A new report from Human Rights Watch documents the fate of dozens of Cameroonian asylum seekers deported to their country between 2019 and 2021. According to HRW, people deported to Cameroon “faced arbitrary arrest and detention; enforced disappearances; torture, rape, and other violence; extortion; unfair prosecutions; confiscation of their national IDs; harassment; and abuses against their relatives.” In addition, many also “reported experiencing excessive force, medical neglect, and other mistreatment in Immigration and Customs Enforcement (ICE) custody in the U.S.” Sadly, none of this is particularly surprising.
The portions of the report that I want to discuss here relate to asylum seeker confidentiality (or the lack thereof) and to the persecution of returnees because they sought asylum in the United States.
First, let’s talk about confidentiality. The law is quite clear on this point: Asylum applications are confidential. With very limited exceptions, information about an asylum case may not be shared outside the U.S. government. The reasons for this are obvious, since disclosure of such information–including the fact that the applicant filed for asylum–could “subject the claimant to retaliatory measures by government authorities or nonstate actors in the event that the claimant is repatriated, or endanger the security of the claimant’s family members who may still be residing in the country of origin.”
For the most part, confidentiality is respected. But I have seen instances where the U.S. government inadvertently or negligently revealed information about the asylum claim to the home government. In the cases I’ve seen, this usually took place in the context of an overseas investigation, where U.S. embassy personnel revealed too much about the asylum applicant. In such cases, we can use the breach of confidentiality as an additional basis to claim asylum. I’ve also seen a couple examples where the U.S. embassy denied a visa application and explicitly informed the applicant that the visa was being denied because a relative in the United States filed for asylum (and the embassy was concerned that the applicant would also seek asylum). In addition, I know of one example where an ICE agent deliberately “outed” an asylum applicant, in that case, President Obama’s aunt, probably for political purposes.
The HRW report details a number of instances where “Cameroonian authorities searched [deportees’] bags for incriminating documents, and in some cases discovered sensitive and confidential documents relating to their US asylum applications.” “Eight people alleged that their documents fell into the hands of Cameroonian officials because US Immigration and Customs Enforcement (ICE) officials failed to protect or respect the confidentiality of their asylum documents.” “Five of these eight people said that ICE or other officials had, prior to departure, either packed their bags for them or refused to allow them – despite pleas – to remove documents from their bags.”
If this is all true–and it seems unlikely that eight independent witnesses would lie–ICE has pretty clearly violated 8 C.F.R. § 208.6, which provides–
Information contained in or pertaining to any application for refugee admission, asylum, withholding of removal under section 241(b)(3) of the Act, or protection under regulations issued pursuant to the Convention Against Torture’s implementing legislation… shall not be disclosed without the written consent of the applicant, except as permitted by this section or at the discretion of the Secretary [none of these exceptions would even remotely apply here].
It was entirely foreseeable that the Cameroonian authorities would search the deportees’ luggage, and so placing–or refusing to remove–sensitive documents in the luggage essentially guaranteed that their asylum applications would be discovered.
And these actions have serious consequences. I suppose it is not surprising that a government which commits severe human rights abuses would be angry when its citizens complain about those abuses. According to the HRW report, the government of Cameroon retaliated against a number of the deportees for “spread[ing] false news likely to harm public authorities or national cohesion” and for saying “a lot of bad things about the [Cameroonian] government.”
Deportees were also subject to false charges of being “traitors,” “supporting the rebels,” and supporting “separation of the country.” Others were threatened with charges under Cameroon’s (overly broad) anti-terrorism law.
As a result of these various charges, deportees reported facing prison, abuse, and rape. Other deportees have disappeared and are presumably detained (or worse). Still others avoided detention by paying bribes to officials.
In short, the HRW report provides strong evidence that U.S. authorities–specifically ICE–failed to protect the denied asylum seekers’ confidentiality, and that this resulted in persecution by the Cameroonian government.
As a remedy for this situation, HRW recommends that the U.S. government “Immediately offer all Cameroonian asylum seekers deported in 2020 and 2021 humanitarian parole to the United States, in order to enable de novo examination of their asylum claims, not only because of wrongful denial of their initial asylum claims, but also because they now have established sur place claims [new claims based on the improper disclosures to the Cameroonian government].” The report also recommends that DOJ, DHS, and Congress investigate the alleged abuses by ICE.
