For “respondents” (non-citizens in removal proceedings) and their lawyers, Individual Hearings in Immigration Court are a big deal. Evidence must be gathered. Affidavits have to be prepared, checked, and re-checked. Witnesses must be identified, convinced to attend the hearing, and prepared for trial. Respondents practice their testimony. In most cases, the noncitizen has been waiting for many months or years for the trial date. The result of the trial determines whether the applicant can remain in the United States or must leave. When a respondent receives asylum, he is permitted to stay in the U.S. If he loses, he may be deported to a country where he faces danger. In many cases, respondents have family members here or overseas who are counting on them, and the outcome of the case affects the family members as well as the respondent. All of this provokes anxiety and anticipation. In short, Individual Hearings are life-changing events that profoundly effect respondents and their families.
So what happens when the Individual Hearing is canceled?
The first thing to know is that cancellations are common. Cases are canceled weeks, days or even minutes before the scheduled time. Indeed, we often cannot be sure that a case will actually go forward until the hearing begins.
Why does this happen?
There are many reasons, some more legitimate than others. The most common reason these days is the pandemic. Sometimes, courts close due to potential exposures. That is understandable, but as far as I can tell, these represent a small minority of Covid cancellations. I have had 50% or more of my Individual Hearings canceled over the last year and a half, and none of those was caused by a Covid exposure. I suspect that the large majority of these cancellations are due to reduced capacity to hear cases–since judges and staff are often working from home. Indeed, most pandemic cancellations seem to occur a week or two before the Individual Hearing. By that time, we’ve already completed and submitted the evidence, witness list, and legal brief, and have usually started prepping the client for trial. The client is also psychologically gearing up for the big event.
And then we check the online system and find that the case is off the docket.
What’s so frustrating about these cancellations is that we’ve been living with the pandemic since early 2020. The Immigration Courts should have adjusted by now. If cases need to be canceled, why not do that several months in advance? At least that way, applicants would not build up hope, only to have that dashed when the case is cancelled at the last minute. Also, it wastes attorney time–since we will have to submit updated country condition evidence (and perhaps other evidence) later, re-prep witnesses, and potentially prepare new legal briefs, if the law changes (which is more common than you’d like to think). For attorneys who charge hourly, this additional work will involve additional costs to the applicants. So all around, last minute cancellations are harmful, and it’s hard to understand why they are still so frequent.
Besides the pandemic, court cases are cancelled for a host of other reasons: Immigration Judges (“IJs”) are out sick, hearings get bumped to accommodate “priority” cases or sometimes cases are “double booked,” meaning that they are scheduled for the same time slot with the same IJ, and so only one can go forward. To me, all these are weak excuses for canceling individual hearings. Most courts have several judges, and so if one judge is out sick, or if a priority case must be scheduled at the last minute, another judge should be able to help out (in all but the most complicated cases, judges need little time to prepare for a hearing, and so should be able to adjudicate a case on short notice). Also, there is no excuse for double-booking cases. IJs should have a sense of their schedules and simply not overbook. In addition, all courts are overseen by Assistant Chief Immigration Judges (“ACIJs”), who should be available to hear cases if need be. Finally, given the ubiquity of video conferencing equipment and electronic records, judges can adjudicate cases remotely, and so there should almost always be a judge available to fill in where needed.
Of course, there are times when case cancellations are unavoidable, due to inclement weather, for example. But in an ideal world, these should be rare.
If the delay caused by case cancellations was measured in weeks or even months, the problem would not be so severe. But in many cases, hearings are postponed for one or two years–or even longer! This is obviously distressing for the applicant, as the long-anticipated end date is pushed back to who-knows-when. It is particularly devastating for applicants who are separated from family members. The long postponements are also a problem for the case itself, as evidence becomes stale and must be replaced with more up-to-date information, and laws change, which can require a new legal brief. In short, these delays often force the applicant (and the applicant’s lawyer) to do significant extra work on the case, and this can add additional costs in terms of legal fees.
It seems obvious to me that courts do not fully appreciate the damage caused by last minute cancellations. If judges and staff (and management) knew more about the harm these cancellations cause, perhaps they would make a greater effort to ensure that hearings go forward, and that any delayed hearings are rescheduled as quickly as possible.
Hi Jason
I would like to thank you for your dedication to help us. God bless you.
My individual hearing date is canceled. And the court send me an email to choose a date for master hearing. Is normal to happen? How I would change to my master hearing to individual hearing?
Thank you
I did a post about this on April 20, 2017, but if you are without a lawyer, that may be difficult to do – the judge might want to see you and talk to you at the MCH before the Individual Hearing. Take care, Jason
[…] more work for us, and more work for the court, which will have to review our filings. Last year, I wrote about the harm caused by cancelled hearings, and–despite the easing pandemic and the […]
My Husbands EOIR case was rescheduled From January 2022 to January 2023 and we received a cancellation notice. There is no new date or anything. What could this mean? His previous attorney did something wrong that caused the Deportation process, she has been fired since then and we are working with someone else but sometimes they do not respond to our questions.
Court cases are being moved around a lot, so this may be normal. You can call the court and talk to the clerk to ask. You can find their phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hi Jason,
I have an I-130 petition pending with USCIS, CA office, receipt date Oct 2015. Can I apply a Writ of Mandamus against the USCIS if my date is not current.
