Asylum Decision

GodSaveAll and thankful, I would like to say thanks very much for the useful information you guys are providing me. One issue is that we have already sent a motion to reopen to the asylum office. Can we cancel the motion and go ahead with a new application or just leave it and go ahead to file in a new application?
Also thankful, I tried to search for the January 3, 1997 edition of the Federal Register. Page numbers 446-447 so as to show the lawyer because maybe he doesn't know about this "I don't know because he never told us" but its taking me forever to find it online - do you have the link?
 
GodSaveAll and thankful, I would like to say thanks very much for the useful information you guys are providing me. One issue is that we have already sent a motion to reopen to the asylum office. Can we cancel the motion and go ahead with a new application or just leave it and go ahead to file in a new application?
Also thankful, I tried to search for the January 3, 1997 edition of the Federal Register. Page numbers 446-447 so as to show the lawyer because maybe he doesn't know about this "I don't know because he never told us" but its taking me forever to find it online - do you have the link?

I would consider call up the asylum office director and ask how he or she wants to proceed with this. As I stated above, unless something dramatic has changed they will not grant the case--they will refer the case to immigration court. Perhaps the asylum office is willing to issue the referral paperwork now without all the extra fanfare. On what grounds did they deny the case?

Yes you can file at any time.
 
attached is the Federal Register from that date. Be patient b/c it is a huge file (this is the entire proposed rule the INS issued to implement the 1996 immigration reform law).
 
blute, why don't you understand that your bro or cousin's case is verydifferent and it needs an expereinced attorney's help?

Your's is like last stage and you guys can't fix the reapplying or document return process with the USCIS or asylum office by yourself.

Get a lawyer if you really want to give it your last try and if you are about to be exausted with this asylum case.
 
in the lawsuit, USCIS should require that all asylum decisions whether grant or rejection from asylum officer should be done within 2 weeks for all applicants in or out of status.
RTD should be processed within 3 months and should be valid for 3 to 5 years.

Let's revive this again
This was an effort made by a few great people in this forum back in 2004 in order to push for a time-limit increase on TD. Here’s the final draft of that written by one the prominent members of this forum. For those of you who would like to work on this, please feel free to do so. I have to excuse myself, as I will be going overseas for sometime.

Please take action and make live better for the millions who need this!

Good luck!



STEERING COMMITTEE ON ACTION-TRAVEL FREEDOM
[ADDRESS]
Mr. Eduardo Aguirre (no longer the one)
Director (with a rank of Under Secretary)
United States Citizenship and Immigration Services (“USCIS”)
Department of Homeland Security
425 I Street, NW
Washington, DC 20536

Re: Petition to Seek Regulatory Change and Expedite the Processing of Applications for Refugee Travel Documents

Dear Director Aguirre:

We the undersigned are members and supporters of the Steering Committee on ACTION-Travel Freedom, a volunteer unincorporated association of current or previous asylees or refugees. By previous asylees or refugees, we are referring to those of us who have become permanent residents after having adjusted from a previous asylee or refugee status.

We sought the protection of the United States of America from regimes or societies that have persecuted us. We live in our adopted country, paying taxes, obeying its laws and contributing to its economic and social life. Pursuant to Section 223.2(b)(2) of Title 8 of the Code of Federal Regulations (the "CFR"), we are required to apply for and secure a Refugee Travel Document ("RTD") from the USCIS to travel outside the United States on business or for social occasions.

On numerous occasions, you have stated that the basic mission of the new USCIS is to ensure that "the right applicant receives the right benefit in the right amount of time, while preventing the wrong individuals from obtaining benefits." Currently, those of us who are in the aforedescribed class of current or former asylees or refugees have to encounter and deal with the following:
1. It is taking a minimum of six months for the USCIS to process RTDs.
2. Pursuant to 8 CFR 223.3(a)(2), RTDs are valid for only one year.
3. Pursuant to 8 CFR 223.2(c), we cannot apply for a new RTD while a currently valid RTD is in our possession.
4. A number of countries require that, in order to grant entry visas, RTDs should be valid for at least six months from the date of visa application.
The cumulative effect of the processing backlog and the provisions of the aforementioned regulations is that for at least six months out of every year, it is effectively and practically impossible for us to travel overseas. As current or previous asylees or refugees, we cannot apply for passports from the very governments that have persecuted us in the past. Such will be an unconscionable choice. Furthermore, such action may constitute a re-availment of the protection of those regimes, thereby threatening our legal status in the United States.

