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. Congress: You can contact your Congressional Representative or Senator to ask for help with the decision. 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? 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? Its been processed in Potomac, and that office currently seems to be the slowest one. Is it possible to have a perfect President for asylum seekers ? Germany refugee statistics for 2019 was 1,146,682.00, a 7.79% increase from 2018. Many of us were extremely concerned then; we wanted more allies in our corners, regardless of any political consequence. What asylum office did you file it at ? EU+ countries received 34, 000 applications in 2022 from Bangladeshis for international protection, reports UNB.With this in total some 966,000 applications from across the world applied for EU+ countries asylum during the period, up more than 50 per cent from 2021, and the most since 2016, according to the new analysis of the European Citizenship Nunc Pro Tunc Permission to Reapply Returning Lawful Permanent Resident Cuzwhy bring in people who would vote for my opposing political party. If you have a second interview coming up, hopefully that is a good sign. Ever since I have not had an interview. An asylee is a person who meets the definition of refugee and is already present in the United States or is seeking admission at a port of entry. Hoping that the asylum case will get quickly resolved is not a great idea, as such cases can be very slow (and can be a lot longer than 2 years the wait time is simply not predictable). [3] According to the IPA, an asylum application should be examined the soonest possible and, in any case, within 6 months, in the framework of the regular procedure. 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). What we should to do..We dont have Attorney.. Hi. I would need a shared experience of anyone that have been through these. FOIA is only good to see whats going on with your case. I wrote about expediting on March 30, 2017. If the government is concerned about the identity of an asylee/refugee (one who has been granted asylum or admitted to the U.S. as refugee), and therefore the safety of its citizens, doesnt it make sense that the government would do a thorough background check before the applicant is granted asylum or admitted into the U.S. as refugee since these statuses are indefinite and potentially permanent? You can circle the answer and write see cover letter. In the cover letter, you can explain what happened and attach any evidence you have. Take care, Jason. I dont know if Kamala is ignorant of her countrys asylum laws, or if she is pussyfooting around the hot-button topic of immigration, but her blanket statements about asylum seekers, to me, are, at minimum, dangerous, in terms of peoples perceptions about what asylum and refugee actually mean or involve. Congratulations! I havent had a chance to comment much, but now its my turn to ask a question . Sitting on my chair and is midnight, no sleep, worried about my children in a war zone with no father or mother. The directive from ice states that you have to be a immediate relative of someone in serious danger physical harm or other serious danger etc can this be classed as a case they can use to close the removal proceedings? while the caseload of applications pending decision hit its highest Take care, Jason. Yesterday I called USCIS on the number that you provided and spoke to a USCIS agent. But its a bit frustrating that I still get comments incoming, which forces me to respond because I hate to leave anybody hanging. That is smart! Is that a mistake? Dear Jason, My husband along with my children had an interview in the Arlington office 2 months ago. Whether they actually want to do that is an open question sometimes, it is better to continue the case. We know that USCIS has the practice of referring some asylum seekers to the court without interviewing them. I am glad it did; thats why I shared, knowing there are many people who are still in the same situation. I may be searching for the rest of my life. More than 160,000 asylum seekers were waiting for an initial decision on their claim at the end of December - up 60% for the same period in 2021. Interviewed April 2017 (several requests for an interview got rejected; eventually got an interview) He actually had a situation that force him to come to the US and seek asylum. Recently, my status is changed from Application is Pending to Decision Is Pending. My current EAD ID which is expired now had a couple more days left on it at that point. It mentioned that '' you completed your interview in 2021,'' but my interview was in 2019; what does it mean? WebCountry of asylum is the country where an asylum claim was filed and granted. For this reason, I have never applied for AP for a person with asylum. He may want to contact some non-profits near the border to see if they have a better idea about the situation there. This guide provides strategies for practitioners seeking a clients release from immigration detention. Asylum pending and parallel making EB-3 approved, just waiting for I-485 Interview. But my question was about if there is any law that prohibits USCIS from granting the case based on evidence submitted. I also support doing some of the cases- both defensive and affirmative cases- over video. What is your opinion of an Asylee pending adjustment under 209 who travels with Advance Parole (without RTD)? 