USCIS recently announced a unique program to assist Ukrainians affected by the current war. Called Uniting for Ukraine, the program “provides a pathway for Ukrainian citizens and their immediate family members who are outside the United States to come to the United States and stay temporarily in a two-year period of parole.” The program is unique in that the Ukrainian beneficiaries must be chosen by U.S.-based sponsors. The government will vet the sponsors “to ensure that they are able to financially support the individual whom they agree to support” and then start the process of bringing the chosen Ukrainian to the United States.
Here, we’ll look at why the U.S. government created this program and how it works.
The impetus for Uniting for Ukraine is, of course, the Russian invasion, which has killed thousands of innocent people and created millions of refugees. But why are we providing this benefit for Ukraine when we have not done something similar for other war-torn nations? And why are we allowing private citizens (or anyone else lawfully present in the U.S.) to serve as sponsors and effectively determine which Ukrainians will be allowed to come to the United States?
While the situation in Ukraine is a humanitarian disaster, it is hardly unprecedented. The Syria civil war has created about five million refugees, and there are–sadly–many more examples: Afghanistan (2.6 million refugees), South Sudan (2.2 million), and Myanmar (1.1 million), to name a few. According to UNHCR, as of mid-2021, there were about 84 million displaced people worldwide, and of those, 26.6 million meet the legal definition of “refugee.”
So why are we helping Ukrainians above all the others? The cynic might say that it is because Ukrainians are white, European, and Christian, and it’s difficult to argue against that point. But there are other reasons as well. Our national interests are tied more closely to Europe than to most other places, and the current crisis–in the heart of Europe–represents a strategic threat to our country. Also, Russia under Vladimir Putin has been a malevolent and destabilizing force in world affairs, and the need to confront and contain his aggression only increased with this latest conflict. Finally, the large majority of Ukrainian refugees have fled to European countries, and we need to support our allies and help carry this burden. So while there are reasons to be cynical about United for Ukraine, there are also legitimate aspects of the Ukrainian crisis that are unique when compared with other refugee emergencies.
One novel feature of UFU is that it allows people in the United States to directly select which Ukrainians will be brought to the U.S. (assuming the beneficiary clears the various security checks). On the positive side, this allows individuals to directly help people in need and to meaningfully participate in the refugee process. It also allows people in the U.S. to re-unite with their Ukrainian family members and friends, and ensures that those Ukrainians coming here will have a person to help get them settled. On the negative side, it seems a strange way to decide who needs help and–as usual–the most needy and least visible will be the least likely to benefit from the program. In addition, I can see a vast potential for fraud. Will Ukrainians overseas be paying sponsors in the U.S. to help them come here? Will UFU create an industry of middlemen to match Ukrainians with sponsors for a fee? Perhaps a thorough vetting process (of sponsors and beneficiaries) can mitigate these problems, but vetting takes resources–where will these come from, and will other U.S. government services be cut back in order to implement UFU? For all these questions, only time will tell.
Let’s say you want to sponsor someone from Ukraine. How do you go about it?
First, it seems to me that most people will not need a lawyer to assist with this process. It appears to be fairly simple and is well explained on the USCIS website.
In short, the sponsor must be in the United States. They can be a U.S. citizen, lawful permanent resident or other person with lawful status. The sponsor files one form I-134 (Declaration of Financial Support) for each beneficiary. After the form is filed, USCIS will review it and the evidence (proof of lawful status in the U.S., employment, financial resources, taxes, etc.) to be sure that the sponsor has the financial means to support the beneficiary. If the sponsor meets the required criteria, USCIS will contact the beneficiary by email to start the second part of the process.
Beneficiaries must be Ukrainian citizens who resided in Ukraine prior to the start of hostilities. If the Ukrainian beneficiary has immediate family members who are not Ukrainian, they may be included as well. Ukrainians who are already in the U.S. are not eligible for UFU, though most would be eligible for Temporary Protected Status. In additional, unaccompanied children are not eligible for UFU, though if they arrive in the U.S., there is a process for them to remain here lawfully.
After USCIS contacts the beneficiaries, they will need to confirm their biographic details, family relationships, and vaccination status. They will then be subject to a security background check, and assuming there are no issues, beneficiaries will receive authorization to travel to the U.S. How long this process will take, we do not know. According to DHS, “the process will be fairly quick, but DHS cannot say definitively how long the process will take.”