Regards,
I do not know – you should talk to a lawyer who does mandamus cases. However, normally, before you file a mandamus, you have to try to resolve the case in other ways, such as contacting USCIS or the USCIS Ombudsman. I did a link with some ideas on January 29, 2020 (in the context of expediting a case, but the contact info is the same). Take care, Jason
Jason,
I saw there will be another immigration court open in Sterling, VA. I hope that will reduce backlog cases.
They have been hiring more judges and this has been ongoing for some time, but the backlog keeps growing. Covid contributed to that, but the backlog has been growing even before then. Hopefully, the new court will help, but I think many judges from Arlington will just relocate to Sterling. Take care, Jason
Jason,
What happens if the case is postponed or canceled because of the inclement weather? Will it be scheduled sooner date or same date for next year in Arlington immigration court?
Thank you
Many cases are being postponed in Arlington – mostly due to Covid, but sometimes for other reasons, like weather. When the cases get rescheduled is not predictable, but in most cases, I suspect it will be months or a year or two. If the case is too far away and you want to try to expedite, you can try that – I wrote about this on April 20, 2017. However, given the current situation in Arlington, I would wait a couple months before trying to expedite. Hopefully by then the Covid situation will have improved and things will be operating a bit more normally. Take care, Jason
This is really frustrating, and yes, they have no clue the amount of stress and devastation they cause by simply ignoring a case.
My asylum case moved to court 3 years ago and I still haven’t been assigned a judge nor have a hearing date. I have an approved I-130 through my US spouse and a pending PD for months now, but since I’m in the Deep South I feel like I will be on hold indefinitely. I don’t know if there’s anything else I can do anymore…maybe get a different job move elsewhere in the states?
I’ve been following your blog and advice for 9 years now, so thank you for your empathy and support.
If DHS (the prosecutor) agrees to terminate your case based on the approved I-130, you can file a joint motion to dismiss. Even in a difficult court, and even without an assigned judge, you should have a decent chance to have the case dismissed. Take care, Jason
Hi Jason,
How do I get the prosecutor to terminate my case? Is that the same as filing for PD or can I contact them directly?
It is not necessarily the same, but there are different ways to exercise prosecutorial discretion (or PD). One is to keep the case alive, but take it off the active docket. In this case, if you have a work permit based on pending asylum, you can keep it, since the court case is still alive. Another option is to terminate or dismiss the case. Usually, they will only do that if you have some other form of relief available (such as adjust to LPR based on marriage, for example). In that case, once the court case is dismissed, you are no longer eligible for a work permit based on a pending asylum case, since there is no more pending case. For this reason, you have to think about what you want from the prosecutor – and if possible talk to a lawyer to decide what is the best path for you. Take care, Jason
I have noticed new immigration court will be opening in Sterling, VA. I hope that will help to reduce backlog.
I am not sure whether it will help the backlog, but it will certainly be inconvenient, as I have heard it is not near any public transport. Take care, Jason
Hi Jason,
I am having an error on ds-260, I am putting everything correctly when I am saving it, it always says the following below:
Please correct all areas in error as indicated below. Once you have finished, click ‘Save’ or ‘Next’ to continue completing your online application form.
• There is a gap greater than a month in the dates you have provided since the date you turned sixteen. Please include ALL addresses where you have lived since the date you turned 16 years old.
Present and Previous Address Information:
Present Address
Street Address (Line 1):
Street Address (Line 2)*Optional:
City:
State/Province:
Postal Zone/ZIP Code:
Country/Region:
Started Living Here (Format: MMM-YYYY): April 2010
My date of birth is 1970 and I am 51 years old.
Previous addresses
Q: Have you lived anywhere other than this address since the age of sixteen? (Since the date you turned sixteen is 01 Jan 1954): Yes
Please provide the following information on all addresses you lived at since turning sixteen. Begin with your addresses immediately before your current address.
Street Address (Line 1):
Street Address (Line 2)*Optional:
City:
State/Province:
Postal Zone/ZIP Code:
Country/Region:
Started Living Here (Format: MMM-YYYY): Jan 1954
To Date (Format: MMM-YYY): October 1965
Street Address (Line 1):
Street Address (Line 2)*Optional:
City:
State/Province:
Postal Zone/ZIP Code:
Country/Region:
Started Living Here (Format: MMM-YYYY): October 1965
To Date (Format: MMM-YYY): April 1990
May I know what the error is? please help me to continue the next section.
Thank you for your time and help.
Sorry, I really cannot tell from this. I think you may need to sit down with a lawyer who can look at the whole case and try to figure it out. Take care, Jason
Hi Jason I have a question regarding if pending asylum with a EAD is a lawfully admitted alien because am trying to get a real estate license in Texas but the requirement is to be US or a lawfully admitted alien.
I do not know how TX defines the terms “lawfully admitted alien” and so I do not know. However, under federal law, if you entered with inspection (with a US visa), you were admitted to the US lawfully. Whether that is the same as what they mean in TX, I do not know. I think you would need some guidance from an authority in real estate licenses. Take care, Jason
Hello Jason
My first hearing keeps rescheduling for years
Now I’m married to a US citizen
Can I file a motion to terminate the case before my first hearing so My spouse can file the AOS petition for me in the USCIS? Or do I still have to wait to be seen at the hearing?
What are the required documents for the motion?
Thank you
I wrote about this on August 2, 2018. Typically, you have to get the I-130 approved first and then you can try to terminate the court case. Maybe DHS (the prosecutor) would agree to terminate the case before the I-130 is approved, and you can try that too, but it is less likely to work. Unless the case is terminated, you need to continue attending all hearings. Take care, Jason
Thank you for your help and fast reply
I have read the Article which is really helpful.
