Vladimir Putin has had a gun to the head of Ukraine for years. The most recent troubles began in 2014, when a pro-Russian president of Ukraine fled to Russia, rather than submit to an impeachment vote (he was impeached anyway). Several regions of Ukraine declared loyalty to the former president, and fighting broke out. Ultimately, parts of Ukraine came under Kremlin control, including the Crimean peninsula, which Russia annexed after an “election” by that region’s residents. Since then, fighting and allegations between the two nations have waxed and waned, but the Russians did not move towards a major escalation–until recently.
The current buildup began last fall, and there are now more than 100,000 Russian soldiers and Ukrainian separatists deployed for war. Analyst have suggested that a large-scale invasion is likely in the coming days or weeks. What does this mean for Ukrainian citizens in the United States who face possible persecution if Russia takes over or installs a pro-Russian puppet? Can such people file for asylum now, even though a Russian invasion is still speculative?
There are certainly Ukrainians who have a lot to fear if Russia takes control of their country: Politicians, diplomats, journalists, soldiers, civil society activists, LGBT individuals, religious minorities. Given Putin’s record in his own country, such people face a real likelihood of persecution or death if Putin seizes control of the Ukraine. But could these people receive asylum now, based simply on the threat of a Russian takeover?
To obtain asylum, an applicant must be outside his country of nationality and must demonstrate a well-founded fear of persecution based on race, religion, nationality, political opinion or particular social group. He must demonstrate that he is subjectively afraid to return to his country, and that his fear is objectively reasonable. Finally, the applicant must show that the feared harm will be caused by the government or a group that the government is unable and/or unwilling to control, and that there is no where in the country where the applicant can live safely.
Certainly, anyone living in Ukraine today faces an objective fear of harm, given the real likelihood of war, and any Ukrainians who are outside the country have a legitimate fear of return. So it would be easy to demonstrate the requisite fear, even before an invasion begins. However, fear alone is not enough to qualify for asylum.
An asylum applicant also needs to demonstrate that the harm would come from the government (which is not the case here) or a group that the government is unable or unwilling to control (in this case, Russia or pro-Russian Ukrainians). This is a more difficult point to demonstrate. Clearly the Ukrainian government wants to protect its territory from the Russians. Whether it is able to do so, we do not know. Also, of course, we do not know Mr. Putin’s intentions–does he plan to seize all of Ukraine or only a piece? Or might this whole escalation be a bluff? Because we do not know, we cannot answer questions about whether a potential asylum applicant can live safely somewhere in Ukraine or whether the current government can protect such a person from harm. For these reasons, it seems to me that the U.S. government could not grant asylum today based on the possibility of a Russian invasion.
Also, we do not know how a post-invasion Ukraine would look. Would “undesirables” be persecuted for their political opinion (or alleged political opinion)? Would sexual, religious, and racial minorities face persecution, as they often do in Russia? Without any real evidence about these issues, I do not see how an asylum claim could succeed at this time.
That said, given the very real and legitimate concerns of all Ukrainians, and especially people who would likely be targeted by a pro-Russian regime, what can be done now for Ukrainians who are in the U.S. and fear return?
The simplest solution for those who want to wait and see how the situation develops is to request additional time in the United States. Depending on the type of visa you have, there are different ways to extend your status here. For visitor visas (B visas) and other types of visas, Form I-539 allows a person to extend or change her status. It is important to file this form before your current status expires, but if you do, you can remain in the U.S. at least until USCIS adjudicates the request. For people with an F-1 visa or an H1b, G or A visa, you can usually extend your status by extending your period of study or employment. In short, for most people in the United States with a lawful non-immigrant status, it is relatively easy to extend your period of stay by at least six months, which might be enough time for the situation in Ukraine to become more clear.
Another possibility is Temporary Protected Status (“TPS”). The U.S. offers TPS to citizens of countries struck by war or natural disaster. We do not know yet, but I imagine if Russia invades Ukraine, the U.S. government will offer TPS to Ukrainians currently in the United States. Such status typically lasts for a year or more, and would give you time to see what happens in Ukraine and whether it becomes safe to return. People who receive TPS are also eligible to receive a work permit.
Finally, though a “preemptive” asylum application is not likely to be granted, it is possible to file for asylum–even before a Russian invasion. Doing so would allow the applicant to remain in the United States (and eventually get a work permit) until the case is adjudicated, which could take anywhere from a few months to many years. Depending on how things develop in the Ukraine, such an asylum application may be granted or denied. But since the case will be adjudicated sometime in the future (months or years from now), the strength of the case will depend on the situation in Ukraine at that time.
One last point to keep in mind–if Russia does invade and you want to seek asylum in the U.S., you need to be aware of the one-year bar, which requires you to file for asylum within one year of arriving here or meet an exception to that rule. I wrote about the one-year bar here (note that a Russian takeover would likely be considered “changed circumstances” that could excuse the one-year bar, but you need to file for asylum within a “reasonable” time of that change–all this is discussed in my article).
Hopefully, this entire discussion remains academic and Russia stands down. But if not, Ukrainians in the United States should know that they have options available to remain here legally–temporarily or permanently, depending on the need.
I’m sponsoring a family of 3 from Ukraine – The husband was approved and the case is confirmed within 5 DAYS on November 22nd, but the wife and son’s files are still sitting in the USCIS Abyss – NOTHING IS HAPPENING and the people I have spoken with are about as helpful and eager as a corpse. I realize they have opened more countries, but why can’t they finish what was submitted first? This young family could have been here by now. Waiting for the US Government to respond is like waiting for someone to answer the phone at the IRS, or a postal worker to move quicker behind the counter. Is there anything I can do to move this along or get someone’s attention? The USCIS continually wants a survey from me – if I were honest, they would never process these two cases. Any help or expert advice you can afford would be greatly appreciated.
We spoke about this already, but in case you need them, the USCIS Help and USCIS Ombudsman links are under Resources. You might also try your local Congressperson’s office – sometimes they can assist. Good luck, Jason
Hello Jason!
I entered the US in 2014 and I applied for asylum and still waiting for my first interview. I am Ukrainian, so on May of this year I applied for TPS as well.
My last entry to the US was from the third country (my husband is Colombian and I had a spouse visa). We reside in Colombia for 6 months and from there I entered to the US.
I read about the “firm resettlement bar” for people who resided in third countries with an immigration status prior their arrival to the US.
