If you have engaged in criminal conduct in the U.S. or overseas, it could affect your eligibility for asylum in the United States. But how do you know what type of criminality impacts an asylum application? The short answer is that it can be very difficult to determine the effect of a given criminal conviction. Also, even where there is no conviction, in some cases, a person’s eligibility for asylum can be compromised. Indeed, the intersection of criminal and immigration law is a confusing and complicated area, and there exists a whole legal field–known by the portmanteau “crimmigration”–devoted to its study.
It is of course impossible to cover an entire legal field in one blog post, and so here, we will discuss only the basics. But hopefully this will provide enough information to help you determine whether your asylum application is in jeopardy, and whether you need to seek more specific advice from a lawyer.
We’ll start with the law. A person may be barred from asylum for the following criminal conduct:
- Ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion
- Were convicted of a “particularly serious crime” such that you are a danger to the United States
- Committed a “serious nonpolitical crime” outside the United States
- Pose a danger to the security of the United States
- Activities related to terrorism
As you can see, not all of these bars require a criminal conviction. Further, some of this “criminal” activity may be perfectly legal in the home country. Let’s go through these categories one at a time.
Persecutor Bar: If you have persecuted or harmed anyone on account of their race, religion, nationality, membership in a particular social group or political opinion, you could be barred from asylum. This behavior may not have been criminal in your home country. For example, you could be barred if you served as a prison guard or police officer in a country known for abusing human rights, or if you allowed your female child to be circumcised, or if you served in a military or guerrilla unit that committed abuses.
Particularly Serious Crime: The asylum law states that a conviction in the U.S. for an “aggravated felony” constitutes a particularly serious crime. The Immigration and Nationality Act provides a long list of aggravated felonies, and you have to compare your conviction with the crimes on the list. These include serious crimes such as murder, rape, and certain drug and theft offenses, but also lesser crimes, such as gambling offenses and failure to appear in court. In addition, crimes that are not aggravated felonies may also be considered “particularly serious.” In making this determination, adjudicators examine “the nature of the conviction, the circumstances and underlying facts of the conviction, the type of sentence imposed, and, most importantly, whether the type and circumstances of the crime indicate that the respondent is a danger to the community.” These standards are broad and relatively vague, and individual adjudicators can decide whether a certain crime is “particularly serious” for purposes of the asylum law.
Serious Nonpolitical Crime: If there are “serious reasons for believing that the alien has committed a serious nonpolitical crime outside the United States,” the person may be barred from asylum. In other words, even if you have not been arrested or convicted, you can be barred from asylum if the U.S. government believes you committed a serious nonpolitical crime overseas. Some crimes–such as participating in a violent political demonstration–are arguably more political than criminal, but the immigration law tends to view such cases as triggering the asylum bar, and so you need to be careful. Also, even crimes that do not seem very serious (at least to me) may be viewed as serious for purposes of the bar, such as throwing rocks at a protest or engaging in financial fraud. Finally, remember that a conviction is not needed here. If there are “serious reasons for believing” that you committed a crime, you could be barred from asylum.
Danger to the Security of the United States: A person can be barred from asylum if there are “reasonable grounds for regarding the alien as a danger to the security of the United States.” “Security” includes “defense, foreign relations, or economic interests,” and so if the U.S. government believes that your presence here will negatively impact our country’s security (as broadly and vaguely defined), you can be barred from asylum, even if you have never been arrested or convicted.
Terrorism Bars: The terrorism-related bars are quite broad. Anyone who has engaged in terrorist activity or who is likely to engage in terrorist activity is barred. This includes people who provided material support to terrorists. Also barred is anyone who incited terrorist activity, who is a member or representative of a terrorist organization, or who has persuaded others to support terrorists. In addition, anyone who has received military-type training from or a terrorist organization is barred. Finally, the spouse or child of an individual covered by these terrorism-related bars may also be barred by virtue of the relationship.
