In a little noted, but quite extraordinary move, the National Association of Immigration Judges (“NAIJ”) has asked Congress to protect its members (Immigration Judges) from the Trump Administration (their employer). The reason? The Trump Administration is seeking to “evaluate judges’ performance based on numerical measures or production quotas.” According to NAIJ, “If EOIR is successful in tying case completion quotas to judge performance evaluations, it could be the death knell for judicial independence in the Immigration Courts.” “Judges can face potential termination for good faith legal decisions of which their supervisors do not approve.”
Let’s start with a bit of background. NAIJ is a voluntary organization of United States Immigration Judges. It also is the recognized representative of Immigration Judges for collective bargaining purposes(in other words, the IJs’ union): “Our mission is to promote the independence of Immigration Judges and enhance the professionalism, dignity, and efficiency of the Immigration Courts, which are the trial-level tribunals where removal proceedings initiated by the Department of Homeland Security are conducted.”
According to NAIJ, the most important regulation governing IJ decision-making is 8 C.F.R. § 1003.10(b). This regulation requires that immigration judges exercise judicial independence. Specifically, “in deciding the individual cases before them, and subject to the applicable governing standards, immigration judges shall exercise their independent judgment and discretion and may take any action consistent with their authorities under the Act and regulations that is appropriate and necessary for the disposition of such cases.” 8 C.F.R. §1 003.10(b).
Up until now, IJs were exempted from quantitative performance evaluations. According to NAIJ, “The basis for this exemption was rooted in the notion that ratings created an inherent risk of actual or perceived influence by supervisors on the work of judges, with the potential of improperly affecting the outcome of cases.”
The Trump Administration is now moving to change the way it evaluates IJs. The main reason for the change is the Administration’s goal of reducing the very-large backlog of cases in Immigration Court (currently, there are about 640,000 pending cases). The Executive Office for Immigration Review (EOIR – the office that administers the nation’s Immigration Courts) recently announced a plan to “transform[] its institutional culture to emphasize the importance of completing cases.” In other words, EOIR will judge its judges based–at least in part–on the number of cases completed.
NAIJ has called this development “alarming” and a threat to judicial independence. Why? Because when judges are forced to complete a certain number of cases, they may be unable to devote the necessary time to each case. As a result, the ability to make proper, well-thought-out decisions will suffer.
This is already a problem in Immigration Court. One IJ famously quipped that his job involved adjudicating death penalty cases in a traffic court setting. And so pushing judges to do more cases in less time will potentially impact the alien’s due process rights, and the integrity of our Immigration Courts.
NAIJ has long believed that the system needs a “structural overhaul” and has advocated for converting the Immigration Courts into Article I courts. Article I refers to the first article in the U.S. Constitution, the section on legislative (i.e., Congressional) powers. The idea is that Congress would establish an independent immigration court, much like it created a tax court and a court of veterans appeal. Such a court would be independent of the Executive Branch–the branch of government tasked with enforcing immigration law (currently, IJs are employees of the Department of Justice, a part of the Executive Branch).
NAIJ recognizes that creating Article I immigration courts “may not be feasible right now,” but it nevertheless urges Congress to protect the nation’s IJs from the new Trump Administration policy:
Congress can… easily and swiftly resolve this problem through a simple amendment to the civil service statute on performance reviews. Recognizing that performance evaluations are antithetical to judicial independence, Congress exempted Administrative Law Judges (ALJs) from performance appraisals and ratings by including them in the list of occupations exempt from performance reviews in 5 U.S.C. § 4301(2)(D). This provision lists ALJs as one of eight categories (A through H) of employees who are excluded from the requirement of performance appraisals and ratings. To provide that same exemption to Immigration Judges, all that would be needed is an amendment to 5 U.S.C. § 4301(2), which would add a new paragraph (I) listing Immigration Judges in that list of exempt employees.
The fact that IJs themselves are concerned about the Administration’s move is worrying. The Immigration Judges I know are conscientious and take their jobs very seriously (in contrast to the Trump Administration, which seems utterly lacking in seriousness). If EOIR is making it more difficult for IJs to do their duty, as they understand it, then something is clearly wrong.
Perhaps the IJs’ concerns are overblown. Maybe EOIR will implement the new case completion standards in a way that does not damage judicial independence or due process. But given the Administration’s track record in general, and the inexperienced acting director appointed to head EOIR, it’s difficult to have much confidence in the new policy. Since Congress is unlikely to act on NAIJ’s request for protection, I suppose we will see soon enough how these changes affect the Immigration Courts.
Finally, in my opinion, EOIR has largely misdiagnosed the problem. While some delay may be caused by IJs kicking the can down the road, or by aliens “playing” the system, most delay is systematic–it is caused by reshuffling Administration priorities, which affect how DHS and DOJ schedule cases. I doubt that imposing numerical quotas on IJs will do much to improve the situation. Other solutions–facilitating pre-trial conferences, reforming the Master Calendar system, better use of technology, imposition of costs, premium processing for certain applicants–might be more effective. Everyone agrees that reducing the backlog is a worthy goal, but case completion requirements are probably not the best way to achieve that end.
Happy new year dear Jason and all people here.
I got my reschedule interview in January 15.My lawyer is not responding, I am not sure what happened to him? I wonder if I i can have another lawyer with me at the time of interview with no notification ahead to the asylum office? Or is it possible to have some people in order to vouch for me in the interview? If yes,What should we do to have this opportunity?
Hey El,
Glad you got your interview notice (your trip there was well worth it!).
Maybe your lawyer is still catching up on emails since it’s the first day back in office after the holidays. I hope you get a hold of him/ her soon.
Should you decide to hire a new lawyer, I think that s/he will need to file a new G-28 form to attend the interview with you.
As for having someone vouch for you, you’re allowed to bring a witness to the interview who’s not your interpreter or legal representative. Family members and friends with firsthand knowledge of the incidents you have suffered, could serve as witnesses. Just make sure that whomever you pick to attend is well-prepared, and will recount the incident(s) the same way you would with the same details.
As always, I would wait to hear back from Jason in response to your questions.
Thank you Sara.
So, is it a good idea to have a witness?
And could you please share some information about the questions that officers would ask at the day of interview?
I appreciate you.
Hey El,
I would refer to Jason’s blog post titled “The Asylum Interview” as it’s very helpful and informative. My questions were all case specific, so I don’t have anything helpful to share in terms of what you will be asked.
Be prepared to discuss every aspect of your case. As I mentioned in previous comments, my interview was very thorough and very fair.
Honesty goes a long way. I think my officer could tell right away that I was telling the truth, and that set the tone for the interview. It was all smooth sailing, and hopefully yours will be too.
Good luck!
You guys are awesome. Thank you so much. Always positive and helpful.
About taxes!! Are they asking for home taxes? Should we know the exact amount?
I wasn’t asked any questions about taxes.
Normally, they do not care about your taxes and they do not ask to talk to witnesses. Take care, Jason
You guys are awesome. Thank you so much. Always positive and helpful.
