It’s getting more and more difficult to win an asylum case at the Asylum Office. So if your case is not approved, what happens?
For affirmative asylum cases, there are two possible negative outcomes at the Asylum Office level: Denial and Referral.
Denials occur only if you are “in status,” meaning you have some other type of non-immigrant status aside from the pending asylum case. Under the old system (that existed from December 2014 to January 2018), where cases were interviewed in the order received, very few applicants were “in status” by the time of their asylum decision. This is because the cases took years, and very few non-immigrant visas allow an alien to remain lawfully in the U.S. for that long (some exceptions might be the F, J, and H1b visas).
Now, under the new system of last-in, first-out (which is pretty much the same as the pre-December 2014 system), we can expect many newly-filed cases to receive decisions much more quickly, so more applicants will be “in status” when they receive a decision.
If the decision is “yes,” then you receive asylum with all the accompanying benefits. But if the decision is “no” and you are still “in status,” the Asylum Office will give you a letter, called a Notice of Intent to Deny or NOID. The NOID provides a fairly detailed explanation of why your case is being denied, and it gives you 16 days to file a response. In the response, you can include new evidence and explain why the Asylum Office should grant your case.
In the last few years, we have rarely seen NOIDs. However, before December 2014, we would see them now and again. Most often, we saw them when a new client came into the office seeking help with a response. The problem for a busy attorney is that the NOIDs give so little time to respond (16 days) and usually a few days had already passed before the person came for help.
My experience with NOIDs is that the Asylum Office pays attention to the responses. I’d guess that we were successful in getting asylum for about 50% of the people who came to us with such letters. The lesson here is that if you get a NOID, you should do your best to respond. In some cases, it may be impossible to get the Asylum Office to reverse its decision. But as they say, you’ve got to play to win, so if you get a NOID, make sure to respond–you may turn an “intent to deny” into a grant.
If you respond to the NOID and the Asylum Office still decides to deny your application (and assuming your status did not expire in the interim), you will receive a final denial. This means that your case is now over, and you can remain in the United States until your period of lawful stay ends. At that point, you are supposed to leave or seek some other status.
The problem for many asylum seekers, however, is that they do not want to return home (they are asylum seekers, after all). Even though the Asylum Office has denied their case, they want an opportunity to present the case to an Immigration Judge. This makes sense, as many cases denied at the Asylum Office are granted in court. As I’ll discuss in Part 2 (spoiler alert!), asylum cases denied by the Asylum Office are referred to Immigration Court if the applicant is out of status. But if you are denied and you are “in status,” what can you do?
If you received a final denial in your asylum case and you want to go to court, you have to re-apply for asylum at the Asylum Office. The procedure for a second application is different than for a first (check the I-589 instructions). Essentially, you submit a new application directly to the local asylum office, rather than file with a USCIS Service Center (initial asylum applications are sent to the Service Centers).
In theory, for a second application, the Asylum Office will only consider events that occurred after the first application. In other words, they typically will not revisit the first asylum application. Instead, you need to present something new if you want them to grant your case. It’s pretty rare that some new evidence arises between a first and second asylum application, and so the second application is likely to be denied. If the second application is denied, and you are now out of status, your case will be referred to an Immigration Judge, who will look at both your asylum cases.
Given this cumbersome system of having to file a second case, some applicants prefer to file for asylum when their status is expired or close to expiring (but keep in mind the one-year filing deadline). These applicants do not want to leave the U.S., and they prefer to go directly to court if their case is denied. This is certainly a reasonable plan. However, I do think it is important to consider the pros and cons of this approach.
On the plus side, if your denial arrives after your status has expired, you will go from the Asylum Office directly to court, so your case may move a bit faster. Also, of course, you get the chance to present your claim to an Immigration Judge. On the negative side, in order to make this happen, you have to wait until your status has expired (or is close to expiring) before you file your case. Some people may not like this delay. Also, you will not receive a NOID, and so you will only have a vague idea about the reason for the denial (when a case is referred to court, the Asylum Office does not give a detailed explanation of the reasons). Finally, you will not have an opportunity to rebut the Asylum Office’s reasons for denying your case, which means you lose an opportunity to win the case after the NOID is issued. For me, there is no correct answer here. The time frame of when you choose to apply depends on which path you prefer.
Of course, if you are out of status and receive a denial from the Asylum Office, your case will go to an Immigration Judge. But that is a topic for another day. Stay tuned….
Hello Jason,
Thank you so much for your companying with in the past, but after five years’ waiting I finally got a referral. I know it’s not a happy decision and I promise not give it up in the long immigration path.
I recently decide to move from CA to FL, but I am not sure do I still need to show up on the scheduled MCH date after updating my AR-11 on uscis.gov? In this case, will I only need to show up on the newly rescheduled MCH date in FL?
Thank you for your always support.
The change of address form for a court case is the EOIR-33, not the AR-11. So make sure the court and DHS have your current address. You have to show up at any Master Calendar Hearing that is scheduled. If not, you will be ordered deported. But if the court moves your case to your new location, you should only have to show up there. You can check by calling 800-898-7180 and entering your Alien number. The system will tell you your next court date and location. You can also call the court and try to talk to the clerk – follow the link at right called Immigration Court. So you know, most MCHs are being canceled and postponed due to the coronavirus. Take care, Jason
My MCH has already been scheduled in a month. How long does it take for a court to move to case to other state, not sure if I still have enough time to move it, cause I don’t want to go back and show up on the first MCH?
Can I update my address to the court and DHS only online or by email?
You can attend the first master and update your address then, and ask the court to move your case to the new location (the MCH only takes 2 or 3 minutes – the second hearing is the trial, where you present evidence and the judge decides your case). Alternatively, you can file a motion to change venue to the new location. Either way, you need to file an EOIR-33 to change your address with the court and DHS (as explained on that form). Take care, Jason
I think my case would be forwarded to the nearest immigration court. How do I locate the nearest EOIR immigration court which adjudicates my asylum case based on my zip code? Is there a website for looking it up, or other information for reference? Thanks a lot.
As far as I know, there is no such website. You can Google “EOIR Immigration Court” and find a list of courts. You can also call 800-898-7180 and type in your alien number – that will tell you your court once a court date is scheduled. Take care, Jason
Hi Jason
Firstly I’ll like to thank you immensely for your blog, The Asylumnist. It has been extremely helpful for me, trying to understand the complex asylum system in the USA
I applied for Asylum in January 2019 in Boston without a lawyer. I put together my affidavit and a bunch of evidences which at the time I thought were pretty convincing due to my limited knowledge of asylum then. But when I look at that application now, I am so disappointed in myself. I have a strong case for asylum, but in my initial filing, my affidavit was summarized, I omitted some very important information, and I was more focused on proving I am very morally upright than on proving my actual asylum complain.
I got a NOID late February 2019, and then hired an attorney to help me with the subsequent process. As it turns out, after my interview, my family back home was served with a warrant for my arrest due to my involvement in my university student union which had certain anti government ideas. I provided that warrant to my just retained attorney and asked him for a plan on how to reply. I mentioned that I might not be eligible for work permit if I get a final denial while I am still in status( my visa expires in June) and as a strategy, I proposed we demand more time, so I have a better chance of being sent to court. My idea was that if I demanded more time to reply to the NOID, and hopefully the Asylum Office takes a month to send the final decision after I submitted the rebuttal, that might have been enough to run down my status, so I get a referral rather than a final denial. That way my EAD clock does not stop.
My lawyer( who charged 3000$ just for the NOID rebuttal) told me “Employment Authorization rules are flexible and it is possible my EAD clock would not stop if I get a final denial”. That was weird to me because after I received the NOID I had been reading a lot on the asylum process and I knew my lawyer was wrong. I basically had to press him, then send him a link to the USCIS website which specified the rules of the EAD clock, before he changed his stance. I began to loose faith at that point, but I had already signed the engagement letter, so I was stuck.
