This Pride Month feels different than in years past. After decades where it felt like the moral arc of the universe was bending towards Justice and tolerance, gay and trans rights–and gay and trans people–are under assault by right-leaning politicians, media personalities, and members of the community. Hard-won progress now seems under threat. Republicans are using a time-tested strategy of falsely imputing power to a vulnerable community (for example, the power to “groom” children) and then attacking that community based on the false narrative. It reminds me very much of blood libels, where Jews were falsely accused of murdering Christian children, and this became an excuse for violence against the Jewish community.
But while sexual minorities are under threat, particularly at the state and local levels, LGBT asylum cases continue to be approved by the federal Immigration Courts. What explains this discontinuity? And should we feel hopeful for society that LGBT asylum seekers are still being accepted, or fearful that the retrenchment of rights will spread to the asylum system?
To answer these questions, we first need to know about the success rate for LGBT asylum cases. But here, we are at a disadvantage because we lack data. The government does not separately track asylum for sexual minorities and so there is no easy way to know how such applicants are faring at the Asylum Office or Immigration Court. That said, we do know the state of the law. While the Trump Administration did not directly implement policies targeting LGBT asylum seekers, they did make it more difficult to win asylum for applicants who feared harm from non-state actors. This change was (mostly) motivated by a desire to block victims of domestic violence and gang violence, but it also created challenges for certain LGBT cases, since the persecutors in such cases are often members of the community rather than the home government. Fortunately, this change was never fully implemented (thanks to various court cases), and when President Biden came into office, it was reversed. And so, in short, the law has not changed in a way that disfavors LGBT cases.
A more difficult question is whether the anti-gay hysteria that we see in the news is affecting decision-makers in the asylum system. With no data, we cannot know for sure, but based on my experience and the experience of attorneys I talk to, there is no evidence that anti-LGBT sentiments are making it more difficult to win asylum in the United States. Even if some individual decision-makers are being influenced by anti-LGBT attitudes (and we have no evidence one way or the other), there is no reason to believe that this is a general trend, and as far as I can tell, LGBT asylum cases tend to be quite strong (sadly, this is because country conditions around the world tend to be so bad).
Another question is whether the worsening attitudes towards LGBT people in general will eventually affect asylum eligibility for sexual minorities. In order to win asylum in the United States, an applicant must demonstrate that he faces persecution on account of his race, religion, nationality, political opinion or particular social group. That is the law, and in precedential decisions dating back more than 30 years, “sexual orientation” has been established as a particular social group for purposes of asylum. I doubt this situation will change any time soon, since it would likely require a change in the law–either Congress would have to vote to revise the Immigration and Nationality Act or federal courts would need to reverse 30 years of precedent. So the law related to LGBT asylum seems secure.
On the other hand, the administration in office has significant power to interpret the law. While I do not think a hostile administration could eliminate asylum protection for LGBT applicants, it could make things more difficult by issuing more restrictive regulations or administrative decisions (as the Trump Administration did for victims of domestic violence, for example).
Overall, though, our country’s approach to LGBT asylum seekers gives me hope. Since the early 1990s, we have seen a slow but significant expansion of protections for LGBT asylum seekers and immigrants. When I first opened my own firm in late 2003, for instance, gay marriage generally did not exist and a U.S. citizen could not petition for a same-sex partner. Less than 20 years later, such cases are now routine. In the asylum context, I have found that Immigration Judges and Asylum Officers recognize that LGBT applicants face real danger, and such cases are usually granted. I do not see any realistic likelihood of that changing any time soon.
When societies advance, there is inevitably a backlash, and I think that is what we are seeing now in the area of LGBT rights. But it seems to me that our nation has fundamentally changed, and that the forces of regression underestimate that progress. Of course, nothing is guaranteed and we must keep working to protect our gains and to keep advancing LGBT rights. But every time our country grants asylum to an LGBT applicant, it re-confirms that we are moving in the right direction, and it serves as a tangible reminder of how far we have come.
