Before founding Stilwell & Slatton, Victoria Slatton worked as an Asylum Officer at the Department of Homeland Security. As a former employee of USCIS, she has an in-depth understanding of the United States immigration system and is a passionate advocate for her clients in private practice. Her full bio can be found here.
Contact Victoria Slatton at victoria.slatton@ssimmigrationfirm.com. To schedule a consultation with an immigration attorney at Stilwell & Slatton, visit our website.
It’s been a year since I left my former position as an asylum officer and switched to private practice. As a former officer, sometimes it’s hard for me to balance my inherent urge to zealously advocate for my client during an asylum interview with my knowledge of how my actions will be perceived by an asylum officer. To address these concerns, I’ve compiled a very basic list of information I think will be helpful for attorneys during an asylum interview.
- Go Over the I-589 With Your Client Before the Interview
Every officer has her own way of handling I-589 updates, but I personally preferred it when attorneys had changes to the I-589 already written out and ready for me to go over. You don’t have to redo the entire document. Instead, simply type up the changes in an organized Word document and respectfully ask whether the officer would like a written update to help subsidize their I-589 review. Some might say no, but others will be very grateful.
This was helpful to me for two reasons. First, it showed me that the applicant wanted to be upfront about the mistakes in his claim and had every intention of being forthcoming. Second, it saved me time, in that I did not have to ask repeatedly how to spell names of family members, addresses, or seek clarification from applicants over specific dates that might be confusing. Especially if your client has an interpreter, written updates could easily save an officer a precious 20 or 30 minutes in an interview. I was always grateful when attorneys took every step to respect my time.
- The Interview is About Your Client
It is very frustrating to sit back and watch your client struggle to answer a question he doesn’t understand, especially when you know he has a perfectly reasonable explanation and simply cannot communicate his response due to nerves or a language barrier. However, interjecting yourself into your client’s testimony to clear up a discrepancy is generally not going to do your client any favors.
Officers almost never factor in attorney interjections when making a decision, and sometimes it can prevent your client from saying what the officer needs to get on record. When I handed my supervisor my interview notes, I wanted it to be clear that the applicant was forthcoming in his responses and understood my questions, not the attorney. Unless a conversation is truly going off the rails and you feel it is necessary to recenter the discussion for the sake of your client, I would highly suggest saving these remarks for your closing argument.
- Have a Copy of Your Client’s Evidence in Front of You
One of the few times you should interject in an interview is if the officer asked for evidence that has already been submitted. Officers don’t always have time to review the file in depth before an interview, and might not truly understand the nature of everything that has been submitted. Therefore, if your client is asked a question about why a certain piece of evidence wasn’t brought forth, it is very helpful and appropriate to respectfully direct the officer to the exhibit in question.
- Make Your Closing Argument Short and Concise
Generally speaking, for an asylum officer, the closing statement will probably be the least important piece of information in the record. Officers understand the nature of zealous advocacy and know that you will already have an inherent bias to protect your client. Now that I’m in private practice, I try to keep my closing argument to under three minutes and maintain a level of respect for my officer, even if the interview has been particularly frustrating.
I usually use this time to address inconsistencies in my client’s testimony and to explain how I think the client either misunderstood the question or point to pieces of evidence that might help the officer paint a clear picture of what happened. For example, I recently had a client who stumbled over his timeline and incorrectly quoted a few dates. The officer questioned these discrepancies and I kindly explained at the end of the interview that my client used a different calendar in his home country and often became confused when recalling the specifics of his timeline.
Lastly, I will make a short statement about why my client meets the definition of a refugee. I try to keep this to a thirty second monologue. Closing statements are an art, not a science, and I tend to focus on different legal aspects depending on the case. It is important to remember that not every legal aspect of the case needs to be defended at this point in the interview.
Hello Jason,
Could you explain to me the word BID in file?
Thank you
I do not know – maybe if you gave me some context? Take care, Jason
I applied for an asylum had my interview on 28 of November 2018 was told my result will be mailed in two weeks time behold I got an invitation for a second interview after three weeks, can you explain this please.
Sometimes, they forget to ask some questions or the supervisor has additional questions for you. Second interviews are not all that common, but they happen sometimes, and it is not very out of the ordinary. I would prepare as you did for the first interview, and I would try to review what happened at the first interview too, as you do not want to say anything inconsistent with your first interview. Take care, Jason
Hi Jason,
Thank you so much for taking time and replying comments.
I’d love to apply for religious asylum case in two months after I get baptized. I’ve been in the US since Sep 2013 as a grad student. I’ve heard we need to apply within 1 year after we entered the US. so it means if I apply I’d get rejected? for me, the process to convert to Christianity took so long so I wasn’t able to do it in 1 year.
Thank you so much looking forward to hearing your opinions!:)
There are exceptions to the one-year bar. I wrote about that issue on January 18, 2018. Take care, Jason
I am doing master in the USA. I have a F1 visa and would like to apply for asylum in California. I have two nationalities of country X and Y. I was born and raised in X nationality. I got Y nationality because of my parents. I never have been to Y country. The problem is that I did not report/note in the USA visa application that I have a second nationality because I thought country X is my country and the country Y is the country of my parents. I would like to disclose this information to USCIS as it is important in my case. However, I am worried that exposing country Y information will damage my credibility and will mark my application for the fraud. I am extremely afraid that they will arrest me for hiding my second nationality even though I consider country x is my own country only. will it bar me for applying for asylum?
I do not think you would be arrested for this. I do think you need to disclose it, and you can explain why you did not mention it before (you thought it was your parents’ nationality, not yours). This does create issues, as you need to apply for asylum from both countries (if you really have citizenship in both countries), which may be difficult. You might want to discuss this with an attorney, as questions like this are tricky and are specific to the countries in question, and the person. Take care, Jason
Dear Jason,
I am a dependent of my husband case. We had an interview in Feb 2018. But now I am filing for a divorce due to his abuse and TRO in place. I was with him when we had an interview.
