Waiting Asylum decision

lifesgood said:
hi. can i move to different state for work purposes eventhough my asylum in pending??
the place i applied to another place..
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yes you can.
If you have not already been interviewed. it is not a good idea to move, because it will delay your asylum decision.

Are you working with asylum EAD or OPT?
 
lifesgood said:
Asylum ead . done with interview. What do you think??
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I've heard that if you have had your interview, the AO will judge your case and it won't be transferred to a new office. But you should consult with other people who have actually experienced this
 
7of9 said:
Interesting numbers. This report provides really great insights. Some of the stuff I have learnt from reading it -


  2. One Year deadline -
    a) When you file your case after the 1-year deadline, tough luck. You can't win affirmative asylum - officers refer your case to immigration court always
    b) So there is nothing to see here, just another data point for you to understand that you need to file your case fast before the 1-year deadline
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My brother applied for asylum after the 1-year deadline, but he had new circumstances in his life and his country qualifying him to apply for asylum after the 1-year deadline and all these new circumstances were not exist before his 1-year deadline. Do you think this enough to excuse him for applying after the deadline or he will be referred to the court for that reason?!

This is his timeline
Applied in Chicago at the end of 2015
Interview Oct 2019
Still waiting for a decision.
 
Asylum seeker said:

My brother applied for asylum after the 1-year deadline, but he had new circumstances in his life and his country qualifying him to apply for asylum after the 1-year deadline and all these new circumstances were not exist before his 1-year deadline. Do you think this enough to excuse him for applying after the deadline or he will be referred to the court for that reason?!

This is his timeline
Applied in Chicago at the end of 2015
Interview Oct 2019
Still waiting for a decision.
Click to expand...
1. Affirmative Asylum - When you apply after 1 year deadline, officers don't tend to accept the facts/reasons for late application submission. In fact, officers use failure to submit the application as an excuse not to review the application: instead of the review, they automatically refer the case to immigration court. Even if you have compelling reasons, officers seem to always refer cases to immigration court for all applications filed after the one year deadline.
2. Immigration Court - Filling after one year deadline doesn't matter.

So, I don't they asylum officer will spend time reviewing or accepting them. He will probably be referred to court.
 
Asylum seeker said:

My brother applied for asylum after the 1-year deadline, but he had new circumstances in his life and his country qualifying him to apply for asylum after the 1-year deadline and all these new circumstances were not exist before his 1-year deadline. Do you think this enough to excuse him for applying after the deadline or he will be referred to the court for that reason?!

This is his timeline
Applied in Chicago at the end of 2015
Interview Oct 2019
Still waiting for a decision.
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I do not think applying after 1 year cause to refer case to the court. I know a few cases from travel ban countries filed after 1 year deadline and approved recently in less then 2 years after filing.
Keep waiting. I applied in 2018 and interviewed early january 2019 and still waiting. Seems the background checks are the reason for delaying the cases. Although I know people from the same country got received their decision 6 months after the interview, they have different demographic info like sex, marriage and the duration they live in the US.
 
7of9 said:
1. Affirmative Asylum - When you apply after 1 year deadline, officers don't tend to accept the facts/reasons for late application submission. In fact, officers use failure to submit the application as an excuse not to review the application: instead of the review, they automatically refer the case to immigration court. Even if you have compelling reasons, officers seem to always refer cases to immigration court for all applications filed after the one year deadline.
2. Immigration Court - Filling after one year deadline doesn't matter.

So, I don't they asylum officer will spend time reviewing or accepting them. He will probably be referred to court.
Click to expand...
That's not true. If you were on legal non-immigrant status in the US for more than 1 year, this bar does not apply.

You can see lots people in the history of this forum who got approved by the AO, even though they were on F-1 status for years or even applied towards the end of their OPT. The logic is that the person was under US protection for years an did not need asylum. However, if you entered the US with a B1/B2 visa, that is not true because your visa is valid only for 6 months.

Also, if you have a "change of circumstance" while you lived in the US, the one-year won't be applicable to you. For example, you developed HIV while you were illegally living the US. The officer won't refer you to the court as long as you demonstrate the timely change of circumstance.

You're mistaken about the immigration court as well. If you failed to apply within the first year and you do not provide a compelling reason why you failed to do so, the IJ will not find ou eligible for asylum and they will only consider if you are eligible for "withholding of removal" which requires a higher burden of proof than asylum.

This is at least how the system works currently. It may have been different when you applied over a decade ago.
 
7of9 said:
Interesting numbers. This report provides really great insights. Some of the stuff I have learnt from reading it -

  1. d) No Shows - Most people do not show up for their interviews, others actually cancel their interviews - This is super bad for people with genuine cases. These no shows/cancellations are evidence for officers to conclude that most asylum applications are actually frivolous applications. That is why they are skeptical of claims by people who actually show up. What a shame ->>>> What happens next when NO Show?

