Last month, I attended a family reunion/heritage trip for my wife’s family. Her maternal grandparents escaped from Austria to the United States prior to World War II. They and many others were forced to emigrate and leave everything behind because the government was persecuting Jews.
Although many of Austria’s 192,000 Jewish citizens were well-integrated into wider Austrian society prior to the War, anti-Semitism was on the rise through the 1930’s. As part of our tour, we visited the Medical University of Vienna (established 1365), where my wife’s grandfather was a student. We learned how fascist gangs intimidated and beat up Jewish students in the early 1930’s, during his time there. Despite the danger, Jews continued to attend the school because they valued the opportunity for a world class education. However, as the decade wore on, increasing numbers of Jewish students and professors were forced to leave the university. Then, in March 1938, Nazi Germany occupied Austria. The vast majority of (non-Jewish) Austrians supported the move.
Shortly after the occupation (called the Anschluss), almost all Jews were forced out of the medical profession and the medical school. Nazi philosophy could not tolerate “inferior races,” like Jews, caring for Aryans and there was no longer a place in Austria for Jewish doctors. Like other medical students, my wife’s grandfather was kicked out of the university. He was later deported to a concentration camp before obtaining a visa and immigrating to the United States.
Of those Jews who remained in Austria, the vast majority–more than 60,000–were murdered during the Holocaust. By the end of the War, only about 800 Jewish people were left in the country.
Fast forward to July 2022, when two dozen descendants of the “refugee generation” arrived in Vienna for a reunion and family history tour. Those present were first, second, and third generation immigrants. By the time we arrived in Austria, a number of the descendants had obtained Austrian citizenship through a program created especially for family members of people who fled during the Holocaust (it’s a topic for another day–or perhaps someone’s Ph.D. thesis–but obtaining citizenship through this program was a long, difficult, and often degrading process; in other words, not so different from what immigrants to the U.S. experience). The program was designed to help rebuild the relationship between the descendant family members and the “home” country, and I do think those family members who received citizenship were quite glad to have it (even if they generally have not used the citizenship for any purpose).
As for out trip, the highlights included a reception at the medical school where my wife’s grandfather had been a student. The president of the university was present and gave a talk. We also toured the school and saw how the university was dealing with its legacy of anti-Semitism and complicity with Nazism (and with other injustices, such as the exclusion of women from the profession). One interesting example was a pro-fascist statue located in a prominent green space on campus. Rather than remove the statue, the university built a plexiglass box around it, and covered the box with the text of a letter, written by a student who had been exiled from the university and describing her ordeal.
Another highlight was a visit to Mikulov, a town just across the border in the Czech Republic where my wife’s more distant (and more famous) ancestor, Mordecai Benet, is buried. At one time, Mikulov had a thriving Jewish community and from 1789 until his death in 1829, Mordecai Benet served there as Chief Rabbi of Moravia. We visited Rabbi Benet’s grave, which is a popular pilgrimage destination and we toured the town. In Mikulov today there are no Jewish residents, but one synagogue remains, serving mostly as a museum.
As an attorney who specializes in political asylum, the trip brought to mind my own clients. Many of them have fled from persecution in their countries, much as my wife’s grandparents did nearly 85 years ago. I wonder how my clients’ future descendants will relate to their “homelands.”
I suppose in large part, the answer to that question will depend on how those countries evolve (or de-evolve) over time. For decades after WWII, Austria famously refused to take responsibility for its actions during the Holocaust. Austrians tried to convince themselves that they were the “first victims” of Nazism (since they were “victims” of the Anschluss), when in fact they were willing participants. Only in recent years has the country really started coming to terms with its history.
Reconciling with the past comes with benefits and risks. On the plus side, I think this process is what opened the door for our family reunion, as well as improved relations with the Austrian diaspora more generally. It also allows the country to more fully and more credibly participate in the community of nations. In addition, when a country has learned from its past and values all its inhabitants, those inhabitants can better fulfill their potential, which in turn strengthens and enriches their country. On the other hand, dealing with past injustices can be divisive and can energize reactionary elements in society (see, e.g., the Republican party).
Of course, reconciling with the past requires a stable, democratic system. It also requires a certain level of self confidence. Despite a long recovery from WWII, Austria today is a wealthy, stable, self confident, and democratic nation.