Now I want to know can he will be able to remove me from his asylum case or only after a final divorce? Thank you!
I believe he can remove you from the case at any time, but once you are legally divorced, you are automatically removed from the case, even if asylum is granted (in which case, you would need to reapply yourself nunc pro tunc – talk to a lawyer about that). You may want to consider filing your own case if you have a fear of return, in order to protect yourself. I would talk to a lawyer about that, as it may depend on many factors. Take care, Jason
I applied for asylum in April 2018, went for interviews on 24 May 2018 and promised decision in 6 weeks, I don’t EAD yet. Suppose there is a delay in their approval I’m I right to apply for the EAD after150 days from the notice of application. In case of denial and go for appeal will it no possible to apply for EAD after denial from the asylum officer?
If there is no decision, or if the case is referred to court, you can apply for an EAD based on pending asylum (assuming you reach 150 days). If you receive a final denial (meaning you are still in lawful status and are not being sent to Immigration Court), you cannot get an EAD. Take care, Jason
Dear Jason
MY ASYLUM CASE was applied in March 18, and and at the moment my case has been addressed to a judge with date TBD. So very shortly I’ll have to appear before a judge for my asylum hearing. I’d like to mention that I missed my date for interview with AO because I had flu, and my letter sent out to them either was received late or not admitted as a “good cause” and hence instead of reassigning a date with AO I am now to appear in front of a Judge. In the mean while I have a girl freind (American born citizen) who is ready to get married to me. A few doubts if you can clear
1. Is there any possibility (.0001%) of getting deported (at all) on the day I have to appear in front of the judge on the forth coming date( since I failed to appear for my interview with Ao) given the strict regime under Mr Trump.( I entered USA under valid visitors visa in September and applied for asylum within 4 months of my allotted 6 month stay)
2. What is the consequnce of not appearing in front of the judge on the stipulated date
3. Can I apply of change of status after getting married ( even though my case is pending with asylum and also inform the USiCS and hence have my asylum case withdrawn
1 – I have never seen such a thing, as long as you show up and indicate that you want to pursue your case, you should not be deported or detained (I wrote about the process on March 7, 2018 – maybe that would help). 2 – You will be ordered deported. 3 – You can do a marriage-based GC case once you are married (and/or the asylum case). You should talk to a lawyer to make sure you are eligible, but from what you wrote, I think you should be able to do it. Take care, Jason
hello, I have a question
I Filled my asylum application on march 2016 in new York asylum office .
what is the expect time to get my interview ?
No one knows. Under the LIFO system (I wrote about this on February 28, 2018), 2016 cases will not be interviewed any time soon, and I suspect the wait will be years. You can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Dear Jason, I appreciate your unreserved support for people like me by providing us with relevant information.
I am scheduled for interview tomorrow. My husband is included in the application. Does the AO interview both of us together? If the officer is asking my husband alone, will he/she ask him questions about what happened to me when I was imprisoned?
In short, what type of questions will they ask him?
I would appreciate if anyone could share your experiences.
Thank you.
Normally, the interview people separately, and normally, they do not ask many questions to the dependent spouse. However, some officer interview people together, and it is not uncommon for them to ask the dependent spouse some questions about the case (or even many questions). It is important that you are both familiar with the case, as you do not want to give contradictory testimony when you are questioned. I wrote a post about asylum interviews on September 8, 2016 – maybe that would help. Good luck tomorrow, Jason
Thank you, Jason, for your prompt and helpful response to my questions.
Hi Jason,
I would appreciate your response to below situation.
I have a case pending with Chicago Asylum office since 2014; got interviewed in mid-2017. But I did not receive any decision.
Since I left my country in 2013, my brother had to leave there too a couple of years after me due to the similar threats that he received from insurgents and filed for asylum in Germany. When I appeared for my interview, my brother’s case was still pending in Germany. I mentioned my brother’s name in the interview and told the officer that he left the country in order to point out further evidence that situation is not safe in my country for me or people like me (I also submitted a copy of his German identification, indicating he was pending for asylum application).
Fortunately, yesterday, my brother received asylum granted in Germany. Do you think I should/can submit a copy of his asylum approval to the Chicago office since my decision is still pending for more than a year? Do you think this will help my case? If yes, what is the best way to file such evidence (i.e. should I stop by the office or ask my lawyer to file it)?
Thanks in advance.
I think you should inform them about your brother – you (or your lawyer) can scan and email the approval document (and English translation if needed) to the asylum office. You can also ask for an update about the status of your case. You can find their contact info if you follow the link at right called Asylum Office Locator. You could also drop this in person. Either way, make sure to coordinate with your lawyer so you are both on the same page. Take care, Jason
Hello Jason,
I am filling asylum 5/31/2014 at Chicago Asylum Office and interviewed on the 08/18/2017 at Minnesota; Minneapolis –St. Paul Field office. The interview went well and I was confident enough to get the decision in a couple of weeks. However, I didn’t hear anything from them yet and send mail in January 2018 and told me still my case is pending. What can I do to move forward?
There is not a lot you can do that helps. You can email the Chicago office to ask about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. If that does not help, you can make an inquiry with the USCIS Ombudsman – a link is also at right. If that fails, you can talk to a lawyer about a mandamus lawsuit. Take care, Jason
Hey Remina, applied in early 2014 and got an interview in April 2017 in the same office. No decision yet; inquired 4 times so far but no result.
