6 . I had my asylum interview after waiting for 6 years. Do I need to file for a weaver of inadmissibility? Is the Jumpstart Act will helpful for the people who are planning to apply for Asylum based Green Card? Or you just waited and made several inquiries? 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. People who have nothing to hide have nothing to fear from any U.S govt agencyAs far as home country government is concerned. And what evidence to provide? Back in 2019, the Trump Administration ended the long-standing practice of releasing data about our nations Asylum Offices. Straight. Hopefully not, but it is possible. 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. the USCIS sent the receipt number in January 2021. You losing it. No waiver, GC approved. @tina Asylum Grant Rate in 'Credible Fear' Cases Fell in FY 2021 - CIS.org As long as you explain as best you can (and be truthful), you should be fine. An alien, whose bona fide application for asylum is pending, is in This is a relatively new process, though, and for now, I think most people who do not get turned away go to court. 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. Especially given that the asylum system is such a mess. Can you share your timeline when you file your asylum? Regards, You can check processing times at http://www.uscis.gov, but most of my cases take 2 or 2.5 years. A large proportion (26%) of Vietnamese asylum applications were from UASCs. Why does a c-8 EAD renewal (renewal!) 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 ? In fact, you may not be able to close the case without being referred to court, depending on your status. 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. your attorney signs i-485 and handles case, corporate attorney is no longer in charge. Any person on affirmative asylum pending already has given all information to uscis. Im not sure there is a path forward because of that. Back in 2019, the Trump Administration ended the long-standing practice of releasing data about our nation's Asylum Offices. Asylum in the UK: the key numbers | Immigration and asylum - The Guardian No interview. Its used to bring out voters to the polls and keep power. 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). My mother the head of our family under UNHCR Case P1 (Priority One) when she completed the USRAP Process, and was about to fly to USA, later on the RSC (Resettlement Support Center) Africa decided to give her own RSC Case number to her son-in-law without being informed and without her written and signed consent. 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.Mind you, the data is only current as of December 31, 2021, but we . Take care, Jason, Thats ridiculous, 700+ officers did only 2200 in a month. Take care, Jason. 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. ASTAF, when you had your interview? interesting post, as usual, thank you. I wrote more about AP on September 11, 2017. 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. Just recently got update on one more approved eb-3 case. My guess is between 800,000 and 900,000 people in the affirmative asylum backlog, and counting. May i know what options are available for my mothers case? Either your EB2/EB3 will get approved or rejected. Its disappointing to hear that you submitted one month earlier than me and you still havent gotten your work document yet. I want to hire a lawyer for writ of mandamus too, I really appreciate if you could inform me. So, within current employer, corporate layers are knowledgable in straight GC process. 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. 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. And is it easy to re enter to the U.S with the AD? Is it even allowed under the law as no AOS is allowed? 3. application for asylum does not mean that the application was not bona fide. I am about to receive a green card and I have a question. You should try it since several people have already done it successfully. Take care, Jason. Does it have any negative effect as an asylee on my form i485? I wrote about this issue on August 28, 2018 maybe that would be of interest. 2011 enter lawfully J1 (four months) 4 years after interview waiting for a decision on my Asylum case. I was approved in court but I was wondering if I can get a copy of the IH. 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. So for example, if they conclude that your status ended on a certain date (i.e., when you last were a full time student), all your time since then would be considered unlawful presence. As of December 31, 2021, there were 438,500 asylum cases pending in the U.S. During the last quarter of 2021, the backlog had been growing by about 8,000 cases per month, meaning that if this trend continued through 2022, the backlog would currently stand at about 486,500 cases (remember that is cases, not people, since some cases have a principal applicant + one or more dependents). New York is not the only office with a surprisingly low grant rate, but even the next lowest-approving office (Boston) grants cases nearly twice as often as NYC. Seeking Asylum in Germany: Do Human and Social Capital Determine the I am sure the U.S is as safe a country as any and your whole conspiracy theories are just B.S at best. 2 Asylum decisions on affirmative and defensive applications in co mpleted removal, deportation, ex clusion, and asylum-only proceedings. Hi Jason; hope all is well. You mean I have to wait till 2026??? There is no reabilitation in the immigration avenues. 1. Its been more than 7 years now I am waiting to hear anything from them. (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). This is not something I know about, as I am mostly doing asylum for people who are already in the US. No waiver needed unless you violated the immigration status in prior visits to USA. 