In the field of immigration law, if you’re a reasonably-priced attorney in private practice, or if you work for a non-profit, you probably do a volume business. You have to, to make a living. And if you hope to get your work done, maintain a social/family life, stay healthy, and keep your sanity, there is one word that you need to keep handy at all times. As you might have surmised from the title of this piece, that word is “No”.
“Can I ask one quick question about my brother-in-law’s visa?”
– No.
“My friend’s lawyer said I can expedite my case if you just call the Asylum Office and ask them. Can you call them today?”
– No.
“I don’t have an appointment, but I stopped by to talk to you about my case. It will only take a few minutes. Can I see you?”
– No.
“You already completed and filed my asylum application, but I’ve decided I want to leave the country and withdraw my case. Can I have a refund?”
– No.
As the asylum backlog has turned into an unpleasant version of the Never Ending Story (without a cute little boy named Bastian to save us), client demands have proliferated. This is not the clients’ fault. It makes sense that they should turn to their attorneys with all their immigration questions (and their family member’s immigration questions) (and their friends’ immigration questions). While it’s certainly understandable, it puts the attorney in a difficult position.
In the good ol’ days, before the backlog, most asylum cases lasted less than six month. Even the slow cases were usually resolved in a year or so. But now, it takes years just to get an interview; never mind the delays post-interview. This means that the number of “active” asylum cases has increased. In my office, for example, I always had one large filing cabinet, where I kept my cases. Now I have three, and I might need to get a fourth soon (if you have one to sell, let me know). I’ve gone from maybe 60 or 70 active asylum cases to over 300.
With more numerous and longer-lasting cases, we lawyers have to spend much more time responding to our clients’ queries. Most of my clients are not particularly high-maintenance people, but even if they call once a month, and it takes me five minutes per call, that’s 1,500 minutes–or 25 hours–per month. That’s time I can’t spend working on other client matters, meeting deadlines or taking my traditional three-martini lunch. Indeed, if I was less protective of my time, I could spend all day addressing client questions, and no work would ever get done.
One way to turn these long-term cases in the lawyer’s favor is to bill the client for the lawyer’s time. That way, every five minute call translates into income. Many attorneys do that, but I suspect few lawyers specializing in asylum bill their clients this way, and it’s not how I do things. I hate keeping track of such little periods of time, and I hate nickel-and-diming the clients. They don’t much like it either.
The alternatives are not much better. Either the lawyer can say “no” to his clients, or he can go crazy trying to answer all their questions.
In my practice, I try to at least say “no” gracefully:
“Can I ask one quick question about my brother-in-law’s visa?”
– I’m sorry, I can’t answer questions that are not related to my clients’ cases. If he wants to come in for a consultation, he is welcome.
“My friend’s lawyer said I can expedite my case if you just call the Asylum Office and ask them. Can you call them today?”
– Actually, it does not work that way. I can email you a document explaining the expedite process.
“I don’t have an appointment, but I stopped by to talk to you about my case. It will only take a few minutes. Can I see you?”
– Sorry, I have a deadline and I cannot meet right now. If you talk to my assistant, she can schedule an appointment for you.
“You already completed and filed my asylum application, but I’ve decided I want to leave the country and withdraw my case. Can I have a refund?”
– Hell no! Get outta here before I call ICE and have you deported!
OK, that last one is not exactly how I would respond (and the subject of refunds is probably worth its own blog post one of these days), but you get the idea. You can say “no” and be protective of your time, at least to a large extent, while still helping your clients (though maybe on your time; not theirs).
And obviously there are real emergencies when the client does need advice immediately, but I find that these situations are rare. Indeed, many client “emergencies” are not urgent at all–the client just wants to know the answer to a run-of-the-mill question, and she wants to know it now. I usually ask the client to email me the basic details of the emergency, so I can decide for myself how urgently I am needed.
As with so many things in legal practice–and in life–the key here is balance. We need to be responsive to our clients, but we also need to protect our own time, so we can get our work done. Learning to say “no” is not always easy, and for me at least, it does not come naturally. But saying “no” in a respectful way is an essential skill for all immigration lawyers.
