Due to the pandemic, many Immigration Court hearings now take place via WebEx, which is similar to Zoom. There are certainly disadvantages to presenting an asylum case by video. It’s more difficult to relate to the Immigration Judge (“IJ”), for instance. And it’s not easy to submit additional evidence at the last minute. On the other hand, in the words of John Adams, “Every problem is an opportunity in disguise!” In our case, WebEx presents some interesting new opportunities.
Having now done a couple WebEx hearings, I have been thinking of how to use the new service to my clients’ advantage. Below are some ideas that I have yet to implement, but which could assure victory, even in the most difficult case. If we try any of these strategies in my office, I’ll be sure to let you know how things turn out…
The Old Fire Alarm Trick: This one is a classic. It’s normally used by high school students who want to get out of an exam. Just before the test, pull the fire alarm. The school is evacuated, and voila! The test is postponed. For our purposes, let’s say a court hearing is going badly. Maybe the cross examination is brutal and the respondent is falling apart. Go to YouTube and search for “fire alarms.” Then, turn up the volume and play the alarm. To make this seem more realistic, you should try to look surprised and fearful. You can then inform the IJ that there is a fire emergency and you have to evacuate the building. This should result in your hearing being postponed, maybe for years. If you want this trick to be extra effective, light a match and hold the flame up to your computer’s camera. This will make it seem as though you are in the midst of an inferno, and you can run screaming from the room (don’t forget to shut your computer as you leave). All this should be a very effective way to get out of a hearing that you expect to lose.
The Hopeless Respondent: Let’s be real–not all respondents (non-citizens in Immigration Court) are good witnesses. Some get nervous and can’t testify properly. Others have bad memories and can’t keep their story straight. Still others are just not that bright. What to do about a respondent who is incapable of presenting her story? In the days of in-person hearings, you were pretty-much out of luck–the shlemiel of a respondent had to testify in front of the IJ and the DHS attorney, and probably lose the case. But in the age of WebEx, there is a solution. You can easily substitute one person for another without anyone noticing. So if you don’t have faith that a particular respondent will make a good witness, find someone else who will. I would at least try to match the race and gender of the substitute, but if the two people don’t look much alike, slap a mask on your witness and you’ll be good to go. Of course, you better make sure your sub knows the story and can present the case in a realistic way. Luckily, due to the pandemic, many Broadway actors are looking for work, and so you can have your pick from a deep bench of well-qualified thespians, all of whom can present the case in a dramatic and properly-enunciated manner.
Cue Cards: Even the best respondent sometimes gets nervous. After all, there is a lot riding on the Individual Hearing. Also, for most cases, there are many facts and dates to remember, and if you make mistakes, it could result in the IJ finding that you are not credible (i.e., not telling the truth). For in-person hearings, there was little an attorney could do to assist a forgetful respondent. At most, you could mouth the answer or gesticulate wildly to give your client a clue, but you had to be careful that no one was watching. Now, with WebEx, it’s easy enough to have a friend stand behind the camera to give the respondent some directions. The easiest way to do this is with cue cards–if it works for late night TV hosts, it can work for respondents.
Subliminal Messages: Back in the Golden Age of cinema, filmmakers would insert subliminal messages into their movies. For example, they could flash a photo showing a box of popcorn. The image appeared and vanished so quickly that the audience would not notice, but subliminally, it would make them feel hungry and send them scurrying off to the concession stand. The same principle can be applied to WebEx hearings. Does the respondent seem untrustworthy? Flash the word “credible” for a millisecond, and the IJ will find her more believable. Is the respondent unsympathetic? Try flashing a photo of a puppy. Or maybe a smiling baby. You get the idea. Subliminal messaging is a powerful new tool that can turn a losing case into a winner.
Color Filters: For the entirety of its history, the U.S. immigration system has been beset by overt and subtle racial biases. These range from the Chinese Exclusion Act (1881) and various country quotas (pre-1965) to the disparate treatment of Haitian migrants (present day). In the time before WebEx, there was not much that an individual respondent could do to mitigate these effects. Now, however, with a little fancy camera work, a respondent can lighten things up, as it were. I suppose you can’t be too obvious–if you’re from Rwanda, for instance, don’t go full Norwegian. But perhaps a nice Mediterranean tone would improve your odds. WebEx plus a decent color filter can make that happen.
These days, the Immigration Court system is a mess and due process of law is in short supply. Maybe some of the above ideas–and a dash of Speilbergian magic on WebEx–can help respondents get the protection they need.
Hi . It has been almost ten years since we were admitted to a hospital in Pennsylvania for the treatment of our two children and we came to America to treat our children. After three or four years, we applied for social asylum. It has been six years now that our case is still pending and there is still no answer to We didn’t give, we have two children with brain problems, they don’t even have social security, and we had a very difficult life in these years and we are. Please give an answer to this helpless mother. We don’t even have the fees for a lawyer and we are in a very bad financial situation. Please give me an answer.
