In an announcement earlier this month, USCIS claims to have “reduced overall backlogs by 15%.” This sounds like good news, and it would be–if it were actually true.
The reality, as discussed in the same announcement, is that “USCIS received 10.9 million filings and completed more than 10 million pending cases” in FY 2023 (October 1, 2022 to September 30, 2023). While completing 10 million cases is no small accomplishment, by my math, if the Agency received 10.9 million cases and completed 10 million cases, their backlog has actually increased by 900,000 cases.
So why does USCIS claim that the backlog has been reduced by 15%? The answer hinges on the definition of the term “backlog.”
To most of us, the backlog is the total number of pending cases. But USCIS defines its backlog as “cases pending outside of target processing times.” In other words, only cases that are pending longer than the posted processing time are considered part of the backlog. Of course, processing times are created by USCIS, and so using this method, they could simply change all processing times to ∞, and the backlog would be eliminated. Voila!
While I think the claim to have reduced backlogs by 15% is a little disingenuous, USCIS is making progress. First, as I’ve said, completing 10 million cases is nothing to sneeze at. Indeed, that’s more cases than USCIS has ever completed in a single fiscal year. In addition, the Agency has supposedly reduced average wait times for a number of forms. For example, in FY 2022, the average wait time for an I-765 (application for work permit) was 6.8 months; in FY 2023, the wait time was 4.6 months. In FY 2022, the average wait time for an application for a Green Card, form I-485, was 15.7 months; in FY 2023, it was 13.5 months. For the citizenship form, N-400, the average wait time dropped from 7.5 months to 5.7 months from FY 2022 to FY 2023. Most impressively–and perhaps most suspiciously–between FY 2022 and FY 2023, USCIS says that the average wait time for the I-730, petition for asylee relative, dropped from 24.9 months to 7.3 months.
You might note a tinge of skepticism in the previous paragraph. That’s because in my office, we are not seeing forms move as quickly as USCIS has indicated. Also, if you check USCIS processing times, you will see that form I-730 is listed as taking 29 months! Not 7.3 months (or even 24.9 months) as claimed in USCIS’s announcement. Other forms are more difficult to check, since they have multiple processing times, depending on the basis for the application and the applicant’s location. However, another example is the I-485. For people filing based on approved asylum, the listed processing time is 32 months, which is quite a bit longer than the 13.5 months claimed by USCIS for all I-485 forms (the announcement did not specifically list wait times for asylee adjustments).
In terms of the affirmative asylum backlog, USCIS is largely silent. We do learn that the Agency completed 52,000 asylum cases in FY 2023, but we do not learn the total number of asylum cases pending. From other sources, we know that at the end of FY 2023 (September 30, 2023), there were about 1 million cases in the backlog (and keep in mind that some cases have multiple people–a spouse and children). If USCIS processes 52,000 cases per year, it will take more than 19 years to complete all the backlog cases–assuming that no new cases enter the system.
Also, while finishing 52,000 cases is an important accomplishment, that figure represents only a fraction of the cases received during the year. At the beginning FY 2023, the backlog stood at about 543,000, meaning that it grew by 457,000 cases over the course of the year. In other words, for every asylum case that was completed in FY 2023, nearly nine new cases were filed.
There are many reasons why USCIS has been unable to reduce the affirmative asylum backlog. One big issue is the border, where Asylum Officers are responsible for credible fear interviews (initial evaluations of asylum eligibility). In FY 2023, Asylum Officers completed a record-setting 146,000 CFIs. If these officers are prioritizing CFIs, they have less time for affirmative asylum cases.
USCIS is responsible for numerous other humanitarian applications as well, though such cases do not necessarily impact the Agency’s capacity to work on affirmative asylum applications. These cases include TPS (Temporary Protected Status) for various countries, refugee interviews (100,000+ interviews in FY 2023), and the “lawful pathways” program, which brought almost 238,000 nationals from Cuba, Haiti, Nicaragua, and Venezuela to the United States in FY 2023.
In terms of the current fiscal year, USCIS “will continue to increase refugee interviews and decisions to support the target of admitting 125,000 refugees,” it will “continue to build capacity for processing credible fear screenings at the southwest border,” USCIS will improve the EAD process, and it “will continue to build up the infrastructure and onboard and train new staff ” at the new HART Service Center, which is focused on various humanitarian application (though not on affirmative asylum cases).
Absent from the priorities listed in the USCIS announcement is much about the affirmative asylum system. I see only one sentence directly related to the Agency’s plans for the Asylum Office in FY 2024: “USCIS will focus on technological and procedural improvements to streamline the adjudication of asylum applications.” I am not sure what this means, but certainly, I would like to see some procedural improvements, including sufficient notice before asylum interviews are scheduled and a return to the “first-in, first-out” (FIFO) scheduling system. Not listed in the report, but also important, is the Agency’s effort to hire more Asylum Officers. This effort is ongoing, and presumably will continue during the current fiscal year.
