What's your timeline? Show some spine instead of trying to compromise. I would not care too. Jun 11, 2022 #1 I saw some webpages saying that the applicant can write a letter to USCIS office to withdraw asylum application. Because I think they can go back to the fair system by now if they really consider that. It is ironic that the migration is considered illegal, but people have the right to seek asylum, which makes the migration legal. You should not abandon your asylum request at the time of submitting I-130. I was about to change the address but Im wandering if this means that Im about to be scheduled for interview or you all have the same message. If you have an urgent need for the decision (due to a health problem or family separation, for example), inform the Asylum Office about the situation (and provide some evidence), and ask them to expedite the decision. Unfortunately, your asylum claim will be considered abandoned if you leave the US, and if you remain in the US you cannot receive a work permit until at least 180 days after your filing date. Unless, of course, the government believes that when the person applied for asylum s/he was less capable of committing crimes or hide his/her identity, than when s/he is applying to adjust his her status. Why do they take so long to approve the GC provided that they have already done the background check before. Like I said, seeking asylum is legal and I am grateful for the opportunity to seek asylum, and would very much want the opportunity for everyone facing any form of persecution. The ridiculousness of it is that they conducted a lengthy background check before granting asylum, and would delay your green card application under the pretext of conducting another background check. Such a move might be challenged in court, but given the easy legal standard for asylum, it does seem to me an option. Take care, Jason. In part, it is because there are different requirements for the two types of relief. In my humble opinion, before asylum is granted, or before someone is admitted as refugee, a thorough background check should be performed (this would also help in streamlining the process). How Long does it take to Withdraw I-130? Take care, Jason. If she is being a politician, I dont think she did a good job frankly. Under these circumstances, youd think they would have more time to complete cases that were previously interviewed, but we are seeing very few decision in such cases. I dont see it happening anytime soon, but one never knows. You are right! I hope you get an interview soon (try to expedite and pushing if you havent) and get a decision right after. You see that? I find it perplexing that democracy in the U.S. cares more about calculation rather than integrity and altruism. I wrote about that on April 20, 2017. This is not but wicked, I truly believe they want to improve USCIS. He may want to contact some non-profits near the border to see if they have a better idea about the situation there. For travel to see sick relatives, the better bet is to get Advance Parole and use that to travel and return. No news. My understanding is that it will allow certain people to close their court cases. Its so disappointing to see that theyre still not willing to put much political efforts into such issues. Good luck!!! I mean, is the interview component a must of the process? Unfortunately, for many of these old cases, it feels like they have been forgotten, and there is no indication about when a decision will ever be issued. What is your timeline of getting a green card ? You can try to expedite I wrote about that on March 30, 2017. They are caught up in a philosophical dispute between lawmakers about the best way to address the crisis. I had to flee because she was nearly abducted. You can find their email if you follow the link under Resources called Asylum Office Locator. We must fight back; before we know it, words like asylum and refugee will become synonymous with illegal. Yesterday I called USCIS on the number that you provided and spoke to a USCIS agent. I am also an Afghan waiting for my interview for more than 6 years now. Ive written before about the, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to email a link to a friend (Opens in new window), Click to share on Reddit (Opens in new window), A Tale of the First Thanksgiving or The Beginners Guide to Immigration Bureaucracy, Attorney as Counselor; Attorney as Cheerleader. I personally disagree with asylum without interview or court process. The United Nations 1951 Convention and 1967 Protocol define a refugee as a person who is unable or unwilling to return to his or her home country, and cannot obtain . Take care, Jason. Sadly, the USCIS processing time for such cases is listed as 1 to 3 years, or something like that. I am in Florida so no problems here. I am not sure that is 100% correct, and so you have to wait for the letter, but it is a hopeful sign. I agree that the system is broken. Because, if a person is too shrewd, you dont know if one day that person will turn his/her back on you. Would that particular adjudicator disinclined to grant asylum compared to a similarly situated case ? He is not suggesting to sue the USCIS. If you are worried about it, you can also email the asylum office directly to inform them of your new address you can find their email if you follow the link under Resources called Asylum Office Locator. My EAD expired in April 2021. Shake my head. Recently I won a green card lottery which I am so excited about, and preparing adjustment of status application based on that. What should I do, You can apply to renew the EAD normally. They could obviously do a MUCH better job. I cannot find any guidance online but the USCIS would