As usual, I agree with Sara. The lawyer can submit the G-28 on the day of the interview (in fact, given the time frame, that is probably the best thing to do unless you are filing more evidence, then the lawyer can submit the G-28 with the evidence). As for witnesses, they should be prepared, but it is very rare that the asylum officer would ever speak to a witness. Nevertheless, if you have someone, you can bring the person and tell the asylum officer, so the officer has the option to speak with your witness. Take care, Jason
You can use any lawyer you choose, so you can hire a new lawyer for the interview. There is very little time to do that, though, so you should try to find someone as soon as possible. Also, there is even less time to submit additional evidence (if you must do that), as different offices have different rules (many offices require all documents at least one week before the interview). Lawyers do not do very much at the interview, but still, it is better to have one with you if possible. Good luck, Jason
Thank you so much Dear Jason.
hi Jason happy new year I have quick question, we are in pending asylum, last week we have moved in new house, how can I update my new address to uscis office,
All this basic information is posted on the USCIS website.
https://www.uscis.gov/addresschange
Use form AR-11, available at http://www.uscis.gov. Take care, Jason
Hi Jason,
I have a question and appreciate if you can help me understand it. I came to the US via J1 visa almost 6 months ago. I came here through a scholarship program to peruse my masters degree and this scholarship is 100% funded by US department of state. I am from a country where my life may be at serious risk if I was to return back to my country . Therefore, I want to apply for Asylum. However I am a little concerned that if I apply now before completion of my 2 years masters degree USCIS might inform the scholarship oversight committee that I have applied for asylum and if they do so they might decide to cancel my scholarship grant. Because one requirement for this scholarship is that I should return to my home country after completing two years and after getting my masters. So my question is , do you think USCIS may disclose about my asylum application to this scholarship oversight committee within the US department ? Or is it something confidential and won’t be shared with anyone ?
Appreciate your response in advance .
I am not sure – we have had J-1 scholars apply for asylum, but in the cases I remember, they were basically finished with the scholarships. I know that, for example, the Fulbright association hates when its scholars apply for asylum (for obvious reasons, I think), but I have not heard about anyone having a scholarship canceled. I do not see why they could not cancel the scholarship though, if they know about the asylum. The USCIS can share info about your asylum within the government. One option is to wait until later to apply for asylum – if you are in-status, you can apply for asylum even after the one-year asylum filing bar. If you want to do that, talk to a lawyer, as you do not want to lose the asylum case because you filed late. Another option is to file and hope for the best – even if USCIS shares such info, I doubt it would be shared so early in the process, as there is probably no mechanism to identify J-1 applicants and inform their funders (at least not until they really look at your case during the interview), though I am not sure about this. Take care, Jason
Happy New Year, Jason!
And to everyone on here: Happy New Year! I hope 2018 brings successful interviews, asylum grants, green cards and citizenships your way. For those separated from their loved ones, I hope you get reunited with them very soon.
Enjoy your celebrations, guys!
P.S. If you don’t have kids, you had better be partying like it’s 1999 tonight.
Deeply appreciate your response!! I didn’t report taxes hopefully it wont affect my following document things.
You’re welcome!
I, personally, don’t think it’s a cause for concern and believe it would go over smoothly, but you will get reassurance/ advice from Jason.
Happy New Year, Jason (we had kids AND partied like it was 1999 – probably that was a mistake). Happy 2018, Jason
On behalf of all parents, I salute you. We mostly ate like it was 12/21/12, fake Mayan Doomsday, and we wouldn’t have to worry about fitting in clothes anymore. Now THAT was a mistake.
Hangover free Jan. 1st was a nice change, though.
Happy 2018 to you and your family. 🙂
Happy New year Jason!! Happy new year everyone!! it’s feeling so great to have a “family” here in the blog that we care each other and share so much information!!
I was called to take a second interview by the same officer in SF. my initial one lasts for 3 hrs, I know that anything could happen in the second one right? it could be either shorter, longer, easier, more intense…
in the initial one, when asked for the working exp, I mistakenly missed two positions I’ve been working, not a long period but I didn’t report those taxes but the companies all did that. I missed the taxes report when I moved.was it be huge mistake?should I tell the truth in my second interview will it affect my future asylum case?? another reason that I didn’t tell the taxes because I called a local cpa company and was told that as long as it was below 6,000 it’s not necessary….
Hi Lulu,
Maybe you can take the initiative and correct that part on the I-589 at the start of the second interview? Just say that you forgot to include those jobs, and I don’t think it will come off like you had intentionally withheld that information the first time.
Let’s see what Jason recommends.
I doubt that this is the reason for the second interview, but you never know. I would get evidence about this and give it to the asylum officer (if you have a lawyer, of course, discuss with the lawyer first). In my experience, it is better to tell them about such errors up front, rather than wait for them to discover the error and confront you with it. As for a second interview, it could be anything and you should prepare as if it was the first interview – be ready for questions about any aspect of the case. Good luck, Jason
Hey Jason,thanks again for your detailed and supportive responses! God bless everyone here！
Hi Jason !
Happy new year!
I just have a quick question, to apply for a green card after asylum , it has to be a year after approval , is it a year after the date written on the i94 asylum granted or a year from the date we pick up our decisions? For example if the i94 date is feb, 5 and the pick up date is march 10 , a year is counted from feb 5th right ?
Thanks a lot
Correct – Sometimes the asylum granted date is earlier than the pick up date, so in your case, it is a year from February 5. Happy New Year, Jason
Hi Jason,
Does it ever happen that one gets to be interviewed under a different jurisdiction Asylum Office other than the one he/she applied at? For example, my case was filed with the Asylum Office in Houston, will it ever happen that they would call me for interview somewhere else like NY or FL, etc.? I asked my lawyer’s assistant and she said it’s up to USCIS to decide where i get to be interviewed, not to them, so they cannot tell me the answer. Is it true? I feel so anxious. Thank you for your reply.
ask your lawyer if he can buy shoes and blanket from grocery store?
If you live under any office (from where you received the first mail), they will call you and you will be interviewed in nearest office to you.
I have never heard of such a thing – people are interviewed in the office with jurisdiction over their place of residence. Happy New Year, Jason
This shouldn’t even be a question! Why would someone stress over something that’s absolutely irrelevant and far-fetched?
Jamie,
I want to show the lady the comments regarding my question. Just so you know.
Hi Therese, thank for your response. I understand. I just don’t want anyone stressing over something that they need not stress over as the entire asylum process itself us stressful. Can’t imagine people taking on more stress.
hi jason
I have a quick question to ask, my husband and I filed for asylum and its now been 11 months.
My husband sometimes thinks he wants to go back to his parents no matter what the situation is back home. I keep telling him he cannot go back.
But sometimes he says he wants to.
This december we complete one year entry to US.
I do not want to go back as I do not have a life back home due to religious reasons and living is hell there.
I do have a genuine case, My question is if my husband goes back to his country.
First will he be detained at the airport and face detention
secondly can i file for asylum case for my son and myself seperately consulting a lawyer ( new or same lawyer) when one year of filing has passed.
third, i know that he will be barred from entering the country from 5-10 year does this affect the future of my son and myself ?
fourth we files for asylum, at california office at the moment the waiting time is upto 4 years, will this change with the new administration and all that is happening to expedite and share cases between office as the wait times have been long?
I do not want to ruin the future of my child or take a step to look, I really dont care about myself but i need to make life a success for the sake my son whose just 3 years old.
Your input and advice is greatly appreciated and this is why I am writing to you.
Many thanks in advance
If your husband leaves, you will need to file a new case. The fact that he leaves may make it more difficult for you to win your case. You do have to deal with the one-year filing deadline (though the pending case should excuse that and so I think you will be fine there). Also, be aware that the procedure to file for people who were dependents is different than if this is your first application (check the I-589 instructions). If he leaves and tries to return to the US, he could be detained at the airport or denied entry. Your husband may be barred from returning, but not always – it depends on the case. As for the waiting times, you need to check the Asylum Office Scheduling Bulletin. You can request to expedite a case – I wrote about that on March 30, 2017. If he decides to leave, I think you need to talk to your lawyer (or a new lawyer if you prefer) to decide how best to proceed, as it is not possible to give full answers to all your questions here, as I am not familiar with the case. Take care, Jason
Thank you jason for your advice
Hi Jason,
How long do we have to wait from Master Calendar hearing to Individual Hearing?
Thank you.
