This post is by Jim Feroli, an attorney with Immigration Legal Services (ILS) of Catholic Charities, Washington, DC. He has worked with ILS since 2014 and helps to manage the pro bono program. He focuses on asylum, U Visa and VAWA cases, and removal defense generally. He has also represented immigration clients before the Board of Immigration Appeals and U.S. Courts of Appeals.
I’m a movie fan. If you haven’t seen it, I recommend the film Gladiator. Russell Crowe stars as Maximus, a Roman general who is betrayed, sold into slavery, and forced to fight in gladiator matches. The movie has some good action scenes and strong acting by Crowe and Joaquin Phoenix, who plays the demented and cruel heir to the throne. It’s about persistence, redemption, and the human spirit and is worth a watch on Netflix.
As an immigration lawyer, I wondered would Maximus, as a slave in ancient Rome, qualify for membership in a particular social group? I’m sure most people watching the film had the same concern. My answer is yes. Maximus’s status is immutable. Slavery in this context is both a status and a condition. As much as Maximus may want to change his status, it is beyond his control. By chance he could be emancipated, but more likely, he will die a slave. Being a member of the group of slaves is also particular. It is distinct and the borders of the group are clear. There is a strong contrast between persons who are slaves—and thus private property—and those who are not. Generally, people should understand if they fit within the group of slaves or free persons, in this case Roman citizens. Lastly, the group is socially distinct. Legally and economically, society recognizes slaves as different. They are deprived the rights to participate in civic life and may be bought and sold by others. Certainly, a runaway slave should qualify for refugee status and not be returned to face additional persecution.
While the case for slavery as a particular social group for Maximus seems clear, the grouping suffers the fatal flaw of circularity. The BIA and courts of appeals have held that a particular social group cannot be defined by the harm feared. As stated by the BIA in a footnote, “the social group must exist independently of the fact of persecution.” Matter of M-E-V-G-, 26 I&N Dec. 227, 236 n.11 (BIA 2014). The Fifth Circuit has relied on this principle to reject the reasoning of Matter of A-R-C-G-. The court held that the group “Honduran women unable to leave their relationship” was impermissibly defined in a circular manner. “The group is defined by and does not exist independently of the harm – i.e., the inability to leave.” Jaco v. Garland, 16 F.4th 1169, 1178 (5th Cir. 2021). The “decision hinged on the inherent circularity involved in defining a particular social group by reference to the very persecution which it flees.” Id.
Where would that leave Maximus? If his group is defined as slaves in ancient Rome, isn’t it defined by reference to slavery, the same persecution that he is fleeing? Perhaps the problem is rhetorical and you can reconfigure the group as persons in Rome treated as private property. The Fifth Circuit rejected similar reasoning, noting that “because the inability ‘to leave’ was created by harm or threatened harm” the group was impermissibly circular. Gonzales-Veliz v. Barr, 938 F.3d 219, 230 (5th Cir. 2019). In Maximus’s case, either slavery or the status of private property are enforced by violence or the threat of violence and thus, according to the court, circular. And yet the notion that a country would deny refuge to a person fleeing slavery seems inherently wrong.
Circularity in this context fails to distinguish past and future persecution, a distinction central to U.S. asylum law. Maximus is a slave who escaped slavery and if returned would face punishment as a runaway. The statement and circumstance are not circular. Past persecution is distinct from future persecution. Courts should not rely on notions of circularity that collapse the distinction between past and future persecution. The Attorney General has stated that if “a group is defined by the persecution of its members then the definition of the group moots the need to establish actual persecution.” Matter of A-B-, 27 I&N Dec. 316, 335 (A.G. 2018). But that is not true in the case of a well-founded fear of future persecution. The applicant would still need to establish a likelihood of future persecution independent of any reference to past persecution in a particular social group definition. It may be circular to say that I suffered past persecution because I am part of a group defined by the persecution it suffered in the past. But the same cannot be said of future persecution. Another example is the case of a woman who suffered rape in a society that blames the victims of rape and where honor killings are prevalent. It is not circular to say that as the victim of rape, the woman faces some likelihood of future harm. The example presents a linear cause and result. Past harm is distinguishable from future harm.
The idea that a particular social group can be defined in part by past harm is unremarkable. The Fifth Circuit relied on a footnote for the proposition that a social group must exist independently of the fact of persecution. The BIA, however, has never applied an absolute prohibition. To the contrary, the BIA holds that past harm can be an important part of determining social distinction. “The perception of the applicant’s persecutors may be relevant, because it can be indicative of whether society views the group as distinct.” Matter of M-E-V-G-, 26 I&N Dec. at 242. Thus, the group of former employees of the attorney general’s office, “may not be considered a group by themselves or by society unless and until the government begins persecuting them.” Id. at 242-243. The risk in using persecution to describe the particular social group is that it may be conflated with nexus. “Because the persecution of members of a particular social group can be a factor (but not the sole consideration) in determining whether the group is recognized as a distinct group within the relevant society, the question whether a cognizable social group exists may improperly be conflated with” nexus. Matter of W-G-R-, 26 I&N Dec. 208, 223 (BIA 2014). For this reason, persecution may be one factor but not the only factor. The “persecutor’s perception is not itself enough to make a group socially distinct, and persecutory conduct alone cannot define the group.” Matter of M-E-V-G-, 26 I&N Dec. at 242.
