A recent case from Florida has raised concern in the asylum-seeker community. On April 26, Marco Coello, a Venezuelan asylum seeker, went to his interview at the Miami Asylum Office. Instead of meeting with an officer to discuss his case, he was detained by Homeland Security officers.
Fortunately, for Mr. Coello, he was released the next day, after various people–including Senator Marco Rubio–intervened on his behalf. An ICE spokesman said that he was detained “because he has a misdemeanor criminal conviction and had stayed in the U.S. longer than his visa allowed.”
I contacted Mr. Coello’s attorney, Elizabeth Blandon, and learned that his conviction was for trespassing (he was originally charged with misdemeanor possession of marijuana). I also learned that the Asylum Office issued a letter on the day of his arrest stating that the case had been sent to the Immigration Court. In fact, Mr. Coello’s case is not with the court, and the issue of jurisdiction (i.e., who will hear his case–an Asylum Officer or an Immigration Judge) is yet to be worked out. Until that happens, his case remains in limbo.
Frankly, it is unclear to me why ICE detained Mr. Coello. His conviction was for a minor violation, which is probably not even a deportable offense. One possibility is that ICE targeted him due to the mistaken belief that he had more than one misdemeanor conviction (trespassing and marijuana possession). Another, more conspiracy-minded, possibility is that ICE arrested Mr. Coello because he was a well-known activist from Venezuela. As the situation in Venezuela has deteriorated, the number of asylum cases from that country has soared. Currently, Venezuelans are filing more affirmative asylum applications than people from any other country. Maybe ICE wanted to send a message in an effort to intimidate potential Venezuelan applicants and stem the tide of cases from that troubled country. Normally, I tend to shy away from such conspiracy theories, but in this case, where the applicant is well-known in his community, I am not so sure.
Mr. Coello’s case is not the only instance of an asylum seeker being detained since President Trump took office, and rumors have been swirling about the new hard-line approach of his Administration. We have heard reports about an HIV-positive Russian asylum seeker, who was detained after visiting the U.S. Virgin Islands and then returning to the mainland (the problem here is probably that a person must go through customs to enter the U.S. from the USVI, and he did not get Advance Parole before leaving and trying to return). He was held for a month before being released. There have also been examples of ICE officials arresting asylum seekers who have been charged with crimes when they appear in criminal court. (And of course, there are the thousands of asylum seekers who arrive via the Mexican border without a visa and who are detained when they request asylum–but this began en masse long before President Trump’s time).
It’s not just asylum seekers who are being detained. Aliens applying for other USCIS benefits have also been arrested. For example, there were five cases where immigrants were notified to appear for USCIS interviews, and were then detained when they arrived at the USCIS office. Apparently, all five had prior deportation orders from Immigration Judges. There’s also the case of a woman who was arrested at a courthouse after filing a protective order against her ex-boyfriend. According to one news source, the woman had an extensive criminal history and had illegally re-entered the United States after being deported.
In addition to all this, there is the now-famous (at least in immigration circles) case from February of a domestic flight from San Francisco to New York where ICE agents checked IDs for everyone disembarking the plane (ICE claims that the searches were “consensual”). Supposedly, ICE was searching for an alien with a criminal record. Turns out, he wasn’t even on the flight.
So what does all this mean? Do asylum seekers risk arrest when they appear for their interview? Or when they show up for a court hearing? Or when they travel domestically? The short answer, at least for now, is no, no, and no.
First, except for the person returning from the USVI, the common denominator in the above cases is that all the aliens had a criminal conviction and/or a deportation order. If you do not have a criminal record or a removal order, there is no reason to believe that ICE will detain you if you appear for an appointment, court date or domestic flight. Indeed, except for the examples above involving criminal convictions and deportation orders, I have not heard about any asylum applicants being detained.
