If you are a regular or even occasional reader of this humble blog, you know my opinion of the affirmative asylum system–it is a disaster. There are currently more than 435,000 pending cases, representing upwards of 800,000 people. Some applicants have been waiting for their interviews for five, six, seven or more years, separated from spouses and children and living in existential uncertainty. Now, it seems that we are on the verge of a perfect storm, which will throw tens of thousands of new cases into the system at the same time as resources will be diverted away from affirmative cases. These changes will result in some winners and some losers. Here, we’ll discuss these new developments and how they might affect the asylum process.
Let’s start with the good news.
For people with a pending asylum case, renewing the Employment Authorization Document (“EAD”) has been an issue. If you file to renew your EAD before it expires, you get an automatic 180-day extension of employment eligibility. The problem is that lately, 180 days is not enough. Renewals are routinely taking 10 or 11 months. As a result, people are losing their jobs and driver’s licenses, and are generally suffering due to USCIS inefficiency. To mitigate this problem, USCIS has announced a new rule, entitled “Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants.” This rule will increase the automatic EAD extension from 180 days to one year. USCIS also plans to reduce processing times for EADs, and so when (and if) that happens, the automatic extension may no longer be needed. We do not yet know when this rule will go into effect, but hopefully in the next few months.
USCIS has also announced that it will expand the use of premium processing, whereby an applicant can pay an extra fee (currently $1,500 or $2,500 depending on the type of application) for faster adjudication. The bad news is that premium processing will not apply to asylum seekers or–probably–asylum seeker EAD applications (I have long advocated that asylum seekers should be eligible to premium process their cases). Even though asylum seekers will not directly benefit from premium processing, the extra fees generated for USCIS will hopefully benefit the entire system, and so perhaps asylum seekers will benefit indirectly.
Finally, in the “good news” column, USCIS has announced new goals for completing cases. Again, asylum seekers will not directly benefit. However, USCIS plans to reduce the wait time for a Green Card application to six months (for asylees, that wait time is currently over two years). The agency also plans to reduce wait times for EADs to three months. Whether these goals will actually be achieved, I have my doubts, but USCIS is hiring thousands of new workers (the agency become dramatically understaffed during the Trump Administration) and so hopefully we will start to see some improvements.
In the “good news for some, bad news for others” column, the Biden Administration has announced that it will give priority to asylum cases filed by citizens of Afghanistan who are paroled into the United States between July 30, 2021 and September 30, 2022. USCIS claims that for such applicants, “we will conduct the initial interview… within 45 days of filing and, if there are no exceptional circumstances, we will complete the final adjudication within 150 days of filing.” While I would not be terribly surprised if most such cases are interviewed within a few months, my guess is that many will face delayed decisions, since that is currently the norm for most Afghan cases. So while this policy is generally good news for Afghans, it is probably bad news for everyone else, since their cases will likely receive lower priority and will be less likely to receive an interview.
In the bad news column for affirmative asylum seekers are events at the U.S. Southern border. First, while March had been the busiest month for border crossers before 2012, since 2013, more people have been arriving in late spring and summer. This means–all things being equal–that we can expect the number of asylum seeker at the border to increase in the coming months. But all things are not equal this year. That’s because the Biden Administration plans to lift Title 42 restrictions, which had resulted in most migrants being refused entry into the U.S. due to the public health emergency (and without regard to due process of law or whether they had a claim for asylum). While this means that asylum seekers at the border will now have their cases adjudicated (which is good news for them), it also means that many more Asylum Officers will be deployed to review their applications. This is bad news for affirmative asylum seekers, since every Officer who is working on a border case is not available to work on cases in the backlog, including those of long-suffering applicants who have already been waiting months or years for an interview.
But the situation is even worse than this. That’s because under new rules, Asylum Officers will be acting as “mini Immigration Judges” (to quote one Officer I know). They will have an expanded role in adjudicating border cases and will thus spend even more time than before working on each border case. Consequently, they will have even less time for backlog cases.
Given that 2021 was a record year for arrivals at the border, and given the pent-up demand caused by Title 42, we can expect even larger numbers of asylum seekers to start arriving at the border in the coming months. As a result, it seems likely that many Asylum Officers will be adjudicating border cases at the expense of backlog cases. Whether this will be offset by easing Covid restrictions at the local Asylum Offices and by hiring more Officers, we shall see. But if history is any guide, it is difficult to be optimistic.
HI JASON,
I filled my asylum case last AUG 2022 and am not from Afghanistan. But my lawyer says my interview could be scheduled within a few months. So my question is that have any basis because the priority is for Afghans? And, in general, should I expect less waiting time them people who filed before the LIFO policy?