USCIS has long struggled with too much responsibility and too few resources. So it’s understandable that leadership wants to tout the Agency’s achievements. But in my opinion, the current announcement focuses too much on accomplishments and not enough on challenges; all at the expense of accuracy. To make real progress, we need a more unvarnished view of where things stand today, so we can decide how best to move forward.
Dear Jason! I’m a political asylee and applying for I-485 (GC) now. Would it be acceptable to answer to a question 25 (part 8) “Have you ever been arrested, cited…” by copying my answer from same question in I-589 (asylum)? How detailed answer should be in I-485 though? When I attended a personal interview regarding I-589, an officer took all records I had and now I don’t have any copies. Please suggest. Thank you as always!
It might be worthwhile to file a Freedom of Information Act request to get a copy of your asylum file – follow the link under Resources called FOIA USCIS. Otherwise, I would just answer the question as you think appropriate (yes or no), circle the question, and write “see cover letter.” In the cover letter you can provide an explanation. When I do this, I keep it short. Maybe it would be something like, “I was detained for political reasons in my country. This was an illegal detention, and I described what happened in my asylum application.” As long as you explain, you should be fine. Take care, Jason
Hi Jason,
Seems like the RTD is taking more than a year, is there any of your clients that received it sooner? Is there a way to expedite?
Thanks so much!
It does take more than a year and I do not recall a client getting it faster than that. I wrote about expediting in general on January 29, 2020 and maybe that would help. Essentially, you need a reason to expedite and then you will have to call USCIS (800-375-5283) and try to reach a person. It is not easy, but it can sometimes be done. You might also reach out to your Congress person to see if they can help. There is a link under Resources called House of Representatives where you can find that info. Take care, Jason
Hello Jason
I applied for a renewal of ead last year Feb but still I didn’t get my card. How long does it take to get my new ead?
Thanks
It can take a year or 1.5 years. So far, I have not seen anyone whose new EAD did not arrive before the automatic extension expired, so hopefully, you will get the card soon. Take care, Jason
Hi, Jason
I would like to ask, do the asylum cases in Los Angeles need to be moved elsewhere to solve the backlog? Can a disabled person require the Immigration Bureau to perform its duties without being interviewed for 3 years?
The LA asylum office (and all asylum offices) could use more resources and it would be helpful if they could do fewer border cases. I do not know how they could move cases, or where they could move them that would be better. If you have a disability, that could be a basis to expedite. I wrote about expediting on March 23, 2022, but basically, if you can get a letter from the doctor explaining how the delay is making your disability worse, or how you cannot get the help you need, and that completing the case would improve your health, that might be a good reason to expedite. Most expedite requests still seem to fail, but if that happens, you could then try a mandamus lawsuit. Take care, Jason
Thank you so much for your reply, you are where I find my energy. I will try
If you have evidence of the disability, you might have a decent chance to expedite, and so I would certainly give it a try. You might also talk to your Congressional representatives office – they may be able to help as well. There are links under Resources to House of Representatives and Senators, where you can find those representatives. Just call their office, ask for the person who helps with immigration, and see what they say. Take care, Jason
Yes, I have been a paraplegic for 30 years and have been to the asylum office several times but they completely ignored me
You might contact your Congress person about this and see if they can put some pressure on the asylum office. You can find their contact info if you follow the link under Resources called House of Representatives or Senate. Take care, Jason
It has been sometime that 80 officers were hired to deal with pre-2016 cases…and I remember you and some DC/NYC organizations were working on to get an additional 160 officers hired to handle 2016 & 2017 cases ?
How does that go ? Any… progress ?
No real progress. For the most part, the officers they hired ended up dealing with newer cases or mandamus cases, though once in a while, we see an older cases get interviewed. Take care, Jason
That’s very unfortunate…I guess…all the fanfares will all be doomed to none…
Good Morning,
I have a question regarding EAD renewal. I was interviewed in august of 2023. As of today, EAD clock is 190 days. i am still waiting on my initial interview decision. My question is do i have to apply as renewal or initial EAD?
And Also, what are the wait times of a decision after the initial interview and why is there a delay? I interviewed at Houston Office.
If you have an EAD based on asylum pending, then it sounds like the new EAD is a renewal. In terms of wait times, they are not predictable. I wrote about ideas for how to get a decision on June 2, 2021. Maybe that would help. Take care, Jason
Hello Jason,
Thank you for your work. I had my interview a couple of weeks ago. Now, my application status is “Decision Is Pending.” If I move to another state under a different asylum office jurisdiction and update my address, do they move my application to the new office?
Someone told me they do not need to move my application around. They need my updated address only to mail the decision when it is ready.
I would appreciate it if you elaborated on this.
The case will be decided by the original office. However, if a second interview is needed (this happens in maybe 10% of cases), then it would be at the new office. Take care, Jason
Hi Jason,
Thank you for your support here.