  2. One Year deadline -
    a) When you file your case after the 1-year deadline, tough luck. You can't win affirmative asylum - officers refer your case to immigration court always
    b) So there is nothing to see here, just another data point for you to understand that you need to file your case fast before the 1 year deadline --->>>> Heard that once its in court, they're treated same (under 1 year or beyond 1 year cases). Is it right?

  3. Chicago -
    a) Chicago, Miami, NYC, Newark, San Francisco accounted for more than 77% of cases in Sept 2019
    b) This just confirms what we already know. If your case is under the jurisdiction of these places, tough luck. You will wait longer.
    c) I went through the Chicago office, compared to other places like Miami, NYC, Chicago is better, but still not good
    d) Boston is your best place to file --->>> Why you think so; any facts?
    e) Basically, there are no approvals in NYC. What a shame - means you need to present a solid case, with the help of lawyers. You can't win the case here if you file by yourself.

  4. Revocations -
    if the case was approved affirmatively -->>> Pls tell me more


  6. Backlog
    a) Do not file in NYC - the backlog there is out of control
    b) Consider moving if you can. New Orleans has the smallest backlog -->>> How about the approval rate of New Orleans? How Can we see backlog of these offices? How to see what city falls under which office; for Ex; Oklahoma City, OK?
The above statements are for data in September 2019. But I would imagine they hold across dates....
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You're pillar of this group! Big Thanks for all the help!!
Pls reply to Few in-line question...whatever you can :)
 
7of9 said:
1. Affirmative Asylum - When you apply after 1 year deadline, officers don't tend to accept the facts/reasons for late application submission. In fact, officers use failure to submit the application as an excuse not to review the application: instead of the review, they automatically refer the case to immigration court. Even if you have compelling reasons, officers seem to always refer cases to immigration court for all applications filed after the one year deadline.
2. Immigration Court - Filling after one year deadline doesn't matter.

So, I don't they asylum officer will spend time reviewing or accepting them. He will probably be referred to court.
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So, what i get from this...Filing within one year deadline has one big advantage that you get reviewed at interview too rahter than straight at court. I think, they're no different once in court. Pls correct me if my understanding is wrong
 
msv5450 said:
That's not true. If you were on legal non-immigrant status in the US for more than 1 year, this bar does not apply.

You can see lots people in the history of this forum who got approved by the AO, even though they were on F-1 status for years or even applied towards the end of their OPT. The logic is that the person was under US protection for years an did not need asylum. However, if you entered the US with a B1/B2 visa, that is not true because your visa is valid only for 6 months.

Also, if you have a "change of circumstance" while you lived in the US, the one-year won't be applicable to you. For example, you developed HIV while you were illegally living the US. The officer won't refer you to the court as long as you demonstrate the timely change of circumstance.

You're mistaken about the immigration court as well. If you failed to apply within the first year and you do not provide a compelling reason why you failed to do so, the IJ will not find ou eligible for asylum and they will only consider if you are eligible for "withholding of removal" which requires a higher burden of proof than asylum.

This is at least how the system works currently. It may have been different when you applied over a decade ago.
Click to expand...
1. September 2019: Total court referrals: 1759. Filling Deadline referrals: 1124 out of 1759 = 63.899% cases sent to immigration court because they were submitted 1-year after deadline.
2. August 2019: 1294 out of 1725 = 75% cases sent to immigration court because they were submitted 1-year after deadline.
3. July 2019: 91% cases sent to immigration court because they were submitted 1-year after deadline.
4. June 2019: 77.24% cases sent to immigration court because they were submitted 1-year after deadline.
5. May 2019: 94.736%

This graph might help:

1579746225141.png


My point? Officers almost always refer cases filled after 1-year deadline to immigration court. I don't know, but that is what the data shows. This is not my opinion, i'm just interpreting the data as presented by USCIS.
 
7of9 said:
1. September 2019: Total court referrals: 1759. Filling Deadline referrals: 1124 out of 1759 = 63.899% cases sent to immigration court because they were submitted 1-year after deadline.
2. August 2019: 1294 out of 1725 = 75% cases sent to immigration court because they were submitted 1-year after deadline.
3. July 2019: 91% cases sent to immigration court because they were submitted 1-year after deadline.
4. June 2019: 77.24% cases sent to immigration court because they were submitted 1-year after deadline.
5. May 2019: 94.736%

This graph might help:

View attachment 1444


My point? Officers almost always refer cases filled after 1-year deadline to immigration court. I don't know, but that is what the data shows. This is not my opinion, i'm just interpreting the data as presented by USCIS.
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You’re wrong that AO officers send all asylum seekers to IJ if they apply after one year deadline. If you’re in status one year rule doesn’t apply to you, only if you’re out of status.
 