I certainly hope that the U.S. government will take the HRW report seriously and carefully investigate the allegations. Asylum seekers whose confidentiality was violated and who suffered persecution as a result, should be permitted to return to the United States. Also, I would hope that our government makes clear to the government of Cameroon that detaining and abusing people deported from the U.S. is not acceptable. Finally, at a minimum, ICE agents involved in removals should be trained in the appropriate procedures, and if they violate those procedures, they should face discipline.
Our government should also investigate whether these violations are limited to Cameroonian asylum seekers or (as I suspect) are more widespread. ICE operations rarely receive scrutiny. Nor do we have much data about what happens to failed asylum seekers after they are returned home. By shedding light on our country’s failure to protect confidentiality, the HRW report is an excellent starting point for improving our asylum system–both for those applicants who are approved for protection, and for those who are ultimately deported.
Hello Jason,
I applied my EAD for the first time under category C08. I received a letter on the 11th of February saying “Case Was Received and A Receipt Notice Was Sent”. They have also sent me an online profile details with access code.
Do you have any idea when I will receive my actual EAD card and SS?
I even went to track processing times online for CO8 and it says:
FORM TYPE: I-765, Application for Employment Authorization, based on a pending Form I-589, Application for Asylum and for Withholding of Removal. This is for asylum applicants (with a pending asylum application) who filed for asylum on or after Jan. 4, 1995. DETAILS: **USCIS is temporarily removing the processing times for Form I-765s in the (c)(8) category. Historically, USCIS has reported the processing time from filing to approval. On Feb. 7, 2022, the U.S. District Court for the District of Columbia in Asylumworks v. Mayorkas, vacated two rules from 2020 that impacted processing times for Employment Authorization Documents based on a pending asylum application. While USCIS takes steps to implement the court order, USCIS is not reporting processing times. This page will be updated once USCIS has sufficient data to report accurate processing times.
PLEASE HELP ME if you have any information regarding this.
People who were members of ASAP or Casa de Maryland were usually receiving the EADs within a few months. Other people took longer. In early February, a court case changed some rules related to EADs and so I do not know how that is affecting processing times (and from the USCIS message you posted, it sounds like USCIS does not know either). Things in general are very slow, and I am really not sure an initial application will take since that court case was issued. Take care, Jason
I am just wondering if applying for EAD can help expedite my GC application based on asylum and pending for more than two years now?
I think that would have no effect. I wrote about expediting with USCIS on January 29, 2020 – maybe that would give you some ideas, but GC applications for asylees seem to be taking 2 or 2.5 years in most cases. Take care, Jason
Hi Jason,
I just received an RFE for asylee GC requesting for medical exam since mine expired and to re-complete form I-485 since I applied in 2019. There is a new form apparently.
USCIS Nebraska sent me a 4×9 standard envelope to return all documents in there but it’s too small. Wondering if anyone has experienced this before? Thinking of getting a larger envelope.
Thanks for your support.
Hello Steph,
Recently I have received the RFE for my GC application filed in 2019. They have requested the additional Evidence. Did you get the RFE for initial evidence or additional evidence?
In which month did you file for your I485?
I’m still waiting for the Mail to see what they requested for.
I’m really confused why do you have to refill the form I485 again? At the time of your filing, it was that form they wanted to file you for I485. That sounds is really ridiculous
I have seen sometimes where the medical exam expires, but I have not seen where they ask you to complete a new form because the old form expired. The different versions of the form are all basically the same, if I remember correctly. Plus, they should use a form that was valid at the time you submitted it. In terms of returning the documents, you do not need to use their envelope; just make sure you get their address correct. Take care, Jason
Thank you, Jason!
They requested I complete a new form, could be that they lost the original one! Smh!!
I filed in March 2019. They only requested medicals and to submit a new I-485 form.
All the very best to you! The asylum process continues to be daunting and long!! May God help us!
Thanks for your reply STEPH.
I’m still waiting for the Mail for the RFE. It’s been more than 12 days now.
Just curious, how long did it take for you to receive the RFE in mail from the time of Status update on USCIS site ?
Hi Jason, I moved from NY TO WI Already submitted AR-11 today got response from USCIS THAT my address updated in our electronic system just wondering when will my jurisdiction change letter will issue?
I do not think you will receive anything else (though sometimes, you get a letter confirming the new address – not always). This means that the case is automatically moved to the new location. If you want to double check (and assuming this is an asylum case), you can 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, thanks for response actually its regarding my I-485 application based on asylum address change request?
