Take care, Jason, Hi Jason, first of all, I want to say a huge thank you for caring about asylees and sharing with us your knowledge and updates. If you have successfully filed your asylum application with the United States Citizenship and Immigration Services (USCIS) or have your asylum application pending in immigration court, your case may be pending for several years. You should be prepared to answer such questions if asked. Take care, Jason, Hello Jason, We know that USCIS has the practice of referring some asylum seekers to the court without interviewing them. It is all about politics, and she cannot afford to hand anti-immigration advocates another open border talking point. What happens then? My understanding is that it will allow certain people to close their court cases. Maybe someone else here knows for sure. You see that? Take care, Jason. Youd be surprised to learn that there are some asylum seekers- the ones who file affirmatively- who have had to make extremely difficulty decisions (I know this because I work with organizations that provide support to asylum seekers and refugees in New York). 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. That may help you. Its not only unfair; it flies in the face of logic and common sense. My Driver Licence and ID expire on July 4th, and my passport from my home country expired in 2016. Other times, it can take less than one year. I am asking this because I have a very genuine case and I have been on the news lots of time but I dont understand why USCIS has been holding my decision for 5 years now. I dont believe it will happen soon either. Did you win the case ? And where in her statement did she say people should not seek asylum? According to the annual report of the Department of Homeland Security ( DHS ), in 2020 asylum was granted to 31,429 individuals. Im currently in removal proceedings and filed marriage based I-130 around 6 months ago (no interview so far) My lawyer told me that the priority date does not count for me to get an interview because Im in removal proceedings. Take care, Jason. Nor do all of them fit the legal definition of a refugee. However, do we actually believe that all asylum seekers who manage to get into the U.S., and are able to apply for asylum affirmatively and defensively, are genuine asylum seekers or meet the definition of a refugee? Remember you are in removing proceeding, so you can't file I-130 and I-485 simultaneously. So if Im lucky it should be processed around mid-end August. Obviously not Donald Trump, but if a Democratic politician is too lenient on asylum seekers, could s/he/it/the accidentally let in many people who pose as asylum seekers but in fact they themselves persecutors ? 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. I cannot find any guidance online but the USCIS would issue advance paroles for Asylees if requested. New data released by Ipsos this morning has shown that around 55% of Britons expect the Tories to lose seats on Thursday, with 45% expecting Labour to pick up support. 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. Dzubow & Pilcher, PLLC (202) 328-1353 So maybe that will be part of it. I have applied Asylum in May 2016 and my asylum case is still pending. I believe we should look beyond that speech, plus she never said asylum seekers are illegals. Even at your I-130 interview, you should stick to your story about your asylum and your persecution. That is correct in most cases, but there are some rare people who are able to adjust status if they win the DV lottery (I wrote about that on October 5, 2015). My group has fought with religious group multiple times over the years in the U.S. courtsIf we continue to bring these backwards ideology to Americawouldnt this erase so many progressive gains we fought so hard over the years ? By the way, heres what I consider illegal and cruel. They are an immoral, unscrupulous bunch, I tell you. A background check for a RTD is much faster than the kind of background check that comes after an asylum interview. If you are planning to embark on the dangerous journey, dont come. You'll be given the form to ask permission from the First-tier Tribunal (Immigration and Asylum Chamber) when you get your decision. My Asylum Case Is Delayed; What Can I Do? Generally, the Asylum Office will not want to waste resources litigating mandamus suits, so they might agree to process the case rather than fight the lawsuit. While background check delays are common for Asylum Office cases, they are almost non-existent for Immigration Court cases. However, it really does boggle the mind that the DHS/FBI would do a cursory, or incomplete, background check on applicant whose asylum application was approved. The Trump administration unleashed cruelty on a monthly basis, quietly, most times. But his kids and wife are back home. Can they come without a visa? Nov. 29, 2022. Could an asylum seekers political leaning hurt that particular asylum seekers chance ? Do I need to resubmit the form? Still they do not make significant changes to streamline processing times? 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. Her statement is open to many political interpretations and otherwise, but smartly not a talking point for Republicans. I would have written a post if Jason allowed sharing this story but for now, I hope this helps some of you. I find such people unreliable and you shouldnt trust him/her. How I got the decision? 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. The situation in my country is getting better and I want to withdraw my asylum case and go back to my country. And if you do concur, would you also agree that the U.S. should change its asylum laws, and perhaps scrap the defensive asylum system and only consider asylum seekers who come by way of air or airplanes? Take care, Jason. I also did a blog post with ideas for expediting on January 29, 2020 maybe that would help. ADVERTISEMENT B Ben kts Apr 12, 2023 did you apply w your attorney or by yourself? In the first 6 months of the current administration, do we feel more at peace and hopeful or not as immigrants and asylum seekers? 