In 2008, the Romeike family came to the United States to escape religious persecution in Germany (yes, Germany). The family wanted to home school their children because they opposed the government curriculum, which includes subjects such as “sex education, evolution, and fairy tales.” The Romeike parents were threatened with jail, fined $9,000, and had three of their children escorted to school by the German police. They filed for asylum in the United States, and their case was granted in 2010 (yes, granted). However, DHS appealed and eventually, the family was denied asylum and ordered deported to Germany. After a lengthy court battle–where they became a cause célèbre for Christian homeschoolers and others on the political right–the family’s removal was “deferred” and they were allowed to remain in the U.S., even though they had been ordered deported.
That’s where things stood until last month, when the family reported for a regular check-in with ICE, and were told they had four weeks to obtain German passports and leave the country. The family’s supporters rallied to their defense and earlier this month, ICE granted them an additional one year deferral. However because of the outstanding deportation order, the Romeikes remain under the threat of removal.
For those of us interested in asylum, the Romeike case raises a number of moral and legal questions. It also reveals some important lessons for those willing to pay attention.
The first issue is whether the Romeikes should ever have received asylum in the first place. I believe that the harm they suffered (a monetary fine and potential jail time, plus having their children forced to attend school) does not equate to “persecution” under any definition of that term. In addition, I think there should be limits on a parent’s “right” to educate their children; taken to an extreme, it is bad for the children and it is bad for society. I also find all the hand wringing from political conservatives to be hypocritical and probably racist–as one example, the same groups that support the Romeikes seemingly have nothing to say about evangelicals from Eritrea who face actual (as opposed to metaphysical) torture and murder on account of their faith. Why is that?
On the other hand, the Romeikes certainly felt that their fundamental beliefs were being violated in Germany. To them, the pain of having their children subject to state “indoctrination” is a form of persecution; perhaps even worse than physical harm. Their supporters also believe the family (and all families) have a fundamental right to educate their children as they see fit. As I have written, our asylum system was not created to protect all people from harm. Rather, it was created to protect people facing certain types of harm–harm that we deem worthy of protection. If “We the People” decide to protect people from forced state-based education, families like the Romeikes should qualify for asylum. In that sense, my personal objections are meaningless. Indeed, expressing our values by granting humanitarian protection (and thus condemning another government’s “persecution”) is a classic Realpolitik use of the asylum system.
Another issue raised by the Romeike case is the injustice of deporting a family that has been living in the United States for many years. The Romeikes have become part of their community. The father works at a Baptist university, they attend church, and they have many friends. The family’s two youngest children are U.S. citizens and two of the older children have married U.S. citizens. They also have one U.S. citizen grandchild. “Our home is here in America,” Uwe Romeike, the father, said.
Unfortunately, in immigration law, there is no statute of limitations. If I rob a bank and enough time passes, I can’t be prosecuted. But if I commit an immigration violation, I can suffer the consequences of that violation for the rest of my life. This creates an absurd situation where people like the Romeikes live in the U.S. for years and become essential parts of their community, yet they are subject to expulsion at any time. Not only does this harm the noncitizens themselves; it harms everyone in their community.
One last issue I want to discuss is the way that ICE notified the family about leaving. People with deferral of removal are often required to check-in periodically with ICE (Immigration and Customs Enforcement). Apparently, the Romeikes had been checking-in for years without incident. But then, last month, ICE informed them that they had to leave, and that they had to uproot their lives of 15+ years and get out within four weeks. We do not know why ICE made this decision or how they chose such an unreasonable time frame. It all seems totally arbitrary, which is typical ICE behavior. I have a client with a long-pending affirmative asylum case who has been reporting to ICE once a year. At a recent check-in, for reasons unknown, ICE issued him a Notice to Appear in Immigration Court. They did not refer his dependent family members to court, and so now he must pursue his case in court, and his wife and child will have to file a new affirmative asylum application. What was the point of this? I do not know. And I doubt ICE knows either.
The problems experienced by the Romeikes are not unique. What is unique is the attention they receive from right-leaning groups, which has allowed them to defer their removal from the United States. Wouldn’t it be something if these groups showed the same concern for other asylum seekers, many of whom have a real fear of persecution in their homelands?
