But what if I decide to meet my kids in another country apart from my home country where I faced problems.would that bring any suspicions on my case? Decision Was Mailed Is that correct? Probably the most interesting piece of data for most people are asylum grant rates at each individual office. I have only included cases where a decision was reached (meaning that I did not include data where the application was abandoned or withdrawn). There is more we could glean from this data, but thats enough for now. A student visa can accrue unlawful presence, but only once USCIS or some other government agency determines that the student status ended. Is that true ? However, I agree that this is ridiculous, especially given how much these all cost. Good luck, Hopefully, for that money, the lawyer evaluated the case beforehand and has determined that there is a path to the GC, but I agree that in this case, there is no harm in trying. Take care, Jason. Take care, Jason. 3. Over the past three or four years, Ive tried to speed up the process more than ten times a few letters sent by the congressmans office, a few letters written by my lawyers, but mostly I tried to break through this wall myself. I went to the asylum office and submitted my biometrics, asked why? I am sure the U.S is as safe a country as any and your whole conspiracy theories are just B.S at best. The asylum denial rate in the New York City immigration court rose from 15 percent in fiscal year 2016, the last full year of the Obama administration, to 44 percent in fiscal year 2019, which . I submitted my initial work permit late May and its been pending since then. 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). Take care, Jason. We came here with valid US visas, thinking we would be safe but right now it appears that being killed, or detained without trial in my home country is a better alternative than dying of hunger in the Land of the Free. It is so so frustrating. In fact, there were close to 41,000 asylum cases pending with Immigration at the end of January, 2014. You should try it since several people have already done it successfully. I do not know what communication happened between the attorney and the government, but typically, if a defendant does not respond on time to a lawsuit, the plaintiff can move for a default judgment. 1 If you already had a first EAD, delaying the interview would have no effect. Thank you, I think that advice is wrong. I am not Jason, but I think you should back your claim up with facts from USCIS instead of quoting attorneys from YouTube. 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. 1 The background check is a mystery to me, and the only thing I can say (which was once told to me by a former Asylum Division Director) is that different agencies have different background checks. I quit from that company. 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 also raises questions about how the asylum system is workingor not working. Also her passport is expired so shell need to renew it but I see no way around this. My sense is that the NBC is not much better, but I am not sure. And what evidence to provide? Withing 6-7 months, I have applied for asylum. Do I need to get a travel passport in order to travel outside of the USA? In terms of who is seeking asylum, the number one source country by far is Venezuela. 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. Thanks. Did she violate the terms of her non immigrant status? 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. Sam, I had not heard about it before now, but it does not seem to be going anywhere fast, at least according to a quick Google search. Also If you go to the end of this thread some people mention that their EB2 cases were approved by uscis while having pending asylum status and overstaying their visa. Take care, Jason. Whether that would work in a case against the government, I do not know. I think you will need to find an immigration lawyer to help. The study found that one in five immigration judges had a denial rate of over 90% involving asylum cases. 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 ? Its still within the inquiry processing period, but should I worry for my EAD as I had rescheduled my interview? 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. They do not include individuals who were approved for follow-to-join asylum status while residing in the United States or abroad. I wrote about this on July 7, 2016. The application for asylum of Form I-589, Application for Asylum and Withholding of Removal is available online at www.uscis.gov. I filed for asylum 6 years ago in Los Angeles. I was under valid B1/B2 status when I filed for asylum in 2016 so seems promising for me. Asylum Division within the Refugee, Asylum, and International Operations Directorate at Take care, Jason, Hi everyone A second point that stands out is the wide disparities between the various Asylum Offices. You have to use your passport to travel, and this could potentially have a negative effect on your asylum case. A number of data points stand out, at least for me. In the cover letter, you can explain what happened. Nearly 7,000 such cases are processed each month. June 2023? www.DzubowLaw.com 39.63. For comparison, Ive also listed the approval rate for these offices for cases filed between April and September 2015 (offices marked n/a did not exist in 2015). Thank you. I am in a valid F-1 status. In 2018, it rose to 23 percent. Either way my asylum case is strong too so I dont have any worries. Since I didnt submit the Medical Examination (I-693) at the time I applied for the GC (I-485), I believe they will ask for the medical exam in this request of evidence, is that correct? your friend could possibly adjust status based on section 245(k) of the Immigration and Nationality Act, Several people that I know of have done so successfully recently. Also, the Trump Administration modified laws and regulations, shifted the focus to fraud, and (seemingly) hired officer who were more skeptical of asylum applicants. So it is possible that without the background checks of the Asylum case being completed, they issue a green card with a family petition??? Or you just waited and made several inquiries? Dear Jason, Dear All, please did anyone who filed initial EAD between April and June receive initial EAD Approval recently? 