Expedite request was also rejected without request for any evidence. People who have nothing to hide have nothing to fear from any U.S govt agencyAs far as home country government is concerned. All without triggering tje 10 year bar. I am an asylee and I am preparing to apply for adjustment of status (Green Card). I think this is a verry common scenario here for people to look for other quicker avenues. Nearly 210,000 unaccompanied immigrant children were detained at the U.S.-Mexico border between fiscal years (FY) 2014 and 2017, the majority coming from El Salvador, Guatemala, and Honduras. Or you just waited and made several inquiries? Take care, Jason. Finally, it is interesting (and depressing) to note that if there are 700+ Asylum Officers, and they interview about 2,200 applicants per month, each individual officer conducts about 3 interviews per month! My online status shows that Interview is being rescheduled. The argument that immigrants are just pouring in and invading the country has been going on for at least 30 decades. A number of data points stand out, at least for me. Or I just can go to Caly freely and after let them know I live now in California? Also, you should get the I-94 that same day, and you can use that to work lawfully (see https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/63-refugees-and-asylees). Again nothing extra supplied within AOS form. why do you need attorney details??? Thats great Congratulations! I filed for asylum 6 years ago in Los Angeles. I was worried if USCIS will again put my I485 on hold or delay due to same suspicion or throw it in TRIG blackhole? application for asylum to be pending during any administrative or judicial review You should expect to receive the decision shortly. I wrote about this issue on August 28, 2018 maybe that would be of interest. I doubt that is the reason for the delay, but there is no way to know for sure. And is it easy to re enter to the U.S with the AD? Hello, You can find their email if you follow the link under Resources called Asylum Office Locator. You can actually mail the N-400 up to 90 days before the 5 year anniversary, so that is about 4 years and 9 months after the date on the GC. Ever heard of setting reasonable and conservative expectations? I granted my asylum through immigration court last April, And I went to the I-94 stamp appointment, Then I went to the social security office to replace my SS Card then Ive received with restrictions again, only for work, When I called them they said it will be change only after receiving my green card ? Did she violate the terms of her non immigrant status? The BIA rejected the governments contention that leaving the US under advance parole still effectuates the type of departure that triggers the 10 year bar if unlawfully present for at least a year. I also want to ask, has there been a good time for immigrants ? Thank you, As far as I know, it is the same and you have to wait for the letter to know the answer. I have only included cases where a decision was reached (meaning that I did not include data where the application was abandoned or withdrawn). I am a derivative asylee and getting ready to file form I-485. With these caveats out of the way, below is a chart listing each Asylum Office and the percent of cases approved during the period October 2021 to December 2021. Different offices have different rules, but most require you to submit evidence at least one week before the interview. The most obvious is that many new cases (over 10,000) are being filed each month. Once you have the appointment, I think most people get the EAD within a short time (weeks or a few months). The form asks the applicant biographic information and then asks questions about why the applicant fears of returning to their country of origin. It is too much to explain here. Jason Dzubow, Esq. I think we are kind-of average for fees, and we now charge $8500 for a court case. 4 to 5 months after my extension of stay expired, my wife applied for asylum and I am the derivative applicant, and it also falls within 1 year of arrival. frivolous. Take care, Jason. So what should I do in this case? Thanks. 2. Also, I would have the lawyer map out in writing, step-by-step, how the person will get from where they are today to a GC. It gave me literally wings. Take care, Jason. These changes could also play a role in the lower approval rates. from lowest price to highter? My current employee is ready to do employe based GC application. Did you not say that your asylum was already approved?????? This morning on Sky's Sophy Ridge on Sunday, nurses union leader Pat Cullen attacked the government over its failure to give RCN members a decent pay rise as Transport Secretary Mark Harper . In 2018, it rose to 23 percent. Initial case completions only. I would suggest highly against doing an employment-based GC. Do I need to get a travel passport in order to travel outside of the USA? Guatemala's grant rate in 2018 was 18 percent, the lowest of three countries, with Honduras at 20 percent. So to understand if I can afford it or not, Statistically, people with lawyers are more likely to win, but it is certainly possible to win asylum without a lawyer. Take care, Jason. I checked again last night, and