One hundred years ago, in the aftermath of World War I, Britain, France, Turkey, and other nations signed the Treaty of Lausanne, which divided Kurdistan between what are today Turkey, Syria, Iraq, and Iran, and blocked the national aspirations of the Kurdish people. Since then, Kurds have endured persecution, war, cultural genocide, and mass killings.
As a result of these conditions, many Kurdish people have fled their homeland, and some have received asylum in the United States. One such asylee is Kani Xulam, who is now the director of the American Kurdish Information Network.
To call attention to the 100th anniversary of the partition of Kurdistan, Mr. Xulam recently walked from the Lincoln Memorial in Washington, DC to the United Nations in New York City. His journey covered more than 300 miles and took 24 days.
Mr. Xulam hopes that his walk will help raise awareness for the situation in Kurdistan, and that the United Nations will appoint a Special Representative to address the plight of 50 million stateless Kurds. He writes:
An international conspiracy condemned the Kurds to a life of subjugation. An international effort guided with the better angels of our nature can free them from it. My walk is a call for the right of a people to call themselves Kurds, and their homeland, Kurdistan.
Mr. Xulam’s story was feature on Democracy Now, which you can see here:
In some ways, Mr. Xulam’s story is typical of many asylum seekers in the United States. They were political or human rights activists in their home countries and they remain active here. Indeed, the very purpose of asylum is to protect people like Mr. Xulam. Like so many other asylees, his values are our values: Democracy, freedom, self determination.
On the 100th anniversary of the partition of Kurdistan, we should remember the plight of the Kurdish people and we should support the effort to protect them. We should also be grateful that our country serves as a safe haven for people like Kani Xulam, and allows him to continue his important human rights work from our shores.
I lost my ead card i-765. I reapplied for it by asking for a replacement card . Can i work with replacement receipt and ssn number and valid id. How long will uscis take to replace it. Its c(8) category ead. ( pensing asylum based ead). This is my first ead was approved under 30 days
I do not know how long replacements are taking. New cards are being produced quickly by USCIS standards (a month or two), but renewals often over a year. I would think that replacements would be relative fast, but I have not done that in a while and I do not remember. Take care, Jason
Hello Mr jason i was reading all comments here and really appreciate you take your time to answer our questions . I have a question. My asylum appeal for bia is denied. Judge in immigration court also denied it. Can i still renew my work permit i am planning to appeal my denial to 2nd circuit court. Can i still work while appeal is pending. Do i still need to get a stay of removal.
If you file a petition for review to the Second Circuit (basically, an appeal of the BIA), I think you can renew the work permit under a new rule. Previously, it was not possible to renew once the BIA case was denied. However, I have not done this for a client, and so I do not know how it works in practice. You can see something about the new rule here: https://www.uscis.gov/archive/uscis-stopped-applying-june-2020-rules-pursuant-to-court-order-in-asylumworks-v-mayorkas. It is near the bottom of the page and talks about renewing the EAD during a pending appeal in federal court. Note that an appeal/petiton for review to the federal court must be received by the federal court less than 30 days after the date on the BIA denial. Take care, Jason
Hello Jason,
Im asylum applicant. In my i-589 application i put my marital status as divorced but later while filing i-766 work permit i by mistake wrote single. Im divorced actually. Down the line will this create problem of misrepresentation and bar me from green card. Lets say i married and then file i-485 or lets day my asylum is approved will this cause in admissibility.
I doubt that would have much impact. You should be prepared to explain about this if asked. If your I-765 where you marked “single” is still pending, you might want to correct the error – if you have an online account, you can submit additional evidence noting the correction or you can just mail USCIS a letter with the correction. Keep a copy for yourself so you have evidence that you tried to correct the mistake. Take care, Jason
On my i-765 approval notice my name is last name first and first name last. My name is Taranjit Singh but my i-765 c(8) approval notice says Singh,Taranjit . Is it correct will i receive card with Taranjit singh name or Singh, Taranjit name
I am not sure, but if it is wrong, you can try to correct the card (see the I-765 web page at http://www.uscis.gov for info about this, and look under Special Instructions). If you think you can live with it, I would just keep it, since it sounds like both your names are listed. But that is up to you. Take care, Jason
@Mr.Singh
It looks like your name is listed Correct and nothing wrong with it. USCIS list Surname/ Family name first , Followed by Comma , and then list the First name.