In that case, the confirmation should be enough. If you are interviewed, that should take place in the local office based on where you live now. Take care, Jason
Dear Jason and others,
I have pending affirmative asylum case and waiting for interview. I plan to get marry with someone who is us citizen and seven years older than me.
What happen if my marriage green card application is denied while I have still pending asylum case.
Will I get deported, or will I continue with my pending asylum ?
Will USCIS force me to terminate my asylum case ?
I would like to have backup plan in case my marriage green card is denied
Thank you
An age difference is not a reason to deny a marriage-based case. However, if USCIS determines that the marriage case was fraudulent, it very well could affect the outcome of your asylum case. If the marriage case is denied for some other reason, I do not think it should affect the asylum case. We recommend that our clients complete the marriage case and get the GC before trying to withdraw the asylum application. That way, if the marriage does not work out, the person still has the asylum case. Take care, Jason
Jason, assuming they are adults, a 7 years difference in age is not even that big of a deal. I mean, we are talking about 7 years, not 15 or 20 years lol. I feel like sometimes people find things to needlessly worry about sometimes.
I am guess the commentor means that the woman is older than the man. At one time, that was a “red flag” for USCIS, but I think it is no longer an issue they even consider. Take care, Jason
Hi Jason,
My Congressman’s Office shared the below message with me which they received from USCIS today. Does this mean my expedite request is approved or still under review.
“Good afternoon, :
NOTE: PLEASE DO NOT FOLLOW-UP OR RESPOND DIRECTLY TO ANY SERVICE ITEM / INQUIRY.
Thank you for your inquiry on behalf of your constituent, , regarding his Form I-765, Application for Employment Authorization.
USCIS has approved your constituent’s expedite request and the case has been assigned to an adjudicating officer. The case is currently under review. If additional information is needed to establish eligibility, your constituent will be given the opportunity to provide additional evidence.
We hope this information is helpful. Please let us know if you have any further questions.”
It sounds promising, so hopefully, you get the new EAD soon. Good luck, Jason
Hi Ken,
Please let us know once you get approval. I created a service request one month before, lost my job and waiting for my approval still… (My PD : 03/09/2021)
Dear Jason,
How to check the processing time for IOE – USCIS Electronic Immigration System (ELIS)? I applied for work authorization renewal and my receipts number starts with IOE and in uscis web site there are only fields offices processing times only but I cant find specifically for the IOE – USCIS Electronic Immigration System (ELIS).
Thank you,
John
I do not know – I would think you have to check the same location that processes your category of case. That is probably the best way to get some idea, though the posted processing times are not always particularly accurate in any case. Take care, Jason
Even though it shows IOE, check the bottom of the same receipt. It will list the the actual office which is handling your case.
Thank you so much, I checked the bottom of the receipt and I see the actual office address, and mine is Nebraska Service center. Thx
Hi Jason
I read your article about expediting EAD for healthcare workers and have a question: can healthcare workers expedite other applications like the I-485? Being a healthcare worker who worked and still work uninterruptedly during the pandemic helps expedite the green card application? My I-485 is pending for almost 20 months…
Thanks
Anyone can try to expedite for any reason (I wrote about this on January 29, 2020) and so the short answer is that you can try. The rules about EADs do not apply for I-485 cases, but nothing stops you from trying, and I have heard about one example where USCIS agreed to expedite an I-485 on that basis. Take care, Jason
Hi Jason and others,
I did submit an expedite request both for myself and my wife I-131. Her expedite get approved and mine rejected. Now, I would like to resubmit my expedite. Is there any time-wise restriction with submission of expedite? How many expedite can I submit per month? Thanks
There is nothing that stops you from trying again. I would not submit the same request, though. If you have new evidence or a different reason to expedite, I would try that. Otherwise, if USCIS receives the same request that previously rejected, I highly doubt they would give it different consideration. Good luck, Jason
From what I learned firsthand regarding one of my friend’s I765 case, USCIS doesn’t allow another expedite request after rejecting the first one until 30 days have passed for the same receipt number.
That may be, but I have not seen a USCIS announcement about it (though given how frequently they make announcements, I could easily have missed it). Nothing stops a person from making an additional request, though. USCIS could reject it as redundant or filed too soon after a prior request, but I think if there is a new reason to try, a person can try. I have heard that people who called USCIS have been threatened with delay if they continued to try to expedite, but I do not know of a case where that actually occurred. Take care, Jason
Hi Jason,
Just received a notice of approval for my sister
Asylum applied: Nov 2018
Interview: December 2018
Approval: January 2022
Keep faith, don’t lose hope guys !