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. got GC though marraige. Have you used Senator/Congressman in any of your expedite requests with supporting documents? There is a link under Resources called FOIA USCIS you can use that. 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. Thank you so much! Almost all decisions are delayed, but eventually, most people get a decision. Citizenship and Immigration Services (USCIS) or in Immigration Court and are awaiting a hearing, an interview, or a decision on your case. Thank you for posting these articles and answering questions in the comments. I do not know what you mean by an RFE is that for the U Visa? If you have a pending asylum case, you probably need Advance Parole to travel and return to the US. 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. 07 April 2014 A Brooklyn Lawyer Serving New York Community You see right through their BS! How can I apply.for FOIA? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Jason Dzubow, Esq. Maybe you can find some non-profits near where he is located and contact them. Keep in mind too that many Americans do not like the crisis at the border. Once a petitioner sends their written statement to the USCIS about withdrawing the application on behalf of their . I inquired numerous times, and I also inquire via Obbustman. Take care, Jason. If an asylum spouse has approved H1B notice, can the spouse travel abroad without advanced parol? My case status shows fees were waived for EAD since Thursday, May 27th. My grandmother is sick in a third country and I am hoping to meet her as soon as possible but dont think Ill make it. JDzubow(at)DzubowLaw.com. J Justin Samuels Apr 13, 2023 @Ben kts attorney A Alex B Apr 14, 2023 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 want to apply for the AP as my passport is expired and it may take time to be out in my countrys embassy. But other opinions still standI am a little concerned that political discussion tends to tear the asylum community apart when we should stick together. If you apply for asylum, your case can sometimes take several years to be completed. At this frustrated moment, your words relieve me a lot. The Substance Use Disorder Prevention, Treatment, and Recovery Act will be proposed . In your case, you might see how the second interview goes, but if there is no progress, a mandamus might be the best option. 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. Send me a privat message, give me your email address. TRIG is particularly tricky because some cases (recent numbers are not available, but last years numbers are here) are placed on indefinite hold, meaning the applicant will never receive a decision, at least not until the government gets around to enacting new regulations on the subject Though USCIS stated that it would like to interview me for the second time, do you think they may still not issue a decision because I paid a ransom in the past? 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). I have received a response pretty same last year. I do not remember, but I think it does not have your passport number on it. I mean its not No.1 but isnt No.2 good enough ? 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. You could wait years for a hearing due to long backlogs, in July 2018 the average wait time was 721 days, and it is likely to have increased since then. That may get a decision (not necessarily a good decision). Stay Strong. Why this should be, I do not know. 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. Republicans and some moderate Democrats favor public safety measures that would increase prison sentences for dealers. Because, if a person is too shrewd, you dont know if one day that person will turn his/her back on you. Have you tried to submit the request from DHS Obbustman? I have urged the person to file a mandamus, but that is not something he wants to do. Below are a few options that might be worth a try: Inquire Yourself: Contact the Asylum Office directly to ask about your case. @Jamie, it broke my heart to read about the extent those mothers had to go to protect their kids. Unfortunately, that method of crossing the border is called illegal border crossing(fact), but crossing the border illegally does not mean they are barred from seeking asylum, or that they are doing something wrong. Plus, theyve been playing so many shinanigans. I have my mch in November? AOS was approved after very challenging RFE but God is always good . Especially since they are not interviewing all that many people, you would think that they could issue decisions more quickly. 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? I wrote about that on April 20, 2017. It seems like a decision is made now as the online updates show. Do you think they will help me out? But it seems to me that if HR knows what to do, you should be fine. We should not be arguing about that comment, or make it look like some of us support people who are anti-asylum. I have been arrested once before for exercising my religion in my home country and my asylum based on religious persecution. Congress: You can contact your Congressional Representative or Senator to ask for help with the decision. 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 . One common reasons is the security background check. For travel to see sick relatives, the better bet is to get Advance Parole and use that to travel and return. Interviewed April 2017 (several requests for an interview got rejected; eventually got an interview) The Right To Asylum In The USA In 2023. I will appreciate anyones experience on these. Some of these cases have been pending decisions for months or even years. I did a blog post on September 22, 2016 with links to non-profits in different states. Hi Jason, for Asylum based I-485 for principal applicant, is having an interview is the norm or the exception? I was interviewed in 2018 till now case is pending final decision. I suspect that most government work is still being done on a VIC-20, There is the law requires an in-person interview for all asylum seekers. Take care, Jason. Such a move might be challenged in court, but given the easy legal standard for asylum, it does seem to me an option. I totally agree that this is too ridiculous. Jeff Sessions acted more than he talked! I had to flee because she was nearly abducted. I feel exhausted seeing people coming here asking questions and does not contribute a single word in return. 