Hi Jason I recently read an article that people who got greencard via AOS from Asylee status (granted via
court from immigration judge) cannot do that, and in the future cannot even apply for US citizenship because person was under court system
Please advise if this true? And that people who got Asylee status from immigration court could never get a citizenship?
That is false. If you get asylum from a court, you can then get a GC and US citizenship. It is very common. Take care, Jason
Hello Mr. Jason,
I want to submit supplemental evidence to the asylum office in Arlington, VA via email for an asylum interview. What is the correct email address? Any advice what should be in the subject line.
ArlingtonAsylum@uscis.dhs.gov I found this email address. I am not sure if it’s right or no.
I think that is correct, but if you follow the link under Resources called Asylum Office Locator, you will find the email. When you submit it, also include a copy of the interview notice and bring a hard copy with you to the interview, as they often lose documents, even when sent by email. Take care, Jason
Asylum is pending affirmative with uscis. How and can i travel abroad not my home country with advance parole. How to apply adv parole. Should i apply with uscis or asylum office
You apply with USCIS using form I-131, available at http://www.uscis.gov. That form does several different things, so make sure you complete the parts for AP. You also have to give a “humanitarian reason” for the travel and provide evidence of that. I wrote more about AP on September 11, 2017. The process is quite slow (maybe 1 year) and you can ask to expedite – I wrote about expediting in general on January 29, 2020. Take care, Jason
Hi Jason,
Hope you are doing well. We applied for the asylum based GC in July 2022, today we got letter from USCIS to submit our medical forms I have 2 questions?
1- Does anyone know any cheaper surgeons for medical?
2- How much time it takes to process GC after submitting the medical?
Thanks have a wonderful day ahead.
1 – We see people paying in the $300 range, but some doctors are much more. You just have to call around on the list and get an idea of fees. 2 – It used to be fast (a few weeks), but recently, USCIS seems to be asking for everyone’s medical exam, and they do not seem to issue a decision quickly after it is received. So it may be a few more months before they take further action – or it may be fast. There is no way to predict. Take care, Jason
Call USCIS civil surgeon [redacted]. They are below 200 and in Towson, MD
Sorry, I cannot leave names of doctors there when I do not know them or have their permission to post their name. Take care, Jason
Hello Jason
I am a naturalized USA citizen through Asylum. Few months ago I filed I-129 F (Petition for Alien Fiancee) and it is being processed. My fiancee visits the US annually on B1 visa for the past few years. During on her recent visit to the US we got married here and she had to go back to her home country after her month long vocation was over. She works with the US embassy in her home country for many years. I would like to know that should I withdraw I 129f that is being processed right now and submit I 130 as we have been married and our marriage is being registered in my county clerk office.
Thanks for your reply.
MZN
I have not done this in a while, and maybe the rule changed, but it used to be that if you were legally married and wanted to file a form I-129F, you also had to file an I-130. I would check with a lawyer about that or check the I-129F instructions (at http://www.uscis.gov). I do not think you need to withdraw the I-129F, and that would still likely be faster, but I do not know for sure which route is fastest. Take care, Jason
Hello Sir , My i-765 based on first time asylum is received by uscis Aug 11 2023. Notice issued Aug 15 . Received in mail today i-765 receipt Aug 21 2023. I created online account and added i-765 case. It days estimated time on online account is 2 weeks and step one receipt is issued step 2 biometrics are checked. Its on step 3 and final step receive decision. And co incidentally today is my 180 day of clock and i-765 was received by uscis on 170th day. When can i expect uscis to issue decision now that its been 10 days (overall 180 days of clock) since received by uscis as based on receipt.