If you have applied for asylum and your children are dependents on the case, they can apply for work permits (form I-765, available at http://www.uscis.gov) and also get their SS cards. You might also reach out to a non-profit for help – I did a post with a list of non-profits by state on September 22, 2016. Maybe you want to contact one of those for help. I also did posts about expediting asylum cases on March 23, 2022 and March 30, 2017. Maybe those would help. Take care, Jason
Jason, if I work after 180 days after my EAD expired. How that can affect my case? My case is in MCH process. It is very much necessary for me to make money , everyone is experiencing high expenses and for me if I will stop working, my family will face too much hardship. I don’t want to stop working for my family and myself. It is almost 3 AM and I am thinking that I escaped from my country to seek asylum in the USA but I am still in pursuit of asylum from inside. Something is still fearful somewhere in my thoughts.
If you are seeking asylum, working without permission generally does not affect that case. I suppose it would be a negative discretionary factor (if a person qualifies for asylum, the judge then gets to decide if the person gets asylum as a matter of discretion – a “good” person gets asylum and a “bad” person might be denied). However, that would almost never been enough to cause a judge to deny asylum – I have never even heard about a judge considering unlawful employment as a major factor in an asylum case. In short, I think you should not worry about it, since it is so unlikely to have any effect. Also, you have no choice because you have to help your family (which is a positive discretionary factor). Finally, I think that if you are asked about this (which is very unlikely), you can explain that all EAD renewals have been very delayed and that many people were in your situation, and that you did the best you could. So overall, I think there is no reason to worry about how the employment will affect your asylum case. Take care, Jason
Jason, felt such a relief and thanks for great advise. You true are an angel helping us without asking for anything in return. I really appreciate and wish you all the best. God bless.
Hi, Ron.
I am sorry you are going through this.
Have you considered relinquish your asylum application and return to your country of origin ?
I am interested in your mindset atm as I am doing some research about individual experience during the asylum proceedings.
So my question is, since you are already in front of immigration court. The odds are against you by default. I don’t have the data at hand but I believe that asylum cases before immigration court is more likely than not to be denied nationwide. According to the blog, I believe I learned that this BIA is … hostile and you are also unlikely to win there…and for the judicial review…those are public and available online. Despite the counsel’s effort, (and make no mistake, I believe the counsels generally do a good job), the record I see is that more asylum cases before federal courts are denied than remanded or approved…
So, faced with all these unfavoring odds, what makes u decide to continue ? to march forward ? Despite the obstacles like renewal EAD…why not go back to the country of origin where … I believe, you don’t need an EAD to work ? Feel free to share anything :). I think it takes a lot of courage and grit to seek asylum. And for that I applaud you.
Hello Jason,
My GC application has been pending in National Benefits Center from December. Compared to Nebraska Center, do you have any idea which center process the cases faster? Should NBC have also their own schedule to process cases accordingly? Thank you!
I do not know, but everything is slow. And yes, the NBC does seem to have a lot of cases, so USCIS should post the processing times or let us know if they are on the same time line as one of the Service Centers. Unfortunately, USCIS does not provide that info. Take care, Jason
I applied for RTD in may 2021 and since that when i check status it was we applied fingerprints in June 2021. I just checked and it says since February 28 2022 we applied fingerprints for your documents does anyone know what that means?
I think it has no meaning, except that they are (hopefully) processing the case. Lately, we have been seeing these cases take about 10 or 11 months, so hopefully, you will get some news soon. Take care, Jason
Hello Jason. I read on the social media that USCIS is going to hire 200 asylum officer to deal with asylum backlog. I know it will take a while to have all of them in the system. Do you believe it will work out for asylum office to address all backlog cases?
They have announced that they are hiring more officers – I can’t remember all the numbers, but I think that is about right. They have been hiring officers since 2013 and have increased from 300-some then to over 700 now. You would think that the additional officers would make more of an impact. Maybe part of the issue is limitations from the pandemic, and also the continuing number of cases at the border, but despite all the officers, we are still not seeing a lot of progress. For this reason, I really do not know whether additional officers will make a big difference, but we shall see. Take care, Jason
Hiring more officers would not change a lot from my perspective. They have got to think of sustainable solutions in a smart way. The best approach would be to ask for professional help from a successful private organization working on human services. I am sure they will receive hundreds of different recommendations. My humble thought changing in the procedure of asylum seekers from the bottom, When individuals are applying for asylum as offer optional pathways, do you want asylee status only, do you want asylee status+green card only, or do you want asylee+green card+citizenship path? If I select the last one (ask me all fees upfront) produce an EAD card for three years, try to finalize my asylum decision at most 2 years, once I complete 3 years with EAD switch my status from asylee to permanent resident, once I complete 3 year 9 month start citizenship procedure everything should be done in 7 years at most. They will able to combine altogether and save 3-4 individual i-765, I485 and N400 and starting over everything (finger print, security check etc.) and all other unknown procedures that we do not know at all.
