Last time, I wrote about the Ombudsman’s 2023 report and the state of USCIS. Today, we’ll look at what the report says about how USCIS is responding to its many challenges.
In its report, the Ombudsman notes that USICS is employing a number of strategies to address its current woes. These include “technology solutions (including expanding online filing), processing innovations, and traditional efforts such as increased hiring and training.”
The agency has also made deliberate decisions to prioritize some types of cases over others. “Those adjudications that appear to have been given the highest priority included employment-based immigrant visa adjustments and naturalization applications.” “These decisions, however necessary, came at a price.” “USCIS is a fee-based agency with finite resources.” “The determinations to prioritize certain applications and petitions meant that other workloads could not be addressed as robustly as the priority programs.” “Many of those case types that were deemed lesser priorities continued to be worked at a slower pace, with fewer adjudications being completed… increasing backlogs in those areas.”
The “de-prioritized” cases include Green Card applications for asylees, under the logic that “Refugee or asylee adjustment applicants can maintain employment authorization by virtue of their status,” and so there is less urgency for them to obtain permanent residency. I suppose that is true, but given that this population has already been subject to a thorough interview and background check, I wonder why Green Cards can’t simply be issued with only a minimal review (to check that the applicant has not committed a crime and meets the physical presence requirements).
In terms of USCIS’s asylum caseload, there is little good news. In last year’s budget, “USCIS was given funding by Congress to hire new asylum officers for both the new processes [at the border and the various humanitarian parole programs] and to assist in driving down the backlog.” “This was especially welcome funding, as asylum officers continue to experience a relatively high rate of attrition.”
Even with the additional funding, the Asylum Office made little progress on its affirmative asylum case load. Between October 1, 2022 (the beginning of FY 2023) and March 9, 2023, “USCIS has completed approximately 16,200 asylum cases.” During this same period, the agency received 164,000 new asylum applications. By my math, this means that the Asylum Office is completing one case for every 10 new cases it receives, which is hardly a recipe for reducing the backlog.
The situation is likely to get worse before it gets better. USCIS expects “a significant increase in asylum applications from individuals with expiring humanitarian parole.” “If USCIS ends up needing to prioritize asylum applications from humanitarian parole populations… the Asylum Division would have to shift resources to address these priority filings,” and the agency simply does not have the capacity to take on this extra work and fulfill its other obligations, including interviewing affirmative asylum applicants. Also, as temporary additional funding from Congress comes to an end, the agency will have to pay for “its humanitarian workloads almost entirely [through] its fee-paying customers.” We’ve been hearing rumors about increased filing fees (especially for employment-based applications), and that seems likely, as USCIS has no other way to fund its humanitarian programs.
Whether increased user fees will be enough to meet the agency’s needs, I do not know. The Ombudsman notes that implementing the various “humanitarian parole programs without additional funding puts a strain on the agency’s resources [and] USCIS has been open about how it cannot maintain adequate service levels with its current level of resources without lasting impacts on operations.”
So what can USCIS do? The Ombudsman makes a few recommendations. One not-particularly-realistic idea is that “DHS, its supporters, and its stakeholders should continue to advocate for some form of appropriated funds [from Congress] to address USCIS workloads caused by humanitarian parole programs.” If the world were a more rational place, Congress and the Administration would come to an agreement about who qualifies for asylum and how many people we should admit to our country, and then they would provide the appropriate resources. But we do not live in that world. Congress is polarized and Republicans seem to be gaining a political advantage from the current influx of migrants. So there is no incentive to reach an agreement and it seems impossible that any more money will be forthcoming for humanitarian migrants.
A more realistic suggestion from the Ombudsman is to take a group approach to asylum cases. The U.S. government already recognizes a humanitarian need to protect certain nationals–people from countries where we offer Temporary Protected Status or some type of humanitarian parole, for example. Perhaps, the Ombudsman suggests, “USCIS can consider the distinctive characteristics of these populations… and categorize each group to improve the asylum case preparation process.” If the Biden Administration really wants to help migrants and reduce the asylum backlog (which currently stands at more than 842,000 cases), why not simply grant asylum to applicants from countries that we deem dangerous? Such applicants would, of course, be subject to a security background check and a brief interview. But there is no need for a full interview about asylum eligibility for people from countries like Afghanistan, Syria, Sudan, Cameroon, Haiti, and Venezuela (to name a few), where our government has already determined that protection is warranted. In addition, nationals from certain other countries–countries that are not currently designated for humanitarian protection–should not need full interviews for asylum: Eritrea, Uyghurs from China, and Iraq, for example.
