A new rule in the federal register has temporarily increased the automatic extension period for Employment Authorization Documents (“EADs”) for asylum seekers and others from 180 days to 540 days. The 540-day extension applies to anyone with a pending EAD renewal, even those whose EAD and 180-day extension have already expired. This means that all asylum seekers with timely-filed renewals are able to work lawfully for 540 days beyond the expiration date on their current EAD card.
Starting on May 4, 2022, EAD receipts for certain categories–including c-8, asylum pending–will list the 540-day extension on the receipt itself. USCIS has also updated its website to reflect that EAD receipts listing the 180-day extension have been extended by an additional 360 days, to 540 days total. USCIS will not be sending out new receipts, and so if you need proof of the automatic extension for your employer or the DMV, you can show them this web page. In order to qualify for the automatic extension, you must file to renew your current EAD before it expires.
USCIS has neatly explained the reasoning behind this extension–
Operational challenges, exacerbated by the emergency measures USCIS employed to maintain its operations through the height of the COVID-19 pandemic in 2020, which greatly affected operations and staffing, combined with a sudden increase in Form I-765 filings, have resulted in processing times for Form I-765 increasing to such a level that the 180-day automatic extension period for Form I-765 renewal applicants’ employment authorization and/or EADs is temporarily insufficient. For some applicants, the extension has already expired, while for many others, it is in imminent danger of expiring. As a result, renewal applicants are losing their jobs and employers suddenly are faced with finding replacement workers during a time when the U.S. economy is experiencing more job openings than available workers.
DHS has determined that it is imperative to immediately increase the automatic extension period of employment authorization and/or EADs for eligible Form I-765 renewal applicants for a temporary period. This temporary increase to the automatic extension period will avoid the immediate harm that otherwise would affect tens of thousands of EAD renewal applicants and their U.S. employers in those cases where USCIS is unable to process applicants’ EAD renewal applications before the end of the current 180-day automatic extension period.
USCIS is already taking steps to more permanently address its backlogs for EAD applications and other form types, and this temporary increase will provide a temporary extension while USCIS works to return to pre-pandemic processing times.
In other words, USCIS is processing EAD renewals too slowly and in order to prevent people from losing their jobs, it will temporarily increase the automatic extension period to 540 days. This should benefit noncitizens as well as their employers. Without the additional time, USCIS has estimated that as many as 375,000 people would lose their EADs in the next 18 months. I am actually surprised this number is so low, given that nearly 800,000 people are waiting in the affirmative asylum backlog, 1.7 million people have cases in Immigration Court (probably the majority are asylum seekers), and many other people have EADs based on categories that qualify for the new 540-day extension. Regardless, it’s clear that many tens of thousands of people will benefit from this new rule.
USCIS has also announced some additional positive developments related to asylum-pending EADs.
- All asylum seekers are eligible to apply for their EAD after 150 days (not 365 days), unless they cause a delay in processing by missing an interview or a biometrics appointment.
- Asylum seekers do not have to pay the $85 biometric fee when they apply for an EAD, so the total fee is (currently) $410. If you send the fee + the biometric fee, USCIS may reject your application.
- Asylum seekers do not need to answer questions on the I-765 about whether they entered the U.S. lawfully through a point of entry. According to USCIS, “You are no longer barred from receiving employment authorization based on your asylum application if you entered or attempted to enter the United States between ports of entry. Therefore, you do not need to answer Questions 30b.–g. on Form I-765.”
- “Asylum seekers who file asylum applications after the 1-year filing deadline are no longer barred from receiving an EAD based on a pending asylum application.”
- Asylum seekers who committed certain criminal acts or who have certain convictions are no longer barred from obtaining an EAD. However, people who have been convicted of an aggravated felony are still ineligible for an EAD.
- Also, the “30-day processing requirement has been reinstated for initial employment authorization requests based on a pending asylum application.” If this actually goes into effect as promised, USCIS will process initial EAD applications for asylum seekers within 30 days.
For those who already have EADs and who are denied asylum, the EAD will no longer be immediately invalidated. It will remain valid for 60 days after asylum is denied. This is presumably to allow the applicants time to wrap up their affairs and depart the United States in an orderly way.
For those who are denied asylum at the Board of Immigration Appeals and who file a petition for review in a federal court, they are now permitted to renew their EAD while the petition is pending. Until now, such people were usually unable to renew their EADs, which made it more difficult to challenge a BIA decision in federal court.
Keep in mind that to obtain an EAD based on asylum pending, you have to wait 180 days after the I-589 is filed (the law requires you to wait 180 days before USCIS can issue the EAD, though you are permitted to file the I-765 after 150 days). If you cause a delay in your case by postponing the interview or missing an appointment, it will delay or stop the “Asylum Clock,” which could prevent you from getting an EAD. Also, if you move and this causes your case to transfer to a different Asylum Office, this may be considered applicant-caused delay, which could prevent you from receiving an EAD (once you have reached 180 days on the Clock, any delay you cause has no effect on EAD eligibility).
Also, for those renewing their EADs, remember that to benefit from the 540-day automatic extension, you must file to renew your EAD before it expires. The soonest you can file to renew is 180 days before the old card expires (do not file earlier than that, as USCIS will likely reject the application).
It is nice to have some good news to report, and these change will help many people. Thank you to USCIS for addressing this important need!