After he drafted the rebuttal, he sent to me so I could read. I noticed he didn’t address most of the credibility points stated in the NOID and even the ones he did address, he did so in a vague manner. I figured maybe he didn’t address them because he wasn’t there with me for the interview( I had not retained him then), so I took time off, studied my NOID, and wrote extensively on the reasons for the credibility points in the NOID, most of which were misunderstandings on the part of the asylum officer, and I sent this document to him, hoping he’d add or modify it and include in the draft, that way we address the credibility issues and coupled with the new evidence, I thought I stood a good chance. But he refused. He said I stand a better chance if we leave the draft as it was( the draft basically focused on my Arrest Warrant and nothing else significantly) and his reason was that asylum officers might not have time to review a bulky document, so we want to be as brief as possible and point them in the direction of the most powerful evidence. I found this absurd, but after our earlier raft on the EAD issue, I didn’t want to cause any more tension.
Not surprisingly, I was issued a final denial some days back and the first reason on it was that I failed to explain the credibility points raised in the NOID. Can you imagine? I spoke to him and his excuse was that he felt they ignored the warrant. When asked on what to do next, he said I should wait till I get out of status, then I would be issued a Notice to Appear. That’s when I lost all faith, because I have been reading extensively and have never seen anything like this. How will I be provided an NTA after I go out of status, when my case has already been denied? When I confronted him, he said that it was likely that it could happen, or I could apply myself to be placed in removal proceedings. That would mean I would have gone out of status, and started accumulating days for the 3/10 year bar, which would cause me harm if I intend to apply for employment based green card or marriage based, in the future.
My opinion is that I could reapply for asylum sometime in April, that way I’m sure I’d get a final decision after June, when I’d be out of status. And then I’d be sent to court directly, with my case still pending. Even though I’d not be in status, I would not accumulate any days for the 3/10 year ban, my EAD clock would be running and I would stand a better chance to change my status in the future.
I’m aware this is a lengthy write-up for someone who is not paying you, but I would really appreciate your advice on this because I feel you are the most knowledgeable person on asylum law I have come across. Any advice will be highly appreciated.
Best Regards
Based on your description, I disagree with most of what the lawyer told you (except for charging $3K – I like that idea). Anyway, I think the approach you propose makes the most sense – re-apply for asylum, it will almost for sure be denied (since the first application was denied, and my guess is that not much will change between the denial and the new application), and then you will go to court. That said, I think the new case should explain all the problems of the old case and talk about the new warrant (and any other new developments). It is sometimes possible to win on a second interview, and even if you lose, you will at least be set up for court. Also, remember that the filing procedure for a second I-589 is different – you file at the local office (which can be a bureaucratic pain). Check the I-589 instructions or contact the local office for info about how to file (and be prepared to follow up if the case does not get properly into the system). My guess is that this case is salvageable, and so hopefully you will have better luck with the new application. Take care, Jason
Thank you so much for your help. I am in Boston and I would like to have a detailed consultation with you. Is it possible over the phone? If yes I could email you so you tell me how to go about it. Thanks again.
If you email me next week, I can send you that info and schedule a time. Take care, Jason
Sounds good. I’ll email you Monday. Again, many thanks for all the help.
Hi Jason,
I don’t know if you remember me from months ago, I started a thread on this post about not knowing what to do after my first asylum application was denied, with my lawyer giving me conflicting ideas. I am the author of the previous comments on this thread.
We then went on to have a phone interview and then a couple emails back and forth. I took your advice to heart and discarded my previous attorney and put together my second asylum application, this time more comprehensive than the first one which was denied, and I filed on the 3rd of May 2019, without a lawyer. Pleased to say I just got my asylum approval letter yesterday July 1st 2019 against all the odds. Who would have known!!!!
I wish to thank you and appreciate you for the work you do, you literally change lives cuz if I didn’t find your blog, I surely would have gone with the advice of my previous attorney which was terrible advice to say the least. You’re amazing!! I wish I had money to tip you😂
Thank you for letting me know – I am glad that worked out. Congratulations and best of luck in the United States! Also, I did a post about what happens when asylum is granted. If that is of interest, I posted it on May 16, 2018. Take care, Jason
Hello Jason,
Many thanks for having this great blog. Comes as a big relief for stressed asylum seekers and others going through immigration worries. You are doing a great service for humanity.
My case : I had applied for asylum in 2016 but was denied in 2018. I have been on H1B status since 2010 and still maintaining that status (valid until 2021 for now). I have few questions if you could take some time out and respond that would be great –
1. I understand that asylum denial means I will never get to apply any Non-Immigrant visa (say H1B/H4/L1/B1) abroad in order to re-enter the US. In short I need to remain inside the US as long as my legal status is valid. But if this be the case then if I have any emergency or any travel need then does that mean I can never do that ? Or am I totally wrong in assuming the above. Pls correct me
2.I get my Green card through employer (EB2/EB3) then am I free to travel anywhere outside the US (including home country) ? Pls note that GC through employer will be in category E2 and not the one issued via asylum which is category AS1 I believe. If I get to travel on E2 green card in the future will it still be a headache at the port of entry where my previous asylum denial can cause problems ? Or can I be free to say I don’t have to worry about past asylum denial (domestic issues won’t be there in few years due to recent change in law)
2. Do I really have to wait till I get my final GC through employer or can I travel on Advance Parole (if I get to apply at the time of filing I-485 and get approval)
3. Does visiting home country(from which feared persecution) at anytime in the future (after getting Advance Parole or Green card(E2)) be a cause of concern at the time of applying citizenship ? Given that my GC wont be issued based on asylum.
4. Any issue you foresee if GC is being re-applied by a new prospective employer if I choose to leave current employer and start over again ? Same question for H1B work permit
1 – It depends. Applying for a new H1b visa or an L visa should not be affected by the asylum case (since they are “dual intent” visas and it does not matter if you plan to stay here permanently – you can still qualify for the visa. However, you never know – if there is an inconsistencies or some other issue, I suppose these types of visas could be denied as well. The B visa would likely be more difficult to get, since you had an asylum case (B visas are only available to people who do not wish to stay permanently in the US). 2 – If you get a GC and travel to your country, it potentially could still be an issue if the trip causes the US government to suspect that your original asylum case was a fraud. Even though the case is done, it is still part of your record. In practical terms, you would probably not be affected, but you never know. 2 – If you get AP somehow, you can use that to re-enter the US if you leave. You have to use your passport to travel. 3 – It could be. These days, it is best to be careful and not travel to the home country if you can avoid that. 4 – I do not do such cases, so I do not know. Take care, Jason
Thanks Jason for taking time out and responding in detail.
HELLO JASON,
I HAVE NO WORDS HOW TO THANK YOU FOR YOUR LIMITLESS SUPPORT AND HELP WE ARE RECEIVING.
TODAY IS THE SADDEST AND DARKEST DAY OF MY EXISTENCE IN THIS LAND. MY TEARS ARE ROLLING ON MY FACE WHILE EVEN TYPING. TODAY WAS MY MASTER HEARING DAY. I WAS HOPPING THE JUDGE WOULD SET SHORT NOTICE FOR MY INDIVIDUAL HEARING BUT HE PUSHED TO 2022. HE EVEN SAID MY CASE WILL BE ASSIGNED TO ONE OF NEW HIRE JUDGE .
I HAVE ONE SON BACK HOME HE IS LIVING WITH MY FAMILY. WE HAVE SEPARATED ALMOST 41/2 YEARS.