If the case is terminated and I’m still waiting for AOS petition to be approved will I be able to renew my work permit?
What are the documents needed to be submitted to the DHS in order to close the case?
Thank you
If the case is closed, you would not be eligible for an EAD based on asylum pending. You should be eligible for an EAD based on the pending GC (form I-485). In terms of the documents needed, it varies by case, but at least proof of the approved I-130 and eligibility to adjust status based on the approved I-130. You should talk to a lawyer for some guidance about this, as different cases require different evidence, and DHS will not always agree to terminate a case to allow you to adjust (though usually, they will). Take care, Jason
Today I went to renew my driver license based on the receipt of my EAD .I expected the employee there to gave me a Save Case number and I have to follow up online to check when I have to go to the Secretary of State to get my Driver license. The employee told me that my license will have an expiration date of 2025 . It never happened with me before since we applied for asylum 7 years ago. It is always a long process and the extension is a headache. Do you think it is a mistake or that is a sign for something else?! My husband renewed his based on the receipt they gave him a year date of expiration.
@EF
Yeah it’s a mistake lol it happened with my friend before! You guys are lucky
I have no idea – it may have to do with DMV rules or maybe it is just a happy error. If you have already been interviewed for asylum, you may want to email the asylum office to ask if there are any updates – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason and Everyone,
I had my Individual hearing last week. At the end of the hearing the IJ said we will mail you the decision in 60 days. My question is, is this normal that they mail the decisions? No. 2. Anyone here got the result like this, was it approved or denial? Please share your experiences. I will appreciate it.
Thank you.
1 – It is normal, although it is probably more common to get oral decision in court. Some reasons for written decisions include that the case is complicated and the judge needs time to review the facts or the law, or maybe the judge ran out of time after the hearing and so could not complete the decision orally. 2 – We have seen approvals and denials in written decisions, and I think that for most judges, it is not a way to predict the outcome. Hopefully you get a positive result soon. Take care, Jason
Hello Jason, I applied for asylum in in 05/29/2020 biometrics in July 2021. Since then my status says that next step is an interview. According to your experience how long does it take to schedule an interview? I also applied for EAD 42 days ago in Texas Center. Asylum office in Bethpage,NY
There is no way to predict that. They give priority to new cases over old cases (under the LIFO system – last in, first out) and your case is not new. For this reason, I would not expect an interview any time soon. At least some office ha resumed interviewing people in the same room as the officers. This will increase capacity and so may start to speed things up. Even so, it could be a while. You can try to expedite your case – I wrote about that on March 30, 2017. Some offices are good about that, and so maybe it is worth a try. Take care, Jason
Friend, First of all, I recommend you not to use your real name.
2) I waited for 5 years to get an interview date in NY but had no luck. So, I’d say be prepared to wait for it and live your life in the meantime
Don’t worry/stress about it, Nothing will change from your worry/stress/anxiety.
In the meantime gather as much evidence for your case as possible like witness affidavits, country persecution reports, police reports, court records, Psychological evaluation from a therapist indicting trauma and ptsd related to your case, U.S Department of state reports on humanitarian or religious conditions etc news paper articles.
I have the same message “next step is an interview” for last 6 years but in your case, your interview might be scheduled earlier than people like me who are stuck in backlog.
Have you received your receipt notice?
Hi Jason!
I am granted asylum and applied for my green card this year, and my fingerprints were taken, and i am mot sure when i will get my green card yet, my question now is my work permit will be expired by March next year, should I apply for renewal or i can use the green card notice for work?
Thanks!
I believe you don’t need a work permit or notice to work as an asylee. What does your employer say/require ?
If you want to avoid having the EAD expire, you should apply for the renewal of the EAD since GC processing can take a long time. Also, a person who has been granted asylum is eligible to work even without an EAD, and so you could rely on that rule, but having an EAD does make life easier. Take care, Jason
Jason, personally, I think EADs further complicate things and further confuse some employers. EADS, specifically for people who have been granted asylum, gives the impression that the employee is only authorized to work for the validity of the card. Trust me, I have seen it in the real world. It is for that reason I always encourage asylees to do everything they possibly can to get the unrestricted social security card and a state ID that has no restrictions. EADs should be secondary or as a backup. Asylees should never rely on EADs as they can run into problems with their employers (potential or otherwise). If the asylee presents the unrestricted SSC and the ID, the onus would shift to the employer to prove that the asylee is not authorized to work.
I agree with you. Some people simply just don’t know how to treat people equally and will never learn.
If I were an asylee, I will use SSN and another state id for jobs, same as U.S. citizen. Never give others an opportunity to discriminate you. If they ask your race and nationality or disability, leave it blank.
That sounds reasonable. I have not heard about such issues from my clients, but I also encourage people to get the GC as soon as possible (i.e., not so soon given processing times) and so at least in the past, when cases were faster, most of my clients who had asylum transitioned to a GC and did not need the EAD. Take care, Jason
@Marco
You don’t necessarily need an EAD once approved asylum and got your I94 Asylum Granted Indefinitely(stamped). Read and save this one from DOJ & good luck. https://www.justice.gov/crt/page/file/1132626/download
Best Regards,
Pika
Hi Jason! I have applied for a green card (I-485) based on approved asylum. Can I create second green card application (I-485) based on the marriage with US citizen? Someone told me that it’s possible and you just wait for whatever application would be faster
I have never done that and I think it may create problems. I have never seen anything stating that you cannot do two GC applications at the same time, and see what works first, but my understanding is that USCIS has one file for each person, and if you have two applications pending at once, it may cause confusion and delay. That said, I really am not sure. Take care, Jason
Hello Jason,
As I have been the principle applicant of my asylum case and already applied for adjustment of status, USCIS has recently waived the biometrics/fingerprint for my husband. However, they have scheduled an appointment for me to go for making the fingerprint. Does that indicate any concern? Thanks so much for all your help!