Unfortunately, most of my clients’ home countries are poor, unstable, corrupt, and autocratic–the exact opposite of what is needed for economic, political or social progress. Such countries are not well positioned to improve themselves and are often stuck in a vicious cycle. Whether these countries can overcome their current woes, I do not know.
But given time, perhaps my clients’ countries can improve. If so, relations with their exiled citizens (and the descendants of those citizens) will be very beneficial. People like my clients–who have been forced to relocate–tend to be hard working and successful. They are strong proponents of democracy, the rule of law, women’s rights, and education. They want to remain engaged with their homelands, whether this is through family connections, language, food, culture or politics. They can be powerful allies for countries willing to accept their help.
And so I hope that my clients and their progeny will be able to remain connected to their homelands, just as my wife’s family has done. Perhaps it is ironic that people forced to seek protection abroad have such a strong desire to stay connected with their country, but that is the refugee story. Whether the current generation of refugees can maintain a connection to their homeland remains to be seen, but if they can, both the home countries and the exiled citizens will benefit.
Good day Jason,please I want to know if the EAD based on a pending asylum application (category C08) is still valid after an application for asylum is granted and can I still use it to apply for job.I was recently granted asylum in court but I’m yet to receive any documentation that proves Asylee status,thanks
Technically, that is not the card you should use and you should get a new card. You have to Google “post order instructions in immigration court” and follow those in order to get the I-94 and the new EAD. That said, I think many people use the c-8 card until they get the new card (category a-5), and I have not heard of anyone having a problem. Also, a person with asylum granted is eligible to work without an EAD (see https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/63-refugees-and-asylees), and maybe you can let the employer know about that. Take care, Jason
Hi Jason,
I have an individual hearing next month in VA. Can I relocate to another state the day after the individual hearing? I plan to live a couple of years in the new State. I entered the USA using my passport B1/B2 visa. Can I complete the post-court instructions in the new State? I wanted to ask because I want to complete post court instructions ASAP.
That is no problem. You just have to update your address (depending on whether the case ends, it would be form EOIR-33 or AR-11). Take care, Jason
Hi Jason,
The latest update on my RTD is the expedite has been approved and they will contact me notify to let me know the final decision. My mother’s funeral is 10 days away! I am anxious and don’t know what to do! They have not requested any evidence and even if they did, I am in no capacity to produce a death certificate. On top of that, I need to request at least a couple of days off for bereavement but I don’t want to make any decisions until I am sure of this. I do not want to miss the funeral and if the RTD does not come in time, I am thinking of just using my COP passport and my Greencard. Is this a wise decision?
I’ve used COP and greencard to visit COP quite a few times. Never had any problem, except for the time I stayed for 4 months. The CBP officer asked me why I stayed that long, I told them a family member had an accident, which lengthened the duration of my trip, as I took on some of their responsibilities while they were unwell.
Hopefully, you get the RTD. If not, it is better to not use the passport and GC, but many people do it without any real trouble. If you are able to explain why you used the passport and how you stayed safe (assuming you are returning to the COP), you should be fine. Take care, Jason
Hi , Sorry for your news I hope she will rest in peace
How long did it take to accept your expedite rtd ? I applied 2 weeks ago for my wife”s dad emergency and still nothing
I would say its been about 3 weeks since I applied and received it. They didn’t even ask for evidence.
Hello Jason,
I’ve been waiting for my travel parole for almost 2 years!! I’ve passed the normal processing time, we’ve reached out to the USCIS and they said it’s delayed because of security checks, is that normal?
Thanks
I think it is not normal. Unfortunately, there may not be much to do that is effective, aside from suing them. One option to try first is the USCIS Ombudsman’s Office – a link is under Resources. They sometimes help with delayed cases and it is free, so it is worth a try. Take care, Jason
Thank you Jason!
Hello Mr. Jason, I have an appointment to see my lawyer tomorrow morning so I can tell her to file a Writ of Mandamus. I submitted my i485 by Asylum to NBC in Nov 2020 and I’m tired of the stress of waiting and waiting. 21 months and waiting. My question is since there is no processing time for National Benefits Centre, can that be a reason for me to file a lawsuit against USCIS?