Does the firm resettlement bar based on permanent residence in a third country (prior to arrival in the US) apply if that event occurred BEFORE the TPS designation?
Will appreciate your response!
Thank you for helping immigrants!
I do not see how the firm resettlement bar has any relation to TPS. If Colombia offered you a permanent status, you may be barred from asylum here (even if you did not accept that status or abandoned your status in Colombia). This is a difficult issue for asylum case, and so if you think it is a concern (and it sounds like it may be), talk to a lawyer to determine how best to deal with this issue. Even if you have the best asylum case in the world, you can be denied based on the firm resettlement bar. Take care, Jason
Hello Jason and thank you so much for the response!
Yes, I’m aware that the firm resettlement bar can cause a trouble with my asylum case, that’s why I’m trying to adjust my status through the TPS (with the new program of getting out from the US with the TPS status and travel document hopefully it would be possible adjust the status with the employment based program).
So do you think the fact that I was in Colombia and that my spouse is Colombia won’t cause any trouble in getting the TPS status approved?
Thank you!
I do not see how a visit to Colombia, or the fact that your spouse is Colombian would have any effect on your TPS application. I do not do a lot of TPS, but as I understand it, neither of these factors would block you from TPS. Take care, Jason
Dear Jason,
I just wanted to file for expedited proceedings in my asylum case. I am LGBT+ person who suffered persecution before coming to the US from Ukraine. I wanted to expedite because my mother fled to Poland and is now in bad physical and mental condition. My brother and father were not permitted to join her. She is left alone. How should I justify the petition to be interviewed. Any advice? What are the chances I will get it? Waiting for you response. Best, Victoria.
Typically, they will not expedite based on a problem with your parent (since you cannot bring a parent to the US even if you win), and so maybe you want to present this as a mental health problem for you – get a letter from a therapist that the situation with your family and your country, combined with the long wait, is affecting your mental health. If the asylum case could be resolved, your mental health would improve. I think that is your best bet. Also, you might consider Advance Parole, which would allow you to travel to meet her. If you have TPS, you can get AP based on the TPS. If you only have asylum pending, you can still apply for AP, but it is more difficult to get – I wrote about that on September 11, 2017. Take care, Jason
[…] lottery, etc.), they could pursue that option. They could also apply for asylum, though as I have written before, most Ukrainians would likely have a difficult time satisfying the legal requirements for […]
Hi, Jason, thank you very much for such a detailed post about the situation in the Ukraine! I am planning on applying for TPS (citizen of Ukraine) and would like to learn some more details about this status.
I entered the US in 2008 on a student visa and overstayed my status. In 2014 I got married and my wife applied for asylum (she is not from Ukraine). The case was denied by USCIS and referred to immigration court. We divorced and split the case in court and my wife was later granted asylum by IJ. I am still waiting for my final hearing. As you can see I had over 3 years of unauthorized presence in the US. If I apply for and get TPS now can I …?
1. Close my case in immigration court because I have TPS.
2. Get advanced parole to leave the US and come back.
3. Seek green card through employment or other means (i.e. “clear illegal presence bar”) since I’ve been working in tech for a number of years.
4. Apply for asylum (based on war in Ukraine) within a year of my subsequent entry.
Any other advice is highly appreciated!
1 – You can try. Different judges have different policies about this, but these days, DHS is more open to administratively closing a case, so maybe you want to reach out to DHS (the prosecutor). If they agree, the judge will likely agree as well. 2 – If you have TPS and the court case is closed, you can do this. I have had clients who were in court leave the US with TPS/AP and return, but I think that is a real risk, and at least I would have a lawyer research the risk more thoroughly for you. 3 – It may be possible. I did a post on August 28, 2018 that might help, but you need a lawyer to evaluate whether you can do it and whether you would need to leave the US to get the GC overseas (and whether that is even possible). 4 – You can, as there are changed circumstances, but at this point, I do not know that there is a viable asylum case based on the invasion (as I wrote above). However, if the government changes, then that would be a stronger case. Anyway, given the long time frame for court cases, you can apply for asylum now and see where things stand at the time of your individual hearing. Take care, Jason
Hey Jason,
Now that the Ukraine situation has drastically changed, do you think ukrainians are eligible for asylum in the US?
Thanks!
I think it is still too soon to evaluate that. The government has not changed and although the situation is extremely dangerous, generalized violence is not normally a basis for asylum. I have heard that the US government will offer Temporary Protected Status or TPS to Ukrainians, but I have not seen anything yet from USCIS. If that happens (and I expect it will), Ukrainians will be permitted to remain in the US with a work permit until the TPS period ends (which would normally be at least one year). Also, anyone in the US in valid non-immigrant status can file form I-539, available at http://www.uscis.gov to extend or change their status so they can remain here longer. Take care, Jason
Hey Jason,
when do you think Congress will issue TPS for Ukrainians?
thanks
It’s not up to Congress; it is a decision for DHS, and I imagine they will authorize TPS. I know this has been an issue raised by at least one major human rights group, and so I expect the advocacy community will also work for this, assuming DHS does not make an announcement quickly. Take care, Jason
Hi Jason,
I am a U.S. Citizen, I filed I-130 for my parents who are not in the US. I would like to ask you questions regarding USCIS processing time.
Our paper I-797C Notice of Action 1(NOA1) was sent from USCIS Potomac Service Center. Our online status however has always stated our case is being processed at the Nebraska Service Center.
Then we sent an outside normal processing time inquiry to USCIS Nebraska Service Center then no respond. Then we made a phone call to USCIS representatives then we are told our case is being processed at USCIS Potomac Service Center. That time there was a confusion about which service center is being processed our case.
Now our case is an outside normal processing time at Potomac Service Center.
Do i qualify a service request with USCIS?
Will that affect any action from USCIS since we previously made a service request and phone calls to USCIS?
Thank you for your help again.
They typically only take action if the case is 90 days over processing time. I believe I responded to this in an earlier post, but there is no harm in trying to contact them and see if it helps. If you have a reason to expedite, you can try that – I wrote about expediting on January 29, 2020. Take care, Jason
Hi Jason,
I am a U.S. Citizen i filed I-130 for my parents not in the United States.
I would like to ask you a question regarding the USCIS Processing time tool.