USCIS is such a disorganized mess, I do not think this signals anything and I would not worry about it. Hopefully, the cases will move along in a reasonably timely way. Take care, Jason
Hi Jason and community,
What is going on with green card process through asylum Jason? My application is approaching to three years. Before six month, they transferred to NBC from Texas and after than nothing new?
There are terrible delays. I know there was some mention in comments on prior posts about an effort to lobby Congress or UCIS about the long delays, but for now, things are still very slow. I think it is partly due to resource issues and partly due to taking more time to evaluate each case to look for fraud or other issues (basically, this is a Trump-era policy that President Biden has yet to reverse). Take care, Jason
Hi Jason and community,
What is going on with green card process through asylum Jason? My application is approaching to three years. Before six month, they transferred to NBC from Texas and after than nothing new?
Thank you
@TESFA,
Sorry my friend. It’s called, the king is gone, long live the king. A lot of us turned to activism because this administration dropped the balls. Now we just have to force USCIS to do its job with lawsuits and other petitions.
Take care,
Here’s an article about EAD and greencards backlog. Today is 10 months since I applied for renewal and my extension expires in a week. https://www.politico.com/amp/news/2021/12/04/immigration-system-labor-squeeze-523744
Hi Jason
It looks like my pending asylum EAD(Case received July 15) will not arrive on time before the 6 months extension deadline which is at the end of March 2022 (Potomac which shows 9-11 months).
I also have TPS status and can apply for my first A12 EAD.
Do you know if the initial EAD for approved TPS is adjudicated faster than pending asylum EAD?
If I apply now for A12 EAD, it would be approximately 4 months before my C08 EAD expires. I know initial asylum EAD is processed at 30 days or less but not sure what is the rule for the first A12 EAD?
Can you please recommend the best course?
I do not do a lot of TPS and am not sure. My recollection is that they tend to be faster than c-8 EADs (which require additional questions on the form, and this may be one factor affecting processing time). You do have time for them to process the currently pending EAD, but certainly I understand your concern. I think the main thing you have to lose by filing based on TPS is the fee, but I have not tried doing a TPS EAD and an asylum pending EAD at the same time, and so I am not completely sure that this would not create issues. Maybe consult an attorney who does more TPS before you file, just to be on the safe side. Take care, Jason
Hi Jason,
Hope you’re doing well. My individual hearing had been rescheduled 3 times during this pandemic. It was first scheduled for October 2020 then July 2021 and then April 2022 and i just checked online yesterday and it’s rescheduled for April 2023. It’s so frustrating as everybody is working even while this pandemic and these judges don’t want to work(even from home). This system is being so unfair and frustrating with all the delays.
My question is there anyway to expedite the hearing in court on humanitarian reasons?
Does it impact the outcome of the case and what are the chances of being approved for expedite?
Thanks
Hi
Angel if you don’t mind can you pls share in which court is your hearing scheduled? (Which city)
Hi Ron,
It’s in san francisco, Ca. It’s being mess here in California. I have few friends in LA who’s hearings have also been rescheduled for 2 years from now.
You can try – I did a post about advancing court hearings on April 20, 2017. Some judges are more willing to help than others, but there is no harm in trying. Take care, Jason
You could try expediting it by using the chatbot on USCIS.gov. (I think it’s called Emma). I just said “live agent” to skip over the automatic stuff and stated a humanitarian reason (in this case a health reason). The green card of my partner was expedited. Hope this helps. Although I don’t know if it would with a court case, as opposed to something that was paperwork related, like an i-485 form.
Hello everyone, I need your help, i sent my renewal document for myEAD renewal on January 2021 exactly 6 months before the old one expired and i got the extension notice which one is going to expired end of this month i have called and put expedite request last week and i was told the officer is calling me back but nothing so far and also when i check the processing time shows they are working on cases that were received on January 16 and mine was received on January 13 what going on with them, please help me what should i do i got notice from my employer and they are going to terminate me.
Which USCIS office was processing your EAD renewal?
Potomac service
Same as mine, I applied for renewal in March-2021 exactly 6 months before expiration, EAD expired in September-2021, My EAD is also being processed at Potomac. I am also really worried that I would be terminated from my job or put on suspend assignment.
Anyways these days I have started looking into my own business ideas so that I don’t have to rely on just my job as a pending Asylee.
If you do get terminated from your job, I would suggest start exploring online business ideas like being a seller on E-commerce sites like “AMA#ON” etc or do stock trading and similar online businesses….
Potomac service center is really messed up. If 1 year is not enough to process a simple EAD application which USCIS charges almost 500$ for then how long do they really need.
USCIS is really f#cked up these days. They are causing a lot of pain and I am not talking about emotional pain. Pending Asylees on C-8 will loose their jobs, health insurance, homes and more if this keeps on going.
@ ASYLE55 their real processing time is ~3 weeks behind. I know some people with the receipts from nov-dec 2020 that are still waiting.