Hello Jason
I have applied for Asylum In May 2016 I have also applied for advance Parole in order to meet my wife and children in a 3rd country , my passport will not be valid by mid next year ( expired) ,I probably will be able to travel once before it expires but if the case drags for years aand my passport expires what can be done ? Can I get a travel document before case is approved?!
I think you would need to renew your passport if you want to travel; there is no trawl document unless you win the asylum case, which probably will take some time (maybe years). Depending on your case, this could make it more difficult for you to win asylum. You may want to talk to a lawyer about the specifics of your case to get a better idea of the risk you face by renewing your passport. Take care, Jason
I am primary applicant in my case. My wife and one of the kids(derivative applicants) have some medical condition that needs treatment. I earn only $ 1000 a month since I don’t have EAD yet. The cost is like 10 grands. Flying them back to Asia and get treated there is lot cheaper but my lawyer has denied to apply for Advance parole for them. Her assistant even said you can drop your case and go back rather than parole. What can I do?
They can apply for Advance Parole using form I-131 (available at http://www.uscis.gov). They have to give a “humanitarian reason,” like the need for medical treatment, and some evidence about that, like a doctor’s letter. Not everyone qualifies for Advance Parole, but in general, it should be do-able. Maybe talk to the lawyer again. Of course, you cannot go back to the country of feared persecution without adversely affecting your case. Take care, Jason
Dear sir
I am an asylee from Ethiopia,currently my asylum case was on pending yet i had a work permit.my wife back home is seriously seek and her families are planning to take her for further treatment in either india,Thailand or Dubai.
I am thinking of filing z form i-131 …but people are telling me returning back will be difficult and it all depends on the duty officer at the airport…and even if they let me in …it will still affect on the decision of my asylum case.
I am really confused and stressed , I have no idea what to do.
Could you please advise me.
Note:i am planning on going to any of the third country.
I am not going Ethiopia.
You need to apply for advance parole before you leave the United States. If they grant you it because of your humanitarian reason, you may leave the United States to a third country and come back without facing any problems hopefully. I suggest you hire a lawyer to help you file for advance parole.
Then you should be fine – That is the whole purpose of Advance Parole – to travel to a third country for an emergency. Take care, Jason
You can ask for Advance Parole using form I-131 while your asylum case is pending. You have to give a humanitarian reason for the travel (like a doctor’s note explaining that your wife is sick). If you go to your home country, it could cause your asylum case to be denied and maybe it would cause you problems at the airport when you return to the US. Even in the worst case, if you get back here and the customs officer seeks to deny you admission, you can claim asylum at the airport. This may result in your detention, but you should get back into the US and you should be able to present your claim. It is far safer, if you travel, to meet your wife in a third country (not Ethiopia). This is allowed and you should not have problems returning to the US. If you do plan to go to Ethiopia, you should talk to a lawyer before you go, so that you can get some guidance about what to do, and so that the lawyer can better evaluate your chances of returning safely to the US. Take care, Jason
Hi Jason, my asylum case was approved in September 2015. In Januray 2016 my father was diagnosed with a terminal brain tumor. I had no choice to go back to my home country on refugee travel document. I reached here on April 6th and he passed away on May 27th. I am flying back the the US on July 1st. I have documented proof of his illness with pictures. My wife and my two sons will accompany me (one is US born). What should we expect on our return. Is there any chance that we will be given an opportunity again to continue in the same status. Will I face any problem when I apply for green card this September if I am allowed a smooth entry. Please advise. Thanks.
According to section 208(c)(2)(D) of the Immigration and Nationality Act (INA), 8 U.S.C. 1158(c)(2)(D), asylees who travel to the country of claimed persecution and who have applied for asylum on or after April 1, 1997, their asylum status may be terminated if the U.S. Government determines that they have voluntarily availed themselves to the protection of their country of nationality. There is a big chance you might not be allowed in, but, you can try. Gather all documents you can and show them to the customs officer upon clearing immigration when you land in the U.S. Good luck.
Thanks, I will definitely try and share my experience with everyone. I am positive I will be able to prove my case as it is genuine.
