Earlier this week, DHS Secretary John Kelly issued a memorandum describing how DHS plans to implement President Trump’s policies concerning “Border Security and Immigration Enforcement Improvements.” Here, I want to discuss how this memo could affect the asylum system.
First, for people granted asylum or who have obtained their residency (green card) or citizenship through asylum, the memo has essentially no effect. The only possible exception is that DHS plans to expand the Fraud Detection and National Security Directorate (affectionately referred to as the FDNS), and if DHS somehow discovers that a previously-granted case was, in fact, fraudulent, it could reopen that person’s case. Also, given the Trump Administration’s stepped-up enforcement, it is a good idea to carry proof of lawful status with you at all times, just in case you are stopped by the authorities (and in many cases, non-citizens are actually required by law to carry proof of immigration status).
For people with asylum cases currently pending–before the Asylum Office or the Immigration Court–the memo also has little effect. As I have written here before, a person with a pending asylum case cannot be deported from the United States without due process of law, meaning a hearing before an Immigration Judge and an appeal. So while the atmosphere for asylum seekers has become more toxic, the substantive law and procedure remains largely the same. As mentioned above, you should carry proof of your pending status (work permit, asylum receipt, court order) with you at all times.
One possible issue for people currently in the system is more delay. The DHS memo directs USCIS “to increase the number of asylum officers and FDNS officers assigned to detention facilities located at or near the border with Mexico to properly and efficiently adjudicate credible fear and reasonable fear claims and to counter asylum-related fraud.” The memo also envisions a “joint plan with the Department of Justice to surge the deployment of immigration judges and asylum officers to interview and adjudicate claims asserted by recent border entrants.” Assigning more Asylum Officers and Immigration Judges to the border (either by physically sending them there or by having them adjudicate cases remotely), obviously means that those adjudicators will not be available to work on the hundreds of thousands of cases in the backlog, and that could mean more delay. In addition, the memo calls for hiring thousands more immigration officers, and for stepped up enforcement and detention. If all that happens, many more people will be channeled into the Immigration Court system, and unless more judges (lots more judges) are hired, the influx of people into the system will cause further delay. On the other hand, the memo also calls for expanded use of “expedited removal,” which may end up removing certain cases from the system and cause the remaining cases to move more quickly. How all this plays out, only time will tell.
Another possible issue for people with pending asylum cases is the increased focus on fraud. The Immigration and Nationality Act and the REAL ID Act, along with the Code of Federal Regulations, and case law set forth the standards for evaluating credibility. The DHS memo calls for “enhancing” asylum referrals and credible fear determinations. While this would not directly impact people with pending asylum cases (as asylum referrals and credible fear determinations occur prior to a case being sent to Immigration Court or to the Asylum Office), it might signal DHS’s intention to subject asylum cases to greater scrutiny. Also, of course, expansion of the FDNS points towards a greater focus on asylum fraud, which could impact pending cases (personally, I think DHS should be doing more to combat asylum fraud, as long as they are doing so effectively, as I discuss here).
For people inside the United States who plan to seek asylum here, but have not yet filed, the memo may affect you. If you entered lawfully with a visa, you should be able to apply for asylum as before. Indeed, even if you entered unlawfully, you should be able to seek asylum as before. However, if you entered the U.S. without inspection or based on some type of fraud (how broadly “fraud” will be interpreted is not yet known), and you are detained by ICE (Immigration and Customs Enforcement) before you file for asylum, you could be subject to “expedited removal.” People crossing the border illegally who get caught or who surrender to ICE agents may also be subject to expedited removal.
People facing expedited removal are permitted by law to request asylum. If they indicate a fear of harm in their country, the law requires that an Asylum Officer perform a “credible fear interview” where the person must demonstrate a “significant possibility” that they could establish eligibility for asylum. If they meet this standard, their case will be referred to an Immigration Judge for an asylum hearing. If they do not demonstrate a “significant possibility” of winning asylum, they can be removed immediately from the United States (subject to limited review by an Immigration Judge). The DHS memo indicates that the government will greatly expand the use of expedited removal, though the details of the plan have not yet been released.
As you might imagine, there are some major problems with the expedited removal process. For one, ICE officers often fail to inform aliens of their right to seek asylum (or ignore their requests to seek asylum). If this happens, people with a legitimate asylum claim may be removed from the United States before they have an opportunity to claim asylum or have a credible fear interview. The expedited removal process is quite fast and there is little chance to retain counsel and defend yourself, and no opportunity to see an Immigration Judge. In addition, the DHS memo seeks to expand the use of expedited removal and raise the evidentiary bar for credible fear interviews. All this will make it more difficult for asylum seekers who are subject to expedited removal from asserting their claims. I plan to write another post on this topic, but I will first wait for DHS to clarify its position on expedited removal (in the mean time, if you want to learn more, check out this excellent practice advisory by the American Immigration Council).
Per its campaign promises, the Trump Administration is ramping up immigration enforcement efforts. People who have won asylum, or who have already filed, are largely insulated from those efforts, and without Congressional action, it is likely to remain that way. But if you are in the United States and you plan to file for asylum, you should do so soon (at least before your lawful status expires). Remaining here lawfully is the best way to protect yourself from the Administration’s enforcement efforts.
Dear Jason,
Hi, we applied for asylum Jan.2015,based on the asylum bulletin schedule our of Los Angeles Center they are interviewing cases filed on the year 2011, so that basically 5 years waiting or more..do you think the current memo will affect this schedules? will it be faster of longer in waiting? My second question is that I am currently employed and is it possible for my employer to petition me to get a permanent resident status? What if my company right now aggrees, what are the procedures.
Thank you.
God bless.
Kind Regards,
Jen
It is unclear whether Trump’s policies will make things faster or slower. Even before he was president, USCIS was aware that LA is the slowest office and they have been trying to improve the situation (though I have not seen evidence that they are having any success at this). It is possible that you can get a green card through an employer, but it depends on many factors and probably requires you to leave the US and then re-enter with the GC. You should talk to a lawyer before you start this process, so you understand whether and how you can finish the process. Take care, Jason
Hi Jason,
I want to make an INFO Pass appointment to ask USCIS this question: “I have a University who wants to do H-1B for me. I am out of status. 1) Can I get an advanced parole to go for consular processing in third country ?or 2) If I already have advanced parole for visiting relative in third country, can I go to embassy there while am visiting a relative? My intention is not defraud and say that I am getting for visiting relative, I have to see my sick mom anyway. My question is can I do consular processing of H1b since I am already there.”