Hey Remina,
Me too, I got an interview in october 2017. No decision yet.
hi jason
anything new in arlington ? i applied july 16
did they stopped the short list?
thx
The short list is still going. Supposedly, they are following LIFO, but it seems that things there are slow. Take care, Jason
Hi Jason,
Could you please provide a sample of shorlist request letter?
I have no such letter. My local office (Virginia) has a form – you can contact them and ask for a copy of the form. Other asylum offices may do it differently. But you need to contact your local office and ask how to get your name on the short list. Also, not all offices have short lists. Take care, Jason
Hi Jason,
I reached outto them and they have asked me to send a written letter. So I was not sure about the formatting.
There is probably no particular format – just tell them what you want and make sure to include your Alien number and receipt number. Also, your full name, date of birth, date the asylum case was filed, country of citizenship, and any other info you think they should know. Take care, Jason
Hi Jason
I have a very different situation.
We are here in the USA for about a year and half.
We are on an asylum case. Recently I have had a domestic violence case and my husband is the defended.
We had two court dates one at a family court and other at justice court.
We decided to stay together again as this happened in such a sudden situation. And friends and family are shocked.
I have been going for court dates with him. The next hearing is on 10 September and we are given an attorney to represent us in courts as we do not have funds to hire an attorney. My question for advice is that will this affect our asylum case.
We are still waiting for an interview.
At the moment we are focusing on resolving the current case the attorney has told us to go back to our lawyer for the asylum case and speak to him for advice. I do not want to speak to him as he is not a very understanding lawyer and probably hoped that we had a situation like we are currently in.
He was hired and paid for filing our papers for work permit and social security however I do not want him to represent us on the day of the interview, we will be looking
For some other attorney.
How do i go about solving this, should we only speak to the attorney who is given to us by courts?
This attorney has asked him to plead guilty that he did hit me and so avoid 180 days jail terms they will ask him to serve communitu hours 48 and then attend some classes at our expense.
He is ready to do it to avoid further complication.
However, i just wanted to let you know that he the main applicant on the case for asylum. We are his dependents. Will it be a problem at the time of interview?
Will we be given any negative result. Please advice as much as you possibly can, as it is hard to find someone trustworthy and honest as you as an attorney. Thank you!
I think if he pleads guilty or is found guilty it will have a strong negative affect on the asylum case, and I suspect it is very likely the case would be denied. You should make sure that the attorney for the DV case (or some attorney) researches the effect of a conviction on the asylum case. Also, if you have your own fear of return, you may want to file a case on your own, as the principal applicant. That way, if he is denied due to he conviction, you can still win (and if you win, and you want to, you can make your husband a dependent on your case so he can try to get asylum too – based on you, even if he does not qualify for it in his own right). I do think you need to talk to your immigration lawyer about this, and if that lawyer is not helpful, try to find a new lawyer to help you. Good luck, Jason
Mahek, file your own case and leave this man with his domestic violence issues and failing case.
I know very little about your situation to give this (unsolicited) advice, but a man hitting a woman is the beginning and the end of the story — I feel the same way about women who assault their men, by the way.
I hope you win your case, and hope he does some jail time here before he loses his. That should mellow him out so he doesn’t think about doing this to any other woman again.
This is also something to consider – you certainly do not have to remain with this man in order to continue seeking asylum (or other relief) in the US – talk to an immigration lawyer to go over your options. Take care, Jason
Hello Jason
Thank you for the support and effort regarding this blog.
I have a question: I did my interview in Newark three months ago, the officer said that a decision will be sent by mail within 2 weeks, until now nothing from them.
Does a denial requires all this time? Or they are still working on the case?
I heard decisions are taking sometime a year, but why? Is it a background check?
Thank you
Decisions are often slow, and the officers often give a time frame that is not accurate. I think you cannot really know whether a decision will be good or bad based on the wait time. We have had delayed cases that were granted, and others that were denied. Since you have been waiting a while now, you can contact the Newark office and inquire about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason, I just received an intent to deny asylum notice today. The reason is inconsistencies in my application. The thing is most of these inconsistencies are because I had someone file asylum for me and he made several errors. I however, told the asylum officer that I filed it myself because I was advised against said I had someone help me. Now I have to write a rebuttal in the next 10 days and I am not sure what to say. Thanks in advance
The bigger mistake was not informing the asylum officer that someone assisted you with the case – whoever gave you that advice clearly had no idea what he/she was talking about. I don’t know your full story, so it is difficult to advise you, but in general, when we see a situation where someone did not tell the truth, we advise them to tell the truth now and try to correct the problem. So one approach would be to state that you had help with the application and explain why you did not mention that at the interview. I think the case will likely be denied if you do this, but maybe not, and at least you will have set yourself up for any future efforts to correct the problem (if you re-apply for asylum later). In any event, if you try to continue saying that you did it yourself, I do not see how that will result in a grant either, so my vote is to come clean and hope for the best. But again, I do not know the case, so you may want to talk to a lawyer to go over the specific situation. Take care, Jason
Hello,
If person is an arriving alien in detention center seeking for asylum, and has approve I-130 already, (based on marriage with US citizen) does it make sense to file adjustment of status as well while asylum case is going on, would that help for asylum hearing that I-485 is pending? first we are still trying to release him on parole. They denied first parole and now sent additional papers for reconsideration. Also do you work with Louisiana cases? or do you know any good lawyers there?
Thank you for your help
If he entered lawfully, he may be able to adjust status, but it would depend on the entry (and he would need to be otherwise eligible). I do think you should have a lawyer to assist with this and to help get him released, if possible. I would not be able to do a detained case in LA, and I do not have anyone there to recommend. You might try http://www.aila.org – there are attorneys listed for all areas of the country. Take care, Jason
Hi Jason,
Do you have an office in san Francisco area?