Most likely, you will just get it. In the worst case, you could be detained and the government will try to take away your asylum status (there is a process for this). It sounds like you have a good defense(sick family member, relatively short trip home), and anyway, this is a very unlikely scenario. Maybe you want to have a lawyer on stand-by, just in case. It is possible that you will have trouble when you apply for the green card, but again, unlikely. More likely, it will come up when you apply to be a US citizen. Really, the only thing you can do is to keep documentation related to the reason for your travel, and the fact that it was not a long trip. Good luck, Jason
Thanks Jason!
Can you be my lawyer ?
You can contact me at JDzubow@DzubowLaw.com. Take care, Jason
To reenter the United States if you have asylee status and do not yet have a green card you will need a refugee travel document. You can apply for this after you have left the United States, but you will need to apply within one year of the date you left the United States.
You may want to contact the International Refugee Assistance Project (info@refugeerights.org), a nonprofit that provides free legal assistance for some people in your situation, for help with applying for a refugee travel document.
Hi Jason
I am just curious, are they putting every asylum seeker which there cases been refereed to the court under (ISAP) program, and does this think will effect EAD renewal?
Not as far as I know. We have not had an asylum referral in a while, but we have never had any client who was referred to court and then place under supervision. Take care, Jason
Maybe is different in each state and they just starting doing this recently last 6 months but as I know in my state everyone which their cases has been refereed to the court had been placed under this program to keep track of them especially everyone master hearing is scheduled on 2019, or maybe It is a new privilege in the asylum system adding to backlog, long waiting time and EAD delay and God knows whats is gonna be next. thanks Jason
Interesting – I had not heard about that. What state are you in?
Michigan, and as I heard from ICE officer that Its order from the president and I think ( not sure though) the reason they are doing this because the undocumented children and their families who fled to the southern border of U.S after they been released from detention, most of them didn’t show up in their hearing and they just disappeared with 11 million illegal immigrants in U.S so they are doing this for everyone in removal process.
I had not heard about it – Thank you for letting me know, Jason
hi i applied work permit for my sons they are 17and 18years old but i recieved just for my 18 son and ithe card had some wrong !!my 17son ‘s picture with imformation my 18 son !! i wrote a letter and return back to uscis and i explained that we do not use it
we waiting four weeks but we didnt recieve anything what should i do??? my sons need to have SSN and driver liecnce please tell me what should i do??? thank you
It can be difficult to correct an erroneous work permit. If the error was by USCIS (and not you), you can try to argue that they should fix it, and that you should not have to pay for a new work permit, but this is not easy. Instead, you may need to apply for new cards and pay the fee or submit a fee waiver (form I-912). Given that there are multiple issues here, it is probably worthwhile for you to go to USCIS to talk to them in person before you file anything. You can do this by making an Info Pass appointment at http://www.uscis.gov. Aside from this, you might want to talk to a lawyer before you re-file with USCIS. Good luck, Jason
HUSCIS have not published its monthly report for asylum Affirmative asylum cases for April 2016.is any update?some one says that there is rush in cases and they give interview chance by lottery?
Hi,It’s time for May month already.
I have not heard about this, and I doubt it. I do not know why it is not yet updated, probably just because they were too busy to get it done. Take care, Jason
Hi Jason
I prefer to get my asylum rejected rather than waiting infinity period.
No decision
No work permit
No jobs
Why asylum process in Canada and EU is easier than in USA?
Where is the humanity when breaking father and mother hearts.
My kids missed me a lot, what shall I do?
The USCIS put our cases in the trash and said it is under process.
Please God help me to die well.
I agree with you, though I am not sure the situation in Europe is better at this point. You can apply for the work permit 150 days after you filed for asylum, and I have listed some ideas to try to expedite a case in a posting dated February 26, 2015. Maybe that will help. Good luck, Jason
Thank you for the information and advice you are providing on this blog!
I have two questions:
1. even though USCIS website says EAD for C(8) category is processed within 3 weeks but my EAD is taking more than 50+ days what shall I do?
2. My profession requires some international travel does USCIS allow work related travels (not to my country) and do I have to apply before I take job offers?
One again Thank you for everything you do!
