Also, Gavin Newsom appointed a latino to fill her seat. Could the U.S. limit the intake for only people who support, say marriage equality or sayoppose FGM ? However, we received a reply as our application is on the final decision. Ombudsman takes about a month to let you know that they contacted USCIS on your behalf. 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. Had Trump been less incompetent, or had he won a second term, asylum may very well have been eliminated. 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! 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 think one (of several) fundamental problems is that the definition of who qualifies for asylum has expanded (based on litigation involving PSG). I was interviewed in 2018 till now case is pending final decision. Finger crossed. 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 they do what relief can one apply for are you asked to leave the country? I cannot find any guidance online but the USCIS would issue advance paroles for Asylees if requested. This is the best way to keep asylum around for future people fleeing harm in their countries. We were terrified and we wanted it to stop. Why fingerprint refugees and Asylees for each and every immigration benefits? I am sorry this happened to you. If you are planning to embark on the dangerous journey, dont come. If you are one of these unlucky souls whose decision is delayed, what can you do? Does this mean hopefully approved asylum? Do you think that if someone got arrested illegally and paid money for his release could be on a TRIG? Thanks for all your efforts in this blog, Its very helpful resource for all asylum seeker here in the US And my office was Chicago as well. As with any law, there are exceptions that you should be aware of. He is not suggesting to sue the USCIS. DHS Ombudsman: You can inquire with the DHS Ombudsmans office about your case. Hi Tina- thank you for your response. Maybe if the online status recently changed, you want to wait a bit longer and see whether that has any meaning, but I think usually these changes are not meaningful. Some cases from 2014 are still not interviewed, and so if you have a receipt (and a work permit), your case is still pending. Take care, Jason, Hi Jason, i lost my passport, EAD and SS card but my EAD is expiring soon. The Federal Judge can not tell the USCIS whether they should approve or deny your case but the Judge can order the USCIS to make a decision on your pending application and to do it quickly. USCIS will have all your applications, so the asylum case and the GC case should be consistent or you should explain any inconsistencies. The conflation of the RIGHT to seek asylum with illegal migration is a threat to asylum and refugee systems across the world. Do you think they will help me out? My journey is a story of patience and resilience. At least then, we will hopefully have some broader agreement about who qualifies, which will (hopefully) lead to us protecting people and avoiding a political backlash. The journey is hard and you will be broken many times. which filed office are you from? Keep in mind too that many Americans do not like the crisis at the border. That is so bad, It is bad, and it is a potential problem. So maybe that will be part of it. You can file online. Below are a few options that might be worth a try: Inquire Yourself: Contact the Asylum Office directly to ask about your case. 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. It is unfair that the Asylum Office simply does not do its job and make timely decisions, but that is where things stand. 2 months later, I got approval! I feel exhausted seeing people coming here asking questions and does not contribute a single word in return. Paper credential could be faked or polished For example, the 2 most populous countries in the world filed a lot of fraudulent asylum claims. Interviewed April 2017 (several requests for an interview got rejected; eventually got an interview) 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. 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. Im really desperate as my brother has recently passed away. Anyway, thank you for sharing this and congratulations again. Thanks for sharing, and motivating some of us. At least he says what he means and he means what he says, I find this quality more preferable than Party ID. 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. I wrote about AP on September 11, 2017. 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. Section 245 (i) Adjustment ADMINISTRATIVE CLOSURE OF CASES ADMISSION/ENTRY Adjustment of Status Arriving Alien Asylees Cancellation of Removal (Non-LPR) Claimed Status Review Conditional Permanent Residents False Claim of U.S. Asylum seekers should be protected. I wrote about that on January 29, 2020. In part, it is because there are different requirements for the two types of relief. oh my goodness! I wish there could be a President who could take bold actions, regardless of what other people think and regardless of political expediency. I know how frustrating it is to wait for an interview. while the caseload of applications pending decision hit its highest level since 2017. As a matter of fact, someone wrote somewhere that, that she said it, does not mean she will actually turn people back. Thank you so much again for starting this amazing forum where people can share their experience and ask question! They could obviously do a MUCH better job. I try to answer questions as I can. I dont see it happening anytime soon, but one never knows. WebThe New York Official Reports Service provides free access to the text of all decisions published or abstracted in the Official Reports from January 1, 1956 through the latest That means progress has been made and hopefully an interview call would be right at the Corner. I hope you get an interview soon (try to expedite and pushing if you havent) and get a decision right after. Political backlash, racism, xenophobia and political strategy aside (which, at this point and before, is inevitable and are here to stay), how do we, as pro asylum and refugee, ensure that asylum seekers continue to, pursuant to the law, have the right to seek asylum in the U.S., despite how they get to the U.S. or their immigration status? May I know what could happened? Look at the actions of this administration so far, and tell me if it has been anti- asylum. 