Why estimated time range and Receipt date for a case inquiry not the same? My receipt date for a case inquiry is scheduled. But the Estimated time range is behind about two weeks. Which one should I follow Estimated time range or receipt date for a case inquiry? Should I wait until the estimated time range finishes. Do I qualify for case inquiry? I am confused.
Thank you for your help.
The I-130 should have a “priority date” and that is the date you use to check processing times. However, processing times are not exact, and vary depending on the case. I think an inquiry would not trigger any action from USCIS unless the case is at least 90 days outside the normal processing time, but you can try to inquire at any time. Take care, Jason
I had my interview in the first week of December 2021 and waiting for the results. Can I email them for my results or you advise me to wait until they respond.
I usually give them 90 days before I email them, but there is no rule about that. Emailing them is pretty useless, but it is the first step in trying to get a decision. Hopefully, they will send you a positive decision soon. Also, if you need it, I did a post about delayed decisions on June 2, 2021 (hopefully, you will not need this). Take care, Jason
Hi Jason,
Thank you for your support I have a question my individual hearing was scheduled in April this year but today I receive a notice of cancellation after 6 years of waiting for this individual hearing I’m soo depressed and I have medicament condition I don’t know what to do anymore, the notice say the will send a notice with new date for individual hearing, do you think the new date for individual hearing will be an other years? and it’s possible to expedite the date for individual hearing? due to my medical condition? Thank for your response
This is happening a lot – due mostly to Covid, but where I live (Washington, DC area), they are opening some new court locations, which is causing total scheduling chaos. It is terrible and unacceptable. In any event, you can try to expedite based on the medical condition – I wrote about that on April 20, 2017. You might wait a month or two to see whether you get a new date, or to wait for the Covid situation to (hopefully) improve, but you can try to advance the case at any time. Take care, Jason
Thank you.
My 6 month EAD extension is going to be expired next month, I tried to expedite multiple times with no luck! I talked to my manager, and he said he would put me on unpaid leave of absence for 1 month! I will lose my job, if I don’t receive my card in 2 months. I also lose my earnest money since I will be closing my new on April. Guys I’m losing everything!
Don’t panic or overreact, My extension expires on MAR-23 2022 next month same as you. I contacted my congressman and 2 senators. Submitted an expedite request, created an inquiry, sent 5 messages from online account, called and spoke to USCIS 6 times and nothing happened.
If you are desperate and have no other option then go find any other job to do….I am sure there are thousands of jobs which don’t ask you for work authorization. If it comes to that I will do the same…….USCIS can go screw themselves……..
BTW I also submitted a message to white house for help with a federal agency an dhaven’t received a response yet.
True and well said!!!, we can’t do anything and we can show our frustration only. I applied on March 6th but received notification for March 12th and started working with an extension, lost my job last week, Created a service request one week ago, but no updates yet. still, the staus showing “is currently not assigned for processing”..
One glimmer of hope – I federal judge just invalidated a Trump-era rule related to EADs. While this does not directly apply to renewals, maybe (hopefully) it will free up some USCIS time to do other things, and maybe (hopefully) we will see some improvements. We shall see. Take care, Jason
My problem is that I bought a new construction home and the closing date is not clear yet! if I lose my current job, they would not qualify me the loan and then I will lose 30K (the money I put as the earnest money). Biden administration is clearly following Trump era, and everything is getting worse.
This is the type of severe financial loss that might qualify you for expedited processing – I did a post about that on January 29, 2020. Good luck, Jason
If you are somehow involved in the healthcare field, you can expedite on that basis – I wrote about that last month. If not, you can try to expedite based on financial hardship or other reason – I wrote about that on January 29, 2020. That is difficult to do, but maybe you want to try. Good luck, Jason
Thanks Jason. I’m not a health care worker but works for the School district(front line worker). I mentioned “financial hardship” only, but don’t know whether they are considering my request or not?
I am not sure, since so many people are in the same situation. But that is how you ask to expedite, so hopefully, it will work. Good luck, Jason
I called uscis again today and submitted a 2nd expedite request. The only person left that I have not contacted is GOD Almighty now.
Seriously biden govt fucking sucks…Even trump govt was better than this………
Sadly, my experience is that things are worse now than they were under Trump. Of course, it was worse under Trump than Obama, and many of the problems now step from the Trump era, but that was 1+ years ago and it is high time that USCIS get its act together. Take care, Jason
Dear Jason,
Thank you so so much for all that you do!!
I was granted asylum (based on my sexual orientation) in July 2018, and I applied for my I-485 adjustment of status (Green Card) just over 1 year later in 2019. My application is still pending (hopefully, good news soon).
I would like to start traveling internationally (not to my home country, of course!) once I receive my Green Card. Would I face any problems if I renew my home country passport and use it for travel to other countries (definitely not my home country). I am a bit reluctant to use an RTD because it takes so long to process and then, is only valid for 1 year versus my home country passport, which is valid for 5years! I have also heard some reports that if you travel on an RTD, you will face secondary screening and further questioning at the point of entry when you return to the US.
In summary, if I travel on my home country passport + green card, will I face any issues reentering the US. My asylum was based on my sexual orientation, and not issues with my country’s government. I understand that I am not permitted to visit my home country as an asylee or a GC holder.
Thanks!
Hey. You can safely travel on your country’s passport to any country. I have travelled to multiple countries on my cop passport without any issues at the border. I have seen people visit their home country briefly and returning back without any issue.
Normally, it would not cause any problems to use the home country passport, especially where you have no fear of the home government. However, I still recommend you try to get the RTD and use that whenever possible. It is annoying, but at least you can show that you tried to avoid using your passport and if you actually get it, you can use it to travel and re-enter. I do think that if you use the passport, you should be able to explain to US immigration why you did that (which you did above), just in case they ask. Take care, Jason
Hi Jason. Do the immigration officer have the Asylum record? How he will know about Asylum case on airport?
You never know what they have, but it is certainly possible that they will have the airport records. Asylum officers seem to usually have more info than other USCIS officers. In any event, you should assume that they have all your records, and try to make your current application consistent with prior applications and statements to the US government. Otherwise, you can be accused of lying. At a minimum, be careful about making statements that you are not sure about, and do not be afraid to say that you do not know, if that is the case. Take care, Jason
Hi Jason,
I am a derivative asylum applicant waiting for decision since 3 years ago. I am also waiting for I-485 based on NIW since a year ago. I have approved I-140. If I want to travel abroad for which case I should get advanced parole? For pending asylum or pending I-485 based on NIW? I don’t want any of these applications be cancelled once I leave the US.