I am not sure how that would work – maybe the lawyer will know. But before you file a mandamus, you should try more “normal” means, such as inquiring with USCIS or the USCIS Ombudsman. Ask your lawyer about those options, which should be cheaper (or free, if you do them yourself). There are also links at right called USCIS Help and USCIS Ombudsman’s Office. Take care, Jason
Hi Jason,
I got asylum granted in immigration court few month ago. But, I cannot get I-94 form. I tried to scheduler an appointment 3 times, but nobody called back from NYC office. Do you know if I can move to different state and then try to get I-94 from a local office?
Thank you.
You have to call USCIS at 800-375-5283 and get an Info Pass appointment. Google “post order instructions in immigration court” and those will explain what you need to do. Take care, Jason
Hello Jason,
I was reading a comment here, and someone mentioned having pending asylum and applying for a labor cert. My Asylum is pending for 7 years now but I filed within 6 months of arrival. If my employer is ready to sponsor me now, will I be eligible for green card?
regards
It may be possible. I did a blog post about this issue on August 28, 2018 and maybe that would help, but the best bet is to talk to a lawyer to see about eligibility in your specific case. Take care, Jason
Hello Jason,
I have pending asylum case and still waiting for interview. I have plan to renew my passport. The school which I am student there asked me to renew my passport. I addition, I intend to apply for Grad school. The application for Grad school needs GMAT which I have to take before the admission deadline. The problem is that the institution that hold the test wants unexpired passport allowing me to resister for the test.long story short, I have to renew my passport, since my country of origin does not have embassy in the US, I have to send the documents for renewal via mail to the embassy of Pakistan and we do not need to go to the embassy for renewal process. Do you think it still would cause issue during the interview or I can explain the situation that I do not attend the embassy for renewal process and just did it with mail?
Thanks
I did a post on May 25, 2022 that may help, but whether renewing your passport affects your case depends on the case. If you do not fear the home government (but instead fear terrorists or other non-state actors), renewing the passport should have no effect. But if you fear the government, you may need to explain why you renewed the passport and why the government–which wants to persecute you–was willing to renew the passport. I have had clients renew their passport and this has generally not been a problem, but it could be, and so you need to be prepared to explain, just in case they ask. Take care, Jason
Hi,
I have an individual hearing next month. I am going to use a translator during the hearing. I believe that some questions are very important. I am scared that using a translator will distract the Judge on those questions. Can I select to reply in English for some questions during the hearing? My English is not bad but sometimes I make a mistake during explaining something. I trust my English to answer questions like “What do you think would happen to you if you return to your country?
Some judges allow you to do part of the case in English and part in your native language. Most judges do not allow this – they will tell you that if you use an interpreter, you have to use the interpreter for the entire case. But you can ask the judge to do some in English and see whether the judge will allow that. Take care, Jason
can I apply for a Uvisa 2times?. I was a victim of a crime in 2020 and I applied 2021 for a UVisa that is pending.
now I became a victim again of another crime. the person was charge with terroristic threats and stealing. I called the police and while they were on their way, the man try running away. He dropped and cracked my phones. I Followed him with my car as he try running away and warning to shoot me if I continue following him with the car trying to take a gun from his clothes to shoot me. I was afraid but knew I had advantage in the car at the moment so I kept following him until the police arrived, was easily able to arrest him and investigated. He was charged, cuffed and taken away by the police. I was given a case # to follow the case if I want but the man was charge and was going to jail.
Am I qualify to apply for a Uvisa or is it ok to apply for one? if so, can I apply with the first one stay pending? or what can I do at this point? I already have a case for a Uvisa. if I do apply for another UVisa, will it help or affect my initial uvisa case to get it quickly or not though I didn’t plan to be attacked and threatened to be shoot at?
what are my options at this point?
I also have an asylum case that have been pending 5yrs now. right now its pending with the court for final decision for 1 yr now. what impact will this have on my court asylum case if I do tell the judge about what happen to me?
what can I do?
I am waiting for asylum over 5yrs now and U visa over a yr now. what can this do with any?
thank you for your respond in advance.
I do not do U visas and so I cannot advise you about that. Some non-profits help with U visas, and so you might want to reach out to one of those. I did a post on September 22, 2016 listing non-profits by state. Maybe that is a starting point. As for the court case, you could potentially get that delayed or dismissed based on a pending (or approved) U visa. Whether you want to do that, I do not know, but I guess it depends on how strong the asylum case is. Probably you would do well to discuss all this with a lawyer. Take care, Jason
I requested a FOIA request for my I-485. It saya awaiting WDS. Anyone knows what that means please?
