MEMORANDUM
To: Individuals recently granted political asylum
From: Immigrant Rights Program, American Friends Service Committee NYMRO
Date: May 10, 2004
Re: 12 Ways to Help Your Asylee Client
This memo seeks to outline the steps that you can do as a recently granted asylee to become self-sufficient as quickly as possible. As a refugee, you have a particular need for documentation, which is not easy to obtain in the post 9/11 world. Below are some suggestions on what you can do. See the attached checklist of steps in chronological order. Please note that the order of these steps may change with new bureaucratic developments.
1. Check your USCIS/EOIR documents: Before and immediately after the final hearing
Check that the USCIS, ICE and EOIR have the same spelling and order of names that you put on your application (I-589). When you are granted asylum, USCIS/ICE will only issue documents that match the judge’s decision or asylum decision. If these are not correct, you’ll have to correct these first.
A. While the case is pending in court, check the spelling and name order of your name on the EOIR hotline: 1-800-898-7180. The last name is spelled first and is followed by the first name.
B. When you’re in Immigration Court or the Asylum Office, check the spelling and order of your name.
C. Check for mistakes on the I-94 (a white card with asylee’s name handwritten on it).
· If you are granted asylum while in detention, you will receive an I-94 from ICE if you are released.
· If you were seen in the Asylum Office or in immigration court, you will receive a written decision on your case and they will mail an I-94 to you. In New York, go to the Deportation office at 26 Federal Plaza, 9th floor, in Manhattan.
Unfortunately sometimes ICE Deportation Officers make mistakes on I-94s. Here are a few common mistakes and suggestions on how to correct them:
Expiring validity: All asylee I-94s should be valid INDEFINITELY. If the card has an expiration date, this is wrong and can cause problems later. You may need to write and/or speak to a supervisor to have this corrected.
Name spelling: Show the asylum/judge’s decision with the correct spelling to the deportation officer.
Name order (i.e. family or father’s name should be on the top line and the given name on the bottom line): Show the asylum/judge’s decision with the correct name order to the deportation officer. On the judge’s decision, the last name is first and separated from the first name by a comma.
Birth date: On the I-94, birth dates are listed DAY, month, year (opposite of the American system). Check that the date is correct. Sometimes the ICE/USCIS refuses to accept the birth date submitted on the asylum application (I-589) and they might use a birth date from other documents. To correct this, they may require a birth certificate. You can argue that the judge agreed with all the facts submitted on the asylum application INCLUDING the birth date.
Country: Sometimes the Deportation officer will list your country as the one listed on any travel documents that you used to enter the US. You can argue that the judge agreed with all the facts submitted on the asylum application BECAUSE the client is from a certain country.
** Ensure changes in the computer system:
Make sure and ask the deportation officer that any changes made to the I-94 are also made in the ICE/USCIS computer record (CIS and/or DACS). You might need to write a short letter to remind them to do this. This step will help later when the client applies for a work permit (see below).
Use the ‘Chain of Command’:
If the deportation officer you contact is unwilling to address these mistakes, you may need to write a letter to his/her supervisor. If this supervisor is unwilling to assist, you can then write to the director of the ICE district’s Deportation Office.
Contact numbers for ICE Deportation officers at
· The Elizabeth Detention Center: 973-622-7157
· The Hemisphere Center in Newark: 973-645-3666, 973-645-2414, 973-645-5957
· The Queens Detention Center: 718-553-5420
· 26 Federal Plaza in Manhattan: 212-264-5854
2. Employment Authorization Document (EAD): 3-7 days after asylum grant
As an asylee, you are entitled to work in the US incident to your status (because you have asylum). In order to work in the US, you need documents that prove your eligibility to work. See page 3 on this website to see the list of acceptable documents (I-9): http://www.immigration.gov/graphics/formsfee/forms/files/i-9.pdf
The fastest way for you to start working is to get an UNRESTRICTED Social Security Card (on the I-9, Column C #1) and a state identification card (Column B #2). See next section, number 3, below on Social Security Cards.
You do not necessarily need a work permit (EAD for ‘Employment Authorization Document’). There is currently debate between agencies about whether or not asylees should apply for EADs.
Pros:
· Since September 11th, asylees often find they need as much documentation as possible, especially in finding a job.
· The Department of Motor Vehicles (DMV or MVS) in many states requires an EAD to get a driver’s license, particularly since asylees often don’t have passports.
Cons:
· It is not really necessary to wait for an EAD since a SSN card and another form of ID (like a state ID or driver’s license) are enough to meet the requirements of the I-9 (see above).
