For the last few years, the “hot topic” in asylum has been the backlog–the very long delays caused by too many applicants and too few adjudicators. I recently wrote about the backlog at the Asylum Office and what can be done to expedite a case. One commenter suggested that I write a post about expediting cases in Immigration Court, and since I aim to please, here it is.
The first thing to note is that the backlog in Immigration Court is huge. According to recent data, there are over 542,000 cases pending in court (not all of these cases are asylum). The average wait time for a case in Immigration Court is 677 days. The slowest court is Colorado, where wait times average 994 days. That’s a long time, especially if you are separated from family members while your case is pending. For what it’s worth, I have previously written about some ideas for reducing the wait time in Immigration Court (you will be shocked to learn that EOIR has not yet contacted me to implement these ideas!).
Second, advancing a case is not easy. The Immigration Court Practice Manual, page 101, specifically notes that, “Motions to advance are disfavored.” The motion should “completely articulate the reasons for the request and the adverse consequences if the hearing date is not advanced.” Health problems or separation from family may good reasons to advance. I discuss these and other possible reasons here (the post relates to affirmative asylum cases, but the same logic applies).
Third, expediting a case in Immigration Court is not as straightforward as expediting a case at the Asylum Office. There are different approaches that you can take, depending on the posture of your case. For advancing a case (and for the case itself), it is very helpful to have the assistance of an attorney. Indeed, according to TRAC Immigration, 91% of unrepresented asylum applicants in Immigration Court have their cases denied (whether they get other relief, like Withholding of Removal, I do not know). If you can afford a lawyer (or find one for free), it will be to your benefit in expediting and winning your asylum case in court.
OK, before we get to the various approaches for advancing a court case, let’s start with a bit of background. A case commences in Immigration Court when the Notice to Appear–or NTA–is filed with the court. The NTA lists the reasons why the U.S. government believes it can deport (or, in the more bowdlerized parlance of our time, “remove”) someone from the United States. After the court receives the NTA, it schedules the alien for an initial hearing, called a Master Calendar Hearing (“MCH”). At the MCH, the alien–hopefully with the help of an attorney–tells the Immigration Judge (“IJ”) whether the allegations in the NTA are admitted or denied, and whether the alien agrees that he can be deported. In most asylum cases, the alien admits that he is deportable, and then informs the Judge that his defense to deportation is his claim for asylum. The IJ then schedules the alien for a Merits Hearing (also called an Individual Hearing), where the alien can present his application for asylum, and either receive asylum (or some other relief) or be ordered deported from the United States. Depending where in this process your case is, the procedures to expedite vary.
If you have the NTA, but the MCH is not yet scheduled: In some cases, the alien receives an NTA, but then waits many months before the MCH is scheduled. In this case, the delay usually lies with DHS (Department of Homeland Security), which issues the NTAs and files them with the Court, rather than with the Court itself. The Immigration Court has an automated number that you can call to check whether your case is scheduled for a hearing date. The phone number is 1-800-898-7180. Follow the prompts and enter your nine-digit Alien number (also called an “A number”). The system will tell you whether your case is scheduled and the date of the next hearing.
If the system indicates that your “A-number was not found,” this probably means that the NTA has not yet been submitted to the Court. Contact the local DHS/ICE Office of the Chief Counsel and talk to the attorney on duty. Perhaps that person can help get the NTA filed with the Court, so the case can begin.
If your A-number is in the system, but there is no MCH scheduled, contact the Immigration Court directly to ask the clerk for an update. If the Court has the case, it may be possible to file a motion (a formal request) to schedule the case. However, if an IJ is not yet assigned to the case, such a request may disappear into the void once it is filed. Most lawyers (including me) would generally not file a motion until a Judge is assigned, as it is probably a waste of time, but maybe it is possible to try this, if your lawyer is willing.
While you are waiting for the Court to docket your case (i.e., give you a court date), you can gather evidence and complete your affidavit. That way, once the case is on the schedule, you will be ready to file your documents and ask to expedite.
If the MCH is scheduled: Sometimes, MCHs are scheduled months–or even years–in the future. If your case is assigned to an IJ and you have a MCH date, there are a couple options for expediting.
First, you can file a motion to advance the date of the MCH. If the MCH is sooner, the final (Merits) hearing will be sooner as well. Whether the IJ will grant the motion and give you an earlier appointment is anyone’s guess. Some IJs (and their clerks) are good about this; others, not so much.
Second, you can request to do the MCH in writing (in lieu of attending the hearing in-person). Check the Immigration Court Practice Manual, pages 70 to 72, for information about filing written pleadings. If the Judge allows this, you can avoid attending the MCH and go directly to the Merits Hearing. Just be sure that your affidavit and all supporting documents are submitted, so you are ready to go if and when the IJ schedules you for a final hearing.
Many attorney, including me, do not like filing motions to advance the MCH or motions for a written MCH. The reason is because they often do not work, and so what happens is this: You prepare and file the motion, call the Court several times, and ultimately have to attend the MCH anyway. When lawyers spend time doing extra work, it is fair for them to charge the client additional money. So don’t be surprised if your lawyer tells you that filing a motion will cost extra.
At the MCH: Typically, when you go to the MCH, the IJ gives you the first date available on her calendar for a Merits Hearing. But there are a few things you can do to try to get the earliest possible date.
One thing is to complete the entire case (the affidavit and all supporting documents) and give them to the IJ at the MCH. That way, if there happens to be an early opening, you can take the date (and sometimes, IJs do have early dates–for example, if another case has been cancelled). Many lawyers (again, including me) don’t love this because it requires us to do all the work in advance, and it often does not help. Don’t be surprised if the lawyer wants to charge extra for getting the work done early (many lawyers–and other humans–prefer to put off until tomorrow what we do not need to do today).
Second, you (or your lawyer) can try to talk to the DHS attorney prior to the MCH to see whether any issues in the case can be narrowed (usually, it is not possible to talk to DHS about the substance of the case prior to the MCH, as they have not yet reviewed the file). If that happens, maybe you will need less time to present the case, and you can tell the IJ that you expect a relatively short Merits Hearing. It may be easier for the IJ to find a one-hour opening on his calendar than a three hour opening (normally IJs reserve a three-hour time slot for asylum cases), and so you may end up with an earlier date. Even if you cannot talk with the DHS attorney, you can tell the IJ that you expect to complete the case in an hour and try to convince him to give you an earlier date, if he has one.