The listed processing times are completely false. I do not know why they post them. As for travel, if you have an asylum case pending, you can travel and return using Advance Parole (form I-131, available at http://www.uscis.gov). You need to give a “humanitarian” reason for the travel, and I do not know whether they would approve an application if the reason for travel is work-related. They might (I have a doctor client who was approved to travel for his work), so maybe it would work. Good luck, Jason
Thank you for the Swift response!
Hi Jason,
Do you have any experience dealing with Uyghur Minority Clients from North western China?
I have not specifically done such a case from China, but asylum is basically the same regardless of country of origin or basis for the claim. It is just a question of learning the specific facts related to the case. Take care, Jason
Hi Jason,
I’m waiting for my interview since June 2013. I’m currently on F1 status but it gonna finish this year. My parents want to visit me because obviously I cannot visit them, I read online in some websites that US embassy won’t give visiting visa to pending asylum family members, is it true? My dad & mom just want to visit me, they have business and other kids in my country and never think to stay here and for sure they will return to home country. Unfortunately my lawyer doesn’t reply to me, I sent this question to her more than 10 times but she never responded since a year ago.
I did a post about this on April 18, 2014 that may be helpful (this post is more about spouses than parents – the problem for parents is less bad). They should apply. My guess is that they should have a decent chance to get the visa; they just need evidence that they will return home at the end of the visit. Also, if your lawyer really does not respond after 10 messages, you probably need a new lawyer. Take care, Jason
Hello Mr. Jason
I can get my parole travel document in the same time of applying
or that only for emergency travel documents
You can apply for Advance Parole while your asylum case is pending, using form I-131. You need to give a humanitarian reason for the travel. Take care, Jason
Hello Jason , Thanks for great website and your effort , It makes me to feel more comfort about everything , I also need to apply for advance parole , My lawyer charge 500 $ to do that , do you suggest me to apply it by my own or help from my lawyer?
It can be a lot of work, and to me, that is a fair price. I tell clients that they can apply on their own, or use a lawyer – it is up to them. USCIS does sometimes deny AP case, though I think they are better about this now than the used to be, so maybe it is worthwhile to have a lawyer, but really, it is up to you. Take care, Jason
Thank you so much Jason for great response , I will chose my lawyer to do that. I have asked some questions before but looks It didn’t post with some reason. Little background about me so you can guide me better. My nationality is Iranian and I have came to U.S as a F1 Student 4 years ago, My last entry was two years ago ( which I went two weeks to visit my family in Iran and come back ) , I have converted from Islam to Christianity last year after researching a lot about christianity and I have filed my asylum case 2 months ago ( it means around 2 years after my last entry to U.S and 4 years after my first Entry ) , However I always maintain my F1 status , Now my questions are :
1- Since right now I’m in college its hard for me to afford the university tuition , Do you think its better if I apply for EAD and go out of status to avoid costs and working and wait for decision for my case ?or is it better if I only apply for OTP to maintain my status and then go to University and wait for decision?
2- I currently live in Dallas , So my case will be in Houston , From the very interesting data you have posted I saw the Houston has the low percentage of acceptance ( I don’t know if it apply to my case which is maybe more strong than other countries cases) and I really like to move to Southern California , Do you think it will help to my case to get more chances to approve ? Or do you suggest me to stay here for the next couple years to see the result of my case?
1 – it’s up to you. If you are out of status, and you lose your asylum case, it will be referred to court where you can try again. If you are in-status and you lose, you will get a letter from the Asylum Office explaining why they want to deny the case, and you can respond. If they still deny your case, you will just continue in F status, as you were before. Also, if you stay in status, you my have other options, like an H1b visa. But either way, it does not affect the likelihood of winning asylum. 2 – I think that data is too vague to be of much use. I think you should live wherever you think best. Plus, cases in LA are very slow, so that is a disadvantage of moving. Take care, Jason
Thanks Jason , I was waiting for your answer couple days but I have noticed now , with some reason your answer was on the bottom of page in blue color !!!
Thanks for great response.
