It is not easy to convey the magnitude of the ongoing disaster at EOIR, the Executive Office for Immigration Review, the office that oversees our nation’s Immigration Courts. Simply stated, the agency is rescheduling and advancing hundreds–maybe thousands–of cases without notifying attorneys, checking whether we are available to attend the hearings or checking whether we have the capacity to complete the cases.
On its face, this appears to be a mere scheduling problem. But in effect, it is a vicious and unprecedented assault on immigrants, their attorneys, and due process of law.
For me at least, the problem started small. A few cases were rescheduled and advanced without anyone at the Immigration Court bothering to inquire about my availability: Your case that was scheduled for two years in the future has been advanced and is now set for two months in the future. I was angry and upset, but I did not want to let my clients down. So I set other work obligations aside. I set family time aside. I put off doctors appointments. And I completed the cases, which were approved. I hoped that these cases were anomalies and that EOIR would stop this unfair and abusive practice. But that was not to be.
Instead, EOIR has dramatically expanded its effort to reschedule cases, often without providing sufficient notice–or any notice–to get the work done for our clients. As best as we can tell, the problem is occurring in California, Colorado, Maryland, and Virginia. I myself have had about a dozen cases rescheduled and advanced (so far). These cases had been scheduled for 2023 or 2024, and suddenly, they are now set for the fall of 2022. Other attorneys have had 20, 30 or more cases advanced, including some that were double booked. One lawyer reported having seven cases scheduled for the same week and 47 cases set for one month. Another lawyer purportedly told a judge that if she had one more case scheduled within the next six months, she would commit suicide.
Here, I want to break down what is happening, so noncitizens in Immigration Court can at least have some idea about EOIR’s disruptive practices.
First, when I say that EOIR is not providing notice of the hearings, that is not entirely accurate. They are not sending us a notice or contacting us in advance. Instead, they are posting the new hearing dates on our portal. What does this mean? Each attorney has access to a portal page with a calendar. We can scroll through the calendar one month at a time. Days with hearings are highlighted, and we can click on those days to see what is scheduled. When I review my calendar, I often find new hearings that were not previously on the schedule. The only way to know whether a new hearing has been scheduled is to scroll through our portals month-by-month and compare what’s there with our existing calendar–a burdensome process that leaves plenty of room to overlook a date. Needless to say, every time I sign on to the portal, I feel a nauseous sense of dread about what I might find.
Once we discover the new date, we need to review the file, contact the client, and determine whether we can complete the case. This all takes time. If we cannot complete the case, or we do not have an attorney available on the scheduled date, we need to ask for a continuance. Of course, clients who have been waiting years for a decision usually want to keep the earlier hearing date. They do not understand why we cannot complete the work or why we are not available that day. Their perspective is perfectly reasonable, but they only have one case, where lawyers have many and we are daily being ambushed by EOIR with additional work. All this can result in conflicts between clients (who want their cases heard) and lawyers (who need time to get the work done). It also makes it difficult to serve our other clients, who must be pushed aside to accommodate the new work randomly being dumped on us.
Even if the client agrees to request a continuance, that does not solve the problem. Motions to continue can be denied. Even when they are granted, the judges tend to reset the date for only a few weeks in the future, which is often not enough time to properly complete the work. Other times, judges simply do not rule on the motion, so we are left to prepare the case, not knowing whether it will go forward or not.
Also, while we sometimes discover a new date that is a few months in the future (and so in theory, we might have time to do the work), other times, the new date is only a few weeks in the future. Since the evidence, witness list, and legal brief are due at least 15 days before the hearing, and since even a “simple” asylum case takes 20 or 30 hours to prepare, this is not nearly enough time. Worse, some cases are randomly advanced and placed on the docket after the evidence is due, and so by the time we have “notice” of the case, our evidence is already late.
Adding insult to injury, another common problem is that cases are still being cancelled at the last minute. And so we drop everything to prepare a case, only to have it postponed once all the work is done. Since this is all utterly unpredictable, it is impossible to prioritize our work or advise our clients.
Again, if this were only a few cases, attorneys could set aside other work and get the job done. But lawyers who do immigration law tend to have many cases, and we are seeing dozens and dozens of cases advanced with no notice. This is such a blatant and obvious abuse of due process that it is impossible to believe it is accidental. I might have expected this policy from the Trump Administration, which was hell-bent on restricting immigration by any means necessary. But as it turns out, President Biden’s EOIR is far worse than President Trump’s. Indeed, the current level of callousness would make even Stephen Miller blush.
The solution to these problems is so basic that it should not need to be said, but here it is anyway: EOIR should stop advancing and rescheduling cases without notice and without consideration for whether we have time to complete the work. Unless something changes, we can expect many noncitizens to be unfairly denied protection, immigration attorneys will leave the profession (or worse), and EOIR will become illegitimate. Let us hope that sanity and decency will soon return to the Immigration Courts.
[…] procedures will mostly affect applicants arriving at the U.S. Southern border, but the problem of rescheduling and advancing cases with little warning is nation-wide. The report notes […]
[…] Courts have hired lots of new judges, and many cases are moving more quickly (often at the expense of due process of law), many other cases are stuck in limbo. My oldest court case involves a client whose case has been […]
[…] Courts across the U.S. have been randomly rescheduling and advancing cases without regard to attorney availability or whether we have the capacity to complete our cases. The […]
Sometimes a client wants to speed up the process as they are on the clock.
Many of my clients want their cases to go faster, and this is understandable. However, the courts randomly advancing cases with no regard for due process of law does not solve that problem. It just creates more chaos and unfairness. But at least EOIR can show that they are reducing their backlog, so that is something. Take care, Jason
Hi Jason,
My individual hearing was suspended one and a half years ago. Even though the judge had already approved our motion ten months ago, there is still no scheduled date. We tried to reach the clerk a few times, but each time they said there was no time available. New York immigration court is a mess. Do you have any recommendations? I feel frustrated. We even tried PD but it was declined.
