In a prior post, we discussed asylum-seeker dependents at the Asylum Office. We’ll finish that discussion here, and also talk about dependents in Immigration Court, where there are some unique issues to be aware of.
Can a dependent file her own, independent asylum claim at the Asylum Office? Even if the dependent relationship does not end, a dependent can file her own affirmative asylum application (as a principal). The person must file the application at the USCIS Asylum Vetting Center (see the Special Instructions on the I-589 page). Some dependents file an independent case in the hope of receiving a faster interview. However, my understanding is that this will not work, and that the new case is not considered under LIFO (the “last in, first out” policy that has been in effect since 2018).
What happens to the dependent if asylum is denied? If asylum is denied and the principal has no other lawful status in the U.S., the case will be referred to Immigration Court (I wrote about that here). If the dependent has no other status in the United States, he will be referred to court along with the principal, and will remain a dependent on the case. He can also continue to renew his EAD as before. Depending on the case, a dependent in court may want to file his own I-589 with the Immigration Judge (see below). If you end up in court, talk to a lawyer about the best approach.
Should a dependent in Immigration Court file his own I-589 application? For asylum dependents in Immigration Court, it is sometimes necessary to file your own form I-589 with the judge. One common reason is that the principal may not qualify for asylum (because she missed the one-year filing bar, has criminal or security issues or for some other reason), but may still qualify for a lesser form of relief, such as Withholding of Removal or relief under the United Nations Convention Against Torture. For these lesser forms of relief, dependents are not included. In other words, if the principal applicant gets Withholding of Removal, any dependents in the case get nothing. For this reason, if you think Withholding or Torture Convention relief are possible outcomes, it is important for the dependents to file their own asylum applications, assuming they have a claim for protection.
Another reason for a dependent to file his own asylum application is that he is losing his dependent status. This happens if the dependent and the principal get divorced. It also occurs if a dependent child gets married. In these cases, as soon as the divorce is final or the child is legally married, they lose their dependent status. It is important to file for asylum as soon as possible (and preferably before the dependent status ends) to avoid problems with the one year bar (I wrote about this in part 1 of this series).
A third reason that a dependent may want to file an independent application for asylum is where the dependent has her own, independent claim for asylum and she wants the judge to adjudicate that claim.
If a dependent is filing for asylum for the first time in Immigration Court, the I-589 must be filed with the court and with the Department of Homeland Security (the prosecutor). Also, the dependent must file the I-589 with USCIS per the Instructions for Submitting an Application in Immigration Court, which will generate a receipt and a biometric appointment.
This is a lot, and it can be confusing. Also, unless you file the application properly, it could be denied. If you are a dependent in Immigration Court and you think you need to file your own asylum application, talk to a lawyer. If you cannot afford a lawyer, there are resources available to find a free attorney.
What is a dependent’s role at an Immigration Court hearing? I wrote in general about what happens in Immigration Court here. A few points that are specific to dependents: First, as opposed to other witnesses, dependents are generally permitted to remain in the courtroom during the principal applicant’s testimony (it’s beyond the scope of this post, but there are exceptions–talk to a lawyer or ask the Immigration Judge). Second, some dependents have other forms of relief available in Immigration Court, besides asylum, and they should be prepared to present those applications. Third, a dependent is not required to follow the principal’s lead–the dependent can sever her case from the principal (and pursue her own case for asylum or other relief) or choose to leave the United States. Finally, sometimes there is a conflict between the principal’s case and the dependent’s case (or between the principal and the dependent). If this happens, know that as a dependent, you have your own rights and you are not required to remain tied to the principal. Talk to a lawyer as soon as possible if you need help with this.
What happens to the dependent if asylum is granted? If asylum is granted, the dependent receives asylum, the same as the principal, and can apply for a Green Card after one year of physical presence in the U.S. The dependent can also obtain a Refugee Travel Document and should automatically receive a new EAD (Employment Authorization Document). I wrote more about asylum grants here, and we also have a helpful post from HIAS about asylee benefits here.
Can a dependent asylee travel to the home country? If a dependent has received asylum and leaves the United States, she needs a Refugee Travel Document to re-enter the country. She can generally return to her home country (whether or not that is the country of persecution for the principal asylum applicant) without any ill effect. However, if the original asylum application indicated that the entire family was in danger, a return trip–even by a dependent–could raise red flags. So be prepared to explain why you returned and how you stayed safe during the trip. I wrote more about returning to the home country here.
What if the dependent relationship ends after asylum is granted? The dependent relationship can end in several ways: Death of the principal, if the principal becomes a U.S. citizen, if the dependent and the principal divorce, if the dependent is a child and marries. If the dependent has already obtained a Green Card, then there is no effect when the relationship ends. However, if the dependent still has asylum status, the dependent loses her ability to adjust status and obtain her residency [thank you to Jamie for correcting me on this point – see comments below]. In that case, it is necessary to file a nunc pro tunc asylum application. Such an application allows the dependent to get asylum in her own right (as a principal), so she can adjust status (i.e., obtain a Green Card). The dependent does not need to prove all the elements of asylum. Rather, she needs to demonstrate the relationship that originally made her a dependent and that she is not subject to certain bars to asylum (such as criminal bars). The procedure to obtain nunc pro tunc asylum varies, depending on the case, so talk to a lawyer if this applies to you, but basic information is available here.
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Being a dependent in an asylum cases is–in some ways–like being a passenger on an airplane: You are just along for the ride. However, in certain cases, substantive action is needed to protect yourself. If you are not sure, talk to a lawyer. Even if there are issues with the principal applicant’s case (or with the principal herself), it is possible for a dependent to obtain asylum independently and it is important to protect yourself to the best extent possible. You do this by understanding your situation and the case, and by learning about whether you have your own path to remain legally in the United States.
Hi Jason
My father applied for asylum 6 years ago, wasn’t successful and was referred to court. In his initial application, he added me as a dependent, I was 18 at the time. Now I am 24 and I came to the US last year on a student visa. I recently applied for my own asylum case to the Asylum Vetting Center. My asylum story is a bit different than his as I’ve had my own negative experiences in the country we fled. Will I have my own case as a principal or will I have to rely on his case as a dependent. Also, would I have to wait the normal 150 to apply for a work permit or because I’m a dependent under his case and he has one, I’ll also get one as soon as my biometrics are done?
Thanks.
If you were not in the US at the time he filed and had his interview, you are not a dependent on his case (even though you are listed on his form), and you cannot get a work permit based on his pending case. If he wins asylum, he can file an I-730 form to give you status as well (that takes 1 to 2 years), but if you get married, that will not work. Once you wait 150 days on your own case, you can apply for a work permit. One point – I am not sure that you should have filed at the Vetting Center, since it sounds like you are not a dependent. I guess if they accept the case and issue a receipt, you are fine, but maybe you want to double check the Special Instructions on the form I-589 web page, at http://www.uscis.gov. Of course, if you were in the US while his case was at the asylum office and he added you as a dependent (meaning you were fingerprinted and went to his asylum interview and were asked questions), then you should be a dependent on his case and you should be able to get a work permit based on his case. Take care, Jason
Thank you so much.
Does the 150 days start after I get a receipt back from the vetting center? Because the file got delivered to them this morning. And usually how long does it take until one gets called to a field office for biometrics to be done?
Lastly, if the vetting center refuses the file, can I then submit i-589 to the field office in our state? And after how long could it take for us to get a response from the vetting center seeing that there’s a backlog.
