On December 28, 2021, USCIS announced that. “if you are a healthcare worker who has a pending Employment Authorization Document (EAD) renewal application [Form I-765] and your EAD expires in 30 days or less or has already expired, you can request expedited processing of your EAD application.” This is a positive development, since EAD renewals have lately been very slow.
One group that has been impacted by the delayed renewals is asylum seekers, and we are seeing people wait up to ten months for their new EAD cards (asylees–people whose asylum cases have been granted–are also experiencing long delays to renew their EADs, but such people are eligible to work even without an EAD). Here, we’ll talk about the EAD renewal process and the new rules for healthcare workers (and while it probably goes without saying, yes, I will complain about the new expedite procedure).
First, let’s talk a bit about the renewal process for asylum seeker EADs (also known as category c-8 EADs). Why are these renewals taking so long? While we do not known for sure, it seems there are a few separate issues. One is the budget crisis that hit USCIS in the summer of 2020. For a time, the agency was threatening to lay off 70% of its workforce. The layoffs were avoided (USCIS managed to magically come up with some money), but the overall problems persist–budget and hiring issues, as well as low moral. Also, of course, the Covid pandemic is affecting USCIS across the board. Finally, in August 2020, USCIS changed the rules for asylum-pending EADs, imposing additional requirements on these applicants (relating mostly to arrest history and how they entered the United States). These additional requirements make extra work for asylum seekers and also for USCIS. These factors seem to have combined to drastically slow down EAD renewals for asylum seekers.
What’s particularly frustrating about this is that the new rules from August 2020 were specifically designed to harm asylum seekers by making it more difficult to obtain permission to work. This was part of the Trump Administration’s broad-based attack on the asylum system. Why–after one year in office–the Biden Administration has not rolled back these punitive rules, I do not know.
What’s also frustrating is that these are EAD renewals. This means that USCIS has already approved work authorization for these applicants, and so unless something has changed (like the applicant committed a crime), I see no reason why the renewal should not be automatic. In other words, EAD renewals should take 10 minutes; not 10 months.
Second, before we get to the new procedure, I should note that if you file to renew as early as possible, you maximize your chances of receiving a new EAD before your old card expires. The soonest you can file to renew an EAD is 180 days before the current card expires. Don’t file earlier than that, as USCIS may reject your application as untimely. After you file, you will receive a receipt that automatically extends the current EAD for 180 days. For those who file as early as possible, this should be enough time for USCIS to process the application and issue a new card before the automatic extension expires.
Now, let’s discuss who is eligible for the expedited EAD processing.
The new procedure is for renewals. So if you are applying for your first EAD, you are not covered by these rules. To obtain expedited processing under the new rules, you must satisfy a few criteria. First, the EAD card (not the automatic extension–the card itself) must be expiring within 30 days or already expired. Second, you must already have filed to renew your expiring EAD. And third, you have to be a healthcare worker as defined in this DHS memo (pages 7 to 9). The definition is pretty broad, and so even if you are peripherally involved in the healthcare field, you may qualify.
If you do not qualify to expedite under the new rules for healthcare workers, you can still ask for expedited processing in the “normal” way. USCIS provides guidance about how to request expedited processing for any type of application. This process is not easy and often does not work, but it does exist, and if you have a reason to expedite, you can try (I wrote more about this here).
Assuming you meet the expedite criteria for healthcare workers, you should collect your pending EAD receipt and evidence of your job, such as a letter from your employer or an employee ID card. You then call USCIS at 800-375-5283 (TTY 800-767-1833). This is an automated system, which can be difficult to navigate (and that’s putting it mildly). When the system requests the reason for your call, say “request an expedite” or “expedite request.” You should then be put on hold until a USCIS representative can speak with you.
The representative will ask the purpose of your call. Say that you are a qualifying healthcare worker, your EAD will expire within 30 days (or has already expired), and you wish to request expedited processing of your EAD renewal application. The USCIS representative will ask for some basic information, which should be found on your EAD receipt. Finally, the representative will input your request and give you a confirmation number.
Within seven business days, USCIS should contact you (usually by e-mail) to request evidence that you are a qualifying healthcare worker. They typically allow you only 24 hours to respond to their request, so it is important to have the evidence ready and to check your e-mail regularly. If the evidence you provide is insufficient, USCIS may not expedite your EAD renewal. If you do not receive any communication within seven business days, you will need to call USCIS again, and inform them about the delay (have your receipt number and confirmation number available).
If USCIS agrees to expedite your pending renewal, it will prioritize your application and issue a decision faster than published processing times.
If all this seems a bit awkward, it is. Why can’t USCIS simply amend the EAD card so that it is valid for the duration of the asylum case (and it is easy enough to check the status of the asylum case online). This would help everyone who depends on an EAD and who is currently being harmed by the renewal delays. Alternatively, USCIS could change EAD renewal receipts so they are valid for more than 180 days. Or, if USCIS only wants to help healthcare workers, the agency could create a web page informing employers that anyone who is a healthcare worker is eligible to continue working indefinitely, as long as they have an old EAD card and a pending renewal receipt.
The point is, it seems to me that there are better solutions than making all healthcare workers call USCIS, navigate the phone system, and wait for a callback (as if healthcare workers have nothing better to do). But for now, that is the system. And so if you are a healthcare worker and need to expedite your EAD renewal, find a quiet place and a comfy chair, grab a large dose of patience, and start dialing…
If your case is at the Immigration Court, can you file for EAD renewal online? Thanks.
If it is an asylum pending (c-8) EAD, you can file online. Take care, Jason
Hello Jason,
My asylum is granted recently and I would like to apply for EAD as a physical valid document to use in future. I know I can work with newly provided I-94. But recently went to MVA to renew my driving license and they were asking for non expired document and eventually did not allow me to get my driving license even I provided i94 and judge grant letter. Should I apply for work permit under a05 category? Could you please tell me how much money order or personal check I am supposed to write for applying renewal work permit for my eligibility category?
Many Thanks
Sam
Hello Jason,
My asylum is granted recently and I would like to apply for EAD as a physical valid document to use in future. I know I can work with newly provided I-94. But recently I went to MVA to renew my driving license and they were asking for non expired document and eventually did not allow me to get my renew driving license even I provided i94 and judge grant letter. Should I apply for work permit under a05 category? Could you please tell me how much money order or personal check I am supposed to write for applying renewal work permit under my eligibility category?
Many Thanks
Sam
You should Google “post order instructions in immigration court” and follow those. This should result in you getting a new EAD based on asylum granted (category a-5). You can also apply for this EAD using form I-765, available at http://www.uscis.gov. If this is the first a-5 EAD, there is no fee. Take care, Jason
Hello Jason,
I applied for renewal on January 2022, my EAD expire next month. I never received a notice of action, how can I apply for expedited request without any receipt number being a healthcare worker, would they consider my case if I just tell them what date I filed with my name and ssn, and letter from my employer to terminate work if it is not renewed on time ?
Thank you for your help.
If you paid by check and the check was cashed, you can get a copy from the bank and your receipt number should be stamped onto the back of the check. Otherwise, I do not know how you would expedite without the receipt number. You can try calling USCIS (as discussed in the above article) and see if someone can help you based on your Alien number and name. Maybe they can at least verify if your I-765 has been received; if not, you would need to re-file. Good luck, Jason
Hi Jason,
I called and e officer who answered my call gave me the receipt number. However I still did not get the mailed letter. My relieve is that I can at least use the number to apply for expedition when the time comes.
Thank you so much for your kindly help and advices, be blessed.
Hi Jason, I want to thank you first. This article is very helpful. I am a healthcare worker. I called USCIS to expedite the work permit application. I received the inquiry receipt email from USCIS but I was not asked to submit additional documents like employment verification. When I checked the USCIS website, my case was actively reviewed by them.Do I need to send them to USCIS although I was not asked? If yes, could I please know the email address? or should I reply to the email that I received ?