JASON, PLEASE HELP ME OUT HOW CAN I ABLE TO EXPEDITE MY CASE. YOUR ADVISE AND INPUT IS MORE VALUABLE THAN MY LAWYER. HIS KIND OF RELUCTANT.
THANK YOU
One of my clients was also set for 2022, but the case will be re-assigned to a new judge, and so we expect his date will be much sooner than that. Hopefully, that will happen for you as well. It is more difficult to expedite a case when you are expecting to get a new judge, but you can try – I wrote about that on April 20, 2017. Good luck, Jason
Hello Jason,
I have asked this question before but i don’t see either my question to you or your response.
My case has reassigned to one of the new judge. Is there any way i can know which one of them has my case? how long does it take my case to be out? the first judge set my case 2022. I want to expedite my case once i know when the new judge set my individual hearing.
I thank you in advance for your immense help!!!
You can call 800-898-7180 and enter your Alien number. The system may tell you your judge. If not, you can call the court directly. You can find their contact info if you follow the link at right called Immigration Court (under Asylum Seeker Resources). Even if the new judge is not yet assigned, you can still try to expedite, though it may be less likely to succeed. I wrote about expediting on March 30, 2017. Take care, Jason Take care, Jason
Hello Jason,
I’m from India, I came to NJ, US in Sept’17, my wife & kids came here in Apr’18, we all came here on B2. I applied for Asylum in June 18, got interviewed in Aug’18 & I was referred to immigration court, however since my wife & kids were still in the status they have been separated from case & are not referred. I have now following questions:
1) Since my wife & kids were included in my application as my dependent, Do I need to apply separate application for my wife & kids? If yes on the same ground of mine?
2) My 150 day clocks for applying EAD is on 29th November, can I apply EAD & SSN for my wife & kids as well.
3) One of my known person so called friend, charged me 15k on pretext to arrange good lawyer for my case but has not done anything & now neither responding my calls nor supporting me nor has arranged any lawyer.
4) Now when I’m approaching new Lawyers for representing me, they are saying my case is weak, doesn’t have much merits, they are asking me amount of 10k to 20k for 2 separate cases of mine & my wife.
5) I tried contacting pro bono lawyers but hardly getting any response.
6) I’m now financially, emotionally broken due to cheating by my friend.
7) Basis of my asylum application is that I was working in India as VP HR in an IT company with 3500 employee in India, MD of my did financial fraud & fled from India without paying salaries of those 3500 employee. Those employees, their families & friends, started tourturing me, beating me & persecuting me. I even tried changing the geographical state about 1000 miles still those people continued to harassed me there also. Seeing danger for my life I came here. I have applied asylum on 2 grounds Convention against torture & PSG. I tried to file cases in police but didn’t got any support due to socio political issues.
7) What is possibilities that you can represent me?
I’m sorry to write this long comment but will be really thankful for your reply.
1 – If they are your dependents, they can continue as dependents and do not need their own cases. 2 – Yes. 3 – I am not sure what to do about that. 4 – That seems kind of high. We usually charge $5,000 or $6,000 for a court case, so my guess is that you can find a better price. I wrote about this issue on March 2, 2016. 5 – I wrote about that issue on September 22, 2016. 6 – Try to contact the free lawyers, maybe. 7 – This may be a whistleblower-type case and that can form the basis for an asylum claim, but it is not always easy. It depends on the case. As for me, you can email me (jdzubow@dzubowlaw.com), but if you are not in the Washington, DC area, it may not be easy for me to represent you. Take care, Jason
Hi Jason,
Thank you for your tremendous contribution to the asylum community and the invaluable help for asylum seekers.
My family member applied for asylum based on religion and nationality (Syria). She is, like me, also a political opponent to the dictatorship regime in Syria, but she didn’t disclose that in her application or her interview, fearing for the lives of family members who remains in the country and couldn’t make it out.
She just received his NOID, we are working on finding and contacting a lawyer in the state where he lives. Is it advisable that the response includes disclosing his political opposition which he doesn’t have much materialistic evidence on for the reason mentioned above? Also, I would appreciate any advice regarding lawyer in her state. Would any one from your firm be willing to take the case? Any advice is very much appreciated.
One last question; application submitted 3 years ago, she is currently in a valid TPS status, can she reapply in cases of denial? or what’s the best course of action in this scenario?
Thank you kindly,
First NOID
It seems to me that the person failed to include very important info about the case (that she is a political activist). She can try to mention that now, though I suppose it depends on what is in the NOID. If the plan is to disclose this new info now, she will need to explain why she did not reveal this previously. I do think it would help to talk to a lawyer. I do not know that anyone in my firm could take on a NOID due to the short time frame, but you can email us at shaile@dzubowlaw.com and we can let you know. If the case is denied, she can re-apply, but the procedure is different (check the I-589 instructions about that). Take care, Jason
Thank you for your response!
Political activist vs. “closet” political opponent (like many Syrians are and continue to be) when the liability is family members who couldn’t make it out of the country. It’s difficult to make the distinction though the theme and intention might merge on the basis of common purpose.
I will email you at the email address mentioned above.
Thank you again for all what you do and contribute to solving problems in the asylum community. Hats off to your contributions and activism!
First NOID
Hi. If a case was referred to court while the family is out of status (after 6 months of entry in 2014 and referral was in May 2018), will the court receive the complete file with documents and application or we need to file a new package? If there are new documents and evidence that support the case, should we file them on the first hearing date or later when they set the new date after about 3 years as we were told (we are in Arlington, VA immigration court)?
Thanks.
The court should receive the entire file, but if the documents were not submitted in the proper format for court, you may need to resubmit everything. You can ask the Judge about that at the first hearing (I wrote about format in a posting last week). We typically submit documents prior to the Individual Hearing (in a couple years, usually). However, sometimes, depending on the case, you have to submit documents or forms at the first hearing. It is very helpful to have a lawyer in court, so you might consider that – the lawyer can help with all of this. Take care, Jason
Thanks Jason. I appreciate your prompt reply. I sent you an email and I would like to communicate through it and see whether you can help us professionally in our case.
Hi. I have question. I have asylum interview november 6 . If they referred my case to IJ, how long does it take for them to make decision? My case is complicated . Filed as lesbian, and got married to LPR. I have now usc son. 😞😞
I cannot predict the time frame, as it depends on the judge. It could be anywhere from 6 months to 4+ years. However, your spouse should probably try to naturalized as soon as possible, so you can start the process for the green card through marriage. Also, if you married a man, you should be prepared to explain why you still face harm in your country based on your sexual orientation. It should still be possible to win the case, but you will need to explain that. Take care, Jason
My husband applied for citizenship 2016, more than 2 years. USCIS belives our marriage is fraud, since I was a lesbian. WE went to fraud interview. Can his LPR be revoked? We are real married, we have son. still not working ((
If they think it is a fraud, they can try to revoke his status. There are many instances of lesbians marrying men, so that alone does not seem to prove a fraud, but if they are giving a hard time about the case, you might want to consult with a lawyer for help. Take care, Jason
How I can contact you? I need lawyer.
jdzubow@dzubowlaw.com
Hi, waiting for Part 2 of “Your Affirmative Asylum Case Was Denied. Now What?”. Hoping you will have time to post it soon. Thanks
It was posted on March 7, 2018. Take care, Jason
Hi. My individual hearing will be in 2022. 1. Judge asked me if not approved, they will report any country who accept me? What country usually they will send if I lose ?
2. My passport is expired , how they will obtain new one for me? Do they tell my case to my country embassy? Thank you
1 – That is standard. Normally, we tell the judge that we decline to designate a country of removal, and the judge or DHS designates your home country. This basically has no meaning for now, but if you are ordered deported, and if you are actually deported, you will be sent to your home country. Most people who are not detained and who get ordered deported leave on their own – they can go wherever they want, as long as they leave the US. 2 – They communicate with your home country to get a travel document for you. Not all countries cooperate with this, but most do. Also, this would not happen unless you lose the case and are ordered deported. Take care, Jason
Dear Jason,
I have a question. How much money do I pay for EAD renewal or is it free?
