I think it is better for 10 non-deserving people to receive asylum than to deport 1 deserving person to face persecution. That is basically the standard we have set for asylum. It could be changed, but the question is, how many deserving applicants would be deported? Take care, Jason
Honestly jason i agree with you but there are tons are fake asylum applications and I really got shocked today when i read about the amount of posts back in 2018-2017 in your forum here and tons of folks hey jason i wanna leave cause the situation got better will i have my problem while leaving the US? Like forreal??? Are y’all kidding me! Many people get effected badly cause of these fake aslyum applicants and many people might lose their life cause they didn’t get asylum approval as we all know most of the officers thing people lying a lot until you prove to him/her the opposite and I honestly disrespect the attorneys who will take any case just to make money while not thinking about the case and see if it looks real or just bs cause when attorney lose many cases that’s bad for him/her and bad for the law office name but we all know a good case still could lose but imagine i saw an attorney i know personally told me he had client said there was guy told him i got shot on my back during a protest but guess what? No physical harm on his back and no medical reports and not even one scar on his back so how come you got shot ??
People from developing countries are constantly pouring into the U.S., It just never stops…sigh….
Asylum Seeker, do you remember the cliched quote that says something like “change begins with me”? If people from “developing countries” are pouring into the U.S. and it bothers you so much, why not play your part to help stop the “pour” of immigrants from these countries by deporting yourself? I think that’s a way to start/help.
Developing countries’ people should stay in developing countries…it’s what is meant to be…otherwise a person won’t be born in developing countries…
Intentional disobedience of God’s will will result in severe punishment sooner or later…
This really is getting to be a bit much. Please try to control your comments or I will need to start taking them down. It is getting to be very disrespectful, and worse, it is not helpful or contributing to a useful conversation. Thank you in advance, Jason
That’s what I heard at least. Not sure whether I can confirm or deny that.
But…it appears that people who are immigrants are more likely to be apprehended by ICE than Americans…Could it be an indication that if a non-American is trying to become an American, there is a chance of ICE detention ?
Sorry about that, I will refrain.
I still deeply believe that everybody will one day stand before GOD and the GOD will deliver its fair judgment…good, kind and real asylum seekers will be granted asylum. Bad people will be punished.
And you expect us to take you seriously when you’re using statistical fallacy/made-up statistics to justify your point? Please show us the evidence to support your claims!
FYI, the fact that people want to go back home to visit after having received asylum doesn’t mean that the original asylum case is fake.
@jamie
Are you serious? Or just kidding ? When u get asylum that means you’re scared to go back for your life so when you go back it’s 100% fake asylum and my man I’m an asylee and i know what I’m talking about so stop with that bs forreal! If you can go to ur country after asylum then you could have stayed there safely in a different city so i wont take this bs cause I’m an asylee and i know what I’m talking about and honestly i feel happy when someone go with the GC to COP and face hard times while the neutralization process cause that’s fake and bs to say to the officer please I’m dying due to my political opinion or religious views or gang follow me but then go with the GC what kind of joke is that even if one of the parents are sick still you said to the officer earlier if i go back my life is danger so it is what it is
Actually, its not that simple. Take my case for example, I travelled back and forth to my home country and the US for nearly 20 years before I eventually filed for asylum. I even visited Canada at one point. The officer who interviewed me asked why I didn’t file for asylum while in Canada. I told them it was just a vacation and always just wanted to visit there.
My reason for filing for asylum was, I had reached a breaking point in my life. I could not keep up with presenting a lie about my sexuality. It became mentally exhausting! When your society projects a certain value of it being conservative; especially being married and having kids is considered righteous in the eyes of God. I personally had ran out of options: never had a girlfriend (don’t want one), no safe space to express my sexuality, constant isolation and loneliness. If you look on the dating apps in my country, its nothing but headless torsos and celebrity. I wouldn’t even dare try meeting a guy for fear of entrapment or potential dangers.
The officer asked, then why not just move to a different part of country. I explained, thats a temporary solution; even if I did that, I would just be avoiding the inevitable. You move into a community, people eventually will ask, ‘why have I never seen him bring home a woman, or never seen this guy with a lady friend, no kids?’