Hi Jason please I need help with the USCIS phone call, for some reason I can’t get to speak to someone because the machine take me to a different section. Please how can I connect to a real person on phone on the USCIS call. Thank you
I do not have any tricks, since I almost never call (because it is so difficult and time consuming to reach a person). Sometimes, if you say “Info Pass” it might get you to a person more quickly. You can also use the USCIS virtual assistant, Emma, or try USCIS Help – there is a link under Resources. Take care, Jason
Hi Jason,
This may be slightly off topic, but I will be happy to hear your comment. I am on J-1 and applied for asylum. I have no work permit. I enrolled for a summer internship program. I will not receive any payment, but I will have housing and meals provided. Does this violate my status, or does it harm my asylum application, as being an offense or a crime against law? I though it does not, as I am not being paid. Nevertheless, I do not want to do anything risking my EAD application or asylum application generally. Thank you for your help.
I do not see how this would have any effect on the asylum case – even if you work without permission, it generally has no effect on an asylum case, and this type of internship could be done lawfully if you were here on a B (visitor) visa. I also do not see how it could affect an EAD application, since it is not unlawful work and even if it was, I have never seen that block or delay a person from getting an EAD. Take care, Jason
[…] positive change is the automatic 540-day EAD (Employment Authorization Document) extension. I wrote about this in May 2022 when it went into effect. As a result, work eligibility was restored for […]
Good morning Jason,
Thank you for all you do. I filed to renew my employment authorization document based on a pending asylum in January 2023 and I have still not received a receipt notice in the mail. According to my bank, the check was converted electronically and due to that there is no receipt number provided by USCIS. My document expires soon and all effort to reach out to USCIS has not been successful. My question is, can I refile online so I can get an electronic receipt and an extension, I can’t afford to loose my current job. Thanks
See if you can get a copy of your cashed check – sometimes, USCIS stamps the receipt number on the back. If you have that, you can then check your status online or use it to open an online USCIS account. I do not know whether filing again will cause a mess, and I suspect it is a bad idea. On the other hand, the system may not let you file if an application is already pending and so maybe it will only work if USCIS is able to accept the new application. Also, it may just be that the receipt has not arrived yet, as they can be slow and you may just get it soon. Good luck, Jason
Hi Jason, with those extensions would e verify show that we are still authorized to work? Or information on e verify is strictly based of actual authorization card expiration date?
If you have the automatic extension, you are eligible to work, and so I assume e-verify would show that, though I have not dealt with e-verify for an employer before so I do not have experience with that. Take care, Jason
Hi Jason,
My husband and I are have a pending asylum case and recently moved to CT so I can start residency at a hospital here. We were told by the DMV that we require passports to transfer our DL from NH even though we presented our EAD and asylum application documentation. Our passports are expired because our case has been pending since 2019. What can we do.
I think the DMV is wrong. Lots of people get licenses without a passport. I know the rules vary by state, but I doubt that CT requires a passport in your case. I would try again and if they refuse, try to speak to a supervisor. Good luck, Jason
Thanks for your reply Jason, we will try that.
Jason, it s been some time i didnt check ur blog, back here now and glad to see ur refuge here is operating as great as always! there is some difficulties of my case if u would like to listen and help…
my case is on removal step, but the Individual hearings has been delayed three times…is there any way that I contact the court directly, i mean not through my current lawyer to know the reason of deferral?? by ur experience, is three times deferral common??? i so regret for not choosing great attorney like you at the beginning and i almost ran out of the patience with my case and my lawyer, hopefully it can be a solution i’ll transfer myself and my case to NYC. THANKS AND GOD BLESS.
It is common for these delay to occur, especially since Covid, and it usually nothing to do with the lawyer. Even if you do contact the court, they will rarely tell you why a case is postponed. Also, the courts are a mess, so even without Covid, delays would still be common. In any event, if you want to try to call the judge’s clerk, you can find the phone number if you follow the link under Resources called Immigration Court. Also, I wrote about expediting a court case on April 20, 2017 – maybe that would help. Take care, Jason
Thanks Jason every word from ur mouth is reliable and informative,,,now nothing to worry about just be more patient…god bless
EAD Mubarak indeed! This is good news, but c’mon… 540 days is 18 months, which is just 6 months shy of the actual card’s validity. At this point, why not just make the card valid for 5 years as we do with driver’s licenses??? It’d be good for the USCIS backlog, the applicant’s well-being, and the economy as a whole; a win-win-win!
Why not just make the card valid for the entire duration of the case? But unfortunately, that does not seem to be on the table. Take care, Jason
Thank you Jason for that good news,
Is that the reason the EAD notification is taking forever to receive ? I applied March 8th but I haven’t received the notification.
I do not know, but receipts for many applications seem to be very slow. Asylum receipts – which used to take a couple weeks – are now taking 2+ months. Take care, Jason
How can I contact them ,I just came back from DMV to renew my ID but they can’t renew it unless I show them the notification.
Probably you just need to wait for the receipt, but you can try calling to ask whether your application was received: 800-375-5283. Take care, Jason
Hi Jason
First of all, I would like to greatly appreciate you. This blog helps a lot especially during this uncertain time for us. I have a few question regarding advance parole and overseas travel during pending asylum case. I have been waiting my interview over 6years. Feeling anxious, exhausted and hopeless recently especially during this time that all types of processes take so long. I havent seen my family for a long time and I feel so depressed mentally. I was hoping if I can apply for advance parole to see my grandmother who is very sick at the moment. According to doctor, she has no life more than a few months. Is there any chance I can apply for advance parole to see her probably for the last time of her life? Considering current application process, it’ll take over a year to get I-131 processed. So is there chance I can apply for infopass at asylum office, not waiting for regular process like over a year? Also it’ll affect to re-enter U.S if I travel to my home country since my grandmother is not able to travel to third country? My case is based on lgbt asylum which is not directly life threatening if I visit for short term like a few days. Any advice, experience, suggestion would be appreciated. Thank you.
