Great Asylum Seekers, Great Americans

Every year on the Fourth of July, Carnegie Corporation of New York–an organization devoted to advancing democracy, education, and international peace–celebrates naturalized U.S. citizens who have “enriched and strengthened our nation and our democracy through their contributions and actions.” This year, the 35 honorees come from 33 different countries, and have all benefited the United States in important ways.

Several honorees on the list are forced migrants, and I want to highlight a few of their stories. While the Carnegie honorees are extraordinary, in many respects, their stories and their contributions are not so different from other immigrants and refugees, including many of my own clients. Every day, I am amazed by what my asylee clients have overcome and what they accomplish once they are here. As our nation celebrates its 247th birthday, it is worth reflecting on the contributions that immigrants–including refugees and asylees–have made. And so, without further ado, here are a few Carnegie honorees who were forced to flee their home countries, and who have enriched our nation by their presence.

The newest Americans tend to be the most patriotic. They are also the most vigorous flag wavers – so don’t get too close!

Ghida Dagher: At the age of nine, Ghida Dagher and her family fled civil war in Sierra Leone and sought asylum in the United States. “Having moved here as a refugee and growing up in communities of low income is [a] real life experience that I take with me,” she said. “It shapes the trajectory of my career.” “I often say that it’s my immigrant experience that grounds me, but it’s my American experience that propels me.” Ms. Dagher is the president and CEO of New American Leaders, a nonpartisan organization dedicated to building a more inclusive democracy by training first- and second-generation Americans to run for public office, and by “championing New Americans as crucial participants in the American political system.” “As a refugee and as an immigrant,” she says, “there’s a sense of responsibility to carry forward this message of inclusiveness, this message of hopefulness, this message of unity.” “Ultimately all of the things that are American in my eyes.”

Ke Huy Quan: If you don’t know Ke Huy Quan, you should get to know him. Last year, he appeared in the hit movie Everything Everywhere All at Once, and won a Golden Globe, a Screen Actors Guild Award, and the Oscar for best supporting actor. Mr. Quan opened his Academy Awards acceptance speech by stating, “My journey started on a boat.” “I spent a year in a refugee camp.” “And somehow, I ended up here on Hollywood’s biggest stage.” When Mr. Quan was seven years old, his family fled Vietnam and ended up in a refugee camp in Hong Kong with his father and five siblings, separated from his mother. The family reunited a year later in the United States, where they received asylum. Mr. Quan had a difficult adjustment in the U.S. and was teased in school. But later, he accompanied his brother to an open casting call where Director Steven Spielberg picked him to play Short Round, the young sidekick in Indiana Jones and the Temple of Doom (1984). At the time, he told an interviewer, “I think I changed a lot.” “I was a boat [person], and now I get to make the movie.” Mr. Quan continued to struggle after Indiana Jones and had not appeared in front of a camera for 30 years when he was chosen for Everything Everywhere All at Once. Mr. Quan concluded his Academy Awards speech by noting that stories like his only happen in the movies. “I cannot believe it’s happening to me,” he said. “This is the American dream!”

Jean-Claude Brizard: When he was a young boy, Jean-Claude Brizard’s parents were forced to flee Haiti for the United States after Dictator François “Papa Doc” Duvalier imprisoned his grandfather and threatened to detain his father. Mr. Brizard and his siblings were left in the care of their grandmother, and would not reunite with their parents for six years. In the U.S., Mr. Brizard began a teaching career in the New York public school system, where he witnessed firsthand the challenges faced by students and the critical role that educators play in their lives. He went on to hold multiple senior leadership roles in public education, including serving as chief executive of Chicago Public Schools, superintendent of schools for the Rochester, NY, City School District, and senior advisor and deputy director in U.S. Programs at the Bill and Melinda Gates Foundation. Today, Mr. Brizard is president and CEO of Digital Promise, a global nonpartisan nonprofit organization focused on accelerating innovation in education. In an interview, Mr. Brizard recalled that his parents “sacrificed to get us to America and I will always work to honor their legacy and the gift of opportunity that they afforded me.” “It is my fondest hope that someday every child in America will grow up with that same sense of hope.”

Timnet Gebru: As a teenager, Timnit Gebru fled political violence in Ethiopia and sought asylum in the United States. She was surprised by the racism she encountered here and realized that she had to be an advocate for herself and others to overcome bias. She went on to earn a PhD from Stanford University’s Artificial Intelligence Laboratory, and to co-found Black in AI, an organization devoted to increasing representation of Black people in the field. Dr. Gebru later helped lead Google’s Ethical Artificial Intelligence research team, where she worked to highlight biases and ethical risks within the technology and within the company itself. She was eventually fired by Google for coauthoring a paper examining racial discrimination and bias present in large language models, a type of AI software. As she put it, “I’m not worried about machines taking over the world.” “I’m worried about group-think, insularity, and arrogance in the AI community.” “If many people are actively excluded from its creation, this technology will benefit a few while harming a great many.” Dr. Gebru now leads the Distributed AI Research Institute, which documents the effect of artificial intelligence on marginalized groups. 

Wesaam Al-Badry: At the age of seven, Wesaam Al-Badry and his family fled Iraq after their village was attacked during the Gulf War. They ended up in a refugee camp in Saudi Arabia where Mr. Al-Badry first became interested in photography. Eventually, the family was relocated to Lincoln, Nebraska, to a rundown apartment. But as Mr Al-Badry recalled, “To me, it was beautiful… people don’t understand… having running water and a good night’s sleep… just changes a lot.” Still, he felt the disconnect between his experience as a refugee and his new home. His interest in photography and his own experience with displacement would go on to shape Mr. Al-Badry’s work as an investigative, new media journalist, and interdisciplinary artist. His work focuses on marginalized, oppressed, and forgotten people, as well as members of the Middle Eastern and the North African diasporas. Mr. Al-Badry has worked for CNN and Al Jazeera America, exhibited in major museums, and won numerous awards. 

*   *   *   *   *

Conversations about refugees and asylum seekers too often involve only what we purportedly give to them (or what they purportedly take from us). We forget that these new Americans often contribute much more than they take. Helping refugees is the right thing to do; it is also an investment in our nation’s future. These extraordinary honorees are a powerful reminder of what we gain when we help refugees.

Related Post

167 comments

  1. Hi Jason,
    I’m now a USC based on asylum. When I did my citizenship interview there were some adjustments made by officer about my previous two marriages, and now that I want to petition my wife, I don’t recall what was adjusted on my interview. So I’m unsure what info to provide on her petition, is there any way that I can know what the officer adjusted on the interview day… since I don’t recall much myself.

    Reply
    • I think you would have to file a request for your file – follow the link under Resources called FOIA USCIS and you will find how to do that. It usually takes a few months, but if you think it may cause inconsistencies with your I-130 petition, it is probably best to get a copy of the file first, so you know what is there. Take care, Jason

      Reply
  2. Hello Jason, I have withholding of removal status currently but I just got married US citizen. I wanted to adjust my status. Is this something that you can help with or do you have any others lawyers that you recommend with a great reputation in this type of case ( who has experience in this area).

    I appreciate your help in advance!

    Thank you!

