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.
Hi, Jason. I am a derivative asylee and I got my RTD approved and will travel to my home country (I am from a different country from my wife). In the I-131 application, I wrote expected stay length is 30 days. However, I might need to stay longer like for 90 days. Do you think it’s ok? what is the longest stay you know who stayed outside the US as a derivative asylee? Thank you so much for your information in advance.
I do not know the maximum length a person can stay, but I doubt 90 days would be a problem. As long as you return before the RTD expires – that is very important. Take care, Jason
Thanks a lot, Jason!!
Thank you so much, Jason!!
Hey Jason, thanks a lot for this article. I am in the process of filing asylum in the next few weeks. I am filing political asylum in the DC area. Though my application is well over a year old I believe I have a very strong case as to why now. However, I was arrested and charged with a felony in 2015 in SC. The charge was outright dismissed for “insufficient evidence” months later and I also had it expunged by a Judge . The prosecutor’s office in SC helped me run a government background check on myself and it comes up empty after the Expungement . I did not take any plea deal or pay any fines or was punished in any way and I do have all the court certified dispositions to show that. I have looked at immigration’s definition of a criminal conviction and even by their standards I will not be considered to have a criminal conviction. However, with this article I am very worried. I read all the stories about the people involved and for any one of them, there was an actually conviction of either a felony or Misdemeanor and not just arrest and charge without any actual conviction or another prior conviction like it was the case for someone in the article who was convicted twice of assault in the past. So do you have story of someone who has an arrest that led to not guilty or dismissal and has never had a conviction even by immigration law standards who has been detained at the interview or any other USCIS benefit interview? if not or if you are not aware, I might a title safe to still go ahead an apply?
I have not heard about anyone in your situation (arrest, charges dismissed) getting arrested at an interview or elsewhere by ICE. I do think you need to disclose this arrest on the I-589, as the asylum office will know about it, and not disclosing it will potentially cause problems (they may think you are trying to hide it). In short, I do not see how this will negatively impact your case or cause you to be detained by ICE. I will caution that ICE has the authority to detain any alien who is out of status, and so it is not impossible that you will be detained, but I have not heard about that and I think you should be safe. Keep an eye on the news – if ICE starts arresting people in your situation, it will be in the news, and you can at least be forewarned. Take care, Jason
Hello Jason,
I send a letter to request for expedite my case since last month and i haven’t receive any reply from them. how does it work, will the reply to let me know if my request is grated or not? help me tell me how it works . thanks
They should reply. You can send them an email and ask about your expedite request. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks very much for your advise. I just send them an email. hoping to hear from them. Thanks and god bless you.
Acha
Hello Jason
I send an email ask you advice me to this is the reply below ..
Please do not send emails to this address. The Chicago Asylum Office cannot respond to inquiries from applicants requesting case-specific information. This is for your safety and to maintain the confidentiality of asylum applications.
Please send your inquiry by mail to the asylum office:
Department of Homeland Security
USCIS
Chicago Asylum Office
181 West Madison Street, Suite 3000
Chicago, IL 60602.
this is the same address I send the letter to .. what advice can you give me now .
Thanks
That seems ridiculous. If it is your case, they should communicate with you by email, phone or mail. Maybe it is a new policy. Could you try going in person to talk to them?
Hi jason ,
I came here in usa at 2009 on student visa and went back to my home country on 2011 and during my visit things have changed a lot and during my 3 month stay i lived in fear and my family get hurt but i was lucky enough that i did not get physical harm. I returned to usa and continued my studies and my country get TPS so currently things changed again and my family is forced to move again. I am not in a position to return due to my prevvious involvement in parties. Can i apply asylum after all these years , i have never been out of status .please suggest and can you provied your contact for the consultation.
Thank you
You can apply for asylum. There is an exception to the one-year filing rule for people who are lawfully in-status the whole time here. You can contact me at Jdzubow@dzubowlaw.com. Take care, Jason
Hi I have an interview on Friday with uscis, I have lost my 9th circuit and I did motion to reopen then I lost again so I went back to 9th circuit but I lost again so I still didn’t want to go back to my country so I applied another motion to reopen again this time but I got called for an interview, do I have a risk of being detain? Even if my motion to reopen case still pending?
Thanks!!