Thank you
I am not sure – it may refer to the Web Design System, which is a way the government sends documents electronically. Why they would tell you that in a FOIA response, I do not know, and it could certainly be something else. Take care, Jason
Hi Jason ,
thank you so much for helping us, i have a question , i am from Muslim country and i did convert my religion how can i show to the judge my country condition for example in my country if the government knows someone convert the religion is going to be death penalty so how my attorney or i can approve this?
I did a blog post on April 18, 2018 with links to typical sources of country condition evidence, but you can use anything: Human rights reports, news articles, letters from organizations or expert witnesses, etc. In particular, the US State Department Religious Freedom Report and the US State Department Country Report on Human Rights Practices are given great “weight” by decision-makers (meaning that they are accepted as true and are good evidence). Take care, Jason
Hi Jason, I am a Muslim and a ethnic minority from India. I had many cases of threats and harassments including death threats by unknown people and also beating and detention by government. However, every time I was threatened, harassed, beaten and detained was result of events not directly related to me.
e.g: In March 2022 their was hijab row in India. I didn’t participate in any demonstration pro or against it, but my wife and I were threatened to physical harm by Hindu extremists. Another example would be in 2019 Indian government removed article 370 of constitution of India. During this process the government arrested more than 3000 people in my home state to prevent demonstrations. Even though I was not in my home state and I was in another city of India. I was harassed at a police check point and taken to police station for couple of hours, just because I was from the state which was effected by the removal of article 370.
My question would be, can effects of such indirect events (I don’t know if it can be counted direct or indirect) where I am threatened or physically harmed because I belong to that religion or ethnic group be a base for seeking asylum. I mean as a religious and ethnic minority, I have faced discrimination and harassment however, when something controversial happens the intensity of the threats and harm extrapolates.
Thank you for your time.
I do not think there is a difference between “direct” and “indirect” evidence. It’s just that you were not directly involved in any activities, but you were targeted anyway. Maybe you can get evidence about this (letters from people who witnessed it, for example). This can potentially form the basis for an asylum claim. If these are the main incidents in your case, I think it is not a very strong claim, but it would depend on whether there are other problems and on country conditions. You might want to talk to a lawyer about the specifics of the case to evaluate the strength of the case. Of course, you can file for asylum whether the case is strong or weak, but you might talk to a lawyer first, just to get a better idea of your likelihood for success. Take care, Jason
Dear Jason
I expedited three weeks a go to expedite my green card based on asylum its been a year since I applied!
They rejected and said i wasnt provided valid reason to be eligible for expedite!
Today again i called USCIS and asked to expedite one more time, the customer care person said since you applied one year ago and you are application is out of normal processing time, she created a nother ticket and I already got a notification that my case is out of normal processing time!
My question is that its been just 12 month since i applied for my green card based on asylum?
While the processing time show 40.5 month!!
How comes they said that my application is out of normal processing time!!!
Btw my application with national benefits center? Do you think National benefits center has a different processing time?
Maybe the NBC has a normal processing time that is not published. I do not know about that. But anyway, it sounds like a positive development, so hopefully you get the GC soon. Take care, Jason
Most of the CSR are not knowledgeable enough. You have to tell them that you applied for the GC based on granted asylum. For asylees processing time is 40 to 45 months. They get it confused for i485 based on family or employment. I contacted NBC through my Senator and they said they don’t have time-line for processing i485 based on granted asylum and due to workload and staffing issues it might take longer. Long story short I found out my case was transferred from NBC to LA few months ago and I got my GC within one year of application. They didn’t back date the card so now I am waiting for them to fix the error but at least I have something in hand. Good luck!
Jason, do I have to submit original sworn statements with affidavit or is it OK to just send copy of the originals to the court? My attorney is asking me to send them all originals, and if I will send them all originals then I will have only photo copies of those. Pls suggests …thank you.