if someone lose the hearing court and the case is religious based like christianity, will he still eligible to gain same-sex marriage green card?? how many ppl know that there arent clear statements in bible that actually go against homo…there are so many misunderstandings…
I think it depends on the status of the case (whether it is still pending), why the case was denied, and what the person said about their religion in the prior filings. If you think this is a possibility, talk to a lawyer about the specifics and see what can be done. Take care, Jason
Good after noon Mr Jason. My asylum affirmatively filed with uscis is in backlog. But unfortunately before 180 day clock i had to change address bcuz i was kicked out by the owner. So my ead clock is frozen or stopped since 3 years. And seeing the backlog i dont see my interview happening for next 5 years. I need work permit to survive and also i need it to study. A lawyer suggested i withdraw my asylum application and then refile in immigration court. Will this restart my asylum clock when i file i-589 with immigration court when nta comes after withdrawal. And if in removal proceedings can i file i-589 before master hearing or i have to wait till master hearing
I would email the asylum office to ask about this. You can find their email if you follow the link under Resources called Asylum Office Locator. If your move did not cause your case to change to a different asylum office, the clock should not have stopped. Even if that happened, you can explain the hardship and ask them to start the clock. They may not, but it is worth a try. Also, you can try to expedite your case and if you can win, you will get a work permit. I wrote about expediting on March 23, 2022. If all that fails, I guess you can try withdrawing the case, but you should have a lawyer help. One issue if you withdraw is re-filing so that you do not create a problem with the one-year asylum bar. I wrote about that on January 18, 2018, but I would talk to a lawyer to help manage this. If the case is referred to court, you can file the new asylum application immediately, and hopefully that will start a new clock (from zero), but I would try to fix the problem first at the asylum office before trying to get to court. Take care, Jason
If there is a new threat of persecution after withdrawal of case from asylum office. Can asylum be filed with immigration court based on new threat. Can this overcome year deadline im im in this situation where i withdraw to go to uk then plans changed and im in removal proceedings now fie to withdrawal. And next threat exist will this nee grounds allow to create an exception to one year deadline bar thanks
A new threat can be “changed circumstances” that excuse the one-year bar, but you have to file within a “reasonable time” of the change. Of course, “reasonable time” is not defined, but court cases generally says less than 3 months is probably ok, and 6 months or more is probably too long. If you have such a change, the best thing to do is to file as soon as possible. Take care, Jason
Hello Jazon,
Thank you for your continued support to the asylum community. I am awaiting my Master Hearing, but have recently married to a citizen and filed my I-130.
1. WHEN DO I FILE FOR MY I-485
2. DO I NEED TO FILE FOR THE TERMINATION OF MY CASE
3. THE COURT DATE IS FEBRUARY NEXT YEAR.
4. IF I SHOULD FILE TO TERMINATE, CAN I DO IT BY MYSELF OR MUST IT BE DONE BY A LAWYER?
I AWAIT YOUR RESPONSE PLEASE.
THANK YOY
I wrote generally about this topic on August 6, 2018 and maybe that would help. To answer your questions: 1 – Typically, it is best to file once the case is dismissed, but there are other ways to do that, depending on how the case might go. For example, if DHS and the judge will not agree to dismiss, you would have to process the case in court and then there is a different way to file. Also, sometimes, DHS will force you to file the I-485 before they agree to dismiss. 2 – Again, there are different approaches. The judge can process the whole case, but normally, they will dismiss and send the case to USCIS. I prefer to get the case dismissed, as it removes the danger of a deport order, but different lawyers have different preferences. 3 & 4 – You can try to do that yourself. Contact DHS and ask whether they will agree. There is a link under Resources called DHS Office of the Chief Counsel. If that does not work, probably you would want a lawyer to guide you through the process. Take care, Jason
Hi Jason,
I have a pending asylum case, but I also have received a TPS status, and before that I was already out of status at the time of my asylum application.
Now I am filing online the application for i-765 for c08 category – what should I state under the question “What is your current immigration status or category” – TPS or Pending Asylum?
Thank you!
Naya
I think for that question we normally just put pending asylum, but you should attach evidence of your entry (such as a copy of your passport photo/bio page, US visa, and I-94). Take care, Jason
Thank you Jazon for your continued assistance.
1. Is it wise for me to apply for Administrative Closure rather, since my case is coming up in February 2023, and it’s just for the Master Hearing?