LIFO is currently in effect and priority is given to “new” case, and so it is possible you will get an interview soon. For this reason, it is a good idea to be ready. That said, we are seeing very few LIFO cases get interviews (except Afghans who are evacuees), as the asylum office does not seem to have capacity to interview most people due to the large number of arrivals at the Southern border (asylum officers must deal with those cases as well as “regular” affirmative cases). In terms of wait times, there is no way to predict. If you do not get an interview in a few months, you are probably no longer a “new” case and are in the backlog, but the wait time is completely unpredictable. Take care, Jason
While waiting for the process the forever waiting to be called for my initial MCH as part my asylum hearing, I got married and my spouse filed I-130 on my behalf of
Got a notification letter from USCIS says ‘As June 28, 2022, we are actively reviewing your Form I-130, Petition for Alien Relative,Receipt Number IOmxxxxyyyyzzz. Our records show nothing is outstanding at this time. We will let you know if we need anything from you.’
so what is the implication of this and what could I expect next and when i rough estimate ?
Regards
Hopefully, it takes under a year, but sometimes, it is longer. You can inform DHS and the court and either delay your case until the I-130 is approved (assuming you are eligible to get the GC inside the US) or maybe get your case terminated so you can apply for a GC. Talk to a lawyer about your eligibility, but hopefully, this process can get you to the finish line faster than waiting for the entire case to play out. Take care, Jason
Hi Jason.
I had my interview on 15th Feb 2022 in Sanfrancisco office. I haven’t received my decision yet. Why is delay please assist.
Such delays are – unfortunately – very common. You can inquire with the asylum office about the status of your case. I did a blog post about that on March 30, 2022. Take care, Jason
Hello
Hello,
I did 2 asylum interview back in 2017 and 2018. Up until now the decision was pending. Now Suddenly 4years after, I am being called for a 3 rd interview. Why could this be the reason? Will this interview be like my first one?
I am currently married to a USA citizen and we have a child. Can he file the I-130 now ? I don’t want to have to wait for another 4-5 years to get a decision or another interview again, I was expecting a decision this time as those two previous interviews where long, so many questions to clarify anything, but I am being called again. If He files for the I-130 , do we wait for it to be approved before filling for the I485?
You should prepare for the interview as you prepared for the first interviews and if possible, review any notes you have from the prior interviews. There could be many reasons for a new interview – maybe they have more questions, or maybe the asylum officer who did the case is no longer there. There is no way to know. As for the marriage case, if you are eligible, you can get a GC that way. I wrote about this (in the context of an immigration court case, but it is about the same) on August 6, 2018. Take care, Jason
Hi, Jason I have asylum pending since 2017 I’m done with my interview 2 years ago, and 3 months ago I got married with my wife and she has a green card(permanent resident) do you thing if I file the case to the Uscis I could get a green card and abandon my asylum case?
Unless you have some lawful status in the US besides asylum pending, you are probably not eligible to get a GC based on marriage to a person with a GC. There are exceptions, and so you can talk to a lawyer about that. Also, I wrote about that issue on August 28, 2018. If your wife becomes a citizen, you will most likely be eligible to get your own GC without leaving the US, so maybe that is an option, depending on how close she is to citizenship. Take care, Jason
Hello Jason,
My scenario is similar. I am planning to file Affirmative Asylum ASAP. My I94 is expired by a few weeks. My parents are GC holders. While I am waiting for my asylum process to move along, is it viable if my parents concurrently file a I130 petition for me after my asylum interview takes place and be approved down the line? Thanks very much in advance
If you are unmarried and under 21, your parent can file an I-130 for you now. These two processes (I-130 and asylum) can run at the same time, and as long as all the info on the forms is consistent, there should be no problem for either case. Whether you are eligible to get the GC in the US depends on the situation, but if you are currently under 21, you may be eligible to file for the GC now – I would definitely talk to a lawyer to see whether you are eligible. If you are over 21, you would not be eligible. I wrote more about this issue and whether a person is eligible to get the GC without leaving the US on August 8, 2018, August 28, 2018, and September 6, 2018. Take care, Jason
Hi Community I would just like to give you an update and ask a question to Mr Jason.
1. 2018: Applied January 2018
2. 2018: Got my first EAD in JULY 2018
3. 2020: Renewed my EAD in 2020
4. 2022: Renewed my EAD MARCH 2022 the EAD is expiring soon in June)
5. 2022: Just got an Email that my Interview has been scheduled ( I haven’ t seen the notice in the mail to se the date
Office: Texas
Question to Mr. Jason.
