Delays in the U.S. affirmative asylum system have just about reached a breaking point. In our office, the longest-waiting applicant recently passed the three-year anniversary of his asylum interview, with no decision in sight. And of course, it’s not just post-interview delays (usually due to security background checks) that are the problem. Anyone interested in asylum knows about the long wait times–anywhere from two to five years–before an applicant even receives her interview.
Perhaps these wait times are tolerable for a single person or a family that is together here in the U.S. After all, such applicants (eventually) receive a work permit, which allows them to work, attend school, obtain a driver’s license, and live a relatively normal life (though it is a life overshadowed by the uncertainty and stress of not knowing whether they can remain here).
But what about an asylum seeker who is here, but separated from his spouse and children? Can a person wait for three, four, five years or more to reunite with family members? Will a young child even know her parent, if the only contact she’s had with the parent over the last several years has been via Skype? And won’t such long delays make the process of integration that much more difficult for family members who are “following to join” the principal asylum applicant?
For all these reasons, I believe USCIS should be prioritizing cases of applicants who are separated from their families. Unfortunately, USCIS does prioritize such cases.
There is a possible alternative to waiting for years separated from family: Arrive at a port of entry without a visa and ask for asylum. There are different ways to arrange such an arrival. It can be done legally or illegally. It can be very dangerous or relatively safe. My question here is, what obligation do attorneys have to advise our clients about the different options?
First, though, I want to briefly discuss the various options, starting from the worst and working up to the best (or, more accurately, the least bad).
The most illegal, and most dangerous way to come to the U.S. is by hiring a smuggler and paying him to bring you to the United States. There are all sorts of smugglers, and all sorts of smuggling routes. Some routes are relatively direct; others are circuitous. People die along these smuggling routes. Many others are robbed or raped. The majority seem to get detained in various countries for various periods of time. Some get stranded for months or years. And some are lucky and arrive with few difficulties. The cost of such trips varies widely. I have heard about people paying anywhere from $10,000 to $80,000; South Asian and Chinese migrants tend to pay more than Africans. This route almost always brings the alien to the Southern border, where she can try to enter the U.S. illegally (this has become increasingly difficult and dangerous) or where she can present herself to a U.S. Customs Officer and ask for asylum (this seems to be the more popular path these days).
Another illegal way to come here is to travel by air using a fake visa and/or passport, or the passport and visa of another person. Such documents can be difficult and expensive to obtain for an individual. For a family, the cost and trouble of getting fake documents is probably much greater. Once the alien arrives at the airport, he can present the documents and try to enter the U.S. or he can ask the Customs Officer for asylum.
A final option is to travel legally to Mexico, travel legally to the U.S. border, and inform the Customs Officer that you wish to apply for asylum.
In each case, assuming that she does not manage to pass inspection and enter the United States, the asylum seeker will be detained–maybe for a few hours and maybe for many months. Many asylum seekers who make it that far are ultimately denied asylum and deported (and some remain detained during the entire Immigration Court process).
Given all these risks, it’s clear that the best alternative is to come to the United States with a visa and then seek asylum after you enter the country. The problem, of course, is that it is very difficult to obtain a U.S. visa, especially for nationals of countries that tend to send asylum seekers to the United States, and especially especially for such nationals who want to come here with their spouse and children.
As lawyers, though, we have an ethical obligation to inform our clients of the options and to let them make their own decision. So when a father comes to my office and I explain the delays in the asylum system, and I tell him that he probably won’t see his children again for two, three or more years, and then he asks whether there is any way to bring his children here sooner, what am I to say? I suppose I can tell him about the process to expedite cases, but that process barely works and, at best, it is very unpredictable. I can also advise him to try to get visas for his family members, but we both know that this probably won’t work (and it’s also ethically questionable, since I would be advising the family members to come here on a non-immigrant visa when I know they plan to remain here permanently). But what about the “Mexico option”? Do I have an obligation to suggest that his family members apply for Mexican visas, which may be easier to get than U.S. visas, and then come to the Southern border for asylum?
The more I have considered this path, the more I think I am obligated to tell my clients about it. For one thing, it is entirely legal (yes, the title of this article says that it is “illegal,” but let’s call that a literary flourish to make the subject of the article more clear). If they arrive legally in Mexico, they can travel to the U.S. border and–even though they do not have permission to enter the United States–they can request asylum at the border. Despite misperceptions to the contrary, requesting asylum at border is legal. See INA § 208(a)(1).