The sponsor is supposed to meet the beneficiary at the airport and help them get settled in the United States (though I do not see any enforcement mechanism for sponsors who fail to fulfill their responsibilities). Once they arrive in the U.S., beneficiaries can apply for work authorization, and hopefully those applications will be processed quickly. Beneficiaries will be permitted to remain in the U.S. for two years, but presumably this time frame could be extended depending on conditions in Ukraine. Also, if the new arrivals have some way to remain here permanently (family or employer petition, DV lottery, etc.), they could pursue that option. They could also apply for asylum, though as I have written before, most Ukrainians would likely have a difficult time satisfying the legal requirements for that form of protection (asylum eligibility can be tricky, so talk to a lawyer if this is a consideration).
While I am skeptical of anything the U.S. government tries these days, it will be interesting to see how UFU plays out. At it’s best, it is a unique way to assist people in need and to involve ordinary Americans in the process. Perhaps this new model of humanitarian protection will prove effective at helping Ukrainians and furthering our own national interests. Here’s hoping.
Hello Jason:
My mother is going to come to USA with approved Travel Authorization under program “Uniting for Ukrainian”. The program tells that travels must have Measles, Polio and Covid. My mom attested that she does not have Measles (she was born prior 1957 and it is not required for her). Also, she attests that she was vaccinated against Polio and that she doesn’t has Covid 19 vaccine because the vaccine was not approved and it was not licensed for her age group. What document does she need to represent at airport? What must the notice from doctor consist for Polio and Covid 19? Does she need Covid test? And for Covid 19 she attests that she will get Covid vaccination in 14 days after arriving to USA. I am really worried about her travel because she has other issues with health and want to avoid any troubles during this trip. Thank you for all your help!
This is not something I know much about. But for an immigration visa (and I am not sure it is the same for UFU cases), there is a designated physician who does the medical exam. You have to go to the US embassy web page for the country where your mother is located, look at the part that discusses immigrant visas, and find the physician. Maybe if you contact that person’s office, they can assist with the UFU medical exam. The problem is that I do not know whether it is the same exam for UFU people and for other immigrants, so I am not sure whether that doctor is the right person to talk to. Anyway, I guess if they are not the correct person, they can let you know. You can also try emailing the consular section of the embassy directly. If none of that helps, I think you will need to talk to a lawyer who is doing these types of cases. Take care, Jason
Hello Jason:
I am waiting for asylum interview 7 years. So, I do not have any status. Can you please advise who is better candidate to fill out Form I-134 to USCIS for my parents? American citizens (friends) or me? Thank you for all your help!
I am not certain, but I think you need to have a permanent status in the US to sponsor someone using form I-134. The instructions should say who is eligible to be a financial sponsor. Take care, Jason
Hi I have been waiting for master hearing for one year is there anyway I could expedite or directly go for individual hearing
You can try – I did a post about this on April 20, 2017. Take care, Jason
Hi Jason,
I hope you’re doing well.
I contacted ombudsman in March-April regarding interview expedite request. They replied with “your case has been placed in USCIS’ interview scheduling queue.” Etc email. And suggested to wait 90 days and contact asylum office/USCIS again if nothing happens. It’s been a month, nothing my case status hasn’t changed yet. Do you think this email means anything or should I try to contact my representative too?
Thank you
It’s up to you, but if they told you 90 days, I guess you can wait 90 days and if there is news, you can contact the Asylum Office directly and include a copy of your communications with the Ombudsman. But I doubt there is any harm in contacting your Congressperson as well – if you do that, let them know about your other efforts so everyone is on the same page. Take care, Jason
I already have a GC from asylum
Hello Jason and everyone
I do have an asylum based on fgm where I dear a community and not the govt
How advisable is to travel without RTD or visit COP
I had an RTD before but now thinking of not renewing it
It is probably ok to travel with your passport and return with the GC, since you do not fear the government. However, traveling to the COP may be an issue. I wrote about that on January 6, 2016 – maybe that article will help. Take care, Jason
https://www.latimes.com/california/story/2022-05-10/report-immigration-officials-spying-on-majority-of-americans?_amp=true
I feel like I haven already been saying that…
“As a result, anyone’s information can end up in the hands of immigration enforcement simply because they’ve applied for driver’s licenses, driven on the roads or signed up with their local utilities to get access to heat, water and electricity.”
Some of my comments below echoed this sentiment.