My webex hearing was postponed during the hearing due to the system being down. I was actually sitting and waiting for an hour before they told me it had to be reset. Do you know how long it takes to issue a new date for a new hearing? And do we have to wait several years again? Mind you, this is the second time they’re doing this to us. The first time they postponed due to Covid in 2020..
Maybe this was from a big Webex outage that occurred last week. The time frame depends on the judge’s schedule, but I expect they will try to re-set the case as soon as possible, and I doubt you will wait for more than a few months. If they do give a date that is far away, you can always try to get a sooner date – I wrote about that on April 20, 2017. Take care, Jason
Hi Jason, I think I saw this question before but can’t find it. I applied for green card and got it 9 months after. I never applied for travel document and now I realised I will need it. If I apply now, do I need to include the fee or it’s still consider part of green card application?
I do not know. I guess you could try to include the I-485 fee receipt instead of sending the payment, but I have no idea whether that would work. If you are not in a hurry, give it a try, but if you are in a hurry, I would just include the fee (though the RTD routinely takes more than a year). Fees are changing on April 1. For most forms, they are going up, but the RTD looks like it will actually be a bit less expensive for most applicants. Take care, Jason
Thank you, Jason! I think it’s better to pay the fee in this case
Alena, you will not get the travel document. You were already issued the GC 9 months ago, so it cannot be considered part of the GC application. The GC application would have been closed.
Hello,
I have a question my friend got approval from court and took his i-94 to Social security services but to get unrestricted card but he got rejected and he was told he needs to wait ti get his green carc!!!, dose anyone have any experiences?
SSA offices are giving hard time to process the unrestricted social . I had to request the supervisor and highlighted the approval letter where asylees can apply for unrestricted social , I guess they are not train properly on I-94 for asylees : I was able to receive unrestricted social but they failed to give my husband an unrestricted social.
Thanks for your information but what paper did you highlight?
I received the I-94 and the approval letter which list all the benefits and instructions as a new asylee . I brought that letter to the SSA office .
I think this is not correct. Asylum is a permanent status, just like the GC. He may want to try again and ask for a supervisor if he does not get the unrestricted SS card. If he has other proof of status, such as the judge’s order and/or his EAD, he can bring those documents as well. Take care, Jason
I don’t understand why asylum could be deemed as permanent or indefinite…supposedly…if this person’s country condition improves…s/he can simply go back ? right ? she no longer needs asylum in this scenario I guess ?
This baffles me, and I am not trying to be annoying…
When I fill out job applications…I am seeing this a lot.
“Do you now or in the future require visa sponsorship to continue working in the United States?”
I don’t understand what “in the future” means…like…
in my opinion, every non-natural born U.S. citizen could lose their status potentially, and may “need” sponsorship to work in the U.S…. yes, even us citizenship could be revoked against a person’s will if a person is a naturalized u.s. citizen…So an asylee could always lose well-founded future fear if their country condition improves…shouldn’t their asylee status be revoked when that happens (and be ineligible to work) ?
Here is the thing- anyone deemed “undesirable” could lose their citizenship. Historically, there are many countries that have changed their laws and revoked the citizenship of the their citizens (and that included people who were born in the country). Based on how things are going in the US, it’s not at all farfetched to think that an extreme administration could come in and strip US citizens of their citizenship (those who were born here) because their parents were not legal residents, for example. As well, citizenship could be stripped from mostly people of color- or people from countries that have economic challenges (Trump called these countries “shithole countries”). But to dwell on these things does nothing but further deteriorate your mental health.
It also appears that you are conflating asylum status (asylum granted) with other immigration statuses. An asylee or refugee does not need visa sponsorship to work in the US, so if you have asylum status, you should simply ignore the question that asks about visa sponsorship. In fact, asylees and refugees are able to work in the US without the need to seek employment authorization. Once the asylee/refugee has acquired the unrestricted social security card and a state ID (with no restrictive legend), this person should be able to present these documents, which would be sufficient, to the employer. Though there are instances of the social security workers being ignorant of the rules or laws, which is unacceptable, this process shouldn’t be complicated. The asylee/refugee is also responsible- especially if s/he intends to integrate well into the society and expects to have a seamless transition between the different immigration statuses- for acquainting themselves with the rules, procedures, and laws at the different agencies. The asylee should also be prepared to be his/her biggest advocate- you shouldn’t be afraid to challenge ignorance and demand that you are treated fairly.
Theoretically, asylum status (asylum granted) is indefinite/have an unspecified amount of time. Indefinite means unlimited or an unknown/unstated amount of time, which the INA uses to interpret the meaning of asylum status. However, aside from the fact that, from a practical standpoint, asylum status is permanent, the Department of Homeland Security (DHS) considers non-citizens granted asylum status to have permanent employment authorization, and that agency has specifically requested that the SSA treats asylees as permanent residents (you can find this information on the DHS and SSA websites). Thus, the asylee is entitled to have the restrictive legend removed from his/her social security card. All other arguments, including changed country conditions, are irrelevant to this fact.