It usually takes a month or sometimes two to get the receipt. The receipt should be dated on the day USCIS received it, and the 150 days starts to run from the “received” date on the receipt. Usually, the biometric appointment is another month or so after the receipt. If they reject it and send it back, you should check the I-589 web page at http://www.uscis.gov, and look at “where to File.” Filing location depends on where you live, but it will not be at the local field office – it will be at one of the addresses on that page. Take care, Jason
My husband’s asylum case has received approval, and we’ve recently filed for a green card. (We come from different countries.) Regrettably, my husband’s behavior has become abusive. If I decide to pursue a divorce now, given that we’ve both applied for a green card, should I wait until we receive it? How would a divorce impact my current legal status as a green card holder based on derivative asylum case and any future plans for citizenship? Additionally, we share a 4-year-old son who is an American citizen, and I want to ensure stays with me, not him.
If you get divorced before you have the GC, you will have to file a nunc pro tunc asylum. This is a formality that allows you to get asylum as the principal (instead of the dependent). The problem is that the process is very slow – we have people waiting 4 years and counting for this process, and so it will greatly delay your case. It would be better if you can wait until you have the GC before getting divorced. In that case, there is no effect on your immigration status. Also, so you know, after you get the GC and when you want to naturalized, you will need to submit a copy of your divorce decree and so you should be careful about getting the divorce while the GC is pending. If the divorce becomes final before you have the GC, USCIS will not know, and so they may just automatically send you the GC. But if they discover the error during naturalization, it could result in you losing your status in the US, so just be careful about that. As for the custody issue, it is not something I know about. You would need to talk to a family lawyer. Take care, Jason
hi Jason, my asylum case is still pending and i recently got my ead and ssn. i have a 6 year old child who is in the USA with me and recently i was asked to provide his ssn for some benefits. he doesn’t have one. i tried to apply for his “ead” via my uscis account where he is a dependent but it asked me to create a uscis account for him? is that how it works? is there any other way for me to get him a ssn? should i be worried that he doesnt have one yet? please advise on how i should go about getting him 1.
You can apply for an EAD for him by mail or – I think – by making an account for him (we have not done an EAD online for a dependent, and so I do not know much about that). When you apply for his EAD, you can also apply for the SSN on the same form, the I-765. As far as I know, that is the only way to get an SSN for him. Take care, Jason
Hey Jason,
Can a person that is on a different pending case (let’s say trying to change to student status from some other type of visa but didn’t get the decision yet) be added as a dependent to a pending asylum case as a new spouse? What about a person that is out of status? If it’s possible, would it affect the pending asylum case negatively? Thank you
Anyone who is physically present in the US can be added as a dependent to an existing asylum case, as long as they are legally married to the principal (or a minor, unmarried child of the principal). The one exception may be a person in immigration court or who has been ordered deported (I am not sure about this as I have not had to deal with such a situation). The process of adding a spouse is kind of annoying, but you can email the asylum office to learn what to do – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
I have a question and looking at the answers above for others I think you might have answers to my question as well. I was granted asylum few months back. My wife studies in Canada and she has US B1/B2 visa. She was here when I was granted asylum and we filed her i730 and she decided to stay here. The processing time is about a year right now for the application. Since she was entered as B1/B2 and her stay is valid for 6 months, would it affect her i730 application if she over stayed on her current status?
She can stay here until the I-730 case is approved. The problem is that she cannot get a work permit based on the pending I-730, and these cases often take more than a year (we have seen such cases where the person is in the US take between 1 and 2 years, but hopefully, things are moving a bit faster these days). Take care, Jason
Hi Jason,
How are you?
I filed for asylum back in 2017 (for myself only). Had interview, Boston asylum office denied and sent me to an immigration court. However in 2018 I got married and we decided to include my wife into my case (she was not in my application prior our marriage).
My court is in November and if my asylum is granted, will she have benefits right the way? (Social Security, EAD, after 1 year apply for green card).
Thank you so much.
Best,
GS
Unless your wife is also in removal proceedings with you (before the Immigration Judge), she cannot be included in your case. You can list her on your I-589 (indeed, you are required to list her if you are legally married). If you do that and the case is approved, you can file an I-730 so she can get asylum status as your dependent. She could also file her own asylum case if she has a basis for that. If she wins, she can file an I-730 for you (you cannot be her dependent since you are in court). Take care, Jason
Hi Jason, Thank you for your contributions. Can a derivative on asylum pending case since 2015 who is a spouse to the principal benefit from employer sponsored Green card if the employer is willing to file
eb3?
In theory, yes. However, the person would probably need to leave the US to get the GC (there is an exception that may apply under INA 245(k)) and this can be very challenging. I wrote about this on August 28, 2018 and September 6, 2018 – maybe those posts would help, but you would need to talk to lawyer about the specifics of the case and exactly how you would get the GC (and I would have the lawyer write that down, step-by-step from where you are today to having the GC, including whether you need to leave the US). Take care, Jason
Hey Jason,
I am a dependent and have been granted asylum a few days ago and I want to travel back to my country for a short period of time to visit my sick grandmother, however the processing time for refugee travel document is 4-5 months or more. I have a valid passport of my country, so can I apply for travel document (state the address of the US embassy in my home country for document delivery), give the biometrics and travel back to my country using my home country passport?
Thanks in advance.
Cheers!
We are seeing wait times for the RTD take up to 10 months. I am not sure whether USCIS will deliver the RTD to an embassy. Maybe the best approach is to file for the RTD and try to get USCIS to expedite the document (I did a post about expediting on January 19, 2020). I do think you could have trouble if you do not have a document to re-enter the US before you leave, and I am not very confident about getting such a document at the embassy. Maybe talk to a lawyer to see whether there are any better options for you. In terms of travel to the home country, in most cases that is ok for a dependent, though if the asylum case indicated that you or the whole family is in danger, I suppose it could raise a red flag with the US government, and so be careful about that and be prepared to explain why you went and how you stayed safe, in case you are asked. Take care, Jason
Highly appreciated Jason,
No, the asylum case only indicates persecution of the principal asylee. What if I leave after the biometrics (will it be considered abandoned?) and have it delivered it to my US address and then my family member will mail it to my home country?
And also is it okay for me to leave United States using my home country passport?
Thanks again for answering my question.
You could do it that way, though I am not sure about the legality of mailing you a travel document (I suspect it happens frequently, but it may not be allowed). If they do mail it to you, make sure they also scan a copy of it so you have that as well, in case it does not arrive. Also, the case would not be considered abandoned if you file it and get biometrics before you leave. Take care, Jason
Highly appreciated Jason,
No, the asylum case only indicates the persecution of the principal asylee. What if I leave after giving the biometrics (will it be considered abandoned) and get the document delivered it to my US address and then my family member will mail it to my home country?
Is it okay to use my home country passport to leave United States?
Thanks again Jason.
Hello Jason… Appreciate your sincere efforts in this valuable Blog.
Now, I am filling out form i-485 under asylum category. Should I write the number of the I-94 which I recived after granting asylum or the number of I-94 of entering US which can be accessed online?
My admission at Port was B2 vistor, then I filled Asylum case.
Also please, it is required the number of Underlying petition, should I write the receipt number which is in the Asylum Approval notice?
Thank you for your time.
Janice
I think you can include either I-94 number, as long as you indicate which one you use. And if you have both I-94 documents, you can include copies of both with your application. When you apply for a GC based on asylum, there is no underlying petition, so you do not need to complete that part (a petition is when someone else – a person or a company – files for you to get a GC). Take care, Jason
Hi Jason!