2. If the case is Administratively closed, will my I-485 be processed if submitted since I already have a pending I-130?
I’m looking for the faster option between an application to terminate to the court, and application for Administrative closure to the DHS.
THANK YOU
1 – If you think the case is not strong or the judge is bad, then Admin Closure is a possible solution. You will get to keep your asylum-pending work permit (assuming you have one), but you cannot travel outside the US and return or bring family members to the US. Also, you would ultimately need to dismiss the case to adjust status based on the I-130 (assuming you are eligible – talk to a lawyer to be sure). 2 – It will be processed, but it cannot be adjudicated by USCIS until the court case is dismissed. On June 8, 2022, I wrote about the different types of Prosecutorial Discretion and maybe that would help. Of course, this all depends on what DHS and the judge will agree to, but if you have a pending I-485 and your EAD is valid for a while, dismissal/termination may be the best option. Talk to a lawyer to be sure. Take care, Jason
Hi Jason,
I had my political asylum court date on March 21 2023 in NYC which I was not able to attend. Could you kindly tell me what should I do at this moment for my further process ahead.
If you missed your court date, you would normally be ordered deported (you can check if you follow the link under Resources called EOIR case status and you enter your Alien number), and so you would need to try to reopen the case. The sooner you do that, the better, and so I would talk to a lawyer and/or the immigration court as soon as you possibly can. Take care, Jason
Hello jason. I applied i-589 with uscis after 1 year deadline. In form i-589 question if applying after 1 year it asked to explain why filing late. I answered yes but I didnt explain that question instead i wrote al letter in detail but unfortunately i didnt include that letter in filing. But my i-589 was accepted and receipt came. Now after 150 days im applying work permit. Will not giving reason for filing late in i-589 deny my work permit. Does asylum office issue work permit or texas service center thanks
I do not think that will have any effect, so you should be fine. Once they schedule the interview and you are submitting updated evidence, you can submit the explanation. For the work permit, use form I-765 (category c-8 for asylum pending) and mail it to the address indicated or file online. Take care, Jason
Hello Mr Jason,
I pray that everything is well with you. I am asylee since April 2022, I applied travel document in May 2022 together with teenager son but so weird he got approved by 3 months (in July) but me no, I have tried to expedite 2 times got denied.
Today I got in my mail box my travel document( without approval notice even online my status didn’t change)after 1year so weird unlucky I am they made mistake on gender.
Please how can I make them to correct it. Thank you
It seems that everything with USCIS is a mess. To correct it, I would start by sending a message to USCIS Help (a link is under Resources) or doing a chat with the USCIS virtual assistant (called Emma). You can also call USCIS at 800-375-5283. I think you will need to send the document back to them to correct, but I would try to get some guidance so it does not take forever. Also, if you have a copy of the form I-131 you completed, you can check whether this was your error or their error, and if it was their mistake, you can let them know, which will hopefully make it faster. Take care, Jason
Hi Jason,
Thank you for your work!
If an applicant on pending asylum and another visa application gets cancer and is undergoing chemo, could under the law the visa be expedited? The problem is the cap and that there is another seven-year wait until the visa number is available and the wife is a dependent and will lose status if I die.
The question here is if it’s possible under the law for the actual visa number to be expedited? Do they have the authority to do it?
As far as I know, that is not possible, but you might talk to a lawyer to look into it. Also, there may be other options, including trying to expedite the asylum case. A health problem can be a strong reason to expedite – I wrote about that on March 23, 2022. Good luck, Jason
Expediting the asylum case won’t do anything as it will be denied by the asylum office as it was not timely filed, with seven years dealy. I know that they have internal rules and six months is the max delay they can forgive, what do you think about that? After that they can’t even send it for a court , or even if they do a judge won’t take it as I have a Deferred Action from the other case. So I’m stuck in limbo not able to protect my wife from deportation if I die from the cancer before these seven years to get the vis number.
That is not my experience and you can try to expedite. They often deny such requests, even for people with a good reason, but sometimes, such cases are expedited. Also, you can try a mandamus lawsuit. If you win asylum and file an I-730, that is not subject to the cap and the application can potentially be expedited. Finally, the one year bar is a problem, but it can be overcome, depending on the case – I wrote about that on January 18, 2018, but you would probably want to talk to a lawyer about the specifics of the situation. Take care, Jason
Hi Jason,
I am trying to expedite my case pending for over 6 years.
