In reaction to the government of China’s one-child policy, Congress amended the asylum law in 1996 so that “a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.” In other words, a person who is or could be subject to a forced abortion or forced sterilization may be eligible for asylum in the United States.
While this law was created with China in mind, there is no requirement that asylum seekers fear persecution in that nation. Indeed, over the years, advocates (including yours truly) have tried to use this law to obtain protection for people from many different countries. A recent article by Karla Colley in the Columbia Human Rights Law Review sets forth the arguments for an expansive use of the forced abortion-forced sterilization basis for asylum. Due to the prevalence of these practices around the world, Ms. Colley concludes that “attorneys and physicians need to screen all female clients for involuntary sterilization during the intake process and the forensic medical evaluation.” I think she is exactly right. Women who have been victims of forced abortion or forced sterilization can use that as a basis for an asylum claim, and as advocates, we have a responsibility to pursue all avenues of relief for our clients.
As I see, there are a few categories of asylum applicants who can benefit from the 1996 law, which appears in Section 601(a) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA).
First is anyone who has been subject to a forced abortion or forced sterilization, or anyone who has been harmed for resisting such coercive population controls. Many women (and presumably some men) are subject to forced sterilization or sterilization without their consent. A report from the Open Society Foundations documents how such practices are widespread, and often target women who are already marginalized: Racial and ethnic minorities, poor women, women with HIV, and women with mental or physical disabilities. In other words, women who society has deemed unworthy of having children. There are different ways that abortion or sterilization can be coerced–it could be done through misinformation, intimidation or as a condition for receiving health services or employment. Women might also be sterilized without their knowledge during childbirth or some other medical procedure. The mental, emotional, and physical harm caused by forced abortion or forced sterilization is severe, and under IIRAIRA would constitute past persecution for purposes of an asylum case.
Relevant evidence for such a claim would include a medical evaluation (physical and mental) by a doctor in the United States, medical records from the home country, medical reports and letters from family members or friends who have suffered similar harm, police documents, witness letters, expert letters, and country condition reports.
Of course, demonstrating past persecution does not necessarily guarantee a grant of asylum. However, if you show that you have been persecuted in the past, you would be eligible for asylum unless there is evidence that country conditions have changed such that it is now safe for you to return home. In the case of forced sterilization, which can presumably only happen once, you can still argue for humanitarian asylum, which allows for a grant of asylum even when there is no more danger in the home country, as long as the applicant can “demonstrate compelling reasons for being unwilling or unable to return to the country arising out of the severity of the past persecution.” Given the severe harm caused by forced sterilization, victims of this practice would likely have a strong claim for humanitarian asylum. Similarly, others who have been subject to coercive population controls, but who no longer face danger in the home country, might qualify for humanitarian asylum.
For people persecuted on these basis in the past, and who might not qualify for humanitarian asylum (where the harm is not deemed severe enough), another option is available–other serious harm asylum. Under this provision, a person who has suffered persecution in the past (due to forced abortion or forced sterilization, for example) could qualify for asylum if she faces any other serious harm in the home country, even where that harm would not normally qualify a person for asylum (such as criminal behavior or a personal vendetta).
So as you can see, people who have been subject to a forced abortion or forced sterilization, or who have suffered other related harm, have several options when it comes to presenting an asylum claim.
People who have not been persecuted in the past, but who fear future harm in the form of forced sterilization or forced abortion, or for resisting such procedures, might be eligible for asylum as well. Proving that you face a possibility of persecution can be challenging, but you would present evidence of direct threats, similar harm to others like you, country condition information, and expert reports.
Another challenge with these types of cases is convincing Immigration Judges and Asylum Officers that Section 601(a) is not limited to asylum seekers from China. The law was clearly created to protect people (women and men) fleeing forced family planning in China, but the plain language of the statute does not mention China at all. The law also does not require government involvement. It is written in the passive voice (“a person who has been forced to abort a pregnancy or to undergo involuntary sterilization… shall be deemed to have been persecuted”), and so whether the persecutor is a government or non-government actor should not matter (though of course, where the persecutor is a non-government actor, the asylum seeker must show that the government is unable or unwilling to protect her, and that she cannot safely relocate within her country). Perhaps one way to overcome this challenge is to present country condition evidence or expert reports demonstrating the prevalence of forced abortion or forced sterilization in your country, and whether the practice is targeted at vulnerable women (minorities, poor women, etc,).
U.S. law specifically recognizes forced abortion, forced sterilization, and other coercive family planning measures as persecution. Given that these forms of harm are common throughout the world, lawyers should be screening our clients for this harm, and asylum seekers should be including this harm in their applications for protection.
Hey Jason, happy holidays! thx for your instructive articles and spiritual support for all of us! I just got my A5 work permit and my question is if my parents plan to come to the us for my graduation ceremony should they tell customs officer the true purpose of the travel at the airport? previously they entered through the airport customs as regular travelers but due to my status change here, should they come and visit as no relative living in the us just like what they’ve done previously? does the system update my status change? thx!
I would not lie about the reason for the trip – if they do that and the US government knows they are lying, it will result in a denial. In general, I do not think a parent will be blocked from getting a visa or entering the US simply because a child has won asylum. However, they should have evidence that they plan to return home, such as a return ticket, and they should be able to explain that they have attachments back home too – property, a job, other family members, etc. Take care, Jason
Hi Jason,
Thanks for all you do. You were very helpful when I was applying for asylum then green card. My new question has to do with citizenship. My asylum was granted: 09/27/18.