Hope you have a great time, and thanks for all the information you provided to me.
I’m a dependent on my husband’s asylum case , we just got the biometric notice, I was wandering is it possible for me to go to the biometric appointment instead of him? As he has problem in English language ! what do you recommend?
Whoever has the appointment needs to go. If it is his appointment, you can go to help him with English, but it is really pretty easy – show up, give them the invitation letter, show your ID, and get your fingerprints and photo taken. You can help him complete the written info on the appointment letter before he goes. Take care, Jason
Hi Jason
I would like to thank you for this blog.
My wife was granted asylum. I am now in US as B2 visa, and my she filled out i-730 for me as a spouse 4 months ago. I got the receipt and did the biometric.
My question is: Can I get work authorization before the approval of i730?
Thanks in advance!
Unfortunately, you cannot get a work permit based on a pending I-730. Maybe you can get it some other way (TPS, for example, or if you wife has a green card already, maybe she can file for your GC, which allows you to get a work permit while you are waiting). If not, you could file your own asylum case, if you have a claim, as this will get you a work permit in 6 or 8 months. Otherwise, you can check the processing time for the I-730 at http://www.uscis.com, but I think the wait time is 1 to 2 years. Take care, Jason
Hello Jason! Thank you so much for all this information, it is so valuable for us! I found your page while I was searching information about the evidences required for my EAD. I´m a dependent in my husband asylum case and this is the first time we fill a I-765 form. Is it necessary to file our marriage certificate in my EAD application, as a proof of relationship with the principal? This certificate was already filed with his I-589 application in that time, but I´m not sure if i need to file it again along with my I-765.
Thank you!
I do not recall if it is required (I think not), but I would send a copy – there is no harm in that and USCIS will have it if they need it. Take care, Jason
Hi Jason,
Thank you for all your useful columns and comments on this blog.
I am a granted asylee dependent but have different nationality (S. Korea) with my husband (Turkey) who is the principal asylee.
Can I visit Korea with my kid who is also dependent of asylum without travel documents? (My husband will stay at the states) Should we wait till getting travel documents approval? Heard it takes 11-12 months to get the travel document and feels like too long..
Once you get the GC, this is no problem. However, while you only have asylum status, I do not know how you would re-enter the US without the Refugee Travel Document (form I-131, available at http://www.uscis.gov). Unfortunately, this takes maybe 10 to 12 months to receive, as you mention. You can try to expedite the RTD – I wrote about expediting in general on January 29, 2020 – maybe that would help. Otherwise, I know of no way for you to leave the US and return before you get the GC. Take care, Jason
Good evening! I would like to thank Jason for his hard work, I love this blog.
I have been waiting for an asylum interview since October 2015, I got married during that time. In January 2022 I submitted the paperwork to add my spouse to my case to Texas Service Center. And I still haven’t received any response from them. Was it a right thing to do to work through TSC, or I should have submitted it to the Houston asylum office? What do you think I should do now, 1 wait for response or 2 resubmit documents to my asylum office?
The TSC is a disaster and adding a spouse is often a problem because TSC screws it up. I think you should email the local asylum office to ask about the status of adding the spouse, since TSC often “disappears” files rather then informs people about whether the spouse was added. You can find the email for the local office if you follow the link under Resources called Asylum Office Locator. Hopefully, they can assist. Take care, Jason
HI Jason
Its been more than a year since our status online for asylum application has changed ” Interview is next”
Is there a possibility of knowing as to when can we expect interview ?
we have been waiting for the interview letter.
Also can you give some advice as to where we can find lawyers who help us with our case.
At the moment I am blank.
Thank you
K
That message is essentially meaningless and so there is no way to know when the interview will be. Most likely, if you are stuck in the backlog, it will not be soon. You can try to expedite – I wrote about that on March 30, 2017. In terms of lawyers, one place to start is http://www.aila.org. If you need a free lawyer, I wrote about that on September 22, 2016. Take care, Jason
GOOD MORNING JASON,
I THANK YOU IN ADVANCE FOR YOUR HELP.
MY CASE WAS GRANTED ON APRIL 2021. MY SON IS HERE IN F1 VISA 3 YRS AGO. HE IS A COLLEGE STUDENT AND ONE MORE YEAR TO GO TO GRADUTE. HE HAS SOCIAL SECURITY ALREAD AND I APPLIED FOR HIM I-730 REFUGEE/ASYLEE RELATIVE PETITIO 7 MONTH AGO. HE HAS DONE SO FAR HIS BIOMETRIC. NOTHING FURTHER REQUESTED FROM IMMEGRATION. I KEEP ON CHECKING BUT NO MORE UPDATE FROM IMMEGRATION.
ANY ADVICE WILL HELP. THANK YOU
You can check the processing times at http://www.uscis.gov, but I think I-730 cases take maybe 1 to 2 years. If you wanted to try to expedite, I did a post about that on January 29, 2020. Take care, Jason
Thank you Jason,
What if the dependent leaves United States permanently? And is there any way to remove that dependent from the application once he leaves United States? Will telling the IJ to remove him help? And what are the chances for the IJ to ask questions regarding the dependent’s departure?
The IJ may ask such questions (and sorry, the other response should refer to the IJ and DHS attorney, and not to the asylum officer). You should prepare in advance about how you want to answer those questions. Take care, Jason
Hi Jason?
Hope you’re doing well, actually wanted to ask few questions,
What if a dependent on an asylum application leave United States and return to his/her home country before individual hearing? And if that happens,
is there a way to remove that particular dependent from the application?
And will it impact the principal’s application or IJ’s decision?
Once a dependent leaves the country, he will be considered deported, which will result in a bar to returning to the US (I believe it is 10 years). The person might ask the judge for voluntary departure. If the judge approves that, the person can leave and avoid the bar to returning (though there may be other bars to coming back here – talk to a lawyer if that is a concern). If the dependent returns to the home country, it could affect the principal’s case, but it depends on the case. If the case indicates that the whole family is in danger, the return trip could be a big problem. But if only the principal faces harm and the dependents do not, the return trip can be more easily explained. I do think you are right to raise this issue, and you should decide how to address it in order to avoid a negative effect on your case. Take care, Jason
Thank you Jason.
What if the dependent goes to back to the home country permanently? And is there any way to remove that dependent from the application once he leaves United States?
If the dependent goes home, the principal will need to explain that – it can be added to the affidavit if that was not already filed, and can also be explained at the interview. Once a dependent leaves the US, they are automatically no longer part of the case. I guess if you explicitly want to exclude the person from the case (for example, if the relationship has broken down), you can tell the asylum office, but I see no need for that. Even if you win the case, the dependent does not gain any benefit unless he is inside the US. Otherwise, he can only benefit if you file an I-730 for him, which you can choose to file or not. Take care, Jason
Dear Jason:
I’m just arrived in the US via tourist visa. My spouse had permanent resident based on the asylee status. And it’s still within two years of her approval asylee date. I wonder could I submit I-730 application as the derivative asylee since she had already got her green card? Because I saw the policy manual in the USCIS web. It shows If a principal asylee no longer meets the definition of a refugee and his or her asylum status is terminated, then a derivative asylee is also no longer eligible to adjust status.( Chapter 2 – Eligibility Requirements)
Hope to get a reply.
Thank you so much!
Take care!