Hi
I applied for asylum case since July 2014 and it’s still pending I have applied for parole travel documents last year can I apply and get this year and do I need my lawyer to be with me when I’m going to apply
Thanks & Regards
You can apply for Advance Parole to travel. You do not need to use a lawyer for that, but of course, you can. Take care, Jason
Thanks again one more question please I’m in New Jersey can I apply in Lyndhurst immigration office for the parole travel documents and what the validity of the document
Thanks and appreciate
Hi Mr Jasson, I had my asylum interview about 2 months ago and I am still waiting for the decision, do you know how long it takes? Also can I apply for travel documents to go out of country to see my family while my case is pending?
You can apply for the Advance Parole to travel and return, though you cannot go to your home country. The form for that is the I-131, available at http://www.uscis.gov. You need to give a “humanitarian” reason for the travel (like a sick family member and a letter from the doctor). As for the wait time, I do not know – some people wait many months or years. Hopefully, you will get a good decision soon. Take care, Jason
Hi sir jason
As SF one of the faster asylum office , did they also faster in giving desition ?
I do not know – You might try to ask a non-profit (like Catholic Charities) in the SF asylum office area; they may know more about your question. Take care, Jason
Hi Jason. I have a quick question for you. Based on your personal experience, are most referrals to immigration court after interview with an asylum officer done in two weeks? Thank you so much for your time and God bless.
I think probably not. In other words, maybe you are asking, is it a good sign that my case is delayed, because it means USCIS will grant the case? I am not sure about that – most of our cases are granted, whether the decision is fast or slow, but once in a while a long-delayed case is denied. So it is hard for me to answer the question. Take care, Jason
I’ve been inundated lately with the client who just absolutely HAS to talk to me, no he can’t leave a message with the receptionist, no he can’t email me, and when I finally take the call just to give the poor receptionist a break, what was so important? “I am sending you my documents today.”
Sounds terribly important to me. What’s the problem?
I receive this from USCIS, What that means:
“we are waiting the results of mandatory, confidential investigation of your identity and background. There is no need to contact our office. You will be notified as soon as this investigation is complete. You may be contacted to submit another set of fingerprints for this investigation.”
I read the below FAQ on USCIS website and do not know why they did not provide me Recommended approval like other cases?
What is a Recommended Approval of Asylum?
You will receive a recommended approval of asylum if an Asylum Officer has made a preliminary determination to grant you asylum, but USCIS has not received the results from the mandatory, confidential investigation of your identity and background. If the results reveal derogatory information that affects your eligibility for asylum, USCIS may deny your request for asylum or refer it to an Immigration Judge for further consideration.
It means that you qualify for asylum, but the case cannot be approved until a security background check is complete. Unfortunately, that can take a very long time. Hopefully, you will be lucky and they will finish the case quickly. Take care, Jason
Hi Ahmed
it seems they are just waiting your security background check only, hopefully you get final approval soon. just be positive.
good luck.
t seems they are just waiting your security background check only, hopefully you get final approval soon. just be positive.
good luck.
I know I am acting totally similar to those ppl you say no to, but I’d appreciate any response, even late.
I am on J1 now but it will end by September; and now I am also an asylum applicant but it might take years for my asylum to be accepted, as you know. Is it okay for me to apply for NIW green card (bc I have PhD in chemistry) while I am waiting for asylum interview?
You can apply, but to actually get the green card, you may need to leave the US. You can expedite an EB-2 NIW case, and so it could be finished by September before your J-1 expires. Of course, many J-1 visas have the two-year home residency requirement, which you might also need to deal with. I think you need to talk to a lawyer about the case. Good luck, Jason
Thank you; no I am from Iran and we don’t have that requirement.Thanks!!
Jason, any thoughts on the new 4th Circuit case of Ndibu v. Lynch that came out last week?
On the surface, it seems a straightforward case: lie on your asylum application, and you can later be denied a green card through marriage that you otherwise would have qualified for, and be removed. The warning against fraud on the I-589 is enough, at least if you filled out the form yourself, even if the immigration judge didn’t give you an extra warning at your individual hearing. Reasonable enough.