The motion to reopen in the Ninth Circuit does not protect you from being detained or from being deported unless the court has issued a “Stay of Removal”, which – given your situation – I highly doubt. I do think there is a good possibility that you will be detained at the interview. I recommend you talk to a lawyer before the interview to review your case and see whether there is a legitimate reason for the interview, or the sole purpose is to get you to come to their office so they can detain you. If you can, let us know what happens. Thank you, Jason
First I would like to say thanks for your time helping the confuse asylum seeker at this time , really what I want to say is god blesse you and ur family or let the miracle GOD gives you what you need
I was applying my asylum in Nov 2015 and I have got also my first EAD now it is time to apply for the next one and I did that but what when I send the fee for the renewal together with the finger print fee which is almost 500 box , from there some extra money which is about 5 dollar was there and I have not get the receipt replay which is 10 days pass so my question is
1- dose it matter if there is an extra money , a friend of mine telling me that is wrong there will not accept such fee they will send you back to you to send again ,
2-how long it take to get replay for the receipt , to my address
3- if I got the receipt can it substitute EAD card till it comes the original
4- the fee which I paid is in one check so does the finger print and the EAD fee has to made differently or dose not matter
thanks for you attention and replay
wish you all the best
1 – It does matter, and normally a case will be rejected if you sent extra. 2 – It is usually rejected relatively quickly, but it could take a month or more. 3 – You will likely have to refile with the correct fee (check the instructions, but in most cases, a renewal of an asylum-pending EAD is $410, as you do not need to pay the biometrics fee). Once you do and you get the receipt, your old EAD is automatically extended for 180 days, so you can work and get a driver’s license. 4 – See # 3. Take care, Jason
I see offices in NY they are calling for interview cases from January and February 2015 !
I applied in May 2015, my question is : to wait for interview this year or 2018 ?
Thanks & take care Jason ..
NY April 2015 here. I think we’re getting interviewed this year. Just a guess at this point. There’s no telling for sure.
Is any chance to get approved in interview
Thanks
You don’t find out on the interview day, if that’s what you’re asking. My understanding is that they tell you to come back to pick up your decision in two weeks, or tell you they’ll mail it to you. There are different types of decisions so it’s not always conclusive.
Just take it one step at a time.
Good luck!
Lulzim, I have applied in Jan 2015 I got mine in March and then rescheduled it, you will get in this year so try to collect all evidence and prepare for your interview! Follow Asulim timeline site, it is almost accurate. New York officers are not little bit tough and not that much experienced please try to be prepared in advance.
Jimi
Jimi, thanks in advance
Did you ask to reschedule the interview (because u weren’t prepared or they did it ?) i think in NY there are 3 offices, so what do you think , when is gonna be my interview ( just guessing) !?
Thanks Jimi
I had exams on the same date so reschedule to but I got it again in 4 weeks, mine interview was in Bethpage. Check Asylum bulletin site you will get clear idea.. Thanks JIMI
And did you get approved, or you are waiting for decision Jimi ?
It is impossible to say, but things seem to be speeding up across the country, and I would expect that you will have an interview pretty soon. Take care, Jason
Hi Jason,
I went to USCIS office to take my decision, but the didn’t give me decision in person but sent me through mail, I talk the officer about the duration to get decision by mail, he told me they have made it but they are not allowed to give you in person because lot of the people are involve. Officer told me he tried to call me but my number was getting off, I inform him that I changed my number I couldn’t update in the application because lot of the time kitties change in application delayed the decision, and gave him my new number. I assume I have to wait long to get the decision!! I will appreciate your thoughts about it?? Thanks
It is very common for “pick up” decision to become “mail out” decisions. How long it takes is not predictable. It could be days or years. In your case, it sounds like a decision is close, so hopefully you will get a good decision soon. Take care, Jason
Hi Jason,
I received my asylum receipt form.I am awaiting the 150 days to end for me to apply for EAD.my question is..do you count 150 days after biometrics or 150 days from receiving asylum receipt.2nd question..are the 150days working days or inclusive of weekends?finally can you apply for the EAD afew days before the 150 days are over?
Dear Wainwoo,
I am asylum seeker like you. I have counted all 150 days anxiously. I want to share my experience—— The 1st day will be the day on which USCIS received your application (it has nothing to do with the bio-metrics!). It is on the receipt. Second question the 150 days includes weekdays and weekends too.
Third you have to apply after 150 days have elapsed. If you apply before that it will be rejected and things will be complicated!