Best,
Nay
I do not know that USCIS is actually sending emails about this, as I have not heard about that yet. I would give them a week, but if there is no response, you should call again. Good luck, Jason
Hi Nay! Did you receive an approval email/ the EAD?
Hi Jason,
Thank you for all this very helpful information. We have a baby (US citizen) on oxygen therapy and applied via our senator for an EAD expedite for medical emergency which was accepted on November 29, 2021. My husband was then informed by his company that he should apply for a healthcare worker expedite (after the new December guidance) which he then did. USCIS requested supporting documents which were sent on January 11, 2021. We have had no news from USCIS since and we’re wondering if this is normal.
No update on our medical emergency expedite and no update as to whether the healthcare expedite was accepted.
He contacted USCIS and talked to a tier two officer at TSC who said we just needed to wait. That was two weeks ago. From your writing, it seems we should have gotten a reply already.
Should we keep waiting? Contact the ombudsman? Or do a lawsuit? Do you have a sense on the timeline for healthcare worker expedite? We are at a loss and extremely worried for our baby’s life.
Thank you,
Anne
My sense is that the healthcare worker expedite request should be moving faster. It may relate to when his/your EAD extension ends, but most people seem to get notified within a week or so that USCIS is processing the EAD. I would call them again (800-375-5283). You can also open a case with the USCIS Ombudsman (a link is under Resources). There is no harm in this, but I doubt it will help in a timely way. The same goes for a lawsuit, as that also takes time. Since you have been in touch with your Senator’s office, you might inform them of the status and see what they say. But my thought is that your best bet is to call again about the healthcare worker expedite. This is a very unfortunate situation and it would be nice if USCIS would just do their job. Good luck, Jason
Hi Anne! Any luck? When is your extension expiring?
Dear Jason,
Thank you for all you do here.
Please I want to ask if new asylum applicants just applying for their EAD will pay for biometric again and how much would this be together with the EAD fee?
Kindly respond asap as anyone could also assist in an early reply.
Emmanuel
If you are a member of ASAP or Casa de Maryland, you should not have to pay a biometric fee. I wrote about those organizations (with links) on September 23, 2020. If this is your first EAD based on asylum pending, you should also be a member of one of those group (if you are a member, you can file for the EAD 150 days after the asylum was filed; if you are not a member, you have to wait 365 days) and the first EAD is free. Take care, Jason
Thank you for the reply.
It was actually returned that it has an incomplete fee. I can’t tell why the person who attended to it is been mean.
Read the letter from USCIS (assuming there is a letter) carefully to see whether there is anything else. Did you include evidence that you are a member of ASAP or Casa? Take care, Jason
Hello,
does anyone know if Dubai accept advance parole?
I want to go to Dubai and continue to US
thank you
Advance Parole is only for returning to the US; it is not a travel document and you cannot use it to enter any other country. Maybe you mean a Refugee Travel Document? If so, I think Dubai does not accept that, but I am not certain. You can check their embassy website or try to contact the embassy directly to ask, or maybe someone else here as experience with that. Take care, Jason
Hi Jason
What I meant is if I board from dubai, will they let me board from dubai to US with an advance parole?
Divine
They should – as long as AP is valid, you are allowed to return to the US. In Dubai, I believe you pass through US immigration before you board, and so they should be familiar with the AP document. Take care, Jason
Hi Jason
What I meant is , will they let me board to US from Dubai with an advance parole?
Divine
Hi Jason, I have one question regarding the above article.
What will be happening with Derivatives of a the asylum applicant in both cases divorce or death after the asylum approval and before getting the green card?
Thank you in advance for your comments.
Jimmy
I will write about that in part 2 of the series about dependents (maybe next week), but the derivative will need to file a “nunc pro tunc” asylum application – see the I-589 instructions at http://www.uscis.gov. The dependent must demonstrate the relationship and indicate that that relationship has ended. The dependent can then get asylum as a principal, once the nunc pro tunc is approved. It is not a fast process, and therefore it is best for dependents to get the GC as soon as they are eligible, to avoid this annoyance if the principal-dependent relationship ends. Take care, Jason
Hey Jason your blog is helpful for all of us. My question is my AOS was applied on victim right visa. I was also referred to IJ prior as I filled for asylum that was terminated. My question is my family got their green cards and I m still pending since 6 months after RFe was sent. I literally have so much anxiety plz guide me.
I do not understand the question, but it may be that your case has different issues than your family. Maybe talk to a lawyer about the specifics. I can tell you that it is common for different family members to get decisions at different times. Take care, Jason
Thanks a ton Jason for this article.
Had I not seen this, I would not have known about it.
Today, my EAD got approved under expedited request.
Case filed on Dec 15th and approved today. Must be the fastest one.
Great – this is how all renewals should be. They should take 10 minutes, not 10 months. Take care, Jason
Congrats!
Do you mind explaining the process for expediting?
What you needed to provide as an evidence?
And if posaible to mention the health care category, I am IT in healthcare and not sure if that will be accepte?
USCIS is viewing “healthcare workers” pretty broadly, and so I think you can probably give it a try. There is a link in the above article to a list of who USCIS considers a healthcare worker – you can also take a look at that to see if IT people are included. Take care, Jason
Hello Everyone,
I have been a silent reader on these forum, I will like to share my journey towards getting my green card and then ask questions.
Applied for Green card on August 2019 waited and waited but later filed lawsuit in October and got the Green card in November 2021.
my question is the category appear on the card as ASY for me as the principal and ASY for other dependants, I just want to know if anyone that just got their green card has the same category as mine. Thanks
Tee, the principal’s GC should say AS6 and the derivative should say AS7. At least, these codes are what I usually I see.
I think that is the same for anyone who got the GC based on asylum. Take care, Jason
Can you share high-level detail of your lawsuit?
Was it based beyond the processing time or something else?
I thought USCIS has the posted time frame from 1 year-4 years for I485 and didn’t consider the case out of processing time if it didn’t meet their ETA?
Can anyone share details on the timeline?
After you called USCIS to expedite the EAD and received the ref no, how long did it take for USCIS to work on the case to either accept/deny expedite or to produce the card?
Our clients seemed to get an email within a couple days, though I have only maybe 2 or 3 examples of that in our office, so far. Take care, Jason
Thank you Jason.
When you said ” get an email”, do you mean just acknowledgment or approval of EAD?
I was speaking about the expedite process for healthcare workers as described in the above article. Take care, Jason
Hi Jasaon,
Thank you for your help to the Asylum Seekers. I have a question.
If Asylum Applicant filed Bankruptcy will this effect his interview, green card or citizenship.
Thank you.
Jimmy
It should have no effect, as long as there is nothing criminal or fraudulent about the filing. Take care, Jason
Hello Jason,
I have been waiting for my asylum interview since May 2014. Unfortunately, the Asylum office cannot give me any update about my case :(. I have been working as a Sr. Transmission Engineer III for 7 years in the same Power Utility Company. I am also holding a MS in Electrical Engineer from USF (Tampa, FL) which I completed in Dec 2014. So, I am evaluating all available options for my situation, do you think that I can qualify for a EB2-NIW self-sponsor based on Advance Degree STEM holder? Should I try to apply for this? I did try to apply for a H1B visa about 4 years ago but my company did not want to start the process because they have never had a situation like mine. When I applied for asylum, I was under a F-1 Visa and then used my OPT for 3 years.
Thanks in advance,
JJ
It is really horrible to wait so long. In terms of NIW, there is new guidance from USCIS about who qualifies, and you would have to have that evaluated. Based on your current job, I think it is probably a stretch, but it may be worth talking to a lawyer and getting a specific evaluation of your eligibility. Even if you do qualify, there is a good chance you will have to leave the country to get the green card (I am assuming you are now out of status) and that can be tricky. I did blog posts on August 28, 2018 and September 6, 2018 discussing these possibilities, and maybe those would help, but I think you would need a lawyer to walk though all this with you and help you decide whether it is possible. Do be careful though, and if you are going to try it, have the lawyer write down the plan step-by-step from where you are today until you have the GC, and whether you need to leave the US and how that will work. Take care, Jason
Thank you for your answer Jason. I would like to ask if you take this type of cases? If so, how can I contact you to get an evaluation and discuss the options?
