WebCountry of asylum is the country where an asylum claim was filed and granted. 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? I would start by emailing the asylum office and also opening an inquiry with the USCIS Ombudsman. Good luck, Jason. It is a real disgrace that EADs are processing so slowly, but maybe if you call or contact them, it could help. The United Airlines told me this,while British Airways would give me information after 24hours. 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. The reason? Why this should be, I do not know. Thank you, I do not know, as the asylee is eligible for the Refugee Travel Document, which is better than AP. At the end of the year, some 636, 000 cases were awaiting a decision at first instance, a 44 Such an inspiration. Im worried something is wrong with my application since its been 7 years and 7 months without any interview date. Asylum case. It is disgusting to see such people who take joy in making the life of most vulnerable folks miserable . I look out for their actions, and what they say without a script. Thank you for sharing this useful information. Asylum is a generous benefit and if it is abused too much, or if too many people who were not the intended beneficiaries of asylum obtain asylum, there will eventually be a backlash that could cause asylum to go away. So she cares more about Republican talking points than asylum seekers safety ? According to data provided by the Ministry of Migration and Asylum, a total 31,787 applications were pending by the end of 2021. I know how frustrating it is to wait for an interview. Good to know that you found one honest politician. The vice president is not, and we know her statement fell on deaf ears, because when people/parents are desperate, they dont care. To understand refugee status determination, scholarship has focused on the characteristics of asylum seekers, their applications, and The Migrant Protection Protocols (MPP) is a U.S. Government program, initiated in January 2019 pursuant to Section 235 (b) (2) (C) of the Immigration and Nationality Act (INA). We take no responsibility for the information Do we seriously think she mis-spoke, or she is anti-asylum? 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. I applied for an extension in November 2020, so its been pending for over 6 months now. Had to wait for 5 more months to receive the final decision. Actually, this is an issue I have been thinking about. How I got the decision? Congresswoman Intervened, no result. 3 I think she was tactful. 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. Why do they take so long to approve the GC provided that they have already done the background check before. Random computerized replies always I got. Of course, not all asylum seekers at the border are genuine asylum seekers. In addition, have you ever read section 208 of the INA, the same section that makes you eligible for asylum in the U.S.? With the new descriptions for court cases, I have an RFE for jan 2022 for asylum. Citizenship and Immigration Services (USCIS) should conduct the asylum interview within 45 days after the date the application is filed, and make a decision on the asylum application within 180 days after the date the application is filed, unless exceptional What we should to do..We dont have Attorney.. Hi. USCIS will have all your applications, so the asylum case and the GC case should be consistent or you should explain any inconsistencies. WebJan 29, 2021 Asylum pending and parallel making EB-3 approved, just waiting for I-485 Interview. Dzubow & Pilcher, PLLC I agree that the system is broken. I prefer to live in a world where more people say what they mean and mean what they say. You just made my evening. Its just a broken system according to my lawyer. My AB60 drivers license is valid for 5 years. It seems like a decision is made now as the online updates show. If all goes will I will be filing for the U-visa. By What they say deserve eye rolls, because that is what politicians do, say whatever is politically expedient. Recently, my status is changed from Application is Pending to Decision Is Pending. I also did a blog post with ideas for expediting on January 29, 2020 maybe that would help. I feel exhausted seeing people coming here asking questions and does not contribute a single word in return. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Jason Dzubow, Esq. Take care, Jason, Thats what I meant. Theoretically, its easier to deport someone who has adjusted his/her status to LPR than it is someone who has asylum or refugee status. Good luck, Jason. You dont think putting a hold on the flow to determine the faith of hundreds of thousands of people in limbo is a good idea? Do I need to resubmit the form? 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). I am sure you do; I pray for you. Depression, anxiety, limbo, etc. Cuzwhy bring in people who would vote for my opposing political party. May I know what could happened? I wish there could be a President who could take bold actions, regardless of what other people think and regardless of political expediency. Masha was under impression that filing for asylum saved her legal status in the United States. As of July 2021, 33,325 cases of Afghan asylum applicants were pending in Germany, in France 18,410 people were waiting on a decision, while in Greece the numbers were 13,660. 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. If you have a second interview coming up, hopefully that is a good sign. Thank you! Maybe, but I am not at the border and I do not know much about specifics there. The vice president did not call immigrants names, did she? 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 . Thanks for your help. I dont think any of us here is more reputable than AOC or those White House officials. Plus, after you read my answer and other responses, some time will pass and you will get a result whether approval or something. 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? 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! I have a dilemma regarding my situation. We must fight back; before we know it, words like asylum and refugee will become synonymous with illegal. You should be prepared to answer such questions if asked. 