It’s not surprising and seems the natural result of an agency that has little oversight. Also, the excuse of going after “aliens” has proved very effective to allow ICE to increase its power. No one cares about aliens, including Congress, and so few have paid attention to how ICE operates. Hopefully, this report will spur better oversight of the agency. Take care, Jason
Hi. I am Asylee and got GC. My all family here and only my a son over 21 y is in my native country. I want to file i-131 petition for him to bring him in usa. I live i n Texas. Now i checked online and saw that process time in TCS is 7.5 months. is it true?
Or which office is fast where i do file application for him?
Thank you.
If your son was under 21 when you filed for asylum, and you were granted asylum within the last two years, and if your son is unmarried, you should be able to file an I-730 for him, available at http://www.uscis.gov. Otherwise, you can file an I-130 to bring him here with a GC, assuming he is unmarried, but that process takes years (you can Google “DOS visa bulletin” to see the wait times). The I-131 is for humanitarian parole, and those cases seem not to be working at all. Maybe you want to talk to a lawyer about the specifics of the case, as maybe there is an easier way to bring him here (for example, if he is Ukrainian as discussed in the above article). Take care, Jason
Hi Jason,
I am a GC holder through asylum and trying to apply for a RTD. The expiration date for the application form in their website already got expired on 4/30/2022 and they haven’t provided a new one yet. Will that be an issue if I still use it? My husband and our children are not an Asylee but they’re my derivatives. Do my they still need to have RTD even if they have a valid passport of our country? I appreciate your help.
Hi- Jason will respond soon. Please wait for his response.
If there is no new form uploaded yet, you should go ahead and use the form that’s available. If you want to be extra cautious, you can write a cover letter explaining that a new form is not available on their website (though I don’t think this would be necessary). If USCIS uploads a new form after you submitted the application and they want you to do over the application, they’ll definitely inform. I doubt that they’ll make you resubmit the application, however. In any event, you should go ahead and submit the application so the process can start. If you want to wait, that’s also an option.
If that is the form edition on the http://www.uscis.gov website, that should be fine – you can check on the I-131 web page where it says Edition Date. As for your derivative family members, they can probably use their passports as long as they have GCs to re-enter the US, but it is always better to use the RTD. This is especially true if your asylum case indicated that your whole family was under threat from the home government. Take care, Jason
Thank you, Jason and Jimmie. Unfortunately, my derivates do not have their green card yet. Will it make it tougher if they travel to a third country with just their passport (no green card and no RTD)? As you said, having RTD is safe but I was thinking at least they could take part in the special event travel in case my RTD got delayed.
Unless they have an RTD, I do not know how they can easily re-enter the US. I think they should not travel outside the US unless they have valid RTDs. Take care, Jason
Dear Jason
Im a family of 7 , im planning to apply for asylum,
My two daughters who are above 21 and are single and living with me? My question is that can include my child who are above 21 in my asylum application?
And on interview day who will be interviewed( me only as principal applicant) or my wife and my other child who are under 18 years old
Appreciate your thoughts
You cannot include a child in your application if the child is over 21 years old. They have to file their own applications. When we have this situation, we prepare separate packets for each child and the parent, and we mail everything in one envelope. The hope is that everyone will be interviewed on the same day, but if there are 3 cases (parent + dependents for one case and two adult daughters, each with their own case), it is likely that all the interviews will not occur on the same day, or at least not with the same officer since (I think) officers do not do more than 2 interviews per day. So basically, each of the three principals must submit a complete case and each will have their own interview. Take care, Jason
Hi Jason and All,
Do you know how long in advance before the current RTD expires I can apply for a new RTD?
Can I just send a copy of the current RTD for the new one?
Any links and also stories would be appreciated.
I think there is no time limit, but the instructions are clear that if you file to renew the RTD and your current RTD is valid, you should mail the original RTD to USCIS with your application. I have heard of people not sending the original and just sending a copy, but I do not know how that is working out. Given that the process takes 10 or 11 months, it is extremely inconvenient and hopefully USCIS will extend the validity of that document to make life easier for people. Take care, Jason
Hi Jason- thanks for your response. I submitted a renewal RTD application and did not include the original RTD. The original RTD was still valid when I submitted the renewal application. USCIS accepted the copy of the bio page. I suppose it depends on who reviews the application. USCIS can be inconsistent so if the applicant wants to be on the safe side, s/he can submit the old RTD with the application.