Further, it would be unreasonable to force someone to go back to their country of persecution (COP)- after the person was granted asylum- after that person has built a life in another country. Building a life includes going to school and completing a degree/diploma, buying a house, working for years in the adopted country and paying taxes/contributing to social security, making friends, saving towards retirement, raising a family, etc. Imagine if your children were born and raised here, and the children probably speak a language that is different from your COP’s language, do you think it would be reasonable, or humane, for the US government to send back this family to the COP? Also, do you think it would be inhumane to send back someone, who suffered harm or persecution and perhaps developed PTSD, back to that place that reminds them of their trauma? Perhaps that’s the reason asylum status is rarely revoked/the reason asylees are not forced to go back to their COP even after country conditions have improved.
Your claims are not all accurate…
I in fact did read about people who were granted asylum status had their asylee status terminated…so it’s by no means indefinite…at least not in actuality…
In fact, I find a number of you hypocritical here. You claim you are for asylum seekers and their rights…are these only limited to interior seekers ? People who apparently have the money to attend visa interview, afford international flights and probably can pay for legal resources ? Vs people who have to cross the border through credible fear screening…I mean the only characterization of them seem to be, I glean from here, that they are impeding interior asylum resources …they are the burden…not worthy of being equally treated as interior seekers …
As far as I know those who got in through B1/2 visa and then later claimed asylum before the end of their authorized stay at least told one lie. They must demonstrate that they don’t have immigration intent to qualify for B1/2 visa, but by filing for asylum…their claim is disproved…so they lied when they applied for their visa … I don’t understand how these group of people, with bad and fraudulent characters, can be granted asylum instead of immediately removed…in my opinion, people who apply for asylum through credible fear screening is doing it in a legitimate, aboveboard way…rather than lying to immigration or consular officer…to obtain visa…
Aside from the fact that your points are tangential to your original points and my response, much of your response makes no sense (whatsoever). For instance, your claim that affirmative asylum claims are not legitimate is absurd. Or that only people who go through the credible fear process are legitimate asylum applicants. In fact, many of the people who cross US-Mexico border- and I am privy to this information since I work/volunteer in this area- do not meet the definition of a refugee, and therefore not qualified/eligible for asylum. Majority of the people who use the US-Mexico border route fall under the category of “economic migrants”- those fleeing unfavorable economic realities. Some are supposedly fleeing violence and war, which would, at best, qualify them for TPS status. But the legitimacy or veracity of their asylum claims is none of our business. It is not our duty to determine who is a “legitimate” asylum applicant or who is not- nor does it benefit anyone of us when we pit one group of asylum seekers with another group of asylum seekers. We already have to contend with the hate, disinformation, and misinformation about us (both from private individuals and elected/public officials)- and we certainly have to grapple with the interminable waits as it concerns the processing of our applications for immigration benefits.
You should get a prize for most patient person. Take care, Jason
I mean they are legitimate asylum applicants as in they applied asylum in legitimate ways by passing credible fear screening, rather than lie to consular officers regarding their immigration intent to obtain B1/2 visa. What you are saying is that they are not legitimate refugees/asylee s in that they are not statutorily eligible. But that’s a finding after their application is adjudicated.
Hello Jason,
Happy new year and thank you for the continuous support you do for us . I won my Asylum last year and it was thanks to your guidance and it was reported here. I am now due to apply for my green card and could you please share the link to get the correct form? What is the correct amount of fees to pay?
I would appreciate your response
The form is the I-485, available at http://www.uscis.gov. The fee for most people is currently $1225, but double check the USCIS web page to be sure. Also, fees are set to increase on April 1, 2024, so you may want to apply now. Finally, if you want a refugee travel document, that is currently included with the $1225 fee, but I think you will have to pay extra after April 1, and so you may want to apply for the RTD when you file for your GC. The form for the RTD is the I-131. Take care, Jason
Hello Jason
What are the countries which I can travel with travel document (TPS) do you recommend to travel abroad with tps travel document I512t?
Thanks
I’m not a lawyer, but experienced this myself recently
Advance parole (for TPS or any other) is a document, to be allowed back into the US (like a US visa), it doesn’t give you any advantages for traveling to other countries, and it doesn’t act as a passport replacement.
So you still will need to have a valid travel passport from your country, and probably a visa, if you travel to a country that requires visas for your nation. The only few times you will be using i512T and an approved TPS document is on the way back to the US are at the flight registration (they will be checking if you have a US visa and you need to present them Advance parole + TPS doc), and at the US border (they will take you to another room to verify your document, but usually TPS AP holders are allowed to get back in without much issue)
Thank you for adding this – it would be a good idea to have the TPS document and the AP document when you return to the US (though I believe that you can probably re-enter with only the AP document). Take care, Jason
I think you are correct and TPS paper is not required. However I’ve heard that in some countries they may not be familiar with AP and TPS, so may not allow people on the flight, even though people have parole paper (i512). In fact, when I was traveling to Armenia, it took them some time to check my documents on my way back to the US, because they didn’t know what Advance Parole or TPS was, but actually having the approved TPS paper helped me to prove that I have a legal status in US and should be allowed back.