    Reply
    • We do such cases, but whether it can work depends on the case. Assuming it is possible, the first step is to file the I-130. Then, you can try to reopen the court case (sometimes, you have to wait for the I-130 to be approved to reopen). After that, there are different options, but normally, you would try to dismiss the court case and get your GC through USCIS. The process usually takes a long time (a few years). If you needed our help, you can send me an email (jdzubow@dzubowlaw.com). Take care, Jason

      Reply
  3. When applying EAD c(8) for 2 passport photos i used blue pen instead of pencil in back of phpto to write a-number and name. Will my ead application be rejected or denied.

    Reply
    • I highly doubt that will have any effect. Take care, Jason

      Reply
    • ALYY,
      It shouldn’t be an issue. I have always used a pen to write on the back of photo sent to USCIS.

      Reply
  4. Hi Jason, i always appreciate your help, you had one client getting court postponed cause background i was wondering for third times, i was wondering if he got it or no??

    Reply
    • It is next week, so maybe check back late next week. Take care, Jason

      Reply
  5. Hi Jason,
    My cousin is in a dilemma. He filed for asylum in 2017 and is still waiting for an interview. Last year he applied for I140 and it was approved and he submitted his 485 EB green card application and received a combo card and he is still waiting for the verdict. His asylum EAD expired last month ( his mistake) and he is scared that his EB GC application may be denied because he did not maintain his status (F1) after he applied for the AOS.
    Should he apply for a renewal of the C08 EAD and will they approve it? Thanks

    Reply
    • He can apply to renew the c-8 EAD, but he will not benefit from the 540-day automatic extension of his old card. Since wait times for the renewal are totally unpredictable, he is probably better off applying sooner rather than later, since it could take 6 months or a year (or more) to get the new EAD (it could also take a month – who knows?). Take care, Jason

      Reply
    • Dear Jason,
      I come back to you to seek for advice: I petitioned for my derivative family members. Everything went good. Unfortunately, my cases have been in the Embassy for 3 months without an interview date and it is one of the least busy American Embassies in Africa. On my Visa status it is written “READY”but they they mention that the interview date is not determined yet. I write to them, they rarely respond and when they reply, their answer is “WAIT”. I write to NVC, they tell me to check with the Embassy. I’m disturbed and don’t know what to do next

      Reply
      • Sometimes writing to the embassy helps, but if it is not working, try asking your Congress person. They can often assist – you contact their office and ask for the person who assists with immigration. There are links under Resources for House of Representatives and Senate, which will help you find your representatives, and then you can choose one to ask for help. Good luck, Jason

        Reply
  6. Hi Jason,
    Thanks for all your support for the community! I have some questions:
    1. Is it possible to get AP if I had the asylum interview with USCIS but decision has not been released yet?
    2. How long does it typically take for the Asylum Office to issue a decision for a case that has been pending for several years?
    3. Is AOS possible for a pending asylum through F4 (family based green card through siblings)?

    I appreciate your help!

    Reply
    • 1 – Yes. I wrote about AP on September 11, 2017. It is the same whether you had the interview or not. 2 – There is no answer. It could be tomorrow or it could take years. Most cases are probably decided in less than 6 months, but many take longer. 3 – I guess it is possible to get a GC based on a sibling, but most people would not be eligible for that (plus, sibling petitions typically take 12 or 14 years). Also, most likely, you would need to leave the US to get the visa (maybe not, but most people do). I wrote more about that on August 28, 2018 and September 6, 2018, but if you think that is a possibility, you would need to talk to a lawyer about the specifics to see whether you are eligible. Take care, Jason

      Reply
  7. Hello Jason,

    I am an asylum seeker (waiting for interview). If my wife and kid applies for tourist visa in my persecution country and may lie about my presence in US.

    a) If approved visa how will it impact my case?

    b) If visa is denied and later my case gets approved. They being dependents on my case, when I apply for bringing them to US, will the fact that they had previously lied on their tourist visa application impact their getting visa as dependent asylees.

    Thank you.

    Reply
    • a – If they lie, I doubt it will affect your case. b – It certainly could. They could try to make an excuse (they were frightened for their lives and so they lied to try to get visas), but that could still cause problems (at least for adults; minor children likely would not be affected). My instinct is that lying will probably not get them a visa, but could cause problems later, and so it is probably not worth the risk. Maybe talk to a lawyer to see if there are any other ways they could come to the US, aside from a tourist visa (student visa or work visa, for example). Take care, Jason

      Reply
  8. Hi Jason,
    I am an asylum seeker from India based on religious and ethnic minority. My sister is derivative Green Card holder. Her Husband is Afghan.
    At the time of Asylum interview, he was asked something like “why you are not going to India as your wife is Indian?” to which he responded that India is not safe for Muslims and some ethnic minorities even though they are nominal Muslims.
    Now that my sister is a green card holder (AS7) she wants to visit our father in India. She has not visited him for the last almost 8 years.

    My question:
    How will her visiting India effect my case while I claim it is not safe for Muslims and my ethnic group?

    Again, she is a nominal Muslim. She will be accompanied by her 2 US citizen kids.
    Thanks!
    Asylum Seeker

    Reply
    • I doubt the asylum officer will ask about your sister. I guess it is possible, but that is pretty rare. If you have family in the home country, they do typically want to know why your relatives can live there safely but you cannot, and so you would need to explain that, and it would not hurt to be able to explain why your sister could go there safely for a short visit when it is not safe for you. Again, I doubt they will ask about her, but it will not hurt to think about how you will respond if asked. Take care, Jason

      Reply
  9. Sir i-765 instructions say when applying C(8) asylum pending work permit if not issued an ead before send govt issued id like passport, birth certificate with photo id, national id with photograph or visa issued by a foreign consulate. My passport is expired plus water damaged. I have birth certificate but it doesnt have my fathers middle name when in reality he used middle name too. First and last name are right. I have california driver license. My passport has visa issued by a foreign consulate. That is USA B2 visa issued at US consulate in Sydney Australia. Can i use this us consulate issued visa as proof of identification for i-765. Fortunately my passport is expired and damaged but visa page is totally fine. Also i will include i-94. Can i get ead in this scenario

    Reply
    • I would include copies of all those things and hopefully that will be enough. If not, USCIS will send a letter indicating what else they want. Take care, Jason

      Reply
  10. Hello Jason,

    Does affirmative asylum (pending interview) case fall under credible or reasonable fear case. I got below information from one of the USCIS websites and wanted to see if I can send inquiry.

    “If your inquiry concerns a credible or reasonable fear case,
    please send your inquiry to ZAR-APSO.ZAR-APSO@uscis.dhs.gov

    Thank you.

    Reply
    • Neither – those are for people who arrive at the border and they are an initial evaluation of asylum eligibility. If you have a pending asylum case with the Asylum Office, you have to email them directly – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason

      Reply
  11. Hi Jason,
    I am disabled. Greencard waiting is worsening my condition. Can I get a green card in 2 months if the expedite request is approved? Thank you

    Reply
    • You can try – I do not know how long it will take, but you can ask to expedite. I wrote about expediting in general on January 29, 2020 and it sounds like you may have a strong reason to expedite. Take care, Jason

      Reply
  12. hello Jason,
    it’s been 53 days and still no decision after USCIS received my response to their RFE (I-693) medicals. I applied for my Green card on July 20,2022 and I’m RUNNING out of patience for real!! what are my options now? am I able to sue them after 60 days of no decision since they received my response to their RFE?? will any attorney accept me to sue the USCIS or i have a weak case because it’s only been 1 year since i applied for my GC? what are my options please sir?