TPS is taking 15 months now and AP is 17 months in the dump called Nebraska SC. There are some non-profits that are assisting with such cases maybe contact a local non-profit to see if they can refer you. Thank you for this post and I hope USCIS continues to post more data to give us ideas about how things going. Take care, Jason. Definitely I never hide my status (EAD renewal is under their guidance). I think the Biden Administration has a lot of repair from the prior Administration, but they also need to be moving towards more efficiency and more respect for due process of law. I have some questions. A large proportion (26%) of Vietnamese asylum applications were from UASCs. pls advise, I do not know why unless you have some other application pending maybe an I-765 for a work permit? contacted, if there are any questions as to the determination. Take care, Jason. OSCAR321 Denial Rate Tables for Prior Periods TRAC is a nonpartisan, nonprofit data research center affiliated with the Newhouse School of Public Communications and the Whitman School of Management, both at Syracuse University. I didnt see my Mom, Dad, Brothers and Sisters in past 7 years. https://www.trackitt.com/usa-discussion-forums/i485-eb/58096461/eb2-case-pending-because-of-pending-asylum/page/last_page, I have talked to 2/3 attorneys and have been told that it is possible. Just recently got update on one more approved eb-3 case. Asylum-based GCs are very slow, and so if you filed at the Texas Service Center, I think your case is probably still within the normal processing time. asylum approval rate in virginia. Id agree with OSCAR321 uscis AOS approvals on such cases are inconsistent, but chances are pretty high. I have received my biometrics after 2 months which was delayed to get my appointment after I got added to the asylum application. Lawsuit is dismissed. Many EADs including initial EADs seem to take 2 or 3 months (not 30 days, which is the time frame USCIS is trying to meet). 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the Act. Figure 2. Get it together and then get on forums, Dont Listen to this EMPLOYMENT / ASYLUM SEEKER/ VIRUS guy. Thank you for everything youre doing. Lets start with the basics. To EMPLOYMENT After that, you should get the GC, if all is well with the case. Immigration Court. Did you not say that your asylum was already approved????? Take care, Jason. I also understand that I cannot travel to my country of origin, as I essentially escaped the persecution there. Once you have asylum, you should be eligible for the unrestricted SS card. This graph shows the share of asylum seekers accepted as refugees or entitled to asylum in the total protection rate in Germany from 2005 to 2023. . Surprisingly, I managed to do this, despite the fact that I did not have any certificates confirming my depression or other documents I was called for an interview in April, and in May I received asylum in the United States. Are they going to ask to issue an SSN to her? Take care, Jason. It is also interesting to see that you won a case in NY, which has such a low approval rate. I was fine with that and they too until we reached I-485 steps. Employer pays for all expenses and fees anyways. your friend should contact such attorney. Do you have any suggestions for this matter and do you know what would be happen if the deadline is passed without USCIS responding to my lawsuit? 4 years after interview waiting for a decision on my Asylum case. I dont want people to think it is normal, it isnt. Probably its lucky situation, but, again, Im hearing that quite few other cases were approved like our one without RFE. what is the maximum the backlog wait times can reach almost 6 years now, can it reach 15 plus years if yes, I would have to think about the family. I sent my RFE since March 2022 ( medical) I havent heard back. Can you share your timeline when you file your asylum? In addition, the Asylum Division must prioritize credible and reasonable fear interviews, which are initial evaluations of asylum eligibility that occur at the border. Back in 2019, the Trump Administration ended the long-standing practice of releasing data about our nation's Asylum Offices. We also bring an extra copy with us, in case they lose the new evidence (which they often do). Thanks, Are you referring to my question? Note that people who get a GC based on asylum should have the card back dated by one year (meaning that you probably received the GC in September 2019, but it was dated 2018). Regardless, unless they start interviewing more affirmative cases, the backlog will never go away. I suppose this might be possible, but I do not do employment cases and I cannot say for sure. JDzubow(at)DzubowLaw.com, Back in 2019, the Trump Administration ended the long-standing practice of releasing data about our nations Asylum Offices. Are you dumb or something or just pretending to be dumb???? Its possible, but a bit complex. Do I need to file for a weaver of inadmissibility? It is also possible to go in person to court and listen to the audio recording (call the court to arrange this you can find their phone number if you follow the link under Resources called Immigration Court). What's more, 25 to 34-year-olds were the next most common age