issue advance paroles for Asylees if requested. So, e.g. Remember you are in removing proceeding, so you can't file I-130 and I-485 simultaneously. . Or will people like me be eligible to apply for freedom that will cover RFE and U-visa by asking uscis to grant them a PR? Take care, Jason, Thanks Jason for weighing in. Actually, this is an issue I have been thinking about. Take care, Jason. There are momentary about 543,000 pending cases, and some applicants may been waiting for an interview for six, seven, eight time or longer. In addition, have you ever read section 208 of the INA, the same section that makes you eligible for asylum in the U.S.? I have applied Asylum in May 2016 and my asylum case is still pending. Why would you use the passport?). I do not think Trump says what he means at all. Take care, Jason, Hey Jason, I am an asylee preparing to send my Naturalization package to USCIS. This is true even for denials, but USCIS gives some asylum applicants the option to voluntarily waive (skip) the interview and go directly to court. Please help, How did it go? Was the money, time and effort put into it really necessary; when you jeopardize the whole system and put hundred of thousands of people into long and uncertain waits. I do understand I wont be able to fly or drive and will have to carry a copy of my Notice of Receipt for Asylum Application at all times, but is there anything else I could do? One common reasons is the security background check. Pls advice. Regardless of how much democrats criticize her for these comments, it is highly unlikely that they vote republican. Fingers crossed for all the 2021/early 2022 filers who are still waiting, you're up next:) I dont think the care for Republicans will be reciprocated frankly. Can they come without a visa? Dear Jason, My husband along with my children had an interview in the Arlington office 2 months ago. If anything, I believe her statement was ambiguous, because why discouraging people from making the dangerous journey illegally, she also mentioned that there are legal ways that immigration should occur. Would be grateful if you could share your experience. There is a link under Resources called FOIA USCIS you can use that. So the question do you, Jason, or anyone from fellow applicants, know if I can make an inquiry to UICIS regarding my EAD, basing on ID expiration? Send a copy of your I-485 approval notice and GC. However, a pending asylum case would not normally make someone ineligible for an H1b, since H1b is a dual intent visa, meaning that the embassy will not care whether he is trying to remain permanently in the US they should issue the visa anyway. Take care, Jason, Hi Jason, i lost my passport, EAD and SS card but my EAD is expiring soon. . Such an inspiration. We know people can get some immigration benefits without an interview as well. Can I apply for relieve from Court and apply for GC base on this new rule for uscis to relieve victim of serious crimes? Thanks Jason for weighing in . Thank you, Can someone respond to me please, thank you. The Ombudsmans office is not terribly helpful, but again, there is no harm in trying. It still works as ID here, and the deadline to get real ID pushed to MAY 2023. That is smart! Please enlighten us, The memo was released on Friday, but I have not seen it yet (it was not public as of this morning, but if it is not available by now, it will be soon). Then, when an application for adjustment of status is submitted, the government should really be looking for new information or if a crime- one that would trigger a bar(s) to adjustment of status under the INA- was committed, in the U.S. or overseas, while the applicant was in asylee or refugee status. Hi, the officer actually asked about the asylum case( but general questions about it tho). document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Jason Dzubow, Esq. My wife and me got interviewed asylum case.Now we wait ing decoration 5 years.We check our case status it shows Application is pending. If not can they seek asylum at the airport? If you win, it is worth checking with a lawyer about eligibility to adjust, but for most asylum seekers in the US, the DV lottery will not help. Nov. 29, 2022. Its almost as if they are punishing you for trying to do it the legal way. Take care, Jason, Hello Jason, There are a lot of better, more pro-asylum seeker Democratic politicians. Its not only unfair; it flies in the face of logic and common sense. . If you have asylum questions, call US asylum attorney in New York: Alena Shautsova 917-885-2261. Before you try that, if you have not done so, you can inquire with the Asylum Office you can find their email if you follow the link under Resources called Asylum Office Locator. #2 Withdrawal Reason Even though Biden is POTUS, and there is a new administration, we are still not back to pre-Trump refugee admission levels because of the amount of damage already done. Take care, Jason, Thanks Jason . Take care, Jason. With the new descriptions for court cases, I have an RFE for jan 2022 for asylum. Congratulations . Some things that Kamala said, in reference to asylum seekers: We will discourage illegal migration if you come to our border, you will be turned back (a contravention of international refugee laws, BTW) There are legal methods by which migration can and should occur These statements sadly connote that trying to seek asylum in the U.S. is illegal. That means progress has been made and hopefully an interview call would be right at the Corner. If you have tried everything else, mandamus is the last option. I did a blog post on September 22, 2016 with links to non-profits in different states. I can begin to list them here one by one.. Take care, Jason. It was a