This is part 2 of a posting about what happens if the Asylum Office denies your affirmative application. Read part 1 here.
If the Asylum Office denies your asylum case and you are no longer “in status,” you will be referred to an Immigration Court. When you get the denial (which they politely call a Referral), it will contain a short letter with a (usually) boilerplate explanation about why the case was not granted. Along with the letter, you will receive a Notice to Appear (“NTA”), which explains why the U.S. government believes it can deport you. If you have dependent family members, each of them should also receive an NTA (assuming they are all out of status).
The NTA contains allegations and charges. The allegations usually begin, “(1) You are not a citizen or national of the United States; (2) You are a citizen and national of [your country]; (3) You entered the United States on [date and place],” and then they state why you are removable. Often, the alien is removable because she remained in the United States longer than permitted. Other times, the alien entered the U.S. unlawfully (without inspection) or fraudulently (using a fake passport, for example). Some people are removable due to criminal convictions or other immigration violations. Read the NTA and make sure all of the allegations are correct.
The NTA also contains one or more charges. The charges indicate the section of the law (the Immigration and Nationality Act or INA) that the government can use to deport you. One common charge is under INA § 237(a)(1)(B), where the person is removable for having “remained in the United States for a time longer then permitted.” Other charges could relate to an unlawful or fraudulent entry, or to a criminal conviction.
Finally, the NTA will tell you where to go to Immigration Court. Usually, these days, the NTA does not tell you when to go to court. Instead, it says, “TBD,” which means “To Be Determined.” If your court date is TBD, you will receive a notice in the mail with the date of your first hearing. It is important to keep your address updated with the Immigration Court. Use form EOIR-33, and don’t forget to send an extra copy to the DHS Office of the Chief Counsel (the prosecutor).
Also, you can call the Court phone system to check the status of your case and learn whether you have an upcoming hearing. The phone number is 800-898-7180. It is a computer; not a person. Once it answers, follow the instructions and enter your Alien number. After the computer spells your name and you confirm, you can push 1 for your next court date. I recommend you call once a week, just in case you don’t receive the written notice (if you miss your court date, the judge will likely order you deported).
The wait time for the first court date depends on the court and the judge—it could take a few weeks or a few months (or sometimes longer).
Once you are scheduled for court, you will be assigned a judge. The 800-number will tell you the name of your judge. You can learn more about your judge at TRAC Immigration (information is not available for newer judges).
The first hearing is called a Master Calendar Hearing (“MCH”). Many people attend that hearing, and you have to wait your turn. When it is your turn, if you have a lawyer, the Immigration Judge (“IJ”) will take “pleadings.” This is when you (through your attorney) admit or deny the allegations and charges in the NTA. After that, the IJ will usually schedule you for an Individual Hearing (also called a Merits Hearing).
If you do not have an attorney with you at the MCH, the IJ will usually give you a continuance to find an attorney. If that happens, you will be scheduled for another MCH. In generally, the IJs really want you to find a lawyer, as it makes their job easier and it significantly increases the likelihood that your case will be approved.
For most referred asylum applicants, the NTA is correct and the person will admit the allegations, concede the charges of removability, and request asylum, Withholding of Removal, and relief under the United Nations Convention Against Torture. However, in some cases, the NTA is not correct. Also, some applicants can seek other relief, such as Cancellation of Removal or adjustment of status based on a familial relationship (or something else). One job of the attorney is to explore what types of relief you might be eligible for.
Also, at the MCH, the IJ will ask you to designate a country of removal. In other words, the IJ wants to know where to send you if you lose your case. For most asylum applicants, we decline to designate a country of removal. The DHS attorney (the prosecutor) will usually designate the country of citizenship.
If you admit the allegations, concede the charge(s), and indicate what relief you are seeking, the IJ will usually schedule you for an Individual Hearing, which is your trial. If you decline to accept the first Individual Hearing date the IJ offers you, or if you take a continuance to find a lawyer, it could prevent you from obtaining a work permit (if you don’t already have one—if you already have a work permit, you do not need to worry about this). If you think this could be a problem in your case, ask your lawyer. If you do not have a lawyer, ask the IJ.
The wait time between the MCH and the Individual Hearing varies by court and by judge. It might be a few days or weeks (for a detained alien), or it could be several years. Supposedly, for asylum cases referred to Court under the new last-in, first-out system, IJs will be scheduling quick Individual Hearing dates. We’ll have to wait and see how that works out.
The Individual Hearing is your trial. It is where you present evidence, and where you and your witnesses testify. At the end of the Individual Hearing, the IJ will usually make a decision—give you asylum, give you some other type of relief, or order you deported. Sometimes, a case requires more than one Individual Hearing. Other times, the IJ will send the decision by mail.
If lose your Individual Hearing, you can appeal to the Board of Immigration Appeals (“BIA”). If you win your asylum case, DHS can appeal (thankfully, that is not so common). You do not appear in-person for the appeal. Instead, you (or hopefully, your lawyer) will submit a brief, and the BIA will read it and make a decision in your case. Either the BIA will dismiss the appeal, meaning the IJ’s decision was correct and will remain in force, or it can alter or reverse the IJ’s decision. In the latter instance, the case will normally be returned to the IJ to correct the error, and issue a new decision.
An appeal with the BIA typically takes about six months or a year, but it depends on the case.