· An EAD expires within one year and clients often forget to renew them. Ill-informed employers sometimes fire or suspend asylees until they renew it. This is not correct but sometimes happens. See employment issues heading below.
Since the passage of the Border Security Act in 2001, asylees can now apply for their first EAD within the district they were granted asylum. The first time an asylee applies for an EAD, there is no fee. Here’s how to get an EAD for asylees:
A. Depending on where you was granted asylum, they will receive their EAD in different locations.
· If you was granted asylum at an asylum office, you should receive their EAD in that office when you go to get the results of their interview.
· If you were granted asylum while in detention or in immigration court…
o …in New Jersey, you should go to the USCIS in the Federal Building, 970 Broad Street in Newark. You should get there well before 7:00 a.m.
o …in New York, you will likely be given an appointment to go to the USCIS office at 26 Federal Plaza (Broadway at Worth Street) in Manhattan.
B. Make sure you take the original judge’s decision, I-94 and any other form of identification. It might be helpful to get a cover letter from your lawyer or a social services organization.
· If you are relocating outside the NY metro area to reunite with family and friends, we recommend that you apply for your EAD to the USCIS Nebraska Service Center. (In theory, you could apply for an EAD in the USCIS district they move to. USCIS might need the client’s file. Transferring the file between districts could substantially lengthen the process). DO THIS RIGHT AWAY SINCE IT CAN TAKE MORE THAN 90 DAYS TO RECEIVE.
A. To apply, fill out form I-765
B. And fill out a G-28.
C. Include two photos (show a three-quarter front profile of the right side of face with right ear visible, see form instructions) with your name and A number written in pencil on the back
D. Include a copy of the judge’s decision and I-94.
E. A cover letter, including the statement INITIAL APPLICATION PURSUANT TO a(5) NO FEE REQUIRED (to avoid applications being kicked back).
F. Make copies before you send it.
G. Mail registered/return receipt requested to (All asylee applications are sent to this office):
USCIS Nebraska Service Center
P.O. Box 87765
Lincoln, NE 68501-7765
H. You can check the status of your application on-line at: http://www.immigration.gov, under “Immigration Services and Benefits”, then “National Service Center” and then “Case Status On-line”. Input the receipt number from your USCIS letter. If you need more information, you can call the Nebraska Service Center at 420.323.7830. Be prepared to use the redial button on your telephone: it can take a while to get through to a representative.
** When you receive their EAD, be sure to check if the Name spelling, the Name order, Birth Date, INA section (‘A05’) and the Country of Origin are all correct.
3. Cash Assistance/ Match Grant: 1-10 days after asylum grant
While you are looking for work, you may need some financial assistance.
In 2001, the federal Office of Refugee Resettlement clarified that asylees are eligible for refugee assistance programs and public benefits (Food Stamps, Medicaid and Cash Assistance) beginning from the date their asylum status was granted. An alternative to welfare is the Match Grant program at local refugee resettlement organizations. These programs assist asylees with finding employment in the first 120 days after their asylum grant. BE CAREFUL: Asylees must sign up in the first 30 days after their asylum grant.
· If you stay in the metropolitan New York City area, we have listed some agencies below (see page 11).
· If you go to live somewhere else in the US, tell you to call (or help you call) the national Asylee Information and Referral Hotline: 1-800-354-0365 between 9:00 am and 6:00 pm E.S.T. to find the closest refugee resettlement agency. The Asylee Line is multilingual and prefers that asylees call for themselves. For more information, see http://www.acf.dhhs.gov/programs/orr/policy/sl01-18.htm
The refugee resettlement agency can help you access welfare benefits, find employment, learn English, etc.
4. Social Security Administration (SSA): 7-10 days after asylum grant
A. Wait 7-10 days after you receive your EAD (or granted asylum if you choose not to get an EAD) to give the Immigration Court and USCIS/ICE enough time to enter the court decision in the computer system (DACS/CIS). Go to a SSA office. To find the closest Social Security Office, see this website: http://s3abaca.ssa.gov/pro/fol/fol-home.html and use the closest zip code.
BE CAREFUL, though, that you send them to a well-informed Social Security Office.
We recommend
SSA, 686 Nye Ave (@ Lincoln Place), Irvington, NJ 07111, Buses: 25 and 94.
SSA Restoration Plaza, 1196 Fulton Street, Brooklyn, NY 11216 , Subway: C to Franklin Avenue.
· Take your I-94 AND/OR Court Order (Judge’s decision).