I am not surprised it worked, but I would also not be surprised if it did not work. Also, the instructions are clear that you have to submit the original RTD if it is still valid. Anyway, I think people can try to submit a copy and hopefully, that will work. Take care, Jason
Hi Jason,
I have an asylum-based green card. I understand it is recommended to have RTD in order to travel abroad. My question is that can green card holders still use their passport of country of origin to travel if needed? I am from Afghanistan and have a passport before the pro-US government collapsed.
Thanks.
I doubt that would be an issue, since my guess is that you did not fear the prior government. As long as that is the case, you should not have any major issues using the passport and the GC. However, if you received asylum due to persecution by the old government, it is probably better to have the RTD, and of course, in general, it is better to have the RTD, as it avoid any hassles at the airport. The problem is, it takes a long time to get the RTD and it is only valid for a year. For this reason, many people use their passports, which is not ideal, and for some (those who fear the home government), can lead to trouble. Take care, Jason
Hi Jason,
I’m a derivative asylee and my asylum-based green card application is pending from December last year. If my employer support me for employment-based green card, will that be a complicated process than asylum GC? Which of them could be the better option at this time? Does it a long time to switch between the two applications?
You can do both, but that seems a real waste of money. If the asylum-based GC is already pending, that will probably be the faster path unless you are eligible for premium processing (EB1 and some EB2 cases). Take care, Jason
Dear Jason,
Today my sister completed her asylum interview in Arlington va, she came here from Afghanistan the new evacuee, got my interview in two weeks
Interview was great only, only one part was very unclear She wasn’t expect prepared about that question!
She traveled a couple times travel to pakistan in 2019 , but bt she in interview she mentioned she had travelled one time while there was many multiple entry due because in 30 days there was a rule to get out of Pakistan and came back , since asylum office had the copy of her passport and visa , she hardly remember that part! She end up said two times explaining pakistan rule, while when after interview she noticed thst there four entry back and forth!
This is the only inconsistent part!
What do you think will happen if they take it serious as number of entries was inconsistent?
She worry alot ! She has given a paper that her decision will be mailed? What do you think will happen?
Was your sister admitted into the US using visa or her electric bill ? In my home town here a couple of Afghan evacuees have shown their electric bills at kabul airport and they were allowed to sit on the wings of the plan. I suppose electric bill is accepted as a valid travel document in lieu of passport.
I can’t quite tell the problem – maybe she did not mention all her trips to Pakistan? If she is worried about it, she could email the asylum office with clarification and any evidence that she think might help. You can find their email if you follow the link under Resources called Asylum Office Locator. I cannot tell if this is a big deal or not, but if you think it may be, I suppose it would not hurt to email them to clarify. Take care, Jason
Hello,
Thanks everyone here and specially Jason for helping out we needy and poor people.
Sharing my experience about the driver license. On 05/04/2022 I went to DMV located in bay-area California, the lady at the door denied me to enter since my EAD expired somehow I could how managed to explain and she called someone who allows me to be in office. My number came in windows and person sitting keep explaining cannot renew my DL as my last license was also on extension, at-last after wasting 15 minutes I could again managed to get him understand what I am expecting to explain. Afterword’s he told me that he is going to discuss with the manger and call me again. My turn came in to another window, now here she is explaining cannot renew license we do-not have any information about this and finally spoke to Sacramento office and told me to return back after 4-5 days once they will receive confirmation from USCIS.
I thought to call legal presence team at Sacramento office which I did. The girl over the phone was very nice lots of patience in her voice seems very helping. Over the conversation on the phone she told me that she is going to call DHS to check my physical legal presence which she did in 3 minutes and explained me that am good till Jan 2023( added 540 days) and over the phone she told me that she is sending me an email for DL renewal form which I filed and sent back to her in 5 minutes.
Next morning at 9 AM I got email from her confirming that your DL card is finalized and issued, you should be receiving the card in the mail in 2-3weeks.
I think there will be a period of time while the DMVs learn about the new rules. Hopefully, once that is sorted out, things will move more smoothly. Take care, Jason
Hi, kool. Thank you for sharing your experience.
I have 2 questions I want to follow up.
First, why do they need your EAD ? and make decisions based on that ? Because shouldn’t it be, as long as you are lawfully present (or not even), you should be able to drive a car ? There are also 11 million unlawfully present people in the United States, I bet some of them have driver licenses ??? Like, if even they can get those…why are you required of so many documents ?