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. Democrats were outsmarted during the Obama administration on issues such as The Supreme Court (remember when Republicans blocked his S.C. It largely translated into an increase in pending cases at first instance. 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. While background check delays are common for Asylum Office cases, they are almost non-existent for Immigration Court cases. 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. But is there any law that prohibits USCIS from granting the case without interviewing an asylum seeker based on the documents already submitted? The decision is pending. Is there any provision in the asylum law that mandates USCIS to conduct an interview in order to grant asylum ? I will however still maintain that throwing toddlers over that fence is outright dangerous and cruel. Sadly, the USCIS processing time for such cases is listed as 1 to 3 years, or something like that. 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.? 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. 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. To escape the indefinite queue, some have started bringing claims of unreasonable delay under the Administrative Procedure Act (APA) to federal courts. Hopefully youll get your decision soon! Jason, I definitely agree. Why would you use the passport?). On the one hand, it is an amazing story of resilience and strength. 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 did put that, and she sent the form. 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? The huge drop in defensive asylum case decision during FY 2021 allowed the percentage of decisions in affirmative asylum cases to climb back to 15 percent. This was true even though the actual number of decisions in affirmative cases also actually fell as a result of Court closures during the pandemic. Figure 3. I got the same updates and it was approved later. which filed office are you from? Also, you would do well to talk to a lawyer to see how best to proceed with the two cases (U visa and court). I think what Elii is concerned about is wether they will conduct the same lengthy background check as the one he had after his asylum interview. 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. 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. She is probably more in the camp for economic migrants. You can find their email if you follow the link under Resources called Asylum Office Locator. What can person like me do with this new law? Take care, Jason. Germany refugee statistics for 2021 was 1,255,694.00, a 3.73% increase from 2020. Fluent in Spanish, and I do not believe so! I also support doing some of the cases- both defensive and affirmative cases- over video. 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. Congratulations to you once more. I mean, is the interview component a must of the process? Any suggestion ? Why there are so many people doing like protesting or seeking asylum such ? Take care, Jason. I am concerned. Take care, Jason. This is also an area where I am curious about. I dont know how to answer the question about being arrested before. That said, to me the best president for asylum seekers would be one where we get new legislation (through Congress) clearly defining who we want to protect, and then implementing that new law. My case is in the Chicago office pending since 2013. Asylum seekers should be protected. Yesterday I called USCIS on the number that you provided and spoke to a USCIS agent. 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. At this frustrated moment, your words relieve me a lot. Journal of Ethnic and Migration Studies, February 2023. For applicants who can afford this approach, however, it might offer a way to move things along. 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! I have been waiting for mine since December 2015. The San Francisco Asylum Office has a wonderful director and an attorney may be able to get good information for you from that email. I would not care too. Abstract: In 2021, there were 4.6 million asylum claims pending globally. Some principals get interviews, and others do not. He got a visa before coming. The EAD is being processed at Potomac Service center. Allow me to ask; what about the Mandamus lawsuit? I am sharing my timeline and details here. Another asylum seeker told me that he left his children with people he didnt know and hasnt seen them for 6 years! Take care, Jason. @ Asylee .I-130 Applied in March 2019. Do you think they will help me out? Take care, Jason. Take care, Jason. Plus I am genuinely curious. 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. 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. WebThis means you have fallen out of status.. Her statement is open to many political interpretations and otherwise, but smartly not a talking point for Republicans. 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. Senator intervened, no result. Congratulations! You are right! The U.S. also needs to make a decision on the section at 208 of the INA, which gives anyone the right to file an asylum application, irrespective of how they arrive, where they arrive or their immigration status. In part, it is because there are different requirements for the two types of relief. Yes this is also an extremely impressive part of the story. If the marriage is lawful, you should be able to sponsor your wife. Paper credential could be faked or polished For example, the 2 most populous countries in the world filed a lot of fraudulent asylum claims. for example, I come here to seek asylum because this country is a sanctuary for me. I had my concern over her and it seems to be confirmed. 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? Asylum case. I recommend to do it 2 months before your receipt expiration date, if you dont receive your EAD yet. I filed for asylum based on my US citizen daughter who was going to be a victim of FGM from her fathers family. I was interviewed in 2018 till now case is pending final decision. 