This is a very common story – those who are ready for their case wait forever, and at the same time, people who are not ready are scheduled with little advance notice. Aside from filing a mandamus lawsuit or moving to a location with a different court, I think you can only try to call again or file another motion. Take care, Jason
[…] Asylumist has written about the issue of EOIR dramatically expanding its effort to reschedule cases, often without providing sufficient notice–or any notice–to get the work done for clients. In that post it’s noted that they believe the problem is occurring in California, Colorado, Maryland, and Virginia. I know I haven’t had many cases advanced in New York (only two) but I’ve seen cases getting set for individual hearings in mere months as opposed to one or two years. I had twelve cases set for October 2022 since the summer. The Asylumist post describes having “about a dozen cases rescheduled and advanced (so far). These cases had been scheduled for 2023 or 2024, and suddenly, they are now set for the fall of 2022.” […]
Hi Jason
I had an Individual hearing on Nov 16 2022. When I went online it says there are no future hearing for this case. Is there anything that I can do?
Thank you
Court cases are being moved around a lot, so this is not a surprise. Probably, it will be rescheduled soon – and you can call the court to ask. You can find their number if you follow the link under Resources called Immigration Court. If necessary, you can also file a motion for a sooner date – I wrote about that on April 20, 2017. Take care, Jason
HI Jason,
I am a USA Citizen, filed I-130 petition for my mother who lives outside the US. My mother’s case is UNHCR Priority 1 and she has A-number who is linked to her children. Her previous refugee case was denied due to false accusation. During her consulate interview can she present her argument to the US Embassy. Will the embassy help her about her previous refugee case status denial if her previous case was made in error by the refugee officer.
I hope a reply
Thank you!
I do not know about that, but I doubt it. When she goes to the consulate, it will be for the I-130/green card interview. She should be prepared to explain there about the false accusation, since the same problem that blocked her from refugee status might affect her ability to immigrate to the US based on the I-130. I am not sure how she can appeal the issue with the refugee designation. I know of one group that can sometimes help refugees (they are in Egypt): https://stars-egypt.org/. If they cannot help, maybe they can direct you to some group that can. Take care, Jason
If you already waited close to a decade (7) by the time you have been granted can you file for mandamus if green card not arrived within 6 months ? And will that help . I’m done waiting for anything immigration wise really
You can always file a mandamus, but I doubt that would be effective for a GC case where you filed “only” 6 months ago. That is still within the normal processing time, and unfortunately, USCIS gives no credit or priority to people who waited for years to get asylum when those people apply for a GC. Take care, Jason
6 months within the time line ? Whatever happened to their90 days rule ? What’s the time line on their website
There is an exception to the regulations that set forth the time line, so that cases with extraordinary circumstances do not need to be decided on time. All cases now meet this criteria, since the extraordinary circumstances are that they are too busy. This regulation can be the basis of a mandamus lawsuit. Part of the problem is that the asylum interviews are so inefficient, and part of the problem, of course, is volume. Take care, Jason
Hello ,
I would like to ask about the documents a person should have as he plans to re-enter the country in Advance parole ,do I have to have my work authorization ? Mine is expired and I only have the receipt of the renewal?
Thank you
I might bring those documents anyway, just in case, but the documents you should need are the valid AP paper and your passport. I would also have evidence of your pending asylum case (or whatever application the AP is based on). Take care, Jason
Hi Jason, Could you please help me with Question 25 of I-485: Have you ever been committed a crime of any kind even if you were not arrested or charged? I am only asking about this question as there are more questions about criminal history which I know how to answer.
I was once arrested and charged with a 5th degree theft (less than 200$). I plead not guilty and did not admit any guilt. The charges were dropped with a deferred prosecution agreement (no fines, no probation, no admission of guilt). How should I answer to Q25? I do not believe I committed a crime as I was not guilty.
Presumably you answered other questions on the form and admitted that you were arrested (and explained that you were not convicted and included evidence about the outcome of the case). The question you mention refers to crimes where you were “not” arrested or charged; since you were charged for this crime (theft under $200), you do not need to mention this crime for question 25. Take care, Jason
Hi Jason,
I’m so grateful with all information, insights, advices, expertise and counseling you provide to asylum seeker community trapped in a decade long system. It is so hard .
I have a question: With a granted TPS and AP, is it safe to travel to a third country and safely re-inter in US while the asylum case is still pending in court? I have a court individual hearing next year and I was recently granted TPS and I plan to apply AP so I could travel to third country to meet with my loves one.
I have had client do exactly that and return with no problem. However, they did it without telling me, and honestly, it makes me very nervous. I have not researched the law on this point and my guess is that you will get back into the US just as my clients did, but legally, my worry is that leaving the US while you are in court normally results in an automatic deportation. I think they could do it because they had some status here (TPS), but I am not sure how the court case and the TPS interact – at least I have never looked into it. One option, if you want, is to try to dismiss the court case. That should be possible if you have TPS, and if that happened, then there is no worry about traveling. Also, if you did that, you could re-file for asylum at the asylum office (though if you take this route, you should re-file soon after the court case is dismissed; otherwise, you could have an issue with the one-year asylum filing deadline; I wrote about that issue in general on January 18, 2018). Take care, Jason
Is Asylum seeker Non resident alien?
I think it depends for what purpose you are asking. An asylum seeker is a non-resident and (under the Immigration Law) is an alien, but I think you are referring to something more technical in another area of law, and you would need to find out how that term (non-resident alien) is defined in order to know better. Take care, Jason
Mortgage application question about citizenship?
I have no idea – I think you would need to see how the mortgage application defines non-resident alien, or maybe that term is defined in some statute or regulation related to real estate. Maybe the real estate agent or lawyer would know about this. Take care, Jason
It depends on how much time you resided in USA. After certain period of time you become Resident alien. And before that you are considered Non resident alien
Hello Jason and all,
Quick question,
I am planning to travel to Canada next year and my current status is Pending asylum waiting for intial interview! My country of origin Passport has already expired and I am not planning to renew it. If so is it possible to travel with only Advance parole at hand? Will the Canada immigration allow to enter their country with only AP?