Aside from these legal bars, a person can also be denied asylum as a matter of discretion. Where a person is legally qualified for asylum, the adjudicator must evaluate the person’s good and bad characteristics (what lawyers call the positive and negative equities). If the bad outweighs the good, the adjudicator can deny asylum as a matter of discretion. This means that even if you are not barred from asylum due to a criminal issue, that issue could still result in a discretionary denial.
Where does all this leave us? It seems to me that anyone who has been arrested or convicted of a crime in the U.S. or abroad should talk to a lawyer about possible asylum bars. Also, if you have engaged in any conduct–whether voluntarily or against your will–that might be viewed as persecuting others or involvement with terrorists, you should talk to a lawyer. This includes people who have paid a ransom to terrorists or who paid money at a terrorist-controlled checkpoint. In short, all of these scenarios are potential bars to asylum and it is important to have assistance from someone who can provide legal guidance.
Finally, if you are not eligible for asylum due to your criminal history, you still may be eligible for other, lesser forms of humanitarian relief, such as Withholding of Removal and protection under the United Nations Convention Against Torture (though certain, more limited bars may apply to those forms of relief as well).
It is always helpful to have a competent attorney to assist with an asylum case. But there are certain times when a lawyer is particularly necessary. Dealing with criminal, national security, and terrorism issues is one of those times. And so if you have concerns that any of these bars might apply to you, talk to a lawyer and get the help you need to navigate this difficult legal minefield.
Hello Jason,
I asylum case pending with asylum office. I recently filed for green card through marriage with us citizen. when i was student , my family sent money for my tuition and living expenses through a currency exchange in my home country. After almost a year fbi withdrew that amount of money from my bank account and sent me notice of administrative asset forfeiture. They claimed the money was deposited from a company account which i have never heard its name or had any contact with them. after followed up , i was told that company did fraud activity in health insurance and that money was not belong to me. later i was found that there are hundred other people which lost their money because of that company illegal activity. my concern is that this cause problem in my immigration path. i did not reveal this incident in my green card application because i was actually victim and i was told that there is nothing against you or bank account. I am worried because i did nothing wrong in my whole life. Do you think this will cause issue during my adjustment of status or asylum process? I am worrying about the future of my husband and my kid.
I do not think this will have any effect. Unless you are convicted of a crime, there should be no problem. If asked at the interview, or if you think there is a question on the forms asking about this type of issue (I think there is not, but there are a lot of questions and I am not sure), you should make sure to tell them. If they think you are trying to hide something, it can cause problems. Here, though, I do not see how this would be a problem for you, but if you are worried, you could have a lawyer look more closely at what happened to see whether there is anything else you need to do. Take care, Jason
My asylum was approved almost a year ago but USCIS never sent me the new EAD with asylee code.I still use the one with code C08.Now the EAD with code C08 is about to expire. I m in the process of renew, am I going to pay application fees or not?.Is it going to be the initial EAD with new status?or since I m applying GC also I can include EAD since it doesn’t increase GC fees.
You cannot renew – you have to file for a new EAD based on category a-5 (asylum granted). The first a-5 EAD is free. However, since this is not a renewal, you do not qualify for the 540-day automatic extension. On the other hand, asylees 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). Take care, Jason
get a lawyer…
Hello Jason,
Thank you for helping all of us. Do you know if the Short Notice List is still in place at the Arlington asylum office? If so, how long does it take for your clients to get the interview after they added their names to the list?
As far as I know, there is no more short list in Arlington. You can double check by emailing them – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
What’s the state of immigration/asylum/border at the moment ?
Any new development ? is the situation now better? worse? about the same ? compared to the start of the year
Please advise.
In terms of numbers, it is busier than ever – the most recent quarter was about 1/3 busier than the same period in FY2022. I plan to post something about this and President Biden’s new policy for the border tomorrow. Take care, Jason
Sounds good, thanks
Dear Jason, thank you for posting this wonderful blog. I have a question: If I filed my asylum application with the Immigration Court, does my asylum clock for EAD start at the time of filing, not the date when I get a receipt? Thank you. My lawyer says it has been 188 days and we can file, but I look at the receipt and it says it is less than 150 days now/
The receipt is received separately from USCIS and has basically nothing to do with the clock. You can check the number of days on the clock by calling 800-898-7180, enter your Alien number when prompted, and then press 2 to learn the number of days on the clock. Take care, Jason
Hi Jason,
I lost my green card. It’s almost time to apply for naturalization. Do I have to request for replacement of the green card before applying for citizenship?