Do you think they will be ok with me making INFO pass appointment for asking these questions?
I do not think they will answer these questions. Instead, you should consult with a lawyer about these ideas. Without knowing all the details, I think it should be possible to leave the US with Advance Parole, process the H1b, and return to the US with the H1b. However, you may not be eligible for this, and you should consult with a lawyer before you try it. Info Pass will not give you legal advice. Take care, Jason
Hi Mr Jason,
I have a question about transferring asylum cases and priority dates. I have applied since Jul 2014 , and now I am moving to another city (New York). When I transfer my case will I be placed at the end of the line like I just applied or my case will be processed according to the original filing date? they are processing September 2014 cases in NY right now, I have applied before that, do you think I will be called for interview after my case transfers?
another question, which documents do I need to provide as proof of move. will a state issued ID suffice?
Thanks
You do not need proof of a move – you just submit the form AR-11 (available at http://www.uscis.gov) to the local asylum office. After that, you should follow up with the old and new office to make sure the case is moved. You can find their contact info if you follow the link at right called Asylum Office Locator. Once you move, the interview should be pretty soon, as you are supposed to keep your place in the queue after a move. Take care, Jason
My question is about initial EAD time process. How long usually it takes to receive the first/initial EAD card? I applied after 150 days for my EAD and people say 2 to 4 months I should wait. Is that from 150 days or from the 180 days that we are able to start working?
I am telling people that it takes 2 to 4 months after they apply, whenever that is (in your case, 150 days). Take care, Jason
Dear Jason,
I appreciate your answering to our questions. The other question is, I live in MA and I send my asylum application to Vermont’s USCIS office. Now the office in Nebraska is working on my EAD. Sounds like they do some cooperation with Vermont. If I want to send a letter for expediting my case(EAD or interview), where I should send the letter?Vermont, Nebraska, or DHS in NJ?.
thanks again.
If you want to try to expedite the EAD, you can send a letter to whatever office sent you the latest receipt in the EAD case. I do not know that such a letter will help, but you can try. Take care, Jason
Hello, Mr jeson
I check my receipt number on uscis website, and it said this: we ordered your new card for receipt numberxxxxx and will mail it to the adress you gave us. My question is when it said that how it is take to have the card? I will apreciate to have your response thank you.
It may take a few weeks, but I expect it should be less than a month. Take care, Jason
Thank you Mr jason. God bless you.
Hello Asyl,
I would like to share my recent experience.
On 10th Feb it showed online – the same message as you indicated.
And on 15th Feb message changed as “Card was mailed to me”.
And I received my card by mail on 17th Feb.
It is from Houston, Tx office.
Relax, keep checking your post box every day !
Regards
James
Hi Jason,
Really appreciate your effort on maintaining this site up to date with the most valuable details. I have some queries on a filing a asylum case.
I am currently in the L1B status and planning to apply for Asylum as I have a reasonable fear of returning to my country due to the recent activities against my social group. Could you please advice me on the below
1. Can I apply for Asylum while I am in L1B ?
2. If I apply for asylum while on L1B, would that impact my current employment ?
3. Can I continue to use my current SSN after applying for Asylum ?
4. Could I apply for EAD card, while I am on L1B and use it once Asylum case filed ?
1 – yes; 2 – no; 3 – yes; 4 – yes, if you want to, or you could just continue your L1 job and pursue asylum at the same time. Take care, Jason
Hi Jason,
Many thanks for your answers for the above queries. really appreciate it. I have one more query regarding the I-94.
5. Do I need to apply for a one once I file Asylum or can I continue to use the current one ?
When I am leaving the L1 status (I have to leave the L1 employer once the contract ends) and applying for EAD, Can I continue to use the same SSN and I-94 ?
Here is what I know.
You do not need to apply a new I-94. If you are granted Asylum, you will get a new I-94 with “asylum granted” stamp. You can continue to use your I-94 as far as I understand. SSN number is permanent. You will always have that same number. If you are granted asylum, you will have to apply for replacement card and you will get the new SS card with the SAME number but that does not contain the legend “Valid for work only with DHS authorization”.
Once you apply for EAD as a Asylum applicant, you DO NOT need I-94 at all to accept employment. Your current I-94 practically becomes less important after you apply for Asylum.
You do not get an I-94 when you apply for asylum (unless you win). While your asylum case is pending, you can remain in the US on the L-1 visa as long as you maintain all conditions of that visa. After the L-1 is done, you can remain in the US with a pending asylum case and use the same SSN, but you will need the EAD at that point. Take care, Jason
Hello Jason I applied for asylum last year, and done with finger prints and right now I have EAD, I went to a community college here in Texas for information, but when I was applying for it, they did not have any option for someone applying with adjustment of states, the lady there said that you have to re apply for a student visa in order to apply for it, is this possible for me to apply for student visa? I got my finger prints done in October, what if I apply for college in sept this year? Am I gong to be resident till then?
You do not need a student visa. I know a lot of people with pending asylum who go to school.
I do not think you can get a student visa with a pending asylum case, especially if your current period of stay has expired (usually you get 6 months to stay in the US when you come here). Most schools do allow people to attend with an EAD, so maybe try to talk to someone else at the school. Maybe the rule is different in Texas, but I suspect that you can attend school with the EAD, and I recommend you try to talk to someone there who may be able to tell you more. Take care, Jason
Thankyou Jason
Hi, I applied for asylum on 04/2013, I Was interviewed by Miami Asylum Office on 07/2015. On 01/2016 I walked in the Miami asylum office to got information about my case but they told me that there was not a desicion yet. On 02/2016 i applied for EAD renewal and it was renewed with “A5” cat and for 2 years, then I renew DL and was renewed for 8 years, I went to the social security office to get a New SSC because I lost the old one and It was issued without any restriction. On 09/2016, I applied for Finantial aid and it was appoved. On 01/2017 I went one more time to the asylum office and they told me the same, my case is still pending. What do you think is happening? What should I do? Thanks on advance.