Thank you,
As far as I know, this will not work. AP acts like a US visa and allows you to re-enter the US, but it is not a passport and does not allow you to enter other countries. Maybe there is some exception for Canada, but I have not heard about that before and I doubt it. Maybe you can reach out to the Canadian embassy to find out for certain. Take care, Jason
You need a valid passport and Canadian Visa to enter Canada I believe. I am planning to visit Canada next year for vacation. My passport will still be valid, as well as my Canadian Visa, but I will be traveling with my RTD at the same time too.
Hello Jason
Nice blog. I have bee n following you since 2015. I got approval last week. My question is how can i apply for advance parole and when will i get it? I wanted to visit Mecca this year. If i apply for advance parole and then leave will i be able to re enter?
Regards
If you mean that your asylum was approved, you should not apply for AP – instead, apply for the Refugee Travel Document, using form I-131, available at http://www.uscis.gov (this is the same form you use for AP). The RTD probably takes 8 to 10 month to get, but you can ask USCIS to expedite and maybe that will help. I wrote about expediting in general on January 29, 2020. Take care, Jason
Congratulation Zarmeena Khan, we wish you a safe trip to Mecca. Would you mind sharing your timeline? When did you have your interview? How long it took the USCIS to mail you the decision?
Hi all
Thanks for your help
finally we received the RTD for my wife , She will travel in 2 weeks
Any advice about that ,? Any documents she needs to have before travel ? She is not a worker and She didnt file a tax and I read in the RTD there is tax statement she need to have before travel ?
Thanks and please any one had an experience with travel with RTd plz tell me
thanks
Hi NAB
Would like to know how long did it take you for a RTD ?
and which country is she travelling to if I may ask.
Thanks
Mariyam
Hi
We expedite the request for my wife’s father he so sick , Took around 2 months
She will travel to 3rd country, She doesn’t have same passport of mine so she is dependent
Hello,
Thank you Jason for all the help, I will like to know how the expedite request process works, I applied for RTD in February 2022 and nothing yet form USCIS, I called to expedite based on Humanitarian reason but I haven’t heard back from USCiS for me to send the evidence. What can I do or do I have to call them back? Please kindly assist.
Thanks again Jason
There is no easy system and without expediting, RTDs seem to be taking 10 to 12 months. You just have to call them again and ask to expedite again, Good luck, Jason
Hi TEE
We called them around 6 times. the last call the lady was super nice and she helped us to send all documents and within 2 weeks we received RTD
Call and call and call
No other document should be needed to re-enter the US. She might want to have her passport with her, just in case that is needed. Also, I would make a scan of the RTD and other important documents and keep that in her email, so she has it in case she loses her documents. Take care, Jason
Good afternoon, Jason and the community! I am a derivative asylee and applied for adjustment of status. Today I received a letter stating that my case is ready for an interview. I am a little bit nervous. Did anybody have similar experience? What typically happens at these interviews and is it recommended to bring an attorney? Thank you
Hi,
Do you mind sharing when you applied? Also, guess most people are being interviewed lately. Good luck at your interview
Hi,
Do you mind sharing when you applied? Also, guess most people are being interviewed lately. Good luck at the interview
Hi, Curious! Sorry for the late response.We applied August of 2013, I believe interview was in 2015, referred to Immigration court and Granted in court November 2018. Applied for GC in February 2020 and still pending.
USCIS was trying to interview all asylees (though they never succeeded completely in this), and so receiving an interview is normal. Mostly, they should just ask about the information on form I-485, but they can ask anything they want. It is rare for them to ask about the asylum case, but it does not hurt for you to be familiar with that. Do not be afraid to say that you do not know, if you don’t know or don’t remember some information. As for a lawyer, that is up to you, but if you have any criminal or immigration issues in the past, it is probably a good idea. Also, if money is not an issue, it is nice to have a lawyer just in case the interviewing officer is a jerk (this is rare). Take care, Jason
Jason & the community,
I am curious how soon derivative asylee could get the i94 card and apply for Social Security? Can they get it upon arrival at the airport or later from online? Is there anyone who recently welcomes derivatives family ?
Thanks
If you are arriving based on an I-730, I think you get the I-94 upon entry. The work permit and SSN will come later, but I am not sure about the wait time these days. Take care, Jason
Hi,
Do you mind sharing when you applied? Also, guess most people are being interviewed lately. Good luck at your interview
Hi Jason, I am divorced and I am on my ex husband’s case which is in MCH. I am preparing to apply for my own application. Will my application go to USCIS or in court? Will I be getting interview from USCIS or no?
If you are in court, your case will be in court. Since you are divorced, you no longer have an asylum case, and it is important to file your own asylum case (assuming you want asylum) as soon as possible due to the one year filing deadline (I wrote about this deadline in the context of dependents on January 26, 2022 and February 10, 2022, but you really need to talk to a lawyer about this issue; I also wrote about the one year filing deadline on January 18, 2018). Also, once you are divorced and no longer a dependent, your EAD becomes invalid, and so that is another reason to file your own case as soon as possible. In short, you need to take action quickly and you should talk to a lawyer about how best to proceed. Take care, Jason
Hello Jason,
I have pending asylum case without interview. My wife is US citizen. She is going to sponsor me for GC.the lawyer who is supposed to file the paperwork will not be available until the late October. So, we decided to file i130 without lawyer and then for i485 the lawyer will fill the form. Based on your experience Do you think file i130 and i485 separately would cause the delay of the interview and adjustment of status?