If you do have a criminal conviction (or even an arrest) or a removal order, then there is some risk, but it’s unclear exactly how to assess that risk. How likely is it that a person with a criminal record or removal order will be detained if they appear for an interview? Does the likelihood of detention increase with the severity of the criminal conduct? I do not know, and I am not confident that the few examples discussed above help us evaluate the chance of trouble. But given that there is some risk, it seems worthwhile for anyone with a criminal conviction or a removal order to consult with an attorney before going to an appointment with USCIS.
If I had a conviction or a deportation order, and I was scheduled for an asylum or other USCIS interview, I would want to know a few things from my lawyer. First, I would want to know the likelihood of obtaining the benefit that I have applied for. If my case is very weak and unlikely to succeed, maybe I would be less willing to appear for an interview where I risked detention. Also, I would want to know how seriously the government views my criminal conduct. If the conviction is very minor, I would expect that the likelihood of ICE detention is low (but maybe not, as Mr. Coello’s trespassing conviction illustrates). If the conviction is serious–and many convictions subject an alien to mandatory detention–I would want to know that too. In fact, I would want to know all this before I even apply for asylum or other immigration benefit. Why start the process when it is unlikely I will be able to successfully complete it, especially if applying for the benefit exposes me to possible arrest?
Every person must make his or her own decision, weighing the risk and reward of applying for an immigration benefit. But if you have been arrested or convicted of a crime, or if you already have a deportation order, it would be wise to talk to a lawyer before you file an application or attend an interview with USCIS.
My relative has NO criminal record and is waiting for his interview (asylum). All official. Papers , deadlines, taxes, work authorization. Yesterday he was arrested by ICE at 7 am in his house in WI. Then taken to the county jail and there we go. No info, no nothing why he was arrested. Took his passport , handcuffs on and off you go in your underwear. I could understand if he had done something or was denied an asylum and still stayed , but he was just living and working and waiting for the interview.
ICE is obviously becoming more aggressive, but I have not seen cases like this. Usually, there is a reason for them to detain someone with a pending case. I think you need to contact a lawyer about this. If you cannot afford a lawyer, I did a post with a list of free lawyers on September 22, 2016. Maybe that would help. If you find out why he was detained, please let us know, as that would help others. Thank you, Jason
Jason, my case looks like the same described by Kseniya.
The reason for arrest was expiration of my tourist visa.
ICE didn’t have any worries that my asylum application was filed much early then the visa became an expired, and the government issued the receipt I-589, which prescribed me to stay in the US until resolving my case.
We have a case now where we filed for asylum and they “arrested” him anyway, immediately released him, and transferred his case to court. My associate is writing a blog post about it, which we will post in the next week or two. Take care, Jason
It’s sounds good.
Dear Jason, please clarify, did the Asylum Office transfer the asylum application of your client to the Immigration court or just administratively closed the asylum case and you filed it again?
Best regards,
Evgtny
After the issue the NTA, the case is transferred to court and the asylum office no longer has jurisdiction. Take care, Jason
[…] Источник: asylumist.com […]
I had a friend who entered via visa waiver and later filed an affirmative asylum application arrested by ICE today. They claim that because he came via visa waiver he gave up his right to have an affirmative asylum reviewed by USCIS and that because he overstayed his Visa waiver 90 day period he has been ordered removed by the local DHS ICE director. He was under assumption that once he filed for affirmative asylum he would not be subjected to detention until his case is adjudicated by USCIS. What is your take on this.
As far as I know, people who enter on the visa waiver program can file for asylum (for example, see https://www.uscis.gov/humanitarian/refugees-asylum/asylum/faq/how-do-i-apply-asylum). The person should find a lawyer to assist in the case. If he is detained, his asylum case should move to the Immigration Court (as opposed to the asylum office). I have not heard about this happening, and it is a little surprising if the person has no criminal or other issues, but ICE is becoming much more aggressive. Please keep us updated about what happens. Thank you, Jason
The question here is not if the VW entrants can file for asylum. He filed in March of 2016 within a year and USCIS excepted his application he got his EAD 7 months after that. The issue here is how come his pending affirmative asylum application does not protect home from detention. On top of that his detention is mandatory. The understanding was that once someone files an affirmative asylum application he is no longer subject to detention unless there are criminal issues or that person entered ewi after prior deportation. Now this person will be detained until EOIR adjudicates his asylum application. He also was deprived of having his asylum application adjudicated before USCIS. So does this mean that filing and affirmative asylum application no longer offers protection from detention and placement in removal proceedings or is this only because of the stringent conditions of VW entry.