My uncle has cancer and he might not live that long. Additionally, my mother-in-law, who is over 80 years old, is no longer physically capable of traveling to visit us. I’m wondering if obtaining letters from doctors regarding their conditions could potentially help expedite the process due to these family emergencies. Our intention is to visit them in a third country, which would be more accessible for them to travel to. Thank you again for all your support.
You can try that, but I doubt it would work since (at least in USCIS’s logic), you could get Advance Parole to travel and meet them while your case is pending (assuming you are at the Asylum Office and not in court). I wrote about AP on September 11, 2017. I did a post about expediting on March 23, 2022, and maybe that would help with other ideas that might be stronger reasons to expedite. Take care, Jason
Hi Jason.
We are so grateful someone like you is out there to help and advise us in such a long and a anxious immigration process. From your help we stay hopeful.
I have few questions
Do asylees pay fees for the initial AOS application ( green card)?
My online account revealed that USCIS sent me a RFE for our I-730 a month ago, But I never received it. What can be possible causes of missing notice? Is that common? Also What role can an attorney play in I-730 process ? Thanks.
Asylees are required to pay the fee for a GC or get a fee waiver (form I-912, available at http://www.uscis.gov). I think you need to figure out what the RFE is about – if you do not respond to an RFE, the case would likely be denied. Maybe you can send an inquiry through USCIS Help (a link is under Resources) or try to call them (800-375-5283). Generally, I think attorneys are not needed for an I-730, but it depends on the case, as some cases have issues. Take care, Jason
Good Morning Jason,
I had my Individual hearing in April this year for Asylum and Cancelation of removal, The judge asked me to come back for a decision Mid June. All of a sudden my hearing date was removed from the calendar today and my attorney received a call from the court stating they are going to mail the decision. Is there any way to find the turnaround time as when they will sent the decision . Thank you.
Such changes are common, but there is no real way to know about the time. I would give them a month and if there is no news, maybe your lawyer can call the judge’s clerk to inquire. Take care, Jason
Hi Jason, I hope you had a great weekend!
I wanted to ask if I can travel to a third country with my citizenship passport. My citizenship passport has expired, and I have never used it since I arrived in the US. I’m a green card holder and have been traveling to meet my family in third countries using a refugee travel document. However, the renewal process for the refugee travel document now takes at least 12-13 months, which is a long time to wait. So, I was planning to use my citizenship passport, which I am renewing via the embassy. Are there any restrictions or risks involved in using my citizenship passport for travel instead? I will not be traveling to my country of origin.
Thank you!
I think the risk is small and I have had many clients do that with no problem. I wrote about this issue in detail on May 25, 2022 and that has more info. Take care, Jason
That is a great post. It answers all the questions I have. Thanks 🙏🏼.
I would also suggest you check if your country of birth has extradition agreement with this third country because they may claim that you are still a citizen of their country has jurisdiction over you …and asking this third country to extradite you to country of birth…
Thanks Jason as always. I used your prior advise and travelled with calculated risk using passport of my COP and re- entered with out problem. We will see what happens in my citizenship interview.
Best
Probably it will be fine, but if you are prepared to explain and have any supporting evidence, then you will be ready in case they ask. Take care, Jason
Asylee, trust me, RTD applications are taking longer than 12-13 months. LOL mine is being processed for the last 16-17 months (I have lost track). I know a few people who are waiting for 17-18 months now.
Everyone, including Jason, has responded to you already with excellent info.
Personally, using your COP’s passport as an LPR depends on who the persecutor is/if you are fleeing your government. It also depends on, like Extradition said, whether there is some special arrangement between the third country and your COP (which is often overlooked/not researched before traveling). Remember that when you travel with your COP’s passport, you are entering the third country as a citizen of the COP. If your government is trying to persecute you, and the third country sends you back to the COP since you are traveling as a citizen of the COP, that could create major problems for you. In that case, or if that applies to you, it would be up to you if you want to take the risk.
