Immigration 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 very predictable result of this fiasco is that lawyers are stressed and overworked, our ability to adequately prepare cases has been reduced, and–worst of all–asylum seekers are being deprived of their right to a fair hearing. Besides these obvious consequences, the policy of reshuffling court cases is having other insidious effects that are less visible, but no less damaging. Here, I want to talk about some of the ongoing collateral damage caused by EOIR’s decision to toss aside due process of law in favor of reducing the Immigration Court backlog.
As an initial matter, it’s important to acknowledge that the Immigration Court backlog is huge. There are currently more than 2 million pending cases, which is more than at any time in the history of the Immigration Court system. To address this situation, EOIR (the Executive Office for Immigration Review – the office that oversees our nation’s Immigration Courts) has been working with DHS (the prosecutor) to dismiss low-priority cases, where the non-citizen does not have criminal issues or pose a national security threat. Also, the U.S. government has been doing its best to turn away asylum seekers at the Southern border, which has perhaps slowed the growth of the backlog, but has also (probably) violated our obligations under U.S. and international law.
In addition, EOIR has been hiring new Immigration Judges (“IJs”) at a break neck pace. In the past few years, there has been a dramatic increase in the number of IJs nationwide, though some parts of the country have received more judges than others. In those localities with lots of new IJs, EOIR has been advancing thousands of cases. The goal is to complete cases and reduce the backlog. Why EOIR has failed to coordinate its new schedule with stakeholders, such as respondents and immigration attorneys, I do not know.
What I do know is that EOIR’s efforts have created great hardships for attorneys and respondents (respondents are the non-citizens in Immigration Court). Also, I expect that this whole rescheduling debacle will have long-term effects on the Immigration Courts, as well as on the immigration bar.
The most obvious effect is that lawyers and respondents simply do not have enough time to properly prepare their cases. When a hearing was set for 2025 and then suddenly advanced to a date a few months in the future, it may not be enough time to gather evidence and prepare the case. Also, this is not occurring in a vacuum. Lawyers (like me) are seeing dozens of cases advanced without warning, and so we have to manage all of those, plus our regular case load. So the most immediate consequence of EOIR’s policy is that asylum seekers and other respondents often do not have an opportunity to present their best case.
Perhaps less obviously, lawyers are being forced to turn work away. We can only competently handle so many matters, and when we are being assaulted day-by-day with newly rescheduled cases, we cannot predict our ability to take on a new case. In my office, we have been saying “no” more and more frequently to potential clients. Of course, this also affects existing clients who need additional work. Want to expedite your asylum case? Need a travel document to see a sick relative? I can’t give you a time frame for when we can complete the work, because I do not know what EOIR will throw at me tomorrow.
One option for lawyers is to raise prices. We have not yet done that in my office, but it is under consideration. What we have done is increase the amount of the down payment we require. Why? Because as soon as we enter our name as the lawyer, we take on certain obligations. And since cases now often move very quickly, we need to be sure we get paid. If not, we go out of business. The problem is that many people cannot afford a large down payment or cannot pay the total fee over a shortened (and unpredictable) period of time. The result is that fewer non-citizens will be able to hire lawyers.
Well, there is one caveat–crummy lawyers will continue to take more and more cases, rake in more and more money, and do very little to help their clients. Such lawyers are not concerned about the quality of their work or doing a good job for their clients. They simply want to make money. EOIR’s policy will certainly benefit them, as responsible attorneys will be forced to turn away business, those without scruples will be waiting to take up the slack.
Finally, since EOIR is increasing attorney stress and burnout to untenable levels, I expect we will see lawyers start to leave the profession. I have talked to many colleagues who are ready to go. Some are suffering physical and mental health difficulties due to the impossible work load. Most immigration lawyers are very committed to their clients and have a sense of mission, but it is extremely difficult to work in an environment where you cannot control your own schedule, you cannot do your best for your clients, you cannot fulfill your obligations to your family and friends, and where you are regularly abused and treated with contempt. Long before EOIR started re-arranging our schedules, burnout among immigration lawyers was a serious problem. Today, that problem is exponentially worse, thanks to EOIR’s utter disrespect for the immigration bar. I have little doubt that the long term effect will be to drive good attorneys away from the profession.
For me, the saddest part of this whole mess is that it did not have to be this way. EOIR could have worked with attorneys to advance cases in an orderly manner and to ensure that respondents and their lawyers were protected. But that is not what happened. Instead, EOIR has betrayed its stated mission, “to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation’s immigration laws.” Respondents, their attorneys, and the immigration system are all worse off because of it.
[…] asylum seekers (or others in Immigration Court) is a long-term commitment. Worse, as I have complained about repeatedly, Immigration Courts and the Asylum Offices have little respect for attorneys’ time–they […]
May I ask, has there been such a phenomenon, the asylum seeker intentionally provoke the persecutors, and expose themselves to harm, and then purposefully retain the evidence and then apply for asylum ?
I heard that some people choose to protest in front of their country of embassy, and then take photos as “evidence”, so that they say they are afraid of future persecution if returned…
Also, similar things are they come to the U.S., join some democracy movement, write some articles, and then apply for asylum. Or they convert to Christian group, join some churches, take photos of them visiting church…and then apply for asylum.
How do factfinders usually view this kind of phenomenon ? It looks … fishy to me….
It must be very exhausting to sit down and think about these things. You need to focus on your own case and yourself. It is not our responsibility to figure out if asylum claims are fake or not- that is the responsibility of the US government.
I just feel that since these people are winning asylum…not happy about that.
And these kind of people can or will do anything to get what they want. Paranoid policies to stop them doesn’t stop them, it just makes the life hell for the real asylum seekers.
I am happy our lord is not like you, if were everyone would be in the heal.
Of course some people do that, and it is the job of the fact finder to evaluate whether the claim is genuine or not, which s not always easy. Take care, Jason
Thanks Jason for weighing in 🙂
And sadly …
People who do that are making life hell for the real asylum seekers. I am broken into pieces right now , USCIS procedures and backlogs, destroyed my family, my whole life. I am not in a physical jail cell I appreciate it but what’s the point of living if I can’t see my family or get together with my loved one for years.
The process keeps getting worse and worse. Part of it is fraudulent cases, but I do not think that is the main problem. I think the main problem is inefficiency on the part of the government and an unwillingness/inability to make changes at the Congressional level that could significantly improve the situation. I am not sure if you have tried to expedite your case, but sometimes that works – I wrote about it on March 23, 2022. Take care, Jason
Hello Jason,
Thank you once again for your informative blog.
I have been referred to the court, and case coming up next year February in State A. I am recently married, and we are planning to relocate to State B.