I know of no difference between an asylum application filed by a VW applicant and any other asylum applicant. Also, filing for asylum never protected anyone from detention. It has just not been the practice of DHS to detain affirmative asylum seekers unless there was some reason. Maybe this will change across the board, or maybe there is some specific reason why this person was detained. We will have to keep an eye on things to see what happens. Take care, Jason
This is a scary prospect. If DHS will change its practice of no longer detaining those who have filed affirmative asylum application. This will actually may make the applicant a target for detention. An overstay may simply disappear and keep a low profile, but asylum applicants need to receive mail and notices at their address so the ICE will know where the applicant resides. I will let you know if there are any other detentions of affirmative asylum applicants. Please let me know if you come across similar cases.
I will certainly keep an eye out for this. Thank you, Jason
Hi Michael, Thanks for Sharing. It is strange indeed. Do you have an update of your friend? To better understand what happened, hv a question; did they come specifically looking for him to arrest or was he pickeup randomly somewhere ? Do you know the circumstances ? Pls let us know. Thanks.
Stfan
They came specifically for him. Once he was in ICE denetion he met several more (at least 6) Iindividuals just like him. They all entered on VW, all applied for asylum within a year. My friend did not have a criminal or immigration history prior to filing his asylum claim. According to the individuals that were also detained none of them had criminal or immigration history either. ICE used the VW overstay as grounds for summary deportation. So once they were reffered to court it was technically as individuals with prior final order of removal even though it was only few days prior. This made them a mandatory detained.
My friend was denied asylum because he was not able to adequately prepare for his hearing while in custody. He was not able to adequately file documents and country condition reports etc.
Not sure what happened to the other Individuals.
One thing is clear. They were all targeted because of their VW entry and the fact that they filed for asylum allowed ICE to locate them.
For VW people, they have to file within 90 days of arrival or the case is automatically referred to court. I have not heard about the problem you describe, but it is certainly something to pay attention to, as detaining asylum seekers for no reason (other than country of origin) is a major issue. Thank you for sharing, Jason
Hi Michael, I didn’t understand about the “mandatory detained” part… So your friend was detained PRIOR to his 1st interview right ? In that case, did ICE referred him to the court (skipping the interview with USCIS) ? But even if they refer, wouldn’t the asylum claim takes priority over the VW overstay issue? If he’s still in the US (detention), does he have any other remedies, such as BIA, other courts, etc?
Anyhow appalling to hear… when millions of public money spent on unnecessary detections of hardworking immigrants who’re no threat to the public. This money can be well spent on programs to help americans in need (VA, homeless, etc), and also in Win-win programs like what Italy is doing with their Asylum seekers… this’s called using heart & brain both at the same time. http://www.france24.com/en/20180221-focus-italy-integration-work-asylum-seekers-migrants-bologna-cooking-fashion-workshop?ref=tw
Stefn
So he filed affirmative asylum in in Spring of 2016. He was awaiting his interview at the Chicago office when ICE detained him.
Because all of the VW entrants waive their rights for court proceedings ICE can therefore sumaraly remove them without court. The regional office director signs the deportation papers. So now the person is in US with a prior final order of removal. But because he re requests asylum the immigration court has to hear the merrits of his claim. Keep in mind that in this scenario the court is not reviewing any charging allegations pertaining to overstay or being in the country illegally because the person has already been ordered deported by ICE.