I hope this may help you
Thanks Scopa.i was confused on how to count
The blue and white paper is the asylum receipt and it states the date that your application was received. You count the 150 days from that date. It includes weekends and holidays, so it is 5 calendar months. It is a bad idea to apply early, as the application may be rejected, which will waste several weeks or more. Take care, Jason
Hi Jason,
I have received recommended approval at USCIS office two weeks after my interview. I have a question about waiting time for final approval. How much, from your experience, applicants from Ukraine wait for the background check? Also, I have been to 13 other countries, including three countries in the Middle East (none of them are on the ban list), before coming to the US. Do you think this may delay the results? Thank you.
Andre, where did you give you respect interview and how was your interview? I have given in NY little bit worried about decision!!
Thanks
Typically, men from Muslim countries wait longer than most others, and so I would expect that the wait time for someone from Ukraine would generally not be long. However, it depends on the case and there really is no way to predict. If you do not have a final answer in a couple months, you can contact the asylum office to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
If you don’t get approved in interview, how long does it takes to go in court???
Thank you very much for helping us
Regards
Court cases vary a lot depending on the court and the judge. It can take 6 month or it can take 6 years, depending on the judge, which is mostly a matter of luck. Take care, Jason
Anyone who is on pending asylum and also got TPS, I am a Master’s Student just got opportunity for Practicum outside the USA (not home country), please guide me this is the great opportunity for me!!
You would need Advance Parole (form I-131, available at http://www.uscis.gov) to leave and return to the US. You need a “humanitarian reason” to get AP, but maybe studying abroad would do. The problem is that the AP may not cover the entire time frame that you need, but you can try. If you get it for a long enough time period, then you can study and return here when you are done. Take care, Jason
Thank you Jason, I have one more question, is there any risk for not reentry in USA! I gone through I-131 instruction they have mentioned that they will decide again at the port of entry even though applicant has AP! Please guide me I am little bit confused I don’t want to mess my case..
Thanks
There is never a guarantee to re-enter, but if you do not have criminal convictions or immigration violations, you should be able to re-enter. Many people travel with AP without a problem. Take care, Jason
Hellow Jason sir,i have a question,if I change my address from SAN Francisco asylum office to Chicago while on recommended approval decision.Where do I need to renew my ead as it’s expiring in September.Is it under SAN Francisco or Chicago?
Thanks in advance
Use your new address and send it to the USCIS office listed in the instructions to form I-765, available at http://www.uscis.gov. Take care, Jason
Hi Jason,
Thank you for all your help and your website. I’d like to ask you about Green Card. If my asylum case is pending (almost 3 years for now), can I apply for the green card through the employer? My employer is willing to sponsor me. I don’t have H1B visa, only asylum pending. Thank you very much.
That’s what I would like to know.I hope that Jason is gonna see this question
They can sponsor you, but to get the GC you probably have to leave the US, and that may or may not be possible. If you take that path, you should also get Advance Parole (form I-131, available at http://www.uscis.gov), so in case the GC is not successful, you can still return to the US. In any case, you need to talk to a lawyer before you start the process to make sure you are eligible to finish it. Good luck, Jason
Thank you very much, Jason!
Hi,
I was granted asylum on 28 March 2015, and I got my green from. July 2015. My question is when exactly I can apply for citizenship?
Look on your GC. It says “lawful permanent resident since ___”. You can apply 4 years and 9 months after the date on the card (technically, 5 years, but you are allowed to mail the application 90 days early). Take care, Jason
Dear Jason,
Many thanks for your help and time. Do you know how long usually does the background check takes?
I’m from Iran and I did my second fingerprint last month.
It is not predictable. Sometimes it is fast; other times, people wait for years. In my experience, people from Iran do not wait as long as people from countries like Afghanistan and Iraq, for what that is worth. Take care, Jason
Thank you
Jason, my husband and I had an interview for asylum this past February; interview was held in Chicago; we still haven’t received a decision, however I re-applied for our EADs right before we received the invitation notice for an interview. My question – although, the I-765’s been processed, we received the I-797C notice, would it freeze the process of getting new EAD? It’s been exactly 3 months since I applied beginning of Feb., 2017. Thank you!.
I think you EAD processing will resume and you will receive your EAD if they do not make a decision on your case. BTW, did you send your EAD application to Nebreska office?
Yes I did; thanks.
I just saw an update – they issued new EAD and even mailed it for my husband; however mine has no update! Even though I sent both applications in one envelope, in the same time. Don’t even know, what can be a problem there!
The interview should not affect the EAD process. You should (hopefully) get the new EADs soon. Take care, Jason
I just saw an update – they issued new EAD and even mailed it for my husband; however mine has no update! Even though I sent both applications in one envelope, in the same time. Don’t even know, what can be a problem there!