You can apply for AP using form I-131. However, given the urgency, you might want to call USCIS and try to get an Info Pass appointment. This is not easy, but you can probably get an appointment if you are persistent. If you travel to your home country, it will be a major issue for your case. You can try to explain that (as you did above), but it will make it more difficult to win the case (I am not saying you will automatically lose, as that is not how it works, but it will certainly be an issue you need to explain). Unfortunately, that is how the system works and you have to decide what is more important. Of course, if she can get to a third country, that would be much better (and maybe for purposes of AP, you can assume you will meet her in a third country – if you do that, at least you do not have to list your home country on the I-131, though if you end up going there, you will have to tell the asylum office). It is a difficult situation and I wish you good luck. Take care, Jason
Thank you Jason. One more thing is my spouse will be applying for EB GC in a couple month, so I will be a derivative of the application. Is it better that I wait and apply advance parole based on I-485 (after application is submitted) instead of based on Asylum case? I assume I-485 would take at least one year or more. Does it have any difference? My major concern of traveling to home country with advance parole is that whether I can come to the U.S without any issue. Thanks in advance.
Waiting for AP based on the I-485 will probably be slower, but assuming you are eligible, AP based on a pending I-485 is easier to get, cheaper (as there is no additional cost once you pay the I-485 fee), and more likely to be granted than AP based on pending asylum. Plus, with the I-485, you get a “combo card,” which is an EAD that is also valid for purposes of re-entry. Either way, traveling to the home country can create issues for your status, as it could cause the US government to conclude that your original asylum case was fake, which can affect any type of application you file, including the I-485. I wrote about returning to the home country on January 6, 2016, and maybe that is relevant to your situation. Take care, Jason
Thank you USCIS for 540 days of EAD extension, yet still we can’t renew our Driver’s License, people are being rejected their DL renewal at many DMV offices. any idea USCIS can help on this plz. Thanks.
I doubt USCIS will take any further action. The DMVs should be honoring the extension. I understand that it may take them some time to understand the new rule (and sometimes, applicants themselves will need to educate the DMVs), but the EAC extension should allow people to extend their driver’s licenses. Take care, Jason
Thanks Jason
Hi Jason
I have a question please:
1. I understand from your article that if the company we work for asks for a renewed Work Authorization card we will need to show them this link and there is no other document to show them.
So do you suggest we print this page where you have given it as a hyperlink?
2. I need some light as to how Asylum seekers are approved to buy a house and what is right process to follow.
3. Also would like to know if you know of a process that helps asylum seekers ( pending application obtain a small business loan) while waiting for a case approval.
Any who reads my message to Jason please can you shed some light and share your experience.
Thanks a ton in advance !
1 – I would do whatever the company wants – you can print it and give them the hyperlink so they can see for themselves. 2 – I do not know about that. I know that some do it, so it is possible. Maybe talk to different banks about loans or real estate agents who might be able to advise you. 3 – Again, I think you need to talk to different banks to see what is possible, or maybe the state small business administration or similar office that helps with small businesses. Take care, Jason
Hello Jason, hope everything good on your end. I got recently divorced and I am a dependent on my husband’s asylum application but not anymore due to divorce. Is there anyway I can go back to my country even when my passport is expired, do you have any reference article I can follow so that I get a smooth exit?
Thank you
You would need a new passport (or some other type of travel document from your country), but if you want to leave the US, you can do that at any time. Note that you stopped being a dependent on your husband’s case on the day your divorce was final, and each day after that was one day of “unlawful presence.” If you get 180 days of unlawful presence and then leave the US, you are barred from returning for 3 years and if you stay here for 365 “unlawful” days, you cannot return for 10 years. So you may want to leave before 180 days in order to avoid any bar to returning. Take care, Jason
Hello Everyone,
An update about my case! After 8 long years, I finally had my interview at the Tampa Office almost 4 weeks ago. Unfortunately, I had not asked to come back in 2 weeks to pick up my decision. So, I was waiting for an interview for 8 years and now it has been a month waiting for the decision. This is so frustrating, so they ask to come back to pick up decision randomly. While we where waiting for my interview, we saw bunch of people returning to the office to pick up their decision with cases submitted this year, so I dont understand why old cases may still on officer or asylum director’s desk for long time instead of issue the decision right away.
I keep waiting, nothing else to do… I am so anxious, frustrated and nervous checking USCIS Case Status website twice or 3 times a day expecting to see any change soon. I can only hope that this loooooooong wait get a happy end one day.
Thanks,
– JJ
I am actually surprised they are having people return to pick up decisions, as they discontinued that process in my local office (and some of the other offices where I have had cases). We are receiving very few decisions and things seem slower now than ever. You can inquire about your case – I wrote about how to do that in a post on March 30, 2022. Take care, Jason
Hi Jason,
My case is at the Arlington office, from your experience with your clients currently what is the timeline for the decision, is it 2 weeks?
