Political Asylum & Citizenship
- Thread starter Laura Pepper
- Start date
Jack Archer
Registered Users (C)
No Title
Don\'t take my word for it. I can only point out my opinion.
Once you got your GC you will be treated like any other permenent resident. I think you should be more concerned about the authorities in your homecountry than the USINS. I dont know if INS will mention that you obtain your PR status through asylum case when they stamp on your passport. If they do the authorities in your homecountry will not be pleased to see that stamp. However it will be different if the governments changed in your homecountry.
It is a very risky business and so much unsincereity involved. But I can be sympathized with you, we all want to visit our country of birth.
Get advise from layers etc. before you do it though.
Don\'t take my word for it. I can only point out my opinion.
Once you got your GC you will be treated like any other permenent resident. I think you should be more concerned about the authorities in your homecountry than the USINS. I dont know if INS will mention that you obtain your PR status through asylum case when they stamp on your passport. If they do the authorities in your homecountry will not be pleased to see that stamp. However it will be different if the governments changed in your homecountry.
It is a very risky business and so much unsincereity involved. But I can be sympathized with you, we all want to visit our country of birth.
Get advise from layers etc. before you do it though.
Jack Archer
Registered Users (C)
No Title
Hi Alanpero,
The interview was very brief (took about approximately 5minutes). And the questions were very routine and formal:
(1) My name (First and Last)
(2) My current address
(3) letter from my current employer
(4) Whether I have any known criminal record in the U.S
(5) Most recent W2s and Bank Statement
(6) whether I applied for EAD and Advance Parole during the past 4 years.
After those brief questions I had to fill out a questionnaire. Questions, to the best of my recollection, include:
(1) Have I been a member of the American communist party, or Proletarian Party?
(2) Was I labeled as a war criminal by any organization?
(3) Have I been engaged in any espionage activities in the US?
(4) Have I been a member of the German Nazi party?
I was able to present all the documentation they requested and answered all "No" to those stupid dumb questions in the questionaire.
At the end of the interview the INS officer told me that they cannot approve my case at this time because of the Quota system (10,000 asylum GCs per year). I asked her if that means my application is rejected. She answered "no" and told me to continue waiting for further notice from the INS. She also mentioned that in the next notice letter I will receive ( didn\'t say when they will send it) I will be asked to come in for passport stamping. So to answer your question my passport was NOT stamped on the day of the interview.
I believe that the quota system is causing "bottle-neck" in the asylee green card processing time. Here is what I found at the INS web site
"http://www.ins.usdoj.gov/graphics/aboutins/statistics/annual/fy95/118.htm
Asylees must also wait 1 year after they gain asylee status to apply for permanent resident status and, until 1992, there was a limit of 5,000 adjustments per year. IMMACT90 increased the limit to 10,000 and exempted asylees who had applied for adjustment before June 1, 1990, from any numerical restrictions. As a result, the number of asylee adjustments increased from 4,937 in 1990 to 22,664 in 1992. The number of asylee adjustments decreased to 7,837 in FY 95 as the backlog of those waiting for adjustment declined. The leading countries of birth for asylees in FY 95 were China (772), Nicaragua (686), Yugoslavia (428) (7), Haiti (408), and Ethiopia (400). The median length of time they resided in the country before adjustment was 4 years."
Hi Alanpero,
The interview was very brief (took about approximately 5minutes). And the questions were very routine and formal:
(1) My name (First and Last)
(2) My current address
(3) letter from my current employer
(4) Whether I have any known criminal record in the U.S
(5) Most recent W2s and Bank Statement
(6) whether I applied for EAD and Advance Parole during the past 4 years.
After those brief questions I had to fill out a questionnaire. Questions, to the best of my recollection, include:
(1) Have I been a member of the American communist party, or Proletarian Party?
(2) Was I labeled as a war criminal by any organization?
(3) Have I been engaged in any espionage activities in the US?
(4) Have I been a member of the German Nazi party?
I was able to present all the documentation they requested and answered all "No" to those stupid dumb questions in the questionaire.
At the end of the interview the INS officer told me that they cannot approve my case at this time because of the Quota system (10,000 asylum GCs per year). I asked her if that means my application is rejected. She answered "no" and told me to continue waiting for further notice from the INS. She also mentioned that in the next notice letter I will receive ( didn\'t say when they will send it) I will be asked to come in for passport stamping. So to answer your question my passport was NOT stamped on the day of the interview.