1. how many weeks notice do they give for an interview, do you think this interview will be this May or June.
2. What preparation should I do and consider doing?
3. I can speak english quite well but my lawyer believes I might be emotional and nervous and recommend me to have a translator, what do you think and advice.
4. After the interview when do decision usually comes?
5. what happens to my Pending EAD renewal? will it be hold since my interview has been scheduled?
6. what are the winning percentages of asylum case wishing the TX office?
1 – It varies, but mostly, when you get the paper notice, you only have 2 or 3 weeks until the interview. 2 – Make sure you filed all your evidence. I wrote about the interview on September 8, 2016. 3 – I think if you can do it in English, that is better, as the US government translators are not always great, but that varies by language. I do agree that a person’s English ability tends to go down a bit at the interview for the reasons you mention, but I do not know your English, and so I cannot evaluate that. 4 – It is totally unpredictable. We try to ask the officer if they have any sense of the decision. Usually, they do not, and even if they give us a time frame, it is mostly wrong. 5 – It will be processed normally. 6 – I did a post on April 20, 2022 that mentions the grant rates at the different offices, but this is a general grant rate and is of little value in predicting the outcome in a specific case. Take care, Jason
Thank you sir for your response.
I thought you are allowed to bring your own translator, did that change?
Most of my evidence is articles reports and news reports from human rights, UNHCR, US government, do you think this is enough evidence to support a claim?
Since Covid, the government provides telephonic interpreters for most languages (the interview notice should include a list of languages). If your language is not on the list, you can bring your own interpreter. In terms of evidence, it is helpful to have some evidence that is personal to you. I did a post on April 18, 2018 about evidence and maybe that would be helpful. Take care, Jason
Hello Jason,
I was asked for renewed Work Authorization Card at work. I sent the application for renewal at the end of June and extension for 180 days is going to be expired on May 26. I contacted USCIS by phone month ago and it still no response. Can I continue my work after May 26 or I am going to be fired? What else can I do or whom I can ask for help in this situation? It seems that I am going to be a homeless with 2 kids😔 Thank you
This is a huge problem for everyone renewing EADs. If you are a healthcare worker, there is a process to expedite – I wrote about that on January 19, 2022. If not, I wrote about the general expedite process at USCIS on January 29, 2020 – if you have evidence that you may lose your home, that could be a basis to expedite. Unfortunately, once the EAD expires, you are not eligible to work legally. However, if the employer chooses to keep you on (or does not realize the EAD has expired), there is no negative effect on your asylum case (though working without permission could potentially affect other types of immigration applications). Take care, Jason
Hello Jason. I still did not receive renewal for my EAD and this time my employer ask me how they can help? Can I work by 1099 or can they provide some sponsorship for me? If there another legal way do not lose the job for me?😔 Thank you
Maybe you can incorporate and they can hire the business (and not you directly). There was recently an academic article about that (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4046910&dgcid=ejournal_htmlemail_immigration,:refugee:citizenship:law:ejournal_abstractlink), but I have not read it yet and do not know much about the employment side of things. If you are a healthcare worker, you can try to expedite – I did a post about that on January 19, 2022. If you are not a healthcare worker, I did a post about expediting in general on January 29, 2020. Maybe one of those would help. Take care, Jason
Hi Jason, do you know when will the EAD temporary extension go live? My EAD is expiring very soon and I am waiting on receiving mine.
I do not, but hopefully soon as many many people are suffering from USCIS’s incompetence. Take care, Jason
Hello Jason:
I am dependent in asylum case. We are waiting for interview 7 years. We moved from Ukraine. Can you please advise if it makes sense to apply for TPS? Will I loose my current status? What is the best and short way to get dream Green Card? Thank you for all your help
The main reasons to apply for TPS are that it is easier to travel and that if you have TPS and if the government gives green cards to TPS people, you will qualify. It is very unlikely that they will give GCs to TPS people, but you never know. Otherwise, maybe you want to try to expedite your asylum case, as the crisis in Ukraine may make it more likely that they will expedite – I wrote about expediting on March 31, 2017. Maybe that post will help. Take care, Jason
Hi Jason:
Will I loose my asylum pending status if I apply to TPS, correct? Thank you
No – You can apply for TPS and your pending asylum case continues as before. Take care, Jason
Hello Jason,
is Covid 19 vaccinations obliged for green card application?