The group of married women in Guatemala who are unable to leave their relationship is not defined exclusively by persecution suffered in the past. It is also defined by gender, nationality, and familial status. Guatemala, married, and women are important characteristics of the group. To date, the Fifth Circuit has specifically declined to consider the group of Honduran women viewed as property because of their position in a familial relationship. Jaco v. Garland, 16 F.4th 1169, 1175 (5th Cir. 2021). In Matter of A-B-, Attorney General Sessions asked for evidence “that her ex-husband attacked her because he was aware of and hostile to married women in Guatemala who are unable to leave their relationship.” Matter of A-B-, 27 I&N Dec. at 339. Attorney General Barr asked “whether there was any evidence that the respondent’s parents bore animosity toward other Salvadoran females….” Matter of A-C-A-A-, 28 I&N Dec. 84, 94 (A.G. 2020). These questions don’t recognize the nature of private property. It’s okay to destroy your own property but a different thing to destroy someone else’s property. Thus, it is not surprising that the persecutor’s animus in each case is directed only at his own “property” and not against any other women.
Does any of this help Maximus? As a slave in Rome, his group is still largely defined by his experience of past persecution. In Matter of Toboso-Alfonso, the BIA distinguished between status and acts or conduct. In 1990, at the time of the decision, some states had laws criminalizing gay relationships. Four years earlier, the United States Supreme Court had found these laws constitutional. Considering the case of a gay man from Cuba, the Board was faced with the dilemma of basing a particular social group on “criminal” conduct. The majority decision distinguishes between status and acts: “The applicant’s testimony and evidence, however, do not reflect that it was specific activity that resulted in the governmental actions against him in Cuba, it was his having the status of being a homosexual.” Matter of Toboso-Alfonso, 20 I&N Dec. 819, 822 (BIA 1990). Maximus can benefit from similar reasoning. His status as private property is distinguishable from the harm inherent in slavery. Ultimately, it’s his status as a slave that makes him vulnerable to future harm and eligible for relief.
Jason
I did ask a question on this topic forum, and I do not see my question posted here now, was it taken down?
Regards
I rarely take anything down, so I don’t think so – maybe try re-posting, sorry. Take care, Jason
I have professional license (in more than one State) in one of the healthcare field which is eligible for EB2 visa. My asylum application is pending since summer of 2016!!
I have few questions
1. What is the best way to find employer to sponsor me? I already have job with one big company but afraid to ask for sponsorship as their management hierarchy is insane and decision making takes longer
2. What type of lawyers can help on this?
3. Is there any success story on getting green card this way?
Thank you,
SORRY I mean HB1 visa!!!!
In this case, unless you are currently in status (and pending asylum does not count), I think you would need to leave the US – INA 245(K) does not apply to getting an H1b. However, you can talk to a lawyer to see whether there is any path for you to get the H1b without leaving, or whether it might be possible to leave the US, get the H1b, and return. Take care, Jason
I think you first need to determine whether you are eligible to get a GC without leaving the US, or whether you have to leave and whether that is possible. I did a series of posts about this on August 28, 2018 and September 6, 2018, and maybe those would help. But you also need to talk to an immigration lawyer who is familiar with EB-2 cases. You might ask whether the lawyer has done a case for someone in your situation (presumably you are now out of status and this makes is very difficult to change status without leaving the US; maybe it is possible under a section of the law called INA 245(K), but you need to ask a lawyer about that). Assuming you think there is a path for you, I guess you will just need to look around for an employer willing to help. I do not know of any particular forums for finding employment under these circumstances, but maybe a healthcare placement agency would know about that. In terms of success, I have heard from commentors on this forum that people have gotten a GC after being out of status (based on 245(K)), but aside from that, I know of no examples and have not done such a case myself (if you are still in lawful non-immigrant status, such as F or H1b, it is much easier to get the GC without leaving the US). Take care, Jason
Dear Jason, you are so amazing!!
I wish you and your family a Happy and Prosperous New year full of joy
Thank you and Happy New Year, Jason
Hello Jason,
Me and my husband have applied for GC in Dec-2019 based on “asylum granted over 1 year ago”, however there have been no progress after the fingerprints take. I’m trying to determine the wait time per “Historical National Median Processing Time (in Months) for All USCIS Offices for Select Forms By Fiscal Year” page which refers to FY columns, but doesn’t specify whether the year stands for an application receipt date or the year when the decision was made. The wait time increases drastically year over year. Would you happen to know which date they’re referring to?
Thank you very much and Happy New Year,
Sasha
I do not know that, and it seems like the wait times are very variable (you can check processing times at http://www.uscis.gov), so whatever the “average” time is may be of little value to you. I did a post about expediting with USCIS in January 2020 – if you have a reason to expedite, maybe you can try that. Take care, Jason
Hi Jason,
I have a question regarding my pending asylum case. I applied for asylum along with my husband and kids ( I am the main applicant)in Jul 2016 till no interview and renewed my EAD for 3times, recently I got a divorce on domestic violence based( have a restraining order against him) and have been diagnosed with PTSD can this will be the reason for expediting my case?