You cannot get Advance Parole based on the pending I-140. You can only do that if you have a pending I-485 also (green card application). You can get AP based on asylum – I wrote about that on September 11, 2017. If you have AP based on asylum or the I-485, you can travel and return, as long as the AP document is valid. It is easier (and cheaper) to get AP based on a pending I-485, if that is an option for you. Take care, Jason
Thanks Jason, so If I get AP based on my pending I-485, my asylum case won’t get cancelled once I leave right? (I am asking because the AP is not related to the Asylum case). Also, will I have problem if I travel to COP once I return? (I am a derivative asylee and the main applicant).
You can travel using AP and return to the US. It should have no effect on the asylum case. However, if you go to the COP, it could have an effect on the principal applicant’s case, especially if the principal indicated that the entire family is in danger. I wrote more about this in the series of posts I did 2 weeks ago and earlier today, so maybe those would help, but if you plan to return to the COP, I would talk to a lawyer beforehand to see whether there might be a negative effect on the principal applicant’s case. Take care, Jason
Dear Jason,
Thank you so much for the blog. I would like to ask you three questions. My asylum application is pending since 2017. I’m about mail the office and ask to give me priority based on my health conditions and the terrible situation my family suffering from in my home country. In the meantime, I recently moved to SC from NY.
1) How long delay will I experience because of my move?
2) SC is kind of tough republican state. I’m afraid about their attitude to the foreigners. Is there data I can check to see decisions of the state USCIS office on asylum and state judges?
3) I recently adopted my two nephews (14 and 15 y.o). They are in my homeland. Can I add them to my case? Will they get immigration benefits in case I win?
Thank you so much in advance!
Dear Jason,
Thank you so much for the blog. I would like to ask you three questions. My asylum application is pending since 2017. I’m about mail the office and ask to give me priority based on my health conditions and the terrible situation my family suffering from in my home country. In the meantime, I recently moved to SC from NY.
1) How long delay will I experience because of my move?
2) SC is kind of tough republican state. I’m afraid about their attitude to the foreigners. Is there data I can check to see decisions of the state USCIS office on asylum and state judges?
3) I recently adopted my two nephews (14 and 15 y.o). They are in my homeland. Can I add them to my case? Will they get immigration benefits in case I win?
Thank you so much in advance!
1 – I do not know, but I doubt it is long. The case will move to the Arlington, VA asylum office, but I think the physical file does not move (it is in storage), so maybe that makes things faster (but really, I do not know, since so few people move and then get an interview soon thereafter). 2 – The Asylum Office is Virginia. I did a blog post with some data on February 5, 2020 about the asylum offices. SC is fine for the Asylum Office, but if your case is referred to court, it is difficult to win in that state. 3 – I think that will not work. There are requirements for adoption under US immigration law and I think you need to have some contact with them after the adoption. I am not sure, so you should talk to a lawyer about that. I do know that such adoptions raise suspicion with USCIS, as many people try to adopt children so they can bring them to the US, so be careful about how you approach this issue. If you plan to include them in your case, you should talk to a lawyer first to see whether they can come to the US if you win. Take care, Jason
Thank you so much for the reply!
2. If I will have to move somewhere after my case is referred to court couldn’t I move my case in the destination state court?
If you move, you can normally move your case to the new location where you live. This is not guaranteed, but we have never had a judge refuse our request to change venue after the person has moved to a new state. Take care, Jason
Hi Jason,
Thank you for your support I have a question my individual hearing was scheduled in April this year but today I receive a notice of cancellation after 6 years of waiting for this individual hearing I’m soo depressed and I have medicament condition I don’t know what to do anymore, the notice say the will send a notice with new date for individual hearing, do you think the new date for individual hearing will be an other years? and it’s possible to expedite the date for individual hearing? due to my medical condition? Thank for your response
This is happening a lot – due mostly to Covid, but where I live (Washington, DC area), they are opening some new court locations, which is causing total scheduling chaos. It is terrible and unacceptable. In any event, you can try to expedite based on the medical condition – I wrote about that on April 20, 2017. You might wait a month or two to see whether you get a new date, or to wait for the Covid situation to (hopefully) improve, but you can try to advance the case at any time. Take care, Jason
Hello Jason,
I work on W2 and I applied for work authorization renewal on September 22nd, 2021 and currently working with the receipt I-765 C form which gave me an automatic extension for 180 days but it will expire on April 15th, 2022 and I checked the progress time for renewals for the state of Nebraska in uscis.gov and currently, they are doing cases for June 14th and looks like I won’t get my renewed work before April 15th is there any way to expedite the work authorization renewal process or to get another extension for 180 days?
Any suggestions, opinions will be highly appreciated.
Thank you,
John Gazi
If you are a healthcare worker, you can expedite – I did a post about that last month. I posted about expediting in general on January 29, 2020 (if you are not a healthcare worker). In truth, everyone is having the same problem, and though you can try to expedite, it is not likely to work. Hopefully, you get the new EAD before the extension ends. Take care, Jason
hi Jason
after 24 month of my fiingerprint, my i485 application based on asylum transferred to national benefits center from TSC.
My question is what does this mean? and how long more approx I should wait for them to at least process my GC?
I think the transfer has no real meaning, though at least you know that you are not forgotten. We are seeing such cases take maybe 2 or 2.5 years, so hopefully, you will get some news soon. Take care, Jason
Hi Jason, thank you for your kind support.
I have a couple of questions.
1. How long someone with affirmative asylum status should wait without any decision to claim green card. Someone told me that if I’ve been here for 10 years, I can get a green card. Is that true?
2. Someone who is not a direct applicant for asylum can apply for an Advance Parole Document? If he gets the document, can he face any problem when getting back to the USA
Thank you.