Thanks
I would just wait and file everything together. I think there is probably very little benefit of filing the I-130 first and then the I-485 a month later. More likely, it will cause confusion and delay. You can file the I-130 first, but in a situation like this, it seems easier to wait and file everything together. At least that is my opinion. Take care, Jason
I had an EAD based on OPT which expired in 2020. I have since applied for asylum and am awaiting an EAD based on category c(8). Does the asylum EAD count as an initial application or a renewal? Thanks
Assuming that is your first c-8 EAD, it is an initial application. It is only a renewal if you are applying for an EAD in the same category as your prior EAD. Take care, Jason
Thank for the reply! I just received an email from the USCIS ombudsman that I should only reach out to them after Sep 2023. As you mentioned, this is my first, initial EAD based on asylum; the previous EAD was based on OPT.
What should I do now? Seems like USCIS thinks it’s a renewal application.
You could try contacting the Ombudsman again (I forget whether you can email them back – I think not, and that you have to go to the portal page). You can explain again that this is an initial EAD and that USCIS is supposed to process such cases in 30 days. Take care, Jason
My cousin wife is in the US. She got a B2 visa to attend a CDC conference for 2 months. he came to the US 6yrs almost ago, applied for asylum 6yrs ago for fear of what happen to him by people the govt support due to his advocacy, have not seen his wife and children for almost 6yrs. He has his case in court for final decision from the judge, What can he do? both of them want her to go back because of the children. She also planning on using the same visa to come back to the US after 3months when she return. How long should be on her visa to return to the US? (6months?, 2months?, one month? how long?
Also will it be ok if she stays now with him and wait for the final decision? what can she do?
If they want to go back, they can just leave the US. He could ask the judge for Voluntary Departure (assuming he is eligible) and then leave. If she wants to stay, she can wait for his decision, and if it is approved, he can file an I-730 to get asylum for her (this process probably takes 1 to 2 years and she will not have a work permit during the waiting time). If he wins, he can also file an I-730 for his children, assuming they are eligible (meaning they were under 21 when he filed for asylum and they are still unmarried). If she plans to travel back and forth, I guess she can do that, depending on her visa. If she stays in the US too long on one trip, she might have trouble returning, but that is hard to predict – she should probably talk with a lawyer about how to approach this question. Also, of course, if she stays here beyond the permitted time and then leaves, she will have a difficult time returning and could be barred from returning, depending on the situation. Given all the variables here, I think they would do well to talk to a lawyer about all the specifics and then decide how to proceed. Take care, Jason
My cousin applied for asylum and is in court for final hearing? He terminated for VA made by another staff. He said all the staff said about him was not truth. but the company told him to signed the document about what the staff said about him and he refused. He was then told not to go to work. and the company filed the report to the state human services for VA for not giving the right care to the person. I know my cousin, He is very hard working and don’t rest. he always ready to work and out to work at any time once call upon.
Will this affect his Asylum case in court? IF so what can he do if he stay think what the staff said about him is wrong? will the court not grant him asylum based on the VA report that was filed? His case has been pending for final decision in court for almost a yr now since his last hearing.
I doubt being fired from a job would have an effect on his asylum case. If there was a criminal charge, that could have an effect, but if he was fired, I do not see how the judge or DHS (the prosecutor) would know about it, and even if they did, it would be unlikely to affect the case. Maybe if he is worried about that, he can get evidence that he is a person of good moral character and so he will have that to counter any negative evidence that exists in the case. I would talk to a lawyer about this, though, to see how best to approach the issue. Take care, Jason
Dear Jason,
My asylum case has been pending for several years, no interview scheduled yet. Question is: my mom 60 years old back in my home country would like to visit me in the U.S.
Is it going to be issue to get B1/B2 for her considering I am pending asylum case here? I have never been out of status, neither illegal presence/criminal record etc,,, I was in F-1 for a few years, graduated and have decent job now in tech. Note: my parents have no connection with my case, it’s not related. I am sponsoring her travel expense while here visiting. Please advise if theres any chance that she can get issued tourist visa.
Thank you,
There is no mathematical answer. The fact that you have an asylum case may make it more difficult for her to get a B visa, but if she presents a strong case, she can get it anyway. A parent cannot join your asylum case, and so for that reason, it is probably less of an issue for her than it would be for the spouse of an asylum applicant, for example (who could join the case after arriving in the US). In short, I think she needs to present as strong a case as possible and be prepared to explain why your case is not relevant to her. Take care, Jason
Dear Jason,
Thank you for your help and support.
I applied for my NIW EB1 and received approval for that. I have been consulting with multiple attorneys for AOS and have been getting a mixed response, given that my case is in a removal proceeding.
I have gone through a few of your articles of August 2018 and got to know about 245 a and c. However, I came across a part of law 1101 (27) (H) (i) as a “special immigrant”. I would like to know if being a foreign medical graduate and able to practice in the USA, would I be able to come in a category of special immigration according to the 1101 (27) (H) (i).
Thank you, I will appreciate your response.
Dear Jason,
Thank you for your help and support.
I applied for my NIW EB1 and received approval for that. I have been consulting with multiple attorneys for AOS and have been getting a mixed response, given that my case is in a removal proceeding.
I have gone through a few of your articles of August 2018 and got to know about 245 a and c. However, I came across a part of law 1101 (27) (H) (i) as a “special immigrant”. I would like to know if being a foreign medical graduate and able to practice in the USA, would it make me special immigration according and prevent the effect of 245(c) on me.
Thank you, I will appreciate your response.
I do not know about that, sorry. I also do not know whether you would have any way to adjust status in court. I doubt it, but if that were possible, it would probably be under INA 245(k). You are going to need a lawyer to research this and present a strong brief to the immigration judge, especially since many of the newer judges do not know much about immigration law and this is a very obscure issue. Take care, Jason
Hello Jason,
I hope everyone is doing great, I would like your help as well as your advice , my husband and I are pending asylum applicants and TPS holders and recently we have been approved advance parole , we want to travel to see our kids in a third country and it is Saudi Arabia , I have heard many stories how Saudi Arabia doesn’t accept advance parole as a proof to board the plane and return to America , we have also applied for evisa to Turkey , in case we face any issue from the Saudi authority , I don’t know what to do I feel it is risky to travel but this is the only choice and destination we have , we will use our home country passports and we have been issued a visa to enter Saudi Arabia , I would like if anyone here has been through the same situation or they have travelled to Saudi Arabia and turned back to the United Sates using Advance Parole , ir even uses an evisa and come back through Turkish Airlines .