· Take a copy of this memo to show SSA so that the SSA office is aware of the new policy that was enacted in 2001: http://www.acf.dhhs.gov/programs/orr/policy/ssnasylee.htm
B. After you submit their application, you MUST receive a receipt from SSA. If you do not receive a receipt, your application was not accepted or processed. A week to ten days later you should receive your SSN card. The card should look just like a US citizen’s card; there should be NO restriction on the card (i.e. it should NOT read “Valid For Work Only with INS Authorization”).
If SSA cannot find information about you in the computer system (SAVE) or the EOIR hotline, they will write to the USCIS and ask for written verification. This could take several months (90-120 days).
Sometimes SSA staff do not understand the legal language on the EOIR hotline and may need to be informed by you. For example, if someone calls the EOIR hotline and presses #3 for decision information, it may say “The judge granted relief on your case”. It may not be clear to SSA that this means ‘relief from deportation’ and a grant of asylum. SSA should not do this written verification for everyone, however. This is why it is important to wait ten days before you go to ensure that the computer system has updated information.
With severe delays or problems, it may help to contact the SSA regional supervisor through a referral from the Office of Refugee Resettlement. Contact Will Coley at American Friends Service Committee for help, tel: 973-643-1924 ext 31 or
** C. If you are male and aged between 18 and 25 years old, you must apply for Selective Service once they receive their Social Security Card. This does not mean you are being drafted. You are required by law to register. For more information, see website: www.sss.gov/default.htm It is possible to register on-line but if their Social Security Number is not recognized, you can also print out the application from the website, (http://www4.sss.gov/regver/sssRegform.pdf) and mail it in.
5. Motor Vehicles Identification Card: 7-10 days after asylum grant (or when asylee receives SSN card)
Once you have a SSN card, you can go to the DMV to get an identification card. Due to changes since September 11, 2001, many states have made many changes in the process to receive identification cards. For example, New Jersey officially says that it no longer allows noncitizens to receive ID cards, although advocates are working to change this policy. It may be necessary for you to apply for a driver’s license.
In New Jersey, you should go to the Jersey City Motor Vehicles Commission (MVC) and take a cover letter from your lawyer or refugee agency. You can get a copy of a memo from MVS to include with your letter from Will Coley at American Friends Service Committee, 973-643-1924 ext 31. For more information, see http://www.state.nj.us/mvs
In New York, it’s likely to be easier for you to get the DMV card if they get the help of a resettlement agency. The DMV requires documentation to prove identity and date of birth. A variety of documents are accepted by the DMV and each type of document is assigned a point value (‘six ‘points’ to receive an identification card). A letter from a resettlement agency, attesting to your identity, can supplement the other documents you have in order to meet the total point requirements. For more detailed information on documentation requirements, see http://www.nysdmv.com/idlicense.htm
A Certificate of Identity from an agency such as Catholic Charities (see contact information below) is accepted as THREE points at these two DMV offices in Manhattan:
· Harlem NYSDMV Office, 2110 Adam Clayton Powell Jr. Blvd (between 125th and 126th Streets), New York City (Subways A, C, D, 2, 3 to 125th St)
· Herald Square NYSDMV Office, 1293-1311 Broadway, 8th floor (between West 33rd and West 34th Streets), New York City (Subways A,C, D, E, B, D, F, N,Q, R, 1, 2, 2, to 34th Street).
For information on New York DMV, see www.nysdmv.com
6. Staying in touch with you: E-mail!
During your first few years in the US, you may change addresses often or move where telephone service is sometimes suspended. In order to keep in touch about further immigration needs, AFSC assists asylees with opening free on-line e-mail accounts. No matter where you relocate, you can continue to check your e-mail in the public library or on friend’s computers. E-mail is also another way for you to maintain communication with your families overseas. We recommend Yahoo because it seems to have less junk mail than Hotmail. Remember to check your e-mail account on a regular basis otherwise it will be shut down.
7. Employment Issues
When you are looking for a job, you can give him/her materials that will help prove your authorization to work:
1. A copy of the I-9. Circle the documents that you possess: An UNRESTRICTED Social Security Card (Column C #1) and a state identification card (Column B #2).