I do some NIW cases, but I have not done one under these circumstances and I think it is not something I could assist with, sorry. Maybe try aila.org for lawyers who do such cases – they have a referral service. Take care, Jason
Hello Jason,
Would a permanent resident who used to be an asylee be able to travel with the passport of his nationality (assuming it’s still valid or the consulate didn’t give trouble to issue a new passport).
More specifically, are your asylum conditions “removed” once you get your green card? Or would you face issues when you enter the US after a trip to Canada/Europe with your passport+green card, because you technically “use the benefits/services of the country of persecution,” which is prohibited as an asylee.
Thanks!
I think it is very unlikely you would have an issue, though it is still a good idea to use a Refugee Travel Document, if possible. The potential issue is if using the passport causes the US government to think that your asylum case was fake. So if your asylum case said that the government views you as an enemy and would not issue you a passport, then using the passport may create red flags. But for most people, it is unlikely to cause a problem; at least I have never had a client have any difficulties in this situation (assuming they did not go to the home country to visis). Take care, Jason
Thanks for the answer! I’m actually a derivative and my father is the main applicant. I was curious about this because it took 8 months to receive my RTD last year and it looks like it takes almost a year now, and is valid for a year.
My main international travel goal is Canada and they already allow green card + driver’s license/other ID (no passport required) to enter Canada by land (car, bus, train).
Hi Jason, hope you’re well!
Few questions-
One of my relative’s master calendar hearing continuously kept being rescheduled over the past 2 years. They no longer have a hearing scheduled and their attorney has received an Order Schedule. One of the reliefs requested on their application was for Cancellation of Removal, for which the fingerprint is scheduled for this month.
1- How soon after the fingerprint can they expect a hearing as per current time line.
2- Is this hearing their last stage in the process? After this hearing are there any steps left in the asylum process to contest if need be?
3- What documentations should be gathered at this time in lieu of the cancellation of removal?
Thank you so much for all you do; we don’t take it for granted.
-Isabela
1 – The fingerprints are done by USCIS and the hearing is set by the judge. These are two different entities and one has nothing to do with the other (though maybe the judge does not want to schedule a hearing until fingerprints are taken; I guess that is possible). 2 – For Cancellation of Removal, if relief is granted, there is a queue to actually get the final order from the judge. The queue takes about a year or maybe 2 years (the judge should know the approximate wait time – it is not like the asylum “queue” that takes forever). Once you get the final order, you need an appointment with USCIS to get the actual green card. Usually, you can get that in a month or so. 3 – For a Cancellation case? It depends on the case – these cases are difficult to win and you need to get help from a lawyer. At a minimum, you need evidence to prove you have been in the US for 10 years before you received the Notice to Appear (the document initiating the court case), that you are a person of good moral character with no (or minor) criminal issues, and that you have a LPR or US citizen relative who will suffer exceptional hardship if you are deported. This is not the type of case most people can do on their own and you would do well to talk to a lawyer for help. Take care, Jason
USCIS sent my EAD card but I never received it. USPS says it was delivered but I know it not true cause I was home the whole day waiting for it. What should I do? Can USCIS issue me a new card or can I continue working with the I-797 approval letter? I feel sick now that happen to me.
I was in a similar situation. The usps decided I didn’t live at that address and sent my EAD to the USCIS application support center in the area. It took 1 month to get it delivered.
EAD LOST IN MAIL
Go to Us postal office website and sign up for INFORMED DELIVERY that way you will be able to know mails coming to your address. They will be sending you pictures of mails coming to your address a day before you get them. I did that last year and I don’t have many issues anymore. One USP agent put my ID in my neighbor mailbox and immediately I knew it was delivered in wrong mailbox because a picture of the envelope was sent to my email. A day later, my neighbor brought the mail to my door. You can even choose to have a locker at local USP office close to you. Thanks.
You can call them at 800-375-5283 and see if they have any further information. It is difficult to reach a person, but may be worth a try. Also, you can contact your local post office to see if they can assist. You might also sign up with the post office for “informed delivery” if that is available in your area. It is extremely frustrating and it seems to be kind-of common – people receive all the meaningless notices from USCIS but then the card does not appear. Hopefully, you can track it down. If not, you can check this web page and look under “Replace EAD” where there are some actions you can try (including re-ordering a new EAD, which is the last resort): https://www.uscis.gov/green-card/green-card-processes-and-procedures/employment-authorization-document
Good luck, Jason
Hi Jason!
I wanted to ask, what does it mean when I-485 case status changes from “Fingerprint were taken” to “Case transferred to another office” after two years three months. Is it bad? Good? What’s the reason?
Thank you so much for your work and help!
I do not put much stock in these messages. At least you know there is some movement, so I guess that is good. Our cases are being transferred to different offices all the time in an effort by USCIS to more evenly distribute their work load (so they say). Take care, Jason
Hi Jason
Last week, I requested expedited EAD based on health care. I was provided a expedite number and was told someone from Uscis will get back to me.
Is there a place where I can enter that expedite no to check the latest status?
When I entered my ead receipt number, it only shows cased received message.
Also, are they requiring evidence for every single expedite request?
I know of no way to check, other than to call again. Most people who I have heard about seem to have received an email indicating that the card was being produced, and USCIS did not ask for evidence of their job. I would give it a week, and if there is no news, call again. Take care, Jason
Hi Jason,
Thank you so much for all that you do. I am an asylee (granted July 2018).
My timeline is as follows:
1) Asylum approval (July 2018 – Newark, NJ)
2) Applied for adjustment of status, i-485 (August 2019 – New Jersey, case assigned to TX service center)
3) biometrics capture (Feb 2020, Grand Rapids, MI) I moved to MI
A Few weeks after this, Covid happened and the world as we knew it, was turned upside down.
4) Mid-2021 I received notification from the USCIS, that my biometrics which were captured in Feb 2020 were still valid and would still be used, and then, silence!
5) Jan 19 2022 – notifcation from the USCIS that in order to expedite adjudication of my case, my case has been transferred to the National Benefits Center.
I tried to look up processing times at the National Benefits Center, but on the USCIS page, processing times for the National Benefits Center are only listed for i-485 based on family or employment petitions, no mention of i-485 based on grant of asylum more than 1-year ago.
I currently live in Chicago, and there is some indication that the National Benefits Center allocates cases to the local field office where the applicant resides.
What are your thoughts on this, do you have any idea about processing times for i-485 processing times for asylees?
Thanks!!! and please keep up the invaluable work you are doing!!!
Windy
Processing times are not predictable, but we have seen most cases in the range of 2 to 2.5 years, so hopefully, you will have news soon, but things keep slowing down, so it is impossible to say. In terms of the Field Office, it certainly is possible that you will receive an interview for the GC – it does not happen to everyone, but many people are interviewed. If you are interviewed, usually (but not always), you get a decision within a few weeks. Anyway, I hope it will be soon, as the wait times are really unacceptable. Take care, Jason
With RTDs taking 9-13 months to process and them being valid for only 12 months what’s the correct strategy of applying for new ones to ensure LPR has ability to travel? Most countries will not let someone in if their travel document is expiring in less than 6 months.
Let’s say I applied for an RTD in July of 2021. ETA July-ish of 2022. Should I be applying now for a new RTD (to obtain it by the time the other RTD will be close to 6 months validity) and explain in my application that by the time they process it I will return my other RTD that is coming soon or that other RTD will be expired by then? Will it delay my new RTD application even further?
