Did you ever bring up the Asylum case when talking about the family petition GC? EMPLOYMENT But USCIS is inconsistent in their decisions because some people had their AOS based on EB2/EB3 rejected while others had it approved. 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 ? 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. Also, Trump-era changes to the c-8 EAD process have still not all been rescinded and my guess is that is contributing to the delay. Back in 2019, the Trump Administration ended the long-standing practice of releasing data about our nation's Asylum Offices. can be deemed bona fide based on the specific facts of the case and should be What are the chances of getting green card in my case in the future. This EAD is first renewal after the reschedule. 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. I was under valid B1/B2 status when I filed for asylum in 2016 so seems promising for me. We will see what happens. 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. 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. Take care, Jason. 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. 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. I think we are kind-of average for fees, and we now charge $8500 for a court case. I submitted service request and contacted the e-mail USCIS has on their website but no action has been taken so far. Hello Jason The amount that people seeking asylum get per week to subsist on in the UK. Take care, Jason. I wrote about this issue on August 28, 2018 maybe that would be of interest. Again nothing extra supplied within AOS form. (i) Principal Applicant. I have seen examples where the lawyer does steps 1, 2 and 3, but knows that the person cannot complete the final steps and get a GC (meanwhile, the lawyer makes money), and so if you get this in writing, it will help protect you and also help ensure that you understand what to expect from the process and where any pitfalls lie). I Sued the USCIS almost 4 months ago. I have been waiting since then. The approval rate of asylum cases by judge Marks is high. I am not Jason, but I think you should back your claim up with facts from USCIS instead of quoting attorneys from YouTube. Anyways I dont even visit this forum as much I used to. Take care, Jason. Unfortunately, there is no maximum. A number of data points stand out, at least for me. I want to hire a lawyer for writ of mandamus too, I really appreciate if you could inform me. Overstay That is the lowest grant rate for removal cases that started with a credible fear claim since FY 2017, when it hovered around 14 percent. 3 In general, I would not attempt to close an asylum case until you have a GC or leave the US. It has been 7 months that I am waiting for the decision. I am thinking about going to a third country, eg Turkey where I will meet my parents. So, long story shorts. My only regret is that I did not apply for it earlier but even now I am confident my EB2 would get approved sooner. 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. 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. My case has been pending for 5 years now for a interview. Either way it wont hurt you in any way. Also, the Trump Administration modified laws and regulations, shifted the focus to fraud, and (seemingly) hired officer who were more skeptical of asylum applicants. Take care, Jason. We have been seeing initial c-8 EADs take maybe 2 or 3 months (they are supposed to take 30 days). Take care, Jason, Hi Jason, Did you do anything to make USCIS get a decision on the GC? Take care, Jason. If someone applies for a green card based on asylum, how long does it take to get the green card? It seems to me that something is not right in the Big Apple. Got my asylum decision online today, it says: The only asylum seekers who I heard that got GC through other means were waiting interviews and their Asylum case had not been processed. If it is in writing, it will be easier to understand and will help ensure that the lawyer is on the up and up. Take care, Jason. Take care, Jason. Only If I knew to apply for it sooner before. Take care, Jason. A denial of an asylum claim is not determinative of whether the claim was bona fide for Thanks, Adults (under age 79) need to pay the I-485 fee + the biometrics fee (for a total of $1225). Consolidation of Guidance Concerning Unlawful Presence for Purposes of Sections Is the Jumpstart Act will helpful for the people who are planning to apply for Asylum based Green Card? I filed for asylum 6 years ago in Los Angeles. Anyways lost time can not be obtained. Fortunately, on appeal, the BIA did not agree with USCIS or the immigration judge. No waiver, GC approved. If I go through the US Mexican border then I dont have an interview with the asylum officer, it will be only court, right? In FY 2021, IJs granted asylum to 2,417 aliens in removal cases that originated with a credible fear claim. Administrative closures are not reported due to the low volumes precluding reporting for most countries. My wife had almost 1 year out of status. A student visa can accrue unlawful presence, but only once USCIS or some other government agency determines that the student status ended. Maybe we can revisit these numbers once the Asylum Division releases more up-to-date statistics, and hopefully, we will get some better news next time. Which can be easily used against you. Are USCIS and ICE not part of same DHS agency and do they not have the same information about you????? You should expect to receive the decision shortly. Are you kidding me? As I discuss in the article, it is possible that using the passport will create immigration problems for you, and so I recommend using the RTD if possible. Thank you, I think that advice is wrong. Also you can ask your employer to do PERM + I 140 petition and ask your personal immigration attorney to file for adjustment of status without revealing any information to employer. I wonder if the approval rate that is reported is not accurate or if something is skewing the data in that office. May i know if i am required to update my new address to uscis since they already approved the i-130 petition and it is at NVC step. 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%). You can contact the asylum office to ask about your case I wrote about that on March 30, 2022. Are you stalking my immigration activities? we both are from Afghanistan. Take care, Jason. I wish everyone not to despair. 