Question:
1. Can my spouse file for me in the new State we are moving to despite the fact that we didn’t marry there?
2. What happens to my asylum case in immigration court in State A where i am moving from?
3. Must i transfer the case to the new State or it doesn’t matter even if I move to another State?
Please advise. Thank you
1 – Whatever address you have at the time of filing, you should use that address on the forms (and hopefully keep that address at least until receipts arrive). 2 – You have to file a change of address in court (form EOIR-33), but the case will go forward. You can talk to DHS (the prosecutor) and see whether they are willing to postpone the case or dismiss the case based on your marriage, which they often do. Normally, we first file the I-130 and once that is pending or approved, we try to dismiss the case. Hopefully, you have a lawyer to help, as it makes this easier. 3 – You do not have to move the court case, but you must inform them of the new address, and they may automatically move the case (or maybe not – it depends on the judge). Take care, Jason
Please write about Relocation topic in Asylum
Please write about Relocation topic in Asylum
Please write about Relocation topic in Asylum
I am not sure what you mean by “relocation.” Let me know. Take care, Jason
Hi Jason,
Last year you wrote an article on the new regulations that they are training new asylum officers to specifically interview cases before January 2016. It’s been several months since then. Could you inform us did they started interviewing old cases or are they recruiting more officers and training them? Do you believe they soon call old cases for the interview?
Thank you!
I think they largely broke that promise, though a few offices around the country have a limited number of officers to work exclusively on old cases. In my local office, supposedly there are none. Maybe once the Afghan evacuees get interviewed and if the border slows down, they will have more resources to interview “regular” cases. Otherwise, the best hope now is to try to expedite – I wrote about that on March 23, 2022. Take care, Jason
Jason, honestly, I think we could have done without Ur Jaddou’s and Alejandro’s appointments. It’s like they don’t even exist.
To be fair, we are seeing some improvements in USCIS, with naturalization, online filing, extended validity for EAD renewals, and more. But asylum continues to be a disaster. I know that the situation is challenging, but I was certainly hoping for better. Of course, compared to the deliberate disaster at EOIR, even USCIS looks moderately ok. Take care, Jason
Jason, EADS and RTDS can take over 14 months to process (which is ridiculous in and of itself). For instance, my friend filed an I-131 application for a travel document in December 2021 and the status is still showing “Finger prints…” Another person filed an EAD application back in April 2022 and there is no update. The place that he works does not want to take the receipt/”extension”. Issues like these are upending a lot of asylum applicants’ lives- and USICS is very much aware of this. Why not extend the EAD to 5 years/until a decision has been made on the asylum application since it’s literally taking up to 8 years or more to get an asylum interview? Why not issue a 5-year RTD? What’s the purpose of doing online filing if the application is going to end up in a backlog? Would implementing these things reduce the number of applications USCIS receives and therefore give USCIS more time to adjudicate other cases? Would USCIS lose revenue if it increases the validity of the EAD/RTD, for example? Resting on their laurels at this point should be criticized- not encouraged or celebrated.
I think they are digging themselves out of a deep hole, which is not of their making, but I certainly agree that EADs should be made valid for longer (for as long as the asylum case is pending, since this is easy enough for the employer to check online) and that RTDs should be valid for at least 5 years. That said, USCIS has been slowly improving. I can’t help but compare USCIS to EOIR, which is a total disaster that was caused directly by its incompetent leadership. So maybe by comparison, USCIS seems better, but I can’t argue with you that they could be doing more. Take care, Jason
@Jamie, I agree with what you said.
However, I don’t think on the point of EAD renewal, which caused problem to the asylum applicant should be blamed on USCIS.
USCIS has made it legal to work on receipt. It’s on the employers who discriminate based on different types of work authorization documents. “The place that he works does not want to take the receipt/”extension”.” – That to me is on employer. They should not discriminate based on types of work authorization or documents to surrender.
I travelled to Germany with the Refugee Travel Document and got robbed. My asylum is granted and I-485 is pending. USCIS is directing me to the embassy, us consulate directed me back to the UCIS. What do I do, I was supposed to travel back home yesterday, now I am stuck here and I have only 4 weeks legal stay left. Could you please help me or refer me to a lawyer? I contacted many lawyers and could not get assistance.
I think you will need to apply for a new RTD, using form I-131, available at http://www.uscis.gov. You can try to expedite the document based on this emergency, but I do not know how long it would take. It is really awful that the US embassy does not help or at least provide advice in this situation. In terms of a lawyer, I see you included an email and I will send some lawyer names to you. Take care, Jason
Hey Jason and thank you for everything you do.
I applied refugee travel document from overseas because my current refugee travel document got stolen a couple of months ago while I was here. The field office in Washington DC adjudicating my case notified me via email that my application was approved and they forwarded the application to the service center for the production of the document. However, it has been more than one week and I haven’t had a case status update on my uscis online account. The case status still says it’s pending review. Any thoughts about this? Thanks and
Much appreciated
I do not know how long it takes from the approval notice to issuing the document. I think it is relatively fast – days or a few weeks – but I am not sure. I guess you can try to call USCIS at 800-375-5283 and see if you can inquire about the document, but hopefully, they will just issue it in the coming days. Good luck, Jason
My document is stolen abroad and I am stranded in Europe now. What should I do, I was supposed to travel back home yesterday. Please reach me out fred hassox100@gmail.com
Hello,
I am about to fill the form N-400. I have a question about the residency part. I have lived at the same place for the past 5 years. When I previously filled form with USCIS such as I-31 and I-485 I didn’t put an apartment number but I recently updated my address with the correct apartment number recently. How likely is this going to cause an issue in my naturalization application?
I can’t see that as a major issue. Maybe they will ask about it, but it seems easy enough to explain. I did a post on December 2, 2020 where I discuss issues that sometimes come up when an asylee/GC person files for citizenship – maybe that would be of interest (though note that today, citizenship cases are going much faster than they were in 2020). Take care, Jason
Hi Jason,
Just this afternoon my asylum status changed to ‘Interview is scheduled. You will receive an interview notice. “, how soon will I receive the actual letter?
Thanks for all your help,
Be blessed!!!
Probably in a few days or a few weeks at most. If you have “informed delivery” from the US post office, you can see what mail is coming to your house, so you will know to expect it. Take care, Jason
Thanks Jason, I really do appreciate your help!!!
Good day, anyone with Asylee status living in New York has experience of receiving an enhanced real ID Drivers license? I moved from out of state to NY, already have a drivers license issued from another state that is also a real ID. I have been to the DMV in New York 3 times and denied all 3 times with 3 different reasons as to why they cannot issue a change over of my DL because of my status. They keep asking if I have a GC and that they have to take my Approval letter and i94 to submit for verification from homeland security, when I asked how long is that process the answer is that they don’t know. I don’t think it makes sense for me to turn in my Drivers License that is already a enhanced real ID valid for 8 years to sit and wait in limbo on the DMV to contact me after some alleged verification process that is not listed nowhere on the website. Jason please advise, or if anyone with asylee status has experience with the New York DMV ?
