This article is by Stanislav Stanskikh, a Visiting Scholar at the Fletcher School of Law and Diplomacy, Research Fellow at UNC-Chapel Hill, and founder of The New England Institute for Country Conditions Expertise. He may be reached here: stanskikh [at] countryconditions.expert
There is an ongoing debate about whether Russians fleeing political repressions and the military draft should be granted refuge in the United States and the West, or whether protection should be refused so that these potential refugees rebel against the Kremlin instead. Opponents also draw a line between “real” refugees and those who left Russia merely to save themselves despite their prior loyalty to the regime. While the Baltic countries and Poland are turning away new arrivals, Germany and some other EU members have extended their welcome by generously granting refugee status. The President of the European Council Charles Michel favors opening the EU to fleeing Russians.
What about the United States?
Historically, the U.S. has embraced millions of refugees and immigrants from Russia. The payback in terms of scientific discoveries, technical innovations and artistic talent has been impressive–from television (Zvorykin) to the best helicopters (Sikorsky) to Hollywood, and last but not least, to “God, Bless America” by Irving Berlin.
Even during the Cold War, when Americans were taught in schools what to do in case the Reds “push the button” (duck-and-cover), the U.S. gave shelter to many people from the Soviet Union. These refugees were often well-integrated into the Soviet bureaucratic and political system despite the different forms of discrimination (Balts, Jews, etc.). Could they rebel and knock down the Communist colossus? Unlikely.
The current situation with Russia’s fascism and territorial expansion is nothing new. In a way, the country follows in the footsteps of Nazi Germany or similar dictatorships. The Kremlin has effectively silenced its anti-war and opposition movements, shut down all independent media, and started the largest conventional military action in Europe since World War II. Now Putin is threatening to use nukes.
In light of Russia’s failure to quickly conquer Ukraine, Putin has initiated a partial military mobilization, forcing hundreds of thousands of men to go to war with Ukraine despite their anti-war beliefs. Those who refuse to be drafted or who openly protest against the war face criminal charges, inevitable guilty verdicts, and imprisonment. Fleeing the country seems the only viable option to avoid the draft.
Hence, we are observing an enormous exodus from Russia, probably the biggest since the so-called White emigration between 1917 and the early 1920’s. According to the Washington Post, “Putin’s Russia is losing some of its most talented and creative minds, just as Hitler’s Germany once exported many of its best and brightest to the U.S. and other countries. Some of the Third Reich’s refugees, in fact, later returned to their native land as hyper-qualified and hyper-motivated American soldiers to help finish off the Nazis.”
How should the United States and its allies react to this exodus? Shutting our doors in the midst of severe political repression and the ongoing draft campaign would be inconsistent with our nation’s democratic values and security interests. Actively sheltering Russians will help undermine Russia’s war effort by encouraging people to leave the country, will demonstrate that the U.S. supports people who refuse to participate in unjust wars, and will reaffirm American’s commitment to resettle displaced people from around the world and welcome refugees.
The White House clearly distinguishes between the criminal Kremlin and the Russian people, many of whom have spoken out against the war. On September 26, 2022, the White House Press Secretary responded to a question about whether the U.S. was willing to grant refugee status to Russian men fleeing mobilization. She stated, “Anyone seeking refuge from persecution, regardless of their nationality, may apply for asylum in the United States and have their claim adjudicated on a case-by-case basis…. that’s how we see our role here and our part in this.”
The following day, President Biden signed a Memorandum which kept the nation’s cap on refugee admissions at 125,000 for Fiscal Year 2023 (in FY 2021, the cap was raised from 15,000 to 125,000 refugees, but less than 20,000 have actually been admitted in 2022, despite pressure from advocates and local officials).
The current situation with Russian citizens fleeing mass persecution, especially those who fear being drafted into the Russian army, should be addressed immediately. A first step for the Biden Administration is to designate Russia for Temporary Protected Status, as Russia fully meets statutory requirements based on the ongoing armed conflict. We must ensure that Russian nationals and their dependents currently present in the U.S. are not forced to return to Russia.
Second, the U.S. should ease procedures for obtaining humanitarian parole for Russian nationals and their families who are seeking refuge to avoid the military draft and to escape from persecution. The Uniting for Ukraine Program is a good model for such a protective measure.
Next, President Biden could authorize the admission of up to 100,000 Russian refugees to the United States during FY 2023 under the U.S. Refugee Resettlement Program. President Obama had done something similar–albeit on a smaller scale–for Syrians in 2015.
And lastly, the Biden administration should expedite and simplify the asylum process for Russian nationals and their dependents in the spirit of the 1951 Refugee Convention.