Green card issued with resident since date: 06/30/19.
I thought that since I was an asylee before becoming a permanent resident, the time from 09/27/18 to 06/30/19 (approximately 9 months) would count towards my five-year residency requirement for naturalization, therefore I would be able to apply for naturalization next month (Oct 2023). I did call USCIS and they said the earliest I could apply was next June 2024. The lady didn’t sound sound so sure though so I thought I’d try to get some more information regarding that. Also does that 90 day grace period for applying for citizenship before you have reached the full 5 years count still? Is that still a thing? Please let me know.
Best,
-Jo
The time as an asylee does not count, and so you can apply 5 years after the date listed on your GC, and you can mail the application up to 90 days before the 5-year anniversary. So that is about early April 2024 (assuming you meet all other requirements). Take care, Jason
Im asylum pending waiting for interview waiting for asylum office. I live riverside california and my asylum office is Tustin office ( LA office ). Now im moving to los angeles county long beach . Do i need to change my address with asylum office and how and how do i change my address with uscis also. Will this impact my case or change asylum office. Both riverside and la are in southern california and in LA asylum office. No issue with asylum clock because i have work permit now
It has no effect. You can file a change of address online using form AR-11 at http://www.uscis.gov. I guess if you want to be extra careful, you can email a copy of the AR-11 to the asylum office, but this should not be necessary. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hello Jason,
Thank you for all you do for the Asylum community.
I have a question to ask. I am a Green Card holder through Asylum. When I was an Asylee I traveled 2 times out of US to a third country to see my family using RTD without a GC. I got my GC in 2021 back dated to 2020 then I travel this year using my GC with RTD. So my question is: When applying for Naturalization the part that say give details of any absence in the US since you become have your GC. Am I to include the first 2 travels I made without the GC or just the one I did with GC?
Thanks Jason.
Hi TTE,
Hope you’re doing well. Can you please tell which country did you travel on RTD alone? Your response will be highly appreciated
Hi Pardesi,
I went to a South Africa, and there is no problem at all.
Technically, they only want the travel since you got the GC, but if I were you, I would include them all. I think it is better to give more than they need, rather than potentially make them think you are trying to hide something. This is especially true here, where there seems to be no downside to revealing the travel – you did not go to your country or use your passport. Maybe if the trips were very long, you might check to make sure you have enough time inside the US to apply for citizenship, but based on what you wrote, it seems to me that you are fine. Take care, Jason
Thank you Jason.
Hi,
I have got refugee travel document and planning to go to Canada ( which is not my COP) to visit some friends for a week. Will be there be an issue when i return to US? I don’t have green card yet. I want to know about someone’s experience if it’s ok to travel on RTD without having green card.
Thanks
@DONNA
YOU CAN’T ENTER CANADA WITH ONLY REFUGEE TRAVEL DOCUMETN!! YOU NEED TO APPLY FOR A VISA IF YOU DON’T AVE YOUR GC YET
Hi Adam,
I got the canadian visa on my RTD.
Thanks
I have never heard of anyone having a problem returning from Canada with the RTD, as long as it is valid. I am not sure about using the RTD to go to Canada – I believe the Canadian embassy web site has info about that. Take care, Jason
Hi Jason,
Thank you very much for your reply. Yes, canadian embassy states they do accept RTD, you meed to get visa if you don’t have green card. I was just afraid of coming back to US on RTD.
Thanks
You good donna! As long as the RTD is valid you will reenter! I traveled 3 times to europe last year with only RTD and had no issues at all to return back!
Enjoy your trip
ADAM could you please advise to which countries you traveled to with your RTD? How’s the border control on both side in US and visiting countries, did they asked a lot of questions? Are they treating RTD differently compare to regular passports, thank you
Thank you for letting me know about the visa. Coming back is no problem as long as the RTD is valid. Take care, Jason
Im an asylum seeker. I need to apply advance parole but there are a few issues. First im applying advance parole because i want to go study a course around 3 months in canada. I have asylum case pending with uscis. I have work permit but i dont know when will i get interview. My case pending since 2022 so im in backlog. But another problem is my passport is expired which i will renew after i get advance parole. Do i need passport renewed before applying advance parole or i can do it later. Do i need to file passport details in 131 form. Also will renewing passport negatively affect my asylum case. And where is the proper venue to file i-131 adv parole. Asylum office ( Arlington Asylum Office ) or uscis by i-131 form. Thanks
You have to give a “humanitarian” reason for the travel, and I do not know that USCIS would accept studying abroad as a reason (it may depend on what you are studying). It might be better if you have other reasons as well, such as visiting a sick relative. You can give all your reasons on the application, but you do not necessarily have to go to all the places you said you might visit. I wrote more about AP on September 11, 2017 and maybe that would help. As I remember, the AP document does not contain your passport number, and so it may not matter whether you renew the passport before you apply. However, it can take 1+ years to get AP, and it is sometimes only valid for a short period of time, and so you may not want to wait until you have AP to renew the passport – it may make sense to renew it before you apply or simultaneously with our AP application. Whether renewing the passport will negatively affect your asylum case depends on the case. If you fear harm from the government (as opposed to non-state actors, such as terrorists), you certainly should be prepared to explain why you renewed the passport and why the government was willing to give you a new passport. Finally, to apply for AP, use form I-131, available at http://www.uscis.gov. This form is used for several things besides AP, so make sure you complete the parts about AP and send it to the address for AP (I think you can also file this online). Take care, Jason
Hi Jason,
Thanks for the (sad) reminder that people who need AP need to have a “humanitarian” reason when in fact, traveling while asylum pending should be a person’s rightful freedom (I think you expressed similar views in the past ?)