If there is a concern about security, say if something happens ( a criminal activity or affiliation with an illegal group) after your application, you will get deported.
Meanwhile they should allow premium processing for asylee, I do not understand why it is limited for some group. If I can afford to pay couple thousand more and hire an individual agent for a month for my file I could be able to do it and it would help USCIS too.
I have argued in favor of premium processing for years. I once talked to the Asylum Division Director about it, and he basically felt it was not something they would consider, since it would not be appropriate for people to be able to pay more and get a humanitarian benefit faster. I disagree (I wrote about it on June 26, 2014, if you are interested). In my opinion, they should cut all the fat out of interviews and try to get them done in maybe 1 hour maximum. There is a lot that is unnecessary, and some that could be done by a secretary or could be done in advance online (for example, updating the I-589 form). I am not very optimistic that more officers will make much difference either, though you would think that it would. It just has not done so yet. Take care, Jason
“It would not be appropriate for people to be able to pay more and get a humanitarian benefit faster.” Soo everyone should suffer altogether forever… where is the solution then. I am not asking you Jason, my comments to the director.
Personally, I believe the biggest problem lies in the transparency and accountability of the organization. I am having serious doubt that not only our fees are being used ineffectively but also tax money is being wasted by poor decision making and not employing the appropriate technology.
Applied in 2016, still waiting for my green card and I do not know when if it comes less than a year. It’s been 6 years already and after I get my GC I will wait another 4 years. What is fair here, is this appropriate then? More than 10 years to say I am free…
I agree and I have pushed the idea of premium processing for asylum seekers (and others) for a long time (to no avail). It seems to me that putting more money in the system could help everyone, not just those who have paid for faster service. Of course, given what a disaster the system is these days, more money may not make any difference. Take care, Jason
Dear Jason,
Thank you for all you do for us.
Please this is urgent,I need to go meet my family in Dubai in April,as I have missed them for 6years now and waiting endlessly for interview,since I can’t go to my country. For 2years now,the circuit ride centre in El Paso is closed and nothing is been said about it,I also tried to move the application out of there they said it’s not possible,I need to see my 1 year old baby who’s now 7years old and keep asking questions all the time.
Kindly tell me what documents I would need to expedite this request asap.
I will appreciate also an idea from a concerned asylumist whose been there and done that, as I am crying writing this message.
Please treat urgent.
Thank you God bless you.
It is a really horrible situation. If your asylum case is pending at the asylum office, you can request Advance Parole to travel and return. I did a post about that on September 11, 2017. Also, you can ask to expedite that request – I wrote about expediting on January 29, 2020. If you want to try to expedite your asylum case, I wrote about that on March 30, 2017. Good luck, Jason
Hello Jason,
I have been your follower since I submitted my asylum application, sometimes I wrote here asking for different advises and I got answers promptly. Thank you so much sir. Two weeks ago, my application for asylum was granted.
I submitted application in Dec/2016
towards end of 2018 I acquired a lawyer, he asked to expedite my interview, got my first interview 03/2019 in Seattle. Decision was not made,
My wife joined me in 08/2019, I added her to my case. No decision yet from first interview. I kept on writing and calling SF until when I contacted my congress. SF told congress that I needed a second interview. I due to unresolved issues. I wrote to SF again asking to expedite that second interview in 2021 via email. I acquired my second interview 10/2021 we travelled to SF. 02/2022 Asylum granted. Through all this process, I used to write here and also read responses from your other followers.
Congratulations! It “only” took 5+ years, but that is great news. We did some posts on December 15, 2021 and May 16, 2018 that might be of use. Thank you for letting me know. Take care, Jason
Congrats Benji. I am waiting since 2014, interviewed in 2018 February. It has only been around 8 years while waiting, but it gives me hope when I listen to stories like yours.
Congrats Benji!
Thanks for posting this! I’m waiting for my interview since November 2015, also in the SF office. And it’s great to know that things are moving there, as I’m sometimes doubting if anything is going on there, and posts like yours give me some glimpse of the hope.
Hey Jason,
Hope everything is fine with you.
I had interviewed at the New York asylum office at end of December 2021.
It’s already more than 2 months since I had interviewed.
When I check online it says Decision is Pending, so my question about the time.
What do you think, when I can get my decision? Is it ok if I send an email and ask ?
I look forward to hearing from you, appreciate .