Under U.S. law, the “circumvention of orderly refugee procedures” generally does not block a person from obtaining asylum. See Matter of Pula, 19 I&N Dec. 467 (BIA 1987). In other words, if a person does not wait for resettlement as a refugee, but instead travels to the U.S. to seek protection, he is not blocked from receiving asylum. Indeed, in my office, we have represented many people who arrived without a visa at the Southern border, and none of them was denied asylum due to the “illegal” entry.
So if a client is here in the U.S., stuck in asylum purgatory, and asks what she can do to bring her spouse and children to the U.S., I suppose I must mention the “Mexico option.” I can’t say I would recommend this option—the spouse and children will likely end up detained—but I do not think this is a decision for me to make. Maybe they are better off in detention, with a chance of release to join their asylum-seeker family member, than in the home country indefinitely separated from that family member and possibly in danger themselves.
As a lawyer, I have an ethical obligation to inform my clients about all the lawful options available to them—even the options I personally do not prefer. The path through Mexico may be an option for some, and asylum seekers have a right to know about it, so that they can make the best decisions for their families.
Hi Jason,
I came into the USA with F1 visa, however, I fell out of status due to financial reasons in July 2017. I filed for asylum in September 2017. I also applied for reinstatement in November 2017. Last two weeks I applied for EAD. I also got a letter last week for the first time concerning my reinstatement, where I was asked to provide reference of evidence. I was asked to provide transcripts from the school that terminated me and also provide proof of financial capability to cover the period of studies in the US. I am very scared because I don’t know if I will be given my work permit because of the reinstatement issue. I don’t know how to approach the school that terminated me asking them for transcripts seeing that I am still owing them. My questions are; Do you think that I am doing the right thing by fighting for the two cases? Do you think I have any chance of getting my work permit if I refuse to provide the reference of evidence for the reinstatement before the deadline given. Do you also think I should forget about the reinstatement case at this point? Answers would be appreciated . Thank you Jason.
I don’t know much about re-instatement, but what from what you write, it sounds like you may not qualify to re-instate your status. You might want to talk to a lawyer or the school for help. I think just because you owe them money, that is not a reason to avoid talking to them. Maybe they can help you get re-instated and set up a payment plan? I don’t know. As for the asylum case, your efforts to re-instate (or not) should have no effect on that – they are two separate cases. I do think you need to be careful about the one-year asylum filing deadline, since you went out of status in July and filed for asylum in September – at least you should be aware that that could be an issue in the case. I wrote about that on January 18, 2018. Take care, Jason
Dear Mr. Jason
I will appreciate your advise on my case detailed below
and whether you can be my Lawyer to help me enter US again, further I have a US citizen child and I filed for custody against his father who is US citizen when the US consul promised to guarantee my entry visa If I have a court there but I failed to get entry visa and I lost the case because I failed to attend the hearing session
This my asylum case, I had Asylum in US 1999 I was granted the asylum very easy because I am a human rights activist in my country, but i left the us and i was forced by family matters to go back to my country when i arrived NY airport they knew that and took my travel document and let me enter the country after one month I left US again that was happened in 2007, and I tried to get non immigrant visa but I failed, my question is that can I seek asylum again at Mexico border entry port , your response will be appreciated
Thank you for your cooperation and assistance
regards
If you arrive at the US/Mexico border, you should be permitted to seek asylum, but you will likely be detained, which will make it more difficult to win your case. I am not near the border, and I would not be able to assist with such a case. Take care, Jason
I think I have to be at a US entry port to seek asylum, can I seek asylum from out side US , in my case can I file for readmission from out side US, is it easy to do that through your office
To seek asylum, you have to be in the US or at the US border. Maybe you can apply with the United Nations for refugee status from outside the US, but that is a slow uncertain process. As for our office, we generally only assist people with cases who are already in the US. Take care, Jason
So is it good idea to cross the border illegally.?
Not in my opinion, but it is not something I can advise you about, sorry. Take care, Jason
Actually, I am flying to Ecuador and take bus to Mexico. I want to know, if there is a way that you can help me .