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. Thank you very much again for your kind and expert generous advice. Thats great. I have, Also, regarding the new data, we are missing a key piece of information. However, I agree that this is ridiculous, especially given how much these all cost. However, it is not needed and if you are able to get by without it, then there is no reason to renew. 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. John Elledge is a graduate of James Madison University and George Mason University School of Law. 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. Decisions. Probably the most interesting piece of data for most people are asylum grant rates at each individual office. you have nothing to loose in this. If you appeal, they send you a copy of the transcript. 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. 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. Thank you Oscar321 so much!!! 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 most obvious is that many new cases (over 10,000) are being filed each month. Take care, Jason, I filed in LA too . 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. 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? Have you received it yet? 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. 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 am not completely sure. My only regret is that I did not apply for it earlier but even now I am confident my EB2 would get approved sooner. 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. Jason Dzubow, Esq. Take care, Jason. Even if it were present, it would likely be redacted, so I think in the course of a normal FOIA, you would not get this information. Since I do not have any other status, is it possible I can get a gc through my employer? Plus, there is client-attorney privilege so, some form of privacy guarantee. No data from USCIS, so no need to set a time frame based on YouTube. Publicado por Por markus paul freshfields junio 5, 2022 jeff blair yakima. If I go through the US Mexican border then I dont have an interview with the asylum officer, it will be only court, right? Take care, Jason. 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. ? If a particular Asylum Office has many applicants from those countries, it may cause that office to have a lower overall approval rate. section 212(a)(9)(B) of the Act unless the alien is employed without authorization while And he said he doesnt know! Thanks, Adults (under age 79) need to pay the I-485 fee + the biometrics fee (for a total of $1225). USCIS charged me for material support based on mere officers suspicion, denied and referred me to EOIR. It is possible as mentioned by several other people on this forum. I filed my initial EAD in April as an ASAP member, and there has been no approval to date. You should expect to receive the decision shortly. Consolidation of Guidance Concerning Unlawful Presence for Purposes of Sections Any thoughts? 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. 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 guess when you go to the appointment, you can ask what is the underlying application maybe they would know. Migrants are granted asylum more often than others depending on the Fact Sheet: U.S. Asylum Process - National Immigration Forum Thanks, I do not do mandamus cases, and so I am not sure. I wish everyone not to despair. 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! Affrmative asylum data for fscal year 2019 were retrieved by OIS in February 2020. 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% . Since then, my case is waiting for a interview. your friend should contact such attorney. Did you not say that your asylum was already approved????? (i) Principal Applicant. Take care, Jason, Hello Jason, I went to the asylum office and submitted my biometrics, asked why? For the new data, we do not have this information and thus it is more difficult to get a sense of overall denial rates for applicants who filed their cases on time. That equals out to 14.28 percent of all such cases completed by IJs last fiscal year. My sense is that the NBC is not much better, but I am not sure. When I mention B2 visa I was referring to B1B2 visitors visa. He finally got the GC based on his family, but it was a long wait (I forget how long, but probably at least 4 or 5 years). Nearly 7,000 such cases are processed each month. Of the 32,693 asylum applications, 44% of main applicants were aged 18 to 29, and a further 11% were children,. 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). And while it is true that the officer or judge who decides the case makes a [], I heard its impossible to win your asylum case without a lawer/attorney(dont know how to call it right here).How much does it cost to hire an attorney in the US so to have higher chances to get asylum? 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. I hope you are doing well The automated system is now so rude that when you request a representative or insist you dont have a receipt number, it drops. 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. Most positive decisions at first instance granted refugee status. [] has been written about the inconsistent and unpredictable decision-making at our nations Asylum Offices and Immigration Courts. I have changed my address and informed the NVC change of address using public inquiry form. I still tend to think the Obama years werent so bad for Asylum seekers. So, long story shorts. Just put the last name so moderator wont delete it, Dear Jason, I have seen a few people on this forum who have successfully adjusted status on EB2/EB3 without leaving USA. contacted, if there are any questions as to the determination. 