But…that’s for another day. However, is it that RTD doesn’t impose the “humanitarian” requirement ?
Best
I agree 100% that asylum seekers should be permitted to travel as a right. The RTD does not require any reason to travel – anyone who has asylum is eligible to get that document. Take care, Jason
Hi Jason,
I hope you are doing well. Thank you for helping vulnerable community here.
I have a question. My case is pending in immigration court and yet no court date. I’m physician and well published I’m planning to apply for NIW. However, law and previous data is not clear to be eligible to get the green card in US once case is in the court. Additionally, how much will be safe going to third country for consulate process and coming back to US.
Do you know or have you had any case of NIW and in court for asylum and received his/her GC without difficulty. Thanks
I’m eagerly waiting for your reply on this post. The case is exactly mine and wanted to know if it’s possible. Thanks
hello mr jason,
thanks for all the contents. if an asylum-seeker gives birth in the us, and if she benefits from medicaid for childbirth costs, does it impact the asylum process? i also wonder whether receiving snap/and rental assistance effects asylum process as well. thank you
The public charge rules do not apply to asylum seekers or asylees (people granted asylum), so there is no effect. Take care, Jason
Hello Jason
I was granted asylum recently and I suppose I have to wait a year before I can apply for green card.
My question is very simple: As an Asylee am I able to bring my mistress from my home country to join me here.I would like my favorite mistress to come here and be with me …please kindly advise.
Unless you were married to your mistress before asylum was granted (which I think would make her something other than a mistress), you cannot bring her here. I guess you can marry her, and then file for her once you have a GC. By the way, you no longer have to wait a year to file for the GC – I wrote about that on February 8, 2023. Take care, Jason
seriously ?
I always thought the U.S. allows only monogamy marriage…and discourages infidelity…right ?
Wouldn’t your other mistresses be upset if only your favorite mistress gets to join you in the US of A🤣?
OMG, what a fake question…I wish Jason did not take this type of question seriously…. Please do not keep people busy Lee go ahead and google your questions or ash Chat GPT
Meh. I kind of thought it was a fake question, but I didn’t mind…
Thumb print on i-765 work permit ead card faded is it a problem ? Is my ead still valid for immigration and work purposes.
That sounds like an old EAD. The document should have validity dates on it, and that would indicate whether it is still good or not, regardless of whether it is faded. Take care, Jason
I recieved my ead card or work permit card today but it has a mistake it has my receipt number as my card number. Is it a problem. Normal’y that should be a receipt number. Will that cause problem. My card # is my receipt number with ioe . But my card number # id 1A***********z will this cause problem
As far as I remember, the A number should be on the card. If there is a mistake on the card, maybe you can get a new card – check the I-765 web page at http://www.uscis.gov and look under Special Instructions. Take care, Jason
Hi Jason,
My travel document is approved yesterday and online it shows that we have sent you the approval notice. How long will it take to actually receive the travel document after approval?
Hopefully, not more than a week or two. I think that is the normal time frame. Take care, Jason
Hi Jason ,
Have you seen or heard someone get denied to enter to the US with the green card ? Let’s say before receiving permanent resident status you had an unauthorized work and violated visa but later on you got adjusted and indicated and mentioned that in your asylee base I-485 application. Now with green card , can border control deny your entry and revoke your green card because of past unauthorized work or any other reasons . How risky for a permanent resident(asylum base )with the clean record to travel overseas and be able to come back to the us without any issues . Thanks
I have not heard about that hppening. I guess if the border agent suspects fraud, he could start a process to try to revoke the GC, but that involves going to immigration court and getting a decision from the judge, so you will have a chance to fight against that. Take care, Jason
Thank you for response Jason . Does past unauthorized work on visa cause deny entry even you have green card now ?
I have never heard of that happening, and I do not see how that is possible legally unless there was some type of fraud involved and USCIS discovers that. Take care, Jason
How long ago did you apply ?
Hi Jason
I came form Swidden I have 10 years US visa, I would like to stay here and work here, I have my sister in US as well, who can I stay in US and get a green card , is there any way to stay here in US, while I have Swidden citizen. Please advice me .
Thank you and Appreciated your response
There are potentially lots of ways to stay: work, school, family, and others. I think you need to talk to a lawyer to go over your situation and see your options. You should do that as soon as possible, since it will be much more difficult once your lawful status here ends. Take care, Jason
i finally sued the USCIS today after been waiting for my i-485 for 14 months and medical RFE was received by them 94 days ago but no updates since then!! i tried to expedite and did 3 inquires and even contacted the congressman but unfortunately nothing worked with them at all!!! i hope more folks like me would sue the USCIS like i did today so that they fix the broken immigration system and the future applicants don’t suffer what we have been through!! can you imagine that they approve the new cases like 3-6 months ago really quick while the applicants who applied in 2021-2022-2020 still waiting cause USCIS prefer to approve the newest cases first lol we apparently living in BANANA REPUBLIC that give attention to the newer cases than the old ones that been waiting for years.