It depends on the judge – it could be a few months or a few years. Take care, Jason
Hello Mr Jason ,
Today we received a letter from USCIS informing us that they are currently processing our application and this notice is to inform us that USCIS is able to reuse our previously captured fingerprints and other biometrics as they will run the same security checks and is is not necessary to schedule a biometrics apppointment . I would like to know if this notice means our interview will be soon .
Thank your for your time and endless efforts
Hi FS, if I may ask, when did you send in your application? My wife sent in her application to the Arlington office since 11/22/17 and we are yet to get the notice.
Actually our application was sent 6/20/2014
Hey fs i got the same letter then after 10 days I got my interview letter you should be ready good luck and happy new year
Thank you very much for telling about this
Maybe – we see this once in a while, and I think it often comes a month or two before an interview, but not always (I really do not know how their internal system works). The Asylum Office Scheduling Bulletin (a link is at right) is still the best predictor of when the interview will be. Take care, Jason
Hi Jason,
Do you see any risk in applying for citizenship in the current atmosphere? I’m a PR based on asylum and would be eligible in the next 3 months. My record is clean with no arrests or anything, paid all taxes and I’m not from any banned country. I was able to travel quite a few times and come back with no issues or questions. All of the travel has been short and I have never been to my country of origin. It seems like a straight forward case but I would like any advice or other people’s recent experience considering the hysteria.
Aside from delay, which is affecting everyone, we have not seen any particular problems. I did write about this issue on November 13, 2017 and maybe that is worth a look. In short, though, I think you should probably go for it. Happy New Year, Jason
Thank you very much Jason. We all appreciate the work you’re doing here. Wish you, your loved ones and everyone in the community here a happy and prosperous new year. I know things can be challenging and this process is frustrating and I hope everyone gets there soon.
Thank you – Happy New Year to you too, Jason
Hi Jason,
Is there a backlog for citizenship applications, too? It’s still a long way away for me, but I would like to begin managing (lowering) my expectations now.
Thanks,
Sara
Dear Sara,
Citizenship applications are adjudicated in local USCIS offices so the Backlog depends on the office. Someone I know got his citizenship in 10 weeks (in 2016) from the date of applying since he lives in North Dakota where I suppose there aren’t a lot of people applying. If you apply from a big city you might encounter a backlog. Again I’m not sure if there are any new processes that have been put by the current administration which may cause delays/denials. That’s why I asked Jason.
Thanks a lot for the info, Oleg!
Yes – The wait time for citizenship application has probably doubled in the last year or so. Also, there are more delays filing for the green card. Things to look forward to one day. Take care, Jason
Hooray for me! I was hoping we weren’t done waiting on stuff. Whew.
Thanks, Jason.
They have taught you to be an expert waiter, why waste your new skill?
Hey Jason,
My adjustment of status application was received by USCIS on 3/10/2017 same as my ten years old son’s application, today I received my child’s green card but mine still under processing, is that normal? I started to get worried!!
Thank you,
Lola
Hey Lola, in what state do you reside in? I wonder what the current processing tine is.
Hey Lola, in what state do you reside in? I wonder what the current processing time is.
Hello Thomas
Nebraska office.
Thank you
Hi,
Congrats and hopefully soon you get your, Nebraska office has my application and my wife and kids since April19,
My question to you please,
Are you following the cases online?
What was the history of the case (time table) what is it showing for you now?
Hi HA,
Thank you and I wish you get yours as well, I’m following the case online, nothing has changed since they received the application on 3/10, my son’s case was updated on Dec/21 to “New card is being produced”
The USCIS green card processing timeline is not accurate.
Thank you,
Lola
Thank you for the reply
It is pretty normal. Processing times are very unpredictable these days, even for members of the same family. If you are worried, you can call USCIS to ask (the phone number can be found at http://www.uscis.gov), but my guess is that you will be fine and hopefully you will get your GC soon. Happy New Year, Jason
Hi Jason,
So the update for I-485 is posted,
In Nebraska office, they were processing applications filed on May 2nd, as on October31, mine was filed on April 19th,
Do I have to contact them?
How long it takes from starting processing till the answer?
Is it matter of time or approve and deny?
What could be the denial reasons?
Thank you
My experience is that the processing times are not very useful – many applications require longer to process, especially these days. You can call (the phone number can be found at http://www.uscis.gov). There is no harm in that, but I doubt it will help much. In most cases, you just have to wait for USCIS, but most cases are still being approved, so hopefully you will be fine. Take care, Jason
I wanted to take a moment and share with you how much I value Jason’s work in this blog as well as your comments.
Merry Christmas and Happy Holidays- I hope year 2018 brings you great joy and prosperity. But yet, I did not celebrate Christmas because my decision has been pending for almost a year post-interview. I, at times, lose my senses by opening my mail-box and try to find out whether USCIS would send something. This is frustrating but it cannot stop me from sending you warmest wishes this Christmas season
Thanks dear.
Remember that every problem either has a solution or an expiration date.
Thank you Tina
Hi Jason !
Judge in my case is Poczter Aviva , what’s your opinion if you heard for this !?
Appreciate
I do not know that judge. You can look up the asylum grant rate statistics for most judges if you Google “TRAC immigration”. Take care, Jason
L.F, from all accounts she seems like an OK judge. During the period of 2007-2012, she adjudicated 386 cases and approved 72% of the 386 cases. During the period 2012-2017, she decided 1645 cases. She approved 1063 of the 1645 cases (64.6%) and denied 582 (35.4%). She has never given a conditional approval. She is based in New York.
I think you should be fine with her once you put forward a good case.
See link below for information:
http://trac.syr.edu/immigration/reports/judgereports/00359NYC/index.html
Hi Jamie ! Yeah I already check that.. I really appreciate that.
My mind is on that : how does she put this dates for Individual Hearing.. Is any chance for example with any doc or something like that to convince her not to put a waiting time long.. one friend of mine, he has the same judge, just told me today.. for him , she put a waiting time 1 year and Half… wich i think is not bad… i can wait… but if she’s gonna do more than two years i have to go back home because of my wife and my dad is really sick…
Appreciate your comments
God bless you all
Sometimes, if the lawyer explains to the judge that the case is ready to go, and that there is a family separation, you can get a faster date (sometimes, but not always). Also, once you have the date, you can always request a sooner date – I wrote about that on April 20, 2017. Happy New Year, Jason
Hi Jason , you blog is helping. I has a question, my brother in law was deported when come to us in airport. He contact us, my asylum case hearing is near, next month. Will it bad for my case? Brother in law was coming here to California in my house.
I doubt it would affect your case. However, the DHS attorney in the case (or the asylum officer, if the case is before the asylum office) will likely know about your brother-in-law’s visa application and anything he said at the airport, so be aware of that for purposes of your case. Take care, Jason
My father have a pending decision
And we’re in Lebanon afraid
Can we go to another country until we go to the US or it will be problem?
If Yes what should my father do?
If you are unmarried and were under 21 when your father filed for asylum, then if he is granted asylum, he can file a petition for you to join him in the US (form I-730, available at http://www.uscis.gov). It does not matter where you are, the petition can be processed in the local embassy where you are. Take care, Jason
Thanks so much
Merry Christmas
Good day Jason,
yesterday I received my driver license in NY and I noticed it’s stamped with a “not acceptable for official federal purposes”. I got my permit in June and it’s not stamped like that. could it be because the license is a more important document? or because my asylum case is still pending? can I still board planes within the US? any information would be greatly appreciated.
p.s: Happy Holidays!
untill Jason replies, I will say, but he knows better and will reply briefly,
It is just not to be used for loan purpose, for ID as reentry to US, used voting purpose and some more. The rest it means all because the pending case and a permit is raw shape and type of license…
Hi PALMA,
Let me see if I can help you with your question. By the way, I recently renewed my ID at the New York DMV; I am also an asylee (granted asylum).