If you lose at the BIA, you can file a Petition for Review with the appropriate federal appellate court, and if you lose there, you can try to go to the U.S. Supreme Court. Very, very few cases make it that far. Also, if you lose at the BIA, whether or not you go to federal court, you are no longer eligible for a work permit based on a pending asylum case, and you can be deported (typically, ICE will not deport someone with a pending federal case, but they have the legal authority to do so unless the federal court issues an order “staying” removal). For the vast majority of aliens, if you lose at the federal appellate level, that is the end of the line.
In my experience, it is a bit easier to win an asylum case in Immigration Court as compared to the Asylum Office. But it is much more difficult to win at the BIA, and even more difficult to win at the federal appellate level.
So this is the basic process that most cases follow if they are denied at the Asylum Office. There are some exceptions and different paths (most notably Motions to Reopen and/or Reconsider), but the majority of applicants will follow this process. If your case is rejected by the Asylum Office, it becomes even more important to have a lawyer assist you. If you can’t afford a lawyer, check this posting for some helpful resources. And remember, losing at the Asylum Office is frustrating and upsetting, but it is by no means the end of the road. Keep fighting, and hopefully, you will have a good result in the end.
Hi Jason, I truly appreciate all the legal information you provide to us,and all the moral support. Thank you.
I once saw you post the website on which we can check who the judge is for the referral to court . Kindly post it again , I have been looking for that post for the last couple of days in vain. I was referred to court , my MCH is on 10/31 in Seattle.
I am not sure what you mean. If you want to know the name of your judge, call 800-898-7180. It is a computer. Enter your Alien number and when instructed, push 1. It will tell you your Judge’s name. If you want info about the Judge’s grant rate, you can Google “TRAC immigration” and find it that way. Take care, Jason
Thank you Jason. That is the information I was looking for.
I hope many if not all of you are swiftly deported from our country. We don’t need any more foreigners infesting our country and ruining the social fabric that makes us great. Go back to your respective countries. We do not need nor want you folks here
Hi Jason,
I applied for asylum in 03/18 had my interview 06/18
Was referred to IJ 10/18 looks like my clock will stop at the day of my court if my lawyer denies the first date the Judge has available and I wont be able to apply for EAD. My current passport expires 03/19 is that any way or any respecfully request we could make to the judge to not stop my clock? It is my understanding that if I renew my passport would afect my asylum claim. Do you have any advice in my case?
Thank you in advance!!
If your case was filed in March, then you should reach 150 days in August and 180 days in September. If that is all correct, it will not matter if your clock stops or not. Once the clock reaches 180 days, you can get the EAD. You can check the clock by calling 800-898-7180 and entering your Alien number into the system. Push 2 and you will hear about your clock. As for your question, if you delay the hearing, or your lawyer does, the clock should stop. There is nothing you can do about that. Take care, Jason
I was referred to the immigration court and I my individual hearing will be in 2021
I applied for EAD at 150 days and it passed 180 with no update
are they suppose to send me another biometrics notice or they will use my fingerprints that I already did for the interview? and how long It should take to get the EAD ?
Thank you.
It seems that some people do biometrics and others do not. Initial EADs based on asylum pending seem to take between 1 and 4 months, so hopefully, you will receive it soon. Take care, Jason
Hi Jason: Thank you so much for the very useful information you posted. My case is like this. I did my interview for asylum twice with in a range of two weeks in May 2017. I was told to wait and get the decision in my mail. After waiting one year, I received a mail and appointed to appear for immigration court. I received NTA but there is no asylum office referral notice with it. I mean in the NTA there is no charge written against me. Is it common to appear in immigration court without receiving the asylum office referral notice? Thank you!
You should have received the referral notice. You can contact the asylum office and ask them for it. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). If they cannot help you, you (or your lawyer) can ask the DHS attorney for it. It won’t tell you too much, but you should have it anyway. You can also get it by filing a Freedom of Information Act request (form G-639, available at http://www.uscis.gov). Take care, Jason
hello, again I just wanted to update you.
i had my master calendar hearing on Aug 31
the judge scheduled for the merits hearing on NOV/2021 with the clock running
most of the other cases asked the judge for more time and she scheduled them in 2022,
there was a detained alien and his lawyer told the judge that the bond hearing on the end of this month so the judge scheduled him for another master calendar hearing in may 2019
I waited 4 hours and there were 64 cases.
thanks, Jason
ooh as expected.. I was issued NOID and responded rebuttal with details but still, unfortunately, the final denial received today 08/30/2018 which was issued on 08/27/2018. my question is since my status got expire on 08/27/2018 the day letter is issued so i was automatically out of status as i received the letter on 08/30/2018. they mentioned in letter that “Because i am maintaining valid immigrant, nonimmigrant, parole or temporary protected status TPS, your asylum application will not be referred to an immigration judge for adjudication in removal proceedings before the US Department of justice, the executive office for immigration review. you must notify DHS through USCIS of any changes of address within ten days…….” kindly advise me what to do next as i am already out of status but my non-immigrant visa is valid till october 2019. regards
It’s up to you. You can leave the US or try to find some lawful way to stay here (difficult, since you are now out of status). You can tell the asylum office and ask them to refer you to court, which they probably will not do, but you can try. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Or you can re-apply for asylum with the asylum office (the procedure is different – check the instructions to form I-589). Take care, Jason
Hi Muhammad can you please tell me when you get the final denial after responded to rebuttal means how many days you get the decision after reponded
Thanks
Dear Jason,
My asylum application was delivered to USCIS on May 21, 2018. I was on F-1 student visa when I decided to apply for asylum but I graduated on May 19,2018. I had my interview at the Arlington, VA office in early July but my pick-up decision was switched to mail-out after two weeks. I have been waiting since then, and was thinking would it be more likely that my case gets refereed to immigration court since my student status ended before my application was delivered? Furthermore, my F-1 visa doesn’t expire until 2020.
