In the late 1990s, I was a law clerk in the Arlington, Virginia Immigration Court. My most memorable case involved a wealthy Russian businessman named Alex Konanykhin and his wife, Elena Gratcheva. Mr. Konanykhin made his fortune–around a quarter billion dollars–in the Wild West of post-Soviet Russia, but was then chased from his country by former KGB agents and criminals intent on stealing his money. The Individual Hearing that I attended took a full week, which is almost unheard of in Immigration Court. Mr. Konanykhin’s attorney was the legendary Michael Maggio, who I got to know a bit during the trial. My role was to sit in the courtroom and take notes. After the hearing, I helped the Immigration Judge write up the decision granting asylum.
There was more to this case, including an appeal to the BIA, improper behavior by several U.S. government officials that resulted in a $100,000 payment to Mr. Konanykhin, an unsuccessful attempt by the couple to evade border authorities and enter Canada, and several different federal court cases. When the dust finally settled from this ten-year odyssey, Mr. Konanykhin received asylum in the U.S. (around the same time, his wife–who was a dependent on his case–passed away).
Even before his immigration woes were fully resolved, Mr. Konanykhin began to re-establish himself as a businessman in the United States. His ventures included a number of internet start-ups. He also wrote a book about his adventures called Defiance, subtitled (rather awkwardly): “How to Succeed in Business Despite Being Hounded by the FBI, the KGB, the INS, the Department of Homeland Security, the Department of Justice, Interpol, and Mafia Hitmen.” More recently, he has appeared on a Shark Tank-type show called Unicorn Hunters.
Mr. Konanykhin was also involved in anti-corruption efforts as far back as the 1990s. Having been robbed of much of his fortune by various nefarious actors in Russia, he was intent on exposing the “mafiocracy” that was taking over his country. While these efforts may have helped him win asylum, they unfortunately failed to prevent the ascendance of the criminal class in Russia. Vladimir Putin and his allies have stolen much of the country’s wealth, and jailed, intimidated or murdered anyone who got in their way.
Over the years, I’ve thought about Mr. Konanykhin now and again. His asylum decision had a lot of useful case law, and I’ve pulled it out on occasion, when I needed help making a legal argument. His story was also relevant to some of my cases that involved opposition to corruption. On a more personal note, my work on that case–and the positive feedback I received from the Immigration Judge–helped build my confidence as a lawyer and, in some ways, helped inspire my interest in asylum law.
All that said, I was interested to see Mr. Konanykhin’s name in the news once more. In response to the Russian invasion of Ukraine, he has taken a strong stance against Vladimir Putin. Here is the text of his Facebook post–
I promise to pay $1,000,000 to the officer(s) who, complying with their constitutional duty, arrest(s) Putin as a war criminal under Russian and international laws. Putin is not the Russian president as he came to power as the result of a special operation of blowing up apartment buildings in Russia, then violated the Constitution by eliminating free elections and murdering his opponents. As an ethnic Russian and a Russia citizen, I see it as my moral duty to facilitate the denazification of Russia. I will continue my assistance to Ukraine in its heroic efforts to withstand the onslaught of Putin’s Orda.
The original post apparently included a “Wanted: Dead or Alive” poster, which Facebook took down. I’ve taken the liberty of including that poster here. I understand why Facebook removed it, since it is impolite to call for the death of world leaders, though perhaps an exception was warranted in this case.
While I doubt that anyone will take Mr. Konanykhin up on his offer, his statement and the support it received sends an important message that Russians in the diaspora are not united behind Mr. Putin. Indeed, I suspect that most Russians outside the country oppose the current war and would be happy to see someone collect Mr. Konanykhin’s bounty (for this reason, threats against Russians in the diaspora are counter-productive and misguided).
Also, Mr. Konanykhin’s offer is interesting in what it says about the asylum system itself. Asylum is not simply about protecting people from harm. If that were the case, there would be no “nexus” requirement–under current law, to obtain asylum, a person must show that he faces harm on account of his race, religion, nationality, political opinion or particular social group (the nexus). If a person faces harm for some other reason, he would not qualify for asylum. The reason for the nexus requirement is that asylum is an expression of our national values–we value religious freedom, for example, and so we protect people who face harm due to their faith.
Similarly, we protect political asylum seekers because we value political pluralism and we seek to support dissidents who oppose dictatorial regimes (in theory, at least). Mr. Konanykhin received asylum for his political activity (opposition to government corruption). The bounty he recently placed on Mr. Putin’s head is a further expression of his political opinion and aligns with the reason our country gave him asylum in the first place.
I see similar–albeit less dramatic–behavior from many of my clients. Long after they have received asylum, they continue to work or volunteer as journalists, for think tanks, with non-profit organizations, and in other capacities to try to improve their home countries.
Asylum is a geopolitical moral judgment. Granting asylum in an individual’s case is an expression of our disapproval of that individual’s home government. And so when asylees like Mr. Konanykhin continue advocating for change at home, it demonstrates that in this way at least, our asylum system is working.
Dear Mr. Jason,
Thanks for all your help with this wonderful website. My brother just became a US citizen. He is 34 years old. I am a dependent to my wife’s asylum application. I am out of my H1-b status. My brother wants to petition I-130 petition for alien relative. Hopefully if approved, I should apply for I-485 adjustment of status. I am out of status and have a pending asylum case since 01/2018. Will it be mandatory to leave the US to get a visa interview or can we ask for a waiver of this step based on our asylum application and that we can’t travel abroad to our home country for fear of persecution and we can’t afford to travel to a third country. Can that be something acceptable with the USCIS?
Will really appreciate your reply Sir.