smart approach, because Republicans will not have an extra quote(talking point) for 2022 and beyond. Recently, my status is changed from Application is Pending to Decision Is Pending. Picks?) I am in the same position. Of course, your case can be different but I think it is a good thing. .currently it takes 6 + months to get one for a document thats valid for a year that has to be valid for 3/6 months to travel to certain countries . Thank you so much! My AB60 drivers license is valid for 5 years. You've submitted an application for asylum with U.S. But what about marriage equality or situations related to non-binary people ? More specifically, can the spouse travel back to home country for H1B visa stamp and re-enter the U.S. under H1B visa status? I have urged the person to file a mandamus, but that is not something he wants to do. No interview call Yet. And they have the audacity to try to insult our intelligence. In certain cases, we will send your asylum application to the immigration court. I would be blowing gum while having eye rolls, because his action would never have matched that Comment. Is it true? Will they be allow in the US at the airport? In fact, I believe that a good number of them are more aptly economic migrants. (See . Maybe depends on states. Or extend validity time of EAD.. You can ask to expedite your EAD processing only if you suffer financial loss. She did what politicians do. Other times, it can take less than one year. Sorry to hear this. I have my mch in November? Did I say that she did or did not say people should not seek asylum ? However, we received a reply as our application is on the final decision. The most effective way to do this is by email. I recommend to do it 2 months before your receipt expiration date, if you dont receive your EAD yet. I second to this. So dont worry. . Take care, Jason. 3 In my experience, they are pretty good and so hopefully you will receive news in a few weeks (though in some cases, it can be a lot longer). I was interviewed in 2018 till now case is pending final decision. At least in my experience, the delay tends to be worse for people (especially men) from majority Muslim countries. Take care, Jason. Take care, Jason, It looks like even the Biden administration is just applying Trumps evils plans because it looks like EAD cards are almost taking a year to be produced . They told me that Potomac service center is currently processing EAD applications from July 2020 and the current processing time is 7 to 11 months. The delayed decisions are particularly frustrating these days, since the Asylum Offices are interviewing so few new cases. In the face of such development, should an asylum seeker still do what should be done (bring litigation) ? If all else has failed, mandamus is the last option. None of these stopped you from getting a PHD. This office exists to assist people who have delayed or problematic cases. mrsplt 2 yr. ago AOS was approved after very challenging RFE but God is always good . You should keep an eye out and check your status or contact your asylum office for further instructions. This is also an area where I am curious about. Take care, Jason. It may be more effective if you have a U.S. citizen friend, church group or employer who can make this request for you. I Dont know how they can do this cruelty with us, We need to be heard Jason. Jeff Sessions acted more than he talked! That may help you. Such inquiries rarely help, but there is no harm in trying. If you are applying for AP in conjunction with a work permit (for example, if you are getting your GC based on marriage), then it does not have your passport number, but for asylum pending AP, I am not sure. Im waiting for the interview since Feb 2015 in New York. Because while discouraging* that should read. Seeking asylum is one of them, and I believe she knows that. That said, to me the best president for asylum seekers would be one where we get new legislation (through Congress) clearly defining who we want to protect, and then implementing that new law. I had an interview in 2017. So for example, I support #MedicareForAll, but the adjudicator doesnt. Questions- did you actually read or listen to Kamalas statement- one that is clearly political, BTW- on Central Americans coming to the U.S.-Mexico border to seek asylum? They could have died. In some cases, I can see that there might be security check delays, but several of the cases seem like there should be no such issues, and so the delay is hard to understand. Secondly, if a withdrawal request is made prior to an asylum interview the foreign national opens oneself to immediate removal, even custodial detention by the ICE unless there are other forms of relief possible such as adjustment of status based on a bona fide marriage to a USC. With all frustration and no hope, I contacted the Ombudsmen office in Mar 2021 > explained my lengthy case that how my background is clear but my case is being held for no reason while I am an expert that is valuable for the US Maybe you can find some non-profits near where he is located and contact them. She knows it, we know it, but she is not letting Republicans blame the administration for any immigration crisis. So if Im lucky it should be processed around mid-end August. Congresswoman Intervened, no result. But for many people, not making the journey is also very dangerous. I think we do well to preserve the integrity of the system by doing our best to ensure that those who benefit from it are legitimate asylum seekers. Quick question Strengthhope Do I need to resubmit the form? Why all the unnecessary interviews (For Adjustment of status for Asylees)? In the days leading up to their placement with a foster family, I saw both newborns