Thank you!!
We have not had a two-week decision in a while and we only rarely get decisions from Arlington. Most of my cases are people from Muslim countries, and my sense is that those decisions tend to be slower than others, but even people from non-Muslim countries are waiting months (so far). Overall, it is completely unpredictable, but I almost non of my clients has received a decision in two weeks. Take care, Jason
Hello Jason,
I am a permanent resident through Asylum (derivative asylum). I divorce the principal Asylee 2 years ago and I’m in the process of filing for naturalization. Do you think that my divorce with the principal will cause any issue on my N400 naturalization process?
Thank you,
If you had the green card before you divorced, there should be no effect. You are required to provide the divorce document with your naturalization application. Take care, Jason
What if they didn’t have a green card prior to divorce?
Say they divorced during the pending asylum, and married to a citizen. Would this present a problem in the process of getting a green card?
If a couple with asylum or seeking asylum divorces, the dependent is removed from the case. If they already have asylum, they will need to file a “nunc pro tunc” asylum application to get asylum in their own right. If the asylum case is pending, the person will need to file their own asylum application. In either situation, if the dependent has some other way to obtain status (such as marriage to a US citizen), the person can do that instead and get a GC through marriage. Take care, Jason
Hi Jason,
Thank you for always replying to our questions. I applied for asylum 5 years ago and now my interview is scheduled within the next few weeks. I also have a pending travel document (advance parol I-131) that’s been in process for more than a year. If I get granted for asylum will I still be able to use the I-131 to travel and see my family once I get it or will it not work anymore? I’m excited for the interview but worried I won’t be able to see my family and it’s been more than 5 years
Thanks
Hi AA,
Congrats on your scheduling and good luck on your interview.
Did you expedite ? and where do you live ?
Thank you! No I didn’t expedite, I’ve interviewed before about 4 years ago and this would be my second. Arlington VA
If you have a valid AP document, you should be able to re-enter the US, but if the case is granted, it is better to get a Refugee Travel Document and use that. I do not think you would be denied re-entry with AP (for example, maybe you will travel and get granted asylum while you are outside the US), but I would not use AP if asylum is granted – instead, I would apply for the RTD and delay the trip until you receive that. This is the safer approach, as re-entering with AP may complicate your status. I am not entirely certain, but if this occurs, maybe talk to a lawyer to see if they can research the question. Take care, Jason
Thanks Jason! I haven’t seen my family in a very long time ( my dad is very sick) and would like to take the risk especially if it’s not a major risk and just a delay. What risks do you think it might cause? Just a delay or can my approval for asylum be cancel?
If I get granted for asylum and don’t start with the change status process and use the travel parole would that still cause issues?
Sorry for my many questions and thanks for your time!
I think the risk is pretty low – maybe the bigger risk, which I forgot to mention, is that the case is denied when you are outside the US. If that happens, you could be detained upon re-entering with AP since the case is with the Immigration Court, though this also seems pretty unlikely. In any case, I think if you have valid AP, you should be able to return to the US, but you may have to sort out your situation once you get back. Of course, if you travel to your home country, that can also cause issues, including being denied asylum. Using the passport from your country is less of an issue, though you may need to explain why you used a passport from a country where you fear persecution. Take care, Jason
Hello Jason/all blog readers,
I have applied for Advance parole in February. But I haven’t found anyone who has a pending asylum and travelled with AP. I have seen DACA AP are approved in 3 months these days.
It would be really nice to hear any successful stories recently for AP with asylum pending. If you or someone you know has done AP, could you please tell us
– how long it took you from filing to approval?
– how many days did you get approved for?
– What questions do they ask while coming back? or did you have trouble boarding plane?
I did a post about AP on September 11, 2017 – maybe that would be of interest. I have not done such a case lately, and so I do not remember the processing time, but my clients have received AP for anywhere from a few days to a year, depending on the dates they listed for travel on the I-131 and on luck. Sometimes, they do go to secondary inspection upon entry, or have a delay, but no one has been denied entry or had any major problems, at least not among my clients. Take care, Jason
Hi,
I think this info may be helpful for those who want to travel abroad or get green card while asylum case is pending. I was an asylum seeker last year and also received an approval for the employment-based green card (EB). Since I was technically out of status, I could not adjust my status using I-485 in the US, so I had to travel abroad for a consular immigration interview in a third country (not my home country). Importantly, I applied for asylum while my student visa was still valid, so I was not unlawfully present in the US and could apply for a green card in a US Consulate abroad. To travel abroad, I applied for an advance parole (I-131) last June. Luckily, our home country passports were still valid. On September I received an invitation for the interview from the US Consulate that was scheduled in three weeks, but I was still waiting for my AP to be approved by USCIS. I called USCIS, and after several attempts I was able to schedule an emergency interview for AP in a local USCIS office. I and my family went there with all our papers. The officer there asked if we want to expedite our existing application (may take several weeks or months) or submit a new application and pay I-131 fees again. We asked to submit a new application and paid all fees twice, and we were lucky to get the AP the same day! It was valid for one month since issuing day. By the way, the first AP I-131 application I sent to USCIS in June is still pending with no updates. The interview at the US Consulate in a third country was very short and sweet, no questions asked about my asylum case. We all received our green cards and were admitted to the US without any problems. The US Customs officer at the border did not ask for our AP or about our asylum case. Upon return I sent a letter to USCIS asylum office in my region noting that I am withdrawing my asylum case, although did not receive any response from them.