With limited resources and no real hope of additional funding from Congress, the Biden Administration is going to have to make some difficult choices about its immigration priorities. But creative ideas are out there, and if the Administration is willing to be bold, progress on USCIS’s backlogs is still possible.
Hello Jason;
I filled N-400 in May 2020 and interviewed on August 4th 2022, but a decision was not made and then got a second interview in December 2023, but when I showed-up they told me the system scheduled it the interview and we will let you the decision in two months. Now, my status shows things are taking longer then expected.
Please advise me on this.
Thank you!
It is very frustrating. It sounds like you are outside normal processing times and you can make an inquiry at http://www.uscis.gov. If that does not help, maybe try the USCIS Ombudsman (there is a link under Resources). You might also try your Congressperson – there is also a link under Resources called House of Representatives where you can find that info. Take care, Jason
Hi Jason, I have been following your website and everything that you do for so many years now..
I have applied for asylum in 2013 and after a long 10 years I finally have got an interview last year in Denver that is field office for Houston.
13 months after interview and still no decision on my case.
Talked to my lawyer and he proposed suing the government to give me decision on my case.
I have 2 problems in my head with that, first on is if I am going to have any negative consequences? And the second that my lawyer fee is outrageous to represent me and sue the government jus to give me decision on my case. I already gave that firm a lot of hard earn money to represent me.
Is there any way I can contact asylum office personally to ask about decision or can I go through ombudsman and ask for help?
Also my work permit is expiring soon and I am not sure if I can and should apply for new one since I am in this weird position right now.
Thank you so much for everything that you do
Milan
First, I would apply for the work permit, since you need to do that before the old card expires in order to get the automatic extension. If you do not have a valid work permit or extension, you are not legally eligible to work. Second, I think that it is unlikely a mandamus lawsuit would have negative consequences for the case. While I think that is not impossible, my general experience is that it has no effect (other than to get you a decision). Before you file a lawsuit, there are other options to try, which you can do yourself. I wrote about that on June 2, 2021. If those ideas do not work (and there is a good chance they won’t), you can file a mandamus lawsuit. The mandamus has no real relation to your asylum case, and so it really makes no difference if you use a less expensive lawyer or do the mandamus yourself. In other words, the lawyer who files the mandamus does not need to know much about your asylum case, other than the fact that the case is very delayed and what you have done to try to resolve the delay. So maybe you can find a less expensive lawyer for that piece of the case. Take care, Jason
Hi Jason,
I have granted asylum since 8 months, i have applied for the green card and submitted the form ( still pending) , i recently got married with someone in the United States who is on F-1 visa. How can i sponsor her green card ?if she drops from her school can i still sponsor her after i get my greencard ?
You cannot sponsor her until you have a GC (an asylee can only sponsor a spouse if he is married at the time he received asylum). It could take 2 years or more to get a GC based on asylum. If she is still in status at the time you sponsor her, she should be eligible to get her GC inside the US. But if she is out of status, she probably needs to leave the US to get a GC. I would talk to a lawyer to see your options and make a plan, as there are many variables. Take care, Jason
Hi Jason
1. I wanted to ask you for some advice. If we need our family members to visit us on a visit visa.
They fill up the application or we help them filling up the application does it matter ?
2. Please help us understand why the visa officer said to my parents that your son is gone on B1B2 visa to USA so we cannot give you the visa because you might also stay there and never come back. Can they say that?
3. Isnt it good to tell the truth that we live here in USA or is it good not to tell them that we reside here and let them apply for the visa without mentioning our names on it.
4. The officer has told my parents we are living here and we are illegals. We are not illegals here we have work permit and work for companies and pay our taxes. Is the visa officer doing something wrong here, is he being a racist?
5. If we apply for the visa second time are they going reject the visa again ? ( they did through an interpreter) The interpreter at the start of the interview process look amazingly negative with all his questions.
6. Can we send our work permit cards and drivers license to parents so they can show it to the visa officers at the interview time?
My parents are very elderly and I needed to see them and so they could see my kids as well.
I made it easier for you to reply to me by numbers so that you dont need to type alot.
Many thanks Jason for helping us always
Unfortunately they not gonna get a tourist visa even if they apply 10 times and you attach your tax statement/etc.