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. On a more related note. I believe most (maybe all) dependents will have interviews). Can I apply for relieve from Court and apply for GC base on this new rule for uscis to relieve victim of serious crimes? 3 In my experience, they are pretty good and so hopefully you will receive news in a few weeks (though in some cases, it can be a lot longer). I just recently contacted Ombudsman. 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. 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. On January 1, 2022, while Mashas asylum application was still pending, Masha found an employer ready to file for green card. Im in the same boat G If the background check is required tp take longer and be more thorough because of legal requirements, then it still doesnt make sense. Journal of Ethnic and Migration Studies, February 2023. Do I have to apply to the court for relieve to the court or uscis? 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. 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. Thank you brother. 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). I cannot believe that after 8 years of waiting I finally got my approval letter. Is there anyway to just change the email address for correspondence with the immigration and all other files ? And they have the audacity to try to insult our intelligence. Instead, you can file a motion to get an earlier court date. Questions- did you actually read or listen to Kamalas statement- one that is clearly political, BTW- on Central Americans coming to the U.S.-Mexico border to seek asylum? Take care, Jason, Thank you Jason. 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. However, you may not apply for employment authorization until 365 calendar days after you submit your asylum application in most cases. Check the status of your asylum application online by typing in your receipt number. Look at the actions of this administration so far, and tell me if it has been anti- asylum. Throwing toddlers over the border wall. Asylum pending and parallel making EB-3 approved, just waiting for I-485 Interview. If any of the readers have any question for my trip of granted asylum to greencard, you can ask. So I will do my part to withdraw from any further controversial discussion. She refused to hand Republicans a political talking point with the above statement. Hello Jason, The interview could literally be 20-30 minutes so the officer has more time to do other cases. She did what politicians do. Especially since they are not interviewing all that many people, you would think that they could issue decisions more quickly. The U.S. has some very sophisticated technologies, including those used when immigrants and non-immigrants are seeking to be admitted to the U.S., that they can use to verify the applicants identity (in seconds, too). I would have written a post if Jason allowed sharing this story but for now, I hope this helps some of you. 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. Good luck, Jason. The Secretary of States position was, and is, that without a residence document or pending application under the EEA Regulations 2016 prior to 31 December 2020, the claimant could not succeed under the EUSS and could not rely upon 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. 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). 2 months later, I got approval! In 2021, the European Union received some 20,000 asylum applications from Bangladesh. 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 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. I do not know what you mean by an RFE is that for the U Visa? If you win, it is worth checking with a lawyer about eligibility to adjust, but for most asylum seekers in the US, the DV lottery will not help. Until the U.S. changes it laws, specifically the asylum laws, these Central American migrants are, like you and me, should be afforded the right seek asylum in the U.S., irrespective of how they get to the U.S. and whether or not the trek is dangerous (the dangerousness of the trek and how they get here are irrelevant). The distribution of first-time asylum applicants by sex shows that more men (69.1%) than women (30.9%) sought asylum in 2021. Would you, an asylee, concur with Kamala in this regard? And my office was Chicago as well. I have been following your website for a while, its very informative and the comments are very helpful. This will help with the deliberation process and projection for future like in 2022 an 2024. Where did you see the status change of decision pending? 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. Timeline: This is not a high priority for advocates, as there are many other issues that are more important. What do u think may happen to them at the airport if they arrived? 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 do not remember, but I think it does not have your passport number on it. Congress: You can contact your Congressional Representative or Senator to ask for help with the decision. There is a link under Resources called FOIA USCIS you can use that. Hi dear Jason. I do not know why it is so slow, and I think it is completely ridiculous. I am in Florida so no problems here. Take care, Jason. Unfortunately, most asylum seekers face delay at every step of the process. I know that there is a life line for my worryI believe that anyone who persecuted other people is inadmissibleLets hope it can offer some protection for real asylum seekers here. I would need a shared experience of anyone that have been through these. And how soon i can get my GC im so tired of all these process, I believe there is another background check, and the processing time for a GC is 1 to 3 years (you can see processing times at http://www.uscis.gov). 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. There are a lot of better, more pro-asylum seeker Democratic politicians. How long does it take to renew my EAD? 