    Reply
    • I guess you can file a mandamus, but I think you should wait a while longer before doing that. I do not know if it is a national trend, but we have recently received a ton of requests for I-693 medical exams. It seems like all our pending cases are receiving these requests now. If that is happening to everyone, it may just be a new USCIS policy and decisions may not be coming as quickly once the medical exam is sent to them. Take care, Jason

      Reply
      • so when should i file mandamus? any advice? honestly i guess it depends on the luck as i see thousands on reddit and other immigration forums who got RFE recently and got approved after 10 days and others got approved after 20 days and others been waiting for 2-3 months so i guess it all depends on luck! I’m tired of waiting but i will try e-request after 60 days pass with no decision yet as USCIS live agent told me that before you have to wait 60 days after RFE was received before you do e-request then will try to expedite but what if all doesn’t work? when can i file mandamus?

        Reply
        • I think there is no answer to that question – you can file anytime. It is up to you. However, I think it is common for people to wait several months after they submit the medical exam, and so it seems to me that you might wait a few more months and USCIS will finally just do its job. But if the waiting is too intolerable, you might want to file a mandamus now. Take care, Jason

          Reply
        • Asylee, personally speaking, you should not file a mandamus lawsuit until you are able to demonstrate to a judge that you’ve tried to expedite your case and you have used other available assistance in getting USCIS to make a decision on your pending I-485 application (an Ombudsman, for example). I am also of the view that you should not file a mandamus lawsuit if your application is well outside of the average processing time for your kind of application. The USCIS website shows that 80% of all GC applications based on asylum status take 30 months to process. This 30 months would therefore be their processing time for GC applications based on asylum status. USCIS sucks when it comes to processing most applications in a reasonable amount of time, but in their defense, and this is something I rarely say when it comes to USCIS, your application hasn’t even been processing for 1 year yet. Your request for evidence, at least to me (and I must admit that I could be wrong), is irrelevant to the mandamus lawsuit or whether USCIS should have made a decision on your case once they’ve received your RFE. I have searched the web and could not find anything about USCIS being legally required to make a decision on your case within 60 days of receiving your RFE. If I am not mistaken, and I must admit again that I could be wrong, the 60-day “rule” is just an arbitrary number used by most people since USCIS typically (“typically” being operative word) makes a decision in 60 days of receiving the response to their RFE. If you were applying for citizenship, however, and you did the interview and passed, then USCIS would have a deadline to make a final decision on your application, pursuant to law. For the I-485, I think the judge would be more interested in how long your application is being pending for, USCIS’s published processing time(s), and whether or not you have tried expediting your application and getting help from your congressperson/ ombudsman, for example. However, like Jason said, you are free to file the mandamus lawsuit whenever you want.

          Reply
          • I should have said that as well – the listed processing time and any efforts to expedite are much more relevant to any mandamus lawsuit than when USCIS requested the medical exam. Nevertheless, you can try to do a mandamus at any time, but if the case is within the posted processing time and if you have not made sufficient efforts to resolve the matter “normally,” I doubt a mandamus would succeed. You should talk to a lawyer who does such cases if you want to give that a try. Take care, Jason

          • @jamie
            thanks a lot for your advice but i waited for 5 years to get interview then after the asylum approval now we are talking about another year to get the GC I’m fed up with that for real man!

            @jason
            i appreciate you Jason and i just did inquiry yesterday and will do e-request after 60 days pass with no decision since they received my RFE response (USCIS LIVE AGENT) told me that then i will try to expedite. funny thing i convinced my friend who applied in 2020 to sue them and after he paid $5k to the attorney 2 days ago to file mandamus hmmm today he just received RFE to submit medicals from NEWARK field office as his case was transferred there from NBC 2 months ago !!!! mean his case is moving after being stuck for 3 years!!! USCIS is playing us way too much!! I’m tired of that.

          • Unfortunately, USCIS is a disaster, and the mandamus lawsuit is like a tax to get them to do their job. It’s too bad they wouldn’t just implement premium processing – it would be cheaper, fairer, and help more people, but I would not hold my breath and maybe a mandamus is the best of the bad options. Do talk to a lawyer, as you need to try to expedite “normally” before you file a lawsuit and the lawyer should help with meeting those requirements. Take care, Jason

  13. Hello Jason,
    I am an asylum based green card holder. Last year I applied for RTD and on the application form indicated that I am going back to my COP to visit my mom who is sick and need a surgery.
    When I arrived at the airport, I showed my green card and RTD. They stopped me and let me see an immigration officer. He asked why I am back to my COP while I have claimed asylum from and it is not safe, I explained the same thing then he let me go. Do you think I should expect anything negative in the future based on this questioning?

    Reply
    • I think you should expect questions about this when you apply for citizenship, and so you should keep evidence of the reason for travel (mother’s medical documents) and any evidence about how you stayed safe in your country, in case you are asked. It is also certainly possible, that you will not be asked about this, but it is better to be prepared, just in case. Take care, Jason

      Reply
    • Hello Sinan,
      Was reading your question, Could you please let me know how long you stayed at your COP and when you came back USA, what was your experience in the airport any issues you had? and when you applied for RTD did you submit any document related to your mom’s sickness and surgery?
      Really appreciate, if you share your experience.
      Thank you
      Sam

      Reply
  14. Hello Jason,
    I filed asylum in early 2015 and have not heard anything. I could adjust my status through marriage with us citizen. The whole process took eight months and approved without interview. Now , I am going to close ( withdraw) my pending asylum case. How can i do that? Should i go to asylum office in LA and submit paperwork to close the case?
    Thanks

    Reply
    • You can email them to withdraw. I did a post describing what to do on December 7, 2022 and maybe that can give you some guidance. Take care, Jason

      Reply
  15. Hi Jason !! I have few questions If you could please answer them.

    1) Do CPB officers issues I-94 to Greencard holders entering back to USA?
    2) Do the greencard holder need new I-94 who adjusted status based on marriage to US cirizen?
    3) I came from an overseas trip few days ago and presented my Greencard and country passport and CBP Officer did not stamp the passport, and now when I check my travel history, It does not show up.
    4) The reason I am asking all these questions is Because today I went to DMV to renew my driving license , presented Greencard and all other documents and I was told my status in not updated by DHS and DMV cant verify my status and did not renew my driving license. Never heard of this issue before. If I am issued 10 yeare Greenalcard based on US citizen marriage, How come in the world the status does not show on DMV record. what does it mean status is not updated by DHS? I checked E-verify based on Greencard number and it shows I am authorized to work in United states.

