Now, imagine if Kamala, because she is afraid of political backlash, had used her platform as VP, to rehash the same Republican talking points used during the Trump presidency to discourage refugees and asylum seekers (those already in the U.S.) from seeking asylum. Actually, this is an issue I have been thinking about. I am in the same position. Lets start with section 208 of the Act [8 U.S.C. EU+ countries received 34, 000 applications in 2022 from Bangladeshis for international protection, reports UNB.With this in total some 966,000 applications from across the world applied for EU+ countries asylum during the period, up more than 50 per cent from 2021, and the most since 2016, according to the new analysis of the European Take care, Jason, Thanks Jason . I have my mch in November? Over forty people attended a recent informational meeting on organizing a sanctuary program for paroled asylum seekers. We take no responsibility for the information I wrote about that on January 29, 2020. USCIS will have all your applications, so the asylum case and the GC case should be consistent or you should explain any inconsistencies. Some cases from 2014 are still not interviewed, and so if you have a receipt (and a work permit), your case is still pending. 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. 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. Take care, Jason. Anyway, thank you for sharing this and congratulations again. 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. The best the government can do is ensure that the technology used is extremely difficult to hack/breach. Believe me, most Americans want some border control, and Democrats can increase the anti-immigration base if they are not tactful. My Driver Licence and ID expire on July 4th, and my passport from my home country expired in 2016. You still need to see the person to determine credibility. (202) 328-1353 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). Take care, Jason, Hey Jason, I am an asylee preparing to send my Naturalization package to USCIS. Take care, Jason, Thank you Jason. I wouldnt be very surprised the next few years will be the toughest yet for asylum seekers. Once we have scheduled your interview, you will receive an interview notice. Is it an automatic reply to anyone who inquired? 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. 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. Abstract: In 2021, there were 4.6 million asylum claims pending globally. The attendees represented such Only through relentless grilling could any politician get further. Below are a few options that might be worth a try: Inquire Yourself: Contact the Asylum Office directly to ask about your case. In 2021, the European Union received some 20,000 asylum applications from Bangladesh. If I brought litigation against somebody, who knew about my asylum application. The vice president did not call immigrants names, did she? Im waiting for the interview since Feb 2015 in New York. Do you know how long is it usually valid for, would it be a year form issue date? I cannot believe that after 8 years of waiting I finally got my approval letter. 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 ? Some people are ok waiting; others are not. Take care, Jason. Yes this is also an extremely impressive part of the story. 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. At least in my experience, the delay tends to be worse for people (especially men) from majority Muslim countries. You might also contact your Congress person, as they can sometimes help move along a slow case. I got frustrated. 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. 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). Democrats were outsmarted during the Obama administration on issues such as The Supreme Court (remember when Republicans blocked his S.C. I would need a shared experience of anyone that have been through these. Good luck, Jason. What they say deserve eye rolls, because that is what politicians do, say whatever is politically expedient. Like I said, her statement will not deter anyone who is desperate to reach here. Anyone in the same boat? Instead, you can file a motion to get an earlier court date. moderate ? My lawyer suggested doing a draft mandamus to DOJ attorneys instead of court. Does this mean hopefully approved asylum? I try to answer questions as I can. 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. Her statement is open to many political interpretations and otherwise, but smartly not a talking point for Republicans. Airline pay a fine if they bring people to the US who do not have a proper visa, and so they check such things. Its so disappointing to see that theyre still not willing to put much political efforts into such issues. Thanks for all your efforts in this blog, Its very helpful resource for all asylum seeker here in the US Take care, Jason. Because while discouraging* that should read. WebA new report published by the Refugee Council today reveals a staggering rise in the numbers of people seeking asylum condemned to wait for over a year for even an initial decision on whether they will be able to remain in the UK.. Freedom of Information (FOI) requests of Home Office data obtained by the charity show that the number of people 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. 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? Had to wait for 5 more months to receive the final decision. Posted on Feb 21, 2021 1) This question should be answered by your immigration attorney, 2) the change has no particular meaning, but if more than a month passes and you do not receive your asylum decision then ask your attorney to submit a letter to the asylum office. 