Many asylum cases are fraudulent, and we need to try to weed those out in order to protect the integrity of the system. Please note: If you withdraw your asylum case, you don't have any legal status in Germany and would therefore be asked to leave the country. I 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. Hi, I have been waiting for my decision 3.5 years. Other casesa minorityare delayed when they are referred to the Asylum Division headquarters for review. I appreciate your help in this. Can I apply for relieve from Court and apply for GC base on this new rule for uscis to relieve victim of serious crimes? How Long Does It Take to Withdraw From My Asylum Case? Will i go again for background check for green card? He may want to contact some non-profits near the border to see if they have a better idea about the situation there. JDzubow(at)DzubowLaw.com. 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). En Espaol. Actually, this is an issue I have been thinking about. Theoretically, its easier to deport someone who has adjusted his/her status to LPR than it is someone who has asylum or refugee status. Take care, Jason. 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. Other times, it can take less than one year. Its almost as if they are punishing you for trying to do it the legal way. Shake my head. Thanks in advance, I think processing times at http://www.uscis.gov are 1 to 3 years, but most of our cases seem to take 1.5 to 2 years. 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 . That should result in a decision. Plus, after you read my answer and other responses, some time will pass and you will get a result whether approval or something. What is your timeline of getting a green card ? Believe me, most Americans want some border control, and Democrats can increase the anti-immigration base if they are not tactful. 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 ? Is it an automatic reply to anyone who inquired? Decision in June 2021 > APPROVED! In the first 6 months of the current administration, do we feel more at peace and hopeful or not as immigrants and asylum seekers? 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 ? More specifically, can the spouse travel back to home country for H1B visa stamp and re-enter the U.S. under H1B visa status? I got frustrated. Well said, Jason. Hi Naya, Did I say that she did or did not say people should not seek asylum ? I wish you best of luck in the USA, Jason. Thanks, We have been seeing cases take maybe 1 or 1.5 years for the interview. Take care, Jason, https://www.latimes.com/politics/story/2021-06-07/vice-president-harris-meets-with-guatemalan-leader-on-migration-issues. I wrote about that on April 20, 2017. The AO notes was there that why my asylum was approved. If I brought litigation against somebody, who knew about my asylum application. I do not know a lot about the employment stuff, sorry. https://www.cnn.com/2017/05/11/health/female-genital-mutilation-fgm-explainer-trnd/index.html, The Benefits and Burdens of Court-Appointed Lawyers, Affirmative Asylum Backlog Grows at Unprecedented Rate, Adding a Dependent to an Existing Asylum Case. I am not sure that is 100% correct, and so you have to wait for the letter, but it is a hopeful sign. I was about to change the address but Im wandering if this means that Im about to be scheduled for interview or you all have the same message. 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. Is there any provision in the asylum law that mandates USCIS to conduct an interview in order to grant asylum ? Take care, Jason. If an officer told you the case had already been approved, then you wont see much except AOs notes that why he granted you asylum. 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. Im waiting for the interview since Feb 2015 in New York. Hopefully you all recovered, may I ask what crime happened ? AK, I feel your pain. Think of it as a job interview. Hello VOA . The EAD is being processed at Potomac Service center. Take care, Jason. I just recently contacted Ombudsman. I recommend to do it 2 months before your receipt expiration date, if you dont receive your EAD yet. Good luck, Jason. 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 delayed decisions are particularly frustrating these days, since the Asylum Offices are interviewing so few new cases. How may I do that ? I have a Similar story its been 6 years of waiting. Lets start with section 208 of the Act [8 U.S.C. You can try to expedite the interview. There is a new memo to ICE prosecutors it was sent to them on Friday, but I have not seen a copy, as it is not yet public (though I expect we will see it very soon). Thank you. If all goes will I will be filing for the U-visa. 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? The Right To Asylum In The USA In 2023. I want to apply for the AP as my passport is expired and it may take time to be out in my countrys embassy. Take care, Jason, Thank you Jason. 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? 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. Karine Jean-Pierre | 1.7K views, 59 likes, 3 loves, 75 comments, 8 shares, Facebook Watch Videos from RT: Press briefing by White House Press Secretary. None of these stopped you from getting a PHD. Are we seriously pretending we do not know that Politicians all over the world say anything that would help them politically ? Take care, Jason, The journey is dangerous that is just a statement of fact. 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? I used to cry by just listening to some Afg songs). After you file Form I-589, Application for Asylum and for Withholding of Removal, with USCIS, we will review your immigration records to determine next steps for processing your asylum application. With the new descriptions for court cases, I have an RFE for jan 2022 for asylum. Some of these cases have been pending decisions for months or even years. Where did you see the status change of decision pending? 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). Almost all decisions are delayed, but eventually, most people get a decision. Take care, Jason. thanks, I have had clients do it (often because the RTD is too inconvenient), and no one has had trouble. Take care, Jason, Thanks Jason for weighing in. 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 look out for their actions, and what they say without a script. And yes, confidential information was retracted such as information about those who wrote a letter or confidential USCIS procedure. It is ironic that the migration is considered illegal, but people have the right to seek asylum, which makes the migration legal. 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. Many people are being turned away based on Covid (under Title 42 of the US Code), and I do not know how a Chinese national would be treated. Congresswoman Intervened, no result. 