I suspect only option is to win asylum, get GC, get Citizenship and then they can try to get tourist visa.
I went through similar denials from my parents. Consulate don’t care if you have work permit or not. Plus if you get referred to the court all time your were waiting for your interview will be counted as unlawful presence. Just a cherry on top…
You sound extremely pessimistic. That is not a true statement at all. Because my mom and sister have come to visit me 3 times now. They have also appled for the visa 2 twice now and got twice in the last 8 years. This is my husband side of parents and we are having issues with the country they live in.
Well, you’re very lucky, or country your are from being treated with higher respect.
I’m just describing my experience. My partner is not on the case, but parents were denied in visa as well. They traveled across the whole globe and have a very big an successful business at home, but they were told by officer in consulate that “they gonna stay in US illegally”.
Also there is an undocumented guy who lives here in US, he got married to a lady from thailand and invited his parents from India. They got the visa we all attended his wedding and they went back to.
It depends country to country and thats why i raised this question to see if Jason has an insight to it.
Hello Jason
Hope you doing good, i was your client if maybe you remember we got asylum in court in June Judge de Cordona.
I got i94 for me and wife through info Pass USCIS. Today i got another i94 from USCIS through UPS courier for my wife and the number is different now I don’t know which one to use? and i didn’t get any. The officer told me at the info pass that i will get work permits in few weeks but didn’t get it yet. Does the new i94 means work permits are to follow? I am confused.
Thank you for what you do for Us.
I am not sure why that happened, but I would keep both I-94 documents. Hopefully, you will get the work permit soon, but if not, you can file for it using form I-765, available at http://www.uscis.gov (category a-5 for asylum granted). Also, asylees do not need a work permit to work (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), though it is more convenient to have the work permit. Take care, Jason
1 – I do not see why it matters, as long as they make sure it is all correct before they submit it. 2 – If they think a person will violate a B visa by remaining in the US longer than allowed, they will deny that visa. If a close relative has overstayed a visa or filed for asylum, it might make the consular office think that the applicant will do so as well, which will cause them to deny the visa. 3 – If it asks for family members in the US, they need to provide that info. If the US government discovers that they are lying about something on the visa application, it will be denied (and they could face other immigration or possibly criminal consequences). 4 – I think he is doing something wrong – especially if you have a pending asylum case. That should be confidential and they should not reveal it. 5 – Probably, but if they can make the application stronger, maybe it will be granted. There are lawyers who assist with visa applications and maybe they want to talk to someone like that. 6 – I certainly would not send originals, but you can send copies. I think this will not help, but maybe talk to a lawyer to see how to strengthen the application by providing evidence that they will return home after their visit, such as proof that they own a home, car, and other property, that they have other family in their country, that they have jobs in their country, etc. Take care, Jason
I received ssn . I have pending asylum. My ssn says my name as first name then down last name . It is not in same line. My first name is in first line and last name down it. Is it normal or the name on ssn should be in one line. Like my name is Guriqbal Singh. My ssn says Guriqbal
Then Singh comes in down line underneath Guriqbal. Or it should be like Guriwbal Singh in one line
@Gur
Don’t worry you good Its normal SS card does say first and middle name in first line followed by last name in second line if you google SS card image you will see.
I don’t know, but if your name is all correct, I do not see why it would be an issue. Maybe if you are worried, contact or go to the SS office to make sure the card is all correct. Take care, Jason
Hi Jason,
I am a DACA recipient, and I have the Advance Parole Document. I recently left the US to go to my home country for two weeks. Now, I am considering changing the flight to return to the US a few days earlier than my original ticket date. Will changing my return date to the United States to return earlier than the originally scheduled travel date potentially cause any issues with customs or immigration?
Thank you.
I can’t see why that would cause any issues at all. I guess if anyone asks, you should be prepared to explain why you changed your plan, but I can’t imagine that anyone would ask. Take care, Jason
Hello im waiting for my interview at LA asylum office. Its been 7 months ( since feb 2023) i have work permit and ssn. How long can i expect to wait for interview. Am i in backlog since its been more than 21 days . If i move to new york or virginia etc lets say and change asylum office will that result in faster interview scheduling .
Many people are waiting for 7 years…
I applied in June 2015, the same LA asylum office. I am still waiting for an interview. I am on my 4th EAD. Join the line …….
