Thank you Jason. We have done some lobbying on this point, and that will continue, but things are very slow and it is difficult to get them to make changes. The delayed decisions are particularly frustrating these days, since the Asylum Offices are interviewing so few new cases. I have urged the person to file a mandamus, but that is not something he wants to do. Why do they take so long to approve the GC provided that they have already done the background check before. That really helps in the decision process , Will apply for Green card based on my asylum in two months- i have a question-, I have waited a year from interview date until I received my asylum approval usually during that one year wait- everyone was saying its all because of background checks-. 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 think her statement was politically calculated. He may want to contact some non-profits near the border to see if they have a better idea about the situation there. Some questions: Thanks for all your efforts in this blog, Its very helpful resource for all asylum seeker here in the US Jun 11, 2022 #1 I saw some webpages saying that the applicant can write a letter to USCIS office to withdraw asylum application. Jason I applied for my EAD renewal on April 1st 2021. Could the U.S. limit the intake for only people who support, say marriage equality or sayoppose FGM ? You should be prepared to answer such questions if asked. From increased processing times to extensive so called background checks (that really doesnt make sense when you examine the process), and even hostile methods such as not being able to communicate to an agent. 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. You can find their email if you follow the link under Resources called Asylum Office Locator. But other opinions still standI am a little concerned that political discussion tends to tear the asylum community apart when we should stick together. @ Asylee .I-130 Applied in March 2019. CORDY, thats right! What happens if you marry a U.S. citizen while your asylum application is pending? 1 Some people here say that does mean an approved. I wish there could be a President who could take bold actions, regardless of what other people think and regardless of political expediency. Good luck, Jason. Is there anything I can do to get my interview date. Or extend validity time of EAD.. You can ask to expedite your EAD processing only if you suffer financial loss. AK, I feel your pain. I dont think the care for Republicans will be reciprocated frankly. Four similar cases had occurred in the preceding month. I did a blog post on September 22, 2016 with links to non-profits in different states. @Jamie, it broke my heart to read about the extent those mothers had to go to protect their kids. I think to get back at me, that defendant could conceivably do a lot of things to retaliate. The Biden Administration has a tough task to satisfy the base and make some progress helping noncitizens, and at the same time, not angering and energizing so many Americans that they create a backlash with severe political consequences. 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. 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 think that message is standard. Take care, Jason. 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. Anyway, thank you for sharing this and congratulations again. New York City Mayor Eric Adams (D) blasted Texas Gov. 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 For this reason, I have never applied for AP for a person with asylum. Dont think about DV lottery.I applied for asylum 2015 and won DV lottery 2017.When you are in the U.S. and win DV lottery, you have to leave here to adjust your status but you cant because of your asylum case. 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? Hopefully you all recovered, may I ask what crime happened ? 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. For example, I support marriage equality, the adjudicator believes marriage should be between a man and a womanCould this affect that particular queer asylum seekers case ? Take care, Jason. Well said, Jason. Based on the latest data (from July 2020), there are more than 22,000 asylum cases that have been interviewed, but where the Asylum Office has not yet issued a decision. My GC application based on granted asylum has been with the USCIS for two years. When I applied to DL last time (2 years ago) they didnt accept the notice of receipt and said that for Real ID, I need to have approved EAD on my hands. I have a dilemma regarding my situation. This is ridiculous ..They are deliberately causing so much delays.. BTW if you keep pressing pound sign multiple times, the automated system will redirect you to speak with an agent.The wait time was still close to 35 minutes to speak with a live agent, That is worse than I thought. Is there anyway to just change the email address for correspondence with the immigration and all other files ? I will also try to apply for an AB60 ID since its validity is much longer. Take care, Jason. Sitting on my chair and is midnight, no sleep, worried about my children in a war zone with no father or mother. Thats pretty long, I was hoping to get interviewed in 10 months but my lawyer told me it can take 2 years. In your case, you might see how the second interview goes, but if there is no progress, a mandamus might be the best option. 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. As long as you applied for EAD renewal before expiration DMV has no problem renewing DL. 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. Also, Gavin Newsom appointed a latino to fill her seat. 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. Sometimes while people are here in the United States with a pending asylum case, they fall in love and get married. My case is in the Chicago office pending since 2013. Paper credential could be faked or polished For example, the 2 most populous countries in the world filed a lot of fraudulent asylum claims. Do you know how long is it usually valid for, would it be a year form issue date? I have received my approval letter next week. I dont believe it will happen soon either. I do not think a Congressperson will help in this situation. I also did a blog post with ideas for expediting on January 29, 2020 maybe that would help. We typically include a photo copy of the expiring EAD, but I am not sure whether that is required (check the I-765 instructions at http://www.uscis.gov). But it seems to me that if HR knows what to do, you should be fine. I personally disagree with asylum without interview or court process. 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. Did you win the case ? At least he says what he means and he means what he says, I find this quality more preferable than Party ID. Democrats were outsmarted during the Obama administration on issues such as The Supreme Court (remember when Republicans blocked his S.C. Take care, Jason, https://www.latimes.com/politics/story/2021-06-07/vice-president-harris-meets-with-guatemalan-leader-on-migration-issues. The government has to move with the changes or continue to get left behind. I believe we should look beyond that speech, plus she never said asylum seekers are illegals. Its almost as if they are punishing you for trying to do it the legal way. Think of it as a job interview. 