Best regards
The I-130 petition for a sibling has a wait time of 12+ years – and even longer for certain countries (you can check that if you Google “DOS visa bulletin”). After the wait is done, you would most likely need to leave the US to get your GC overseas. There are some exceptions, but they are rare – you could talk to a lawyer about the specifics of your situation. Given the very long wait times, this is not a very practical option, but you could have your brother file the form, just so that it is pending in the event that you ever need it. Take care, Jason
Hello Jason
I will be submitting N-400 (Application for Naturalization ) to USCIS in few weeks. I would like to know that should I submit copies of my Tax transcripts with application?
Thanks
You can do that. In my office, we normally do not submit those unless there is some need – for example to demonstrate physical presence in the US, or if there is some other issue where they are needed related to good moral character. Take care, Jason
Thanks for your prompt reply as usual….
My journey:
– Entered US as a J-1 with 2 years home residency in 2014
– Applied for Asylum in 2017
– Approved Asylum in 2019
– Applied GC in 2020
– Approved GC in 2022
Try to expedite as many times as you can. Every 7 days you can expedite. Approval for expedite is not merit based in most cases, unfortunately. They officer may approve your expedite if he or she has a good cup of coffee. Good luck!
Thank you for sharing, and I agree with you about the coffee. Take care, Jason
Hi asylee, what is the best way to send expedite for the GC, like where I should send it, thanks
We send it to the last address where you received mail from USCIS. You can also call them about expediting: 800-375-5283. Take care, Jason
Hi Jason,
I am an Asylee and I have filed for green card almost 10 months ago. I forgot to send the public assistance documents. My question is that, can I send them now? And if yes, what is the best way to send the supplementary papers to the Uscis office? Thank you.
The public charge rules do not apply to asylees and so they should not be needed. If USCIS needs anything from you, they will send you a letter explaining what is needed. Take care, Jason
Thank you Jason.
I forgot to mention that I had checked “No” on this question on my green card application: “ Have you received public assistance in the United States from any source, including the U.S government or any state, county, city, or municipality(other than emergency medical treatment”,
while, I was on Medicaid and WIC program for less than a year during pregnancy.
Could you please guide me how to clarify this to USCIS? Thank you.
If the info you put on the I-485 was not accurate, you probably should talk to a lawyer about how to approach this issue, as it could create problems for the application. I think in a case like this, you may want to send the info to USCIS with an explanation. Maybe you did not understand the question or you thought that Medicaid and WIC did not count as public assistance? I would keep a record of whatever you send to USCIS and send it by certified mail, so you have a record that it was received. This way, you will have evidence that you tried to correct the problem. You can also correct this problem if you get an interview, but not everyone gets an interview, and so you might not have a chance to correct the problem. For this reason, I think you should send them the correction. I do recommend that you talk to a lawyer first, as it would be good for someone who knows about such cases to look at the specifics of the situation. Take care, Jason
Hi Jason,
My asylum was approved in October 2021. Do I have to wait till October 2022 to file I485 or can I file it 90 days before my 1 year anniversary? I researched online and I am getting conflicting information that I have to wait exactly 1 year and some say 90 days before 1 year anniversary.
Thank You
We used to file 30 (not 90) days early, but then USCIS started rejecting our applications. Since then, we wait the full year (and remember that you have to have a complete year physically inside the US, and also meet the other requirements for the application). Take care, Jason
Hello does any one knows the phone number of Arlington asylum office ?
Office Address:
1525 Wilson Boulevard, Suite 300, Arlington, VA 22209
Mailing Address:
USCIS
Arlington Asylum Office
1525 Wilson Boulevard, Suite 300
Mailstop 2500
Arlington, VA 20598-2500
The public phone number is: 703-235-4100.
The public fax number is: 703-812-8455
The public email address is: ArlingtonAsylum@uscis.dhs.gov
You can find it if you follow the link under Resources called Asylum Office Locator. However, it is probably better to email them. Their email address can be found at the same link. Take care, Jason
Hi Jason,
i have green card. there is mistake in card on issued year.
my asylum granted in 2018. Applied gc next year bt the issued date is 2019.on my spouse card its 2018.
i sent application for correction but i didnt send my card due to fear of loss.
does it really need to send the card?
do they issue card even though if i dnt send?
How do i know application status?
Thanks
When you get a GC based on asylum, they are supposed to back-date it one year (so if you get it today, it should say that you had the card since March 21, 2021). However, I have seen a couple cases where USCIS failed to back date the card. For my clients, we are not going to bother to try to correct the error, as it seems more trouble than it is worth, but I suppose you can try to correct it if you want. USCIS has a process to fix errors on GCs, which you can see here https://egov.uscis.gov/e-request/displayTypoForm.do. Take care, Jason
Jason, thank you for this. In a case like this, and assuming you write a cover letter explaining the error on USCIS’ part, would you recommend that the former asylee applies for naturalization 4 years or 5 years later?
I would go by the date on the GC, and count 5 years from that date (well, 4 years and 9 months, since you can mail the form 90 days early). Take care, Jason
Thanks, Jason. I think so too
Hi Jason,
How often do you see USCIS make mistake on the one year back-date? Is it a common occurrence nowadays? Is it more prevalent at a particular center? This is stressing me out. We are entitled to fair adjudication. I would absolutely try to correct the mistake if that was me. We are talking about a full year.
Hello Jason,
How often do you see USCIS failing to back date the green card for a year? I it very often? Applies mostly at one processing center? This is stressing me out as I would not just ignore USCIS errors on my application. I mean, this is a full year and we are entitled to fair adjudication.
I had never seen it until recently. In the last 6 months, I think I have seen it twice. You can try to correct the problem, but at least for one of my clients, she did not want to bother, as she felt it was more trouble than it is was worth. Of course, different people will have different opinions in this regard. Take care, Jason
Cordy, I have seen it once (with my own eyes), and have heard about two other cases (through people I know) that I haven’t been able to verify. To me, USCIS is very unpredictable or unreliable. You could submit the correction application- for an error that they made, btw- and they may take years to correct it. This would mean that you could potentially wait a few more years without a GC, and you could still end up losing the time needed for naturalization requirement. You just don’t know what to expect when it comes to this agency. You just can’t win it seems. And so, I would just not bother to correct it.