Hi, Adam! Congratulations on taking this big step and, hopefully, your case will be approved soon. I am considering doing the same, I have been waiting for my decision for 3.6 years, I contacted USCIS, contacted senators and congressmen, but still no news. Do you mind sharing where are you located, what attorney did you use and how much does it cost? Thank you very much
@Julia
i’m so sorry that you been through this !!! wow 3.5 years waiting that’s crazy wow just wow!!!!
well actually i can’t mention the attorney’s name on here as Jason doesn’t allow that but he is a very famous attorney based in Missouri and it costed me $4702 that included the court and attorney fees!! they asked me to send them all the documents that proves i have a pending case with USCIS and all the documents that proves i tried to expedite and do inquiries first so i sent them everything and he said the case will be filled in the court in the district where i live on Friday morning!!! if i were you i would just sue them all the way to get your GC cause the wait is useless
@JULIA
Did you submit a request for your case being outside of the “normal processing time”? 46 months is a very longtime, I can somewhat relate as my case has been pending for 37 months. The so called time frame is now 30 months, but whenever I try to submit the e-request it says I cannot until 2024! Good luck to us and all else who are waiting 🤞🏽
Yes, I have tried everything. I have tried service requests, tier 2 officer requests, senators, congressmen, I have been getting the same answer from USCIS: “your case is WITHIN processing time, wait”. I have done everything in my power and I simply cannot wait any longer. So I have decided to take the same step as you and sue them. The plan is to start the process next week. Hopefully that will help.
@julia
Do itttt and you will get you GC faster than you think the fedral judge give them 60 days to send you a decision but most of the cases receive the decision in 10-20 days at max! Good luck again and keep us updated as well!
Good luck – let us know what happens. Thank you, Jason
thanks Jason and yeah for sure i will keep y’all updated.
Be patient! Life isn’t all green lights! This comment May bother you, but there are many who wait for 8-10 years to get their papers. Good luck tho. If you’re not stuck in security background checks, you shall get it. And also, wait time per USCIS website is ~30 months.
So when USCIS is finishing the new cases first is that fair? When they send you RFE and tell you that you only have 90 days to answer us or the case will be denied hmm why they aren’t patient?! With these kinda of people nothing better than suing them and forcing them to work on your case and sorry i wont buy it from USCIS like you or anyone else who is waiting for 2-3 years to get their GC no no thanks the law gave me the right to sue this F agency and make them finish my case in decent time and btw most of the courts in USA sees 180 days are good enough to adjust a green card you can look it up on google so no I won’t wait 3-8 years to get my papers as you said no no not me! Good luck if that’s you especially i waited 5 years to get my asylum interview so I won’t take their bs anymore! Thats it
You’re an arrogant person. Simple as that. And lack what it takes. This process is supposed to teach you patience which you didn’t learn thus far. I waited longer than you and yet. You literally scammed the IS government for a visa, came here, applied for asylum, and acting up. Good luck lol
@G
No I’m not arrogant I’m just one of the persons that god blessed me with lots of blessings and i can afford suing the USCIS weekly if i have too! Money is not an issue for me so I protect my rights while someone broke like you can’t afford it and come here to attack the people who just practice their own rights against inhumane federal agency! Me scammed the US looooooool dude i got my approval in 3 days after the asylum interview due to how strong is my case and i even sued them cause i fear nothing they can do anything as backlash to me cause i have no criminal history and my asylum case also one of the solidest cases in they asylum history in the last couple of years and yeah i came by visa not a rat like you came through the borders in the dark nights! Lol you’re so pathetic and i hope nothing but USCIS makes you wait for more years hopefully 🙏!
GH, no! Adam did the right thing! There is no reasonable justification for USCIS to be taking 3-4 years to approve an asylum based I-485 application. That is absurd! The asylee is one of the most vetted person out of all the immigration categories. Once an asylum based GC application is submitted to USCIS, and assuming that the applicant is admissible, which USCIS can determine in a matter of minutes, the GC should be issued in no more than 6 months! In fact, the GC should be automatically issued! The same for EAD renewals! These should be issued automatically! USCIS is simply ineffective- and at this point, I think they are being willfully cruel and inhumane!
Other applicants waiting 8-10 years is irrelevant. If they have the resources, they should sue USCIS. Adam has the resources so he sued USCIS. I don’t see what the issue is.
@JAMIE
Facts! Hence why I want adjust my status and naturalize asap. The psychological trauma can be overwhelming for most people, while some argue that asylee status is great and you should not complain about waiting 4 years for a decision. I am grateful for the opportunity to be able to live and work in this country, however, the system is collapsing and and RTD’s are taking years to be issued. Life ain’t perfect but to be honest all the waiting and uncertainty from the day I filed asylum to this day had been one of the top 3 causes of my worst fear and anxiety or maybe even depression.
@ jamie
Thank a lot for feeling me and yeah trust me i heard an ex USCIS officer on youtube and he was saying adjusting non complicated i-485 usually takes 40 mins when he was working in USCIS field office back in Atlanta so imagine they leave people wait for years for non sense bs
Why you are speaking like this. Money is no problem for you. Why you requesting USCIS. Give them one mllion and apply for invester visa. Or go away from this country but sorry to say you have only money to pay a lawyer. Good luck.
TODAY
Hi Jason,
I recall in one of the previous thread, it is mentioned that the higher up in USCIS is considering doing the EAD for as long as the asylum case is going. Did this idea go any where ?