It is crazy and ridiculous. I have not tried this, but you can send the I-131 renewal without the original RTD, even if the RTD is still valid. Presumably, USCIS will issue an RFE to collect the RTD already in your possession. The danger is that USCIS will reject the application for the new RTD, since they require you to send the original, current RTD if that is not yet expired. However, I have heard about people sending the I-131 without the original RTD and USCIS may or may not collect it later. Again, I have not tried this, and so I am not sure, but I do not see any alternative unless you can tolerate a year-long gap in your ability to travel outside the US. I think the only “solution” (which is not really a solution at all) is to use your passport to travel and green card (if you have it) to re-enter. This will not work for asylees who do not yet have a GC, but it will work for GC holders. Obviously, getting the GC as soon as possible is also a good idea, but of course, asylee adjustments also take forever. The real solution is for USCIS to extend the validity of the RTD to 5 or 10 years, as was proposed back in 2007 or so. Until then, people will just have to do their best. Finally, it is possible to try to expedite the RTD – I wrote about expediting with USCIS on January 29, 2020. Take care, Jason
Considering the time to process an RTD is 9
to 13 months, would it be ok to use my COP passport with my GC based on Asylum to travel to the COP then use just the Greencard upon re-entry? My intention was to have the i131 for re-entry to show that I didn’t seek protection under my home country.
You can do that and re-enter the US using the GC and passport, the same as any other GC holder would enter the US. However, there are some risks to your status when you travel to the country of persecution. I have had clients do it and have no problem, but it is possible to create problems. I wrote about this issue on January 6, 2016. Take care, Jason
Thank you, Jason, for your reply regarding RTDs! It sounded like you suggested flying with passport and GC. Is it safe to do so? I thoughts asylees cannot use their home passport. Mine is expired and in order to renew it I may have to contact my country’s Embassy or potentially even go to the country I fled to renew it there. I thought USCIS may take away my green card if I a) travel with passport of my home country; b) contact my embassy to get my passport renews; or c) go back to country of persecution to get my passport renewed.
Going to the home country involves much more risk to your status than renewing the passport or visiting the embassy. But any of those actions involves some risk to your status. This risk is less if you do not fear your home government, but instead fear non-state actors, like terrorists. However, the risk is not zero in any case. I have had clients renew passports with no problems, but it could raise a question about whether you are “re-availing” yourself of the protection of your home government (basically, putting yourself under the protection of your home government). If the US government believes you have done that, you risk having your asylum case reopened and losing the GC. I think the risk is probably small, as long as you do not go to the home country, but it does exist. Talk to a lawyer about the specifics of your case if you are concerned about that. Also, I wrote a post on January 6, 2016 about returning to the home country and the risks involved (and how to minimize those). Take care, Jason
Hi Jason,
We have applied Citizenship back in October 2021.but did not receive any reciept letter so far.Is it normal these days as USCIS is very slow or should we enquire about it?If we want to make enquiry what should we do??
Kind Regards
USCIS receipts are slow, but that seems too slow. Can you find out whether USCIS accepted your fee? If it was paid by check through your bank, you can get a copy of the check, which should have the USCIS receipt number stamped on it. You can use that to make an online (www.uscis.gov) or phone (800-375-5283) inquiry. You can also just call USCIS to ask whether they received it. It is not easy to reach a person, but if you do, you can check whether the case is received. Take care, Jason
Does anyone here got Refugee Travel Docuement lately from Nebraska Service Ceneter.
I applied in June 2021 and still waiting , i just saw they updated processing times from 9-13 months.
Just received mine yesterday. Applied in March and it was transferred from NBC to Nebraska. The entire process took me 10.5 months.
Hi Jason and the asylumist community,
I have applied for asylum based on my sexual orientation (gay) from a majority Muslim country and was approved three years ago and am now waiting for my green card application which is pending for almost two years. When I moved to the states in my early twenties and now I am in my 30s, I went through a whole lot of sexual experimentation and discoveries as we know that sexuality is a complicated journey especially coming from a culture and country which makes taboo and criminalized for sexual minorities. So I never got the chance and opportunity to openly explore my sexuality in my home country. I thought I was gay but over the years and as with my sexuality journey, I have realized that I am bisexual and like both genders. This was a long journey and by no means a simple realization, a lot of counseling, therapy, and other forms of help.
I am currently dating a girl with the intention to marry. Do you think this will be a problem in the future when I apply for my naturalization (citizenship) because my asylum claim was based on me being gay? I am able to and willing to explain this in greater detail if it comes to that. Thank you!
Personally, I think you filed a fraudulently asylum case. I also don’t believe that you are bisexual- nor do I believe you were ever gay/part of the LGBTQI+ community. However, that is between you and the U.S. government.
As an LGBTQI+ advocate, I not only find your story confusing but also damaging/harmful to genuine LGBTQI+ asylum seekers, especially from your home country.
We concur that accepting one’s sexuality can be a “complicated journey”, especially for people who are in oppressive societies, but it’s not (usually) the case for people who are in far less oppressive societies/cultures. In your case, you finding a safer place to “express”/”explore” your sexuality has brought you closer, it seems, to your purported bisexuality- which is quite odd. To put it differently, you seem to be moving further away from the basis of your asylum claim, which is that you are gay, the safer it gets for your to live your live as a gay person. To me, it negates your rationale for seeking asylum in the U.S.
Furthermore, while human sexuality can be diverse, a person’s sexuality doesn’t change overnight, to the point where they crave fidelity via marriage to one sex, because they have an epiphany that they were in fact of a specific sexual orientation. It doesn’t comport with the literature on human sexuality.
In any event, you applying for asylum as a gay man and then later show up a naturalization interview in an opposite-sex relationship may cause the officer to believe that your asylum status was fraudulently obtained.
I think it depends, I must admit, I do watch straight pornography sometimes and I actually find a lot of FTM guys handsome. But I still think of myself as gold star gay. I couldn’t fathom being with a woman much less marrying one. But where I will advocate for the OP is the fact that a lot of gay porn actors happen to perform in straight porn too. In fact, a number of them are in straight relationships and escort on the side. So, it’s not impossible the OP could have a fluid sexuality but just did not happen the opportunity to explore it in the COO.
ENRONN SIERRA, you are conflating acting/performing sex conducts for pay with a person’s real sexuality.
Sexual conducts**
Hi Jamie,
I think you misunderstood what I wanted to articulate and overlooked crucial details related to my sexuality journey and my sexual orientation. I don’t know if it’s intentional that you passed sweeping judgments and maybe have a preconceived notion of sexual orientation-based asylum claims. And it’s fine that you don’t believe me, and I am unbothered by it. But you claim to be an LGBTQI advocate, and this is where I feel the need to further extrapolate and maybe give you some details from my sexuality and personal journey. Also, I am making this comment because I care about the Asylumist community and believe in nuanced discussion.
First, sexuality is a dynamic thing and the sexuality journey is not a linear progression. There is a lot of external forces that shape you and make you oppress your sexual expression and orientation. Such was the case in my home country, and I did not get the chance to fully explore my sexuality. I have had gay relationships in my home country since I was 14 years old. In the beginning, when I filed for asylum, I was new to the states and was trying to find my community, so the journey at that point hadn’t begun. It took me almost 7 years to contemplate and explore (almost an intrinsic fight) my sexual tendencies. Finally, I am at a place where I feel comfortable as a bisexual on the sexuality spectrum. My sexuality did not change overnight, and you don’t know about my mental state so please show some compassion and empathy for people who you don’t know much about. At least try to get to know more before making assumptions and offensive remarks.
Also, I am in academia and am familiar with sexuality literature and gender studies scholarship.
Jason is an attorney and he believes that you explained your case well. If you managed to convince Jason, like you’ve convinced the asylum officer or judge, I am sure you would be able to do that in your naturalization interview. Personally, I am not convinced! I still believe that you filed a fraudulent asylum case. I am not only an LGBTQI+ advocate but also a member of the LGBTQI+ community. My asylum case is based on membership in that particular group.