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 ? In part, it is because there are different requirements for the two types of relief. Take care, Jason. I inquired numerous times, and I also inquire via Obbustman. The issue is that we subconsciously dont regard asylum seekers at the border- in fact we dismiss them quickly as illegals as genuine asylum seekers, and so its easy for us to trample on their rights as asylum seekers. If 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?) It is a real disgrace that EADs are processing so slowly, but maybe if you call or contact them, it could help. Do I need my countrys passport alongside my advance parole to embark on this journey? And my office was Chicago as well. 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. Plus, theyve been playing so many shinanigans. 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. 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. : I am wondering about this for a long time, given some recent events. . 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? Regardless of how much democrats criticize her for these comments, it is highly unlikely that they vote republican. I do not know what you mean by an RFE is that for the U Visa? If you do nothing, you are likely to keep waiting for some time, as USCIS has been prioritizing newly filed cases over old cases since January 2018. The best the government can do is ensure that the technology used is extremely difficult to hack/breach. I have quick question, how long usually take uscis to process Asylee Green card application now days? Congratulations to you once more. I imagine and feel what you have gone through. Could you please suggest something? Its so disappointing to see that theyre still not willing to put much political efforts into such issues. Do you think USCIS will check my asylum case when processing my GC application? Yesterday I called USCIS on the number that you provided and spoke to a USCIS agent. 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. Wait, isnt China the No.2 country in the world ? Best kind of President for asylum seekers ? Take care, Jason. The United States recognizes the right of asylum to certain aliens as specified in international refugee law. Instead, I received a letter saying that they were going to mail the. 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). I mean, is the interview component a must of the process? Why would you use the passport?). 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. Headquarters review can take timeat one point, the average wait time was more than one year. I am also an Afghan waiting for my interview for more than 6 years now. Have you tried to submit the request from DHS Obbustman? I have my mch in November? Good luck, Jason. I have known the concerning trend of FGMhttps://www.cnn.com/2017/05/11/health/female-genital-mutilation-fgm-explainer-trnd/index.htmlAnd I am pretty sure its not native-borne ideaAnother example would be some religions. Of course, not all asylum seekers at the border are genuine asylum seekers. Other casesa minorityare delayed when they are referred to the Asylum Division headquarters for review. This is also an area where I am curious about. Hi Jason, This really inspire me. If I respond to the AOC comments, this will not end, so I will reserve my comments on that. My GC application based on granted asylum has been with the USCIS for two years. But for many people, not making the journey is also very dangerous. Their actions hardly match their words. If the marriage is lawful, you should be able to sponsor your wife. Some questions: Because while discouraging* that should read. Was the money, time and effort put into it really necessary; when you jeopardize the whole system and put hundred of thousands of people into long and uncertain waits. If they do reach the US border, they can apply for asylum, but it is likely they will be detained, and they could be deported quickly depending on the case. I will also try to apply for an AB60 ID since its validity is much longer. My AB60 drivers license is valid for 5 years. Senator intervened, no result. But is there any law that prohibits USCIS from granting the case without interviewing an asylum seeker based on the documents already submitted? (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. I am glad it did; thats why I shared, knowing there are many people who are still in the same situation. 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. As a matter of fact, someone wrote somewhere that, that she said it, does not mean she will actually turn people back. 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. 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! Could an asylum seekers political leaning hurt that particular asylum seekers chance ? 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. Congratulations! I also support doing some of the cases- both defensive and affirmative cases- over video. The wait time for a decision from Arlington seems pretty slow. 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. Why all the unnecessary interviews (For Adjustment of status for Asylees)? In addition, have you ever read section 208 of the INA, the same section that makes you eligible for asylum in the U.S.? Im also in California, so Ill definitely look into AB60! 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. However, there are many issues to consider, and I do not know whether he would be eligible or get into trouble. And I am sorry the damage done by me to the asylum community at large if any. And the application is asking for documentation of past arrest. Some principals get interviews, and others do not. I think one (of several) fundamental problems is that the definition of who qualifies for asylum has expanded (based on litigation involving PSG). I believe we should look beyond that speech, plus she never said asylum seekers are illegals. For those who have already been interviewed, perhaps some of these ideas can help you push the Asylum Office to issue a decision. The decision is pending. If all else fails in your efforts to get a decision, you can try a mandamus lawsuit, as discussed above. 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. Fearless_Hurry1112 2 yr. ago You will have to file a motion to withdraw. According to the annual report of the Department of Homeland Security ( DHS ), in 2020 asylum was granted to 31,429 individuals. Jason Dzubow, Esq. @Asylum seeker I understand your concern. UK Visas and Immigration guidance for staff on circumstances in which an asylum claim should be treated as withdrawn in accordance with paragraph 333C of the Immigration Rules. 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 have a situation like this , My attorney send to uscis a letter that I want to withdraw my asylum case because I got my GC from a marriage based application, he sent a copy of my gc But no answer yet . Because I think they can go back to the fair system by now if they really consider that. My lawyer suggested doing a draft mandamus to DOJ attorneys instead of court. Please from your experience from an Advance Parole document does it include a passport number in it? 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. Hello Jason, what is the way forward based on the new ICE directive tjat says they are eligible to settle out of court. 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.