Update on my Wife's Colombian Friend with Asylum and a few Questions

[Neal Sandman]

My wife's friend came back with a new twist on her situation. She is being asked to leave her current residence to make way for a family member. Well, you can bet she is not moving to this city to live with us-not with Colombian drug lords threatening her life!

My wife reports that she got some advice from a lawyer that a copy of her social security card and/or green card will cost $325.00. I told my wife this couldn't be true since there is no cost for a social security card, and if she already has her green card it should not cost that much for a mere copy. Anyone have info on that? I said it is probably legal fees from the lawyer who said he would file the applications for her. Again, my advice, do it yourself-it is probably free, and the money you are paying is a legal fee.

The same attorney advised her she could work without a green card, provided she had worked without one previously. My advice on that? If she does she is on her way to losing the asylum Visa and getting deported.

Any and all input much appreciated.

Neal Sandman

[JimD]

Neal what do you mean "Colombian drug lords threatening her life!"? Why would they do that? Was she some kind of high end prepago to multiple drug lords? That seems unlikely since they´re pretty intolerant of promiscuity on the part of their pre-paids. Or did she "turn in" multiple drug lords to the authorities? That also sounds sketchy. Please fill us in on the situation since advice would vary according to circumstances.

[Neal Sandman]

No, nothing like that. As I said in my first post, her story is that she worked for the mayor of a large city as an office worker who she later found out was involved in the drug trade. He threatened her life and she was granted asylum to move to the USA. This happened 5-8 years ago. (Not the present mayor, I am sure.)

Oh, after posting this inquiry my wife spoke to her again, it seems the $325.00 is not for a green card, but is money she has to send her mother in Colombia. We are still a little unclear on some of the other details. How does she have a SS# if she is not a permanent resident or is she a permanent resident? Did she let her green card expire or did she loose it? etc.

Neal Sandman

[michaelb]

I think if they grant them asylum the also authorize them to work, therefore authorize the SS card. There is a form that authorizes them to work without necessarily being a permanent resident, I think it is form I-9. It wouldn't make sense to do it any other way, unless you want to authorize them to live here and NOT be allowed to work, then we (taxpayers) would have to support them.

[Neal Sandman]

Not exactly true. People with asylum can apply for a green card, but only after one year in the United States. They are not required to. Refugee seekers, however, are required to apply for a green card after one year.

This gives both asylees and refugees one year outside the traditional labor pool.

This does not mean that we take care of them, however, most Colombians with asylum, from what I understand, are forced into a very exploitative underground economy, similar to what my wife's friend is undergoing.

Neal Sandman

[Ray]

Not exactly true. People with asylum can apply for a green card, but only after one year in the United States. They are not required to. Refugee seekers, however, are required to apply for a green card after one year.

This gives both asylees and refugees one year outside the traditional labor pool.

This does not mean that we take care of them, however, most Colombians with asylum, from what I understand, are forced into a very exploitative underground economy, similar to what my wife's friend is undergoing.

Neal Sandman

Actually, michaelb was correct about the work authorization.

If granted asylum, you are authorized to work immediately and as long as you remain in asylum status. Also, you can apply for Employment Authorization after 150 days if a decision hasn’t been made yet on your asylum application, if you are granted conditional asylum, or have a recommended approval. You do not need a Green Card to work.

Refugees are allowed to work immediately upon arrival in the US.

Ray

[william3rd]

Actually, michaelb was correct about the work authorization.

If granted asylum, you are authorized to work immediately and as long as you remain in asylum status. Also, you can apply for Employment Authorization after 150 days if a decision hasn’t been made yet on your asylum application, if you are granted conditional asylum, or have a recommended approval. You do not need a Green Card to work.

Refugees are allowed to work immediately upon arrival in the US.

Ray

Yep-

The asylum office is pretty good about reaching their decision within 150 days. That way, they can get the alien into proceedings quickly. Then a new clock for work permits begins to run. Back in the 90s all an alien had to do was file asylum and get a magic work permit. Sometimes the asylum case went on for years with no interview. The alien could travel abroad, work, establish themselves. After 7 years, suspension of deportation was an option so they would turn themselves in and then abandon the fraudulent asylum claim.

[Dave H]

Neal what do you mean "Colombian drug lords threatening her life!"? Why would they do that?

That sounds like Miami! Maybe for breathing too loudly" I've had 2 "incidents!!!" Gracias a Dios...it pays to have a very generous and kind Madrina!   

[JimD]

Nothing wrong with assylum for people under threat of death in their own country but does it have to be the US? Why not a sort of lottery/rotation system amongst a consortium of first world countries?  Those who pull a #2 ticket out of the dispenser on Thursday go to Norway. Those with a #4 on Tuesday go to Germany and those with a 7 ticket on Thursday go to the Republic of California...

[Neal Sandman]

What you guys say may very well be true. The information I have says nothing about legally working without a green card. In fact, this is taken from the USCIS website:

"If you were admitted to the United States as a refugee or as a qualifying family member of an asylee, you are eligible to apply for permanent residence (a green card) 1 year after your entry into the United States. 

If you were granted asylum in the United States, you are eligible to apply for permanent residence 1 year after the grant of your asylum status.

As a refugee, you are required by law to apply for permanent resident status 1 year after being admitted to the United States in refugee status.  As an asylee, you are not required to apply for permanent resident status after being granted asylum for 1 year, although it may be in your best interest to do so."

So refugees and asylees have to wait at least one year before they can become permanent residents. That is green card status. My wife got her green card immediately. This does not address the work situation for temporary residents, which is the situation you guys bring up. I only looked at green card status because the situation is that the green card in question was lost or expired. Whether an asylee can work immediately upon entry is not the issue.

To be honest I am confused by her situation and think she may be lying to my wife. I will find out later what the truth of her situation is, but plan to have my wife hold her at arms length until we have a better understanding of her situation.