I did not skim through your story. In fact, I read it about 5 times before I posted my response. I actually wanted to give you the benefit of the doubt.
You claimed that you did not get a chance to explore your sexuality fully in the COP because of the possibility of be persecuted. In the same breath, you claimed that you have had several gay relationships in the COP since you were 14 years old. Essentially, what you are saying- unless you are not explaining yourself clearly- is that you explored the “gay part” of your sexuality in your COP, by virtue of having a number of same-sex relationships in your COP (“I have had gay relationships in my home country since I was 14 years old.”), but have decided, having been granted asylum in the U.S. (or found refuge in the U.S.) based on being a gay man, that you did not get a chance to fully explore the “heterosexual side” of your bisexuality because the COP is/was oppressive (“Such was the case in my home country, and I did not get the chance to fully explore my sexuality”). Hopefully, you’ll realize that logically you are not making an ounce of sense! In fact, your explanation for now wanting to be in a committed, same-sex relationship by way of marriage is, and should, be deeply concerning to anyone who has an interest in the asylum system in the U.S.
Obviously, the expression (emphasis on “expression”- as in how you express it or don’t express it) of gender identity and sexuality can largely be determined by one’s society. The more oppressive, the more you are inclined to repress or suppress. The converse is also true. We also know that sexuality and gender identity are diverse! However, repressed desires, perhaps because the individual fears persecution or ostracization, do not start to disappear/wane when the individual is removed from the danger or threat that causes the individual to repress or suppress those desires/feelings. You saying that you didn’t realize that you were straight or bisexual (or whatever you are)- because you were “never given” the chance to fully explore your sexuality as a result of persecution- is not backed by logic or the literature on human sexuality.
In addition, the “non-linearity” of human sexuality does not make your case look better, either. You seem to have “turned” straight or bi overnight, based on your explanation, as soon as you get to the U.S/after you were granted asylum. What further confuses me is your claim that it took you a while, even before you came to the U.S., to come to terms with your “real” sexuality (or it was a journey for you), but your asylum case was only approved 3 years ago. Was your “true” sexuality realized after the asylum grant or before the asylum grant? Did you tell the officer/judge that you struggled with your sexuality and that you are not sure if you are actually gay/bi? Furthermore, since sexuality is “dynamic” and non-linear, should we expect that you’ll identify as something else later on in your marriage?
Correction for clarity: “…way of marriage is, and should be, deeply..”
My personal thoughts, yes it is questionable plus if you happen to marry with a girl it may endanger your citizenship via marriage case as well.
I think it can be explained (and indeed, you explained it very well, though obviously not everyone here agrees with me on that point). However, it also sounds like you may have evidence about this journey, including from your therapist. I would save any evidence you have – maybe you were also involved with LBGT organizations, for example, or have photos at events and parties. I doubt it will be needed, but if it is, you should save such evidence in the event that USCIS challenges your old asylum claim. Take care, Jason
Thanks for raising this question. My opinion is that, you might have an issue. Based on my experience and survey with the general public. It will be natural for the mainstream group to at least raise the question that…
Since you are bisexual, why can’t you engage with your opposite sex, you will be safe this way…right ? But It seems you have a valid claim so I wish you good luck.
But I do have a question that arises from some of my recent observation. So recently, I watched an army recruit video comparing china, russia and united states. https://www.youtube.com/watch?v=Kfe6d6MzeLM
There are several findings that bother me:
1) First of all, there is no dislike and 34k likes…and the comments are overwhelmingly pro-China/Russia…Should I be worry that china and russia are sending their countrypeople, infiltrating as asylum seekers and then sway the opinions of next generations of Americans ? cause it seems to me that it is working from the comments. I am worried about foreign interference of our great country. That’s if the comments are manipulated by China/Russia
2) If the comments section are not manipulated…that would mean the average, mainstream Americans are inherently…probably not that liking of queers ?
So I want to ask you queers, as I am genuinely curious. what makes you decide to seek asylum in the United States ? It seems to me that, from the comment section at least…the average, mainstream American society is still largely not very liking of … lgbts…so what would be the difference, compared to the country of origin, that compels you queers to seek asylum in the United States ? ELI5
“Gay Asylum”, before you post your questions/comments, you should READ them over SEVERAL times first. Then, you should ask yourself if they make sense! Your questions don’t make sense and your position on seeking asylum in the US as an LGBTQI+ person is absurd, unactual and purposely misleading, to say the least.
not factual**
Hi, jamie.
I am sorry you feel that way. I am just curious and trying to do an inquiry. I work closely with the lgbt community so I should say I am rather familiar with this group.
Your reaction is what I want to get. If you don’t mind, would you like to share that which part makes you unhappy ? I hope I can address that.
@Gay Asylum, first of all, you shared a YouTube video about army recruitment, which has nothing to do with the topic we are discussing, and then made erroneous conclusions (based on comments on the video from random people) about seeking asylum in the US as an LGBTQI+ person. Did you check the source and the audience the source was trying to reach? In addition, you used an offensive, outdated word- though you “work” closely with LGBTQI+ people- to describe LGBTQI+ people. How convincing!
You incorrectly claimed that majority of Americans have an unfavorable view of the LGBTQI+ community. FYI, according to GLAAD (2019), “GLAAD and The Harris Poll found that support for equal rights is stable. The majority of non-LGBTQ Americans (80%) support equal rights for the LGBTQ community. This particular statistic has been consistent since 2016.”
Furthermore, you seem to have no clue how asylum works. You don’t just qualify for asylum simply because you are gay/LGBTQI+. You have to demonstrate that the persecution or oppression is so widespread (for instance, the government persecutes gay people or private citizens in that country can physically harm you, without suffering any consequence, for being LGBTQI+ because its a cultural taboo) such that relocating would be useless. You also have to show that the government is either complicit or unwilling or unable to protect you. Thus, since this is NOT the case in the U.S., irrespective of the fact that there are the occasional, or pockets of, hate crimes against LBGTQI+ people in some parts of the U.S., it makes sense that people can seek asylum in the U.S. if they think that they could be persecuted in the home country for being LGBTQ. LGBTQI people can relocate in the U.S. to more LGBTQ-friendly cities or states. As well, the U.S. government will prosecute you and punish you severely for hate crimes committed against LGBTQI people.
I am positive that you if poll Americans on different religions (other than Christianity), some would have negative views on those religions. Americans may also have negative views on political opinions that differ from theirs. Americans may have negative views of a person who is of a particular ethnicity or “race”. Does that mean that people who hold those political opinions, or of that particular ethnic group, or practice a certain religion shouldn’t apply for asylum in the U.S. because some Americans think of them negatively? You need to use your brain!
Had I seen it sooner, I would have removed that post, but now that people spent time commenting on it, I am leaving it up. Take care, Jason
Hello Jason,
Do you think USCIS can use the biometric fingerprints from I-589 to apply it to the ead c8 application?
Yes – I think they are trying to do that in most cases. Take care, Jason
Hello Jason,
My friend has been waiting for his ead renewal more than 7 months now, recently he applied for a job in pharmacy and got hired, he wants to expedite ead based on his new job as healthcare worker but he is afraid that uscis will think that he got this job specially to expedite his ead, what do you think? P.s. he has never worked in pharmacy or as other healtcare worker before.
I think there is no chance of that being a problem, and I think he should try to expedite – he is entitled to it, and there is no harm in making the request. Take care, Jason
Hello Jason,
Thanks for all you do for this community, it is well appreciated.
I followed through to the information you gave us regarding expediting the work authorization renewal for Healthcare workers. I was able to get through to the USCIS on 01/20/22 after being dribbled by their automated system, my details were collected and was told to await their email for the next action.I got an email today that they had taken an action regarding my case that I should log in to my account. The renewal has been approved; and that the notice had been sent. That EAD card will be sent separately.
Note that they acknowledged the receipt of my application since August 31st.
I also used the opportunity to ask if the interview can be expedited in this manner; to this she said no.