Such measures are gaining more and more support in the U.S., including in a recent petition campaign demanding that the Biden Administration help deserters and dissidents.
As the Russian mobilization and on-going exodus continues, the Biden Administration has no plans yet to grant affected Russians special humanitarian protection. This approach must be reconsidered if the United States wants to continue as a leader of the free world and wants to help end the war in Ukraine.
The author thanks attorneys Boris Palant and Jason Dzubow for their valuable comments.
A few members chimed in regarding asylee’s eligibility to work. I agree that as an asylee, you only need to show ur unrestricted SSN and state id/DL.
But…
on the I-9 form, there are classification of U.S citizen, us national, LPR and alien authorized to work…
This I feel could again subject people to discrimination…
I think russians coming to the US should take
Polygraph test and be asked questions about their opinion on Crimea and russian invasion of Ukraine. You can’t imagine how many russians with greencards and citizenship living here support putin and “special operation”.
The US should ban dual citizenship for russians, and do the same what they did with communists in the 50s…it’s a question of national security.
I know a russian person that is coming here just to get naturalized, and then going back to russia. And then we’ll get Trump elected again or another putin’s buddy, because russian love “strong” (authoritarian) leaders .
I think it is difficult to generalize. People come here for all sorts of reasons, and I am sympathetic to Russians who were indifferent to the war or too afraid to speak out, and who have now fled due to the draft. Also, I think it helps undermine the Russian war effort when we offer asylum to Russians who flee. Of course, not everyone agrees with this opinion, including (I think) Volodymyr Zelensky. Take care, Jason
I think that such proposals on your part are inappropriate. It’s not a matter of support or no war in Ukraine or the status of Crimea, it’s a matter of maintaining fundamental democratic freedoms. You propose to translate into reality the actual Thought Police from George Orwell’s novel “1984”. Thus, today you use the tool with good intentions, and tomorrow it serves the authoritarian regime, so I hope the initiatives will not even be considered by decision-makers.
As well as your statement regarding “how many” Russians in the US supporting the war in Ukraine. Have you done any research on this issue, or do you have the secret results of a Russian Polygraph test? You can share with us the statistical study below instead of empty statements. The policy of Makartism in relation to cultural figures, just like the earlier deportation of Japanese civilians to camps during the Second World War, is now recognized as a mistake of the past. Are you suggesting a return to this practice?
You propose to ban dual citizenship for Russians. Still, why only citizenship, you can try to develop your idea – and can deprive the right to vote for Russians in the USA; even maybe settle in camps away from other people and assign a number to everyone. Do you think I’m hyperbolizing? No, this is how I see your statements above, although maybe it seems to you naive and harmless.
Just for example, what do you mean by the next statement? “I know a Russian person that is coming here just to get naturalized, and then going back to Russia.” I absolutely don’t see any point in this statement that you personally don’t like. The person returned to his homeland? Does he have the right to move? What crime did he commit so that he could be blamed and, along with him, all Russians?
Regarding Trump, I think you have to respect the choice of American citizens. And it’s not about support, but respect for the choice of a vast part of American society. Because this is also the next fundamental principle of democracy, and please don’t even try to pin the election of President Donald Trump on the US Russians, who are primarily in the share of the US population from 0.1 to 0.3 percent (depending on the source), even with 100%(which is impossible) support for Trump, Russians could not affect a big role. And I believe you also have the results of the exit polls of the presidential elections and how Russians voted in these elections to make such statements. Again, without touching on the personality of the former president of the man, I really met a lot of Americans who support Trump and they were kind people. You should not engage in demonizing people, even if you do not agree with them on some issues.
Another moment, you absolutely do not understand the principles of authoritarian and totalitarian regimes. By your logic, North Koreans have a totalitarian regime because they “love “strong” (authoritarian) leaders”. But the existence of South Korea does not fit into this paradigm. The presence or absence of democratic societies is primarily due to the existence of democratic institutions and the separation of branches of power – a system of checks and balances.
I really hope that you will consider some of your views on the surrounding reality and will it from humanistic principles.
Thank you for the opportunity to speak out and all the best to you.
Very sad that you’re full of this baseless propaganda and blame “russian persons” for electing Trump instead of blaming your fellow Americans from WV, AL, or KY for making it happen.
Hi Jason
Im an asylee and my green card applications is still pending, although my work permit based on asylee category A-05 expired two months a go and i do have unrestricted social security number as well! Last week i applied to renew my work permit today I received the receipt that they have received my application and they are processing although I applied while my previous work permits expired two months a go,
My question while asylee are not required to have an EAD why would i still apply and they process the way that sounds every asylee should have it?