Most people get the first work permit in about a month or two. Per a court order, it is supposed to take 30 days, but it is usually a bit longer than that. Take care, Jason
Good evening Mr.Dzubow,
Thank you for your help, much appreciated. I will apply for GC after asylum has been approved but,I am wondering about covid vaccine that is listed on required vaccine list is it possible somehow to waive it as a request or it is mandatory to take it? Thank you!
You would have to ask the doctor, but in general, required vaccines are required and cannot be waived. There are exceptions, but the doctor would likely know more about that than me. I think they are also discussed in the instructions to the form I-693, the medical exam, available at http://www.uscis.gov. Take care, Jason
Hi Jason, I have another question for the Iranian client you had recently in court, you said that the Government lawyer appealed when judge granted Asylum m so I am wondering how long normally it will take for you to find out if government didn’t appeal?
Other question is that the government lawyer appeal does an objection against the Judge decision? So how I does work? Is this providing some evidence to Judge in order to change his decision when he grant the Asylum? How likely judges will turn their decision from granted to not after government lawyer appeal and why that will be happen to convince the judge to revoke the grant? Please advise?
Thank a lot,
Maria
The government lawyer “reserved” appeal, meaning he may or may not appeal. If he wants to appeal, that must be filed within 30 days of the judge’s decision. An appeal means the government lawyer thinks the judge made a mistake based on the evidence in the case. You cannot submit new evidence on appeal. If you want to submit new evidence, that is normally a motion to remand or motion to reopen, but you have to have a good reason why you did not submit the evidence at the initial trial – in other words, any additional evidence must be new or previously unavailable. Take care, Jason
Hi Jason
I hope your summe is going on well and thank you for keeping this blog live and engaging!
I applied for a Travel document in November 2022 and its still not yet out. It used to take less than 6 months..Anyone facing the same issue. I checked the status again, it only shows “fingerprints taken”. And I so hope it will be two years this time cause one year is clearly not enough, considering that we also have to apply for visas etc. Is there anyone who applied the the Travel document last year receive theirs as yet?
Thank you!
You can check the processing times at http://www.uscis.gov, but wait times for a Refugee Travel Document are over one year (I think about 14 months, but I am not sure). It is a big problem, and so far, USCIS has done nothing to make it better. If you have a reason, you can try to expedite – this is not easy, but sometimes, it is possible. I wrote about expediting in general on January 29, 2020. Take care, Jason
I heard first time work authorization when asylum is pending if filed online is approved in 10 to 20 days these days. is it true online filing of work permit c category of asylum is much faster than mailing the documents. How long is it taking usually these days for initial work permit to be issued
As far as I know, both online filing and mail-in filings are fast for first-time c-8 work permits (for asylum pending). One issue has recently come up: You can file for the work permit 150 days after the receipt date for asylum. However, you cannot get the work permit until 180 days have passed, and I have now heard about 2 instances where USCIS rejected the work permit application because they processed it too fast – before the 180 days. This is idiotic, but I have heard about it two times, and so it may be better to wait until 160 days have passed in order to avoid this risk. Of course, I do not know how widespread the problem is, but as they say in The Alchemist – anything that happens once will never happen again, but anything that happens twice is sure to happen a third time. Take care, Jason
Hi Jason,
I have a question, I am an asylum seeker but I left USA without an advance parole I was not going to come back but something happened and wanted to ask if there is a possibility to be able to come back and allowed to enter. Thank you
It depends on the type of visa and whether you still have a visa or need a new one. If you need a new visa, you probably should withdraw your asylum case first, as that will probably make it easier to return – I wrote about withdrawing on December 7 2022. If you have a “dual intent” visa, such as H1b or L, you can probably return. If you have a B or F visa, and it is still valid, you can probably reach the US, but once you arrive, you will likely be detained (maybe for a short time, but possibly for a long time) and placed into removal proceedings (Immigration Court) where you can present your case. I would talk to a lawyer about the specifics before you try to return, so you know what is possible and what to expect. Take care, Jason
Hi Jason,
My asylum is granted in court and I have applied for RTD. Once I got an RTD I will apply for green card. Can I renew my country passport after filing green card? Would USCIS know that I have got my country passport? Can it cause a problem in my green card application? I know some people were asked during their naturalization interview about there country passport but they were able to explain it as there was emergency of travel and RTD takes forever to arrive. So they used their country passport but never been to COP.