    Thank you

    Reply
    • 1 – No. 2 – No. 3 – I think this is fine, but you need to know your travel dates for purposes of the naturalization form, and so you might want to keep a record of the dates and countries visited. 4 – I do not know what this means and I think you should try the DMV again and bring a copy of the e-verify printout. If they do not accept it, ask to talk to a supervisor. They would need to give you a better explanation and if there is something USCIS needs to do, the DMV should tell you. I guess you can also try calling USCIS (800-375-5283) and see if they have a suggestion, but it is very difficult to reach a person there and get help. If the phone call fails, you can inquire with the USCIS Ombudsman’s Office – there is a link under Resources. Take care, Jason

      Reply
  16. Hi Jason,
    Trust you are well. I submitted an I730 for my spouse and at the top of the form, I put 1 of 1. Now, we have decided to file for our child. Do I put 1 of 1 too on the child’s application? Do I submit the child’s application with a copy of the receipt of spouse’s application? How do you advise we go about filing the child’s I730? Thank you for your time.

    Reply
    • I do not know that it matters, but I would probably put 1 of 2 and then next to that question write “see cover letter.” In the cover letter I would explain that you decided to file for the child and include a copy of your spouse’s I-730 receipt. Take care, Jason

      Reply
  17. Does anyone have experience about I-730 missing RFE??
    I submitted I-730s on March and by May 20, my online account revealed that RFE was sent and that cases can’t move unless I submit those evidence.
    I never received that notice.I sent a mail to request copy of that notice, meantime, without that notice, I also sent additional random evidence as proofs of my relationship with beneficiaries. I also went online and submitted and e-request and was told to expect a reply by July 5th. I never received that notice, no answer no updates. I called USCIS and I was told someone will contact me within 72 hours, nothing happened.

    Have anyone went through this anxious experience? What can I do next?
    Thanks.

    Reply
    • @Hope
      Please can you let us know ,how you can speak with officers in phone,because I try more then 10 time,
      and didn’t work,I can’t speak with any person

      Reply
      • Hi A.S
        I called 800 375 5283 dozens of times and during one other attempt, the voice said they are collecting me to an agent. A waited about 10 minutes and I got connected. unfortunately my problem was not solved and got more confused.

        Reply
    • This is really awful – you are doing all the normal things to do, and USCIS keeps screwing it up. I do think you should contact them again. You might also reach out to your Congressional representative to see if they can assist (follow the link under Resources called House of Representatives or Senators to find your reps). You can also try the USCIS Ombudsman, which you can also find under Resources, but I think Congress will be much faster. Good luck, Jason

      Reply
  18. Good Morning Jason and Asylum Family Members,
    Jason Thank you for helping me a lot in my and my family Asylum cases i got your advise with almost all my case steps. Had my interview on July 07th and on July 09th Status was changed to fee were waived and on July 10th Decision was mailed. Let see what the decision is. Everything done in 3 days after interview. I hope everybody will get their interview and decision very soon.
    Than you.

    Jimmy

    Reply
    • Fingers crossed. Hope it’s an approval.

      Reply
    • Hi Jimmy, congratulations on your approval, which asylum office you did your interview? I am waiting for my decision since May 15 and it is still pending.

      Reply
    • That sounds like a positive sign, but we have to wait for the letter to know for certain. Good luck, Jason

      Reply
  19. Hi Jason,
    Thank you very much for your amazing service!
    I have one question about EAD renewal. My husband and I applied for EAD renewal on April 2022 Nebraska office, and received 180 day renewal paper. After 7 months on November 2022 my husband received his renewed EAD but mine is not approved until now. Our renewal was for the 2nd time asylum pending category. So my question is what can I do to get my EAD renewed. I called USCIS office repeatedly and they told me to just wait. It is so frustrating. Can I send another i-765 again? I am so confused what I can do.
    Thank you.

    Reply
    • It is really ridiculous and I have no idea why it takes so long to renew an EAD. It should take about 4 minutes! In any event, everyone who applied before the old card expired gets an automatic 540-day extension (I wrote about this on May 11, 2022 with links to the USCIS web pages), and so you are eligible to work until about October 2023. Hopefully, you will have the new card before then, as most everyone does. But until October, it is very unlikely that USCIS would take any action to “expedite” the process, since you are still eligible to work. Take care, Jason

      Reply
      • Agree with the 4 minutes. Like it really boggles my mind that USCIS needs more than a month to process an EAD or RTD- especially renewals and when they’ve decided to reuse applicants’ biometrics!

        Reply
    • @SARATEKLU.JOB@GMAIL.COM
      Please can you tell please,how you can speak with officers in phone,because I try more then 10 time,
      and didn’t work,I can’t speak with any person

      Thank you

      Reply
      • If you want to talk to officers, you need to provide them with incorrect receipt numbers, and then the computer will transfer you to an officer who can assist you.
        I learned this trick from this page. Thank you guys.

        Reply
        • For example if your receipt number is
          IOE09. . . . . . . .
          provide them
          IOE99. . . . . . . .

          Reply
  20. Hello sir,
    When i applied asylum affirmatively i gave National id of my country which is india. We have national id which doesnt expire and i got that id around 12 years ago when i was a child 16 years old . My facial features have changed. My national passport is damaged and expired and indian embassy consulate never renew it for asylum seekers ever and secondly it will affect my case negatively. I also gave driver license which is for undocumented as id proof for asylum application plus expired and damaged passport copy and b2 visa page of passport and i-94
    Now its time for work permit will damaged and expired passport be accepted as valid id and also i will also give driver license and national if of my country. Plus i can give usa b2 visa page from my passport. I have birth certificate which is translated from india and notary stamped. Are these documents enough for ead approval and ultimately SOCIAL security number
    Thanks

    Reply
    • I think these documents should be enough, but it would not hurt to provide an explanation (as you did here) so they know that your passport is damaged and cannot be renewed. Take care, Jason

      Reply
  21. My asylum application is pending with uscis for 151 days. When will i recieve interview notice . Slso can i apply ead now since its been 151 days. Btw i did miss my one year deadline by 5 days due to mailing uscis and they received my application 5 days after one year. Am i still eligible for ead and asylum or will my ead and asylum denied due to this

    Reply
    • @ANI, Welcome to the waiting crowd. I have been waiting for an interview since June 2015. I am on my 4th EAD.

      Reply
    • The EAD should not be affected by the late filing. In terms of the interview, it will probably not happen any time soon, as things are a total mess at the Asylum Offices (but you never know, so make sure to have all your evidence, just in case). In terms of the asylum case, if you mailed the application before the 1-year deadline, it will be considered timely filed, even if it was received after one year. And so you should try to find proof that you mailed the application on time. So if you have a mailing receipt, that is best. If not, maybe you could request a copy of your file to see if USCIS has proof of mailing – you can do that if you follow the link under Resources called FOIA USCIS. I would try to get this proof as soon as possible, since sometimes, it disappears from online (for example, the US post office only keeps tracking information for a limited period of time). I wrote more about the one year bar on January 18, 2018 and maybe that would help. Take care, Jason

      Reply
  22. Dear Jason, thank you so much for all you do. I have few questions or zones that I need some clarifications. I applied for asylum on my last year of college. I had only waited 2 and half years before the interview and many years of work permit renewal and a decision was finally made and a letter mailed to me saying I have to appear before the immigration judge in January 2026. In meanwhile, I got married and have a daughter with a us citizen. Filled a petition I130 and get a letter of approval last week. My concern is knowing I was a F1 visas initially, but not knowing that a pending application for asylum isn’t a status, I get out of status. I was able to enroll to grad school and finished. Now back to the approval letter; In the letter it says the person could apply for adjustment of status for I485. But then I have this court date. What should I do? Is that possible to withdraw the asylum case and the justice department will close the file or is the USCIS will go ahead and process my I485 when I apply and then I will appear at the court date? Please let me know what are options and how to go about them. Thank you In advance for your time.
    Adams.