No one knows the answer, and moving will probably not get you out of the backlog. I did a post about expediting on March 23, 2022 and maybe that would help. Take care, Jason
Hello Jason,
Thank you so much for keeping us informed though this system has not been treating us fairly. I am now shocked to hear that The “de-prioritized” cases include Green Card applications for asylees whereas we have lost the joy of living and the beauty of life due to the long wait. How come after waiting for over 10 years to get your cases approved and as soon as you file for green cards your category becomes “de-prioritized? This is so sad and I now wonder whether human intelligence can get foggy at a certain point or it is just matter of bad faith? We have very smart people in this country but how come no one is coming up with workable solutions to these issues? If I better understood USCIS plan, we guys may be stuck in the backlog for ten more years to get a green card? This is insane. Politicians from around the world don’t have hearts instead they have rocks. Instead of them to come up with solutions, they have been doing all their best for the incumbent regime to fail. Life can be crazy!!!
GCs for asylees are taking about 2 or 2.5 years (not 10 years). There is no reason for this – since such people have already been interviewed, the GC should just issue automatically or very quickly. But that is not the system. I do think they are trying to make the system better (as opposed to the last administration, which was trying to destroy the system). However, they seem unable or unwilling to take bold, creative steps to make real improvements. Take care, Jason
Hi Jason,
If someone gets approval by IJ, for Work permit has to send the renewal form right? Its not possible to file online, my question is how much take time to get extension recipe after sending that form?, and is there 560 extension days like c08 or no?, thank you so much.
There is a new policy where people who win asylum in court will automatically be issued a new EAD based on asylum granted. However, I have not seen that in any cases since the new policy supposedly went into effect (a few months ago) and I doubt it is working. IF you win asylum in court, you have to Google “post order instructions in immigration court” and follow those to get a new work permit. If that does not work, you can apply for a new work permit using form I-765, available at http://www.uscis.gov. The category for asylum granted is a-5. There is no fee for the first such work permit, and if you renew, there is currently a 540-day automatic extension (though supposedly that will be changing soon). We wrote more about asylum grants on May 16, 2018 and December 15, 2021, and maybe those posts would help. Take care, Jason
Thank you so much, do you how much take time if i go social security office and change my SSC cause if i get that i do not need anymore work permit cause employers just need SSC and id if yes, do i need just IJ granted form?
I do not know, but I doubt the IJ grant order is enough. You are supposed to follow the “post order instructions in immigration court” and get the I-94 and the new work permit based on asylum granted. You can try going to the SS office to see if the order is enough, but I think you will need those other documents as well. Take care, Jason
Hello Jason,
Thank You for supporting asylum seekers and answering questions & conerns!
I moved from delware to connecticut and my delaware driving license expired becuase authorities in connecticut DMV has a law that work authorization is not enough , if your asylum case is not approved then you will need to bring your valid passport along with work auth to get the license. my passport expired long ago and I cannot renew it because I am seeking protection from authorities in my home country. I contacted local representatives they tried and made an effort but got the same answer from DMV , I dont know if I can change their law.
I have no other option but to use one of the address in new york to get the driving license since they accept work auth and do not demand that passport should be valid.
do you think this is OK to do ? since in one of the email replies from local representative they also mentioned if you can get it from delaware then get it from there i.e if i can renew it from delaware at that time but now its not possible because of the timeline.
I will appreciate your advise on this.
Thanks
Kim
Unfortunately…No laws prohibit states from not issuing driver licenses to asylum seekers…
So if they don’t want to issue…then…
I am really not sure that this is the case. I think the problem is usually that DMV workers do not know the rules and improperly deny licenses to people who are actually eligible. Take care, Jason
8 usc 1621…
It looks like states could decide for themselves whether to grant and how an asylum seeker can receive state ids, driver licenses…which are considered benefits…
so if a state requires a passport or EAD and deny a renewal receipt…There is nothing that can be really done…
I have no idea about this, and I would caution against drawing a conclusion from the statute itself, since there may be other laws or regulations or court cases that apply. Take care, Jason
I am surprised that you cannot get the DL without a passport, as there are many people with work permits and no passports. Maybe you want to talk to some non-profits to see whether they might sue the DMV on your behalf (and for others as well) to get this rule changed. I did a blog post on September 22, 2016 with a link to local non-profits by state. You might also talk to a lawyer who knows about driver’s licenses to see if they can help you, and to be sure that this actually is the rule in Connecticut. If you have to use an out of state address, keep a copy of all your communications and efforts about this problem, and also keep evidence that you live in CT. That way, you will have evidence if the Asylum Office questions why you have an out of state address. Take care, Jason
Hi Jason,
I applied for the i485 through asylum in March 2023 but I am still waiting. I have health-related issues and need to get my greencard as soon as possible. Is there a way to expedite the process? Thank you!