range at 17.2%, then 18 to 24-year-olds at 15.5%, and 35 to 44-year-olds, at 11.1%. Its been more than 7 years now I am waiting to hear anything from them. Or an asylee GC take 2+ years? Are they going to give her an EAD while my case is still pending? ASTAF, when you had your interview? (202) 328-1353 In previously-released statistics, we had information about cases denied due to the, With these caveats out of the way, below is a chart listing each Asylum Office and the percent of cases approved during the period October 2021 to December 2021. Also, it is very common for pick up decision to turn into mail out decisions and I think that tells you nothing about the decision. Thank you Oscar321 so much!!! The second most common source country was Cuba (13%), followed by Guatemala (8%), Colombia (7%), Haiti (6%), Honduras (5%), El Salvador (5%), Mexico (4%), and China (3%). I believe I need to complete the medical exam and send the report to them. I submitted form I-131 March 2021 and still havent heard back! Today morning I received an email notification stating that we sent a request for initial evidence for your Form I485. Did they say the case is pending background check? Thanks, I do not do mandamus cases, and so I am not sure. I had a client with a very stupid TRIG issue get held up for years for the GC (he had an asylum case too and that is still held up, but his family member petitioned for him). The Biden Administration has not seemed particularly eager to restore transparency, but now, a year and a half after President Biden took office, we finally have some new data from the Asylum Division. You may be right that some people who applied recently got green cards faster, but do you really think Jason should come here and tell everyone that they will receive green cards in 6 months, without adequate data to back it up, especially when he is not in charge of green card approvals? Thats great. Since I do not have any other status, is it possible I can get a gc through my employer? My major problem is the unlawful presence but Im not even sure I have it since I entered on a student visa and it doesnt accure unlawful presence. Take care, Jason, Maybe, but you will need a lawyer to evaluate the specifics of your case. A second point that stands out is the wide disparities between the various Asylum Offices. Most positive decisions at first instance granted refugee status. That goes to show you how far right the Republican Party has turned. The new report gives some indication about why cases are moving so slowly. If they are outside the processing time, you can try calling USCIS at http://www.uscis.gov or making an online inquiry you can use the link called USCIS Help under Resources. There is also a USCIS memorandum that I know lawyers used to show uscis that pending asylum status is not unlawful accrual and uscis approved the EB2 case. As far as I know sometimes uscis approves it and sometimes it doesnt, Hopefully, LILY got the name, as I need to delete attorneys names, especially when I do not know the lawyer or have permission. Thank you Take care, Jason. Of the 32,693 asylum applications, 44% of main applicants were aged 18 to 29, and a further 11% were children,. can be deemed bona fide based on the specific facts of the case and should be Maybe you can try again to expedite I did a post about that on January 29, 2020 if you are interested. How do I get to speak to a human being at uscis. Take care, Jason. Its still within the inquiry processing period, but should I worry for my EAD as I had rescheduled my interview? Either way my asylum case is strong too so I dont have any worries. 3 In general, I would not attempt to close an asylum case until you have a GC or leave the US. However, based on the online messages, I think that is not something to worry about, as I do not know that there is any difference between those two messages. Ask your employer to start your perm process. I applied mid April. Congrats!Thanks for sharing your approval. Thanks. I finally hired an attorney and filed the mandamus for $5k around 45 days ago(from the day the defendant was served) but I still have no news from USCIS or attorney general(deadline is August 8th) my attorney(their paralegal) mentioned we have to wait till deadline without any follow up form the attorney general. philadelphia morgue unclaimed bodies; encomienda system aztecs; southern chicken and dressing casserole; In terms of who is seeking asylum, the number one source country by far is Venezuela. It is time for me to file for I485. If I go through the US Mexican border and give them the name and the adress of my guarantor, can I change the place after? Some people are having their asylum cases decided by an asylum officer. Take care, Jason, Please jason we love and appreciate you but you need to update your info as anyone who applied for the i-485 in 2022 got it it in 6-7 months at max and some people got it faster so stop thinking or telling people it takes 2 years cause thats untrue and such an old info as whoever applied in 2019-2021 takes 2-2.5 years yeah but since 2022 started the USCIS gives priority to new cases and all the attorneys on their YouTube channels admitted that the GC based on asylum now takes 6 months as they see! Take care, Jason. 