I wish same luck to everyone waiting for their cases. Peace to all!
Hi Med,
Your help is really appreciated, Thank you sooo much.
Do you mind if I contact you through email? I am in similar situation and trying to get an AP time align with my H1B interview as well.
Question for you –
1) which center was your AP sent to that took >1 year? (Texas SRC or Nebarska LIN?)
2) What was your reason for applying emergency AP? My grandma passed away last month, so I am thinking of using that.
3) Did the visa interview in 3rd country get any kind of difficult question about why you are not in home country?
wow beautiful story gave me hope, thanks for sharing. I have some questions:
what tips on the 3thd country for EB visa, do you have to have residency in that country?
where did they give the GC abroad or after you came back? and after how long.
is that EB thru employer or self petition NIW?
thanks,
Here are answers to questions from Tori and Memo:
– I submitted my first I-131 application to Texas
– For emergency AP the visa interview invitation from the US Consulate was enough.
– As I mentioned, no difficult or asylum-related questions during GC interview. Just make sure you have all documents required by the US consulate – this may be difficult for asylum seekers (e.g. police reports or military records from your home country) – I think you can submit an explanation to US consulate why you cannot get this or that document.
– As for a third country interview, I requested this in my EB NIW application form (this is called Immigration Visa Processing option, vs. the adjustment of status). You do not have to have residency there, but many US Consulates may restrict interviews to foreigners because of high workload or for political reasons (e.g. for Russian citizens). Another piece of luck was that in my home country the US consulate does not process immigration visas, so I was directed to a neighboring country that processes immigration visas for my home country. It was not a country that I initially requested, but that worked as well. Anyway, it should be possible to change the US consulate for GC interview if you are asylum seeker – you need to talk with US consulate where you want to apply. If possible, hire a lawyer that is familiar both with the asylum law and with the consular visa processing – although I myself didn’t have a lawyer.
– When you are interviewed for a GC in a US Consulate, they issue a visa sticker to your passport which serves as a temporary GC for one year – for travel, work etc. Then after you arrive to US, USCIS sends actual GC to your US address – you need to pay a fee for that after you got your visa sticker. Ours came in a month or so.
– Mine was self-petitioned NIW, but I know other asylum seekers who got their GC via an employer (they also went abroad for an interview with AP).
-One more advice – if you go abroad for a GC interview, you will have to undergo a medical examination at a designated clinic in that country. US consulates have this info. – make sure you have time for this medical exam before your scheduled interview. Before leaving the US, make sure you and your family have all required immunizations, and get an official health record listing those shots – it will save you many extra shots and money while you are abroad! As far as I know, you have to have these shots to get GC, no religious exemptions here.
P.S. Many thanks to Jason and his team for their work and this wonderful blog – it helped me not to despair during hard times. Now I want to pay back by sharing my story – I hope it can help.
Thank you for sharing this. I would only add that anyone planning to do this should talk to a lawyer first, to make sure they are eligible, but it is good to know that it worked in your case. Take care, Jason
Hello-
I have a pending I-485 application under Asylum Status. I got a travel document (I-131 form) and the category on this white passport is Asylum. When I filled the I-131 form, I checked 1.b.
I want to make sure before I leave the country that this travel document is correct while my application is a pending I-485 based on Asylum Status and it SHOULD NOT be an Advanced Parole (1.d category in form I-131)- Thanks!
Hi Ellie, asylees should never use an advance parole (AP) to leave the US. An AP allows certain categories of immigrants to re-enter the US- like people (other than people who are granted asylum) who have pending GC applications, DACA recipients, etc. Asylees must use a refugee travel document (RTD) to travel outside of and return to the US.
Bear in mind the following:
-AP, while it’s considered a “travel document” by the US government, does not act like a passport. You’d need a passport, in combination with the AP, to leave and re-enter the US (most countries do not accept the AP in lieu of passport; a good number of countries accept the RTD in lieu of a passport). Therefore, as an asylee, you’d be forced to use your passport, which could cause problems in and of itself.
-If you use an AP to enter the US, you could be paroled (technically (emphasis on “technically”) as an unlawful immigrant) as opposed to an asylee. This is because the AP allows for people who do no yet have lawful/documented status (whatever that means in immigration speak/immigration law) to re-enter the US after traveling abroad.
If USCIS gave you an AP, you should return the document and explain that you are eligible for an RTD (the correct document). USCIS may have made a mistake.
In any event, the decision is up to you.
Good explanation Jamie, I have recently received my RTD. You explained well.
Thank you all so much for the very helpful response and information.
Yes, I have a valid RTD and I am so excited now that going to visit my family after 8 years in third country (I also obtained a Turkey visa). I just wanted to make sure before leaving. So I am good with RTD.
Thanks so much!
Normally, an asylee should apply for a Refugee Travel Document, not Advance Parole. However, if you want to renew the RTD, and your old RTD is still valid, you are supposed to send in the old RTD along with your form I-131. This makes travel difficult for many people. I am not sure if that answers your question; let me know. Take care, Jason
Yes! I appreciate your response which is helpful. I already have a RDT.
I wanted to double check and make sure before leaving the country. Best!
As long as the RTD is still valid when you return, you can use it to re-enter the US – it should be no problem. Enjoy your trip! Take care, Jason
Hi people.
I have a question, please.
Is applying for asylum before period of permitted stay ended a violation of visa status?