I believe that the quota system is causing "bottle-neck" in the asylee green card processing time. Here is what I found at the INS web site
"http://www.ins.usdoj.gov/graphics/aboutins/statistics/annual/fy95/118.htm
Asylees must also wait 1 year after they gain asylee status to apply for permanent resident status and, until 1992, there was a limit of 5,000 adjustments per year. IMMACT90 increased the limit to 10,000 and exempted asylees who had applied for adjustment before June 1, 1990, from any numerical restrictions. As a result, the number of asylee adjustments increased from 4,937 in 1990 to 22,664 in 1992. The number of asylee adjustments decreased to 7,837 in FY 95 as the backlog of those waiting for adjustment declined. The leading countries of birth for asylees in FY 95 were China (772), Nicaragua (686), Yugoslavia (428) (7), Haiti (408), and Ethiopia (400). The median length of time they resided in the country before adjustment was 4 years."
No Title
Hi Jack, again thanks so much for providing that extensive and valuable information. My guess is that you will receive the notice for stamping the next fiscal year, which starts this coming October. So, I expect you should be receiving your approval next October. It will take some months after that to actually receive your green card. Congratulations again, you have already completed 99% of the process. Somehow I believe your application was not timely reported by your local INS office to the SC. Reason why I believe this is that I know of people that filed their I-485 in the Miami local office after you did in Houston office, and have already got approval. Also, know that by the end of fiscal year 2000 INS SC was already processing applications filed in 1997.
Also, INS statistics show the following number of individuals granted asylum in the corresponding Y\'s: 95: 17493, 96:18556, 97:15896, 98:12951. So, if we assume that all these individuals filed their I-485 the following fiscal year (because, by law they lava to wait 1 year), then the number of individuals that filed I-485 can be conservately assumed as 96: 17493, 97: 18556, 98: 15896, 99: 12951, and is on these figures that the 10000 limit applies, because prior to 95 there was no backlog. I guess you were granted asylum maybe sometime between July and October of 95, and filed I-485 a year after so I can\'t understand why your application was not processed before, unless as said before your local INS office in Houston did not notify INS SC timely that you had an approvable status.
Anyway, this nightmare is about to be over for you, thanks again and congratulations.
Hi Jack, again thanks so much for providing that extensive and valuable information. My guess is that you will receive the notice for stamping the next fiscal year, which starts this coming October. So, I expect you should be receiving your approval next October. It will take some months after that to actually receive your green card. Congratulations again, you have already completed 99% of the process. Somehow I believe your application was not timely reported by your local INS office to the SC. Reason why I believe this is that I know of people that filed their I-485 in the Miami local office after you did in Houston office, and have already got approval. Also, know that by the end of fiscal year 2000 INS SC was already processing applications filed in 1997.
Also, INS statistics show the following number of individuals granted asylum in the corresponding Y\'s: 95: 17493, 96:18556, 97:15896, 98:12951. So, if we assume that all these individuals filed their I-485 the following fiscal year (because, by law they lava to wait 1 year), then the number of individuals that filed I-485 can be conservately assumed as 96: 17493, 97: 18556, 98: 15896, 99: 12951, and is on these figures that the 10000 limit applies, because prior to 95 there was no backlog. I guess you were granted asylum maybe sometime between July and October of 95, and filed I-485 a year after so I can\'t understand why your application was not processed before, unless as said before your local INS office in Houston did not notify INS SC timely that you had an approvable status.
Anyway, this nightmare is about to be over for you, thanks again and congratulations.
Jack Archer
Registered Users (C)
No Title
Dear friend Alanpero,
Thanks so much for bringing up the facts and figures to this board. I was about to request for those numbers from NSC under the Freedom of Information Act but now that you have posted those numbers it saved much of my time. It seems that the year I was approved for asylum 1995 has the second highest number of people granted for asylum. You may also notice that it exceeds the IMMACT90 Quota limit by 7493 people (assuming that 100% of them applied for I-485).