If not, Can you tell us where to look for good lawyers for affirmative asylum cases?
Thanks,
Tori
I don’t have an office there, and I do not have a lawyer to recommend there. You might try contacting the University of Hastings, Center for Gender and Refugee Studies. If they cannot help you, maybe they can recommend someone. Take care, Jason
Hi Jason, I would like to apply for advance parole so I can be able to travel in third country to see my cousin who is sick but I have couple questions:
1. If I’m granted an advance parole do I need to use my
passport?
2. If yes: my passport is expired I will have to apply for a new
one, does renewing my passport have any negative impact
on my asylum case? Thank you
1 – Yes. 2 – It could have a negative effect on your asylum case, so be prepared to explain why you did it. I wrote about Advance Parole on September 11, 2017. Maybe that would help. Take care, Jason
Jason IM Sorry If This is out of topic. I won Dv lottery yesterday, buy IM afraid cause i hv my parents applied for asylum, and the interview for sure They will ask about do you Have any relatives in usa or Who do you live with, and i cant lie about it cause i know that They know everything. my problem is i had my tourist visa and If i go to intrrview and get denied IM afraid that They will cancel my visa and blacklist me for ever. CAn you suggest me.something?
If you are in your country and you won the DV lottery, you should be able to apply for the green card, and the fact that your parents have applied for asylum should have no effect. I suppose the Embassy could find some other reason to deny the GC and then cancel the B visa based on your parents, but this seems unlikely, especially if you are over 21 years old. If you are in the US, you may or may not be able to get the GC – talk to a lawyer about the specifics of your case. Also, I wrote about the DV lottery on October 5, 2015 – maybe that would help. Good luck, Jason
Hey guys, please I need your help I won the dv lottery 2018 but I have an asylum case pending I need help
Dv lottery 2019 I meant.. But I have an asylum case pending
I wrote about this on October 5, 2015 and that post might help. It is often not possible to obtain the GC based on the lottery if you are already in the US with an asylum case pending, but it may be possible, so talk to a lawyer about the specifics of the situation to see what you can do. Take care, Jason
Hi Jason
Any update on NY office’s timeline? Are they following LIFO or processing old cases?
Thank you
God Bless
All asylum offices are following LIFO (for most cases) as their primary scheduling priorities.
However, depends on caseload and office policies, there might be occasional scheduling in FIFO order.
My prediction is for NY/ZNK office as # of Chinese applicants drop significantly, they might be able to work from both ends of the legacy queue. However, it’s still to early to see any patterns.
You may be correct if the number of applicants has dropped, but there may also be an influx of new applications as TPS and DACA are ended. We’ll see. Take care, Jason
Jason (not Jason Dzubow), how do you know that the number of Chinese applicants have dropped? Do you work in the particular USCIS office? Is there some kind of publication with this information?
I was about to ask the same thing!
No I’m not related to USCIS.
Yes the statistics are available at USCIS website just search asylum division stakeholder meeting in Google.
I knew many Chinese asylum seekers and I’m from China. I would not say all are fake but significant # are motivated by status and economical reasons. If I’m AO I would refer 95% of the Chinese cases at least. It huts those truely fear returning. Most of the cases I knew have almost identical stories. Even testimony letters from China are the same. You born a child in US, or posted an article online and somehow the police find your parents and know exactly what you are doing in the US. Haha. I would say if that’s the case CIA/FBI should be the one that worry about home land security!
It also might due to the fact that these cases will take longer to prepare now but obviously as you can tell from the numbers it’s pretty significant.
Some countries produce more fraudulent cases than others, and I have also heard about problems with Chinese cases. My impression is that the problem is less today than it was in the late 1990s, but there is no easy way to know. Also, I think it is kind-of ironic that the only modification to the definition of “refugee” under US law has come as a result of (mostly) anti-abortion Congress people who wanted to make a statement against the one-child policy in China, and that many of the seemingly fraudulent applicants have taken advantage of this change. Take care, Jason
As far as I know, they are following LIFO, but I do not have a new case there now, so I am not sure. Take care, Jason
Hi Jason,
I have managed to get a nearby country tourist visa. as my previous comment was “my wife and kids are in usa since 2013”.
in few months I will be at the usa border (canada/USA) trying to claim asylum.
If I claim asylum at the border and mentioned that my wife and kids are in USA.
what will be a risk on their case because they still waiting for interview that we dont know when it will happened?.
or should I just forget and claim asylum in Canada?
loosing Hope!!!!!!!
Thank you in advance
There is an agreement between the US and Canada that basically says you have to seek asylum in the first country you arrive in (so in your case, Canada). There are exceptions to the rule, so you might want to talk to a lawyer about that. Whether your application will have any affect on your family’s application, I do not know. But if the applications are all consistent, I doubt there would be a negative effect. Take care, Jason
Got confused about green card based on asylum status update :
4/4/2018 we received your I-485 application and fingerprint fees
4/13/18 Your fingerprint review competed
Then today my status change as 5/15/18 Your fingerprint review completed !
Is this automatic update every month ? Is there anybody got the same update ?
Thank you !!
I am not sure what it means, but my guess is that it is not important – USCIS often posts internal information about case processing, and it basically just means things are moving along normally. If there is an issue, USCIS will notify you. Take care, Jason
Hi Jason, I have a MCH this coming Thursday at colorado immigration court do you have any idea when I will be scheduled for the next IH in this new system, once again thank you for your advices it’s so helpful.
I have no idea – it is specific to the particular judge and his/her schedule. Take care, Jason
Hi Jason,
Hope you are doing fine. I have been reading the articles from the past month and honestly speaking your website encourages us all. I have filed my asylum case in the first week of December 2017 at San francisco asylum office. Can you please assume any month i will be hearing for my interview? Any guess? Your help will be appreciated sir. Thankyou.