Thanks for your help.
You can try to use that as a basis to expedite. I wrote about expediting on March 30, 2017 and that provides more detail about the process. Good luck, Jason
Hi Jason,
I got a letter from USCIS in May 2021 regarding my one year bar issue and they asked if I would like to waive the interview with the asylum officer. I chose to proceed with the interview at the asylum office instead of with a judge so I didn’t return the letter with my signature like what they instructed. However, I haven’t heard back from them since then. It’s been 7 months so far. Is it normal? Also, when I get the interview schedule, do I have to send my documents to the office in advance or just bring it with me? Thank you!
It is normal, though in some cases, after they send that letter, they schedule an interview. I think they were doing this in the hopes of increasing the number of cases that were denied, and maybe they are less concerned with denying cases under the new Administration. In any event, we have received that letter for our client and then not received an interview, so as far as I know, it is pretty normal. As for additional evidence, that must be submitted in advance of the interview depending on the rules of the local asylum office. Most offices want 2 copies of the evidence, and most offices want that submitted at least one week in advance. We normally submit one copy of the evidence by mail after the interview is scheduled and we bring a second copy in person when we attend the interview (since it is somewhat common for them to lose documents we submit by mail). Take care, Jason
Hi, friends. It seems there is a lot of delays in terms of EAD renewal.
Would any of you like to share your timeline, and are you able to receive your renewed card before 6 months past your original one ?
Depending on whether this is common or rare, I have different plans. So I would like to gather more data points to help me make a decision.
Thanks !
We are hearing that the average renewal time for an asylum-based EAD is 10 months. Take care, Jason
Hi, Jason and everyone here,
Can you please share timelines for the ead applications, mine hasn’t changed/updated for 40 days now, I’m reading other people’s posts and comments on various forums it it looks like processing times on the uscis website don’t reflect the actual data. A lot of people are saying that their ead cases are outside processing times, they have tried to expedite, opened service request and etc but no reply. And recently judge denied ASAP court case to force uscis process eads faster, it’s just devastating how no one cares about us.
I think renewals are now taking in the range of 10 months, which is ridiculous. I have not looked at the judge’s decision from San Francisco, but I read the highlights and that judge seems completely out of touch with reality. Take care, Jason
Hi Irina,
Unfortunately, situation is pretty upsetting. My and my partners EAD 6 month extensions expired in mid November. Applied in February 2021 and still nothing. Submitted 3 expedite request, only one of them got processed and was denied.
I think judge’s decision is just ignorant. Of course it’s not emergency for her. Why would that be. I wonder if I can apply for unemployment while I’m waiting on the card? Anybody knows?
Following, does it really take this long ?
It seems a lot of people are experiencing long delay in their EAD extension. But…it’s just from here, the data points I gather from another forum, they usually have their EAD issued within 2-3 months…Is this delay country-specific ?
I don’t think it’s country specific. I’m from non Muslim country and it’s my 4th time renewing EAD (waiting from interview since late 2014). In the past renewals were issued withing 2-3 month unlike this time. What’s other forum you are referring to?
Hi,
I think it also depends on the category, c9 c8 c33 and etc, some of them should take 3-6 months based on uscis website but there’re a lot of delays. Could you please share another forum where you gather data?
EAD delays are very long now. The only cases we see where the wait time is 2 or 3 months are for initial asylum-pending EADs or maybe for EADs under certain other categories (not asylum). Take care, Jason
It’s an ethnic forum that doesn’t use English to communicate.
Hi, Jambalaya
Sorry to hear that, you should have received ead long time ago, have you tried to open a service request,reach ombudsman/congressman? Apparently they’re denying expedite requests right and left, no one cares. Judge in the ASAP case said that being out of work for 1 month is not long enough to force uscis approve cases faster (((
I remember when I’ve applied for unemployment during covid shutdown, department of labor sent me a letter asking for the valid proof of work authorization, I had to mail a copy of my card, so not sure if we can apply for unemployment with an expired ead.
@jambalaya
Applied for ead on mar30 2021, ead expired in SEP, now working on extension. it has been 9 months now waiting for new ead. The judge who issued the decision is completely ignorant of the situation. very sad.
@Alina,
what is your processing center? Potomac is worse than other centers, Nebraska seems much faster.
yes it is potomac unfortunately. my extension will expire in 3rd week of march so i am worried as well.
@IRINA Timeline: next week is 11 months since I applied. They’re expediting only health workers EADs now.
Hey, @SW, I guess 11 months is long past your automatic extension ? I feel I might be in the same situation soon. How have you been able to survive since 5 months before ?
@SURVIVE it’s a third week after my extension expired. Paid my rent in advance and going to pay the rest with my credit cards.
Thanks
Dear Jason,
I hope you are doing well. I am an asylum seeker who recently married a US citizen. I’m considering to apply for marriage based CG. But there is some costs. First, although I moved to NC from NY, I did not notify USCIS. I understand it is a violation, but moving my asylum case will increase the waiting time for the interview. Moreover even if I file for marriage, I still don’t want to move the case, because my spouse is a bit impulsive and I’m afraid that she may break up with me within 2 years, before I receive a permanent green card. In that regards, I would like to ask the following.