Did they ask for a employment verification letter or just approved it based on verbal information?
Just the verbal information. I was surprised too because I got the letter and my I.D card ready.
Dear Jason,
i applied for green card based on asylum in august 2021, ( when i check the processing time its between 15 month to 44 month) isnt it a joke?
i live in virginia what is your expereince with your client based on asylum and how soon they received their green card.?
my other question would be ? i got my asylum approval back in august 2020 and i applied for my green case based on asylum in august 2021, given if i get my green next year ? what would be the issue date for my my green card? would it be from date of green card approval date or the date an an individual eligible for green card in my case which is august 2021???
These days, we are seeing asylum-based green cards take maybe 2 years or more. Once you get the GC, it should be back-dated one year, but we have now seen two examples where the card was not back-dated. Why that happened, I do not know, but at least one person does not want to bother correcting it, as it will be difficult. Hopefully, these were just anomalies and it is not a pattern, since USCIS is supposed to back-date the GCs. Take care, Jason
Jason, I think people should challenge these “mistakes” by USCIS. If people accept these “mistakes”, then they become more commonplace as USCIS employees will believe that they can do these things and get away with them. I have seen this 2 times so far- as in people I know personally- since Biden became POTUS. They could very well be genuine mistakes; I find it hard to believe that since this has become so common.
Furthermore, USCIS employees, when applicants make simple mistakes or unintentional misrepresentations, all of a sudden become detailed-oriented.
I think people put too much faith into humanity- not realizing that there are some very evil, hate-filled, biased people ( and, yes, some are government bureaucrats) out there.
I think your implication is that these are not mistakes, but deliberate, and although I think that is probably not the case, I would not be surprised either way. I do agree that these “mistakes” should be challenged when possible. For my part, we are in triage mode and given all the other disasters USCIS and EOIR are throwing our way, this is a low priority. That said, I agree that it is wrong and if the GC recipients have the energy to challenge the results, that could benefit those individuals and the system in general. Take care, Jason
Jason, you are probably right
Hi Jason,
How are you?
I really appreciate your crucial contribution and up to date advice to the asylum community!
I am a health care worker with a pending asylum case of several years. I entered in to U.S legally and applied for asylum before my visa expired. It is been a couple of years since my visa has expired.
In addition to the challenges and stressful conditions of working as a health care worker during the time of COVID-19 Pandemic, I am tired of endlessly waiting for my first USCIS interview.
Currently, I am exploring if there is any possibility that I may be able to apply for employment based green card via the sponsorship of my employer or adjust my status.
Would you please tell me your detailed expert opinion on ways and requirements of employment based green card application for asylum seekers with a pending application?
Thanks a lot!
I did a series of posts about that on August 6 and 28, 2018 and September 6, 2018. Aside from eligibility, the main issue is whether you can get the GC in the US or whether you need to leave the US to get the GC overseas, and whether that is even possible. Maybe those posts will help, but you will need to talk to a lawyer about the specifics to see what is possible. You might also consider expediting the asylum case based on the extra stress it is causing (on top of the already high stress of your job). I wrote about expediting on March 30, 2017. Take care, Jason
Hello Jason,
I hope you are doing well. Are asylum seekers with EAD eligible for unemployment benefits?
Thank you
yes I used unemployment benefits last year on ead
Hello, if ead extension is expired and I lost my job, can I apply for unemployment?
No you can not because a requirement of unemployment benefits is that you must be able to accept employment
If I resigned, can I get unemployment benefits ?
This makes sense, but I do not know – I wonder if Gani could get advice from the Unemployment Office about that. Take care, Jason
no you can not get unemployment benefits if you resign. you need to have been let go from your job by your employer through no fault of your own and oyu must be able to accept new jobs. With an expired ead you are not eligible for unemployment benefits.
But just to confirm plz call your state’s unemployment benefits office.
no you can not get unemployment benefits if you resign. you need to have been let go from your job by your employer through no fault of your own and you must be able to accept new jobs. With an expired ead you are not eligible for unemployment benefits.
But just to confirm plz call your state’s unemployment benefits office.
As far as I know, they are, but you need to check with the Unemployment Insurance Office. Take care, Jason
Hi Jason,
Does any of your client have their interview rescheduled after it got canceled due to COVID-19?
My interview was scheduled for May 2020 then it got canceled but never rescheduled. It has been almost two years now. I called the field office they said make a request to be on the short notice list but my attorney said since mine was canceled due to COVID so it will be top priority even above the short notice list. Will request on short notice list help or there is nothing I can do except waiting ?
Hi, waiting. similar situation. May I ask which asylum offie is this ?
Hi Short Notice,
It is Chicago office. How about yours?
Is this an asylum interview? If so, a rescheduled interview should be the #1 priority, but I think you need to contact the asylum office directly to reschedule (and not the Field Office). You can find their email if you follow the link under Resources called Asylum Office Locator. Also, they should have done this automatically, but in my experience, they often do not – so email them to remind them. Hopefully, that will work. Take care, Jason
Hi Jason,
Is it possible to get a I94 from 24 years ago? I have someone that has had EAD declined and they asked for i94 but he came in 1997. He does not have it. Please advise
thank you!
Hi Jason,
Is it possible to get a I94 from 24 years ago? I have someone that has had EAD declined and they asked for i94 but he came in 1997. He does not have it.
I have never had luck getting an old I-94 like that through a FOIA, unless the person filed some type of application and included a copy of the I-94 with that application (for example, they filed an I-539 and included the I-94; the FOIA should give you all that). I know there is a process to just get the I-94, and I have tried it once or twice, but at least for me, it never worked. Take care, Jason
Hi Jason,
I applied for my Ead renewal last year Jan 21 2021,almost a year or 12 months and my extension expired on Jan 17 2022, I lost my job. I submitted inquiry for my case but no response. This is 3rd ead application. Now I am worried, can I call USCIS office to expedite my case as it is still showing that receipt notice sent.
This is horrible – I am sorry. If you are a healthcare worker, you can follow the procedure above. Otherwise, you can still try to expedite, but USCIS might want to see evidence that you are behind on your bills or losing your home (for them, “only” losing your job may not be enough to expedite). I wrote about this on January 29, 2020. Good luck, Jason
Hello Mr. Jason,
I hope you’re doing well.
We submitted our I-485 in December 2019 after being granted asylum in 2018. I just got an email today saying that my case status is Initial Review, and it was “transferred to another office for processing” and “USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation.”
I had a few questions about this:
1- Since we had an interview for our asylum case already, are we going to have another interview?
2- Is it common for cases to be transferred to different offices for processing?
3- I don’t have any criminal record, traffic/parking tickets, or any official interaction with law enforcement. Would the process be faster for me? (My parents had a couple traffic tickets, paid in full)
4- I know that USCIS isn’t accurate in terms of being able to rely on old data, but approximately how long does it take for the case to be resolved/approved after this step? (At least for your experience with your clients.)
Thanks…
I just received the same letter. I do not think it is something specific to your case but I think cases are being moved from Texas Service Center to other Centers.
1 – The Trump Administration changed the rules so that all GC applicants get an interview. USCIS never fully implemented that rule, but the bottom line is, you may have an interview. 2 – Yes. 3 – I think if you had a criminal (as opposed to traffic) issue, it could cause additional delay, and so your case will probably move faster than someone with a criminal record. That obviously does not mean that your case will go fast, since it has been 2+ years already, but I expect you will see progress in the next few months. 4 – We are seeing asylees get the GC in about 2 years or maybe 2.5 years, though I think if you check USCIS processing times (at http://www.uscis.gov), the potential time is longer than that. It just is not very predictable, but again, I expect you will see some news in the next few months (hopefully). Take care, Jason
Jason,
I hope this message finds you well. I filed for i485 in August, my application is handled by NBC. They sent me a letter in Sep that they were able to use my previous biometric and background check.. It has been 6 months, I contacted them few times but no one was available to provide the time line. I made an inquiry about the processing time and they replied, “Due to workload factors not related to your case, USCIS anticipates a delay in completing your case. USCIS is committed to adjudicating immigration benefits in the order received and in a timely and efficient manner.” I am planning to write to my Congressman and see if their office can help. Do you think it is a good idea or should I wait for few more months since it has been 6 months. I need to travel to see my family which I can’t because my family can visit me in UAE but UAE doesn’t accept RTD. Thank you for your time. Ray.