Lastly because of the final order of removal the person is on a mandatory detained status. This makes it very hard to pursue the asylum claim.
This does not seem correct to me. If the person seeks asylum, he is entitled to a hearing, whether or not he is from a VW country. Maybe you are saying that they have removal orders against them and were then detained? I feel like we are missing some info here…
Jason
I will give you a step by step chronology of what happened so it will be more easily for you to figure out what ICE did.
Person arrived on VW June 2015
Applied for affirmitive asylum in February of 2016
Was detained by ICE in October of 2017. Was ordered removed by ICE two days before he was detained for violating his VW.
Because of being under final order of removal was classified as mandatory detained.
Was reffered to court for asylum hearing.
At first master he motioned for bond but was denied. A second master was scheduled so that he can formally file an asylum before immigration Court.
Second master he formally filed his asylum application. He basically re signed and re dated his original that was filed with USCIS. Was scheduled for individual hearing. Because he was detained his hearings were two weeks appart and the IJ refused to give him more time to adequately prepare. He only hired an attorney for his second master and I am sure you can relate how hard it would have been to prepare for an asylum hearing in two weeks.
Needless to say he was denied. He was not able to retain an attorney for appeal and did not file his appeal and therefore was deported.
So ICE used the conditions of the VW that all entrants sign and deported him based on those conditions. Thus taking away his chance at a hearing with USCIS.
Thank you for this – That is pretty bad. They basically denied him due process. I have done a number of detained cases, but have never had a case pushed that quickly. It is strange. Anyway, thank you for sharing it. Take care, Jason
Hi Jason,
I arrived US with a visit visa 3 months ago, and while in US i got a call that my house was burnt and my wife fled to a neigbouring country, reason because i refuse to allow her undergo Female Genital mutilation as our tradition stipulates that any lady who is married into a royal family must undergo FGM to appease the gods (deity) of the land and also keep the lady from been promiscuous, there have been several threats that i would be killed if i eventually return to my country and my sister was severely brutalised for trying to go and take pictures of my burnt house to send to me while the Police around are not doing any good as they are scare of the deity in my village neither is the govt enforcing the law against FGM in my country.
Can i seek asylum here in the USA and also apply for expedite as my wife is also in danger as she fled to a neighboring country.
I think this is a basis for asylum (technically, your category for asylum might be “political opinion” since you oppose FGM, or maybe “particular social group” since they are targeting your entire family; it might also be based on religion). You can also use your wife’s problems as a basis to request expediting your case. Take care, Jason
Dear Jason
I am attorney and human right activist from Russia, and now I am seeker of asylum in US.
On January 26, 2016 the US government gave me a pass to stay in the country before resolved my case, but on May 31, 2017 I was arrested and placed in to the Krome jail, where I spent 22 days. The formal reason for arrest was the expired of my visa in March 5, 2016.
I was arrested after then, as I get the pass to stay in US, I did not have a crimes or misdemeanors, absolutely nothing before it.
I will appreciate your legal opinion about this legal uncertainty.
Sincerely,
Evgeny Ryzhov, Esq
People can and sometimes are arrested for a visa overstay. I have not seen this happen to people who have filed for asylum, unless they have a criminal record or a deport order (they could also be arrested if they are a threat to national security). Had you already filed for asylum when you were detained? I am not sure what you mean when you say the US government gave you a “pass” to stay in the US. Maybe if I understood more, I could provide a better answer. Let me know. Thank you, Jason
Dear Jason
Thank you for your answer.
My case is almost same as you describe in this post, but I did not have any claim from American authority. After that I sent a form I-589, I received the notice from US authority, which included following text “You can stay in the US until your case will be resolved.” (it is blue paper, as has every seeker asylum). I received the blue paper before as my visa was expired and I thought that I had a legal temporarly permit for staying in the US until resolving my case, but I was arrested.
That is unusual – I have not heard about people being arrested under these circumstances, but I am not surprised either. Hopefully, it will not become a trend. Take care, Jason
As I promised early, I am informing you about my case.