And these are not innocent or curious questions. These questions can potentially lead to physical intimidation. Its the same at even the workplace. There is an expectation of you. Sometimes, I even wondered if I had GAY written on my forehead back in my home country. I remember working at a high school and a group of students came up to me said they are talking around the school you are a fag. It was the same thing when I was studying. Immediately rumors started spreading on campus that I was a fag. When you are in a dorm with a bunch a guys having sex with girls at night, you are always in your room or at the computer lab by yourself. Just your innocent actions can send the wrong message.
Now, this is not the Taliban or Borka Haram that I am running from. But when you are so isolated in a society, so marginalized, so lonely, constantly hearing negative views about your feelings, you begin to wonder if you really belong here. Bill Gates once said to Oprah, he would have been just as successful if he were born in India. Oprah promptly shut him down on that by saying, no, its the luck that you were born here in the US. No amount of education in India would have made you the Bill Gates you are.
For me to self actualize and be the person I wanted to be without the risk to my personal safety, I had to break free from the pretense that was eating away at me for years. Worst when the US is projecting its progress on LGBT rights in my COP and you seeing no light at the end of the tunnel in yours, it pushes you to aim for the beacon on a hill, the shining city. I became sick of having to have fake offense at gay people everytime the discussion came up at the workplace. To be frank with you, I just couldn’t do it and just did not come across genuine because deep down inside, I knew who I was. When I started working my previous job, I was shocked when they made us do required sensitivity training about a persons sexuality. That was just mind blowing. I closed my eyes and said, God, thank you for bringing me hear. To have a supervisor talk about his husband their kids, who is respected and loved by everyone. I bonded with him so much! He’s like my Gay Dad.
So, to conclude, don’t say people faking asylum cases and then maybe wanting to go back to the COP for various reasons then wishing ill on their naturalization process. Its a complex issue and the reason why I say this is because I might be embarking on this journey in the future. Everything I told the US government was true. Its one thing to visit my COP but its another thing to live there. Considering my leaving was very sudden I left a lot of loose ends and of course my elderly parent.
If and when I do go back, yeah, I am surely gonna go back in the closet for the short time while I’m there.
I wish more people could sympathize with people’s experience like yours and many others. From my experience, it’s very hard for a mainstream person to understand the fear and isolation, marginalization of people with this trait have.
And normally when I bring it up, there is a fair chance that the mainstream community will get defensive, shift blames or gaslighting.
Enronn, please take care of yourself. You deserve a good and safe life, after so much hardship,
I always tell that to myself as well, that even though I already know my life will not end well, I will still take care of myself. Because only if I live that I can hold the sinners accountable. Forgiveness will not be granted by me. I believe that there is God and God will deliver its fair judgment to all the people…the injured will be compensated, the sinners will be punished.
Well said. Thank you, Jason
Sorry, but you are wrong – many asylum seekers with legitimate claims can and do return home for brief visits. This is especially the case where the person fears a non-state actor, and can go to the country for a short visit, but would be in great danger if they lived there permanently. There are possibly implications with USCIS for people who do this, but in many cases, there are compelling reasons to return home and the person can stay safe for a short visit. Take care, Jason
Asylum Granted, just because you are afraid to go back to YOUR COP doesn’t mean that everyone who receives asylum/a GC/naturalization should be afraid. Nor does it mean that the person’s asylum claim is fraudulent or made up. Visiting a place for a limited amount of time and living there are not the same! Furthermore, you don’t have to be persecuted, or wanted by the government or some group, to be given asylum.
Your arguments, if you can call them that, assume that every asylum case is the same, every country condition is the same, and that country conditions remain static or unchanged. In addition, perhaps because you do not appreciate nuances, you ignored the urgent need to travel to the COP. Some asylees will travel to the COP, regardless of the possible danger, because they have to. This is a personal choice and is not necessarily indicative of fraud.
Your misuse of statistics, blanket statements, and reductionist points about asylum seekers not only negate your arguments in favor of LIFO, but also show that you have a very limited knowledge of a status that you applied for and managed to get. There is no evidence to suggest that LIFO deters fraudulent asylum cases/claims. If anything, it hurts the genuine asylum seekers that you profess to care about.
There is fraud in almost every immigration category, especially marriage-based immigration. However, what you shouldn’t do is throw around statistics that you picked out of the air because you feel like you are morally superior to other immigrants. You seem like the type of immigrant who as soon as s/he is in s/he wants to close the door behind him/her. Please allow the U.S. government to determine who is fraudulent and which case is/is not.