Sincerely,
Ali
The F-1 visa itself is not relevant (that just tells you when you are allowed to enter the US). If you are here and have maintained lawful student status the entire time, you are still “in status”. In that case, in the past, you would not have been referred to court if the case were denied. However, USCIS has been trying to change the rule, and so now it is not clear to me whether someone in that position would be denied or referred to court. I imagine USCIS will clarify this, or we will hear what they are doing in different cases, and so we will know eventually. Take care, Jason
Sorry for late response well i was denied exactly after 5 days after rebuttal submission…
Hi Jason, in a previous comment i said i received a NOID, now im working on the rebuttal, im on status with a tourist visa until november 24th The question is : Can I request the asylum office to refer my case to immigration court in this rebuttal letter ? what do you recommend ?
I doubt it will work, but you can try – you can note that filing for asylum has violated the tourist visa, which is temporary, since you asked to stay permanently by seeking asylum. Maybe they will refer you if you are denied. However, I would not do that at the expense of trying to win the case. Usually, they will not grant a case where a NOID is issued, but sometimes they do. Good luck, Jason
Hello Jason,
I have my master calendar hearing on aug 31
I didn’t hire an attorney yet, can I ask the judge for more time to hire an attorney ? and will that stop my work permit clock ?
Thanks.
Most judges will allow you one continuance to find a new attorney. However, asking for additional time will stop the clock. It should restart at the next MCH, assuming you are ready to proceed with the case at that time. Take care, Jason
Hi Jason! I got a Notice of Intent to Deny on Friday 08/10/2018. As I’m still under the 16 days to send a rebuttal and still under my non-immigrant status (entry expires August 26), I will send a rebuttal document as soon as I can. i was shocked when received the NOID as my interview was very good and even in NOID it is mentioned that “your testimony was detailed, consistent and plausible. In the totality of the circumstances your testimony is found to be credible.” but the reason for possible denial is that i didn’t established that i had serious persecution. Additionally i would like to know that there are few points which i am pretty much sure didn’t explain the way it is understood so shall i elaborate these points in my rebuttal. anyhow it is largely observed that most of the cases didn’t succeed after the rebuttal. so what next i should expect after the final denial from the Asylum officer. looking forward to hear your precious inputs.Thanks & regards
One of my clients got a similar NOID on the same date. Ugh. You can try to respond to each point raised in the NOID, and you can submit additional evidence or information. If they deny the case, you will remain here in whatever status you currently have. You are expected to leave when your period of stay ends, but you can also try to seek asylum again (the process is different – check the I-589 instructions; basically, you file the application at the local office that did your first case). Take care, Jason
Hi Jason,
You mentioned in your post that there is a possibility to apply for a Motion to Reopen and/or Reconsider. I couldn’t find any mention of it elsewhere on your blog.
Is it usually a viable way to proceed after the case is referred to IC by an Asylum Officer? In what cases would it make sense and how does it compare to the “regular” way of going to the IC?
Thank you so much,
Alex
Maybe you are referring to a MTR before the asylum office (if they refer or deny). You can do that – it is basically just a letter explaining your position. It is very unlikely to work, and most likely a waste of time, but you can try. Take care, Jason
I am an asylum applicant with a pending case who has already interviewed in Feb – to my surprise, the interview didn’t go well and I was referred to IC with a NTA to appear January 8, 2019 for my first Master Calendar Hearing.
Now, my (US citizen) husband and I wish to apply for adjustment of status based on marriage and we have come up on the following question on the I-130 which we don’t know how to answer:
“Was the beneficiary ever in immigration proceedings?”
Was I? I mean, I’ve never seen a judge but I do have a Master calendar hearing scheduled for my asylum case. Am I in removal proceedings? is that different from immigration proceedings?
Finally, are tbe proceedings for removal, rescission, deportation, or ‘other judicial proceedings’?
You are now in immigration proceedings, so the answer is “yes”. Also, these are “removal” proceedings. You should talk to a lawyer before you file the I-130, and you should not file the I-485 at this time. Now that you are in court (even if you have not actually gone to court yet), the procedure for a marriage-based GC is different. I am writing something about this and I hope to post it in the next week or two, but the short answer is that you should talk to a lawyer to help you through this procedurally. If you cannot afford a lawyer, check back here and maybe the new posting will help, but it is not a substitute for having advice on your specific situation. The good news is that, except for the bureaucratic annoyance, you should end up with a GC. Take care, Jason
Hi, could you help me find Pro bono or Low bono lawer for me as I already tried to contact to Pro Bono Associations and most didn’t reply me. And some reply me with providing me the same links I have already contact. My hearing date is on 22nd august at San Francisco. I already find out the Judge name as well. I Desperately need help.
Thank you
It is not something I can assist with, sorry. I did a post on September 22, 2016 that might help. Also, if it is your first time in court, the judge will normally give you more time to find a lawyer. Good luck, Jason
Weldone Jason
If asylum is denied can it result to deportation. If the person is still within the legal time of six months.