Did any of your clients experienced this?
How long is the average wait time for Greencard replacement?
Hi- Jason will respond soon.
You’re required to submit your GC when you are applying for naturalization (or take it with you to the n-400 interview) and when you are going to the oath ceremony. You need to apply for the replacement ASAP! I know that USCIS, effective September 26, 2022, is now extending the validity of the GC to 24 months. However, USCIS requires the expired GC to do so. I am not sure if this applies to I-90 applicants who are not able to present an expired/expiring GC. USCIS also says, “If you no longer have your Green Card and you need evidence of your lawful permanent resident status while waiting to receive your replacement Green Card, you may request an appointment at a USCIS Field Office by contacting the USCIS Contact Center, and we may issue you an Alien Documentation, Identification, and Telecommunications (ADIT) stamp after you file Form I-90.”
Still, you may be able submit the N-400 application without the GC. However, you need a cover letter, with a copy of the GC (front and back), explaining why you were not able to submit the GC (I’d recommend, though, that you start the I-90 application now). Bear in mind that, according to USCIS, “a lawful permanent resident must have valid, unexpired proof of lawful permanent residence in their possession at all times. Applying for naturalization does not change this requirement.”
I have not dealt with this before. I am not sure whether you need the original GC to naturalize – I doubt it. You might try getting other evidence of your status. For example, you can get an I-551 stamp in your passport (which indicates that you are a resident) if you can make an appointment with USCIS. This is not always easy, but you can call 800-375-5283 and try to get an Info Pass appointment. Otherwise, maybe you want to check with a lawyer to see whether they can research this question, as I am not sure. Take care, Jason
Jason, according to the N-400 Instructions for Application for Naturalization document, the applicant must, “Provide a photocopy of the front and back of your Form I-551 (Permanent Resident Card). USCIS must be able to read the information on the photocopy. If you have lost your Form I-551, attach a photocopy of any other entry document or a photocopy of a receipt showing that you have filed Form I-90, Application to Replace Permanent Resident Card.” I interpret this as the applicant is required to submit a photocopy of the GC (front and back)- or entry document/Form I-90 if GC was lost/stolen- with his/her N-400 application. This is the initial stage of the N-400 process.
Also, on page 10 of the document, it lists the permanent resident card as one of the documents that (should be brought) to the N-400 interview. As a side note, the applicant must also bring valid and expired passports/travel documents (original). I interpret this part as the applicant is required to bring the GC to the interview. The second part of the process.
As well, you need to surrender the GC at your oath ceremony. The third part of the process (we are assuming a “normal” process).
There are so many steps in the naturalization process that require you to present your GC. As such, if this person intends to apply for naturalization soon, his/her best course of action, in my opinion, is to report the GC lost/stolen and apply for the replacement ASAP. The sooner, the better.
Thank you – you may be right about getting a new GC. I do not know if it is possible to get through the process without the actual card, but it sounds like at a minimum, the person needs a copy of the card, front and back. Maybe there is a way to avoid presenting the actual GC, but I have never done that and am not sure. Take care, Jason
Hi Jason hope you doing well, I have sent my i485 application and uscis returned it to me saying on the green paper that my form is not updated version which it was and I have seen it expires on 2025, and my fee is incorrect also which I had requested fee waiver because of financial matters.
What do I need to do?
Thank you.
If the form is the correct version, I guess you can re-send it, maybe with a note stating that it was improperly rejected and a copy of the rejection notice. For the fee waiver, you need to review why that was rejected and see whether you qualify for a fee waiver, and whether you need more evidence about that. If you do not qualify, you would need to pay the fee. Otherwise, you can send the waiver request and supporting evidence. Take care, Jason
Hi sulli,did you file your application based on the new guidance or you were granted asylum over a year ago?