1. I hope to hear more good news from the asylum seekers especially in this forum that habe been with us during this tough season of life. I hope that justice will prevail and the immigration offices will start calling for interviews people who applied five or more years ago. I sent my RFE since March 2022 ( medical) I havent heard back. an authorized period of stay and does not accrue unlawful presence for purposes of Of the 32,693 asylum applications, 44% of main applicants were aged 18 to 29, and a further 11% were children,. I do think that can be a problem, and if you have had a lawyer look at it and advise you, that may be the final answer, unless you want to try overseas processing I wrote about that on September 6, 2018. Of course, this is nothing new, and in fact, the spread between the best and worst Asylum Offices has narrowed a bit since 2015. Take care, Jason. Are you kidding me? And, like earlier I asked about Cl*rence Th*mas, do you think the Jan 6 thing will bring him down and thwart his 3rd attempt at the presidency or not so much ? Are they going to ask to issue an SSN to her? I have no words. If they are not happy with you, they might inform ICE or your country of origin about your situationAsylum seekers should not trust others that easily. In any event, you need to attend; otherwise, the application may be deemed abandoned or it could affect your ability to get a work permit. I approved sep2018 and I got my green card I do think a background check is needed for a GC, though maybe it is less than the check for asylum. Hello, When do you think i will be getting my green card. Thank you 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 ? I think that is wrong we have clients get the unrestricted card once they win their asylum case. We will see what happens. I have only included cases where a decision was reached (meaning that I did not include data where the application was abandoned or withdrawn). When I mention B2 visa I was referring to B1B2 visitors visa. Its used to bring out voters to the polls and keep power. Got my asylum decision online today, it says: Weve got approval without RFE. (i) Principal Applicant. 1. I didnt mention that as It was confusing for me. take 1+ years? Does it have any negative effect as an asylee on my form i485? 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. (202) 328-1353 I want to hire a lawyer for writ of mandamus too, I really appreciate if you could inform me. Thank you Oscar and Jason. 12. In. It did not requere from me to disclosure any details from my asylum case, except key dates: arriving, i-589 filling, past employments. Take care, Jason. why do you need the attorneys details. In some ways, things are worse now than under Trump, at least from my perspective cases are randomly advance and randomly cancelled. I tried to expedite since I have work permit different category that will be expiring soon in which I will lose my employment and received a reply that they wont accommodate my request! I Sued the USCIS almost 4 months ago. What if I file the for EB-3 while on pending asylum and then after some time request AP based on the pending green card application? Different offices have different rules, but most require you to submit evidence at least one week before the interview. Overstay Can you please be a little more specific about this situation? Keep your bogus propaganda to yourself. The problem is that USCIS is a disaster zone and it is very hard to predict anything with them. Also, you should probably talk to a lawyer if you have any concerns that these arrests make you ineligible for citizenship or might make you deportable. You should expect to receive the decision shortly. In previously-released statistics, we had information about cases denied due to the one-year filing deadline and so we could factor those cases out when calculating the overall asylum grant rate. To EMPLOYMENT I also want to ask, has there been a good time for immigrants ? 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. STFU, you are a virus on this forum just like covid we will never get rid of you. I checked again last night, and TPS is taking 15 months now and AP is 17 months in the dump called Nebraska SC. I wrote about this issue on August 28, 2018 maybe that would be of interest. I was fine with that and they too until we reached I-485 steps. Its disappointing to hear that you submitted one month earlier than me and you still havent gotten your work document yet. Context: In 2022, the overall recognition rate fluctuated from 37 % to 45 %, at the same time EU+ asylum authorities issued 633 000 decisions at first instance that granted international protection to 253 000 persons including 102 000 Syrians (with a recognition rate of 94 %), 46 000 Afghans (54 %) and more than 9 400 Turks (38 %) and Somalis (59 %). The system is a disaster and it is taking a long time for USCIS to return to where it was pre-Trump (which wasnt all that great). I have seen a few people on this forum who have successfully adjusted status on EB2/EB3 without leaving USA. Thank you very much again for your kind and expert generous advice. 2 Most people who ask for asylum at the border end up in Immigration Court, assuming that they do not get rejected and turned away immediately. Go to conselar and get a GC approval. Only things strictly needed for perm/i-140/i485. Approved asylum seekers South Korea 2009-2021; Its possible, but a bit complex. Hopefully they will beat the processing times, as we do see that in many cases. Do I need to do the same biometrics when applying for adjustment of status? It seems that there are two major problems here, overstay and a gap of status as well as employment during the years which is greater than 180 days and employment based this is the max number of days you can have. Thank you for quick your responding Did you ever bring up the Asylum case when talking about the family petition GC? Because you will have to share a lot of person and private information to third parties. Did they say the case is pending background check? 