Q&A on Asylee Adjustment BackLog Problem
compiled by Tim Zheng
What is asylee? What is asylee adjustment?
Asylees are people who flee persecution in their home countries and who are granted asylum in the United States.
Under U.S. law, asylees may apply to become permanent residents, or so-called green card holders, of the United States. This process is called adjustment of status.
What is the backlog problem of asylee adjustment?
Currently there is a huge backlog problem for asylee adjustment. By May 17, 1995 there was no current wait for asylee adjustment (Testimony of Susan Martin, Executive Director, U.S. Commission on Immigration Reform, before the U.S. House of Representatives, Committee on Judiciary Subcommittee on Immigration and Claims). By August 25, 1999 there were currently 37,000 asylee adjustment applications pending (At an August 25 meeting between the U.S. INS and Community Based Organization in Washington, DC, INS officials provided the statistics). By January 11, 2002 there are currently about 87,000 asylee adjustment cases pending (Legal immigration, Fiscal Year 1999, released on January 11, 2002 by INS). An asylee who apply for adjustment of status now is estimated to have to wait for many years (anywhere between 8 to 10) years before he can actually get his green card.
What harms does the backlog problem do to asylees, their families and the U.S. government?
Asylees are suffering. They are forced, unnecessarily, to wait for years to obtain the permanent status. The delay prevents them from becoming full, participating members of the society. Asylees are deserving individuals, many of whom have suffered unspeakable harms. Their welcome into American society should not be delayed for years by the limit on the number on asylees that can become legal permanent residents.
Asylees are unable to reunite with their families, secure long-term jobs, and travel outside the United States. They must pay expensive out-of-state college tuition rates even though they are in-state residents.
The backlog also adds further burdens for INS in that it must process additional applications for benefits (such as work permits and travel documents) that are unnecessary once the asylees receive their green cards.
What are the two reasons of asylee adjustment backlog problem?
The two reasons of asylee adjustment backlog problem are 1) the 10,000 cap Congress has imposed on the number of asylees who can attain permanent resident status each year and 2) then Immigration and Naturalization Service\'s (INS) misadministration of the law to asylee adjustment.
What\'s the problem of asylee adjustment cap?
An individual who is granted asylum can apply for lawful permanent residence after one year. Under current law, however, only 10,000 asylees can adjust to LPR status each year.
Since the asylum process is rigorous and difficult and a grant is a matter of discretion (in addition to qualifying), there is no point to having a cap. The cap penalizes asylees by delaying their adjustment to citizenship and normal life. The cap also adds further burdens for INS in that it must process additional applications for benefits (such as work permits and travel documents) that are unnecessary once the asylees receive their green cards.
What\'s the problem of INS mismanagement of asylee adjustment?
INS failed to distribute more than 18,000 green cards (6,858 asylees adjusted in FY 2000, 3,357 in FY 1999, 7,548 in FY 1998, Legal Immigration, Fiscal Year 2000 and 1999, released by INS on January 11, 2002) in the last eight years while more than 60,000 asylees wait in legal limbo; failed to process applications on a first-come, first-served basis as required by law; and kept thousands of asylees on the wait list who are exempt from the cap.
What are the efforts are being made to solve the asylee adjustment backlog problem?
There are currently 2 bills in Congress to solve this problem. S. 1311 "R
compiled by Tim Zheng
What is asylee? What is asylee adjustment?
Asylees are people who flee persecution in their home countries and who are granted asylum in the United States.
Under U.S. law, asylees may apply to become permanent residents, or so-called green card holders, of the United States. This process is called adjustment of status.
What is the backlog problem of asylee adjustment?
Currently there is a huge backlog problem for asylee adjustment. By May 17, 1995 there was no current wait for asylee adjustment (Testimony of Susan Martin, Executive Director, U.S. Commission on Immigration Reform, before the U.S. House of Representatives, Committee on Judiciary Subcommittee on Immigration and Claims). By August 25, 1999 there were currently 37,000 asylee adjustment applications pending (At an August 25 meeting between the U.S. INS and Community Based Organization in Washington, DC, INS officials provided the statistics). By January 11, 2002 there are currently about 87,000 asylee adjustment cases pending (Legal immigration, Fiscal Year 1999, released on January 11, 2002 by INS). An asylee who apply for adjustment of status now is estimated to have to wait for many years (anywhere between 8 to 10) years before he can actually get his green card.
What harms does the backlog problem do to asylees, their families and the U.S. government?
Asylees are suffering. They are forced, unnecessarily, to wait for years to obtain the permanent status. The delay prevents them from becoming full, participating members of the society. Asylees are deserving individuals, many of whom have suffered unspeakable harms. Their welcome into American society should not be delayed for years by the limit on the number on asylees that can become legal permanent residents.
Asylees are unable to reunite with their families, secure long-term jobs, and travel outside the United States. They must pay expensive out-of-state college tuition rates even though they are in-state residents.
The backlog also adds further burdens for INS in that it must process additional applications for benefits (such as work permits and travel documents) that are unnecessary once the asylees receive their green cards.
What are the two reasons of asylee adjustment backlog problem?
The two reasons of asylee adjustment backlog problem are 1) the 10,000 cap Congress has imposed on the number of asylees who can attain permanent resident status each year and 2) then Immigration and Naturalization Service\'s (INS) misadministration of the law to asylee adjustment.
What\'s the problem of asylee adjustment cap?
An individual who is granted asylum can apply for lawful permanent residence after one year. Under current law, however, only 10,000 asylees can adjust to LPR status each year.
Since the asylum process is rigorous and difficult and a grant is a matter of discretion (in addition to qualifying), there is no point to having a cap. The cap penalizes asylees by delaying their adjustment to citizenship and normal life. The cap also adds further burdens for INS in that it must process additional applications for benefits (such as work permits and travel documents) that are unnecessary once the asylees receive their green cards.
What\'s the problem of INS mismanagement of asylee adjustment?
INS failed to distribute more than 18,000 green cards (6,858 asylees adjusted in FY 2000, 3,357 in FY 1999, 7,548 in FY 1998, Legal Immigration, Fiscal Year 2000 and 1999, released by INS on January 11, 2002) in the last eight years while more than 60,000 asylees wait in legal limbo; failed to process applications on a first-come, first-served basis as required by law; and kept thousands of asylees on the wait list who are exempt from the cap.
What are the efforts are being made to solve the asylee adjustment backlog problem?
There are currently 2 bills in Congress to solve this problem. S. 1311 "R