I do not know, but normally, category A5 means asylum has been granted. I would email the Miami office once more to ask. You can find their email address if you follow the link at right called Asylum Office Locator. If they still do not answer, try contacting the USCIS Ombudsman, a link is at right. Sometimes, they can be more helpful in a situation like this. Take care, Jason
Hello manny, could you please give the information about which financial aid you applied for?
Hello Sir,
Just read the news that the Texas Sen. Ted Cruz broke the news last Thursday that the illegal border crossing at the Rio Gran sector has dropped to 50% since the inaugural of the new President. That might make pending asylum cases go faster from now onward. Just sharing the news.
Thanks
Thank you for sharing. I have not heard that, but I am not surprised. When you make your country less desirable, fewer people will want to come here. Take care, Jason
Hi Jason i got a bad new since last Sunday my wife was passed away and i don’t know how can do for my children because they are not safe where they living… my case still pending since December 2014 I wait always for my interview but right now with this tragic news I’m confuse…
Sad to hear about your wife. My prayers go out to you.
I am very sorry for your loss. You can request to expedite the case on this basis, and there should be a good chance for the case to be expedited. Get some evidence of her death (death certificate) and of the children’s situation (letters from people who know about this, like friends, family, and teachers) and give that to the Asylum Office with a request to expedite (also, your entire case – all documents and your affidavit – must be complete and submitted before you try to expedite). You should contact your asylum office and ask how to expedite. Also, ask whether they can put your name on the “short list,” which could also help speed things along. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you Jason for being so helpful in sensitizing us as always. Is there a processing time for the backlog after conductings. I was researching on any bulletin or schedule on when they can determine in your case decision and absolutely on your life.
Thank you,
Endless appreciation
After conducting the interviews.*
I think you are asking whether there is a time-frame for people waiting after the interview. The short answer is no, there is not. I did a posting on October 25, 2016 where I discuss this a bit (towards the end of the article), and maybe that would help. Take care, Jason
Hello Jason
it’s been a year that I have applied for asylum in Texas,
do hiring a lawyer before interview can help me to win the case at the officer, in what a lawyer help me on my case , I have officer doesnt allow them to talk during the interview.
There was an article you posted few month ago about statistics about approval on different asylum office, San Fransisco was largely the best office as many people are granted asylum , is the case to be approved depend on the office or it depend on the credibility of the case? why office such Texas , New york have low rate of approval?
Where is it easy to win case according to your knowledge in US asylum system , is it before the officer or the judge?I have a feeling that many people lose during the interview with the office and though win before the judge (which require extremely long waiting time)
best regards
I wrote about the need for a lawyer on July 7, 2016, and that article addresses your first question. The other article you refer to was on February 25, 2016. I provide more detail there, but I think there is too much variability between individual officers to make it worthwhile to pick an asylum office based on grant rate. You need to live where you have a job, family, school, etc., and that is more important that choosing an “easy” asylum office. My experience, if you have a good case and submit all the evidence, you can win in any office (this is not always true with different courts, though). Overall, it may be easier to win in court, but it is far better to win in the asylum office and get it over with. Also, some judges are very difficult to win with, so depending on the judge, you may have a difficult time winning even a strong case. Take care, Jason
Jason, this was a very thorough and balanced factual explanation of what is taking place. A column like this is a tremendous service to so many people.
Thank you. I am always happy when you agree with me, and I hope you will continue to feel free to disagree with me, as that is much more interesting. I hope you are well, Jason
Dear jason I appreciate your efforts in this critical times specially for asylum seeker
I have a question i filed asylum in Feb 2016 its been a year currently im working and having work authorization permit and my social security and I applied my self without hiring a lawyer but some of my friends says your interview may take long since you dont have lawyer is that true?
Another question is with current EO do u think the interview for people having pending case with USCIS will speed up i have heard that new government will hire 10000 new immigration officer to speed up the process is that true-
I appreciate in advance your responses
The waiting period is not affected by whether you have lawyer or not. The 10,000 new officers are CBP officers – they are basically the police. Unless the government also hires lots of new judges, or changes the way cases are adjudicated, we will have more delay. I think their plan is try to put more people into “expedited removal” in order to not let them see immigration judges. Personally, think this will not work very well, and we will see more delays in court, but we will see. Take care, Jason
Hello, everybody and huge gratitude to Jason for excellent article. The Affirmative Asylum Scheduling Bulletin seems to be stop on December 2016. So I’d like, if I may, to ask does it make a good sense for me to go to an Asylum office and inquire about my case? Will so irritate them and will I have any negative consequences? Also is it time consuming for them?
I do not think it will irritate them and I certainly do not think it will negatively affect your case. However, I do think that is a waste of time, as the Scheduling Bulletin will probably be updated soon, and I doubt it will be a whole lot different from the currently posted dates, as things are still slow (at leas tin the offices where I practice). Maybe send them an email instead. You can find their email address if you follow the link at right called Asylum Office Locator. Take care, Jason
hi jason ,
i filed my asylum application june 2014 in newwark ,nj , i moved recently to boston , i updated both USCiS and Newwark asylum office about my new address a month ago, but i havent heard back yet from them taht they received my my new address , i have tried to call boston suboffice to make sure that my case has been transferred to them , but every time i call im being answered by auto attendant without any option to talke with some people there.
so whats the best way to follow up with them and talk with someone about my case ?
thx
They do not send a confirmation of the changed address. You can email the NJ office and ask if the case is now with Boston (Boston is a sub office of NY). You can find their email address if you follow the link at right called Asylum Office Locator. Take care, Jason
hi jason ,
thanks for your help , what about USCIS , i used the AR-11 form to change my addreess , i havent heard from them neither confirming my new change .
i beleive theu usually send a confirmation mail to the new address , and that what they did when i hae chnged ny address before my last move.