I just had a conversation with a high-up I randomly met (this is a “benefit” of living in DC), and he basically told me that, but I have not heard anything else about it, and at this point, I doubt it will occur. Take care, Jason
@Jason
Good morning, I submitted renewal for EAD form with $495 on one single check with a copy of current EAD to Dallas last week and this week they returned the application package and said “ payment amount incorrect and has not been provided. “ what does that mean? And what should I do?
Thank you!
You no longer need to pay the $85 biometric fee when you renew an EAD, and so the correct fee should be $410 (check to “Department of Homeland Security”). Take care, Jason
Me and my friend both asylum seekers have questions. My i-765 based on pending asylum status was updated to card was produced today and i received a official mail from uscis that my ead is approved yesterday. When will its status change to card is mailed and when will i get tracking number. It still shows card was produced thats it.
Secondly my friend already has ead from pending asylum he went to ss office and they said bring passport if you want ssn. He doesnt have passport and as asylum seekers cant renew it or they risk case being denied. And also he doesnt have birth certificate. Is it still possible to get a ssn with just a id and i-589 receipt or work permit receipt and work permit approval form and i-766 card ead card thanks a lot
1 – I do not know that the online status will update or when. I would expect you will get the card within a week or two based on those messages. I also do not think they list a tracking number for EAD mailings, though I could be wrong as I do not pay much attention to those online updates. 2 – He should be able to get the SS card. When he applied for the EAD, he could have requested an SS card on the form I-765. If he did not, he will need to try to get it from the SS office – I think the EAD card itself should be enough, though he will have to check with the SS office (or their website) about that. I have had clients who do not have passports get the SS card, and that is pretty normal, so if they denied him, maybe he needs to try to talk to a supervisor, as he should be eligible. Take care, Jason
Hi Jason
I have something similar question I have i-765 receipt that shows my date of birth and i-589 receipt and ead card work permit card. I also have passport which is damaged and expired but readable but photo is washed out plus i have visa inside it intact. And i-94 expired intact I have california driver license and laminated foreign language birth certificate. How to apply ssn and get it approved. Ssa refused me they said they dont accept laminated foreign language foreign birth certificate
When you file the I-765, it gives you an option to request an SSN, and we do that for clients all the time. If you did not get the SSN when you filed the I-765, I guess you will need to contact the SS office to get a card. The documents you have seem more than enough, and so if someone there refuses you, ask for a supervisor, as people with an EAD should be able to get an SSN. Take care, Jason
Dear Jason
Today my green card interview based on asylum was scheduled, im waiting for notice to know more, i just noticed the status changed after 24 months that interview was scheduled,
My question, usually asylee dont get interview,
How comes i got interview? And what kind of questions i will be asked? And how soon i will receive my green card.
Some people get interviews and others do not, so getting an interview is not unusual. They could ask a bit about the asylum case, though usually, if they do, it is only a few questions. Usually, they just ask about questions on the I-485 form. In terms of the time frame, it is really not predictable. Many people do get decisions within a few weeks after the interview, but this does not always happen. You can ask about the time frame at the end of the interview and maybe the officer can give you an idea. Take care, Jason
Hello Jason,
I have a question which is unrelated to this particular post. I did not see a relevant post, and I appreciate your opinion on this.
Would applying for Cancellation of Removal (it has been 10 years waiting for the individual hearing without a court notice) expedite the hearing?
I heard that once we add the COR to the case, they will issue an NTA. Also how generous are the judges when it comes to CORs? Thank you very much!
I have never heard about that and I do not know how you could apply for Cancellation if there is no court case. Until there is a court case, there is no place to file the Cancellation form. Also, if the Notice to Appear (NTA) was already issued, it stops the clock for purposes of the 10 year requirement for Cancellation. You can contact the court to ask about the case. You can also contact DHS (the prosecutor). You can find their phone numbers if you follow the links under Resources called Immigration Court and DHS Office of the Chief Counsel. I would start with them to see if they can advise you about why the case is not yet on the docket (again, assuming an NTA has been issued). Take care, Jason
Hi Jason,
Hope all is well, thanks for your all responses.
I have not got master hearing date yet and not sure how long more time it takes.
I am thinking to apply (labour certificate)through my employer as I am working in restaurant.
My questions are as below.
1.Do I need to withdraw my case or can I do that when my case is in IC?
2. What happens to other members of my family if I withdraw my case ?
All of them got individual to appear in court(above 21).
3. Can I apply through my employer without withdrawal? And we all have TPS status too.
I look forward your response .
Best
Jhampa
1 – I doubt it will be possible to get a GC through employment if your case is in court. Maybe you can get your court case dismissed and then do the labor cert/PERM process and consular process (or maybe you are eligible to get your GC in the US, but that is very rare). You would have to talk to a lawyer about that whole process. I also wrote something about it on August 28, 2018 and September 6, 2018 and maybe those will give you an idea. 2 – They can try to dismiss their cases also, but if you withdraw and they are your dependents, they will need to file for asylum themselves or file for some other relief, or leave the US. You all should talk to a lawyer about how each case will proceed if you choose to withdraw. 3 – If you have TPS, maybe it would be possible. I think you would want to dismiss the court case based on TPS and then try to get a GC based on employment. I think you need to have a lawyer map out the entire process for you in writing, show you where the risks are and whether you need to leave the US, and figure out what to do about your family. It may be possible, especially if you have TPS, but it will likely be difficult. Take care, Jason
Thanks Jason, appreciate.