Thank you
Hi Jason.
Please do asylee need to pay I-765 fee for categorie A05.
I mailed I-765 application form with:
– I94 granted stamp
– Approval letter from USCIS
– Final decision of IJ
-copy of my expired EAD card
– Copy of SSN
– copy of passport
-2 passport photo.
I was supprised that USCIS sent back the package with rejection notice for improper payment fee.
But the instruction said for category A05 no fee.
Hi- Jason is going to respond to your question soon. You did not say if the application is a renewal or your first A5 EAD (after the asylum grant). If this is a renewal of an A5 EAD, you should pay the application and biometrics fees. If it is your first A5 EAD, you are not required to pay for the EAD. If it’s your first A5 EAD, you can explain that it’s your first A5 EAD and let USCIS know that the information is on their website.
As a side note, asylees (those granted asylum) are not required to get an EAD for the purpose of proving employment authorization. If, however, you want to get the physical card for convenience, that’s up to you.
Hi Jamie,
This is my first EAD application for category A05. It is why I included a copie for the last EAD categorie C08. But in the application I checked for renewal
Chantal :
I believe ,If I am not wrong, Thats where you made mistake by clicking the renewal option for A05, where It was your first EAD under this category under A05. Would have been renewal If it was C08.
You are right Dove. I checked the wrong box. For me I thought I was renewed my EAD ( 3rd time) under another category after granted by IJ.
So how to correct it now?
I believe the first EAD category A05 is free, can I print the application and fill out the first page by checking the box 1a( initial permission to accept employment. Big thanks to Jamie who attracted my attention for the mistake. Also thank you Dove
Maybe checking renewal was the problem, since it is not a renewal. Even so, maybe try the post order instructions first to see whether that works. Take care, Jason
I think for second and subsequent EADs based on a-5, the person does not need to pay the biometric fee. So the fee is $410. Check the instructions to be sure, but I think that is correct. Take care, Jason
The first time you apply under category a-5, it should be free. Maybe you want to Google “post order instructions in immigration court” and follow those. That should get you an I-94 and a new EAD (though it entails calling USCIS, which is a big pain). Take care, Jason
I do not recall whether I had a client use AP to leave Saudi Arabia, sorry. It operates as a US visa, so I do not see why it would not work, and I have never had a client with a problem returning to the US with AP. But of course, it is Saudi Arabia, and so you can never be too careful. Take care, Jason
Hi Jason,
Hope you are well! Could you please help me understand this difference between lawful permanent resident and permanent resident alien?
Some banks for credit applications ask this question: are you a permanent resident alien? I am an asylee, don’t have a green card yet and not sure how to answer this question.
Hi- Jason will respond to your question soon. Only valid green card holders (people with lawful permanent resident/LPR status) can have the term “permanent” in their immigration status. To live and work permanently in the US, you must be an LPR. While asylees have an indefinite status, asylee status is not permanent. As such, having asylee status is not considered permanent resident alien- nor is it considered permanent resident alien. For credit card/bank loan applications, you must say that you are neither an LPR nor a US citizen. The system should then prompt you to put the country you are a citizen of. To feel more at ease about the application, perhaps you can call the bank and a representative will help you choose the correct status for the purpose of their application for a loan/credit card.
Correction: “… nor is it considered lawful permanent resident.”
Thank you so much Jamie.
The correct term in immigration law is lawful permanent resident. State laws or other federal laws may refer to LPRs as “permanent resident aliens,” but maybe that term includes others as well – I do not know. I think you would have to ask the bank, as – arguable – an asylee is a permanent resident alien (though an asylee is not an LPR – the asylee must apply for LPR status and obtain that status using form I-485). Take care, Jason
Thank you so much, Jason.
Jason, what you describe is 100% accurate, and is happening at many, if not all, of the nation’s immigration courts. It is impossible to diligently and zealously represent our clients before EOIR, because we literally need to check our EOIR portals every single day to find out whether a case will be going forward, has been advanced, or has been adjourned–sometimes for years. The assigned IJ often changes as well, sometimes at literally the last minute. So, you may end up with an IJ who knows nothing about your case, or worse–an IJ who knows nothing about immigration law, period. And each IJ has their own set of procedures, so while we are required to follow the Immigration Court Practice Manual, the lJs are not. So how are practitioners (and DHS attorneys) supposed to know which filing deadline to follow–the 15-day rule found in the Practice Manual, a call-up date set by the original judge, or a new date set by the new judge, sometimes in the form of a “scheduling order.” And let’s not forget that every IJ’s individual scheduling order form has different dates and deadlines for submission of applications, evidence, motions and briefs, witness lists, etc. It is hard to tell whether EOIR is simply so overwhelmed by cases that they can no longer function, or it is the agency’s passive-aggressive way to get rid of cases–and attorneys. Either way, our clients’ due process rights are completely ignored.
All this is exactly right and we are seeing these issues as well. There are so many problems that even to list them all is a challenge. I really do not see where EOIR goes from here. At least in VA, we have a sympathetic ACIJ and so they are trying to help – but this is after the fact and involves easier continuances, which just creates conflicts between clients who want to go forward and attorneys who need more time. Hopefully, EOIR will start to listen to its stakeholders and try to improve things rather than simply trying to dispose of cases (and lawyers, as you point out). Take care, Jason
I have a date court for individual hearing on November, today when i check online system, i don’t see my the date , the system said : there are no hearing date for this case
It’s either your case has been rescheduled or it’s been assigned to a new judge ,its happened to me many times
YANN after how many days you get new date, I had 3 months i don’t see nothing change, so i called immigration clerk to give me some information, they said only my lawyer can tell me the information.