I do not know a lot about DMV issues, but my clients who have work permits based on asylum pending or approved all seem to get licenses. Maybe try to talking to a supervisor there? The DNVs can be very difficult places, but if you can find someone who knows what they are doing, they should be able to help, since others in your situation regularly seem to get their licenses. Take care, Jason
Hello jason,
I have pending asylum case, but has not interviewed. My husband who is US citizen sponsored me to get my residency. We have a lawyer who filed the application and submitted to the USCIS. I have F status beside the pending asylum( I entered with B2 visa and changed the status to F). In the form i485 there is a section that asked what is your immigration status, the lawyer just wrote pending asylum. Will this mistake cause an issue during the process? How can I resolve this?
Thanks
I do not think this will make any difference, but you can inform USCIS at the interview or send them a letter beforehand about this. It is not really legally relevant to whether you can get the GC, so I would probably just wait for the interview, but that is up to you. Take care, Jason
Hi Jason,
Thank you for your all help and answers in this group. My case has been pending 7 years now and no interview has been scheduled. I feel so frustrated that I see no lights after this long journey. I applied asylum back in 2016 when I was in F-1 status, but I completed my degree in 2019 then during covid I lost my F-1 status (after OPT). I have been employed since I graduated, but I didnt pursue H1B path at that time as I had my EAD then didnt really realize that asylum interview would take this long. That’s my most regretted part of this process. Now my current employer willing to apply EB2 based green card, and I am qualified in terms of job description, qualifications but I dont have valid status other than pending asylum. I havent seen my family about 10 years now. I tried almost every possible ways, including expediting my case, reaching out to asylum office. None of them worked. I learned that I still can adjust through EB2 but thats tricky when I am not in status, so not sure I should pursue this. Do you have any similar case and eventually succeeded? If so, how long would it take or any timeline? If this doesnt work, I probably will give up on everything. I am done. I really dont have anymore patience left. I may pursue different country such as Canada or EU, based on my job qualifications it’s doable but again I am scared that pending asylum case in U.S would block me from those opportunities as well. I feel so hopeless at this point.
Thanks.
Hi @Tedd,
I am sorry for your situation, honestly I think if you want to do it, you should do it. May I ask what’s the basis of your asylum claim ? and where do you claim asylum from ?
It may be possible to get a GC this way. I wrote about it on August 28, 2018 (referencing a section of the law called INA 245(k)) and September 6, 2018. I do not do business immigration and I have not done this, but I have heard about people doing it successfully. Sometimes, this requires leaving the US to consular process and other times, they can get the GC inside the US. You would need to talk to a lawyer who does such cases to see what can be done in your specific situation. Also, in terms of the asylum case, you might consider a mandamus lawsuit. We wrote about that on October 2, 2018 in the context of waiting for a decision, but the idea is the same, and so maybe you want to talk to a lawyer about that as well. Finally, while you may need to explain your presence in the US to other countries if you decide to move there, asylum is confidential and they will not know about it (though maybe Canada will know since there seems to be some sharing), and I doubt that the asylum case will have any negative effect on an effort to immigrate elsewhere. Take care, Jason
Hi Jason,
Thank you so much, Jason. I will do some research on this path and consult with lawyer. I have never been out of status (unless pending asylum is considered out of status) and no criminal record, so only concern is if I can adjust in the U.S or should leave U.S for consular processing. It’s just hard waiting my interview schedule for so many years.
Best,
You can adjust in the US. I have 3 friends who adjust their status without leaving US.
Hi,
Thank you for your reply. Can adjust without any other valid status such as F1, H1B? Only pending asylum is what I have at this point and valid EAD. What would be the process? Any lawyer recommendations for this such particular case? I reached out to couple EB lawyers they seem not know much about someone with pending asylum not actual status, so feel confused.
Thank you.
The point of INA 245(k) is to allow a person with no status other than the pending asylum case to adjust status. I have heard about people doing it, and reading the law, it seems possible, but I have not done that. I do not have a lawyer to recommend, but when you reach out to lawyers (or check their websites), see if they have experience with INA 245(k) and if so, ask them how that worked for their clients. Take care, Jason
Hello! My situation is almost same as you could you please contact me on my email r.dontamala@gmail.com please. I would like to share my experience and also take some ideas from yours. My passport from home country is expired since 2018 and i have left no options
Hello dear Jason,
As an asylum seeker, I applied in June 2015 in LA office and have been waiting for a long time, haven’t interviewed yet.
I’ve done everything than I could do.I requested to expedite my case two times in 2022, but it wasn’t approved.
I’m exhausted to hope my kids.They have been counting down to see their dad for almost 9 years.
I think Family Separation doesn’t matter for them nowadays.
I haven’t been lucky enough to get interviewed.
Now, I firmly decide to file a writ of mandamus.They really ruined my mental health.One of my friends wants to help me .She is not an attorney but has a college education about laws and worked in immigration administration.I wanna ask do I have to file a writ of mandamus due to unreasonable delay by my own or it’s mandatory to do it by my attorney?I don’t know how to write to my attorney and inform him in a polite way.
Please give me your advice!
You can file a mandamus on your own (however, a non-attorney cannot do that for you; she can help you prepare it, but you would need to file it pro se, meaning – by yourself), or you can use a lawyer. That is up to you. If you do this, make sure that your asylum lawyer is informed and that the case is complete and ready to interview. I do think it is important to inform your lawyer, so the lawyer is not surprised if an interview gets scheduled. These delays are literally killing people and destroying lives and families, and so I certainly do not blame you for wanting to do a mandamus. Good luck, Jason
Mandamus will certainly work ,I was in your situation 2 years ago,my asylum case was pending for 4 years.It was driving crazy to keep getting expedite request denials from asylum office. I applied Mandamus, in less than 2 months I got interview and my case was approved. Mandamus is almost only way but, use a lawyer.you may use a different lawyer than the one you have ,not all attorneys do Mandamus, but 7 years of waiting that would have killed me for sure
Hello Jason,
Hope all is well with you.
I applied for my gc based on asylum almost 4 months ago, but cases are flied after me getting approved. I am trying to understand how some I 485 cases are being approved in a short period of time like within 45 days or 35 days. Do you have any idea why? Is the i 485 processing time has any dependency on nationality or case cetagory?