Hi Jason, Hi asylum seekers!
I did my interview with asylum officer in December 2022. I applied for asylum in Nov 2015. It tool 7 years to get this interview. My question is: how long does it take to get a result? Now is August. I asked my lawyer about expediting decision, but she told me that it’s better to wait because they can send my case to the court. I don’t want to wait another 2-3 years my court hearing. What do you think? Do anyone has anything to share on this matter?
There is no time frame, and no way to predict when the decision will come. We are seeing decisions take months and sometimes years. I doubt inquiring about the decision will have any negative effect, but that is something to discuss with your lawyer, as she knows your case. Maybe filing a mandamus lawsuit could cause the case to be referred to court if the asylum office is unable to complete the security background check, but otherwise, I do not think inquiries or even mandamuses is normally a reason why the asylum office denies a case. I wrote about post-interview delay on June 2, 2021 and maybe that will give you some ideas. Take care, Jason
Hi Atlanta,
We are in same boat according the date you applied and interviewed by asylum officer.
But different is I got my decision on 2022 Dec 21,they sent me in immigration court and still waiting for master hearing.
Hello Atlanta,
From my personal experience, I believe asylum a luck game because I have seen people get a grant two weeks after interview but I had to wait 7 years after interview to get a grant. However, if you have a strong case, I reckon waiting might be your best option though some believe that suing USCIS is the best one.
I filed i-765 after 180 days of receipt of i-589 and i was approved on aug 22 2023. I received a pdf called i-765 c08 standalone approval pdf in uscis account notices but uscis case status never changed from case is received and receipt is sent. What to do ? Today on 28 aug i received official i-797 approval of petition form ead work permit approval notice in mail with united states of america written in header and statue of liberty on logo on paper. But still case status on uscis site is case was received and receipt was sent
When will i recieve ead and status of uscis website change
I do not know why the online status has not changed – I think you are not the only one with this problem, and so maybe it is an issue on their end. Once a person receives the approval notice, they usually get the EAD very quickly – in a few days. So hopefully, it will arrive soon. Take care, Jason
Hi Jason,
We are scheduled to have an interview on September 12th! My sister in Canada was granted asylum with the same case a few months ago. Do you think it would help if I send her approval letter as evidence for our case? Do you believe it could really assist in getting our case approved?
I think it can help, and we usually include information about family members who get asylum in the US or elsewhere. Take care, Jason
Hi Jason,
I have a question and i apricate it if you can share your opinion regarding my situation .
Applied for asylum early 2016 in NY and since then no interview scheduled – then last month i decided to move on with Mandamus and filed so it took two weeks to schedule me interview but USCIS schedule it for June 2024 !!! i was shocked when i saw date , now my question is is there any options to expedite and reschedule that date since i paid over $5k for the service but did not expect to be scheduled after 10months even with mandamus – so i can imagine when i would be scheduled without filing …
Tell your lawyer not to dismiss the case! I was scheduled for September 12, 2023. I filed a mandamus three weeks ago, but my lawyer said they would not dismiss my case until they adjudicate it.
Normally, at the conclusion of a mandamus lawsuit, the asylum office and your lawyer reach an agreement about how the case will be scheduled. Or sometimes, the judge imposes the time frame if the case gets that far. I would talk to whoever helped you with the mandamus to understand how they/you agreed to this time frame. Other than that, I guess you can ask to expedite the date – I wrote about expediting in general on March 23, 2022, and maybe that would help. Take care, Jason
Let you know There is a long line on Mandamus case in Los Angeles Asylum Office as well. I think we would sue USCIS earlier.I applied Asylum in June 2015 in Los Angeles Asylum Office.No interview after doing all remedies, finally I filed Mandamus lawsuit in March 2023, then USCIS scheduled my interview in April 2024, 13 months after filing the lawsuit.
you can check the chart of annual mandamus lawsuit against USCIS and see what has happened since end of 2021.
Hi Jason,
Hope you’re well. My mother currently has a pending asylum in immigration court. If they receive CDPAP home care services at this time, does this fall under public charge and impact whether they would receive asylum in court from a judge?
Thanks
Asylee
Asylum seekers are not subject to the public charge rule, and so even if that is considered a public charge issue (and I do not know whether it is), it would not affect the asylum case. Take care, Jason
Jason, what is the shortest time you have seen lately when green card was approved for asylum? Is it 2 years, no exception?
I do not think I have seen it for my clients, but I have heard about some cases taking 6 months. Most cases are taking 2+ years, though. Take care, Jason
Hi Jason,
I’m applying for green card based on asylum. I came on b2 visa. In the green card application, it asks to provide I-94 number. Should I enter new I-94 that I received after asylum approval or should I enter the one which was given when I entered the US on visa?
Please let me know.
If they want the the I-94 from when you last arrived, use that, but otherwise, you can use the asylum I-94. You can also include a copy of that + a copy of the I-94 from when you last arrived on the B-2 visa. That way, they will have all the info they need. Take care, Jason
Should I be rightfully concerned regarding the EOIR acis makes available the case information as long as a person could come up with an asylum seeker’s A-number ?
Like seriously, I wouldn’t feel comfortable if my employer (for which I know for sure have access to my A-number) can see how my asylum case is progressing and make employment decision based on that. And if it comes in hands in other more evil people, it’s awful…
Is it possible to ask the immigration court to not show our case information ?