First of all, there are three types of state IDs/driver’s licenses- the Standard ID, Real ID, and Enhanced ID. Essentially, the Standard ID is given to anyone who just wants an ID for identification purposes. It will also bear the notation “NOT FOR FEDERAL PURPOSES”. You may use the standard ID for most things: To open an account (this will probably depend on the bank), rent an apartment, enter a club, by alcohol, etc. It functions just like the current New York state ID and will still, to some extent, function like a normal state ID.
Effective January 2018, the Standard ID will be limited in certain regard, if your state is not Real ID compliant: You won’t be able to enter federal buildings, board domestic flights, etc. You will need either the Real ID or the Enhanced ID. Only citizens can get Enhanced IDs. The Enhanced ID bears an American flag in the top right-hand corner of the card; the Real ID has a black star imprinted on the top right-hand corner of the card. You can use the Real ID to do everything- including boarding domestic flights- that the Enhanced ID does, except going to Mexico, some Caribbean countries and Canada without a passport. In other words, you can use the Enhanced ID, in place of a passport, to visit the aforementioned countries. You can’t do this with the Real ID/Standard ID. Please bear in mind that New York state issued standard ID will be accepted in 2018 to board domestic flights as the state is supposedly compliant/under review. But, by the year 2020, we will all need the Real ID to board domestic flights.
In order to get the Real ID, you have to establish that you are: 1) lawfully present in the US (this can be established using your EAD, foreign passport with an acceptable visa, social security card, etc.), and 2) you are a resident of the state of New York (bank statements or bills can be used).
Please bear in mind that you have to specify what you want. In addition, the “temp resident” notation will come back on the ID as you are still an asylum applicant, and the document (EAD) that you present to the DM has an expiry date (usually two years). That doesn’t mean that the card is no longer good; it’s just showing when your status ends. The only time the notation is removed from the ID is when you are granted asylum.
Thank you for your comment, Jason
Thank you so much for this information! I don’t know if by any chance you would know if I could get the REAL ID as an asylum pending. The only proof I’m not sure if I would be able to use would be my passport. The one with the visa on it has long expired ( Visa as well) but I do have a current passport, I could bring both I guess.
Thanks in advance,
A couple of days ago, I went through the process online to figure out what documents I would need to bring with me to get a Real ID (NY, too), and one message that has me confused and kind of worried said:
“In order to use your valid U.S. Employment Authorization Card for proof of date of birth, you must also bring your Foreign Passport (with U.S. Visa, I-94, or I-551 stamp) and an I-797 Notice of Action.”
My passport expired, as well, so I’m not sure what I should do to satisfy this requirement.
It’s almost like they want to complicate things for us, or they just forget we exist when they come up with these rules. I’m leaning toward the latter.
I had somehow similar problem a few years ago. I have been granted asylum and I live in Tennessee a state that has been REAL ID compliant since 2012. When I went to renew my driver license a year ago I was told to prove my lawful presence I had to produce either my naturalization certificate/US passport or green card plus social security card. They were not accepting EAD/Refugee Travel Document as proof of legal presence in the country. I had to go and meet the Secretary of state and explained to him my situation. He told me that he will consult with the state attorney’s office and department of homeland security. They took my application and issued me a temporary license on paper and after two weeks I got my renewed license in mail which is good for 8 years. Now in Tennessee EAD (category A05) and/or Refugee Travel Document are acceptable to establish an applicant’s legal presence in the country for the purpose of obtaining REAL ID compliant DL. Probably if you face similar difficulty you may need to do some explaining.
Impressive – thank you for letting us know. Take care, Jason
Thanks a lot for this, Azaz. Very helpful.
Sara and PALMA,
When I went to the NY DMV to apply for the Real ID, the supervisor denied my application for Real ID at first and offered me the standard ID instead-even though I am an asylee! The reason for the denial, according to the supervisor, was my status. I asked to speak to the manager as the supervisor’s decision was inconsistent with the DMV website and all the available public information. Luckily, the Regional Director was there at the time; and he took me aside and explained to me that I was the first person with asylum status, and so cases like mine are new to his staff. He and the manager took my application and my contact information and told me that they would call me back after they’ve met with the higher figures in Albany. In fact, they did mention to me that asylum, refugee and applicants are lawful status and should therefore be eligible for the Real ID.
The system was just not updated at the time of my application; therefore, that prevented them, at the time, from completing the application.
In about 4 days I was called to come back to the DMV to complete the application for the Real ID. You have to have some kind of ID (I had the regular NY state ID), proof of lawful status (PR card, I-94 with asylum/refugee status), EAD and Social Security card, passport, etc.), and proof of address (I used bank statement. You can use any kind of bills). If it’s the first time you are applying for a NY state ID, or you changed your address after you last NY state ID, you will need two forms of proof of address, before you can get the Real ID.
Please note that many DMV workers are not familiar with asylum status (granted/pending); they will likely deny your application for Real ID because their system is not updated with the necessary information for such statuses, or they are simply not familiar with such statuses. Perhaps you can give them the information and ask them if they can look further into it/consult their superiors and give you a call back after they have garnered the correct information.
For asylum applicants/asylees/refugees living in the state of New York, you don’t really need a Real ID until 2020, as New York is a Real ID compliant state. You can use the standard ID- the one that has the notation that says “NOT FOR FEDERAL PURPOSES” in the top right-hand corner of the ID- to board domestic flights up until 2020. Everyone is going to need it at this time. To be honest, you really don’t need the Real ID at the moment. Plus, it’s not worth the trouble/inconvenience. You can also use your EAD as well. Remember, a federally issued ID trumps a state ID. (EADs are federal IDs).
Also, please bear in mind that if your use your EAD to get the real ID, the “temp visitor” notation will come on the ID and has an expiration date of 2 years.
Very useful, and glad you were able to pioneer the issue for all NY asylees! Happy New Year, Jason
If you win asylum, you will get a new I-94. My guess is that they did forget about pending asylum applicants (and until you have the final approval, your case is pending), but I bet they will accept the expired passport and proof of asylum pending. If not, this is an area where local (NY) immigration advocacy groups might get involved to protect asylum seekers. Take care, Jason
Thank you for your reply, Jason.
I don’t really know about NY driver’s licenses – maybe someone else can comment. I do expect that this info would be available on the NY DMV website. Maybe you can check there. Take care, Jason
I went to DMV personally and the representative told me not to worry until 2020 because that’s when they’ll actually check REAL ID’s at airports. Until then, you can probably show up with your EAD and ssn and try to get that stamp removed.
But they told me that this legislation is not in effect until 2020. I have the same DL.
Ceila, this is not true for all states. The reason you were told that is because your state is Real ID compliant. States that are not compliant will need more to board domestic flights. Furthermore, the Department of Homeland Security has said that EADs can be used in place of the Real/enhanced ID as the document is a federally issued document.
I forgot to mention I was talking about New York state and NYC only
And with the EAD I believe you can get a real id in NYS. I haven’t tried yet because it’s another application fee…
Thank you for all the info, ladies 🙂
Hope you’re both having happy holidays!
I’m gonna make an appointment to see if I can get that stamp removed. I’ll update everyone when / if that happens. Thanks, everyone!
Thank you – I am not very aware of the REAL ID requirements for driver’s licenses, so this is helpful. Take care, Jason
Hey Jason and everyone. Do you think the decision delay is a sign of denial or not approval? As many cases they delayed the decision after interviews for more than six weeks, the results or not approval, that is something els.
Thanks
As far as I read from the questions/responses in this web site (I literally read all), this delay doesn’t imply anything. One may receive acceptance or denial in 2 weeks, in 2 months or even in 2 years or more.