Hi Jason,
Thank you for all you do. I came into US in December 2015 with B1 B2 and applied for asylum in september 2016, I have been a pending Asylee since then. I just got my masters degree and am planning to apply for EB2 NIW. Please I want to know if I can do this despite the fact that I apply for asylum when am out of six month status
I think you would need to leave the US to get the green card, and if you leave, you may be barred from returning to the US for 3 years (you are barred for 3 years if you were out of status in the US for 6 months or longer before you filed for asylum. I wrote more about this on August 28, 2018 and September 6, 2018, but I would have a lawyer look at the case and determine whether you are eligible to get the GC, whether you would have to leave the US, and what the risks are. I would do that analysis before starting down this path, as there is no point in starting if you cannot finish, and it could end up wasting a lot of money. Take care, Jason
Hey Jason another great article about the immigration policies! May I ask if I have got my A5 card upon the case grant, then should i immediately apply for green card? i heard different opinions, some say you’d better wait for a couple of months because when the officer reviews your permanent residence application, if it’s less than one year since your grant day then you need to reapply? and also does the processing time differ among regions? where’s faster? NY or Calif? THANK YOU!
It’s up to you and there are different considerations, but most attorneys are recommending that people wait 6 months before applying. I recommend this as well and I described the logic in a blog post dated February 8, 2023. In terms of where is faster, I do not know – you can check processing times at http://www.uscis.gov, but of course, you apply based on the place where you live, and so you may not have a choice about this (though I guess you can always move). Take care, Jason
“I believe that the harm they suffered (a monetary fine and potential jail time, plus having their children forced to attend school) does not equate to “persecution””
How much jail time?
“there should be limits on a parent’s “right” to educate their children; taken to an extreme, it is bad for the children and it is bad for society”
Even if home education is supervised by the education administration which ensures that educational requirements (including, perhaps, social contacts outside family/religious circles) are met?
I do not remember how much jail time they faced. I think it was not too long, but I don’t recall, and of course, no one wants to go to jail. In terms of the limits on home schooling, the limits you suggest are perfectly reasonable to me. I just think that home schooling should not be allowed to happen in an unregulated way, as some parents would do great damage to their children. Take care, Jason
Hi Jason, hope you are doing alright,
I went to the San Francisco asylum office, and inquired about the status of my asylum application (I am waiting for my decision), they told me that the supervisor was able to review my application, based on your experience what is going to be the next step for them to process my application, and how long would it take to get my decision mailed out to me?
Thanks
There is no way to predict the time frame, but in general, decisions are coming slowly. I did a blog post about ideas for trying to get the decision – on June 2, 2021. I suspect you will get a decision eventually, but if it is taking too long and nothing else is working, you might try a mandamus lawsuit to force them to issue the decision. In many cases, that is the only effective way to get the asylum office to do its job. Take care, Jason
Hi Jason ,
Got my EAD renewal card in 12 days after submitting application online.
Yes there are variable timelines for each case.
Sam
Hi everyone,
I am a green card holder and have a Reentry Permit. I want to fly to Canada. Does anyone know if Canada accepts Reentry Permit in lie of passport?
I checked Canada’s Immigration website, it mainly focuses on Passport or US Refugee Travel Document (Form I-571), but not Reentry Permit (Form I-327).
Thank you for your responses.
I am not sure about that, but I thought you could enter Canada with only the Green Card. Maybe someone else here will know. Take care, Jason
Hi- is it that you are unable to get a passport from your country of origin? Some people, including some attorneys, believe that it is risky to travel on your COP’s passport after you have adjusted your status to that of LPR. I (personally) don’t think it’s that risky, especially in light of the most recent circuit court and BIA cases. And in my experience working with asylees, asylum applicants, and LPRs who acquire this status based on their asylum status, renewing or entering another country with a passport from your country of origin, especially if your COP’s government is not the persecutor, has no real effect on your immigration status or applications (once you’ve have adjusted your status to LPR. That is because the adjustment of status, pursuant to current laws, terminates the asylum status and all its “vestiges”). Even if your government is the persecutor, if that government is willing to issue you a passport, it should be fine once you are not returning to the COP.
But to answer your question, based on the Canadian government’s website, a valid and unexpired re-entry permit (Form I-327) and your green card are acceptable for air travel (as of April 26, 2022). In fact, it appears, based on the list below, that you only need to prove your lawful permanent resident status in the US. Of course, before your travel to Canada, you must confirm this with the Canadian government.