Jhampa
Unfortunately, decisions are coming slowly. However, there is no way to predict when the decision will be issued. You can email them to inquire about the case – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Jason , do you think this Ukraine crisis will cause more interview delays for people who were badly affected by the FIFO to LIFO change rule ie who applied before 2018 and still awaiting interview
Maybe, but we will have to see. I do think it is a bit pre-mature for Ukrainians to apply for asylum. They can, of course, but hopefully the government will offer TPS (Temporary Protected Status) so they can stay here legally and work, until we have a better sense of how Ukraine will look after the fighting ends. I am not optimistic that it will end well, but while things are in such flux, we cannot evaluate whether a person from there would be eligible for asylum (which is why we need TPS now, as that is the appropriate next step for Ukrainians in the US – I do expect USCIS will implement TPS soon). Take care, Jason
Hi Jason!
I am checking my interview status every day on USCIS site. When they send invitation to the interview, would they change something on their website? Like from “ The next step in your application is an in-person interview.
Once we have scheduled your interview, you will receive an interview notice.
If you move, within 10 days of moving you must update your mailing address, online or on paper, at http://www.uscis.gov/addresschange.” to something else? Or would they just send me a paper bag with invitation?
I think the website will indicate that the interview is scheduled, but you need to receive the letter from them to get the details about when it will be. Take care, Jason
Hi Jason,
I submitted the expedited renewal request for EAD under healthcare worker category and got the following response.
Is it positive and hopeful?
“We received your request for expedited processing, and we will accommodate that request. Your case is now under expedited review. We hope this information is helpful to you.”
Thanks
Syed
Hi Ali!
That’s great I think next step would be a change of status that your card is being produced.
Can you provide the timeline pls? I’m in the same situation. When did you expedite and when is your extension expiring?
Thanks!
Hi In Pursuit Of Asylum , Thanks
My EAD is expiring in March 30 days from today.
I followed the procedure and guidelines as Jason recommended to expedite invade you are working in health care industry directly or indirectly closely related to it.
Regards
Ali
Hi Jason,
I requested to expedite my EAD with USCIS and got the following response
“ We received your request for expedited processing, and we will accommodate that request. Your case is now under expedited review. We hope this information is helpful to you.”
Is this a positive response and should be hopeful.
Thanks
Ali
It sounds like they will expedite. I would give them maybe 10 days and if there is no news, you can try again to contact them. Take care, Jason
Thanks Jason! Thad helpful I followed your guidelines!
Hey Ali,
Can you please tell me which address you sent it to and did you return mail or something with the post office? Please, advise
Hi Desperate,
I applied in Nebraska office and got the renewal receipt by usps mail at my home.
I expedited through phone call on the USCIS number which was mentioned Jason’s post.
Regards
Ali
Can someone please provide the number for expediting EAD.
You just have to call the USCIS number: 800-375-5283. It is very difficult to reach a person, but once you do, you ask to expedite. I wrote about expediting EADs for healthcare workers in January 2022, and I wrote about expediting in general with USCIS on January 29, 2020. Take care, Jason
Dear Jason
How long u think it will take for the GC approval after applying through a granted asylum.
Second: should I renew my EAD if am a granted asylee? Thank You
It is going very slow lately – probably 2 or 2.5 years. Hopefully, that will get better, as it is way too long. In terms of the EAD, the first EAD after asylum is granted is free. If you received asylum at the asylum office, they should send that to you automatically. If you got asylum in court, you need to Google “post order instructions in immigration court” and follow those. Take care, Jason
Hi Jason,
I recently moved from one state to another but it’s still in my jurisdiction, but my lawyer said since I’m not in the state anymore I should find another lawyer in my new state. Do you think it will have an impact on my case of getting a new lawyer? I’m still waiting for my interview, do you think I can be scheduled sooner based on LIFO since I have changed the address?
I look forward to hearing from you.
Regards,
Terranova
Changing lawyers should have no effect. Also, moving to a new address does not have any effect on scheduling under LIFO. Take care, Jason
Should I apply for expedited interview under LIFO
Hi Jason,
I am an asylum seeker. I applied for asylum in December 2021 on political opinion and belonging to an endangered group .I had my fingerprints taken in January 2022. I have a lawyer who I paid to help me.I asked him if we can try to expedite the case but he says we wait.
Am currently living with relatives and my family is in hiding in my country.The situation is getting worse and we are also running out of money.
Should I call USCIS and try to get an interview under the LIFO rule or should I wait as my lawyer has advised.
He tells me that it can take upto 6 months or more. I left very young children when I ran from my country and it’s affecting them and me.
What would you advise?
Hi Jason,
I am an asylum seeker. I applied for asylum in December 2021 on political opinion .I had my fingerprints taken in January 2022. I have a lawyer who I paid to help me.I asked him if we can try to expedite the case but he says we wait.