1158], which expressly gives these migrants the right to claim asylum: Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such aliens status, may apply for asylum in accordance with this section or, where applicable, section 235 (b) In laymans term, the Act is saying that, regardless of how you get to the U.S. or its borders, and regardless of your immigration status, you are legally allowed to apply for asylum. Good luck, Jason. I have a dilemma regarding my situation. I mean, is the interview component a must of the process? www.DzubowLaw.com You should talk to a lawyer to make a decision about how best to proceed, as it depends on the strength of your case and your goals. Thank you for posting these articles and answering questions in the comments. You should be prepared to answer such questions if asked. You see that? * This includes 666,218 asylum application cases filed since October 2000 and an 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. Anyone in the same boat? Take care, Jason. Hope you see your mom and close relatives soon. I do not think this means that an interview is coming soon (maybe it does mean that, or maybe it does not). Hey, is the asylum decision pending from 2013 or your interview is pending? I believe we should look beyond that speech, plus she never said asylum seekers are illegals. Related to this is the high turnover rate for Asylum Officers. How can I apply.for FOIA? Mashas F1 status expired on June 1, 2020. Quick question Strengthhope If you do nothing, you are likely to keep waiting for some time, as USCIS has been prioritizing newly filed cases over old cases since January 2018. Ever got a response back? Examples of this threat, which occurred recently, are when Greeces Migration Minister Notis Mitarachi described asylum seekers from Syria, Afghanistan, Pakistan, Bangladesh and Somalia as illegal migrants, and when Kamala Harris, the U.S. Vice President, described the attempt to seek asylum at the U.S. border as illegal migration! Thanks for your help, Hi Jason, i lost my passport, EAD and SS card but my EAD is expiring soon. If they do reach the US border, they can apply for asylum, but it is likely they will be detained, and they could be deported quickly depending on the case. Do your damn job, or dont do it all and let people know that you dont like immigrants, legal or illegal. If an officer told you the case had already been approved, then you wont see much except AOs notes that why he granted you asylum. I do not really know any specifics about different background checks, and I do not know whether they perform cursory background checks for every application. TRAC examined all asylum decisions in case-by-case Immigration Court records covering FY 2001-FY 2021. They all have passport. I expect that to come from Donald Trump, not from Democratic politicians. 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 Where did you see the status change of decision pending? 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. The vice president is not, and we know her statement fell on deaf ears, because when people/parents are desperate, they dont care. At least he says what he means and he means what he says, I find this quality more preferable than Party ID. However, as a refugee myself, I was disheartened to learn that I was being used as a pawn, especially by someone I hold in high regard, and that she couldnt use a better or more tactical approach, with all the experts she has at her disposal, during her photo op/trip that was planned to show that this current administration- or she- is against open border- or something. And I am sorry the damage done by me to the asylum community at large if any. Yes, Kamala found herself in a tough spot, and she has to do everything right, including ostensibly vilifying immigrants/asylum seekers, as she readies herself for the 2024 U.S. Presidential election. Check the status of your asylum application online by typing in your receipt number. Eventually in 2020, filed for FOIA (freedom of information act) and received a copy of my asylum file > to my surprise, my asylum was granted JUST 7 days after my interview BUT the asylum office did not release the decision (This was heartbreaking as I was going through depression; FOIA took 3-4 months to be processed) I have known the concerning trend of FGMhttps://www.cnn.com/2017/05/11/health/female-genital-mutilation-fgm-explainer-trnd/index.htmlAnd I am pretty sure its not native-borne ideaAnother example would be some religions. What we should to do, The article above has some ideas and some links that you can try. Is there anyway to just change the email address for correspondence with the immigration and all other files ? 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. Would that particular adjudicator disinclined to grant asylum compared to a similarly situated case ? What should I do, You can apply to renew the EAD normally. We should not be arguing about that comment, or make it look like some of us support people who are anti-asylum. Good luck!!! Take care, Jason. How does the state determine Thank you for sharing your story of patience and resilience. 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. Some cases from 2014 are still not interviewed, and so if you have a receipt (and a work permit), your case is still pending. Guess I will just wait a bit until more parameters of mine changeand then do a comprehensive update, Hello Jason i applied to renew my EAD on february still i didnt receive my EAD card. what can be done about the RTD (refugee travel document) situation ? 