3. 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. Data generated on January 16, 2023. For the approval rates, I provided a link above about why that is not very reliable, but rates do vary by office. Or an asylee GC take 2+ years? Nearly 7,000 such cases are processed each month. I am essentially drowning here. https://www.uscis.gov/sites/default/files/document/memos/revision_redesign_AFM.PDF, (B) Aliens with Pending Asylum Applications (Including Children Aging Out and Let me know what you mean. Very sad , It is a disaster, but they would probably argue that I am being unfair, since they have other tasks, like the credible fear interviews. Once you have the appointment, I think most people get the EAD within a short time (weeks or a few months). Dzubow & Pilcher, PLLC Weve got approval without RFE. Your help will be really appreciated . Could you share a contact email so you can share these attorneys info so I can talk to them? I am doing the same. Approval rates varied by immigration court from about 10 percent to 80 percent. (including review in Federal court). Thank you. I got my GC recently via EB. You yes since you had 4-5 months out of status. Also, it very much depends on the specifics of the case and so the person should consult a lawyer to determine the best path forward. The new report gives some indication about why cases are moving so slowly. 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. Thank you. My GC has been pending for 3 year now almost 4. I think it has to be in VA (where the office is located) or DC (where the HQ is located), but you would need to talk to a lawyer who does such cases to be certain. We gather the evidence and submit it all at once about a week before the interview (in other words, after the interview is scheduled). My recommendation is to pursue GC via EB ! This is a relatively new process, though, and for now, I think most people who do not get turned away go to court. to send them to the asylum office or to keep them and bring them for the interview. The 2016 Yearbook of Immigration Statistics is a compendium of tables that provide data on foreign nationals who are granted lawful permanent residence (i.e., immigrants who receive a "green card"), admitted as temporary nonimmigrants, granted asylum or refugee status, or are naturalized. Good luck, Jason, Great, Since soon in asylum world tends to mean not any time soon, Ive decided to write about the information we have now, rather than wait for a second data dump, which may or may not be released in the near future. 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. Denial Rate. JDzubow(at)DzubowLaw.com. Hi Jason 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. 2. I have applied for I-485 based on an approved asylum. Thank you for everything youre doing. 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% . 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 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. I do not remember, but it was just a standard response of some kind. Do I need to do the same biometrics when applying for adjustment of status? 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. Please help me by providing a brief explanation of what will happen moving forward. SAS Output. We have not had any Afghan cases referred to court in some time, but that is always a possibility if there is a credibility issue or other problem. Initial case completions only. You are lucky that thisconditional proceeding (you agreed to the corporates decision to retain the attorney, for you, and volunteered your information, and then as an exchange, they processed your case) didnt turn out badly. I have been told by a few attornies that as long as your visa status was valid when you filed for asylum and your asylum application was not frivolous, USCIS should approve/accept Employee based EB2/EB3 adjustment of status and I have seen some people successfully do it recently who have shared their success stories on this forum. How usually much does it cost to hire an attorney for your asylum case? your attorney signs i-485 and handles case, corporate attorney is no longer in charge. Did she violate the terms of her non immigrant status? I still tend to think that a good case will win most of the time, even if the office has a low approval rate. @oscar321 totally agree with you. If you appeal, they send you a copy of the transcript. Hi Jason, may I ask what did USCIS tell you when you inquired about the case that was being held up for TRIG issue? You mean I have to wait till 2026??? But in Bavaria's Zirndorf and Schweinfurt centers, it was 20 percentage points lower. I have talked to 2/3 such attorneys who have told me it is possible. OSCAR321 Take care, Jason. 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. please search on google 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. It is usually best not to ask why in immigration world, since all sorts of dumb things happen all the time. interesting post, as usual, thank you. Dzubow & Pilcher, PLLC You losing it. They should send you instructions about how to add her. my application went to NBC and NBC will process i already attempted many expedited but nothing worked. 2018 Affirmative asylum application @tina Everyday I check my status multiple times and the answer is My next step is interview but I dont know WHEN..!!! I have received my biometrics after 2 months which was delayed to get my appointment after I got added to the asylum application. Hi, may I ask please you couple questions please. Take care, Jason. Unfortunately, I do think it is possible that the TRIG issue will appear again and cause delay. Also her passport is expired so shell need to renew it but I see no way around this. 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. Since then, my case is waiting for a interview. Did you get it on hand? I approved sep2018 and I got my green card 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? These changes could also play a role in the lower approval rates. DHS has interpreted the phrase bona fide asylum application to mean a properly filed 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? They do not include individuals who were approved for follow-to-join asylum status while residing in the United States or abroad. 