We have not seen them send a confirmation for the change of address. If you file the AR-11 online (for USCIS, not for the asylum office), you get an electronic confirmation. Take care, Jason
Hello Jason,
I have been reading your blog since last year and I can’t say how grateful I am towards what you are doing for us.
I usually read and do not comment but since I went through the same stress as Ana lately, this is what I know:
USCIS (or DHS) effectively issue confirmation of adress change.
I moved to Bsoton on December 10th and I did send a form AR-11 (by mail on December 16th and online on December 26) to both USCIS and Asylum office (as applicant) and Never got a confirmation.
As I have to renew my EAD card soon and was afraid that I might run into an issue, I contacted my lawyer at the end of January and she mailed it on February via certified email. Well, less than a week after, we received a confirmation that my new address was on file and it had the February receipt without any mention to my previous forms.
So Ana, I don’t know how you mailed it but go back to the receipt of your asylum application case and mail your AR-11, CERTIFIED, to the address they mention in there. If you have a lawyer, send it through her/him and tell us how it goes.
Thank you for this info, Jason
Thanks a lot, this was so helpful.
Shortly after Trump’s winning of the election, filmmaker Michael Moore said something to this effect, “If you woke up this morning thinking that you live in an f***ed up country, you don’t. More people voted for Clinton.”
But I don’t think Moore’s words offer much solace since although Clinton won the popular vote as he said, it was by a narrow margin of 2%. As much as people like you and I hate Trump, I think there’s a lot who love him.
On a different note, let me ask you a procedural question. If one ends up having no choice but to request asylum at the airport, would he be placed in expedited removal and defensive asylum process? If so, would he be in detention till the hearing?
I think Trump won the election, and now we all have to deal with it. He was elected largely to crack down on immigration and that is what I expect he will do. Even if he is impeached (which I think is a possibility), it would not change many of the policies (though it might change the tone, which would help). We just have to do the best we can under the circumstances and also continue working to convince the our fellow Americans that immigration and asylum/refugee policies are good for our country. As to your question, in those circumstances, the person should not be subject to expedited removal because they have requested asylum. The EOs make it more difficult to pass a credible fear interview, but I expect immigration officers will – for the most part – follow the law, and people who seek asylum at the airport will have a credible fear interview and then if they pass, they will have a defensive asylum case, probably while in detention. Take care, Jason
Hi, Jason
I have a hearing before a judge in 6 days in Baltimore, I am worried sick if they might cancel the hearing date, I waited for a long time, have you heard cases canceled these past few days at the Baltimore immigration court?
Than you!
We have not had cases cancelled lately in Baltimore. I have had this happen in the past, and some judges are better than others. Good luck, Jason
thank you as always Jason
i have one question here. is there any change in the asylum scheduling process? i read somewhere in one of the EO, calls for prioritizing cases of people already in detention as opposed to Obama era priorities? if so how would it further affect the process of waiting?
The EOs could ultimately affect how cases move through the system, but I have not heard of any effects yet. Take care, Jason
I have not seen or heard about any changes yet, but reading the EOs, it does seem possible that they will affect the way cases are scheduled. We shall see. Take care, Jason
Hi Jason,
I am pending asylum since 2013. I found that I wrote wrong dates in my asylum story. Can I change it and send a new one? If yes, Do you think they will return back to the old one?
Thanks
You cannot do that. However, you can make corrections at the interview itself. Before the interview, you can submit additional to the local asylum office, and so you can submit evidence or a written explanation of the corrected dates beforehand. In our office (Virginia), you have to submit the documents at least one week before the interview, but different offices may have different requirements. Maybe you can contact your asylum office to ask about that. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
what if i send the application but did not recieve a receipt yet ? am i a target for ICE ? i work coze i have no money to live ? am in danger ?
If you get caught by ICE, it will be better for you if you have the receipt. If you do not have the receipt yet, maybe you have a copy of the I-589 application and the mailing receipt. This also shows that you have applied for asylum and offers some protection. But usually the receipt arrives in 3 or 4 weeks, so you should be alright. Take care, Jason
Also you need the receipt to get ur driving license
Hi Jason,
I filed my EAD on 12/14/16. On 12/20/16 it was transferred from NE to VA. While waiting for my EAD card, today (02/24/17) I got a mail from VA office that acknowledges receiving my EAD application. This mail is unusual as I was only expecting the renewed EAD card.
The letter also talks about Automatic 180-day EAD Extension if certain conditions are met, which I meet all of them. Hopefully, I will present this notice and the expired EAD to my employer and continue to work until the new one comes. Can I get my driving license renewed with this notice from USCIS? I am worried so much. If I can’t drive, then working will be too difficult.
Thank you
John
Hi, John, Exactly same thing happened to me, even our dates are so close, I filed initially on 12/10/16, and on 12/22/16 they transferred my EAD from NE to VA, I checked on USCIS website and found this hope it helps you: https://www.uscis.gov/news/alerts/uscis-reissuing-receipt-notices-certain-ead-renewal-applicants
My company already knew the new policy regarding automatic 180 day extension, so they didn’t even ask me to present my EAD, they just sent me email saying you can work up to days, I am not sure about your drivers license, but I think you can use the receipt as a reference to renew your ID.
AlexH, thanks a lot for the information. I appreciate.
Jacob
You should be able to get the driver’s license with the receipt extending your EAD. However, all DMVs may not be aware of the new rule, so you may need to explain that to them. I did a posting (with links) on January 25, 2017 that may help with this. Take care, Jason
Just for the info I was able to get my driving license renewed today showing the notice of automatic EAD renewal. Am in Florida. If that helps anyone.
Hi rsv,
Thanks for sharing this. How did they know how long to renew the visitor’s status on the license for? Was it automatically extended to two years from the date of expiration of your old EAD?
Thanks,
Sara
Hi Sara,
You have to show them the following dox:
1) Expired EAD
2) Notice from USCIS to prove that you have applied for renewal. and
3) Notice from USCIS that says the EAD is automatically extended for another 180 days until your get your new EAD.
You also have to explain the scenario and then in my case the lady understood it and then she went to discuss it with the supervisor. I was expecting the renewed driving license would be for 180 days from the date my last EAD expired but to my surprise I got it for another whole year.