Hopefully, this means that you will get the card soon, if they are working on your case (filed 11 months ago – which is ridiculous). Besides calling, you can try your Congress people for help. You might also want to open a case with the USCIS Ombudsman (a link is under Resources) – they sometimes help with delayed cases, but they are not quick. In any event, it is probably a good idea to open a case with them to get that started. I would try to take actions, but based on your email, it does seem likely that USCIS will process your case soon, we hope. Take care, Jason
Thank you so much, i just did file Ombudsman online hopefully i get result by that. I love my job i do not want to loose cause stupid reason.
I have EAD renewal receipt from early February and EAD extension already expired in mid November. I had two expedite requests submitted. Only one them got answered by this time “We’re working on it. No, on expedite. We will get to it when we’ll get to it”. I called them multiple times and they don’t really help. I’m on Leave of Absence (unpaid) at my job now. Maybe try to setup that, at least you will have benefits.
That is really awful – I am sorry to hear it. I guess it is good that your employer is holding your job for you, but these long wait times are a total disgrace. Take care, Jason
Jason,
How well is the Arlington office handling the LIFO cases? What percent of new cases are getting interviews?
It seems that not too many LIFO cases have been interviewed lately. They have now started to have applicants, lawyers, and officers in the same room, and so this will probably increase capacity and so maybe in the near future, we will see a larger number of LIFO cases get interviewed. Take care, Jason
Hi Jason
I have a pending C08 EAD renewal (from California) which was filed July 15, 2021. I filed on paper.
Its case number starts with IOE and when I googled the service center code, it says
IOE – USCIS Electronic Immigration System (ELIS).
So, how can I find out the service center so I can get an estimate on how long it might take for my EAD renewal? Also, in some forums, it says IOE is much faster than WAC or LIN and other codes. Do you have any experience if it’s true?
I am also in California and I applied for my EAD renewal on MAR-30. My EAD Expired on SEP-23rd and I am currently working on the 6 months Extension. My Receipt also starts with IOE and my EAD is being processed at Potomac service center but I don’t think it is much faster.
You can create an online account at uscis and you will find where your EAD is being processed.
It also mentions Potomac service center on the bottom of my extension letter I-797C
I really do not know, as I do not pay close attention to the receipt numbers and how long they take. In my experience, most EAD renewals take 5 to 7 months or maybe a bit longer (and of course, some cases are outliers and take even longer). Maybe someone here has paid closer attention to this issue than me. Take care, Jason
Hi Jason…
I applied to renew my EAD. I received the letter from USCIS . But it’s a mistake in my last name . The last letter..I don’t know how to fix that bc my employer needs to see the EAD to keep me working.. tried to calk the number in website but it’s only automated machine.. what to do pls? Is a good idea to file a new application?!
Please advise me
Appreciate
L.F
Try the USCIS number or your local adult office
When you call USCIS say “info pass”.. someone here had shared this tip earlier and it worked for me to talk to a real person
Usually local asylum office can help with ead
Rest Jason knows best
There are a number of hacks to try to get to a real person – this one is worth a try. Take care, Jason
I would try to call again. Also, under Resources, there is a link called USCIS Help – maybe that would help. In addition, I would send them a letter with a copy of the receipt and stating that there is an error in the spelling. Send it to the office that sent you the receipt and make sure your receipt number is also on the cover letter. – hopefully that will help. Take care, Jason
Hello Jason
I’ve been recommended to you by a good friend. I tried to reach you via your phone and left severals voicemail. What the best way to schedule an appointment with you?
Thanks
Maybe you have the wrong number, as I have returned all calls where people left me a message. My best number is 202-328-1353. Better yet, send an email and let me know what you need: JDzubow@DzubowLaw.com. Take care, Jason
Hi Jason. Thank you so much for all you do in this blog. I have some questions regarding my asylum case and EB green card options. My spouse is qualified to apply for green card based on EB1, currently on H1B visa. Question is: if I apply together EB1 as a dependent, do we both get green card once approved or I have to wait until she gets first? I have pending asylum case since 2017 and no interview has been held yet. If we can apply together for her EB1, does it affect her application negatively? Or its best that I wait until she gets green card on hand and apply as dependent? My current status is only pending asylum, but I lost my F-1 status last year. Does it block me to apply other types of green card in the U.S? Thanks again.
Best,
If she is in status, she can adjust status if she is approved for EB1 (H1b is considered “in status” for this purpose). Also, for EB1, she should be able to do premium processing, but I have not done that for a while, and so I am not certain, and so that would be fast. The EB1 case should have no negative effect on the asylum case, as long as everything is consistent. For you, since you are out of status for purposes of adjusting status (as asylum pending does not count as a status), you would probably need to leave the US and get your GC overseas. You could potentially do that based on her EB1 petition. Alternatively, once she has a GC, she can file an I-130 petition for you (though I do not know what the advantage of doing that would be, since it will take longer). If you cannot leave the US, you can wait for her to become a US citizen, and then you should be able to adjust status without leaving, but that will take 5+ years (emphasis on the “+”). There are potential exceptions to all this, so talk to a lawyer about the specifics to be certain. Take care, Jason
Jason,
My home country passport is about to expire after 6 years. What would be the disadvantages of renewing it with my home country’s embassy in usa.