http://www.immigration.gov/graphics/formsfee/forms/files/i-9.pdf
2. This memo from the Office of Refugee Resettlement on asylees’ authorization to work:
http://www.acf.dhhs.gov/programs/orr/policy/oscj_lt.htm
3. See the recent USCIS memo HQCOU 90/15 on Employment Authorization of Aliens Granted Asylum. The March 10, 2003, field memo from William Yates, USCIS Acting Associate Director, Operations, and a June 17, 2002, opinion letter from the Deputy General Counsel of the then-INS, indicate that asylees and refugees are considered to be work-authorized incident to status, and thus not required to obtain employment authorization documents to work lawfully. According to the Yates memo, the regulations authorize issuance of an EAD to an asylee or refugee, if such authorization is needed to document the work-authorized status, but that status exists regardless of whether such a document is obtained. For AILA members, the memo and letter are available on InfoNet behind http://www.aila.org/infonet/recentDocViewer.aspx?bc=1761,307#9986
If you encounter problems proving their authorization to work, you and you can contact the Department of Justice – Office of Special Counsel for Immigration-Related Discrimination. Tel: 800-255-7688, http://www.usdoj.gov/crt/osc
8. Relative Petition: IMPORTANT: within the first 2 years after the grant of asylum
If you have a spouse or children overseas, they can petition the USCIS to allow them to come to the US. If you can prove their relationship, these family members will be given ‘derivative asylum’ and will be considered asylees. Your asylee client should do this within two years after being granted asylum. It can take up to a year to process.
To apply,
A. Fill out Form I-730 for each beneficiary
B. 2 photos of each beneficiary (front view is OK)
C. Copy of Asylum grant for Petitioner
D. Marriage Certificate and English language translation
E. Birth certificates and English language translations for each beneficiary, identifying asylee’s family relationship to spouse and children.
F. Make copies of everything.
G. Mail registered/return receipt requested to (All asylee applications are sent to this office):
USCIS Nebraska Service Center
P.O. Box 87730
Lincoln, NE 68501-7730
You can check the status of your application on-line at: http://www.immigration.gov, under “Immigration Services and Benefits”, then “National Service Center” and then “Case Status On-line”. Input the receipt number from your USCIS letter. If you need more information, you can call the Nebraska Service Center at 420.323.7830. Be prepared to use the redial button on your telephone: it can take a while to get through to a representative.
9. Refugee Travel Document
At some point, you may want to travel outside the US to visit friends or family.
(As an asylee, they CANNOT GO BACK TO THEIR COUNTRY OF ORIGIN.)
In order to travel anywhere outside the US (including Canada), they need a ‘refugee travel document’.
PLAN AHEAD! DON’T BUY YOUR PLAN TICKET UNTIL YOU HAVE THE TRAVEL DOCUMENT. In the past it usually took about 3 months to receive the Refugee Travel Document. Recently it has taken as much as six-seven months.
To apply,
A. Form I-131
B. USCIS filing fee of $110.00: a money order made out to the ‘Bureau of Citizenship and Immigration Services’
C. 2 photographs (side view)
D. Copies of Asylum approval notice and I-94 card
E. Make copies of everything.
F. Mail registered/return receipt requested to (All asylee applications are sent to this office):
USCIS Nebraska Service Center
P.O. Box 87131
Lincoln, NE 68501-7131
You can check the status of your application on-line at: http://www.immigration.gov, under “Immigration Services and Benefits”, then “National Service Center” and then “Case Status On-line”. Input the receipt number from your USCIS letter. If you need more information, you can call the Nebraska Service Center at 420.323.7830. Be prepared to use the redial button on your telephone: it can take a while to get through to a representative.
10. Renewing Employment Authorization Document: 9 months after grant of asylum
As mentioned above, one of the main problems with applying for an Employment Authorization Document is that it will expire. You need to remind you about this. If they choose to have an Employment Authorization Document, they must realize that this is something they must renew every year until they receive their Lawful Permanent Residency status.
The expiration date on EADs varies on each document but you should count on applying 3 months before it expires. Roughly this means 9 months from when they were granted asylum.
For your second (third, fourth, fifth…) EAD, they need to apply to the USCIS Nebraska Service Center but this time they must pay $120.
A. To apply, fill out form I-765
B. And fill out a G-28.
C. Include two photos (side view) with the client’s name and A number written in pencil on the back
D. Include a copy of the judge’s decision and I-94.
** E. Include a money order for $120.00 made payable to ‘Bureau of Citizenship and Immigration Services’
E. Make copies before you send it.
F. Mail registered/return receipt requested to (All asylee applications are sent to this office):
USCIS Nebraska Service Center
P.O. Box 87765
Lincoln, NE 68501-7765
G. You can check the status of your application on-line at: http://www.immigration.gov, under “Immigration Services and Benefits”, then “National Service Center” and then “Case Status On-line”. Input the receipt number from your USCIS letter. If you need more information, you can call the Nebraska Service Center at 420.323.7830. Be prepared to use the redial button on your telephone: it can take a while to get through to a representative.
** When you receive their EAD, be sure to check if the Name spelling, the Name order, Birth Date and the Country of Origin are all correct.