If you are still in status, it would not result in deportation. If you are out of status, you will be sent to an Immigration Judge who will determine whether you are eligible for asylum, some other relief, or whether you should be deported. Take care, Jason
Hello Jason,
Thank you for the good work you’re doing and for giving us hope .
Kindly clarify for me the below questions about individual hearing when one is referred to IJ.
1.Does this happen in a court room in front of the public or it’s just the judge, prosecutor , attorney and the applicant ?
2. Are derivatives ( spouse and kids) also included in the individual hearing?
Thank you.
1 – It is in a courtroom, but you can ask the judge to keep it private, and people are rarely there to observe anyway, so this is not an issue. 2 – If they were out of status at the time the asylum case was referred to court, they should also be included in the court case and have their own NTAs. Take care, Jason
Thank you Jason.
Hi Jason! I got a Notice of Intent to Deny on Friday. As I’m still under the 16 days to send a rebuttal and still under my non-immigrant status (entry expires August 12th), I will send a rebuttal document as soon as I can. Now I wonder, what kind of document this is? what should I put in it that I didn’t say before? Unfortunately I do not have newer or more evidence to support my case other than a couple of references and letters I get from people who are aware of my experience and/or have been through a similar situation. I’m somewhat crushed by this decision as I wasn’t expecting it, but I want to try this last chance to reverse this decision. Other question, is it safe for me to reapply after my entrance ends (on aug. 12th)? to see if it get referred to an immigration judge? I understand at this point the asylum clock is also over on this application. Thanks for your help!
@Jesus, I am so sorry for you. But do not loose your hope. and I am sure you can get a great answer from Jason. I think he is awesome.
My question for you is: how long did it take to get their decision?
Hi Ellie!
I started the process the 7th of march. Interview in April. Then I got that NID this last Friday. It was relatively fast. Thank you, I do hope Jason responds soon.
Thanks for your respond. I am in this process from October 2015. Had my interview in October 2017 and after 8 month no any decision yet.
God bless you and stay hopeful.
Read the NOID and do your best to respond to the points it raises. If it asks for more evidence, try to get whatever you can. That is about all you can do. If your case is denied, you can re-apply, but the procedure is different – check the I-589 instructions, but the main difference is that you file at the local office (where you were previously interviewed) and not at the Service Center. Also, if you re-apply, the asylum clock starts again from zero. Take care, Jason
Hello, i have a question, if my case got denied at the federal court and I ordered deportation do I get banned from entering the country because I overstayed my visa while waiting for my case? Will I be able to apply for green card based on marriage after being deported ?
If you are ordered deported, and you marry a US citizen and are eligible for a green card, you would first have to reopen the deportation case with the Judge or BIA. This is very difficult to do. If you leave the US, you will be barred from returning here for (I think) 10 years. In that case, you can apply for a waiver to return sooner, but again, this is not so easy. Take care, Jason
Hi jason, i wonder if you can help me find answers, My asylum case got denied at the BIA, how much time do i have before i get deported, usually court gives 30 days to appeal but this time because i can’t appeal it doesn’t say how long i have.
Thanks alot jason.
You can file a petition for review in the federal court and a stay of removal. You can also file a motion to reopen or reconsider. If none of those are options, you are supposed to leave. If you have voluntary departure, you should have an order from the BIA with the time frame. If not, I think there is no time frame, but you are expected to leave as soon as possible. Take care, Jason
Hi Jason,
My husband was indicted on federal charges and then deported. Our lawyer managed to bring him back to the U.S. shortly after deportation. He submitted an application for asylum and it was denied by an officer. We are now appealing to a Judge for his asylum case. Since he has served time for Federal crimes, do you think be has any chance of having his asylum approved? He has already been given a court date for his appearance.
Whether he can get asylum depends on the conviction – some convictions block a person from asylum (and obviously it also depends on whether he has a good asylum case). Even if he does not qualify for asylum, he still may qualify for Withholding of Removal and relief under the UN Convention Against Torture. These allow you to stay in the US, but they are not as good as asylum. Only a judge can give him these forms of relief; the asylum office cannot. So maybe if he does not get asylum, he can get something else. Take care, Jason
Hello Sir,
I have a question. I have been 2004 until 2013, when I have been deported, on 15 Nov, 2013. I have worked in Drexel Hill, Pa, for a Romanian, and he and 2 illegal Romanians reported me at ICE, because my case has been denied. After that BIA denied my 2 petitions, and one from outside US, by the same Immigration Judge. (when there is a backlog of 500,000 cases at BIA). It is strange to me, I assumed that ICE officer asked this to IJ, to deny my motions. I have filled 3 month ago EOIR-form 40, and I did not received an answer. I stayed in US 9 years. I did not broke any law in US. I have paid taxes, I am good moral character. Before to be deported on 15 Nov, 2013, IJ from York, PA sent me a paper that he want to review my case on 20 Nov, 2013, but I was already deported on 15. For these 5 days, IJ should have send that paper to the ICE officer, isn’t it, not precisely 5 days before, maybe 10 or 20 days? What I should do ?