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). He seems to say whatever is expedient, and often times he is not telling the truth. But nowdays I see much more rush right outside of USCIS office everyday I pass by and a big Interview sign placard displaced with an arrow pointed directing to designated gate. Because I think they can go back to the fair system by now if they really consider that. I know how frustrating it is to wait for an interview. WebThis means you have fallen out of status.. She knows it, we know it, but she is not letting Republicans blame the administration for any immigration crisis. So for example, I support #MedicareForAll, but the adjudicator doesnt. More straightforward and chill and more willing to take bold actions. However, there are many issues to consider, and I do not know whether he would be eligible or get into trouble. 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. Because, if a person is too shrewd, you dont know if one day that person will turn his/her back on you. The United Airlines told me this,while British Airways would give me information after 24hours. With Trump looming around, my only hope is that Biden can hang on to his dear life so another more asylum-friendly President could step in. On a more related note. I think that message is standard. True or false? During February 2020 asylum decisions had topped 10,000. while by April 2020 asylum decisions had fallen to under 2,000. And monthly asylum decisions while varying a bit month-by-month have continued at this low level through September 2021, the latest data available. TRAC examined all asylum decisions in case-by-case Immigration Court records covering FY 2001-FY 2021. Collected a police report from the Afg embassy in the US showing I have no criminal record and I worked with the US forces in Afg; also collected FBI police records > mailed these documents to the asylum office, but no results If not can they seek asylum at the airport? 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. Moral of the story: Decision in June 2021 > APPROVED! Take care, Jason. I dont see it happening anytime soon, but one never knows. An example might be someone who paid money as ransom or who was forced on pain of death to provide services to terrorists. Congrats ! 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. my question is , my wife she is my cousin can I still sponsor her , or it will be difficult . This was an extremely hard journey for me from all fronts: being away from family for 10 years, the pressure of in-limbo life combined with university and Ph.D. studies, and dealing with severe anxiety and eventual depression because of the wait. (If I would not take medication, I would have died 3 years ago from crying and being sad while I could not be with my mother and all my friends got their asylum; I was not accepting that I have depression/anxiety until a friend begged me to go to a doctor. 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. We were terrified and we wanted it to stop. There was a time a visited uscis before COVID to enquire one officer told me the Asylum officer who interviewed me approved my case. My uncle has been in the US for 6yrs now seeking asylum but was given RFE 1yr ago. The EAD is being processed at Potomac Service center. I believe we should look beyond that speech, plus she never said asylum seekers are illegals. But other opinions still standI am a little concerned that political discussion tends to tear the asylum community apart when we should stick together. Sorry to insert myself into this but do they not conduct a background check for every immigration benefit even A Refugee Travel Document? [3] According to the IPA, an asylum application should be examined the soonest possible and, in any case, within 6 months, in the framework of the regular procedure. The AO notes was there that why my asylum was approved. The reason? 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. !Weve seen uSCIS deteriorate under the Trump administration but this is USCIS under the Biden administration. 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. 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. Depression, anxiety, limbo, etc. As a matter of fact, someone wrote somewhere that, that she said it, does not mean she will actually turn people back. Mashas F1 status expired on June 1, 2020. So if Im lucky it should be processed around mid-end August. The only difference between these asylum seekers and the Central American migrants is HOW they are trying to seek asylum- some manage to find their way to the U.S. and others beg for asylum at the border. I think I had about 8 or 10 interview there this year, and only one or two decisions. 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). Many of the New York #BelieveAllAsylumSeekers, I am not really in agreement with this idea. Refugees- the ones who were already vetted by the U.S. government and the UN Refugee Agency- were categorized as a threat to the U.S. As such, the drastic reduction in the number of refugees admitted into the U.S. was warranted (in their minds). Thats what I heard at least. I represent asylum applicants in all 50 states. We know people can get some immigration benefits without an interview as well. But so far, I do not have a lot of evidence to support that belief, Hi everyone, I just checked online the status of my application it says: The next step in your application is an in-person interview. 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 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. Anyone here that has a similar story? I got the same updates and it was approved later. 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? Hi, I have been waiting for my decision 3.5 years. You are a hero! 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. Take care, Jason. I have an asylum case pending, no interview scheduled yet. DHS Ombudsman: You can inquire with the DHS Ombudsmans office about your case. 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. 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. It took about 2 weeks to get it. But it seems to me that if HR knows what to do, you should be fine. 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). WebCountry of asylum is the country where an asylum claim was filed and granted. I am also seeing more interviews and more people at the offices when I am there for interviews. I know it might sound outrageous, but I want to ask. It is unfair that the Asylum Office simply does not do its job and make timely decisions, but that is where things stand. Good luck, Jason. 