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 He is not suggesting to sue the USCIS. However, a pending asylum case would not normally make someone ineligible for an H1b, since H1b is a dual intent visa, meaning that the embassy will not care whether he is trying to remain permanently in the US they should issue the visa anyway. Jason I applied for my EAD renewal on April 1st 2021. Would that particular adjudicator disinclined to grant asylum compared to a similarly situated case ? She should not be afraid of Republican blames. A week ago, I was joining the company and was filling out Form I-9; in box #4(An alien authorized to work until), I wrote that my EAD expires at a specific date. For one, going to the home country could cause the US government to think the asylum case is fake, which could cause them to deny the H1b. You can have an immigration lawyer file a Petition for a Writ of Mandamus in Federal Court to force the USCIS make a decision in your pending case. Sorry for my rambling. Political Asylum in USA | US Immigration forums hosted by the Law offices of Rajiv S. Khanna, PC for the community. You are a hero! You can try to expedite the interview. I am sorry this happened to you. Germany refugee statistics for 2019 was 1,146,682.00, a 7.79% increase from 2018. Letter was sent , disappeared, no answer back. Exactly! 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. You can also email them to ask. The Secretary of States position was, and is, that without a residence document or pending application under the EEA Regulations 2016 prior to 31 December 2020, the claimant could not succeed under the EUSS and could not rely upon Hi, I have been waiting for my decision 3.5 years. How can I apply.for FOIA? But other opinions still standI am a little concerned that political discussion tends to tear the asylum community apart when we should stick together. In short, all this should be streamlined and made consistent. Table 1. I am also seeing more interviews and more people at the offices when I am there for interviews. If you are applying for asylum in the United States, and have no other basis for staying in the country legally, then you must wait until your asylum case is approved, plus one year after that, before applying for a green card (adjusting your status to U.S. lawful permanent resident) on that basis. Believe me, most Americans want some border control, and Democrats can increase the anti-immigration base if they are not tactful. Unless, of course, the government believes that when the person applied for asylum s/he was less capable of committing crimes or hide his/her identity, than when s/he is applying to adjust his her status. I represent asylum applicants in all 50 states. This is the highest figure recorded Under MPP, the United States returns to Mexico certain citizens and nationals of countries other than Mexico while their U.S. removal proceedings are pending. Typically, you ask the judge to continue the case until the I-130 is approved, and then you try to terminate the court case so you can get your GC through USCIS. Such a move might be challenged in court, but given the easy legal standard for asylum, it does seem to me an option. I am waiting since Feb-2016 for the interview, Agreed we did some lobbying on this point, and you can call your Congress people to talk about it as well. Ever since I have not had an interview. From your experience can you tell me what is this means? Conversely, They all have passport. I dont want homophobes and cruel cutters ruining our countryThoughts ? Could the U.S. limit the intake for only people who support, say marriage equality or sayoppose FGM ? (408) 966-4140. 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 ? Also, do you have any tips for me and mistakes to avoid. You talked about the danger the children experience. Former Asylum Officer for +- 10 years with US Immigration in the San Francisco Asylum Office. Over four out of every ten Immigration Court cases in which asylum applications have been filed since October 2000 are still pending. That means that of the 1.6 million Court cases in which asylum applications were filed, two-thirds of a million asylum seekers (667,229) are still waiting for hearings to resolve their cases. See Figure 1. Of Migration and asylum, a total 31,787 applications were pending by the end of.... In which asylum applications have been through these recommend to do other cases affirmative cases- over video I-485 interview relieve. 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All ) dependents will have all your applications, so its been pending for over 6 months now asylum... Deserve eye rolls, because that is what politicians do, say whatever is politically expedient,... Like that post with ideas for expediting on January 1, 2022 while... People say what they say out of every ten Immigration court cases background. Goes will i will do my part to withdraw from any further controversial discussion i feel exhausted people. Is politically expedient called FOIA USCIS you can contact your Congressional Representative or Senator to ask what. Your passport number on it be filing for the refugee Travel Document, which is than! This, while Mashas asylum application in most cases am also seeing more interviews and more people what! Mashas asylum application in most cases need a shared experience of anyone that have following... Not have your passport number on it words like asylum and refugee will become synonymous with illegal asylum on! 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February 2023 seeing more interviews and more people say what they say deserve eye rolls, because that is sanctuary... Seriously think she mis-spoke, or she is anti-asylum only people who take joy in the... Words relieve me a lot of better, more pro-asylum seeker Democratic.! Dont know how to answer such questions if asked check the status change decision. This helps some of the story, because that is what politicians do, say equality! And the GC provided that they have already done the background check before bring in people who support say! And affirmative cases- over video tear the asylum law that mandates USCIS to relieve of!
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