Vice President says the asylum seekers will be turned back, is this signaling the Biden administrations shifting policy to a more anti-asylum seeker one ? Hello Jason, what is the way forward based on the new ICE directive tjat says they are eligible to settle out of court. I have been following your website for a while, its very informative and the comments are very helpful. The journey is hard and you will be broken many times. I appreciate your help in this. 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. Because I think they can go back to the fair system by now if they really consider that. If you have tried everything else, mandamus is the last option. Germany refugee statistics for 2021 was 1,255,694.00, a 3.73% increase from 2020. It is a real disgrace that EADs are processing so slowly, but maybe if you call or contact them, it could help. None of these stopped you from getting a PHD. We know people can get some immigration benefits without an interview as well. 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. Even though Biden is POTUS, and there is a new administration, we are still not back to pre-Trump refugee admission levels because of the amount of damage already done. 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. 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 mean, is the interview component a must of the process? I have two concerns, really (everything else is irrelevant to me): the violation of asylum seekers right to seek asylum, irrespective of how they arrive, and the (un)intentional desensitization of people, on a global scale, to the plight and persecution of asylum seekers/refugees by conflating the right to seek asylum with illegal migration. Take care, Jason, Any update or plan if USCIS will go back to FIFO for Asylum interview or they dont even think about that?. That was particularly true when he spoke about asylum seekers, who he vilified and used to help propel himself to power. Thanks so much in advance. I imagine and feel what you have gone through. Any suggestion ? Take care, Jason. And worse case, you will have to resubmit the information to e-verify. What can person like me do with this new law? I cannot believe that after 8 years of waiting I finally got my approval letter. Take care, Jason. But when other people flood in, bring theirculture or customslike FGMor some ideas like its a sin to to a) b) c). You cannot be deported while you have a pending asylum claim, but it will not stop you from falling out of status. Congratulations to you once more. What should I do. How does the state determine that someone qualifies for refugee status? Ive written before about the types of cases that get sent to HQ, but they include cases where the applicant is a diplomat or an unaccompanied minor, where there are terrorism- or national security-related issues, and where a case is likely to be publicized. Can you say something about delayed GC decisions as well. Thank you so much for this amazing website and your valuable work for the community. 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 reason? Do not give up. 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. Take care, Jason. Is there any provision in the asylum law that mandates USCIS to conduct an interview in order to grant asylum ? Take care, Jason. Hello Naya, 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. Thank you, Can someone respond to me please, thank you. Eventually in 2020, filed for FOIA (freedom of information act) and received a copy of my asylum file > to my surprise, my asylum was granted JUST 7 days after my interview BUT the asylum office did not release the decision (This was heartbreaking as I was going through depression; FOIA took 3-4 months to be processed) Ive been religiously following this blog since early 2017 (or maybe even earlier), and really appreciate all the time & attention you have been putting in it. [4] I believe most (maybe all) dependents will have interviews). I am sure you do; I pray for you. However, we received a reply as our application is on the final decision. But if you have a U visa case and a court case, maybe it is possible to put the court case on hold while the U visa processes. WebThis means you have fallen out of status.. We should not be arguing about that comment, or make it look like some of us support people who are anti-asylum. No improvement at all. You wont be able to change other peoples mind @jamieI agree with you though. Hope all is well! Other casesa minorityare delayed when they are referred to the Asylum Division headquarters for review. On the one hand, it is an amazing story of resilience and strength. 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 . But Trump could be my last choice. That said, we all know her statement will not deter anyone who wants to come from coming, and her statement WILL also NOT be used by Republicans to expand and energize the anti- immigration base. I think I had about 8 or 10 interview there this year, and only one or two decisions. What is your timeline of getting a green card ? That is smart! 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 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. This is the best way to keep asylum around for future people fleeing harm in their countries. Keep in mind too that many Americans do not like the crisis at the border. Abstract: In 2021, there were 4.6 million asylum claims pending globally. moderate ? Democrats control all branches of government and they still struggle to make significant move on immigration and immigration agencies? If you have a GC, the process can sometimes be slower for than if you are a citizen, but you should be able to sponsor her, as long as she is eligible (no prior deportation orders, arrests, etc.). Thanks for the insight . If a person does travel with AP and is re-admitted, they would still be eligible to adjust status, and so in that sense, maybe it would not make much difference. Hi Jason, for example, I come here to seek asylum because this country is a sanctuary for me. Has anyone researched to know how Americans of every party affiliation feel about the crisis at the border? It used to be that DHS (the prosecutor) could sometimes help move the USCIS case along, but I have not seen that in a while. So dont worry. Thank you so much! I wrote about that on September 11, 2017. At least he says what he means and he means what he says, I find this quality more preferable than Party ID. Forty Members of Congress recently wrote a letter to DHS Secretary Alejandro Mayorkas and USCIS Director Ur Jaddou expressing concern about the I think it is a personal decision whether to try to sue or not. 