If you are an asylum seeker or asylee who fears persecution by the home country, you may need to explain why they allowed you to renew it and why you chose to renew it. Many of my clients have renewed their passports with no problem, but most do not fear the government – they fear terrorist groups. If you do not fear your home government, renewing the passport should have no effect. Take care, Jason
Hi Jason,
A friend of mine has a similar issue. He has a green card (having come here as an asylum-seeker, then asylee, on LGBT grounds from Brazil). He’s had the green card for several years and wants to apply for citizenship soon. But sadly his grandfather is now ill and probably has little time left. Most USCIS options will take too long. Do you forsee any problem with him getting a new passport from the Brazilian embassy? I think he can make a good explanation for why he had to do it, obviously. Thanks for all your work and empathy, as always.
An lgbt case from Brazil succeeded ?
Congrats, but I am a little surprised.
https://en.wikipedia.org/wiki/Gay-friendly
In here, Brazil ranked 40th in terms of social acceptance and treatment of lgbt, not that bad, given that the U.S. is 31st. Does the country condition warrant a grant of asylum ? Because in my practice, there are lgbt cases from lower ranked countries get denied. Mexico ranks 40th as well, but a lot of lgbt cases are denied as well. Is there something I am missing here ?
In the words of a well-known asylum advocate, no country is safe for everyone all the time. Without knowing the specific facts of the case, we cannot know why asylum was granted, and it is easy to imagine scenarios where a gay person would qualify for asylum from Brazil – particularly if the person suffered “past persecution” on account of their sexual orientation. Take care, Jason
Thanks for the advice Jason.
Do you think that somebody who didn’t suffer persecution should withdraw their asylum application from countries ranked above or lower than Brazil ? My opinion is that if it’s hard to win an asylum case, it’s better not to waste government and private resources.
That is not my opinion. Even if a country is generally safe for most LGBT people, it is certainly possible that some LGBT people are not safe or have suffered past persecution. More generally, I think country conditions are only one factor in an asylum case, and so whether a person qualifies for asylum (or should apply for asylum) depends on the country conditions and also on the specific issues that the person is facing. Take care, Jason
and ask for voluntary leave/departure instead of potentially…being removed forcefully to country of origin.
LGBT, winning asylum has nothing to do with what some unofficial source’s ranking of a country’s LGBTQ+ tolerance is. Asylum approval or denial is done, for the most part, on a case-by-case basis. In fact, two applicants can be from the same country- they could even be related- and one loses and the other wins at the asylum office. Winning asylum is all about the uniqueness of the facts, the amount of evidence you provide, your witness statements, how widespread the persecution is, how much your government is ABLE and WILLING to help you, whether or not you can escape persecution by internally relocating, how much you suffered (past persecution) and if there is a possibility that you will be persecuted if you are refouled, how distinct the persecuted group is in that country and whether they are seen and treated differently, among other factors.
And, before you mention this, a country hosting a large gay pride parade doesn’t mean there is a high level of tolerance towards LGBTQ+ people. Nor is the absence of anti-LGBTQ+ laws. As well, marriage or adoption equality doesn’t mean that the general population has a high tolerance for LBGTQ+ people, or that persecution against LGBTQ+ people is not widespread. The source you are using erroneously used some of these publicly available information to rank countries. In Brazil, for example, discrimination and sexual abuse against LGBTQ+ people, particularly gender non-conforming or trans individuals, are widespread. And, in some instances, the government (police especially) is the culprit. There is also corruption and the underreporting of violence and discrimination against LGBTQ+ people. Did your source dig deeper into these cultural realities so as to divulge the nuances as it concerns levels of tolerance, or lack thereof, towards LGBTQ people in Brazil, or did it just skim the surface, so to speak, using information that is online?
The issue here is that we are giving too much weight to these unscientific and unreviewed articles, sources or “research”. Can they truly quantify cultural tolerance to members of a particular social group and then make a comparison between other countries without doing so scientifically? What methodologies did they use? Where did they get their information from? Did they interview people from the countries (both persecutors and persecuted) that they ranked? Did they interview people from human rights organizations? These are just a few of the questions I’d start with; it’s much more complex than this.
I just need to gather some feedback in guiding some decisions. Don’t take it personally.
Welcome back @lgbt
The person in question was assaulted outside of a gay bar and police were on hand and did not offer any protection and in fact supported it.
Does that help you.
If your understanding of the realities of anti-LGBTQ discrimination is limited to a list on Wikipedia you have much more work to do and are missing a lot.
I’m a gay US citizen and there are many places in the US I still would feel unsafe traveling to. Open your eyes.
And that’s considered persecution ?
Wow…
But thanks for letting me know. The more I know, the better guidance I have.
“Wow”?
i’m assuming you’re just a troll given your lack of knowledge, empathy and support of police/state violence.
I doubt that would cause him any issues with USCIS. I presume he does not really fear harm from the Brazilian government, but rather from community members or maybe family members. If so, getting a passport should not create any issues (and even if it does, he should easily be able to explain). Returning to Brazil is another matter – he would need to be careful doing that. I did a post about returning to the home country after a grant of asylum on January 6, 2016 and maybe that would be useful. Take care, Jason
I am also interested in the question.
Some asylum seekers, although they fear returning to their country of origin, but may still have some need to return to their country of origin.
So…in this scenario…is or is not…a granted asylee…eligible for U.S. embassy protection ? If U.S. embassy protection is available, could it be easier to explain that…this individual returned to their country of origin…because…protection is available, so persecution is not possible ?
Thank you Jason! I am passing this along to him. It is strictly health-related. I have sent him that post, as well.