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 ? 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. Anyone in the same boat? can asylee sue the government over this? Do your damn job, or dont do it all and let people know that you dont like immigrants, legal or illegal. She should not be afraid of Republican blames. Why do they take so long to approve the GC provided that they have already done the background check before. Generally, in my experience, this option is not very effective, but there is no harm in trying. My understanding is that it will allow certain people to close their court cases. : I am wondering about this for a long time, given some recent events. Upper Tribunal (Immigration and Asylum Chamber) Appeal Number: UI-2022-002573 EA/11812/2021 THE IMMIGRATION ACTS Heard at Field House Decision & Reasons Promulgated On 19 October 2022 On 9 February 2023 Before DEPUTY UPPER TRIBUNAL JUDGE DAVEY Between the secretary of state for the department Appellant USCIS said that everyone would be interviewed, but that never happened. Think of it as a job interview. I am in the same position. She refused to hand Republicans a political talking point with the above statement. 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. Jason I applied for my EAD renewal on April 1st 2021. Germany refugee statistics for 2021 was 1,255,694.00, a 3.73% increase from 2020. Thank you so much! The company participates in E-verify. Feb 2015 and waiting to this day expedited 6 times no luck in New York. 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. For this reason, I have never applied for AP for a person with asylum. The situation is that my grandma is really sick back home and I know if anything bad happens to dad he has to leave but at the same time he is worried that we would lose our case since our whole family is under his application. I would need a shared experience of anyone that have been through these. 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. Good luck! Hi dear Jason. If their husband/father has a pending asylum case, maybe the better bet is to try to have him expedite the case if he is granted, he can file to bring eligible family members to the US. Many asylum cases are fraudulent, and we need to try to weed those out in order to protect the integrity of the system. It just might work. You are a hero! If she is being a politician, I dont think she did a good job frankly. In your case, you might see how the second interview goes, but if there is no progress, a mandamus might be the best option. USCIS has had a lot of problems, and almost laid off 70% of its workforce last year, and so I know there are issues, but I see no reason why an asylee adjustment should take more than 15 minutes, given that the person has already been vetted. There are no RFEs in court. I am in Florida so no problems here. 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. You see right through their BS! You talked about the danger the children experience. My lawyer told me to wait. I have my mch in November? Refugees are required to apply for Lawful Permanent Resident (green card) status one year after being admitted, and asylees may apply for green card status one year after their grant of asylum. Such an inspiration. 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? Hopefully your case will be approved soon. Hopefully you all recovered, may I ask what crime happened ? But my question was about if there is any law that prohibits USCIS from granting the case based on evidence submitted. Hey been on pending interview for 7 years now. Also, do you have any tips for me and mistakes to avoid. 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? No improvement at all. i dont get why the government not extend the validity to 2,3, 5 years !! The vice president did not call immigrants names, did she? The EAD is being processed at Potomac Service center. Some of these cases have been pending decisions for months or even years. @ Asylee .I-130 Applied in March 2019. Is there any provision in the asylum law that mandates USCIS to conduct an interview in order to grant asylum ? But it seems to me that if HR knows what to do, you should be fine. They all have passport. The delayed decisions are particularly frustrating these days, since the Asylum Offices are interviewing so few new cases. I totally agree that this is too ridiculous. Did she mean that you cant claim asylum at the U.S. border because its not a legal way of migrating to the U.S.? Could an asylum seekers political leaning hurt that particular asylum seekers chance ? The Brighton & Hove Safeguarding Childrens Partnership (BHSCP) has today, Tuesday 28 February, published a scrutiny report into reports of missing unaccompanied asylum-seeking children (UASC) from a Home Office run hotel in Hove. 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? Thats exactly what she did- except that, the culprits this time are at the border! 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 ? You are right! Take care, Jason, I applied for asylum in 2014. 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 . And I am sorry the damage done by me to the asylum community at large if any. Unfortunately, most asylum seekers face delay at every step of the process. At least you should send them an email inquiring about the status of the case you can find their email if you follow the link under Resources called Asylum Office Locator. Wouldnt that be a danger to people already in the US ? He got a visa before coming. For the FOIA, did you also receive information about your original visa application(s), or just information from when you reached the USA? As I see it, there are two downsides to a mandamus lawsuit: (1) There is not a strong legal basis to force the Asylum Office to process a persons case. 