Thank You
It is required, though there are exceptions. See https://www.uscis.gov/newsroom/alerts/covid-19-vaccination-required-for-immigration-medical-examinations. Take care, Jason
Hi Jason,
Our Asaylum case is in the Miami Office. However we are moving for 8 months to another state, because of a Job Offer that requires me to be there for a few months, after we’ll be going back to Miami again. Should I change the address with USCIS now and then again when I’m back in Miami? or should I keep a friends address in Miami and mantain the case in the same asaylum office?thanks!
If you can keep a permanent address in Miami, that would probably be better, as long as you can get mail there. You can change your address and then change again, but that might cause the case to transfer between the two offices, which is probably better to avoid if you can, especially since you are only moving for a temporary period. Take care, Jason
Dear Jason
I have my asylum interview in two weeks
Do you have to be fully vaccinated to let in or not! I got only two shot of pfizer not boosted?
Will they allow if im not boosted?
They should allow you in. They probably have some questions that you have to answer about your health, but those do not involve questions about vaccination status. Anyway, if you got the first two shots, you are basically vaccinated, and so you should have no problem (you can bring proof of vaccine status, but I have only had them ask for that once – when the person had answered one of their questions “yes”). Take care, Jason
Hello Everyone,
I have finally received the interview notice last week. The interview will take place in the new Tampa Office next week after a long wait since May 2014. I would like to know if someone on this group has had his/her interview on that office? or if anyone knows someone who has had the interview in Tampa? If so, I would like to know how it was, how the officer conducts the interview? If the person has received the decision, how it was? how long it takes to receive it? Any helpful information will be highly appreciate. I am so anxious about this…
Thanks in advance,
-JJ
I do not think I have had a case there, but all the offices are pretty similar. I did a post about the asylum interview on September 8, 2016 – maybe that would be of interest. Take care, Jason
Hello JJ.
How was your interview?
How long was it?
what did you do to prepare?
I have mine coming up soon.
hello
i have a question that i would like to ask you’all . i applied Refuge travel document in July last year still processing and nothing is changing sooner . now I have job that I get vacation so i wanted to use to visit my wife every year twice intill i get the us citizen passport . for the record i gain the LPR thru asylee so i can’t use my country passport . so can i fill anther one call re-entry permit while they are still processing the RTD and travel this year hopefully get in July and able to visited twice of an 1 month a vacation and the the re-entry will take again close to 1 year and then use that 2 or 3 more time and at that time in 2024 I’ll applied N400. i wish i did explain well 😊🤞
thank you
Once you get the RTD, it is valid for a year and you can travel and return as long as it is valid. If you do not have the RTD, you have to use your passport to travel, which can be a bad idea, especially if you fear your home government. The US government may ask why you used the passport from a country that wants to persecute you. This is much less of an issue for people who fear terrorists and not the government. If you have a GC, you can leave the US for up to 6 months and return with the GC and your passport. You can also get a Re-Entry Permit, which looks like a passport, but is not designed for that purpose (it is used only to re-enter the US, not visit other countries, though maybe some countries would accept it). Take care, Jason
Hello Jason
How can the respondent obtain a copy of the Judge’s decision?
Is it usually mailed? Or it has to be requested? And what is the procedure?
Thank you for your help
It is usually mailed or handed to the respondent’s lawyer or the respondent if there is no lawyer. Now-a-days, it is sometimes available on the EOIR Case Portal, which the lawyer can access. Otherwise, you can call the court or go there and ask for a copy – you can find their phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Dear jason
Im a parolee from Afghanistan got my got my interview scheduled in two weeks!
Will they provide interpreter on that day? How can I request for interpreter ? They sent list of language that if im fluent which my native is on that list “Dont Bring Interpreter “ so based on ur experience they have interpreter there already on my interview date! Its two weeks from now! Please suggest me some tips
They are giving priority to Afghans who have recently come to the US. They provide an interpreter for languages on their list and you cannot bring your own. I will say that we have not had a great experience with their Dari or Pashto interpreters, so be careful and listen to the interpretation carefully to make sure they are getting it right. And do not be afraid to say something if the interpretation is wrong. Take care, Jason
Hi Jason; hope all is well & thanks for your help. I’m looking to file a writ of mandamus for my asylum decision pending(5 years) I interviewed 5 attorneys in NYC area($8k to $15k) and most of them don’t have any clue about writ of mandamus; I recently find the experienced firm in Missouri($4,500) and positively hiring them for my case. I asked them if they will file a lawsuit against USCIS in U.S. District Court- Southern District of New York? And they’re response was “Yes we will probably file their with local counsel” is this means they would hire some local counsel in NYC to work & submit my lawsuit? Also do you think I would encounter any issue since they’re in Missouri and I’m here in NY?