Third, if you have a compelling reason for seeking an earlier Merits Hearing, tell the IJ. If you have evidence demonstrating the need for an earlier date, give it to the IJ. Maybe the Judge will not have an earlier date available immediately, but at least he can keep the situation in mind and accommodate you if an earlier date opens up.
Finally, if you simply arrive early at the MCH and get in line, you may end up with an earlier Merits Hearing date than if you show up late to the MCH since IJs usually give out their earlier dates first.
After the MCH, but before the Merits Hearing: Waiting times between the MCH and the Merits Hearing are very variable, depending on the Immigration Judge’s schedule. Assuming that the IJ has given you the first available Merits Hearing date (which is normal – see the previous section), there is not much point in requesting an earlier date immediately after the MCH. Maybe if you wait a few months and if luck is on your side, a spot will open up and your request will be granted. Or–if the Judge has an effective clerk–you can file a motion to advance, and the clerk will save it until a spot opens up for you.
Another possibility is to talk to the DHS attorney to see whether issues can be narrowed, which might make it more likely that the case can be advance (see the previous section).
Some words of caution: Keep in mind that the Immigration Court system is a mess. Judges come and go. Priorities shift, which sometimes causes cases to be moved. It is quite common for court dates to change. Even if you do nothing, a far-off date may be rescheduled to an earlier day, or an upcoming hearing might be delayed. If you successfully advance your court date, it is possible that the Court will later rescheduled your case to a more distant date (this happened to us once). It is difficult to remain patient (and sane) through it all, but maybe being aware of this reality will somehow help.
Also, remember to make sure that your biometrics (fingerprints) are up to date. If not, you may arrive at the Merits Hearing only to have it delayed because the background checks were not complete.
Finally, do not give up. Immigration Judges are human. If they see a compelling reason to expedite a case, most of them will try to help. Explain your situation to the Judge, or let your lawyer explain, and maybe you will end up with an earlier date.
[…] about it too much. Also, once the case is done, you can try to expedite, at the Asylum Office or in Immigration Court. Even if expediting does not work, taking action–as opposed to waiting passively–might […]
Hey Jason ,
i was having an Asylum Case In Chicago , My First Master Hearing date was Scheduled On 2017 In Chicago I went to the date and judge give me a Individual Hearing date in Chicago , But I moved to Newyork and moved my case to Newyork Then They scheduled me a New Individual hearing date in 2019 Judge Paula Dannolo in New York But Soon to the Date honorable Judge got Retired, But As keep Waiting after a Year they Scheduled me a new date in Oct 2022 , But When i check online In April 2022 its says there’s no future Hearing date , My attorney File a Motion , But Judge Granted my motion , Honorable Judge Replied It’s says individual hearing date to be Scheduled When date becomes Available, It’s been 3 Months now , They didn’t Schedule my Date Yet , Do you know What Can i do to Get Individual Hearing Date . What Should will be the Next Step , Are they Forget about My Motion or they in have Record That they have to Schedule me a Date
The courts are an absolute disaster, and so it is difficult to know. The only thing I can suggest is to call the court and remind the judge’s clerk about the motion, and ask about the court date. You can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hey Jason ,
I Called to The Court Clerk and They are Saying That They Can’t Help Me Out Because Case is on Trial Cue to be Scheduled , Is there anyway We Can File for another motion Or Something
Thanks
If the case is not scheduled, you can file a motion to try to put it on the docket – I wrote about requesting an earlier court date on April 20, 2017 and maybe that would help. Take care, Jason
Hello Jason,
Can I travel on AP if I am in removal proceeding due to asylum denial and recently married USC, but I-130 is pending? How long it usually takes in my case to get answer after I-130 interview? Thank you
If you travel while in removal proceedings, it is possible that you will be considered to have deported yourself, and you will not be able to return, even with AP. This might also result in a bar to returning to the US for 10 years, even if you are married to a USC, so you need to be very careful about that. Talk to a lawyer if you really need to travel. As for the I-130, we often see them approved within a few days or weeks of the interview. Sometimes, it can be longer, especially if USCIS needs more evidence (and remember, there is a higher standard of proof in an I-130 case where the person is in Immigration Court). Take care, Jason
Thank you very much Jason! Is it possible to terminate the removal with Immigration Court without approved I-130? Would I be able to travel and come back if removal is terminated? ( I came on J-1, changed to F-1, while on F-1 applied for asylum and in a while dropped out of school, than I was denied asylum).
It is probably only possible to terminate removal proceedings if you can show that you are eligible to “adjust status” and get the GC in the US. Otherwise, you can ask for voluntary departure, leave, and maybe get the GC overseas based on the approved I-130. Talk to a lawyer about either option, especially if you need a J-1 waiver, as you need to determine whether it is possible for you to get a GC, either here or outside the US. Take care, Jason
Thank you very much Jason! Is it possible to terminate the removal with Immigration Court without approved I-130? Would I be able to travel and come back if removal is terminated?
I doubt it. You can ask for voluntary departure and leave. Maybe you could come back, if you have no legal bar to returning and if you can get a new visa. I would talk to a lawyer before you do that, to know your options. Take care, Jason
Jason,
Thank you so much. Does the time that I was denied asylum counts as my time here illegally( I was denied asylum in 2014 and got married in 2017). Thank you very much
If you had no other status, it would count as time here unlawfully. Normally, in that situation, you would be referred to court. You can check whether you ever had a court case by calling 800-898-7180. It is a computer. You can enter your Alien number, follow the instructions, and learn if there are any orders in your case or appointments scheduled. Take care, Jason
Hello Jason,
I am in removal due to asylum denial, my I-130 through my USC spouse was approved recently. We plan to do adjustment of status through immigration court, is there any ways we can expedite fingerprint appointment and clearance? Is it possible to use 3 party facility for fingerprinting ( like IdentoGO) in order to expedite? DHS office said it is possible but USCIS customer service saying it is not. Thank you very much
I have never heard of such a thing, and I highly doubt it. You are basically stuck with the court’s schedule. Anyway, the fingerprints usually do not take long at all. You pay the fee and get the appointment in a couple months (or less). Google “Pre-Order Instructions in Immigration Court” and I think you will find the PDF of the instructions about how to pay the I-485 fee if your case is in court. Be aware that some judges will terminate proceedings for a case where the I-130 is approved. If you pay the fee as I suggest, and then the case is terminated, USCIS may refuse to accept the receipt and you will have to pay again ($1,225!). That happened to one of my clients. So maybe be sure that you are permitted to adjust status in court. Take care, Jason
Thank you Jason.