This is very common – similar cases often are not processed at the exact same time. Unless the delay becomes long, there is no reason to worry – you should get a decision soon. Take care, Jason
Hi Jason
May God Bless you ,really your articles are helpful to us. I am an assylum applicant , in Washington state ,Seattle ,and going to submit I-765 on 10th june , Plz tell me how long i have to wait for my EAD ?
Regards.
It may be different where you are, but our clients normally wait between 2 and 4 months. Take care, Jason
Hey Janson Hey everybody
Is there any case from Muslim country especially in Trump list ban got asylum case approval this years any body know some one ?..
There was a citizen of Iran who is asylum seeker got approval for EAD in April.
We have had a few cases from Muslim countries approved, including at least one from Afghanistan. I can’t remember where the other was from. Take care, Jason
my frind from syria get approve last month after 3 years pending
Thank you – We also had a few cases (asylum and other types) approved for people from “banned” countries, so things are moving along slowly, but normally, at least for now. Take care, Jason
I have been reading this blog for more than a year ;as asylum seeker in order to stay informed what ‘s going on in our universe. I read every monthly articles.I have no specific question. I just thank you and appreciate how you inform the asylum seekers community .keep it up.
Hi Jason,
Just gave my interview in New York, I would like to thanks for your articles and feedback, you have helped me more than my attorney!
Officer was so tough, he wasn’t that friendly as I expected, he was taking time in typing all detail from me, in couple of question I got nervous but I corrected my answers, I had let him repeat lot of questions during my interview, all over he wouldn’t go in detail, he ask me in the begging don’t give him detail but I was trying to give detail with excuses and in few question I got permission to give him detail. Wish me good luck.
I had my interview it is was like that the Officer was typing a lot of information that I was giving and also tell me to slow down and repeat the answers so he can get a good documentation ! and my case was approved ! It is just normal they do that because they do have supervisors that read after them so they try to write a great report ! Good Lucky
Thank you LC, can you please tell me which was your center and when you gave your interview? I’m from Muslim country so defiantly my decision going to be delayed!!
Jimi
Goodluck bro/sis.
The problem with many officers (at least in Virginia) is that they are not very experienced, and so they tend to ask a lot of questions that are not very relevant to deciding the case. It is typical for them to repeat questions. I think this is to check whether you give the same answer each time, but in many cases, it does not seem to be an effective way to test veracity. Anyway, good luck with the case, Jason
Hi Jimi,
If you don’t mind me asking, what month and year did you file for asylum?
January 2015 New York.
Thank you 🙂 Hope you get an approval soon.
Hi Jason ,
Thank you for all you do ! I just checked the asylum bulletin (I moved to Chicago couple months ago ) and in the top portion where it has the current month it says April – August 2014. What does that mean ? Why is there a gap between those months ? ( I’m confused because its always January – February etc . ) I will be happy if they are in August , I applied in February 2015 🙂 Thank you kindly
I found the answer below , thanks 🙂
I do not think it is a gap. I think it means they are interviewing cases filed anytime between April and August 2014. Take care, Jason
dear, Jason
thanks for your bogs and helping us in the mean time, please would you write a bog about the social government benefits fr the immigrants and how it can effect our status and to become citizens as it really confusing when we allow to get it and then ti become a problem especially SNAP and medicaid…
thanks and God bless you.
Go near snap with pending asylum?? Well,maybe you have US citizen kids. SNAP is like drinking Soda for some strength for the moment, knowing that the cons out weight that one pron. I am 1000 miles from social benefits??
Oops! So sorry. Looks like you are not pending asylum.
Well Tina
Fine to get that you Knew nothing
So say something useful or……….
You know.the rest
Thats not nice. Even the emoticon at the end of my post shows I posted that as a joke. I apologize for commenting..I have too much to worry about than a disrespectful comment.
The last I checked though, this section is for asylum seekers, so my first instinct was to joke with someone in my shoes, only to realize that you are an aspiring citizen. Goodluck.
Such benefits should not affect your ability to win asylum (unless you lied to get them). Maybe one day I will write a post about this, but I do not know a whole lot about government benefits. Take care, Jason
Thank you Jason. You are such a great help in time of distress. May God bless you abundantly. Thank you for all good work.