A mandamus lawsuit has to be filed in federal court and the lawyer who files it must be admitted in that court. And so if the case is in NY, they have to have a lawyer with a bar admission to NY (they might also be able to use someone with Washington, DC, as that is where USCIS headquarters is located). So if the particular firm does not have a lawyer with the NY bar, they need to use one to file the case. This is pretty standard for lawyers, but it may entail additional costs and you might want to ask about that before you sign up. Take care, Jason
Thanks Jason for your quick reply; their contract is for $4,500 for everything; and they mentioned they will file suit on my behalf against USCIS in federal court & ask a federal judge to compel the government to decide my application for asylum & seeking relief in mandamus to compel action on behalf of the agency. When suit is filed, we serve a certified copy of the lawsuit on the government. They have 60 days to answer.
That sounds good – and $4500 sounds like a fair price. Good luck, Jason
Bardi, Jason wrote an article about Mandamus. He discussed the services provided by Attorney David Cleveland to our community who is experienced in this and is located in DC. I discussed my case with him and he was very thorough and understanding and his fee was also reasonable. I don’t know the blog you may need to find that.
The article was from October 2, 2018. I am not sure whether David still does mandamus cases, but his contact info is in the article about you can ask. Take care, Jason
Hello jason
Recently 90% of the people who applied for the GC based on asylum got their GC in 4-6 months only for the new applicants is that means a new lifo but this time for the GC? I see people who applied in 2019_2020 still waiting but the people applied 5-6 months ago most of them already got their greencards
Hey i know its sucks i my self applied 7 months i dont even know when will my GC will arrive
So have patience USCIS is inhuman
Hi there! Yes, it is a mess with the GC approvals now. Few recently got approved from TSC(including me). We sent a letter to USCIS back in December, reached put to media and an article was published about our struggles by Roll Call. Hopefully will see more movement. My receipt date was 10.14.19 and approved on 4.1.22. Join our chat of of about 350 Asylees sharing their experiences.
https://t.me/+JT8bQaUaOr5iMTcx
Link for the article: https://www.rollcall.com/2022/03/16/immigrants-with-asylum-put-lives-on-hold-over-green-card-waits/
Forgot to mention that ASAP has helped with the Article & reaching out to USCIS with our letter.
Best regards,
Pika
Sometimes publicity does help, so that is great. It would be nice if USCIS would just do its job in a more timely way, though. I do keep expecting things to improve. Hopefully, one day, they will. Take care, Jason
That has not been my clients’ experience, and so I am not sure where you got that statistic from. Take care, Jason
Hi Jason,
Do you have any ideas when USCIS will announce the automatic extension of EAD renewals to be 1 year instead of 6 months?
I do not know, but hopefully soon, as many people are suffering because of this. Take care, Jason
Liked this article from Paulina Sosa “The Regulatory Leash of the One Year Refugee Travel Document” discussing one year RTDs. Jason , I am an LPR via asylum and I find it very difficult to plan my international travels using the RTD.
Any upcoming pushed to extend its validity for more than one year or anything in the horizon that might improve this experience?
Also, if I apply for passport renewal from the embassy of my COP, could that be used against me by USCIS as evidence of fraud at any point?
Thanks
There was an effort in about 2007 or 2008 to expand the RTD to (I think) 5 years. I have been posting about that once in a while as well (for what that’s worth) and I do think USCIS is aware of the issue, so I am hopeful that they will make the RTD validity period longer. In terms of getting a passport from the COP, it can raise red flags with USCIS, and so you should be prepared to explain why you applied for the passport and why a country that wants to harm you would be willing to issue you a passport – this is easier to explain if you fear non-state actors as opposed to the government, but this issue came up in a trial I did last week and even though the person applied for a passport (from Syria), he did win asylum. Nevertheless, the DHS attorney cross examined him on this issue and it could have harmed his case if the judge wanted to use it against him. And so I recommend being careful about this, especially if you fear the home government. Take care, Jason
Thanks for your input. Regarding your Syrian client’s trial, did he/she fear the Syrian government or non-state actors? Even though the DHS attorney brought the issue up, do you think it was a big deal? Do you have experience with anyone who had their citizenship denied for using the COP passport to travel to a third neutral country? I am still waiting for my RTD (almost a year) and I am thinking if it is safe to use my COP passport (to travel to a third country) which is still valid and does not require renewal.