I typically do not take any originals from my clients – I only take copies and I only send copies to the court or asylum office (for many reasons, but mostly because they can be very difficult to ever get back). I have the client bring the originals to the court or interview so the judge can see them if they want. It is possible that the judge requested the originals and so your lawyer wants to send those, but in my experience at least, this is very rare (i.e., no judge has ever asked this from me prior to the Individual Hearing, though sometimes they do ask at the hearing or DHS asks for the originals). Take care, Jason
Hello Jason,
I am a Muslim from India seeking asylum based on religious persecution. Once I had an argument with a local person on non religious and non political issue. Later in the night 3 persons came to my house and threatened to kill me and rape my wife, if I disrespect their Gods. I never disrespected their Hindu Gods yet they threatened to kill me because I was a Muslim. I didn’t go to police as I had been persecuted by the police for being a Muslim. I had no hope of receiving help/protection from government. I don’t have proof for the threats as they were verbal. Is it something I can mention in the affidavit without providing any proof?
Thank you.
You certainly can mention it in the affidavit. Maybe you can get letters from people who know about this threat, such as your wife or neighbors. Such letters are helpful evidence for the case. I did a post about how to write a good witness letter on August 16, 2012. Take care, Jason
Good Afternoon Jason,
My master hearing supposed to be at the end of September and it was same thing until today afternoon and I keep checking it every evening and when I checked it today then I have seen it is saying ‘there are no future hearings for this case’ , so why it was removed from SF Court web site? What it does mean? We as a family are in a very high stress and anxiety so highly appreciated if you can help us understand what happened to our case and what gonna be next steps for us?
Thank you,
Rex
It is very common for dates to change or sometimes disappear and re-appear on the same day. You can call the court to ask. You can find their phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Dear Jason
Have you ever seen green card holder based asylum travel back to the country of persecution with refugees travel documents and back to US with no issues,.!?
Our case is not fear of government . Our parents are so sick and old they don’t able to travel to the third county. Do you think spending only 2 weeks will make any problem when we back to US or when we apply for citizen .?
Thank you & Appreciate your respond
I have seen people travel to the country and return to the US with an RTD. Whether they entered the home country with an RTD, I do not know. I did a post with more information on January 6, 2016 if you are interested. Take care, Jason
@Jason Did they face any issue at their return to the US ?
The worst any of my clients faced upon return was a delay in re-entering, but that was not very often and as far as I know, they were not long delays. Take care, Jason
Did your clients have any problem during naturalization? In another words, have you ever seen a former asylee having serious issues during the naturalization process because they returned briefly to their home country for some serious/urgent matter? Thanks
I have not had a client with that problem, even though some have returned to the country of persecution. Just because I have not seen it does not mean that it never happens, and I think the risk is greater where the person fears harm from the home government, as opposed to a terrorist group. I do think it is wise to be prepared to explain any such travel, with evidence, if possible. Take care, Jason
Hi All how are you,
I submitted the I-131 application for RTD last Friday Aug-12-2022 as an Asylee, for my Wife
I request to expedite it with a Medical report for her Father
Today I received the Notice mentions:
received date : Aug-15-202
Notice Date: Aug-17-202
Total Balance Due: 0.00$
” We have received your form and are currently processing the above case. If this notice Contain a priority date, This priority date does not reflect earlier retained priority date.
It mentioned ‘If we determine you must submit biometrics, we will mail you biometrics appointment with the place and time’
When I checked online I found this message:
fingerprint fee was received
1- Is it a good sign that they send a notice in 5 days ?
2- Is that mean they Approve the expedite?
Thanks
I hope it’s a good sign, but I’m afraid it’s just a pretty standard practice – they sent you a notice that they received your application and are working on it
Now you should wait for the next steps, potentially biometrics appointment, but to me it doesn’t seem to indicate if they decided to expedite your case, or if they will approve it any time soon
Thanks Naya
I do not think this means they approved the expedite request – I think they just happened to process it quickly, which hopefully is a good sign. You can try to follow up with a call to USCIS. I wrote about that on January 29, 2020. Take care, Jason
Dear Jason
I received my RTD but i cant travel with RTD since INDIA DOES not issues visa on RTD I requested to expedite my green card application but today again denied dont know what to do and HOW STUPID its to see one year RTD after a year of wait in 5 month i cant use RTD since no country issues visa if its less than a month.
Here is a denial note regarding my gc expedited request “””” We regret to inform you that we cannot grant your request for expedited processing of your I-485. USCIS records show that you are an Asylee from X country. You did not provide a valid reason that meets the requirements for expedited processing of your I-485. You should receive further information regarding your case in the near future. If you do not hear from us, you may contact our National Customer Service Center using the information listed below.