go through an uncomfortable drug withdrawal. This is not always the best path, as it depends on the case (I wrote more about this on August 6, 2018). I dont want to say yes to the question because I dont have documents to back that up. Im waiting for the interview since Feb 2015 expedited 6 times no luck in New York. Not just Potomac is the slowest center in processing EADs for Pending Asylum, but they are also reviewing other EADs in much faster timeline (2 to 5 months), why wouldnt they just divide the force to make it more even? Thank you for sharing this useful information. Politicians shift their talking points for political expediency. Am a single mum after loosen their dad many years ago. can asylee sue the government over this? Please help, I am sorry about your brother. Generally, in my experience, this option is not very effective, but there is no harm in trying. What we should to do, The article above has some ideas and some links that you can try. I mean its not No.1 but isnt No.2 good enough ? i have a situation like this , My attorney send to uscis a letter that I want to withdraw my asylum case because I got my GC from a marriage based application, he sent a copy of my gc But no answer yet . Paper credential could be faked or polished For example, the 2 most populous countries in the world filed a lot of fraudulent asylum claims. What is your opinion of an Asylee pending adjustment under 209 who travels with Advance Parole (without RTD)? Its been processed in Potomac, and that office currently seems to be the slowest one. Hi Naya, Jason Dzubow, Esq. thanks, I have had clients do it (often because the RTD is too inconvenient), and no one has had trouble. Take care, Jason. Do I have to apply to the court for relieve to the court or uscis? I think it is a personal decision whether to try to sue or not. I am sure you do; I pray for you. I meaneven AOC and several White House officials are perplexed by her comments. Practically speaking, there is not much of a difference, as it concerns how a refugee/asylee lives in the U.S. versus someone who adjusted his/her status based on her his/her former asyleee/refugee status. if your case was pending. If you have a case in Immigration Court, you can withdraw your asylum application, but this will likely result in an order of removal (deportation) unless you have some alternate form of relief (or if you receive prosecutorial discretion). Bill to combat youth fentanyl crisis to be introduced after multiple teens overdose in a Texas school district. Anyway, thank you for sharing this and congratulations again. I tend to think ideology generally has no effect, but the adjudicators are human, so you never know. I was reading this your post: The TRIG bar is quite broad and many people are potentially affected. Are we seriously pretending we do not know that Politicians all over the world say anything that would help them politically ? I will probably wait a bit more like somebody mentioned below, and will try to apply for expedition closer to expiration date of my extension. Their actions hardly match their words. https://www.cnn.com/2017/05/11/health/female-genital-mutilation-fgm-explainer-trnd/index.html, The Benefits and Burdens of Court-Appointed Lawyers, Affirmative Asylum Backlog Grows at Unprecedented Rate, Adding a Dependent to an Existing Asylum Case. I say again, I care about what politicians do than what they say. JDzubow(at)DzubowLaw.com. On the other hand, it is an outrage and a tragedy that the system took so long. Jason, I definitely agree. They'll do it all the way up until the interview. What we should to do..We dont have Attorney.. Hi. California lawmakers have authored more than 30 bills in the Legislature this year to address fentanyl. That was particularly true when he spoke about asylum seekers, who he vilified and used to help propel himself to power. Tina, we can, in the comfort of our protection, say what we want. This was an extremely hard journey for me from all fronts: being away from family for 10 years, the pressure of in-limbo life combined with university and Ph.D. studies, and dealing with severe anxiety and eventual depression because of the wait. Her statement is open to many political interpretations and otherwise, but smartly not a talking point for Republicans. How long these days to get the interview to be naturalized? Use undocumented insteadI think her remark is highly controversialif she intends to not rile up progressives and conservativesI am not sure she succeeded either frankly, She once ran against a latina for U.S. Senate seat, there could be lingering resentment there. And worse case, you will have to resubmit the information to e-verify. Please stop using illegal to describe us. In your situation, it is just over 2 months since you filed, so it is probably too soon to be inquiring, but the news from the person you spoke to is not encouraging. She should not be afraid of Republican blames. We are seeing people wait 5, 6, 7 months or more. I did put that, and she sent the form. Lets start with section 208 of the Act [8 U.S.C. What we should to do.. My wife and me got interviewed asylum case.Now we wait ing decisions 6 years since 2015 We check our case status it shows Application is pending.Looks still not decision complete. I think to get back at me, that defendant could conceivably do a lot of things to retaliate. Hi Jason, Have you used Senator/Congressman in any of your expedite requests with supporting documents? BTW I applied @ LA office September , 2016 They all have passport. what can be done about the RTD (refugee travel document) situation ? Take care, Jason. However, if you change your address online using form AR-11 (available at http://www.uscis.gov), your new