Per the website, you need an official proof of status as a lawful permanent resident of the U.S., such as one of the following:
-valid permanent resident card (Form I-551)
-foreign passport with an unexpired temporary I-551 stamp (also known as an Alien Documentation, Identification and Telecommunication [ADIT] stamp)
-foreign passport with a temporary I-551 printed notation (“Upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year”) on a machine-readable immigrant visa upon endorsement with a U.S. Customs and Border Protection admission stamp
-expired permanent resident card (Form I-551) with Form I-797 (Notice of Action) for pending Form I-751 (Petition to Remove Conditions on Residence) or Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status)
-expired permanent resident card (Form I-551) with Form I-797 (Notice of Action) for pending Form I-90 (Application to Replace Permanent Resident Card [Green Card])
-valid re-entry permit (Form I-327)
-Form I-94 with an unexpired temporary I-551 stamp (ADIT stamp) and a passport-style photo
Dear Jamie,
Thank you very much for your detailed response. Whilst reading Canada’s Immigration Website, I was confused on the below two lines:
1- It says US Refugee Travel Document (Form I-571) can be used in lieu of passport, but hasn’t mentioned Reentry permit (Form I-327). They have been specific on Form I-571; AND
2- Under proof of status, it has mentioned Reentry Permit. That reentry permit can be used to prove our status in US
Now I am confused that why Reentry Permit can be used as a proof of status but not a substitute for passport. It seems like reentry permit can be used to indicate my status, and in addition to that I should also carry a passport or Travel Document ( Form I-571)
Could you please clarify this confusion. Am I misreading their instruction or I am making it more complicated?
i’ve traveled to canada with my green card and a re-entry permit a few times recently without any issues.
the canadian immigration website isn’t super clear that a re-entry permit can be used in lieu of a passport. there is another website from the airline industry to check entry requirements: https://www.iatatravelcentre.com/. once you put it the destination, origin, and your info, the website would say that with a green card and a re-entry permit you should have sufficient documentation to enter canada.
Hello,
I traveled to and from Canada with Green Card only this summer. I drove there 3 weeks ago.
Thanks,
Shalom
Hi Jason,
First of all thank you for your service to the asylum seekers community. You are a real hero and thanks for responding our queries. I have a question that ,I’ve faced challenges in finding professional employment due to my EAD based on C08 (pending asylum case). Can I request to be added to the short notice list for an asylum interview with USCIS? My office is in Chicago, and I believe they have such a list.
Thank you
Dear awesome Jason,
Can someone on b1-b2 visa apply for asylum. He doesn’t talk or write due to brain stroke.
Can his family members overseas write letters as witnesses. And that is it ? Of course of there is an interview he would not be able to talk or write ?
What is your opinion in a case like this ?
He can apply for asylum. He will have to note the disability and also get medical evidence about that. His guardian or family member should be able to assist at the interview. To be honest, I forget the rules about this, but I know they do exist – maybe check the index of the Affirmative Asylum Procedures Manual under Resources (also, you can find a more update version of that document here, if the link works: file:///home/chronos/u-326c30cdac6af7caf54538acbae1c684e5d825e2/MyFiles/Downloads/Affirmative%20Asylum%20Procedures%20Manual%202023.pdf). Take care, Jason
Different offices have different policies about this – some offices do not have short notice lists. Some offices require a reason to be added to the list, just like when you try to expedite. You can email the Chicago office and ask if they have a short list and how to get onto it. You can find their email if you follow the link under Resources called Asylum Office Locator. I also wrote about expediting on March 23, 2022. Even a short list is probably very long, and so you might try to expedite or think about a mandamus lawsuit. Take care, Jason
is it a possibility ?
5 year is still too short. It can still make employers concerned. However, I never know personally a person who hasn’t changed a job in 10 years (as in doing the same job for 10 years…) So maybe it’s sth asylum advocates can pushing for ?
Hi Jason,
Can I apply for asylum and file adjustment of status at the same time, as my wife is here but am worried that the adjustment of status gets denied so asylum can protect me from getting deported as I’m persecuted in my home country ?
Would that cause any issue for either of them ?