As far as I know, the principal can file the I-730 for a dependent spouse at anytime within 2 years of winning asylum. However, you must have been legally married at the time asylum was granted. If you look under Resources, there is a link called I-730 Family Reunification Manual and this may give you some additional guidance. Take care, Jason
Hello Jason,
I have a mix of good and bad news, My wife and I applied for I-485 based on Asylum back in June 2020, in November 2021 I moved to a new address and I updated my address online for both I-485 receipts, in December I decided to file a mandamus laws suit as I had been waiting for more that 18 months, few days ago I received a notification that both I-485 application had been approved, yesterday my attorney sent me the approval notices, but both approval notices have wrong addresses, mine is the old address, and my wife’s one is a mix between the old and new address ( address that doesn’t exist ), I talked to same attorney who filed the mandamus and he said that he would talk to the US attorney who was assigned to my Mandamus lawsuit, and they talked to him and sent him the right address, so my question do you think a US attorney can do a quick fix ? if not, do you know we can ask USPS to hold the green cards at the US post office based on the details we are going to be given once they send the green cards out ?
I do think the US attorney can probably do a quick fix, but I am not certain. You might also try calling USCIS (800-375-5283). It is not easy, but if you can reach a person, you can inform them of the issue. Whether the Post Office will hold the cards, I do not know – you have to ask them. I have a feeling they will not, but it is worth asking. Take care, Jason
Hi Jason And Everyone,
My friend has a final hearing in court in dec, houston TX. the judge said in the end the she would mail the decision in 60 days. now its more than 60 days and he did not receive his decision. could you or anyone experienced the same, please explain what could be the scenarios.?
Thank you.
You can call the court and ask to talk to the clerk – you can find the phone number of you follow the link under Resources called Immigration Court. It is often difficult to reach them, but it can (usually) be done. Then you can ask them to check the case status, which sometimes prompts some action. Good luck, Jason
Dear Jason,
Does joining ASAP or Casa de Maryland make processing of EAD renewal faster or it is only for the initial EAD?
As far as I know, only the initial EAD. Though being a member does save you from paying the biometric fee (though soon, no one may pay that fee, as the rules should be changing based on a recent court case). Take care, Jason
Jason, I applied for renewal of EAD a month ago and when I checked my bank both checks ($410 and $85) were cashed out. Does it mean that my EAD will be sent soon?
The processing time is slow – renewals might be 10 or 11 months. Initial EADs should be faster (hopefully 2 or 3 months, but it is faster if you are a member of ASAP or Casa de Maryland – I wrote about those organizations with links on September 23, 2020). Take care, Jason
EAD renewals are 12+ month. People, don’t get “excited” about 10 month. It’s slower and processing time USCIS publishes is not accurate at all.
Thanks Jason for your response.take care.
Hi Jason,
Hope you are doing great. My asylum application is pending since: May 2016,Arlington Asylum office.
Due to the uncertainty I ended up with severe depression and anxiety with suicidal ideation. Few months back, I lost my MoM back home(Covid ). I’m under medication and having therapy from a mental health therapist.
I tried expedite interview last month for the first time and they denied. Depression and anxiety is working like a slow poison for me. And due to my poor work performances( causing by depression) I got terminated last week, where I was working since 2018.
It’s really hard to live a life with suicidal ideation. I’m totally drained out and hopeless. I don’t know what to do and where to go !
Since expedite request didn’t worked, do you recommend Mandamus? Do you think Mandamus gonna work for me, as I’m not the only person who is waiting since 2016 ?
I appreciate your time and concern.
Thanks.
Ok First of all let me say this that I went through exactly the same situation as you. I applied for Asylum in FEB-2016. I also went through a lot of the same depression, anxiety as you.
I also had some difficulty in socializing at my workplace due to similar mental difficulties. I was also laid off from my job in 2020 but not due to my performance but because due to covid the company laid off almost 100 employees because it got acquired by another group.
Today my depression and anxiety are not as severe as before and I also found a much better job that pays 2.5 times as before.
If you have strong evidence and are confident about your asylum case then there is nothing to worry about. Yes things are difficult but keep your hopes up.
Jason can suggest about mandamus. You can probably do that but have you contacted your congressmen/senators to expedite through their offices first???
My advice is try to be strong and hang in there.
Sanam,
Sorry to hear what you have gone through. Be strong.
First question did you get a letter from the psychiatrist or therapist and add it to your request and did the letter talk about your mental well-being is negatively affected by the undetermined wait period. Add the number of your visits and medication etc to make your case and ask one more time using your congressman/women.
You
I think it is very important to get the mental health treatment you need. I had a client commit suicide last year. I wrote about that on March 31, 2021 and included some links to resources that might help (though these were mostly emergency short-term resources, these same places should be able to make referrals for longer term treatment). In any event, I think if you have a strong letter from a doctor or a therapist indicating that you are having suicidal thoughts, lost your job, etc., it might be worth trying to expedite one more time. I wrote about that process in general on March 30, 2017. Finally, if that fails, you can try a mandamus lawsuit. We wrote about that in the context of decisions (not interviews) on October 2, 2018, but the concept is the same and maybe that post will give you some ideas. Good luck, Jason
We are sorry to hear that Sanam is experiencing suicidal ideation. We also hope that s/he will continue to get and seek treatment. However, suicidal ideation (severe depression and anxiety that causes suicidal thoughts) is not an uncommon thing for asylum seekers and refugees. It is actually quite prevalent in the refugee and asylum community. Further, many asylum seekers request expedite interviews based on depression and suicidal thoughts. Therefore, you find that asylum officers get a lot of statements and stories about depression and suicide. As such, it desensitizes the officers who make decisions on whether to accept the expedite request. As well, we cannot reasonably expect that USCIS/EOIR should accept every expedite request, even when evidence of suicidal ideation is presented, just because the applicant has been seeing a psychologist/psychiatrist and confides in the psychologist his/her suicidal thoughts. This could, as there is no way to prove the veracity of the suicidal claims except to rely on the psychologist’s and applicant’s statements, open a floodgate for false claims of depression and suicidal ideation just to secure an interview. Believe me- and I am not saying that this is right or wrong; nor am I pointing fingers at anyone- people will do anything to get their cases expedited.
Hi Sanam,
Life is precious. I am asylee, waiting for my interview since June 2016. Finally they accepted our request for expedite when they found I have stage 2 cancer. I don’t have energy to play with USCIS anymore. This is too much. The way USCIS is working right now, always remind me “I can’t breathe”. Think about the video footage of George Floyd, USCIS is treating us like that. Now, lots of people are jobless and homeless, because they don’t have work permit. We need to do something for the asylum seekers because we are not illegal. Try to contact your local congressman, get another letter from your doctor. We cannot simply give up. We want justice. We want justice for asylum seekers, because we are not illegal.
Don’t give up my friend, we are fighters.
Take care
Dona
Well said – I wish you a speedy recovery. Take care, Jason
Hello,
Hope you are doing well,
I have a question for you,
I just checked my asylum case on website they said the next step is An Interview, i just want to ask usually after how long the interview will be?
Thank
I have the same message since MAR-2016. It means nothing. Your interview wont be scheduled any time soon so don’t worry about it.
Assuming you are from Pakistan, I am also from there.
By the way when did you file your case?
We did in 2017
Hi Shazia,
I applied in FEB-2016 and still waiting for interview.
Nov 2014 here. No interview in sight + now all this issues with EAD renewal. I don’t think things are getting better.
@Jambalaya
Yes this whole EAD situation is pretty fucked up, my EAD extension expire next month….This is extremely frustrating…not sure what to do but I will do everything in my control to expedite my interview now….