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. Whether our inquiry helped or not, I do not know, but the person did finally get a GC (based on a family petition; his asylum case was never completed). www.DzubowLaw.com Take care, Jason. Does this mean these people actually prefer to return to a Tr*mp administration ? I do hope to write something about it if I have time. GC applications are often taking 2 years, and so if you expect to get the GC soon, then maybe you can live without the EAD until then, especially since EAD renewals are quite slow as well (though if you file to renew before the EAD expires and get the receipt, your old EAD would be extended for 540 days). Figure 3 also shows the grant rate for the top 10 nationalities applying for asylum, half of which have a grant rate above 80% (Iran 89%, Eritrea 97%, Syria 99%, Afghanistan 81%, and Sudan. So 3 month ago, it showed that TPS was taking 12 months to process. Judge-by-Judge Asylum Decisions in Immigration Courts. Not sure he accepted that, but my due was to make him better in his job, LOL. When I applied I was single and now I am married, can I add my wife to my application on the interview day? I didnt see my Mom, Dad, Brothers and Sisters in past 7 years. Im working to fill Form N-400 to become a US citizen and of the question is **Have you ever been arrested, cited, or detained by any law enforcement officer for any reason? I am working with pending asylum ead. If not, do I have to pay the $85 biometrics fee? Thank you so much Jason for your help. Take care, Jason, HISTORY As I remember you applied for your GC few months ago right? I submitted an expediate request today and they said they will reach back to me in 7 days. Take care, Jason. Thank you very much again for your kind and expert generous advice. application for asylum to be pending during any administrative or judicial review 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the Act. ? Last year, during asylum interview, attorney told me his decision that i can work and stay in US. 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. Just put the last name so moderator wont delete it, Dear Jason, One final issue that I want to discuss is delay. For example my guarantor lives in Texas not the best states to get your asylum approved but I want to go to California, if I can what should I do? I entered to US at 2016 with a tourist visa. Take care, Jason. frivolous. But again, this is not confidential information. Or I just can go to Caly freely and after let them know I live now in California? The source countries for asylum seekers has shifted over time, and so perhaps asylum seekers from the predominant countries have a more difficult time winning than the people from 2015. Does winning my case and acceptance by government attorney during IH remove such baseless allegations and not delay my case any further? 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. Even If USCIS rejects AOS based on EB2, I have nothing to loose, I am already waiting for 7 years for an asylum interview and I am confident in my asylum case as well so either way there is no harm in applying for it. So it is possible that without the background checks of the Asylum case being completed, they issue a green card with a family petition??? Since when the USCIS publish data like that? 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. Take care, Jason. Do you have any advice because someone said with the FOAI you are able to determine if youve been approved after interview! But no, the US is one of the toughest countries to gain permanent residency and citizenship among developed nations. Did I accrue unlawful presence? I believe I need to complete the medical exam and send the report to them. But recently send him explanation letter, how dump is he. FUTURE Ive been waiting for my asylum interview since June 2015 in Los Angeles.After your good news, Im going to expedite my case for the second time this year. The AP process is slow, expensive, and a bit arbitrary, but once you have AP, you can use it to re-enter the US. Hope you are doing well , as pending Asylum applicant , I applied for TPS last year when they re-opened it but till date I got reply for my kids only ( the tps is for 18 months only ending by next September ). 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 ? 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. I want to ask some questions about the Jan 6 thing. I applied for my EAD extention last year, but no update as of now. May i know if the USCIS law permits my mothers RSC Case number to be given to her son-in-law and share one case number with my mother.? Decision Was Mailed 2 I would email them and ask to reschedule rescheduled interviews are supposed to be their first priority. I have some questions. 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. Do not trigger the 10 year bar. There are some non-profits that are assisting with such cases maybe contact a local non-profit to see if they can refer 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 am in a valid F-1 status. I have no words. Regards, You can check processing times at http://www.uscis.gov, but most of my cases take 2 or 2.5 years. Please advice.. Take care, Jason. 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. 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. AOS as an asylee. Why does a c-8 EAD renewal (renewal!) Most of these arriving unaccompanied minors do not meet the stringent requirements for receiving asylum in the United States. I also want to ask, has there been a good time for immigrants ? I am sure the U.S is as safe a country as any and your whole conspiracy theories are just B.S at best. why do you need the attorneys details. I got what I needed. 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 ? I still want to know why the hell does a RTD have to take over a year to process? That equals out to 14.28 percent of all such cases completed by IJs last fiscal year. @andrew your wife no since she applied while her visa was still valid when she applied for asylum. 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. Or no effect? I have pending asylum case since 2015. Had pending asylum many years. 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. 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). 4 years after interview waiting for a decision on my Asylum case. Take care, Jason. 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. 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 .
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