Does this causes any problems if I applied while my work permits already expired ? But i still got a receipt within few days?
Why cant USCIS waive the renewal parts for asylee ? Today i feel like im still pending asylum, if i have to apply for renwal until my green card comes i dont see any reason between asylum seeker and asylee 😢
This might be uncomfortable for you to do, it certainly was for me. When my previous employer’s deadline to show proof of authorization to work in the US had arrived, I ended up having to submit my i94 with the Asylum Granted card. You might need to provide an explanation because it seems like a lot of employers are not aware.
ELII,
You do not NEED an EAD to prove work authorization if you have been granted asylum.
I honestly do not know what kind of employers put people through this.
I started a new job earlier this year and only provided my unrestricted SSN and DL.
“My question while asylee are not required to have an EAD why would i still apply and they process the way that sounds every asylee should have it?”
Well, you applied for it and they are processing it. USCIS never said you needed one to work upon asylum grant, but if for any reason you decided you need one and apply, you don’t think they should process it?
Tina, well said. I am not sure why anyone, especially if that person doesn’t have to, would fork out nearly $500 for something that they don’t need (and before the GC is approved, that person may need to find another $400+ dollar for a renewal).The asylum approval letter clearly says that, as an asylee, you do not need an EAD to work in the US, and it also says that you should go to the social security office as soon as you can to get a SSC. Asylees (those who have been granted asylum) need to understand that it is imperative that they get the restriction removed from their SSC as soon as asylum status is received (this should be done within a month or so of receiving asylum). For some asylees, this may be difficult to do because of the ignorance on the social security administration’s part. However, asylees should not give up until the restriction has been removed from the SSC (this part of the process is VERY important, especially since GCs are taking 9.5 years to process). Failing do this part may also impact your eligibility for a state ID/driver license that has full validity (DLs without restrictions or notations). I encountered this issue with the SSA and I didn’t leave until I was able to speak to one of the the regional directors, who happened to be at the office when I was there. Luckily, this guy was a nice person and he was more knowledgeable. You may also go to another SSA office (sometimes the staff members at another location may be more knowledgeable or they may have experiences with asylees). You can also print out the information on their website and take it with you. You may also bring the the Dept. of Justice’s information about asylees’ eligibility to work and receiving an unrestricted SSC. Otherwise, you will not be able to fully prove that you are authorized to work in the US- irrespective of having the asylum approval letter and I-94 card (this is especially true when trying to prove employment authorization). Now, if you did provide an unrestricted SSC (emphasis on “unrestricted”) and a valid ID (a state ID, for example) and your employer insisted that you provide a GC or further proof of employment authorization, that would be a violation of employment law, and it should be reported to the DOJ.
Well said. My one comment is that I think you meant to say that the GC takes 1.5 years and not 9.5 years (don’t give USCIS any ideas!). Take care, Jason
You are 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), though it is more convenient to have the EAD. If you filed to renew after your old card expired, I believe you are not eligible for the automatic 540-day extension, but see what the receipt says – maybe you are eligible, and in any case, you are allowed to work. Take care, Jason
Thank you Jason
My point is it doesnt make any sense to have EAD, whether im eligible or not extension doesnt make any sense! Because asylee are are authorized to work!
Now that my work permit is expired, im not eligible for extensions that means im now allowed to work, and work permit is for two years while asylee status are indefinitely!!!! Just asking
Thank you everyone
I agree with you that it makes no sense, but that is basically the entire immigration system. And you are eligible to work, since all asylees are eligible to work, if they have an EAD or not. Take care, Jason
LOL Haha Jason, I was using hyperbolic language
If you wanted to be hyperbolic, you should have said 95 years. 9.5 years is pretty realistic…
Jason you have a point :-0
If you have unrestricted SSN and a unconditional driver license you should be okay and you don’t need to apply for EAD.
Jason:
I have a bit of complicated question. Immigration proceedings ( Asylum) were dismissed through PD before I-130 Petition was approved by USCIS and I-485 is pending with USCIS through US Citizen. Lets assume the person Gets the GC through marriage based and wanted to travel third country to visit and COP is expired as well and not eligible for RTD as well. What are the option for the person to travel the 3rd country ? The fact is getting GC through marriage does not erase the reality of being asylum applicant in the past, while that was dismissed by the judge in anyway through PD ..I need your valuable advice please.