You should check the I-765 form to be sure, but normally the fee is $410 if the renewal is based on category c8. Or you can try a fee waiver, form I-912, available at http://www.uscis.gov. Take care, Jason
Hey jason i have few questions please:
1- i applied for asylum in 2016 and still I didn’t get any interview dates so do you think i still have long time of waiting until i get my interview?
2- if my asylum is denied will i get forced to leave the country? I heard even if you get denied you have at least 9-10 years in courts before they force you to leave?! Is that right?
3- can i apply to renew my EAD if they deny my case and transfered me to the court?
Thanks
1 – I wrote about the new LIFO system on July 10, 2018. I doubt a 2016 case will be interviewed anytime soon unless you expedite. I wrote about trying to expedite on March 30, 2017. 2 – If you lose, you can try to win asylum in court. The court process is generally not that slow. These days maybe 2 to 6 years, depending on which court you are in. 3 – Yes, you can renew your EAD if the case is referred to court. Take care, Jason
Dear Jason,
Thank you for your usual support, God bless.
Please confirm if it’s possible to apply for (first ever) EAD while case is pending hearing at immigration court.
As long as 150 days have passed on the asylum clock, you can apply. The clock must keep going and reach 180 days to actually get the EAD. You can check the status of the clock by calling 800-898-7180. It is a computer. Enter your alien number, and when instructed, press 2. It will tell you the status of the clock. Take care, Jason
Thank you Jason.
I do not have a court case and I do not hope nor pray for one. I have been interviewed since early July out in Chicago office but no update just yet. Don’t know what to believe now.
I am a family man, I hate to say we are stranded. Can’t work, can’t access medical care, seriously coping with redicule we daily faced for horrible housing arrangement. Kind of tired now.
Getting approved and been able to work, I believe, is the only way to get out of the quandary.
I will be 150 days by October and I hope to apply for the EAD. Just wondering how early I can put in my application. Kindly provide some guidance. Do I need to clock 150days before applying?
Do not send the EAD application early – this could result in rejection, which will ultimately delay the process. I would mail it on day 150. It takes between 1 and 4 months to get the EAD, though it seems to be on the sooner side of that estimate lately. Also, so you know, if you work without an EAD, it has no effect on an asylum case, though it could affect other immigration applications. Take care, Jason
Dear Mr. Jason,
I can’t thank you enough for all the support I recieve from daily you on this platform, you’re truly selfless and kind. I have gained more from you than my attorney who never called nor update me about my case, I trust God to see me through this.
Please can you provide me with link (s) to ‘checklist’ for EAD application- what and what needs to be included in my application. I intend to apply this month end.
Do I need a lawyer to file or can I deal with this on my own, can’t possibly afford a lawyer now. My lawyer already made it clear the money i paid him was only for my Asylum appllication.
Lastly, you mentioned seeking employment without EAD won’t affect Asylum appllication but other form immigration benefits, and I’m just curious, which employer will engage an applicant without EAD? I need to try my hand on something, my family need to feed.
I do not have such a list, but the info is contained in the instructions to the EAD form, I-765, available at http://www.uscis.gov. Some people work for cash as babysitters, restaurant workers, landscaping, construction, etc. It is not a good wait to work, as people take advantage of you sometimes, but if there is no choice, there is no choice. Take care, Jason
Many thanks to you and always.
My last question on this note, is there a requirement/need to apply for EAD for children under age 10? If I do apply for them will such be granted? Will you advice for or against such move?
Best Regards,
Many people do apply for EADs for young children, because they want the SSN and because the first EAD is free. In most cases, I think people do not renew the EADs, since you have to pay to renew, and these children probably won’t be working. Take care, Jason
Hi Jason i always read your answers and I think you have a great knowledge about asylum cases and you gave the answers very immediately. I have one question please help me to solve this i have applied for asylum and I got a noid and I m in the status and after that I send them the answer of noid now I got a final denial and i am still in status what I will do next please help me thankyou
If you are here in status, you can remain here lawfully until your status expires. You could try to change to another status, or you could leave. You can also re-apply for asylum, but the procedure is different – check the I-589 instructions, available at http://www.uscis.gov. Typically, people who re-file will lose the case (since you already lost once), but if you re-file when your status is ending, your case will be referred to the Immigration Court where you can present your claim again. Take care, Jason
Thank you Jason
God bless you
Hi jason as i stated above that my case was denied now i m out of status as you said that i can re-apply and my case would reffered to court my husband is also included in my application and i
Hi jason as i stated above that my case was denied now i m out of status as you said that i can re-apply and my case would reffered to court my husband is also included in my application and i consult with an attorney he said that you cannot re-apply the application now you can apply from your husband side because he is also a victim
I am very much confused Can you please suggest me what should i do now?
Thanks
We have re-applied for people whose previously asylum case has denied, so I do not know what the lawyer means. It may be that your husband has a better case. If so, maybe he should be the main applicant. But you can reapply if you want – the procedure is different from a first application. Check the instructions to the form I-589 or contact the local asylum office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Thanks jason
Can i take appointment from you
I am in NewYork
I guess, but I am in DC. You can do a phone consult if you want. You can email me about that. Take care, Jason
Hello, please help me to know if it’s possible or how I I do it… I’ve applied for an asylum, the first letter said notice to deny, 16 day to… I did not have time to do anything, second letter is final denial, 30 days to re-act, I did not have time to do anything again. Please tell me what can I do now? If I’ll marry to my girlfriend is it possible to transfer that case?
It sounds like your case is denied. If so, you can re-apply for asylum (the procedure is different for a second application) or you can try to find some other way to remain here lawfully, such as marrying a US citizen. You might talk to a lawyer about your options. Take care, Jason
First of all, this is a great blog and I learnt a lot from it. I’ve read many comment questions and none of them seems to apply to me. My case is a bit different.
I was denied for my asylum application like 9 years ago. I did not apply asylum again or go to the court. I was in the F1 status, so I finished my school and got my job (OPT then H1B). After 5-6 years, I were able to go back to my country since the politics and government were changed and improved a lot. And I came back in USA with my H1B. For past 3-4 years, I have been visiting my country every year and come back in USA with my H1B visa.
Now my employer is sponsoring me for green card, so I’m filing I485 employment based green card application. I was wondering if my past denied asylum (plus I went back to my country few times) can affect my I485 application. I failed to mention about my past asylum case to my lawyer who helps me with I485 because I thought it’s unrelated. I’m a bit freaking out. Please let me know what you think.
Thank you Jason
You should tell the lawyer. Other than that, I doubt it will affect, unless you were denied for fraud. It seems that you can explain why you eventually felt safe to return, and that seems reasonable. Do tell the lawyer, as it is important for your case in terms of making sure everything is consistent. Take care, Jason
Thank you Jason. I really appreciate it.
Hello Jason I recently got a NOID after applying for asylum, I came to the US with a tourist visa (B2), it’s my undestanding that if they give me a final denial I go back to my previous status which is the B2 tourist visa status which allows me to stay until november the 24th 2018 (total 6 months) . The question is: If I decide to properly exit the US before november 24th ( before my 6 months expire) . Am I going to be allowed to enter the US with this B2 visa in the future?
It’s a good question, and there is no certain answer. It’s very possible you will be able to re-enter without a problem, but it is also possible that you will be stopped at the point of entry and told to leave because they will think you plan to violate the B visa by seeking asylum again (at that point, you could claim asylum, but you would likely be detained). In short, you can try to re-enter, but you should be prepared in case they turn you away. Take care, Jason
HI, i would like to know I received an NOID of my asylum application, and at same time I received a letter job offer from a company who know my skill from my country. my B1/B2 visa expires in November can I apply for work visa here in USA? I am fleeing in my country and I can’t go back there to apply for work permit. What can I do?