Yeah, it’s so frustrating! Mine expired in Nov 2021 (RD for renewal Feb 10, 2021). I did multiple expedite requests and nothing. Today got reply from USCIS ombudsman that being healthcare worker + application is outside of posted processing times + 5 in total expedite requests is not enough. And they are not going to work on it “YET”. I read on r/USCIS somebody got help from ombudsman when they were about to get evicted. This is so dumb!
BTW I should clarify that my online status changed to “next step is An Interview” on May 2020 but no interview got scheduled uptill now. It could be because I moved to San Francisco for a new new job.
But I have seen many other people say that this online status “next step is An Interview” does not mean anything.
I think that is normal and does not tell you when the interview will be, unfortunately. Take care, Jason
Thanks alot for replying
Its 5 years now
Hi Shazia,
When we expedited our case we saw the same message on the website. Then they send us a letter and gave us only two weeks before the interview. It’s better to be prepared for the interview. In case they call you for the interview.
Wish you good luck!
Plz ignore this reply. I misunderstood. My apologies.
Thanks for telling,
I didn’t expedite my case
Hi Jason! May I ask you, can an asylum seeker with pending interview status change address online?
Yes – use form AR-11, available at http://www.uscis.gov. If the interview is already scheduled and you have the notice, you can also tell the asylum officer about your new address (but you should also file the AR-11). Take care, Jason
Got it! Thank you so much! As I already filed i589, I wonder what should I reply on the question “Have you filed an immigration-related application or petition and have not yet received a decision notice, card, or document?” Yes or No?
I actually clicked YES. Hope it was right choice. However I am confused by this “Be sure to also give your new address to the U.S. Postal Service.”. If I don’t do that, then I’m not gonna get mails from USCIS to my new address?
I think that was the correct choice. They should send any documents to the new address. You should also change your address with the Post Office, but that should not effect what USCIS sends you. Take care, Jason
Thank you for the replies! One last question if I may. After I submitted new address to USCIS electronically should I expect some sort of confirmation from them that my new address was added to the database before I send anything else like the work authorization renewal?
Sometimes, they send a letter, but most times, the only confirmation comes after you submit the AR-11 (on the USCIS web page and by email). You can send an I-765 renewal without any worry, since you can put your new address on that form and all correspondence will go there. Take care, Jason
I have learned that my EAD was returned to USCIS. Do you guys know how to request redelivery? How long does it take to redeliver the card? Or would it be possible to expedite the redelivery as a healthcare worker?
Thanks you in advance for your answer guys.
You can request re-delivery here: https://egov.uscis.gov/e-request/displayNDCForm.do?entryPoint=init. I think it does not take long – maybe a few weeks, but I am not sure. Take care, Jason
What is your RD? I didn’t get my EAD renewal yet. My RD is Feb 10th 2021. After 10 days still haven’t heard anything from USCIS regarding healthcare expedite request. Is this normal? I also requested Tier 2 call, but that takes up to 30 days.
It may be that the healthcare expedite system is working less well than it was a few weeks ago. We were hearing that people had the card mailed to them in a week or so, but now that seems to be slower. I wrote about this last month, and I think USCIS is supposed to respond in a week; if not, you should try calling them again. Take care, Jason
Hi Jason,
Hope everything is fine, thank you for your help by providing unlimited advice.
I had asylum interview at NY in end of. Dec. 2021 after that I haven’t heard nothing from AO NY. Just waiting for decision.
My question is why the asylum officer didn’t ask me for the original document s and my health documents like X-ray and medical documents.During the interview he didn’t see documents even.He just asked me from my I 589.
What do you think, Jason.
Looking forward your response.
Pratik
It would have been better if the officer was more thorough, but I do not think that is a bad sign. So you know, it is the asylum seeker’s responsibility to submit relevant documents, so if you did not submit documents that you want the officer to see, you could try to send them now (send copies, not originals). You can scan them and send them by email, and also make an inquiry about the status of your decision. You can find their email address if you follow the link under Resources called Asylum Office Locator. Make sure to include your name, Alien number, date of birth, country, and date of interview, and if you know it, the asylum officer’s name or officer number. Take care, Jason
Thanks Jason for your response.take care.
Hello Jason,
Thank you so much for the great job you are doing.
I have a question. My children went for I-730 interviews in my home country, so on their forms they applied for SSN and EAD. I would like to know if they going to receive their SSN and EAD in my home country or while they come here in US and how are they going to receive it.
Thank you.
Lori
They should receive those after they arrive in the US. I do not think it is possible to get them before they arrive here. Take care, Jason
Dear Jason,
I sent an email to my immigration attorney (to expedite my case after waiting almost 7 years ) February 3rd and no response from him.I don’t know how long I have to wait to respond me.It’s the first time I see this issue .What’s your suggestion as a lawyer?
Lawyers are busy and we sometimes miss emails. I would email again or call him. Take care, Jason
Jason,
USCIS approved my i730 petition on January 4,2022 and got a letter notifying the same note is transferred to NVC. But I couldn’t get any news from NVC, as of today NVC is processing cases received from USCIS on February 4, it’s seems my case is stuck somewhere. None of them respond for phone calls. Any info on this?
Thanks,
Samuel
@sambod
Try calling them at night time..give your case details and they will definitely help you the wait time is at least an hour so be patient and hold
I had filed for my kids i730 on December 2020 and got it expedited and my kids were here in USA on November
Thanks Tas !
They used to have an email, but now, I think the only way to reach them is through an online form (https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/nvc-contact-information.html). Also, there is a link under Resources called I-730 Family Reunification Manual. Maybe this would have some other ideas for dealing with the NVC. Good luck, Jason
Hi Jason,
I had my asylum interview seven months ago, but the decision is still pending. The asylum office says that it is pending background checks.
Does it mean that the asylum office approves my case, but it needs security checks to be finalized?
Thank you
Can you share your timeline? and I am just wondering where you had interview?
It does not mean that the case is approved. They cannot issue the decision (granted or denied) until background checks are complete. I did a post on June 2, 2021 about post-interview delays. Maybe that would be helpful. Take care, Jason
Today, I submitted an inquiry about my pending asylum case(I have been waiting for more than 5 years for the interview). They responded me back saying that your case is pending for security check, and we can’t give you any estimates before it completes. Now, I understand why it takes forever even if you get EAD.
Sorry I don’t understand you mean security checks even before the interview. So you are saying that your interview has not been scheduled for 5 years due to security checks??????
I’m not sure how the process looks like, I am also not sure when USCIS initiated the security checks. My case is pending for interview, and I will copy and paste their respond here.
“You are currently pending one or more mandatory security checks. All security checks must be completed to proceed.
Security checks are performed by other government agencies, not USCIS; therefore, we’re unable to estimate when the checks might be completed”
This is just what they said:
“You are currently pending one or more mandatory security checks. All security checks must be completed to proceed.
Security checks are performed by other government agencies, not USCIS; therefore, we’re unable to estimate when the checks might be completed”
Note: I’m really happy that I receive an email from a human not bot or an automated message. That’s a huge progress!
WTF that’s crazy, BTW my interview has been pending for 6 years and a few months, It is possible they are also doing the same in my case as I am from a Muslim country neighboring to afghanistan.
Yeah! I’m from a muslim country too. Friend of mine is waiting for 3 years to get his interview decision. The whole process for him is like 9 years now. This is a tragedy!