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. Congratulations! 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. Take care, Jason. Eventually, finished Ph.D. and my expertise was proven to be vital for the US per experts in the field > shared the info with the asylum office BUT no news again I wrote about expediting on March 30, 2017. I inquired numerous times, and I also inquire via Obbustman. I think you should try to call them 800-375-5283. And where in her statement did she say people should not seek asylum? And if not (which I assume would be the case), will I have trouble having no valid ID staying in US? Can they come without a visa? It takes a long time to get your interview. 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. @Asylum seeker I understand your concern. Thanks, I applied in November and still have not received the EAD, I applied in November and still not received the EAD, I also applied in October. Your post made me think a lot that I even went back to reading some of your old POST. Send me a privat message, give me your email address. Sorry for my rambling. www.DzubowLaw.com I say again, I care about what politicians do than what they say. Good luck!!! I suppose it is possible to do that in conjunction with an I-485, but I do not see why you would want to. Picks?) Especially since they are not interviewing all that many people, you would think that they could issue decisions more quickly. Thanks for your help. Unfortunately, it has angered asylum seekers, but if someone like President Trump went and said to them in Guatemala you are welcome to our country . 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? And the application is asking for documentation of past arrest. Just send a letter asking to withdraw the application to the asylum office with a copy of his green card. If the background check is required tp take longer and be more thorough because of legal requirements, then it still doesnt make sense. But some of those bills have stalled. 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 think it is a personal decision whether to try to sue or not. If she is being a politician, I dont think she did a good job frankly. I had to flee because she was nearly abducted. I think winning DV lottery for asylum seekers in the U.S. is really useless .I was happy one week until I consulted with two immigration attorneys and learned that the only way for adjusting the status for asylum seekers without leaving this country is getting GC from the family members. Plus, theyve been playing so many shinanigans. 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. Thank you for posting these articles and answering questions in the comments. Take care, Jason. Thanks so much in advance. She knows it, we know it, but she is not letting Republicans blame the administration for any immigration crisis. Take care, Jason. 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. Its so disappointing to see that theyre still not willing to put much political efforts into such issues. Dzubow & Pilcher, PLLC
Take care, Jason. Stay Strong. I agree that the system is broken. It is unfair that the Asylum Office simply does not do its job and make timely decisions, but that is where things stand. It took about 2 weeks to get it. Thank you so much! A uncle of mine wanting his wife and kids to travel by plane without a visa. 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. If you are eligible for asylum you may be permitted to remain in the United States. Why all the unnecessary interviews (For Adjustment of status for Asylees)? Send a copy of your I-485 approval notice and GC. My uncle has been in the US for 6yrs now seeking asylum but was given RFE 1yr ago. Hello Naya, However, there are many issues to consider, and I do not know whether he would be eligible or get into trouble. I would have written a post if Jason allowed sharing this story but for now, I hope this helps some of you. Once you come to the interview, I assume they have a completed picture of your case on who you were in your COP and who you are here. Hopefully youll get your decision soon! You'll be given the form to ask permission from the First-tier Tribunal (Immigration and Asylum Chamber) when you get your decision. Allow me to ask; https://www.usnews.com/news/best-countries/power-rankings, Source attached. How long does it take to withdraw asylum? Can I do anything to get the interview before my court date? 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. An example might be someone who paid money as ransom or who was forced on pain of death to provide services to terrorists. It is a real disgrace that EADs are processing so slowly, but maybe if you call or contact them, it could help. After 311 days the long wait is over. 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). Greg Abbott (R) for his move on Monday to resume bussing migrants to cities led by Black mayors, including New York City, across the United States. Currently, I have legal Status and am waiting for the result of my EB1-A application. Even at your I-130 interview, you should stick to your story about your asylum and your persecution. I think people are also missing the point that the vice president is a very intelligent legal mind. 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. Throwing toddlers over the border wall. Why this should be, I do not know. 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. Many of us were extremely concerned then; we wanted more allies in our corners, regardless of any political consequence. And they have the audacity to try to insult our intelligence. You might also contact your Congress person, as they can sometimes help move along a slow case. I have been waiting for mine since December 2015. The situation in my country is getting better and I want to withdraw my asylum case and go back to my country. Take care, Jason. Once we have scheduled your interview, you will receive an interview notice. I wrote about AP on September 11, 2017. Take care, Jason. The regulations generally require asylum cases to be processed in less than six months, but there are broad exceptions to this time frame, and the Asylum Office can rely on those exceptions to process cases more slowly. I have a pending asylum case waiting for a decision 1.5 years after my interview. Jeff Sessions acted more than he talked! Wow thanks GOD you got approved Im still waiting for my decision but feeling depressed and worry its not easy waiting for so long and now the inmigration crisis that we have in the border makes more longer for uscis to process all the cases, Im not loosing my faith one day I