1 – That is false. If a person has been in the US for 10 years, has a spouse, child or parent who is a US citizen or has a GC, and the person is currently in Immigration Court, there is a relief he can apply for called Cancellation of Removal. Waiting 10 (or 100) years for an asylum decision has no effect. You can try to expedite your decision – I wrote about that on June 2, 2021. 2 – You can apply for AP. I wrote about that on September 11, 2017. If you have a valid AP document (and a valid passport), you can travel and return to the US. It should not be a problem. Take care, Jason
Hi Jason,
I petitioned my wife and son through i730 in 2018 and they came to the US as follow to join Asylee. They are GC holders now. Both my wife and son want to visit my COP for a month and half. Will they have problems with CBP upon return or when my wife files for naturalization? Although they had no threat to them and I did not mentioned in my asylum application that my wife and son had threats to their life. Waiting to hear from you
Thank you
It should be fine to go back. Typically, dependents can return with no problem, and based on your description of your case, it sounds fine. That said, sometimes officers at the border may not know the rule, so they should be able to explain about all this upon return, in the (unlikely) event that anyone asks. Take care, Jason
Hi Jason, I am on my spouse’s application and we received MCH. Can I make a new asylum application under my name?
You can – I plan to post something about that later this week, so maybe check back, but the short answer is, a dependent in court can file their own case, and sometimes, it is necessary to do that. Take care, Jason
Jason, thanks for your reply. If I file my own asylum so new application will be after some years of my arrival in USA. Will that cause any problem in my application? And if I file my own new asylum application, will my current EAD still be valid, can I continue working on my EAD?
Since you are in court, you will basically just stay under your spouse’s case, but also have your own case. You can keep the EAD based on her case. I wrote about this issue in a post earlier today, so maybe check that out. Also, the one-year bar should not be an issue, since you were under your spouses case the entire time (however, if you were in the US more than one year before you were part of her case, the one-year bar might be an issue – talk to a lawyer about that). Take care, Jason
Hi Jason,
I am a U.S. Citizen, i submitted I-130 for my parents who are not in the United States, still waiting approval. I have been waiting for almost 1 year and 3 months. I think couple of weeks remaining my case to hit an outside processing time. May i know what is causing the delay and when can i expect a reply to have the i-130 approval?
Thank you
USCIS is a mess and most cases are going slowly. It has to do with budget issues, moral, changes to how forms are processed, and probably other problems I do not know about. Some of the problems should have been easily corrected (for example, eliminating certain policies put into place by the Trump Administration). I keep waiting for them to get their act together. Take care, Jason
Hi friends,
It seems to me that a lot of people are experiencing long delays for EAD renewal…
May I ask could there be any tip how to survive for 6 months (as it seems it take 10-11 months ? ) without income ? My previous job tightly meets my monthly demand, as in I am not able to save at all…
Some people have savings, affluent jobs or others who help. This group is out of my question.
For example, if a person is by their own, 180 days extension runs out, no money in the bank. What should that person do ? And I would like some suggestions about housing, food, health care, transportation. Please be specific. Advice like referral to outside agencies is not welcome.
One point is that working without authorization has no effect on an asylum case, so if you work for cash, it will not cause your asylum case to be denied. It could affect other types of applications, though. Unfortunately, there are not any good options, though local charities may be able to refer you to agencies that can assist. I did a post on September 22, 2016 with a list of charities by state. Also, if you are a healthcare worker, or somehow in the healthcare field, you can use that as a basis to expedite – I wrote about that last month. Take care, Jason
Thank you :)…
Your advice is helpful and definitely clears one obstacle !
So, I guess since work unauthorized does not hurt asylum cases…the real difficulty/reason asylum seekers are losing jobs….is…not because asylum seekers are being law conscious and voluntarily quit jobs when their EA runs out … but rather employers being law conscious (they’d rather not hire people without work authorization).
So the crux of the issue is … it seems … how to persuade employers to continue to hire people…
I also want to add some of my findings regarding this issue. according to my research, people without authorization either find employers who are forgiving bout their status (temp, farm, construction, maid…)…which is obviously fine…
But also, another very very common way is, they buy a green card and SSN, which can pass e-verify…you’d be surprised how many people are doing that…I want to ask…does this way would cause some issues further down the line ?
It is quite unfortunate that we are going through these challenges. I hope you get your new EAD soon before your 180-days extension expires. Just in case if you don’t get your new EAD, I suggest you speak with your employer to temporary hold your position until you get your EAD, in the meantime, you can apply for state’s unemployment benefits to cover your living cost until you get your new EAD.
Overall is a good advice. But don’t count on unemployment benefits with expired EAD. Start preparing for this, since it’s very likely your extension will expire (like mine did in Nov) and you will be without income for some time.
Is there any way to work as contractor (remote job, freelance) or have sole owned LLC provide services while being in US and having expired EAD? I have my FL based LLC and all I can find that I cannot. Which is kinda stupid.
As far as I know, it is a grey area, meaning if you own a company in the US, the company can earn money, but you can’t earn money unless you are authorized to work. I am not that well versed in employment and immigration law, but you might talk to a lawyer about the specifics, as it seems to me there are ways to structure a company so that it gets paid, but you do not (my company is set up that way, though sometimes I actually do get paid). Take care, Jason
If your extension expire then you can’t get unemployment benefits……..
I am not so sure you can apply for unemployment without a valid EAD. You have to talk to the state unemployment agency. Take care, Jason
I am not sure how you could possibly have data about these points, but yes, using a fake document can cause problems. Take care, Jason
Thanks 🙂
Hi Jason
I wanted to discuss this statement which was intriguing and related to some detail I knew.
“One point is that working without authorization has no effect on an asylum case.”
YMMV but I think it also depends on what type of status one holds while being engaged in employment.
Say, an F1 student worked and 1+ years later filed for asylum then USCIS tends to raise 1-year bar saying even though USCIS just became aware of the status violation, the moment that student worked without authorization, he/she is out of status and now ineligible for asylum due to 1-year bar counting from the first day of unauthorized employment.
And this is something I heard from my lawyer about a couple of clients. They did receive asylum but based on the judge, it can swing both ways.
You are correct that working illegally can cause you to lose F-1 status, and this could eliminate an exception to the one-year filing rule. My statement is meant to indicate that asylum would not be denied as a matter of discretion because a person worked illegally, so I should have been more precise. It was also meant in the context of a person who has already filed for asylum, and so the one-year bar would no longer be relevant (since asylum was already filed). That said, if working illegally causes a person to lose status, and then the person files for asylum, she may not be eligible for an exception to the one-year bar. Take care, Jason
I am curious to know/learn what would be your argument(high level) if USCIS claims about the 1-year bar in the situation I mentioned above?