Hi my friend I have been granted asylum in December 13 2022. They have returned my application for the reasons that were not valid.
Hi Jason, thanks for all that you do to the asylum community.
There is a growing number of asylum applicants who have pending cases some going back to 2015 and are still waiting for interviews. These applicants have actually gone back to school and graduated and are qualified for employment based green cards. Others had already graduated by the time they filed for asylum. I know several have asked you here about it and I know you have blogged about it in the past but the situation on the ground is very different. For those with pending asylum cases to be able to adjust their status through employment; they are required to have filed their asylum cases on time (before one year has elapsed) and maintained their status after they filed all the way till they filed for the AOS through employment.
It has not been easy for many of them who were F1s. They have been unable to maintain their status and hence once they are called for the interview, some are denied because “pending asylum is not a lawful status”. However the Board of Immigration Appeal in Matter of Orban (1993) ruled that: those who filed affirmative I-589 while in status and later fell out of status are eligible for AOS, because their failure to maintain status is a TECHNICAL failure that may be excused.
USCIS knows this but they have been ignoring it and denying some of these cases. It is interesting that some of these applicants have showed up for interviews accompanied by their attorneys and the officer informs them that they have been briefed about the Matter of Orban and the cases were approved. Other officers have ignored this ruling and denied the cases and this has forced most of these applicants to seek Consular processing whose approval rate is around 95% for these cases but its risky and expensive.
My question is: Is USCIS bound by this ruling? Can we lobby through organizations like ASAP to have them honor this ruling? One would think that they should approve these cases since some of these applicants have been waiting for over 7 years.
Most immigration employment attorneys that we have worked with all are frustrated by the failure of the USCIS of ignoring this landmark ruling.
I know you don’t do employment immigration cases, but, what would you advice? Thanks
I think USCIS does abide by this ruling (and INA 245(k)) when it concludes that all the requirements are met. However, my impression is that in some cases, the USCIS officer does not know the law and needs to be educated by the applicant or lawyer. I think a well-prepared legal brief can be very helpful in this situation, and if the case is denied, the applicant can appeal (hopefully to a more well-informed authority). I do think some advocacy on this point would be helpful – perhaps if USCIS issued a policy memo clarifying the situation, that would help (though the policy memo recently released related to applying for a GC raised almost as many questions as it resolved). I do not know of any groups advocating for such a memo, but it does seem to me that a Congressperson could help here. If one was interested, their office could inquire with USCIS and try to get USCIS to clarify the rules. Take care, Jason
Thanks you Jason
Hi Jason,
My appeal lost in the circuit of appeal…what should I do next ?
There may be options, such as requesting a stay of deportation from ICE or maybe trying to reopen the case based on new evidence, but these are very case specific. You should talk to a lawyer about what you can do. But be careful, for most everyone, a denial at the federal circuit court is the end of the road, so if someone tells you something that seems to good to be true, be careful. Take care, Jason
Good Morning Mr Jason,
Thank you so much for all your support to asylum community. I have been following you since 2016 and I really appreciate you.
Please, I was granted last April by IJ and filed a petition for my wife in May 2022, USCIS approved it in July 2022 and sent the application in December 2022 to NVC.
I didn’t receive any letter so far from NVC but I was carefully followed NVC time frames online and find out my process time was passed.
So I asked my lawyer to inquire about it, he did by email, the number for visa petition and invoice ID( petitioner and beneficiary) were provided by NVC.
Now checking the status online it said “in transit to consulate ”
1- For experience Mr Jason, why NVC didn’t send us a welcome letter? Why NVC didn’t create my case?
2- How long it takes status ” in transit ” changes to ” Ready ”
Thank you so much in advance and have a blessed day
1 – We have seen the NVC take several months to send the case to the consulate, and then the consulate informs the family. I do not recall that we have received a welcome letter from the NVC – though we have maybe received instructions from them about what documents are needed by the consulate (though that may also have been in the email from the consulate itself; I do not remember). 2 – I think it varies by embassy, and for us, we have seen months long delays at some embassies. Take care, Jason
Hi APRIL,
Hope you well, I am surprised that your application went fast, where did you send it and did you work with lawyer to feel your I 730 , which documents did you aid like supporting documents to speed up the process.