I did not include : 5. A copy of these instructions. And I sent original medical exam and other attachments and documents besides I-485 form to USCIS Texas Service Center P.O. Box 852463 Mesquite, Texas 75185-2463 What will happen? Will they process it in time? Do I need to take any other actions to make sure everything will be in time? Thank you
I do not know what instructions you referred to. As for the medical exam, if you are adjusting in court, you should give that to the judge when the time comes. I am not really sure I understand your question, and based on what you are writing, you really should consult an attorney about how to navigate this process – you don’t want to end up losing the case because you made a procedural mistake, and that is something that can happen, so you have to be careful. Take care, Jason
Thank you! Referring to:
In addition to filing your application(s) with the Immigration Court and serving a complete copy of any such application(s) on the appropriate Immigration and Customs Enforcement (ICE) Office of Chief Counsel, you must also complete the following requirements before the Immigration Judge can grant relief in your case:
SEND these 5 items to the address below:
(1) A clear copy of the entire application form(s) that you will be filing or have filed with the Immigration Court. (Do not submit any documents such as attachments – send only the completed form itself),
(2) The appropriate application fee(s) or the Immigration Judge’s order granting your fee waiver. (The fee can be found in the instructions with the application, the regulations, and at http://www.uscis.gov or for the EOIR forms, at http://www.usdoj.gov/eoir),
(3) The mandatory $85 USCIS biometrics fee,
(4) A copy of Form G–28 (Notice of Entry of Appearance as Attorney or Accredited Representative) if you are represented, and (5) A copy of these instructions.
USCIS Texas Service Center P.O. Box 852463
Mesquite, Texas 75185-2463
All fees must be submitted in the form of a check or a money order (or separate checks/money orders) and be made out to: “Department of Homeland Security.”
Thank you!
Following
Hi Jason,
My case was referred to the Arlington immigration court in 2017. I had my first Master Hearing with Judge Burman December 2017. Judge scheduled me another master hearing November 2020. Is that common? will judge schedule me for individual hearing when I go to second master hearing? When would be individual hearing schedule for me? sometime 3 month or a year?
Thank you
A lot of new judges are coming or have recently arrived in Arlington, and I think J. Burman’s docket is full, so I think all of his cases are being set for another Master Hearing. Why they can’t just do that by mail and save everyone (including the Judge) the trouble of going to the Master, I do not know. As for the schedule after 2020, I do not know, but most new judges are setting Individual Hearings for 1 or 2 years after the Master, but sometimes it is less. Take care, Jason
Hi Jason Dzubow
I am waiting the individual merit hearing in November 2022. My IJ is Emmett D. Sober at Arlington. Furthermore she was telling me that her boss who is government appointee instructed to file divorce me and start an affair with him. If not, she gonna lose her job. As she was telling me he would never stop his attack even she lose her job. After certain time she stopped to respond to any form of communication which I tried to reach out. I tried to figure out what was happened to her by all means. I called to her families and my families nothing they want to tell me. After all these try I got a person who came from home country and asked what happened to her. The person told me that he head that she has already filed a divorce and I was represented by my young. And the process is almost completed. And Now my wife said me my 10 years son get sick because of me. As a result I am stress out and get sick too. so I am thinking to expedite my case and save my family. so what can I do please? I need your kin
I am sorry. Touch the summit button before completing the idea. My wife was telling me about our son before she block me.
You can try to expedite a court case, as discussed above. It would help to have evidence of your son’s health problems or some other reason to expedite, and to submit that with your request to the judge. Take care, Jason
Hi! It’s me again… 😃
So…as you mentioned yesterday, I came back to this post to read about expediting a court case.
Our judge will be Paula Donnolo of NYC, who is new, started working as a judge in early 2017.
First I thought 09/2020 is not anytime soon but not horrible either. However it would be great if we could get an earlier date, maybe end of this year or early 2020.
My spouse is the main applicant and she doesn’t really make a big deal or fuss about any of the progress in our case. She’s more “chill” and don’t really get anxious.
However, I’m the one who does 90% of the research and I think we have all evidence and everything is ready.
I’m also suffering from clinical depression, panic and anxiety disorder relating to my past trauma and current status…my mother is getting older and sick overseas and I’m basically living off pills day-by-day. I would grab any opportunity to have a chance to leave the US and travel somewhere near to my native country and meet my family.
I also had a surgery for cancerous cell growth which just added to my already fragile situation.
I’m seeing a therapist weekly and I have a psychiatrist.
I’m also frustrated and depressed by not being able to advance academically as most schools require granted asylum for admissions, and everywhere I go I get turned down by my pending status.
Do you think it’s worth a shot to expedite the case and request an earlier merits date based on the derivative applicant’s situation?
Also I haven’t asked our lawyer yet, but is it common they also want to be on board with the expedite or they would rather leave it as is? He didn’t ask the judge anything regarding the date so I thought we have to accept that…
Thank you for your continuous support as always
There is no harm in asking to expedite. Either it will work or it won’t, in which case, you are no worse off than you are now. The lawyer must be involved in the process, so that he is ready and available if you get a sooner date. Also, you need to make sure the case is complete and ready to go at the time you ask to expedite. Take care, Jason
Thank you! I’ll talk to a few people before I come up with the idea to the lawyer.
I don’t even mind paying a fee…
We were completely ready for the asylum interview too, they just didn’t hear us out because of the jurisdiction issue regarding VWP. I think it could’ve been possible to file with USCIS and then recommend them to send the file to court since they knew their own rules. Our previous attorney supposed to know it too.
It’s funny, her office posted a lenghty article on VWP asylum applicants after we fired her. So that might be the reason.
I think recent changes in our native country just helped undermining all possibilities for a safe return, so all in all I think we are at a good standing point.
I’m struggling since the first hearing as I had high hopes that something WILL happen but we just got thrown around in the bureaucratic system.
I have a good doc who would be able to help with statements on deteriorating mental health.