In case you make inquiries through AO, you will get standard responses. If you ask Ombudsman’s help, they can try to help but can’t (they don’t have an influence for expediting things). Your last option is Mandamus but I don’t think it is always good. Pushing too hard may backfire.
Patience is your best friend and the only solution. Wait, wait and wait… And maybe in the future, you will be a free person. In case everything goes well, your citizenship will be in 20 years which means you will spend the 1/4 of your life in wait. So don’t worry and live your life as it is and try to get used to these long waits.
Thanks for answer and being positive.
I have not noticed a correlation between delayed cases and the outcome of the cases. Take care, Jason
Thanks Jason and hope my prediction is not true for all of us.
Hi Jason,
We received a letter Notice to Appear, in short our asylum was denied. But the date and time of hearing says TBD. So right now we dont have schedule to go to court yet, so 1.what’s the next step? 2. How long do you think we will get our schedule? 3.Our court is in Honolulu, do you know the backlog of asylum cases there? Thank you and God bless. Advance Happy New Year!
I do not know the schedule in Hawaii, but the court there is generally pretty fast and pretty good, so hopefully, you will get the first court date soon. You can call 800-898-7180 and enter your Alien number. The system will give you your court date and the name of your judge (if a judge is assigned). Take care, Jason
Hi Jason !
Happy Holidays…
Today I received a letter for Master Hiring Jun 21 9:00 am.
Is it a good idea to ask for an earlier Hiring or No!?
And how can i know who’s gonna be my Judge or that’s to early to know ?
I really really appreciate your help
Hearing *
You can call 800-898-7180 and enter your Alien number. The system will give you your court date and the name of your judge (if a judge is assigned). Concerning an earlier hearing, I wrote a post about that on April 20, 2017 – maybe that would help. Take care, Jason
Hi ,
Just wanted to know if asylum office refer to anyone to court they still get work permit extension until they case is not done ?
If a case is referred to court, you can renew your work permit as before. Take care, Jason
Hello Jason.
I file our I-765 without a passport photograph and government issue ID , but i can see they send my friend application back to him to add all those stuffs, I will like to know if i can send another form with all those document and photograph. Thanks and hope to hear from you sir.
Once you have the receipt and the receipt number, you can send those things. Before then, there is no easy way to match what you send to your existing application. Probably USCIS will send you a request for evidence, and you can send the items then as well (which may be easier as you will know exactly what they need to complete the application). Take care, Jason
Thanks so much Jason really appreaciate your effort all the time.
Hi Jason,
In 2014 I applied for asylum I got the EAD,and applied for DMV for DL. They issued Driver licenses with expiry date 01/01/2019.In 2016 after my EAD expired I worked with Uber and Lyft as self employed in weekends . Is that unauthorized work and how will affect my interview?. I didn’t renew EAD because i didn’t have the time to be employed as house keeper with one child and my husband works full time “my derivative”. Would you please provide any suggestion for relief.
I thought EAD is just for employment not for working few hours in weekend on your own risk (car).
Thank you
Any type of work is employment, whether it’s full time or part time. You better hire a lawyer ASAP because this will definitely bar you from adjusting your status (getting a greencard). And I’m not even sure if there is a waiver for this round of inadmissibility.
It could affect the adjustment of status later on, as USCIS is being more strict, but I think this will not be an issue if she has asylum – there is a waiver available for such minor issues, and it is very unlikely to block her. Take care, Jason
You need the EAD to work legally. However, there is generally no effect on an asylum case where a person worked without the EAD. I recommend you renew it. If you cannot afford the fee, you can request a fee waiver using form I-912, available at http://www.uscis.gov. Take care, Jason
Hmm apperantly Governor Brown is also revolting. Well, in some way… Interesting times right? That is why I love America. With all of her problems she also has these things that give me a little bit of hope too. Unlike my country where they just legalized lynch mobs against people like us where central government has all the say in things regarding everything, here other people in the government and judiciary actually think about the people and take some initiative. Law has to be fair, not a straight razor which makes you a criminal. Most of us criminals… Happy holidays to everyone!
Merry Christmas and Happy New Yeard Jason and every follower of this blog. May the blessing of God flood over us.
Amen
Merry Christmas Jason !
Hi Jason,
Thank you for all that you are doing for us.
In his notice of hearing in removal proceedings, the immigration court says that “…you can request an earlier hearing in writing.”
1 Question: What is your advise in asking for an earlier hearing though to immigration court.
2 Question: Please, Can you refer me a lawyer of immigration in Kalamazoo, MI?
Thank you.
1 – I did a blog post about this on April 20, 2017. 2 – Sorry, I do not know a lawyer there. Try http://www.aila.org. That should have a referral list of lawyers. Take care, Jason
On Christmas,
We will receive God’s most
important gift for us,
Jesus Christ, our Savior, our Life.
May the blessing and goodwill
of Lord soothe your heart
heal your pain and
fill your life with peace always!
Merry Christmas, Jason
Amen!!Merry Christmas Liz!
Thank you Dear Jason & Eth.
Merry Christmas
God bless
Happy Holidays to Jason and all the viewers of this site!
May your New Year will be prosperous and productive, full of blessings!
Enjoy!
Thank you – Happy Holidays to you too, Jason
Happy holidays to all of you, especially Jason and his team. I wish you the best and hope the new year will be the happiest of your time, in which we all are getting positive responses and may Allah fulfil your all nice wishes. Ameen
Suma Ameen
Thank you – Merry Christmas, Happy holidays, happy new year, &tc, Jason
Hi Jason,
Thanks for your help and support as always. Please I would like to find out about a document I just received. I did a change of address as directed about a month ago as I had moved and then i also applied for EAD as i have passed 150days by about 2-3weeks. I just received a document now that confirms receipt.
The 2nd bullet point on the document says “Your application has been received and is queued for scheduling”.
The 4th bullet point says “According to our service records, this case is currently under review. The processing time may take up to 45 days”.
Now the 5th point says “USCIS records do not show that you have an asylum application pending with the USCIS asylum division”.
The 6th point is titled ‘Address’ and says “we have updated your address in our electronic system”.
I am confused at these responses, is this a standard format? Please what can this 5th point mean or be referring to? And if I do not have a pending application then what do the 2nd and 4th points refer to?
Please can you help me clarify, I am quite worried now.
Thanks so much,
LD
It is a standard form, they made it easy for themselves. The points which are marked as bulleted, crossed or ticked are related to you. That might be 1, 2, 3,….
Just look once again and get your answer. Don’t worry about it.
Oh thank you so much. I really appreciate. The only point that is ticked is the one that says address has been updated. Thanks once again.
I really am not sure what this document is – there are many documents USCIS sends that include a lot of standard language. Maybe that is your situation. If you are concerned, you should show the letter to a lawyer who can hopefully help you understand what it means. Take care, Jason
Hi
No bulletin for this month so far, what do you think?
They recently updated it to include November. Take care, Jason
It is still showing September 2017, would you include a link?
I am talking about Nebraska office.
I was talking about the asylum case interviews. What type of application are you referring to?
i-485
last update for was on Sept 30,
they used to do every month, not sure what is going on.
https://egov.uscis.gov/cris/processingTimesDisplay.do;jsessionid=abc2koB6s_gS8cwww5lcw
Finally it came out,
It shows that in Nebraska office, they are processing on Oct 31st 2017 the I-485 was filed on May 2nd,
I filled mine on April 19, do I have to check with them?
Or shall I wait?