BetterWorld said:
You're pillar of this group! Big Thanks for all the help!!
Pls reply to Few in-line question...whatever you can :)
Click to expand...
1. No shows: a) if you are in status, USCIS closes your asylum claim file. b) if you are out of status, you are referred to immigration court. If you do not show up in court, the judge always enters a deportation order against you. Most of the 12 million undocumnted people with pending deportation orders fall into this category: they were ordered deported in absentia.
2. Correct, 1-year deadline only applies to affirmative asylum. Immigration court doesn't care about the one year deadline.
3. Boston consistently has fewer cases being filled. So, there is less waiting there compared to other places like NYC. But of course, you have to also consider approval rates. Boston doesn't have a good rate for asylum approvals
4. Great question: USCIS doesn't have the resources to 'reopen' cases approved by the immigration court: When your case is decided by the immigration court, the govt is given the standard 30 days to file a motion to appeal the court decision. If no appeal is filled, the govt. can't show 5 years later and try to reopen the case for whatever reason, as that is considered 'malicious prosecution.' However, for affirmative granted cases, typically USCIS/EOIR doesn't have to go through hoops to revoke your asylum grant...they just can reopen the file and revoke your status - easy.
5. I think there is a map showing jurisdiction. I don't have it. Your questions here require additional digging
 
timkh said:
You’re wrong that AO officers send all asylum seekers to IJ if they apply after one year deadline. If you’re in status one year rule doesn’t apply to you, only if you’re out of status.
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You are not reading the data correctly.

1124 out of 1759 = 63.899% cases sent to immigration court because they were submitted 1-year after deadline. This means 34 percent were sent to immigration court because of other reasons. This data is only for court referrals. Of course, in September, people were given asylum, even if they filled after 1 year. I think you need to understand the data first before you start arguing. Thanks.
 
7of9 said:
You are not reading the data correctly.

1124 out of 1759 = 63.899% cases sent to immigration court because they were submitted 1-year after deadline. This means 34 percent were sent to immigration court because of other reasons. This data is only for court referrals. Of course, in September, people were given asylum, even if they filled after 1 year. I think you need to understand the data first before you start arguing. Thanks.
Click to expand...

I think you have to clarify when you give some insights and informations about “one year rule”.

This is what you wrote:
“ 1. Affirmative Asylum - When you apply after 1 year deadline, officers don't tend to accept the facts/reasons for late application submission. In fact, officers use failure to submit the application as an excuse not to review the application: instead of the review, they automatically refer the case to immigration court. Even if you have compelling reasons, officers seem to always refer cases to immigration court for all applications filed after the one year deadline.”

Did you clarify that this 1 year rule doesn’t applies to those who in status and applied after one year (F-1, OPT)? I can’t find this in your writings.

Let me tell you one example - about myself. I applied in second year of living in the US and when I was finishing my advanced degree, and I was in status. I was in status when I applied for about 3 months, and during these 3 months I didn’t receive anything from Asylum Officer. Then my status ended but I still have pending asylum case, and IF in some moment my case will be referred to IJ(which I hope won’t happen) then the reason most likely will be different than “one year rule”. It could be anything like there’s “no future harm”, or “case inconsistency” or something else. This is what I’m talking about.
There’s those who applied for asylum after one year rule and still/was in status AND there’s those who applied after one year rule while being out of status.
 
timkh said:
I think you have to clarify when you give some insights and informations about “one year rule”.

This is what you wrote:
“ 1. Affirmative Asylum - When you apply after 1 year deadline, officers don't tend to accept the facts/reasons for late application submission. In fact, officers use failure to submit the application as an excuse not to review the application: instead of the review, they automatically refer the case to immigration court. Even if you have compelling reasons, officers seem to always refer cases to immigration court for all applications filed after the one year deadline.”

Did you clarify that this 1 year rule doesn’t applies to those who in status and applied after one year (F-1, OPT)? I can’t find this in your writings.

Let me tell you one example - about myself. I applied in second year of living in the US and when I was finishing my advanced degree, and I was in status. I was in status when I applied for about 3 months, and during these 3 months I didn’t receive anything from Asylum Officer. Then my status ended but I still have pending asylum case, and IF in some moment my case will be referred to IJ(which I hope won’t happen) then the reason most likely will be different than “one year rule”. It could be anything like there’s “no future harm”, or “case inconsistency” or something else. This is what I’m talking about.
There’s those who applied for asylum after one year rule and still/was in status AND there’s those who applied after one year rule while being out of status.
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Even if you had applied after losing your status, you'd still be fine.

Here is the source

If you are applying affirmatively (on your own initiative, not in deportation proceedings), USCIS must receive your application on the one-year anniversary of your last entry into the United States or the expiration of your status.
 
Hello guys so I received family support ”money” to Survive here I work for a few months like 3 and my job took the tax from my salary automatically
So my question should I pay tax on my family support money that I am receiving or no? Some people said no since this is not considering as working some said you have to pay tax for that! But really if I pay tax for it I may end up in the street!!
Please I need help
Thank you
 
Adamd said:
Hello guys so I received family support ”money” to Survive here I work for a few months like 3 and my job took the tax from my salary automatically
So my question should I pay tax on my family support money that I am receiving or no? Some people said no since this is not considering as working some said you have to pay tax for that! But really if I pay tax for it I may end up in the street!!
Please I need help
Thank you
Click to expand...
I think any money that has been given to you as gift, as opposed to compensation for your work, is exempt from tax.
Be careful with paying your taxes. They check it for naturalization.
 
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