It all sounds positive for the case. Lawyers, including me, learn from our mistakes. I guess on the plus side, your old lawyer won’t make the same mistake again, and after hearing about your story, I hopefully won’t either. Take care, Jason
Jason, my motion-to-advance Merit Hearing is accepted and I’m going appear at Baltimore Immigration Court with judge Crosland. I’ve a lawyer and we have worked thoroughly in developing & refining my case. My question: what are the DO’s and DON’Ts at Merit Hearing? Besides having well prepared case & a lawyer, what should be done to win the case? Any suggestions about Judge Crosland? Thanks!
The lawyer should practice with you before the case, so that will help. Otherwise, I did a post about asylum interviews on September 8, 2016 that – to some extent – applies to a court case. As for J. Crosland, he asks a lot of questions at the beginning to give himself an idea about the case. So you should be prepared for that. Once he is done, your lawyer has a turn to ask questions and fill in the gaps. Also, of course, the government attorney gets a turn. Good luck, Jason
Hello jason sir
Sir my question is how much wait time after filing a motion for sooner individual hearing date. I am in sf immigration court
Thanks so much for your help 🙏
It completely depends on the judge, so there is no “average” time frame. If you have not heard anything after 60 days, you might contact the judge’s clerk to ask about the motion. You can find their contact info if you follow the link at right called Immigration Court (under Asylum Seeker Resources). Take care, Jason
Hello jason, I have such a question. I am now waiting for the result after the interview, my wife and children got a tourist visa and joined me this month. What do I have to do to get them permission to work and SSN? Thank you.
I mean my wife and children.
You can try to add them to your case. Contact the local asylum office about the procedure. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Once they are added, they can apply for the EAD and SSN on the same schedule as you. If the case is approved before they are added, you will need to file forms I-730 for them, and then they can get their asylum status too (assuming you are legally married and your children were under 21 when you filed for asylum and unmarried). Take care, Jason
Dear Jason,
thank you for your efforts.
When requesting expedited interview for affirmative asylum claims, is it important to include an affidavit from someone who knows my condition ( a friend, or relative) besides the main supporting documetns we need to submit?
Thanks!
There is no formula for this. If you think the letter is relevant and helpful, you should include it. If you think it is redundant, than probably it is not helpful. Take care, Jason
Hi. My individual hearing for asylum should be 22 of July 2017, but because of retire of my Judge, the new Judge rescheduled the individual hearing for 2020 February. In that day my new Judge said to me that I can expedite my hearing date since I was waiting for 2 years. She said do it through my lawyer. But after that my lawyer is not answering to my call and rarely answering my emails. Basically my lawyer trying not to expedite my case. My attorney says my Judge did not answer. I don’t know why my attorney trying to keep longer my case. Is there other ways to contact with my Judge?
Expediting a case usually does not work, and it is time consuming for the lawyer (we charge extra for that service). Maybe that is the problem. However, the lawyer is required to remain in contact with you, and if the lawyer is not responding, you should find a new lawyer. You can try to expedite the case without a lawyer, and I discuss that to some extent above, but it could result in a disaster if you expedite your case and the lawyer is not ready. I think you and the lawyer must be on the same page. Given what you are saying, maybe you need to find a new lawyer. Take care, Jason
I seek asylum base on I’m gay and my individual will be 2021 and I found girl who changed my life and we plan to get married very soon , is not problem about my gay life and now I changed .and want to adjust my status?thank you.
You probably will need to explain this, and it could cause the USCIS to be suspicious of the original asylum case and/or the opposite-sex marriage case. There is a procedure to do a marriage case in court, and it can be tricky (mostly it is just bureaucratic and annoying), and so I recommend you talk to a lawyer about this to make sure you are eligible, and to deal with the issue of marrying a woman after you filed for asylum based on being gay. Take care, Jason
Jason,
I’ve a merit hearing at Baltimore Immigration Court for Sept 2020. My wife & four year son are in my country. In the meantime, due to some situations I’ve started an affair with an American girl and we both fall in love. We are deciding to marry. My question: how can I change my status? Do I need to bring a divorce letter from my previous wife in my country? Or I can easily get married with my new girl?
Thanks!
You have to be divorced from your wife before you marry a new person. You will need to prove that to the court and USCIS if your plan is to get your GC based on the marriage (I assume you listed your wife on your I-589, so the US government knows you are married). Take care, Jason
Jason,
I heard that I need to get married with my American girl before my merit hearing. My plan was to wait till my merit hearing. If I’m denied at the Immigration Court, it looks very difficult to get married with my new American girl. Is that true? Can’t I get married to my American girl if I’m denied at the Immigration Court? Thanks!
You can marry whenever you want. If your plan is to seek a green card through marriage, it is better to be married first, but if you lose your merits hearing and appeal, you could marry during the appeal period and still probably get the GC through marriage (assuming you are eligible). If you marry after your case is denied and the appeal is denied, it becomes much more difficult. Take care, Jason
Dear Jason, Many many thanks for your help! I have received a Referal notice from USCIS last night and I am still in shock. Kindly help in anyway in this regard.
My current situation:
I am an affirmative asylum seeker. I came to US through J1 visa and not subject to 212e. During that time I am not aware of asylum option. After an year, I got admitted in hospital for me depression almost try to kill myself and lost my job. After hearing my life threatening story, my EAP told to meet an Attorney and finally we filed an asylum on 9/26/16 before my J1 expires 9/30/16. I have mentioned this in my application.
But my referral notice from USCIS states that, I have not demonstrated with clear and convincing evidence that an exception to the 1 year filing requirement.
In addition the notice says, after my entry i did not possess or present valid immigrant visa, or renetry permit or border crossing identification card
I had valid DS2019 and visa from 07/27/2015 to 09/30/2016 and filed my asylum application on 09/26/2016 and the receipt says i can remain in the US untill the decision will be made on my asylum application. If want to leave the country for emergency , I have to request for an advanced parole.
After filing my asylum, I haven’t traveled anywhere. I am living the same city and place. So I didn’t requested for travel document to leave or re enter the country.
The notice doesn’t have any interview date.
When I checked through online, it says my NTA with immigration court was scheduled in Jan-2019 (8 months from now). Its been 3 years I have been separated from my sick child. I am very depressed and don’t know what to do. Kindly I request you to help me in anyways in this regard to to solve this issue and to bring my child
With deepest gratitude
Banu
Now that the case is referred to court, you cannot travel (unless maybe you can somehow get special permission from DHS, but I do not think that will be possible). You can try to bring the child here based on a visitor visa or some other visa, though this will likely be difficult given your asylum case. If the child cannot get a visa, maybe you can try to apply for humanitarian parole (form I-131, available at http://www.uscis.gov), which is normally for people with a health problem, but maybe could be used here. You might also try to expedite your court case – I wrote about that on April 20, 2017. Good luck, Jason
Sorry, I forgot to mention that my husband is USA born citizen.