    Reply
    • I should also have mentioned that unless the case is dismissed, you need to appear at any court date or you would be order deported, which will cause all kinds of problems to get that corrected (if it is possible at all). Take care, Jason

      Reply
  23. Hi Jason. Thank you for highlighting this, especially with all the negative rhetoric towards asylees. The colapse of the Dutch government, (given asylum seekers only make 5% of total immigrants per year), illustrates how most countries are no longer friendly to asylees. Reportedly, they receive 400K immigrants of which asylees are only 20K.

    In my COP, the government uses generous handouts to entice voters, and violence to silence critics. As a result, only those with the drive to work for themselves and thus don’t care about handouts, will speak up against the government. This supports the fact that most asylum seekers are motivated to excel rather than settle for handouts.

    God Bless America.

    Take Care

    Reply
    • My experience is that asylum seeker tend to work hard and in jobs that are often difficult or dangerous, and they (and especially their children) excel in the US and make important contributions to our country. In my experience, it is not the exception – it is the norm. Take care, Jason

      Reply
  24. Hi Jason,
    I’ve been told by a lawyer that since I have an approved asylum then I don’t need to include proof of home residency on my i-485 or anything else pertaining to my J-1 visa from many many years ago due to Federal Code of Regulations. Is that accurate or do you submit this for your clients who have had J-1 visas in the past? I’ve done the residency but don’t necessarily have all the proof since it was many moons ago. Thank you for your time.

    Reply
    • Dear Jason, thank you so much for all you do. I have few questions or zones that I need some clarifications. I applied for asylum on my last year of college. I had only waited 2 and half years before the interview and many years of work permit renewal and a decision was finally made and a letter mailed to me saying I have to appear before the immigration judge in January 2026. In meanwhile, I got married and have a daughter with a us citizen. Filled a petition I130 and get a letter of approval last week. My concern is knowing I was a F1 visas initially, but not knowing that a pending application for asylum isn’t a status, I get out of status. I was able to enroll to grad school and finished. Now back to the approval letter; In the letter it says the person could apply for adjustment of status for I485. But then I have this court date. What should I do? Is that possible to withdraw the asylum case and the justice department will close the file or is the USCIS will go ahead and process my I485 when I apply and then I will appear at the court date? Please let me know what are options and how to go about them. Thank you In advance for your time.
      Adams.

      Reply
      • You should talk to a lawyer, as the way forward depends on the specifics of your case. However, in most such cases, you would ask DHS (the prosecutor) to agree to dismiss the case, and once the case is dismissed, you would apply for a green card through USCIS (using form I-485 and the associated forms). This does not work for everyone, and DHS does not always agree, and so it is best to talk to a lawyer. However, if you wanted to contact DHS to ask about dismissal, you can find their contact info if you follow the link under Resources called DHS Office of the Chief Counsel. Again, not everyone is eligible, and so it is better to talk to a lawyer. I also wrote more about this issue on August 6, 2018 if you are interested. Take care, Jason

        Reply
      • Dear Sir , Jason Dzubow
        I can still fill up my I 765 form by writing and mail it, instead of filling it online?as I have some difficulty to fill it online

        Reply
        • I also have difficulty filing online, though I am slowly learning. Yes, you can still file by paper. Take care, Jason

          Reply
    • If you have asylum, the J-1 home residency requirement is automatically waived, and so you do not need to worry about it. You can see that if you Google “8 C.F.R. 1209.2”. I include a reference to that section in the cover letter when we file the I-485 for an asylee who had the 2-year home residency requirement. Take care, Jason

      Reply
  25. Wow ! Those are very inspiring stories . I guess it’s the COP loss and America’s gain.

    Reply
    • Indeed. And the “brain drain” from people leaving bad countries is a very real problem for those countries. Take care, Jason

      Reply
  26. Respected Jason,
    I’m running late to apply for my EAD renewal. At this point in time, what happens if I submit an EAD renewal application 60 days before the date of expiration? Please advise. I appreciate your help as always.
    Thank you very much.

    Reply
    • It is no problem. As long as you submit the renewal prior to the expiration date of the current EAD, you get the automatic 540-day extension and you should have the new EAD card before that period of time expires. Make sure to file before the current card expires; otherwise, you will not get the automatic extension. Take care, Jason

      Reply
  27. Dear Jason

    Im planning to apply for refugee travel documents,

    My first refugee travel documents based asylum is expired yesterday. And I haven’t used that RTD because i need my green card because d country im traveling does not recognize travel documents.

    For renewal should i sent the original travel documents back to them or only copy works,?

    Any ideas whether they increase the validity of RTD more than a year. USCIS is really a mess

    Reply
    • If the RTD is already expired, you do not need to send them the original, but you should send a copy of the photo/bio page. Unfortunately, it take 1+ years to get an RTD and it is still only valid for one year. There was movement to extend the validity period to 5 or 10 years, but that was back in 2008 or so, and nothing came of it. Hopefully, USCIS is going to extend the validity period, since having a travel document that is only valid for one year is pretty idiotic, especially since it takes over one year to get a new one. Take care, Jason

      Reply
  28. Hi Jason
    I am waiting for over 5 years for my interview, I sent several requests to expedite but no reply. I talked to my lawyer and he suggested to file a writ of mandamus

    What are your thoughts on filing a writ of mandamus can this backfire on my asylum case and what are the chances to get the interview scheduled

    Thank you 🙏

    Reply
    • I think it is basically the only way to get an interview, and so you certainly can try it. In terms of whether it could have a negative effect on the outcome, I think the general answer is no, but I am not completely certain. For one thing, supposedly if the Asylum Office cannot complete the security background check, they will deny the case. I have not seen this happen to anyone, but I have heard it is a possibility. Also, while I have had a number of mandamus cases approved for asylum, I did have one that was denied and I thought the denial was suspicious. I do not know if it was related to the mandamus case or something else (there were some other issues in the case, but they seemed pretty minor to me), and so I cannot say for certain that a case will not be denied to retaliate for filing a mandamus. I just think that would be rare, and I think any risk of such a denial is not worth worrying about, since the alternative is to keep waiting forever. Take care, Jason

      Reply
  29. Hello, when preparing the green card application do we include the copy of the biometric page of passport or all its pages? And for birth certificate does the English translation need to be certified or not? Thank you in advance.

    Reply
    • We include the photo/biography page + the US visa page(s) and a copy of the I-94. For the birth certificate, you should include a copy of the original, an English translation, and a certificate of translation. I wrote about translations, including a link to a certificate of translation on August 24, 2017. Take care, Jason

      Reply
      • Thank you!!

        Reply
  30. Hi Jason,

    Asking for a friend. If an asylum seeker sought asylum due to being apart of the LGBTQ+ community and is currently a flight attendant with a green card. The airline currently flies to the country of prosecution and the person could possibly be assigned a trip to work a flight to that country with a short layover (less than 12-24hrs). What are your thoughts about this situation? And if the person only worked a flight there and back to the US without leaving the plane, what are your thoughts about that as well?