Hi Jason,
I am one desperate asylee who is following and reading every of your posts and today I have a question to ask and I thank you in advance for answering it. I had my asylum interview at SF asylum office last year in September and I haven’t had my decision until now. I have wrote several emails and have called office millions times and everytime I recieved a different answer,
Like :
Your file is currently being reviewed by a supervisor
Your file is pending background check
Your AO has not completed decision yet
Your AO has left the job after completing your interview
So frustrated I requested FOIA and to my surprise the email or the decision I recieved was like we couldn’t found a record on your file. What does that mean, I have submitted tons of documents to USCIS and now this.
So after a week I recieved a call from SF asylum office to re submit my I589 and al the documents I have submitted back in 2016. I asked them why should I submit all the documents and they never answered my question. I am really frustrated and disappointed to know why this is happening to me? Can you give me your feedback , I would greatly appreciate
I have not heard of that problem before, but it sounds like they lost the file, which is obviously bad. On the plus side, this could cause them to take some action on the case. I would submit what they asked and then continue to try to follow up. I usually use email and that seems to (mostly) get a response. Good luck, Jason
Hello Mr.Jason,
Our I-485 is still pending since December 2019. We gave our biometrics in January 2020, except for our son who was 12 at the time. This July, we received a biometric appointment notice for him (he is 14 now) but in mid-July, we had to call to reschedule because we were going to be out of state on the appointment day. I was told that I was going to be called by a 202 number and was given a verification code number to set up a new appointment date, but I haven’t heard back anything.
Is this normal? I gave my and my older son’s (19) phone number as the contact information but no one called us.
I am not sure whether it is normal – Maybe try calling USCIS at 800-375-5283 to see if you can reach someone to try to reschedule. You can also send the appointment letter to the address listed for rescheduling and maybe that will work too (keep a copy of whatever you send USCIS). Take care, Jason
Hi Jason,
USCIS requested birth certificate to prove my & my daughter relation to process her I 765 with ASAP ( Asylum seeker advocate project)
Where shall I send the documents back ( same received envelop address is different from where I filed ).
Thanks.
If they sent you a request for evidence, that letter should have the address where you respond. Sometimes, it is on the first page or the letterhead, but it could also be on a different page, so you have to read it carefully for the address. Take care, Jason
Anyone here who or their family have been interviewed for i730 at the embassy in the home country?
Today I received an email for the interview (only email) which says to bring the following documents..
Form G-325-C
Form I-765
8 visa photos (2X2” size, with white background)
Valid passport
Medical from Panel physician. (3 copies)
Original and copy of birth certificate
Original and copy of marriage certificate (if any)
Original and copy of Urdu Nikah Nama with English translation (if any)
Proof of relationship between Petitioner and applicant
You can provide documents like photos, money transfer receipts, gift receipts, cards or any other documents that shows progressional proof of relationship
There is no mentioning of form d260
Thank you
Is it a risky behavior to turn myself in to ICE detention ? Asking because I am on the brink of losing my house…nowhere to go…no money…Although, I can get free food, sleeping on the street would be quite dangerous, checked several shelter place, I am … unfortunately too old for those shelters.
If choosing between homeless/street and ICE detention…which one sounds riskier to people, from, a first impression ? Advice & opinion appreciated. I haven’t been through either, so I guess I will make a tough choice.
I wanted to answer your question but at the same time, I feel like you are not real. There is this possibility you are the one who messes around with asylum seekers.
Anyway, good luck with your makeup story.
I am just soliciting opinions…The possibility is not zero…so…could happen…
@first responder
Please ignore that white southern country boy called asylum seeker as jason and all of us leave him talk whatever he wants and we all ignore him like a stray puppy so ignore him he is a white American live in the forest somewhere in the midwest not asylum seeker at all and he lives on the EBT so please ignore his comments ! He is jobless and have nothing to do so he come waste his time here
hmm…
Its sad to see 20 years of occupation lead to 11 days of collapse and the leadership in the country flee with hundreds of millions of dollars in suitcases. The US intervention in the Middle East has led to nothing more than chaos and turmoil. Even though I grew up watching the Iraq war with my dad and mom on CNN in the 90’s and reporting from Wolf Blitzer and Bernie; my little mind was just too young to process how much this was a mistake. Its a complicated history and goes back decades even before the more recent invasions that started happening under Reagan and Bush Jnr.