Hello Jason,
I am in very difficult situation and seems loosing my mind from the pressure that is on me. I applied for asylum and was denied,
that in a year or so I met my husband and we got married after a year of dating. Now, we applied for I-130 and takes forever to process, I am waiting already 6 month and married for a year now. I have family emergency and I have heath issues that is too expensive to take care of right here, and I need to leave the county. My lawyer is saying that I will never comeback if I leave the country now. I am crying constantly because my family member needs my help and I will feel forever guilty if I do not do it, the same time I can not bear a though that I will have to leave my husband.
If you are not in Immigration Court, you might try for Advance Parole – I wrote about that on March 30, 2017. If you are in court, you can try asking the USCIS to expedite the I-130. Maybe make an Info Pass appointment (see the link at right called Info Pass) to go in-person and explain the problem. You can also contact the DHS attorney in the case, explain the problem, and see whether they can assist in expediting the I-130 (normally, the lawyer would try this). Good luck, Jason
Thank you very much Jason!
Thank you Jason so much! I can not explain how much greatful I am! I wish there be more lawyers like you.
One more question, my lawyer is saying that in her practice it never worked if you ask to expedite your process. What do you think about it? Thank you again
It can work, but it depends on the judge, the judge’s law clerk, and luck. We have done it for people in the past, and if there is a good reason, many judges will try to accommodate you. However, it is kind-of a pain, and so it is fair for a lawyer to charge a fee for an expedite attempt (we normally charge $500 additional for this, but that may be on the low end for most lawyers – I am not sure, plus we collect any remaining fees for the case, since we have to make sure the entire case is done and ready to go). Take care, Jason
Helo sir How long is the decision after the hearing of the immigration court
Usually, it is the same day, but it depends on the case and the judge. Take care, Jason
Hi Jason,
I got NTA , and I dont want to wait another few years in immigration court, I have TPS pending case can I ask the IJ to approve it and dismiss the asylum case and how?
Thank you
Nada
Different IJs approach this differently. You can tell the IJ that you have TPS and ask to terminate proceedings or administratively close. Maybe you can call the DHS attorney prior to the first court date (ask for the attorney on duty) and see whether they have a policy on this. You can find their contact info if you follow the link at right called DHS Office of the Chief Counsel. If they agree to close the case, the IJ will probably agree as well. Take care, Jason
Thank you so much! this will be helpful!
Thank you,
NADA
Dear Jason,
Thank you again for your help and what is motion to exchange hearing ? Is that helpful and what is probability of getting shorter time for individual hearing? Is that common?
I do not know what that motion is – maybe you mean a Motion to Expedite or a Motion to Advance? That is a request for an earlier court date. We do them once in a while and they sometimes work – it depends on the Judge (and the Judge’s assistant). Take care, Jason
Dear Jason,
Thank you for usual support and I have the following question for your help. As per your information I tried to expedite my MCH hearing and I succeeded to appear within short time . However , again the IJ gave me longer years time for my individual hearing and became disappointed. Is it possible to file a motion again immediately after MCH with previous reasons to wait for open up my chance in order to shorten my waiting time for the hearing?
You can do that – Whether it will work may depend on the judge’s clerk. Some clerks are very good about holding such motions until the judge has an opening. Other clerks will have the motion denied if there is currently no opening. You can call the court and talk to the clerk. Maybe he/she can give you some idea about whether such a motion will work. You can find their contact info if you follow the link at right called Immigration Court. Take care, Jason
Thank you so much !
dear jason : thanks for helping people by doing this . my question is I heard about immigration court has to compact whole case in one year . that is mean from your first get in immigration court to final decision from IJ won’t over 1 year . as your experience . you think it is good for applicants or it is not ? I think trump try to push judge raise their denial rate . do you think we d better void his career period ( means try to prolong waiting by using transfering different locations reschdule MCH OR MH day) or it really doesn’t matter . cus I did read your article about appeal to BIA is away more messy . so I really don’t want the mess happen to me . what should I best to do . if I decide to move . will that matter if I have my MCH
I do not see judges scheduling cases in one year. Maybe that is their goal, but it’s not happening that I can see (at least not for cases where the person is not detained). If you move, your case will normally be changed to a different court. If you do that too often, the judges may get suspicious that you are deliberately causing delay. Some people want fast decisions, other people want to cause more delay; it just depends on the person and her goals. Take care, Jason
hi jason first . your article is really helpful and kind light up me brought me a little hope when i lost hope almost . okay my situation is i finished my interview and got sent to immigration court 3 days ago . i did some research about trac .it is seems like LA denial rate is away higher than SF . fortunately where i work .we have an opportunity to transfer to another location which is by SF .I WAs thinking if i could go and transfer my case from LA immigration court to SF immigration court . but so far i haven’t get any specific master hearing date . what can i do . my current attorney actually is just care money more than my case . I am about to change a new one.i so far haven’t get NTA yet .as my situation . what i can do about my venue change to SF . and when i gonna do . should i wait until my judge name and hearing date come out or asap before judge and hearing date released. thanks Jason . god bleas u
If you are moving to SF, the easiest thing to do is find a lawyer there and have the lawyer move your case. Probably, you will at least have to wait until the case is on the court’s docket before you move it. I do not know if it is possible to move a case before then. Take care, Jason
Hi Jason,
1 I have discovered that i omitted important information on my asylum case, how do i put the corrections? is there a special way of amending it? i am about to send my request to have my case expedited.
2 i have documents that have been scanned and sent to me from my home country and i want to use them as supporting evidence, is it okay if i just print them and send as supporting evidence or US Imigarations want the original documents? NB. attached to the documents are the witnesses’ IDs.
3 what is the purpose of an affidavit when i am sending a request to expedite my case? is it mandatory to always prepare an affidavit or i can just send without it?