1. How important is the fact that I did not notify about the move for the results of the future interview for asylum?
2. If I will apply for permanent residency based on the marriage from NC where I moved after I married my spouse, will my asylum case be automatically transferred here from NY?
3. If my spouse decide to break up with me after I got 2-year GC and before I apply for 10year GC, what are my chances of getting a waiver and eventually got 10-year GC? I mean, I’m indeed in fair relationship, thus assume that I can collect any evidence to proof that my marriage is fair.
Thank you, Tom
P.S. Do you accept new clients for asylum and marriage based CG applying?
1 – I think you should file the change of address. It is required and I do not know that it will cause additional delay. Also, your address on the asylum case should be consistent with your address on the Green Card case. Typically, if a person gets called for an interview and they live somewhere else, the asylum office will cancel the interview and send the case to the new office, which does cause significant delay. 2 – It will only be transferred if you file the change of address, but you should do that since it is required. 3 – We have dealt with that issue several times and each time the person got the GC. Make sure you have evidence of the relationship, and save all that so you have it if you need it. If you do split up, you will need a lawyer to assist with the process of getting the GC, as it is pretty tricky, but it is possible. As for me, we do marriage based cases pretty regularly. You are welcome to contact me if you’d like. Take care, Jason
Thank you! Yes, I will contact you in New Year! Happy holidays!
Hi Jason!
National benefit center is processing my I485, but when I tried to check their processing, the uscis website does not show their location to choose. How you can check their processing time please?
I do not know as the NBC is not listed on the processing times web page. We are seeing these case take around 2 years, so that my be similar for you. Take care, Jason
Hi Jason
Thank you for everything. Your posts have helped me a lot to learn a lot of minuscule details on my own case.
I was approved by EOIR and after waiting months, I finally got an appointment at the local USCIS office, post judge order.
Besides the judge’s decision, my ID, and appointment notice, what else should I take with me?
What can I expect tomorrow in the office? Will they provide I94 on the spot? What else should I be looking forward to receiving from USCIS?
Judge’s order, ID, and passport are usually enough. But you may want to bring two passport photos, just in case. They should give you an I-94 and process a new EAD based on asylum approved. Take care, Jason
Hi Jason,
Happy new year. Beginning of this month, I filed I730 for my wife who is in the US on a valid visa.
I am reading lot of horror stories here where I730 is just sitting there for years.
Yesterday, we received a later on my wife’s name that USCIS was able to reuse her fingerprint and she doesn’t need to go to a USCIS office.
Does this mean, the case is proceeding faster than normal or is it normal for them to do fingerprints first and then in a longer wait before decision?
ASYLEE,
I filled the petition i730 July 2019, I just got an update last week that my case is transferred to another office. The wait is a nightmare. At least you have your wife with you. My kids and wife… 5 years never seen them.
Thanks
USCIS is re-using fingerprints pretty commonly, and so that is normal. I think the processing time is 1 to 2 years, but you can find that at http://www.uscis.gov. I do think the communication from USCIS is a positive sign, but I do not think it means a decision is imminent. Hopefully, it will be relatively soon, though. Take care, Jason
Hi Jason, your reply raises a question in my mind as I am waiting for J1 waiver past 1.5 years, and I will reach out to you to get help to file for marriage based adjustment to US Citizen.
We are married soon to be 2 years, there is no sign to waiver decision anytime soon. Should I go ahead and contact you to file I130? Or wait till approval of waiver so we can file I130 and I485 simultaneously. Please also note my asylum case is pending since fall of 2015 with no interview as of now.
You can file the I-130 and the I-485 at any time, but if the waiver is denied, the marriage case will be denied too (and you will lose the filing fees). So it is up to you how you would like to proceed, but the more cautious approach is probably to wait to see whether the waiver is approved. On the other hand, that causes more delay in your case. Take care, Jason
Hi Jason,
Hope everything is fine and you had a happy holiday.I appreciate your great help in providing suggestions
I just finished my I589 interview after a long wait. the interview went well. Now when I checked my status it says my decision pending.,.Now my question is, does the officer who took my interview makes the final decision, or are there other members who make the final decision? during the interview the officer didn’t check the entire supporting documents. Is there a reason why he did not review all the documents? Is he going to go through it later? Does he discuss it with other members? By the way, my officer was very humble and kind.
Please let me know. Thanks.
Jhampa
Normally, the officer makes the decision and that decision must be approved by a supervisor. As far as I know, they do normally review all documents – at least that is what they should do. Often they seem to do that after the interview. There is also a security background check, and so it may take a while for the decision. Hopefully, you will get a positive decision soon. Take care, Jason
Thanks Jason.
Hi Jason
My parents have received 5 years visa twice and visited/ returned the US 3 times.
It’s time for my mom to renew her B1 visa.
Recently, my country changed laws to require national ID to renew passport. In order to get national ID, they require citizenship certificate. My mom’s citizenship certificate which was issued 42 years ago which doesn’t have my dad’s surname. So with the national ID missing dad’s surname, the new passport will also skip that surname.