I’ve seen such cases a few times, and we’ve been lucky – we just presented evidence of work eligibility (i.e., the EAD) and the Asylum Office accepted that the period covered by the EAD provided an exception to the one year bar. However, I agree that unless the person has qualified employment, they do not meet an exception to the rule. For that reason, we try to get evidence of employment, even if it is an internship (it seems to me that this is a grey area, and “employment” such as an internship might well be good enough to allow the Asylum Office to find that the person was in status. If that does not work, the person might look for other exceptions to the one-year bar, but I do agree with you that unless you have evidence of qualifying employment, an OPT EAD does not count as “extraordinary circumstances” excusing the one-year bar. Take care, Jason
Dear Jason,
Today I confronted another obstacle.I wanna take USMLE exams (3 steps) as an IMG(international medical graduate).They need my current/unexpired passport to give me USMLE/ECFMG ID number.My passport was expired.I have been studying hard since pandemic and getting ready to take the first exam in 2022 – the way I redirected my attention from being in asylum backlog.
Please give me advice.
Do you have any client like me with expired home country passport that could not take the USMLE exams?
Thanks,
I do not know about that. Maybe if you show that you have a pending asylum case (and thus a fear of return to your country), they can be flexible about the requirement. It was obviously not created with asylum seekers in mind, and you might educate them about this population. On the other hand, maybe you just want to renew the passport (if you can) and then use it for the test. You may need to explain this at the asylum interview (why you renewed, which should be easy, and why your country was willing to issue a passport, which may be easy or difficult depending whether the feared harm is from a non-state actor or from your home government). We have had clients renew their passports and this generally has no effect on the asylum case, but it depends on the specifics of the case. Maybe talk to a lawyer about that if you are not sure. Take care, Jason
Dear Jason,
Your immigration knowledge is unbelievable .👍I think your knowledge is better than my immigration attorney and that’s why I first ask you before asking my attorney .
Let you know YOU MADE MY DAY
Just now I called the ECFMG office and talked them about my asylum case and they admitted I can take my tests with my driving license or job permit instead of
home passport.
You are a huge blessing to asylum community.
God bless you!
That’s great – it is always nice when something actually works. Too bad it doesn’t happen more often. Take care, Jason
Hi Jason! I would like to hire you. Can I get some paid consultation first?
Sure – you can email me at JDzubow@DzubowLaw.com. Take care, Jason
Just sent you one.
Dear Jason and others,
Do you know how long it takes to be called for a biometric appointment after I file my EAD application renewal?
Usually it is 1 or 2 months, but these days, USCIS is mostly re-using biometric info that it already has, so probably you will not need a biometric appointment. Take care, Jason
Thanks for the reply Jason. So although they charge for biometric fee it is possible not to take it right?
Correct, but they are happy to have your money. However, if this is for an EAD renewal, you can join ASAP or Casa de Maryland and avoid the filing fee. I wrote about those organizations with links on September 23, 2020. Take care, Jason
Does anybody have idea about asylum based (c 08)EAD process time at Nebraska office? The website stated 6-8 months which looks very optimistic (in contrast with other offices like Potomac); but do you know what is the estimated real time?
My application for EAD renewal was accepted back in April 2021 Still no update 🙁
Hassan, is your case being handled at Nebraska?
I would not be surprised if Nebraska is faster. Remember, if you are a health care worker, you can ask to expedite the EAD on that basis – I posted about that last month. Take care, Jason
Hello Jason,
I received my new ead and it came with a mistake in my name. They used my middle name as my last name. What could I do to get it fixed?
Regards,
Terranova
Here you go.
If it is USCIS’s fault, I’d suggest you follow up by calling them after submitting it. Otherwise, you are at their mercy :d Good luck
https://egov.uscis.gov/e-request/displayTypoForm.do;jsessionid=422A26673186433B0F447818C6CF84FA?sroPageType=typoError&entryPoint=init
Hi Terranova,
Glad to hear that you received you EAD and I hope you can get the name fixed on it asap. Can you please mention how long it took USCIS to issue you the EAD and which Office. I applied back in April 2021 and still it shows accepted and Receive notice was sent. its been several months the status is not changing. Can you give ma an idea how long did it take to issue the EAD and which office.
Thanks and best of luck
We are seeing cases take in the range of 10 or 11 months. If you are healthcare worker, you can expedite your EAD case with USCIS – I wrote about that last month. Take care, Jason
HI!
You can file an expedite request. They don’t really ask anything, you just gotta choose a reason from their list like experiencing possible financial hardship.
Worked for me and a bunch of people.
U should apply again from the first and pay the fees again And u should send a letter telling them that it’s not ur fault, after there investigations , if they found it’s there fault they will send u refund , so it’s like ur Off-line from the beginning
Check the I-765 instructions at http://www.uscis.gov. If it is their fault (in other words, you filled the form correctly and they screwed up), they should correct it for free. If it is your fault (i.e., you put your name in the wrong box on the form), then I think you have to pay. Either way, I think you need to send back the old card, and this will leave you without an EAD for months, until the problem is corrected. Personally, if you can live with it “as is”, you might be better off without correcting the error. If you need to correct it, maybe call USCIS first to see what they advise and whether maybe they can expedite processing, especially if it is their fault. The number is 800-375-5283. Take care, Jason
Hi There Jason,
I filed for an affirmative asylum in may 2021. Still waiting for an interview from Newark asylum office? do you have any idea what the time frame would be? All this waiting really hurts my mental.
Thank you.
Get used to it, I have been waiting for 7 years, for you it hasn’t been 1 year yet but I can understand your mental depression, The first few years of wait are the hardest.
But on the USCIS website it says “Starting January 29, 2018, the Asylum Division will give priority to the most recently filed affirmative asylum applications when scheduling asylum interviews.” So I believe asylum applicants who filed after 2018 has an advantage over who filed before 2018. What do you think about this Ken? 7 years of waiting really sounds so much and what if they say ‘we are not accepting your application’, it would be devastating.
Well talking about myself, I would think I have a strong case and I have police reports, court issued orders that prove persecution so I am sure I will be able to prove my case.
Even if uscis refers it to court which is less likely but could still happen I have better hopes that it would be approved in court….
I have talked to atleast 5 different asylum attornies and all have told me that I have a strong case.