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. I do not think Trump says what he means at all. It is difficult to reach a human, but if you do, you can explain that you will lose your ability to work and drive, and that it is an emergency. However, there are many issues to consider, and I do not know whether he would be eligible or get into trouble. . I have two concerns, really (everything else is irrelevant to me): the violation of asylum seekers right to seek asylum, irrespective of how they arrive, and the (un)intentional desensitization of people, on a global scale, to the plight and persecution of asylum seekers/refugees by conflating the right to seek asylum with illegal migration. Well said, Jason. (202) 328-1353 Or extend validity time of EAD.. You can ask to expedite your EAD processing only if you suffer financial loss. I got frustrated. He got a visa before coming. Congresswoman Intervened, no result. So, e.g. It largely translated into an increase in pending cases at first instance. I have recently received my green card but I m not yet back to usa , technically I m with my wife abroad . Take care, Jason. Do not give up. I honestly wish the US can make a decision on how to resolve the immigration crisis, and not keep changing ,and dismantling policies with every administration. Had Trump been less incompetent, or had he won a second term, asylum may very well have been eliminated. I was interviewed in 2018 till now case is pending final decision. WebAs of April 2021, the number of pending asylum application reached a record high, nearly 400,000, representing a total of more than 600,000 asylum applicants who are awaiting a But is there any law that prohibits USCIS from granting the case without interviewing an asylum seeker based on the documents already submitted? Posted on Feb 21, 2021 1) This question should be answered by your immigration attorney, 2) the change has no particular meaning, but if more than a month passes and you do not receive your asylum decision then ask your attorney to submit a letter to the asylum office. 3 Jason Dzubow, Esq. My journey is a story of patience and resilience. I have quick question, how long usually take uscis to process Asylee Green card application now days? 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. 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. Jason, I agree that background checks are probably layered (for want of a better word) as it concerns the type of immigration benefit sought. Also, if the H1b is denied for any reason, unless he has AP, there is probably no way for him to return to the US. Please can I travel to UK to meet family in a third world country to meet my wife and daughter after 5 years and to visit a late uncles family. Take care, Jason, Hi Jason, i lost my passport, EAD and SS card but my EAD is expiring soon. Also, do you have any tips for me and mistakes to avoid. Table 1. And if not (which I assume would be the case), will I have trouble having no valid ID staying in US? Take care, Jason. I think you should try to call them 800-375-5283. Its just a broken system according to my lawyer. Nor do all of them fit the legal definition of a refugee. I applied for an extension in November 2020, so its been pending for over 6 months now. During FY 2021, for example, denial rates in defensive cases were 66 percent for represented cases and 82 percent for those without representation. In contrast, both represented and unrepresented asylum seekers in affirmative cases had substantial lower denial rates. I have a Similar story its been 6 years of waiting. Take care, Jason. I inquired numerous times, and I also inquire via Obbustman. My guess is that the case was approved in the sense that you qualified for asylum, but the delay was the security check. Only through relentless grilling could any politician get further. Thank you brother. I do not know a lot about the employment stuff, sorry. I second to this. Collected a police report from the Afg embassy in the US showing I have no criminal record and I worked with the US forces in Afg; also collected FBI police records > mailed these documents to the asylum office, but no results I feel exhausted seeing people coming here asking questions and does not contribute a single word in return. For those who have already been interviewed, perhaps some of these ideas can help you push the Asylum Office to issue a decision. This will help with the deliberation process and projection for future like in 2022 an 2024. What should I do. You are right! 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. Could you please suggest something? Hi Jason She is probably more in the camp for economic migrants. Look at the actions of this administration so far, and tell me if it has been anti- asylum. In terms of tips, I did a post on December 2, 2020 that might help. USCIS will have all your applications, so the asylum case and the GC case should be consistent or you should explain any inconsistencies. 2 I do not understand this question. Stay Strong. Is it true? Hi Naya, It is a real disgrace that EADs are processing so slowly, but maybe if you call or contact them, it could help. Has this even happen before for anyone to travel without a visa to the US port of entry like the airport and seek asylum? How long these days to get the interview to be naturalized? But his kids and wife are back home. Moral of the story: 1 Some people here say that does mean an approved. If they do what relief can one apply for are you asked to leave the country? We inquired and send an email for a decision. .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 . My uncle has been in the US for 6yrs now seeking asylum but was given RFE 1yr ago. The idea that an extensive background check is needed a year or two after an asylum case is ridiculous, though, and I am not sure how carefully they check that or what exactly is the reason for the very long delays in getting a GC. Fluent in Spanish, and @Jamie, it broke my heart to read about the extent those mothers had to go to protect their kids. Thanks Jason for weighing in . Closed Format/Skill Level: Meeting. Is there anything I can do to get my interview date. Take care, Jason. Do you think USCIS will check my asylum case when processing my GC application? An interview is required, but there is not a required length of interview. On May 25, 2020 Masha filed for asylum. There are a lot of better, more pro-asylum seeker Democratic politicians. I have received a response pretty same last year. One lady told me that she had to disfigure her daughters face at an early age so the hooligan didnt rape her daughter or sell her off into prostitution. Please enlighten me, I respect everybodys ideology, but I want to get better information regarding what asylum communitys political meaning is so that I can tailor my comment better. Its almost as if they are punishing you for trying to do it the legal way. 