That is unusual, but I guess you can do that. Make sure all the info in both applications is consistent. Also, I would recommend you talk to a lawyer to address an issues about why the adjustment may be denied (if the reason is that the relationship is not working, it may be better not to file for adjustment, since it is expensive and takes a long time). Take care, Jason
Hi, Jason, I have been curious about a question.
It sounds like you have gotten quite some people’s cases dismissed by the court…But that means they won’t be able to have work authorization, right ? (assuming they don’t do the re-file asylum route..such)…But … do you continue to work on those cases ? …and take payments from these clients ? … if these clients can continue to pay you…where do they get their money……they couldn’t work ? right ?
Most of our clients want to move forward with their cases, but some choose to take dismissal (if that is an option). Whether I continue to work on the case and whether they can keep the work permit depends on different factors. How they have money to pay be (or to pay for anything), I do not know. Take care, Jason
Okay
Hi,
I did renew my work permit online under C08 and right away i got the receipt, so can i use that as 540 days extension ?, my card is going to be expired on January 2024 thank you so much.
Hi Asyle22. Did they mention 540 days extension on your receipt?
Yes, if you fill the form before October 26th the extension would be 540 days. Thank you.
If you filed to renew the EAD prior to the expiration of the old card, the receipt extends the validity of the EAD by 540 days. The receipt itself should say this (I think it is in the third or fourth paragraph). Take care, Jason
Jason, I guess would it be fairly certain for me to say, they are not going to ever get asylum…right ?
15 years have passed since their arrival. Their children no longer need education. So…that constitutes changes in personal circumstance…so…they are no longer under threat of persecution…right ?
So they won’t be granted asylum…hopefully ? If they are granted asylum, it would devalue the asylum system in my heart…
I also want to comment on the hypocrisy of their supporters. They obviously support asylum seekers for being “persecuted” for “opposing sex education” but clearly I believe they can’t wait to see lgbt asylum seekers deported. I wish this group of people, the asylum community (seekers AND advocates) can vehemently condemn in the future.
In addition, I would like to ask, is there anyway we, the real asylum seekers and the real asylum advocates, could do something to weaken the Romeikes and their supporters ? Like signature rally or sth ? I feel we need to oppose the narratives put out by them. Also, we need to explore option to prosecute this family for wasting and abusing government resources, to make an example of them, so that future Romeikes will be deterred from trying to obtain asylum.
Because I feel that, currently, the real asylum seekers and the real asylum advocates are doing nothing to counter them. So the Romeike family and their supporters are dominating the narrative, it could hurt real asylum seekers and belittle our sacred asylum program, created to protect people who deserve protection.
I am really not sure why you would care about this one way or the other. Take care, Jason
Cause I feel what they did is wrong and harmful. And they deserve punishment.
They already lost the asylum case. They are only being allowed to stay based on the discretion of ICE, which could be revoked at any time. Some of the children may be able to get status based on their spouses, and maybe there are other options for other family members. Take care, Jason
Hopefully ICE can execute removal orders after one year without hesitation. This family’s “asylum” journey is a joke to the asylum system and to bona fide asylum seekers.
Hello Jason ,
I think USCIS is improving in renewal of EAD card, My case was approved and card was produced within the 10 days of filing the case online. It was the fastest I have seen.
Regards
Sam
Hello SAM. Thanks for sharing the good news. After you filed your application, did you receive the receipt immidiately? Or did they mail it for you?
@ALEX I got the receipt online right away and then after couple of days by mail too.
Some people are reporting fast renewals, but this is not always the case. Hopefully, this will become the norm. We shall see. Take care, Jason
Hello Jason,
If the processing time of I 765 is true, this is a very good news then. 1.5 moths
We are seeing processing times that are very variable, and so it may not always be that fast. Take care, Jason
I am seeing that the EAD renewal taking about 16 months.
Hello Jason
Does USCIS recognize proxy marriages?