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 thought background checks are processed at the same place and GC application cannot override Asylum when the applicant has completed their interview. Either your EB2/EB3 will get approved or rejected. Thank you for everything youre doing. 1 Once a person is in the US, they can move to a new location.If you have a court case or an asylum office case, you have to inform the court or asylum office about your new address. Take care, Jason, But my work permit expire in two months and I havent applied for renewal since asylee dont need work permit, since I already have unrestricted social security number, i work for state job and even during my hiring process all they asked my SS# and i-94 ! (including review in Federal court). Similarly, the abandonment of an You are the one seeking a immigration benefit, you should be the one to choose your own attorney and frankly, the one to share your information with. For more information, to subscribe, or to donate, contact trac@syr.edu or call 315-443-3563. 2 I made several inquiries and we waited for several years; nothing more. Thank you for the comfort you bring in all these years, my asylum was terminated at the court due to PD. Nevertheless, you have to pay the fee. It is possible as mentioned by several other people on this forum. That makes up for 43.4% of all refugee arrivals. Lawsuit is dismissed. Some attorneys specifically handle such cases and have done such cases successfully. One judge in Houston had a 100% denial rate for 106 asylum cases heard during the six years. Denial Rate. I am also hoping that they make the RTD valid for 10 years, which would make a lot more sense than 1 year, which creates all sorts of problems. 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. As long as you explain as best you can (and be truthful), you should be fine. Anyways I dont even visit this forum as much I used to. I believe I need to complete the medical exam and send the report to them. Expedite request was also rejected without request for any evidence. I have an approved I-140 EB-2 and I am thinking whether it is a good idea to close my Asylum application before filing I-485 based on approved EB-2 to avoid falling into the similar blackhole of my Asylum case. The only real issue here is whether USCIS thinks you are trying to hide something, and as long as you provide an explanation, they will not think that. 3 In general, I would not attempt to close an asylum case until you have a GC or leave the US. I suppose you can keep trying to expedite I wrote more about that on January 29, 2020 and maybe that would help. I think USCIS takes a look at your asylum case and determines there was no frivolous filing and approves employment based AOS on a case by case basis. I doubt that is the reason for the delay, but there is no way to know for sure. Jason Dzubow, Esq. In addition, the Asylum Division must prioritize credible and reasonable fear interviews, which are initial evaluations of asylum eligibility that occur at the border. I have now received a notice for biometrics appointment again after my Bio were taken only 2 months ago, and this time the location is at the Asylum office not at the biometrics center. Is it possible to get the recording/notes from EOIR hearing similar to FOIA to USCIS? Thank you for your response Jason. 2. In any event, it is a long wait and it does not hurt to inquire. My case has been pending for 5 years now for a interview. The form asks the applicant biographic information and then asks questions about why the applicant fears of returning to their country of origin. Thank you for continuing support to asylum community, We have been seeing asylum-based GCs take about 2 years, though most of our cases are at the TSC. And also, the fact that, to do an EB green card, you have to share your information to a corporate attorney, who is not sought after by you, is a problem. Thank you. Get it together and then get on forums, Dont Listen to this EMPLOYMENT / ASYLUM SEEKER/ VIRUS guy. Thanks. As we already know, many applicants have been waiting for five, six, seven or more years for their interview. I didnt see my Mom, Dad, Brothers and Sisters in past 7 years. I am a US citizen, i filed petition for my immediate relative outside the USA and the I-130 has been approved. Lets start with the basics. The EOIR data show that the overall grant and denial rates for all asylum cases closed in FY 2020 including affirmative and defensive asylum applications were 19.12% and 54.55% . 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. Take care, Jason. Please help on how to reach to someone , Maybe say that you want an Info Pass appointment. Sometimes, that can get you to a person. Hello Jason, The most recent DHS stats show that in 2018, out of 22,405 counted asylum seekers, 9,722 were minors. That is correct 5 years (minus 90 days) after the date listed on the GC. I submitted form I-131 March 2021 and still havent heard back! 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. Are you stalking my immigration activities? As one example, certain countries have low asylum grant rates. It has been 7 months that I am waiting for the decision. Her case was denied, and was told your case is considered closed and USCIS will take no further action. Is this act pass by the congress? 2. Hi Jason If you use your home country passport it might I wrote about that on May 25, 2022. I have cautioned before about the value of this data, since many factors affect a particular offices grant rate. EAD renewals are slow, and there is an automatic 540-day extension to the old card if you filed to renew before it expired (I wrote about that on May 25, 2022). 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). I am an asylum derivative, who got added at the time of the interview with the main applicant. During the last quarter of 2021, a full 24% of all new asylum cases were filed by Venezuelans. Take care, Jason. 