First, there is no reason to wait for the RTD to apply for a GC. You can apply basically any time after you get asylum, though I am recommending you wait 6 months – I wrote about this on February 8, 2023. Second, if you renew the passport, USCIS will eventually know about it, because they want a copy for different applications and you should not lie about having a new passport. Many of my clients have renewed with no problem, but if you have a fear of your home government (as opposed to a fear of terrorists, for example), you need to be prepared to explain why you filed to renew and why the government was willing to issue you a passport. I wrote more about this on May 25, 2022. Take care, Jason
Hi Jason,
Thank you for all the amazing articles. I filed for asylum back in 2014 and now this whole journey is coming to an end with my naturalization interview scheduled for October.
Here is my question from you: In the naturalization interview notice, it lists “passports” as required documents for the interview. My wife and I unfortunately burned our passports when we got our asylum approval like 7 years ago (dumb move to celebrate I guess). Never thought someone is gonna ask for that passport. Should I apply to get a passport from my home country and take that? (not sure if I will be issued one tbh). Thank you very very much, as alway
That is a very old school way to celebrate! Anyway, if you have a copy of the passport, you can bring that. Otherwise, I think you should not try to get new passports. Just explain what happened and bring whatever ID you have, including all IDs from the home country (birth certificate, school records, parent’s marriage certificate, work IDs, and anything else). That should be fine, and if for some reason, they need the passport, they will ask for that and then you can try to get something, but I think that is very unlikely. Take care, Jason
Actually, I want to ask about this question as well.
In what stage could an asylum seeker safely destroy their COP passport ?
I know asylum seekers generally don’t like their country of origins. Assuming they don’t renew their passport, once they naturalize, could there be any way that the expired COP passport still of use ?
I guess when they are a citizen, but I think it is best to keep the passport and just put it away. Then, if you ever need it, you have it. Take care, Jason
Hi Jason,
I live in Arlington, VA and am planning to file mandamus lawsuit regarding my pending asylum.
Do you do this kind of lawsuit? If not, do you know someone who can help me with that or a site to look at?
Thanks,
We are not doing them now. A lot of lawyer do such cases, but you can look on http://www.AILA.org, which is a reputable referral service and find a lawyer there – it needs to be someone who does federal litigation. Take care, Jason
Ok, Thanks Jason
Something strange happened. I filed i-765 based on pending asylum but was denied due to clock stopped due to change of address. I never changed address. I inquired with asylum office and they said a letter came to them and it asked for address change. I never wrote that letter and can i request asylum office to restart my clock because its not me who changed maybe someone i dont know who sent that letter. And also the address it changed to is different too. In different state which i dont recognize. Can i include my house owners statement that i always lived at my address and never changed my address to restart the clock
I would certainly contact the asylum office and give them the details about this, and ask them to re-start the clock. Also, you can file another change of address to make sure they have your updated address. Use form AR-11, which can be filed on line and a copy sent to the asylum office. One issue is that the form asks for your old address, which in your case is false, and so I might just put your current address in both sections, but I am not sure if the form will let you do that. Anyway, I guess the first step is to let the asylum office know what happened. Also, you can file a Freedom of Information Act request to get a copy of your file, as you need to see that letter and see if anything else was filed. You can do that if you follow the link under Resources called USCIS Help. Take care, Jason
Pending application from 2017. Fourth renewal EAD fill online August 8 I 765 app received,
August 18 case approved card was produce all in ten days
This seems to be happening sometimes, so that is good news. Thank you for letting us know. Take care, Jason
I have question regarding digital photos for i-765 c(8) . Online filing. Where to get digital photos at and do they need to be 2*2. And do i need to write my a number and name behind digital photos which is not possible .