So probably it would depend on the country where the person travels to, but I would still recommend having a TPS paper on hand to avoid any additional questions or issues
That makes sense – Thank you, Jason
TPS does not allow you to travel. You also need to get Advance Parole using form I-131. Once you have AP, it serves as a re-entry document (like a US visa). You would also need your passport to travel, and so whatever countries you can visit on your passport, you can visit with the passport and AP. When it is time to return to the US, you will need the valid AP document and your passport. I wrote more about AP on September 11, 2017. Take care, Jason
Jason, I have Individual hearing scheduled in 2025 and I am married to US Citizen. My lawyer said , before my spouse file petition for me , he wanted to remove my case from court as I have relative who is a U.S. citizen. And once case is removed from the court then my spouse can file petition for my GC. Is that correct advice? If not what would you suggest the best? Thank you.
@ZIA
JASON is in the best position to advice you. But here is my personal comments.
Whether you are in court or with affirmative case, the first step is to file I -130 petition by your spouse in marriage case. Did your spouse file that petition yet? That has to be approved before you file your Green card application.
It looks like your lawyer wants the case to be removed from court through PD, and once it get removed , he would file concurrent aplications I-130 & I-485 ti USCIS. But what If DHS do not get agreed to PD? That way time is wasted. Therefore without wasting anytime I-130 needs to be filed to USCIS. AT least I -130 is a strong evidence to get dismiss a case from court through PD in marriage case.
Again these are my personal views and I may be wrong as well as I am not a lawyer.
Regards
This all sounds right to me as well. Take care, Jason
I think it varies by location and judge, but that may be possible. Where we are (DC area), DHS usually wants to have an approved I-130 before they agree to dismiss. They may also be willing to dismiss with proof that an I-130 is filed. Even that may not be necessary in all cases, and sometimes DHS is more willing to dismiss than other times. Maybe for a case with no other issues, that DHS would be willing to dismiss even without a US citizen relative, this will work. I would follow the lawyer’s advice. Hopefully, at the same time, you can also start the I-130 process by filing that form now, as USCIS fees are set to increase on April 1. Take care, Jason
Hello Jason,
My spouse is dependent on my asylum case. If spouse enters illegally in US.
1. Has to file own asylum case or can say dependent on my case?
2. Will be issued documents like DL, EAD?
As you have written this, it sounds like your spouse is listed on the I-589 but is not currently in the US. I answered the questions based on that assumption: 1 – Probably when the person enters, they will be in immigration court, and they will need to file their own asylum application. A person in court cannot be added to an existing case at the asylum office. If you happen to be granted asylum while the spouse’s court case is still active, you can file an I-730 form and your spouse can (probably) close the court case and get asylum that way, though the process probably takes 1 or 2 years and there is no work permit while waiting for the I-730. If your spouse is inside the US and not in court, they can be added to your case. I wrote about that on March 29, 2023. 2 – The person can only get an EAD with their own case or if they are added as a dependent to your case, and then normally, they can get the DL. Take care, Jason
Hello Jason,
If my spouse gets Canadian PR, will it impact my asylum claim in US.
Thanks
No. In fact, I have had at least once case where the spouse was a Canadian citizen and the person got asylum in the US. Take care, Jason
Hi Jason, I reside in Tennessee. I have a naturalization interview coming very soon (early March 2024). And it came to my attention recently that I had an active warrant of arrest issued against me for failure to appear in court for backed up child support (I am consistently making payments but sometimes I don’t have enough money for a given month so I still pay some towards it). I never received any summoning orders in person or in the mail. So I was never aware of such order. Had I received a summoning order I would’ve definitely went to court on that set date without a doubt.
My question is, will the clerk conducting the interview be aware of such warrant? And if so would this active warrant affect my interview in any way or the decision to become a citizen? I have no other taxes, legal or moral issues, and my criminal record is clear.
Thank you in advance.
I think you have to complete a form before the interview that asks about any criminal issues since the naturalization interview. However, I do not remember the exact questions and am not sure whether you would need to disclose this issue. I do have a feeling that you will have to disclose it. If so, I expect it will delay the swearing-in until you resolve the issue. I would try to take care of it this week – maybe if you can resolve it, you will not need to say anything and you can just go ahead and get sworn in. Do look carefully at the questions they are asking to see what info they actually need, but I would definitely try to resolve it quickly. In terms of what they know without you telling them, I am not certain, but I would assume that they do know. If you tried to hide this, I expect there is a good chance they will know, and that will cause much worse problems than delaying the swearing-in. Take care, Jason
Satti, Jason responded with great advice already.