will get the approval letter. Please help, How did it go? You just made my evening. I think I had about 8 or 10 interview there this year, and only one or two decisions. I requested for expedited decision as my mom was going through grave health conditions. While background check delays are common for Asylum Office cases, they are almost non-existent for Immigration Court cases. I do not remember, but I think it does not have your passport number on it. Take care, Jason. Instead, you can file a motion to get an earlier court date. Take care, Jason. Can you say something about delayed GC decisions as well. Hi Jason, Congrats ! My lawyer suggested doing a draft mandamus to DOJ attorneys instead of court. Take care, Jason. Congratulations . Thank you so much again for starting this amazing forum where people can share their experience and ask question! Such a move might be challenged in court, but given the easy legal standard for asylum, it does seem to me an option. I just recently contacted Ombudsman. Maybe you can find some non-profits near where he is located and contact them. Some of these cases have been pending decisions for months or even years. As a matter of fact, someone wrote somewhere that, that she said it, does not mean she will actually turn people back. J Justin Samuels Apr 13, 2023 @Ben kts attorney A Alex B Apr 14, 2023 "Not only is this behavior morally bankrupt and devoid of any concern for the well-being of asylum seekers, but it is also . 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. 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. I totally agree that this is too ridiculous. There is a link under Resources called FOIA USCIS you can use that. 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. Look at the actions of this administration so far, and tell me if it has been anti- asylum. Recently theyve put so many ressources into trying to deter fraudulent claims. They could have died. When Can I Withdraw My Asylum Application? The most effective way to do this is by email. I am glad it did; thats why I shared, knowing there are many people who are still in the same situation. Hi Jason, for Asylum based I-485 for principal applicant, is having an interview is the norm or the exception? I Dont know how they can do this cruelty with us, We need to be heard Jason. JDzubow(at)DzubowLaw.com. 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 . This will help with the deliberation process and projection for future like in 2022 an 2024. This office exists to assist people who have delayed or problematic cases. The issue is that we subconsciously dont regard asylum seekers at the border- in fact we dismiss them quickly as illegals as genuine asylum seekers, and so its easy for us to trample on their rights as asylum seekers. If the Biden Administration wanted to clear the backlog, it could give very quick interviews to lots of people and just grant the cases (assuming a security background check is clean). they should not withdraw their asylum application and lose the possibility of appealing a denial. Take care, Jason. If you do not have copies of your documents, you should be able to get them by filing a Freedom of Information Act request with the government follow the link under Resources called FOIA USCIS. Some of us were privileged to fly in here, and seek asylum, I agree, but I would still pretty much she asked people not to come, than expand and energize the anti-immigration base, paving the way for more cruelty on current and future asylum seekers, should we face another anti-immigration administration. Did I say that she did or did not say people should not seek asylum ? Good luck! Other casesa minorityare delayed when they are referred to the Asylum Division headquarters for review. Hope all is well! I am a victim of Crime that the individuals were converted and sentenced. Hi Jason, 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. In short, all this should be streamlined and made consistent. Cuzwhy bring in people who would vote for my opposing political party. We really need a complete systematic over hall, but whether that will ever happen, I have real doubts. He doesnt have US visa and hopes to walks to the border, turn himself in to CBP, and seek asylum would it be feasible under the current situation? Once you receive confirmation that your asylum application has been in fact withdrawn, then you can travel to the country from which you claimed "fear" of persecution. I do not know a lot about the employment stuff, sorry. 2 I do not understand this question. I would be blowing gum while having eye rolls, because his action would never have matched that Comment. Congresswoman Intervened, no result. Do your damn job, or dont do it all and let people know that you dont like immigrants, legal or illegal. If any of the readers have any question for my trip of granted asylum to greencard, you can ask. Seeking asylum is one of them, and I believe she knows that. I did a blog post about the GC lottery on October 5, 2015 where I discuss eligibility to adjust status you need to be sure about that, as many people need to leave the US to get the GC (talk to a lawyer if you are not sure). Take care, Jason, Hi Jason This is not always the best path, as it depends on the case (I wrote more about this on August 6, 2018). In the first 6 months of the current administration, do we feel more at peace and hopeful or not as immigrants and asylum seekers? Answer Both U.S. 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. so if you think you will get aproved your asylum soon, then it's worth waiting for your asylum get approved first and then apply through your wife. for example, I come here to seek asylum because this country is a sanctuary for me. It just might work. I recommend to do it 2 months before your receipt expiration date, if you dont receive your EAD yet. Thanks Jason for weighing in . 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. Thank you brother. 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! 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). Asylum seekers should be protected. filed within one year of the final order of removal, as long as the applicant is physically present in the U.S.22 The one-year time limit may be waived in cases of extraordinary circumstances or extreme hardship to the non-citizen's child. Would you, an asylee, concur with Kamala in this regard? How do I write a withdrawal email? I can begin to list them here one by one.. Plus I am genuinely curious. However, if you fear your home government and use the passport, it could raise questions about the validity of your asylum claim (why would your home government give you a passport? On the other hand, it is an outrage and a tragedy that the system took so long. Does anyone have such experience with the Chicago office? I think she was tactful. 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. 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. 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?