What do you understand from this deniel notes, and what should i do i want to be with my parent india and that is the only country i can travel and parent can come its been seven years that i away! They need me in this hard times when i called USCIS THEY SAID green card bases on asylum takes 40 month which is f***** stupid
You can try again to expedite – I wrote about that on January 29, 2020. Otherwise, if you have the RTD, you could travel to India on your passport and return to the US with the RTD. While there is some risk involved, it is probably not that much – and I wrote more about that on May 25, 2022. That post should give you an idea about the risks of using your passport. Take care, Jason
Ho Eli ,
I have question plz
When you submitted the RTD application,
How long did you wait to receive a notice?
Thanka
Hi Jason,
If the I-730 beneficiary is inside the U.S., how long usually the process takes? Does the beneficiary gets their social security shortly after the approval?
Thanks
The process takes 1 to 2 years (I think I-730 processing times are listed at http://www.uscis.gov). During the long wait, you cannot get a work permit or SS card, but once the case is approved, the person can get a work permit and Social Security number. Take care, Jason
Hi Jason,
Can a Indian Muslim seek asylum in US based on religion, considering Hindu right wing party(BJP) ruling the country and problems of Muslims increase?
Thank you!
Yes, but the strength of the case would depend on the specifics of the situation: Was the person threatened or harmed on account of religion? Did the person go to the police and how did they react? Etc. The fact that the government is hostile towards Muslims is a piece of evidence that would also be relevant and help the case. Take care, Jason
Dear Jason ;
I wish you all the best.
My asylum based family petition I-730 got approved and pending for 490 days at NVC.
One of my approved I-730 son has wronged translated birth certificate in his name as his actual true name is combined name “Zeyazen” and wrongly translated as “Yazen “ and therefore all of my USCIS and NVC documents goes in his name of “Yazen “.In my home and family we used to name him as “Yazen “.
Also his passport document recently issued in his name of “Zeyazen”.
My questions are as follows;
Is this going to be problem when NVC starting process his visa and therefore may result not issuing him a visa?
As it’s so hard and difficult in our country to proceed correction his name as it needs to start from scratch to proceed this transaction and there is no minimum success to get it done.
Did you recommend me to proceed his name correction with USCIS and NVC right now before any commencement of his visa processing by NVC as whole of family petition case is still pending there.Or just proceed it with NVC only?
I would be much appreciated to give me the right paths to correct his name if you thought I need to do so immediately.
Thank you for your consideration and time.
This may be a problem – you should try to gather as much documentation as you can about his name(s), so you can present those to the embassy if they are needed. I do not know how best to correct his name at the NVC at this stage. There is a link under Resources called I-730 Family Reunification Manual. That may have some suggestions. I do think it would be better if you can inform the NVC about the name issue before it goes to the embassy – this website has some info for contacting the NVC and maybe it would help: https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/nvc-contact-information.html. Take care, Jason
Hi Jason,
I hope you are doing well. Talking about the family reunion I have some questions. I have a pending case and I recently got married. My wife came here as an international student; I would like to add her in my case a dependent. However, she wants to open her own case. What are you going to suggest to us? Do you think it will be good to add her as a dependent or do you think she should have her own case? What are the advantages and disadvantages of each situation?
I look forward to hearing from you.
You can do either (or technically, both). If she has a strong case, she may want to do that on her own. If she wins, she can file an I-730 for you to get asylum (this process takes 1 or 2 years). If you win, you can file an I-730 for her. If you are joined together, and you win, you will both get asylum at the same time. Joining a person to a case can be very annoying and time consuming, but once it is done, she can file for the EAD immediately (assuming you already are eligible for the EAD). Also, be aware that depending on how you do this, she may need to file her case at the Atlanta Vetting Center (check the I-589 instruction about that, available at http://www.uscis.gov). Take care, Jason
Hi Jason, hope all is well. Today my online status changed to “fees were waived” that means they approved my asylum case?
I file a mandamus against USCIS and tomorrow is their deadline to give me my decision. Thanks again
That is a positive sign, but I think you need to wait for the paper order to be certain. Good luck, Jason
Thanks Jason; I just received my approval notice(pdf) after 6 years; so I would say lawsuit/mandamus definitely works. I really appreciate for your support and help
Hi Jason,
I have some questions, but before I ask, I want to share little information about my case:
1- I Applied for asylum on August 31, 2016
2- Sent an expedited interview request on October 21, 2021 (denied)
3- Sent another expedited interview request on May 9, 2022
4- I filed a lawsuit against USCIS on June 10, 2022
5- My second expedited request was approved on June 21, 2022 ( I do not know whether it was because of the lawsuit or not)
6- I went to an interview on July 27, 2022
7- They gave me a letter and asked me to come to Arlington Asylum Office on August 10, 2022, at 1:00 pm to pick up my decision.