    Reply
    • If the person wants to be 100% safe, they should avoid going to the country of persecution and should ask not to work that route. If the person goes there, I think it is unlikely they would have a problem, but it is not impossible. They should be prepared to explain why they went and how they stayed safe while there, just in case they are asked. I wrote more about this issue on January 6, 2016. Take care, Jason

      Reply
  31. Hello Jason,
    I had my biometrics appointment with uscis after asylum receipt came around 4.5 months ago. I attended biometrics and my notice was stamped . My code was 3 for biometrics. But whem i see other peoples biometrics like my friends i see there is a mistake in my biometrics stamped notice. It is written on stamp biometrics q/a review by
    1****** on march 11 2023
    Tenprints qa review by
    _______ on march 11 2023
    The biometrics uscis officer forgot to fill thi ______ on ten prints qa review butfil’ed the date.
    And also asc site code right X**
    And there is proper biometrics site stamp.
    If this is fault this uscis fault not my fault. Wil’ this stop my clock. Im going to file my EAD now since its been 5 months or 150 plus days now. Is this a problem that can stop clock thanks

    Reply
    • I do not know, as I do not know their internal procedures and if biometrics were done, you should be fine. I would just apply for the work permit normally. If something goes wrong (or I guess if you want to be preemptive), you can email the asylum office directly to ask. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason

      Reply
  32. Good Afternoon Jason, can you please help me?

    My child just arrived after I have petition him. His class is ASY.

    When can I file for his Green Card or Work Authorization?

    Thank You

    Reply
    • He should get a work permit basically immediately, but if not, you can file at any time (form I-765, available at http://www.uscis.gov). The old rule to apply for a green card was to wait one year after winning asylum or coming to the US as an asylee, but that changed a few months ago and now he can apply sooner than one year. I wrote about this on February 8, 2023 and maybe that will give you an idea, as there is not straight forward answer. Take care, Jason

      Reply
  33. Hi Jason, I have a question with regards to something that I’m not sure is a potential problem for my green card application or not: many years ago they rolled out the LA Care free healthcare in Los Angeles to which my friend told me to apply to while I had pending asylum saying it was for people who lived in LA and I applied not thinking I would get approved. They ended up mailing me the insurance card and didn’t ask for any other documents, they seemingly just approved it. Years passed and they started sending me letters from social services asking to send in proof of citizenship which I have no idea why- maybe they marked me off as citizen, maybe I erroneously clicked in the wrong checkmark when applying and didn’t realize that, but now I don’t know if USCIS will notice it while doing my background. Should I write a statement about it 2ith my i-485? I wouldn’t like to call their attention to it unnecessarily and it’s not like there is a question about it on the application pertaining to that. Please what is your opinion? Maybe I’m getting paranoid about little things.

    Reply
    • You might have a lawyer look at the specifics, but my instinct is to not mention it. It is not relevant to the I-485 (or for your citizenship case), and so I see no need to raise the issue. I guess the one concern is that if you claimed to be a US citizen on the form that could be a bar to obtaining a green card or citizenship. False claims of US citizenship are very serious under immigration law, and I believe there is normally no way to get around those. However, if it was inadvertent, that might be a defense. Also, as an asylee, you are eligible for a special waiver under a section of the law called INA 209(c). Given all this, maybe you want to have a lawyer look at the case, but in the end, based on what you said, I think it is very unlikely to come up. I guess if USCIS does start asking about this, you would want to get a lawyer, but hopefully, that will not happen. Take care, Jason

      Reply
      • Thank you so much, Jason!

        Reply
  34. Hi Jason,

    Quick question, Can a Immigration Judge have a independent immigration law office / business. While they are a immigration judge in a different or same state? Or is it conflict of interest.

    Reply
    • I think that would not be allowed, and I have never heard of such a thing. Take care, Jason

      Reply
  35. Hi Jason,

    I’m a green card holder which was given after getting Asylum approval. My wife is a derivative Asylee and a GC holder as well ( AS7 ) , my wife was planning to travel to a 3rd country to meet her family after 10 years since we applied for Asylum. However her mom broke her leg few weeks ago and she’s not able to travel, so now she is plann9ng to get to the COP using her COP passport, based on the fact that her name was never mentioned in the case that she would be at risk if she travel back home ( and thats the case ) and also her mom tried to get a visit visa to US few years back and her visa was rejected.

    Can you please give your thoughts in her travel to the COP ?

    Reply
    • I think it is very unlikely that she would have an issue. If your case states that your whole family is in danger, then maybe they could ask about it, but if the only person in any danger is you, it is very unlikely there would be an issue. Nevertheless, it does not hurt for her to be prepared to explain why she traveled and how she stayed safe (or that there is no threat to her). Take care, Jason

      Reply
  36. A Ukrainian friend of mine has TPS status and a travel doc based on TPS (Form I-512T, Authorization for Travel by a Noncitizen to the United States). He has an asylum interview soon in court. If he is granted asylum, can he immediately travel with this travel doc based on TPS (his home country passport is valid). Or should he apply for a Refugee Travel Document instead and wait ~18 months for it to be produced?

    He will not be traveling back to Ukraine.

    Thanks!

    Reply
    • I am not sure about this – Asylum is a superior status to TPS, and I imagine that if he has asylum, he no longer has TPS and therefore, he may not be able to use that travel document (which I assume is Advance Parole). I imagine that if he did use it, he would probably be let back into the US, but it could negatively affect his status here, and so unless a lawyer researches this and learns something different, I think it is much safer to get the RTD. Also, I wrote about travel with a passport when you have asylum on May 25, 2022 and maybe that would be helpful. Take care, Jason

      Reply
  37. Myself Peter . I applied asylum but i got late and missed the time to file it ( 1 year deadline ). I got asap membership and then applied work permit . Now its been 30 days. I applied on 152 days after clock started. Will i recieve ead or will it be denied due to 1 year

    Reply
    • I think you should be ok – we have not seen anyone denied an EAD because of a late filing in many years, and even in those cases, the people were in Immigration Court and the judge specifically refused to start the “Asylum Clock,” thus blocking them from getting an EAD. Take care, Jason

      Reply
  38. Hi Jason,

    I’m the principal applicant of i730 for my spouse. We received an interview date. I know interviews now are case by case basis. Can you provide insight into why we were stoked for an interview? What to expect? What’s the decision time from there ?

    Thanks

    Reply
    • Hi RIRI,
      Hope you well just wanted to know how long did you wait to receive the letter for interview, when did you apply your I 730. Thanks

      Reply
    • Every I-730 beneficiary should get an interview, whether they are in the US or another country. You have to look at the interview notice to see what documents are needed, but the interview is generally pretty easy – they verify biographic info and ask about criminal or national security interest stuff, and also verify the relationship with the principal applicant. There is a link under Resources called I-730 Family Reunification Manual, and I think you can learn more about the interview there. Take care, Jason

      Reply
      • Thanks for the prompt reply Jason! Appreciate all that you do, not taken for granted.