I am glad that my case is at the very near end of the tunnel. But for my fellow asylees who filed their I-485 in the following years will have to face the ovelapse of the people from previous years. For god\'s sake that 11 year old Immigration act that limits the asylee green cards to 10,000/year need to be updated and increase the numbers.
Other I-485 categories have high tech companies and special interest groups lobbying for them but for us asylees there is not a single organization raising the voice for us.
I am thinking of starting a letter writing/pettition signing campaign to increase the asylee green card quota numbers. It would be nice if we can get some immigration specialists and politicians invloved in our campaign.
Dear friend Alanpero,
Thanks so much for bringing up the facts and figures to this board. I was about to request for those numbers from NSC under the Freedom of Information Act but now that you have posted those numbers it saved much of my time. It seems that the year I was approved for asylum 1995 has the second highest number of people granted for asylum. You may also notice that it exceeds the IMMACT90 Quota limit by 7493 people (assuming that 100% of them applied for I-485).
I am glad that my case is at the very near end of the tunnel. But for my fellow asylees who filed their I-485 in the following years will have to face the ovelapse of the people from previous years. For god\'s sake that 11 year old Immigration act that limits the asylee green cards to 10,000/year need to be updated and increase the numbers.
Other I-485 categories have high tech companies and special interest groups lobbying for them but for us asylees there is not a single organization raising the voice for us.
I am thinking of starting a letter writing/pettition signing campaign to increase the asylee green card quota numbers. It would be nice if we can get some immigration specialists and politicians invloved in our campaign.
Jack Archer
Registered Users (C)
No Title
"I guess you were granted asylum maybe sometime between July and October of 95, and filed I-485 a year after so I can\'t understand why your application was not processed before, unless as said before your local INS office in Houston did not notify INS SC timely that you had an approvable status."
Yes I was granted asylum in September 1995 and applied for I-485 in September 1996. When I called NSC in January 2000 I was told that TEXAS/Houston has higher applicant rate than most states/cities. I know a friend who filed his I-485 in Delaware in 1996 received approval in early 2000. Places like NY, CA, IL, TX are known for long processing times etc.
"I guess you were granted asylum maybe sometime between July and October of 95, and filed I-485 a year after so I can\'t understand why your application was not processed before, unless as said before your local INS office in Houston did not notify INS SC timely that you had an approvable status."
Yes I was granted asylum in September 1995 and applied for I-485 in September 1996. When I called NSC in January 2000 I was told that TEXAS/Houston has higher applicant rate than most states/cities. I know a friend who filed his I-485 in Delaware in 1996 received approval in early 2000. Places like NY, CA, IL, TX are known for long processing times etc.
No Title
Hi Jack, you have brought up a topic I also wanted to mention, and is related the 10000 visas/year limit and how other I-485 are so promptly processed. We just need to go to other sections of this portal and will see that I-485\'s Employment Based are now being approved even 6 months after being filed (thanks to the legislation recently approved), while our cases have to wait for even more than four or five years. Also, the Immigration reform of 1995 has affected the older cases and it is not fair that because of that old Immigration Act, our cases are not equally considered. Last time I talked to an Immigration Officer, she kindly suggested me to contact my Congressmen and explain about this problem, and ask for his support to promote an increase in that limit set 11 years ago.
Well, I believe that if only one person ask, it is not going to work. But, if all of us ask for that, results might be different. Again, it is not fair for us to see how EB applications are promptly processed just because, as you said, they have high tech companies and special interest groups lobbying for them. But, it seems nobody care about asylees.
Again, I believe you brought up an interesting point.
Hi Jack, you have brought up a topic I also wanted to mention, and is related the 10000 visas/year limit and how other I-485 are so promptly processed. We just need to go to other sections of this portal and will see that I-485\'s Employment Based are now being approved even 6 months after being filed (thanks to the legislation recently approved), while our cases have to wait for even more than four or five years. Also, the Immigration reform of 1995 has affected the older cases and it is not fair that because of that old Immigration Act, our cases are not equally considered. Last time I talked to an Immigration Officer, she kindly suggested me to contact my Congressmen and explain about this problem, and ask for his support to promote an increase in that limit set 11 years ago.
Well, I believe that if only one person ask, it is not going to work. But, if all of us ask for that, results might be different. Again, it is not fair for us to see how EB applications are promptly processed just because, as you said, they have high tech companies and special interest groups lobbying for them. But, it seems nobody care about asylees.