Thank
Hello Jason,
One of my relatives was taking someone’s luggage internationally (as per him) but it contained 8 parts of fireamrs like magazine etc. He has GC thru asylum.
He went in low security federal correction facility for 39 months for doing this. My question are:
1. Would his GC be revoked? If so
2. He will be deported right from prison to airport once he completes his time or he will be out and be able to explain it in from of immigration court.
3. He has 10 years GC, does uscis already know he committed a serious crime or they will once he files for citizenship or renewal.
TIA
1 – Maybe. It depends on the conviction and I strongly recommend that he talk to an immigration lawyer about this. 2 – He could be, but he could also make a defense to being deported and an Immigration Judge would need to decide. 3 – They likely know, and it would be a good idea to talk to a lawyer soon to start preparing his defense to deportation. Take care, Jason
Thank you for the response, i will provide him this information.
Hi Jason,
I will have my individual hearing soon, about 4 years ago i was packaging and handling packages which i applied online for this job thru one of my friend and i was receiving packages and put labels and sometimes change boxes and drop them to ups one day morning police from DHS came in to my house and search every where and told me some if those were part of guns that i was not aware of that finally after that i had received few and i accompany with them and since that time i have never heard back from them, do you think it will come out into my background check and court as well?, please advice me.
If there is no conviction for a crime and no arrest, I do not see how this would be relevant to the asylum case. If you were arrested or convicted, you need to mention that on the I-589 asylum form for your case (and probably any other form you are filing for your case) and provide evidence about the incident. Depending on the conviction (or arrest), it could affect your eligibility for asylum. But here, it sounds like there is no such problem. In any event, if you have a lawyer, you should tell the lawyer about this issue, so if anything needs to be done, the lawyer can take care of it. Take care, Jason
Thank you so much Jason, i filed I-589 on 2016 and that happened 2019.
Hi, my family and I are filing for green card asylum based. I m wondering applying request for fees waiver.
1.Can this slow down the process compared to if I had to pay the application fees.
2. It’s been 8 months since granted asylum, is it safe to apply now in regard of the new policy on GC.I wonder if all uscis immigration officers are even aware of it,or I should also include the webepage talking about the policy
1 – I imagine it might slow down the process a but, but I have never seen any data on that. Given the long wait times for GC, my guess is that any additional delay would be minimal. 2 – There is no harm in including the web page about the new policy with your application. My guess is that you are probably safe to apply now – I wrote more about this policy on February 8, 2023, where I discuss the potential risks. Take care, Jason
Hello Jason
I have a question for you. I’m on the way to apply for green card (I485) based on asylee status. There is a question on the form “Have you ever been denied visa to the United States?” I applied B1/B2 visitor visa when I was back home twice. For the first one denied and for the second visitor visa application approved. How I answer the question? Do I need to give written explanation?
Thank you
It sounds like you were denied a visa, so you should say “yes” (and they likely already know this, so you cannot hide it). You can then provide an explanation on the pages at the end of the I-485 or on the cover letter. I do not see why this would be a problem for the application, unless maybe you were denied for a criminal reason or for lying on the visa (which highly doubt, since you were later granted a visa). Take care, Jason
Hi Jason,
I came to US in march 2022 through border and going to ICE bearings. I was given A# but I haven’t filed for asylum and not in court system. My question is should i file asylum in AO or court? I’m working on my declaration and i want to file asylum before one year deadline. I spoke to few attorneys and they told me that since you’re not in court system and we can file the case with USCIS just for the sake of filling.
Also, can you take my case? I’m based in Los Angeles California.
I think you definitely should file before the one-year anniversary of your arrival. Otherwise, asylum can be denied as filed late. In this situation – where you have an A number but are not in the court system – we file affirmatively, as you have to get the case filed. Ultimately, it might be rejected by USCIS, but at least you will be protected in terms of the one-year filing requirement. We can do a case in CA; that is no problem. If you wanted, you can email me at jdzubow@dzubowlaw.com. Take care, Jason
Hi Jason,
Is an IO allowed to forgive a not timely filed application? Six years.