Thank you
Samir
Most I-485 cases based on asylum take 2+ years, but some seem to be going fast. I do not know why. I can only say that USCIS is still a mess in many ways, and is still recovering from the pandemic and the Trump Administration, and processing times are often very unpredictable. In any case, unless the case is outside the processing time posted at http://www.uscis.gov, there is nothing to do except wait (you can try to expedite, but that is often very difficult – I wrote about it on January 29, 2020). Take care, Jason
Hello Jason, Hope you are doing well, and thank you for all the help you are providing for everyone.
I applied for Asylum in 2016 and I am from Bangladesh. Never got any interviews. Got married in 2021. Applied for GC through marriage ( asylum application is still open ). A week ago received my combined EAD and AP card. I want to travel to Spain and the Philippines to meet up with friends and family. I am just worried about whether I will face problems when returning back to the states. What are the chances of me not entering the states?
Thank you Sir.
As long as the EAD/AP card is still valid, you should be able to re-enter. You will need to travel with a passport, and so that should be valid as well. Also, using the passport can raise questions, such as: why are you using a passport from a country that wants to persecute you (this is less of an issue if you fear non-government actors). So you should be prepared to explain about that. But we have had many clients travel this way, and no one has been prevented from entering the US or had any major problems. Take care, Jason
Dear Jason,
I applied for asylum and included my children, my case is still pending it is now two years. My children (minors) joined me recently. Now my question is where do I start from to get them all the necessary requirement like biometrics and SSN.
Kind regards
Ten T
You have to add them to your case, which is often a bureaucratic difficulty. The starting point is to email the local asylum office and tell them that you want to add dependents. They should be able to send you instructions. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
It’s been past 4 years since my uncle finished his asylum interview. I’m wondering if they’re not giving a decision due to TRIG hold.
When he was in a taxi in Syria, an armed extremists checkpoint stopped them and took a bag he was holding and took money from it. He did not give them the bag or offer them the money, they just took it from him. Can that trigger the TRIG thing? I thought it would only apply if he was the one who offered money.
It should not trigger the TRIG bar, but with these people, who knows? They are very suspicious of everyone from Syria (why, I do not know) and we have seen a lot of delays for Syrian nationals. Also, they tend to take a very broad reading of the TRIG bar. Also, I do not know why, since it is over-broad to begin with, but that is my observation. I did a post with some ideas about what to do when a decision is delayed. That is on June 2, 2021 and maybe it will help. Take care, Jason
Hi Jason,
Follow up question on my uncle from Syria, who was at a checkpoint and armed people took a bag from him and took money from it. We were worried about TRIG bar because it’s been over 4 years with no decision after his interview.
After asking for congressman to inquire, USCIS responded to congressman that case is in “background check”. Could it still mean that it is on TRIG hold, or does their response of “background check” mean it probably really is in background check and not a TRIG hold?
Hi Jason and All,
My Asylum case has been pending for interview since April 2016. It has been too long now, and not sure what I do. Is there any suggestion you guys can advise me to do?
Thanks
You can try to expedite your case – I last wrote about that on March 23, 2022. If that fails, you can try a mandamus lawsuit, but first, you should try to expedite and see what happens. Good luck, Jason
May I ask a question,
For asylum, you need to show that harm is on account of one protected ground. But, how is it possible to conclusively prove that ? May I ask for the cases, you just need to show that it’s more likely than not you r harm for a protected ground, rather than you need to show that with certainty (beyond reasonable doubt, no other explanation)that a person is harmed based on a protected ground ? Cause I was just thinking about a likely scenario that I and my persecutors are in front of a court of law. I accuse my persecutors of XYZ, and very likely the persecutors(defendants) will not admit their wrongdoing. They will try to find pretexts to justify their behavior. This makes my burden very heavy, I need to find all the circumstantial evidence possible and country conditions, country conditions are usually too general and because persecutors suppress information. Some aspects are not reflected.
So for example, some country charge political dissidents with crime, yes it looks suspicious, but how can you prove that they are harming them because they are political dissidents ? In my opinion, a powerful government could easily “come up” with evidence to incriminate a person for a non-political crime. And a lot of times, this political dissident is jailed or doesn’t have freedom…so they can’t speak for themselves and they can’t easily collect evidence, they can’t even get their testimony out to a court easily. So in this case, how can a judge decide without complete information ? The political dissident may have counsel, but the persecutors could also have their counsel, e.g. they may have their head of legal department, chief attorney or attorney general such…they have all the power to collect, search, destroy, come up with “evidence”…how can you win in front of a court when you are opposing a powerful persecutors ? Just seems to me mission impossible…Please illuminate 🙂 .
To a lesser extent, I also feel the structure that a immigrant vs DHS in front of an ALJ or an immigrant vs Attorney General in front of a circuit appeal is…problematic…the latter once had power over the former…so…it just seems … some sort of conflict of interest there…
You do not need to conclusively prove the nexus – you just need to prove it, by providing testimony and evidence about the motivation of the persecutor. Take care, Jason
Thanks 🙂
It’s gonna be hard then…the persecutors will not admit their true intentions, and I will not be able to get a written admission from persecutors…
Sadly…not sure how useful my circumstantial evidence could do…
Hi- asylum does not work like that. I think you are overthinking it. First of all, you (as you personally) don’t have to be persecuted to win asylum, especially if he persecution is widespread/there is a pattern and practice of persecuting the specific group of people in your country. Obviously, if you were persecuted, and you can prove that you were persecuted because of your race, religion, political view(s), social group, etc., that would make your asylum claim stronger and your chances of winning asylum greater. However, for the purpose of winning asylum, you only need to belong to the community/group, which MUST be one of the groups that fits neatly into the definition of a refugee, that is persecuted. More importantly, you must show that your government either cannot protect you or is unwilling to protect you/complicit in the persecution. In addition, you must show that internal relocation would not prevent the persecution. Though there are some countries that deny persecuting some of its citizens, or suppress the information, an asylum applicant can use expert witnesses, letters from families and friends, letters from doctors and psychologists, or convince the judge or asylum officer with his/her own credible and consistent story.
Thanks @Jamie. I think you touches a point.
“Convince” – which is subjective. To me, ultimately, it’s whether they “choose” to believe you or not. It’s up to their moment of thought…an AO or IJ could always choose to believe or not believe you and grant or not grant you asylum. The only mandatory deportation is for people who have committed particularly serious crimes. They have 0 discretion over that.
I definitely believe that there are a large group of people who need protection that are left out by the two extremes, either individualized risk or POPOP. There could easily be a group that is at increased risk of persecution, but not to the level of POPOP. And an asylum applicant chooses to refrain because of that risk, which means there is no past persecution. And so there is no presumption of well-founded fear. In this scenario, it will be very hard to, in my opinion, demonstrate a well-founded fear. Cause ultimately, we are talking about something in the future, but who could possibility know what will happen in the future. Only God knows…
In addition, PSG is very hard to prove because if an asylum applicant refrained in the past, then all the harm they endured will lack nexus…
So that’s why I see a lot of people who intentionally provoke persecutors will have better chance at winning asylum.