It depends on the judge and his/her docket but my case was at Arlington and it usually took anywhere from 1 to 3 months to get a new date,they have also created new courts and are transferring cases from high volume areas to those courts,that also happened to me,try talking to your lawyer if you have one and maybe he’ll have a better explanation
That is a ridiculous response – it is your court date and they should inform you about what is happening. You could try going in person to the court to ask, if you cannot get an answer by phone. Or you can try calling again and asking for the court administrator and explaining what you need, and that the first-line clerk would not tell you what you needed to know. Take care, Jason
Hi pleas I have aquestion need ur help my son and his wife in canada and we are his parents we are in usa we need him to be with us what is easy way and how we can make for them not vist we want to stay here pleas tell me how and what wee need thank you for help my regards
There are many options, depending on his situation (and your situation) – work visa, student visa, tourist visa, family immigration visa, etc. I think you should talk to a lawyer about the specifics to see what options are available. Take care, Jason
It will be rescheduled to a new date. Maybe if you wait for a bit, it will re-appear on the schedule. If not, you can try calling the court directly to ask – you can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Jason, thank you for this information and for your service, FIRST THIS IS OUR STORY
frst entery states 9/2014
asylum application 2/2015
interview 3/2017
granted asylum 7/2018
apply for green card 8/2019
recived green card 9/2022
isuue date was 9/15/2022 which is mean they account it from same issue date
my questions
1- is there any way to ask change issue date to be 1 year from granted asylum date ?
2- when i can apply for citizinship?
thanks
1 – This has become a common problem for some reason. The GC should be dated 09/15/2021 (not one year from the asylum grant date). But USCIS seems to have forgotten about this. You can try calling USCIS to ask about correcting the GC. The number is 800-375-5283. 2 – Assuming you meet all other requirements, you can file 5 years after the date on the GC. You are allowed to mail the N-400 naturalization form up to 90 days early, so that would be about June 15, 2027. Had USCIS not made a mistake about the GC, you would be eligible in June 2026. I guess you could try mailing the application in 2026 and explaining about that the GC should have been back-dated, but I do not know whether that will work. Maybe for now, you can call USCIS to see if there is a way to correct the date on the GC, and if not, you can decide later whether to file in 2026 or 2027 (and maybe talk to a lawyer to look into that if you want to file in 2026). Take care, Jason
Jason, the same thing happened to me. They didn’t back date my GC. I called USCIS same day, first the rep refused and said there is no such thing as back date but I asked them to refer me to their supervisor. The supervisor called after a week and said they will send this request to NBC because they issued the card. 3 weeks passed nothing. I had my Congressman reached out to USCIS. To my surprise they responded same day that I need to fill i-90 form to replace the GC. I filed my form online and got the response same day that it is in progress and can take upto 90 days. I didn’t pay the fee because it was their mistake. Fingers crossed I hope I get my GC with correct date soon.
Let us know what happens. This seems to be a new and unpleasant development that has become pretty common. Why USCIS can’t figure out its own job, I do not know. Take care, Jason
Jason, thank you for this information and for your service. Although my friend’s court date was rescheduled earlier this summer to 2025, I’ll keep checking this. Another question. My friend got married to an American citizen last November. Her asylum case started in 2016 and was referred to court in 2021. They filed the I-130 in February 2022. Nebraska Service Center. No word yet. She has also applied for TPS Venezuela and an EAD through TPS so she can still work if/when her asylum case is closed. No word there either. We have an acquaintance who is insisting that my friend will have to leave the country to do her marriage interview. She entered the country on a visitor visa and filed her asylum case a few months after the visa expired, but 3 months before the 1-year deadline for claiming asylum. Is there really a possibility she’ll be required to leave to do the interview? If it makes any difference at all, her asylum case is very strong. She really cannot go back as long as the current regime is in power. Proof of a bona fide marriage is also strong. They bought a house together in April and just found out she’s pregnant. Thank you again. I know I speak for so many when I say you have our gratitude for all you do for the immigrant and asylum communities.
Unless there is something I am missing, this seems very straightforward – she entered lawfully and is eligible to get her GC without leaving the US. When she filed the asylum case is not relevant to that question, since she married a US citizen. How exactly she will get the GC varies – I wrote about that on August 6, 2018, but basically, once the I-130 is approved she can get the GC in court or dismiss the court case and get the GC with USCIS. Also, some judges will allow the person to dismiss the court case even if the I-130 is not yet approved, but she has time (and she wants to get the TPS EAD before the court case is closed anyone) and so it sounds like for now, she is just waiting for the I-130 and the new EAD. Take care, Jason
I just checked my USCIS Case Status Online for my wife’s RTD “Expedite” and today they have change the Status to
Refugee Travel Document Was Produced
On September 23, 2022, we produced your Refugee Travel Document for your Form I-131, Application for Travel Document, Receipt Number XXXXXXXXXX. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
How long to receive it? and does that mean everything is ok ?
It sounds like it is approved and will be mailed. Hopefully, she will receive it in less than a week or two. Take care, Jason
Hello Jason,
My citizenship Oath ceremony is on 09-29-2022.
I received a call from private number and they told that my Oath ceremony venue is changed and I need to come where my Citizenship interview was held same day. What should I do to confirm that everything is true?
I have not heard about that before and it is a concern. I am not sure what to do – maybe you can call USCIS at the general number to try to find out: 800-375-5283. It is very difficult to reach a person, but maybe you should try, as that is unusual to receive such a call. Also, if you have a lawyer, maybe the lawyer can check on a lawyer list serve to see whether other people are receiving these calls and whether they are legitimate. Take care, Jason
[…] [The Asylumist blog] “Simply stated, the agency is rescheduling and advancing hundreds–maybe thousands–of cases without notifying attorneys, checking whether we are available to attend the hearings or checking whether we have the capacity to complete the cases. … […]
Hi Jason,
As always, thank you for your all effort and kindness that you put here to help people.