11. Lawful Permanent Residency (“Green Card”): begin process 11 months after grant of asylum
One year after winning asylum, asylees can apply for Legal Permanent Residency (a “Green Card”). Currently there is a cap on the number of asylees who can receive a ‘Green Card’. This means that asylees now must wait as much as 6-7 years (estimates vary) to receive their ‘Green Card’. Despite this, they should still go ahead and apply as soon as they are eligible.
To apply,
A. Form I-485
B. Form G 28
C. Form G-325A (biographical information)
D. Medical Examination Form (G-693)
E. USCIS filing fee of $255.00—Money Order made payable to ‘Bureau of Citizenship and Immigration
Services’
F. USCIS Fingerprinting fee of $50.00
G. 2 photos
H. Evidence of asylee status such as the following: I-94 departure record, employment authorization
card and social security card, order of the immigration judge or Asylum Office decision
I. Birth Certificate and English Language translation
J. Cover Letter
K. Make copies of everything.
L. Mail registered/return receipt requested to (All asylee applications are sent to this office):
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
M. Due to the cap on asylee applications, it will take several years for USCIS to contact you and you about an appointment for an ‘interview’.
12. Citizenship: 5 years after receiving Lawful Permanent Residency
It’s never too early to stress the importance of naturalization. Citizenship provides crucial protections for asylee and refugees, both legally and with regard to social safety nets. Citizenship protects you from deportation and also protects your eligibility for certain public benefits. In particular, unless a refugee or asylee naturalizes, eligibility for TANF (family cash assistance) ends after 5 years from status and eligibility for federally funded Medicaid and Supplemental Security Insurance (cash assistance for the aged and disabled) ends after 7 years from status*.
At present, it is estimated that it will take an asylee at least ten years to be eligible for citizenship. Due to this fact, recommend that you contact an immigration legal services agency if they have questions about their eligibility.
*New York State recently began providing State-funded Medicaid to residents of the State, regardless of years since status was granted, even after Federal funding ends.
More information/advice in New Jersey and New York
On issues in this memo:
· Will Coley, American Friends Service Committee, 972 Broad Street, Newark. Tel: 973.643.1924,
Emergency Housing Suggestions:
· Will Coley, American Friends Service Committee, 972 Broad Street, Newark. Tel: 973.643.1924
· Scot Wasmuth, International Institute of New Jersey: 880 Bergen Avenue, Jersey City. Tel: 201.653.3888 x 119
· Patricia O’Callahan, Catholic Charities, 1011 First Avenue, 12th fl, New York, Tel: 212.419.3726
Match Grant programs (cash assistance and JOB PLACMENT given by Resettlement Services as an alternative to welfare)
New Jersey
· Sowore Omoyle, Catholic Community Services: 220 Monsignor Kemezis Place, Elizabeth, NJ 07206-2101, Tel: (908) 351-2141
· Scot Wasmuth and Jacqueline Guillen, International Institute of New Jersey: 880 Bergen Avenue, Jersey City. Tel: 201.653.3888
· Ivan Schragen, Jewish Vocational Services: 111 Prospect St., East Orange, NJ. Tel:
973.674.3672
· Lutheran Family Services, Trenton, NJ, Tel: 609.393.4900
New York
· Megan Perlleshi, CAMBA: 884 Flatbush Avenue, Brooklyn, NY Tel: 718.282.2500
· Catholic Charities, 1011 First Avenue, 12th fl, New York, Tel: 212.419.3726/ 3772/ 3784
· International Rescue Committee: 122 E. 42nd St., New York. Tel: 212.551.3150
· NYANA, 17 Battery Place, New York, Tel: 212-425-5051
English classes
· Newark YMWCA, RightStart: 600 Broad Street, Newark, NJ. Tel: 973.624.8900
· The International Center: 50 W. 23rd Street, New York. Tel: 212.255.9555
· Literacy Assistance Center: 15 Dutch St., New York. Hotline: 212.803.3333
· Marymount College, IIC: The Grace Institute, 1233 2nd Ave, New York, Tel: 212.421.9538
· Riverside Church Adult Learning Center: 91 Claremont St, New York Tel: 212.662.3200
Mental Health
· Bellevue-NYU Program for Survivors of Torture: 27th St. & 1st Ave., Tel: 212.994.7171
· International Institute of New Jersey: 880 Bergen Avenue, Jersey City. Tel: 201.653.3888
· Solace: 74-07 39th Ave., Rm. 412, Jackson Heights, Queens. Tel: 718.899.1233
Other Assistance in Job Placement
· Hanac, Inc.: 23-16 30th Avenue, Astoria, Queens. Tel: 718.626.3232
· Marymount College, IIC: The Grace Institute, 1233 2nd Ave, NY, Tel: 212.421.9538