Dear Jason;
Thank you so much for your valuable support in this blog.
As you know the Visas V-92: The spouse or child of an approved Form I-730 filed by the principal asylee referred to as a follow-to-join asylee (FTJ-A).
My questions are as follows;
1. What’s the visa V-92 fee?
2. What’s the medical examination fee?
3. Embassy Consulate interview appointment fee?
I wasn’t able to find out any official information verifying the current applicable fees provided by department of state.
Appreciate your response.
1 – I do not know; the embassy gives documentation to travel, but I do not remember what it is called. 2 – I think that varies by country and doctor. 3 – No fee. Take care, Jason
Hi Jason and anyone with this experience.
I applied for Advance Paroles early December 2022 and they responded early January 2023 that it is approved and that I should wait for the official documentation. I have not received the official documentation yet. I am wondering if it’s still being sent or they have put it on hold Or it’s lost. How long do they usually take to send it after approval?
Thank you
Hey Lula Lula,
Was it emergency advance parole? Or did you expedite it?
Excellent question…
Hi SW
It was just an ordinary application, no emergency or expediting.
Normally AP takes much longer, so that is a little surprising. If they sent you an online notice, I imagine you would get the dociment in a few weeks at most. Maybe you want to call next week and see if you can learn more: 800-375-5283 (though it is not easy to reach a person). Take care, Jason
I submitted a few weeks after application for marriage GC. It only a few weeks before they responded (3 weeks)
Hello Jason, hello community
I have a simple question about Imigration court
( Jason and all community are welcome to help with their experience)
My asylum was referred in Court in 2019.
However, before I got the NTA I already got married with US Citizen.
My Master Calendar Hearing was postponed because of the pandemic to July , 2023..
I was not been able to file I-130 simply because I couldn’t obtain my birth certificate (due to Covid-19 and birocracies in my country of origin)
I finally got it, and me and my husband are ready to file I-130 by the end of this month…(4 years of marriage)
My question are :
1) Do I have a chance to dismiss my case with PD, only with I -130 pending ( but not aproved yet,)and try to adjust status with USCIS…
2) Also I would like to know if the IJ may be willing to agree to terminate or administrative close the case on the day of my Master Calendar Hearing ?
3) What is the best course of action in my case to consider?
(I have heard soooo many different experiences about termination, PD, and administrative closure theese days , that I am completely confused and lost)
According to your experiences, please share your advice and help me 🙏🙏
(Btw, I entered legally with J-1 visa (no 2 year leaving requirement), no criminal background and been paying taxes since I came here…in other words, I was going to fit perfectly for the Doyle Memo of non-priority cases for PD (which got suspended by Texas lawsuit unfortunately)
Thank you all for your time and effort and apologies for the long message .
God bless you all 🙏🙏🙏❤️❤️❤️
@KIKIRIKI
Since you have called out the community to reply to your questions, I would just share mine with you, and hope you get an idea. The rest Mr.Jason is in better position to answer you in detail.
I have had almost exactely the same situation as yours. First you dont have to wait for MH to request for PD, Your attorney can ask DHS directly and file the motion for PD, Thats what exactly my lawyer did for me. The same duration 4 years into marriage and DHS asked for two things 1) Joint Filed Taxes record for 3 years & ( 2) If there is a baby born yet? If Yes, Baby birth certificate ( Since I was 4 Yrs into marriage). Both were provided and in next 3 weeks Case was Dismissed !!
3 Months after called for I-130 Interview by USCIS and approved on spot. I- 485 is pending now !!
Note !! I shared mine one. Yours might be different. God knows better. Hope you got a bit of clue
Hello, I am in the same situation as you. I have an asylum case, after the interview I did two years without result. As I was married, I submitted a request for adjustment of status (I-130; I- 485). A month later I received a letter from my asylum case that my case had been sent to a judge with a date. On the scheduled date, I am informed that I have been rescheduled for another date which will be communicated to me, 2 years ago I have not received a new date. For the adjustment of status I had an interview, soon 2 years I have no results. I used all the means possible, they say to be patient. Like you, I’ve had several opinions, but I don’t know which one to choose. Write to ask to close Asylum case and continue with Adjustment of status? I am still confused. I came with student visa.
If you are eligible to adjust status based on the marriage, that may be the better (and lower risk) choice. Sometimes, the judge and DHS will not agree to dismiss the case until the I-130 is approved, but other times, they will agree once it is file. Take care, Jason
1 – That may be possible. You have to ask DHS to see whether they agree, and if so, you can ask the judge to dismiss. Sometimes, they will not agree unless the I-130 is approved and you paid the I-485 fee, but the policy on this seems to keep changing. 2 – You can ask and see, but they will not normally do that unless DHS agrees. Also, I doubt they will administratively close in this situation (admin closer would allow you to keep the asylum-pending work permit, but you would then need to return to the court to dismiss the case in order to get the GC with USCIS; the better approach if you want to do that is to ask for another continuance of the MCH). 3 – You might want to talk to a lawyer about the specifics of your case and what you need, as there are different options. I usually prefer to dismiss as soon as possible, though if you do that, you will not be able to renew the asylum=pending work permit. If you can dismiss, even if the I-130 is not yet approved, you can file the I-485 immediately (check the form I-485 web page at http://www.uscis.gov for how to file an I-485 if the I-130 is still pending), and you can also file for a new EAD and a travel document (Advance Parole) based on the I-485. It may be worth talking this through with a lawyer to see what will work best for you. Take care, Jason
Hello Jason,
I would like to ask about my niece , she is her on an F1 visa that is valid till August 23/ she just applied for TPS , can she travel using her valid F1 visa while her TPS application is pending ,and can she reapply to renew her student visa , her I20 valid till 2026.
Thank you
I believe that she can because TPS is “temporary” and does not imply an intent to immigrate to the US. A student visa requires the student to leave at the end of her studies, and so a student visa is not compatible with an application for asylum or a GC (since those are requests to stay here permanently). But since TPS is temporary, there should not be a problem. That said, I have not specifically looked into this and I am not 100% certain. Maybe she can ask the international student office at her school – they may have more insight into the question, as she does not want to take a risk of having a problem or being prevented from returning. Take care, Jason
Hi Jason,
Can a client file mandamus against immigration court or it only allowed to be filed against asylum office? Thank you
I guess you can file against the court, as it is an agency, but you would certainly need to resolve the case in “normal” ways before filing the lawsuit. Take care, Jason
Dear Jason,
Thank you for the wonderful blogs that provides so much useful information for the asylees! I’m an asylum seeker. In the meantime I’m married to us citizen and waiting the interview on GC based of that fact. However I can’t obtain birth certificate from my country. I was born in Chechen Republic, Russia. During the Chechen war the archive was lost. So I can’t get legal copy from the government. I have only a scanned copy with the Apostille. If I could back to Russia, I would have an option to go to the court so that they will order the goverment to restore the record. However it’s not an option for me at all. They would arrest me on the border. Is there anything I can do to get my GC when I cannot obtain the birth certificate because the archive was lost during the war? Thank you.