So there will be mismatch between old passport and new passport. Old passport has Fname, Maiden Name, Dad’s Lname.
New passport will only have Fname, Maiden name.
Will there be any problem in visa renewal with her name change? They are legally married but due to incompetancy of government who forced her to take national ID based on 42 years old citizenship certificate issued prior marriage, she can’t add dad’s last name in either ID or passport.
Any thoughts on that?
Does she need justification on why name changed or anything?
The US embassy will still know it is her, and she might provide an explanation about the different name in her application. I doubt this will have an impact on her visa application, but there is no way to know for sure, as the consulates have a lot of power to do as they please when deciding to issue a visa. Take care, Jason
My I-485 application was transferred to local office a year a half after its initial submission to NBC. I haven’t submitted my medical exam with initial submission. Now, I am expecting to be called for possible interview or request for evidence. I plan to go ahead and complete my medical exam now as to be prepared. Given that the USCIS has recently waived the 60 day deadline of medical form after the civil surgeon signature, do you think it is a good idea to start completing my medicals now?
I think that is not a good idea. I would wait until they ask for the exam. Even though they have waived the validity period, that is temporary and may be revoked at some point. I have never had a problem for a client who had to do the exam after USCIS requested it, and I think any delay caused is minimal, and so I do not recommend doing the exam until they ask for it. Take care, Jason
Hi Jason,
I hope you’re having a great holiday.
Quick question – I just received notice that my case was transferred to another office. Has anyone received any?
I applied for an asylum based green card in March 2019 and still waiting. Texas Service Center.
Thanks
The TSC is very slow (you can check processing times at http://www.uscis.gov), but the transfer at least indicates that the case is alive. I do not think it helps predict when the case will be completed, though. Given how long you have already waited, it hopefully will not be too much longer. Take care, Jason
Hi Jason
My initial EAD application based on the approved TPS application was delivered to USCIS on the 13th of December.
To this day, I haven’t received the receipt nor the cheque has been cashed.
Do you know if that is normal nowadays to take weeks/months to process it and send receipt?
Is there something I can do to ensure if USCIS has the application in hand, just in case if my application was lost or something in the mail, although it says, it was delivered to their mailbox?
It may be a bit slow, but it is too soon to worry, especially given that the holidays tend to slow things down. If you do not have any news by mid January, maybe you should try calling USCIS, but I would give them a bit more time, as they will probably process the case soon. Take care, Jason
https://www.voanews.com/a/biden-s-first-year-brings-modest-changes-to-immigration-policy/6367512.html
and that’s a good thing, right ?
Hi Jason, Happy holidays and hope all is well with you, my wife and I were granted asylum in 2019 and applied for GC based on asylum in 2020 ( our application still pending ), furthermore my wife and I are filling up the I-131 travel documents based on our asylum status, and we came across an issue, I’m the main applicant in the asylum case and my wife is only dependent ( and there would be no risk at all if she travel back home as she was not mentioned in the asylum case at all ), after 8 years being apart from her mom and family who have not been able to travel to any third country due to some visa’s restrictions, hence my wife is planning to travel back home to meet her family after 8 years.
My question for you, do you think that there will be any risk having my wife return back home using the passport for the country of origin when entering home, and If It’s fine do you recommend sending any legal explanation along with the travel document application. And have you came across a similar situatiion where the client applied for travel document and they explicitly mentioned that they would visit thr county which the sought protection from and got approved by USCIS ” again Im asking for my wife who dont have any risk going back home abd she got her asylum as derivative”. Thank you
We have never mentioned the country of persecution when applying for a travel document, but if she does mention it, she should provide an explanation. I think given the facts you describe (that she was not part of your case at all), there should be no problem for her to visit the country. I do think she should be prepared to explain why she went and how she stayed safe there (basically, to see her parents and that you – not she – has a risk of harm there). I doubt she will need to explain, but there is no harm being prepared in case anyone asks her. Take care, Jason
The i131 application does ask where do you plan on traveling to. It asks if It’s the country you sought refuge from and provide a brief explanation and further explanation on a separate page along with your alien number information. I explained my intention is to visit my elderly mother and transfer some stuff into her name.
Yes, but you are not bound by that form to travel only to countries that are listed on the form. You have to be honest about your intentions at the time you fill the form, but if you are not sure, or if your plans change, you can travel anywhere, even if you have not listed those countries on the form. Take care, Jason
Application received, $220 extracted from account. No turning back now! Man, I wish USCIS was fast with processing applications the way they are with pulling money out of the bank account.
I am wondering if anyone has been interviewed from 2016 at Los Angles office without expiditing. I am really clueless with what will going to happen with all this backlog🤷🏽♂️ I hope we won’t all die here waiting for the interview, lol
@MANUEA my lawyer told me that 2-3 of his clients from 2016 got interviews in LA. I think it was in the beginning of 2020. And that’s it. I know some people from 2017 that are still waiting.
@SW, did these 2-3 clients make any expedite requests ?
@MANUEA; I filed in June 2016 in LA. Am still waiting.
@manuea,
I filed in Mar-2016 in LA and moved to San Francisco in jan 2021, still waiting for an interview.