I agree with you that getting the GC through marriage does not erase the old asylum case, and so using your home country passport could be an issue, especially if you fear your home government (as opposed to non-state actors like terrorists). At a minimum, you should be prepared to explain why you used your passport and why your home government agreed to issue you a passport. I wrote more about this on May 25, 2022 – and though that post is more for asylees, I think it applies to your situation as well. Take care, Jason
Hello jason
Today i got my medical exam done for the i-485 which I applied for 3 months ago and the doctor gave me the envelope sealed today but something happened concerned me! I had to get extra get TB test and the doctor at the hospital added my middle name but on all USCIS applications my attorney only write my first and last name so the i-693 doctor today made a small line on the middle name like light scribbled on the middle name and put her initials and today date on the one page the hospital doctor had to sign and it’s page number 8 or 9 as I remember ! Is that can make any issue or the officer even might not notice it as it’s very small scribble on one page !!
I doubt it will be a problem, but it seems to me that the worse case scenario is that USCIS asks you to get the form corrected, so it matches your other documents. Take care, Jason
Jason,
I emailed the asylum office, but I included my A number and some personal information, do you think it will create a problem?
TERRANOVA:
WITHOUT including Your information to email an Asylum office would not be fruitful I am sure. Not quite sure what you emailed them about, But I am sure you done the right thing. Jason will answer the best.
I think you have to include your A number and your name (and maybe your birth date and country); otherwise, they will not know who you are. So I think this is fine. Take care, Jason
Hi Jason. My a friend & his famiky rejected Asylum Case. Then they reffered to immigration Court. Immigration court also disnissed their case and now they are going to Appeal in Appealit Board. My Friend was had decided to marry his 22 son and 21 daughter before the decision. Now he wants to do marriage of his kids with some families who have green card. My wuestion is that can they do marriage? No any issue?
Whether that will help his children, I do not know. He should talk to a lawyer. There are many issues here, and one is that marrying a GC person is not as good as marrying a US citizen, and so the marriage may not help their immigration status, or at least it might require them to leave the US to get the GC, which may or may not be possible, depending on the specifics of the case. There may be other ways to help, perhaps using prosecutorial discretion, but whether DHS (the prosecutor) would agree to that, I do not know. I think they need to discuss this with a lawyer and determine the best path forward. Take care, Jason
They could have passed the Immigration registry in the last 2 years . They still can before the midterm they have full majority to give path for green card to aliens living +7 years in US . They wont !
I think they do not have the votes for this, but I also think that maybe they could have made a deal involving the securing the border and obtaining status for people currently in the US without status, but it looks like this is not in the works. Take care, Jason
Hi Jadon,
I have applied for green card under A5 category and it’s pending. I need to travel outside and want to renew my country passport because RTD takes forever. I want to know if USCIS eould get to know if i renew my passport and use it fir travel?
I would assume that they will know and act accordingly (i.e., do not lie to them about renewing the passport). I would also file for the RTD – you can try to expedite that. I wrote about expediting in general on January 29, 2020. Also, I wrote about traveling with your passport when you are an asylee on May 25, 2022. Take care, Jason
Hi Jason,
I recently granted asylum. I want to apply for refugee travel document. I am not sure what can I put for a question about Class of Admission? Is there any letter code or number for asylee?
Thank you
TK
You can write “asylee” or you can just put whatever type of visa you had when you last entered the US (or you can do both – it does not seem to matter too much). Take care, Jason
So jason i just applied for my RTD renewal though it still has 9 months validation but i applied earlier so that i get it when ky current RTD is about to expire cause most of the countries wont let me in if the RTD validation is not more than 90 days! The question is i was in europe and came back to the US last week using my RTD and it was so smooth and had zero issues but on my i-131 renewal that i sent it out 2 days ago i wrote the admission B2 I thought they were talking about last time I entered before using RTD as I really didn’t mention that i used to the RTD hmm you think that could lead them to deny my application though? Just for a mistake like that?
I doubt that will have any effect, and probably the worst case is that they would send you a request for evidence to clarify your prior entry. Once you have the receipt, if you want, you could send USCIS evidence about your entry to correct this issue, but I think it will be fine either way. Take care, Jason
Hi Adamm. Do you already have your green card?
@asylee
No greencard yet! Just RTad
Helping Russian refugees is good and all, but in addition to that 100,000, are we still advocating for the nearly 700,000 who have been in limbo for years? I want Russians to be helped, but, it’s not a cut-and-dry demand. I have watched Vice News Reports where Russian and Ukraine refugees are picked up at the Mexican border, taken to nice hotels to stay with their families (no separation), then taken the next day to the border where they are processed and let into the US.