Or only an IJ can do that?
The asylum office can evaluate whether there is an exception to the one-year asylum filing rule, and if there is, they can grant asylum. That is pretty common. Take care, Jason
Hello Jason,
My wife came in the US with B2 visa and more than two months decided to attend in language school to improve her english. So, she submitted application to change of status to F1 and uscis approved her application. Then something came up to his life and applied for asylum after eleven months( before one year deadline). She has not interviewed yet. She applied for adjustment of status through marriage with U.S. citizen. Do you think the immigration officer might her for misinterpretation during the green card process? She has attended school all the time that she has been here
I do not see why any of this would be a problem. USCIS may ask about it, but it sounds like there is a good explanation and so she should be fine. Take care, Jason
Hello Jason and the community!
Jason, do you know when USCIS officers are going to interview the cases stuck in limbo? I’ve applied in October 2015, still waiting for an interview.
I have no idea. They keep hiring new officers and they are supposedly devoting some resources to the oldest cases, but so far, we have not seen much progress. You can try to expedite the case – I wrote about that on March 23, 2022. Maybe that would work. Take care, Jason
Hi Jason,
Quick question – my wife is a derivative asylee since 2019. She applied adjustment of status I -485 in 2020 which is 3 years ago and has not received her green card yet. Last September USCIS asked medical exam report (RFE) which she submitted it right away and USCIs acknowledged they received the RFE. We were expecting the green card however they transferred the case twice. First from Texas Service center to Nebraska and then to National Benefits Center. Do they typically do this from your experience? Are they planning to interview her as I heard when cases are transferred to NBC they interview? What should we do to expedite the green card? I received my green card 2 years ago with no issues except a delay (it took 2.5 years).
Thanks for your response
In most cases I see, once USCIS asks for the medical exam and you submit it, they issue the GC pretty quickly, and so I am not sure why there is a delay. In many cases, asylee derivatives are interviewed, so that may be the case here and USCIS will schedule that. You can contact USCIS at 800-375-5283 and try to ask them and/or make an inquiry through USCIS Help (a link is under Resources) and maybe get some idea. If those things do not work, you can inquire through the USCIS Ombudsman (there is also a link under Resources), as they sometimes help with delayed cases. Take care, Jason
Dear ones,
In May 2021, I applied for adjustment of status. My online status has now changed to “Case is ready for an interview.” I was not expecting an interview for an asylum-based green card application, but this is what some of us are experiencing. Has anyone else been in a situation like this? My only concern is how long it will take to receive an interview call following this update. I believe my local office will handle the interview, but I am concerned about processing time because NBC has been processing my case for nearly two years, and there are different processing times for service centers and local offices. What should I expect? An interview soon, or it will be caught up in local office processing time once more.
Thank you!
Most I-485 cases for asylees take between 2 and 2.5 years, but some go faster. Also, some people get interviews and others do not, and so you will just have to wait to see whether USCIS wants to interview you. Take care, Jason
Hi Jason,
Our communication has been ongoing since 2017. Asylum affirmative application was filed in March 2017 with family presence. We have not yet received a date for our first interview. Each day, we check the status of our case online without updating anything except to let you know when it is scheduled.
I worry that my first daughter, who is now 13 and my son, who is 11, will not be out of status while the process is delaying. I don’t want to request for the earliest interview, but I don’t want to wait the longest either.
Thanks
Shaheen Bhuiyan
If your children are dependents on the case, they will remain dependents until the case is completed. If you wanted to try to expedite, you can (I wrote about that on March 23, 2022), but otherwise, you can just wait to see when they schedule the interview. Take care, Jason
Hi Jason,
Hope you are well, I am a pending asylum applicant since 2016 and would like to know (base on the data in recent months):
1. How long it takes after the interview to get the result
2. In case i will be denied and be sent to the court, what is the wait time to be scheduled there?
3. While waiting for court hearing, am I still eligible to work on my EAD card and renew it?
Thank you so much!