I’m glad you mentioned this Jason! Asylum seekers are going through so many sorts of torture and I do not know when the mess will be over. I was talking to my lawyer about my last cancelation that is not even rescheduled yet and she said her office is reconsidering getting new cases in court because last minute cancelations are just not arranging anybody. They have so many cases without hearings and it taking years. I don’t know whether we should keep blaming COVID or the system? Sad!
Even if it is Covid, they should have adjusted by now. I did not write about it here, but they sometimes randomly advance cases, and so a person could be scheduled for a case with little notice, not enough time to prepare, and may not even get the written notice about the new date – this is just as bad as cancelling cases, which happens all the time. If court schedules are unpredictable, it negatively impacts due process of law. Take care, Jason
Hello Jason,
Thanks for what you’re doing for the Asylee community. I wanted to renew my employment authorization by myself and I am not sure where I should send my application. I live in Kansas City, which office do I need to mail? Thanks in advance!
You have to check the Direct Mailing Addresses page for form I-765 at http://www.uscis.gov. It depends on the type of application (the category you are filing under). Take care, Jason
Hi Jason,
Thank you for this great blog! We applied for asylum back in 2015 from Virginia, had my interview in 2017 and it is still pending since then!:( I applied for travel document around 10 months ago (Texas office) but still nothing. I’m so depressed I really miss my family and can’t believe that it’s been 6 years since I last saw them!! I wanted to try and reach out to the congressman, does that really work? If yes how can I do that?
Thank you!
You can reach out to Congress – there is a link under Resources called House of Representatives and another called Senate – you can use those to find your representatives. Each office has someone who assists with immigration cases, so you just need to reach out and they will put you in touch with the right person. I do not know that they are super-effective, but maybe they can help and there is no harm in trying. You can also open a case with the USCIS Ombudsman (a link is also under Resources) – they sometimes help with delayed cases, and are more likely to be useful for the travel document than the asylum case. Finally, I did a blog post on June 2, 2021 with ideas for dealing with delayed decisions – maybe that would be helpful. take care, Jason
Hi Jason & community,
For those with pending I-485 Asylum Based,
I wanted to let you know that today ASAP has forwarded our letter to DHS secretary, USCIS Director, and other USCIS officials. Now we sit tight and wait for an answer and hopefully some attention to our backloged cases. Join our chat if you are an Asylee awaiting Green Card https://t.me/joinchat/k8Ecc-pxXdE3MTkx.
Best Regards,
Pika
Nice….Great job
Great. What is truly needed is a class action lawsuit.
Take care,
Cordy, you are absolutely right! Not only a class-action lawsuit but also a court-mandated investigation into USCIS’ dereliction of duty and improper and unethical practices. And no, COVID is not to blame as there is evidence to suggest that some USCIS processing centers- particularly the one in Texas- have a tendency, even before the pandemic, to unfairly process/adjudicate applications for work permit, asylum, and asylum-based I-485 applications. Two of my friends are waiting for almost 4 years for their GCs based on asylum (they are at TSC). To the best of my knowledge, their cases are straightforward. This is the story of many asylees and asylum applicants.
Jamie,
Totally! The actions of USCIS at this point could be classified as illegal. I will even go as far as saying the Biden’s administration top immigration officials are comfortable with the status quo. I stopped listening to the big words and sympathy from Mayorkas, Jaddou and others. The reality is, things got worse under their leadership. Don’t talk to me about Covid blah blah blah. It’s one thing to be openly anti immigrants. It’s another to make promises and when you’re in charge, your actions are in contrast of your words. Just look at how this administration is fighting in court to preserve some of the former guy’s policies. . At this point, I hope, I’m confident, they will listen to our pains in the midterms and in 2024. We shall see.
Hi Jason
Thank you for everything !
I have submit an inquiry with USCIS for form I -730. I received an email from them saying « your case is in line for processing and adjudication » What does it mean?
To me, that sounds like a standard response and is not very meaningful. You can check the processing time at http://www.uscis.gov to see whether you are still within the normal time frame. If not, you can call or submit another inquiry. You can also submit a request to the USCIS Ombudsman – a link is under Resources. Also under Resources is a link called I-730 Family Reunification Manual, which has ideas for helping with delay. Take care, Jason
Anyone got approved REFUGE TRAVEL DOCUMENT in Nebraska Service Center?
If you did can you post what time you applied and approved.
I applied in May still waiting.
It’s been a little while for us, but I think the most recent RTD we got took maybe 6 to 8 months – it used to be faster, but everything is very slow these days. Take care, Jason
Hi KRSO,
I also applied on May 20, 2021, and still waiting. You are not alone!
May 1st and still waiting. Really frustrating
You got approved ? if not can you reply once you have approval please
I applied in March and my case was at NBC in June they transferred my case for a travel document to Nebraska and no action has been taken since…
How can we share this article with as many as USCIS employees as possible. They need to to know that their delays are ruining people’s lives. Not only in courts but also in their regular form processing times.
One time I applied for an expedited travel document because my father passed away and I needed to travel asap, I also sent them a copy of the death certificate. USCIS replied by rejecting the expedite request stating that even though my case was “critical” I do not qualify for an expedited travel document. Their response means that an “officer” actually red my request and decided to deny an expedited travel document to a person who’s father passed a way and needed to go and see his family immediately. Ironically, this “trained officer” with this horrible judgment might be taking decisions on cases that are more serious and he can do a lot of damage in people’s lives.
I am from a 3rd world country and I have been in many bad places and courtiers. I have to say I have never seen or dealt with an agency that is worst and less efficient than USCIS. They have no hope regardless of their leadership.