It sounds like they passed your date, so I would check with them. You can call them. The phone number can be found at http://www.uscis.gov. By the way, I have not found the processing times on the USCIS web page to be very reliable – many cases are slower than the posted time. Take care, Jason
Thanks
Hi Jason,
I enjoy reading through your blog posts. It’s been so helpful. Please I need your advise. My friend has already filed her asylum application (FGM) using form 1-589. She however has additional documents like medical report from a county clinic here in the US confirming that she’s been a victim of female genital mutilation and affidavits sworn to by her sisters in law confirming that they were circumcised and her USC daughter is also facing the risk of being circumcised. My question is, can she file additional documents after the initial application? Will the medical report and affidavits help? Your response will be appreciated. Regards
These documents sound helpful and she can file them. All documents must be filed in accordance with the rules of the asylum office and the rules on the instructions to the I-589 (available at http://www.uscis.gov). In my office, documents must be filed at least a week before the interview, but other offices have different rules, so check with your local office. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks Jason. My friend has filed her application since 11/22/17 and she is yet to get a receipt notice from USCIS. What she should do?
If she just filed her application a month ago, then she simply just have to wait for the correspondence from USCIS. I suspect that she will be waiting for a while for her interview. She shouldn’t despair though, as some asylum offices are moving relatively quickly.
Maybe things are slow due to the holidays, but after the new year, she can email her local asylum office and ask whether they received her case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
and one more question, please help
I heard that before an interview we have to provide information about work place for the last 5 years, is this true? If so I had 1 year in the USA when I hadn’t worked at all, is this a problem?
Thank you
*additional info*
I filled out I-589 (include addresses and work for past 5 years), but it was 4 years ago, will they ask me to update it?
At the interview, you will need to update your I-589 form, including employment info and all other info. If you have had a lot of changes since you filed, maybe you should write that down and give it to the officer at the interview – that may be easier than trying to remember it all at the interview. Take care, Jason
Hello Jason,
My case has been in Miami office for four years already, now I’m moving to California, I’m going to fill out A-11 form, but what else? What should I do to make sure my case transferred?
Please, advise
Hi,
Good luck,
Are you moving to North or South California?
Are you a Russian speaker?
Thanks
Filing the AR-11 should be enough. But you can also contact the local (old) office and inform them that you moved and ask whether they transferred your case. Then you can contact the new office and ask whether they have your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason , how long do I have to wait before filling a Lawsuits Against Chicago asylum office ? Do you think that may affect the decision negatively?
Asylum Application Date : Feb 2014
Interview Date: Feb 2017
Decision : Pending
Hey Sara H.,
I think it may be too soon for you to go the Mandamus route. Just my opinion.
According to Jason’s previous replies on here, if you file the lawsuit and they’re not ready with a decision, they may refer you to court. This is not done in retaliation, but because they won’t have sufficient time to make a decision on your case.
As always, Jason will be the one to give you the most reliable response here.
Good luck.
One more thing: Re. How long you should wait to file the lawsuit, I think this can be done when you’ve exhausted every other method like inquiring with the office directly and, if you don’t succeed with that, contacting the Ombudsman…etc.
Hi Sara,
I was interviewed before you and my case is still pending. It is more than persecution but they have all the power and manage our lives. They have decided to drive us crazy but I would advise you to be a little bit patient because we are both at the same office and we do need to ruin our future. I understand that you are impatient and I get that. You cannot imagine how often I check my mail box…….It is disgusting but we just beg for protection though asylum is an international protection that the USA rectified. It is painful
The USA ratified it
Before you file a mandamus lawsuit, you should contact the asylum office and inquire about the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, contact the USCIS Ombudsman office (a link is also at right). If none of that works, you can file a suit. You do not need to wait. The lawsuit will probably get you a decision, but it does not guarantee a good decision. If, for example, they have been unable to complete background checks, they may deny asylum. In general, though, I do not think a lawsuit will affect whether you win or lose. Take care, Jason
Hi Jason!
I know I said earlier that we are strong and there is no decision received on our case yet as well as we don’t have a court date yet, but here is the question:
As the holidays are coming, so did my homesickness and longing for family. IF I ever decide to give up on everything here as a dependent on the asylum application and move somewhere in Europe where I have easier access to see my family, what happens here? Will I be barred from entry forever or just about 5-10 years? Will I be able to travel back sometime in the future? Being on an application as family member and abandon the case? The main applicant does not want to leave…
I don’t want to leave either but I have opportunities and family in Europe and moving freely is a big concern for me. Being part of the European union I have places to go which I didn’t know about when I came here as I was young…
These are “what if”-s but I just want to know the possibilities if you can advise me.
Thank you as always and happy holidays!
Hi Celia,
Hope you’ve been well!
Just sharing a thought until Jason gets back to you.
I’m wondering if your relocation within the EU would affect your husband’s case. You’re always asked during the asylum interview if you can relocate somewhere within your country of feared persecution, where you would be safe from harm. In your case, I’m not sure if your ability to relocate within the EU safely would negatively impact your case. Maybe since you still can’t return to your home country, you still have a valid asylum claim here? I suppose that’s one reason why they refer these cases to court because they may be subject to different rules.
Has your lawyer advised you on this since she knows the specifics of your case?
I agree that it is worth asking the lawyer about whether returning would affect the principal’s case. Thank you, Jason
Since your case is in court, if you leave, you will have deported yourself, which comes with (I think) a 5 year bar to returning. There may be other bars as well, if you spent time here out of status before you filed for asylum. If the main applicant wins asylum and you are the spouse, the main applicant can file a form I-730 for you. I am not sure how the I-730 interacts with the 5-year bar, but it may overcome that bar. If not, you could apply for a waiver of the bar and try to come back earlier. These are “what ifs” and I have not researched these questions lately, so if you reach that decision, it is best to talk to an attorney about the specifics of the case so you will have a better idea about the consequences of leaving. Of course, I hope you will stick it out, at least until you get the first court date. Once you go to court the first time, you will know the final court date, and maybe the wait will not be as long as you fear. Good luck and happy holidays to you too, Jason
Thank you for all the answers. It’s very hard to hang on during he Hokidays and I’m pretty sure I’ll overcome these fears and feelings and IF I reach that point anyway, I’ll discuss with my attorney.
Thank you for the reassurance once again.
Hi Jason,
Given that my state is one of the ones that will require passports for domestic flights starting from 2018, would it be a problem for me to use my country’s passport as an ID to fly (because I’m asylum seeker and of course, I don’t have a US passport)? Thanks for your answer!
Maybe – you will have to look at what the rules require once they are issued. Maybe there will be an exception for asylum seekers (though I doubt it). If you have a passport already, that should be fine. The problem for some asylum seekers comes when they renew the passport from the country where they fear government persecution – this potentially could affect the asylum case (usually it does not), and so you might want to talk to a lawyer about your case before you renew your passport. Take care, Jason
Hi Jason and Therese,
You don’t have to use your passport to travel if the state that you live in is a state that is required to have a passport. Any federally issued document can be used to board domestic flight. Yes, you thought that right! An EAD can be used to board domestic flights. You can also use your EAD with the state issued ID. The federal ID trumps the state, unless it’s enhanced ID.
The problem is the state that i live in requires passports to be used as IDs so i doubt EADs would work.
Thank you – I think we will need to see how these rules are implemented and then we will know which IDs are accepted in which states, but my guess is that a federal ID, such as an EAD, will always work. Take care, Jason
I renewed my passport before applying for asylum and now it’s still valid. So, does it mean i can use it to fly domestically?
Using your country’s passport to travel domestically, or as an ID, shouldn’t harm your case. I know people who used their passports domestically and didn’t encounter any problems with their asylum process. However, to be absolutely sure, it’s better not to use it at all- especially given the current political atmosphere. If you’re using just for identification purposes- for example, to get a credit card or to get a job- then you should be OK. In addition, this is a decision that you will have to make by weighing the possible pros and cons.