Hello JASON, I had applied for my 3rd work permit and had sent 410 dollar, he sent me the letter saying that the amount was incorrect. As a result I saw that he was asking to pay the biometric for 85 dollar now today they send me the letter to say that I can apply again for the moment because I make an extra discount ……. now That I still 3 months in front of me so that my last work permit can expire …. what do I do
as the letter say…recently,you submitted an application for immigration benefits. that form was submitted with an extra remittance that is not required to process your application. If you submitted a G-1450 it has been destroyed and will not be returned to you. otherwise,your payment is being returned to you with this notice. No additional action by you is required at this time. What can I do now?
Have you been interviewed?
not yet
If USCIS told you that you paid the wrong fee, then you should pay whatever fee they require. Once you get the receipt, it will automatically extend your old work permit by 180 days, so that should help. Take care, Jason
Dear shirju,
Can you share us you time frame? Thanks!
with regard to you question with SSN you have to visit your local social security office and apply there or send an application by mail (I got this from internet search)
Have a good day!
Hello Jason
Thank you for your help.
I have received my EAD Card last Friday. I wanted to know that do I need to go to SOcial security office to change my status??? When i applied for social security i was in j1 visa. If i need yo what should i say??
Thank you
You don’t need to do that. Your SSN will not change until you have your green card. So you don’t have to go to SSN office. By the way, can you share your timeline? such as which office? when did you apply?
Hello Allen,
I have applied social security in 2015 from san mateo social security office
You may need to get a new SS card, but I do not know what your old card says. Maybe check the social security website or – if it is easy – go to their office to check. Take care, Jason
J1 – SSN has : only valid for work with DHS authorization. I think it is the same with Asylum SSN.
Probably that is correct, but I do not have any SSNs to check to be sure. Take care, Jason
Come on Jason. Please share positive news as well
I think the above news is pretty positive. People were worried that they would be detained at asylum or other USCIS interviews, but the evidence indicates that this only happens to people who have criminal convictions or deportation orders. Take care, Jason
Dear Jason,
It comes as a surprise to read from Affirmative asylum interview scheduling bulletin that the Los Angeles office is interviewing applicants from October, 2011— March, 2013 in April, 2017. It was like they moved 20 months ahead in two months.
It is a good news but I am not sure whether it is due to Trump policy or there is some other factor. Any comment on this?
In late December 2014, USCIS changed the system to do the oldest cases first and do the cases in order of arrival, but prior to that time, many cases were interviewed and others disappeared into the backlog. Those “disappeared” cases shown on the Scheduling Bulletin. I do not know how many cases disappeared in LA. So the movement may reflect that a lot of cases are already finished, and they are quickly moving through the remaining case. Also, LA gets a lot of cases from the border, and the number of people coming here is way down. Finally, LA is receiving help from an office in Virginia that does some types of interviews by phone or video, so maybe that is helping too. Take care, Jason
Thanks dear Jason,
really satisfied by your explanation.
Have a great day!
Hi Jason, thank you for always helping,
i check the Affirmative Asylum Scheduling Bulletin
i see the Chicago office example in april they finish ( APRIL _ AUGUST ) what that mean
is it mean they finish up to august or the interviewed people who applied only on april and august
and what about people who applied on my and June and July ??
and i was on office on APRIL 20 ( to change my address ) and i saw one guy had interview and i asked him when did you apply he said august 2014
Thanks for your help
I do not know, but my guess is that this means they are interviewing people who filed between April and August 2014. Cases from 2014 may move quickly because many cases from that year were already interviewed (in 2014). In late December 2014, they changed the system to do the oldest cases first and do the cases in order of arrival, but it 2014, many cases were interviewed and others disappeared into the backlog. Those “disappeared” cases from 2014 are the ones being interviewed now. Once we reach the 2015 cases, basically none have been interviewed, so I expect the movement of the Scheduling Bulletin will be slower. Take care, Jason
Thank you
I have DUI and I pleaded guilty. Where do I stand as per your article above.
I think you have some risk of being detained if you appear for a USCIS interview. My guess is that the risk is not very great, but it is certainly more than zero. Take care, Jason
Dear jason
My friends applied for asylum from Virginia on 10 of april its been almost amonth since he didn’t receive the receipt when i applied I received it in 14 days –
Is there any changes happened in timing pleass let me know
It can take over 4 weeks to get the receipt. Make sure he mailed the case to the correct address. If he does not have the receipt in another few weeks, contact the local asylum office to ask if they know about the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason, thank you for always helping. If one is pending interview and has been away for some time from cop. Away long enough that the cop gov sends a mail notice to the cop house for exit permit application or else failure to apply would result in fine, jailtime or both for military service men, must one submit all the info online to the cop gov? Or just ignore the notice? Submitting the info would mean giving up the current residential address and other current particulars which does not make sense. Please advice, thank you Jason.