What bothers me, though, is that this alien had properly moved for a waiver of his grounds of admissibility (i.e., his fraud). Fraud is a waivable ground of inadmissibility. But it looks like the IJ treated the fact that the alien had lied as *conclusive* in denying his motion for waiver. At least, his false statement was the only reason mentioned for denying his motion. There’s no mention of hardship to the alien’s U.S. citizen spouse, and no mention of any other factor being considered. That’s in the 4th Circuit’s decision; the BIA doesn’t seem to have published its own opinion on its website.
I’m not sure it was a bad result. This guy had already been up to BIA and back down again once before he admitted lying. He was clogging up the system for months while other folks were in real danger of persecution. If the courts had said that was the reason for denying his motion for waiver, I’d nod and move on. But if the lie alone was the only reason that his motion was denied, then I’m not sure he got a fair shake.
It is fair. He used resources up others really needed. If anything, he lost credibility for anything he says even after he was denied asylum. That fact that he confessed after waiting all this long is despicable by itself. Who knows, maybe his marriage to a US citizen is/was also frivolous.
I did not yet look at the decision, but I thought it had to do with giving a verbal warning vs. the written warning on the I-589. I am not all that sympathetic to people who lie, but what is lost in such cases is that the person often comes from a country where the government cannot be trusted and where lying to the government is standard procedure. I am not sure what to do about it, but given the background of many asylum seekers, it would probably help to explain the consequences of the lie be sure that the applicant understands. Of course, that takes time, and “the system” does not have time to spare. Anyway, I will check out the decision. Thank you, Jason
What do you mean by lie on your asylum application?
I wrote that my family stay in X country while they stay in Y country. Is that consider lie?
If you did not tell the truth about where your family is located, USCIS will consider that a lie, which could certainly have a negative effect on your case. Take care, Jason
Hi if I am waiting for my asylum decision which usually take too much time.can I travel back to my home country in amergency without informing the asylum authorities?
thank you.
If you leave the US, you probably need Advance Parole (form I-131, available at http://www.uscis.gov) to return here. If you visit the country where you fear persecution, it is very likely that this will cause your asylum case to be denied. Also, if you lie to the government about your travel and they learn about it, that would also likely cause you to lose your case, and could result in other immigration or even criminal penalties. Take care, Jason
I filled my case in Jan 2015, my attorney told me, my case will be settled in 6 months, she ask me to submit full fee because they have policy to get full fee before submission, you know how much I paid; 8000$ still I am not able to give back this money to my friends. Every time I emailed her regarding some issues or problems wouldn’t get reply and when I call her, reply was “we will call you back,” but that reply wouldn’t come back. Recently I got email from her, I will get my interview very soon so make a appointment with me, I took off from work and went to her, what happened her assistant met with me and asking for more money around 4000 for few free kinda things. Now I am thinking death at my country was better than this wait. I lost expectation from USA. Sorry for my english.
I am not Jason but your sad story makes me want to give you my advice.
Do not lease any expectations in the US. The US did not put you in this terrible situation. It is your apparently bad lawyer that put you through this situation.
1. Even the best/famous/expensive lawyers I heard of do not charge $8000 to file the case.
2. In this era of backlog, I have not heard of Asylum cases filed in 2015 that took just 6 months. Maybe she did not provide you with an accurate information.
3. For me she is clearly trying to take advantage of you by asking you to pay an extra $4,000 just to get you ready for the interview. So in the end, you will pay at least $12,000 for your asylum case? I am speechless.
If you want to know if you will soon have an interview, check the “Asylum Office Scheduling Bulletin” (second link on top-right of this page) where they tell you the latest cases (by filling date) that they are interviewing.
I agree with all this too – Thank you, Jason
It seems like something is very wrong here. You should find another lawyer and have the new lawyer review your case. If your lawyer has stolen your money (which seems possible, given what you’ve said here), you should file a bar complaint against her and maybe sue her. Unfortunately, your story is pretty common. Good luck, Jason
The only asylum cases that I’m seeing interviewed within six months are applicants under age 21.
I find you show exceeding patience in the comments section responding to people’s questions about their own processing times or whatever – something that often has nothing to do with the original topic of your article.
The lawyer’s prayer: Lord, give me patience… and give it to me right now!
Sounds pretty impatient to me! Haha
Jason is a rock star!!! He is even patient with people that are rude and aggressive towards him.