If you have not yet received the interview, that is a strange reply. Pre-interview delays are usually just due to volume (too many cases; not enough officers). Post-interview delays are usually due to the security check. And so I am thinking that they just you a generic reply and it is really for people who were already interviewed. Maybe you want to try to expedite the case – I wrote about that on March 30, 2017. Take care, Jason
My timeline and hoping best for everyone!
– Applied for Derivative Asylee in 2018
– Approved I-730 after 27 months
– Applied for GC in 2020
– Received GC in 2022
I guess it could have been worse, but this is pretty darn slow. Anyway, at least you now have the GC – so congratulations for reaching that milestone, and thank you for sharing the timeline. Take care, Jason
Hi Jason. I am Asylee. I am political activist who is doing freedom struggle of our province from a country. I was in exile in 3rd country for 10 years. I had wife and a child. I divorced my wife and child is under my supervision with my parents in my Home Country. I reached United States in 2020. After reaching here I did online marriage with a women whose husband died and she had a child too. I filed asylum here and it granted this month.
Now I want to file i730 for my wife, my child from first wife and a child from second wife from deceased Husband.
Now kindly guide me that how I can apply for my new wife, her child who is adopted by me and my child from divorced wife. Thank you.
You should be able to file an I-730 for each person, and they should be allowed to come here (assuming the marriage is legal and that the children and your spouse meet all requirements to come here). If you have never met your spouse in person, that could be an issue. If you look under Resources, there is a link called I-730 Family Reunification Manual. It is pretty comprehensive and might address that issue, but if not, you should probably talk to a lawyer to see how best to approach this, as it could be complicated (though I do not expect you will have any problem bringing your biological child here, assumung the child is unmarried and was under 21 years old when you filed for asylum). Take care, Jason
Thank you. But what about the child of my new wife which she has with her diceased Husband and it is now adopted by us!
@MIR
Are you serious??? Don’t be cheap and go see an attorney as it looks like a complicated case by marrying someone inline i mean jason is helping everyone but cases like yours can’t be 100% discussed online and you need to contact an attorney as soon as possible!
Nick, I agree that it would be ideal for MIR to consult an attorney. However, you must understand that not everyone can afford a lawyer. And that is why it’s good to have Jason’s blog as a guide/some kind of resource.
For the virtual marriage, we’d need more information to know if the marriage was actually consummated- that is, they maintained physical, “marital kinship” since the marriage ceremony. In addition, since immigration is federal law, we don’t know if USCIS would consider online marriages- that is, when the spouses get married over the internet in 2 different countries- to be valid. At the state level, one state may consider it to be valid; however, another state may not. Furthermore, in some states, it is legally required for the wedding officiant to be physically present.
As well, for a marriage to be valid, both jurisdictions (or countries) have to consider the virtual marriages to be legal. Otherwise, at least in theory, the marriage is not valid. For instance, if gay marriage is not recognized in country A, and a marriage ceremony was held online when one of the spouses is in country A, then I am not sure if the US government would consider that marriage to be valid. I am probably wrong, though.
Those things, I agree, complicate the case.
Though we don’t know much about MIR’s case, since much wasn’t said (we are using the information we have), I (personally) would advise that MIR consult with a immigration lawyer who has some knowledge of family law as well.
Just yesterday, USCIS issued additional guidance about “informal” marriages – maybe this would be helpful: https://www.uscis.gov/sites/default/files/document/memos/Revised_Guidance_on%20Informal_%28_Camp_%29_Marriages.pdf. Take care, Jason
I forgot to say “IF s/he (MIR) can afford the lawyer”.
Jason Indeed provides a great service by giving free of cost advice to everybody….
Your bill is in the mail…
Jason, thanks for sending this. It is very interesting and it makes sense to me since refugees and asylees are so restricted in many ways. This memo makes me wonder what would happen if, for example, a gay asylum applicant in the US marries his longtime boyfriend (let’s say the boyfriend resides in the COP) over the internet. And let’s assume that there is state-sanctioned persecution against LGBTQ people- and that same-sex marriages are not recognized by the COP, or are proscribed by law in the COP. Would USCIS recognize this marriage for the purpose of follow-to-join asylum/refugee status?
Excellent question. As usual, I do not know, but it would be an interesting case to try (also as usual, the case that is “interesting” for the lawyer is awful for the asylum seeker). Take care, Jason
If the child is under 21 and unmarried and if your marriage is a legal marriage, you should be able to bring the child here. However, if you have not met your wife in person since the marriage, I am not sure whether the marriage would be considered “legal” for purposes of US immigration law. You should talk to a lawyer if that is your situation, so you know how best to proceed. Take care, Jason
Just yesterday, USCIS issued additional guidance about “informal” marriages – maybe this would be helpful: https://www.uscis.gov/sites/default/files/document/memos/Revised_Guidance_on%20Informal_%28_Camp_%29_Marriages.pdf. Take care, Jason
Hello Jason,
Can you please help me to understand what happens after USCIS refers my case to IJ after the interview?
I searched your blog but couldn’t find any article about it.
Chicago Office.
Thank you in advance
I wrote about that on May 7, 2018 – maybe that would help. I also wrote about it in my book (where I collected a bunch of articles about Immigration Court), which you can seen if you click on the “Book” link near the top of the blog. Take care, Jason
I completely forgot about the book, gotta read it to get ready for the hearing.
Thank you
Good luck with the hearing, Jason
Hi Jason,
Hope you are well and thank you for what you do. I have a asylum case pending but have been approved for a green card via marriage . I have emailed the asylum office to close my case but i have not heard back from them. Im looking to travel internationally soon would it be ok if i travelled while the case is still open and pending withdrawal? Thanks in advance.
I would email them again. I suspect it will be ok to travel, especially if you have a Green Card. However, you may be asked to explain why you traveled using the home country passport (you probably will not be asked about this, but it is possible, so be ready to explain). Also, I think it would be a bad idea to go to the home country (I wrote about this on January 6, 2016). Take care, Jason
Hi Jason,
Thanks for all you do.
I recently applied for AP based on humanitarian reasons. I heard some lawyers say chances of getting AP with pending asylum is basically zero. Is that the case these days in your experience?
I plan to visit sick relative and if time permits also do my H1B interview in a third country.
Hi Tori you can get AP there is no problem for travelling. I have done twice and might do 3rd time.
Hey Suli,
When did you travel and what was your reasons? How long did you get it for?
I have traveled 1st in March last year for 2 months than I applied for emergency which was for 1 month in September for 3 weeks. Both times came in with no problem. My mom was extremely sick I had doctor letter which helped me.
Take care
We have gotten AP based on asylum pending – it is sometimes not easy to get. I wrote about it on September 11, 2017 (and in my book, I have some updated info about this). You need evidence about the sick relative. I also suggest you give 2 dates for travel – one in maybe 6 months (unless you are trying to expedite, than ask for a sooner date) and a second for maybe 6 months after the first date. The reason for this is so that (hopefully) you will get an AP document valid for at least the period between the 2 travel dates. Otherwise, AP may end after the first travel date, which may not give you much time. Take care, Jason
Quick question to Jason or any one here who already applied for EAD renewal,
I can’t find a clear guidance on c(8) EAD renewal fee! Is it only $410 or $410 + $85
Thanks
It is $410 if you are also a member of ASAP or Casa de Maryland and you provide evidence of membership. Otherwise, it is $485. However, there was just a court case earlier this week that eliminated some Trump era rules about EADs, and I am not sure if the biometric fee is affected by that. Check the websites for ASAP or Casa de Maryland, as they have been good about updating this stuff – I did a blog post on September 23, 2020 with links to both groups. Take care, Jason
Hi Jason,
What are advantages of being ASAP member? I have been a member for a week now and also had my wife registered . Also, could you tell me what kind of mail do I need to send a expedited requested with? My wife is a nurse but her EAD application has been pending for almost 10 months as USCIS now treats us like true people from shithole countries with no dignity at all. I sent a certified mail and when I tracked it , it showed that it was delivered on the 31st of January but we never heard anything back from them yet. What would you do in a situation like this? Please advise
If ur wife is nurse there are so many agencies that sponser green card for nurses.