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 distribution of first-time asylum applicants by sex shows that more men (69.1%) than women (30.9%) sought asylum in 2021. Wouldnt that be a danger to people already in the US ? But nowdays I see much more rush right outside of USCIS office everyday I pass by and a big Interview sign placard displaced with an arrow pointed directing to designated gate. Like any other government database, applications, or other online platforms, the video interviews can be hacked. Take care, Jason. I take back my support for Donald Trump then. Im waiting for the interview since Feb 2015 expedited 6 times no luck in New York. We know people can get some immigration benefits without an interview as well. The only difference between these asylum seekers and the Central American migrants is HOW they are trying to seek asylum- some manage to find their way to the U.S. and others beg for asylum at the border. I hope you get an interview soon (try to expedite and pushing if you havent) and get a decision right after. I have received my approval letter next week. WebUnder U.S. immigration law, applicants who applied for asylum on or after April 1, 1997, should have their initial interview within 45 days after filing their application, and get a decision regarding their case within 180 days after filing it, unless there are exceptional circumstances. Currently, that is not necessarily the case. I would interpret her statement to mean that economic migrants should not make the dangerous journey, because the US is working to assist the country. WebGet a decision Your application will usually be decided within 6 months. Are we seriously pretending we do not know that Politicians all over the world say anything that would help them politically ? Wait, isnt China the No.2 country in the world ? She is not particularly pro-asylum seeker. Mandamus: If you have been awaiting your decision for a long time, and you have exhausted the other options, you might try filing a mandamus lawsuit against the Asylum Office. If you are planning to embark on the dangerous journey, dont come. BTW I applied @ LA office September , 2016 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. I do have one case where the person paid a ransom (to criminals, not terrorists) and it has been over 5 years with no decision. My GC application based on granted asylum has been with the USCIS for two years. When officers leave without completing a case, this seems to cause additional delay (since another officer has to review the case, get up to speed, and then complete the work). Ive applied for EAD renewal in November and DL expired in April. Do you think they will help me out? There are many reason for potential delay, but the most common is the security background check (I wrote about some others on October 20, 2015; also on October 21, 2014). Thank you. If a person does travel with AP and is re-admitted, they would still be eligible to adjust status, and so in that sense, maybe it would not make much difference. The wait time for a decision from Arlington seems pretty slow. Maybe that will help expedite things. I Dont know how they can do this cruelty with us, We need to be heard Jason. Hopefully you all recovered, may I ask what crime happened ? In your case, you might see how the second interview goes, but if there is no progress, a mandamus might be the best option. If a broader immigration package fails, I hope the Biden Administration will consider such a course they could at least mostly clear out the 386,000+ cases (representing 600,000+ people) in the affirmative asylum system. I think one (of several) fundamental problems is that the definition of who qualifies for asylum has expanded (based on litigation involving PSG). What we really need is legislation from Congress better defining who qualifies for asylum. Thanks for sharing. I am sharing my timeline and details here. One common reasons is the security background check. In the face of such development, should an asylum seeker still do what should be done (bring litigation) ? 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? Do we really want Republicans to quote this administration as advocating for open borders and chaos? However, we received a reply as our application is on the final decision. On a more related note. Take care, Jason. Take care, Jason, I applied for asylum in 2014. Logically, it doesnt make sense. Jeff Sessions acted more than he talked! By the way, heres what I consider illegal and cruel. The upcoming years will be very hard for asylum seekersI just hope that all of us can stick together to get through this difficult time. Does anyone have such experience with the Chicago office? Hello Jason, Good luck, Jason. Illegal is a derogatory term to asylum seekers, containing criminal implications. Many asylum cases are fraudulent, and we need to try to weed those out in order to protect the integrity of the system. moderate ? The conflation of the RIGHT to seek asylum with illegal migration is a threat to asylum and refugee systems across the world. Democrats control all branches of government and they still struggle to make significant move on immigration and immigration agencies? 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. 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