Thanks
That’s great. Thank you for your detailed response 🙂
Thank you for letting us know, it is helpful. Take care, Jason
Hi Jason, I applied for asylum in VA on August 2016, it is pending. I repeatedly requested my lawyer to request my case to included in the short list, because my wife and my son (only 1 year old) are alone in my home country and she is ill due stress, but my lawyer ignores my request (even he is not answering my call).When I discuss with my friend about this, he told me, his lawyer told him expediting a case make the asylum interview more strong.
1.Do you think expediting has an effect on the interview questions.
2. Can you please help me expediting my case and request a travel document (advanced parol) which ever is possible for the pending asyalum? If yes, how much is your payment?
I need to meet my wife and my son in a third contry.Atleast it makes I and her relife from stress due to separation.
1 – I think expediting has not effect on the interview; 2 – You are welcome to email me about this (Jdzubow@DzubowLaw.com). Take care, Jason
Dear Jason,
Here is short summary about my case.
2005. Came to U.S with H1B visa with my wife and my elder kid, but younger is U.S citizen
2007- Applied for Green card(employment based) labor apply
2008 – 140 approved but my priority date was not current
2011 – PD current and applied EAD but no Green card
2014 – Rejected my case due to my company’s financial statement was not clear on 2008 and 2009.There was some salary problem during recession period.
– Appealed three times but they didn’t approve my case
2016 – Appeal was rejected and I didn’t go for further appeal. because my lawyer suggested not to appeal further
I have valid tax returns for 11 years, no crime and no criminal records.
Actually I have family threat in my home country and I thougt of apply asylum but there was some delay of getting documents from my home country.
Currently we don’t have any status. Is it okay to apply asylum now? we don’t belongs to those 7 countries.
Or can I apply cancellation of removal directly instead of asylum?
You can only apply for Cancellation if you are in immigration court. You can apply for asylum, but you may have a problem with the one-year filing requirement. You may be able to meet an exception to that requirement, but I cannot tell from your chronology. In any case, under these circumstances, you are far better off with a lawyer to help you meet an exception and present the case. Take care, Jason
Thank you so much I really appreciate it
Jason,
Thank you so much for your helpful articles!
I have a question. If a granted asylee is applying for permanent residency and they are from one of the banned countries (Syria), would it have any impact on the process?
I do understand that the ban is on hold, but Trump is working on a modified version. So my question would be based on the first version of the EO.
Thank you very much!
It could – if the ban is lifted. The ban would temporarily block people from any immigration benefit. Over the long term, it may not have much effect on someone like you already has asylum, but that is not clear. I think the first ban is dead, and Trump will give us a new ban pretty soon. Take care, Jason
Hi Jason,
I was interviewed this in SF office and was ordered to pick up the decision 2 weeks later. When my time has come, they called me and said I do not need to come in person, and they will mail my decision to my address. What could be the reason for that change? Is it a bad or a good thing? I think if they made a decision on my interview to deny my case, they would not extend time for informing me about it….
Thank you!
This happens in the majority of cases where they initially tell you to pick up the decision. It really has no relation to whether you will win or lose the case, and is most likely related to the security background checks, which cause much delay. Hopefully, you will get a good decision soon, but you may wait for many months, so remain patient. You can always contact the asylum office and inquire – You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you, brother!
Hi sam
Can u pls tell in which month and year u filed ur case?
Jason,
According to USCIS, In January 2014, 480 people filed for asylum in Arlington office.
On average, Arlington office conduct 250 interviews per month. That means they were suppose to spend 2 months for Jan 2014.
But it’s been more than 8 MONTHS that they stuck on Jan 2014.
What’s going on there? 🙁
I asked the Arlington Asylum Office about that last month. They said that 90% of the interviews they’ve been doing have been children under 21, who jump the line and get interviewed in front of everyone else. So even though Arlington did 367 interviews in July, 2016, only 36 or so were of cases filed in January 2014; the rest were all kids who filed a few weeks or months before.
Haaa ? so it’ll 5 years for them to reach Jan 2015
I think USCIS posted average waiting time for an interview in Arlington office, and it was 26 months, but apparently IRL its way more than 26.
Maybe it’s correct. Since children have their interviews in one month, the others 10 years!!!
They do not post wait times. They only tell you who is being interview currently. I wrote a post discussing this in some detail on June 7, 2016 – maybe that would help. Take care, Jason
Interesting. My understanding was that they were US/Mexico border cases, but those involve many children, so maybe it is the same thing (although unaccompanied children do apply directly at Arlington, I did not think it was so many). Thank you, Jason
Sorry, I didn’t see your reply before. I just wanted to let you know that I asked specifically if CFIs were included in Arlington’s statistics for interviews performed, and they said no. They didn’t give me anything in writing, but I don’t see any reason that they should mislead me about that. They could have just ignored me, and they took the trouble to answer me instead, so I really think they were trying to be helpful.
As I understand it, essentially all of the interviews at the Mexican border are CFIs or RFIs, so I don’t think they account for much of the lack of progress at Arlington.
While it’s disturbing to hear from RSV that we have 20,000 cases in the pipeline filed by people who’ve been here for 10 years or more, those were apparently all filed in 2016, so they can’t be causing this delay in January 2014 cases.
I doubt they were misleading you. I thought that many of their cased at the border were also unaccompanied minors where they do full asylum interviews. I am not sure about that, but they seem to be busy doing something other than “regular” affirmative asylum cases. If I have more info about this, I will post it. Take care, Jason
I think they are spending a lot of time still dealing with cases at the US/Mex border. One benefit of Trump may be that he will slow the flow of people coming to the border, and this may make things faster at the asylum offices. We shall see. Take care, Jason
Hello Sir,
It is not just that they are only spending a lot of time dealing with cases at the US/Mex border. On one question at the Nov-4 asylum qtrly stakesholders meeting their answer was which is at USCIS website.