If you have a case (and I do not know whether you do), you potentially could try to seek relief from the federal court and be returned to the US. You would have to talk to a lawyer about that. You (or a lawyer) could get a copy of your case by filing a Freedom of Information Act (FOIA)request, form G-639, available at http://www.uscis.gov. My guess is that this is a long shot, at best, given that your case was finished 5 years ago, but the FOIA is free and maybe once you have that, you will find something to help yourself. Take care, Jason
Dear Sir,
I would like to thank you very much for your answer. In fact I have had a case. I have worked for a Romanian in Drexel Hill, PA, and he and 2 other Romanian illegal aliens said something like I am a terrorist to ICE, and they take me out of the street, no explanation, and then deported to Romania. I assume that they acted in conspiracy to fraud immigration laws of US. I have made 2 petitions from inside US, and one from outside US, and all have been rejected by the same IJ from BIA, Neil Miller. How that is possible ? I have filled with Third Circuit Court and they denied because they do not deal with immigration matters. Then I filled with Supreme Court, and they did not pick up my case. I have sent to BIA EOIR-40 form, since 6 months, and I receive no answer. I did not broke any law of US, I have stayed in US 9 years. I have saw a Police Officer coming to the Romanian and taking money, and I ask: ICE officer Onix Rivera from ICE Philadelphia do not make the same thing ?Because in Drexel Hill, PA, there are 2 illegal aliens. I have been deported on 15 November, 2013, and on 20 November, 2013 I should have see a Immigration Judge, but I was already deported. I think this is an obvious case of conspiracy to fraud immigration laws of US. Thank you very much for reading. Gheorghe Gardu
Maybe, but I am not sure what more you can do about it, especially given that you were deported almost 5 years ago. Take care, Jason
hello Jason, i really need your advise
i applied for asylum on feb, i got my interview on may, and my case went to the court and i just got the master hearing date which it will be on Aug 31, i didnt get my EAD and my 150 days will end on AUg 22 a week before the court hearing my question do u think i`m able to apply for the Ead because my 150 days ended before the hearing ?
second question i have american gf and we planning to get married in a year there is no way we can get married before that so can i adjust my status before the individual hearing or what can i do ?can i ask the judge for more time if the hearing is too soon ?
thanks.
You can apply for the EAD once you reach 150 days, but you need to reach 180 days on the “asylum clock” in order to actually get your EAD. You can check the clock by calling 800-898-7180 and entering your Alien number (it is a computer, not a person). Press 2 and the computer will tell you how many days have passed on the clock. As for the marriage case, I doubt the judge would delay your case because you might get married in a year. I think you will have to pursue the asylum case in court, and you and your girlfriend will have to decide whether/if you can move up the marriage date to try to help your immigration case. Anyway, on August 31, you should receive your final hearing date, so you will have an idea about the time frame. If you marry before the final date, you probably can tell the judge and get the GC based on the marriage (assuming you are eligible). Take care, Jason
i have asylum pending case from feb 8 2017
now iam going to leave usa for emergency circumstances and i know it is wrong as much as return to my country but i have to do
my question is which better to send withdraw letter or leave without withdrawing ?
You can email the asylum office and ask about withdrawing. You can find their contact info if you follow the link at right called Asylum Office Locator. If you can withdraw, it may be somewhat easier to return to the US in the future if you ever want to do that. Take care, Jason
and what if i left without withdrawing ? is that affect my daughter if she want in the future to get american visa ?
If you do not or cannot withdraw the asylum case, you will eventually get an order of deportation, which bars you from returning to the US for (I think) 10 years. If your daughter is not part of the case, she would not be directly affected by such an order, but it could make it harder for her to get certain types of visas to come to the US (since her close family member got ordered deported). Take care, Jason
Good evening, Jason, you are the best Asylumist Ever!
A friend of mine lost her affirmative asylum case in the Immigration Court, then in BIA, Federal Court and today – in the Supreme Court: The petition for a writ of certiorari is denied.
She is from Russia where she was REALLY detained, tortured, persecuted, etc. Do you have any suggestions for her? Thank you!
If she has a basis, she could try to reopen the case. Was her lawyer ineffective? That can be a reason. Or if there are new developments in her case, that could be a basis to reopen. Maybe there are other paths. She should go over the situation with a different lawyer to see. However, in all likelihood, she is at the end of the road and will not be able to pursue other relief. She may want to leave on her own rather than expose herself to the risk of being detained and deported. If she leaves, she does hot have to go to Russia; she can go to any country that will give her a visa. Take care, Jason
Jason,
Considering the new rule of ‘last in-first out’ for the affirmative asylum interviews, would you say something has changed regarding the immigration court date scheduling, too?
Also, are there delays in master hearing scheduling or is that a standard 1-2 months wait?
Supposedly, the courts were gong to expedite cases that were referred under the LIFO system, but I do not know if it is happening, and I kind-of doubt it, as that would require a lot of rearranging of court cases, which I have not seen. As for the Master Hearings, the delays are very variable, depending on the court and the judge. Take care, Jason
Hi Jason, Thankyou cordially for doing such a great humanitarian service of helping asylum seekers. My question is does Persecution and threats on an individual because of intercaste marriage in India a asylum case ? What evidence would i need to submit if i would like to seek asylum?