Am currently living with relatives and my family is in hiding in my country.The situation is getting worse and we are also running out of money.
Should I call USCIS and try to get an interview under the LIFO rule or should I wait as my lawyer has advised.
He tells me that it can take upto 6 months or more. I left very young children when I ran from my country and it’s affecting them and me.
What would you advise?
I think it is too soon to try to expedite, as you might still get a “fast” interview under LIFO (last in, first out – I last wrote about this on September 29, 2021). However, if there is nothing in the next month or two, it means your case is in the backlog and no one can predict when the interview might be (though newer cases supposedly get priority over older cases, for some reason, and this works in your favor). If that happens, you can try to expedite – I wrote about that on March 30, 2017. Do not try to expedite without the cooperation of your lawyer, since you do not want the lawyer to be surprised (and unprepared) if you get an earlier interview date. Also, at the moment, it is very difficult to expedite due to coronavirus, and so maybe in a few months, the situation will be better and it will be a bit easier to expedite. Also, I see that you sent me an email, but I have responded here. If you need a consultation from me, please let me know. Take care, Jason
Hello Jason,
Thank you for creating such a wonderful website. My individual hearing was scheduled for August of last year, but it was cancelled a month ahead of time. I had a hard time persuading my lawyer to file a motion and set a date. He initially advised me to wait and that I would be given a new date in a few weeks. After a few months, he informed me that this is perfectly normal, as some of his colleagues have been waiting for client rescheduling for over a year. Then, after 7 months, when he was bringing a new wave of the corona as the reason, he said that the court was in a mess and I better wait for longer. When I insisted, he said that it’s strange that I haven’t received a court date in a long time because all of his other clients have received new court dates (contrary to what he said, some people have been waiting for more than a year), and that it could be due to my nationality, and that they might assign me a bad judge. I finally persuaded him to file the motion, arguing that if they want to assign me a bad judge for whatever reason, waiting won’t help. So, in late January, he filed a motion. I have two questions: first, is it true that the reason for all of this delay could be because of my nationality, and second, how long would it take for me to receive a new date after filing a motion? I don’t trust my lawyer honestly, but I can’t find another because he submitted my case and knows everything there is to know about my case and handing it over to another lawyer would be time consuming and ineffective. Thanks.
To be fair to your lawyer, the situation is very confusing and keeps changing. We are seeing cases cancelled at the last minute (most recently, my individual hearing for March 1 was canceled). Other cases are being randomly advanced, and we do not have enough time to properly prepare. In short, the Immigration Court system is a disaster, and they seem to care less about fairness or due process. As a person who previously worked for an Immigration Court, I am thoroughly disgusted by how things are operating – it is worse now than under Trump. So I can see why the lawyer is having trouble predicting how things will go. In terms of the motion, sometimes they respond quickly; other times, they do not respond at all. I would give them at least 60 days, and if there is no response, the lawyer can try to call the court and talk to the Judge’s clerk (it is often very difficult to actually reach these people). Also, in many cases, courts will not give an early date, as they do not have open time slots. Finally, as far as I can tell, cases are not delayed based on a person’s country of origin. We have seen some Afghan cases expedited after the Taliban took over, but otherwise, the country seems to have no effect. Take care, Jason
Hi Jason, do you have any idea what I can possibly do to get my EAD renewal? I have applied March 9th and I received the notice March 11th, I see from other comments that this has become very common. My EAD expired in August and yes I have that notice showing 6 months automatic extension. This will be my 4 the EAD renewal. It never happened before that I had to wait so long. I keep checking online and there is no updates at all this except saying application was received and notice was sent out. Thank you 🙏
Things are worse now than ever. If you are a healthcare worker (or can make the argument that you are involved in healthcare), there is a special process to try to expedite – I wrote about that last month. Otherwise, I wrote about expediting more generally on January 29, 2020. Unfortunately, since everyone is having the same problem, USCIS is essentially refusing to help (though you never know, and it may be worth trying). It is an utter disgrace – they are well aware of this problem, and yet have failed to act. Take care, Jason
As I wrote here before I still don’t have my newal for EAD RD Feb 10 2021 Potomac. Been on leave of absence since mid Nov. Tried expediting (healthcare, financial, outside processing time), Umbudsman and and nothing worked so far. Anybody have any insights on timeline? Any Jan/Feb fillers here?
That is insane. If you are a healthcare worker, you should be able to expedite that way – I did a post about it in January 2022. If you tried and it has not yet worked, you should call them again. Good luck, Jason
Hello jason
What is Matter of Orban? Can a former F1 holder who applied for asylum but have not interviewed adjust her status when married with GC holder?