Sorry, I can only assist people who are in the US. I can tell you that if you apply for asylum at the border, you will be detained and you will likely remain detained during the entire course of your asylum case. Take care, Jason
My name kwesi,I am Ghanaian but lives in South africa.Is a,way to get to Mexico with a visa .so that I can get to the USA border to seek asylum.?more over can I call you ,to be my lawyer when being detained.help me.here.
my name is John i been living in usa four 10year i was applying four asylum but i left befour the court date i was going to see my grand father was sick then the court orded deportatoin on my cas i been out four almost 5year
did you think you honor i can apply four visa
my name is John i been living in usa four 10year i was applying four asylum but i left befour the court date i was going to see my grand father was sick then the court orded deportatoin on my cas i been out four almost 5year
did you think you honor i can apply four visa
if i have mexico visa can i aplly four asylum in mexico baord
i dont car about how long iwill be waiting in jail better than go back homme
You can apply for a visa – whether you are barred from entering, I do not know, as it depends on your case. Typically, there is a 5-year bar for people ordered deported, but there are often other bars as well, depending on the case. As for applying for asylum in Mexico, you probably can, but you should talk to a lawyer in Mexico about that. Take care, Jason
Hi Jason,
I have a question, appreciate your patience reading the details
– I came to the US using H4 visa, dependent on my wife’s H1b
– Since day number one in the US, we discovered that my wife is pregnant in the 2nd week, and she had dangerous complications out of pregnancy, that prevents her from working. So, she has zero working day using her H1b
– We applied to asylum since 3 years, as advised by friends as returning back to our home country is dangerous and prone us to kill
I am not sure what the question is, but I do think it would be helpful for your asylum case to include info about your wife’s difficult pregnancy, as that helps explain why she came to the US on an H1b but never worked. Take care, Jason
My name is micheal written you from Nigeria
,am about to get mexico
> visa so that i can legally enter mexico and find
my way to u.s bodder
> where i can apply for asylum,i recently escape
a boko harram
> persecution which almost took away my
life,my question are (1).how
> long do they detain a person whit disability?
(2).what chance did a
> person coming from Nigeria has to get the
asylu
> m? (3) am been persecuted for been a
christain what is the percentage
> of chance do i have to won the interview
especially now that Donald
> trump is president? (4) what evidence do i
need for interview? because
> as at the time am struggling to escape the
persecution there was no
> chance to get any evidence.(5) according to u.s
immigration law,do
> they detain disable person that walk wit
crushes? becauae i walk wit
> crushes.Thanks
1 – I do not know. It could be hours or it could be months. 2 – It depends on the case, so I do not know. However, if you fear Boko Haram, I imagine they will want to know why you can’t live safely in some part of Nigeria where that group is not active. 3 – Again, I have no idea, it depends on the case. 4 – It depends on your case. If you say something happened, you should try to get evidence about it. If you were harmed, you should get a medical report. For this question, you need to talk to a lawyer about the specifics of your case; I cannot give you an adequate answer here. 5 – My guess is that if you show up at the border and ask for asylum, you will be detained. Take care, Jason
my name is cherif i been living in usa four 10year i was applying four asylum but i left befour the court date i was going to see my grand father was sick then the court orded deportatoin on my cas i been out four almost 5year
did you think you honor i can apply four visa
if i have mexico visa can i aplly four asylum in mexico baord
i dont car about how long iwill be waiting in jail better than go back homme
If you apply for asylum at the border, it may be that you are only eligible for withholding of removal, given your prior deport order. I suggest you have an attorney review your case and the likelihood for success before you make such a difficult journey and spend time in immigration detention. Take care, Jason
Hi, My name is Kamil Arlı. I am Turkish journalist and author. I am at the risk of being persecuted in my country.
I seek asylum in US. My wife has USA viza, after She arrives to USA, I would like to apply asylum throughout Mexican border of USA. Because ı dont have USA viza… How long must I wait at the US border?
Can you advise me ? In which steps I should follow?
If you apply at the border, you will likely be detained. Maybe you will be released and maybe not. If you are released, you can join your wife, though your case will be with an immigration court and hers will be with the asylum office. How long you could be detained at the border, I do not know, as some people are detained for many months or years; others are detained only for hours or days. Take care, Jason
Hi Jason,
I applied for asylum at the Mexican border, and as I was with my minor daughter we were released in just 3 days.
I have three questions, and I would really appreciate if you could answer.