I am not sure what you meant by saying that the state requires that you use your passport for ID. Are you saying that the state doesn’t accept its own state ID as ID, or is it because you are an asylum applicant? Or, did you mean that if you are boarding a domestic flight from your state you will need a passport (perhaps because your state isn’t compliant with the Real ID act)? If you are referring to boarding flights domestically, then according to the Department of Homeland Security, federally issued IDs, such as EADs, PR cards, etc., CAN be used to board domestic flights.
Jamie, have I told you that you’re awesome lately? Just in case: You’re AWESOME.
Hi Jamie,
Thanks for the info! I meant the state will require passports to fly domestically instead of driver’s license.
Hi !
I travel a lot here and belive me or not maybe once or twice they asked me for passport. I travel without passport all the time. Maybe I’m just lucky on this side but unlucky in interview decision 😢. Waiting for paper to tell me when im going to have the judge introduce.
You should be able to – I think you should check with the airline. You should be able to travel with an EAD or a state ID too, but maybe a new rule has already gone into effect in your state. I kind of doubt it, though. Many US citizens travel domestically without a passport. If such people pass through your state, they will all get stranded there. I would double check that you really need a passport to travel. Take care, Jason
Hey All,
If you state isn’t Real ID compliant by January 2018, you should be fine if you are an asylum applicant with an EAD. The link below is taken from DHS’s website and expressly stated that if your state isn’t compliant by then, you can use your state ID with another acceptable form of ID:
https://www.tsa.gov/travel/security-screening/identification
And, yes, EAD did make the list of acceptable forms of alternative IDs.
I know that the airlines might not be aware, but you can call them in advance/refer the to the DHS’s website.
Sara, you are too kind lol. Thank you 🙂
I do not understand why people keep asking some questions without research by yourself.
Just type “ Real ID Act” on Google you will know everything.
Hi Nyc,
I’m a skeptical person so I would prefer a “real Jason’s opinion” in addition to what I’ve read 🙂 Thanks for the comment, btw.
Nyc, I understand Therese’s anxiety, especially if she relies on traveling domestically. Furthermore, I understand Therese’s need for assurance from an “knowledgeable figure” (for want of a better term)- in this case Jason’s assurance/response. However, Therese must understand that Jason is not going to know everything or have the information readily available/ offhand- especially if the information needed is outside of Jason’s expertise.
Jamie,
I totally understand that. That’s why i said i wanted Jason’s opinion as a reference and he did give me his thought on the issue, as he always does. I also want to thank you for the provided info. It shows your concern to my question and I appreciate that. 🙂 Merry Christmas!
Hi Jason,
I hope that your are doing great.
After 5 years, USCIS has referred my request of I-589 to the Immigration Court because evidence indicates that I’m barred by statute from a grant of asylum for the following reason: “You are a member of an undesignated terrorist organization, pursuant to INA 212(a)(3)(B)(i)(VI).”
I get already a Notice of hearing in removal proceedings immigration court of Michigan scheduled Mai 5, 2018.
In meantime, the DHS via his Deportation Officer send me a CALL-IN LETTER in two weeks for an “Interview”, bring with this letter, passport (valid or not) and any other identity documents.
This is my concern: I know for sure that I do not have nothing to do with what USCIS accused! I will be able to proof this trough to the Jude (Immigration Court).
In this situation, what is your point of view and especially, what should I expect?
How can I get my case to the Judge sooner?
Thank you.
Thank for the informative article Jason. It took me a few reading trials to understand the political plot. It sounds like a chess game where each side study each move on this game 10 steps ahead trying to trick the other side. The final winner could be the side who can keep more pawns available on the battle ground. I believe, asylum seekers would be the biggest loser out of this game, unfortunately!
I think it is simpler than that – The Administration wants to change the rules, and Congress will not help, so the Immigration Judges will need to change. Some may react against the rule by granting more cases; most will probably just do their best to get by. Take care, Jason
The terrorism rules are very broad (I wrote about this on June 24, 2016). However, I think you need to plan ahead in case ICE detains you. Make sure you have a lawyer and that the lawyer has all your evidence ready. If you are detained, the case will move more quickly (it is the only good thing about being detained), but it will also be more difficult to prepare your case, so the more you do now, the better. Probably, it is more likely that you will not be detained at this meeting, but it is better to prepare for that in case it happens. Good luck, and let us know what happens. Thank you, Jason
Detain? Never knew that after receiving asylum denial letter for TRIG, this can be followed by a detain! If I am detained, would they give a time when I am in my detain place to review and prepare my defense? If I suspect that 90% my (pending) case will end to a denial because of TRIG, should I start from now to prepare the defense?
I read your June 2016 article again, it didn’t take the detain thing into the table. I appreciate if you can discuss TRIG subject a little bit deeper and the asylum seeker options!!
Could ICE detain the applicant family as well? what will happen to my US citizen son? Do they take him from me, and deport my myself or my family and keeping my son to give him to another US family to take care of him? If I prepared my defense from now for the expectation that they will deny me for TRIG, should I keep the defense info in my house, and tell my wife (she’s dependent on my asylum case as well) where are these documents? Or it would be better from now to prepare them and hand them to my lawyer?
They can detain anyone, but it is very unlikely they would detain a wife and small USC child who are already in the US. Also, if your wife is not reporting with you, then it seems she is not in any risk of being detained. I think you should talk to your lawyer about this possibility and make sure the lawyer and your wife both have access to all documents. Again, I am not trying to worry you and I think you most likely will not be detained, but it is best to be prepared. Take care, Jason
They can detain anyone, and I doubt that will happen here, but they have called you in for some reasons, and so it is a possibility. While I doubt it will happen, it is a good idea to be prepared in case it does. If that happens, you will still be able to present your case in court, but it is more difficult from detention, since it is harder to get evidence and interact with the lawyer or witnesses. For this reason, I advice you to prepare as much as possible in advance, in case this happens. It is better to be prepared in the event that something happens, than to be caught unawares. Take care, Jason
Thank you so much Jason..
Just an ironic fact. One of the main reasons that I fled my country that I was afraid they could detain me.. I know the dealing inside detention may differ a little bit. But, the principle still does’t make sense to me..
I will prepare everything in advance as you recommended. Many thanks again
I think you will be fine, but let us know what happens. Take care, Jason
Ewitt, If you are from Michigan Ice doing this with everyone who there case referred to the court, They will confiscate your passport and maybe any other documents you have (EAD,driver license) so make sure to make copies of everything, and they will place under ISAP program which is alternative to detention,it depends on the officer who you will meet with, hope you will have a nice one
Good luck and keep up updated
Thank you – Also, making a copy of your passport and keeping it at home is very good advice. Take care, Jason
dear jason
thanks alot for your great work. i have a quick qution.i filed i 730 to my wife and two kids and now they got viza but my big son has some medical problem so i m planning to take him after some times is this possible or not. thank a lot
It should be possible. You have to file the I-730 within 2 years of winning asylum. If you are concerned, talk to a lawyer, as you do not want to miss the opportunity to bring him here. Take care, Jason
Dear Jason,
I applied for Asylum with all the supporting documents.
Now i need to send some more documents and evidences regarding my case. My question is, if any document found duplicate mean i already sent with my application could be a problem? because i am not sure if the document already sent with the application or not?
Thank you for your help.
Maani
By the way don’t you have a copy of your application+supporting documents you already submitted?
Hello Aryan
Sure I have all the copies with me. Its just for information if there is a chance to be duplicated.
Maani
Maani,
Please try to find a lawyer. I do not think it would be a good idea to go through all this without a lawyer. Money is nothing compared to persecutions
Hello Broken,
Thank you for your advice. I attached a report from commission of Justice 2015 when I applied now they published their report for 2017 which I wanna send to asylum office along with two document which I attached in my language and now wish to submit in English translation. If you think for the above submission I need a lawyer I will think about it?