Thank you
1 – Why not send it with the expedite request? You can also make corrections at the interview, but if there are major corrections, it is better to do that in advance, and maybe to explain how the mistakes were made in the first place. 2 – We submit scanned copies all the time, and they accept it. If they need originals, they can ask, but they usually do not. 3 – I am not sure which affidavit you mean – an affidavit explaining your asylum claim or an affidavit explaining why you need to expedite? Neither is mandatory, but they may help convince the asylum office to give you what you want. Take care, Jason
Hello jason,
How are you , I have only one question , I have a individual hearing on 2020 jan for asylum, but we file a advance motion six month ago and yesterday I got letter from court that my motion was granted . It’s just says your motion was granted but earlier date was not there . What does that mean ?
Thanks
Good question – normally, they would give a new date. You (or your lawyer) may want to call the judge’s clerk to ask about the new date. You can find their contact info if you follow the link at right called Immigration Court. Take care, Jason
Hi Jason , I am here for update . I am in removal proceeding and my Merit hearing is on 2020. But we file advance hearing motion and motion was grated but date was not mention which I already told you on previous comment. We did exactly you said previously. We call the DHS attroney and ask a date couple of time ; also I update my biometric and handed in court but I don’t see any earlier date yet .my attroney and I tried and we got tired of asking date always. What’s we do now ?
Thanks
I am not sure what else to do – your lawyer can call the judge’s clerk and ask about this. Why was the motion granted, but you did not receive a date? When do you expect to receive a date? Take care, Jason
Hi Jason , I am back again , it’s been more then a year advance motion was granted for merit hearing but till now I haven’t receive date yet . We are close the normal date I.e 2020 Jan but motion was granted and nothing any updated till now . I called my lawyer , visit him , he said he is talking to judge always but no date seem to arrived till now . It’s look like there is no value of motion granted . What are the next option or solution for this ? What’s a next step I can take to . Your advice will great for we. Thank you
That is very annoying. The only thing really to do is call the court clerk to inquire (which it sounds like the lawyer did – the lawyer cannot talk to the judge directly about this) or wait until the regular court date. Maybe the lawyer could also write a letter to the judge indicating that the motion was granted, but that there is no new date. Take care, Jason
Hi Jason,
Thank you so much you have been a great help for me and my family . I would like to ask you if someone will still have a EAD if his asylum case got referred to immigration court ?
If you get referred to court, you can renew your EAD normally. You can also renew if you lose in court and have an appeal to the Board of Immigration Appeals. If you lose there, you cannot renew your EAD any more. Take care, Jason
hi Jason,
my individual hearing was scheduled for 10th april 2018 before Judge Paul Wickham Schmidt, who retired last year from Arlington’s immigration court. the court has not appointed any judge or new hearing dates on my case since then. i have already waited 4 long years for my hearing. do u have any idea when will my new individual hearing be scheduled for? plus can i travel outside US through advance parole since i have a TPS while waiting for my hearing dates?
i am planning to travel to different countries than the one i am seeking asylum .
I am not sure whether you can travel – I think this is a risk and I recommend you talk to a lawyer before you try that. As for the dates, there is no way to predict; it depend on which judge you get. We just managed to schedule a former J. Schmidt case with a different judge there in three weeks, so that was lucky. But it will depend on the judge. Take care, Jason
Hello, I just had my individual hearing today for adjustment of status. Before going into that, a little about my case. I have an approved i130 filed by my stepfather in 1993. I came into the country in 1996 without inspection. I was previously married to a u.s citizen in 2005, but petition was denied because immigration doesn’t have enough evidence to prove that the marriage was bona fide. I divorced in 2012 and remarry in 2013. My husband and I went to an i130 interview and it was approved after 5 months. At my individual hearing, the TA claimed that I didn’t qualify for grandfathered 245i because of something to so with my birth certificate which there were no findings. The judge stated that she would approve my adjustment case, but she left to a meeting for an hour. When we got back, JA claimed to have more evidence that I didn’t qualify for 245 based on the fact that they said my mother divorce her previous husband who lives in Nigeria in 1992, but got married to my stepfather in 1991, and that means her marriage wasn’t valid, even though she has long become a u.s citizen. The judge reset a new master hearing for May 2018 and ask my mom and I to get a DNA test, as well as document showing that her previous married ended before 1991, or that she remarry her husband after 1992. She said with these evidences, she will grant the adjustment or if not she will schedule a merit hearing for cancellation of removal. My question is, if i am able to provide all the evidence to the judge, does that mean she can grant my adjustment during the master hearing or would I have to go through another individual hearing and if so, would my husband and I have to testify again for the adjustment of status?
I can generally only discuss asylum cases here, but the judge could grant a final decision at the Master Hearing – I have seen that done many times. Take care, Jason
Hello Jason
I had my asylum interview two weeks earlier after requesting expedite since my daughter was sick and I wasn’t lucky that they send my case to the court for master hearing August 2019 . When my daughter was sick I requested advance parole and got the documents which will expire in March , I am planning to see my families somewhere out from my country before the master hearing since the advance parole will expire in March , will it have a consequence on my return? And do you think I can apply and be approved for a new advance parole after March?
Thanks
My understanding is that if you leave the US, even with Advance Parole, you will have deported yourself and you will not be able to return. AP only works if you do not have a case in court. Once you are in court, you cannot travel and return. Talk to a lawyer about this to be sure, but we have never had anyone with AP travel while their court case was pending, and I think this is a big risk. Take care, Jason
I was referred to the court in Arlington and the first hearing in December 2018.
Can I expedite if I have some health circumstances like IBS(have a problem with my colon because of nervousness )?
And how long in general now it takes in VA to have my second hearing?
You can try to expedite based on a health reason, but it is not easy. The wait time in VA varies depending on the judge – it could be less than a year, or it could be 3+ years. Take care, Jason
Hi Jason
I got a notice to appear
In removal proceedings under 240 of the immigration …
The date and time for court is TBD
I don’t want to waste my life here without the hope to see my family who are living in different countries,
I am Syrian and can’t go back home and can’t travel anywhere without refugees travel documents .
Do you think this decision is good or bad if I appl asylum in Canada?
We wrote something about that on March 31, 2016 – maybe that would help. Maybe you can try expediting your court case – I wrote about that on April 20, 2017. Take care,Jason
Hello
My asylum case reffered to immigration court, master hearing sheduled at autumn.
I come to Usa by j1 and changed to f1 viza, than apply for asulym during f1 status, than I lost my F1 status after stop go to school. My question, Is it possible now to change asylum status to EB2 visa?
