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Especially given that the asylum system is such a mess. How is it possible and acceptable. I also want to ask, has there been a good time for immigrants ? Could this be the reason why my EAD is still pending for 66 days? Could you please email me attorneys details? 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. Do I need to do the same biometrics when applying for adjustment of status? 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. Take care, Jason. 2. To EMPLOYMENT Also, regarding the new data, we are missing a key piece of information. 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). Administrative closures are not reported due to the low volumes precluding reporting for most countries. Do I need to file for a weaver of inadmissibility? Why this should be, I do not know, but there are several possibilities. Judge-by-Judge Asylum Decisions in Immigration Courts. I am not Jason, but I think you should back your claim up with facts from USCIS instead of quoting attorneys from YouTube. I would have a lawyer map out in writing exactly how you will get from where you are now to having a GC. Take care, Jason. but when i check my status it says application pending while my cousin had interview on the same day her status says decision pending do you think they will sent me to courts. 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). Contact an attorney who has done such cases successfully previously. 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. 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. It also raises questions about how the asylum system is workingor not working. 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. An alien, whose bona fide application for asylum is pending, is in 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 want to hire a lawyer for writ of mandamus too, I really appreciate if you could inform me. The problem is that USCIS is a disaster zone and it is very hard to predict anything with them. USCIS has been failing to back date some cards lately, but hopefully that is not a problem for you. Take care, Jason. Go to conselar and get a GC approval. The approval rate of asylum cases by judge Marks is high. Please help me by providing a brief explanation of what will happen moving forward. I have been waiting since then. If it is in writing, it will be easier to understand and will help ensure that the lawyer is on the up and up. I got my GC recently via EB. I am about to receive a green card and I have a question. Thank you! Hello Jason Nearly 7,000 such cases are processed each month. I was worried if USCIS will again put my I485 on hold or delay due to same suspicion or throw it in TRIG blackhole? I went to the asylum office and submitted my biometrics, asked why? 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). Yes or No One judge in Houston had a 100% denial rate for 106 asylum cases heard during the six years. Lets start with the basics. The only asylum seekers who I heard that got GC through other means were waiting interviews and their Asylum case had not been processed. 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 . Also, of course, if you visit the home country, that is usually a major issue for an asylum case. 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. I have no words. Consolidation of Guidance Concerning Unlawful Presence for Purposes of Sections 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). You should try it since several people have already done it successfully. 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. 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. Good luck, Jason, Great, Take care, Jason, Hello Jason, This EAD is first renewal after the reschedule. 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. And just a few cents regarding sharing information within corporate attorney during gc process: I shared 0 information regarding my case! 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%. It is too much to explain here. 2. Last year, during asylum interview, attorney told me his decision that i can work and stay in US. 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. Is the Jumpstart Act will helpful for the people who are planning to apply for Asylum based Green Card? For the approval rates, I provided a link above about why that is not very reliable, but rates do vary by office. Most of these cases were filed at the Texas Service Center, which is extremely slow. Anyway, congratulations on the approval! Its possible, but a bit complex. My current employee is ready to do employe based GC application. Probably not. Had pending asylum many years. I have some questions. A denial of an asylum claim is not determinative of whether the claim was bona fide for Of all completed cases during the last quarter of 2021, more than 31% were Administratively Closed, meaning that the Asylum Office did not have jurisdiction over the case. It gave me literally wings. That equals out to 14.28 percent of all such cases completed by IJs last fiscal year. In FY 2021, IJs granted asylum to 2,417 aliens in removal cases that originated with a credible fear claim. Regards, You can check processing times at http://www.uscis.gov, but most of my cases take 2 or 2.5 years. I wonder if the approval rate that is reported is not accurate or if something is skewing the data in that office. pls advise, I do not know why unless you have some other application pending maybe an I-765 for a work permit? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Jason Dzubow, Esq. Based on your experience, Is this the same message they send for both Approval and denial? 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. Since then, my case is waiting for a interview. Employer pays for all expenses and fees anyways. Take care, Jason. Hopefully not, but it is possible. 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. Just as you are quoting the YouTube attorneys, someone would also be out there saying, but, an attorney, Jason said I will receive my green card in 6 months.. Around half of the world's refugees are under the age of 18. That makes up for 43.4% of all refugee arrivals. How usually much does it cost to hire an attorney for your asylum case? 