I filed June 2015 in LA and have been waiting yet.I requested to expedite due to family separation and humanitarian reason but wasn’t approved. My single friend filed Dec 2017 in SF and has her green card.
I hope 2022 will be the end of the unfair immigration system to asylum seekers.
I’ve just read the article on immigration results after Biden’s first year.
It says: “ More than 40 percent of the asylum applications filed since October 2000 are still pending. Approximately 1.6 million applications were filed during that period, and hearings have not been held yet on 667,229 of them. Current wait times for cases in the asylum backlog average 1,621 days, which is nearly four and a half years.”
Now it hurts. No wonder USCIS hasn’t expedite asylum cases for a long time. I see some people waiting for 9-10 years already.
Maybe this refers to immigration court – these numbers make no sense to me. I think it is very unlikely that 40% of cases filed prior to 2000 are still pending. I have maybe 1 case (out of 1500+ cases I have done) that is from before the year 2000, and so that number seems strange. At the asylum office, the oldest cases I have are from late 2014 (with a few older cases that have been interviewed and are still waiting forever for a decision). Also, the current wait time for old cases is meaningless (I think) since those old cases are still waiting and getting older every day. The situation is a total disaster, that is clear, but I guess I would need to look more closely at these numbers since I am not sure they make sense, at least in my experience. Take care, Jason
Hi Jason,
I trust you and your family are having a great holiday.
I’m currently separated from my husband who is the main applicant. I’m due to apply for a EAD renewal soon. We live in different addresses with him still living in the address that’s currently registered with USCIS.
Should I put the address I’m currently living in or the old address in the application form?
Thanking you in advance
I think you could use your own address and that should be fine. However, once you are legally divorced, you are no longer his dependent and you lose your eligibility for a work permit. For that reason, you should file your own asylum case (assuming you are eligible) as soon as possible. Also, note that dependents are subject to the one year filing bar (I wrote about this on January 18, 2018) and you will be fine as long as you file for asylum before your divorce, but if you wait for more than 2 or 3 months after the divorce to file for asylum on your own, you may be denied asylum due to the one year bar. The safest bet in terms of the asylum case and any future EADs is to file for asylum before you are divorced and probably as soon as possible. Also, do note that there is a relatively new filing procedure when a dependent files her own case, and so check the I-589 filing instructions. Take care, Jason
Hi Jason,
I applied for asylum in 2016 and waiting for an interview. In the meantime, the country (Ethiopia) condition changed (the primary treat during that time is now becoming a rebel group). Actually, the fear of persecution is still existed but not from the previous people.
My question is: Can I change my case before the interview?
Will the officer challenge me why I changed my case?
You can change the basis of your case, and we have been doing this for our clients from Ethiopia (and other countries too). You have to submit evidence about the changes and update any other evidence (and affidavits). Typically, we only file new evidence after the interview is scheduled, as they often lose things that are filed before the interview date is set. You can gather evidence and have it ready, so that once the interview is scheduled, you can file it all at the same time. Take care, Jason
Happy Holidays Jason,
I am an avid follower of your blogs and do not miss anything, your blogs have helped me win asylum and green card and I am almost closer to citizenship now. I petitioned for my son and wife through i730 and came to the United States as follow to join, now they are green card holders. I have another child who was born in the United States who is a citizen by birth. My wife and kids are planning to travel to our home country which was COP for me. I am not traveling, my question is will it be an issue for my wife and GC holder son who is 6 yo when they return? Although my son will become citizen when I will become citizen as he will be 7-8 yo when I will become citizen. Will my wife be questioned at her naturalization or possibly at the border when she returns? Although as I said she came as follow to join Asylee. I need your help in assessing this situation before they go. Many thanks for your help
I have never heard about a dependent returning to the country and having a problem with USCIS, so it should be fine. However, they should be prepared to explain why they went and how they stayed safe. This is especially true if you stated in your asylum case that the whole family was in danger. Take care, Jason
Hello Jason,
After 22 months waiting for GC, I have decided to sue USCIS with an attorney. My asylum case was approved. I know the processing time is tough up to 42 months for TSC. But the law says that USCIS should answer me in a reasonable amount of time. DO you have any experience about this? or have you heard some story about this situation?
I have not done such a case, but it is possible. Before you sue, you have to “exhaust your remedies”, meaning, you have to try more normal channels. So call USCIS (800-375-5283) or make an online inquiry (there is a link under Resources called USCIS Help that has info about that) and open a case with the USCIS Ombudsman (there is a link under Resources). All of this is free and may actually help, and it should be tried before you file a lawsuit. Take care, Jason
Hi Jason,
I have been granted asylum in Nov 2019. I applied for a GC in Nov 2020. A receipt from the National Benefit Center was issued on January 2021. All what I know that the average processing times for GCs, at the time of the receipt, was between 1-2 years.
My question:
Are I-485 on the same average times? 1-2 years?
For whatever reason, USCIS does not publish processing times for I-485 at the NBC, so we really do not know. I think 1 to 2 years is probably optimistic, but we have been seeing most GC cases based on asylum take less than 2 years, at least so far. Take care, Jason
Jason, happy holidays! Thank you for your response. I believe I asked this before- which center is processing asylum based green cards in 1-2 years? Most of the cases at TSC are taking 2.5-3.5 years (some can be longer). Nebraska’s waiting time has drastically increased recently too. I suppose when you take the average waiting time for all centers it comes out to 2 years.