But when I went there, they told me they did not have any decision ready for me to pick up
Note: I had a very positive and good interview!
My questions?
A- Is it possible they did send my case to HQ because I filed the lawsuit?
B- What is the average timeline now for having decision ready by Asylum Office (Arlington)?
C- How can I find the reason for this delay?
D- If the delay is because of a background check, does it mean it is approved and went to a background check? Or do they do the background check for denied cases too?
Thanks
A – I think that is not a reason to send your case to HQ, and so I doubt that. B – There is no average that I know of, but many cases take months for a decision. It is also common to have a pick up decision changed to a mail out (though normally, they call you in advance so you do not waste your time going to the office for nothing). C – I doubt you can find out the reason. D – I am not sure, but I have seen cases that were delayed get denied. If your lawsuit is pending, it may require a decision within a certain time period, so maybe you should check that. Otherwise, there is probably nothing effective you can do, aside from making an inquiry about the status of the case (though this accomplishes basically nothing). Take care, Jason
Thank you for sharing I’m in the same situation, my interview was on June 29 and the AO called me asking me to wait for the decision in mail . So I’m waiting. Maybe we need to email them . I started to worry but knowing that I’m not the only one gives me hope
Hi Jason,
Is it okay for an asylum seeker to have lied to her country’s government to protect herself?
e.g: I was participating in separatist party meetings but when the local police interrogated me, I lied to them that I had stopped participating in the meetings.
I was also threatened by my country’s government to spy for them on separatists which I never did.
Is it ok to write this in the affidavit / say it in the asylum interview?
Appreciate your help!
Thank you.
Yes – we see issues like that pretty commonly and it does not block anyone. Also, it seems relevant to your asylum case and seems like the type of info that would normally be included. Take care, Jason
Hello Jason,
I have a pending employment-sponsored green card application (Phase 3 – Pending I-485 Application) right now and my wife has a pending asylum case. I would like to petition for her. do I have to wait until the end of my case to petition for her or is there any provision that I can use to pull her into my case as a spouse?
thank you very much for your help
Thanks for sharing, Jason.
Usually a spouse can be included with a GC application based on employment, so maybe she is eligible, though it depends on her specific situation and you/she should talk to a lawyer to determine her eligibility. Once you have a GC, you can also file a petition for her, but again, whether she is eligible to get the GC without leaving the US depends on her current situation and so she should talk to a lawyer to determine her eligibility. Take care, Jason
Hello Jason,
I read a response from you to one of the comments stating “A Reentry Permit is for people with a green card”. I am a bit confused. I thought GC holders through asylum need to apply for RTD only.
1- I have a pending I-485 application and filed for RTD only. Is RTD enough for me to leave the US? (I won’t leave before the USCIS finalize the I-485 and issue the GC).
2- Would you please briefly help us in categorizing when would people need to apply for Reentry, Advanced Parole, and/or RTD?
1 – If you are waiting for a GC based on asylum, the best travel document is the RTD. For other (non-asylees) with a GC, they can use the Reentry Permit. You could also, once you have the GC, but the Reentry Permit is not meant to be used in place of a passport, but an RTD is. 2 – AP is for certain people waiting for status (for example, people with a pending GC based on marriage or someone with a pending asylum case). Take care, Jason
Hi Jason, Just wondering if you or someone else can answer this. What is considered too long for a time line between N400 interview and receiving the oath schedule letter in the mail? it says “recommended approval and in line for oath schedule” in uscis account and I was told that I should be getting a letter for oath in 7-10 days but its been 2 weeks now and there is no letter or change in the online account. Should I be reaching out field office and if yes, then how to do that? Thank you.
It is common to get the oath ceremony shortly after the interview, but not always. I doubt there is anything effective you can do after only 2 weeks. Maybe if there is nothing after 90 days, you can try calling, but hopefully you will hear long before that. Take care, Jason
Well written Mr Jason. I enjoyed your prospective and broad assessment on this issue.
Thanks.