Also my employer has just started my EB2 process, I have seen several other people on this forum and other forums who were able to adjust status based on EB2 while their asylum case was pending interview with uscis.
In your case may be you will get an early interview but based on your name it seems you are a muslim man from a muslim country. USCIS runs a lot of background checks for such people.
I am not muslim but I am from a muslim country so may be that’s why there has been so much delay in my interview.
I am from a muslim county but I am not a muslim man. That’s what I do everyday… while waiting to be called for an interview I am collecting evidences. We will see how it goes but I just don’t really like waiting for long times because it bring depression all the time. I can go for an EB2 later, but right now I am not employed. I just heard someone who filed for an asylum in august was called for an interview and I was surprised.
I did a post about the effect of these long waits on January 9, 2018 – maybe that would be of interest. Take care, Jason
I was a also depressed the first 3 years a lot, even got sick psychically from all the mental depression and trauma but I recovered gradually after I started speaking to a therapist…..
I also got my hands on some strong evidence after which most of personal fears and anxiety was reduced.
Most of the depression and fear arises from the fact that people are uncertain that they have enough strong evidence or they are not completely familiar with all the details…..
Also I am in Sanfrancisco now previously my case was in LA asylum office for 6 years……Which office has your case also matters a lot as different offices have different grant rates…..
I think the issue for people from Muslim countries is delay after the interview, not before. This is (probably) due to the security background check. Take care, Jason
Ken,
Can you share more about EB2? I want to try my chance to use that alternative. Do you have a valid passport or status to adjust after 7 years? Are you planning to go 3rd counrty to apply for green card?
@firstResponder
A person shared the contact details of an attorney in florida who had helped him successfully adjust status while pending asylum interview. I contacted the same attorney and he told me since I was on status when I applied for asylum so I should be able to adjust status on EB2 in usa without leaving the country. He said he had done 25 such cases.
Right now my employer has only started the PERM process, once the I-140 gets approved I will contact the attorney in florida and file I-485 through him……As far as a I know it is like 50/50 chance. …..Some people are successful and some are not….
I am in California and I also know of another attorney who helped clients in California to adjust status on EB2 using some USCIS memorandum as evidence that pending asylum does not acrue unlawful presence. So many people have been successful but many have also failed.
I think uscis approves your eb2 easily if they know that you have a strong asylum case and you have good justifications for applying for asylum and may be the home govt is not too involved too much in the persecution rather other groups which is true for my case as well.
my passport will expire in dec-2022….If my Eb2 gets approved then I will renew it….I don’t plan on leaving the country to go to another country’s embassy yet may be I can do it…..I prefer adjusting status in the U.S…many other people have done it successfully….
@Zafer
I would suggest that while you are waiting for your interview to gather as much evidence as possible.
This is called LIFO – last in, first out. It is a terrible system (I wrote about it a number of times, but one post is from July 10, 2018). The problem is that you are only a priority case for the first 21 or 45 days after you file (I forget which). After that, you are in the backlog and no one can guess when the interview might be. Since Covid (and even before), most new LIFO cases were not being interviewed and were falling into the backlog, and so your situation is typical, unfortunately. Take care, Jason
There is no time frame, and given that you are in the backlog, you are no longer a priority for an interview (you are only a priority for the first couple months (I forget the exact time frame – either 21 or 45 days)). This means that it is not possible to predict when your interview will be, but it probably will not be any time soon. If you have a reason (a mental health issue, for example), you can try to expedite or put your case on the short list – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
I really appreciate your work. I have a question regarding my green card. Uscis received my docs on December, 2021 and I am still waiting for my green card it’s been more then a year.
Does it usually take that long??
Thank you
Unfortunately, as far as i know and Jason has mentioned that multiple times that Green Card, especially Asylum based, take around 2+ years…. You can check time frame online on USCIS website, depends in which office your application is, time will be different, but it’s around 2 years or more!
GCs based on asylum are going very slowly – we are seeing most cases take about 2 or 2.5 years. You can check processing times at http://www.uscis.gov, but things are very slow. Take care, Jason
Hey Jason, my individual hearing is in two and half years Los Angeles. But, I’m moving out to a different city, they have a different jurisdiction.
Also, I’m going to hire a new lawyer.
1. Do you think they going to transfer my case to that new jurisdiction? Because I have my final hearing date in LA.
2. How do I transfer my case to that jurisdiction?
3. How do I get my mails from new jurisdiction? Because all the mails still go to my current lawyer office. Which is based in Los Angeles. When I move out I want my mails sent it to me.
Thank you for you’re kindness!
1 & 2 – Most likely they will, given how far away it is. But you have to ask for that – the lawyer can file a motion to change venue (probably the new lawyer will do this). The court almost never sends mail. But your old lawyer is required to inform you if they do. Also, when your new lawyer takes over the case, mail will go to the new lawyer. In addition, you can track your case if you follow the link under Resources called EOIR Case Status. Enter your Alien number, and it will give you the next court date and location. Dates are being shifted around very randomly in some courts, and so it does not hurt to check this website every couple weeks, at least until your new lawyer is entered into the court system. Take care, Jason
Hi all,
Does anybody got EAD renewal recently (Potomac)? I’m waiting for EAD renewal since Feb 10th 2021 and processing on USCIS indicates Feb 20th, which kinda implies I was supposed to get it more then a week ago… Submitted 4 expedite requests including last one as healthcare worker on Jan 24 and still nothing. Expedite requests are not even getting assigned.
Jason, is there anything else can be done to get a card or at least find out when I should expect it?
Hi Jambalaya,
My wife’s and my EAD was expired and we were working with the notice of extension. The extensions were expiring in first week of April 2022. After reading Jason’s post about the expediated EAD for health workers, I called USCIS and requested them to expediate processing our EAD as we both are health professionals. Fortunately, we received our new EAD within two weeks after the call. I want to thank Jason, he saved our livelihood, otherwise we would end up losing our jobs. Jason, thank you very much!
Thank you for letting me know. Hopefully, the EAD renewal situation will improve and this will become less of an issue soon. Take care, Jason
May I ask what evidenced you uploaded to convince them that you are health care workers? Thank you
Which phone no we can call to expedite our ead renewal
The general USCIS number: 800-375-5283. It is not easy to reach a person, but it seems people who are trying to expedite based on being healthcare workers are having luck with this. Take care, Jason
say info pass and you will always reach a person
The healthcare worker expedite seems to be working for many people. If USCIS does not respond within a week of the request, you should call them again. I wrote about this in a post two weeks ago. If that does not work, maybe inform your Congressperson that USCIS is not fulfilling its promise to expedite for healthcare workers – maybe that office can intervene more quickly. Good luck, Jason
Anyone got approval recently for Refuge Travel Document in Nebraska service center?