QUOTE:
During FY2016, over 20% of the new filings from applicants (who were not unaccompanied minors filing affirmative applications with us under the TVPRA) were submitted by applicants who claimed to have entered the U.S. at least 10 years prior to the filing of their asylum applications. We received over 20,000 applications from such individuals and their families. The overwhelming majority of these cases are not putting forward significant claims for exceptions to the one-year filing deadline, nor are they attempting to put forward individualized claims for asylum. Instead, they appear to be applying simply to get work authorization and placement into removal proceedings in order to seek cancellation of removal. Frankly, this is an abuse of the U.S. Asylum Program’s mission of humanitarian protection. These applications further prevent us from interviewing and adjudicating legitimate asylum claims in a timely manner. In terms of what might be done to meaningfully assist with the backlog reduction, any steps that the advocacy community can take to deter or dissuade preparers from abusing and undermining the integrity of the Asylum Program in this manner would be of great assistance.
UNQUOTE:
Interesting. Immigration reform would have likely solved that problem. Maybe the asylum offices should automatically refer to court any cases that are beyond the one-year deadline, unless maybe the person is still in lawful status. I do agree that asylum is being abused, but it is a legal mechanism, and people will do what they can to regularize their status. Also, from an attorney’s point of view, it is our duty to help our client within the law. If the best approach is to apply for asylum – to get the EAD or to get to court to apply for Cancellation – it is our duty to pursue that path. I don’t like it either, but if I have to do that for a client, I probably will. Take care, Jason
Yes Sir and bcoz of that abuse to the asylum system legitimate asylum seekers suffer separation from their family waiting for the interview for years. its very unfortunate.
Jason, what are your thoughts on the new 4th Circuit case of Mahmood v. Sessions?
A Pakistani named Mahmood won asylum fair and square, but then lied on his applications for travel documents and his green card application. He got his green card, but then they caught the lies and an IJ ordered him removed for fraud. Mahmood basically said, “Wait, you can’t order me removed until you terminate my asylum status,” presumably figuring that they can’t terminate his status because he committed no fraud on the original asylum claim and he still has a well-founded fear. But BIA and the 4th Circuit say he lost his asylum status when he got his green card, so there is no asylum status to terminate and he can be removed straightaway.
This seems a bit unfair, since we all know that an asylee granted permanent residence can still lose his green card for returning to his country of feared persecution. The court seems to be saying that when an asylee gets a green card, you still have the disadvantages of asylum status, but not the advantages.
The court suggests that Mahmood could now apply for asylum again, if he still has a well-founded fear, and avoid removal that way. But I wonder how the immigration court will treat the one-year deadline issue. Is being ordered removed a change in circumstances affecting eligibility, or an extraordinary circumstance related to the delay in filing?
I have not read it, but it seems to contradict how things operated before. I did not think asylum was terminated by getting the green card, but I have not looked at this issue in a while. My guess is that if he has to re-apply, he will likely be stuck with Withholding due to the prior fraud, but I guess he should try for asylum – maybe he can overcome the good moral character issue created by his fraud. Take care, Jason
i m have asylum pending no interview no work permit but i do work somehow if i caught by ICE , what could they do to me ?
If you have a pending asylum case, you are basically protected, as I discuss in the above article. Take care, Jason
my question is i dont have ead but still doing work incase without work permit if i caught ?
I suppose you can be detained for working illegally. If that happens, you can pursue your asylum case with the immigration judge (instead of the Asylum Office). Take care, Jason
Hello Jason
What are the documents required if I want to add my husband to my asylum case
You have to contact the local asylum asylum office to ask about the process as it varies between offices. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason,
thank you very much for all your help.
I was interviewed for I-730 Visa at the Islamabad Embassy Pakistan on the 1st of June and was informed that I will have my Visa by the end of July, but it is 9 months now that I don’t have my passport and whenever I ask the Embassy for any updates they simply reply that the Case is Under Administrative Processing’s.
Any suggestions? what can I do to know the status or what is the wait for?
I am not sure – It is possible to try to contact the State Department in the US (maybe the principal asylee could do that). Probably, you would need a lawyer to help you. Your relative in the US could also try contacting a Congress person for help. In a situation like this, that might actually be effective. Other than that, I do not have any good ideas for you. But try and see what happens. Good luck, Jason
Hello, Jason, I filed my EAD on 12/04/16, on 12/22/16 it was transferred from NE to VA, I got another mail on 1/02/17 but since many people stated their EAD were transferred, I didn’t pay much attention, and i read the letter again, together with the update on my USCIS website, it says on the letter, : Please locate the specific service center that your case was transferred to. If the service center is within processing time for your particular application or petition, USCIS cannot provide an update on your case. If the service center is outside of processing time for your particular application or petition, please call customer service.
Please contact the premium processing phone number at: 1-866-315-5718 for inquiries, the 15-day premium processing clock does not start until the correct office receives the application petition.”
I have no idea what they need, and according to the status on my USCIS page, it still says on 12/22 We received your Form I-765, Application for Employment Authorization , and we are working on your case. You will be notified by mail when a decision is made, or if the office needs something from you.
And this letter came after that, and nothing afterwards, does that mean I should receive another mail about additional evidence? Everything is so explicit I really don’t like it.
If you could help me clarify this would be great! Thank you Jason.
I think there is nothing to do. If USCIS needs more info, they will contact you. Hopefully, they will just approve the case and send the card. Most people get the EAD within 4 months of filing, so you should get it soon. If not, call the number and see what they say. Take care, Jason
Hi, Jason, Thank you for this article, useful as always.
I have a kind silly question 🙂 Since I have been waiting for my interview for 3 years, and you said this may cause potential delay for affirmative asylum interview, I was wondering, if, for some reason, I wait 10 years, for an interview or a result (I really think this may happen…) is there any chance for people who stay in the US more than 10 year with legal status and no law breaking record to apply to be permanent resident? Thank you
I am not sure if there will be more delay, but if you wait 10 years for your case, and you lose and are sent to court, you could continue your asylum case and you could also apply for Cancellation of Removal, which is another defense to removal only available to people in court. I think it is too soon to worry about this. Contact me in 7 years if you need to and we can discuss. Take care, Jason
Okay! I will contact you if I am still here, waiting..