Regards
Probably not. You would have to terminate your court case, leave the US (probably), and get the green card overseas. You can talk to a lawyer about that, but I am not optimistic that this would work. Anyway, you should have a lawyer for court, so you can ask about the EB2 option. Take care, Jason
Hello Jason,
My individual hearing date is in December 2019 at Arlington Immigration Court.I have been in this country for 4 years. Now I have a plan to get marry my US citizen girlfriend. How long it take to terminate the removal proceeding in the court once the I130 is approved. Let me know if you know any recent experience. is it time taking to close the case at court administratively.
Thanks,
Tok
They have recently made it more difficult to terminate cases this way, but it is still possible. Once the I-130 is approved, you have to talk to the DHS attorney. They will want you to file the I-485 and then they will agree to terminate. I do think it is easier to have a lawyer help you with this process, as it is annoying, though the outcome should be fine. Take care, Jason
Hi Jason ,
I am separated from my family , my wife and 2 kids , also my case is pending , waiting for court , (asylum).They are living in Russia now and we wanna apply for Touristik visa for them , do you think that can we get a visa for them ? Or we can’t because of my case ? I try to find an answer last couple of months but still didn’t get any answer, thank you so much
They can try, but it is unlikely they would get a tourist visa. The embassy normally would not issue such a visa if they think your family will violate the visa by remaining in the US to seek asylum. Other types of visas – H1b or L, for example – are not as affected by this, and so maybe those would work, if they can qualify. Take care, Jason
Thank you so much for your answer , my last question, for how many days I can travel to other countries with advance parole ? I applied with my Turkish passport but I need to go to Russia to see my family for a while
If you go to the country where you fear persecution, it will likely cause your asylum case to be denied. Also, if you have citizenship from two countries, you need to seek asylum from both or show why you are not “firmly resettled” in any third country where you have residence. As for Advance Parole, you can request the travel document and try to get it issued for several months. You should be able to stay out of the US for the entire validity period of the document, but if you plan to stay out of the US more than a month or two, talk to a lawyer to check whether there are consequences for your case. Take care, Jason
Hi Jason,
My individual hearing date at Arlington immigration court is on Feb 13 2018 before Judge Emmett D Soper. Now when I check by phone it says the system does not contain information about the hearing date. It seems the date is to be changed. I am worrying that it is going to be rescheduled for long time.4 Years already passed since I applied asylum. I am bored of waiting decision. Is the judge left his job or assigned some other place. Do you have any information.
Thanks for your help.
ethio
The Judge is still there, but we had a client with a case on the same date and it was rescheduled (we do not have a new date yet, and I do not know if it was J. Soper’s case). If the case is rescheduled and it is a long wait, you can try to expedite, as discussed above. Take care, Jason
Thanks Jason.
It’s been more than 4 years with so many cancellations every corner, not bored though. Concentrate on other dimensions of your life, so many things to do😀
Hi Jason,
Thank you so much for your useful articles and time! I I received notice to appear without MCH date yet. My husband (who was not involved into my asylum application) has removal proceeding case. Can we “combine” our cases om my MCH and defense only my case on my Individual hearing? If so, are there any risks that IJ can make a decision not to my advantage because of this? Thank you.
If you both live in the same place, your court should be in the same location. Hopefully, you have a lawyer and then you can talk to the lawyer about the benefits or disadvantages of joining the cases together. Normally, when I have such a situation, I prefer to join the cases, but it depends on the case. Sometimes, it is better to keep them apart (and that also gives you two chances to win). In any case, you probably can combine the two cases, but whether you want to do that, I do not know – talk to a lawyer to determine the best approach. Take care, Jason
Thank you Jason.
Jason,
I had my first master hearing today at Arlington immigration court. The Judge Burman gave me another master hearing date on 11/27/2020 instead of giving merit hearing date. I don’t know if I will have to wait until 2020 for master hearing or will have merit hearing date before that? I don’t even know if he assigns my case to the other available Judges? any thoughts and advice?
Judge Burman is giving out dates this way. I expect your date will change, as new judges should be arriving in the next few months. So hopefully, it will be sooner than what you have now. You can always file a motion to expedite – maybe that will help. Take care, Jason
Thank you Jason.
New judges arriving next few months? Will be after the new year? That will be good news, hopefully, can have earlier master and merit hearing.
plz notify me with new comments its very helpful
very informative research on peoples circumstances who are under asylum status in any part of the world.
Dear Jason,
Thank you for your usual help and how long It takes in Baltimore court between MCH and Merit hearing on the average from your experience ?
It depends on the judge, but most of our cases have individual hearings within a year or two after the MCH. Take care, Jason
Hello jason…thanks for helping us with your answers..you are a saver.
I got referal to immigration judge and my MCH after 1 year and for family situation i want to leave as early as possible My question what if i left the US without doing voluntary departure what would be the consequences ? Will it affect also my famiy member who is under my asylum application
You can try to expedite the MCH to ask for voluntary departure. If you get that, it is somewhat easier to return to the US. If you just leave before the MCH, the judge will order you deported, and you will have a more difficult time coming back here. If you have dependents in your case, they could be affected too, but it depends on the case and so they/you should talk to a lawyer about the specific situation. Take care, Jason
Hi Jason How R u? My wife and 3 kids are back home and I am on asylum in San Francisco. I already have an EAD since July 2017 but my case is still pending. Is family separation be a catalyst to expedite my case? I also have a good, solid case due to obvious reasons in my country and personal experience. Thank you.
Family separation, especially if family members are in danger or have health problems, is a good reason to expedite. The above post is about expediting in court. I also did a post about expediting if your case is at the asylum office – on March 30, 2017. Maybe that would help. Take care, Jason
Dear Jason ,
Thank you for usual helpful post .I have the following questiones . How long it will take on the average from your experience to get master and merit hearing appointment at Baltimore , Maryland after the first day of referral to the court ? What is the average aproval rate of this court in general ?
Usually, cases are completed in Baltimore from beginning to end in 1 to 2 years, but it depends on the judge and on luck. As for the grant rate, it varies by judge. You can Google “TRAC Immigration” and find a website that lists judges and their grant rates. Take care, Jason
Thank you for usual swift reply and I have one more question . How long it take on the average from your experience to get the master hearing appointment date in the system ? Is there a means to advance it ?