Congratulations! There are post from May 16, 2018 and December 15, 2021 that might be of interest for her. Take care, Jason
Congrats to your sister Shamsa, Are you from Pakistan? 3 years wait after the interview seems excessive…
Dear Jason,
Thank you for your help.
I received a return notice from USCIS along with my application package for EAD stating that the payment amount is incorrect.
Please note that my eligibility category is C08. I sent in one check the payment in amount of 495,00$ for the I-765 and biometric, and it is obviously incorrect.
Could you please advise how should I fill out properly the check.
Thank you in advance,
The rules are changing and according to the I-765 page at http://www.uscis.gov, c-8 applicants do not pay the biometric fee. This means the correct fee should be $410. Take care, Jason
Sorry did you send them a check for Fourty Nine Thousand and Five Hundred Dollars…..just remove the zeroes or add a decimal instead of the comma…..not sure if that is the issue
Or just get a prepaid cashier’s check from your bank which I always do so that I don’t have to fill out any fields….
If so, I hope Bonny becomes my client…
@jason 😀
Dear Jason,
i really appreciate if you can give me your suggestion regarding my concerns.
im an aslyee and i have not received my green card yet.
my fiance she just moved to canada as refugee and she does not hold her PR yet. if she happen to visit US, can she stay with me with my asylee status can i apply for her work permit ? canadian PR holder can get 10 years USA visa, and i want her to be with me in virginia. what is your suggestion given the current Green card backlog and and im positive that my green may take a while ….
thank you so much
Unless you were married at the time you won asylum, you cannot petition for her until you have a GC, and so she would need to find some way on her own to stay here legally until you can file for her. Alternatively, she can probably travel back and forth until the time comes for you to petition for her. Take care, Jason
Hello Jason,
What are the most common request for evidence you get from USCIS regarding an adjusted status based on Asylum. I didn’t get the letter yet and I’m a bit nervous. Is this bad news?
Hi Jason,
Can you briefly describe if asylum seekers can apply for U-visa? Is there a law under which you can apply for immigration benefit if you have been assaulted while living in the United States? I wonder if that is U-visa.
Anyone physically present in the US can apply for a U visa if they are eligible. I do not do such cases, but you do not need to be “in status” to qualify for a U visa. If you think you are eligible, talk to a lawyer (many non-profits do U visas – I did a post with a state-by-state list of non-profits on September 22, 2016). Take care, Jason
Hi Jason,
Can you apply for the U-visa if you have been domestically assaulted while you are on pending asylum? Can you write a little more as to how easy or hard it is to get it?
Thank you!
Maybe – you might also qualify for an immigration benefit under VAWA (the Violence Against Women Act, which can apply to men also). Talk to a lawyer to see whether you are eligible. Take care, Jason
The most common is the medical exam, which we usually do not send with the initial application. Otherwise, you just need to wait to see what they want. Usually such requests are not such a big deal (for example, sometimes they want a birth certificate or other identity document, or an explanation why such a document is not available). Take care, Jason
Hey Jason,
I email my asylum office today to follow up on my expedite request which I mailed by usps. I got automated response that standby list was closed one year ago, and new requests won’t be processed. Do you think I should wait or to file a writ of mandamus? Thanks
Which asylum office, Was this an expedite request for interview, How long have you been waiting???
@KEN
LA office, for interview. Have been waiting for 6 years. But conditions in the cop are changing drastically to the worst.
@SW
Thanks….
My case was pending in LA office from JAN-2016 to DEC-2020, Now it has been pending in SF Asylum office for 1 year…Overall I have been waiting for my interview for 6 years and 2 months now….
Just curious if you are from a muslim country and if that is a factor for delay in interview scheduling…
@KEN
I’m not from a Muslim country, but I heard that each officer specializes in specific region. It’s takes longer to get the interview for old cases because LIFO is in place.
I really think that pre-interview delays do not depend on the country. Post-interview delays seem to generally be longer for people (especially men) from Muslim countries. Countries with the longest post-interview delay that I have seen seem to be Syria, Afghanistan, and Iraq. Take care, Jason
That is response is not consistent with what I have heard – as far as I know, all asylum offices have a process to expedite if there is an emergency. Maybe they did not understand your question – you might try again and make it clear that it is an expedite request. But if they are refusing to expedite (for whatever reason), you can try a mandamus. Take care, Jason
Thank you Jason.