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. Maybe the NSC is trying to be more like the TSC. JDzubow(at)DzubowLaw.com, Back in 2019, the Trump Administration ended the long-standing practice of releasing data about our nations Asylum Offices. Third, I wonder what is going on in New York City with its 7.4% approval rate. I am working with pending asylum ead. This is not something I know about, as I am mostly doing asylum for people who are already in the US. I am thinking about going to a third country, eg Turkey where I will meet my parents. Thank you for the comfort you bring in all these years, my asylum was terminated at the court due to PD. I had my interview in a month later, and today I got my approval letter which took 10 weeks. You have to check the date on the GC, and you can file 5 years after that date (assuming you meet all other eligibility requirements). My GC has been pending for 3 year now almost 4. (202) 328-1353 Hello 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. I have applied for I-485 based on an approved asylum. after taking bunch of consultations we filled i-485 for without any supporting evidences. I still tend to think that a good case will win most of the time, even if the office has a low approval rate. 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? However, I havent heard anything since then. 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. Exactly this info was given and the employer jad to cover the costs of PERM, I140 + I485. I entered to US at 2016 with a tourist visa. Thank you. If you use your home country passport it might I wrote about that on May 25, 2022. Is anyone getting travel paroles from the Texas office? 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. Anyways lost time can not be obtained. USCIS New York Asylum Director Patricia Menges She Used to Good . 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. @tina Please help . 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? Last night I decided to check the processing time for the forms I submitted 3 months ago. ASTAF, when you had your interview? 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. If the asylum office does not help you, you may want to talk to a lawyer to assist you. Take care, Jason. My guess is between 800,000 and 900,000 people in the affirmative asylum backlog, and counting. Even though I submitted with my ASAP membership and inquired about my EAD, they replied its still in queue awaiting assignment to an officer. Why does a c-8 EAD renewal (renewal!) Maybe the new numbers will be better, as the pandemic situation as eased a bit since late 2021. STFU, you are a virus on this forum just like covid we will never get rid of you. For more information, to subscribe, or to donate, contact trac@syr.edu or call 315-443-3563. In some ways, things are worse now than under Trump, at least from my perspective cases are randomly advance and randomly cancelled. and can they reject my request? Take care, Jason. 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%). AP was taking 9-12 months. I have seen a few people on this forum who have successfully adjusted status on EB2/EB3 without leaving USA. 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! Are there any precautions that I need to consider at this stage? EMPLOYMENT Is it even allowed under the law as no AOS is allowed? Take care, Jason. Thanks. Everyday I check my status multiple times and the answer is My next step is interview but I dont know WHEN..!!! Have you received it yet? My situation is similar to your friend. Thank you. Different offices have different rules, but most require you to submit evidence at least one week before the interview. As one example, certain countries have low asylum grant rates. I was fine with that and they too until we reached I-485 steps. 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. 39.63. 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. If someone applies for a green card based on asylum, how long does it take to get the green card? Yeah, despite the rule o public forums do not trust ! Take care, Jason. And he said he doesnt know! 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. And what evidence to provide? Most positive decisions at first instance granted refugee status. If not, do I have to pay the $85 biometrics fee? It doesnt make a lot of sense to me. I filed for asylum 6 years ago in Los Angeles. In terms of who is seeking asylum, the number one source country by far is Venezuela. I am sure the U.S is as safe a country as any and your whole conspiracy theories are just B.S at best. You can contact the asylum office to ask about your case I wrote about that on March 30, 2022. I got what I needed. We also bring an extra copy with us, in case they lose the new evidence (which they often do). my application went to NBC and NBC will process i already attempted many expedited but nothing worked. Contact the above lawyer, One other person mentioned that this attorney helped them adjust status without leaving usa. Take care, Jason. I have pending asylum case since 2015. Some groups of migrants, like Chinese nationals, tended to have more favorable asylum outcomes. 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. If you ask your employer to do that, the client-attorney privilege is only between the employer and their attorneyyour privacy has zero protection. Please advice.. In almost all Employment based EB2/EB3 cases the employer pays for all attorney + other fees / expenses. Does she need to answer yes to the same question on her form i485 application? Individuals should review the information about online filing to determine if they are eligible to file Form I-589 via myuscis.gov. Did I accrue unlawful presence? 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. I was scheduled interview in 2020, but I wasnt able to go for the interview as I had covid at that time. Walk back to the border with US and get the GC and enter. I have only included cases where a decision was reached (meaning that I did not include data where the application was abandoned or withdrawn). Take care, Jason. Take care, Jason. In fact, there were close to 41,000 asylum cases pending with Immigration at the end of January, 2014. If I go through the US Mexican border then I dont have an interview with the asylum officer, it will be only court, right? Or you just waited and made several inquiries? I cant provide for my family, we are basically living in penury. Did you not say that your asylum was already approved?????? Regardless, unless they start interviewing more affirmative cases, the backlog will never go away. corporate attorney signs case, and your attorney provides consultations, with 0 responsibility. It did not requere from me to disclosure any details from my asylum case, except key dates: arriving, i-589 filling, past employments. 1. Of course, this is nothing new, and in fact, the spread between the best and worst Asylum Offices has narrowed a bit since 2015. Hi Jason, may I ask what did USCIS tell you when you inquired about the case that was being held up for TRIG issue?

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