This should not be something to stress over. From what I’ve gathered, it rarely happens. And even if it happens to you, you should not lose sleep over it. If you are eligible for the immigration benefit you are applying for, you will get it- it doesn’t matter how long it takes.
Hi Jason, we can’t thank you enough for your relentless support for the asylum community. You’re unique!!
I am an asylee, applied for my green card almost two years ago, and still waiting. I reunited with my family a few months ago. Now, I wanted to travel to a third country to visit my mom after such a long time and wanted to apply for RTD. How long does it take these days to get the approval? Friends are advising me not to take a risk of traveling before I receive the green card but I am really concerned about my mom’s health condition and badly wanted to see her. Will my travel have a potential consequence on my return and green card process? How about if my wife and our two children wanted to go back home for a visit and or travel to any other third country, will they still be required to have a travel document or they can travel anytime without needing to apply for a RTD?
I appreciate!
The RTD these days takes 10 or 11 months, which is extremely slow. You can ask to expedite the process – maybe due to your mother’s health. I wrote about that on January 29, 2020. If you have a valid RTD, you should have no trouble re-entering the US. For you family, if they are dependents on your asylum case, they can generally go to the home country without consequences. However, if their return trip causes the US government to think your case was fake, that could be a problem (if, for example, your asylum case indicated that your whole family was in danger). I did a post that is related to this issue on January 6, 2016. They also should be able to travel with their passports and green cards. Probably I would recommend them to have RTDs as well, as that is the better approach, but that may be over cautious, as I see no reason they could not travel with the GC, just like any other person with a GC. Take care, Jason
Dear Jason
My sister is evacuated from Afghanistan! She is on two year humanitarian parole, im waiting for something to show up from government whether these will be given refugee status or applying for asylum! Do you have any update!
Good things that if she apply for asylum she wiil get interview in 45 days but how likley that her case will be granted? Some people says that if she get interview soon her case will most likely rejected
Im her brother and im asylee waiting for my green card ? Is there anyways that my status can help her? I came here couple years a go!!!
Please appreciate your input
Unfortunately, I have not yet heard about any progress towards getting status for all the evacuees, and so most are stuck filing for asylum, which is an incredible waste of resources. The good news, as you note, is that such people should get interviews quickly. I expect that the large majority will be granted, and the fact that you got asylum may help her (for example, if the threat you faced also puts your family – including your sister – in danger). She could wait a few months to see if there is a change in the law to help her, or she could file now. But I would file before her one-year anniversary, as there is a one-year filing requirement (she would almost certainly meet an exception to the rule, since she has parole for two years, which qualifies an an “exceptional circumstances” exception, but it is always better to follow the rule than have to rely on an exception). I wrote more about this on October 14, 2021. Take care, Jason
Thank you so much for your on-time response !
What if my sister apply for asylum and later on government introduced a system that is going to be easier to get direct status or green card? Im worrying that her asylum status shouldn’t affect if new programs are introduced for these new evacuee
I doubt that will be an issue. It is a common situation for a person with a pending asylum case to find another way to get status in the US (for example, by marrying a US citizen). When this happens, we file the application and once the person has the GC, we close the asylum case. While we do not know how a new law might look, it is very unlikely that an asylum case would somehow make your sister ineligible for relief under that new law. Presumably, it will be like other existing laws, where the applicant can apply for relief in addition to the asylum case. Take care, Jason
Hi jason
my brother has a deportation order by the immigration judge for the past 7 years. now, he has married a usc and he currently has 5 children. I would like to know if his marriage and children can help him stay here and get the green card. how would his procedure be. thank you for your answer
Maybe – but he would need to talk to a lawyer. The first step is probably for the US citizen spouse to file an I-130 petition. Then, he can try to reopen the court case, which will likely be difficult. If he can do that, he may be able to adjust status. In any event, none of this is easy and there are various hurtles, and so he needs to start by talking to a lawyer to go over, step-by-step, what the plan will be (and how much it will cost). Take care, Jason
It has almost been a month since the Russia Ukraine war started. And I have been watching the reactions of all major powers around the world.
Is it safe to say that this war, marked the official, de facto start of a new cold war ? There are two camps, one led by US/UK/EU, the other led by Russia/China. And during the cold war, how the asylum system will be affected ?
Asylum was created during the Cold War, and so I suppose from that perspective, we already have a system in place. Given the current rise of numerous authoritarian movements, including here in the US, it is difficult to be optimistic about the direction we are headed, but the Ukrainian defense of their homeland and their (somewhat dis-functional) democracy has been very inspiring. Take care, Jason
Hello,
I have asylum based green card and i was wondering if i can travel to canada by land with the green card alone. ( whether i can travel with the green card only or i need RTD ( to re-enter the us).
Thanks.
You need only green card to travel to Canada by land. RTD not required to come back to US as well.
Thanks,
I should know this, but I do not, sorry. Maybe someone else here knows. You can also check the Canadian embassy website, as that probably explains the requirements for entry. Take care, Jason
thanks.
Hi Jason,
On average, how long does the USCIS take to process status adjustment after RFE (medical exam) is submitted?
Thank you!
In my experience, it is usually not long after that – maybe a month or two, but these days everything is such a mess that you can never be sure. Take care, Jason
Pretty sad and disappointing to see such posts from you. This shows your level of political bias and lots of personal stuff. You’re playing dirty game, Jason.
Just to clarify the above person is not me, I also use the alias JOE, Not sure why the above person used my alias. He could have used any other alias.
Hey man why are you using other people’s aliases….
Why are you trying to impersonate other people, If you are man enough to insult Jason then try doing it using your own unique alias instead of acting like an impostor/thief. I know it’s you ASYLUM Seeker… Seriously shame on you, You are a cancer on this forum
I think it is very unlikely to be the poster sometimes known as asylum seeker, It’s not that person’s style. Take care, Jason
Thanks Jason, well whomever he is, I would request to leave me out of it and not use my alias, thanks
I’m not sure what your point is. Asylum is political by definition. Take care, Jason
Dear Jason,
Is that correct that we don’t have to pay $85 biometric fee when renew EAD anymore?