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? I have a pending asylum case waiting for a decision 1.5 years after my interview. If not can they seek asylum at the airport? 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. In Removal proceedings and MH dates has been changed 3 times over the last 26 months. The wait time for a decision from Arlington seems pretty slow. My case status shows fees were waived for EAD since Thursday, May 27th. Take care, Jason. I know it might sound outrageous, but I want to ask. My Driver Licence and ID expire on July 4th, and my passport from my home country expired in 2016. 2 90 n no way Jan 30, 2021 did you have your asylum interview or not yet? If an asylum spouse has approved H1B notice, can the spouse travel abroad without advanced parol? 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? Take care, Jason. 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. My lawyer suggested doing a draft mandamus to DOJ attorneys instead of court. 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. An example might be someone who paid money as ransom or who was forced on pain of death to provide services to terrorists. While the median completion time for cases involving individuals who are detained through the 2nd quarter of FY 2021 was 43 days, for non-detained individuals in removal proceedings, including arriving asylum seekers initially screened into expedited removal who establish a credible fear of persecution, the recent average case completion is it possible to contact local congress man to help me scheduled individual interview ? Hi I had an asylum interview in 2019, and my status was Decision pending Hi, I had an asylum interview in 2019; my status has changed from Decision pending to Application pending. Maybe try to go to different DMVs around your city/town. I agree that the system is broken. 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. www.DzubowLaw.com Before a case can be granted, each applicant is subject to a background check. I dont think the care for Republicans will be reciprocated frankly. 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 also did a blog post with ideas for expediting on January 29, 2020 maybe that would help. This is an idiotic excuse for delay it almost never happens that way in Immigration Court, but it routinely happens that way at the Asylum Office. We inquired and send an email for a decision. 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. Sorry for my rambling. 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). Take care, Jason. Of course, many of us would be up in arms about the fact that a Democrat (at that) would use these talking point for political advantage! He may want to contact some non-profits near the border to see if they have a better idea about the situation there. 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. Take care, Jason, Thank you Jason. Yesterday I called USCIS on the number that you provided and spoke to a USCIS agent. Unfortunately, the system is just slow (I Was at an I-130 interview today for a person in court we filed the I-130 case in 2019). 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). I think that message is standard. And based on small research and available resources, it looks like that timeline is growing there, but currently, they are processing EADs from applications of a bit over 8 months ago. Take care, Jason. Hi Naya, Will they be allow in the US at the airport? TIA. Id like to see the statistics on that. my question is , my wife she is my cousin can I still sponsor her , or it will be difficult . I do think the issue is (and always has been) political Trump rode to power largely as a result of his views on immigration, and if Biden is not careful, and if he is perceived as too pro-immigrant, it could cause a political backlash that will bring more Republicans to power in 2022. We really need a complete systematic over hall, but whether that will ever happen, I have real doubts. I think she was intentional. Actually, this is an issue I have been thinking about. Thanks for your help, Hi Jason, i lost my passport, EAD and SS card but my EAD is expiring soon. You can try to expedite I wrote about that on March 30, 2017. Whether they actually want to do that is an open question sometimes, it is better to continue the case. I also support doing some of the cases- both defensive and affirmative cases- over video. And yes, confidential information was retracted such as information about those who wrote a letter or confidential USCIS procedure. This really inspire me. Take care, Jason. You already have all the info you need. 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. She is not particularly pro-asylum seeker. In the face of such development, should an asylum seeker still do what should be done (bring litigation) ? Hi, I have been waiting for my decision 3.5 years. I doubt that is forthcoming, but that without a consensus about who qualifies, we are left with practical and political problems that politicians will exploit not just to harm immigrants, but also to harm many progressive causes. To escape the indefinite queue, some have started bringing claims of unreasonable delay under the Administrative Procedure Act (APA) to federal courts. Take care, Jason. Germany refugee statistics for 2019 was 1,146,682.00, a 7.79% increase from 2018. It seems like a decision is made now as the online updates show. 3 Receipt should be enough to extend your DL. There was a proposal in about 2007 to extend the RTD to 10 years, but it never happened. 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. 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. Status shows fees were waived for EAD since Thursday, may 27th AP on September,. 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