You could argue that either way, but I think most people would say no. If you are filling a form, you can always circle the answer and write “see cover letter,” and in the cover letter, indicate that you filed for asylum before your prior status ended. USCIS can then decide whether that counts as a violation of your status (I expect that they will not find it to be a violation, but maybe it is best to let them decide). Lots of my clients are in this position and it has never had a negative effect on a GC or citizenship application. Take care, Jason
Thank you, Jason.
https://amp.cnn.com/cnn/2022/05/16/politics/supreme-court-immigration-cases-disputes/index.html
As an asylum applicant we now don’t have right to forget things or make mistakes. Immigrants are just a tool for any government to play their games. Feels like there is a gang war within the government where people like us are at destruction the most.
I have not read the decision, but only read about it. It seems unjust, but I do not think it is incredibly unusual to limit a federal court’s review of an agency decision and also, given how few cases get to federal court, probably not many people will be directly affected. On the other hand, it gives Immigration Judge’s more leeway to be careless about the facts given that they will have even less oversight than they do now. The solution is for Congress to reform the immigration law, which is decades overdue. There is actually a bill (in the Senate, I think) that would create an independent immigration court. Whether it goes anywhere, I have my doubts, but if that could happen, it would improve things. Take care, Jason
Dear Jason,
I has been a interview pending for a years. Still haven’t got it. A year ago I met a girl. She was in divorce process and lived separately. A few weeks ago we married. I would like to apply for GC based on marriage now. Some fellows stop me from applying before 100 days after marriage. They say there is some informal rule, red flag for USCIS that marriage is unlikely bona fide if GC application sent before 100 days after marriage. Is that true? We live together almost year. Do I really have to wait to apply for GC if I have indeed bona fide marriage.
Thank you,
Michael
Has it become a trend that immigrant men are starting to lure American women for residency ?
There is no such rule. There is a rule that if a person enters the US on a tourist visa (for example) and then marries within a certain period of time (I think 60 days, but can’t remember at the moment), there is a presumption that the person entered the US with the intention of marrying, and this means that the person lied about the tourist visa (where you have to promise to leave at the end of the visit). Maybe the person who advised you is thinking of this rule, but it does not apply to you and we do marriage cases all the time for people immediately after the marriage. Take care, Jason
Jason, thank you for your response.
I am curious: since the GC would likely be issued conditionally (the 2-year GC), should the asylum application be withdrawn/would the approval of the temporary GC invalidate the asylum application? Since the life of the marriage is so short, and I am also assuming that they haven’t established their marital relationship (despite living together for 1 year), could USCIS deny the GC application based on the foregoing reasons?
If an asylum application is withdrawn after a temporary GC, or if the conditional GC invalidates the asylum application, would you say, in your estimation, that there is some level of risk involved (refoulment, for example)? If the marriage doesn’t work out, and the conditional PR cannot remove the conditions, would it be possible for this person to file asylum again? I guess what I am ultimately asking is- is it possible for the person to put his eggs in several baskets?
Just because you have your GC, you are not required to withdraw the asylum case. Most people do, since they have confidence in the marriage. Also, if the marriage ends, that process takes time, and you could re-file for asylum if necessary (and since you will be in status, you meet an exception to the one-year bar). My preference is for my clients to withdraw the asylum once they have the GC – maybe this is because I am lazy and do not want to do their case, but for most of them, there is no benefit to continuing the asylum case. For some, there is a benefit (they want to bring family members here or need an RTD); for others, they may not have confidence in the marriage. In either case, they can continue the asylum even if they have the GC (conditional or permanent). Take care, Jason
Thanks for the explanation, Jason.
Thank you!
One more question if I may. We plan wedding Oct this year. There is a chance to get interview scheduled before the wedding day. Do you think we can still get the approval without wedding days photos if we can provide receipts for all the wedding stuff and the rest evidence of bona fide marriage? Thank you.
As long as you are legally married and have evidence, this should not be a problem. Just make sure you have enough evidence. The wedding photos are only one piece of evidence and if you have other evidence, you should be able to prove the marriage even without those. Take care, Jason
Jason,
How do uscis know you worked without work authorization? Unless you disclose it?
Thanks
Sometimes, it is difficult not to disclose – for example, they can ask you where you work or how you support yourself. They can also potentially access tax documents or ask for your bank statements. In many cases, lying on a form is worse than working unlawfully, so it is better to disclose unlawful work than to risk being caught in a lie. Take care, Jason
Hi dear friends and respected Jason once uscis produce the travel documents. Does online status changed to mail has been sent, or do they provide any tracking code?
Thank you.
I am not sure, but normally the USCIS web page would indicate if something has been mailed to you, but they do not provide a tracking code (maybe if you have a USCIS account, but I am not sure). Take care, Jason
Once it shows Travel document produced just expect it anyday in your mail within the week. unfortunately there is no tracking number.
Hi Ga you were right I have received my RTD and they did not provide any new update on online account. Thank you for writing positive feedback and of course thank you Jason!
Hello Jason!
” We have reviewed your request for case assistance and determined that U.S. Citizenship and Immigration Services (USCIS) recently issued a decision or other notice of action regarding the Form I-485 (Based on Asylum) – Application to Register Permanent Residence or Adjust Status referenced in your request for case assistance.”
i received this email from the ombudsman office, however, my status online did not change, i chatted with a live agent and she told me that there is nothing on the system showing that a decision has been made on my case, i requested a call with a tier 2 agent because i am so confused now, do you think ombudsman made a mistake? or the tier 1 agent does not have much information about the case?