I am not sure I understand – your home government has requested that you provide some info to them? I imagine that in most cases, it would be better for an asylum case to not respond, but I do not know about your case or your country, so I really cannot say. Maybe you want to consult with a lawyer about this. Take care, Jason
Thank you for your reply Jason. Yes. The cop gov, specifically military, has become aware of one’s long absence from the cop country and has requested information about one’s whereabouts (country and address) as part of their internal procedures. Failure to comply would result in actions being taken against said person which is either a fine, imprisonment or both. Please advice, thank you Jason.
For purposes of your asylum case, I do not see any reason to respond to your home government. However, you may want to respond or not, depending on your own life circumstances. I cannot advise you about that part. Take care, Jason
Dear Jason,
I have interview on Monday morning, any last moment advise before interview will be highly appreciated.
Thanks
I did a blog post about interviews on September 8, 2016 – maybe that would be helpful. Otherwise, just try to get a good night sleep. Good luck, Jason
Thank you Jason, that what I was looking for.
Good luck Jimi.God be with you!
Good luck Jimi!!
Thank you Jason, i’ve been reading your website for years while i wait for my case and it is a light in the darkness, just wanted to show my appreciation for the selfless work you do here, keep it up, please.
I will try. Thank you, Jason
Hi Jason, can u plz answer me one question in regards asyelee applying for green card after one year, do they ask Asylee for an interview after getting approval for their asylum in order to obtain a greencard? Or they just update the status and issue a green card after applying I-485? Plz assist.
Often there is no interview, but sometimes there is. And sometimes there are delays with the GC process, depending on the nature of the asylum case, but this can be hard to predict. Take care, Jason
Hi jason. I am a follower of your website. What you have been doing is very valuable. People sometimes ask the same questions. So Maybe you can make frequently asked questions page.
I may one day; it all a question of time. Thank you, Jason
Hi Jason,
How can I know if I have a deportation order or not?
Thank you very much for your helping us.
Call 1-800-898-7180. It is a computer. Enter your Alien number and push 3. It will say whether you have a deportation order. You can also push 4 to see whether there was ever an appeal of that order. Take care, Jason
I have contacted this number NOW, they answered that my A number is not available in court or linked to any case?
what does it mean?
Thank you
Maybe try calling the court directly. You have to call the court where your case was located. You can find the number if you follow the link at right called Immigration Court. Talk to the clerk and maybe that person can help. Take care, Jason
Hi jason,
I am waiting for asylum interview for a while now, and my spouse won the dv lottery2018 (i was under derivative too. My question is, since we both have TPS status, can her and mine tps status will allow to adjust for DV green card. she was out of status from f1 for i believe less than 6 months, before being approved for TPS.
HI, I’m not Jason, but want you to go to the one absolutely helpful site and ask this guy about dv lottery questions http://britsimonsays.com/
It may be possible, but there are many different considerations, so she would need to talk to a lawyer to determine whether she can do it, and the best way to do it. Take care, Jason
Hello Jason,
Thanks for your previous responses. I am again double checking on this question I asked you before. When the asylum office says “TRIG questions were not fleshed out”, does it mean the questions at the upcoming interview will be mainly related to the Organization based on which I applied or they could be something else. I know you said it is a broad term and plus I really loved your article on this topic. Just wanted to double check on this. I would highly appreciate your answer.
I cannot predict that – it sounds like they will focus on the organization and what, if any, support or involvement you had with the organization, but at the interview, they can ask about anything they want. Take care, Jason
Thank you Jason
hı jason
I applied to the asylum in 13 December 2016.
I gave fingerprints and filled 150 days for work permit. I am not a ban country.
I am an academicians and ıhave a phd.so ı have to go some conference ın EUROPE
I have to attend the conference in Austria (VIENNA)on 25th of july.AND september Germany too
When can I get travel paper to go to the van.
Secondly will I have to get a visa?
Can RTD to an asylum schengen country with travel tissue?
How can I go to the conference?
Do you have detailed information and details?
God bless you
Let me be honest with you! I am in a similar situation with you. So forget about conferences outside US if you have pending asylum case. You have to apply for Advanced Parole for leaving US but it could take many months and it is only valid for one year. so the timing of conference is very difficult to determine.