If the persecutors are non-state actors, I think the risk, like Jason said, is very low.
Hi Jason.
I’m gonna file I-589 so got one question.
I divorced 6 years ago and have two children that live abroad with their mom.
They don’t plan to be applied as a dependent in my application and come here.
Should I enclude them in I-589? If so, should I provide their birth certificates?
This part could be complicated since I don’t have it and my ex refused to provide it to me, even taking into account that I’ve been sending them some funds for family support all these years.
You should list them on the I-589 and include as much information as you have on them. Though you don’t think they want to come to the US, you never know what the future holds, and so if you list them and win your case, maybe you could eventually bring them here. If so, it would be helpful to submit the birth certificates, but that is not necessary for your case or to bring them here (though if you actually start the process of bringing them here someday, you will need the birth certificates at that time). Take care, Jason
Enquiry on behalf of my friend who doesnt speak english only spanish. My friends adult son came to usa on b2 visa and it expired and he applied asylum and got receipt and it started his work permit clock then go to texas and border patol arrests him he showed asylum receipt but they wanted more. Hes in custody . After we release him from custody by posting bond. Will his casw transfer from uscis to immigration court. Or remain with asylum office
I think you will have to see what happens. Normally, if a person is detained, the case goes to immigration court where he will likely need to file a new asylum application (and start the asylum clock again from zero), but it is possible that he will be released and not sent to court, in which case his asylum case will continue with the asylum office. Take care, Jason
Thank you Jason for supporting us during the difficult waiting time and unknowns! Your posts and willingness to help give us the strength to wait and hope for the final result.
Looks like the current waiting time for asylum based i-485 is improving. I submitted i-485 last December and got the card last week! Can’t believe it was so fast (NBC office).
For all waiting for their results, it will be a light in the tunnel, and don’t lose hope no matter at what stage you are and how difficult it is!
That’s very good to hear , wow ! Did you submit the medical at the same time ?
Yes, I submitted the medical with the application
Some people are reporting faster processing times for the I-485 (not everyone though), so that is some positive news. Thank you for letting us know. Take care, Jason
Hola this Rafael. I have a question for Mr J. dzubow. Sir, i applied asylum really late like after 6 years of overstaying b2 visa. First i was misguided by notario. I came from third aafe country i cant qualify for asylum also i was scared of trauma that happened to me in home country and also didnt want to recall the past and move on. I had post trauma stress. Then later i filed asylum after 6.5 years. I was referred to immigration court by uscis by saying im ineligible for asylum due to one year bar then immigration judge said same thing, bia affirmed. Now after bia denial i want to apply appeal at federal circuit court ninth circuit. Can i appeal at federal circuit denial of asylum due to one year ban. Also my ead is expiring after filing appeal to federal circuit court can i renew work permit.
Thanks
Unfortunately, your chance is very slim.
Even though PTSD and misled by notario are valid reasons for missing one year deadline in my opinion.
They are, unfortunately, not generally recognized by IJ, BIA or circuit courts…Good luck, but you petition for review will likely denied…
However, I do want to ask tho, during ur 6 year overstay here, how were you able to find work to support urself ?
Best
I think there is a “jurisdiction stripping” rule related to the one-year bar. In other words, the federal court is not permitted to review a denial based on the one-year bar issue. I am not certain about that, and you would have to have a lawyer look into it to be sure, but I think that is the case. This does not mean that you cannot come up with an argument for the federal court, but it certainly will make things more difficult. In terms of the work permit, I think unless you received some type of relief, you cannot renew it, even if you file the federal court case. Again, check with a lawyer about that, as there may be a way to get it, but I think in general, you would not be eligible for that. Take care, Jason
Happy Saturday everyone
Jason please advise, is a 1 year physical presence in an accumulative counter? If I’ll leave US for a week with refugee travel document will this short absent restart 1 year physical presence or I’ll be fine?
Thank you
It depends for what purpose you need the one year of physical presence. If it relates to an asylee applying for a GC, you just have to have one year of total time in the US, meaning that if you leave for a week, you have to wait an extra week to accrue one year here. Also, you no longer have to wait a year to apply for the GC – I wrote about that on February 8, 2023. Take care, Jason
Thank you for your response Jason,
Yes I was approved for Asylum in December 2022 and just submitted my I-485 form along with I-131 for travel document,
With current wait for AOS about 2,5 years minimum and about 1,5 years for Refugee travel document, I thought if I’ll receive RTD about in May 2024 I’m ok to leave the US for a few days and it won’t affect my AOS?