I just sent a request to ombudsman, how long did they take to respond to you? And when was your filing date?
My experience with the Ombudsman is that they take 4 or 5 months, but I have not tried to use that office in a while. Take care, Jason
I just submitted a request to the ombudsman office, how long did they take to respond to you and when was your filing date? Also, I think the USCIS officer may be wrong. When you speak to tier 2, make sure they give you a definite answer and ask them to let you send a copy of the ombudsman response.
I think you should try to follow up with the Ombudsman – I think this used to be easier (they had an email they actually responded to, but I believe it no longer works). Maybe you can do another inquiry and inform them about what they told you and what USCIS said. Someone is obviously wrong, as they cannot both be correct, but there is no way to know who is incorrect without following up – and getting a substantive response, which is never easy. You might also try contacting your Congressperson, as they can contact USCIS as well. Take care, Jason
Hello Jason,
Hope everything is ok with you. I need your opinion on this.
What is the experience of your clients traveling to Canada with a Green card and a RTD (validity being less than 6 months) if any. Do they encounter any issue? I read it is ok to travel with a green card and a valid passport. You are allowed to stay there for 6 months. Does the same apply to a RTD/Green card holder without limitation?
I do not know, and I am not sure how many of my clients have done that. I have not heard any complaints from anyone, for what that is worth. I would check the Canadian embassy website to see if it provides guidance or maybe call them to ask. I do not see why you would be treated any differently than anyone else with a GC though. Take care, Jason
Any update from filers for i485 dated anytime from Jan2021-Oct2021?
I just want to say thank you Jason for the well summarised information,it really means a lot .Thank you once again and may God bless you.
Thank you, Jason
Hi All,
Unfortunately the travel parole timeline keeps on pushing, it’s been more than a year since I applied, can whoever applied share your timeline from the Texas office 🙁 also applied for asylum 2015 and no updates, wonder what’s everyone’s timeline. I feel so depressed I need to see my family
I would expect the Advance Parole document very soon, as I think it is usually taking under a year. In terms of asylum, there is no timeline. You can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
We are all in the same boat, my husband and I are waiting for interview since 2016 and I have many friends that are waiting since 2015, we are living in anxiety and stress, we may lost our job due to our status and apparently no one cares if we lost our job, mortgage, bank account etc. I don’t know how and when we can see our family? Literally we live in an endless limbo.
I did a post about this on January 9, 2018 – maybe it is of interest. Take care, Jason
Same here , waiting for interview since 2014 . My husband stayed in my country and I’m raising the kids alone . The worst is we came to be safe , yes we are safe but constantly worry and stress.
waiting since MAR-2016 myself
Family can be a basis to expedite a case. It often does not work, but you can try – I wrote about that on March 30, 2017 if you are interested. Take care, Jason
Hello JASON,
Pls can you handle parole for someone?
What’s the approval rate for applying for parole?Thanks!
I am not doing humanitarian parole cases these days, and I am not convinced the program is even working at this point, at least for the purpose of bringing people to the US to escape harm. There are lawyers who do them, or you can try it yourself using form I-131, available at http://www.uscis.gov. Take care, Jason
Hello Sir,
I have 2 questions
When you charge your fee does it include dependant or only principal applicant.
Can my dependent apply for ead renewal without the g28.
What is your advice.
Thank you
For the government, each person pays their own fee. You can apply for an EAD on your own – the G-28 is only if you use a lawyer. Take care, Jason
Hi Jason,
We had applied DL plus real ID based on my new EAD (C08). Almost one and half months now and haven’t heard anything from DMV. Don’t they give real ID based on Asylum EAD proof?
Last time, my wife applied for both and she received within two weeks, but this time totally weird. Do you have any idea?
I do not know. The only idea I would have is to follow up with the DMV. I guess if they keep refusing, you can find a lawyer who helps with driver’s licenses. Take care, Jason
Thank you Jason & Mario.
@ Mario: I think, mine also takes some time but 3 months is too long, anyway no choice…
I got real id with c08 in Illinois, wait 3 months
Yes thank you USCIS and you Mr Jason
Hi Jason ,
Is there is anyway to green card holder based asylum to apply for citizen before 4 years and 9 months, dose wiring time for asylum account it for applying citizen ? also what happen if asylum living in USA for 10 years. Thank you
If you got the GC based on asylum, USCIS should have back-dated your GC by one year. If you look at the date on the GC, you can file for citizenship 4 years and 9 months after that date (assuming you are eligible). You cannot file any sooner. A person with asylum can live in the US indefinitely, so there is no issue with 10 years (though if the home country gets better, the person could lose asylum status, so it is best to file for the GC). Take care, Jason
Hi Jason,
I am eligible to apply for my GC as an asylee. I came to the US as a student. Since I applied for asylum, does it mean I violated my immigration terms?
If so, does student violation admissibility apply to asylees?
And if yes, I plan to include form I-602 in my application and ask for a waiver. What do you think about it? I read somewhere that this waiver does not exist for student visa violators, but the USCIS webpage says almost all grounds of inadmissibility including immigration violation can be waived for asylee.
Thank you for your help.
Hi Jason,
I am eligible to apply for my GC as an asylee. I came to the US as a student. Since I applied for asylum, does it mean I violated my immigration terms?