It was just an automated reply, since my email for sent in the end of the day on Friday. So I hope to hear from the real person next week. Or will keep emailing them until they reply.
Hi Jason,
Thank you for your continued effort to help the Asylum applicant community. Have you received any recent decision for an affirmative asylum case? How quick it might be in these days? I had my second interview 3 months ago and have not heard anything yet.
It is very unpredictable – we’ve probably had a couple grants in the last month or so, but I could not tell you when the interviews were – probably within the last 6 months. We did get one fast approval last November (I remember because getting a fast approval is so rare). That person was from Afghanistan (and such cases usually take many months), and the case was approved one or two days after the interview. However, it took them a couple weeks to mail the decision, and so we did not know about the approval until maybe 3 weeks after the interview. Take care, Jason
Good day Jason,
Thank you for all you answers always.
Recently I submitted an I-765 -EAD (C08) application for the first time.
However they sent me a receipt notification and sent another letter including my money order of $85.
The letter sates: Recently you submitted application for immigration benefits. That form was submitted with an extra remittance that is not required to process your application. Your payment is being returned to you with this notice. No additional action by you is required at this time.
What should I do? Does that mean they will continue processing my application?
I think you are fine. If I remember correctly, you do not need to pay the $85 if you are a member of ASAP or Casa de Maryland, and also a recent court case changed the rules, and so maybe the returned fee is related to one of those things. You can use the $85 and treat yourself to a nice dinner. Take care, Jason
Do you mind me asking, did you have two separate money orders or just one?
Hi, do you mind me asking did you mail them two separate money orders or one for 495 and they had returned you the 85? And how long did it take for their return mail get to you?
In the past, we sent one combined fee where that was required, but given that the rules are changing (again), you might want to send two separate checks, as that will make it easier in case the full $495 is not required. Also, if you are a member of ASAP or Casa de Maryland, you should be able to pay $410 – I wrote about those groups with links on September 23, 2020. Take care, Jason
Hello Jason,
Thanks so much for all you do.I am an Asylum seeker and applied for a renewal of my EAD about 9 months ago and got a rceipt just 2 days afterwards.I have not heard from USCIS till this day.My employer just sent me an email that I will lose my job if I do not get a new EAD in 2 months. Please what do you think I should do? Is it okay for me to create a company and offer my services as a consultant? Is it legal for me as an Asylum seeker to create a company and do contracts even without an EAD or legal status? I am so worried and it is affecting my mental health. Thanks so much for your help.
This is happening to many people, unfortunately, but probably you will get your EAD, as most people get it within about 10 months. If you are in the healthcare field, you can expedite on that basis (I wrote about this on January 19, 2022). You can also try to expedite for non-healthcare workers – I wrote about that on January 29, 2020, but given that everyone is facing delays, that may not help. Anyway, you can try. In terms of forming a consulting company, maybe you can do that. I am not certain about the legality and how that would work, but presumably the company can make money; you would just have to be careful paying yourself. To that end, you might need a lawyer to help with the structure of the company to avoid any legal pitfalls. Take care, Jason
Do you mind me asking? did you have two separate money orders or just one? And how long did it take for them to get back to you?
Hi,
I am an asylee soon to apply for my I-485. If I file my I-485 based on my asylee status, but I later on marry a US citizen can I get my passport based on my marriage for 3 yrs instead of 5 years wait with an asylee status.
Thank you Jason
You can only do the three-year thing if you get your GC based on the marriage. If you get a GC based on asylum, it is supposed to be back-dated one year, and so you should (hopefully) be able to file for citizenship 4 years after you receive the card (assuming the card is back-dated – you have to check the card once you get it). Also, you can mail the N-400 form 90 days early, so really, you should only have to wait 3 years and 9 months after you get the GC. Take care, Jason
Hello Jeson,
I have been waiting for interview since march 2015. I feel frustration. I have F status along with pending asylum. If I married with someone who has GC, can i adjust my status? What is the chance of approval even if I used asylum EAD card to work for a period of time in 2016?