Hi Bilal,
Have you filed for your EAD yet? I have read that some people had their interviews in April who had filed in December in SF as well, so honestly not sure, you may want to go in person and make an inquiry.
I suppose you could also try emailing them, which is easier than going, but they often do not respond. You can find their contact info/email if you follow the link at right called Asylum Office Locator. Take care, Jason
Yes sir ! i have already applied for a work permit. Means i should keep in mind this year for the interview ?
Have you received your ead card?
No sir. I have applied for EAD however haven’t got it yet.
I don’t know. Supposedly, under LIFO, the Asylum Offices will work backwards through their cases. If they do that, and as long as they are not overwhelmed by new cases, they should get to you soon. However, not all offices seem to be following LIFO in this way, and it is unclear whether they have the capacity to complete all new cases and work on the backlog. Maybe other asylum seekers will post here about when they filed and when they are receiving interviews. Take care, Jason
Hi Bilal,
Any updates on your situation? Have you received a notice for an interview yet?
When exactly in December did the asylum office receive your application?
I am in a similar situation. My case is pending as of 12/21/2017 at Houston Asylum office, but I have not heard from them yet.
Thank you!!
No sir, no response yet.
Hi Bilal,
Thank you for your response. I’m sorry to hear that. That is strange, however. I have been searching for comments on this website all weekend. I found four people so far who applied in December 2017 at the SF office and got interview dates.
That is why I asked when did the asylum office receive your application? Did they send you a “notice of receipt”? You might have to follow up with them.
Thank you and keep us updated! 🙂
Hi Jason,
I have received my green card based on asylum and currently I have a valid travel document as well. My mom is seriously sick in my home country and she is in intensive care, she can not travel abroad, I really need to go and visit her, do you know if there is any way for me to travel just for a week and visit her and be back, can I justify this travel later on, knowing that she is in intensive care right now?
p.s. My asylum was due to the fear of insurgent group not because of persecution of ruling government.
I really appreciate any comments/suggestions about this.
What country? If you are from an African country or any country where you can go to another country and travel with another transport where by your passport won’t be stamped. Eg my country is Togo, but when my sister wanted to go for my grandfathers burial she traveled to Ghana and took a bus to Togo and she came back safe to the USA and she’s hasn’t had any problem. This was befor e this administration. So if there’s a way if not I don’t know
One issue with this plan is that you have to indicate which countries you visited when you apply for citizenship (form N-400). If she lies on the form, and somehow that info is discovered, she may face real problems. Take care, Jason
If you return to your country, even with a GC, you risk problems with USCIS. They might conclude that the original asylum claim was fake. If you must return, keep the trip short, have evidence about why you needed to go back (your mother’s medical record, for example), how you stayed safe, and be prepared to explain the trip. Take care, Jason
Hey jason i hope you donig well after i waited 9 month after interview uscis they send letter today for 2nd interview in jn asylum office what is that does it mean what they gonna ask me again is that normal ? Thanks jason
Any one experience can answer for me thanks ?
It happens. You should prepare for the interview as if it were a first interview, and try to recall any issues from the first interview too, as they have notes about that and can ask you. Good luck, Jason
Hi Janson and all the Asylum community here,
After more than 2 years of waiting I was interviewed in January and now it has been more than 4 months waiting for a decision, It is depressing and frustrating. has anyone get a decision from San Francisco office please share your timeline if possible. I have called and emailed 3 times but the response is standard ” no decision yet”. and is there any way to expedite decision?
Thanks, Jason for providing us this platform and answer our questions!
Hey solxp,
The wait is very frustrating. Unfortunately, it seem so like there’s not much to be done if you’ve “only” been waiting 4 months. I say “only” because I know that every day feels like an eternity when you’re waiting on the decision with no end in sight. As far as the USCIS is concerned, however, 4 months is not long and doesn’t warrant any action like filing a lawsuit. You just have to keep waiting and try not to pester them too much with phone calls and emails. Maybe give them a call at 6-month mark, but that won’t expedite the decision either.
Hope you get it soon.
There is really no way to expedite a decision. Aside from making inquiries, you can try the USCIS Ombudsman (a link is at right). If that does not work, you can try a mandamus lawsuit – talk to a lawyer about that if it comes to that point. My (limited) experience with the SF office is that they are pretty good, and so hopefully you won’t have to wait too much longer, and hopefully you get a good decision. Take care, Jason
Another option that has worked for our office with the Arlington AO is to contact your local senator – we have only done this in cases where more than 6-8 months have passed without a decision.
Thank you – We have tried it now and again, but without any luck (at least as far as I can attribute causation to these things). Take care, Jason
Hi Jason,
Do you think contacting a senator, stating depression for my kids and I will make a difference on a pending case?
If you ask to expedite based on depression, that may work (we successfully did it recently in Virginia – the person included a letter from a treating psychiatrist). As for the letter from a Senator, I think that will not help since you are just waiting in the queue with everyone else, but I suppose it can’t hurt either. Take care, Jason
Hi Jason,
I have emergency question I need to know what I have to do.my husband applied to Asylum and I won DV lottery.every thing is ok.we did DV interview and they approved us and we got green card.my lawyer closed our Asylum file and we received letter from immigration that our file closed.now my husband Dad very sick and he needs to see his Dad.we took decision to meet his family at nearest country to my country but when we start booking fly we surprised that we can’t enter any country with our passports because my country issued new passport.i need your advice me what I have to if go back to my home country only for issue new passport but we need ask immigration before do this step.we don’t need the US immigration thought we are lying about asylum.please note that my country one of 7 country of Trump ban.please help me my husband wants to see his Dad before any bad thing live.thanks
You can go back to the home country, but there is some risk that returning there will cause problems with immigration. You can try to minimize the risk by making a short trip, keeping a low profile while there, and keeping evidence about why you needed to go there (father’s medical records, evidence that you could not travel elsewhere due to passport issues). You might also want to talk to a lawyer before you travel to see whether there is anything else that can be done to protect yourself. My guess is that if you do these things you will most likely be ok, but there is still some small risk. Take care, Jason
If you applied for asylum in USA, can you still win the lottery and get a green card?