Normally if you are still in status, you can file to change to another status without leaving the country. Most B visa visitors are granted a six month period of stay (you can double check this by Googling “CBP I-94 locator” and entering your visa info), and so if you are still in valid B status, you should be able to change status. Take care, Jason
Hello,
I received NOID few days ago, I still have valid F1 visa, if the officer deny my application what happen to my asylum EAD, I use it to work right now, will the USCIS revoke my EAD? will my employer know if I do not tell him and I will be fired?
Thanks,
If asylum is denied, the EAD becomes invalid. The employer will probably only know this if he checks the e-verify system (and even then, I do not know how quickly USCIS updates this system). If you do work without a valid EAD (meaning, if you work after asylum is denied), this will violate the terms of your F-1 visa and technically put you out of status. That could have implications for certain other types of visa applications – for example, if you want to apply for an H1b visa. Talk to a lawyer or the school to be sure about that. Take care, Jason
Please, I have a 14 days before my one year deadline.I was on b1/b2 for the 6 months, and did AOS for another 6. My case is still pending but nevertheless, Do You think it’s too late for application now?
It is not too late. Just file the application before the one-year deadline (you may meet an exception to the on year deadline, but I cannot tell from your comment – I wrote about that issue on January 18, 2018). Take care, Jason
Hi JASON,
AM new to this thread..
I need your help am in H1b visa and my employer not ready to file an extension , my visa valid till September 10 2018,And am staying here (USA)with my spouse and kid since December 21 2017, Now am planning to file asylum through paralegal because if am going with attorney they were asking me 10000$ for three of us.Now my question is:
1) Does H1b people can apply asylum
2) Once the H1b visa got expired ( September 10 2018 )can i stay here using asylum status.
3) If my Asylum got NOID are Denial what’s next step.
4) How many times i can re-apply asylum if something happen to my previous case.
5) Is there any possibilities to win my case if my Mom(green card holder) and my sister (Citizen) in USA.
Your valuable reply will help me to go next level. Thanks in advance
1 – Yes, but be aware of the one-year filing deadline (I wrote about that on January 18, 2017). 2 – Yes. 3 – I wrote about that on February 21, 2018 and M
Hi JASON,
I would like to inform you that I received a letter from USCIS for my upcoming interview in December 13 2018 ,
I have couple of question :
1) In that letter they mentioned if your not fluency in English will send your case to immigration Judge- — for this scenario my wife she’s not comfortable to speak in English but she can speak little bit,this
will affect my case.
2) And they are asking some Written letter form -Can you tell me which form do i need to take
3) Am going to interview along with my wife and child ,he’s 3- years old and he’s very naughty.
my question is when myself and my wife were in interview if my son disturbing us that will affect my
case.
4) Actually i converted to Christianity and i have only the membership letter ,my case is belong to this
and i don’t have any evidence ,will they accept if i show only the membership letter.
5)what are all the documents do i need to take.
Looking forward to hearing from you soon.
Thanks,
VJ
Hi JASON,
Looking for your advice and support,
Through a para-legal i have applied my Asylum in August / 6 / 2018
for that i have not yet received any Acknowledgement till now,
So last week Sep / 21 / 2018 i was applied second time in that i did a mistake,i was mentioned my apartment address wrongly ( because recently i moved ),
so again i submitted my all the documents to Nebraska USCIS center on Sep /24 / 2018 ( Monday ),
Could you please tell me is this will create a problem for me submitting the same documents .
It might create a problem, but as long as you receive the receipt, you should be fine. If not, you may need to file yet again, and this time, include an explanation about the prior filings. Also, you can contact the local asylum office to ask whether they have a record of your case. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). I do think it is generally a bad idea to use a paralegal. Many of them do a poor job and also many are practicing law without a license, which is a crime. It is usually better to do it yourself, at least you can try to get it right. Take care, Jason
HI JASON,
I was trying to reach Local Asylum office California center@415-575-1300 ,They didn’t pick the call and directly it goes voice mail. Actually am in Washington state( Seattle -Renton) & i have sent the documents to Nebraska INA center .Could you please share me the asylum office contact number are the link.
looking forward to hear from you, thanks for you support in advance.
Calling them rarely works. Emailing sometimes works. I just email them at the address on their website. You can find that if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hi JASON
I would like to inform you today i received the Acknowledgement receipt ,
And could you please suggest me i don’t know am on the right path because
Am in H1b visa and working in reputed company and now i got the receipt for Asylum
So can i continue working using H1b visa?
Thanks a lot for all your support in advance.
As long as the H1b visa is valid, you can keep working in that company. The asylum case has no effect on that. Take care, Jason
Hi JASON,
I have received mail from USCIS which stated that i have an Appointment on 10/18/2018 for Bio-metric, Do i need take any documents along with me.
Thanks,
Vijay
Whatever documents the letter tells you to bring. Normally, it is the letter and a photo ID (such as your passport). Take care, Jason
HI JASON,
I WOULD LIKE TO INFORM YOU TOMORROW I HAVE AN BIO-METRIC APPOINTMENT ALONG WITH MY WIFE AND KID IN WASHINGTON TUKWILA OFFICE .
Thanks,
VJ
Ok – Just take the appointment letter and your and your family members’ photo IDs. Take care, Jason
Regarding the recent NTA memo issued on June 28 are there cases when NTA has been overcome successfully ? NTA is issued to appear in front of the judge but if there is valid explanation for stay does judge consider ? Or NTA means definite deportation order later ? Also, What happens if AOS was previously denied (asylum denial especially) but that person is still maintaining valid status using H1B/L1B (employment based) ? Is it still subject to NTA ?
The NTA is the document that puts a person in Immigration Court. So it is possible to have the Judge dismiss the NTA if it was improper (for example, if the person still has a valid visa). It is also possible to win the case in Immigration Court – if a person wins asylum or some other relief, she can stay in the US. If a person applies for asylum and is still in-status when asylum is denied by the Asylum Office, typically, they would not issue an NTA. Under the new memo and another prior memo, that may change for students (F visas), but that is still unclear. For H1b or L visa holders who are denied asylum, they should not be issued an NTA. Take care, Jason
Hi Jason, Thanks for maintaining this thread. I would appreciate if you help me to understand my problem.
When I submitted my application, I was in F1 status, and it was within the first year of my arrival. I applied for asylum and received a NOID. I responded to the NOID and received a final denial. My case is strong, and I would like it to be referred to an immigration judge. Now, I am planning to submit my second application for asylum, but I don’t know whether or not the one-year filing rule applies to my second application or not. Since now it has been more than one year I am here in the USA.
If you are still in F-1 status, there is an exception to the one year filing deadline. Also, the fact that you filed previously may be considered an exception to the one-year rule, assuming you file within a reasonable time of going out of status. Remember that the filing procedure for a second application is different. You file in the local asylum office that previously denied your case. Check the I-589 instructions for more info about that. Take care, Jason
Dear Jason,
I’ve applied for the asylum while I was on B2 visa. I’ve gotten my notice that says I’m lawfully in the States until my asylum application is solved. If by any chance I get denial does that mean that I have to leave the country or am I going to be referred to court since my B2 has expired and I’m only here lawfully thanks to my asylum application.
Thank you so so much in advance.
Kindest regards!
J
If your case is denied, you would be referred to court (as discussed in part 2 of the above post). Take care, Jason
Jason.
My current OPT EAD is expiring soon and I am going to apply EAD based on pending asylum this time. Could you please advise, what should I check on,
I am applying for:
1. Permission to accept employment.
3. Renewal of my permission to accept employment.
Also I assume that I don’t need to send any application fee.