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? 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 Take care, Jason. And if not (which I assume would be the case), will I have trouble having no valid ID staying in US? Journal of Ethnic and Migration Studies, February 2023. Thank you for all you do for the asylum community! 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. Guess what? Exactly! I will also try to apply for an AB60 ID since its validity is much longer. Conversely, 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. WebAt the beginning of 2022, there were 196,714 affirmative asylum claims pending, and many applicants have waited in a state of legal limbo for over five years to receive a decision on their claim. Think of it as a job interview. Do your damn job, or dont do it all and let people know that you dont like immigrants, legal or illegal. My guess is that the case was approved in the sense that you qualified for asylum, but the delay was the security check. Just curious, cant understand. You can try to expedite the interview. You can circle the answer and write see cover letter. In the cover letter, you can explain what happened and attach any evidence you have. Dear Jason, My husband along with my children had an interview in the Arlington office 2 months ago. #BelieveAllAsylumSeekers, I am not really in agreement with this idea. WebIn 2021, EU+ asylum authorities issued approximately 535 000 first instance decisions, marginally more than in 2020 but roughly in line with pre-pandemic levels. How does the state determine and immigration. We should be happy that we are finally not called names daily. 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. Its almost as if they are punishing you for trying to do it the legal way. If they do what relief can one apply for are you asked to leave the country? Some principals get interviews, and others do not. On the other hand, it is an outrage and a tragedy that the system took so long. I have received my approval letter next week. Still they do not make significant changes to streamline processing times? thanks, I have had clients do it (often because the RTD is too inconvenient), and no one has had trouble. 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! For travel to see sick relatives, the better bet is to get Advance Parole and use that to travel and return. You just made my evening. 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 will however still maintain that throwing toddlers over that fence is outright dangerous and cruel. 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. In your case, you might see how the second interview goes, but if there is no progress, a mandamus might be the best option. The company participates in E-verify. 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. Take care, Jason. (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. Maybe someone else here knows for sure. Is there anyway to just change the email address for correspondence with the immigration and all other files ? 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. 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). I dont want homophobes and cruel cutters ruining our countryThoughts ? Thank you for posting these articles and answering questions in the comments. 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. Jason, I agree that background checks are probably layered (for want of a better word) as it concerns the type of immigration benefit sought. I feel exhausted seeing people coming here asking questions and does not contribute a single word in return. 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. The Trump administration unleashed cruelty on a monthly basis, quietly, most times. If something comes up, or if the person commits a crime, the government should take action against that person whether he is applying for a new benefit or just living here with an existing benefit. This conversation should be over, and I am DONE! 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. More specifically, can the spouse travel back to home country for H1B visa stamp and re-enter the U.S. under H1B visa status? Feb 2015 and waiting to this day expedited 6 times no luck in New York. Her statement is open to many political interpretations and otherwise, but smartly not a talking point for Republicans. Sent 4 Out of processing requests myself and one by my lawyer. I am sorry this happened to you. Timeline: I did a post on April 7, 2021 with more info on this point. I agree that the system is broken. 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. Youd be surprised to learn that there are some asylum seekers- the ones who file affirmatively- who have had to make extremely difficulty decisions (I know this because I work with organizations that provide support to asylum seekers and refugees in New York). Closed Format/Skill Level: Meeting. What do u think I can do? However, there are many issues to consider, and I do not know whether he would be eligible or get into trouble. Another reason for delay is that each case needs to be reviewed by a supervisor, and the Asylum Offices are apparently short of supervisors. The vice president is not, and we know her statement fell on deaf ears, because when people/parents are desperate, they dont care. As well, what can we do to obviate the threat of applying for asylum and refuge- though many people already view asylum seekers and refugees as illegals- BECOMING MORE synonymous with illegal migration? Hopefully you all recovered, may I ask what crime happened ? More straightforward and chill and more willing to take bold actions. Journal of Ethnic and Migration Studies, February 2023. I applied for an extension in November 2020, so its been pending for over 6 months now. Pls advice. Use undocumented insteadI think her remark is highly controversialif she intends to not rile up progressives and conservativesI am not sure she succeeded either frankly, She once ran against a latina for U.S. Senate seat, there could be lingering resentment there. Hello Jason, I think her statement was politically calculated. 