Due to the aforementioned backlog in RTD processing, we have been forced to forego a lot of business and professional opportunities that are essential in earning our livelihoods, when, as is usually the case in such an interdependent world and globalized economy, our work obligations require us to travel oversees. Furthermore, we have also missed numerous planned family and social events in safe third countries. This issue is particularly pertinent to us as we cannot travel to our respective countries of origin. One of the few occasions for our loved ones to meet and see us in person is to arrange for such meetings in safe countries. In general, we feel "imprisoned" in the most free nation on earth.

We believe that the current RTD processing backlog and the restrictive duration of validity of RTDs infringe on our due process and equal protection rights to travel and earn a livelihood, free from unreasonable restrictions, that have been afforded to all persons by the United States Constitution. We also believe that the current process violates the spirit, if not the letter, of Article 28.1 of the United Nations Convention Relating to the Status of Refugees (the "Refugee Convention"), as made applicable to the United States by its accession to the 1967 Protocol Relating to the Status of Refugees.

We ask you to use the powers of your good offices to effect the following two regulatory and administrative changes that will go a long way in mitigating our situation:

1. Amend 8 CFR 223.3(a)(2) to make RTDs valid for five years or more.
One of the reasons for the backlog is the fact that we have to apply for RTDs every year. On numerous occasions, you have promised to look at and reform such unnecessary and repetitive procedures that create even more backlogs. USCIS’s recent decision to amend 8 CFR 274a.12 by extending the duration of validity of documents evidencing employment authorization by up to five years is a good precedent which we ask the USCIS to follow with regards to RTDs. By way of comparison, for instance, Canadian equivalents of RTDs are issued for five years.
2. Eliminate backlogs and expedite the processing of RTDs within four weeks of application.

We believe that where there is a will, there is a way. As has been evidenced in some of the initiatives you undertook over the last year or so, it will not be an impossible task to set an efficient process that will ensure the turnover of RTD processing within a four week period. This timeline is even more achievable if the duration of validity of RTDs is extended as discussed above, thereby significantly reducing the backlog created by the current framework.
We will be more than happy to discuss these concerns in detail with you and/or your delegate(s). We look forward to hearing from your agency on this issue of immense importance to all of us.


Sincerely,

Steering Committee on ACTION-Travel Freedom
By Its Members:
 
thankful thanks for the document. Please maybe I am missing something. On the document towards the end of page 446 and continue to the beginning of page 447 it states that "This ensures that aliens who received a denial of their application from an asylum officer because they applied for asylum while in valid status or under procedures in place prior to January 1995 receive consideration of their application by an immigration judge" What I understand is that those whose application were denied by an Asylum Officer have the opportunity for thier case to be heard by an immigration judge. Please if I am wrong tell me and don't be angry by my ignorance.
 
blute, did you email the above petition yo your congressman/woman or USCIS yet?
if not, copy and paste and email to those agencies,

STEERING COMMITTEE ON ACTION-TRAVEL FREEDOM
[ADDRESS]
Mr. Eduardo Aguirre (no longer the one)
Director (with a rank of Under Secretary)
United States Citizenship and Immigration Services (“USCIS”)
Department of Homeland Security
425 I Street, NW
Washington, DC 20536

Re: Petition to Seek Regulatory Change and Expedite the Processing of Applications for Refugee Travel Documents
Petition to Seek Regulatory Change and Expedite the Processing of asylum decision from asylum office.
Dear Director Aguirre:
Asylum applicant's are made to wait months or years just to get approval or rejection decision letter from asylum office and this is causing lots of pains and disappointments to many of the asylum applicants.
All asylum decisions should be issued within 2 weeks of interview, whether to be picked up at asylum office or mailed to applicant's mailing address.