Maybe, but it depends on the facts of your case. I wrote something about this on October 5, 2015. Take care, Jason
Yes,I will do small travel.I asked at my country they told me the new passport needs 2 weeks.once receive it I will comeback.is it ok?
I have no idea, as I do not know the details of the case. I think you should talk to a lawyer to review the specifics of your case before you leave the US, as you may not be able to return. Take care, Jason
What’s the timeline of the Newark office?
They are following LIFO as far as I know. We filed a case there a month or two ago and the interview is this week. Take care, Jason
Hi Jason
Please help could you let me know if our family member wants to visit us here in the usa. Can they apply for a visit visa and come down. Also in the country they are applying from is it possible to state that we are here on an asylum case?
Or is it better for them to apply the visit visa just on their own.
Please advice
Thanks u
They can apply for a visitor visa. However, when a family member is seeking asylum, it may be more difficult for them to get a visa (if the US Embassy thinks they will also seek asylum here). Usually, this is more of a problem for spouses and children, and less of a problem for more distant relatives. If asked, they would have to say that their family members are seeking asylum, as the US government probably knows anyway. Take care, Jason
Hi Mahek and Jason
Based on my experience, I think they know and they ask. My parents didn’t get their visa. During their interview the officer at the embassy asked them only these questions: what is your relation to Sam? Is he in the US? Is he with his wife and child? My parents didn’t lie to any of these questions. They’ve got a denial even though they didn’t have any intention to stay in the US and they showed many proofs of their relation to my country like other children living there and many more.
This is only my experience
I wish you luck!
Sam
We can’t know for sure why they were denied, but it is very possible it was due to the asylum case. Also, even if they had lied, it probably would not have helped. My guess is that if the Embassy is asking these questions, they already know the answers and they would deny the visa if they thought you parents were lying. Take care, Jason
Thank you for your help.
I appreciate you writing here.
Thanj you for your response jason
Hi Jason ! I hope you been well all this time
Did you hear anything about timelines between MCH and Individual Hearing now this days in NYC
Please if you have any info let me know
I appreciate
Take care
I have not, and given how judge-specific the cases are, overall court statistics won’t help you much – each judge has her own schedule, and so you would have to ask around about your judge. I think nation-wide, cases are moving slightly faster, for what that’s worth. Take care, Jason
Hi Jason, my client MCH is scheduled for March 19, 2019. Her husband and younger son were not scheduled. Is that unusual? does that mean that they don’t have questions for them? We are in confusion please can you let me know.
I thought there weren’t any questions at the MCH. It’s more like an arraignment hearing.
Jason will clarify this, I’m sure.
Sara,
I wasn’t thinking along that line (whether there are questions asked at the MCH.) I am here thinking that it is usually the primary applicant who is interviewed or cross examined. While the derivative applicants are required to be at the interview or adversarial hearing in court, I don’t think that the “derivatives” are usually questioned or interrogated (the officer or judge may ask the “derivatives” questions if they want to.) Furthermore, like Sara intimated, a MCH does not require questioning in the form of an interview or adjuration process. I am thinking the notice usually goes to the primary applicant, and if it is an interview or adjudication process, the notice may ask you to take any family member you had put on your I-589 with you to the interview or adversarial hearing.
adjudication process**
The Notice to Appear often just lists the primary applicant and then there are other notices to appear for the family members. The court order, with the next court date, usually lists the names of all the family members in the case. Take care, Jason
Thank you – I think I did not get the question.I wrote about the MCH on March 7, 2018. That post explains what happens. Take care, Jason
If they were dependents on the case, they should have been scheduled as part of the same MCH (unless they are still in status). You might contact the DHS attorney (a link to DHS Office of the Chief Counsel is at right) to ask about this. Or, the whole family can all go to the MCH and you can see what the Judge and DHS attorney say at that time. Take care, Jason
[…] Asylum Interview Tips for Attorneys from a Former Asylum Officer (The Asylumist Blog, May 2018) [text] […]
Hi Jason,
I had applied for asylum in Arlington office in March 2018, but still waiting for interview inspite of the LIFO policy, Did you get interview for any of your clients applied in March 2018?
Thank you.
I think they slowed down also applied March no interview yet
We have a couple cases filed in March and no interviews yet. I think the interviews are coming, as that is the LIFO policy, but we have not been scheduled yet. Take care, Jason
Thank you
Hello Jason, I applied for asylum in August 2016 and was acknowledged in September 2016. Pressently, I am awaiting interview. What I want to know is if an applicant is allowed to sit for interview at the time of interview without a representative, though they applied with someone representing them?
Jamesetta
Jamesetta Sirleaf,
If by representative you mean a lawyer, then you can go to the interview with or without a lawyer, even if the lawyer had submitted the application for you and filled out a form that claims he/she is your lawyer.
Jason will advise you.