Thanks!
That is correct – a court case in February changed the rule and now you do not need to pay the $85. Take care, Jason
Hi Jason thanks for your help. I have a question
My case is in MCH in Texas and I want to move in a state with higher approval in immigration court. Can I move after MCH when my Individual hearing is scheduled? Pls advise. Thank you.
You can move anytime, but that does not guarantee that the judge will agree to move your case. It is probably better to move before the MCH if that is what you plan to do. I would caution you that if you do not really move, but just use an address in another state, and they discover that you have done this, it could lead to real trouble. In other words, if they think you are lying about your address, they may well think you are lying about your case. Also, even if you move, you may not get a better judge. I very rarely recommend that my clients move to get a better judge, but if the judge has a very low approval rating, sometimes it is a good idea (you can Google “TRAC Immigration” to find the approval ratings for different judges, though newer judges will not be listed there yet). Take care, Jason
Hi Jason! I’m filling for a renewal of my EAD. I’m an asylum pending. May I ask you what kind of the evidence of lawful entry can I provide to obtain EAD? Thank you!
I-94, Print out your most recent I-94 from below link and add with the EAD application
https://i94.cbp.dhs.gov/I94/#/recent-search
Thank you!
Is that correct that we no longer have to pay $85 biometric fee when renew EAD?
The normal evidence is a copy of the passport, US visa, and I-94 (you can get the I-94 if you Google “I-94 locator”). Also, the entry stamp in your passport. Take care, Jason
Dear Jason,
I have two questions:
1. I submitted a change of address online a month ago, are they going to send me a letter confirming the change?
2. My ead card came with error from them, I send it back and it was delivered a week ago. Do you know how long it take before they notify me that they receive it?
1 – If this is for USCIS, they do send letters in some case, but not others. Why this is, I do not know, but that is what we are seeing. 2 – I do not know, but I believe such cases get priority, so hopefully it will be relatively fast. Take care, Jason
Jason,
My MCH is scheduled for October. What happens during MCH, do I submit new application/ evidences/documents before MCH or after individual hearing is scheduled in MCH?
Thank you!
It depends on the case, but generally such hearings only take a few minutes. I did a post on March 7, 2018 where I discuss the MCH in general, but you probably should talk to a lawyer to see whether any application are due at that time, or if there is anything peculiar to your case that needs to happen. Take care, Jason
Hello,
My immigration court is scheduled for next month, We tried hard to talk with the immigration attorney but he is not responding? Is that a bad sign or is it fine ?
Thanks
I feel like it’s probably not a very good sign.
Your own immigration attorney? If he is not communicating with you, that is a big problem. There are deadline for filing documents prior to the hearing, and so he needs to meet those. If this is a Master Calendar Hearing, there is usually not much to do beforehand (though this depends on the case – sometimes, you have to file applications or other documents), but if it is an Individual Hearing, there is a lot to do. If you are referring to the DHS attorney (the prosecutor), it is often difficult to reach them and it is usually easier closer to the hearing. Take care, Jason
Sorry , I meant the DHS attorney, My Immigration attorney tried 3 time to reach him but no respond from DHS Attorney,
Do you mean MY immigration Attorney can talk to him before the hearing?
Its Individual hearing..
I try to talk to the DHS attorney as well, but they are difficult to reach. If your attorney tried, that is great. That way, if the judge asks about this, the attorney can tell the judge what he did. Also, your attorney will probably have time to talk to the DHS lawyer before the hearing. Take care, Jason
Hello jason
Thank you for what you do for us its much appreciated.
I am one of your clients. Just curious saw the comment about talking to dhs attorney. Why do lawyers talk to dhs before hearing what is the reason. Is it possible that dhs agrees to grant the asylum before the judge starts the trail
The main reason is because judges want us to talk to see if any issues can be resolved, and it is always a good idea to try to make the judge happy. In most cases, it is a waste of time, but sometimes, DHS agrees to part of all of the case, or gives us an idea about where we should focus on the direct examination. Take care, Jason
Hello Jason and everyone, you all have been part of my journey with Asylum in the US. I am now in the process of filing for the Citizenship. I have done all my green card applications on my own for me and my family. I stress that you all encouraged to have an attorney for the Asylum case itself.
I was asking for advices and tips when filing for Naturalization based on the Asylum
1- I took one short trip ( 1 month ) to my country of Birth because of parents illness and my dad died one month after I came back to the USA and I mentioned about my intended travel to my country in my Refugee Travel Document application when asked about it and provided evidence of my parents and they issued my Refugee Travel Document. Would that be an issue during the interview?
2- I tried avoiding visiting the country of birth again so my mom was also getting very sick so I had decided to meet her in a third country. However, the third country didn’t accept the US refugee document for visa purposes and my COB passport has expired so I did renew in the embassy. I am not Asylum based on Politics so I had no issue with the government but informed the AO in my case about their inability to provide security in any incidents. Would renewing the passport be an obstacle for the Interview too?
3- My Green card I-485 application was approved later than my derivative sons and my husband who are now over 18 due to an RFE of a missing checkmark so derivatives will probably file their naturalization applications before me. Will there applications be put on hold or not processed until my naturalization application is accepted/approved?
4- What is the timeline or expected waiting time for naturalization applications to be processed. I heard that it is a bit faster than other Applications categories. I know that it is impossible to know for sure how long would take them but you can give us some insight based on your experience as a lawyer dealing with USCIS on a daily basis.
5- We have included a statement in our asylum case and green card application about the misrepresentation in the embassy when seeking the visa where our true intent was to file for Asylum, will we include this statement one more time in the naturalization application?