Here is my 2 cents:
You should approach this very carefully. In fact, I’d suggest that you get a lawyer- if you can afford one- to assist you with this as this can be quite tricky. While failing to pay child support is not an instant denial of your N-400 application, you may be setting up yourself- and I understand that this might not be your fault or you were perhaps unable to pay the child support- to fail the N-400/naturalization interview. If my memory serves me right, the Form N-400 specifically asks if you have ever failed to provide child support- and, chances are, you may asked this question in your interview. Failing to meet this kind of obligation could affect what is called the Good Moral Character test (GMC) for naturalization eligibility. And partial payments are also not acceptable or excused. Further compounding this is the fact that you have a warrant out for you. And, yes, USCIS WILL know that you are not current with your payments, and they will know that you have a warrant issued.
If you REALLY want to go to the naturalization interview, I’d suggest that, if you can, you should clear up all the amounts owed for child support (before) the interview. As well, you should resolve any issue(s) with the court order before the interview. Then you’d probably need to provide a good explanation as to why you were not able to make the payments, and why you failed to appear in court.
Though I can understand the excitement you felt when you got your N-400 interview notice (I know because I was very excited when I got mine), you should know that you are able to reschedule your N-400 interview. Usually, USCIS will reschedule the interview in the next couple of weeks or months. This should give you time to get legal advice and settle any payment and court-related issues.
Alternatively, you may go the interview and hope that the officer is sympathetic. The officer has the discretion to determine if , among other things, you meet the GMC requirement (a relatively subjective requirement), and depending on how you/your lawyer explains this issue, you may very well get a conditional or full approval. It is up to you if you want to take the risk.
If you have any more questions about the N-400 process, let me know and I will do my best to respond.
This is good advice – Thank you, Jason
I have asylum filed for me waiting for interview with uscis. I overstayed by b2 visa and applied asylum. I need to go to canada for important event. Under these circumstances can i apply advance parole. And how to apply for it. Do i also need a valid passport. My passport is expired
@RUPINDER, I am not Jason, but i am sure he will answer you. This is my take: Even with an overstay in your records, you can still go ahead and apply for an Advance Parole document and as long as they issue it, you will be ok to travel to Canada and back. You apply by using form I-131. However you will need your passport to apply. Unless your asylum case is approved and they issue you with a Refugee Travel Document, which you can use it in lieu of your passport.
This is right – if asylum is approved and you can get the RTD, then you do not need your passport to travel. But if you only have AP, you will also need a passport (unless the Canadian embassy indicates that they will accept some other document instead of the passport). Take care, Jason
You can still get Advance Parole and use that to re-enter the US. I wrote about that process on September 11, 2017. You will also need a valid passport, and so you will have to renew the passport. Assuming that is possible, it could affect your asylum case – you should be prepared to explain why you renewed and why your home government was willing to give you a passport (if you do not fear the government, but fear non-state actors like terrorists, this is easier to explain). If you cannot get a passport, I do not know how you can travel, as AP is more like a US visa than a travel document. Maybe email the Canadian embassy and see if there are any other options. Take care, Jason
Hi Jason,
In order to receive passport to travel with AP, we need to share our current status documents with our home country consulate. Isn’t that risky?
It is potentially risky, depending on the case, but if you want to travel with AP, you have no choice and must also have a valid passport. I wrote a bit more about this in a post dated September 11, 2017. Take care, Jason
what about refugee travel document do i need to have passport as well?
If asylum is granted and you have the RTD, you can use that instead of a passport. Not all countries accept the RTD, however, and so you might also need a passport to visit some places. I wrote more about the RTD on May 25, 2022. Take care, Jason
Hey Jason,
Your pro brono services to this community is highly appreciated as always. My friend was at the Master court hearing recently over his asylum case after the referral by USCIS, and the case asjourned to 2025. Meanwhile, the judge was told that he was already married to a citizen and as such, would be applying for dismissal of the case. Then the judge responded that the application could be brought and ve doesn’t need an attorney that he could make the application by himself. Meanwhile, his I-130 has been pending for over 6 months now.
Questions:
1. Can he file form 485 prior to the application for dismissal and attach the receipt of the forms 485 and the pending 130 to the application?
2. Apply for the dismissal with only the receipt of the 130 and wait for the outcome before applying for the 485?
3. What appropriate step should be taken at this time to ensure that the process is not over-stretch bearing in mind that it was the judge who advised that he could bring the application for dismissal by himself.