From info pass appointments and talking to officers through out the years, I noticed that most of the employees of this agency are bunch of prevailed people who think they have power over other people (which unfortunately they do) and it is driving their ego through the roof. During my 8+ years dealing with USCIS, I only encountered ONE officer who had common sense.
Its too broken to be fixed
The system really is a disaster. Your story reminds of my client who wanted AP to visit her sick mother in the hospital in a third country. She had proof of the hospitalization, but the doctor did not say that she was near death (or whatever USCIS wanted to hear) and so USCIS decided that this was not a humanitarian reason for the travel and denied AP. In other words, her mother was in the hospital, but not close enough to death that USCIS could approved travel for the daughter. Cases like my client’s and yours are a real disgrace. The only reason these people can make such decisions is because they do not have to look you in the eye or even justify their decision to a neutral observer. It is a form of cowardice. We can hope that new leadership will begin to improve things, but as of now, we are still waiting. Take care, Jason
Hi Jason. Thank you for the great work you are doing.
It’s a tragedy. The system is only geared for one ending. A sad one. You can only see your loved ones for the purpose of witnessing their death. Seeing them for any other reason is not entertained. Take Care.
The worst part is, it is totally nonsensical. Why should an asylum seeker need a “humanitarian” reason to get AP? Why should the asylum seeker need AP at all? They should be able to leave and return to the US using the asylum receipt. If they use their passport or go to their home country, that would need to be explained for purposes of the asylum case itself, but I see no reason why asylum seekers should be imprisoned in the US while they wait for their cases. I suspect that the issue is that asylum was not meant to take so many years. These days, it almost always does, and so USCIS should make the bureaucratic changes needed so that people can survive the wait. Take care, Jason
@Sam, you can share it to USCIS and USCIS Director on Twitter. Follow Jason on Twitter as well as he posts every article on his Twitter page too. Retweet it to whoever USCIS official or USCIS page you want. The only thing is…. I really hope they care enough to read it!
Good luck & don’t give up 🙂 !
Regards,
Pika
Sam, I am sorry to hear this. I still maintain that USCIS and the EOIR have a lot of employees that have personal biases. Unfortunately, this is something that we seemingly can’t avoid- especially since the officers and judges are given free rein to arbitrarily and wrongly deny applications, or severely inconvenience the applicants, without ever being scrutinized or held accountable. I still believe that USCIS and the EOIR need to be investigated and audited by an independent team.
While I think there is personal bias – especially in court – the instructions from the top matter a lot. Currently, as far as I can tell, the Asylum Division is still very focused on fraud, even where it is clearly not an issue. I believe this is due to a decision by management. If the fraud questions are no longer required for each case, most officers will stop asking them. This will save time. I think the same principle applies across the board – it does not work in every case, but generally, if management makes a decision, the employees will try to implement that decision. Take care, Jason
Jason, the idea that the fraud unit is to blame is certainly plausible. However, it doesn’t explain why there are so many inconsistencies. For instance, TSC is taking more than 3 years, in many cases, to process asylum based GCs while the Nebraska Service Center is taking about 1 year (give or take). As well, it seems like each asylum office/officer has their own set of rules when it comes to adjudicating asylum cases. The decisions can be wildly inconsistent. The time it takes to issue a decision can also be very inconsistent, even when the cases are almost the same/similar. I have literally seen a family of 4 applied for asylum (they experienced the same persecution and lived in the same town/city) and one member got approved and the other referred to court. One is still waiting for an interview. I am not sure about the 4th. I’ve also seen families who have been granted asylum together getting their I-485 decisions at very, very different times. Please tell me how this makes any sense.
It could also mean that TSC is referring all their asylum-based I-485 cases to the fraud unit for further vetting and the one in Nebraska is taking all their I-485s at face value. But, if my memory serves me right, the Trump administration had requested that 10% of the cases go to the fraud unit (I could be wrong with the percentage, though). It seems, however, to be 100% of TSC cases being sent to the fraud unit (which would be stupid and counterproductive). In any event, something is not adding up. It’s only a matter of time before I am proven right.
I certainly do agree with you that the TSC needs a top to bottom audit to improve that office. Take care, Jason
It makes little sense, except that different adjudicators do things differently. I do not know how resources are distributed between offices, and maybe that is a factor. Whether and when things will start to improve, I guess we shall see. Take care, Jason
And @Sam I wanted to tell you I am sorry for the psychological pain you went & probably still going through. Noone deserves to be treated with complete disregard like you were – by anyone, including USCIS employees who are getting their paychecks from our filing fees & our tax dollars. I feel that once USCIS employees get to work – they leave their souls at the door – total lack of compassion to another’s misery and suffering is not normal. We are all humans and our hearts bleed one color, no matter where we come from or skin color. Your story with loosing your father and getting denied Expedite RTD is completely heartbreaking 💔, sorry for your loss and may he Rest In Peace. Try sharing it on Twitter to USCIS officials – maybe someone will find a drop of humanity to read and understand the damage USCIS is causing to our lives. I for one, wish I knew from the very beginning (almost 10 years ago) what I am signing up for when I did seek asylum here in the US. Because years of agony, anxiety & depression were not on my list for sure. I Be strong & never give up!
Sincerely,
Pika
Sadly, it is very easy for them to deny cases, as they never have to look the person in the eye and say “no”. If they had to do that, and if they had to justify their decisions to a neutral observer, I suspect that they would approved more cases and would try to be more timely. Take care, Jason