What is the process to detect fraud? can they share information with the home country? or even ask questions? it is enough for my case that the government of my home country to know that US immigration are asking questions about myself, this is enough to put my life at risk!! I fled my country fearing to be killed, but I have health fear here now in the US. I am about dying by heart attack after the stress I suffered all that time.
I ask the same thing, my family is still in my home country, if US does so would put them in danger.
Don’t worry. The very first thing the asylum officer told me at the beginning of my interview is that my entire asylum application, and everything I say during the interview will remain confidential within the US government, and that the US government will not share it with anyone unless it has my permission. Sounds very generic, but when you hear the officer say it, it makes you feel really good and comfortable.
It is rare – Sometimes, the US embassy contacts an employer or a hospital when the applicant claims to have been there, to verify if the person was actually there (and sometimes this is a problem, as these organizations may be controlled by the government). In the vast majority of cases, they do not do “in country” investigations, and even if they do, they usually maintain good confidentiality (but not always). If confidentiality is violated, it may create another basis for you to seek asylum, and you could supplement your application based on any such violation. Overall, though, this is very rare, and I do not think you should worry too much about it (I have seen it in probably less than 1% of my cases). Take care, Jason
They are not allowed to share info with the home country, though I have seen this violated a few times, but it is very rare. In general, I think you are safe from that. Normally, fraud detection involves identifying lawyers and others who prepare fake cases, examining document to be sure they are not fake, and sometimes inquiring about things in the home country through the US embassy (though again, they try to maintain confidentiality when they do this). People who have filed for asylum and are in the US have a lot of protections, so hopefully you can feel some comfort knowing that your case will be processed and the law prevents you from being deported until you have had a full case and an appeal if needed. Take care, Jason
Thank you Jason for your unrelenting help. I was wondering on asking you how does a history of travel to a third country, affect my pending asylum case. I filed in my case in November 2016, 6 months before i arrive here i went to Dubai attending medical conference, i am worried the if that travel history would invalidate my claim.
thanks
If you travel to a “safe” country and then return to your country, you will need to explain the return trip (maybe the problem arose after you returned, or maybe there is some reason you had to go back). Dubai is not “safe:” because you cannot seek asylum there, so I do not think that should pose a major problem. You may want to consult with a lawyer about this, as it can be tricky, and it can cause people’s cases to be denied (I just met such a person yesterday whose case was denied for travel to third countries and return to his country). Take care, Jason
Hi Jason,
I thought third country travel was only a bar to applying for asylum here if you were firmly resettled in said third country.
I had two business trips to the UK prior to my arrival here, and my lawyer didn’t seem to think this was an issue. My husband and I were not financially prepared to seek asylum in the UK the time, and I was pregnant (could not spend my pregnancy there with no health insurance). We traveled to the US after the baby was born – we chose the US because my husband had lived here (studying & working) and knew the ins and outs of the state we’re in, and because he has family here that were our safety net since we were here with an infant.
Does this sound like it’s a loophole in my case? I’m waiting for my lawyer to weigh in on this issue, but would like your opinion as well.
Thanks,
Sara
The bigger issue is if you traveled to a safe country (like the UK) and then returned to the country of feared persecution. If you traveled through other countries before coming to the US (without returning to the persecution country), it usually has little effect on a case. Take care, Jason
Thank you for your reply, Jason.
Unfortunately, we did exactly that: return to the country of feared persecution, and prepared for our US trip financially, finally making it here after I had the baby.
This is really worrying because the law as I read and understood it only mentions third country travel as being a bar to asylum in the case of firm resettlement, so I didn’t think much of it until today, especially since my lawyer never flagged it as a concern.
It is a concern and you should be prepared (with evidence) to explain why you returned (the best explanation is that it was safe at the time you returned, but then became dangerous later and you left and never went back, but I do not know if that fits the facts of your case). I have seen cases denied for this reason, so you need to prepare for this part of the case so you can overcome the issue (sorry to add to your worries, but better to find out now than at the asylum interview, I guess). Also, it does concern me that the lawyer did not flag this issue, but I do not have the whole story, so maybe it is not a concern in your case after all – talk to the lawyer to see what he/she thinks. Take care, Jason
By the way, the return trip is not a bar to asylum. But it raises credibility issues (if you are so afraid of your country, why did you go back?). Maybe that helps…
The details you provided were very helpful as always, Jason. Thank you so much for taking the time to respond.
Best,
Sara
Hi Jason
I come from one of 7 contries and I applied Feb 2015 …and I m waiting for interview What do you think ? may effect on my case ? I was moslem and change my religion I m living here about3years … do you think maybe effect on my case ?
Currently, the executive orders are on hold, so there is no effect. Trump may try again with a new executive order (maybe next week), and then we will have to evaluate whether there is any affect, but in general, for people in the US with a pending asylum case, you are relatively safe from the EOs (as I have discussed in the last few blog posts). Take care, Jason
Thank you
Hello Sir,
Is it also possible that bcoz of the strict enforcement approach there will be less people trying to cross the border illegally and apply asylum and as a result lot more asylum officers will be also able to focus on the backlog cases and soon we will see affirmation scheduling bulletin will start progressing fast. That was my understanding bcoz I was also reading somewhere on the internet that January apprehensions is significantly down then previous month and as a result there have been also two temporary detentions facilities recently have shut down which were opened nov & dec of last year.
I don’t know I just read it on the news and was optimistic that I will see sometime soon to be called in for interview as have been waiting since 3 and half years now. Thanks in advance for your help.
Yes – I do think that is possible, but it is unclear how things will balance out with the stepped-up enforcement. We will see. Take care, Jason
If you are from one of the 7 countries with a pending asylum application – how does this affect us?
Currently, there is no effect, as the orders are on hold. Trump may try again with a new executive order (maybe next week), and then we will have to evaluate whether there is any affect, but in general, for people in the US, you are relatively safe from the EOs (as I have discussed in the last few blog posts). Take care, Jason
Hello jason and everyone
I am a regular reader of this forum. I have applied my asylum in oct 2016 in sf office and nxt month im planning to apply for ead first time after 150 days. Do u think is there any problems or delays with ead bcz of these orders ?
no u can apply ead after 150 days .