Thanks
I am not familiar with the case to give an answer to that question. I think you would want an attorney to research the question before you spend money on applying for a GC. Alternatively, if the spouse is close to obtaining US citizenship, you could wait until that happens, as it is easier to get status through marriage to a citizen than a GC holder. Take care, Jason
Hi Jason.
Question: I have asylum pending, with SSN, EAD and everything. I recently got engaged to a US citizen. Wanted to know if it’s ok to change my last name for my fiancé’s when getting married or if this going to slow down the process? Thanks so much!
If you plan to get your status from asylum, you might want to wait for the name change, as the security background check is already a huge mess and a delay, and that might make it even worse. On the other hand, if you plan to get the GC based on marriage, changing your name should have no effect. Take care, Jason
Helen,
I do not know how long you have been waiting for the asylum interview but if you have a chance to get married and go from there that would be the best option.
For asylum, you will do your interview if you are lucky you will get your decision in 2-3 months then wait for another year to apply for green card. If you are lucky you will get your green card in 3 years. then will wait for another 4 years. you are looking for 8-10 years to get your citizenship
On the other hand, go make your marriage official receive your green card less than one year wait for 5 more that boom your citizenship in your hand maximum 6 years
Listen to me you will thank later
Hi there, I have asylum pending for interview… I recently got engaged to a US citizen and wanted to know if you recommend getting my last name changed. Will this slow the process? Is there a lot of paperwork? Thanks in advance.
Hi “Asylum pending” and “Helen Schwartz”,
I have a bit of an experience with the name change process so I will briefly comment here. First of all, changing your name legally is a local process, meaning that you will have to go to your local county court and find out the legal process. With that in mind, my county in Pennsylvania requires some sort of immigration status, and “asylum pending” is not considered as immigration status. I changed my name legally when I was granted asylum. So, from a PA standpoint, you would have to wait for becoming an “asylee” or acquiring some sort of immigration status and then you can change your name. When it comes to the bureaucracy and process of a legal name change, it takes about two months in PA, you would have to do some background checks and publish your name change in newspapers. This could require a lot of paperwork and a couple of visits to the county court. Once you obtain the name change order/decree, that’s when you will have to go to other government offices individually and submit an original name change order to obtain updated documents. For example, you will have to go to driver’s license office for updating your name. Also, remember that once you legally change your name, you are obligated to update your name in all government records (SSC, DL, etc). The same goes for updating your name on bank cards and other service documents. If you can wait it out until you have some sort of immigration status, I would recommend that otherwise find out your local country process for name change and go ahead with it, keeping this comment in mind.
If you plan to get your status from asylum, you might want to wait for the name change, as the security background check is already a huge mess and a delay, and that might make it even worse. On the other hand, if you plan to get the GC based on marriage, changing your name should have no effect. Take care, Jason
Dear Jason,
I have applied for EAD renewal (C08) and the application is still pending. My EAD is expired and I am currently on the 6 month extension period. I want to change my employer. How can I show the new employer that my EAD is still valid for 6 months? I have not received any extension letters from USCIS. I only got the receipt for my application.
Ready your notice again ” However, this notice of action automatically extends the validity of your Employment Authorization Document (EAD) for up to 180 days from the expiration date printed on the front of the card and can be used for employment eligibility verification(Form-I9)
Hello Gani,
Do you have any latest updates? your answer will be really appreciated, at least we will be happy that USCIS is processing asylum EAD’s if they approved your cases. you are the one who applied before us. Please reply, when you get a chance.
GANI
February 1, 2022
I know I am in same situation, I applied last year Jan 22 and still waiting, applied for case inquiry 2 times, nothing. My husbands extension will expire after 10 days, he applied after 1 month(feb 26 2021).
The receipt should indicate that your old card was extended for 180 days. There is also this webpage with more info: https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/automatic-employment-authorization-document-ead-extension. Take care, Jason
Emad, to be quite frank, you aren’t making sense. How are you on the 6-month extension but you did not receive the extension letter? Like Alteravailable said, read over your EAD renewal receipt!
Hello,
I am a green card holder through the asylum path. My mother is very sick and I want to visit her in my home country, approximately for about 3-4 weeks. For that, I would have to renew my home country passport and use it to travel back home. Do you think that renewing my passport and visiting my home country for a brief period is concerning when applying for naturalization, if so what kind of evidence would be helpful to gather in case USCIS objects to my original asylum claim? in your practice, have you seen any asylees when became residents have traveled to their home country and got in trouble later? Thank you!
Visiting the home country does create risks for you. Basically, you need to be able to explain why you returned and how you stayed safe. I did a post about that on January 6, 2016 with more info about this. Take care, Jason
Hi Jason!