1. I was not aware of the timelines of applying for EAD and I filed the I-765 form just a month after my release. Will I have problems for filing I-765 prematurely?
2. When is the actual start day of the 150 day clock for me?
3. In response to my I-765 I received the I-797c fingerprint notification and after that (on July 18, 2016) I received a “Request for initial/additional evidence” requesting my I-94. But, I don’t have I-94, so I submitted what I had, i.e. my “Order of release on recognizance” and “Notice of release and proof of service.” They received my docs on August 9, 2016, and I haven’t heard from them since. What do you think, are those docs that I submitted enough?
Thank You
1 – I do not think you will have any problem, but USCIS will probably deny the application for EAD; 2 – The day your asylum application, form I-589, is received by USCIS or the Immigration Court; 3 – I do not know, but if you are applying for the EAD as an “asylum pending” person, it will likely be denied. If you are applying as a parolee, maybe you can get it, but that depends on the status they gave you when you entered the US. Take care, Jason
Hello Mr. Jason, I am a US citizen who formerly did case management for teens at an agency in Texas. Somehow one former client contacted me through a mutual acquaintance. She is a very sweet 19 year old, living in the state of Michoacan with her 2-3 yr old child. She states that it is dangerous because of drug trafficking to live in her remote area. She wants to seek political asylum in the US at the border. She is asking for advice on this. I imagine she would like additional support from me in fulfilling her goal. I am willing to offer her limited support in terms of doing some credible research for her. I do not have much else that I can offer her. From doing a little reading, it appears to me that she would be detained while waiting for an interview. Is that correct? If she had a US citizen sponsor, what would that person have to do to help her out? Thank you for any light you can shed on this situation.
She will likely be detained, at least for a while. Maybe the government would be willing to release her to you. They might require a bond, which you or anyone else can pay. I do not know of any other obligations for you. By the way, unless there is more to her story, it seems like a weak asylum case, as generalized danger in a country is not normally a sufficient basis for asylum. Take care, Jason
Thanks very much. When we had a client’s adult family member detained, it cost the family something like $7000 to get him out…..I don’t think I can do much to help her.
Hi Jason,
I am currently trying to get information on requesting asylum at the Mexican border. My fiancé’s 10 year old daughter lives in Sinaloa (cartel infested). Her mother has been disappeared for years (they believe possibly dead), he is here in Texas with me. She lives with his mother, her grandmother. I was informed that once married I could apply for her to come as my step daughter with a green card, but it takes a year. She called us yesterday saying she wants to come with us because of the violence. They are raiding the houses and recently killed close to 18 people, 2 of whom are family members.
If she goes to the border with her grandmother and they request asylum, is there a possibility they will grant it? If so, will they release her to me? (and her dad) even if we aren’t married yet?
Thanks,
Yvette
It might help if you are married, or if your husband has some type of lawful status in the US (even if it is just a pending asylum case of his own). If she asks asylum at the border, she will likely be detained and held for a period of time (hopefully days, but maybe much longer). She will have a credible fear interview, which is an initial determination of whether she may qualify for asylum, and if she passes, she will have. Case before the immigration judge. If she loses the credible fear interview, or the case with the judge, she could be deported, though appeals are possible in both situations. Asylum cases for young children tend to go very quickly, so you should prepare the documents and the case before she comes here, so she is ready to proceed with the case. Besides asylum, she may also be eligible for Special Immigrant Juvenile status, which gets her a green card. In addition, of course, if you are married, you can file for her. I think it will be less than a year, but it will be more than six months. Given all the possibilities and the risk of detention, you would be well-advised to talk to a lawyer before she comes here. Good luck, Jason
After aplaying for the asylum is there any chance we can study here ?
Sure – most universities will want to see an EAD (work permit), which you can apply for 5 months after you apply for asylum. Seem universities may not need that, especially if you are only taking one or two course. You will likely pay out-of-state tuition, so you can do it. If you are talking about high school, then you can attend that immediately. In all cases, you need to talk to the school and see what they say. Take care, Jason
Hi Jason,
For the renewal EAD card, do I have to attach picture? This is my first renewal. I submitted my application without picture.
Thank you
Jason:
Since I forgot to submit my EAD renewal application, Can you give the list for the renewal?
In my case, can I submit my picture to USCIS now with writing my name and A number at the back of the picture? Or do I have wait untill the request from USCIS office?