We are still in the court. On the first day of the Master Hearing we filed a motion to dismiss my deportation case, because there were not any legal basis to start the removal procedure. The judge gave the Government Councelor two months for preparing a responce to this motion. Today we have continued. The Governement Councelor argued that my tourist visa was expired, but I was continue to remain in the US and it is violation of law, which is basis to open the removal procedure. We argued the following, since I received the receipt of I-589 (which contains the words “You may remain in the US until your asylum application is decided”), I was authorised to remain in the US, and respectively it was not violation (overstay). Clarification, I received the receipt of I-589 until my tourist visa was expired.
Finally, judge said it is a first case in the court with such sircumstances, and gave both parties 45 Days for researching and preparing the legal opinion about.
I think the described situation is a gap in the law, or otherwise no one of asylum seeker are correspond with lawful behavior at a time when he or she are remain in the US until resolving the asylum application, and Government retain arbitrary discretion for who of them to subject of arbitrary removal procedure.
Dear Johnson, what do you think about information above?
Maybe I am not understanding your situation, but this does not seem like a gap in the law to me. If your B visa has expired and your only remaining status is asylum pending, then your case was properly referred to court and you are deportable. The issue for the judge to decide is whether or not you qualify for asylum. Maybe I missed something, but I think you are properly in court. Take care, Jason
Hello Evgeny Ryzhov, Thanks for sharing. Did you have your 1st asylum interview or did they put you in court? Trying to understand your story better, did you come in from visa waiver program or regular visa? Because it looks like your visa was only given for 3 months, not 6.
Anyhow, hope you have a good attorney helping. It looks like you’re not detained now, so if you have have an update on your situation, would like to hear. Best wishes.
Hello colleagues
I came to the US with regular visa, on behalf of my client and I did not have any wish to linger here so long. As I pointed early, I am an attorney and I have a good practice and assets in my country. But the bad circumstances overtook me in the US, and I was forced to filled the asylum application.
I didn’t have an interview in the asylum office, and I think ICE detained me erroneously. Nowadays we are trying to resolve this case in the court. To make clear this situation we requested from ICE to reveal some documents about reasons and lawful grounds of my detaining. We sent the request in December 2017, today is April 2018, and we are still wait.
I will inform you about changes, as it proceeds.
Please do let us know. Thank you, Jason
Hello Evgeny, Thank you. Curious to know, did they come specifically looking for you or got detained in some other circumstances ? How long were you detained and did you have to post bond before release ? It’s surprising that they didnt provide you with a reason or file any charges after they have detained you.
Anyhow It’s absolutely appaling what’s going around nowadays… not just heartless and abuse of power, but also exhausting so much of public resources (tax payer money) by mixing priorities. Dark times indeed.
Hello Jason,
First,Thank you so much your help
What will be Form I-94 number, as my asylum have not granted yet?? And also will it affect in my case if i apply for medical benefits??
You only get a new I-94 number if your asylum case is granted. You should have received an I-94 when you arrived in the US (if you came legally). You can find it on line – Google “I-94 locator” and you should find the website you need. I do not know whether you can get any Medicaid benefits with a pending case, but you can try. It should not affect your asylum case. Take care, Jason
Hello Jason
thank you for everything
i just would like ask about EAD, i applied to work authorization based on asylum pending after 3 month , on August 18 ,2017 i saw my statu changed to card being produced …
how many days should i wait to receive my card .
It is hard to say, but usually the card arrives in a week or two (though I have seen it take up to a month). Take care, Jason
Hey Mr. Jason,
I am asylum seeker. I’ve supmitted my case in Los Angeles office, but I’ll be moving to New York next week, and I want to move my case to New York office. What should I do please ?
File form AR-11, available at http://www.uscis.gov. Once it is filed, you should probably contact the LA asylum office to make sure your case is transferred. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you so much.