Thanks in advance.
XXZU
There is no few. If this is your first time applying based on asylum pending (as opposed to OPT), you should be applying for permission to accept employment. Renewal is only if you are applying again under the same category as your old card. Take care, Jason
Thanks Jason, that helps.
😊😊
Hi jason ,i reposted as you said , i wanted to ask you that Would it be a problem for me to apply for greencard ? I was approved for assylum from sfo. And after 1 month i mooved to texas. And now i realised that there is a small typographic mistake on my i94, just one letter more is added on my first name . But still i dont know if i have to correct it or not and how ? Plus i recently got my work authorization and even in that my first name is printed on where it states surname and my surname is printed on given name. What should i do ? Anyone please help and i wanted to know if this would ca
You can email or go to the local asylum office and ask if they can correct the I-94. You can find their contact info/office hours if you follow the link at right called Asylum Office Locator. For the work permit, if that was USCIS’s error, they should correct it at no charge – you can call them to ask (the phone number can be found at http://www.uscis.gov) or go in person with an Info Pass appointment (there is a link at right). When you apply for the GC, you can explain what happened, and list the alternative names that the US government gave you, but it might be worth a try to correct the errors (especially the I-94) before you apply. Take care, Jason
Hi jason , i wanted to ask you that Would it be a problem for me to apply for greencard ? I was approved for assylum from sfo. And after 1 month i mooved to texas. And now i realised that there is a small typographic mistake on my i94, just one letter more is added on my first name . But still i dont know if i have to correct it or not and how ? Plus i recently got my work authorization and even in that my first name is printed on where it states surname and my surname is printed on given name. What should i do ? Anyone please help and i wanted to know if this would cause some problem while appliying for greencard ?
I believe I already replied to this – please see that. Take care, Jason
I am really very sorry jason ! But i seriously didnt get the answer. I tried to see back but i didnt even see my question ! Is it possible if you could reply me here . Im really sorry
No problem – please re-post the question and I will try to answer. Thank you, Jason
Hi Jason,
My question is about adjusting visa status while affirmative asylum pending. I am on F-1 OPT expiring soon and my university can sponsor H1B visa. The university will be able to submit the request to adjust my status to H1B after my OPT expires. Will I be eligible for status adjustment to H1B not leaving the US while asylum is pending and USCIS had not made the decision? I read somewhere that if USCIS refers the case to the court, adjustment of status is no longer possible since I will become out of status not for “technical reason” (before the USCIS decision I am out of status for “technical reason”).
Thank you for all your work!
If you are on valid F-1/OPT, you can change to an H1b. The asylum case should have no effect on the H1b application. If you are not in valid F-1 status, then you probably cannot change to an H1b without leaving the US. But if you have an H1b lawyer, make sure to tell the lawyer about the asylum case in order to avoid any inconsistencies. Take care, Jason
hi Jason, I have a question, in a country like pakistan, blasphemy is a crime punishable by death, but there is no law against apostasy. Now an affirmative asylum seeker who has converted to another religion and fears persecution upon return has a bit of a conundrum, doesnt he. He has committed no blasphemy and cannot be held for apostasy since there is no law, however, he will most likely be killed in case anyone finds out he converted, since conversion automatically means blasphemy as you are denying the prophecy of mohammed and your belief in the oneness of God, not to mention the general persecution that minorities in pakistan face on a day to day basis. How do you feel about the chances of asylum grant in such a case?
It depends on the case, but remember that the persecutor does not need to be the government. If people in the community will harm you due to apostasy, and the government cannot or will not protect you, that may be enough for asylum. Also, you could argue that anyone who commits apostasy is potentially subject to the blasphemy laws, which seem to be applied somewhat arbitrarily. Take care, Jason
Thanks Jason, and how are such cases being treated under the new administration, if I may ask, cuz the current dispensation appears to be so much on the “reject everything unless the Asylee has money” or something like it?
In terms of asylum cases, the statistics show that denial rates are going up (I posted some stats on February 7, 2018). I have not really noticed much change in my own practice, and I think good cases are still usually being approved. Take care, Jason
Hi Jason,
I was given a recommended approval, still waiting for my final approval in the mail, I am going back to school and applied for financial aid. Do you think my asylum will affect my financial aid processing because I do not have a green card
I do not know, as there are many types of financial aid. If you are not eligible for one type, ask the school to help you – maybe you are eligible for some other type. Take care, Jason
Hi Jason. I m on H1B status until Dec 2018. If my asylum gets denied (result due soon : interview over) will I be able to remain legally on H1B status until Dec 2018 or will I be referred to Immigration court ? Also pls answer whether future H1B renewals (after Dec 2018) will be ok as long as all requirements met OR asylum denial would mean no more H1B or any non immigrant statuses ? Kindly shed light
As discussed in the article above, you will get a NOID and then a denial. If you have an H1b, you will continue in H1b status and you should be able to renew the H1b. Just to be safe, you might want to consult with a lawyer before you try to renew, in case there are changes in the law or policies at that time. Take care, Jason
Hi Jason
My H1B status got renewed successfully however my asylum has been denied. I understand that I have lost the battle and there is nothing much I can go except continue the legal status and hope to get a Green Card through employment or marriage in future. However, what is your take on going out of the US for business/personal trip and re-enter USA on new H1B stamping. I understand that if I applied asylum seeking protection from Country A I cannot go there and seek visa again. But do I have the option of going to country B and getting visa stamped ? If I have to travel to europe for a business or a pleasure trip and have to re-enter US I need H1B stamping again right ? Or does it mean end of road for new visa as well ? What is your take on that. Kindly advise
Regards,
Rohit
The asylum case should not affect the H1b, since H1b is a “dual intent” visa, meaning it does not matter if you intend to remain permanently in the US. However, there are issues of fraud (for example, if you go to your home country or if they think you lied on the asylum case), and if you are concerned about any of those issues, talk to a lawyer before traveling. In theory, you should be able to go to country B and get the visa, assuming you are otherwise eligible. However, theory and practice these days are not always the same, and so you might talk to a lawyer to try to be safe. Finally, you can always re-apply for asylum if you want. The procedure is different (check the I-589 instructions), but you can do that. Probably it would only make sense if you were going out of status and had no other options. If that happens, remember to file before you go out of status in order to avoid the one-year bar. Take care, Jason
Thanks for taking out time and replying, Jason. Yes, you are correct. Theoretically things may be possible but practically it stands different. It seems the only time when I will get relief will be after getting Green card (through employer/marriage) because then I can exit and re-enter the US without any visa stamping requirement.
Thanks for all your help Jason,
I applied for EAD last month, the tracking status show “delivered” but I have not receive any response from USCIS up till now.
Kindly advise me on what to do.
It seems receipts are coming more slowly. I think it is probably too soon to worry. If you do not have a receipt in a month, maybe then you need to take some action. Take care, Jason
Is there any one who has been called for an interview who have applied for asylum since Jan 2018 ? Tnx
Hi Jason
Thanks for keeping these threads to support us morally. Do you have an office ? If yes what is the best way to reach your office (email or telephone) ? I m on H1B visa until Dec 2018 and ya expecting my interview sooner.
I am in Washington, DC. My email is jdzubow@dzubowlaw.com. Take care, Jason
I recieved a NIOD today, Can I do the rebuttal by myself.
You can. Depending on the reason for the NOID, an attorney may be able to present a better response (for example, if legal arguments are needed), but if you cannot afford a lawyer to help you, then you have to do it yourself. Take care, Jason
Hi Jason,
I filed for asylum in september 2017 and my visa b1/b2 will expired in April 2018, please what can I do?