6- Big shoutout for Jason for this remarkable forum in which we share of our life’s with similar families.
I know that many of you would probably ask for my case timeline. Believe me I was in your shoes and I know it helps to know so I will provide it like others provided to me 5 years ago.
Asylum Applied 2015 Newark, NJ (B2 Visa)
Asylum Approved 2017 ( Short Notice )
Green Card Applied early 2018
Green Card Accepted Late 2018 with backdated to 2017
Finally, I want to say some words. Keep the hope and faith up, it has been stressful to me like it is for you NOW but one day you will earn what you want and you will remember these days and say I was strong and resilient to go through this so I can now face anything without doubting yourself.
Thank you all and wish you the best in your life!
1 – It could be. You should be prepared to explain why you returned and how you stayed safe, and provide evidence about that. Since you do not fear the government, you can probably explain the travel and for our clients who did this, they were prevented from naturalizing. But do be prepared to explain and have evidence. 2 – Probably not, but you should be prepared to explain. 3 – Each application is independent and so the case should be processed separately. However, maybe if there is some sort of issue with the asylum, they might want to wait to adjudicate all the cases, but I think that is unlikely. 4 – We are seeing cases take 6 or 7 months for most people. 5 – Yes. The N-400 asks about prior misrepresentations, and so you need to check the correct box and explain in the cover letter. 6 – Thank you and thank you for the encouraging words. Take care, Jason
Hello Jason, thank you for your response. Can you elaborate more on how clients were prevented from naturalizing because they visited COB even with an emergency travel. Is it a standard policy to deny naturalization for someone who visited COB. Did you mean prevented or not prevented from naturalization because it didn’t make sense to me in the context of your answer in part 1.
I have never had a client denied naturalization because they visited the home country, and we have seen this issue maybe 3 or 4 times. However, if the return trip causes USCIS to believe that the original application was fake, it certainly could result in problems and I have seen at least one case where that happened (the person was not my client at the time, so I do not know exactly what happened at the N-400 interview). For this reason, you need to be prepared to explain and provide evidence about why you returned and how you stayed safe while you were there. Since you do not fear the home government, this should be relatively easy to explain. Nevertheless, it is good to think about it before the interview, so you are ready to answer any questions. Also, it is very possible that they will not ask any question at all. But it is best to be prepared just in case. Take care, Jason
Hi again Jason, do you prefer to file for asylum-based naturalization application online or do it the old-fashioned way and file paper application along with other evidence and explanations?
We file the N-400 by mail. That may change at some point, but I only change my own procedures when I am forced to do it, and since filing by mail has been working, I do not want to change. Take care, Jason
After 2years 7months of filling my i485, uscis requested for RFE which was sent like 2 weeks ago but my case is yet to be updated online to show that it was received by them, people are getting decision after 10days of submitting their RFE, How will I know they got my RFE?
I think the only way to know is if you track the mail. If they received it, you should be fine. I suppose you can try to call (800-375-5283) to see if they can tell you, but that will probably be very challenging, as it is difficult to reach them or get an answer. Take care, Jason
Joe Biden’s approval rating seems to be rebounding, which is great for the asylum community 🙂
Hello jason,
Do you think true conversion from islam to christian is a strong case for asylum for people from majority muslim country likes iran? Specifically for a person who attended in christian university and studied christian theology in a US university?
Thanks
For Iranian Muslims who convert to Christianity, my experience has been that as long as they believe the conversion was true, the case should be approved. Evidence to support the conversion certainly includes attending a Christian university. It would also be letters from the church and church members, photos at events, membership in other Christian organizations, evidence of missionary activity, Baptism certificate, appearance in church newsletters, etc. Also, knowledge of the Christian faith is important, as sometimes officers quiz people about the tenets of the faith. Take care, Jason
Is there anything else i need to know and I have to prep for my case cause i have individual hearing in next few months?! I appreciate your help
I do not know your case, and so I could not really advise you about what needs to be done. You would be well advised to have an attorney assist you. An attorney can review the specifics of your case to see whether there are any problems (such as the one-year filing bar, firm resettlement, inconsistent documents, etc., etc.) and try to overcome those problems. Aside from that, I did a post on September 25, 2019 that talks about what happens at the Individual Hearing – maybe that would be helpful. Take care, Jason
Thank you so much for your response, i meant switching from islam to christianity
Hello Jeson,
USCIS sent to me RFE regarding medical exam on 02/28/22 and I sent reports on 03/14/22 and delivered on 03/15/22 but still online status same fingerprint taken 11/07/20.How will I know they got my reports? Even last year August I got my EAD but online Status still same fingerprint taken 11/07/20.it’s seems like online status not accurate
Same with me, i have submitted my RFE more than 2 weeks ago, still no update online, Can you tell me the filed office where your RFE was sent to. Some applicant are getting their approval after send RFE within 10 days,
Hello ETO,
My filed office is Atlanta GA.
Same thing is happening to me, i submitted my RFE like 2 weeks ago and my case is yet to be updated, maybe this is particular to some field office, can you tell us the field office that you send your RFE to
If you sent it by certified mail, you will at least know it was delivered. Other than that, I think you just have to wait for USCIS to contact you again. I expect that will be relatively soon, since they requested the medical exam. Take care, Jason
Hello Jason!
Regarding EAD delays, is it possible to file a class-action lawsuit against USCIS?
Thank you!
It’s not my thing, but I do not see why not, as many people are affected by the exact same problem. I reached out to a non-profit once about a class action suit related to EOIR’s practice of randomly scheduling court case, but they did not have the capacity to take the case. I imagine you need to find a lawyer willing to do it, and that would probably be at a non-profit or with a big law firm, or both, as a lot of resources will likely be needed. Take care, Jason
Hello Jason!