Once you have the RTD and you have been in the US for 1+ years, leaving for a few days (or a few months) will have no effect, as long as the RTD is still valid, you can return back, and you would remain eligible to get your GC. Take care, Jason
Hi Jason! Pls give me the advice. I came to the USA on the tourist visa. During my stay here I married an American woman. It was more than 1 year ago. On my marriage basis I applied for green card. The marriage is absolutely legit. I’m still waiting my interview. However our relationship is getting worse. She has psychological issues. We are going through counseling right now. However I have less and less hope that our relationship will survive. Unfortunately we may divorce before the interview. Do I have chances to get Green card if we divorce before the interview? If so what is the path in general? Do you help with such cases? Best, Maas.
Generally, if the US citizen decides not to pursue the case, you could not get your GC. There are exceptions and you would want to talk to a lawyer about those. The main exceptions i VAWA (the Violence Against Women Act, which also applies to men). I do not do VAWA cases and so you may be better off finding a lawyer with experience in that area. Take care, Jason
Thank you Jason for all you do.
I am filling form I-485 based on asylum granted by the judge in court. I have a question regarding Part 2 , the section that asks about ‘information about your immigrant category’. If I am the principle applicant, am I expected to fill anything on the part that asks for receipt number of underlying category? Is the application for asylum my underlying category?
Also, Is it still advisable to send the form without form I-693?
Thanks again.
I do not recall that question on the form, so I do not know exactly what is needed, but normally for an asylee, there is no receipt number. If you are referring to a petition for the underlying category, there is no petition either. In terms of the medical exam, you can send it with the I-485 or later. If you send it now, make sure that you do not wait long after getting the exam to send the application. If the medical exam is more than 60 days old when USCIS receives it, it could expire and then you will have to do a new medical exam (and pay for the new exam). Take care, Jason
How to apply advance parole asylum pending based. Can i ask for ap if im goind to canada , mexico and bahamas for vacation or only for extraordinary circumstances
You can go anywhere you want once you have AP, but to get AP, you need to show that you are traveling for “humanitarian reasons,” such as visiting a very sick relative or for medical treatment. I wrote more about this on September 11, 2017. Of course, you should not go to your home country, as that will likely cause your asylum case to be denied. Take care, Jason
Hi Jason! Hope you are well. I have a question, if I may. I’m married to an American and waiting for interview on that basis. However we recently separated. I hope temporarily. I moved to MI from SC. We both are having the marriage counseling sessions together. In the meantime my wife wants to buy a house. There is the program that provides cash assist for downpayment etc. Basically we are not eligible for the program because I don’t have yet the immigration status. I have also the asylum case but it’s pending. The lender however says that fine that I don’t have the green card as soon as we don’t leave together. But I hope we will reunite soon. My concerns are that we will face questions at the interview like we committed some sort of fraud with the separation to get the cash assist to buy a house. Do you think it’s legit concerns or I shouldn’t be worry about that? Thank you.
I doubt the asylum interview would cover that topic, but as long as you can explain what happened (with evidence such as proof of the marriage counseling, for example), you should be fine. Take care, Jason
Reading comments here sir, i raise my own question. Is it safe to renew country passport from where u allege to uscis you ll be prosecuted ( home country ) if a person renews passport is his case automatically failed by uscis or immigration judge .
It depends on the case, but if you fear your home government and you renew the passport, you should be prepared to explain why that government agreed to renew the passport of someone it wants to persecute, and why you chose to get a new passport. I have had clients renew the passport in this situation and no one has ever been denied asylum for this reason, but it is a risk and if you do it, you should be prepared to explain. Take care, Jason
Me and my family we voluntary asked Chicago office of asylum to withdraw my asylum case so we can go to my own country ( uganda) and then go to canada from their on permanent residency. But after withdrawing our plans changed. Canada rejected our express entry provincial nomination ( alberta provine) We were going to reapply asylum but before that we got nta and referred to immigration court. So that means now we have to fight case in immigration court. And also due to previously changing address and office our asylum clock was stopped. Now since its referred to immigration court. Will the ead clock start at master hearing .