The person did fear the Syrian government and it was a factor in the case, though obviously not enough to cause him to lose. It was not a particularly strong case, and so if the judge had wanted to deny, he could have used the passport issue to help support that conclusion. I have had other clients use the passport without any problems, and I think the risk is relatively low. But it is not zero, and so it is best to avoid using the passport if possible. If you have to use it, you should at least be prepared to explain why, and why the government was willing to issue it to you (maybe the government issues passports as a matter of bureaucratic procedure, which is what we said about the Syrian passport). Take care, Jason
Thanks for the reply Jason. How about if you do not need to renew the passport? Is that less of an issue? My passport is still valid for many years ahead and by the time it expires, I will probably be eligible to apply for citizenship. Thanks
That would be one less thing to explain, so that is helpful. Nevertheless, you need to explain why you used the passport from a country that wants to harm you. I have had many clients do that and no one has had a problem. Even so, it is good to be prepared to explain, just in case. Take care, Jason
Jason, thank you for your response. Was your client an LPR? I don’t know if it’s the same if the person is LPR
The Syrian person? He was an asylum seeker. But I am not sure if that is who you are referring to. Take care, Jason
Dear Jason, thank you for all you do. Your blog posts and responses are soothing balm for several troubled minds. Thank you. I have a question about the asylum EAD Clock. There are two dates on the Receipt – the Received Date and the Notice Date. The Received Date is earlier than the Notice Date. For the purpose of determining eligibility to apply for EAD, do you start counting 150 days from the Received Date or from the Notice Date?
For purposes of the 150 day asylum clock, you start counting from the “received” date. Take care, Jason
Dear Jason,
I came to US back in 2015 at IAD airport, later I applied for asylum and won asylum.
although I have my I-94 which USCIS sent it to me when I won my asylum case. but I can’t pull out my I-94 online like I pull out my sister I-94 online. I have never been issued any I-94 at airport as well when I arrived. today I wanted to check to pull out mine I couldn’t pull out. wondering why im not in system.
Will that causes issues in future? although I have my stamped I-94 when I received asylum approval. is there anyway I can update CBP to update that? after all these years won’t that harm my case as im still waiting my green card ( pending).
Hi bro , in which year you won ur asylum case ? Thanks
Rayan
2020 August
I live in Virginia
If you follow the link under Resources called I-94 Locator, you can try that. But otherwise, you should not need the old I-94. I guess you might also try to request the I-94 using form I-102, available at http://www.uscis.gov, but that is expensive and again, I am not sure that you need it. Take care, Jason
Thank you!
You mean i dont need to apply for i-94 since i have one issued with my asylum approval! Is this enough
What happened if i apply again i want that to be accessible online?
You should only need your most recent I-94, and it sounds like that is the one from the asylum approval. You cannot get a copy of that online, and would have to file a FOIA to get it, I think. Take care, Jason
Thank you so much!
One last question to make sure I understand correctly!! Since i cant pull up my i-94 online but i do have one stamped by DHS with my approval!! And this is enough right?
So I shouldn’t worry if any government agency cant pull up online ? It will not causes any delay on green card step or citizenship?
I think so – you should be able to get your original I-94 online, but the current I-94 would be the asylum approval, which is all you should need to apply for the GC. Take care, Jason
Hi Jason,
If my asylum is granted, do I need to change my social security card with SSA? Or my pending asylum SSN still works?
Thank you
It is the same SSN, but you can contact the SS office to get an unrestricted SSN, which makes it easier to show eligibility to work (though, it should remain the same number, but it will no longer be “restricted”). Take care, Jason
I have a refugee travel document valid until March 2023 and will apply for my GC next month then i will fly overseas so is the refugee travel document will be valid to travel with even tho i would have a pending i-485? Or i need to get advance parole ?
Thanks in advance
RTD will be fine to travel and come back without any issue
If you have a valid RTD, you can use that to travel and return to the US. You do not need Advance Parole. Take care, Jason
I applied for EAD and got my receipt 01/18. I noticed my lawyer paid application fee 410 and biometric fee 85 because that’s what’s on the receipt. Will these cause my EAD to be denied? If an EAD is denied does it mean one has to apply again and start counting from day 1 again? Just confused Jason.
It depends on the basis for the EAD. If it is for asylum pending, I think the $85 should not be needed, but it depends on when the case was filed. If the fee is wrong, the application is normally rejected quickly and you can just re-file. You do not have to start counting 150 days again. Take care, Jason
Hello,
How long does immigration take to sent a EAD application notification? It’s been a month now, is there anyway I can call them and let them know that I work in healthcare service so they can expedite my application or that doesn’t work anymore.