Please advice!
Thank you
I cannot give you such a list. Check the I-765 instructions. As for the photos, you need to wait for the letter form USCIS, then you can send them. It should not cause much delay. Take care, Jason
You are supposed to include two passport-size photos when you apply for an EAD. If you failed to include them, USCIS will send a letter to you asking you for the photos. Take care, Jason
hi Jason ,
my wife applied for asylum based on FGM in Houston texas ,do you work in that field of expertise too.please if you do how can I contact you thanks
I do – you can contact my assistant Sinit at SHaile@DzubowLaw.com. She can help you. I am out of the office until after August 25. Take care, Jason
Dear Jason hi,
I am Ijaz from Pakistan.I have a valid Mexican Visit Visa up till November 7th , 2016. How can you help me to get Asylum of USA , Kindly write me in detail about your fees and procedure , and also give me yours mobile number so that i can speak with you ASAP.
Please reply soon
Thanks & Take care
Ijaz
I see you sent an email and I will respond later today. Take care, Jason
Hello , sir if i come to Mexico with visa on which city i can go to US border for Asylum and Mexico will allow me to go to US border side with out visa ? and is there any way that if i apply there and a lawyer can take me same time from border to USA with Asylum.
I think you can go to any border crossing. The Mexican government may be cracking down on this, so that might make things more difficult. At the border, you are not entitled to a lawyer, but once you are in, if you have a lawyer, she should be able to attend the credible fear interview with you. You might want to talk to a lawyer near the border to get a better idea of what is currently happening there. Take care, Jason
I appiled for both TPS and asylum,just got my 1st EAD based on TPS but my TPS is still PENDING!
Now my EAD is expiring soon shall I apply for renewal based on TPS(which I’m not granted yet) or renewal based on pending asylum???What’s more guaranteed?thx
Maybe asylum is better if you have passed the 150 day waiting period. The first EAD through asylum is free. On the other hand, if you want to keep your TPS, you can re-apply for TPS. I have not heard about a TPS case that is pending while the EAD is granted, but I have not done many TPS cases. Take care, Jason
Hi Jason,
Thank you for your very helpful resource. I’ve been on F1 visa for almost two years now in the US. I also tried to get a H1B visa, but haven’t been chosen. I’ve heard of a 12-month time-frame for people to apply for asylum. Would my case be denied if I apply for asylum? I’m afraid to come back to my country because of my sexual orientation.
Take care,
There are exceptions to the 12-month time frame. One common exception is that you are currently in status (meaning a full time student with a valid F-1 visa). If so, and if you apply while you are in status, you will not be blocked by the one-year bar. If you are no longer a student, the sooner you apply, the better, as you may still be able to meet the exception in the weeks and few months after you stop being a student. Take care, Jason
3476912582
Is there a way to only make genuine comments about your posts, and not people seeking specific advice about their own situation, visible?
My technical abilities are pretty limited, so I do not know how to do that. Plus, I do not have time for that and there are issues in terms of my ethical obligations. For these reasons, I prefer to keep everything public. Take care, Jason
Hi Jason
I submitted my asylum application to Chicago Office in October 2014, was interviewed December 13, 2014 and of course went through all biometrics process but still waiting on decision.
I am stuck, my lawyer can not do anything. We have requested decision request 3 times. Office replies back saying that, it is pending.
I see you have a lot experience in this, Can you please advise what I can or need to do to receive decision soon? Any information will be helpful. Thanks in advance
I wrote a post about this on October 21, 2014 – maybe that will help. The fact is, there is not much to be done, as the delay usually relates to security checks or because the case went to headquarters. The most extreme action is to file a mandamus lawsuit, but before you do that, you should exhaust the options listed in that blog post. Good luck, Jason
I submitted the i-589 +passport copies, Do I need to submit the asylum declaration (which is: my story +evidence) ASAP ,,,,or should I wait until they notify me for an interview then submit it!!!! Thx
It’s up to you. We submit the affidavit and other documents a week or two before the interview. You should check your local asylum office website, as there may be requirements about when you need to submit evidence (you can find the website if you follow the link at right called Asylum Office Locator). For instance, in our local office, all evidence must be submitted at least one week before the interview. Take care, Jason
Hi Jason,
Thank you for continuously help to Asylum Applicants.
i have submitted my asylum application in 10 March 2016, and according to USCIS Alerts for new asylum applicants it seems my applicant will be delayed for sure.
i have submitted my application in Texas from Utah, now i am getting out of cash and very difficult to get cash for even food, My friend offer my to come texas so he will give any little job for managing my food and some other expenses, so if move to Texas from Utah and change address at USCIS and live in Texas for some month and when i will get EAD i want move to Portland, Oregon so can i change my address again, will it effect my case, please help me in this matter.
second can i submit application for my EAD after 150 days or 180 days,
Thanks you so much, God Bless you.