You can get them at CVS or another passport photo place. They can email them to you. You do not need to write your name on them, since that does seem impossible. Take care, Jason
Hello Jason,
Thank you for your continued support to asylum community,
I have my GC pending for 2.5 years! I made several inquiries/service calls/expedite requests/senators inquiries/ cis ombudsman inquiries….etc. without progress! The last update on my case my expedited request was denied!!!
Are these continuous inquiries and follow up requests harming and slowing case process by putting aside my file case as punishment by USCIS ?
If this action is true, Is it legal that the USCIS has authority to do so?
Appreciate your clarification and comments.
Thanks you
@AA
why don’t you have the guts to sue them? i applied in july 2022 and got RFE 3 months ago and i did inquiry they told me you will get updates in 30 days ending on Sept 10th ,2023 after that i’m suing them especially i see 75% of the people applied in 2023 and last 3 months in 2022 got their green cards on hands! go reddit and the immigration forums. go sue them and force them to work on your case instead of crying to them
I see quite a number of people who applied for GC based on asylum who say they make inquiries and get responses and or actions taken on their cases, whether it be rfe or approval. However, I applied for my GC in 2020 (pending 3+ years) and every time I try to make an e- request or call they say I am still within the processing time. When I had just filed, I could make an inquest in 2021, then the processing time went up and so to the inquiry date. Now in 2023 I cannot inquire about my case until 2024!! Meanwhile a number of people are successfully inquiring about cases that are filed in 2022, how? I even contacted the ombudsman office and they emailed be back saying my case is within the posted processing time frame.
@asylumist
You deserve that if you you financially can sue but scared! Why the heck in this world would you wait 3 years? When you can sue the f out of them and force them to work on your case snd give you decision in 60 days!!!! Grow some balls bro
@Adam, I am waiting 3+ years because I am constantly being told “Just wait”, however, I appreciate your concern, but I’m currently facing some financial difficulties. I’m doing my best to manage my situation responsibly, and I believe it’s important to be honest about what I can afford right now. I hope you understand. Would you be open to discussing potential options for assistance? I would greatly appreciate any support or guidance you could offer during this challenging time.
The system is completely unfair (as you know) and I suspect they are working differently on newer cases than older cases, trying to improve things. We have many clients who are waiting 2+ years, and some cases get delayed much longer, though usually there is a reason for that. If all else fails, you can file a mandamus lawsuit to force them to make a decision. Unfortunately, that may be the only effective option, aside from waiting. Take care, Jason
I do not know for sure, but I highly doubt that your inquiries are slowing down the process. Unfortunately, waiting this long is still within the “normal” processing time, and so many people are also waiting this long (you can see processing times at http://www.uscis.gov). More recently, some cases have moved faster, but I have a number of clients who filed and are waiting as long as you. Most people’s cases seem to be resolved in 2 or 2.5 years, so maybe you will get a decision soon. If not, you can try a mandamus lawsuit to force USCIS to do its job. Take care, Jason
Jason, do you recommend you your clients who are waiting for GC 2.5 or 3+ years to other law firms to file mandamus? Or are they contractually obligated to just wait? And also, will your practice start taking on such cases this year? 😄 I probably should’ve filed a fee waiver when filing my i485 and saved the fees to pay an attorney to sue uscis!
@asylumist
Good luck and hopefully you hear good news soon as you can’t afford to sue them! Me myself will sue them in 10 days after being waiting for more than 85 days after RFE was received even though USCIS itself says i should get an update after RFE was submitted in 60 days !! No inquiries no expedite works with them so in 10 days i will sue them! Especially i see all the new cases gets approved in 5-7 months so that’s unfair and I won’t take it.
I am not sure whether we will start doing mandamus cases, but even if we do, we will focus on affirmative asylum cases. I am not sure whether it is possible to successfully file a mandamus for an I-485 that is within “normal” processing times. At a a minimum, you would need to lay the groundwork for that by making inquiries to USCIS, the Ombudsman, and your Congress person, but you would want to talk to a lawyer who has done such cases to know whether a federal court would grant a mandamus for a case that is still inside the posted processing time. Take care, Jason
Thanks Jason, that’s also interesting to know that the mandamus for GC are generally filed for cases outside the processing time. I’ve seen here and other forums where experiences of filing mandamus for cases are shared that have been pending for way less than (current processing time) 30 months. By the way, my case has been pending for over 36 months but then they say it only applies to 80% of cases hence why I cannot make an e-request/inquiry. I was also curious to know how long you think is considered long enough to wait before filing mandamus for affirmative asylum cases since there is no processing time for pending asylum?