4. He will also need a travel document
1 – He can, but we do not do that, as USCIS cannot adjudicate the I-485 while the case is still in court and if USCIS reaches that stage before the court case is dismissed, he will be denied and lose his filing fee. 2 – He can try that. Contact DHS (the prosecutor) to see if they would agree to that. You can find their email if you follow the link under Resources called DHS Office of the Chief Counsel. 3 – It varies – some judges (and DHS prosecutors) will not agree to dismiss until the I-130 is approved. Other times, they might agree before it is approved. I think you have to reach out to DHS. In some cases, DHS will want to see the I-485 receipt before they will agree, but I personally prefer not to file the I-485 until the case is dismissed. However, you can do that if you feel confident that DHS will agree to dismiss once they have the receipt. 4 – He cannot get that until after the case is dismissed. Then he can get Advance Parole while the I-485 is pending, but he will need to also use his passport. Once he has the GC, he can get a Re-Entry Permit, which looks like a passport and is accepted by some countries as a passport (but is mostly used to re-enter the US). Take care, Jason
I am applying for green card after waiting for one year receiving my asylum approval. I am an Afghan national, and heard that the USCIS waives the application fee for the Afghan citizens. I would like to check if it is true? Thank you for answering my question in advance!
I thought that was the case too, at least for certain Afghans, but I do not see anything about it on the I-485 web page (at http://www.uscis.gov). There are still some categories of Afghans who do not need to pay the fee, but I do not see that asylees are one of those categories. You might try the fee calculator (https://www.uscis.gov/feecalculator) to see if you can find anything more there. Take care, Jason
I think they are right on the Green Card application processing time based on Asylum. I know a guy got his Green Card approved in 15 months last October at national benefit center Missouri. last week, I received mine from the same service center after waiting for 11 months, I heard another guy filed after me also got his green card last months. I also know 2 person in my area waited almost 2.5 years for their green cards a year ago. So UCIS clearly made huge progress with Green Card processing at least in Missouri service center. I am hearing people get their green cards in 6 months too. So it is a good news. It may vary significantly between different service centers too but if your case is at national benefit center Missouri, you are lucky for now.
We see most people get the GC in a year or 1.5 years, but if that is the case in general, USCIS should update the post processing time. Take care, Jason
Allen,
Do not make me cry. Mine was at Missouri National Benefit Center but after pending for 7 months, they transferred it to Vermont claiming that this was to speed up the processing. After waiting for over 10 years, I was getting excited to finally get even a green card but see that the best center has transferred my case.
Hi Jason,
when i want to fill out the i-131 online the fee is 660 but on USCIS wesite says that refugee travel has to be 220 dollars, how can I fix this issue? thank you.
There are different types of documents using the same I-131 form. If you want a Refugee Travel Document, the fee is $220. If you want some other type of document, the fee is different. Also, so you know, I believe that the fees will be going up on April 1, 2024, so you may want to file any application before that time. Take care, Jason
@asylee5
You can’t file refugee travel document online yet hmm you have to mail it out
can i use travel refugee as passport as well?
Do you think USCIS will return to FIFO interview order
What I mean is, do you think it’s realistic ? I have seen you advocating changing to an FIFO interview order for a number of years but…could it be ever disappointing to see none seem changed other than, maybe the 80 new asylum officers hired to deal with backlogged cases ? (which is basically an undelivered pipe dream it seems).
If somebody ( e.g. conservatives…) mocks your efforts so far, since it has been so many years…would you continue to advocate for this change ?
I think FIFO is fairer and better, and I do not think LIFO helps to prevent fraud, and so I will continue to state my beliefs. Take care, Jason
Good luck on that lol 🤞
I highly doubt it, but they should. Take care, Jason
Hi Jason, thank you for the space. my company is offering me EB3 or H1B. My situatuon:
– I arrived to the US in 2021 in B1/B2 visa and extended only once.
– I got married to an asylum seeker from Venezuela and got added to his case as dependent.
During my B1/B2 visa period I worked remotely from the US for a company in my home country and getting my salary paid there as well as taxes. Is that considered illegal working for the USCIS? My fear is to persue EB3 or H1B and when going back for consular processing and to get questioned about the work done remotely in 2021. Thoughts?
Thank you very much!
I do not do such cases and I am not sure, but I think that working for a company in the home country while you are here would not be considered unlawful employment. I do think you would need to reveal this to any lawyer who assists with the EB3 or H1b. You might also ask the lawyer about a section of the law called INA 245(k), which might allow you to get a GC without leaving the US (I think this will not allow you to get an H1b inside the US). Basically, if you came here, maintained lawful status, applied for asylum (or joined your spouse’s case), and you have been waiting ever since for your asylum case, you may be eligible to get the GC inside the US. I wrote more about this on August 28, 2018, and about consular processing on September 6, 2018. Definitely talk to a lawyer about your options and have the lawyer map out for you each step in the process, whether you need to leave, what you will do as a back-up plan if something goes wrong at the consular processing stage, and whether your working for the home company has any effect. Take care, Jason
Dear Jason,
I want to share some updates with you and community about USCIS processing times upto the FY2024. It showed drastic improvement in the processing time, not sure if that’s actually happening. It shows I485 apps now taking around 13 months and I730 takes 7.5 months.