__
Abraham
Moving won’t affect your case. You can file for your EAD 150 days after filing for asylum.
That is what USCIS, but I do not trust it, as I do not think all the offices understand the new rule. Maybe I am just over-cautious, but I fear that moving can create problems for the EAD. Take care, Jason
Supposedly, moving and changing asylum offices will not affect your EAD, but I do not trust that this is true. You are required to file a change of address when you move (form AR-11, available at http://www.uscis.gov), but I recommend that you keep your old address until you actually receive the EAD. It is possible that if you move, it will cause you to lose the EAD – in the old days, that was not such a problem, but now, when cases take years, it can be a disaster. If you have to move, maybe you can keep the old address, but move “temporarily” to the new address in order that you do not create problems for the EAD. Take care, Jason
Hi Jason,
thank you very much for your excellent help, GOD bless you brother.
Hi Thomas,
Thank you for your help brother, GOD bless you.
Hi Jason,
Thank you for your good for Asylum seekers.
My question is do you know how long it take for uscis to process family
Petition after a grant of asylum.? I just send out a petition for my wife and son abroad.
Hoping to reunite with my family after many years.
Thank you.
It varies. There are two parts – the first part, the I-730, takes anywhere from 4 weeks to 6 months. The second part normally takes from 1 to 4 months, but it depends on the country, and sometimes, there are problems which cause delay. Hopefully, you will be reunited soon. Take care, Jason
Hi Jason,
I have a question, appreciate your patience reading the details
– I came to the US using H4 visa, dependent on my wife’s H1b
– Since day number one in the US, we discovered that my wife is pregnant in the 2nd week, and she had dangerous complications out of pregnancy, that prevents her from working. So, she has zero working day using her H1b
– We applied to asylum since 3 years, as advised by friends as returning back to our home country is dangerous and prone us to kill
– We conducted the interview since 13 months with pending decision so far
– I still have 4 months on my H4 to expire
– I am working for a company now using my EAD, and they are ready to sponsor me for EB-2 if this doable
– I consulted my attorney, at the beginning he said it is doable, but then he returned the 2nd day, saying it is not doable because when applying to the EB2 the INS will know that my previous H4 is built on H1b has filed ZERO working days, and they will revoke the application
Can I ask you please for your opinion here? do you agree on above opinion? although my wife didn’t work for medical barrier?
I am excerpt his advise as below:
“You are technically no longer an H-4 visa holder because your wife is not working for the H-1B employer. The only reason it has not been revoked is the INS does not know about her not working. If you file for a green card they will discover that and deny your case. You are dependent on her to do what she said she would do when granted the H-1B”
I agree that your H-4 visa is probably invalid, and so you cannot get your green card in the US. However, you may be able to leave the US and return with a green card based on the EB2 visa. Depending how long you were out of status, this may be difficult or impossible, but you need to have your lawyer (or another lawyer) go over the case to see whether you are eligible to leave and re-enter the US with a green card. Good luck, Jason
Hi Jason,
Thank you for all the good info you provide to us as we go through the immigration process. I have a question for you: My Ead is expiring soon but i did reapply for renewal almost 90days ago. My question to you is if it does expire before i get the new one am i responsible to tell my employer about it? What are the consequences to continue to work with an expired ead if you are waiting to receive renewal? How will this affect my asylum case? Thank you.
If you work after the card is expired, it will not affect your asylum case. It potentially could affect your ability to apply for certain other types of visas (like changing to an F-1, for example – though this is probably not possible anyway). Your employer might also face a fine. Whether you are obliged to tell the employer, I do not know. Hopefully you will get the new card before you need to make a decision about this. Good luck, Jason
Hello Jason,
First I want to say congrats to you for your web page, is very helpful for all thanks for your dedication.