It is not easy to expedite, but a health problem can be a basis to expedite. I wrote about expediting on January 29, 2020 and maybe that will help, but basically, you will need to call USCIS at 800-375-5283, try to reach a person, and ask about expediting. You should have some evidence about the health issue and why expediting the process will help improve your health situation. Take care, Jason
Hi Jason,
I am an asylee and my wife and son got their i-730 approved last year. I am now filling form i-485 for them. I have two questions:
1. Under the section that asks about immigration category (part 2), questions 3-9, talks about principal and derivative applicant. In number 5, it says if you are a derivative applicant, write the principal applicant’s information. Is this applicable to someone filing as an asylee (derivative), if so, do I need I to put my details there as principal applicant?
2. For my son’s form, I will sign it but do I need to add myself as preparer?
Regards,
Grateful Asylee
1 This question was never really clear to me, but for derivative I-485 forms, we leave it blank. Although the person is a derivative asylee, the person is the principal applicant on the I-485 and so I think there is no need to include info about the principal asylee. At least this is how we have always done it and it has never been a problem. We do include a copy of the original asylum approval and the relationship documents, to show that the person completing the form is a derivative asylee. 2 – If you prepared it, you should list yourself as the preparer, yes. Take care, Jason
After my ead came ( pending asylum ) i went to ssa office and applied ssn and it said in 2 weeks i should receive it. I got a receipt. Now its been 3 weeks still no ssn card what to do
I think the only thing to do is to contact the SS office again and see if you can get them to issue the card. If you have the EAD, you should be eligible for that (and you should have gotten it automatically if you filled the appropriate part of the I-765 when you applied for the EAD). Take care, Jason
Hi Jason,
I am a DACA recipient and recently got approved Advance Parole Document (it was approved for one single entry and ONE parole day). I know the one parole day means I can only be paroled once in the US using the AP but can I board the plane in my country at 11pm and arrive in the US at 4am (essentially that’s 2 different days).
Thank you.
I can’t imagine that this would be an issue – it sounds like AP is valid for one entry, and the inspection to board the plane should not count as an entry, so I think you will be fine. Take care, Jason
Hi Maria, my response is unelated to your question. A federal judge in Texas has just declared DACA illegal. I am not sure if having the AP document guarantees re-entry into the US (especially since the status you have was, unfortunately, federally declared unlawful). If I had DACA status, I’d put all non-urgent international travels on hold until the federal judge’s judgment is overturned or reversed.
Why do daca people not go back ?
@Jamie, yes he has declared it illegal but unless my memory fails me, this is the second time he has delivered such a ruling. In 2021 he declared it illegal but did not stop it. Dreamers are still applying and getting APs (their processing times are shorter than asylum applicants). This issue ill definitely end up at the Supreme court. So i think Maria will be safe to travel with the AP.
Shocker, I know. I still wouldn’t leave the country, unless I absolutely have to, with a status that is in legal limbo or mired in uncertainty. I think it’s fair to say that DACA, unfortunately, is in political, social, and legal limbo. A such, DACA recipients, especially when a federal ruling or decision is made, or is about to be made, on DACA. You should understand that CBP officers are not always knowledgeable- or they can be jerks- about the complexities and details of some of these decisions and statuses. I also understand that living in constant fear and uncertainty is debilitating. As such, it is up to the person to decide if leaving the country is worth it.
Edit: “…As such, DACA recipients are to be extra vigilant and careful, especially when a federal ruling or decision is made, or is about to be made, on DACA…”
Hi Jason,
Quick question, my case is keep post ponding cause background checks are not completed, my question is if the DHS attorney has been change or for any reason the other DHS takes over my case what will happened to my case will i be asked new questions? cause the current one told the judge no more questioning and also last time was her last request for continuation, please advise.
There is no guarantee, but normally, if the DHS attorney has indicated that they have no further questions, that will not change, even if there is a new DHS attorney. Take care, Jason
Thank you so much, what about we were told that was the last request for continuation? if the new one takes over can change their word?
May I ask what the basis of your asylum claim is ?
Converting religion.