Honestly, its hard to determine what’s the best course of action, with so many deciding to leave and really no solution in sight. I said this to someone the other day, its time the UN and first world countries create an entirely new country or group of countries with first world infrastructure for refugees and asylum seekers. Because what’s happening with so many people fleeing, they just want to have peace and safety; but there is the issue of integration and assimilation.
A lot of the migrants are going through years trying to resettle in European countries, then there is the culture shock and clashes. I was chatting with a friend from Toronto and he told me about his experience trying to help Kurdish men find resources: how to go to a clinic, pharmacy, take the bus and other services. The three Kurdish men kept berating and shouting at him in the back of his car about why he is single, has no wife. He basically said they were ungrateful. Yet, here they are, getting help in a first culture after fleeing their deaths.
So, yes, its a complicated issue, but, a lot those men I saw on the plane will need leave behind more than their death; they will need to also leave behind certain cultural norms that tend to clash with western societies. That’s of course me just ranting on my soapbox. But, with the current situation, its only gonna get worse before it gets better.
On a lighter note, I recently returned from my first vacation trip in 2 years. The experience was sorta smooth. Tip, if you recently got your GC and planning domestic travel, you can safely leave your COP behind and not worry about getting a RTD. TSA just took a glance at my GC and asked to see my face and I was on my way. I even signed up for this thing called Clear to making breezing through airports easier.
I have a question tho. I just checked and it seems the Taliban in Afghanistan is not listed as a terrorist organization…So why the westerners are hating it so much ?
did white european who came to america or canada tried to assimilate into the native american culture NO.. white people literally wipes native culture but i guess you only have problem with people coming from other third world countries. NATIVE were here first not white men.. europeans were colonizers and invadersatleast these ones are seeking asylum or refuse .. and if you arent native please dont say who are welcome and who are not ..
?
Two wrongs don’t make a right. At the end of the day, you can’t bite the hand that is feeding you. My response was, a lot (not all) tend to carry a lot of the negativity within their culture: homophobia, no belief in women having rights etc. My point is, if you are going to come to this country, you better drop that. Just as if we were in their country, we have to respect their traditions and cultures.
You can’t come to America, seeing Britney walking down the street wearing short, shorts and get angry at her. Thats all I am saying. At the end of the day, its this modern, cultural concept why you even have a safe refuge in the first place. The idea of modern America as a place where you can be whatever you want to be without hurting anyone. Its just that when a lot of persons migrate from the Middle East, they bring a lot of entitlement.
I have read the stories of Middle East refugee men beating up LGBT identified refugees among them who come out in Europe in camps there. Its such an irony, considering both sides are hoping for safety, yet at the same time you are treating a fellow countryman terribly because of his or her sexuality as less than you.
@ENRONN SIERRA Pretty much what I wanted to say.
A lot of people scream in this blog racism or xenophobia to my face…when in fact…I can also say a lot of -ism and -ia to others…I just chose not to…
We are in a developed country, so better learn to be polite and acculturate…I mean…this is not your third world country of origin after all…
Personally I love the muslim community tho. I tried to learn Arab but it’s too difficult so I gave up. The culture I doesn’t quite like lie somewhere else…
The Taliban in Afghanistan is not a terrorist organization…at least not yet.
So I am wondering, could the West and Muslim world cooperate to fight terrorism and threat together ? Currently, I feel that the West and the Muslim community are not in a great relationship…and it makes me sad…
Hi Jason I just wanted to know if it’s still taking a long time for work permit renewals to be processed also can you please let me know if there is a possibility of being excused of that paying the work authorization card fee $400 since I am not working from the beginning of pandemic I was just hoping if I could get some financial aid instead of paying such a big amount my husband does work but it’s kind of difficult right now with one paycheck are they going to ask us a lot of questions or create issues to renew the card? Thank you so much is usual for not forgetting us
Same situation here. A lot of people are hit hard by the pandemic
It is usually still taking a long time, so apply as early as possible (the earliest you can apply is 180 days before the old card expires). Check the form I-765 for the fee – it is $485 unless you are a member of Casa de Maryland or ASAP, and then it is $410 (I wrote about these organizations with links on September 23, 2020). You can apply for a fee waiver using form I-912, available at http://www.uscis.gov. Take care, Jason
Hi Jason and Everyone,
If pending asylum seeker can apply for DV lottery and gets his/her status adjusted without leaving the usa, so why can’t a pending asylum seeker get his/her change of status through EB-3?