I think you can use a copy – USCIS rarely asks for the original. You can also explain that you do not have it and cannot get it (for the reasons you describe). There are alternatives to getting a birth certificate, which are annoying and involve getting affidavits from people who knew you when you were born, but I would just use the copy for now, and see if USCIS needs something more. Take care, Jason
Thank you for the reply. Just to be sure: it’s highly unlikely that not having the original birth certificate impacts stops me from the approval of the petitions, isn’t it? Also would you please clarify on the base they take to count 2 years from the marriage. What is the closing date? The day when they make decision after the interview or the date of interview itself? Thank you!
They generally do not ask for the original birth certificate, but I guess they could and you would have to explain why you cannot get it, and then see what they say. I am not sure I understand your other questions, but if you are married two years or more at the time they issue the GC, they should issue a 10-year GC. If not, you would get a 2-year GC and then have to file for the 10-year GC 90 days before the 2-year card expires. Take care, Jason
Тhank you!
Hello,
I am a GC holder through asylum. I have left the US using an RTD and returned using my GC (I forgot to provide my RTD to the officer when I returned. I provided my GC only and he admitted me. That said, can that create any conflict in the future naturalization process? Can they see me that I have left the country using RTD and has never returned, so they flag me as I abandoned my GC? If yes, what should I do? Please advise.
I highly doubt that will be an issue. I would just keep whatever evidence you have of your return trip – plane tickets, passport stamps, proof that you are back in the US (pay stubs, school records, tax documents). I have never heard of a situation like this being a problem, and so I would not worry about it, but I would keep the evidence, just in case you need to prove that you were in the US for purposes of naturalization (everyone has to prove this, but USCIS rarely asks for such evidence). Take care, Jason
Hi- how can they accuse you of abandoning your GC (or LPR status rather) if you never stayed out of the US for more than 1 year or had too many trips outside of the US? Did you give the immigration officer reason(s) to believe that you abandoned your status? Other reasons the IO may suspect that you abandoned your LPR status are: not having a rental lease, a job in the US, working outside of the US without first getting a re-entry permit, etc. Using your RTD to take a short trip (or a couple short trips) outside of the US and returning with your GC has no impact on your LPR status. If the immigration officer wanted your travel document s/he would have asked for it. Lawfully speaking, you are only required to show a valid, unexpired GC when returning to the US as an LPR, though the IO can ask for your travel document.
Hello CZR,
Out of curiosity, were you coming from cop?
Thank you
Sam
My wife from my country of persecution is derivative and has a pending I-485 application. She was not included with my case in any form. Her family member is in serious condition and currently at a hospital. We have hospital reports, evidence of relationship. We will provide them for Advance Parole. Would it be a huge risk to go to COP to visit her family member even though she is just derivative? I’ve seen your blog posts about refugee travel document and AP however couldn’t find a similar example of this situation. Could you please enlighten me about this? Much appreciate it.
If your wife has filed an I-485, she should be eligible for a “combo card” EAD and AP. This is free when you pay for the I-485, and is better than what you get when you file AP based on asylum. So if she can get that, it would be better. I was not completely certain from your question whether she is a derivative on your asylum case, but if so, a return trip is usually ok. The only exception is if your asylum case indicates that she and (or your whole family) would be danger if she returns, and then the trip may need to be explained at your asylum interview. Take care, Jason
Thank you for your answer, Jason. We have filed together for I-485 through Asylum Granted. She is a derivative because of being my wife but she is not mentioned in my case as she would be in danger in COP. I looked up for combo card but looks like USCIS stopped doing it because of the backlog. What do you think about just getting AP? We got an appointment at USCIS Local office for emergency.
I think you can still get the combo card, but certainly, you can just get AP. You should not need to pay for it if you have the I-485 receipt. I would bring that with you when you go to your USCIS appointment. Take care, Jason
Do you know what’s the form number for combo card? Thank you for your advise.
You file forms I-765 and I-131 (Advance Parole) together, usually when you are also filing an I-485 for a GC, and USCIS issues the combo card – EAD/AP. Take care, Jason
Hi Jason, Thank you for all the great work you do and the wealth of information you provide for us. I referred to your blog for immigration information and benefited tremendously. I’m here today for 2 things:
1. How can I make a small donation to your organization in appreciation of what you do?
2. Do Asylee are expected to pay filing fee for Form I-485 and the biometric fee?I thought it is waived for asylees and refugees.
1 – Thank you, but it is not needed. I suppose you can buy my book (I have been donating the profits to immigration charities) or make a donation to a charity of your choice – either would be appreciated. 2 – You have to file the fee (currently $1225), or file a fee waiver, form I-912, available at http://www.uscis.gov. I believe that for Afghans adjusting status based on asylum, the fee may be waiver, but I am not sure, and I am guessing by your name that you are not Afghan. Take care, Jason
I am sorry, but it would be ridiculous if Afghans are able to almost automatically get their fee waived but other refugees and asylees can’t (yes, I know that refugees and asylees can request that the fee be waived, but they have to show they can’t afford it). When Afghan asylees get their EAD, are they not able to find jobs like other asylees and refugees? I don’t get it!
Maybe it is a guilt offering for abandoning the country to the Taliban…
Hi Jason, I’m on pending asylum since 2016 . I came to the US with a B visa and requested asylum. I’m married since 2013 and have one kid, but we don’t have a marriage certificate (nor a traditional marriage paper). On both the visa request form and on I-589 my status is “Married” and her name was included.
Now, we decided to divorce if we can’t meet this year.
Question: if I got my asylum, how can I process it for her without a marriage certificate? OR if we divorce, How can I tell USCIS my singleness? (Back home, we can’t get the divorce certificate, because there was no marriage certificate in the first place).
I think you will need evidence of the legality of the marriage, and I am not sure what the US government would accept if you do not have a certificate. You can check this website, which shows what documents the US government believes are available from your country: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html. If the marriage certificate is listed, then they would expect that. I imagine you could get other documents to show the relationship, such as the child’s birth certificate, affidavits from people who know about the traditional marriage, photos of the marriage, etc. That might work, but I am not sure, and you would need a lawyer to research the issue. In terms of ending the marriage, if you decide to divorce, you can just tell that to the asylum office at the interview. There is nothing more that you would need to do. Take care, Jason
I applied for Asylum in June 2014 and my case was approved in March 2020. I applied for GC after one year on April 2021 and got approved on January, 2023. USCIS mailed me my GC with tracking No. I was tracking my GC. Today status says your GC is delivered. I went to Post office they asked some one pick you mail and my tracking is saying “Delivered
Delivered, Individual Picked Up at Postal Facility.