Should an asylum seeker accept government assistance programs?
one of the most confusing questions that I received contradict answers about it:
I am pending asylum. I used to receive Medi-CAL, which is like Medic-AID but for the Californian version, for one year for myself, wife, and 2 kids. I got new job. I stopped Medi-CAL for myself and wife, and kept it for kids as I am still entitled with my income level.
USCIS website says, that a person will not be considered a public charge until he receives government assistance in a form on “CASH”
I asked my lawyer, he said: any other benefits that are not in a form of cash assistance will not affect your future proposed application for a green card
Another immigration lawyer said: Medic-AID people who has not naturalized yet and receiving government benefits will be affected by future, and their application for a citizenship or green card can be denied
please advise?
I do not know for sure about the GC application, but it should have no effect on your asylum case. Also, I doubt it would harm your GC application, as asylees (people granted asylum) are eligible for certain public benefits and they can still get their GC. Take care, Jason
[…] является переводом оригинальной статьи с блога Asylumist, написанной американским иммиграционным адвокатом […]
Dear Jason,
I really appriciated what you have been doing for immigrants, you are like a light in the hopeless and darkness place.
I have some question regarding file an asylum for sprouse. These are facts about us
1. My boyfriend is from Ukraine and has filed for asylum since 2 years ago and now he recieved 2times of ETA and still waiting for interview.
2.I’m originally from Thailand but now working in other country.
3. We have been in long distance relationship for 3 years and really want to get marry soon.
My question is 1. Will it is possible for me to join his case as a sprouse after I came to the state and get married with him?
2. Will it be a problem if I am not from one of the country that can seek for asylum status?
I am getting nervous everytime I seen news now aday, I wish thing to get better for everyone.
If you come to the US and marry him prior to the decision in his case, you can join his case, and also get a work permit. It does not matter if you are from a country that is safe, if he wins asylum, you will get asylum as well (if you are legally married). Take care, Jason
Thank you so much for you clarification. I wish you to take care of his case. Is there any chance I can contact you or your team who can help us in TX? He filed his case on May 2014 so I believe it’s happening soon.
We can do a case in TX, but it is more expensive to fly me there than to find a local attorney. If you want to discuss, you can email me and we can find a time to talk: Jdzubow@Dzubowlaw.com. Take care, Jason
Hello Jason,
I have a question about health insurance. How can we get health insurance when we waited asulum. I have EAD but have not aprroved yet. So what is health insurance choice with low income?? How asylum waiting people get health insurance? Thank you for your help.
Shriju
I do not know about this – I recommend you contact a local non-profit and ask. They often know about such things. I did a posting on September 22, 2016 that has links to non-profits – maybe that would help. Take care, Jason
If you want health insurance yiu need to have SSN EAD ..then you go to medicare office and submit all documents copy n source of income proof..then will enroll you..
Hi Jason,
We are Egyptians and parents for 3 Us citizen kids. recently our country has a lot of sexual harassment crimes and our police is too weak to interfere.
we are thinking to file an asylum case however we are afraid if rejected in the hearing session we will be forced to leave without a single change to go to the court as per the new rules of Trump.
Regards,
I am not sure the case you describe is a very strong case, but you can apply. If you lose, you go to court to see a judge. Nothing President Trump or the Supreme Court have done has changed this part of the system. Take care, Jason
A friend of mine has applied for asylum in the US. She has a lawyer that helped her with the process and the application has been filed in Florida. Now, she is living in a different state. She hasn’t no reported her new address to immigration since she has friend who lives at the address she has reported on her application and this friend forwards her any mail she receives. She has applied for the renewal of her EAD and received a form asking for photos, report a new G28 and new address, if applicable. I have advised her to report her new address, other people has advised her not to do it. Her dilemma is that if she reports a new address, the lawyer that she hired will not be able to represent her. I am concerned that immigration will be able to find that she is no longer living in Florida, since she has a driver’s license in the state she is currently living. At the driver’s license office, they verified on the Homeland security database that her work permit was valid before issuing the license. What will be the consequences for her for not reporting her new address? Could her asylum petition be denied and she will be deported?