Thank you
It is slow these days and probably takes 5 or 6 weeks, so you should have the receipt soon. In terms of expediting for healthcare workers, you have to meet certain other criteria, which I discuss in a blog post from January 29, 2022, so maybe check that post. Take care, Jason
Hello Attorney Jason,
Thanks so much for all you do.
The US has just designated Cameroon to TPS this morning. It is already on USCIS Website.
I am from Cameroon and applied for Asylum in the USA 4 years ago because my cousin started the Anglophone crisis in Cameroon. We were all targeted and persecuted.
=>My EAD is pending for close to 10 months now and I am still within the time frame which USCIS gave. Will this TPS designation affect my EAD?
=>Do I qualify to apply for TPS and if so how do I go about it please?
=>Is TPS good news for us Asylum seekers from Cameroon?
Thanks so much for your help.
Agbor
Asylum pending EADs are moving very slowly. The designation for TPS does not affect that. However, if you are a healthcare worker, you may be able to expedite the EAD – I wrote about that on January 29, 2022. Otherwise, maybe you can try to expedite for other reasons – I wrote about that on January 19, 2020. Whether you qualify for TPS, I do not know, but it sounds like you might. You have to check the uscis.gov website about Cameroonian TPS requirements. They may not be posted yet, but once they are, you can see whether you qualify. Whether TPS is good for asylum seekers, I do not know, but at least it shows that the US government recognizes that there is a problem in Cameroon, and so maybe that is positive news for asylum seekers. Take care, Jason
Hi Jason,
My case at BIA appeal stage. and recently I received BIA appeal order that “IJ make clear mistake and make a new decision ” about my case, In this regard IJ who made decision she transferred to another jurisdiction area. Can u plz advice me what I need to do in this point. plz help.
Thank you
zim
If the BIA found that the IJ made an error, the case should be returned to the IJ. If the IJ has moved, it may go to a different judge, but typically, the court will notify you about the next hearing date or maybe about a new decision being issued, depending on what the BIA said. You can call 800-898-7180 and enter your Alien number to see whether there is a new court date. Take care, Jason
Hi Zim,
May I know how long it took for BIA to decide your case? Also, did you go for interview at BIA or just documents were submitted?
Please let me know.
Dear Jason, a quick question please. I filed for an affirmative asylum sometime last year, and I am awaiting interview notice. My question is with respect to the EAD Clock. When I do status check on the USCIS website, it does not show me the EAD Asylum Clock or state the amount of time my asylum application has been pending. It simply just says “Next Step is an Interview” and so on. Is this normal? Am I supposed to see my EAD Clock on the status page?
The EAD clock used to be shown on the USCIS status check on uscis website but it was removed by uscis during trump govt. Now it does not show for everybody.
Jason can probably tell you how to check it.
I know of no way to see the clock for an affirmative asylum case. However, unless you caused a delay (by missing an appointment, for example), the clock should have started on the date your case was received by USCIS (the date on the receipt). If you wait 150 days after that date, you should be able to apply for an EAD. Take care, Jason
Thank you very much Oscar. Thank you very much for your response Jason, and for all you do. I have a follow-up question and would be grateful for your response. There are two dates on the receipt , the Received Date and the Notice Date, the Received Date earlier than the Notice Date. Do you start counting 150 days from the Received Date or from the Notice Date?
You start counting from the “received” date. Take care, Jason
Hello Mr Jason,
Thanks so much for your help to the Asylum community.
=>I am an Asylum seeker and my application has been pending for 3 years.
=>My EAD application has been pending for 320 days now and I am still to hear from USCIS
=>My EAD expired in November 2021 and my Employer will terminate my contract today because my EAD receipt expires today.
=>I tried to expediate using my Congressman and even presented evidence that I am a health care worker and it didn’t not work.
Question for you please.
1. Can I atleast do Lyft, DoorDash to make some money as I have 2 kids to take care of? Is this allowed please?
2. If my EAD application goes beyond one year,what else can I do sir?
Thanks so much in advance for your help and please put us in prayers. My mental health is so down.
1 – You cannot legally work without an EAD, but if you do work illegally, there is no effect on the asylum case and many people are forced to do that. Of course, it is difficult to get a job, but I do not know how carefully companies like Uber or Lyft check about immigration status. 2 – You can try the USCIS Ombudsman – a link is under Resources. But if you are a healthcare worker, many people have had good luck expediting on that basis – I did a post about that with some ideas on January 19, 2022 – maybe that would help. Take care, Jason
hi, first, I want to say a big thank you, your blog helped me through my asylum journey. God bless you. So I went for the GC interview, and there were no unnecessary questions. now, I have my GC, but it was not backdated, it’s written march 2022, got approved in 2019. Was this a mistake? Do I need to call them?