I think there is no harm in requesting help from a Congress person, but I also doubt it will help. I did a post about expediting on January 29, 2020 and maybe you can try some of those ideas, though I think it unlikely they will help either (again, you never know and there is no harm in trying). That said, even if you have a GC, you are supposed to travel with an RTD, and so whether you travel to UAE now or after getting the GC, you will need to use your home country passport. Generally, this will not affect your status here (maybe the only exception is if your asylum case indicated that your home government wants to harm you and is maybe threatening your passport status), but you should be prepared to explain why you used the passport (which you can – since UAE will not accept the RTD). The only difference is that if you have the GC, you can use that to return to the US. Whereas now, you have to use the RTD to return to the US. In short, I think whether you have your GC or not, you will still need to visit your family in the UAE using your passport, and so it seems to me that the delayed GC is not affecting this. Take care, Jason
Dear Jason,
Thanks Sir for all your help. I would like to share my second EAD renewal progress with you guys. My EAD expires on 05/07/2022 and I applied to renew few days ago on 1/18/22 (mail delivery date) today 1/20/22 I discovered that the two $410 and $85 fees are cashed out from my bank account by the USCIS. I didn’t even get the receipt notice in the mail! Does this mean they are processing our EAD card renewals (I and my wife as a main applicant) ? Of course we are a pending asylum case since 1/18/2018.
Also there an issue regarding the renewal. Last renewal it should have been valid up to 07/20/2022 but as they processed it earlier for us we found it up to 05/07/2022 that’s over two months taken away! Why don’t they stick to the exact expiration date?
Thanks
I expect you will get the receipts in the next few weeks. As for the lost two months, I do not know about that. The card should be issued for 2 full years. USCIS seems to be making a lot of errors these days, but correcting them is next to impossible. Hopefully, you will get the full time for your next card. Take care, Jason
This is my 4th ead renewal, after reading above comment I am confused. Should I pay Biomatric fees $85.00? USCIS says do not pay $85.00 as the application will be rejected due to overpayment. But “EAD RENEWAL” says he paid $85.00. Here is what USCIS website says:
Alert: USCIS Stops Applying Certain EAD Provisions for Asylum Applicants and No Longer Requires Biometric Services Fee From Asylum-Based EAD Applicants
On Feb. 7, 2022, the U.S. District Court for the District of Columbia in the case, Asylumworks, et. al. v. Alejandro N. Mayorkas, et. al., vacated the June 22, 2020, final rule, Removal of 30-day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications Rule and the June 26, 2020, final rule, Asylum Application, Interview, and Employment Authorization for Applicants Rule. Effective immediately, USCIS has ceased applying these rules to asylum applicants. Instead, USCIS is applying the provisions of 8 C.F.R. §§ 208 and 274a that were in place before the rules listed above took effect in August 2020. This applies to the adjudication of Forms I-765 and I-589 that were pending with USCIS as of Feb. 8, 2022, as well as to Forms I-765 and I-589 received on or after that date.
“As a result of the Asylumworks order, effective immediately, applicants for employment authorization in the (c)(08) category SHOULD NOT submit the $85 biometric services fee with their Form I-765. The biometric services fee is no longer required and submitting the $85 biometric services fee may cause your application to be rejected for overpayment. USCIS will continue to provide updates regarding how the Asylumworks order impacts applicants and USCIS processes.”
Jason, can you kindly clarify? Thank you
If the renewal is based on asylum pending (category c-8), you do not need to pay the $85. You “only” need to pay $410. The rule changed in February after a court issued an order about that. Take care, Jason
Thank you Jason, stay blessed
Hey, don’t want to rain on your parade, but ead renewals are very slow now. I have the same situation, I’ve sent my ead renewal and the next day uscis took money out of my account, I got receipt in a week, since then no update on my case. But this is still an improvement because last year people would wait for weeks for their cases to be accepted and processed at lockboxes, apparently uscis hired a lot of people to eliminate case intake backlog so petitioners get their receipts quick. Unless uscis hires more officers to handle applications, waiting times for ead rewals are at least 7 month.
We are hearing that EAD renewals are taking 10 or 11 months, which is ridiculous (even 7 months is way too long). Take care, Jason
Hi Jason, just wanted to update you on my i 765. i received i 797c in exactly a week (last time it took 4 weeks), does this mean that things are speeding up?
(thank you for all the help you give!)
Let’s hope so. I have not yet observed any speeding up. Take care, Jason
Hello Jason ! Thanks for taking care of everyone coming to your doors asking for help and you endlessly helping everyone with your excellent knowledge, extensive experience, deeply, earnestly, genuinely, naturally, profoundly, really, truly. All the words are less for you. God bless you and your proud family.
I am on my pending Asylum with IJ, my extension of EAD for 180 days is ending in few days. Tried calling so many times to USCIS for expedition as I do fall in essential services of IT industry for providing virtual conferencing system in this hard time of Covid-19, but no luck. Should I stop working and inform my employer about the situation I am in. Are the consequences of working on pending EAD & pending Asylum tough?
Thanks
Kool
Working unlawfully has no effect on the asylum case, and since you are already in court, my guess is that you will not be applying for other relief, since you are probably not eligible (some applications, for example, an employment-based GC, are affected if you work unlawfully). Whether your employer can get into trouble for this, I guess they can, but I do not know the rules about that. Also, they might be angry if you do not tell them. Maybe they can give you a leave of absence until you get the new EAD? Whether you tell them is up to you, but hopefully if you do, they will be accommodating, as much as possible. Take care, Jason
Hi Jason
Can you shed more light on this statement?
“Working unlawfully has no effect on the asylum case, and since you are already in court,”
But doesn’t that make you ineligible to adjust your status to LPR?
In the form I485, it asks that specific question. Does USCIS overlook that while processing I485 if you are granted in court and have admitted working unlawfully?
Meaning, unlawful employment does not make you ineligible for asylum. It could theoretically require a waiver to get the GC (under INA 209(c)). However, I have never seen USCIS request a waiver, and such a waiver would almost always work in that situation. Talk to a lawyer for more specifics, but if you are in court and your only relief is asylum, unlawful employment would not block you from that. Take care, Jason
Hello Jason,
What do you think about FOIA request for asylum pending descisions? Is it possible to submit request and see officer notes and that way conclude what descision will br? And how much time after interview I should I wait before submitting request?
Thank you,
Alex
You can submit the request at any time. Sometimes, you get the notes and other times, you do not. Take care, Jason
Hello Mr Jason
I’m living in Houston My asylum case was granted on Aug /2021 then I applied I-730 for my wife and kids in Sep 2021 in Texas service center and got the receipt number on October then I send an expedite request to same office Texas service center on first of Dec 21 , I have called uscis they said my application I 730 processing with Houston asylum office because it is based on asylum case then I contacted asylum office they says my application I 730 not processing with asylum office they said I have to contact with uscis I’m a kind of confused here would you please give me some light on the subject what is going on here and where is my expedite request ?
Regards
As far as I know, I-730 forms are processed by USCIS, not by the asylum office. I did a post about expediting with USCIS on January 29, 2020 – maybe that would help. Also, there is a link under Resources called I-730 Family Reunification Manual, and that has a lot of helpful advice. I am not sure if it talks about expediting, but maybe. Anyway, it may be worth a look, as I-730 cases are not moving quickly. Good luck, Jason
Happy New Year Jason!