Please let me know if you have seen this trend in your practice. Link is below.
https://egov.uscis.gov/processing-times/historic-pt
I checked the I-730 before I wrote the above article and I just checked again and it is saying 29 months. There are different processing times for I-485 forms, depending on the basis of the application, and so some may be fast, but asylum is still saying 32 months. Also, maybe check this website: https://egov.uscis.gov/processing-times/. Take care, Jason
Jim,
It is true that USCIS has made significant progress in processing form 730 because my child’s application was approved in just 5 months. Hope this works for green card applications as well
I agree that sometimes these cases are processed quickly, but often they take many months, and the published average on the USCIS processing times web page is a lot longer than the average wait time in USCIS’s announcement discussed in the above article. Take care, Jason
Hi Jason, thank you for your support during this log wait.
Finally I was approved! Applied in Nov 2015, Interviewed in Dec 2023 (expedited via Senator’s office), Approved in Feb 2024 (expedited via Senator’s office).
But there is an issue. My wife received a white card with wrong last name. She has different last name, but received a white card with my last name on it.
My lawyer has already sent email to the USCIS for new white card. My concern is that it will take another year to get corrected white card and I will have to do that via Senator’s office again. What your professional experience tells you? Should we do something extra here?
Thanks.
Congratulations JIM on your approval. Can I ask what office issued your decision?
I am not JIM. It was Newark.
I think the best way to correct this is by emailing the asylum office, which it sounds like your lawyer did. It is possible to apply for a replacement I-94 card, but I do not know that this will correct her name (plus it is expensive and slow). If her name on the asylum receipt and approval letter is correct, maybe wait to see what the new work permit says – if her name is correct, she can probably live without the I-94 card. Anyway, you no longer have to wait to apply for a green card, so maybe she can start that process soon, and once she has that, she will not need the I-94 at all. I wrote about that process on February 8, 2023. Take care, Jason
I thought that we need correct I-94 card to apply for green card for her.
We received new 5 years EAD before decision was made on our asylum case. I don’t think that new EAD will come. But i am not sure. That was my concern too. What will be expiration date on new EAD if they come.
Thanks!
We always send the I-94 when we apply for a client’s GC, but I do not know that it is required. Also, she can include it and explain about the name. The new EAD should arrive based on asylum granted. I do not know if those are valid for 5 years or not, but she can apply for the GC relatively soon and so she should have that before the EAD expires .In any event, I do think it is best to try to get the corrected I-94, but I am saying that she has other options if that does not work. Take care, Jason
Received A05 EAD for 5 years.
That is good to know. Thank you, Jason
Congratulations on getting interview.
Can you please advise if you provided senator with reason for expedite request or if the reason was “extended wait time”?
I’m in the same boat, waiting for interview for over than 7 years…
When I sent a letter to Senator to ask for help with getting interview, I did not have any valid reason. I just told that I am politically active and want to participate in meetings in Europe because of war in Ukraine. Some other things like we gave birth to two children one of which started attending school, but still cannot get interview. Also I knew from this blog that they started to invite people from backlog.
Second time, for decision, I wrote that I waited 8 years for interview, now I have been waiting for decision for more than a year.
That is it. But I have a good Senator. His office always responds. It is better to have senator who serves many years and he has staff who helps him.
Thank you for sharing.
I’ve been contacting US officials on the same matter for last 4 years.
Contacted 7-8 of them but no one was able to expedite anything.
Congratulations on progress of your case.
Hi Jason,
What do you think of this bill that would allow undocumented immigrants to sign up to serve in the military get their Green Card through military service?
Thank you
Sorry, I had to remove the links, as they were preventing your comment from posting. I have not seen that bill, but Congress could pass a law giving status to people who serve in the military. If that happens, it will be in the news and we will know about it, but that would require Congress to actually pass a law related to immigration, and that seems unlikely. Take care, Jason
Hi Jason, thank you for your work!
We got referred to a court by USCIS which we imagine can take another few years, but after almost 8 years in this pending status we just can’t wait like this anymore. So could you please advise, if one of us gets work visa (H1-B) will we be able to close our asylum case? As I understand now we are in the removal process, so it possible to change status in this situation?
You cannot change to an H1b while in Immigration Court. You could try to dismiss the court case through prosecutorial discretion or you could try to leave based on Voluntary Departure, and then either try to get the H1b inside the US (in the first case) or get the H1b outside the US (in the second case). I think either way will be difficult and there may be bars to returning if you leave. If you have a company willing to sponsor you, it may actually be easier to get a green card based on employment and a section of the law called INA 245(k) (again, assuming you can get the court case dismissed). I think you need to talk to a lawyer to see what options are possible, and what are the risks. I wrote something about this issue on August 28, 2018 and September 6, 2018, and maybe that can give you a general idea, but I think you would need to talk to a lawyer about your specific situation to see what can be done. Take care, Jason