I applied in May 2021 still waiting , trying to figure out average waiting time since they upped first from 5 months to 8 months now i hear 10 months .
On USICS website its shows processing times 10-13 months now.
They should issue those documents on 5 to 10 years expiration dates to avoid those backlogs .
Hi Barabi,Processing time I-31 RTD is 13 months unfortunately. I have expedited my case regarding going back to my husbands country because he has health issues then they accepted. ( i sent them dr reports) It took me 5 months I have just received my RTD. I would recommend you to expedite or speak with Emma if u have any humanitarian reason otherwise you would wait 13 months!
Hi barabi! I applied in july 2021 and expedited it twice first one got denied, and fortunately i received my rtd in September 2021 i was able to travel and come back, try to expedite
We have been hearing 10 or 11 months. If you want to try to expedite, I did a post about that on January 29, 2020. And certainly, the RTD should be valid for 5 or 10 years. Take care, Jason
Hi Jason , I am an asylee have I-485 Pending application since 1 year in NBC. My EAD was about to expire and sent I-765 form (A05 CATERGORY) in December. I assumed that they would denied the application because I realized that I forgot to put the passport style pictures. Since I have not heard from them I have decided to send them again with pictures January 13th 2022. Today I have received 2 Notice of Action. 180 day extension. Received date and notice date are the same only difference is the Receipt numbers. I have asked Emma: She told me, “if you do not withdraw one of them then you will have 2 cases pending and it could cause some mix ups in processing.” How I can withdraw one of the receipt (WHICH ONE?) in order not to mixed up things? Is there any sample letter or should I explain everything to them? Also should I add the both receipt copies when I send them this letter?
Thank you for all your help again.
I have not withdrawn a case like that before, but I think you can send a letter with a copy of the receipt you want to withdraw. You should explain why you want to withdraw the one case and probably provide the receipt number for the case you want to keep. I say “probably” just because USCIS is a mess and I would not want to give them an opportunity to accidentally withdraw both cases. On the other hand, if you do not give them the case number, it could also create issues. My thought is that maybe you want to try to do this by phone. It is very difficult to reach a person, but maybe they could give better advice. Also, I am not entirely convinced that if you keep both cases pending, it will cause mix ups, and so I suppose you can try to keep them both pending as well. I suppose my response here is not so helpful, but I am not sure what is the best approach. For that reason, maybe your first step is to try to talk to someone by phone. Good luck, Jason
Hi jason!
Thank you for always enlightening us.
How should file and send “Notice of Intention to File for a Writ of Mandamus and Declaratory Judgment“ i applied for asylum in august 2015, waited 4 years for an interview, September 2019 waited one month for a decision approved in October 2019, October 2020 i applied for adjustment of status and it has been 15 months now, i am not about to wait another 4 years, and the uscis won’t even back dated my greencard to 2019 if they approve it this year
I doubt a mandamus would work in this situation, as you are still within the “normal” processing time. You can talk to a lawyer who does such cases to know for certain, as maybe there is a way (I do not do mandamus cases, so I do not have all the details). But I expect you would have to “exhaust your remedies” before you try a mandamus – that means, try to get USCIS to do its job in the regular ways, such as contacting them by phone or email, inquiring with the USCIS Ombudsman’s office, and maybe trying a Congressperson. If this all does not work (and it probably will not), then maybe you can try a mandamus. I wrote about these ways to expedite in a post on January 29, 2020. Take care, Jason
Hello, Jason
I have I130 family petition approved while in removal proceedings and waiting for master hearing. Who should We contact/how to inform the court? Or shall we wait until the next hearing?
Not all family petitions would allow you to adjust status (get a green card) without leaving the US. Normally, that only works if the petitioner (the person who signed the I-130) is a US citizen spouse, child over 21 filing for a parent, or US citizen parent filing for an unmarried child under age 21. If so, and if you qualify for a GC, you have to inform the court and DHS (the prosecutor). Depending on the case, you can try to get the court case dismissed and then file for the GC with USCIS, or you can request that the judge issue the GC. I wrote about this on August 6, 2018 – maybe that would help. But these cases can be tricky (and not everyone is eligible to adjust status), and you would do well to have a lawyer assist you with completing the process. Take care, Jason
Dear Jason,
I have a complex case! Being tired of waiting for my decision for 4 years, I submitted my (i140 and i485 based on NIW) few months ago! Interestingly, I received my asylum approval shortly after!
Now that I have asylum status and technically never out of status, can I adjust my status based on approved i140?
My understanding is once the asylum is approved, the few years that I was waiting for my decision wont be considered as being out of status, is that correct?
I would talk to a lawyer to be certain, but I see no reason why you cannot adjust status if the I-140 is approved. You now have status (as an asylee) and should be eligible to adjust status. Take care, Jason
I recently had my interview. After the interview, my online status change to “Decision Pending”. After a few days, it changed to “Application Pending”. What does it mean? Any idea?
Hey there,
We are in same boat,can you tell me when was your interview and where? So we can share about the further result.Good luck.
Jhampa
I had my interview two weeks ago in NY. My status changed from “decision pending” to “application pending” but my friend who had his interview about four weeks ago in Virginia, her status remained “decision pending”. Looking for people who went through this process to enlighten us. What these status indicate?
Hi my friend, I don’t know about these changing you mentioned but I can tell you once it says (fee is waived) that means granted asylum.
I had 2 months ago and heard the greatest news.
Thank you.
I had my interview in February 2018. Initially, it was showing how many days since my application was pending, then it changed to decision pending, about a year ago it changed to application pending, this week on Monday it went back to decision pending. So we never know what is actually going on.
Oh I am also from NY and I had my interview at Bethpage NY.I had in last week of December and waiting for decision, when I check online it shows Decision Pending. So waiting waiting.thanks for your reply.
Jhampa
I do not think it has much meaning. You did the interview and now you are waiting for a decision, that should be the next step (unless for some reason, they need a second interview, but that is not very common). Take care, Jason