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. Take care, Jason. Will they be allow in the US at the airport? I just requested for asylum case. Some cases from 2014 are still not interviewed, and so if you have a receipt (and a work permit), your case is still pending. In your situation, it is just over 2 months since you filed, so it is probably too soon to be inquiring, but the news from the person you spoke to is not encouraging. Thanks for your help. Or will people like me be eligible to apply for freedom that will cover RFE and U-visa by asking uscis to grant them a PR? Take care, Jason. Thats pretty long, I was hoping to get interviewed in 10 months but my lawyer told me it can take 2 years. You can file online. They could have died. In the face of such development, should an asylum seeker still do what should be done (bring litigation) ? Masha was under impression that filing for asylum saved her legal status in the United States. Asylum Decision Rates by Nationality (PDF) 13. 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. Asylum case. It also provides an overview of the immigration detention system, discusses the legal authority for different types of Thank you so much for your response. If all else has failed, mandamus is the last option. I say again, I care about what politicians do than what they say. For the last half decade, the U.S. has prevented most migrants from pursuing asylum cases herefirst under the Remain in Mexico policy, which forced people into overcrowded shelters or dangerous border encampments in northern Mexico while their asylum cases were pending, then under the Title 42 public health policy which has I dont think the care for Republicans will be reciprocated frankly. Shake my head. 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. Other casesa minorityare delayed when they are referred to the Asylum Division headquarters for review. 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. Sorry to hear this. JDzubow(at)DzubowLaw.com. Allow me to ask; 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? 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? I would have written a post if Jason allowed sharing this story but for now, I hope this helps some of you. Yesterday (On my first day of work), I was contacted by an HR person from my job, and she told me that since I have an asylum(I have pending asylum, and she requested the I-765 copy), she needs me to put N/A. in that field. I am also an Afghan waiting for my interview for more than 6 years now. 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. Any immigration and naturalization attorney can assist you in filing for employment authorization, known as Form I-765. WebCountry of asylum is the country where an asylum claim was filed and granted. Below are a few options that might be worth a try: Inquire Yourself: Contact the Asylum Office directly to ask about your case. Filed Dec 2013 What do u think may happen to them at the airport if they arrived? Why do they take so long to approve the GC provided that they have already done the background check before. I suppose it is possible to do that in conjunction with an I-485, but I do not see why you would want to. Take care, Jason. On May 25, 2020 Masha filed for asylum. Generally, in my experience, this option is not very effective, but there is no harm in trying. Still waiting, These cards are very delayed lately. Can they come without a visa? 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. DHS Ombudsman: You can inquire with the DHS Ombudsmans office about your case. Anyway, thank you for sharing this and congratulations again. You see right through their BS! However, it really does boggle the mind that the DHS/FBI would do a cursory, or incomplete, background check on applicant whose asylum application was approved. Is there anything I can do to get my interview date. The San Francisco Asylum Office has a wonderful director and an attorney may be able to get good information for you from that email. First, lets talk about some reasons for delayed decisions. Germany refugee statistics for 2020 was 1,210,596.00, a 5.57% increase from 2019. If the marriage is lawful, you should be able to sponsor your wife. Related to this is the high turnover rate for Asylum Officers. To escape the indefinite queue, some have started bringing claims of unreasonable delay under the Administrative Procedure Act (APA) to federal courts. Such a move might be challenged in court, but given the easy legal standard for asylum, it does seem to me an option. 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 ? He seems to say whatever is expedient, and often times he is not telling the truth. I appreciate all you do here for us all,God bless you. WebGet a decision Your application will usually be decided within 6 months. Letter was sent , disappeared, no answer back. It just might work. I think she might want to replace the latino population with another demographic. Im worried something is wrong with my application since its been 7 years and 7 months without any interview date. Why there are so many people doing like protesting or seeking asylum such ? He is not suggesting to sue the USCIS. Throwing toddlers over the border wall. Ombudsman should be able to help you; though, its still asylum office discretion to release the decision. Thanks, We have been seeing cases take maybe 1 or 1.5 years for the interview. But his kids and wife are back home. I have urged the person to file a mandamus, but that is not something he wants to do. 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). Please enlighten us, The memo was released on Friday, but I have not seen it yet (it was not public as of this morning, but if it is not available by now, it will be soon). Good luck. Well, thank you for the courtesy to respond, and it is okay to respectfully disagree. 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. If so, how long did it take to get your documents? Didnt have any issues. Take care, Jason, Thats what I meant. 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. Id like to see the statistics on that. oh my goodness! 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. Hey, is the asylum decision pending from 2013 or your interview is pending? Take care, Jason. A background check for a RTD is much faster than the kind of background check that comes after an asylum interview. 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. For those who have already been interviewed, perhaps some of these ideas can help you push the Asylum Office to issue a decision. Thank you, I do not know, as the asylee is eligible for the Refugee Travel Document, which is better than AP. Good to know that you found one honest politician. My Real ID expired in March, I got AB60 ID (for California). Will I have really have to live with the fear of being deported simply because I once feared for life and gave money to my oppressors? 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