If you filed for asylum, the fact that your visa expired is not relevant. You can stay here until your asylum case is resolved. Take care, Jason
[…] Your Affirmative Asylum Case Was Denied. Now What? (Part 1) (The Asylumist Blog, Feb. 2018) [text] […]
Hello Mr Jason,
Thanks for your great work.Please I need to ask you these 5 questions and I wil be grateful for your prompt response,
1) I have B1/B2 visa, and I have a Partner in USA who is a citizen, I want to ask if we get marry in USA, would I have the chances of filing for green card while still living with her in the state or would I able to file for EAD during the process as well?
2) If I seek asylum, during the process or before they call me for interview, can I still file for EAD as this will enable me to find work? And if my B1/B2 expire while awaiting interview as asylum or during the asylum process, would I be forced to live the state?
3) How much it will cost me if I hire you as my lawyer? I want to be a citizen of USA/ posses a green card and all I got now is B1/B2 visa and a partner that posses green card. And I want to know if I can file for my green card after 3 months of our wedding too?
4)Also am from Nigeria, and before my B1/B2 visa expired, can I still visit some other countries, Like Ghana, even before I seek asylum, but this will be shown on my international passport, would this affect my chances of secure asylum in any state.
5)moreover, All I want is that I want to get green card in the state or work permit(EAD). If you have any chances to help or you can suggest to me sir base on your experience, I will be grateful sir. Have a great day while anticipating for your suggestion, John.
1. Partner is a citizen
3. Partner is a green card holder
Well, sounds to me that green card is the end, and the ‘means options’ are on the table.
Not being judgemental, but just saying.
If all you want is a green card, and you have a partner that can give you the status you want, why do you want to apply for asylum and end up waiting for years?
Incase the ‘partner’ changes his/her mind. Is this asylum thing.There are people in genuine need of this asylum thing. Just saying.
1 – Probably you can do that in the US, but talk to a lawyer to be sure. Also, there are some potential issues if you file for a GC soon after you arrive here on a B visa. Again, ask a lawyer. 2 – It is normally faster to get an EAD based on a pending GC, but you can file for asylum and then apply for an EAD 150 days after you file. 3 – You can email me at jdzubow@dzubowlaw.com. The first step will be a consultation and that is $100 or $200 depending on whether it is in-person or by phone. 4 – Probably that would not affect, but I do not know the case, so I do not know. 5 – I do not know your case, so you would need to consult with me or another lawyer about specifics. Take care, Jason
Hi Jason
Could you kindly send guide me to the correct i-730 form to be used for petition as i am told that there is old and new.Also the correct location to hand it in the sanfrancisco jurisdiction as I understood has been changes.
Could you also guide me to the documents needed to be filed with the portion for my husband as someone told me I need to present a copy of our marriage certificate and his passport size photos
Thanks alot
Please see my prior response, Jason
What does “Supreme Court Decision” mean? Jason. If you write something about that we will be pleased.
It is the highest court in the land. Once I know more about this decision, I may post about it, but after briefly looking at it, I do not think it will have much affect on asylum seekers. Take care, Jason
Congratulations folks. Internment camps 2.0 are open now. Today Supreme Court ruled that immigrants (including green card holders) can be detained indefinitely without bond hearing. So yes, if you someone accuse (!) you of crime and they arrest you, it could be several years (or never) until you see the judge to tell your side of the story. So if you come across racists law enforcers like Sheriff Arpaiowho accuse you of something you are f*cked. You will rot in prison without being heard. Sorry for posting this here Jason….My soul hurts and I don’t know where to go to scream….
No body wants to sleep in fear, wake up in fear, go out in fear,
kids go to school in fear, come back in fear..fear!fear! fear! Who wants to live in perpetual fear to
while trying to escape death. I am so lost, I do not know what to do. I look at the children and I wonder what tomorrow holds for them.
For most people in the asylum system, things should continue as normal. The system is stressful, but if you can do a good job with your case, you should have a good chance to win. I wrote something about the difficulties of waiting on January 9, 2018 – maybe that would help. Take care, Jason
The Truth, was this Supreme Court ruling published somewhere?
There you go https://www.supremecourt.gov/opinions/17pdf/15-1204_f29g.pdf
I googled abd read it before I reaponded.
I googled and read it before I responded.
Thank you! Still reading it, but it talks mostly about deciding of admissibility/removal of certain aliens (2 categories mostly) while deciding this particular issue – admissibility/removal, saying that while these proceedings ongoing there is no entitlement for bail every 6 months. There is no bail even for citizens who are at “flight risk” or posing threat to society or committed very serious criminal offenses.
As I understood it, there is no bail hearing for people who deemed to be or suspected to be inadmissible/removable while detained at ICE facilities….
Jason, please comment…
Tina, I totally agree with you about this constant fear…. It throws me into panic attacks … No matter how legal you are, there is always seems to be that sword of Damocles ….
We’ll have to see how it plays out. I think it will make it more difficult for detained aliens to get bond while their cases are pending, but I doubt it will have a major affect on how the system is currently working. Also, asylum seekers who do not commit crimes are not at risk of arrest (at least not at this time), and so for most affirmative asylum seekers, I do not think this decision changes anything (though it may be a different story for detained asylum seekers or people who arrive at the border to request asylum). Take care, Jason
I have only briefly looked at the decision (which seems a mess, with different justices agreeing to different parts). In any case, I do not this will be quite as bad as it seems. My guess is that the only people who will be detained long term are convicted aliens who for some reason cannot be deported. If I have more on this, or if it seems relevant to asylum seekers, I will post something about it. Take care, Jason
Hi Jason
I have a question , Iam applying for my green card after 1 year of Asylum Approval , on Part 8 the General Eligibility and Inadmissibility Grounds They ask if we have Ever Violated the terms or conditions of your nonimmigrant status , is coming on visitor Visa and then applying for asylum considered violating terms and conditions of nonimmigrant status ? and if so should we add notice that we came on visitor visa and applied for asylum ? or thats in the base and core of asylum so it hasnt to be written or considered violation of the nonimmigrant terms and conditions ?
Thank you
It’s a good question. In the past, I would not have even paid attention to that, but these days, you cannot be too careful. One possibility is to check “no”, but then in the cover letter, explain that you entered on a B visa and filed for asylum. That way, at least USCIS cannot accuse you of lying on the question. You might talk to an attorney to look at your specific situation, as there might be a more appropriate way to respond that I do not know, since I do not know your case. Take care, Jason
hi jason
Thanks for any help you give us. this will be done twice that I ask you your point of view. I have to apply the asylum concerning my 2 girl children who are American citizens, for fear of circumcising them and I am an activist against fgm. my sister in my country are all circumcised and I have the doctor’s certificate from my country showing that my sister is actually circumcising. my question is, can I add these certificates in my box to prove the exitence of circumcision in my family.
You can add that information to your – I think it is helpful to the case and necessary to provide such evidence. You have to submit the evidence in accordance with the rules of your local asylum office. For example, my local office in Virginia requires all evidence to be submitted one week in advance. Different offices have different rules. Take care,
Hello Jason I have a question for you: my wife’s father has a different nationality of the the country that we fear persecution. Could that affects my case. Thank you
It’s possible, but probably only if your wife is the principal applicant and she also has citizenship or some type of permanent resident status in the third country (or if you have permanent status in the third country). Otherwise, I doubt it would affect, but you may want to bring evidence that she (or you) did not get status in the third country based on her father (maybe a letter from an immigration lawyer in the third country, or a copy of that country’s citizenship law, for example). Take care, Jason
HI Jason,
Please suggest whenever I go for interview I always say I have ead but still they always ask me what kind of visa you have . What should I ans to this qus what type of visa I have
You can show them your passport, EAD, and asylum receipt. They can then see what type of visa you had. This is not important, though, since you have an EAD. Take care, Jason
I’m surprised that it’s legal for them to even ask. Pretty sure that’s illegal in my state.