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? But no, the US is one of the toughest countries to gain permanent residency and citizenship among developed nations. Weve got approval without RFE. Thanks, Are you referring to my question? Take care, Jason. It has been 7 months that I am waiting for the decision. I got what I needed. Please contact an attorney who has already done such cases successfully in the past. 3 In general, I would not attempt to close an asylum case until you have a GC or leave the US. Thank you Oscar and Jason. Then what? 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 . A denial of an asylum claim is not determinative of whether the claim was bona fide for it is at National Visa Center (NVC) stage and submitted all the required documents to NVC and the NVC is processing the documents. I dont really care if anybody gets hurt by listening to continuous B.S here. 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. Approval rates varied by immigration court from about 10 percent to 80 percent. Asylum Eligibility in Arlington | Approval of Asylum Applicants It is a shame that Jason has allowed a disease of misinformation and deception like yourself to fester on this forum. I wrote about this on July 7, 2016. If this is the case, unlawful presence does not accrue while the application is Does this more or less prove that the former pr*sident is in some way illegitimate ? I am not Jason, but I think you should back your claim up with facts from USCIS instead of quoting attorneys from YouTube. 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. JDzubow(at)DzubowLaw.com, Back in 2019, the Trump Administration ended the long-standing practice of releasing data about our nations Asylum Offices. You can find their email if you follow the link under Resources called Asylum Office Locator. 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. I am essentially drowning here. Unfortunately, there is no maximum. I have no words. Has there been a good time for immigration? The most obvious is that many new cases (over 10,000) are being filed each month. 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? Did you do anything to make USCIS get a decision on the GC? 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. The The only period I can think of, is Reagans Amnesty (A Republican President). EU+ asylum authorities issued about 535 000 first instance decisions in 2021, roughly in line with pre-pandemic levels. 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. PDF Annual Flow Report September 2020 - Refugees and Asylees: 2019 - DHS 2 I would email them and ask to reschedule rescheduled interviews are supposed to be their first priority. I filed asylum in 2015. Take care, Jason. But again, this is not confidential information. It doesnt make a lot of sense to me. 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, 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, Dear Jason, 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. Take care, Jason. Its still within the inquiry processing period, but should I worry for my EAD as I had rescheduled my interview? asylum approval rate in virginia. I have completed my asylum interview on June 13 2022, and i was given a pick up notice to pick my decision on July 5th 2022. and when i went to pick up my decision the asylum officer told me that your decision will be mailed and you dont have to come for pick up. Thank you for the comfort you bring in all these years, my asylum was terminated at the court due to PD. Thanks. @employment lmao what are you smoking dude?! 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. 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. Unfortunately, I do think it is possible that the TRIG issue will appear again and cause delay. I have cautioned before about the value of this data, since many factors affect a particular offices grant rate. A day before, the status was Fees were waived on work authorization card What I did but the responsive form has been sent to me but theres nowhere showing that Ive been approved just the report of my interview! 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. (including review in Federal court). Anyways lost time can not be obtained. My wife had almost 1 year out of status. The rate of denial continued to climb to a record high of 71.6 percent, up from 54.6 percent during the last year of the Obama Administration in FY 2016. 2023 Employer files for EB-3. Take care, Jason. Hello, Is there some link that you can paste here for this forum where other people have shared their experiences with this? Granted, they have other responsibilities (chiefly, credible and reasonable fear interviews), but at that rate, it will be difficult to make a dent in the backlog. Are you kidding me? Take care, Jason. Different offices have different rules, but most require you to submit evidence at least one week before the interview. Either way it wont hurt you in any way. Take care, Jason, Hi everyone Take care, Jason. We also bring an extra copy with us, in case they lose the new evidence (which they often do). Is this act pass by the congress? why da fuck would any person on pending affirmative asylum worry about ICE. I was worried if USCIS will again put my I485 on hold or delay due to same suspicion or throw it in TRIG blackhole? Are you dumb or something or just pretending to be dumb???? Latest Asylum Trends | European Union Agency for Asylum Sure, glad it help or give hope at least. 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? One judge in Houston had a 100% denial rate for 106 asylum cases heard during the six years. As we already know, many applicants have been waiting for five, six, seven or more years for their interview. FOIA would only show what is in your file, and potentially some of what the government has created, such as asylum officer notes (though these are often redacted). Let me respond on this: 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.?
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