1 – There is no time frame for this. Some cases get a decision in 2 weeks, but most take much longer. For our clients, it is rare to get a decision less than 6 months after the interview, but most of our clients are from majority Muslim countries and those cases tend to take longer than people from other countries. 2 – It depends on where you are in the US and on the specific judge. Most cases in my local area (VA and MD) probably take about a year or 1.5 years to complete. 3 – Yes, you can renew as before. Take care, Jason
Dear Jason
I applied for green card based on asylum 16 months a go, today the below status changed on my application!!!
Do asylee get interview? Im from Afghanistan I received my travel documents 5 month a go!! Why there is a need for interview? What kind of questions they would ask!
What kind of questions they would ask? Im so concerned now? Case is Ready to Be Scheduled for An Interview
Please leave me ur thoughts!!!!
Below is the status!!!
As of February 16, 2023, we are ready to schedule your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number MSC********** for an interview. We will schedule your interview and send you a notice. Please follow any instructions in the notice. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
Some asylees have interviews and others do not. I do not think it is anything to be concerned about (also, I am not sure this message necessarily means that you will even have an interview). I do think you should review your asylum case before the interview and also review the I-485 form. At the interview, they generally do not ask about the asylum case, but they could. They also go over the questions on the I-485 form, including the yes or no questions. I did a blog post on November 13, 2017 that touches on this issue if you are interested. Take care, Jason
Thank you so much Jason
It explicitly says we are going to schedule your interview? How comes you says its not necessarily and interviews notice?
I think it is a standard response and is not necessarily specific to your case. While I think they certainly could schedule an interview, it would not be surprising if they did not give you an interview either. The only way to know is to wait and see. Take care, Jason
Thank you Jason
I just spoke with USCISA OVER the phone the representative said that, they put me on interview pool and i should receive an interview notice very soon!
That is good – in most (but not all) cases, once you get the interview, you get a decision soon after. Take care, Jason
Hi,
I’m going to apply for a green card based on Asylum (granted on Apr-6-2022) next 2 weeks based on the new USCIS Clarifies Physical Presence Guidance for Asylees and Refugees Applying for Adjustment of Status.
I have my daughter US Citizen ( 8 Years old) and she has a medical issue. We used to send a letter to the Asylum Office and Immigration court to expedite the interview and both were granted. Is that applicable to Form I-485 too? Do you think that will expedite the processing time?
Thanks
You can try to expedite on this basis – there is no harm in asking. Whether it will work or not, I do not know. Take care, Jason
Hi Jason,
How can I add a birth of a new child in my case and update it in asylum office.
Thanks
Sam
If the child is a US citizen, you do not need to do anything. Once the interview is scheduled, and you are submitting updated evidence, you can submit a copy of the birth certificate. We also update the I-589 at that time (I wrote about how to do that on June 6, 2022), including any updates related to children. Take care, Jason
Jason,
I have a quick question, I initially filled my asylum application as single and I got married in December, last month I added my wife to my initial application as the asylum asked me to do so. My question is are they going to send to my wife a notice of receipt? Should she be scheduled for biometric fingerprints? And last could she apply for ead? Since my application has been pending for more than a year.
Thank you for your help Jason!
It can be tricky to add a spouse to an existing case, and USCIS often messes up that process. However, once a person is successfully added, they get a biometric notice. As I remember, they do not get a receipt, but the biometric notice is good enough. Once biometrics are done, she can apply immediately for an EAD, since you (the principal) are already eligible for an EAD. Take care, Jason
Hello Jason,
I had asylum-based green card interview at a field office last last week. The officer said everything is good about my case, after one hour discussion.
1- Do you know how long does it take for the final decision to be made after the interview?
2- If everything went well, should the field office send me the approval notice first or they just send me the green card itself?
Thanks for your time!
Hi Mahan
When did you submit your application for GC and which office if you don’t mind? Could you please share your timeline since submission if you don’t mind. Thanks
1 – It is completely unpredictable, but probably in most cases, you get a decision in a month or two (but certainly, some cases take a lot longer). 2 – They usually send an approval notice and the GC at about the same time. Take care, Jason
Mahan, do you mind sharing some details (if comfortable) about the location of the interview, some questions they asked etc.? I am waiting for my GC approval and my case is ready to be scheduled for the interview and I am not sure what to expect. Thank you!