12. Does this more or less prove that the former pr*sident is in some way illegitimate ? 2011 enter lawfully J1 (four months) I would talk to a lawyer about the specifics before you take any action in that direction. Nearly 7,000 such cases are processed each month. Does she need to answer yes to the same question on her form i485 application? Thank you for quick your responding Only If I knew to apply for it sooner before. Your site has helped me all these years with both moral and practical advice, which in the end allowed me to pass the interview and get asylum. I have a question ,how long does an EAD take to be processed based on granted asylum at the immigration court.,After filing an I-765 form ? Dear Jason, Dear All, please did anyone who filed initial EAD between April and June receive initial EAD Approval recently? 2018 Affirmative asylum application The most recent DHS stats show that in 2018, out of 22,405 counted asylum seekers, 9,722 were minors. (I am afraid what would it mean for a person who has so much investigation and controversy around him to still be able to claim the presidencyits chilling). But they wrote in my approval notice that Citizenship application is counted from the time of approval notice date (2018) I confused and I dont know when can do it ? Is anyone getting travel paroles from the Texas office? This is a relatively new process, though, and for now, I think most people who do not get turned away go to court. In fact, there were close to 41,000 asylum cases pending with Immigration at the end of January, 2014. section 212(a)(9)(B) of the Act unless the alien is employed without authorization while Last night I decided to check the processing time for the forms I submitted 3 months ago. Thank you Oscar and Jason. Is that a positive sign? June 2023? An interesting chart (on, each individual officer conducts about 3 interviews per month, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to email a link to a friend (Opens in new window), Click to share on Reddit (Opens in new window), Asylum Office Finally Releases New-ish Statistics, Credibility Determinations Are Not Credible, Part Two, Affirmative Asylum Backlog Grows at Unprecedented Rate, USCIS Asylum Division Stakeholders Meeting, Some Reasons Why Asylum Is Denied and What You Can Do About It The Asylumist, https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/63-refugees-and-asylees, The Benefits and Burdens of Court-Appointed Lawyers, Adding a Dependent to an Existing Asylum Case. Take care, Jason. My mother lost her USRAP case because of son-in-law. Did you get it on hand? (including review in Federal court). the attorney that I spoke to told me that if I was under valid visa status when I filed for Asylum then I should be able to adjust status based on EB2. So real case. How about Matter of Arrabally and Yerrabelly? Most of these cases were filed at the Texas Service Center, which is extremely slow. application for asylum does not mean that the application was not bona fide. As one example, certain countries have low asylum grant rates. , @tina As we already know, many applicants have been waiting for five, six, seven or more years for their interview. So we are talking about half a million cases, perhaps for 1 million people, all in the backlog? You have to email the asylum office for info about that you can find their email if you follow the link under Resources called Asylum Office Locator. In addition, the Asylum Division must prioritize credible and reasonable fear interviews, which are initial evaluations of asylum eligibility that occur at the border. Last year, during asylum interview, attorney told me his decision that i can work and stay in US. @employment lmao what are you smoking dude?! So 3 month ago, it showed that TPS was taking 12 months to process. If you have the receipts, the cases should be processing. Decision Was Mailed Or stated a different way, asylum seekers success rate has climbed five percentage points and is now at 49 percent, up from 44 percent at the end of the Obama administration. I am about to receive a green card and I have a question. an authorized period of stay and does not accrue unlawful presence for purposes of Take care, Jason. I have a question about citizenship When I applied I was single and now I am married, can I add my wife to my application on the interview day? Take care, Jason. Good luck, Jason, Great, Judge. No waiver needed unless you violated the immigration status in prior visits to USA. and can they reject my request? Hello All the best, That has not been my experience for asylees at the TSC, and the processing time at TSC is still listed as 44 months. From lowest to highest price please, I need to understand if I can afford it or cant, I heard its impossible to win a court for getting asylum without a lawer/attorney(dont know how to call it right in this case). My situation is similar to your friend. Anyways I dont even visit this forum as much I used to. It did not requere from me to disclosure any details from my asylum case, except key dates: arriving, i-589 filling, past employments. Judge-by-Judge Asylum Decisions in Immigration Courts. In fiscal year (FY) 2016, the most recent year for which data are available, 20,455 