There are rules about that, and in some cases, they do. However, I think it is tricky and requires proof that the marriage is valid in the country where it was performed. It is the type of case where it would be wise to have a lawyer’s help, to research the issue and see best how to proceed. The instructions to form I-130 (available at http://www.uscis.gov) may have some guidance about this, but I am not certain about that. Take care, Jason
Thanks Jason for your prompt reply…I did look at the guidelines for proxy marriage…it requires among others that the marriage has to be consummated after the marriage ceremony…
Do you have any idea how does ISCIS interpret the word “consummated “…my question is does USCIS accept virtual consummation of marriage if you are familiar with concept…? I am not an expert in virtual consummation of marriages but it is alway a possibility to consummate a marriage even if the parties are physically apart thousands of miles as today technology brings people closer to each other…Do you think it is possible to try and compel a court of law to interpret the phrase consummated marriage…
Thanks
I do not know, sorry. I think there may be religious exemptions to physical consummation, but I am not sure. I think you would need to have a lawyer research the options. Take care, Jason
Hello Jason,
Thanks for all your help.
I saw a thread in reddit that AP is 5 years now(I only saw uscis news regarding EAD) I was wondering if you saw this as well. And if its true if you saw this for RTD (since both are I 131 forms Technically) .
Thanks!.
I have heard about people getting AP for 5 years, but there is no announcement from USCIS. Also, there are different reasons to get AP, and I am not sure if the 5-year thing applies to AP based on asylum pending. Hopefully, it does. It would be lovely if USCIS would announce these things so we would know, but so far, I have not heard anything from them. Take care, Jason
Thanks for the quick response. I’m actually interested in RTD validity change not AP. And was wondering if you saw any change is their validity.
Thanks again.
That was proposed as far back as 2008, but it has not yet changed. And so the validity period for the RTD is still only one year. Take care, Jason
Hello Jason , can I add more evidence that occurred in the past to the original declaration that I submitted when I first filed for asylum ? Is it going to be a problem questioning why I didn’t list these evidences on the original declaration.thank you .
You can do that, but you need to explain why it was not included in the first place. We usually just put a footnote about that. There are different explanations. For example, maybe you did not have a lawyer and did not know what was needed, or you only thought about mentioning the most important points. Or maybe someone helped you and they did not include the info, etc. Take care, Jason
EAD RENEWAL
EAD renewal is very fast now which is a big improvement from USCIS. My EAD is approved and shipped in 2 weeks. We normally talk about problem here but I wanted to highlight this big improvement.
Asylee, thanks for letting us know. USCIS is known to be inconsistent, arbitrary, and unpredictable. The fact that your EAD was processed in 2 weeks doesn’t mean that this level of quickness is the norm. We’d need to see more EAD renewals being processed so quickly for us to say that USCIS has improved.
We have been seeing that, but it does not happen in every case. I think filing online may help, but they do seem to producing EADs more quickly, and all new EADs should be valid for 5 years, so that is also an improvement. Take care, Jason
Hello ASYLEE and congrats on your EAD quick renewal. Can I ask you how did you file your application? was it online? If so, how and when did you receive your receipt? Thanks
I mailed it. The receipt came after 5 days.
Hello Jason
I was granted asylum in Chicago asylum office approximately eight months ago. Three months ago I submitted I 730 for my wife and the form is being processed. However, last I was gifted a younger girl ( legal age) as a wife in my home country and I thinking of bringing the new wife here instead of my first wife. My question is how to go about this as I cannot bring both wives here…I would very much appreciate if you would kindly guide me.
seriously ?
You cannot bring two wives and, in fact, if you are married to two people, that is potentially a basis for being deported. If you are legally married to a woman, you can bring her to the US, but if you want to marry someone else, you would first need a legal divorce from wife # 1. Also, you can only file an I-730 for a spouse if you were married to her at the time you were granted asylum. If you marry after you win asylum, you would have to wait for a green card and then file for your new wife. Take care, Jason
I am very sorry. What did I just read?! I think Jason is being trolled or pranked.
I know Jason already responded, but kindly allow me to say a few things. The reason I feel compelled to respond is because, if I am not mistaken, I believe this is the third time I am seeing a question like this- or something similar to this question. That tells me that, perhaps because of cultural differences, a lot of asylees/asylum applicants may be unaware of the consequences or that they are unwittingly inviting problems and potential delays with the application process.
I am fully aware that “marriage”, “wife”, “husband”, etc. can mean something completely different based on cultural practices and rites. However, one invites needless and extra scrutiny by USCIS, especially as an asylee wanting, or hoping, to adjust his/her status to that of LPR, when s/he does these things (admittedly, sometimes unknowingly).