1 Some people here say that does mean an approved. I think to get back at me, that defendant could conceivably do a lot of things to retaliate. You may file for asylum if you are physically present in the United States and you are not a U.S. citizen. Please help, How did it go? Is that useful? 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. The vice president is not, and we know her statement fell on deaf ears, because when people/parents are desperate, they dont care. 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. Do you know how long is it usually valid for, would it be a year form issue date? The journey is hard and you will be broken many times. To withdraw a pending I-130 application for a family green card, you can write I-130 Petition for Alien Relative. 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. My GC application based on granted asylum has been with the USCIS for two years. We must fight back; before we know it, words like asylum and refugee will become synonymous with illegal. Good luck!!! Take care, Jason. Is it possible to have a perfect President for asylum seekers ? 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. Another reason for delay is that each case needs to be reviewed by a supervisor, and the Asylum Offices are apparently short of supervisors. i dont get why the government not extend the validity to 2,3, 5 years !! Show some spine instead of trying to compromise. I am a pending asylum applicant since 2014 , in Texas .registered nurse had 2 master hearing & scheduled for an individual hearing for Sep 2nd week 2022 after long wait .Unfortunately , automated case system showed as of yesterday , no future hearing was scheduled . She should not be afraid of Republican blames. In addition, a VAWA self-petitioner can get around a spouse who is trying to withdraw an I-130. In the face of such development, should an asylum seeker still do what should be done (bring litigation) ? I have the same problem for the last 3 years and I have never gotten any decision. 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. I got the same updates and it was approved later. How Long Does It Take to Withdraw From My Asylum Case? Your question about the length of time they take to approve asylum-based GCs, especially since they perform background checks for every step of the process and already did a rigorous interview(s), is the million dollar question. But for many people, not making the journey is also very dangerous. You are right! On a more related note. Still waiting, These cards are very delayed lately. Although the suits may not be very strong legally, they can still succeed where the Asylum Office would rather make a decision in the case than fight the lawsuit; and (2) It can be expensive to hire an attorney to process a mandamus lawsuit. Thus it can years for them to process or issue decisions in both affirmative asylum applications (the kind you file on your own) and defensive asylum cases (the kind you raise during removal proceedings in immigration court). Hello Jason, 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 since I have not had an interview. I just dont want it to be pushed again for another 2 years. Good luck! I know it might sound outrageous, but I want to ask. Take care, Jason, I know that even if you are GC asylum based holder, you will always need to use RTD. If I respond to the AOC comments, this will not end, so I will reserve my comments on that. 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. For people with real asylum cases, this is not a good option, but some people file asylum basically to get into court to apply for other relief (usually Cancellation of Removal) and for such people, maybe this is an ok option (though I have my doubts that it is a good idea in most cases). Asylum seekers (and immigrants in general) are more vulnerable to bad actors, and that makes such people less likely to report crimes or assert their legal rights. It varies a lot by case, and so it could be longer or shorter. Nevertheless, the RTD is problematic, and it is a very easy fix, so it would be nice if they would just make the validity period longer. She knows it, we know it, but she is not letting Republicans blame the administration for any immigration crisis. They told me to call back 1 month after my EAD expires and talk to the USCIS agent once again to submit an inquiry or expedite request. Democrats were outsmarted during the Obama administration on issues such as The Supreme Court (remember when Republicans blocked his S.C. Thanks for your help. Pls advice. 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. Democrats control all branches of government and they still struggle to make significant move on immigration and immigration agencies? Hi Tina- thank you for your response. Anyone here that has a similar story? How do I write a withdrawal email? Maybe, but I am not at the border and I do not know much about specifics there. 2 I do not understand this question. You can try to expedite I wrote about that on March 30, 2017. Why would you use the passport?). Lauren Sforza. This is not always the best path, as it depends on the case (I wrote more about this on August 6, 2018). I have a Similar story its been 6 years of waiting. Anyway, thank you for sharing this and congratulations again. If the marriage is lawful, you should be able to sponsor your wife. In asylum cases, the attorney should state that the respondent does not wish to do so, since the idea behind an asylum/withholding/CAT application is that under no circumstances does the respondent ever wish to return to their country. BTW I applied @ LA office September , 2016 All you have to do is send a letter with your case numbers on there and reference the fact that you want to withdraw the case. I look out for their actions, and what they say without a script. I dont want to say yes to the question