If the candidate clearly demonstrates that s/he is authorized to work, I can’t imagine why they would probe further.
I think it is probably legit to ask – they have to verify employment eligibility. But the rules here are a bit tricky (and not my area – employment-immigration law is super boring) and there are certain things that employers cannot ask, so maybe I am wrong. Take care, Jason
Thanks Sara and jason
It’s really crazy when they ask ..
Happened with me too many times, just tell them you have ead and asylee or applicant asylee. my present employer did not ask me about it but I told him myself then he asked me a little story about my self, he is too supportive and it was important because it is a long term may be permanent job so my employer should not have any doubt in his mind.
Sara, it is the employee’s responsibility to demonstrate that he or she is eligible to work in the United States. However, once the potential employee has established sufficient documentation that he/she is eligible to work in the US, it is now the employer’s responsibility to understand the legitimacy of the documents and ensure that they are hiring people who are supposed to be hired. Employers are to be abreast of any changes and the requirements- including the correct documentation- of employment eligibility in the US. Thus, the fact that the employer is questioning the eligibility, or legitimacy, of the documents furnished by the potential employee, is evidence that the employer is ignorant of the employment eligibility requirements. If you are going to employee people, it’s also your responsibility to know the requirements. For, if the government is to charge you, they don’t care whether or not you knew the requirements. I therefore agree with you, Sara.
Exactly, Jamie.
Seeker, I’m glad this has worked out for you. I, personally, prefer not to overshare at work. If I’m asked about my immigration status by a prospective employer to whom I have presented my valid EAD, I would take issue with that and let them know. It is not my responsibility to calm my employer’s fears or doubts beyond proving that I am eligible to work here legally.
One disagrees with Sara at their peril…
Jason has me figured out. And here I thought Sara From the Blog was a much nicer version of true self.
Jason and Sara, I consistently hold my own opinion on this blog. I agree and disagree with Sara from time-to-time. I would have returned my two degrees (conferred by Imperial College London and University of London) if I wasn’t able to reason things logically and independently. But, (**laughing**) I am going to make this one slide since I know that was to be taken as a joke.
It was a joke, but anyway, I though you were the one agreeing with Sara, so you were on the right side anyway. Take care, Jason
Your integrity and credentials were never doubted, Jamie.
We keep it light around here when we can. It just adds to the awesomeness that is this blog 🙂
Hi jason I have I question I applied for asylum and my asylum was denied from immigration judge and bia now I appeal on 2nd circuit court how long I have to wait to get decision from circuit court if 2nd circuit also denied my case what is my next option
I have not done a case in the Second Circuit, but in general, circuit court cases take between 6 months and a year and a half maybe. Denials are faster than approvals. Unless you have an order from that court granting you a stay of removal, a case in the federal circuit court does not block you from being deported. If you lose there, you can try to go to the Supreme Court, but that is extremely rare. You would also want to talk to a lawyer to see about any other options, such as a motion to reopen. Take care, Jason
Hi,
Its been a while I am regular member of this page.I was given RA in Sept 2017.Yesterday I went for my first inquiry.I was told be representative that my case is currently on back ground name check but the positive outcome was that he told me IO has approved my case and if I have criminal records I will be able to get the final approval which depends on FBI final report.It is a huge relief in the midst of uncertainty So Stay Positive and the result will be positive for all of us here too….
I mean If I have no Criminal Records
Congrats Sarah
not yet its still the indefinite wait but lets hope for the Best
RA means your case was approved by the interviewing officer and his/ her supervisor, pending background checks.
It sounds like they just stated the obvious to you, but I’m glad it gave you some hope.
I’m waiting on my RA too since Nov. ’17.
You know I also went with this frame of mind that they will tell me you have pending back ground check etc etc but surprisingly he told me straight away the AO has approved ur case there is nothing left at our end all we want is background clearance which is out of our control it can take a day week or months to get the back ground check.He said there is nothing left at their end they are done with my case n that’s what made my day
Yeah, that’s what RA means, but I know what you mean: any positive reassurance can be helpful, and I’m glad it was for you.
I hope you get your final approval soon.
Good luck.
I wish the same for you too!!!
Best of Luck !!!!
Thank you! 😊
Hopefully that will be soon. Take care, Jason
That is a very good new to hear. I hope I also hear from them soon
Hi Jason, if my mother gets granted asylum, i’m 21yrs single , Could my mom sponsor me GC? or she has to become Citizen first?
Thanks in advance.
Have a great day!
If you were under 21 and unmarried when your mother filed for asylum, and she is granted, she can file an I-730 petition for you, and you can get asylum too. Otherwise, once she has a GC, she can file for you, but that takes years. Take care, Jason
Dear Jason hope you are doing well , it’s almost 9 mounts that I waiting for decision how ever I send them email also I went to my interview place always thye said my application is in final decision what’s your advice what Should I do ?
Many thanks
There is not a lot you can do. You can contact the USCIS Ombudsman – a link is at right. If that does not work, you can try a mandamus lawsuit. Take care, Jason
Hello Jason,
I have a question, I applied for asylum on Dec 2017 within one year bar, I am getting married in a month, and I think my interview is going to be soon. so Can I add my husband to my application before decision or do I need to do it before interview? will it affect on a decision if he is from totally another country
Thank you in advance
You can add him anytime after you are married and before the decision, but if you want to add him, it is probably better to do so before the interview, so you can give them the info and documents. If you are granted asylum after you are married, your husband can also get asylum, even if he is from a different country. I doubt that the marriage would affect your case, but it may depend on the case, and so if you are worried about this, talk to a lawyer to make sure it is alright. Take care, Jason
Hello Jason ,
I know you’ve written about expediting cases but is there a form I should fill ? Or is it just a letter addressed to the office ? Is there a certain format I should follow ? Do I just attach a letter from the doctor of my health ? Can you pls guide me on how it’s done
Thank you so much , I’m so grateful for your help.
Different asylum offices have different policies. In most offices, I think there is a form. You can contact the asylum office directly to ask about this. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you Jason
Hello Jason,
I filed for a EAD (First time) a few days ago, USCIS sent me a text saying that my case was received and I should get a form i797 by mail
What is a form i797? How long could it take for me to get my EAD? Since the new interview parameters are now In place, do you think I will get my permit denied?
Hi Carlos
This will help.
https://www.uscis.gov/i-797-info
The I-797 is the receipt. Initial EADs take between 1 and 4 months. Unless there is something wrong, the EAD should be approved. Take care, Jason
Dear Jason,
Could you please advise me on how to reference the supplemental information in my main statement?
I’ve gathered a lot of evidence including Amnesty International reports, newspaper articles, witnesses letters etc. Should I mention them in my main letter describing the situation?
And should I then list the documents as Appendix 1, 2, 3 etc? I’d really appreciate your response, since I wasn’t able to find any information about that.
And thank you for all the work you’re doing, your website has helped me a lot in this desperate situation!
There are many ways to do that, and there is no right answer. For my cases, I create an index listing each document and summarizing (hopefully briefly) why it is important. I then attach all the documents to the index. Each document is tabbed (A, B, C, etc.) and we number each page of the packet. You are required to submit two copies. Take care, Jason
Thank you very much! You’re really very helpful! Will definitely follow your advice.
And the very last question I have is about what to do with really long reports (eg Amnesty International). Should we usually include full report (even if there are a lot of irrelevant pages) or is it a good idea to highlight the needed parts in the index and then include only the relevant chapters?
For most long reports, we do include only the relevant portions. That seems to work fine. If you are worried about it, you can of course include the whole thing and maybe highlight the parts that you think apply to you. Take care, Jason