        Reply
  39. Hi Jason, thank you for help , today finally, my I-485 was approved! Here is my timeline:
    November 2015 filed for asylum
    June 2019 got the interview.
    March 2020 asylum was granted.
    28 March 2021 filed the application
    20 April 2021 fingerprints were taken
    On 6 May 2021, my case transferred to NBC
    13 May 2022 received RFR
    3 June 2022 my response to RFR was received by USCIS
    10 July 2023 our case was approved!

    Reply
    • Congratulations! It took forever, but at least this part is done. Thank you for sharing the timeline, as that helps other people who are waiting. Take care, Jason

      Reply
  40. Hello Jason,

    I have a 10 years old kid that his EAD card expired two years ago so if I want to apply for him how will be the process since he is a derivative in my Asylum Case pending in the SF immigrants court?
    I already applied online for my wife and myself but there is very unclear how you can apply either on online way or on paper, please advise?

    Thank you,
    Rex

    Reply
    • You should be able to apply for him as any other dependent. Since it is a renewal, he needs to pay the fee. Most people who have young children do not renew, as they want to avoid the fee and the child does not need the EAD (you can also try a fee waiver – form I-912, available at http://www.uscis.gov). Take care, Jason

      Reply
  41. I sent a written letter to asylum to withdraw my asylum case almost 3 months ago . 89 days ago. I havent received any notification or anything from asylum office to tell if my case is withdrawn or not. I can still check my asylum status online by putting my receipt number. I guess that means my case is not withdrawn its still active. I need to really withdraw my case bcuz i am going to return to my home country. I need a proof i withdrawn asylum when in my coutnry or otherwise i can have issues back home. I no longer have persecution problem. I need to go back and also make sure i withdraw it right so i can come legally later if i need to

    Reply
    • It is usually better to withdraw the case after you leave (otherwise, they may send you to immigration court). I wrote withdrawing on December 7, 2022, and it often takes some time. You can follow up by emailing them again. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason

      Reply
  42. Hello Jason! When filling out form I-131 based on a granted asylum do I need to include 2 passport with my application or it is not required?

    For the money order, should I make it payable to USCIS or Department of Homeland Security?

    Thanks for your help!

    Reply
    • Hi Feeric, Jason should respond soon. In the meantime, based on my personal experiences and the USCIS website, below are the requirements for applying for an RTD, from inside the US and outside of the US, and how to pay via money order.

      If you are paying with money order, you should write “U.S. Department of Homeland Security” on the “Pay to the Order of” line. Do not write “USCIS” or “USDHS”, for example. The money order would be rejected.

      For a refugee travel document (if applying in the US):
      -A copy of an official photo identity document;
      -Proof of refugee or asylee status;
      -A statement explaining the reason for a “yes” response to any question in Part 6;
      -The I-131 application
      -Money order/check/credit card authorization form (Form G-1450)

      If you are not applying for the RTD from overseas, you DO NOT need to read the rest of information below.

      If outside the United States, submit:
      -Two identical color passport-style photographs of yourself taken within 30 days of filing this application;
      -Evidence of your last date of departure from the United States, if available (such as airline tickets, boarding passes, etc.);
      -Fee receipt as proof you have paid the applicable filing fee(s) for the application at the USCIS Office or U.S. embassy or consulate with jurisdiction over your location outside the United States; and
      -A statement explaining:
      -The purpose of your trip outside the United States. Include documentary evidence to support your reasons for departure from the United States, if available;
      -The reason you departed the United States without first applying for a refugee travel document;
      -A description of where you have traveled since your departure from the United States;
      Your activities while outside the United States; and
      -An explanation of whether you intended to abandon your refugee or asylum status at the time you left the United States.

      Reply
    • We are still including the photos when we file the I-131 (though maybe this has changed – check the instructions to be certain) and the check goes to “Department of Homeland Security”. Take care, Jason

      Reply
  43. I heard these days especially in 2023 April to June Asylum pending first EAD’s are being approved in under 30 days like 80 % of them. Is it true. I applied my asylum pending work permit and i received receipt it says pemding since july 3 2023. On July 3 my ead clock days were 158 . That means i could expect my ead approved approx when my clock is 180 plus to 190 days ?

    Reply
    • We are seeing most of them take less than 2 months, but usually it is more than 30 days. They are supposed to process them in 30 days, and I think that is their goal, but it usually is not quite that fast. Take care, Jason

      Reply
  44. Good afternoon Jason,
    I am an Afghan Asylee waiting for my Green Card. I have applied for RTD as well but there is no progress in the case of RTD.
    I sought asylum from Terrorist Taliban and Haqani Network not from the back then government (Republic). As you know Taliban control Afghanistan (have a government) there.
    A- Can I use my Afghan passport to travel to a third country (Germany)? Or in other words:
    B- How will it impact my naturalization in the future?

    Thanks,
    Asylee

    Reply
    • It would be better to have the RTD, but they are taking 1+ years. I have many Afghans who travel on their passports and no one has had a problem. You should be prepared to explain why you used the passport, in case you are asked, but I think that is easily explained. Take care, Jason

      Reply
      • Thanks Jason.

        Reply
    • Since you haven’t received your green card yet It is not advisable to travel out of the US with your passport…and traveling to Germany with Afghan passport is not easy as you are required to obtain an entry visa from German embassy….traveling with RTD to Germany doesn’t not require an entry visa and you will be allowed to stay in Germany for a duration of 90 days …

      Reply
      • It is shameful to keep such a name in this platform. You should be ashamed of yourself.

        @Jason,
        I wrote to “K T” in Persian but seems like we can write only in English here?! The name he has used for himself is not nice. In Afghan culture we call such a person Lochak. Thanks.

        Reply
        • Thank you. I do not speak any Dari, which is too bad given that I have a lot of Afghan clients. Take care, Jason

          Reply
    • Asylee, I know Jason responded to you already. But, I cannot emphasize enough how it is VERY important that you DO NOT leave the US without a valid RTD. Asylees need permission from the US government to leave and return to the US.

      According to the USCIS website: “USCIS issues refugee travel documents to people with refugee or asylum status and to lawful permanent residents who obtained their Green Cards based on their refugee or asylee status.

      You MUST have a refugee travel document to return to the United States if you:

      Have refugee or asylee status but are NOT a lawful permanent resident (Green Card holder); or
      Are a derivative asylee or refugee.

      If you DO NOT obtain a refugee travel document before you leave the U.S., you may be unable to re-enter the United States or you may be placed in removal proceedings before an immigration judge.”

      In addition, according to the Form 1-131 Instructions for Application for Travel Document: “Individuals who hold asylee or refugee status and are NOT lawful permanent residents MUST have a Refugee Travel Document to return to the United States after travel abroad unless they possess an Advance Parole Document. A Department of Homeland Security (DHS) officer at the U.S. port-of-entry will determine your admissibility when you present your travel document.”

      As well, aside from the fact that you run the risk of being accused by the US government of availing yourself of the protections of your government by traveling on your COP’s passport, according to Section 235(b)(1) of the INA (quoting from MyAttorneyUSA): ” Asylees and refugees who travel outside of the United States without suitable documents or permissions are deemed inadmissible on account of having left the United States without securing proper reentry documentation, or on account of having failed to return to the United States before the expiration of their refugee travel documents.” Thus, the lack of a valid RTD upon your return to the US, regardless of whether or not your application for an RTD is taking years to process, would render you inadmissible, and your admissibility and maintaining your asylum status would be at the discretion of the CBP officer.