I am just making my best remembrance based on my own cases, which are mostly at the TSC. My info is a bit old though, as the most recent case (which took more than 2 years) was decided probably 3 or 4 months ago. I have other cases at the TSC that are in the 2 year range and still pending, so I would not be surprised if those took 3 years or more, but so far, I have not seen that and I have no cases at TSC that are currently much more than 2 years old. Take care, Jason
Hi Jason!
Hi to all.
Happy holidays!!
I was thinking a lot about how I can help with a reunion with my spouse faster than it’s been going on so far.
I am asylee, have been waiting for GC 2y and 2m. Is there a bit of chance to get a visa to my spouse, which I got married in the third country after I got asylum granted?
Your situation is similar like mine. I am waiting over 22 months. NO news from GC. I read that we can Sue USCIS to make the process faster.
Interesting, what are the chances that filing a lawsuit will speed up the process.
I was thinking about a tourist visa. Up until now, I was meeting my wife in third countries with Refugee Travel Document, but it has become difficult nowadays to claim a visa then renew the RTD every year, which processing time up to 10.5 months. I’ve been waiting for my RTD for six months now. So why she can’t apply for a tourist visa? We’re not interested in her staying here after a visa expires, just saying that now I have a decent-paid job and can cover all expenses.
A lawsuit might help. Before you sue, you have to “exhaust your remedies”, meaning, you have to try more normal channels. So call USCIS (800-375-5283) or make an online inquiry (there is a link under Resources called USCIS Help that has info about that) and open a case with the USCIS Ombudsman (there is a link under Resources). All of this is free and may actually help, and it should be tried before you file a lawsuit. In terms of a tourist visa, she can apply, though it may be denied if the embassy thinks she will violate her status and remain in the US. In any event, she can try and that might work. Take care, Jason
Your spouse can apply for a visa, just like everyone else. However, if the embassy thinks the spouse will marry you and try to remain in the US, they are likely to deny the visa. Some visas are more likely to be denied than others: B or F visas will likely be denied. H1b or L visas should not be affected. Either way, your spouse can try – sometimes, people get visas even when it seems unlikely. Take care, Jason
Hello Jason,
Happy Holidays 🎄🎉🎊
I recently received my GC through Asylum. I am planning to travel to my home country for shorter length due to some emergency. My asylum case is different and it is not from fear of persecution from my country. I have a following questions
1. What are your thoughts on it ?
To be on the safe side, Do I need to collect any documentation for my return ?
2. Am I gonna have any issue at the port of entry ?
3. My RTD application is pending with USCIS from last 7 months, did all the biometrics work for it.
Am I going to have any issue in getting the RTD while I will be outside the country at the time of issue ?
1 – I wrote about this issue on January 6, 2016. At a minimum, you should be able to explain (with evidence) why you returned and how you stayed safe. I do think there is some small risk to your immigration status, but if you are prepared to explain, the risk should not be great. 2 – Probably not, but if you are prepared to explain, that should minimize the risk. 3 – USCIS will send the RTD to your home address. How you will get it from there, I do not know. I an not sure whether it is legal to have someone deliver it to you outside the US, but I have heard about people doing that. Take care, Jason
GC Asylee asked some great questions. Regarding travel through the port of entry in the COP, should I use the RTD or my COP passport, which has not yet expired? I would think using the COP passport would be the best option as not to raise any red flags.
GC Asylee, my intention is to use my smartphone to record videos and audio of my travel while there. So, if it does come up I can present that as part of my evidence of how I kept safe and what I was doing while there.
Also, are you traveling on just your green card to your COP or is it with the COP passport? My COP requires green card holders to also have a passport or travel document at the port of entry. But like I asked in my earlier paragraph, I wouldn’t want to show the RTD for fear it would raise red flags.
I agree that showing the RTD is probably a very bad idea, especially if you have a fear of harm from the government, but even if not, the government might be “offended” by the fact that one of its citizens got asylum in the US, and so I would try to avoid using that document in the COP. Take care, Jason
Congratulations , would you please share with us your timeline for GC / how long did it take since you applied for it?
Hello, May I know when did you apply for GC and got it?
My asylum case was approved and I am waiting for my GC over 22 months. It is in Texas Processing center
Ugh – the TSC is a mess. Hopefully, you will get the GC soon, but if you check the processing times, it can be very long. Most of our cases are probably taking under 2 years, but some are longer than that. Take care, Jason
Good evening jason, Can someone who haave already overstayed more than one year be a dependent or spouse of a new asylum applicant and what are the probability that this can affect their case.
They can be a dependent. I have not done this (or at least I do not remember such a case), and so I am not certain, but I think the one-year filing bar only applies to the principal applicant, and so if the principal applicant receives asylum, the dependent should as well, even if the dependent was in the US for 1+ year before the principal filed for asylum. I am not 100% sure about this, but I think that is correct. Take care, Jason
Hi Jason,
I am asylee. Have pending I-485 in NBC . After 5 years backlog of interview. Finally applied I-485 9 months ago. Renewed my EAD 3 times. Wrote a letter too many representatives and White House’s! Then the other day I had a call from Uscis Washington dc area code CCDC.