Maani,
With my little experience as a professional translator , I decided to work with an immigration lawyer. Please if you cannot hire Jason, please hire a lawyer because I understood where this comes from
That should not be a problem. But you should keep a copy of everything you file for your own records. Take care, Jason
By the way Jason, what is a TRIG?
I reviewed your previous posts and got the answer
National Security/Terrorism-Related Inadmissibility Grounds (“TRIG
Terrorism Related Inadmissibility Grounds. Basically, overly-broad rules that block many people – including victims of terrorism – from coming to the US. I wrote about this on June 24, 2016). Take care, Jason
Hi guys..how can I check my status online? Can someone help me out?
Unfortunately you can’t check asylum status online.
Thanks Ha
You can only check the status of an asylum case by contacting the asylum office directly. You can find their contact info if you follow the link at right called Asylum Office Locator. If you are waiting for an interview, you can check the Asylum Office Scheduling Bulletin – a link is at right. Take care, Jason
Thanks Jason. I sat my interview already,just waiting for results.
As I have said before, the backlog is largely aboard ADR — “Aimless Docket Reshuffling” unilaterally instituted by DOJ/EOIR to place the Immigration Courts in line with or at the forefront of DHS’s constantly changing Enforcement objectives. No independent court would allow it.
Most of the cases on the docket involve law-abiding, long term residents. They should be legalized by DHS under new legislation, or just allowed to remain until a smarter Congress and President are elected in the future and solve the problem along the lines the majority of Americans favor.
Once the Docket is reduced to criminals, security risks, and recent border arrivals, give control of the Docket to individual Immigration Judges, rather than DOJ Politicos and scared EOIR administrators trying to save their jobs. Have the BIA publicly “out” — removing from cases when necessary — those IJs who don’t apply the generous standards of Cardozo and Mogharrabi to asylum grants. With some extra resources, you would eventually have a functioning, independent Immigration Court system that could do all cases on a reasonable cycle.
But, never going to happen with White Nationalist xenophobes like Trump & Sessions in charge.
Elections have consequences. Here, they are devastating for our Constitution, Due Process, and American justice. Regime change at the ballot box takes time. Until that occurs, the New Due Process Army will have to fight Gonzo and his forces of darkness every inch of the way, in and out of every Court in America. Our future as a nation of immigrants it at stake.
Best wishes and thanks for all you do.
PWS
12-20
Thank you for the comment and I hope you are well. I wish you were in charge of all this. Take care, Jason
Great comment by Honorable mr. Schmidt.
I wish your were still there.God Bless you
Jason,
I hope you are doing well. I filled I730 for my family a few days ago. Also I’m from one the band countries, I’m wondering to know if it affects the process time for us.
Usually how long does it take?
Many thanks,
We have seen very unpredictable processing times for I-730s. Sometimes, they are a month or two; other people may wait 6+ months. The fact that you are from a banned country should not matter, at least as things are now. I wrote about that on October 5, 2017 (the most relevant part of the post for you is the very last paragraph). Take care, Jason
Dear jason thanks for posting important info about would be
The probable move by trump administration,do you thlnk
Its time to worry about cases referred to courts?
I think they are trying to push cases through as fast as possible, and that they are less concerned about due process of law. Basically, they want to deport more people. However, it might backfire if judges end up erring on the side of caution and granting more cases. Probably that view is a bit too optimistic for these times, but we will see. Take care, Jason
Hi Jason,
I thought about this while I was reading the post. If the IJs’ concerns won’t be addressed by Congress as you predicted, then it would be very satisfying to see those IJs deal with the issue by granting more cases.
I can’t picture a scenario where a job like this is evaluated based on how many cases an IJ churns out in a given period. It’s almost like evaluating doctors based on how fast they discharge patients from the hospital.
I know little to nothing about the specific reasons why cases take as long as they do in court, but you have often described the IJs as generally being people of integrity who strive to be fair. This coupled with the nature of their profession makes this quantity over quality based system of evaluation sound almost insulting.
Thanks for keeping us informed as always.
Best,
Sara
Hi sara,how can I check my status online? Had my interview on the 16 of November,I haven’t gotten any response yet.
Hi,
Jason has already replied to your question on his previous blog post.
There’s no need to post a question on here more than once as Jason usually replies to everyone — even on older blog posts.
Good luck with your case, and I hope you hear back from your asylum office soon.
I am seriously going to hire you…
I can be Chief Executive Minion if that’s not already taken.
Hi, sara I have not been following the chats for a while now. So I actually don’t know what was Jason’s response to this question. Had I known,I will not be asking the same question.
So, as Jason said, you can’t check your case status online because your receipt number will just give you a message saying it’s invalid when you enter it in the “my case status” tool on the USCIS website.
When your case does get approved, however, that status supposedly changes from invalid to saying that they have received your case and waived the filing fee for your I-765 application. That may or may not happen before you receive the actual approval letter, and I cannot confirm the accuracy of this information.
For eager candidates like us, we figure it can’t hurt to check our status anyway. It’s my newest obsession and source of constant disappointment these days.
The Administration is looking for ways to deport more people more quickly. I also hope that IJs will react by granting more cases more quickly, but I am not so confident we will see that. Take care, Jason
Dear Jason. Hope you doing good.
Good afternoon,
“According to our service records, this case is currently under review by an asylum officer. The decision will be completed and mailed to you as soon as circumstances permit.”
The above version is a reply from uscis to short list interview request. Is it a standard language they use to reply every individual? What’s your valuable comments about it??
Regards
That seems like a standard reply for someone who has already been interviewed. Maybe it is an error. If you are just trying to get on the short list, there is really nothing for them to review – they simply put you on the list. Contact them again to clarify. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hey Jason, do you think it’s feasible that moving out of the state where my interview was taken while waiting for the decision?? Specifically from Calif to the NYC? I’ve heard some are asked to take the second even third runs interview, does this new trend make the moving sound inconvenient??
Happy Hanukkah!
Generally, if you have been interviewed, that asylum office will keep the case even if you move, but I have seen (once) where the person moved, and got a second interview at the new asylum office. That is pretty rare, though, and I think if you need to move, it should not be a problem, as long as you update your address with the asylum office. Take care, Jason
Perfect answer Jason I do appreciate it!!
Dear Jason,
I filed my cases in August 2014 and Houston office is processing cases for the month of November 2014.
I live under the jurisprudence of Houston. What do you think my options are? What should I do to get an update on my case?
You should contact the Houston asylum office and tell them that your date has passed. Hopefully, they can schedule you for an interview soon. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks Jason… God bless you and your family. Amen
You are out of the world Jason and thank you for sharing this. Though, my lawyer contacted my asylum office to inquire on the status of my case but here is below their response. Do you think that it is just a standard response or there is something wrong with my case?
U.S. Citizenship and Immigration Services (USCIS) records confirm that your client’s cases stated below are still pending at this time. USCIS is committed to adjudicating immigration benefits in a timely and efficient manner while also ensuring public safety, national security and compliance with all relevant directives. While the processing steps for most applications or petitions are completed quickly, a small percentage of cases involve unresolved issues that may result in adjudication delays. For example, if our review reveals an issue that may impact an individual’s eligibility for the requested immigration benefit, further inquiry is needed. The inquiry may include an additional interview and/or contact with another agency for updates or more comprehensive information. We are unable to determine at this time when the review process for the application will be completed. USCIS is unable to render a decision on your client’s case until certain issues are resolved. We are striving to resolve these issues as soon as possible. We understand that your client’s may be frustrated by the progress of their case. However, USCIS must balance individual inconvenience against broader issues of public safety and national security.
I already responded to this – it looks like standard language and I think it says nothing about your specific case. Take care, Jason
I saw the last sentence many times according to different applicants’ replies from uscis.