      There are two things- not just one- that would make your inadmissibility more likely/warranted- you traveling on your COP’s passport and you not having the proper travel document.

      Reply
      • Thanks Jamie.
        My Green card is approved and USCIS has sent it to printing. I have no idea when will my RTD will be processed.

        Reply
        • Congrats! Now you can travel with your passport. The risks have just been substantially reduced, if any at all.

          Reply
        • By the way, my RTD is still being processed and I am already a US citizen lol

          Reply
  45. i am writing to seek guidance and assistance regarding my wife’s travel. Her I-485 application in process as a derivative asylee last 7 months. We have encountered an emergency situation, as she urgently needs to travel to see her father. Therefore, we kindly request your guidance on the necessary steps to ensure her return without encountering any obstacles

    Reply
    • You should talk to a lawyer as there are different bases to get a travel document based on a pending I-485 – Advance Parole and Refugee Travel Document being the two most common. You can try to expedite those. I wrote about expediting on January 29, 2020 and that might help, but probably you need to call USCIS, which can be very difficult (800-375-5283). However, first you need to determine which travel document you are applying for. Good luck, Jason

      Reply
  46. Do i need ASAP or CASA membership if applying EAD based on pending asylum application. Will getting ASAP membership result in faster ead processing (initial ead).

    Reply
    • You do not need it. We still include it when we can. Whether it has any effect now, I do not know. I think probably not, but it certainly does not hurt. Take care, Jason

      Reply
  47. Im going to file i-765 online . I have a few questions.
    1 Can i file it by iphone not laptop or computer
    2 how do i send photos of me in i-765. It requires 2 photos passport size to send it online
    3 and can i upload more than one id as proof of identity in supporting documents
    4 Do i just upload asylum receipt or biometrics notice too.
    5 Online i-94, expired passport with b2 visa. Do i send scanned copies of each of them . Will expired passport work
    6 Do i submit birth certificate too with translation plus driver license from new york state.
    Whqt other documents do i need . I dont have criminal record btw. Will i receive work permit receipt right away Thanks

    Reply
    • Hi, I just filed online and got approved.

      1. not sure if you can do it by phone, it requires uploading some documents, but theoretically I think it can be done
      2. I attached one photo, but I did use an online tool for US passport photos to crop it properly
      3. I uploaded multiple documents, including my passport, and Driver Licence.. so you can upload more than one
      4. I uploaded both, but I think the Asylum receipt may be enough
      5. Expired passport work (mine has been expired since 2016, and I have renewed EAD multiple times since then)
      6. I didn’t submit my birth certificate, not sure for what category you may need to upload it. I don’t think it’s needed for Asylum-based EAD

      If you submit it online, you will see the receipt in the “documents” section within the next couple of days, and it will come in the mail within the next week or two

      Also, my approval was super fast – I applied on 06.19th, got a receipt 06.20th, approval on 06.22, and my card was produced on 07.05 (haven’t received it yet though)

      good luck,
      Naya

      Reply
      • Thank you – I would just note that not all online filings (or paper) filings go this fast. Some do, and why some are faster than others, I do not know. Take care, Jason

        Reply
        • Thank you for the correction, Jason!
          I’m also curious as to why this happened so fast, my guess would, be that this is not my first time renewing it (I think it will be my 4th EAD). I have also filed a few other cases online (so they may have all my info already on file). And I have also scanned the portion of the previous letter, that came with EAD (that they usually recommend attaching to the application while mailing). Wondering if any of this could’ve helped expedite the process.
          Best,
          Naya

          Reply
          • I do not know – I suspect it is random, but maybe not. Take care, Jason

    • I still file mostly bu paper and so I am not very familiar with the online system. Others in my office are using it and it seems to work just fine. As to the questions: 1 – I do not know. 2 – You have to follow the online instructions. They may not be needed, if I remember correctly, but if so, make sure to follow the instructions for submitting photos. 3 – I believe so, but you should only need one ID and a birth certificate. 4 – I believe so, but I do not recall if they are needed. 5 – Yes, and the expired passport should be fine. 6 – Yes to the birth certificate. You should not need a driver’s license. In terms of other documents, it looks like you covered everything, but again, it varies by case and I do not know for sure. If you follow the online instructions, it should explain everything that is needed, but I think you have listed everything (except for any required fee for a renewal and a copy of any prior EAD). Take care, Jason

      Reply
      • Curious as to why a birth certificate is required?
        I don’t think I have ever attached it to any of my EAD applications, and it never was requested as RFE

        Reply
        • We sometimes do, depending on what ID the person has. Without actually working on the case and knowing the details, it is not that easy to know which documents to include. Take care, Jason

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  48. Hello Jason,

    As an asylum seeker, I am concerned about the potential impact on my case as my wife works with my persecuting government.

    Thank you.

    Reply
    • That could have a negative effect on your case, but it depends on the facts of the case. It would not be a bad idea to talk about this with a lawyer and decide how to best address it. Take care, Jason

      Reply
  49. Hello Jason,

    Have you heard about the new proposed citizenship test? It looks like the naturalization process is going to get a little bit harder for non English speakers.

    Reply
    • I think you are referring to a proposed test that was put out during the Trump Administration. It was never actually used and whether it will ever be used in the future, I do not know. Take care, Jason

      Reply
      • Hi Jason- USCIS has recently proposed a change to the English and CIVIC tests of the naturalization interview. For the English part of the interview, instead of the officer asking you a question and you writing your answer in English, you’d now be required to describe images/pictures shown to you by the officer. For the civic section of the interview, there would be multiple choice questions as opposed to the officer asking you to name one war fought by the US in the 1900s, for example. Obviously these changes, if implemented, would require a much greater level of language proficiency and test-taking skills- and the knowledge required in social studies, government, and history- than what we currently have. I cannot stress enough how horrible USCIS has been under the Biden administration. Application delays, except only in a very few categories, have gone from bad to worse. I am very disappointed with the USCIS director and the DHS secretary.

        Reply
        • I did not see that (I only saw the proposed changes by the Trump Administration), and I am a little surprised that they would do that. I do agree that the Biden USCIS has been pretty awful, but I did not expect them to be awful in this particular way. Take care, Jason

          Reply
  50. Good morning Sir,
    Im filing my ead based on pending asylum with uscis asylum office. Where do i send the completed application with supporting documents . What is the address to send my documents too ?
    Plus could i know the required checklist for EAD c(8) ? Thanks Sir. Wish you have a lovely day ahead

    Reply
    • It depends on the case, and so I cannot say for sure – you should check the filing addresses for form I-765 at http://www.uscis.gov for category c-8 (asylum pending). In terms of documents, you need proof of the pending case, 2 passport style photos, filing fee (if needed), copy of passport, visa, and I-94 (if you have those), copy of birth certificate if you have it, copy of any prior EAD, and maybe other documents, depending on the situation (including any criminal issues – but if you have those, talk to a lawyer). Take care, Jason

      Reply

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