I did a blog post about this on June 24, 2015 – maybe that would help. The main problem we have seen is that if the asylum office thinks you are lying about your address, they may think you are lying about the rest of your case and deny the application. Also, they could refuse to interview the person if they believe that the person is in the wrong asylum office. It would be better if she could keep everything (driver’s license, taxes) in FL if she wants to keep her case there and if that is her permanent address. Otherwise, there is some risk that not informing the asylum office will affect her case. Take care, Jason
I think it is important to make a distinction. If you apply for asylum before Sect. 240 removal proceedings are initiated, then the asylum office has jurisdiction over the asylum application. If there is a crime or other sufficient ground of inadmissibility, the removal proceedings can be initiated. In that case, the IJ will have j/d over the removal proceedings, while the AO will continue to have j/d over the 589. The DHS counsel may agree to termination, in which the IJ can terminate. The proceedings must be admin closed despite objection from DHS counsels.
If a person is detained and placed into removal proceedings during a pending case with the asylum office, we have not seen the asylum office adjudicate the case. Rather, they say that they do not have jurisdiction and the case – including the asylum case – will be with the immigration judge. Take care, Jason
The Court has the authority to administratively close removal proceedings under appropriate circumstances under, such as to promote “efficient management” of the Court’s scarce resources. Matter of Avetisyan, 25 I&N Dec. 688, 692, 694 (BIA 2002).
The Code of Federal Regulations governs which agency has jurisdiction to review asylum applications, and they clearly state that the DHS, through the USCIS, has initial jurisdiction over affirmatively filed asylum applications 8 CFR 208.2(a). The regulations also require that upon proper filing, the USCIS “shall adjudicate the claim” 8 CFR Sect. 208.9(a), 1208.9(a).
The Regulations give no jurisdiction over adjudication of an application of an application for asylum to the Immigration Court in proceedings, except when the application is filed after service of a Notice to Appear 8 CFR 208.2(b), 1208.2(b).
When a Respondent files his application for asylum before he was served with an NTA, the USCIS retains jurisdiction over the application for asylum. These proceedings should be closed until the time that the DHS adjudicates the application for asylum present before that agency
We have used such an argument successfully in the case of a minor asylum seeker with no criminal record, but if an asylum seeker is arrested and convicted for a crime, he is removable based on the conviction, and I can’t imagine that the Judge would give up jurisdiction, even if there is a pending I-589. I only have one client in this situation, and based on my conversations with DHS and the posture of the case, I see no way that the Immigration Court will allow the case to return to the Asylum Office. Take care, Jason
HELLO,
I am Syrian Asylee , I got my asylum approval 7 month ago, and I applied for travel document to see my Parents in Lebanon. Today I got the approval from USCIS Offic, So what is the next step? I am worry if they will not let me go back to USA, so I need yor recomndaton.
thx
You should be able to travel and return. However, there are several pending court cases that could affect your ability to return. If you travel, you need to keep an eye on the news, and if it seems that things are changing in the US, you would need to come back immediately. Take care, Jason
Hi, Jade,
Congratulations on approval of your Asylum, can you please tell how long you had waited after your asylum interview for the decision, I really appreciate your answer in this regards,
Thanks
MAZ
Hey,
From the day I applied to the day I got it about 3 years
Hello Jade
Can you tell me in which office u applied? also did u have any written evidence with u to show in interview ?
Hi, Jade,
Thanks for reply but I mean how long it takes after the interview to get your decision, I have my interview 8 months ago but no decision yet,
Thanks
MAZ
I waited 26 months for interview and waiting for 8 months for decision and still counting
Thanks
MAZ
Hello,
One year and 2 mobths
Thx
Thanks
[…] has an important piece or blog post on when asylum seekers could reasonably fear detention or arrest today. I was not […]