I have a question regarding the U-visa suggested by you for my son. I had a conversation with one of the attorney, according to a police report he said yes eligible to file. The question is in regards to our pending asylum application with removal proceedings with IJ. Does my son needs to take a waiver by filling out form I-921, since he is also on removal proceedings as a dependent on my file. My attorney didn’t tell me anything about it and when I asked he didn’t answer properly instead he said these are two separate departments. Would really appreciate it if you can explain it. Thanks
Correcting Form I-192 not _921
Got it, but I still do not know about that form, and I think you need to get clarity from the lawyer who knows your case. Take care, Jason
I do not do U visas and also I do not know about form I-921, so I cannot assist. Are you sure that is the correct form? In any event, your attorney shoudl explain this better, as that is his job – maybe try asking him to clarify. Take care, Jason
Hi Jason,
I received the below message from USCIS today. How long after receiving the below message does the EAD arrive in mail??? Anybody else can tell me?????
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Your Case Status: Card/ Document Production
We have approved your Form I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION, Receipt Number . On March 16, 2022, we ordered your card to be produced. We will mail your card to the address you gave us. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
This step applies to applications that result in an applicant receiving a card (such as a “green card”) or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application. If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.
Joe,
Congratulations. You will receive your card in mailbox.
Can you please share timeline and service center? I will appreciate that.
Thanks
Hi Ron & Alrteravailable,
Thank you very much.
Applied for EAD renewal: MAR-31 2021
EAD Expired: SEP-23 2021
Extension will expire : MAR-23 2022, next week
Service Center: Potomac
1- Submitted expedite request through congressman based on letter from employer that said that employer will suffer financial loss in hundreds of thousands if new ead does not arrive on time.
2-> Also asked senator in California to submit request in parallel with congressman, not sure if they did, may be they did as well
3-> Submitted 2 inquiries on uscis website for case outside processing time
4-> Sent atleast 5 messages to uscis from myuscis portal/inbox online telling them that I will file lawsuit if they don’t adjudicate on time
5->Called uscis on phone and asked to process my expedite request atleast 5 times
I was going to submit an inquiry with uscis ombudsman today but finally got the message that card is being produced.
Seriously it should not be this difficult to process a simple EAD. Anyways.
Joe, you put lots of efforts to renew EAD and I am just waiting for it to arrive in mailbox with no any efforts. Thanks for sharing with all of us. At least now you can help your family and your employer with renewed EAD. God bless!
Joe, I am wondering how you managed your stress level during all these months, you almost lost a year of your valid work permit including 180 days of extension. I really admire your struggle and want to celebrate your success.
Hey thank you brother for your great wishes, I am glad you got your new EAD as well, Yeah I agree man stress gets to all of us, Not only that but I also work in a very stressful job, I was still working on my EAD extension. It was going to expire next week.
To tell you the truth I was actually looking forward to taking some holidays and go for hiking and camping to yosemite and I told my boss that since my new ead is late I would just take the time off which was perfect excuse for me to take some free time off.
Also since I am in California, I got an AB60 drivers license which is valid until 2025 since my EAD expired, you don’t need to have a legal status to get it in california.
Best wishes to you and your family brother, Hope you find much success and happiness in your life.
What a disgrace. Since USCIS is well aware of the problem, why not extend the validity of the EAD renewal receipt to one year (instead of 6 months)? It seems like an easy way to help people in your situation avoid all this stress, wasted time, financial loss, etc. Take care, Jason
Joe, I am still waiting for my EAD. After denial from AO in interview, I was advised to go different state and CA is one I am planning to move. Now my EAD is expiring in August , moving in this situation will be hard to find an apartment as landlord will need paystubs or letter from employer. Why someone will hire me with expired EAD and with no job in hands how will I get place to stay? Hoping for good out of all challenging circumstances. I liked your license advise, worth taking for consideration.
I am sorry RON that you have to go through this…I am going through similar situation. It does sound a common and frequent problem tho.
I am curious to hear any advice out there regarding situations like this.
Congratulations!!! you will have your card by this Saturday or Monday .. Share your timeline & Service center details please?
For most of our clients, I think it is pretty fast – a week or two. However, mail these days seems slow, and it might be a bit more. Take care, Jason
Hi jason,
Can i apply for F1 OPT while i have asylum work permit and used to work with the asylum permit. I have not interviewed yet. I read in a blog that a student in same situation with me could get OPT permit along side his asylum permit.
Thanks
I think the rules about student status and working with a c-8 (asylum pending) EAD are unclear, but I believe you should be able to get the OPT work permit. The advantage of that, assuming you get an OPT-qualifying job, is that you probably extend your status and help maintain your ability to change to another status, such as H1b. I write “probably” since the rules are not entirely clear, and it may be that working – even legally with a c-8 EAD – somehow ends your F-1 status. I think USCIS does not generally take this position, but I am not certain (and again, I think the rules are unclear). Take care, Jason
You know what really, really bothers me? Secretary Alejandro Nicholas Mayorkas and director Ur Mendoza Jaddou are silent. I was so hopeful that they would improve things at USCIS, EOIR, etc. It’s almost like there is no USCIS director or DHS boss at this time. Trump’s directors and secretary started on day 1! Now, it’s like things got worse!
Dear Jason,
I have a question not related to your post but I do hope you can help shed some light on.
A friend of mine Phil is an asylum applicant who is going to have asylum interview in LA on March 31, 2022. He has been reunited with his ex-wife and their two kids for some time — they live together and share life as a family. His wife had her asylum petition approved in Summer/Fall of 2021 and they were planning to get re-married again. His wife has already applied for I-730 for their two kids (not-US-born, custody belonging to the father). We urged that Phil get re-married with his ex-wife before his asylum interview on March 31, 2022 so he would have a more permanent connection with the US in case of unfavorable result. Would you think it would be a better idea for Phil to get married to his ex-wife who is going to file I-485 soon?