The only advantages of being an ASAP member (aside from the fact that it is a great organization) are that you can get the first asylum-pending EAD more quickly and that you do not have to pay the biometrics fee. In terms of expediting as a healthcare worker, it is best to call. I did a blog post about that last month. People seem to have had decent luck calling to expedite, so give that a try. Take care, Jason
Hello Sir Jason,
I am from Cameroon and sharing with you the fate of deported Asylum seekers from Cameroon. This report is from Human rights watch. I know of some people who were deported and they tortured by the Cameroon Government.
https://www.hrw.org/news/2022/02/10/us-deported-cameroonian-asylum-seekers-suffer-serious-harm
Please what can be done? This article just took my depression to another level.I fear going back to Cameroon.
Please do you know anyone who can talk to USCIS about this evil? We live in constant fear and depression in the USA.
Thanks so much
I have been reviewing this report – there are many distressing parts of the report, but one thing that caught my attention was that returnees were being harmed specifically because they had sought asylum in the US, and that this is viewed as anti-government. Also, apparently the US government has purposefully or accidentally given info to Cameroon that makes Cameroon want to persecute the returnees. Giving such info may be illegal under US law. Hopefully, there will be an investigation. For what it’s worth, I may be writing a blog post about this, but I have not decided yet. Take care, Jason
It’s unlikely that either government will do anything about it. And many people, although they know about this mindset, they don’t say it in a direct manner. Some form of punishment is warranted for people dare to attempt to seek asylum and fail. Because in this way, the govt will see fewer asylum applications. If no form of punishment is levied against failed asylum seekers. The temptation to seek asylum will be high. So I wouldn’t count jail or mistreatment is something notable. You dare to seek asylum ? then be prepared to suffer should you fail. I think this is a thing any asylum seeker should consider before attempting to seek asylum. Whether you like it or not…it is the reality.
There already is a punishment for filing a fraudulent application. And given how dis-functional the system is, and how inconsistent the decision-making is, it makes no sense to somehow punish people who are not approved for asylum (in the absence of fraud). In any event, losing your case and being deported seems like punishment enough. Take care, Jason
Hi – I am part of the Cameroon Advocacy Network. I worked with the researcher of the HRW report since I knew many of the people who were deported. Please contact me at defend-black-immigrants@protonmail.com.
The report is very powerful and very upsetting for many reasons. I am working on a blog post about it for this week or next week. Take care, Jason
I really liked the bill which is proposed by Florida Republican Congress women María Alvarez Salazar. She is Republican but much better than fake Democrats
Here is the bill
https://salazar.house.gov/media/press-releases/congresswoman-salazar-introduces-dignity-act
Scopa, what I am getting from you is complete selfishness and ignorance. Salazar’s bill is an affront to immigrants in general. As well, some of her “recommendations” are rehashing what the “fake Democrats” have been suggesting all this while. For instance, Dems have been calling for “radar, cameras, infrared, secure communications, and autonomous detection technology…” Repubs, on the other hand, are calling for physical walls/structures- which is physically impossible to do and extremely costly- and the militarization of the southern border.
In addition, Dems have been saying what Salazar is trying to pass off as her own when she says: “Curbs irregular migration from Central America and address roots causes of northern migration by bring law, order, and increased development to Guatemala, El Salvador, and Honduras.” Dems have also called for a more secure status for Dreamers and the regularization of other undocumented immigrants in the US. Dems have also called for more asylum officers and judges to help with the asylum backlog. Are you saying it sounds better coming from a Republican than a Democrat?
Further, Salazar is suggesting that the government continues to use last-in, first-out to “cut down multi-year backlog in immigration courts.” This is almost laughable as it’s already being used and has proved ineffective.
She’s is also suggesting, as a kind of bargain, I guess, that before undocumented immigrants can become documented they should work as servants/”family caregiver” (euphemism for house servants) – almost like indentured servants, really- for Americans. Her recommendation: “Through the 10-year Dignity Program, undocumented immigrants will be provided a chance to work, earn legal status, pay restitution, and get right with the law. They must comply with all federal and state laws, pass a criminal background check, work or serve as a family caregiver, and pay taxes. They must contribute to the American Worker Fund to begin the program.” And then she has the temerity to call it the “Dignity program”. What year are we in again?
By the way, what does she mean by “pay restitution”? What about people who have been undocumented for years and then luckily found/will find a legal pathway to citizenship? Did they/will they have to pay some kind of restitution for the “wrongdoing”?
She also mentions E-verify. It looks like she didn’t know that there is already a thing called E-verify and there are punitive actions that can be taken against violators of the E-verify system. Did I say “redundancy” already?
There are a lot more things in her “proposal” to talk about; however, I really just wanted to point out your hypocrisy and ignorance of what’s going on in American politics. You remind of those immigrants who immigrate here and then want to slam the door behind them once they’ve gotten some permanent status.
Hi Jason
We filled a motion with the court we haven’t had a response yet. But The master hearing date on the submitted motion was changed online ( after the motion was sent with the old hearing date) . Will it affect the decision on the motion? Or should we submit a new motion with the updated master hearing date?
How long does it usually take to receive a respond on a motion?
Thank you
It should not affect whether the judge rules on the motion – they are supposed to rule on motions within a relatively quick time frame (I forget – maybe 30 or 60 days), but they often do not. Also, court dates are being randomly re-arranged left and right, and it is hard to keep track of what they are doing. In any event, if you think it has been too long, you can try calling the court and talking to the judge’s clerk – some of them are responsive. You can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
***THIS IS A BIG JOKE ***
Dear XXXXXXXX
We must apologize, due to unprecedented processing delays at U.S. Citizenship and Immigration Services (USCIS) and the resulting volume of requests for case assistance we receive, the CIS Ombudsman’s Office has not yet been able to take action on your request. For your information, we are temporarily prioritizing those requests in which our intervention may be most effective. Those include requests involving:
non-receipt of USCIS notices or decisions;
cases where a noncitizen will “age-out” within 90 days;
certain cases involving U.S. military personnel and their families;
clear USCIS error;
individuals in removal proceedings with a hearing scheduled within 6 months;
delays with USCIS sending an approved petition to the U.S. Department of State’s National Visa Center; and
expedite requests approved by USCIS more than 2 months ago.
If the only issue you are encountering is that your case is outside USCIS’ published processing times, we regret that we will not be able to provide timely individual case assistance. We will continue to work with USCIS’ leadership to address its lengthy delays—across various form types—as a systemic issue. Please note, only USCIS can grant a request for expedited processing and its criteria can be found at http://www.uscis.gov/forms/expedite-criteria.
Thank you for your patience and understanding.
Sincerely,
Office of the Citizenship and Immigration Services Ombudsman
U.S. Department of Homeland Security
Washington, D.C.
Phone (toll free): 1-855-882-8100
Phone (local): 202-357-8100
Email: cisombudsman@hq.dhs.gov
Web: http://www.dhs.gov/cisombudsman
The Office of the Citizenship and Immigration Services Ombudsman is an independent, impartial, and confidential resource. We advocate for a fair and efficient immigration process.