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 ? There is nothing to be done about this, as that is the rule. I have been waiting since then. Whether you can get a transcript if you do not appeal, I do not know, as I have never tried that, but if you call the court, they should be able to tell you. asylum approval rate in virginia. Thank you. Take care, Jason. 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? The most obvious is that many new cases (over 10,000) are being filed each month. I have a question about citizenship For example my employer paid the companys law firm 25000$ to do the PERM + I-140 + I-485. I agree with that. Also my wife who is now an asylee filled her asylum before her B2 extension of stay expired. Has there been a good time for immigration? Also, other people who comment here state that these cases are moving more quickly, but that has not (yet) been my experience. I will definitely try this out. pls advise, I do not know why unless you have some other application pending maybe an I-765 for a work permit? Do I need to file for a weaver of inadmissibility? >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 ? The Biden administration's denial rate during the last three months (July-September 2021) is a full 5 percentage points lower, at 51 percent. FUTURE Thanks a lot, Jason! Fortunately, on appeal, the BIA did not agree with USCIS or the immigration judge. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason. In doing so, the BIA reasoned travel under a grant of advance parole is different than a regular departure since the individual is given an assurance he or she will generally be allowed back in the US and permitted to seek the benefit of a previously filed and pending adjustment of status application. 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. 6 . If the plaintiff lives in MD, the Asylum case is pending with Arlington VA, then in which US District Court Court should she file Mandamus, do you have any idea if the plaintiff has the option of either MD, VA, or DC, which one is going to be better. Everyday I check my status multiple times and the answer is My next step is interview but I dont know WHEN..!!! That equals out to 14.28 percent of all such cases completed by IJs last fiscal year. Nearly 7,000 such cases are processed each month. Data in this report may differ slightly from fscal year-end 2019 numbers Take care, Jason. Take care, Jason, Good morning sir! My interview was scheduled few weeks after suing. Did I accrue unlawful presence? 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. Thanks. This is not Jasons area of expertise. My GC has been pending for 3 year now almost 4. Asylum Alert: Effective Nov. 15, 2022, affirmative asylum applicants may now file an online Form I-589, Application for Asylum and for Withholding of Removal. Hi Jason; hope all is well. Despite the partial court shutdown during the COVID-19 pandemic, this year immigration judges managed to decide the second highest number of asylum decisions in the last two decades. In France, it's 42.84, and in Germany 65.63. I think this is a verry common scenario here for people to look for other quicker avenues. You can try to expedite I wrote about that on March 23, 2022. USCIS HQ can provide guidance regarding whether a filing of an asylum application Had pending asylum many years. (202) 328-1353 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. . All you do is to spread misinformation and deception on this forum. 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. It is not a good idea to submit a piece of evidence now, and another piece later, as that will almost certainly get lost. My online status shows that Interview is being rescheduled. from lowest price to highter? Hi Jason , Have you received it yet? 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. People who have nothing to hide have nothing to fear from any U.S govt agencyAs far as home country government is concerned. Anyways lost time can not be obtained. If not, do I have to pay the $85 biometrics fee? Please contact an attorney who has already done such cases successfully in the past. you have nothing to loose in this. I am a derivative asylee and getting ready to file form I-485. Once you have the appointment, I think most people get the EAD within a short time (weeks or a few months). I would like to share this topic also addressing or trying to provide some recominidation to reduce the backlog I would like to post about this report in the future when you have some free time to go through it, https://www.dhs.gov/sites/default/files/2022-07/2022%20CIS%20Ombudsman%20Report_verified_medium_0.pdf, Thank you it is a very interesting report and contains a lot of good ideas. Mind you, the data is only current as of December 31, 2021, but we are told more information will be released soon. Ugh. Take care, Jason. EXECUTIVEOFFICE FORIMMIGRATIONREVIEW ADJUDICATIONSTATISTICS FY 2023 First Quarter Asylum Grant Rates by Court 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ADELANTO, LAKE CALIFORNIA ELIZABETH Consolidation of Guidance Concerning Unlawful Presence for Purposes of Sections 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. It seems we have less notice of upcoming cases and so we often do not have time to prepare. I guess it is possible that sometimes a preliminary decision would exist that you might get, but I suspect that would be very rare. 2023 Employer files for EB-3. TPS is only valid for 18 months if its not extended later. EU+ asylum authorities issued about 535 000 first instance decisions in 2021, roughly in line with pre-pandemic levels. Perhaps headquarters should investigate why this office is such an outlier, and then take corrective action if needed. Who can assist her for file separation. Probably its lucky situation, but, again, Im hearing that quite few other cases were approved like our one without RFE. ( evecauee).
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