Thank you in advance
It potentially could under the protected category of “particular social group” or maybe some other category. As to the evidence, it depends on the specifics of the case. I will post something about evidence in the next few weeks, so maybe check back then. Take care, Jason
Jason, your experience is benefiting so many I m glad. Jason when somebody is in removal proceedings the initial hearing can be how long from NTA. Can that period be shortened? Cause some people are saying it can take 2 years
Jason, your experience is benefiting so many I m glad. Jason when somebody is in removal proceedings the initial hearing can be how long from NTA. Can that period be shortened? Cause some people are saying it can take 2 years
You can try to expedite a case in court, though it is not easy and depends on the judge. I wrote about that on April 20, 2017. Take care, Jason
Hi Jason. Thanks for the above info.
I just wanted to ask that if immigration office denies asylum n ur referred to the court then do we still get the EAD to work while waiting for the decision?
Hi Jason. Thanks for the above info.
I just wanted to ask that if immigration office denies asylum n ur referred to the court then do we still get the SAD to work while waiting for the decision?
If the case is sent to court, you can continue renewing the EAD as before. Take care, Jason
Thanks Jason.
Last question please. How long is the time frame for the case in the court. Can it take years? I reside in houston.
It often takes a few years in court, but the time varies widely depending on the court and the judge. Take care, Jason
Hi Jason
I am a regular blogger here. We are no profit organization here in Florida. My question is we filled for EAD in October 2 till now it is not processed and it says “case was received” inquiry was put in till now no response. My question is how early can i file EAD if it expires in Dec 2018 when will be appropriate to file it.
You can file 180 days before the old EAD expires (if this is an asylum pending EAD). Renewals are taking 6 or 7 months, so maybe you will get a decision soon on the October 2 EAD. Also, remember that EAD renewals get an automatic extension for the old EAD. I wrote about that on January 25, 2017. Take care, Jason
Hi jason..
I want to change my lawyer…i am in new york city…you deal in new york city….i want to hire you….
I email you last week ..but no reply from your side..
Thanks
I think I replied to all emails from last week, but maybe I missed it somehow. My email is jdzubow@dzubowlaw.com – you can try again, but at this point, I do not think I would be able to take a case in NY. Take care, Jason
Sandy Khine is pretty good in NYC.
Hello, Jason.
Thank you for your posts, they are the source of the most helpful asylum-related info out there. We really appreciate it.
If you have time, would you please answer my question:
I just got an asylum approval today. My husband is in removal proceedings with his own asylum case. I am going to fill I-730 for him, but how to get him out of removal proceedings? He has his third Master Hearing in July. Is there any form or petition to withdraw the case and avoid the hearing?
Thank you!!
You can file the I-730. Keep a copy and make a copy of the I-730 receipt. He can give that to the judge, and (hopefully) either the judge can terminate the proceedings now or when the I-730 is approved. If the judge or DHS attorney will not do that, your husband will probably need a lawyer to help him. Take care, Jason
Hi Chynar,
Would you mind sharing your timeline? When did you apply and when did get interviewed please?
Hi.
I applied in June of 2014.
The interview was in June of 2017.
Officer told me I would get the decision by mail. I went to one interview only, no additional ones.
Approval letter was received yesterday.
Long wait but happy ending.
Good luck!
Great news! Congratulations and welcome to the USA, Jason
Thank you for replying and good luck in your endeavors
Hi Chynar!
Would you mind sharing also your asylum office?
Thanks,
Hi! Sorry I didn’t mention it – Chicago Office.
Chynar,
Congratulations! during the waiting time, have you contact them to ask about the decision? have you done any action?
Thanks Sue, this was really useful!
Hello Jason, Thank you for all your posts.
I have a question. I am on asylum pending for about 2 years. Can I travel to Hawaii, Carribean (which are the US territories) with my driver licence? or I need to get AP? And is it save?
Thank you in advance
Hawaii is probably safe (as long as the plane does not stop in a third country on the way), but the Caribbean is not – you would need AP (the one exception that I know of might be Puerto Rico, but I am not sure about that and I would not go without AP). Take care, Jason
[…] Your Affirmative Asylum Case Was Denied. Now What? (Part 2: Immigration Court and Beyond) (The Asylumist, March 2018) [text] […]
Jason – everyone
Can anyone help me out. I want to petition for my husband but really don’t know how to do it.i have seen the i-730 form online but I don’t know whether I have to print, fill it out and post to the given address or I have to do the application otherwise, maybe online which I don’t know if possible.
Also don’t know if any of my documents should accompany the application.please help
If you won asylum, and you were married at the time your case was granted, you can petition for your husband within 2 years of the asylum approval. You would just have to ready the I-730 instructions to know what to do. Or you could hire a lawyer to help you. Maybe you can find a free lawyer – I wrote about that on September 22, 2016. Take care,
Thank you for the corrections! Updated. =)
Hello Jason,
i have a closer friend, her situation is so complicated, she is on asylum status, case pending since 2015, waiting for interview. now she has a lot of problem/ she basically homeless sleeping from friend house to f house with her daughter, he wanted to rent a place but it is so expensive, her father is dying, her husband can’t come to see her,
she wants to go back to her country and canceled the case can she does that? what will be the consequences for her please?
She can buy a ticket and leave. Once she is gone, she can contact the asylum office and provide proof that she left, and try to cancel the case (which is not as easy as it should be). You can find their contact info if you follow the link at right called Asylum Office Locator. Depending how the case ends, it may be difficult or impossible for her to return to the US for a period of years. Take care, Jason
Hi Jason
Hope you are doing well
I’m came to US few days back and came to know about the recent changes in Asylum system, apparently the made it more harder for new Asylum seekers to get their approvals, also approval percentage has fallen to 29% in these days, i need your expert advise that i also have Canadian visa too, in these circumstances should i apply in Canada or US for better results.