Bear in mind that you must disclose any kind of marriage- even if the marriage, on the face of it, appears to be different from what constitutes a marriage is in the US- when you are applying for any kind of immigration benefits. For, there can be severe consequences, which may include being accused of bigamy, which is a serious and unforgiving offense under immigration laws, for not disclosing your marriage, or being married to more than one person at the same time.
The onus is on us, as immigrants, to familiarize ourselves with the laws and the rules of the country that we want to call our permanent home. Further, being ignorant of what is legally required of you, even if innocent, can be disastrous and may not be accepted as extenuating/may not lessen the seriousness of the offense.
Thank you for the comment – I think the last paragraph is particularly important. Take care, Jason
I accept an offer, but immediately, they are asking about immigration status before set a start date…
I told them that I am an asylum seeker…I am now worried that they will rescind offer……
How can your job offer be rescinded if you accepted the offer based on the conditions that you meet the minimum qualifications/requirements for the job and you are authorized to work in the US? If the job does not require you to be US citizen or LPR, then on what basis would the job offer be rescinded? Did you lie about your immigration status or your qualification(s)? If the job requirements, when advertised, did not explicitly say that you are to have permanent resident or citizenship status, perhaps because the job is a federal job, and you otherwise meet the requirements for the job, you would have experienced employment discrimination, pursuant to labor and employment laws and the US Department of Justice’s memo.
Don’t you know that in the U.S. employment is at-will ? An employer could rescind your offer or fire you for almost any reason or for no reason. I don’t think I will be able to prove in the court that my offer was rescinded because of my asylum seeking status….
I have no doubt that I have experienced discrimination. But whether this kind of discrimination is unlawful is debatable. Even if it’s unlawful, good luck in proving that in front of a court…
Google “job offer rescinded due to citizenship/immigration/international status reddit “. You will see a lot more examples..
At-will employment will does not give employers carte blanche to fire employees as they wish or ignore employment and labor laws that are there to protect employees. For instance, an employer can’t fire an employee, or rescind an offer of employment, because of the employee’s immigration status, country of origin, race, ethnicity, religion, etc. I’d want to believe that to any reasonable person, or in the court’s mind, a rescission of an employment offer, right after the candidate’s revelation of his/her immigration status, and provided that the job does not require the candidate to be an LPR or citizen and there was no lie told during the application and interview process on the candidate’s part, raises suspicions, at minimum.
1) Citizenship status discrimination with respect to hiring, firing, and recruitment or referral for a fee by employers with four or more employees.
Employers with four or more employees are not allowed to treat individuals differently in hiring, firing, recruitment or referral for a fee based on citizenship status. You can get more information about citizenship status discrimination by contacting IER and at 8 U.S.C. § 1324b(a)(1)(B). Citizenship status includes a person’s immigration status. U.S. citizens, U.S. nationals, asylees, refugees, and recent lawful permanent residents are protected from citizenship status discrimination. Exceptions: lawful permanent residents who do not apply for naturalization within six months of eligibility by virtue of their period of residency are not protected from citizenship status discrimination. An employer may restrict hiring to U.S. citizen only if a law, regulation, executive order, or government contract requires the employer to do so. Learn more about this exception by contacting IER and at 8 U.S.C. § 1324b(a)(2)(C).
Only U.S. citizens, U.S. nationals, asylees, refugees, and recent lawful permanent residents are protected from citizenship status discrimination. So asylum seekers are not included…If it’s not unlawful, I don’t see an at-will employer not firing an asylum seeker….
It looks like you misunderstood the source you quoted (which is eeoc.gov). It could also mean that you did not read the source in its entirety.
For instance, the source you quoted also states:
“1)U.S. citizen-only policy that discriminates against certain non-U.S. citizens authorized to work in the United States…
2)Requiring applicants or newly hired employees to provide certain specific or additional employment authorization documents because of their citizenship status or national origin rather than accepting any of the several forms of documentation individuals are permitted to submit under applicable federal law…”
What do you think number 2 means? Unless the limited validity of the EAD, which is the documentation individuals, or asylum applicants in our case, are permitted to submit under applicable federal law, would create undue hardship for the employer (the job requiring you to travel out of the US, for example), your EAD should suffice for most jobs. To put it another way, if your EAD would not interfere with the performance of the job, or it would not create undue hardship, inconvenience, or a violation of some federal or employment law for the employer, there is no justification for rescinding an employment offer after it has been discovered that you are an asylum applicant. That would constitute hiring discrimination- especially if the employer can’t justify the rescission of the offer-and thus employment discrimination. Furthermore, the job advert should mention all the requirements of the job, before the interview is conducted and the offer of employment given.