I have a pending asylum, and I got myself an offer for a new job. It has the following question:
“Are you a:
• U.S. temporary resident or applicant for temporary residence, Refugee or Asylee? [Note: A “U.S.
temporary resident” is an individual who has applied for Amnesty under IRCA and does not include
persons who are present in the U.S. on visas (for example, H-1B or L-1 visas).]
[_] Yes [_] No
If your answer to this question is “Yes,” please provide your Resident, Refugee or Asylee #:
[_______________________]”
If I applied for Asylum but it’s still pending, then I am not an Asylee yet, and I should put “No”? Thank you
would you like to share which employer it is ?
I would put “no” for that question. However, there are many other categories of people who are eligible to work, and so hopefully there are other questions which make that clear. Take care, Jason
Hi Jason and everyone here,
Please share your timeline with ead, I’m still waiting for mine to be renewed, Nebraska, I’ve requested expedite myself(was denied), through congressman and ombudsman( still no reply). I don’t understand why usics can’t just give us 5 year valid eads, and if they are not replying to congressman and ombudsman in time, what is left for us?my driver license will expire in 2 weeks
Hi IRIN. My EAD renewal application has been pending since 3 months ago at Nebraska. Still too early to apply for expedite. May I ask how long have you been waiting?
Applied for EAD renewal on MAR-30 2021, 6 months before EAD expiration date of SEP23 2021, Extension will expire on MAR 23 2022 next month.
Submitted 2 expedite requests, 1 through congressman, Also asked 2 senators but senators are getting huge influx of uscis requests due to delays so they have not responded yet.
Also submitted 3 requests on white house portal but no response. USCIS responded to congressman saying expedite request is under review.
I sent uscis a threatening message through myuscis inbox telling them I would file lawsuit if they continue to ignore my expedite requests. They replied that my request was forwarded to Potomac service center.
I think the problem here are the service centers like potomac and nebraska…They are completely fucked up……There is no easy way to get a resolution. It seems like the delays are created with some intent and deliberation.
Anyways my extension expires in next 3 weeks, I will take some time off…..
I have AB60 drivers license valid until 2024 since I am in California so not worried about that but I still may be loose my job…Anyways I will see what happens….
Hey. May I ask, why is it still possible to not lose your job after extension expires ?
Can u keep working even without authorization ?
I will be put on suspend assignment without pay and benefits I think and will not be able to work, I have not confirmed with H.R yet but my employer may hold my position for few weeks before terminating me….
I still have to confirm with my boss and H.R if they will hold my position for me while I am put on suspend assignment…
A person with an asylum pending EAD (category c-8) is not permitted to work unless they have a valid EAD or the automatic extension. Why USCIS can’t extend the automatic extension for 1 year, I do not know. Instead, everyone is suffering. Take care, Jason
What an utter disgrace. Sadly, it is a common story. Take care, Jason
There is no point in worrying about anything……..Worrying will only decrease our lifespan……We have already been through so many horrible things…..
Matthew 6:25 from Gospel
25 “Therefore I tell you, do not worry about your life, what you will eat or drink; or about your body, what you will wear. Is not life more than food, and the body more than clothes? 26 Look at the birds of the air; they do not sow or reap or store away in barns, and yet your heavenly Father feeds them. Are you not much more valuable than they? 27 Can any one of you by worrying add a single hour to your life?
“Worry is the pain before the wound.”
Ken, the issue with your Bible verses is that (and I know I am probably taking your Bible verses too literally) they fail to realize that most human beings are biologically wired to worry- most animals are not! In terms of biological classification, humans and animals are taxonomically different. Likewise, human beings need food, water, shelter, etc. to SURVIVE! As well, animals don’t have to buy their food, water, clothes or shelter- so they don’t have to worry. A bird, for example, can freely fly from one continent to the next and enjoy the free, (un)limited food, water and shelter. Asylum seekers, or most human beings as matter of fact, don’t have that privilege. I agree that people shouldn’t needlessly worry. I also agree that people should seek help or the information they need to help them cope. But quoting verses from Matthew about animals, even if your intentions are good, is like rubbing salt into the wound.
Mine was 12th March 2021(Receipt notice) EAD expired last month, and lost my job too. Created one service request and the status showing still ” Service request not assigned”. Don’t know when they are going to review my case?
GOD DAMN these stupid ASSHOLES in USCIS…….Seriously GOD damn them…..Dumb M.Fs don’t even know how to adjudicate a simple EAD application in a span of 1 year…………Seriously these people working in USCIS are dumbest M.F’s alive on planet earth…..
It’s impossible that the USCIS would revert back to the old FIFO policy because it will encourage literally anyone who arrives at the US with a tourist visa to apply for asylum, legally work for 6+ years, and earn money in valuable US dollars. The LIFO proved to be effective because it reduced the number of asylum applications by 30% ever since it was enforced three years ago.