____________________________________________________
Dear Jason : Thats the reply from OMBUDSMAN about a petition I-130 filed by a US citizen for spouse and both are present in USA and Its been 35 months and 11 days since the case was filed. USCIS sitting on it , on the top of that read that Ombudsman reply. Its a joke. I am speechless. I can’t afford 6000 USD, otherwise would have long before sued USCIS.
I’ve seen this message once before, and it shows the sorry state of the agency. One point – it says that they will respond to expedite requests that are 2+ months old. Maybe you want to make an expedite request (I wrote about that on January 29, 2020) and after 2 months, try again with the Ombudsman. Also, while a lawyer is expensive for a mandamus lawsuit, you can do such a case on your own (or technically, the person who filed the I-130 would do the case). Even if you do not get it 100% correct, it may be enough to get their attention – often, they would rather reach a decision in the case than fight a lawsuit, so maybe it is worth a try. Of course, maybe USCIS could just do their job, but that does not seem to be the case these days. Take care, Jason
Population control is really important. If all application is adjudicated within 10 min, then the U.S. will soon be flooded.
Uscis is really messed up, trump govt removed all the funding and possibly reduced personnel and biden govt never fixed it because they don’t really give a crap. It’s not like it is an important issue for them, we are immigrants we don’t vote and politicians don’t give a crap to change any thing.
Hi Jason,
Thank you for all that you do for us. I have a quick question, my asylum was sent to court and I have been married to us citizen for more than a year now, we haven’t had our interview yet but people who filed after us already had their interview. Do you think this is because my asylum is pending in court? And can I request for status update if priority date has passed?
Thanks in advance.
I doubt a court case would affect the I-130 petition. One thing to try, if you can, is to contact DHS (the prosecutor) and tell them about the delay. Maybe they can contact USCIS to move things along. I have not tried that in a long time, but it has worked on occasion. You can also contact USCIS on your own (or rather, the US citizen spouse who filed the I-130 can do this). Once the I-130 is approved, the normal path these days is to dismiss the court case and get your GC with USCIS. It is also possible to get the GC with the court, but I have not done that in some years. I wrote about all this on August 6, 2018 – maybe that would help. Take care, Jason
Hi Jason,
After reading this article, I was wondering, what should be the status of a derivative Asylee-son/daughter of a principal Asylee who has already obtained Asylum and applied for Adjustment of Status but whose principal Asylee Deceased before the final grant of PR?
Thank you,
There is a correction above about that – if the principal dies before the derivative gets a GC, the derivative become ineligible to get a GC without first doing a nunc pro tunc asylum application. The correction is that the derivative does not lose asylee status; she only loses the ability to adjust status and get a green card. Once the nunc pro tunc application is approved (which is almost always is, though that can take many months), the derivative can get a GC. Take care, Jason
Hi Jason
Thank you for your blogs and I am following you since 2019. They really help. I have a quick question to ask. I am a permanent resident based on asylum status and I am the principal applicant. I was granted GC in may 2019 and now my mother is extremely sick. I want to briefly visit my COP and come back. Can I briefly go and come back and what are the risks I will be denied at the border. What happens next if they deny me at the border. I need your help regarding that ? Can you please share any experience from your client etc
I did a blog post about this on January 6, 2016 and that may help. I have had clients return without a problem. The risk is less if you do not fear the home government, but instead fear non-state actors (like terrorists). However, there is some risk – if the trip causes the US government to consider that your asylum case was fraudulent, you could lose your status. So you should be prepared to explain and present evidence about why you returned and how you stayed safe. Also, it is unlikely that you would run into any real trouble upon returning at the border – either they would require you to go to a USCIS interview later on, or this issue would come up at naturalization. I think this is all very unlikely, but it is best to be able to explain the trip, just in case you are asked. Take care, Jason
Hi Jason, i have a question:
How often does USCIS actually file before BIA, after approval at Court(if they’ve reserved the right to do so).
And how often BIA change the Judge’s decision.
Thank you.
In my experience DHS (the prosecutor) rarely appeals if we win a case. It has happened a few times, but not for years. Maybe the last time I saw that was in 2010 or so. BIA cases generally take maybe 1 or 2 years, though like everything else, it is not very predictable. Take care, Jason
Jason,
How are you doing? I have been waiting for asylum interview since early May 2014. Today, we did receive a ASC Appointment Notice for my daughter (12 years old). We had our initial ASC Appointment back in Late May 2014. So, does this second ASC Appointment is normal USCIS procedure or it could be that my asylum office is working on my case? Last year, USCIS opened a new asylum office in Tampa and we have been living here since 2010, so they should have my case now.
Thanks in advance,
JJ
Normally, when a child turns 14 (not 12), she needs to get her biometrics taken, so it may just be something standard. On the other hand, at least it is a sign of life, and hopefully means that you will get an interview soon. You might email the local asylum office to ask. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Jason, thank you for posting this. For clarity, it should be noted that the derivative asylee dos not lose the asylum status. Rather, s/he loses the ability to adjust status under the principal if the principal dies or naturalizes, if the couple divorces, if the dependent child chooses to marry, etc.
I think this is not correct. If the principal naturalizes, dies, etc., while the dependent still has asylum, the dependent loses their asylum status and must file a nunc pro tunc application to get status back (as the principal). Take care, Jason
Jason, I am sorry- I have to respectfully disagree. The derivative asylee does not lose his/her asylum status; the derivative asylee loses the ability to adjust his/her status to LPR under the principal.
According to the USCIS Policy Manual (Chapter 2, Part 7): “A derivative asylee must continue to meet the definition of a spouse or child of a refugee both at the time of filing and final adjudication of the adjustment application. A derivative asylee spouse fails to meet this eligibility requirement if the marital relationship has ended. A derivative child fails to meet this requirement if he or she marries or no longer meets the definition of a child. [4] Likewise, if the principal is no longer a refugee or adjusted asylee at the time a derivative seeks to adjust status, then the derivative asylee will no longer qualify.
A derivative asylee who fails to meet this requirement does not lose his or her asylum status when the relationship to the principal asylee ends or when the principal asylee naturalizes. A derivative asylee only loses the ability to adjust status as a derivative asylee, but may adjust status under another category if he or she can establish eligibility. ”
Also, according to USCIS (quoted in the American Immigration Lawyers Association’s (AILA) chat notes ): “Although an individual may lose his or her ability to adjust status based on a “spouse” or “child” relationship to the principal, once asylum status is granted, an individual does not lose asylee status even if a principal/dependent relationship ends, unless USCIS or EOIR formally terminates asylum…”
Thus, for the derivate to lose his/her asylum status, the US government (and this is in accordance with current immigration/asylum laws and policy) would first need to find a ground to terminate the asylum status, and then formally terminate the dependent’s asylum status. Terminating a derivative asylum status is not necessarily dependent on the principal’s status. The converse, however, is not true. I don’t see anything in the law or manual that says losing the relationship with the principal is a ground to terminate the derivative asylee’s status.
You should not apologize – you are correct (I fixed it above and gave you credit). I had always thought that the person loses her asylum status, but that is not correct – they just lose the ability to adjust status. Either way, it is important that a dependent asylee apply for nunc pro tunc asylum if the principal-dependent relationship ends, but it is good to know that the person does not lose asylum status. Thank you for keeping me honest! Take care, Jason
Hi- Jason. Thanks. No worries.