Whether you bring a lawyer to the interview with you is entirely up to you – whether you had a lawyer at the beginning or not. It is your choice. Take care, Jason
I was very excited about a position that I applied for. Few days later I was called for an interview. The introduction was great, and before going to my professional skills, experience, the recruiter asked me straight about my immigration status like if I’m a citizen or if I have a green Card. I answered that I have none of them, however I’m authorized to work. The only answer that I get back was, I would be glad to discuss further with you another time once you have your green card as you are not a citizen. I don’t have any problem of an employer doesn’t want to hire people with a work permit, but it would have been better to say in the job description that you are considering only these categories. Citizen and LPR people. That way people like me wouldn’t have to feel that embarrassed for no reasons, as you would be aware of the job requirements. I’m sorry that I’m talking about such subject here, but I’m just a little bit frustrated and didn’t know what to do.
Hello Hyme,
I am sorry this happened to you. It is imperative that you know that what the recruiter did to you is illegal (if the organization you applied to is not a government job.) Some government jobs are only reserved for citizens and or PRs.
The fact that you were called for the interview, and only denied because you don’t have citizen or PR status, shows that you had, on paper, what they were looking for. In other words, based on your experience and qualifications, which I assume you had put on your resume, you had met the requirements for the job. Showing PR/citizen status is not a requirement for the job unless the government dictates otherwise.
You should report this recruiter.
It was not a government position. I feel bad. Even that I’m currently working I think the approach was very bad and discriminatory.
I am not sure that the anti-discrimination laws are that strong – it is a good question, and this may be exactly right. However, I think there are a wide range of jobs that can legitimately require permanent status. That said, there are anti-discrimination laws that protect non-citizens. If you think that you were discriminated against illegally, you can talk to an employment lawyer about that. Take care, Jason
Hey Hyme,
I have been going through the same thing almost on a daily basis. At times, they even ask me to bring my EAD but once they see the annotation for employment only, they would automatically tell me to resort to them once I have my green card. You are not on your own man, we are all on the same boat.
What a disgrace……………
You are completely correct – it was a waste of your time and the company’s, and it needlessly raised your hopes. I guess the positive side is that obviously you are desirable as an employee, as the company liked you, and many companies will hire people with EADs, so hopefully soon you will be able to get a good job. Take care, Jason
Jason, Hyme and Broken,
I would want to imagine that there are some jobs- because of their very nature- that would be better filled by someone with a more permanent immigration status. And, it is also conceivable that these kinds of jobs are very limited or rare.
However, according to USICS (paraphrasing and citing the Immigration and Nationality Act), ” The Immigration and Nationality Act prohibits employers from discriminating against individuals based on their citizenship or immigration status, or based on their national origin, in the Form I-9, Employment Eligibility Verification, process. It is important for employers to develop, implement and enforce anti-discrimination policies, practices and procedures, and to ensure that all employees and their authorized representatives conducting Form I-9 verification on their behalf understand the rules. Employers should also provide them with appropriate and adequate education on employer responsibilities and worker rights.”
The USCIS’ website further concludes, “To prevent discrimination, the employer should treat all people equally when:
-Announcing a job
-Taking applications
-Performing interviews
-Making job offers
-Verifying the individual’s authorization to work
-Hiring the individual
-Terminating the individual’s employment”.
In addition, USCIS has made it clear that, “Employers must accept any document an employee presents from the Lists of Acceptable Documents, as long as the document reasonably appears to be genuine and to relate to the employee. Employers must not:
-Demand that an employee show specific documents
-Ask to see employment authorization documents before an individual accepts a job offer
-Refuse to accept a document, or refuse to hire an individual, because a document will expire in the future
-Refuse to accept a receipt that is acceptable for Form I-9 purposes
-Demand a specific document when re-verifying that an employee is authorized to work”.
USCIS went further by listing a class of people who are protected from “unfair” hiring practices/ employment discrimination:
-U.S. citizens, noncitizen nationals, permanent residents, asylees, and refugees
-ALL employment-authorized individuals, to include asylum seekers (“Employers must not request more or different documents than are required to verify employment authorization and identity
reject documents that reasonably appear to be genuine and relate to the employee
specify certain documents over others based on an employee’s citizenship or immigration status, or national origin”)
Ignorantia juris non excusat or ignorantia legis neminem excusat (Latin for “ignorance of the law excuses not”[1] and “ignorance of law excuses no one”[2] respectively) is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because one was unaware of its content.”
The Department of Justice has recently settled Immigration-Related Discrimination Claim Against University of California, San Diego. The Department of Justice has reiterated that: ““Employers must comply with anti-discrimination laws, not only when employees are first hired, but throughout their employment,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. Applicants or workers who believe they were subjected to different documentary requirements based on their citizenship, immigration status, or national origin; or discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral, should contact IER’s worker hotline for assistance.”
If an employer is going to ask for a PR card before you hired, this practice would not only eliminate the candidacies of people who have pending asylum applications, etc., but would also eliminate the candidacies of people with immigration statuses such as TPS, asylee, refugee, etc.
In summary, the law states clearly that, as an employer, you can be charged for violating employment law if you refuse a candidate for an advertised position upon discovering that the candidate is not a PR or citizen. This is, of course, if there are no other laws/hiring regulations that say otherwise.
Sources:
1. US Department of Justice
2. USCIS
3. INA
4. Wikipedia
Thank you – That is helpful. My guess is that in practical terms, it is easy for employers to get away with discrimination. It is probably also easy to find excuses that are non-discriminatory. Nevertheless, this is helpful and I do think if a person is discriminated against, she should seek help from an employment lawyer or even from the Department of Justice (though I think these days, expecting DOJ to help fight discrimination is probably too optimistic). Take care, Jason
Jason, you are right. That is why employees who are not PR or citizen need to get familiar with the employment and immigration laws (you don’t have to get deep into the laws) that supposedly protect us non-citizens or PRs. If you are aware of the basic legal principles, you are better prepared to identify employment discrimination practices, for example, and thus, hopefully, know what steps you are to take.