Thank you.
@ricky
You’re spreading false information cause you can’t adjust your status from dv lottery while you’re in the US unless you’re in legal status and asylum pending isn’t a status at all!
If you win dv lottery and asylum pending but you’re not in status you have to leave america to adjust your status and get GC through the dv lottery
You are right. I talked to a lawyer and he said there are many applicants who went to courts after being denied by USCIS for AOS, The courts did not even take the cases… you can not adjust your status until and unless you have kids over 21 or spouse being a us citizen. Thank you very much everyone for answering the question. I pray to God all the best for everyone here including me and my family.
Thank you.
It is generally true about AOS, but there are exceptions, and so if a person thinks they are eligible, it may be worth talking to a lawyer to see if there are any options. Take care, Jason
Hi Jason,
What options do i have? I have a sponsor ready to apply, But neighter my kids are us citizen nor my wife. how can i get AOS done without leaving the country?
Thank you.
It may not be possible, but you should talk to a lawyer to review the specifics of your case, and maybe there is a way (but beware of people over promising or making claims that do not seem realistic). Take care, Jason
You should be able to adjust your status through eb-3 employment if you were in valid /non expired status when you applied for asylum.
And the asylum seekers who won dv lottery can adjust their status without leaving the US, I know real examples, don’t listen trolls here.
@still waiting
Why are saying bs?? Who told you can adjust status if your out of status and have pending asylum if you win the dv lottery!!! That’s bs and big lie so stop spreading lies and rumors when u have no idea what you’re talking about! People like you are the main problem
@asylum granted
You’re the main problem and spreading bs here. You don’t help people, just insult everyone. You’re using too many exclamation points, you should see a mental specialist.
@still waiting
I hope you wait forever so you stop your bs ! Such a cry baby here and for your info u can’t adjust status if you’re not in legal status in the US so winning dv lottery is useless if you’re pending asylum cause that’s not a legal status so don’t spread bs here saying you had friends did that while they were pending asylum! Unless you’re status and that’s a different story
Three people have already told you that you’re not right.
What a miserable life you have with your “granted” asylum, if you’re coming here on Saturday night just to insult others. It’s clear that nobody wants you in this country. Lol
@still waiting
Three people!?? Who said u can adjust status if win dv lottery and you’re out of status by only being asylum applicant? Even jason didn’t say you can do that!! The only way is to be in status like f-2 or b1/b2 otherwise you have to leave to third country!!! If you ask any attorney about adjusting status while you’re out of status i own you $500 in front of everyone here!! Go educate yourself and please don’t spread false immigration facts
@granted asylum
I know people who had pending asylum, won green card and adjusted their status here, in the US. And I know other examples. Why would I believe some random dude on the internet who’s spreading only negativity and hate (you) over people that I know. It does not mean the adjustment is automatic, you have to meet all other requirements for DV lottery. Same as people playing in the different countries, it doesn’t mean that everyone’s getting approved. But it’s another chance for people who are waiting here, and it won’t hurt.
Yes. I heard the same. I heard that if you were in the status while you filed Asylum and not have unauthorized stay you should be able to do AOS. I hope it’s true.
There is a section of the law called INA 245(k) which basically states that a person who is in status, files for asylum, and encounters an unreasonably long delay may be able to adjust status in the US based on an employment visa. Whether that actually can work in practice, I do not know, but in general, people who are not in status (and asylum pending is not “status” for this purpose) cannot adjust status and have to leave the US to get a GC. The main exception to this is if the person is getting the GC as an “immediate relative” of a US citizen – spouse, minor unmarried child or parent of a US citizen who is over 21 years old. These categories of people can usually adjust status as long as they entered the US legally. Take care, Jason
There are often no simple answers and whether these can be done must be determined based on the specific facts of the case. I wrote about these issues on August 28, 2018 and September 6, 2018, but to be sure, you need to talk to a lawyer about the specifics of the case. Take care, Jason
A lottery winner can only do that under certain circumstances. I wrote about that on August 28, 2018. Take care, Jason
Hi Jason, I follow a lawyer who seems to be very trustworthy who told that recently 2 clients did AOS because dv lottery, they were waiting for asylum and no other legal status. She mentioned that is a discretion of the official and also mentioned that other people with same status was not able to. This is very disappointed how discretion is being used here.