I am not saying that you cannot file a mandamus before the processing time. I am saying that I do not know whether it would work or not, and that would be a question for any lawyer who would be helping you. In terms of how long to wait, it is really up to you – if you talk to a lawyer and they feel that a mandamus can succeed, there is no reason to wait any longer. Take care, Jason
I called a very famous attorney office in The US known for suing the USCIs and they told me if 12 months passed and no decision on your i-485 then you are eligible to sue them! No one cares about the processing times on the USCIS website at all. It was made by them and that attorney told me processing times means nothing if you wanna sue them! Also the USCIS has tons of important things to do than sending their attorney to say hey no we wont process your case faster cause if the federal grant your mandamus the uscis most likely wont waste time rejecting the decision by the judge as they have bigger fights in the courts than a regular applicant just ask them to work on his/her case
It’s good to know. I think there is no mathematical formula about when to sue, and it sounds like they are having some success, though I assume they try to expedite or resolve the case in the normal ways first, before suing (in other words, they have to “exhaust their remedies” before filing a lawsuit). Take care, Jason
Mandamus should work for you! The government does not have the resources to fight back, so they prefer to adjudicate the case rather than engaging in a prolonged legal battle. The number of Mandamus cases is also skyrocketing.
Hello Jason,
I’m curious about the typical outcome in the following scenario:
My spouse has been listed as a dependent on my Asylum case (since 2014) with USCIS and does not possess any other valid status in the US. As for me, alongside the pending Asylum application, I hold a TPS status (she is not eligible). Should the Asylum application be denied, would USCIS still refer my case to an immigration judge due to my spouse’s lack of status?
Thanks for all your help!
It’s a good question, and I do not know. Sometimes, they do refer people to court even if they have TPS, so I suppose they could do that (I have not seen this in a while, so maybe they do not do it any more). If they no longer send TPS people to court, I would guess that they would not send you to court. Whether they would send her to court, since she does not have TPS, I do not know, but that would be a possibility. Take care, Jason
Hi Jason,
I am on Pending Asylum status and my employer is applying for EB2 for me.
I’m aware that opinions vary regarding the feasibility of AOS. It seems that this was possible back in 2020 but USCIS started to change the policy slowly and now it seems impossible.
There is no Matter of Orban. No, Implementation of 245 (a) (i) (k) for these cases.
What are your thought on that?
Do you believe a congressman could provide assistance in this matter?
Thank you!
I do not do such cases, and so I do not know. However, I think it is still possible to get a GC based on IA 245(k). As far as I know, Matter of Orban did not change that – in fact, I thought it clarified that it was still possible. I think you should talk to an attorney who does such cases to see for sure, as I have never done a case under INA 245(k) and I plan never to do one. Take care, Jason
@ANA, I recently updated my DL with the 540-day extension. It only took couple of minutes (Had online appointment before) for them to look it up on the system and verify that. The expiration date for the new DL is the same as the 540-day extension letter. Note that you should make an appointment with them the day after your DL expires since that is the date their system can verify your new status. Hope it helps
Thank you for the reply. It looks like I just stumbled onto wrong person… my previous experience with the dmv employees confirms this
Thank you Jason for your comments,
I am curious if you can share the result of that case, your Iranian client won the case?
I am also converted to Christianity and I have seen a lot of Iranian even when they know they converted, they issue passport for them with the hope that they will return to Iran so they have opportunities to bring them to jail and prosecute them!