It is a mistake. You can call them about this at 800-375-5283. My sense is that this mistake is a pain to correct, and so you might just want to live with it, but it really depends on you. Certainly, it is a mistake and they should fix it. It is also concerning that this same mistake seems to be becoming more and more common. Take care, Jason
You need to file I90 to fix the error but the processing times now is 3.5 months to 15.5. Good luck!
Hi Everyone,
First of all, I want to thank Jason for all his support, answering my very many questions from day one. I’ve been following Jason when I applied for asylee in 2015 and just want to THANK YOU for your guidance, this blog and encouragement: to live life as though I have been approved! Today I am that proof!
Just got my GC! To God be the glory!!
Timeline:
Asylee approved March 2018
GC Application submitted March 2019 at TSC
Application transfered to Nebraska Jan 2022
Request for Evidence February 14
Sent back Medical Exam March 14
Request for evidence received by USCIS March 18
New Card is Produced April 4
Case Approved April 5
Received GC April 11
Three years waiting, and God ALWAYS makes a way! Best wishes everyone and Jason, I GREATLY APPRECIATE YOU!
Congratulations! And thank you for sharing the timeline. This was way too long, but at least it is done. Take care, Jason
hi, was your green card backdated?
I’am in immigration court now.if the judge approves my EOIR-42B case, my 21 old year usc daughter can still sponsor me for the i-130 . if it is possible for my daughter to sponsor me, the i-130 case would be faster to acquire the green card. thank you very much for your answer
If you are eligible, the I-130 process is easier and probably faster, and so your daughter may want to file that as soon as possible to get the process started. Once it is filed (or even before), you might ask whether the judge and DHS would agree to close your case so your daughter can file a petition for you. Take care, Jason
Jason
I’m sorry, I didn’t quite understand your answer.
my eoir-42b individual interview is in january 2023. my usc daughter will be 21 old years in april 2023 . if the judge approves my eoir -42b case in january 2023 . despite the approval of my eoir-42b by the judge in January 2023, I could still apply the i-130 in April 2023 when my daughter would be 21 years old ? thank you for your answer.
Jason
my main question is:
my daughter would be 21 years old (April 2023) at the time I have already finished my induvidual interview in January 2023. after my interview in January 2023, will she be able to fill the i-130 for me in April 2023 at the time of these 21 years in April 2023. whatever the result of my interview with eoir-42b? thank you
Why do you keep asking questions ?
Your pestering makes me want to deny your case as a matter of discretion if I were the judge…
@ASYLUM
you are not an asylum judge so shut your dumb mouth, he is not asking you anyways. Jacob is allowed to ask questions from Jason same as everybody else.
You could still apply for the I-130 in April when she is 21, as there may be a delay in getting the GC even if the EOIR-42B is approved. The judge may give you an idea about the time frame for the GC if the case is approved (you can ask the judge about this) and then you can decide whether it is worthwhile for your daughter to file the I-130. Also, if you are not confident about winning the EOIR-42B case, you can try to postpone the trial until your daughter is 21 and can file for you. Take care, Jason
Thanks you Jason and oscar .
Hello Jason.
I am a dependent on i485 based on asylum. Last month the principal received his GC but I still haven’t received mine. We sent both applications in the same envelope. Has someone ever experienced this and how long did they wait. Thank you for your help.
It is very common for two family members who filed together to receive their GCs at different times. As long as you have your receipt, you should be fine and hopefully will receive your GC soon. Take care, Jason
Looks like the message of the pending application is changed based on the eligibility of EAD after 150 days.
Hello Jason,
I filed for asylum in 2013. After 3 interviews, my asylum has been approved Nov 2019. Filed for I-485 in Nov 2020. USCIS sent the notice that they have received the case on Jan 2021. (Since a year and 3 month). My case in still with the National Benefit Center with inability to know their processing time (MSC is not listed on the website).
My questions:
1- Are you still estimating that the i-485 case might be processed within 2 years?
2- Is i-485 included in the new program of “Premium Processing”?
3- What are my channels/options to expedite rather than the Congressman, Senator, & Ombudsman Office?
Thank you very much for taking the time to read my message. I highly appreciate your response.
1 – Probably. We are seeing cases take 2 to 2.5 years for most people, though very recently, we’ve started to get some requests for evidence that make me think processing times may start to improve. 2 – As far as I know, it is not, at least for asylees, and in any case, that has not yet gone into effect. 3 – It is not easy, but I did a post about expediting on January 29, 2020 – maybe that would help. Take care, Jason