Second, why do you want a driver license ? I am wary of sharing my information to too many government agencies because of privacy reasons.
https://publicintegrity.org/inequality-poverty-opportunity/immigration/undocumented-immigrants-licenses-ice-data/
Aren’t you worried that some how other federal govt agencies could gain your data ? I don’t have a driver license or state id and feel comfortable doing so.
“Questions”, your “questions” don’t make any sense. You aren’t making sense. When you apply for asylum, you share more information with the federal government that you do with the DMV. Kool is an asylum applicant. This means that the federal government already has all the information it needs on Kool. What do you mean by why the person wants a driver’s license? What do people do with driver’s licenses? Are you for real?
A driver’s license is issued by the state. Each state has its own requirements when it comes to driver’s license and state ID eligibility. The 11 million undocumented immigrants is a federal issue. These 11 million people are spread across the country, and based on the state they live in, they’ll need to satisfy that state’s DMV requirements for driver’s licenses/state IDs. Kool’s issue was with a particular DMV in California. The 11 mil undocumented immigrants in the US has no bearing on what Kool shared here.
“… than you do with the DMV.”
I mean I am just curious…I still don’t understand why does a person HAVE to get a driver license…
Isn’t bus enough for commuting purposes ?
Dear Questions,
I need a driver license so badly! The city where I live only have limited time for public transport. The bus work from 5Am to 11pm only. I leave work at 12am and thus I need to drive to work. If I don’t show up in 5 minutes my employer will put one negative mark on me. 5 negative marks will be also being fired!! If you really know about US public transport you should never asked this questions Mr. Dear Questions😕
I guess I am lucky to be able to live in a big city ~
@Questions / Asylum Seeker
Of course you don’t understand. We have been saying for a long time that you are mentally handicapped / challenged. Don’t stress yourself too much about it. We understand how dumb you are.
Hi Jason,
My driver licence expires in a month (my EAD expiration date). I have applied for the renewal and received 180 days extension letter. and now I heard that the extension time is increased to 1.5 year. Can extend my driving licence using the automatic extension letter for 180 days or 1.5 year?
The info about the automatic extension is here https://www.uscis.gov/eadautoextend. This would apply to you (and everyone who has the 180-day extension) and it should be accepted by the DMV. We had one person comment here that they were able to get the license extended, though it took like 4 or 5 hours at the DMV (which is maybe 15 minutes more than it takes me at the DMV, so it’s not so bad). Take care, Jason
I got mine in 15 min in DFW
Hello Jason
A friend’s father applied i130 for his brother years ago and it got approved and interview was scheduled but covid happened and then the sibling died..now what will happen to the other family members (his wife and children) who were included in the application?
TIA
This is not something I know much about, sorry. They should find a lawyer to help them determine whether there is any way dependent family members can benefit from the I-130. Maybe the instructions to the I-130, available at http://www.uscis.gov, discuss this situation as well. Take care, Jason
Hello Jason,
As a person that grew up in war, I am happy that the US government does care for Ukrainians and I believe because they are white people not like me that have been waiting for a decision for 6 years after interview. I hate racism because I always view it like a sin but I cannot understand how the process can be fairly quick for Europeans but extremely slow for people from shithole countries? All this process is not but disgusting. I cannot understand how this country that can tell you how many times you used the bathroom all your life can take over 6 years to do background checks on people like me. Good luck to Ukrainians as I feel bad for them
Hi Jason,
It’s been a long time since I visited this webpage. I’m not sure if you remember my profile. Anyway, I wanted to share the good news. Last month, my I-458 application for permanent residency was approved. I cannot describe how happy I am right now.
Before I share my timeline, I wanted to say thank you. When I started my journey as an Asylee (which is not over btw) in 2014, most cases where interviewed and decided within 6 months. Most green cards applications took 3 months. I stayed in the queue, waited for an interview for about 2 years while I experienced depression due to the what is called backlog but in reality should be called black hole. I finally was interviewed in 2016. The decision came relatively quickly after 4 months. This time I avoided the 2nd backlog. Then after 1 year of physical presence, I was hit hard with financial turbulence and I was not able to submit my application for a green card. I waited 2 years to finally submit the application in January. My case went to Texas Service Center. This was one of the worst phases of my life. I watched the election of Donald Trump as the new POTUS and the degradation of immigration system overall. Not to mention the demagoguery directed at immigrants. I quickly understood that I needed to do whatever I could to stop this movement by volunteering to the Biden Campaign or any progressive for that matter. After the election of Joe Biden, I had so much hope the services will get better especially at USCIS; which seemed to have completely changed its stance on immigration despite its vertu signaling. I wanted 3 years in TSC black hole until my case was transferred to NBC. I am very thankful to now call this place my residence but I am convinced nobody should have to wait this long to get a decision. I only think the Biden administration has good intentions but it’s taking too long for people who suffer in the backlogs.