I have no idea how you could prevent them from showing the case info based on the A number. But I guess you can call the court and ask – you can find their phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Thanks Jason,
I guess this is an issue of first impression…
just an update on this issue, might be helpful to others:
It looks like there is an option to have them not show, the status will be “case information is unavailable”, guess one will have to request it.
I have a quick question, how soon can I apply for an ead renewal? 180 days or 120 days earlier?
For an EAD based on asylum pending, the soonest you can file to renew is 180 days before the current card expires. Take care, Jason
Hi. Jason,
I obtained my permanent residency through my ex wife who was the principal applicant. We are now divorce. Is that going to affect my N-400 application to naturalization?
Thanks,
As long as you got the GC before the divorce was final, you should be fine and there should be no effect. But I would review the divorce documents to make sure they are consistent with the immigration timeline, as sometimes, the dates on divorce documents get back dated and this makes them inconsistent with your immigration documents (you are required to submit the divorce decree when you file for citizenship). Take care, Jason
Hi Jason,
My wife came to USA two months ago as derivative Asylee(I 730). We submitted employment authorization document (I 765) form during the visa interview back home.
After arrival she got I 94 stating “authorized to work”.
We applied social security card and expecting to have it soon. My question is that can she work with social security card and I 94 or she has to wait for employment authorization document?
Thanks
Once she got here, she became an asylee, and so she is legally allowed to work even without the work permit (see https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/73-refugees-and-asylees). Of course, once she has the card itself, it is easier for employers to understand her status. Also, so you know, she does not have to wait a full year to apply for a green card – I wrote about that on February 8, 2023. Take care, Jason
Hello ,
I hope you are doing well. I would like to ask you about my husband condition , we applied for Asylum in 2015 and had the interview in January 2018 , no decision has been made since that time . My husband has been diagnosed with cancer stage 4 and he had a tumor that affected his optic nerve caused him to be legally blind . He is unable to work due to his disability,my question is he gets SSDI (social security disability income )will that affect his eligibility to have a green card if I apply through my job .
Thank you so much
Asylees are not subject to the public charge rule, and so if he gets a benefit, it should have no effect on the asylum case or–if he is granted asylum–on the future GC or citizenship cases. The fact of this health problem could be used to try to expedite the decision, and maybe you want to try that. I wrote about ways to try to make the decision faster on June 2, 2021. Take care, Jason
Hi jason, just have a quick question. My mom has an asylee status. My brother is living in a different country other than home country. She wanted to meet him but can’t travel by her self. Is there a way that she can request anyone so my brother can get a us travel visa?
He can apply for a travel visa and maybe get that. If your other won asylum within the last 2 years, and your brother was under 21 when she filed and he is still unmarried, she can file an I-730 for him to come to the US, but that takes a year or two. She can also get a Refugee Travel Document and use that to visit the third country if she can find someone to travel with. Take care, Jason
I received a letter in mail today that says we have approved you employment auth application. You will received separate ead . But my uscis case status has not changed . It still says a case was received and receipt notice was sent. What to do . When will status change
Normally, the status would change online before you get the letter, and so I do not know. The fact that the letter was received indicates that you should get the card soon, though. Take care, Jason
HI Jason
I applied for gc one and a half year ago, got medical year ago and since that nothing. I did inquriy and they transffered my case to another local office in florida Oakland Park which is not my local office. Do you know what that means? They transffered case couple days after inqury.
USCIS moves cases around pretty regularly, depending on their work load. We see most such cases taking 2 or 2.5 years, though some go faster. Hopefully, you will get a decision soon, but the wait time so far seems “normal” for USCIS. Take care, Jason
@ Jason
Hey Jason appeal case pending at BIA for almost 3 years. Brief was sent and received last year. No brief received from USCIS to my case. I was wondering if I can write to BIA to ask them to give me decision about my case? My family and I separated for long time without seen each other. Will BIA deny my case if I write to them? Or will they prolong my review of my case?
I do not know why things have slowed down there, but it seems that for some cases, they are moving very slowly. If you write to them, you also need to send a copy to DHS (you can find the link under Resources – the DHS Office of the Chief Counsel) and inform the BIA that you sent a copy to DHS in your letter. You can also include any evidence that you think supports your request (medical report from a therapist about depression over not seeing your family, for example). Normally, your lawyer would do all this in the form of a motion, but you could do it in a letter. I do not see that it would harm the case, and so maybe it is worth a try. Take care, Jason
@Jason
Thank you for the reply. Can you post the link for writing to DHS. Thank you again.
I do not have a link for that, as it depends on the office. You have to look under Resources and follow the link called DHS Office of the Chief Counsel. Probably, they only have a phone number, and so you would need to call and ask for the “duty attorney.” Take care, Jason
hello Jason,
I’m the same person who was complaining about USCIS received my RFE medicals for my i-485 and no response since then and it’s been 85 days so i finally decided to file writ of mandamus soon after i tried to expedite and got no response and also filled 2 inquires but no response as well hmmm my question here at the last inquiry sent me an email said please give us 30 days so the field office which adjusting your case can review your inquiry and that was 14 days ago and got no response since then too so do you guess is it better to file the writ of mandamus as soon as possible no matter what? ?or wait for another 2 weeks so the 30 days that USCIS asked me to wait for get just completed?