How it is possible that they gave my GC to anyone. Please help me how I can get my GC and how I can inform USCIS and if not received, I’ll apply again and wait for more three years. I’m really very confused and stressed.
Try to file lost get police report stolen stuff including greencard and request for duplicate or copy
If you need to replace or renew a Green Card (I-551) that has been lost, stolen or is expired, please call U.S. Citizenship and Immigration Services (USCIS) at 1-800-375-5283 or visit USCIS.gov.
If someone stole your GC (which seems very strange – how would they even know to pick it up), you should report that to the police and to the post office. It is a federal crime to take someone’s mail. I think then you would need to apply for a replacement GC based on a stolen card, using form I-90, available at http://www.uscis.gov. This should not take years, but it will take some time. You can try to make an InfoPass appointment with USCIS to get an “I-551” stamp in your passport, which indicates that you are a permanent resident. You have to call them at 800-375-5283 to make the appointment; this is not easy, but it should be possible. Good luck, Jason
Hi Jason,
I submitted my i485 in Dec 2020 and filed gor a mandamus in Aug 2022. Its been 150days after filing the mandamus and the uscis has not scheduled an interview. The state attorney asked for several extensions which we gave them. This past friday sent the state attorney sent another email to my lawyer requesting anothet 28day extension which she refused because its been 150days since filing date. She says she will file a default judgement if she does not get a response by tomorrow. To be fair this is all new to her since im her first mandamus client so she is researching on what happens after we file a default judgement because she does not know. My question is have you heard of default judgement in mandamus cases for i485 cases based on asylum, what happens when we get the default judgement, can the uscis just ignore it? What further action can i take? It seems they are very reluctant to schedule the interview and thats all we have been asking for.
I do not know what a default judgment means in this context – maybe the judge will order USCIS to give the interview by a certain date or face a penalty, but that is just a guess. Presumably, if USCIS ignores a court order, there will be penalties, but how that works, I do not know – I do not do mandamus cases, and they seem to be rarely filed for I-485 cases. Also, I do not know whether this is related, but I-485 forms based on asylum take more than 2 years, and I suspect that your case is still within the processing time posted at http://www.uscis.gov. How that impacts the mandamus lawsuit, I am not sure, but it may be relevant to USCIS’s repeated requests for more time. Take care, Jason
Thank you for your input.
Hi Jason,
Just circling back my GC got approved.
Congratulations and thank you for sharing the good news, Jason
Hi, I applied for asylum since September 2016 almost 7 years now at the Chicago location and still no interview I’m so stressed and depressed now than I’m thinking to ask a lawyer to help me to file a lawsuit to get my interview. What do you think can be the best option just keep waiting until when I don’t know, because I guess I’m backlogged or try to file the lawsuit and see if something will happen.
Thank you so much for this blog!
You can pursue a lawsuit, but before you do that, you mus first try to expedite the case (if not, the federal judge in a mandamus lawsuit may deny the case for failing to try the “normal” remedies). I wrote about expediting on March 23, 2022, and maybe that will help. Take care, Jason
Hello Jason,
I have received an email response form USCIS regarding my I-485 application as below:
“….USCIS has received your inquiry, and our USCIS Contact Center is currently researching your issue. Your letter has been assigned case #*********. Please allow 30 business days from the date of this letter for us to respond to your inquiry…”
Do you think they will send me an update with more details or it will be the same robotic answer they provide via phone calls and live chats?
Hopefully, they will either send a response, a request for evidence or just give you a decision. The only way to know is to wait and see, but if there is nothing after 30 days, you can inquire again. You can also try the USCIS Ombudsman (a link is under Resources), as they sometimes help with delayed cases. Take care, Jason
Hi Jason,
I am waiting for my asylum interview for more than 4 years and six months now
My wife who is a dependent on my case is recently diagnosed with breast cancer last month and we are very depressed
Is there any possibility to expedite the interview based on health conditions
Regards,
Najeeb
That can be a basis to expedite – I wrote about this on March 23, 2022, and maybe that would help. Good luck, Jason
Hi Jason,
I am going to apply for green card based on my asylum status. Do I need to fill out separate I-485 forms for each of the family members (myself, my spouse and the children) ? or can I put all of us on one single I-485 form?
Thank you
Each person needs their own I-485 + fee (or fee waiver using form I-912, available at http://www.uscis.gov) + medical exam. Also, since it does not cost extra, we normally also send form I-131 to get the Refugee Travel Document. Take care, Jason
Hi Jason,
I have an issue that is scaring me so much. My green card based on asylum is pending since March 2021. I have traveled in August 2021 to third country to see my parents using refugee travel document. Is this considered an abandonment of my adjustment of status??? Some people said that claiming that you have to have an advanced parole document to not abandon your green card application and that RTD does not act in lieu. Do you have any clients with this issue? thank you so much
If you have asylum and traveled with the RTD to a third country, there is no problem. My clients do that all the time. A person with asylum uses the RTD, and not AP. Also, there is no problem to travel while the GC application is pending. GC applications are very slow for most people, and so 2+ years is a common wait. Basically, from what you write, I do not see any problems and it sounds like you just have to wait some more, since these types of cases are so slow. Take care, Jason
Hi Jason,
Thank for sharing your experience from so many years.. really appreciated.
I have 2 questions pertaining to my friends asylum case. He entered US through border on March 2022 and haven’t filed asylum yet. He was going to show up to ICE for dates. Does his one year deadline will end in march 2023? Also, can he file my his own by filing asylum application in the court just to the sake of filling. Because as you said, attorneys are busy and no one is taking his case. He wants to file and then later hire an attorney.
Another question is he was a member of an organization( not a political party) but has conflict with political parties. Can he still file political asylum? Please share your experience.
Thanks
I think he needs to file as soon as possible, whether he has a lawyer or not. Even the best asylum case can be denied if the person files after the one year period. If he has a court case, he has to file with the court (with one copy to DHS – the prosecutor). He should also Google “pre-order instructions in immigration court” and follow those to get a fingerprint appointment, which is required. I believe if he contacts the court, they can give him info about filing + info about pro bono (free) lawyers – you can find the court contact info if you follow the link under Resources called Immigration Court. I also did a post on September 22, 2016 with links to pro bono organizations. This sounds like a political case, but having a lawyer will help determine the best way to present the case. Take care, Jason
A question for all asylum seekers/asylees:
Can you ever forgive your persecutors who inflicted so much pain, harm and/or fear on you and who make you have to seek asylum in the U.S. ? Should we, after granted asylum, try to punish them and hold them accountable for their evil deeds ?