I filed my i589 in May 2017 and while waiting in the backlog for the interview I got my EB2 green card in March 2022 and also shared my story here in that time under one of your posts.
Later in March I email Arlington office to close my asylum case and sent them my GC picture and they sent me their withdrawal form back to fill and sign and send it back. I emailed the signed form but I didn’t hear from them after a month, so I did a couple of follow ups with no response from them.
In first week of September 2022 I received an interview invitation for the last week of September. I sent them another email to and with the signed withdrawal from and I asked to close my case. Also I mailed the hard copy and signed form to their mailing address at the same time to make sure somebody would receive it.
After more than 3 weeks from mailing withdrawal form, I haven’t heard anything from them and also USCIS website still shows interview is scheduled for my case number.
My case is honest and based on the truth but I don’t want to stand the stress and pressure of the interview after having my green card anymore.
What should I do now? Should I attend the interview and tell them to close the case in person? Might they force me to do the interview? What can be the worst case scenario in this situation?
Thanks
If they do not respond to your emails, I think you will need to go there for the interview with the GC and again ask them to close the case (if you have time before the interview, you can also go there any Thursday morning and ask them in person to withdraw). I suppose they could force you to do the interview, but that would probably not happen. I think if they do force you to do the interview, it would be a ref flag (maybe they suspect fraud) and you should tell them that you want more time to find a lawyer before you are interviewed. That should at least delay the interview for a few weeks. My guess is that they are just not getting to your email and if you appear for the interview with the GC, they will allow you to close the case at that time. Take care, Jason
Hello Alex
Congrats on your EB2 success while your asylum case was pending
Can you share the lawyer name and contact info who help you in obtaining Greencard through EB2 if possible here
Best wishes
Hi Alex,
Was your EB2 process done while you were in USA or did you had to travel to home country for your interview? My company did offer me that as well but my complication is that I cannot travel back to my home country for threat and danger? Can you clarify this because what I heard is if you go for EB2 your interview will be held in home country is that true?
Hassan and EB2 NIW
I have already shared my story with details here in March 23,2022 Jason post in older comments:
https://www.asylumist.com/2022/03/23/anatomy-of-an-asylum-office-inquiry-expedite-requests/comment-page-1/#comments:~:text=I%20want%20to%20appreciate%20your%20help%20and%20this%20blog%20that%20have%20helped%20me%20and%20so%20many%20people%20in%20this%20harsh%20journey.
Unfortunately as Jason has mentioned in the comments, I can’t share my lawyer information here.
Just do your best and go for it, there is a good chance that you would be able to get the green card.
Hello Jason.
I pray that you and your family are well.
I was granted by IJ since April after waiting almost 7 years and just got my I-94 stamped this month by USCIS. So I took IJ final decision, USCIS approval letter and I-94 granted Asylum to my local Social security office to take restriction on SSN card but I was told by SS officer that I have to wait until become PR before to remove the restriction( valid with EAD) on SSN card.
What do you think about the SS officer answer?
Hi CHANTAL
The same happened to me, SS officer told me the same but in their website it says:
The Department of Homeland Security (DHS) now considers noncitizens granted asylum to have permanent employment authorization and requests that we treat them as permanent resident noncitizens. This means that when an individual granted asylum submits appropriate documentation with an SS-5, we will issue an unrestricted Social Security card.
They don’t want to work man
Thank your Dear,
Please how did you solve this issue. Did you wait to become PR to have unrestricted SSN card
Hi CHANTAL,
I didn’t solve it yet, My Employee didn’t ask me to change my SS Card, they said I-94 is enough but I called them many times and everyone says something different. I didn’t call them again but when I have time I will go. They just don’t want to work super lazy
BTW, I have granted my Asylum last April to n Immigration court after 7 years of waiting too haha
Good luck
This is good to know – Thank you, Jason
I am not involved with the SS office, so I am not completely sure, but I believe my clients usually get the unrestricted SS card after they win asylum. You may want to try again, and if they refuse, ask for a supervisor. Take care, Jason
I think you should apply again for unrestricted SSN . I got mine after 3 weeks of receiving my 1-94 .
Greetings Mr Dzubow,
My family finally received our Green Cards 3 years after we filed I-485. My Green Card category is AS8 and my father’s category is AS6 (principal).
I read your article dated May 25th, 2022, specifically the part that says: “Using a passport issued by a government that seeks to harm you may raise suspicions about fraud. You could be asked to explain why you used the passport and why your home government issued you a passport in the first place.”
How would this affect derivatives (AS7 and/or AS8)? If I get a passport from my country’s consulate to travel to Canada to visit some asylee friends there, would this indicate suspicion of fraud, or is that mostly applicable to AS6 principals?
The reasons I don’t want to get an RTD are: (1) it takes almost a year to get them, (2) it is valid for a year and I have to return it if I want to get a new one and there could be visas on it, (3) RTDs aren’t well known (I had to explain my status and what an RTD is to airline employees, airport employees, TSA, Canadian Border Services, and even to a US CBP officer and supervisor on a pre-covid travel).
It is unlikely that you would have a problem if you use your passport, but that is not impossible. If your father told the asylum office that the home government wants to harm the whole family, then obtaining and using a passport (even by you) may raise a red flag. On the other hand, if your father fears persecution from terrorists and the government is unable to protect him, then using the passport is easy to explain. Whatever the case, you should be prepared to explain why you used the passport and why the home government was willing to issue you a new passport (if that is what happened). Again, it is not likely to be a problem, but it is still a good idea to be able to explain, just in case you are asked. Take care, Jason
Jason, I have MCH scheduled next week and in the NTA I received has an order for me to go to court on certain time and date. I have an attorney to represent my case. Can I attend my hearing through WebEx from my attorney’s office Or do I have to go in court room in person? Pls advise.