You can only get an RTD if your asylum case is granted already. If so, then you have to contact the embassy of the country you plan to visit and ask about a visa. If your asylum case is pending with the asylum office, you can apply for Advance Parole (form I-131, available at http://www.uscis.gov), which allows you to re-enter the US after you leave. You still need to use your passport to travel to Europe, and get a visa if required. You should be aware that the wait time for the Advance Parole document is somewhat unpredictable, and usually takes between 3 and 6 months. You can ask that they expedite based on your travel schedule. Take care, Jason
Hi Jason,
Just to make sure, asylum seeker with no criminal records, it is safe to appear for the Master hearing ?? after his case referred from USCIS TO IMMIGRATION COURT >
Thanks,
There is never a guarantee, but it should be safe, and I have not heard anything about people without a criminal record being detained at the Master Hearing. Take care, Jason
Jason,
Thanks a million, again and again. Frankly speaking, your blog is the most essential resource for my immigration knowledge as an asylum seeker. I wish if the articles were posted already before I filed my case 3 years ago. Had I read the articles before filing my case, would have helped me a lot to avoid a numerous number of mistakes I did on my statement letter. Unfortunately, I paid a lot of money to my lawyer who supposed he had the best reputation in my area as an asylum lawyer. But he failed in providing me with the most essential services and tips to file a case. All what he did is filling the applications, and keeping my statement “as is” which lead to what I am suffering now
Moreover, I am seeking your advise, and I am asking a question can be categorized as “Impossible Question” as you described a similar article’s question before. I know there is no definite answer, but would like to hear your opinion or percentage of results
Briefly, I am Syrian, did the interview 2 years ago, pending decision, my case is at the HQ now. According to a comparison with an article you posted previously I had 3 main reasons for my case to be sent to the HQ. I can call them a “fatal error” I committed on my statement. The immigration officer who interviewed me focused on these 3 items during the interview. The interview lasted for 7 hours
My question, among of all what is happening now with “Trump’s America”, do you advise to file a mandamus lawsuit against the asylum office hoping we can get a positive answer, if not, is it good to be sent to the court. What are my percentage chances to win as of your opinion, regardless of the details laying inside my letter of statement?
I might have some bad factors inside the letter, but on the other hand, it contains very strong “life threat” reasoning preventing me from getting back to my home country. (Recently, i am NO more sure if somebody care about my life with the way they mentally follow Trump to protect the safety of the nation)
1- I am Syrian asylee –> Trump’s bad factor
2- I am Muslim –> Trump’s bad factor
3- I am a citizen of one of the 7 countries –> Trump’s bad factor
4- I have travel record on my passport to 4 out of the 7 countries highlighted by Trump because of my job nature 5 years ago as regional support professional –> Trump’s bad factor
We have seen long delays post-interview for some clients, particularly men from Muslim countries, and a 2-year delay is (unfortunately) not that uncommon. I wonder if you have any other issues – did you pass a non-government check-point and pay money to the people there? Or in any other way “support” terrorists or rebels? That is a common reason for long delay. Otherwise, if you have inquired with the asylum office and the USCIS Ombudsman (links are at right), you could try a mandamus. It may actually work, or it may just result in your case being denied and sent court. At least among the cases I have done, we have not seen the types of security-check delays in court like we see at the asylum office (apparently, the system is different there). Of course, courts are slow, and it could involve waiting for more years, but that may be better than waiting at the asylum office because at least you have a date for your next court appearance, which somehow feels better than having no date and being completely in the dark in the asylum office. Take care, Jason
I had to abandon my car for non-governmental people, under the threat of weapons pointed to my head. I was targeted in person, (not randomly selected to take the car away), and it was kind of punishment for not cooperating with these guys previously. Have you seen “Captain Phillips” movie for “Tom Hanks” when he gave away $30K to save his life and his crew lives? was he supporting terrorists (they) think? Did they put his whole life on “pending” status for his BAD, RUDE, UNETHICAL, CRIMINAL, SAVAGE behavior by trying to save his life!
I would like to hear your opinion again after this detail, do you think a court can deny a case for similar incident?
I did posts about this on February 27, 2014 and June 24, 2016 – maybe those would help. The “terrorism bar” is very tricky, but in your case, I think there is a good argument that it will not apply. Nevertheless, you need to be careful about this, and you should have a lawyer help you so the lawyer can examine the specific situation and craft a response. Take care, Jason
Dear Jason,
I am an asylum seeker with a pending case and I have received mu EAD. If i get hired, what documents my employee should fill them out?. Give me some points about this question.
thanks
I am not sure what you mean, sorry, Jason
Can you please share your timeline (when and to which office did you send the application)?