Thanks
If you are still in lawful F-1 status, you should be able to do that. I do not think that working with an EAD causes your F-1 status to end, but I am not 100% certain about that. I would have a lawyer try to research that question before you file for a GC (and pay all the fees). I wrote about getting a GC this way in a post from August 28, 2018 (the post does not completely apply to you, but it may give you some ideas). Also, once your spouse becomes a US citizen, then you should be eligible to get a GC even if USCIS determines that you are out of F-1 status due to the fact that you worked. Anyway, I think you need to talk to a lawyer to look at the specifics of your situation before you proceed. Take care, Jason
Hi Jason,
The citizenship of my wife is not possible till next five years. My only option beside asylum is to apply while i have active i20. How can I contact your office to discuss about the case? Do you know the probability to win such a case?
Thanks
You can email me for a consultation if you want: JDzubow@DzubowLaw.com. I cannot predict the probability of the outcome here – maybe once I review the case. Take care, Jason
Hi Jason,
My EAD renewal application was sent for renewal and days between receipt date and my EAD expiration date are 182 days. Will this affect renewal process? Checks were cashed on 4th day after receipt date.
I am not sure I understand the question, but if they cashed the checks, they should be processing the case. If you did not file to renew before the old EAD expired, you may not get the automatic 180 day extension. Take care, Jason
Thanks for your reply. My EAD expires in August 2022 and my application was sent 182 days early from expiry date on EAD. I hope this doesn’t affect my EAD renewal application.
It is best to not do that, as they could reject it, but it was pretty close to 180 days, so hopefully, they will accept it. Take care, Jason
Okay one more question, I had filled $410 + $85 for my renewal plus biometrics fee. And seems like the website just says $410 now. Does that mean my application will be returned because the amount is incorrect?
Hopefully not – the rules are in the process of changing. I have heard about applications being rejected for this reason, but I have also seen examples where USCIS returned the unneeded portion of the fees (at least where the person sent two checks – one for $410 and the other for $85). Take care, Jason
General EAD renewal related question:
In 2020 when i renewed my EAD it took them 3 days to cash my check and now it has been almost a week and my money hasn’t been cashed yet. With all the delays i want to make sure that they have actually received the application in order to prevent delays.
My question is, people who have filed recently, how long did it take for you to get your checks cashed?
Thanks
I do not know, but EAD renewals are very slow. I would expect they would cash it relatively soon – hopefully within the next week. Take care, Jason
What your article shows is horrendous and it reads to me that DHS/ICE officers know about their consequences…
So I want to ask a pertinent question. Over the years, has the threshold of persecution been rising ? iirc, mere imprisonment/confinement/short term starvation is no longer considered as persecution. Should future asylum seekers worry that, in order to qualify for asylum based on persecution, they have to suffer more harm than their predecessors ?
And I feel like I believe that the PSG “former asylum seekers deported” is unlikely to be an successful asylum claim. So, if these Cameroon nationals manage to get back to U.S. soil, and apply for asylum based on this, I feel that they are more likely to lose their asylum bid…
And I also am curious, are the asylum source countries simply getting worse ever ? The U.S. asylum policy has ups and downs. But from your blog and many other sources, it seems that the countries which produce asylum seekers have never improved and most go worse…what happened ?
I do not think the bar of what constitutes persecution has gotten higher. I do think that there are many inconsistent decisions from different courts about what types of harm qualify as persecution. I wrote about that issue on August 18, 2015. Also, if the asylum seekers mentioned in the HRW report return to the US, they can claim persecution based on imputed political opinion, and so I do not think a PSG is needed (though perhaps the one you propose could be cognizable). As for source countries, it does seem that the world is worse now than maybe after the end of the Cold War, but that is difficult to know. Take care, Jason
Sigh…it’s such a horrible world 😣
Hi Jason. I am a political leader working for freedom of my province occupied by a country. I got Asylum here and my all Family joined me on form i730. Now only my elder son who was +21 is in my Home country. Due to my political activities he is getting life threats by government and his life is in Danger. i applied for my GC but still in pending since 2 & half years.. So how i can save his life to bring here? I am in Tension. Kindly guide me. Regards.
Until you get the GC (or his mother gets a GC), you cannot petition for him. Even when you have the GC, the wait time for children over 21 is very long (maybe 8 years – you can Google “DOS visa bulletin” to see this). The better bet is to try to get him a student visa or a work visa. However, it may be difficult for him to get certain types of visas due to your asylum case (such as the B or F). Other types of visas (H1b or L) are not affected by this. I suppose you could also looked into humanitarian parole. I do not think it would work, but maybe it is possible – be careful about that, though, as you do not want a lawyer who over-promises what he can deliver and then you spend your money for nothing. Also, of course, he can go to a third country and stay there until he is able to come here, either through your petition or some other way. Good luck, Jason
Through your words and analysis. I sense the feeling of choicelessness of an average asylum seeker. Do most asylum seekers unfortunately fall into this group ?