If so, does student violation admissibility apply to asylees?
And if yes, I plan to include form I-602 in my application and ask for a waiver. What do you think about it? I read somewhere that this waiver does not exist for student visa violators, but the USCIS webpage says almost all grounds of inadmissibility including immigration violation can be waived for asylee.
Thank you for your help.
We do not include I-602 waivers under these circumstances and we have never had an issue for our F-1/asylee clients to adjust. Maybe in response to the question about whether you violated your status, you can check whichever box you think is best, circle the question, and write “see cover letter.” In the cover letter, you can explain what happened. USCIS can then decide if a waiver is needed and let you know. Take care, Jason
Hi Jason,
I am an asylum applicant and was referred to the immigration court. My fiancee is in F status and she is a physician. She got an offer of her residency but she needs to change her visa status to be able to work in the USA. If we get married soon, how long will it take to get an EAD? She needs to start in July.
Thanks,
Given that you were in court, I think you cannot join her to be a dependent on your asylum case. She is “in status” and so the government is not trying to deport her (and thus she is not in immigration court). I am not completely sure about this, and so maybe you want to talk to a lawyer to see if she can somehow become a dependent on the asylum case, as maybe it is possible. Of course, she can always try to get a visa or apply on her own for a GC if she is eligible. Take care, Jason
Thank you so much for those news .
I have a question for my son turning 17 and wanting to have his DL . Can I use the EAD to apply for a DL ?
With our 7 years pending asylum application can he applied for college? Which status ? Can you help us ? The process please.
Normally, if you have an EAD, you can get a DL. In terms of college, most colleges will accept people with an EAD, but you have to check with the specific college to be sure. I do not know much about that and cannot assist with that process. Take care, Jason
Not sure where you live? but California UC’s allow asylum-based EAD’s, my kid is completing 1st year now . we gave our asylum EAD only. Good luck..
Hi, I can give you some experience on the college application process. I have a young friend whom I’ve been mentoring since she arrived at age 13 with her mother seeking asylum. She just finished her first year at a top private college. She has a full 4-year scholarship. The first thing to know is that the state you live in probably has a law on whether your son is eligible for in-state tuition at publicly funded community colleges and state universities. If he is eligible, the tuition will be a lot less. If he is not eligible, he must apply as an International Student and pay out-of-state tuition, which will be much higher. Honestly, these are just anti-immigrant laws and unfortunately they have been passed in many states. My friend was not eligible.
Another thing you’ll hear about from high school counselors is the FAFSA. FAFSA stands for Free Application for Federal Student Aid. They’ll keep asking your son if he’s filled this out. It’s really important for you and him to know that as an asylum seeker with no permanent status, he is not eligible for any federal (U.S. government) student aid and should not fill out the FAFSA. Make sure the counselor understands this. Most people are not familiar with the asylum process.
So what can you do? I can tell you what we did. My friend was a very good student and despite coming to the U.S. with no English at age 13, she learned English, took a lot of science classes and got good grades. She graduated with honors and a high grade point average. We started looking for scholarships for her in her junior year. I began looking at private colleges with generous scholarships. I found a list of the top 50 private colleges and universities with the most money to offer in financial aid. She applied to 11, was accepted at 2, and was offered a full scholarship including room and board at a top school. We also talked to her student counselor, explained the situation, and she helped identify some local college scholarships. Here’s a list of forms we filled out and vocabulary you should know:
College Board CSS Profile – online form that collects info used for financial aid. Many colleges use this. It asks for detailed financial info from both parents, along with documents to back it up. There’s a cost to submit for each college but depending on income, they’ll waive it. The student selects the colleges the form is sent to.
Common Application – student’s online application to colleges. The student, school counselors, teachers and others upload documents such as student essays, grades, volunteer activities and recommendations. Again the student selects the colleges this is sent to. There are application fees but the schools we submitted to waived them.
Financial Aid Forms – some schools require their own forms instead of the CSS forms. Make sure to read the details.
Need Blind – Some schools do not consider financial need when selecting students, including international students. At these schools every student who is admitted is offered a financial aid package.
Need Award – Schools that are need aware consider financial aid needs. Don’t count them out though. The school who offered my friend a full scholarship was need aware.
Local private scholarships – do your research. Often school counselors know about these. In our case, a local doctor started a scholarship for immigrant teens who didn’t qualify for in-state tuition. My friend was offered one of these if she attended a local college, but had a better offer.
Deadlines – keep track of these and meet them. Make sure teachers and counselors meet them too!
I can’t stress how much time and attention to detail this process takes. See if you can find a mentor who is willing to help your son with this. You have to be very motivated and meet all the deadlines. Note that some private colleges and universities are committed to admitting immigrants.
Testing – Up until recently most colleges and universities required students applying to take one of two standard tests and report their scores – the SAT or the ACT. Recently some started making these tests optional. With Covid, many schools made these tests optional. If your son is a good test taker and gets high scores, then he may want to submit his scores. My friend did not have high scores. She speaks and writes English well, but these timed tests were challenging. We didn’t submit her scores.
The college essay – The best college essays are honest reflections of the students who write them. I’m convinced that my friend’s willingness to tell her story and share her personal challenges were part of the reason she was admitted and offered such a generous scholarship.
Good luck. I’m sorry our system of higher education is so difficult and expensive to access.
Thank you for sharing this, Jason