Now, that kind of sounds like a double standard when I think about the thousands of refugees from South America, Africa, the Middle East, and the Caribbean who are stuck and can’t even get let in to plead their case. I read the story of a gay couple from my own country who have been stuck in Mexico for years and still can’t make it to plead their case and knowing my country’s conditions, they should be treated the same as those Russian refugees.
So, when advocating for Russians, please make it inclusive. Yeah, Sergey Brin gave us Google, but its more than about knowledge jackpot, its about humanity too. Everyone counts. Let’s make sure those 700,000 cases get prioritized. Russian refugees do have some distinct advantages based on their proximity to Europe.
It’s actually an interesting question whether granting status to Russia refugees helps our national interest or not. I think it does – as it shows we support opponents of the war and hopefully, this further undermines Putin’s war effort. However, I think I read that President Zelensky opposes offering protection to fleeing Russians on the theory that this will force them to remain in Russia where they will oppose Putin’s regime from within. I tend to agree with the article about that this will not work, but there is not a clear cut answer, at least from what I have observed. Take care, Jason
ENRONN SIERRA, excellent points and great observation.
Russians, like any other asylum seekers/refugees fleeing war, natural disasters and persecution, should be given the opportunity to seek asylum or request TPS. Most people with compassion and common sense would agree with this. One cannot deny, however, that white asylum seekers are treated humanely and with compassion; non-white asylum seekers are treated inhumanely, discriminated against, and used as political pawns. You need not go back years to find evidence of how non-white asylum seekers are treated inhumanely, how they are trafficked (“bused” across the US illegally), and how their intentions, or reasons for fleeing, are intentionally exaggerated or misrepresented to evoke fear and xenophobic reactions or sentiments. What is also dispiriting and morally reprehensible is the fact that politicians, some of them “Ivy League” educated, which means that they should know exactly what they are doing, are using vulnerable human beings to gain political advantage.
There is actually a theory out there that people tend to be sympathetic to people who look like them or people who share the same beliefs, identities and cultures (more so people who look like us). In other words, we tend to be adverse or hostile toward a group or individual members (or skeptical of) we are not familiar with, distrustful of people who don’t have/share our physical or phenotypic traits, or fear the group or individuals because the powers that be stoke these fears (it’s otherwise called prejudice or bias). (Perhaps) this theory could explain why most Americans and Europeans- which are majority-white countries- are more sympathetic to the plights of white asylum seekers from Europe (as of lately Ukrainians and Russians) vis-à-vis non-white asylum seekers from other parts of the world. This could be an interesting area of study (specifically as it relates to how “race”, or place of origin, impacts people’s views of asylum seekers’ eligibility for asylum) for anyone interested in the intersection of asylum eligibility and racial biases. We could also examine the political implications/effects- though the effects are already obvious- of demagogues using non-white asylum seekers’ desperation for political expediency.
It’s interesting you mentioned that because another story I came across on CBS Mornings was about a family from Ukraine: Husband, Wife, and kids who escaped and are now settled into a new home, kids going to school, adapting well, and learning English. The husband said he has no desire to go back and wants to build a life here. Now, that level of generosity and accommodation just blew my mind, and how it’s highlighted too left me with a few mixed feelings. Because I don’t see stories like that for other refugees from other countries like Haiti or parts of Africa or South America. It’s also the expediency with which they were processed, they literally just migrated like it was under normal circumstances and settled in.
Again, happy for them, but I had to use whattaboutism in the comments. Because their processing seemed almost selective. It’s the same case for a young man who would have been drafted for the Ukraine army. He had a relative here in the US who sent her husband to escort him across in Europe, picked him up at the border and he was processed and let in without hesitance.
Asylum can’t be about just one group of people who might look a certain way or are more deserving. And so far, I am seeing a little bit of double standards here. Remember, a lot of those fleeing Russia right now, stayed in silence up until they were called to fight the war. That in some ways shows you likely were complicit or in support of it. It’s just, you don’t want to do Putin’s dirty work, you flee and pull the asylum card and claim how much you will enrich American culture.
Sorry, but the vast majority of Russian refugees must be strictly vetted.