I imagine they will try to not ask for a continuance, but if there is some need for one, maybe they will. In general, though, if one DHS attorney makes a statement, the others should follow it. Take care, Jason
Hello Jason,
For the last 7 years I’m following your website and I would like to thank you so much for all your support.
After 7 years of waiting finally I have been granted Asylum in USCIS.
Asylum office sent me the new I-94 card but I found one of my kids they did a typo on the last name adding extra one letter in the middle of the last name and extra one letter on the middle of the “middle name”
And when I checked the approval notice I found they did the same mistake.
I checked the SN card it is correct and also the first EAD they issued back in 2016 it is correct I also checked the application and the name is correct.
So they did a mistake when issuing the Approval notice and the i94 and when I received the new EAD they issued after the approval they have the incorrect name also.
What is your advice on this case pleas?
Thank you,
I would start by contacting the asylum office and letting them know about the error. You can find their email if you follow the link under Resources called Asylum Office Locator. If that does not work, you can try contacting USCIS about this (https://egov.uscis.gov/e-request/Intro.do) – there is a link there to correct a typographical error. Take care, Jason
Hello Jason Im a truck driver. I have pending asylum and work permit. I wont get interview from uscis in next 10 years and my whole family lives in canada and i feel i wanna live with them. There is a province in canada which offer me permanent residence bcuz i meet there requirements and i have to get it from province first then canada will give pr to me ( canada immigration is much faster and easier and usa sucks big time bcuz of both parties playing games with immigrants etc. ). But in order to complete all this, i will need to briefly go to canada and get my cdl from canada come back to usa then apply pr for canada from usa.
I cant exit usa if i exit i wont be back. Can i at least try to apply advance parole based on pending asylum and temporarily exit usa and go to canada then come back complete pr process and exit usa for canada for good. Will uscis grant me advance parole in my situation. My situation is different.
You can try to get AP for this reason – I wrote more about AP on September 11, 2017. If you get AP, and have permission to go to Canada, you can go there and return while AP is valid. The problem is that it normally takes 1+ years to get AP. Also, you need to give a “humanitarian” reason for your travel, which I discuss in that article. You can try to expedite the AP. I wrote about expediting in general on January 29, 2020 and maybe that would help. Take care, Jason
Hello Jason,
I have received a PR card for Canada and am about to travel there, my asylum in the US has been pending for 8 years now and recently got differed to court.
Since I just got a Canada PR am just thinking of withdrawing my case and move to Canada and move on.
Question:
1. Do you recommend me to withdraw the case before I leave for Canada or after I have already left and entered Canada?
2. In case I leave without withdrawing the case before, what would the boarder ask me as documentation when I leave the US?
3. If I withdraw my case, will I ever be given a US visa if I wish to apply for one ? Since my data might show as a previous asylum seeker, would they be able to give me a visa to come to the US? Or after I withdraw, my chances of getting a visa are low due to “overstay during pending asylum ”
4. Can I maybe just leave the country, let my case continue and let the lawyer defend it in court, and if I win come back? Or I need to be present, I really do not care much since I have now a safe country (Canada) where I can live with no fear anymore.
5. After 3 years living in Canada , I might be a citizen of Canada , which mean I can travel to the US with no visa, would there be any problems in the future given I was an asylum claimant in the US and got stopped at the boarder maybe?
Thanks for your guidance.
If the case is not in court, you can withdraw (I wrote about that on December 7, 2022, but that will not work if your case is in court. You have to either file a request for voluntary departure or PD (prosecutorial discretion) dismissal so you can leave the US without a deport order. If you do not do that, and get ordered deported, it will be much harder for you to return to visit the US, and you could potentially be barred from returning for 10 years. If this is important for you, I would find a lawyer to help you navigate the process. As to your questions: 1 – Yes, you must close the case before you leave or you will probably be ordered deported. 2 – I doubt you will have trouble leaving, but you will probably not be able to return, at least for some years. 3 – If you do not get a deport ordered, it will be much easier for you to get a visa in the future. 4 – I would try to withdraw the case before you leave – your lawyer can file papers to try to do that now. Maybe if you leave, the judge would be willing to dismiss the case, but most judges will order you deported, and this will make it much more difficult to return. 5 – If you have a deport order, you will likely have trouble returning legally to the US even if you are a citizen of Canada. You may be able to overcome that problem, but if you want to return, it is far better to take action now and try to avoid a deportation order. Take care, Jason
If you don’t mind can you tell me how you got Canadian PR? It’s been more than 7 years my asylum case is pending. I am really so upset and exhausted and dealing depression. If you don’t mind can you tell me please please please.