I have a few questions please. I am applying for my EAD after waiting 365 days as an Asylum seeker, I would just like to know will I be receiving my social security at the same time? There is a question on the i-765 EAD form that asks if I need a social security, the form states that they will send the forms to the SSA. I just want to be sure that I will receive the SS before I can apply at the SS offices.
Another question, do I send my forms to the TEXAS offices although I stay in Washington State?
If you complete the part of the form about an SSN, you will receive that (usually shortly after you get the EAD itself). As for the address, you have to check the Direct Filing Addresses for your category (presumably c-8, asylum pending) on the I-765 page at http://www.uscis.gov. Take care, Jason
Hi Jason,
Hope all is well; I follow up with 2 different attorneys in regards to file a write of mandamus for my asylum case(5 years waiting for my decision) both immigration attorneys described the process which includes emailing USCIS and threatening them & then file a write of mandamus against USCIS if they don’t receive my decision after 30 days. First attorney charge $2,900 for everything and 2nd one charge $5k to send an email(threatening email to USCIS) and another $3k to file a write of mandamus.
I’m kind of confused about threatening email and if they’re proficient/legit in regards to write off mandamus. Any feedback would be appreciated. Thanks again for your help
Hopefully, if they threaten the mandamus, the asylum office will issue a decision rather than fight the mandamus case. If not, you will actually have to file the case, which is more work and thus more expensive. Maybe attorney #1 feels very confident that the threat will be enough. The different prices do not tell you anything about the quality of the lawyer, and so you will have to decide which lawyer you think is best/most honest/reliable and choose that person. Take care, Jason
Jason, thank you. I agree that the wildly different prices doesn’t tell anything about the quality of the lawyers. But one can agree that charging 5k to send a “threatening” email- and then 3k to do the actual work- is quite suspicious/underhanded, to say the least. Even if this lawyer has a 100% success rate, I (personally) would run as far away from this lawyer as possible. There are many attorneys who successfully represent their clients (in an honest way) everyday in courts and at USCIS, even if it’s a mandamus lawsuit.
I am not sure I agree about this particular price structure. To make the threat, the lawyer normally needs to prepare the lawsuit, and so much of the work (aside from filing) will be done. Also, there are a number of “up front” costs to taking a case (opening a file, doing accounting) that may not make it worthwhile to take a case for less money. That said, certainly a potential client can ask about the fee structure to see whether it makes sense or might be a sign of trouble. Take care, Jason
Jason, thanks for explaining that way. This makes a lot of sense. Still, almost $9000 is a lot.
True – I need to get that guy to hire me…
Hi Jason; thanks for your response. I asked my attorney who helped me to submit my asylum case back than to send that email and she actually agreed to send a threatening email(for Write of Mandamus) to Asylum office for free. I will keep you updated. Take care
Great – let me know if that does any good. Take care, Jason
Hi Jason; thanks for your response. I asked my attorney who helped me to submit my asylum case back than to send that email and she actually agreed to send a threatening email(for Write of Mandamus) to Asylum office for free. I will keep you updated. Take care
Hi Jason. How they will verify job on call? is there any way to contact them on website for i765 expedite?I am Health worker in public health and working on covid19 work load . i have applied for renewal 3 months ago but still pending.
They will ask you to upload a support letter/proof of job on the uscis online account.
You just have to tell them when you call. They can request evidence later, which you would need to email them or upload to the USCIS website – an employee ID or a letter from your employer on letterhead should work. Take care, Jason
Hi Jason I have send I 730 application for my wife in texas office, I forgot to put two passport size pics of my wife in the packet, how can I send them back? And also how long does it take to receive a receipt for I730 application?
Thank you.
It is possible that USCIS will reject the application and return it to you. If they accept it, they should send a receipt in maybe 3 to 5 weeks. Once you have that, you can make a copy of it and send that to the office that issued the receipt, and attach photos to that. Alternatively, you can just wait for USCIS to request the photos and send them when requested, which will probably be easier. Take care, Jason
Hi Jason,
I work full time in a state job at ‘California EDD’ in a project manager position leading COVID-19 benefits, claims, and payments project and enhancing it.
My EAD expired Sep 30 2021 and the extension will expire end of March. Am I also eligible for expedited renewal? The statement below kind of points to what I’m doing. ‘Government entities …. supporting access to healthcare and associated payment functions’.
The document lists “Government entities, and contractors that work in support of local, state, federal, tribal, and territorial public health and medical mission sets, including but not limited to supporting access to healthcare and associated payment functions, conducting public health functions, providing medical care,
supporting emergency management, or other services necessary for supporting the COVID-19
response.”
Hi,
I am also in California, I called uscis an hour ago and submitted an Expedite request for my ead. Tell them that you are an essential worker and there will be financial loss for both you and your employer if your new ead does not arrive on time.
The uscis memorandum covers a lot of industries which encompass critical infrastructure. I also asked my boss and they are willing to write a leteer of support that I can submit if uscis asks for it.
You can call the number and tell them you are a healthcare worker and want to expedite. if the want further information USCIS will email you ask for proof to prove that. While sending the supportive documents you can also attach a cover letter explaining what you do and why you are qualified to expedite.
I am not sure, but it seem like you should try. Get a letter from your employer explaining how you are involved in healthcare, and you can use that as evidence. Hopefully, it will work. Take care, Jason
Hi Jason,
The uscis memorandum for expediting EADs lists a lot of industries not just specifically healthcare and the memorandum mentions essential workers supporting critical infrastructure industries not just healthcare.
“The list identifies workers who conduct a range of operations and services that may be essential
to continued critical infrastructure operations, including staffing operations centers, maintaining
and repairing critical infrastructure, operating public safety call centers, working construction,
and performing operational functions, among others. It includes workers who support crucial
supply chains and enable cyber and physical security functions for critical infrastructure. The
industries that essential workers support represent, but are not limited to, medical and healthcare,
telecommunications, information technology systems, defense, food and agriculture,
transportation and logistics, energy, water and wastewater, and law enforcement. State, local,
tribal, and territorial governments are responsible for designing, implementing and executing
response activities in their communities, while the Federal Government remains in a supporting
role. Officials should use their own judgment in making decisions regarding resource allocation
and other public health measures. While adhering to relevant public health guidance, critical
infrastructure owners and operators are expected to use their own judgment on issues of the
prioritization of business processes and workforce allocation to best ensure worker safety and the
continuity of the essential goods and services. Decisions should appropriately balance public
safety, the health and safety of the workforce, and the continued delivery of essential critical
infrastructure functions”
The DHS memo lists many things, but the new expedite rules only apply to healthcare workers as listed on pages 7 to 9 of the memo. Like I said above, anyone can apply to expedite, but if they are not a healthcare worker, they have to use the “normal” rules, which I linked to above. Take care, Jason
Hi,
Does something like backdate application for green card exists?
Thank you
If you get a GC based on approved asylum, the GC should be back-dated one year. However, we have seen some examples recently where USCIS has failed to back-date the card. Fixing that will not be easy and may not be worth the trouble, but it should be possible to correct, since it is a USCIS error. Take care, Jason
Hello Jason,
Thanks for all you do for this community, it is well appreciated.
I followed through to the information you gave us regarding expediting the work authorization renewal for Healthcare workers. I was able to get through to the USCIS on 01/20/22 after being dribbled by their automated system, my details were collected and was told to await their email for the next action.I got an email today that they had taken an action regarding my case that I should log in to my account. The renewal has been approved; and that the notice had been sent. That EAD card will be sent separately.
Note that they acknowledged the receipt of my application since August 31st.
I also used the opportunity to ask if the interview can be expedited in this manner; to this she said no.
That is good – hopefully, you get the actual EAD soon. In terms of expediting the asylum interview, USCIS has nothing to do with that. You have to try to expedite directly with the asylum office – I wrote about that on March 30, 2017. Maybe the stress of the long wait combined with the stress of your healthcare job can be used as a basis to expedite. Take care, Jason