It depends on the case and there are many factors, but I would need to know the exact details to evaluate whether that is true. In the vast majority of cases, a person with no status besides asylum pending cannot get a GC based on the lottery without leaving the US (unless USCIS makes a mistake – which is not impossible). Take care, Jason
Hello Jason and friends. I want to ask how I can fill out 30.a – 30.g in the new I-765 form ? I should answer yes for 30.b, and then should I skip (leave them blank) 30.c – 30.g ?
I read from this blog that sometimes they reject forms because some questions are not answered.
I don’t have the questions memorized – you need to read the instructions and answer the questions that apply to your category. If a question does not apply, leave it blank or – if you want to be extra safe – write N/A. Take care, Jason
Sounds good, thanks
Hi Jason please answer how long ead is taking under pending asylum c08….I got receipt of my application on November 28 2020 six month extension I got is a bout to expire next month do you have any client whose case is at potomac office and that could give an idea about the usual time….please respond and thank you for helping
I do not remember exactly, but things are slow. Most clients seem to get the EAD in 5 to 7 months, but some wait longer. Take care, Jason
Potomac seems to be the slowest office, working on EAD lately. I’m checking the website on daily basis to see their progress with processing for EAD, and as of today, they are reviewing cases from Novemer 6th.
I myself got the receipt from November 18th, so hopefully that my case will be reviewed in 12 business days, and yours (basing on receipt date) might take another month or so. You can try to call them to expedite your case as your EAD is about to expire and you might lose the source of income (if you have one). I’m just planning to wait these 2 weeks and see how it works out)))
Good Luck!
Naya
You should call USCIS on monday and request to expedite! Call them every week until the approve it. Good luck.
Way to go
Applied EAD in October last week.
case received date Nov 6 Potomac
notice date Dec 11
Received actual card in mail on Aug 20
…That’s a little long…
After waiting for my EAD extension since November 18th, 2020, at the Potomac office, today finally got notice that the card is been printed! This is crazy, but it’s the small things that make us happy, lol
Hi Jason, hope you doing well. I have one queries about I-130 Petition for Alien Relative. My sister applied for me last 2012 so recently I got update on USCIS website in my account and its says -” On August 19, 2021, we sent your case, Receipt Number EAXXXXXXX, to the Department of State for visa processing.” what does it mean? Is there any time frame on that? Do I need to talk any attorney? However my asylum case is pending last 5 years in NYC.
Thanks in advance!
It sounds like your priority date for the I-130 is current, meaning you are eligible to apply for the GC. However, since you are in the US, you are likely only able to apply overseas, and that may or may not be possible. I wrote about these issues on August 28, 2018 and September 6, 2018, but you need to talk to a lawyer to see whether you can process the case without leaving the US (this is unlikely, but may be possible), whether you have to leave, and whether you are eligible to process the case overseas and return. Take care, Jason
Thank you so much Jason for your reply. Is there anyway can I have an appointment with you? I need really advice regarding my case. I don’t have any lawyer to talk right now. I need your correct directions right now.
I have very limited availability these days. If you email me after next Wednesday and let me know what you need, we can try to schedule an appointment. Take care, Jason
Thank you Thank you thank you so…. much. I will InshaAllah!
Just a question to Aish if you don’t mind
I’m in same situation, my brother applied for me, 2013 and just want to know what country you’re from, because like you know the i-130 priority date depends on the country you’re from? If possible.. thanks
The I-130 priority date is only potentially affected by the country for certain categories of relationship – you have to check the “State Department Visa Bulletin” to see that, and you can Google the quoted text and find it. Take care, Jason
Healthcare Insurance:
Hi, may I ask what kind of health insurance I can get ? I cannot afford private health insurance. And I just checked my State’s medicaid…it only covers people who are granted asylum…
Anybody can guide me how to get on health insurance ? I checked with some local organizations, and they didn’t seem to be able to find one in the State…
Sometimes, there are non-profits that help with this, but you have to ask local non-profits and see whether they can direct you to the correct place. Maybe there is no provider in your area, but it is worth looking around a bit, as health insurance is very important. Take care, Jason
@health insurance.