In practical terms, few asylum seekers have realistic options besides asylum. The problem is, some do, and it may be difficult to know. In order to find out, they often have to spend a lot of money for a lawyer or an application that will likely not work. That is why when people are trying to get status in some uncommon way, they should start with a consultation with a reputable lawyer, and have the lawyer write down–step by step–how the person where get from where they are today, to having a GC in their hand, including whether they have to leave the US and how that will be safely accomplished. At least if it is in writing, that offers some protection that the lawyer will not rip off the person, and it hopefully gives the person a clear idea of how things will work (or not) and the risks involved. Take care, Jason
Hi Jason, Nowadays I heard a lot of people lose their job because of the delay in renewing EAD (based on pending asylum). Most of them not only lose their job but also failed to pay their mortgage and debt. My question is: Can they file a lawsuite againest USCIS for the financial and moral loss? If yes, what kind of laweyer they should talked to (immigration or bussiness laweyer)?
I do not think that would work, but I suppose anyone can sue a person (or an agency) for any reason, so nothing stops you from trying. I do think that the government has immunity from such suits. However, there is a current lawsuit related to the delays (not to collect damages for lost jobs or houses, though), and the idea is that it will force USCIS to process cases faster. Take care, Jason
Does anyone know how to apply for expedite RTD request by myself ?
My lawyer submit one request 3 months ago but still no response not sure if he applied or not.
I applied in Nebraska Service Center in Jun last year still nothing.
I did a post on January 29, 2020 with some ideas, but to expedite a travel document, the best bet is to call them and have evidence ready about the reason you need to expedite. Good luck, Jason
Thanks so much Jason. I am from Cameroon. I applied for Asylum in 2019.I know it’s too early to expect an interview. It hurts and affects my mental health. What is more painful is that my work authorization has expired and pending renewal for more than 9 months now.My headache keeps going up. This report brought tears to my eyes. I don’t even know what to say or do.I am almost giving up. Please do you know what I can do or who can listen to me?thanks so much for your help
It is certainly possible to win an asylum case from Cameroon, but you need to prepare the case properly and present evidence. Also, at least in the DC area, there were several well-known attorney involved in fraud cases from Cameroon (this was in the early 2000s), and so it is particularly important to have a reputable attorney; not someone who may be untrustworthy. If the case is well-prepared and if you are fearful of return, you should have a good chance for success, as country conditions in Cameroon are quite bad. Also, if you want to try to expedite the case, you can try – I wrote about that on March 30, 2017. Take care, Jason
Hello Jason,
My friend who got his GC through the asylum applied for citizenship last year and he interviewed last month. Yesterday the uscis sent the letter and denied his application due to the lack of good moral character which explained that he gave false information in his record under oath and was the reason for deny. Does he eligible for apply again? And when should he re apply for naturalization?
Thanks
Could it be a innocent mistake ?
USCIS seems to do this – it is often based on the fact that the person had an intention to seek asylum when he came to the US, but in the form I-485, he checked the box that he did not misrepresent anything to get an immigration benefit (in USCIS’s mind, he misrepresented his intention when he came to the US, since he came on a non-immigrant visa but intended to seek asylum). In short, this is idiotic and very unfair. Supposedly USCIS is becoming more friendly towards immigrants, but you can’t tell that from decisions such as these. In any event, I do not know why your friend was denied, but he should talk to a lawyer, determine the problem, and then determine whether he is eligible to re-apply. If the problem is related to his “misrepresentation,” I think he can probably re-apply now and provide a more detailed explanation about what happened (and of course, if this is the case, USCIS could have tried to clarify the situation instead of just denying the case). Take care, Jason
Jason, what if the person puts that s/he intended to apply for asylum on the N-400 application but did not mention that on the I-485 application? Would they still deny the N-400 application.