This page was my refuge when I was feeling down. I was able to exchange with a lot of amazing people. @Tina, @Jamie, you, and even @Asylee Seeker (even though I disagree with his political stance) to name a few.
Thank you Jason,
Application for Asylum filed: 2014
Asylum approved July 2016
Filed for GC January 2019 TSC
Transferred to NBC January 2022.
GC Approved April 2022
Hi Cordy, congrats! Finally! I am so happy for you. Hopefully you were able to get back on your feet financially. Good luck with all your endeavors.
Cordy,
I can say with no reservations that you are one of my favorite persons on this blog.
When you disagree, you still remain respectful.
When you argue, you do so with facts.
Even when you are upset, you still manage to be so nice, not like me🤣🤣🤣. “Asylum Seeker”, correct?
I AM SUPER EXCITED FOR YOU.
I just got off a stressful day at work, and this news changed my entire mood.
Congrats, and don’t run from here.
It has been good news galore on here lately.
I was so happy to hear about the new EAD extension. Yay!!!!!
“good news galore” – don’t jinx us!
Hey Jamie,
Yes, things are looking a lot better. Gone are the days of sleepless nights where you worry so much about tomorrow. I was able to get back on my feet when I got my new job.
Thanks a lot!
Cordy, wonderful! Glad to hear that things are now working out for you.
Great news – Thank you and thank you for sharing. I also agree with your evaluation of the Biden Administration. They want to improve things, but so far, at least as far as my clients are concerned, it is worse now than under Trump. I keep expecting to turn the corner and start seeing some improvements, but so far, things are not going well. Take care, Jason
Hey Cordy,
By NBC, do you mean National Benefit Center?
Yes Tina. National Benefit Center. Once my case was transferred there, things started to accelerate exponentially. I consider myself a victim of Texas Service Center.
Always nice to talk to you. Yes, I will come hang around here from time to time 😉.
Take care,
Hello Jason
After waiting for many years I will have an individual hearing at Baltimore court next month. What is the current approval rate
It varies by judge – you can Google “TRAC Immigration” and try to find your judge, though not all judges are listed there. In any event, these approval ratings are not incredibly helpful – it is more important to focus on preparing a strong cases and practicing your testimony. Good luck, Jason
Hello,
I renewed my driving license based on this 540 days extension.
My 180 days expired in January. Yesterday I visited DMV and showed my receipt, expired EAD and USCIS official announcement(printed from their website). I was the first one there so they reach out to their head office they sent few emails, phone calls and it took 4 to 5 hours to get the confirmation and then they call me to come and pick my license receipt.
Khan, thanks for sharing. This is good news.
Impressive (that you did it; not that it took them 5 hours). I am glad that worked and I hope other DMVs are that responsive (but hopefully faster once they see what is happening). Take care, Jason
Hello Jason,
Thanks for all you do. Please I need your wisdom in this matter.
* I applied for a renewal of my C8 EAD in June 2021 and got a receipt which extended it to April 27,2022.
*My Company put me on Unpaid Leave of Absence.
*On 04/29/2022,USCIS updated my case to ” Your form I 765 has been approved and are printing your card”.
*When I contacted my company that my EAD had been approved and also with USCIS’s decision to extend all receipts by 540 days, the legal officer told HR that I can not return to work till my card has been printed. She said My case is no longer a renewal case and didn’t fall within that category from yesterday’s Decision from USCIS.
1. From your experience, how long does it take USCIS to print a card from when the Status reads ” We have approved your form I 765 and your card is being produced”?