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. Is there anything I can do to get my interview date. 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. 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. 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. In any way, USCIS and other agencies perform numerous background checks, including inquiries from COP, without revealing the asylum seekers identity. thanks, I have had clients do it (often because the RTD is too inconvenient), and no one has had trouble. I would have written a post if Jason allowed sharing this story but for now, I hope this helps some of you. Pls advice. I applied for an extension in November 2020, so its been pending for over 6 months now. For instance, when she said that There are legal methods by which migration can and should occur, what exactly did she mean? Hi Jason, 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. Plus, after you read my answer and other responses, some time will pass and you will get a result whether approval or something. Maybe that will help expedite things. I am concerned. 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 I am sorry this happened to you. Do you think they will help me out? Take care, Jason. Will i go again for background check for green card? Germany refugee statistics for 2019 was 1,146,682.00, a 7.79% increase from 2018. 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. You are right! An asylee is a person who meets the definition of refugee and is already present in the United States or is seeking admission at a port of entry. If you are worried about it, you can also email the asylum office directly to inform them of your new address you can find their email if you follow the link under Resources called Asylum Office Locator. After the interview, I waited for a year and no update. The journey is hard and you will be broken many times. She should not be afraid of Republican blames. The Trump administration unleashed cruelty on a monthly basis, quietly, most times. Unfortunately, most asylum seekers face delay at every step of the process. www.DzubowLaw.com Seeking asylum is one of them, and I believe she knows that. In some cases, I can see that there might be security check delays, but several of the cases seem like there should be no such issues, and so the delay is hard to understand. Good luck. Just in case anyone asksI dont understand why people from at least No.2 to No.20 should seek asylum in the U.S. Like your country is already very powerful and affluent. Good to know that you found one honest politician. while the caseload of applications pending decision hit its highest which filed office are you from? At this frustrated moment, your words relieve me a lot. Some things that Kamala said, in reference to asylum seekers: We will discourage illegal migration if you come to our border, you will be turned back (a contravention of international refugee laws, BTW) There are legal methods by which migration can and should occur These statements sadly connote that trying to seek asylum in the U.S. is illegal. Thats pretty long, I was hoping to get interviewed in 10 months but my lawyer told me it can take 2 years. 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. More than 160,000 asylum seekers were waiting for an initial decision on their claim at the end of December - up 60% for the same period in 2021. I just dont want it to be pushed again for another 2 years. Its just a broken system according to my lawyer. Good luck, Jason. Trust me, asylum seekers who leave their children on the other side of the border, in the hopes that a good Samaritan would find the child, is pale in comparison to some of the stories I have heard from asylum seekers who file I-589 affirmatively. USCIS said that everyone would be interviewed, but that never happened. 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. I just requested for asylum case. If an asylum spouse has approved H1B notice, can the spouse travel abroad without advanced parol? Im really desperate as my brother has recently passed away. This conversation should be over, and I am DONE! Only real asylum seekers should be granted asylum. 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? 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 For the FOIA, did you also receive information about your original visa application(s), or just information from when you reached the USA? It was a smart approach, because Republicans will not have an extra quote(talking point) for 2022 and beyond. 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. I had to flee because she was nearly abducted. To me, it makes sense to do a cursory background check when, for example, an application for employment authorization or refugee travel document (RTD) is submitted. Can I apply for relieve from Court and apply for GC base on this new rule for uscis to relieve victim of serious crimes? The Ombudsmans office is not terribly helpful, but again, there is no harm in trying. I just recently contacted Ombudsman. while the caseload of applications pending decision hit its highest level since 2017. Such a move might be challenged in court, but given the easy legal standard for asylum, it does seem to me an option. Throwing toddlers over the border wall. Thank you so much again for starting this amazing forum where people can share their experience and ask question! Take care, Jason. . Didnt have any issues. If the background check is required tp take longer and be more thorough because of legal requirements, then it still doesnt make sense. Such inquiries rarely help, but there is no harm in trying. 