I know one Russia-American attorney who stated that she would not do any Russian asylum cases for those who flee now, as they took no action when the war started, but are leaving now only to save their own behinds. I do not take that position. My feeling is that allowing Russians to flee will – in a small way – help undermine the war effort, and so I think we should encourage that. President Zelensky disagrees with this conclusion, I think, and does not want the West to accept Russians who flee now, and so obviously people have different opinions about this. Take care, Jason
I have not seen a study about race and asylum grant rates, and I think such a study would be very difficult given that each country is different, but in my anecdotal experience, I have seen a certain bias play out. For a time country conditions in Iraq and Afghanistan were similar for many of my clients (insurgents trying to kill people for religious and political reasons). The grant rate for Afghans was over 90% but for Iraqis, it was probably about 50%. Why that was, I could never figure out, but I do suspect that certain biases were at play against Iraqis. Take care, Jason
Dear Jason,
My husband and I have received RFE from USCIS requesting submission of medical examination. However, it appears that they haven’t sent us the RFE for our daughter, who is under 13. Doesn’t mean that submitting I-693 is not required for kids at this age?
Do we need to wait to receive another RFE for my daughter? Or are wee good to send her I-693 to USCIS along with ours? Thank you!
She will probably get an RFE for the medical exam as well, as everyone has to do it. However, these are two separate cases, and so you cannot predict when her RFE will arrive. For this reason, you might as well get yours done and submitted since you have a limited time to do that (or you can wait a bit to see if your daughter’s RFE arrives soon so you can go to the doctor together). Not always, but in most cases, once you submit the medical exam, the case is completed in a month or two. Take care, Jason
Hey jason
I’m applying for RTD so i have two quick questions
First one is the biometric fees combined with the filling fees or i have to write 2 separate checks for the biometric fees and filing fees?
2nd question:
I applied for advance parole by mistake last year but i never used it and now there’s a question on the i-131 form says have you ever issued refugee travel document before or reentry permit? Is the advance parole considered reentry permit? Should i mark the yes or no box?
1 – You can combine them in one check. That is what we always do. 2 – I think the answer should be “no” but there is no harm in circling the question, writing “see cover letter,” and in the cover letter, you can explain that you applied for AP previously. Take care, Jason
Thanks jason i have one more question can i leave the unused boxes empty or i have to write N/A on each space??? Cause i knew that caused many problems at trump era but I don’t know about now as my pdf editor doesn’t wanna write N/A on each unused space like only fill if you apply for advance parole so I don’t use it as I’m applying for RTD
Thanks
I have never had a problem on the I-131 by leaving boxes blank, as long as we answered all relevant questions, so it should be ok for you to do that instead of writing N/A. Take care, Jason
Jason, have you seen a fast decision lately? I had my interview after 7 years of waiting in September and 3 weeks later status changed to – we mailed your decision. I have not received it yet though. Just surprised it was that fast
Congrats Alena. Hope it’s a good result. When did you apply ? and this is which office ?
Applied 7 years ago, Arlington office
Most of my clients come from majority Muslim countries, and those decisions tend to take longer than non-Muslim countries (not always, but usually). That said, we’ve had a few fast decisions. I can think of one person from Burundi who got an approval in probably 2 weeks. That was a week or two ago. So it can happen. Good luck with the decision. Take care, Jason
Thank you, Jason! Your blog has been Ray of light through the years
Why do green cards take so long for immigrants from Muslim countries even tho the real terrorist , starting wars and coups around the world is the US?
I have not seen GCs take extra long for people from Muslim countries; I have seen such people wait longer (sometimes much longer) for their asylum decision, As for part 2, I think the world would have been much worse off if China, Russia or most other nations had been the superpower. But we have certainly done our share of harm, and I hope that as people who have experienced that harm come to the US, they will help steer us in a better direction. Take care, Jason
Hi, Hopefully you will get a Good news. if you don’t mind can you please update your timeliness and Asylum office and did you request expedite your case or not.
See response above. I tried to expedite 2 times , one with congressman, and requests were denied
Alena,
I remember you!!! I hope it’s the same Alena with lots of positive energy😊I am excited and hoping your outcome is positive.
Please keep us posted.
Thank you, Tina – I just got a letter , I have been granted asylum!
👏👏👏👏 So happy for you!!! Your patience paid off
Tina,
This is the immigrant who got the approval one week later and does not have I-485 at NBC. Any luck with a response from USCIS?
It’s so frustrating that they do not have the case processing times posted for I-485 based on asylum at NBC.
Thanks
Congratulations! Best wishes in the USA! Jason
Thank you, Jason! Now, when asylum is granted, I dont need work authorization anymore, right? My letter states that I can now get unrestricted SSN
That is correct (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). You can and should get the unrestricted SS card as soon as possible. Take care, Jason
Hi Jason.I am Asylee and have Green Card. I wanna travel out of usa. You know that RTD has difficult history to get and expire. My home country passport expired. It can be renewed online and can get on usa address easily. No need to contact Embassy. My Question is: If i renew my home country passport online and travel out side of usa, then will it be trouble at the time of Citizenship?