It usually take a few months, but it varies depending on your court and your judge. Maybe you can speed things up by asking DHS to file the Notice to Appear (which starts the case) faster. You can find their contact info if you follow the link at right called DHS Office of the Chief Counsel. Take care, Jason
Thank you .
Hi Jason
I filed my adjustment of status in 2011, I was in detention at the time, in fact I got married in there, which was quite the experience.
The IJ approved my petition in December of 2014 and the BIA appealed within 30 days. Having run out of money and with an ailing wife(her health is what allowed for us to use the form I-601 because in the 20 years I’ve been in the states I did catch some misdemenours, DUi’s and such, although the judge did not invoke heightened standard) I did not furnish the BIA with any response as I couldn’t afford legal assistance and none of the free lawyers would touch my case as they viewed it as a lose-lose situation.
2015 went by and I received a green card in the mail on November 28th, of course I was aware that my case was still pending so I didn’t find any cause to celebrate. I did go to the USCIS offices and they told me after going through their files that the card was good and I could be let back in the country if I left because the ICE at ports of entry use the same system they use which is different for the justice department files. So he was saying even though my case was pending with the DOJ, I was good with the USCIS. They did admit to not having been faced with such a situation before leading me to suspect that the card was disbursed accidentally, which I highly doubted. They even returned my $10k bond money, they actually contacted my lawyer and told him to come and get it. My own lawyer found it a tricky situation as he had never had that happen with any previous clients that a card would be issues, and bond returned before the conclusion of the case.
2016 March came along and the BIA finally sent their response which in this case was to return the case to the judge to reconsider. They mentioned my failure to respond, and the judge not heightening standard and asked her to go over her decision.
So now my MCH is scheduled for October 2018 by which time it will have been a little over 7 years since I filed. I’m exhausted, it’s been difficult and I know I can’t make it to October next year.
How do I go about requesting an earlier court date? I read your article and it seems to apply only to asylum seekers. I know it’s rare to be granted the request but I need to try something. Please help and thanks in advance. I just need to go home to see my last remaining grandparent before I can never see her again. I apologize for the long, rambling comment.
The post above could apply to any type of case. You (or hopefully, your lawyer) can file a motion to advance the case. Given that the case is tricky, this might not be practical, as you may need a Master Calendar Hearing to discuss the case with the judge. Also, your lawyer (or you) could try to talk to the DHS attorney to see their position on the matter. In reality, it will be difficult to speed things up, but it may be possible and it is worth a try, if you want. Good luck, Jason
So it is possible to talk with the DHS attorney outside of formal court hearings? How does one go about doing that, can I call them or mail them, or set up an appointment?
You can call them – there is a link at right called DHS Office of the Chief Counsel where you can find their phone number. I suppose you can also try to go in person or write them, but I think you should call first. Take care, Jason
Hi Jason…
My case was referred to the court by USCIS and my individual hearing is in 13 months, pretty far out, I want to travel to a different state to visit family and might spend about 4 months there. Do I need to inform the court about this travel, I will be returning back.
If you are not changing your address, and you are only going for a temporary visit, you do not need to inform the court or file a change of address form. Take care, Jason
Hello!
I really appreciate your blog, and your continuous advice on the comment section! I have a question regarding your experience with the Asylum schedule bulletin. I read your article about it, and you emphasized how it’s just a very rough estimate. It’s been a while since your wrote that blog. So after several years of the asylum schedule bulletin being in place, how accurate is it from your experience with it and your clients? Has it been accurate at all? Not accurate in sense that they schedule the interviews later or earlier? Or there is no consistency at all?
I think it is pretty accurate – it tells us who is being interviewed now. However, in terms of predicting when a future case will be interviewed, I think it is not particularly accurate. And the further away your interview date, the less accurate it is. But remember that it was not designed to tell you how long you will wait for an interview; it was only designed to tell you who is being interviewed now. So if you see that your filing date is coming in a few months, you should try to make sure you are ready for the interview and all evidence is submitted. Take care, Jason
Thanks again, Jason.
If I don’t add my spouse as a dependent, but list his name on my application, will he still need to appear in the individual hearing just because he is in the U.S at the time of hearing?
If he is not part of the case (he is not an applicant in an affirmative asylum case or a respondent in a defensive case), he does not need to appear. Though it might seem strange to the adjudicator that he does not come as a witness if he knows about your case. Take care, Jason
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this article is very helpful/ i had my MCH hearing and then got scheduled for a merit hearing (individual hearing)! 10 days prior to my merit hearing my judge has passed away and then they called me to say that they cancelled my merit hearing appointment and that in one month they’ll send me a new MCH hearing date with the new judge!!!!!!!! i have been waiting for almost 4 years between interviews and MCH and merit hearings with my old judge and now they’re asking me to repeat the whole process. i really have pretty good reasons to expedite my case and i need information on how to submit a motion to expedite my case in the immigration court of NY, and i also need to know if i can find samples of motions done before and what legal documents should i also provide with the motion? i am not sure if there is also an application for it or if its just a letter that has to be written in a legal way
I guess the fact that the judge died is at least a good excuse for the delay. As for example motions, maybe you can try Googling the “Immigration Judge Bench Book”, though I am not sure that has examples or even if it was taken down (thanks to the Trump Administration). Your best bet, though, is to find an attorney to assist you – it makes a big difference in a case. If you cannot afford a lawyer, I did a post about finding a free lawyer on September 22,2016 – maybe that would help. Take care, Jason
Hi Jason,
I have my MCH in 2 weeks. Is it okay if I take my boyfriend with me to the court. He is on F1 student visa.
I would like to introduce him in the court if possible and explain the situation that he will need to leave the country in next 5 months so an earlier individual hearing would really be helpful so we could decide on our future.
You can take your boyfriend or anyone else – the MCH is open to the public. I doubt the judge will want to talk to him or hear much about why you need a sooner hearing date, but you can try, and maybe the judge will be able to help. For most people in court, it is a very good idea to bring a lawyer. And in some cases, the judge will not schedule you for a final hearing, but instead will tell you to get a lawyer and return for another MCH. Take care, Jason
Thanks, Jason.
In an individual hearing, will the dependent (Spouse) be present at the time the principal applicant testifies? Or, they will be asked to step out like other witnesses?
Thanks!
When I have had cases like this, the spouse remains in the courtroom to hear the testimony. Different judges may have different approaches to this situation though, so some judges might require the spouse to wait outside the courtroom, like other witnesses normally do. Take care, Jason