If you have a GC interview (not everyone does), they generally do not ask about the asylum case, but they could – so it is worth reviewing the case beforehand. They do go over the form and all the yes or no questions. I did a blog post on November 13, 2017 that touches on this issue if you are interested. Take care, Jason
Hi Jason
1. I sent my greencard application via marriage in November 2022. would you have an idea how much time they are taking to call for an interview? I am in MA. Or any blogger here who has had a recent experience could you please share how long it took you please.
2. I got a letter that said they approved my AP, here is what it says “On January 10, 2023, we produced your Advance Parole Document for your Form I-131, Application for Travel Document….” My question is, i have not received the document yet. it is just a letter i got and it clearly said wait for the official document. Does this usually happen? How long do they take to issue the TD after sending the letter?
1 – We have seen a lot of variability in such cases. Anywhere from 6 months to 2+ years. I think most marriage-based GC cases we see take about 1 or 1.5 years, but we are in DC, so it may be a different average wait time than MA. 2 – I would expect it soon – normally, you should have it a few weeks after the approval, so hopefully it will arrive soon. If not, you can make an inquiry with USCIS (there is a link under Resources called USCIS Help) or call them at 800-375-5283. Take care, Jason
Another option that USCIS can use against an asylum seeker: put on infinite hold. This described in the USCIS CARRP program. So an asylum seeker will never get a decision. USCIS could use this option when a person is qualified for asylum, but USCIS doesn’t want to grant asylum. For example, a person could be a famous activist, journalist, politician, etc. and exposed corruption against foreign officials that have relationship with top US government officials, or US government sponsored this corrupt foreign officials. So, if USCIS approved asylum that confirms that US sponsored officials who persecuted a public figure for political opinion. In this case – you should take steps to transfer your case from USCIS to EOIR. IJ’s don’t have an option to hold their decision forever. Technically, DHS can hold a “background check” for some time, but it’s harder to do compared to when USCIS masking their hold on “background checks”.
It is very difficult to know why a particular case is taking forever at the Asylum Office. I once asked the Director of the Asylum Division about it, and the best answer I got was that background checks are different in Court vs. the Asylum Office. That makes little sense, but I agree that some cases at USCIS end up on eternal hold, but we almost never see that in Court. Take care, Jason
Hi Jason,
i had my individual hearing on last December but my background check was not ready and also judge wanted another supplemental document, so he gave us another day which is this March, my question is if my background check still not ready what is going to be happen and how much usually takes time for background check gets cleared, thank you so much.
In most cases, as long as you have done your biometrics appointment, the background check gets done on time for the hearing, so hopefully, this was just a one-time issue. If there is still a problem with the background check, your lawyer or you can ask the DHS lawyer what is going on and when they expect the check to be done. I am not sure they will have an answer for you, but you might ask (politely, of course). Take care, Jason
The “ransom bar” (“material “support” to terrorists”) and the “discretionary denial” are two things in the asylum world that continue to baffle me. How do you punish an asylum seeker because s/he paid money to his/her oppressor/persecutor to avoid being persecuted/held hostage? How does this make sense?! And this discretionary denial is ridiculous. If the applicant meets the definition of a refugee and s/he is otherwise qualified, the adjudicator should not be allowed to deny the asylum application- just because… At the end of the day, the powers that be can decide what they want to do with refugees and asylum seekers, I guess.
The material support bar can be a complete horror, especially for people who were forced to give support against their will. I get the discretionary piece, and there is a more formal analysis for when that applies (in my experience, it is very uncommon). The other bars that I hate are the one-year bar (punishing people for not knowing the law in a country that is not their own) and the firm resettlement bar (which can block people even if they cannot return to the country that “resettled” them). Very little of this stuff makes good sense. Take care, Jason
Jason, you are right about the one-year and firm resettlement bars! Those drive me up the wall too!