address should be entered into the system quickly. Take care, Jason. Below are a few options that might be worth a try: Inquire Yourself: Contact the Asylum Office directly to ask about your case. I have received my approval letter next week. I once asked a prior Asylum Division Director about the discrepancy, and the only explanation I received was that the background checks are different at the two different agencies. If you are one of these unlucky souls whose decision is delayed, what can you do? How long does it typically take to change to a new update? Thank you brother. : I am wondering about this for a long time, given some recent events. Thank you, I do not know, as the asylee is eligible for the Refugee Travel Document, which is better than AP. If you have a GC, the process can sometimes be slower for than if you are a citizen, but you should be able to sponsor her, as long as she is eligible (no prior deportation orders, arrests, etc.). Wondering if I will ever meet them alive. Take care, Jason. Please note: If you withdraw your asylum case, you don't have any legal status in Germany and would therefore be asked to leave the country. I always assume that asylum seekers should generally be in the progressive campas without those progressives, who will grant you asylumBut recently, when I try to invoke some progressive sentiment used by AOC or Bernie Sanders or other progressive members, I can feel this tangible disapproval from the asylum communitySo is thatprogressive ideas like #MeToo #MeicareForAll #BlackLivesMatter #AbolishICE #DefundThePolice not popular with asylum community at large ? Well said, Jason. But is there any law that prohibits USCIS from granting the case without interviewing an asylum seeker based on the documents already submitted? If you plan to make an Ombudsman inquiry, it is a good idea to try one (or more) of the above methods first, as the Ombudsman will want to know what youve done to try to resolve the issue. We really need a complete systematic over hall, but whether that will ever happen, I have real doubts. I applied for an extension in November 2020, so its been pending for over 6 months now. I have the same problem for the last 3 years and I have never gotten any decision. The AO notes was there that why my asylum was approved. but what if GC holder ( based on asylum) starts using his national passport (of course not returning to the country of persecution) will that be a big concern? A friend of mine, an activist from Hong Kong who had been arrested and is still hunted by the Chinese police for his activism, is now stranded in Mexico. I had my interview 2 yrs now I have been waiting for a decision;for almost 1 year and 8 months,2 months ago they called me for another interview,by same asylum officers;and she promised to give me a decision in a couple of weeks;now its been months and no still decision,I have already my ead and social for months now,why is my decision taking so long,do I have any hope of approval? I have received a response pretty same last year. The wait time for a decision from Arlington seems pretty slow. I do not believe so! I do not think they will be able to board the plane without a visa. Maybe, but I am not at the border and I do not know much about specifics there. Do you think that if someone got arrested illegally and paid money for his release could be on a TRIG? This will help with the deliberation process and projection for future like in 2022 an 2024. Related to this is the high turnover rate for Asylum Officers. Just send a letter asking to withdraw the application to the asylum office with a copy of his green card. How long does it take to withdraw asylum? Also, do you have any tips for me and mistakes to avoid. Thanks in advance, I think processing times at http://www.uscis.gov are 1 to 3 years, but most of our cases seem to take 1.5 to 2 years. !Weve seen uSCIS deteriorate under the Trump administration but this is USCIS under the Biden administration. Sorry to insert myself into this but do they not conduct a background check for every immigration benefit even A Refugee Travel Document? But his kids and wife are back home. I expect that to come from Donald Trump, not from Democratic politicians. There is a new memo to ICE prosecutors it was sent to them on Friday, but I have not seen a copy, as it is not yet public (though I expect we will see it very soon). FOIA can be requested via your USCIS account online you need to make an account. Do we seriously think she mis-spoke, or she is anti-asylum? The U.S. has some very sophisticated technologies, including those used when immigrants and non-immigrants are seeking to be admitted to the U.S., that they can use to verify the applicants identity (in seconds, too). Jason I applied for my EAD renewal on April 1st 2021. Refugees- the ones who were already vetted by the U.S. government and the UN Refugee Agency- were categorized as a threat to the U.S. As such, the drastic reduction in the number of refugees admitted into the U.S. was warranted (in their minds). She is trying not to expand the anti- immigration base by giving the base a brush to paint her as an architect and advocate for open borders and chaos, just as they have painted the President. You can file online. Nov 4, 2021. employment based green card in hand while pending asylum. @ Asylee .I-130 Applied in March 2019. Also, you would do well to talk to a lawyer to see how best to proceed with the two cases (U visa and court). The journey is hard and you will be broken many times. The numerical bar does not apply.23 Jointly filed MTR by the respondent and DHS. She is probably more in the camp for economic migrants. Is that useful?
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