You can get health insurance ACA from the marketplace where the government gives subsidy you just pay a little bit a month( i pay like 2 dollars a month) but for the you have to make certain amount to meet the eligibility threshold. Also see if the open enrollment period is there now usually its open enrollment starts around November 15.
Make certain amount you mean need a job, right ?
I just couldn’t find a job on my C8 EAD…this adds to the trouble…
If you live in VA ,UVA health system offer financial screening for people with low income or no income at all as long as you have SSN,
That’s nice. Thank you 🙂
Thanks Jason…I agree…
Is it possible for asylee to renew their COP passport? If possible, I hope there will be no consequence during naturalization?
@anonymous
That’s so bad and the USCIS might think you gained the asylum from fraud especially if your asylum was on political situation as how come the COP is looking to hurt you and in the same time published a passport for you! It doesn’t make sense
If the country allows it, it is possible. I have had many clients do it without problems. However, if the renewal causes USCIS to think the original asylum case was fake, it could create issues. At a minimum, you should be prepared to explain why you renewed the passport and why your country (which persecuted you) was willing to renew the passport. If you were persecuted by a non-state actor, it probably much less of an issue. Take care, Jason
Looks like the asylum backlog is about to be a thing of the past ya’ll!!
https://www.dhs.gov/news/2021/08/18/dhs-and-doj-publish-notice-proposed-rulemaking-make-asylum-process-more-efficient?fbclid=IwAR1Wct3N7a-V6PBcSNpliuZFBH3W-pufohKZTslciAY18YUTDaMJniJ8vYk
It looks to be mostly dealing with people coming from the southern border…
We need to see the actual rule – I think this might relate only to the border, but we shall see. Take care, Jason
Hi Jason. I am Asylee. I am leader of a political party who is working freedom of our country occupied by another country. My all Family members reached usa on i730 . My elder son remained in my Home country because he was over 21 y age when i applied for my Asylum.
Government is forcing my son because of me and i am affraid that they will arrest,kill or miss him. His life is in danger. I am worried about his security and life. In this special situation what step could be taken to join him with us here? Thank You.
Talk to a lawyer who does consular/embassy cases – he probably needs to apply for a visa like anyone else. If that fails, maybe he could qualify for “humanitarian parole”, form I-131, available at http://www.uscis.gov. I do not do such cases, but maybe you can find a lawyer who does. Also, if he has the ability to do so, he can go to a third country and wait there for some solution. Finally, if you have a green card, you can file an immigration petition for him (form I-130), but unfortunately, such cases take many years for children over 21. Take care, Jason
Hi Jason,
My husband had applied for asylum and I was listed as a derivative applicant. We are both currently on F-1 status, with a decision pending on the Asylum case after 1.5 years. I am applying for EB-2, I-140. On the application, it asks “Has any immigrant visa petition ever been filed by you or on your behalf?” My attorney told me that if as I have not previously filed any I-130, I-140 or I-485 I should answer NO and my derivative asylum application is not an immigrant visa petition and does not make it yes. What’s your idea on it? If I answer NO, will there be any dishonesty issues? thanks
I think the lawyer is probably correct, but when I am not sure, I circle the question on the form, write “see cover letter”, and provide an explanation in the cover letter (such as – “I am a dependent on a pending asylum application”). That would avoid any problem about USCIS thinking you are lying. Take care, Jason
https://amp.cnn.com/cnn/2021/08/18/politics/asylum-rules/index.html …. I saw this post on cnn about Biden administration proposes overhaul of asylum system to speed of approval claim .. is this true ? How will it effect us ..
How I read it, people coming from the southern border will have the opportunity to get Asylum approval from an Asylum officer. Currently, if they pass the credible fear interview, they have to go to court for the asylum case. It might reduce the court backlog, and potentially will increase the Asylum officer’s backlog unless they are planning to hire more asylum officers for this purpose.
Read carefully the whole article. It says who does it refers to. 😊
I have not seen the actual proposal, but I think this would relate to cases at the border and I do not know how it would affect cases at the asylum office. Take care, Jason
I am sorry to hear all this. Hope your client will win