Lady told me that they got my letter and my case is in National benefit center and I am not forgotten. She sent me a case number from this email address and “ccdc-cru@uscis.dhs.gov” and she sent me uscis processing times links. She told if I don’t have any case changes until the end of the February I should contact with her again with this case number
Ccdc-cru stands for uscis?
I do not know that email address. The uscis.dhs.gov part looks legitimate though, and so presumably this is all legit. Hopefully, you will have news before February, but if you email them, just be careful not to send too much information, just in case this is a scam (I am not saying it is a scam, and it seems legit, but it never hurts to be cautious). Take care, Jason
Hi lena
I’m in same boat, I got an email from the same woman with a case number about two months and nothing after that, so if I want to contact her how do I do that? Do have a phone number or email you can contact her back for follow up? Thanks
Hi Jason, when she was speaking with me she had my case number and she was able to see additional information about my case. She told me if I don’t hear from Uscis I should try to email them with receipt number then she can take a look to the case and check with NBC again . I asked her if I could send additional information, she said no need for now! She said she contacted with National benefit center and my case is there and she said if I don’t see ant change my case status until March I could try to email them with this specific receipt number. And she said that normally i am not supposed to reply that email. Her sound was confident and just gave me a hope. I don’t want to put too much hope but better then uncertainty.
That sounds positive, and is more than most people get from them, so hopefully, it will help. I should say that usually when we have talked to USCIS by phone (which we rarely do), they are accurate in what they tell us, so hopefully, you will see some progress soon. Take care, Jason
Hi Jason. I am Asylee. After one year period requirements we all family members applied for i485,i765 & i131 together with Fee Waiver form sent in same Mail envelop.
We received Fee waiver Granted receipts from NBC MO center for i485 & i 765 form for all Family members.
While yesterday we received Rejection letters from Dallas TX office for i131,mentioned to pay Fees.
Why 2 different offices have difference decisions regarding Fee Waivers and what is solutions?
Check the fee waiver instructions, form I-912, available at http://www.uscis.gov. I believe the fee waiver does not apply to form I-131 (except for humanitarian parole, which is not your case), and so you have to pay that fee if you want the travel document. Take care, Jason
Jason,
After 2.6 years of waiting my i730 petition, I heard for the first time that my case has been transferred to Nebraska SC. Can I hope they might process the case soon ? Btw I have filled a plea to ombudsman a month a go as my case has been out of the processing time schedule of TSC. And waiting the USCIS reply to the ombudsman office.
Thanks,
The wait times are really outrageous. Hopefully, the movement is a positive sign and you will hear something soon. Good luck, Jason
Hi, may I ask is there any step that I should follow to ask immigration court for voluntary departure ?
I am concerned that if I move forward with my case, I will have a final order of removal on record, which is bad, right ?
May I ask which is lesser of the two evil, having a final order of removal or voluntary departure ?
You can ask for VD at any time. Typically, it makes it easier to return to the US after you leave. You must show that you have a valid travel document and can afford to travel, and also that you will leave. Once you have VD, you have a limited period to leave the country (maybe 120 days, but it varies) and if you do not leave, the VD order automatically converts to an order of removal. If you have to leave, VD is better than a removal order, as it is usually easier to return to the US if you left based on VD. Take care, Jason
Sounds good 🙂 And may I ask what are some of the suitable subgroups of immigrants recommended to use VD as a deportation defense ? Because I feel like some immigrants are better off leaving rather than staying (right ?). I am trying to see if I happen to be one of them 🙂 If I go back to my country of origin, there are other medical decisions that will go into it (as in, stay or leave, the medical decision will be different)…so it’s kind of urgent…I think
I think you need to consult an attorney about the specifics of your case. Take care, Jason
Sounds good 🙂 Thanks
Hi Jason,
My employer is filing for my PERM and I-140 petition. I am still in category C-8, waiting for my asylum interview. What would be the next steps once the I-140 petition is approved.
I have contacted the attorney who helped another person on this forum successfully adjust status on EB2 without leaving the U.S while being on pending asylum status. I have asked the attorney to share the next steps.
Would I need to submit form I-485 adjustment of status after I-140 petition is approved.
Congrats on your approval !
May I ask, does your employer know about your asylum application ?
Hi, Annie,
Congratulations! Could you please share the name of the lawyer? I couldn’t find it in the previous posts. Best of luck)
I did a post related to this on August 28, 2018 – maybe that would be of interest. However, I think the next step is to determine whether you are eligible to adjust status. If so, it would be to file the I-485 and accompanying documents. Probably a legal brief will be needed as well, to explain your eligibility (presumably under a section of the law called INA 245(k), but the lawyer working on the case would know more about that). Take care, Jason
Hello
Is it possible to apply for EB2 while pending asylum?
Can you share contact of the lawyer ?
Congratulations to the person who succeeded to obtain Greencard while pending asylum
Best wishes to all
Happy holidays