In addition, let us take a closer look at INA 8 U.S.C. § 1324, which states (quoting from the same source you referenced): “Discrimination based on citizenship status is expressly prohibited by the Immigration and Nationality Act’s (INA) anti-discrimination provision, 8 U.S.C. § 1324b. The law prohibits: 1) citizenship status discrimination in hiring, firing, or recruitment or referral for a fee; 2) national origin discrimination in hiring, firing, or recruitment or referral for a fee; 3) unfair documentary practices during the employment eligibility verification, Form I-9 and E-Verify processes; and 4) retaliation or intimidation.”
What do you think the anti-discrimination provision under the INA, specifically subsection 3, (“unfair documentary practices during the employment eligibility verification, Form I-9 and E-Verify processes…”) means? FYI, it means that once employment authorization and eligibility are established, the employer cannot- and should not- ask the employee to furnish additional documentation to prove immigration status or employment authorization. If there is evidence that that occurred, or an employer withdrew an offer of employment because of status discrimination, you may have an employment discrimination case against the employer.
Though certain federal jobs are reserved for LPRs and US citizens, and certain student visas have restrictions, it is against the law for an employer to discriminate against a potential, or actual, employee because s/he presented a document that doesn’t establish citizenship or LPR status, regardless of the applicant’s immigration status.
Hi Jason and Everyone,
Thank you for everything you do in here.
I expedited my reentry permit, the request has been approved. Finger prints was completed months ago. At this point, having expedited request approved, approximately how many days will it take to receive the reentry permit? First time, when I called USCIS for expedited request I had told that I have to leave USA first week of November. Do you think I will get the reentry permit by the requested date?
It is really not predictable. Sometimes expedite requests go quickly; other times, they take months. Maybe you can try calling again if you had success with that in the past. Take care, Jason
Hello,
I am in my pending asylum in USA. My fiance is residing in Canada with a canadian PR. He was falsely assued with a criminal case by a Gay. His hearing will be next year and I am not sure what will be the result of his conviction.
My Question is, if my asylum is granted, can i sponsor him given his criminal background in Canada or USA govt doesnt care it. Kindly advice.
If you are legally married at the time you win asylum, you can petition to bring your spouse to the US. The process can be slow, but time frames are always changing. If he has a criminal conviction, it may prevent him from coming to the US, but it would depend on the conviction. You should certainly talk to a lawyer about that – he will need copies of any conviction documents. Take care, Jason
Thank you @jason for your opinion with the first issue.
They should not be granted asylum and should be immediately deported in chains !
Hello Jason,
How long do one have to wait after getting his asylum granted to apply for a Green card (based on asylum). some are telling me that I can apply immediately, but the USCIS website is showing one year.
Hello Jason,
How long do one have to wait after getting his asylum granted to apply for a Green card (based on asylum). some are telling me that I can apply immediately, but the USCIS website is showing one year.
You can apply immediately under a new rule. I wrote about that on February 8, 2023. My recommendation is to wait 6 months before filing, as explained in that article. Basically, if USCIS processes the case quickly and decides the case less than one year after you got your asylum, it is possible they will deny the case (you must have one year of asylum before you can get the GC). We do not know about this, but it is possible. To avoid the risk, most lawyers recommend waiting 6 months, but that is up to you. Take care, Jason
Hi Jason,
Thanks for the forum and help.
Can an asylee after 5 years of PR apply for citizenship online? or We can only send our application through USPS? If we can apply online, can apply online for our kids too? Which way of application do you recommend?
If you have a green card for 5 years, you should be eligible to apply for citizenship, assuming you meet all other requirements (50% or more of your time inside the US, no absences of 6 months or longer, no criminal issues, etc). You can file online. I have not done that, but for other forms, it is working well. In terms of your children, I think they must be 18 years old or older to file the N-400 (check the instructions at http://www.uscis.gov to be sure about the age). If they are too young, they automatically become citizens once you become a citizen, assuming they also have a GC and live with you. When that happens, you can file form N-600 to get a certificate of citizenship or they can just file for their US passport. Take care, Jason