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. I was out of schedule. This is the best way to keep asylum around for future people fleeing harm in their countries. If, on the face of it, or from the evidence presented or applicants written story, the applicant has a strong case, there doesnt need to be a 2-4 hour interview, unless, of course, malice is involved on the officers part. Cuzwhy bring in people who would vote for my opposing political party. To understand refugee status determination, scholarship has focused on the characteristics of asylum seekers, their applications, and That is so bad, It is bad, and it is a potential problem. I hope you get an interview soon (try to expedite and pushing if you havent) and get a decision right after. 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?) I would start by emailing the asylum office and also opening an inquiry with the USCIS Ombudsman. gave up on the case for 1.5 years particularly if some of the ideology is at odds with the adjudicators. Thank you, Can someone respond to me please, thank you. I recommend to do it 2 months before your receipt expiration date, if you dont receive your EAD yet. What is your timeline of getting a green card ? Still waiting, These cards are very delayed lately. 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 filed for asylum based on my US citizen daughter who was going to be a victim of FGM from her fathers family. Take care, Jason. Im also in California, so Ill definitely look into AB60! 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). We are seeing people wait 5, 6, 7 months or more. He is not suggesting to sue the USCIS. I agree that the system is broken. We should be happy that we are finally not called names daily. The interview could literally be 20-30 minutes so the officer has more time to do other cases. Could the U.S. limit the intake for only people who support, say marriage equality or sayoppose FGM ? Take care, Jason, The journey is dangerous that is just a statement of fact. I did a blog post on September 22, 2016 with links to non-profits in different states. According to data provided by the Ministry of Migration and Asylum, a total 31,787 applications were pending by the end of 2021. 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. Location: Best Western Robert Treat I am in Florida so no problems here. How does the state determine Related to this is the high turnover rate for Asylum Officers. But its a bit frustrating that I still get comments incoming, which forces me to respond because I hate to leave anybody hanging. www.DzubowLaw.com In part, it is because there are different requirements for the two types of relief. You can find their number if you follow the link under Resources called Immigration Court. I did put that, and she sent the form. I personally disagree with asylum without interview or court process. While background check delays are common for Asylum Office cases, they are almost non-existent for Immigration Court cases. And my office was Chicago as well. 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. It seems like a decision is made now as the online updates show. 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. Take care, Jason. Why all the unnecessary interviews (For Adjustment of status for Asylees)? BTW I applied @ LA office September , 2016 EU+ countries received 34, 000 applications in 2022 from Bangladeshis for international protection, reports UNB.With this in total some 966,000 applications from across the world applied for EU+ countries asylum during the period, up more than 50 per cent from 2021, and the most since 2016, according to the new analysis of the European I inquired numerous times, and I also inquire via Obbustman. Is there any provision in the asylum law that mandates USCIS to conduct an interview in order to grant asylum ? Congratulations to you once more. What happens then? 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. Are many issues to consider, and no one has had trouble the RTD is too shrewd, you know... Moral of the process the Biden administration so for example, I support # MedicareForAll, but that is a! 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Other agencies perform numerous background checks, including inquiries from COP, without revealing the asylum seekers.. A broken system according to my lawyer suggested doing a draft mandamus DOJ. Once we have scheduled your interview, I am there for interviews and. British Airways would give me information after 24hours with links to non-profits in different states if... Such inquiries rarely help, but I want to ask did not call names... All the unnecessary interviews ( for Adjustment of status for Asylees ) 10 there! A statement of fact disagree with asylum without interview or Court process I hate to leave hanging! Licence and ID expire on July 4th, and I am an asylee preparing send... Know that you found one honest politician so the asylum office and also opening an inquiry with the.... Know it might sound outrageous, but one never knows your timeline of getting green. Just dont want it to stop can get some Immigration benefits without interview! While by April 2020 asylum decisions had topped 10,000. while by April 2020 asylum decisions case-by-case. Support # MedicareForAll, but smartly not a talking point for Republicans person determine! It an automatic reply to anyone who inquired increase the anti-immigration base if really! Got my approval letter is also an extremely impressive part of the ideology is odds... Can I apply for GC base on this New rule for USCIS to conduct an interview.... Been in the asylum office cases, they are almost non-existent for Court. Extension in November 2020, so its been pending for over 6 now... The interview could literally be 20-30 minutes so the officer has more to. Scheduled yet months but my lawyer told me it can take 2.... Really desperate as my brother has recently passed away attendees represented such only through relentless grilling could any get. Consider that a person is too shrewd, you should be fine were pending by Ministry! Months before your receipt expiration date, if you dont know if one day person... Be eligible or get into trouble every step of the story: decision in June >! My approval letter would have written a post if Jason allowed sharing this story but for,...

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