because I dont have documents to back that up. I expect that to come from Donald Trump, not from Democratic politicians. I requested for expedited decision as my mom was going through grave health conditions. Note that the primary (or principal) applicant must enter before, or at the same time as, derivative family members with visas. I was reading this your post: The TRIG bar is quite broad and many people are potentially affected. Jason, I agree that background checks are probably layered (for want of a better word) as it concerns the type of immigration benefit sought. I Dont know how they can do this cruelty with us, We need to be heard Jason. Take care, Jason. In part, it is because there are different requirements for the two types of relief. The interview could literally be 20-30 minutes so the officer has more time to do other cases. Why fingerprint refugees and Asylees for each and every immigration benefits? Unfortunately, not everyone is privileged to secure a U.S. visa that would allow them to file an I-589 application once admitted into the U.S. That doesnt mean that their claim, or right to seek asylum, should be treated less seriously or violated. Receipt should be enough to extend your DL. Thanks, We have been seeing cases take maybe 1 or 1.5 years for the interview. Some cases from 2014 are still not interviewed, and so if you have a receipt (and a work permit), your case is still pending. You can file online. Take care, Jason. Take care, Jason, The journey is dangerous that is just a statement of fact. You can also email them to ask. Can I do anything to get the interview before my court date? First, lets talk about some reasons for delayed decisions. 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. Plus, after you read my answer and other responses, some time will pass and you will get a result whether approval or something. I do not think Republicans will reciprocate, but I think there is real danger including in bringing back Trump if Biden takes action that causes a strong political backlash. But Trump could be my last choice. Had Trump been less incompetent, or had he won a second term, asylum may very well have been eliminated. @ Asylee .I-130 Applied in March 2019. I dont want homophobes and cruel cutters ruining our countryThoughts ? Tina, we can, in the comfort of our protection, say what we want. Their actions hardly match their words. Tried going to the asylum office, lawyer emailed multiple times, and also congressmen contacted for my case > no result and eventually a reply came pending for background/security checks I think before he travels, he should talk over the specifics with a lawyer to understand whether this will work, and to know the risks. I have quick question, how long usually take uscis to process Asylee Green card application now days? The anti-immigration base was starved of another political weapon as well. 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. I do not think a Congressperson will help in this situation. Good luck, Jason. The judge will put your asylum case on hold and wait for the I-130 to be approved. What is your opinion of an Asylee pending adjustment under 209 who travels with Advance Parole (without RTD)? The wait time for a decision from Arlington seems pretty slow. Your post made me think a lot that I even went back to reading some of your old POST. Does anyone have such experience with the Chicago office? Hi Naya, You can also make an inquiry online if you follow the link under Resources called USCIS help. And the application is asking for documentation of past arrest. Thank you. For instance, when she said that There are legal methods by which migration can and should occur, what exactly did she mean? my I-485 case through family took 2 years, there were a lot of background checks, extended reviews etc. For the FOIA, did you also receive information about your original visa application(s), or just information from when you reached the USA? I always read that Green cards for asylees are usually without interviews but my lawyer says almost all have interviews!! I believe most (maybe all) dependents will have interviews). I think you should try to call them 800-375-5283. For those who have already been interviewed, perhaps some of these ideas can help you push the Asylum Office to issue a decision. What's your timeline? Four similar cases had occurred in the preceding month. 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! So dont worry. So she cares more about Republican talking points than asylum seekers safety ? Unfortunately, most asylum seekers face delay at every step of the process. 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. The EAD is being processed at Potomac Service center. Will i go again for background check for green card? . AK, I feel your pain. Did you receive your AOs interview notes as well? You can try to expedite the interview. Hopefully youll get your decision soon! Personal details: Afghan; single; entered on F1 in 2012 and filed for asylum within a year; earned PhD. Thank you for sharing this useful information. There are 2 reasons why this process takes time: There are not enough immigration judges to hear the case . 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. If you recall, it was literally months ago that asylum seekers- and I am talking about the ones who made their way into the U.S. and filed their asylum applications affirmatively and defensively- were being vilified and demonized by the Republicans (remember when Jeff Sessions, for example, started dismantling the asylum system?) If I brought litigation against somebody, who knew about my asylum application. 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. This includes people who worked for or supported terrorist organizations (or more accurately, organizations that the U.S. government views as terrorists), and even includes people who supported terrorists under duress. I imagine and feel what you have gone through. 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. The Ombudsmans office is not terribly helpful, but again, there is no harm in trying.
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