Again, I believe you brought up an interesting point.
No Title
Yeah, that confirms what I was thinking. I also know people in Miami that filed I-485 by mid 96 and got their GC\'s in late 98. These disparity in processing times is supposedly to change when INS NSC completes processing applications that were filed in local INS offices. But, who really knows when this is going to happen?
Yeah, that confirms what I was thinking. I also know people in Miami that filed I-485 by mid 96 and got their GC\'s in late 98. These disparity in processing times is supposedly to change when INS NSC completes processing applications that were filed in local INS offices. But, who really knows when this is going to happen?
Jack Archer
Registered Users (C)
No Title
Alanpero,
I think the policy makers and INS officials are already aware of the flaws with the IMMACT90 quota system and inequality in processing time between employment based I-485 apps and asylee based I-485 apps. However they might think that because asylees are given "indefinite period" to stay in the U.S and can renew our E.A.Ds every year w/o employer\'s sponsorship we don\'t face the same hardships as people on employment Visas. Hence the policy makers will conclude that waiting is not really a problem for us.
Truthfully speaking I don\'t mind holding the asylee status while waiting for the GC (hey it\'s better than H1-B and most other Visa types , right?), but my asylee status has let me down on more than one job interview. Employers(other than McDonald\'s and TacoBell) want people with stable immigration status (namely the Green Card). They don\'t like the part that asylee status can be revoked when political conditions in the homecountry improves. Some companies would ask me my ability to travel to countries outside of the U.S. When I mention the RTD and Advance Parole etc. they will look at me as if I\'m talking in some alien language. Of course they don\'t turn me down based on those reasons (Can you say "discrimination" law suit?), but you know those reasons sometimes play important role in getting a job.
Also I believe that recent changes in the top ranks of the immigration department is delaying the policy changes (they had two temporary commissionaires replaced since Dorris Messiner left). It will take awhile for the new Commissionaire Rooney to become familiar with problems etc. Looking on the bright side though, Rooney\'s last position was in the UNHCR ( UN High Commission for Refugees). So we can expect some sympathy for asylees from him.
Anywho...that ridiculously outdated quota system needs to be changed.
Alanpero,
I think the policy makers and INS officials are already aware of the flaws with the IMMACT90 quota system and inequality in processing time between employment based I-485 apps and asylee based I-485 apps. However they might think that because asylees are given "indefinite period" to stay in the U.S and can renew our E.A.Ds every year w/o employer\'s sponsorship we don\'t face the same hardships as people on employment Visas. Hence the policy makers will conclude that waiting is not really a problem for us.
Truthfully speaking I don\'t mind holding the asylee status while waiting for the GC (hey it\'s better than H1-B and most other Visa types , right?), but my asylee status has let me down on more than one job interview. Employers(other than McDonald\'s and TacoBell) want people with stable immigration status (namely the Green Card). They don\'t like the part that asylee status can be revoked when political conditions in the homecountry improves. Some companies would ask me my ability to travel to countries outside of the U.S. When I mention the RTD and Advance Parole etc. they will look at me as if I\'m talking in some alien language. Of course they don\'t turn me down based on those reasons (Can you say "discrimination" law suit?), but you know those reasons sometimes play important role in getting a job.
Also I believe that recent changes in the top ranks of the immigration department is delaying the policy changes (they had two temporary commissionaires replaced since Dorris Messiner left). It will take awhile for the new Commissionaire Rooney to become familiar with problems etc. Looking on the bright side though, Rooney\'s last position was in the UNHCR ( UN High Commission for Refugees). So we can expect some sympathy for asylees from him.
Anywho...that ridiculously outdated quota system needs to be changed.
No Title
Dear friend Jack,
That is exactly right. I have also had the same experience in job interviews, not counting those job openings for which I couldn\'t apply because employer requires GC with no expiration date. Not counting that when you travel abroad Immigration officers are not aware of what is the RTD issued for, instead they ask details about your case (even though they are not supposed to)and finally ask for your homecountry passport and stamp on it. Not counting the fact of being every year filing EAD, RTD, AP, etc. and dealing with continuous changes in processing procedures and the agony of not getting the documents on time.