On a side note: When applying for B-2 visa to enter the US, Phil claimed he was going to the US for sight-seeing but he was actually wanting to flee to the US for asylum. The law office (handled primarily by a non-lawyer manager) used the fact that Phil lied on his visa application as a deterrent to discourage Phil from marrying his ex-wife.
thank you
Mei
I think the re-marriage is not an issue for the asylum case. However, if he does re-marry, he would need to tell them. I feel like this is positive news for him and his family, and might help the case in some intangible way, but it is just one of those human factors that makes the case seem better (at least in my mind). In terms of the misrepresentation, Phil needs to disclose that, preferably in his affidavit. It seems he lied because he was trying to flee for his life, and if so, it would not prevent him from receiving asylum. There is a well-known BIA case on this topic called Matter of Pula, which addresses the point. I did a post on November 2, 2021 that discusses this case a bit. Take care, Jason
I heard the other day a famous lawyer said, Sec Mayorkas is a fraud, this guy is heck of a silent and doing nothing.
All admin is like cold freezer you get to know things when things get real messy.
I agree that things at USCIS are worse now than under Trump, at least for many types of cases (naturalization is better). However, it did take the Trump Administration some time to really have a negative effect on USCIS – other agencies were faster, for example with the Muslim ban. For this reason, I think we do need to have some patience while USCIS repairs the damage (even though they are moving too slowly in my opinion). However, your point about being silent is a good one. They have not restored transparency to the process, and this is something that should be easy (along with some other easy fixes, like making the c-8 EAD receipt valid for one year and making the RTD valid for 10 years). It would be very helpful if they would tell us what is happening, what the problems are, and how they are trying to fix them. They still have not released asylum office statistics, and so we do not know what is happening there, and the list goes on. Ur Jaddou is speaking at the upcoming AILA conference (which I am not attending), so we will see whether she says anything new. I doubt it, but here’s hoping. Take care, Jason
Jason, thank you for this. I hope Ur Jaddou will have some good news for us. Can you kindly tell me how naturalization has improved under this administration? I heard from a friend that her friend was denied recently because the officer accused him of not disclosing to immigration that he was going to apply for asylum. How can he overcome that? She didn’t say if he was sent to court. Do you think they will send him to court?
Jason and jamie,
My friends applied for naturalization and uscis denied his case. The officer accused him for not give false testimony. He applied for Re entert permit in 2104 for a reason which was true, but during the trip something unexpected happened for him which was beyond his control so he could not return to the US and he has documents for the reason that he could not return. During the interview officer asked him why you were out of country for those time without asking him what was the purpose of departure the US and applied for re entry permit. He answered that something happened in my personal life which I was not able to return( he told the truth with documents), but the officer denied the case and reason was the he did not tell the true intention of departure based on our record. The sad thing is that the date he applied for re entry was out of 5 years period for citizenship requirement. He is applied the decision and waiting for second interview with new officer. Do you think he could correct this misinterpretation with new officer?
I think we would need to know more specifics to understand better, but I think he should have a lawyer evaluate the situation. It may be that a written response with evidence would help, or maybe he can just explain again at the interview, but I think talking to a lawyer would be a good idea. Take care, Jason
Asylum, I am not sure if I understood this case clearly. Which state did your friend do his/her N-400?
I have worked on a similar case. I do not think they will send the person to court, as such a court case would likely not result in the person being removed (they would have various defenses that would most likely prevail), but I suppose USCIS could send such a person to court. In our case, we re-filed with an explanation about the problem and had the interview a week ago. The interview took maybe 15 minutes and the officer said he was recommending approval, so hopefully, we will get that approval in the coming weeks (the officer indicated there would be some delay due to a name change, and that is standard). Most of our naturalization cases are now taking about 6 or 7 months, or even less, and so that is an improvement. Take care, Jason
Jason, this is great news for your client! Did the client do the interview with a new officer?
I did not do the first case and I did not ask him about that. I am almost certain he had a new officer or he would have said something. Anyway, I do not want to jinx it, as we do not yet have the decision, but so far, it has gone far better than his first interview, where he was denied. Take care, Jason
Hello jason and jamie,
The officer accused him for gave false testimony, so he has not good moral character. He applied for re entry permit in 2014 because he had to attend a fellowship program and he mentioned this in the application for Re-entry permit.during the trip something unexpected happened in his personal life which he was unable to come back to the USA for more than one year. During the interview officer asked him why were you out of US for during that time? He explained that something happened in my personal life which I was not able to come back. The officer denied the case and in conclusion she wrote that for this reason you did not demonstrate the good moral character. My friend told me the officer had never asked the question what was the reason you applied for Re-entry permit or the reason for departure the US in 2014. My friend find a lawyer and appeal the decision and he is waiting for administration appeal which is interview with a new officer. He did not intend to hide something he believes miscommunication or misunderstanding took place during the interview .
Hello Jason.
Thanks for everything you are doing to help all in need of support. I have a question.
When I check my case status for i485 based on grant asylum it says RFE was sent, but I haven’t received it. And it says if I don’t receive it by specified date that I can request a copy of notice. And I did the e-request.
My question is that,
How long does it take to get a response for the e-request from USCIS?
What should I do in the mean time? It is been 2 and half years since applying for i485.
Thanks.
I do not remember how long the e-request takes, and I think I have not used it for that purpose. Maybe give them a week after you were supposed to receive the RFE (since mail is slow, and normally, you have enough time to respond to the RFE that a few weeks delay should not cause a problem) and if there is still no news, call them at 800-375-5283. This is not easy, but if you can reach a person, maybe you can get some assistance. Take care, Jason
Hello,
I filed my I-485 based on the asylee status almost two years ago at Texas Service Center and since then haven’t heard anything, except fingerprinting a year ago. I have inquired through Congressomwan, but no luck. Some of my friends who filed their I-485 with the Nebraska office have received their green cards within a year, surprisingly quickly compared to TSC.
Is it possible if I change my address to Nebraska office jurisdiction, it will cause my I-485 case to be transferred to the Nebraska office? My aim is to get my green card application moving and from what it seems, TSC is at a halt and no hope for receiving a green card anytime soon. Thank you!