The US asylum system experienced the same scale of backlog in the early 1990s as the result of thousands of eastern Europeans applying for asylum. The INS decided to institute the LIFO system in 1994 to address the problem. It eventually worked and the backlog cleared after 10 years. The USCIS maintained the LIFO system for 20 years (until 2014) and once they switched back to FIFO, they faced a huge backlog again and they had to follow LIFO once again.
I just can’t imagine USCIS dropping LIFO any time soon because asylum will be subject of abuse for thousands of people who would apply based on frivolous claims.
That would be right…Asylum is already heavily abused…
Even if we accept this statement as true, LIFO does nothing to deter that abuse since so few new applicants actually get interviewed. And even if they do get interviewed and denied, it takes years for their court cases to get denied. Overall, this is just not a deterrence. Take care, Jason
Adam and Asylum Abuse, like shut up already!!!
The asylum is no more “abused” than any other immigration category. Furthermore, that is for the US government to determine. Not you!
What evidence, other than anecdotal accounts and a skewed understanding of asylum seekers’ intentions, you have to substantiate your claim about asylum seekers? As well, there is no evidence to support your claim that LIFO reduces the number of asylum seekers. And, no, the occasional “aberrational influxes” of asylum seekers- like the “thousands of eastern Europeans applying for asylum” in the 90s and the large number of people applying for asylum at the Mexico-United States border in 2021, for example- are as a result of push and pull factors. In addition, the reduction in the number of people applying for asylum can also be attributed to political hostility and climate. Thus, FIFO and LIFO on their own are no deterrent to asylum seekers. LIFO also does not identify frivolous, fraudulent, or non-meritorious asylum applications.
If anything, it is patently unfair and immoral as it subjects genuine asylum seekers to egregious treatments and psychological harm by the US government. It’s almost as if the government is holding the majority of the asylum applicants- most of whom are genuine/have genuine fears- for the actions of a few. It runs afoul of international refugee and asylum laws/recommendations! It is the US government’s responsibility to ensure that it has mechanisms in place to detect fraud and mete out appropriate consequence(s) for certain violations- not asylums seekers! Imagine of something similar were to be implemented for marriage-based petitions, for example?
Corrections for clarity:
“… The asylum system is no more…”
“And the occasional “aberrational influxes” of asylum seekers- like the “thousands of eastern Europeans applying for asylum” in the 90s and the large number of people applying for asylum at the Mexico-United States border in 2021, for example- are as a result of push and pull factors.”
The whole premise by LIFO is a fraud – they selectively plucked some data to support their thesis. Why the Biden Administration is resisting a change, I do not know (well, maybe I have an idea, but it is depressing). Take care, Jason
It’s impossible that the USCIS would revert back to the old FIFO policy because it will encourage literally anyone who arrives at the US with a tourist visa to apply for asylum, legally work for 6+ years, and earn money in valuable US dollars. The LIFO proved to be effective because it reduced the number of asylum applications by 30% ever since it was enforced three years ago.
The US asylum system experienced the same scale of backlog in the early 1990s as the result of thousands of eastern Europeans applying for asylum. The INS decided to institute the LIFO system in 1994 to address the problem. It eventually worked and the backlog cleared after 10 years. The USCIS maintained the LIFO system for 20 years (until 2014) and once they switched back to FIFO, they faced a huge backlog again and they had to follow LIFO once again.
I just can’t imagine USCIS dropping LIFO any time soon because asylum will be subject of abuse for thousands of people who would apply based on frivolous claims.
I think this is not correct. We just had a meeting today (online) with the Asylum Division and they indicated that receipts are up 60% from last year. LIFO has done nothing to reduce new cases. First, very few people get fast interviews, even under LIFO, so there is no deterrence. Second, when LIFO was implemented, the Trump Administration was also blocking lots of people from coming here (including the “Muslim ban”) and so that is a much better explanation of the reduction in filings. Third, the backlog from the 1980s and 1990s was due largely to civil wars in Central America, which ended in the 1990s and thus the flow of asylum seekers dropped. In short, USCIS has produced no reasonable evidence that LIFO works, and there is plenty of evidence that it is incredibly damaging. At a minimum, they need to devote some reasonable percentage of officers to deal with old cases, and that is what we have been lobbying for. However, my strong preference is a return to FIFO. Take care, Jason
That’s interesting statistics. I would imagine the receipts increase is probably due to the ebbing of the pandemic and a new administration. I mean the 60% :p.
May I ask how does FY 2021 compared to pre-pandemic or … pre-LIFO ?
We have to wait for them to release the numbers – this is what they told us orally. The point is that it stands in contrast to their claims about LIFO reducing the number of filings. Take care, Jason
Alright, thanks 🙂
Probably just their way of saying “sorry, you are not gonna see some progress for now because of this surge” lol
This is hilarious lolzz…