Thank you 🙏
Each case is different, and so even if this person tells you their path to status in Canada, it may not help you. I recommend you talk to a lawyer in Canada to see whether there are any options. Take care, Jason
Thank You Jason.
@ASYLEE
Hello, Jason And Asylee. First I would like to say thank you to Jason for your help our Community and would like to say Asylee congratulations for your PR in Canada. If you don’t mind I also want to know your Canadian PR process. How you got it? Is there any specific visa that you applied? My case is pending since 2016. However I am curious cos my wife lived in Canada and she came through student visa. She completed her masters over there and she already applied for PR. But it was canceled. Don’t know the exact reason. If possible help me your opinion about your PR and other things which I may really need.
Thank You so much!
I have been aware that there are some individuals writing to USCIS claiming that what I said in my asylum application is all fake…They are clearly trying to derail my asylum application…Should I be worried ? and is there anything I could do about this ?
I would document as much as you can. How do you know this? If there are written communications, keep a copy. If you think they are doing something that is criminal (such as trying to extort you for money or lying to the US government), maybe you should talk to a lawyer or the police. Take care, Jason
Thanks ! I am always in a state of panic…
I have a Refugee Travel Document. I am about to apply for the green card as it has been almost 2 years since I got approved for the asylum. Can I travel with my Refugee Travel Document while my I-485 application is pending (I believe I can), but the main question is do I have to apply for the advance parole at the same time as I apply for the green card (I heard if I don’t then the I-485 application might be considered abandoned after my return)?
Thank you.
You can travel/return to the US with the RTD as long as it is valid, so that is no problem. You do not need AP as long as the RTD is valid, and I do not know whether USCIS would give you AP based on the pending I-485, as that is not the appropriate document for someone with asylum. Unfortunately, the RTD is very inconvenient (I discuss this in a post on May 25, 2022), but that is the document asylees are supposed to use. Your better bet is to file to renew the RTD – you can get a free RTD when you pay the fee for the I-485. The problem is that you are supposed to send the original RTD to USCIS if you apply for a new RTD before the old one expires (you can try not sending in the original and maybe USCIS will ask for it later on, but I am not sure whether that will work). Also, it takes 1+ years to get a new RTD. Take care, Jason
Hi Jason,
As I remember, you once wrote that asylees with approved asylum claim could start applying for asylum-based green card about half year after the grant of asylum — is it still the case? thx
That is what I am recommending (and other lawyers seem to be saying the same thing), but you can apply earlier or later than that. I wrote about it on February 8, 2023. Take care, Jason
Hey MEI,
I applied for my green card 4 months after my asylum was approved. I received the notice for fingerprints two weeks later and I am already fingerprinted. So, I believe that you can apply as soon as you have your case approved.
Interview Experience: Yesterday, we attended our affirmative interview after 6 years. We waited for 4 hours to be called for the interview. We had a horrible experience; I would say it was the worst experience of my life. The interview lasted for 3 hours and felt more like an interrogation than an interview. The officer was super rude and did not allow me to speak, even though I was there as a dependent. Not sure this is something common or not!
Normally, the dependent is not even in the room, so the fact that you were present for the interview is a little unusual. It is also unusual and completely inappropriate for the officer to treat you badly. I recommend you write down everything that you felt was improper. Even if you do not ever need this information, it is good to have it and to write it down while it is fresh in your mind. If the decision turns out to be negative, having a written record might be helpful for any future case. I do not know whether it is a good idea to complain before the decision, but maybe you want to talk to a lawyer about that. I did a blog post related to this problem on March 5, 2019 and maybe that would be of some use (though mostly it is about what to do during the interview; it does briefly discuss complaints). Take care, Jason
Hello Jason,
Thank you for the assistance you have been providing us. It has been six years since we filed for asylum, but we have not yet received an interview. We are considering taking legal action against the asylum office, although we are not sure how to proceed. Do you believe this could have any positive impact on our case, or might it negatively affect our situation?
Please provide your advice.
Thank you.
Before you file a mandamus lawsuit, you must try to expedite normally – I wrote about that on March 23, 2022. If the expedite request is denied, then you might try a mandamus. That will likely result in an interview and a decision. I doubt it would have any negative effect on the decision. Unfortunately, it seems like the only way to get an interview these days is to sue the asylum office. Take care, Jason