I can use myself of as example. My former employer has, because of me, hired someone specific to ensure that each potential employee has the required document(s) before the employee starts working. This person is also responsible for studying the laws, and any changes, that govern hiring people who are authorized to work in the US, so as to avoid employment discrimination claims. Like Broken and Hyme’s recruiters, I too had a similar experience. What I did differently from Hyme and Broken was that I printed the information from USCIS’ website and the sections of the INA that were related to me. I also quoted, to the recruiter, the sections in the INA. Thankfully, my former employer and I had a wonderful relationship after that.
I am glad that, for the most part, most American companies take employment discrimination very seriously. I must commend them for that.
Impressive – it is not always easy to look out for your own rights, especially when you are new to a country. But despite all the problems, we are still mostly a nation of laws. Take care, Jason
Indeed – Thanks
That’s how it’s done, Jamie 👍🏻👍🏻 You go, girl!
LOL @ Sara. Thanks
Hay Hyme, I am on EAD since 2015, I have applied about hundreds of places, I mentioned in my resume that “I am authorized to work in United States” whenever I was called for interview they knew about this, if they ask my status for EAD I tell them as an applicant asylee, I got interviewed by various employers and I worked on W2 and 1099 at so many places, I found most of the employers very helpful and understanding, and if they are not, they would never tell me that I am not hired because of my status, just once I was interviewed for a job in Department of Justice, when I was about to finalize everything, the guy told me it needs secret clearance, which I did not have. So be positive, this is United States and people are open minded at most of the places, bad people are everywhere, but I found good people most of the time and this is my experience.
Thank you for the comment – I hope you get a job at DOJ soon. They could use the help. Take care, Jason
I hope so ! thanks
When you are asked, tell recruiters you have GC EAD. That explains everything. I used to face same issue till I start telling them what I have is GC EAD and won’t require any sponsorship. But telling them EAD they will think you are under H1B visa
Hello there
I applied in the spring of 2016. and I got a work permit etc.
but I have not been invited to the interview yet. My asylum file is still pending and I look forward to interviewing.
my question is if i win a green card on 15 may green https://www.dvlottery.state.gov/ESC/(S(rzhnvogtwjxjuhbjgcuju1et))/default.aspx.
1)how can I use it?
2)some people say that it does not work to win a green card for asylums
3)what is the rule for asylum lottery(gc)
Your comment is important.
best regards
If you are in status you can get a green card from dv lottory in US.
If you out of status or overstay you can not get it.
Or you have to leave the US and get it in your country
Rhat is difficult to get it ask you lawyer.
I wrote a post about this on October 5, 2015. The short answer is that you should talk to a lawyer if you win the lottery. There may be a way to get the GC, and maybe not. It depends on the case. But hopefully that post from October 5, 2015 will give you an idea about how it works. Take care, Jason
Good morning jason I applied i730 for my husbands befor one year and till did not receive anything from usics and when I inquired about my case they answered me pending what can I do .He came before 5year and has cancelled visa because I applied as asylum before 5years is that effect?
Thank you and have a good day
If USCIS is not helping, you might try contacting the USCIS Ombudsman – a link is at right. Sometimes, they can help with a delayed case. Take care, Jason
Thank you Jason I did but waiting till now
They usually respond in a few months. If that fails, talk to a lawyer about a mandamus lawsuit. Hopefully, that will not be necessary, but these days, you never know. Good luck, Jason
Is that help
Jason Is it possible to get the copy of my form I-589 from asylum office ? I lost them
I think you have to do a Freedom of Information Act request – form G-639, available at http://www.uscis.gov. That should give you a copy of your entire file. Take care, Jason
I just applied for i-313 RTD. Can I go other countries if they are not on my i-313 application?
I-131? Once you get it, you can go anywhere (except the country of feared persecution), even if you did not list those countries on the form. Take care, Jason
Thank you so much
Nyc, if you could be so kind, please let us know how your experience travelling went.
Hi Jason,
I had an individual hearing last week. Since i have TPS they extended my individual hearing after 2 and half years. This is so frustrating. Even after 2 and half years it is not guarantee that my case will approved. My girlfriend is green card holder so i am thinking to get marry with her very soon and she will apply for me for green card. She will get her citizen by 2020 January. I know even if I file now it will take around 2 years for me to get the green card.
1. Can I expedite the case right when she became the citizen?
2. Do you think this is the right option to do? Can I file two different case parallel, asylum and through marriage. I am thinking if I got my green card through marriage I will withdraw my asylum case after that?
Please I need your advice on it.
Thank YOu
It is best to wait until she is a US citizen. Otherwise, you would probably have to leave the US to get your GC, which will be difficult or impossible. Once she is a citizen and you are married, she can file the I-130 for you. After that is approved, you can try to get the case terminated so you can apply for your GC, though how this will work depends on the judge. I would talk to a lawyer to make sure you are eligible for this, and make a plan. Generally, you can do both cases at once, but if the marriage-based case is going forward, probably you will end up stopping the asylum case and getting the GC based on marriage. Take care, Jason
Hi !
In wich state was your Hearing? I’m asking because next month i have my hearing in NY
Take care
Hey L.F.! Hope you’ve been well 😊
Just want to wish you luck for your hearing. All the best!
Hi L.f
can you please share your timeline
I also applied in Feb 2016 in Newyork
I have no idea know when can i expect my interview?
good luck for your interview
very solid information, every applicant should keep it in mind before going to interview, thanks Jason.
Thank Victoria. I am just a bystander. But on her behalf, you’re welcome. Take care, Jason
I wouldn’t have seen that without your help, this awareness and discussion between people under same type of “problems” is very helpful. Keep it going, never stop spreading knowledge. Whenever I have a question, I do not have to write it here, I just read the thread of discussion, and get answer.