Asylum Khan, unfortunately, you do not have any control over where your I-485 ultimately ends up for processing. As well, changing your address during the pendency of you I-485 application will have no effect on your case. The only effect it may have- and that is if you are required to do an interview at USCIS field office- is that USCIS would schedule your interview at the field office that’s closer to your address.
I think moving will not help, and if it is not a real move, USCIS could accuse you of fraud, which would be worse. TSC cases are the slowest and normally seem to take 2 to 2.5 years. Hopefully, you will be getting some news soon. If you have a basis to expedite, you can try that – I wrote about expediting on January 29, 2020. Take care, Jason
Hi friend, is the EAD delay long across the board ?
I heard it’s mostly from TSC. Could some people assigned to VSC or NSC or PSC share their timelines ?
Also is the case processing timeline reliable ? I see some with the longest length about 9 months. Which seems to be better than worse case
It is delayed for almost all EAD renewals based on c-8, asylum pending. Other types of EAD applications are faster – first time c-8 EADs and EADs that are filed with an adjustment of status application, for example. In terms of processing times, I think they are not incredibly reliable, but they give a general idea in most cases. Take care, Jason
Hi Jason,
I’ve read on the ASAP website that per new rule “If an asylum seeker has applied for a work permit at least 90 days before their current work permit expires, the government is now supposed to make a decision on their renewal application before their current work permit expires” but they didn’t provide a link to this new ruling and I couldn’t find it myself. Do you know if it’s true? Where can read about it more?
That may have been part of a court order, but I do not have a link. I am not sure that that was ever being followed and I do not know whether it is still even valid, since a new court order last months made some additional changes to the EAD process (reversing some Trump-era rules). Unfortunately, I do not think that such a rule provides any solution to the problem and the best bet is to try to expedite (for healthcare workers, I wrote about that on January 19, 2022 and for everyone else, I wrote about that on January 29, 2020). Take care, Jason
Hello Jason
What are the duties of a court clerk?
Can I contact the court clerk to check if the court received a certain motion or to get updates on the motion status?
Thank you
If you call the court, ask for the specific judge and (with luck) you will get to talk to the judge’s clerk. This person assists the judge and should know whether a motion has been received. The person should also know the status of the case. Some clerks are better than others about communicating. You can also try to talk to the receptionist at the court, as this person can usually also give you the info you need. Take care, Jason
Hi everyone,
Hope you all are doing well in the new year. I thought I would drop by and share some great news! My sibling got their visitors visa renewed. I am in the process of planning their trip to visit me. Its a significant relief because I thought the US Embassy in my COP would bring up my asylum claim. What bothered me, even more, is they were required to go do an interview; something they didn’t have to do the last time. I don’t know if it was the pandemic or change in my status to LPR that might have made things easier. If they had divulged my asylum claim I would have been mortified!
None of my family still knows that I have a green card at this time, but I likely will have to make it known and provide some explanation as to why I have not used it as an opportunity to visit. My application for the travel document is still in flux and based on the estimation, that is not likely gonna be ready until probably next year. Hosting my sibling will be an expense and I can likely use that as a reason why I won’t be able to visit, yet. But I hope 2023 I do get it so I can go see my mother. I recently lost a member of the family who is the same age as my mother and it worried me. I know they must find it strange I didn’t attend the funeral.
I feel good and though my sibling isn’t fully aware of my circumstances around my presence in the US, I will be glad to see them. Take care all, be safe, and continue to pray for those who are still on this long journey. I also pray for everyone in the Ukraine, at the US border, going through the Darien Gap, or looking for a way out wherever they are.
That is good news – I hope you have a good visit with them and that USCIS issues a travel document sooner rather than later. Take care, Jason
Hello, After submitted medical RFE how long take time to hear from USCIS?
There is no way to know, but for most of my cases, we get news pretty quickly after that – maybe a few months. Take care, Jason
Hey Jason ,
Hope everything is fine with you.Thanks very much for your answers I asked you before.
Now I have question about my asylum decision I am waiting for.
Me and one of another applicant we had same day interview and we are from same country. She call me.thst her lawyer got her approval decision last week,but I have got nothing yet.
We had interview same day in NY AO. I have 2 more family members in my application.Is that like more people take more time?
I look forward hearing from you.
Best regards
Jhampa
You cannot compare the two cases as there are too many factors to consider, and so I think the fact that she got a decision before you gives you no hint about when you might get a decision. If it has been more than 2 or 3 months, you can make an inquiry about your case – I wrote about that on June 2, 2021. Take care, Jason
Hello Attorney Jason,
Thanks for all you do for us. I applied for work authorization based on pending Asylum in June of 2021 and it has been 9 months since then. The receipt I got extended it to 04/25/2022. My company just set up a meeting this morning and told me that if I don’t get it before that time, I will lose my job. I have a few questions please.
=> Given that my wife and I need this work authorization to keep our jobs and feed our family, what can we do in this case please? I have been crying so much lately and my kids are traumatized each time they see me break down.
=>From your experience lately, what is the average time EADs based on Asylum are renewed?
=>My Asylum case is still pending and all of thus is affecting my mental health. Please what do you think I can do about it?
Thanks so much sir.
EAD renewals are taking 10 or 11 months for most people. It is idiotic. If you are a healthcare worker, there is a process to expedite – I wrote about that on January 19, 2022. If you are not a healthcare worker, you can try to expedite in the “normal” way – I wrote about that on January 29, 2020. In terms of the asylum case, assuming you have not yet been interviewed, you can try to expedite that based on mental health issues. I wrote about that on March 30, 2017. Take care, Jason
Hello,
There are so many people are in the same boat. Nothing is going to change and be calm and take it easy whatever the outcome. Even I lost my job and next week touching 2 months. You have another 5 more weeks, who knows things may change next month. Mine was March 12 but no progress yet, created two SR’s but no use.