It will probably be fine, but there is the possibility that the US government will ask you why the home government was willing to renew your passport. If you do not fear the home government (but fear non-state actors) this is probably not an issue, but if you fear the home government, you should be prepared to explain why they renewed the passport and why you used the passport, if anyone asks. I wrote more about this issue on May 26, 2022. Take care, Jason
Dear Jason,
I was granted asylum and applied for form I-730 for my wife outside the USA. It is in the TX center. However, Last month we received a message as our file was transferred to another center for processing, They transferred to NATIONAL BENEFITS CENTER. Is this meaning anything? Does this center process faster?
We have been seeing processing times for I-730 forms at USCIS to be about 1 or 1.5 years. I do not know if there is any difference between TX and the NBC, since NBC does not publish their processing times. Take care, Jason
Hi SERA,
Just wanted to know how long did you take to get your I 730 to be approved and which location did you send
Thank you
Hello,
Well-written article and I wish that the US government finds a way to welcome the Russian refugees. I believe that the expected number of refugees could be massive considering the high Russian population. Adding a couple of thousands to the refugee cap will not be enough and this situation needs to be studied closely, I believe.
Moreover, I have a question if you don’t mind.
I am a GC holder based on Asylum. I filed for RTD 2 months ago and requested expediting my I-131. Hence, USCIS sent me an email asking me to provide the supporting documentation by Fax. I faxed all the required documents last week, but haven’t heard anything yet. No email response, no update on the Check Status Portal whatsoever.
1- How long (expectedly) would it take them to process?
2- How would I know that they have received the documents?
Thank you very much
1 – It is not predictable. They sometimes move quickly and often do not, but I would say if there is no news soon, you can call to follow up (800-375-5283), though it is difficult to reach a live person. I suppose you can also send a follow-up fax, since you have the number (and you have a fax machine; we got rid of ours since we rarely used it). 2 – If you got a confirmation from the fax, they should have it. I guess if you call and reach a person, you can also ask about the documents. Take care, Jason
Hi Jason,
I know you are a immigration lawyer but you are our all in all.
Jason, I need your suggestions, I am a asylum seekers here and was working under a big company in California and the have more than 9000 employees. Last I diagnosed with cancer in June and I am on medical leave now. My doctor said that I cannot do any stressful job due to my health condition as I had heart attacks and Pulmonary Embolism last year. So, doctor signed by FMLA paper work until February 23. But my employer wants terminate me now because they cannot accommodate me with my this health issue. I have one options open to go back to work, which I wouldn’t be able to do as I am still taking chemo and other treatments and I am too weak. If they want to terminate me do you think i can take any legal action ? As I am on medical leave. Do you have any suggestions/ friend who can assist me in this regards.
Thank you again , 🙏
Dear Jason, my name is Rupari and I was granted Asylum last November 2021 at Chicago Asylum office. However, the EAD and I-94 that they gave me had a typographic error whereby my full name was reversed, i.e the Surname was made Given name while the Middle Name was made Surname. For this reason, these 2 documents are unacceptable either to renew my driver’s license or look for a new Job. I filled out the online form regarding the typographic error 3 times but nothing was done. I wrote to USCIS Chicago Office and NEBRASCA Service center 4 times without their answer and the problem is still unsolved. I am currently in psychological limbo and have no other way out. What could you advice me to do?
I think it will be easier to communicate with the asylum office – from your message, I am not sure if you emailed them directly – you can find the email if you follow the link under Resources called Asylum Office Locator. If you have tried that already, you might try contacting the USCIS Ombudsman (there is also a link under Resources). They can sometimes assist with problems such as this where USCIS fails to respond. If all else fails, you may need to hire a lawyer for help. Take care, Jason
I do not do employment law and I do not know anything about the rules in CA. I would suggest you look for a local employment law lawyer (since state law may be important here) and talk to them. It sounds wrong to me to terminate you under these conditions, but it will depend on your contract (if any) and the law. There is nothing about your immigration status that prevents you from taking action, and so if you have a case, you can pursue that without worrying about the asylum case. Take care, Jason
Thanks Jason!🙏🙏
Dear Jason
Can I leave the US if I have a pending asylum case? I plan to get an advance parole. Will uscis issue it if my father died? I plan to travel to a third country, not the country where persecution occurred. Thank you.
I am sorry for your loss. Death of a family member can be a “humanitarian reason” for Advance Parole. If the case is not in Immigration Court, you can leave the US and return with Advance Parole. I wrote about AP on September 11, 2017 – maybe that post would be helpful. If you are trying to expedite, I wrote about expediting in general on January 29, 2020. Take care, Jason
Hi Jason,
I know you are a immigration lawyer but you are our all in all.