individuals were granted asylum, which is about 28 percent out of the 73,081 cases. They said its a normal processing time and Im wondering if the cases are even moving:( husband had his from another office within 70 days! Or anyway all people who ask for asylum firstly should get an interview witn the asylum officer? i live in virginia. MY employer filed for my EB2 last year, They are close to filing for my I-140 petition in the next 2/3 months. While we do not know for certain what happened in these cases, the fact that nearly one third of all completions ended in Administrative Closure makes me think that many people have given up due to the interminable waits. So it is possible that without the background checks of the Asylum case being completed, they issue a green card with a family petition??? Is that true ? You yes since you had 4-5 months out of status. There was a time I had some respect for JASON but not anymore since he has let this forum devolve into conspiracy and spy theories now. Also I have seen some people go to 3rd country embassy after getting advanced parole and then coming back to usa on EB2/EB3 but I wont take such chance since I am confident in my asylum case. I filed asylum in 2015. One final issue that I want to discuss is delay. I still tend to think the Obama years werent so bad for Asylum seekers. In terms of the marriage, there is a process for adding your spouse to the case and you can start that once you are married. I told the company attorneys that I will let my personal immigration attorney file I-485 when the time comes and the company told me they will reimburse me for my personal attorney fees. No waiver, GC approved. I wrote about this on July 7, 2016. it is at National Visa Center (NVC) stage and submitted all the required documents to NVC and the NVC is processing the documents. USCIS charged me for material support based on mere officers suspicion, denied and referred me to EOIR. Since then, my case is waiting for a interview. Applicants living in Los Angeles and New York should know that while these Asylum Offices have the highest approval rates in the country, they also experienced a surge in the number of applications they are receiving. I quit from that company. Take care, Jason. According to the statistics, it looks like the New Orleans office has the best approval rate, do the approval rate depend on which office process your case? Nevertheless, you have to pay the fee. For the approval rates, I provided a link above about why that is not very reliable, but rates do vary by office. In fact, you may not be able to close the case without being referred to court, depending on your status. USCIS New York Asylum Director Patricia Menges She Used to Good . I do hope to write something about it if I have time. Which attorney did you hire for law suit ? However, I agree that this is ridiculous, especially given how much these all cost. The Biden administration's denial rate during the last three months (July-September 2021) is a full 5 percentage points lower, at 51 percent. Also, of course, if you visit the home country, that is usually a major issue for an asylum case. For example my employer paid the companys law firm 25000$ to do the PERM + I-140 + I-485. It doesnt make a lot of sense to me. May I ask, if u refuse the corporate attorney and want to find an outside counsel, are you still able to proceed with your case ? It is very likely that you will not need to do biometrics, and they will re-use what you already did. Administrative closures are not reported due to the low volumes precluding reporting for most countries. I do think a background check is needed for a GC, though maybe it is less than the check for asylum. >May I ask, if u refuse the corporate attorney and want to find an outside counsel, are you still able to proceed with your case ? Do not trigger the 10 year bar. In EOIR, judge approved my case and the government attorney concurred with IJ and accepted her decision as final in IH. I have no objection to that. I have been waiting since then. My sense is that this path is going to be difficult given the overstay and also (potentially) a two-year home residency requirement for the J-1 visa, but those are issues to discuss with the lawyer. DHS has interpreted the phrase bona fide asylum application to mean a properly filed I was scheduled interview in 2020, but I wasnt able to go for the interview as I had covid at that time. For sure, to support your case you could supply extra information, why you are eligible for AOS. Based on the new data we have, it seems that many people are either giving up and leaving the United States or finding alternative paths for relief. I agree with that. 2 I made several inquiries and we waited for several years; nothing more. In most (but not all) of my cases, once USCIS requests the I-693 and it is submitted, the person gets a decision in a few weeks or a month or two. Mind you, the data is only current as of December 31, 2021, but we are told more information will be released soon. Also, the Trump Administration modified laws and regulations, shifted the focus to fraud, and (seemingly) hired officer who were more skeptical of asylum applicants.
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