2. Can I sue my company for failing to respect USCIS’s decision and leaving me out of work?
Thanks so much Jason
1 – I would expect you will receive it in the next week or so. 2 – Probably, as it seems quite clear that the new rule applies to people in your situation. In fact, when you read the USCIS statement on the rule (https://www.uscis.gov/eadautoextend), it is specifically mentions that it applies to people whose cards have already expired (If you filed a Form I-765 renewal application before May 4, 2022, you should have received a Form I-797C Notice of Action receipt notice that describes the automatic extension period of up to 180 days. You will not receive a new I-797C receipt notice reflecting the increased employment authorization and/or EAD automatic extension period. However, Form I-797C receipt notices that refer to an up to 180-day automatic extension will still meet the regulatory requirements for completing Form I-9, including if your 180-day automatic extension expired prior to May 4, 2022.). Maybe if you show them this web page, they will allow you to return to work. If not, you can talk to an employment lawyer about whether they may be liable for unlawful termination. Take care, Jason
Hi John, I am sorry about your experience.
I also think that you clearly has the right to continue to work there.
But, the issue is, it seems to me that apparently that the employer would prefer not to handle complicated/unstable employment authorization like you. If you force your return there, I mean through legal means or whatever, would you worry about retaliation or adverse action from the employer ?
And I am sure that the employer will have their legal counsel to make it look like their action is somehow justified…
Hi John.
Don’t worry, the same thing happened to me.
And I got the EAD after 5 days.(by mail)
Good luck 👍
Hello Jason,
My AED was receipt a couple of days after expiration. Received July 1 2021 and expired June 19 2021. Based on your experience, would you think I qualify for the auto extension recently approved? I got a receipt letter last year but that was it.
Hi Jason, my EAD was filed a couple of days after my card expired in June 2021. I received a receipt letter dated July 1st 2021, and nothing since. Based on your experience, would you think I qualify for the extension they have recently approved for 540? Days?
One requirement for the automatic extension is that you filed your EAD renewal before the old card expired (see https://www.uscis.gov/eadautoextend). However, USCIS does not seem to be paying attention to this requirement, and if your receipt indicates that you have the 180-day extension, you should be able to claim the 540-day extension, even if technically you were not eligible for either extension. Take care, Jason
The receipt I got only had the general response of “if timely filed”…timing was hard last year with COVID and I don’t know if that’s considered timely or not. Like if you get a different response if the renewal was filed late.
It sounds to me like the renewal was filed after the EAD expired, which technically makes you ineligible for the 540-day extension (or the old 180-day extension). However, it seems like USCIS is not paying attention to this requirement, and so maybe you can rely on the automatic extension with your employer and the DMV. I am not sure, but certainly you can present the documents and see what happens. Take care, Jason
I also have a slight issue with that. Shouldn’t the U.S. first resolve crisis in the west hemisphere ? like…mexico, northern triangle countries ? Although I agree with them help Ukraine. But I really believe that the U.S. should not take in asylum seekers from Eastern Hemisphere anymore. There are other countries in the eastern hemisphere, asylum seekers from eastern hemisphere, please go there. Don’t cross ocean please…
Hello Jason,
Thanks for giving us this platform to bring our questions and frustrations here to get an answer and encouragement. I got my asylum approved a couple of years ago and recently got my GC. I was one of the most active follower of your blogs and benefited a lot throughout the entire tiresome process. You’re our super hero. Now, I came up with a question after a long while. Me and my family wanted to travel somewhere outside the US (but not to the country where we came from) and going to send our request for a travel document. Both my wife and our children are a derivative under my asylum and they do have a valid passport of our origin country. Do they still need to apply for a travel document to travel to a third country or I need to apply only for myself? I appreciate your usual help and guidance here!
It is probably fine for them to use their passports. The only way I can see that being a problem is if your asylum application indicated that the government wanted to persecute your family members too. In that case, they made need to explain why they used a passport from a country that wants to harm them. Take care, Jason
Good morning sir. Can I file form I-730 petition for my spouse If she was not included in my asylum form. But we are genuinely married for some reasons i didn’t include her in my form and she’s living in a foreign country thank you.
If you were married at the time asylum was approved, but it will be a problem that you did not list her on the form. I recommend you talk to a lawyer to see how to approach this. Take care, Jason
Hello,
I’ve read an article about 540 days automatic extension in USCIS website. My EAD has expired in August 2021 and 180 days expired in February 2022. I have applied in May 2021.
Will they send me a paper notification?
If not, How can I apply for a job?
Would you please provide us an article or just a detailed response for this?
Kindest regards
As far as I know, they will not send a new receipt – you have to rely on the USCIS web page: https://www.uscis.gov/eadautoextend, which indicates all the c-8 renewals are extended to 540 days. Take care, Jason