thanks,
I think it is up to you. For me, given the vast lengths of time that cases often take, two weeks is not much, and so I would wait and see what happens (though I would not be super optimistic of a response in the “promised” time frame). But that is just me. You have to make your own decision depending on your needs. Take care, Jason
THANKS JASON,
yeah, i will wait for another 10 days only then i will sue them so on sept 5th I’m filling the writ of mandamus! sadly i never wished to sue the USCIS but they’re forcing me to do that and i have no other options! i waited 5 years to get asylum interview and now another 13 months to get GC and nothing yet so i can’t buy it anymore from them as the waiting game is hurting my mental health in a bad way.
my question is my attorney is never a big fan of suing the government and she stopped me from filling writ of mandamus to get asylum interview earlier so now i don’t want to tell her that i will sue the USCIS in 10 days so is there any way she will know about that? she is the one filled my i-485 but i will file the writ of mandamus with a different attorney specialized in suing the USCIS.
i hope that the USCIS makes a miracle and send me a decision in the next 10 days before suing them but honestly i just lost the hope that will ever happen without forcing them to work on my case by filing writ of mandamus.i will keep y’all updated.
I understand why you don’t want to wait any more, but I highly recommend you tell your I-485 lawyer. It is not her decision whether to sue or not, but she should be kept in the loop, as it is not a good idea for her to be surprised by USCIS – with a request for evidence, an interview or some other action (this may or may not happen, but she should be prepared in case it does). Take care, Jason
Hi Jason,
Thank you for all the assistance you render to us.
After 5 years of filing for Asylum I was referred to court on May 9 2023 which hearing or first appearance is coming up in 2026 November.
This has made me weak and confused so waiting another 3.5years to go to court after total of 7 years in this country.
I want to ask,is there a way I could expedite the case before 2026?
Could be case be called for a review?
Can I file for any other option like R1 as a religious worker (Pastor) ?
I have my own ministry here I Registered it and run online for over 2 years now.
Please Jason or anyone with similar experience can respond.
Thank you
Emmanuel
You can file to try to make the case move faster. Some courts are faster than others, but I am surprised that your date is so far away. Most court cases that we see take 6 to 12 months to complete. I wrote about making the case faster on April 20, 2017 and maybe that will help. Whether you would be eligible for an R-1 visa or some other visa, I do not know, but most people in court would not be able to get this without leaving the US (and whether that would even work depends on the specifics of your case). I wrote something about this issue on August 28, 2018 and September 6, 2018, but you would need to talk to a lawyer to have them review the specifics of your case to see if there are any other options. Take care, Jason
My application for i-765 was received by uscis on aug 10 and notice was issued on aug 14 2023. I received receipt on aug 19 . And i got approved on aug 22 2023. This is for initial c(8) asylum pending work permit i applied on 165 days and uscis received it on 170 days and i got approved on 181 days of ead clock days. But the status on uscis case status website stills says a case was received and receipt was sent. And also on uscis account, it says step 3 receive decision on your case and uscis online account also show a case was received and receipt was sent but in documents in uscis account it says i-765 c08 standalone approval.pdf and inside it it says ead has been approved . Notice type : Approval notice valid from aug 22 2023 to aug 21 2025. I am confused what it means
I do not know how well the online notices work, and so maybe there is an issue with that (though I am not really sure I understand the question). However, it sounds like the card was approved, and so you should receive it soon. Take care, Jason
Am a US permanet resident through asylum and i plan to travel to a third safe country using Emirates airlines.
I have US refugee travel document, can I transit through Dubai using this travel document?
I understand the UAE doesn’t recognize the refugee travel document but my layover in Dubai for my connecting flight is 2 hours.
I do not know, as it depends whether you need to show your passport when you get there (for example if you need to pass through customs to get from one terminal to another). If you have a passport, bring that with you too. You might also try to ask the UAE embassy to see if they can advise you. Take care, Jason
When can i expect my asylum interview ? Case filed in feb 2023 just received ead. Been 190 days since i-589 receipt. My office is Los Angeles Asylum office. If i move my case to lets say chicago or arlington asylum office will i get interview faster or i will be in lifo policy and get faster interview or it wont matter.
I do not have much info about LA, but it seems to me that all offices are slow/not moving. If you did not get an interview by now, you are probably in the backlog, and so there is probably no way to predict when you might get interviewed. You can try to expedite the case – I wrote about that on March 23, 2022. Moving to a new office is unlikely to help, as both Chicago and Arlington are barely moving. Take care, Jason
good piece as always.
It’s interesting to learn the “other serious harm”
May I ask this “other serious harm”, is it a lower severity threshold compared to a future persecution ?
The severity of the harm must be the same level as for “regular” asylum, but there is no nexus requirement. In other words, if you are persecuted for any reason at all, that could qualify you for other serious harm asylum, assuming you meet the other requirements, including previous persecution based on a protected ground). Take care, Jason
Okay, thanks Jason.
I guess this means the “other serious harm” is interpreted as “a nexus-less persecution”
You could look at it that way, as long as you were previously persecuted based on a protected ground. Take care, Jason
Hello Mr Jason,
I pray that you and your family are doing well. Please Sir I have question regarding form I-131 application, ( I was asylee petitioner to my wife and she just enter in USA with category YY.
On the I-131 page1 question 6: class of admission ( I don’t know please help)
Thank you so much for all your supports
I think she entered as an asylee, and so I would put that. Take care, Jason