The case was granted, but DHS reserved appeal, meaning that they may or may not file an appeal (hopefully not). In such cases, the key is to prove that you have actually converted and that the conversion was not done only for the purposes of winning asylum. If you can prove that, then country conditions in Iran show that you will face persecution or death, and so you should be eligible for asylum. In general, renewing the passport should have no effect on this, but that depends on the specifics of your case, and so maybe talk to a lawyer about that to be sure. Take care, Jason
Hi Jason,
I am an asylum seeker from Iran and my case is now in immigration court, and due to the financial crisis I have right now I need to ask my Mom in Iran to sell my property there and send the money here but the Iranian interests office in Washington(in Pakistan Embassy) pushed me to renew my passport to let me send the permission and notary documents to let her sell it there so eventually I renewed my passport and sent the notary document with their authentication to Iran so I have 2 questions:
1- Will immigration Judge will ask me to show him my passport?
2- What gonna happen to my case when he see that it was renewed? And how explain it to him that matter?
Also, everyone knows that the Iranian terrorist and brutal government will renew every citizens passport despite of their immigration status whether you are refugee, Ashlee or even asylum seeker but they will push you to explain and submit the legal documents which how US let you stay and what kind is Asylum case you have and they keep those in their records until you get crazy and return to Iran one day then they have all of the documents and your signature to confirm already taken how you stayed here which gonna be more than enough evidence to prosecute and even execute you in jail so with this story which we know how I should be prepared before the Judge then?
Thank you,
Maria
1 – Very likely. 2 – How you overcome that depends on the facts of your case. I just had a trial for an Iranian person yesterday. He converted to Christianity, and he had also renewed his passport at the Iranian interest section (though his passport is now expired). The judge and DHS (the prosecutor) did not care about the renewal because at the time, no one knew about his conversion. And so depending on the situation, you will need to explain why they were willing to renew your passport. You will also have to explain why you decided to renew your passport, but you did that above already, and so that should be easy. Take care, Jason
I entered usa in 2016 . And i filed asylum really late like this year January and now im applying work permit. And i was finding my i-94 and i can access it its there but my travel history it says no record found on cbp website. Do i need i-94 or travel history from cbp website or will my ead be denied due to this
This should not affect your EAD. I have not heard about anyone being denied an EAD for filing late (except for some instances for people in court, but that was with specific judges and I have not seen it for 5 or 10 years). I would urge you to try to overcome the one year filing bar with evidence, testimony, and legal argument. Talk to a lawyer about how to do that because it is very important. I also wrote about the one year bar and strategies to overcome it on January 18, 2018. Take care, Jason
Thank you very much Jason for featuring the Kani Xulam`s walk in your web site. Kurds deserve to live freely in their ancestral land just like any other nation. Kurdish cause needs to be heard by world. Thank you again taking a part on this. Much appreciated.
Kani is a real hero. I hope he will be able to see some progress for the Kurdish people soon. Take care, Jason
Good morning Sir, i was reading the comments. You said if asylum is filed by paper and later if someone open an uscis account online he can link it to uscis account. But thats not possible. I filed by paper and i have uscis account but i cant link it to my account. They say either case doesnt exist or it doesnt support online linking . But i can track it by uscis case status
Maybe you are correct, but I think you should be able to do it – you need the A number and the receipt number (I only ever enter my appearance as the lawyer, and so I have not done this). If you cannot, maybe try emailing the asylum office to ask – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hello Jason i have a question . Im asylum seeker with asylum office . My ex who i broke up with just because we were not in love anymore .He knows my a number and asylum receipt number. And also has copies of my receipts. I dont have an attorney. I know im thinking too much but can he try to maybe mis use my receipt or a number. Not sure but just i have a doubt. Like he could send a letter to asylum office that my case is not genuine etc or even worse try to withdraw my asylum case without my consent or try to stop my ead clock by changing address etc etc.
I have same/similar concern, that’s why I never trust other people enough to give my asylum information.
However, when you apply for a job, they will have I-9 requirement. So you will have to surrender your asylum EAD, which will have your A number. Because my dislike to present my asylum information, I have descended into poverty and become homeless.
Is it possible for a person to get a job but without revealing that s/he is an asylum seeker ?
Oh, and concur with @Sarah’s worry that person who does have your information could also
1) Do an FOIA without your consent
2) contact the embassy of your country of origin that you claimed asylum in the U.S.