I just feel like even if granted asylum, some trauma and harm left is…indelible…
There is no better solution than forgiveness. We all experience trauma at some point in our lives. Because of our prosecutors, we have been through a lot, but we must work on ourselves. The trauma becomes worse when we think about revenge. Be safe and enjoy your recovery, you’re not the only one.
Thank you @alpha markos. Sometimes, I am just wondering, by granting asylum and offering asylum, are we sending an implicit consent/approval to the persecutors “no worries, you can continue to persecute, the victims can always seek asylum if they need to” ?…
Those who can make it to the U.S. to seek asylum is rare, and the capacity of USRAP is limited…when we are talking about asylum, don’t forget there are many more people suffering persecution outside of U.S. border…
In my opinion, the solution to asylum crisis is to … removing the persecutors, rather than offering asylum…
Hi Jason,
My asylum was approved waiting for more than 2 years and when I filed for I485, I applied it at 6 months after approval. They accepted it and I was sent a receipt notice and my finger prints were also captured. It was in process for the last 6-7 months and now there is an update on my case status that ‘ we are reopening your case and reconsidering the earlier decision we made on your case’. I never got a RFE or denial or I never applied for motion to reopen. I am stressed why they have updated status to this? Does that mean my green card is denied and cancelled my Asylum status? Do you think USCIS service center has jurisdiction to reconsider my asylum case? I have tons of questions going on in my head and I am super confused. I am awaiting the notice they sent me, I will post it here. But any idea from you Justin would be highly appreciated.
Thank you
Kerry
Why are you in such a rush ?
Just curious, do you know that you can only file for I-485 1 year after granted asylee status ?
If you do, may I ask why ?
I do not understand when you filed for the GC. If it was less than 1 year after asylum was granted, then you would not have been eligible and USCIS should have denied the case. This would not effect your asylum status and you could apply for the GC again once you had enough time. If you waited 2 years after asylum was granted, you should have been eligible for the GC (unless you spent a lot of time outside the US during those 2 years or you committed a crime). Even if the GC is denied for some other reason, that does not cause you to lose your asylum status. If USCIS suspects fraud in the asylum case, they can reopen the asylum case, but that is rare, and I think you will have to wait and see what they do. Many GC cases filed by asylees take 2+ years to get a decision, and so if you are within that time frame (and you filed timely for asylum), maybe they will just approved the GC. Take care, Jason
Kerry,
My 2 cents is that they are referring to the decision to accept your I485 application which as you said was filed 6 months before you were eligible. The only thing you may loose is the time it took for them to realize and reject the application, again, my 2 cents.
Keep us posted and hey, “worry is the pain before the wound”. I learned the saying here and always say it to myself when my anxiety starts to peak. Wait for the notice, keep us posted if you can, and good luck.
Hi Tina:
I hope you’re doing well.
Did you get any updates of your GC I485 adjudication???
Appreciate your comments.
Hi Jason,
Just curious, do most of your clients do asylum interview or removal hearing in their native language or in English ?
Probably most of my clients speak fluent English and do the cases in English. Take care, Jason
Thanks 🙂 .
Hello Jason,
It’s been a year since I interviewed and my decision is still pending. Senator and myself reached out couple times but the ZSF office always reply that’s still pending. Do you think changing address to the ZLA office might push the case and issue a decision or it will delay the decision?
Thank you,
I think it will have no effect – San Fran will make the decision, but if you move, and another interview is needed for some reason, that would be at the new office. You could file a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
How long does it take to get green card interview right now through my green holder spouse in Cali
Different types of GCs take different times. You can check processing times at http://www.uscis.gov. Usually, the interview occurs near the end of the processing time. In other words, after the interview, most people get the GC pretty quickly, and so the processing time and the wait for the interview are about the same length of time for most people. Take care, Jason
Marriage green card
For marriage to a US citizen, we see most of those cases take about a year, but it could vary by location in the US and by many other factors. Take care, Jason
Hi Jason,
I hope you are doing well. I’m granted asylum and my sister pending asylum. We entered by mistake into Canadian border and they let us go back to US but Canadian border officer took our ID and gave us after 15 minutes. On the way back US border officer took our ID and made us wait about 30 minutes and let us come back to US. I’m just wondering that this situation will effect on my green card process and my sister asylum case process.
Thank you
Asylum. M
I think it will need to be explained, but in the end, I do not think it will block anyone from a GC or asylum. We have had clients with this issue, and they were processed normally. They did need to explain about what happened though. If you are not sure, you may also want to have an attorney look into the specifics of what documents you received, just in case there is an issue in those. Take care, Jason
Hi Jason,
Is there any health issues or diseases to prevent an asylee form applying for green card or adjustment of status in the US?
Thank you
I do not think so, but if the person does not have certain vaccinations, I believe the GC can be denied (this is the purpose of getting the medical exam). Also, if you have certain diseases, I believe you need to show you are receiving treatment. It is possible to get a religious exemption to the vaccines requirement, though I have not done that for a client. Take care, Jason
Thank you so much.
I really appreciate it
Hi Jason,
I am just wondering how do you usually participate in clients’ removal hearings if they are not in Washington D.C. or Virginia or even east coast ? Do you travel or join online ?
I am just trying to prepare to save money if I want to have out of state counsel represent me. So I can afford to pay their travel expenses if needed.
Thanks
Either virtually by Webex or I travel, and of course, travel is more expensive for the client. Take care, Jason
Okay, thanks !
Jason,
It’s been about 4 months since we applied a social security card to my derivatives wife and children, but nothing happened. We tried visiting in person the administration office but, no solution. Do you know other means that we can make the card processed?
Thanks
Sambod
I do not know – if they have work permits, they should be able to get SS cards as well, and that is usually fast. It should be possible to visit the local SS office to inquire about this. Also, when you fill the I-765 form for the work permit, it allows you to request an SS card. If you did that and the form was received, you should get the work permit and the SS card. Usually, the initial work permit is pretty fast – maybe 1 or 2 months, but it could be longer. Take care, Jason
Warm greeting Mr Jason
I m U.S. citizens through asylum and my 11 years old son is green card holder. Can I apply U.S. passport for him or I should file first n 600 for him?
Highly appreciated
Under the Child Status Protection Act, he should be eligible for an N-600. I think you can also apply for a US passport for him, but I have not done that for a client and so I am not sure about that. I expect the passport instructions on the US State Department website might explain this, or you can ask a lawyer to look into it to be sure. It would be cheaper and faster if he can get the passport, and so it is worth checking. Take care, Jason