We the undersigned are members and supporters of the Steering Committee on ACTION-Travel Freedom, a volunteer unincorporated association of current or previous asylees or refugees. By previous asylees or refugees, we are referring to those of us who have become permanent residents after having adjusted from a previous asylee or refugee status.

We sought the protection of the United States of America from regimes or societies that have persecuted us. We live in our adopted country, paying taxes, obeying its laws and contributing to its economic and social life. Pursuant to Section 223.2(b)(2) of Title 8 of the Code of Federal Regulations (the "CFR"), we are required to apply for and secure a Refugee Travel Document ("RTD") from the USCIS to travel outside the United States on business or for social occasions.

On numerous occasions, you have stated that the basic mission of the new USCIS is to ensure that "the right applicant receives the right benefit in the right amount of time, while preventing the wrong individuals from obtaining benefits." Currently, those of us who are in the aforedescribed class of current or former asylees or refugees have to encounter and deal with the following:
1. It is taking a minimum of six months for the USCIS to process RTDs.
2. Pursuant to 8 CFR 223.3(a)(2), RTDs are valid for only one year.
3. Pursuant to 8 CFR 223.2(c), we cannot apply for a new RTD while a currently valid RTD is in our possession.
4. A number of countries require that, in order to grant entry visas, RTDs should be valid for at least six months from the date of visa application.
The cumulative effect of the processing backlog and the provisions of the aforementioned regulations is that for at least six months out of every year, it is effectively and practically impossible for us to travel overseas. As current or previous asylees or refugees, we cannot apply for passports from the very governments that have persecuted us in the past. Such will be an unconscionable choice. Furthermore, such action may constitute a re-availment of the protection of those regimes, thereby threatening our legal status in the United States.

Due to the aforementioned backlog in RTD processing, we have been forced to forego a lot of business and professional opportunities that are essential in earning our livelihoods, when, as is usually the case in such an interdependent world and globalized economy, our work obligations require us to travel oversees. Furthermore, we have also missed numerous planned family and social events in safe third countries. This issue is particularly pertinent to us as we cannot travel to our respective countries of origin. One of the few occasions for our loved ones to meet and see us in person is to arrange for such meetings in safe countries. In general, we feel "imprisoned" in the most free nation on earth.

We believe that the current RTD processing backlog and the restrictive duration of validity of RTDs infringe on our due process and equal protection rights to travel and earn a livelihood, free from unreasonable restrictions, that have been afforded to all persons by the United States Constitution. We also believe that the current process violates the spirit, if not the letter, of Article 28.1 of the United Nations Convention Relating to the Status of Refugees (the "Refugee Convention"), as made applicable to the United States by its accession to the 1967 Protocol Relating to the Status of Refugees.

We ask you to use the powers of your good offices to effect the following two regulatory and administrative changes that will go a long way in mitigating our situation:

1. Amend 8 CFR 223.3(a)(2) to make RTDs valid for five years or more.
One of the reasons for the backlog is the fact that we have to apply for RTDs every year. On numerous occasions, you have promised to look at and reform such unnecessary and repetitive procedures that create even more backlogs. USCIS’s recent decision to amend 8 CFR 274a.12 by extending the duration of validity of documents evidencing employment authorization by up to five years is a good precedent which we ask the USCIS to follow with regards to RTDs. By way of comparison, for instance, Canadian equivalents of RTDs are issued for five years.
2. Eliminate backlogs and expedite the processing of RTDs within four weeks of application.

We believe that where there is a will, there is a way. As has been evidenced in some of the initiatives you undertook over the last year or so, it will not be an impossible task to set an efficient process that will ensure the turnover of RTD processing within a four week period. This timeline is even more achievable if the duration of validity of RTDs is extended as discussed above, thereby significantly reducing the backlog created by the current framework.
We will be more than happy to discuss these concerns in detail with you and/or your delegate(s). We look forward to hearing from your agency on this issue of immense importance to all of us.


Sincerely,

Steering Committee on ACTION-Travel Freedom
By Its Members:
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