I think this concern is overblown. If a US citizen wants a job, he has to give a lot of personal info to the employer and that can cause big problems if the data is used improperly. Asylum seekers are not powerless and if someone uses your data improperly, you can report them to the police, file a lawsuit against them, and inform the asylum office about what happened in order to defend yourself. There are well over 2 million asylum seekers in the US, and they work, study, and live their lives while they wait (and wait and wait). It is not risk free, but neither is life and we all have to do the best we can. Take care, Jason
If he has that info, he could probably do those things, though he could be arrested if he did. Maybe you want to open an online account at http://www.uscis.gov and then link your asylum case to that. Once you do that, only you will be able to access the account, and while it will not necessarily prevent him from doing something against you, you should know about it if anything is filed in your case or if the asylum office takes any action. Also, if you have any evidence to suspect him (such as threatening emails or texts), you should save those in case you ever need to prove that he did something against you. Take care, Jason
Sir, i created uscis account to apply pending asylum work permit c(8) online. There is an option of verifying identity there and which is maybe optional bcuz i cant operate my uscis account and also there is option to file online forms and but when i click verify identity . It asks for dos case id and a number. I have a number but no dos case id. I entered usa on b2 visa . Do i have dos case id. And also if i file work permit i-765 online will i receive receipt right away. And are work permits issued in 30 days for first time applicants.
I am not sure I understand the question, and I do not know what a DOS (Department of State?) case ID number is. If you file online, you should get a receipt when you file (though I forget if you get the confirmation and the receipt later). First time c-8 EADs are supposed to take 30 days, but sometimes, they take a bit longer. I have also heard about a few examples where they take less than 30 days, which resulted in the EAD being denied because the person filed on the 150th day, but was not eligible for the EAD until the 180th day. Since the EAD took less than 30 days, and the person had not reached 180 days, USCIS denied the EAD. Hopefully, that was an error, but it makes me think that it is better to file after 155 or 160 days, rather than 150. Take care, Jason
Hi Jason. Long story short: even if I have a valid, unexpired EAD, DMV requires that I provide “Verification of EAD in good standing” in order to renew my DL. How do I get that document and how to get ahold of uscis on this matter. Thank you
I know of no such document. If you have a valid EAD or an EAD recipt/automatic 540-day extension, the DMV should renew your license. I would try again to talk to them and talk to a supervisor if the first person cannot help. If that fails, you may want to look for a lawyer or a non-profit that assists immigrants (such as the ACLU) to see if they can assist. Take care, Jason
“If you have a valid EAD or an EAD receipt/automatic 540-day extension, the DMV should renew your license.”
I wonder if there is a legal basis like statues dictating this. like a law that provides “anyone who can provide proof of legal presence and otherwise eligible, shall be issued a driver license/state id”. Clearly, they should be issued. But it seems a lot of asylum seekers’ experience indicates that DMV employees are … unaware of the law ? and it complicates asylum seekers’ already very hard life, it’s very annoying.
Is there actually a law that mandates such issuance ? if it’s entirely within the DMV employees’ discretion…then even if asylum seeker shows what’s called “Verification of EAD in good standing”, then the DMV official could still deny the issuance, within their discretion, right (supposedly) ?
But if it’s not based on discretion … then could those that are denied licenses, file a lawsuit like mandamus lawsuit… ? saying that the DMV officials are violating APA ? Something like that ?
I was just doing research on how to counter discriminations faced by asylum seekers. Unfortunately, I don’t find many for private sector employment issues…since most employment is at-will…
But for the issuance of driver license/state id ? I wonder whether like filing of a mandamus lawsuit could help ?
DMVs are state agencies governed by state law, and so it would mostly depend on that. I imagine there are also federal anti-discrimination laws (and probably other laws) that apply as well, but this is not my area. I do think most people’s problems at the DMV stem from DMV employees not understanding their documents or the law, and can often be resolved by going to a supervisor or a different employee. Some problems may require a lawyer, but that would likely be a lawyer with experience in state laws/driving laws. Take care, Jason