I have two questions:
1. I heard that asylum interviews were going forward few months ago, but now stopped again in some states like for example FL. is this true?
2. I have 3 years waiting for my interview, and still waiting…. during this time my passport has expired, will this be a problem the day of the interview? I understand that I need to bring it with me the day of the interview, but not sure if have to be up to date.
Thank you.
(1) You need to check the Asylum Office Scheduling Bulletin – a link is at the right; in the last few years, interviews move more slowly in summer, as more people are arriving at the Southern border, which causes more delay; (2) An expired passport should not affect your asylum case. Take care, Jason
hi jason
thanks for all efforts , i have question. can i applaying for green card after one year as asylee and leave the US to third country before i receive my green card.
thanks
Inshallah my friend. Just stay away from the kafir and ISIS.
Hi Jason,
Thank you for all the good info you provide to us as we go through the immigration process. I have a question for you: My Ead is expiring soon but i did reapply for renewal almost 90days ago. My question to you is if it does expire before i get the new one am i responsible to tell my employer about it? What are the consequences to continue to work with an expired ead if you are waiting to receive renewal? How will this affect my asylum case? Thank you.
If you work after the card is expired, it will not affect your asylum case. It potentially could affect your ability to apply for certain other types of visas (like changing to an F-1, for example – though this is probably not possible anyway). Your employer might also face a fine. Whether you are obliged to tell the employer, I do not know. Hopefully you will get the new card before you need to make a decision about this. Good luck, Jason
Hi Jason,
I have a question here, is there is a difference between Political and religious Asylum, i mean if USCIS treats same with both applicants.
—
Abraham.
There are several basis for asylum – political and religion are two. But it is the same application and the same trying. Take care, Jason
Hey Jason, I have a question about interim ead. Is it still valid? Some are saying that they canceled it but it’s still written in the ead form. Do you have any idea about this?
My understanding is that there are no more interim EADs, but maybe some local offices still issues them – my local office does not. Take care, Jason
So i have to check my local office? Thank you very much for your help.
Dear Jason,
I applied for the asylum in Texas, can I apply for the learners permit (driving) in Maryland without changing address? I have family in Texas so thats my permanent address but I am here for some temporary period but I might stay here for few months.
Asylum wait times have not been updated for March. Any thoughts on that?
Thank you.
They will eventually update the wait times for March. It is better to get the leaner’s permit in TX, since that is your permanent address. If you get it in MD, the asylum officer may want to know why you say you are living in TX, but have a license from MD. If they think you are lying about your address, they may think you are lying about your case. If you have good evidence that your MD address is temporary and that you live permanently in TX, that would help. Take care, Jason
Hi jason l’m hear with my kids and waiting interview 33month Without interview when I write to asylum office they answer me no resource to do interview
You can get an idea about how long you will wait for the interview if you check the link at right called Asylum Office Scheduling Bulletin. In some offices, the wait is longer than 33 months. Take care, Jason
Doesn’t this assume that the client’s family, and specifically their spouse, also has a valid fear of persecution? That may be true in some instances – certainly lots of oppressive governments target your family as well as you – but in cases like, say, gender persecution, the spouse or children would likely not have a valid asylum claim, so they would not pass the initial credible fear interview. So far as I know, just following to join an applicant doesn’t let you pass a credible fear interview. If the spouse has a credible fear, the children can follow, but if only the children have a credible fear, how can the spouse follow?
And if the spouse *does* have a reasonable fear of persecution, and is able to escape from the home country in the first place, how about applying through the UN High Commission for Refugees for a refugee visa to the US? There’s a numerical limit on refugees, unlike asylees, but you don’t get detained that way.
It’s a good point. The spouse or child could be rejected at the border unless they have an independent claim for asylum. Really, my question in the article is whether lawyers have an obligation to discuss the “Mexico option” with their clients. Certainly the likelihood of making a successful claim should be part of the discussion. Also, a person could try to apply through UNHCR/IOM, but that is a slow process (typically 18 to 24 months) and there is no guarantee of being resettled in the US. Take care, Jason
Hi Jason. I’ve been following your blog ever since I filed my asylum back in August of last year. I’ve learned so much from your blog and appreciate every effort you sacrifice to help us asylum seekers navigate the ins and outs. I just wanna share you my timeline.