Hi, issa,
sorry to hear that. May I ask how long after your withdrew that the USCIS sent your to court ?
I think you will have to file a new asylum case and start the clock again from zero. Also, you will need to meet an exception to the one-year asylum filing requirement – I wrote about that on January 18, 2018, but in your case, you will say that you had a pending case and that you expected to get status in Canada and that did not work out. You will need to provide evidence about that. Maybe you can meet other exceptions to the one year bar, but you need to talk to a lawyer about the specifics of the case. Also, maybe you can bring the old asylum claim back to life, but I think you cannot and that you will need to file again. You would also want to discuss that with the lawyer. Take care, Jason
Hello sir i want to apply advance parole and go to visit mexico. My home country is nepal. My nepalese passport is expired. I am pending affirmative asylum. How can i applt advance parole and is it possible to apply also a travel document cuz my passport is expired and i cant renew it it will mess up my case
You cannot travel with AP unless you have a valid passport and there is no other travel document available. You will have to decide how important the trip is and whether it is worth the risk to your asylum case. Maybe talk to a lawyer to help evaluate that. Also, probably you know, but if you have TPS, it is easier to get AP based on TPS than based on a pending asylum case. Take care, Jason
@Jason, when you say: it is easier to get AP based on TPS than based on a pending asylum case, are you talking in terms of processing times or chances of getting either? Thanks
I do not know about processing time, but AP for TPS people is just a question of filling the I-131 form. If you want AP based on asylum, you have to show a “humanitarian reason” and this can be difficult. In some cases, USCIS will deny AP for asylum pending people, so it is safer to apply based on TPS. Take care, Jason
Please deny D*Santis the presidency ( preferably the nomination…) …😒
Hi Jason,
Thank you for all your help!
I have been waiting for more than five years for our asylum application, and I am a dependent in the asylum case. As a result, I am wondering about the possibility of visiting my severely ill father-in-law, who has been unwell for the past three months. Can I utilize Advance Parole to travel back home? If so, what is the expected duration to obtain Advance Parole?
You can get AP, which is used to re-enter the US. You would need to use your passport to travel. I wrote about AP on September 11, 2017. A dependent can return to the home country and it may or may not be an issue in the principal’s asylum case. If the main applicant has indicated that the whole family is in danger, including you, you (and the principal applicant) will need to explain why you returned and how you stayed safe. If you are not in any danger and that is clear from the principal’s case, then it should not create problems for you to return. If you have a lawyer, you may want to discuss the specifics with the lawyer, just to be safe. Take care, Jason
Thank you Jason for the piece.
I also believe that our country has fundamentally changed for LGB rights. But there is still a long way to go.
That’s why B*den needs to be reelected.
There is still a long way to go, and there is some danger if DeSantis wins, since he is intent on fighting the culture war (which is really a war on vulnerable people), but I think our country has changed and it will be politically difficult to go very far backwards. At least that is my hope. Take care, Jason
Dear Jason,
First, I greatly thank you for your tireless efforts to explain to us multiple issues related to the immigration in general. It is very helpful.
I have a question: I am an Asylee and applied for my Green card last April 2023, wchich is still early considering the length of time it takes to be processed. Whenever I need a job, I present my EAD that was issued when my asylum application was approved. However, this EAD is expiring in November 2023 and I’m not sure that my form I-485 will have been approved to get the Acceptance Notice that would facilitate me to continue working. What should I do in case my EAD expires before getting this form I-485 approval notice. I’m confused. Does this EAD have automatic extension? If yes, how can I know it? I don’t think I can apply for a new EAD and pay fees while I already got my asylum.
Thanks
An asylee is eligible to work even without an EAD (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). However, it is easier to have the EAD. If you apply to renew before the current card expires, you get an automatic extension of the old card. The earliest you can renew is 180 days before the current card expires. If the fees are a problem, maybe you can qualify for a fee waiver, form I-912, available at http://www.uscis.gov. Take care, Jason