Jason, I need your suggestions, I am a asylum seekers here and was working under a big company in California and the have more than 9000 employees. Last I diagnosed with cancer in June and I am on medical leave now. My doctor said that I cannot do any stressful job due to my health condition as I had heart attacks and Pulmonary Embolism last year. So, doctor signed by FMLA paper work until February 23. But my employer wants terminate me now because they cannot accommodate me with my this health issue. I have one options open to go back to work, which I wouldn’t be able to do as I am still taking chemo and other treatments and I am too weak. If they want to terminate me do you think i can take any legal action ? As I am on medical leave. Do you have any suggestions/ friend who can assist me in this regards.
Thank you again , 🙏
Jason, thanks for your thoughts on many issues. I wanted to ask about my i730 case. They change the status to approved on Aug 23 than sep 29 they change it to send to department of state, what do I expect at this point, how long usually it takes for your clients I’m totally blank on this matter. What documents should I gather and when I would finally see my wife few weeks or months?
Any advice would be appreciated as always sir.
My wife is overseas in my country.
MANY THANKS!
There is a link under Resources called I-730 Family Reunification Manual that may help, but we are seeing about 90 days between the USCIS approval and receiving a paper or email notice from the NVC, then the case goes to the embassy. When they contact you, they will list documents that you need, but the beneficiaries (who are planning to come here) will need original documents, such as passport, birth certificate and marriage certificate. They also will need US-style passport photos. They may need other documents, but this will be listed in the papers they send you. Take care, Jason
Thank you Jason as always you give real good advise and share your experience,
Best wishes.
Suleman.
Hello Jason,
I came here with B2 visa and after that changed my status to F1 then before one year deadline I applied for asylum, but still no interview My husband is us citizen and we are in the middle of file the adjustment status based on marriage.the last one I renew my EAD the old version of the form was available. Now i am going to file new EAD with form i485. There is a question in the EAD for which is asked what is your current immigration status? In the old form i just wrote pending asylum without mentioning my F1 status beside my asylum case.in the new form they asked to write SEVIS number which i have( i am still have F status).Do you think this could cause uscis accuse me inconsistency in the forms and deny my i485 form? How can I resolve this issue?
Thanks
I do not think it is a problem. It sounds like you are currently in valid F-1 status, so you can write that. You can also circle the question and write “see cover letter.” In the cover letter, you can explain about the asylum case and provide proof, such as the receipt. Take care, Jason
Hi Jason,
After waiting three more years, my green card application says a new card is being produced. how long will I have to wait to get the card?
Hopefully only a few weeks or less, but you can never predict anything in immigration-world with certainty. Take care, Jason
[…] This piece is republished from The Asylumist. […]
Dear Jason, thanks for your awesome blog.
I have a question: In form I-598 which asked about arrest and detention records in any country other than US, I answered YES and discussed a time when I was confronted by Iran’s morality police (hot topic in news these days) and questioned for my cloths that are not fully appropriate according to Islamic dress code and for coloring my nails. I was not arrested or taken to the custody. I was asked to sign a written document that I will not wear cloths like that in the future. Now I am filing the EB-based I-485 form which asks about previous crime and arrest records. Should I answer YES to these questions and describe? Or I can just ignore that incident as I was not arrested or charged, and I do not believe the incident to be a crime. The confrontation was out of an oppressive regime and based on haphazard regulations which are against human rights. My question is as I have mentioned it in I-589 form I am not sure if I should mention or describe it in my EB-based I-485 or not?
I do not know that there is a correct answer here, but I would write “yes” on the I-485 so it is consistent with the I-589 (USCIS seems to ding people when there is an inconsistency). I would then circle the answer, write “see cover letter,” and provide an explanation in the cover letter. You could probably check “no” and provide the same explanation and it would not make a difference, but I lean towards “yes” (so maybe I am a positive person after all). I think the key is to provide an explanation, so USCIS does not conclude that there is an inconsistency between the forms. You will get to go through this same exercise again when you apply for citizenship, so try to keep a copy of all your forms and documents. Take care, Jason
Hello Jason,
When USCIS sends the Request for Evidence to I-485 applicants, what should be the request about? Does that overall a shows a good progress on the case?
The most common RFE is for the medical exam, but it could be anything. If it is for the medical exam, I think it is a positive sign – most times, after we submit the medical in response to an RFE, we receive a decision in a month or two. Take care, Jason