August 11 2015-filed asylum
August 26 2015-did biometrics
January 15 2016-sent ead application
February 17 2016-put in service request for ead
March 13 2016-ead approved, receive it 4 days later
April 11 2016-received interview notice setup on April 28 2016
My asylum is thru Chicago office. I’m happy and nervous at the same time but iknow thru the grace of God finally able to see the light at the end of the tunnel.
You are very lucky to be schedule less than a year of applying. This is contrary to Asylum office scheduling buletin for Chicago?
Congrats. Looks like you are an exception. Good luck!
Are you mean put your case in short list and get interview appointment ?
Can you tell us how you get interview appointment early?
Good luck with the interview – it does seem that you got the interview faster than expected, but hopefully it will go well. Take care, Jason
Hi A Ponce,
did you applied Political Asylum or religious Asylum?
and what was your country of birth? if you like to share!
—
Abraham.
Do your office work to issue L1 visa, if yes what is the average fees?
if no could you direct me to trustful attorney.
Sorry – we do not. I cannot recommend anyone for that. Take care, Jason
Hi Jason
How long my family will wait at the border and how they will live?
Do they offer a camp or what?
Another question Jason, Do you believe the asylum office can monitor your phone calling, email and chatting to decide if you falsify your asylum story? Can they use these tools legally?
Regards
Regards
They’ll be detained and taken to jail. They might release them immediately, or they might keep them through out the entire court proceedings. For the second point, the US governemnt is not stupid. They’ll monitor you if they need to. They have other ways of finding out the truth too. Asylum officers are trained to tell if you’re telling the truth or not.
If they arrive at the border to ask for asylum, they will likely be put in detention (jail) where they will likely stay for days or months. It is not a pretty solution to the problem of family separation, but it is an option. As for phone calls and email, I doubt it, but apparently they do check your social media, like Facebook. Take care, Jason
Ahmed, you should NEVER falsify your asylum story. If your situation is really that bad, the truth is usually enough to give you a fair chance. However, if you lie, you can be permanently disqualified from any future immigration benefits.
Hi Jason, I have a question about post-interview background check. Does the origin country of an asylum applicant usually affect whether or not they would be thoroughly checked? Or is it just unpredictable, no matter where they are from – the Middle East or China/India etc? Thanks!
Take care,
There is no doubt background checks for a Mohamad from the middle east take longer than a Jesus from latin america. It might be a bit racist, but it’s the sad truth.
I do not know for sure, but my clients from Muslim countries (like Afghanistan, Iraq, and Syria) tend to wait much longer than clients from non-Muslim countries (like Ethiopia or Eritrea). This is not always the case, and some Muslim countries are not as slow as others, but that is what we have observed in my office. Take care, Jason
Sure! And when you get bored of waiting for a Mexican visa or finding an affordable flight, there are plenty of super-helpful travel organizations that can get you from Africa or Asia through Mexico and to the Rio Grande. Most of them offer a special deal where you can see Brazil, Columbia, and all of Central America on the way, if you don’t mind the layover in Charles de Gaulle Airport! Every lawyer should keep a handy list of these charming fellows ready for their clients’ spouses and children. Heck, it would be a great way to get some referral fees!
Cute – there is, of course, a fine line between advising a client to travel legally through Mexico and seek asylum at the US border, on the one hand, and telling them to travel illegally using a smuggler to get to the border, on the other. But it is the same line we see in immigration cases (and I suppose all cases) in general – we can try to subvert the system, or we can advise our client within that system. While I don’t like it, I also don’t like that my clients are separated from the children and spouse for years. If USCIS prioritized families, it would at least help alleviate the problem. Take care, Jason
To be fair, I went overboard for the sake of a joke. The route described in the article is a perfectly legal and rational way to facilitate family reunions. I would only express concern that a sudden spike in popularity of the “border route” might cause incidental increases in the volume of human trafficking using some of the same lines of transportation. I suppose fraud/trafficking-based concerns are apparent in every phase of immigration, though.
Unfortunately, the border route is already overwhelmed by people, mostly from Central America. The situation is a real mess, and this article suggests one possible idea that maybe some people could use (and lawyer could discuss), but it is pretty depressing that we are at this point. Take care, Jason
Hey! can you guys share with us ,any contact address of these travel agencies ,I think this can help!!!
Thanks for the idea Mr. Jason