I am also aware of those changes in the top ranks of INS, and hope everything will come better for us from now on. But, this is more a wish rather than an expectation.
Good to know people like you, that are open to share their experiences.
Best regards
Dear friend Jack,
That is exactly right. I have also had the same experience in job interviews, not counting those job openings for which I couldn\'t apply because employer requires GC with no expiration date. Not counting that when you travel abroad Immigration officers are not aware of what is the RTD issued for, instead they ask details about your case (even though they are not supposed to)and finally ask for your homecountry passport and stamp on it. Not counting the fact of being every year filing EAD, RTD, AP, etc. and dealing with continuous changes in processing procedures and the agony of not getting the documents on time.
I am also aware of those changes in the top ranks of INS, and hope everything will come better for us from now on. But, this is more a wish rather than an expectation.
Good to know people like you, that are open to share their experiences.
Best regards
No Title
Hi! Alanpero
I just had one quick questions. What kind of stamp on the passport you are talking about? Do they stamp your passport which indicate that you are an asylee? I mean after stamp on passport, can one tell after seeing the passport that you have taken an asylum?
Also can you tell me if you Green Card has any code or number that can indicate that you are an asylee. Generally Green Card doesn\'t have any indication except alien number. Please highlight these points.
Thanks
Hi! Alanpero
I just had one quick questions. What kind of stamp on the passport you are talking about? Do they stamp your passport which indicate that you are an asylee? I mean after stamp on passport, can one tell after seeing the passport that you have taken an asylum?
Also can you tell me if you Green Card has any code or number that can indicate that you are an asylee. Generally Green Card doesn\'t have any indication except alien number. Please highlight these points.
Thanks
Jack Archer
Registered Users (C)
No Title
Hi Alanpero,
How do they indicate this on the GC? Is it just a serial number that only immigration officers ( and immigration experts) can tell or clear english words "Asylee/Refugee"?
Thanks
Hi Alanpero,
How do they indicate this on the GC? Is it just a serial number that only immigration officers ( and immigration experts) can tell or clear english words "Asylee/Refugee"?
Thanks
Jack Archer
Registered Users (C)
No Title
Disclaimer: I am not a layer. What I post in this board are strictly my opinions. If you want a good legal advise please talk to a well qualified immigration layer.
Hi Besa,
I strongly advise that you consult your case to a lawyer. Before you go to a lawyer please read Asylum Overview at the USINS web site
http://www.ins.usdoj.gov/graphics/services/asylum/overview.htm
I am NOT a qualified asylum lawyer to give you legal advise. But to state my opinion, asylum is given to peolple whose lives are threatened (yes, nothing less than a life threatening situation) by politically oppressive regimes because of their political/religious believes, group affiliation to a particular religious/ethnic/political group,..etc. It is the asylum applicants burden to prove the "well founded fear" that he or she will be persecuted when that person returns to his/her homecountry.
I suggest you go read the Asylum Overview first:
http://www.ins.usdoj.gov/graphics/services/asylum/overview.htm
If you think the criteria described in that overview fits you then collect all the evidence that supports your story and go see a well qualified asylum lawyer. I can give you a shadow hint of who will play which role in a typical Asylum Interview:
YOU the asylum applicant is the key player. You must know your own story, collect all the relevant evidence (photographs, newspaper articles, NGO reports etc). Most of all you must be able to prove that your life will be in danger when you return home.
You can bring one interpreter to the interview if you are not fluent in English.
The interpreter\'s role is to translate the immigration asylum interview officer\'s questions to your native language and your answers into English. This role is IMPORTANT. Language misinterpretations can lead to wrong conclusions etc.
An immigration lawyer who specializes in asylum law. The lawyer\'s role is to convert your story into legal terms (i.e You say cuts and bruises, the lawyer says "evidences of police brutality"
. So don\'t expect him to do all your homework (collecting papaer work and other evidences) for you. In my opinion the lawyer\'s presence will give you better confidence during the interview because he will also be monitoring the interviewing immigration officer; that he doesn\'t ask you the questions that steps out of the boundary of law.
If the Asylum office (most INS offices have seperate Asylum departments now) finds that you have proved the well founded fears of persecution they will grant you asylum. If not they will reject your case and explain in the rejection letter.