Normally you just have to provide a copy of your EAD and SSN number to your employer and someone will fill the employment form for you.
Thank you sir Jason for this informative article. Have been waiting for your valuable opinions on these incidents. Thank you. Blessings to you.
Hi Jason, I definitively considerer my self as your Fan. What such a great contribution you do for all of us as the most weak and sensitive population in any place of the World. I am located in Florida, please send me to my email an associated Asylum Law Office you have down here in Broward County, Florida. Also I want to thank you because I am Venezuelan that suffered persecution by Venezuelan Soldiers and Terrorist Group, so after this happened to this Venezuelan well known victim of torture I got alarmed because this was breaking Human Rights and legal procedures and also the right be heard by a Immigration Judge. My concerned now is, I had 2 Traffic Tickets which I paid immediately and 1 was disputed by a Traffic Lawyer and the second one was Paid and did the driving school lessons so no points to my driver license were placed. Would that be consider by USCIS? I have been living in USA for 3 years now and those tickets were Failed To Yield At Sidewalk and another one for Violation Of Move Over Law that I made Driving School for it. Would that look bad for USCIS? I’m sorry for the long comment.
I do not have an office in FL, sorry (we do cases in FL, but we do it from here). I do not think these traffic tickets will affect your asylum case – they are not criminal issues, and so you should not be affected. Take care, Jason
Dear Jason,
I am really grateful for your information. I think there is no worries for asylum seekers with pending cases travelling inside US. I don’t know about the island states. I have traveled from San Francisco to Phoenix then to Dallas without ID. I just showed them my passport (of which US Visa has expired) and just my flight ticket! I was caring my USCIS asylum application receipt with me in case they ask. but no one asked me. Definitely people with criminal record should take all necessary cautions.
I agree – at least for now. Though travel to places like the US Virgin Islands or Guam is a different story, as I think the person must go through customs. Take care, Jason
How about Puerto Rico . Is that place safe?
Thank you
I do not think you need to go through customs to go there, but I am not sure, so you would need to check with the airline before you go. Take care, Jason
Thank you Jason for the article.Good news for some respite. You never know what tomorrow brings.
I am thinking of traveling outside the US and I got confused regarding RTD and Advance Parole. I am an asylee with a pending I485. What do I need? Do I need a RTD or an Advance Parole document?
If you already have asylum, you should travel using the Refugee Travel Document. AP is usually for people whose case is pending and they do not have any status here (your status is asylum and your GC case is pending). Take care, Jason
Hi Jason,
This is great article. I would like to share my experience which happened yesterday and need suggestion for next step. I was coming back to New York with my friend from Atlanta. Due to some emergency my friend wanted to use restroom so I took exit in rush, we ended up in National Security Agencies Washington. One officer told us we have to go inside few officer will get your information and then they will let you go!! We get inside with a police vehicle, then they ask me are you US citizen, I replied no I am not she is, I inform them my Nationality; Pakistan, all of sudden every one got alert around 10 police vehicle surrounded us including few under cover officers and ask documents we provided them all including my passport, driving license SSN and everything. Lady officer inform me because of origin of country we have to follow protocol, I was calm and cooperate with them, finally they ask me when and how did I came in the USA, I told about visa and port of entry, when they ask me do you want to go back Pakistan, I replied I can’t, because I am asylum, more question open up, what type of asylum, who threatened you blah blah, I replied political and religious ” I am minority in Muslim county,” one of the officer relied “fuck muslims”. Then they shorted the process and let up go! In between they bring the dog and checked our bags finally every thing cleared. Few other vehicle also did same mistake like we did they cleared in 2 minutes they took us 2 hours. Anyone who is traveling in the united state please keep their all documents and read how to response while detention and ready to call your attorney if they misbehave you, I was lucky my friend was American born may be you won’t be lucky.
Thanks
Thank you for sharing this. It is pretty bad that one of the officers would say “fuck Muslims”. It would be great to file a complaint about this, but I expect it will get nowhere and it could result in more trouble for you (unfortunately). Anyway, I guess it is best to stay as far away from the NSA as possible. Take care, Jason
Thank you Jason,
I have No criminal record, just one red light camera ticket and I was too much worried about.
After reading this article, it clearly seems that majority of asylum seekers who do not have any criminal conviction are free and have no risk of detention, which is a very sweet NEWS. THANK U again for the detailed post, it helps us have some peace of mind.
I think this is correct – a traffic ticket is not a criminal offense, and is should not create problems for an asylum case. Take care, Jason