We have not seen any – You should be able to apply normally. Take care, Jason
Thank you Jason for the updates. Love the blog!
thanks jason for a positive reply.
can you please suggest any lawyerin Houston, because I have short money. is there any asylum attorney who take payments. waiting for your positive response.
I did a blog post on September 22, 2016 where I discuss this – maybe that would help. Take care, Jason
Hi Jason,
Hope you r fine and doing well. As I wrote it earlier on comments too, I applied for asylum feb-2015.
I first arrived to Virginia in july-2014 from Afghanistan, once me and a friend visited your asylum office, then he applied through your office but I moved to California to join my brother’s family.
Now according to USCIS-schedule my interview would be in next 2-3 months. My lawer also called me to get prepared for the interview.
My lawyer does not look so helpful or he does not have good enough experience in asylum, he was recommended by a friend of me who was granted asylum.
BTW I think its more on me to gather my documents and write a good statement and make it more simple, easy and more understandable for my lawyer. I learned a lot on the Asylumist blog. I 2-3 times a week give a look to the site.
My asylum case looks strong, since I have a very clear threat latter from taliban which is still available online, and some other documents which proves my life will be at high risk if I go back to Afghanistan.
I waited more then 2 years for my interview, now I heard about courts that sometimes cases refer their to be decided by a judge and the process takes many years.
I was so happy to know that my interview date is arriving, my happiness level was raising day by dyt, but after hearing about the court, the happiness level moved back toward frustration and sadness. ??
I applied for asylum six months after arriving to USA, I never ever visited or lived in any third country, had a direct flight with a transit brake in Dubai ..
what do u think about my chances of referring to a court ?
I hate waiting and it is so hard to wait. I almost lost half of my hair in my early twenties because of thinking and waiting for my asylum. Lol?
If you have threats from the Taliban and good supporting evidence for your case, you should have a good chance to win. We have been successful with almost every case where there were Taliban threats. Hopefully, your lawyer is doing a good job for you; if not, maybe find a new lawyer. Also, you should know that (unfortunately) most Afghans – especially men – face long delays after the interview as well do to security checks. Not everyone, but most, so you have to remain patient and hopefully you will get a good decision soon. Take care, Jason
Thank you, Jason;
Your supportive, informative and hopeful comments give us peace of mind.
Hope, I will not face a long delay after my interview. But still I prefer waiting for my security checks after the interview than to go to court and struggle to win the case.
Hi Jason, I have recently applied for EAD renewal.I have recently got the mail saying that they have received my paperwork as of 02/09 with the category of C08 but what happened next is that I have to the Asylum Office today and they said that they have already made a decision on my case as I had my interview in October.I have just checked my email and and I have opened this mail and it has my EAD card but with new category A05.What does that mean?
Congrats! You have been granted Asylum! A05 is “Approved asylum” category. You should get your new I-94 soon!
is ur case is pending before immigration court or asylum or asylum office ?
You won asylum! The asylum office sends an EAD with that category. Your ential C08 might still be pemding and will eventually be rejected because you won asylum. The same thing happened to me.
A-5 is the asylum granted category, so hopefully it means your case was granted (we have seen this exact situation with some of our clients). If you do not get the decision soon, follow up with the asylum office. You can find their contact info and email if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason Dzubow,
Thank you for your answering all the questions related asylum.
We have filed our asylum in May, 2016 which is pending, and have our work permit, Asylum Receipts and SSN with us.
Do you if this memo could effect the pending asylum cases and could they also be deported?
Thank you in advance for your answer.
Ahmed
I think Jason answered this question very very clearly in the article above? did you even bother to read it?
Thank you – I am always glad when someone reads the article!
Good to see you Allen,I miss sarah,you guys rock the blog!
Big thanks to Jason always
I discuss this is in the above article. The short answer is the memo probably will not affect asylum seekers. Take care, Jason
Wat about the EAD they r also getting delayed bcoz of this new policies bcoz it’s already 3 months I have applied for EAD for the 1st time ND in between(after 45 days of applying)they ask for additional evidence to I send that to quickly but didn’t get any response yet.
what additional evidence did they ask? suddenly, all the asylum offices are slowing down for EAD!
They ask about color copy of passport or visa I send it very next day but didn’t get any response yet even no online case status change on uscis Web still same v request an additional evidence to u but I call the helpline today to ask so he say v can only send an request from ur side to them about wat is happening they vl inform u through email that wat is happening with ur case rite know.even I don’t know yet they recieve it or not that’s y I m worry no movement yet.
We have not seen EAD delays. They usually take 2 to 4 months, so hopefully, you will get it soon. Take care, Jason
is that possible the interview for all offices will be delayed for half a year? because according to my filed date my interview sounds really approaching but the SF office told me in November that my case wont be scheduled for interview within six months.
Which month did you file for asylum?
There is no way to predict when an interview will be. The Asylum Office Scheduling Bulletin (link at right) give some idea. Take care, Jason
I filed for Assylum (still pending) in Dec 2014 in Newark NJ, I want to move to Westchester county NY (different asylum office), if I move to the other place do I lose my spot, or I am at the same “time-spot”.
I’ve moved from CA to NY… you get to save our spot get in the queue of that new place…
I agree – if you move, you should keep your place in the queue. Take care, Jason
If you move, you keep your place in the queue. You may want to email the old and new asylum office to make sure the case is moved and in line. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Am one of the 7 countries
In that case, it could be affected, but for now, everything is on hold, and we will have to see what Trump does next. I think you should apply for your family (I-730) and if you want, for a Refugee Travel Document. I suspect that you will be able to bring your family and get the travel document, but I do not know, since I do not know what Trump will do next. we must hope for the best. Take care, Jason
Dear jason
Am granted asylum and i added my wife and kids in. Case , and i applied for them form I 730 do you think the will be efected ??!!! If i got my travel docoments and travel to 3rd country can i come back befor i got my green card ??? If i appliex for my green card it will efect it ???
Thanks for gou concern , thanks for been with us
If you are not from one of the 7 countries, you should not be affected by Trump’s executive orders. Take care, Jason