Your kind advice will be a great help.
Thanks
You can not apply asylum in Canada if you landed in USA first.
Condition that you are talking about only apply if we claim asylum at the port of entry
There are some exceptions to that rule, so the person can talk to a lawyer in Canada to see whether they apply. Take care, Jason
I wish I had canadian visa
You dont have to have canadian visa. You walk to the border where is no point of entry but where you can see police officers. They will ask you are sure you want to do it. You will say yes. They will take you to polic station and give you a a court date. Then you walk
I would be very careful about that. We have seen people who tried it and were returned to the US, where they were detained by ICE (and then hired me to do the case – so I have seen this first hand). Talk to a lawyer in Canada to make sure it is ok before you try to go there. Take care, Jason
Whether you can win your case depends more on your case than on the general approval rate – We still see good cases approved (we had three approved last week). I think you should decide to apply wherever you prefer to live. If you want to go to Canada, talk to a lawyer there before you go, as there may be some restrictions on applying for asylum in Canada if you were in the US first. Take care, Jason
Thank you Jason
Hi Jason
How long did it take to approve the 3 cases from last week and from what date are those cases from ?
Did you have cases interviewed or now any one how had an interview that was accepted from January 1-15 ?
I really don’t remember – one was in court in Texas, and that took maybe two years all together. One was in Newark, and that was filed in 2014 or 2015, and the third was in Virginia, and I think it had been filed in 2014 (and she had two or three interviews). My law partner filed a case in mid-January, and that was scheduled for an interview and then rescheduled. I think the interview has not yet happened. Take care, Jason
Tnx Jason.l
Hi Mr. Jason,
My asylum application submitted on March 2017 to New York office.
1. You can assume when should we receive a call for interview with presence of my family?
2. Do I need to bring the entire evidence from home country and will it required to Notary and Foreign Ministry approved translated documents from Bangladesh or to be here?
Thanks for your helping from Asylum seeker.
1 – I do not know. They changed the system and it will depend how they move through older cases. It is not yet clear how they will do that. 2 – You need to submit all evidence according to the rules of your office (in my office, we submit two copies at least one week before the interview). Anyone who speaks both languages can do the translations, as long as they provide a certificate of translation. You do not need something from your Foreign Ministry. Take care, Jason
I submitted my case in December 2017, got a receipt the same month, did my biometric in Jan 2018, and have since been waiting interview. I read that USCIS is working on December 2016 and December 2017 cases. They are almost completing those cases and I have not recieve letter for an interview yet. If those cases for the above dates are done without my case been done, what can I do if they passed and start working on other cases submitted for other months? Is it that they had sent me invitation for interview but I did not respond or attend? Is it that there may be a problem with my case? Or is it normal to pass some cases submitted for months that are currently been interview? And do I have to wait for all other cases before or after me to be interview before my case? Lastly, will they accept my application for EAD if I apply after the 150 days waiting period?
No one knows exactly how cases are being processed, and it varies by office. I wrote about that on February 28, 2018. If you think they passed over you for an interview, you should contact them and inquire (of course, make sure your case is complete and ready to go). You can find their contact info if you follow the link at right called Asylum Office Locator. As for the EAD, after 150 days have passed, you can file for it. Take care, Jason
Hi Jason I have a question,I’m pending asylee since Aug 2015 and I need to travel to third country to see me family members but my passport is expired and heard renewing passport is not a positive sign,so I know about little bit I can apply for advance parole but a question is can I travel only on AP? If not than is there any other way I can travel.
Thanks much.
You could try to expedite your case – I wrote about that on March 30, 2017. If you win, you can get a Refugee Travel Document, which works like a passport (but all countries do not accept it). Otherwise, your only option it AP + renewing your home-country passport, and – depending on your case – this could create problems for the case. Talk to a lawyer about the specifics to understand whether it will be a big problem, but generally, if you fear terrorist groups (and not your government), it is less of a problem. If you fear persecution from the government, it is more of a problem. Take care, Jason
Good morning Jason
Thank you for the wonderful work you have been doing through this medium for asylum applicants/asylees. Your writing on decision this month came at the right time for me because I just received a denial mail from the asylum office yesterday. I called the number on your write up and I was told they schedule us for April 19,2018. We applied for asylum October 2013 at the Los Angeles asylum office and we had two interviews( December 2016 and October 2017). In the second interview, we were grilled about the money we paid when my husband was kidnapped and I was made to signed a writing statement that I paid a ransom and the officer called a witness to witness my statement before I signed. We were thinking our case is being delayed because of material support but alas when they sent the letter of denial last night, they said we were being denied because of some inconsistencies in our interview and writing statement and they never made mention of the material support. My questions are
1, Does it means that we were not classified under material support because the money we told them we paid as ransom was substantial or is it the norm for them not to mention material support in the denial letter?
2, or is it a blessing in disguise that, we were not classified under material support because from your previous write-ups, I understood that material support claims are very hard to win even at the immigration court?
3, Lastly, do you think they are following the new rule of LIFO in the immigration court considering that we were giving our first hearing so quick in Los Angeles despite the huge backlog at the Los Angeles immigration court?
Thank you.