Maybe, but I would include an explanation for the error on the I-485 and hope that works. I have done exactly that for people in the past (not the very recent past, but maybe a few years ago) and it worked just fine. I have sense that some officers are more forgiving than others on these types of issues. Take care, Jason
Hi jason,
In the letter of deny the uscis states that when you applied for re entry permit the reason you provide to get the permit is not same as the reason you said during the interview. The fact that when he applied for the re entry permit he wanted to something related to his study, but when he was out of USA he faced some family issue and he could not return to the us for a year. The officer asked him about the reason that he could not return for a year and he provided the officer with the reasons and documents related to the family issues,but the officer denied the case and sent him the letter of deny. The officer stated the reason for the deny is based on “ have given false testimony under the oath to obtain immigration benefit”. With this explanation can he re apply for naturalization now?
Thanks
I don’t think I fully understand, but it does sound like there is some evidence to support a conclusion that he made a misrepresentation, and this means the case may be tricky (and may require a waiver). I think he needs to talk to a lawyer to look at the specifics and see the best way to approach the matter, but there is no reason to wait – he can start that process and apply again at any time. Take care, Jason
Hi Jason,
My asylum recently got approved. I am planning on filing for my children who are outside US. When I filed for my i589 my eldest son was 17 years old now he is 22 years old. Can I still bring him based on initial filing? His information was given when I filed my i589. But now he is 22. I am wondering if I can still do petition for him on i730?
As long as he was under 21 when you filed and he remains unmarried, you can file for him and he can come to the US. It does not matter that he is over 21. Take care, Jason
Hi, please do you know if it’s necessary for those that are filing for EAD renewal after 2/7/22 ruling to pay for biometrics? I learnt USCIS is now rejecting applications containing $495 instead of $410. Please confirm
I do not know, but a court case is changing the rules for EADs. I do not know whether those changes have yet been implemented. But the easy answer is to join ASAP or Casa de Maryland (you can find info about those organizations and links in a post I did on September 23, 2020; it is free to join ASAP, but I am not sure about Casa). If you send proof of membership, you do not need to include the biometric fee. Take care, Jason
Jason :
Is it possible for you a write down a bit of procedure about” Writ of Mandamus” If one could try at least to file himself/herself in Federal court against USCIS because its too much expensive. I do have my attorney but I wouldn’t be able ti afford it.So I am thinking If I get a bit of clue about the procedure, I will go against USCIS.
THANKS
I do not do such cases, and so I cannot write about that. We did a post about it on October 2, 2018, but that does not give details of the procedure. For that, you would need to find a website that offers such guidance. My impression is that it is not that difficult, and you just need to find an example motion on line, and make sure you file it in the correct court. Take care, Jason
Hi, I am applying for Re-Entry permit, I am Greencard holder through asylum, I want to see processing time, but when you go to https://egov.uscis.gov/processing-times/, it only shows time for RTD and Advanced Parol, where do I see processing time for Re – Entry Permit? Do anybody have idea how long it takes? Is this same as Travel Document ? And do you know which processing center would be faster?
I have not done one in a while and I do not know the processing time. However, a former asylee is better off with the RTD, since it can be used like a passport and it is better not to use your passport. The RTD is only valid for a year, as opposed the the Re-entry permit, which can be valid for 2 years (but it depend on the circumstances and may only be issued for one year). For my former asylee clients, I recommend they use the RTD, as that is safer than using their passport, if they have the option. Take care, Jason
Jason & Other People,
When you create an inquiry with the USCIS ombudsman for EAD expedite. How long after creating the inquiry does the ombudsman’s office get back to you.
They seem to only get back to me after the issue is resolved. I had an I-730 that took almost 3 years. The person got their status a few weeks ago and the Ombudsman emailed me earlier this week. I think I made the inquiry in August 2021. Whether or not the Ombudsman had anything to do with the case being resolved, I do not know. I get the sense that they did not. Take care, Jason
Very disappointing ☹️ But this is the fact and anyone of us can be victim of this. Thanks for sharing Jason.
Ikr, sometimes it’s better just to give up this one and hoping for a nirvana. The way I see it, life is a roulette, you deal with the deck life assigns to you. If a person was born in a bad country, they should endure the suffering instead of trying to defy God’s will. Because if God wants you to have a good life, they will assign you to the U.S. If you are assigned to some other country, you are meant to be there. Defiance of God’s will is bad, I think. And I feel there will be consequence when you enter your next life time. Maybe you will still be born in a bad country…and still have to seek asylum. Vicious cycle. I feel that if you were unfortunately born in a bad country. If you paid your dues and endured all the suffering, God will be kind enough to compensate you to have you assigned in the U.S. Wouldn’t that be a better way ?
My 2 cents
I did a post on April 8, 2020 that is on point to this comment. Take care, Jason