If you got your case approved you can apply for change of status I-485 (Green Card) after one year.
The terms, legal jargon invloved and the language usage in the asylum law are VERY complex. So please consult your case with a lawyer.
I understand that there is also a quota on the number of asylee cases granted every year. So I would like to ask folks not to apply asylum to get college tuition discounts etc because you may be robbing a more deserving person of his life (although it\'s not my role to say who deservers it and who doesn\'t).
No lawyer or an individual will guarantee that you will get your case approved or rejected. It is all combination of good presentation, quality and authenticity of the evidences you submit, and some luck
But most important of all asylum is all about proving "well founded fear" of persecution upon returning home.
Disclaimer: I am not a layer. What I post in this board are strictly my opinions. If you want a good legal advise please talk to a well qualified immigration layer.
Hi Besa,
I strongly advise that you consult your case to a lawyer. Before you go to a lawyer please read Asylum Overview at the USINS web site
http://www.ins.usdoj.gov/graphics/services/asylum/overview.htm
I am NOT a qualified asylum lawyer to give you legal advise. But to state my opinion, asylum is given to peolple whose lives are threatened (yes, nothing less than a life threatening situation) by politically oppressive regimes because of their political/religious believes, group affiliation to a particular religious/ethnic/political group,..etc. It is the asylum applicants burden to prove the "well founded fear" that he or she will be persecuted when that person returns to his/her homecountry.
I suggest you go read the Asylum Overview first:
http://www.ins.usdoj.gov/graphics/services/asylum/overview.htm
If you think the criteria described in that overview fits you then collect all the evidence that supports your story and go see a well qualified asylum lawyer. I can give you a shadow hint of who will play which role in a typical Asylum Interview:
YOU the asylum applicant is the key player. You must know your own story, collect all the relevant evidence (photographs, newspaper articles, NGO reports etc). Most of all you must be able to prove that your life will be in danger when you return home.
You can bring one interpreter to the interview if you are not fluent in English.
The interpreter\'s role is to translate the immigration asylum interview officer\'s questions to your native language and your answers into English. This role is IMPORTANT. Language misinterpretations can lead to wrong conclusions etc.
An immigration lawyer who specializes in asylum law. The lawyer\'s role is to convert your story into legal terms (i.e You say cuts and bruises, the lawyer says "evidences of police brutality"
. So don\'t expect him to do all your homework (collecting papaer work and other evidences) for you. In my opinion the lawyer\'s presence will give you better confidence during the interview because he will also be monitoring the interviewing immigration officer; that he doesn\'t ask you the questions that steps out of the boundary of law. If the Asylum office (most INS offices have seperate Asylum departments now) finds that you have proved the well founded fears of persecution they will grant you asylum. If not they will reject your case and explain in the rejection letter.
If you got your case approved you can apply for change of status I-485 (Green Card) after one year.
The terms, legal jargon invloved and the language usage in the asylum law are VERY complex. So please consult your case with a lawyer.
I understand that there is also a quota on the number of asylee cases granted every year. So I would like to ask folks not to apply asylum to get college tuition discounts etc because you may be robbing a more deserving person of his life (although it\'s not my role to say who deservers it and who doesn\'t).
No lawyer or an individual will guarantee that you will get your case approved or rejected. It is all combination of good presentation, quality and authenticity of the evidences you submit, and some luck
But most important of all asylum is all about proving "well founded fear" of persecution upon returning home.
Jack Archer
Registered Users (C)
No Title
Your passport is not issued by the USINS. Passport renewal issue should be checked with the consulate office of the country that issued your passport.
It is just my opinion that if the Consulate allows you to renew your passport then presumably you are safe to return to your country. And that might become a questionable issue for the INS. These are just my opinions.
Your passport is not issued by the USINS. Passport renewal issue should be checked with the consulate office of the country that issued your passport.
It is just my opinion that if the Consulate allows you to renew your passport then presumably you are safe to return to your country. And that might become a questionable issue for the INS. These are just my opinions.
Jack Archer
Registered Users (C)
No Title
How much longer an asylee has to wait to file for naturalization after INS stamps on his/her passport? (I-485 approval).
Thanks
How much longer an asylee has to wait to file for naturalization after INS stamps on his/her passport? (I-485 approval).
Thanks