This is another big problem with the immigration courts – the Webex policies vary from judge to judge. Sometimes, the order with the court date gives you Webex info, and then you can attend by Webex, but usually, this info is nowhere to be found. I have heard about judges who require the immigrant to be present in court; other judges require that the immigrant and attorney be together on the same screen; still other judges do not need the immigrant at all; and other judges do not care, and you can appear from two different locations or come in person – whatever you want. Sometimes, the court or judge informs the immigration lawyers associations or tells the individual lawyers, and other times they do not. If your lawyer is not sure, the best bet is to call the court to ask what the specific judge’s policy is. You can find their number if you follow the link under Resources called Immigration Court. Take care, Jason
Thanks for your reply. I called court and call attendant said it is ok to appear for hearing through WebEx. I asked her to send me any confirmation email but she said they don’t send such confirmation but WebEx for my hearing would be fine. I am still not sure as I don’t have any written confirmation from court.
Unfortunately, I think that is about the best info you will ever get from them. I find that such information is reliable and so it is probably ok, though I certainly understand why you prefer to have something in writing. I suppose you can send a letter to the court and to DHS (the prosecutor) to confirm the conversation and state that you will appear via Webex as instructed in the phone call. At least this way, you will have some evidence of the call. I do expect that the clerk is correct however, and so appearing by Webex should be ok. Take care, Jason
Hi GM
I just check my wife’s RTD expedite status online and they just change it to ” Name was Updated ”
Applied: Aug/12/2022
Accept the fingerprint fee: Aug/18/2022
The fingerprint was taken: on Aug/31/2022
We called infoPass on Sep – 14 – 2022
Today Sep – 22- 2022 they change the status to ” Name Was Updated ”
what does that mean?
Thanks
I have just checked online and the status return back to :Case Was Updated To Show Fingerprints Were Taken
Whats going on ):
I do not know what that means, but hopefully it is a sign of progress. I guess if there is not some substantive news soon, you can try calling (800-375-5283) to try to push the expedite request along. Take care, Jason
I can understand the website being broken. It needs to represent the farce that the entire immigration system is. As someone with considerable IT experience, I would recommend firing anyone with any control over it – it reeks incompetence. The “system ” is beyond belief – the Miller cartoon is very much applicable. Thank you, Mr Dzubow – I read your articles every Wednesday and appreciate them.
They could make their web pages so much more useful (I wrote about this in the context of the asylum office on January 17, 2019). One very basic point for the EOIR web page – the phone system can tell you how many days have elapsed on the “asylum clock, but the web page does not show this information. At least they could include “clock” info online. Also, why not include info about whether a hearing will be by Webex or live? Anyway, I won’t hold my breath for these changes, but they don’t seem all that difficult to implement. Take care, Jason
Jason, I talked to my attorney about to file my own application as I am divorced with my husband whose case is in MCH. My attorney is saying that if I apply on my own it will be in same court as my ex-husband and with the same judge. We both will have to go through the same judge as we both are in removal proceedings. He also said that my application may not be accepted as it already passed one year deadline. Pls advise. Thank you.
If this is his advice, I think you may want to talk to another lawyer. First, you have to tell the judge that the cases should be separated, since you are now divorced. Obviously, the cases cannot remain together, and why the lawyer did not mention this, I do not know. Second, the fact that you were a dependent on your husband’s case is an exception to the one year bar. You should file your own case as soon as possible, since you have to file within a “reasonable time” of the divorce (when you stopped being a dependent). What counts as a “reasonable time” is not well defined, but a month or two should be fine; six months is probably too long. The short answer is that you should file as soon as you possibly can. I did two posts about dependents, including a discussion of when the dependent relationship ends – on January 26, 2022 and February 10, 2022. You may want to take a look at those. Finally, when a couple divorces, it creates a conflict of interest for the lawyer, and unless he has explicit permission from each person, he needs to withdraw as the attorney. All this stuff is pretty basic, and if the lawyer did not advise you about it, I think there is a problem and you may want to find a new lawyer. Take care, Jason
Thank you Jason.
Thanks Jason, appreciate it. Actually on that same page, there is a toll-free (800…) number and after few minutes of hearing instructions, they ask you to enter your A 9-digit number. Automated voice informs you the date and the name of the judge. Not sure if doing this provides up-to-date information.
You can call 800-898-7180 and enter your Alien number – this gives you the hearing date and judge’s name, and it should be up to date. Take care, Jason
Jason, thanks for sharing this as this will be helpful for me as my MCH is scheduled in some weeks. To check in sudden change in individual hearing dates from court/judge we can use automated helpline as a daily routine (to be on safe side) to stay updated with those quick changes, correct?
When it is working, you can check online – there is a link under Resources called EOIR Case Status. You can also call 800-898-7180 and get info about your court date. Take care, Jason
Hi Jason, I tried to access the automated case information system but it is down due to “unscheduled maintenance” and it will take 72 hours to fix:(
It is down. I used it earlier today and it was working. It does go down now and again, so this is not too shocking. I wrote a funny blog post about this issue on April 23, 2014 if you are interested (well, funny in my opinion, but as they say, “write for yourself”). If it is an emergency, you can call the court directly and ask the clerk about your case. You can find the number if you follow the link under Resources called Immigration Court. Take care, Jason
Hi Jason and everyone out there
My father passed away and I want to do a short visit to my mom
I have a asylum gc and valid cop passport
Do I need anything else to travel?
My asylum is not fear from the country
Thank you
I am sorry for your loss. That should be all you need to travel. I did a post about returning to the home country after you have asylum – it is on January 6, 2016. Maybe that would be helpful. Take care, Jason
Thank you for the response
What about returning?gc is enough to return to USA?
As long as you do not stay outside the US for 6 months or more, the GC should allow you to re-enter the US with no problem. Take care, Jason