Master hearing is just to inform you the schedule of your individual hearing so we may not know if they are really applying LIFO until your master hearing. If your individual hearing is scheduled quickly( I highly doubt that may happen) then it is LIFO for court without even announcing. However, Master hearing was typically also slow (my friend got it in 10 months after referral) and yours is scheduled for the next month. This at least explains that Trump admin is working towards LIFO for latest court cases too. But court cases are not easy to deal with. unlike asylum cases, most court cases are already scheduled and most judges don’t have any slot left until beyond 2020. Applying LIFO to court cases means cancelling all the previous schedules and creating even bigger mess. so , the people who are in court backlogs will stay forever…
Please inform us the date of your individual hearing when you have one. Thanks!
I will as soon as I get it
1 – I do not know. If you paid money, material support is likely an issue, and you certainly want to address it in court. Hopefully, you will have a lawyer to help you, as that can be a difficult issue. 2 – Just because they did not mention material support does not mean that is not an issue. I think you have to consider that moving forward. 3 – I don’t know yet, but it would not apply to you, as you filed in 2013; it would only apply to cases filed recently and referred to court. Take care, Jason
Hi Jason,
My husband is a derivative Asylee and obtained a RTD but he had to use his national passport to travel to a third country to visit his sick father. My husband and I are from different country and he does not fear returning to his country nor is he related to me case. Is RTD is valid; what is the likelihood of him getting in trouble when he comes back for using his national passport?
Thank you very Much!
I do not see why that would be a problem – he is a derivative and is not afraid of his home government. I would be surprised if this caused any trouble (though Border agents often seem to not know what an RTD is, but that affects all RTD holders). Take care, Jason
Hi Jaso, thank you for your response. It’s very reassuring. I was concerned that the principle of “availing ” yourself to the protection of your home country might be an issue, even for derivatives who use their national passport. Coming back and present a RTD with no stamp on it might trigger questions.
I was also wondering, in cases when the CBP officer initiates step to terminate Asylum, my understanding is that they put you on removal proceedings before a judge. Does that mean they’ll detain you?
I am not saying the risk is zero for dependent asylees, it is just lower than for principals. We have seen dependents travel and return safely, but these days, it is difficult to predict how things will work, because the government is always changing. If they want to take away asylum, usually the first step is to have a termination interview at the asylum office, and then the case goes to court. If your asylum is terminated due to a crime, you could be detained. Take care, Jason
Hi Jason,
Thank you for all these posts, we really appreciated everything you have done. Your posts have been really helpful for us since we applied for asylum in 2013. After that, We have waited for more than three years and been scheduled for an interview in 2016. And we waited another two years, finally there is a letter from asylum office but it said it’s not granted. So the whole process took us almost Five years and now it is denied. It’s very depressing, we don’t know what’s next for us. But still trying to live our lives. I have some questions regarding our current status; 1. Our driver’s license is expiring soon, what we need to bring DMV to renew it? Can we still bring finger print (I-797) form? 2. Is it fine to change our lawyer for the court or it is better to keep the same lawyer? 3. Can we renew our EAD whit this status?
Thank you in advance
Setanna
Hi Setanna, sorry for this situation. Hope you get granted in the court. Do you mind sharing your country of origin and which office was your case pending at?
1 – If your case was referred to court, you should keep your EAD (or renew it) as before and you should be able to get a license. 2 – You can change your lawyer any time. That is up to you. 3 – Assuming you had an EAD based on asylum pending and you were referred to court, you can renew the EAD as before (but in addition to the other evidence, include evidence of the court case when you file to renew). Take care, Jason
Hello Jason
I am an asylum seeker my application is pending still. My son who is 7 years old who is citizen of us as he was born here; he ll be travelling our family close friend to my country of persecution. Indeed I am not travelling. .is there any possibility that I can be questioned on my son trip home during the interview. How can his trip affect my asylum application. It ll be his first time to meet extended family
You can be questioned about it. It may have no effect, and it would depend on the case. If you claim that your whole family faces persecution, for example, them his trip to your country is more significant. If the danger is only to you, and not your family, then his trip is less significant. Take care, Jason
Hello Jason!
I have a question regarding denying cases for LGBT people from countries like Saudi Arabia , Yemen or Ghana. Is it possible for an asylum officer to deny a case based on the fact that the person who applied for asylum based on sexual orientation is closeted in their home country(out in US)? These countries are extremely hostile toward LGBT people to the point where being out is not even an option.
Thank you!
I suppose it is possible, but if you demonstrate that you are gay and from a country that persecutes gay people, you should have a good chance of winning asylum. Take care, Jason
Hello Jason thank you so much for all these positive posts.
I have a question
Last year we had our interview in October and December my wife & I and our decision is still pending.
Yesterday my wife called them and they answered that our case is under review. What that means?
I think it means nothing. It is just their way of telling you that they do not yet have a decision. Hopefully, you will get some good news soon. Take care, Jason
Thank you so much for your positive answer
Hi Jason and all,
Do the USCIS send advance parole to a third country, if you leave the US before issuing the advance parole?
You would have to check the instructions to form I-131, available at http://www.uscis.gov. They do that for some applications, but I am not sure whether AP is one of them. Take care, Jason
Hello jason
Is it possible to get an approval or RA and the Z# still doesn’t recognize ?
your Z# will be recognized after final approval. RA doesn’t change anything.
I think so. I only think the Z number can be found on the USCIS website if the case is approved, and even then not always, but I am not checking that, so maybe others know more thank me. Take care, Jason