We knew this was coming. On March 7, 2018, Attorney General Jeff Sessions announced plans to revisit a Board of Immigration Appeals (“BIA”) case called Matter of A-B-, 27 I&N Dec. 227 (BIA 2018), which granted asylum to a victim of domestic violence from El Salvador. Now, the Attorney General has reversed A-B- and issued a wide-ranging opinion that seeks to limit asylum for victims of domestic violence and other criminal activity.
There is a lot to say about the AG’s decision, but here I want to focus on two issues: (1) Who is affected by the decision, and (2) Why the decision may not have the broad impact that the AG seems to have intended.
Matter of A-B- most immediately impacts victims of domestic violence. Since 1999, the law related to asylum for DV victims has been evolving. Different lawyers and government agencies have worked to crack open the door for such applicants. The end result of their efforts was Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014), which created a convoluted path for victims of DV to obtain asylum. I think it was fairly apparent that A-R-C-G- was a house of cards, waiting for a hostile Administration to knock it down. And in Matter of A-B-, Mr. Sessions has done just that–he has overturned nearly two decades of evolving precedent, and overruled A-R-C-G-.
How, exactly, Mr. Sessions has attempted to block DV asylum seekers is important. To win asylum, an applicant must not only show that she faces harm; she must demonstrate that the harm she faces is on account of a protected ground, such as race, religion, nationality, political opinion or particular social group (“PSG”). So if a persecutor wants to kill you in order to steal your money, that is usually not a basis for asylum. But if the persecutor wants to harm you because he does not like your political opinion, or race, or religion, or PSG, that can form the basis for an asylum claim. A-R-C-G- said that “married women in Guatemala who are unable to leave their relationship” can constitute a PSG, making such people potentially eligible for asylum (assuming they met a host of other requirements).
In A-B-, the Attorney General is saying that this PSG formulation was erroneous, and so victims of DV can no longer use it as a basis for asylum. Such victims can still attempt to win asylum based on other protected grounds (maybe they are a member of an acceptable PSG, for example, or maybe the persecutor seeks to harm them due to their religion or for some other “protected” reason). But the fact is, many of these (mostly) women will no longer qualify for asylum, and will be sent home to face whatever “vile abuse” (Jeff Sessions’s words) that is awaiting them.
The impact of A-B- is clearly meant to reach beyond the realm of DV asylum, but how it will be interpreted outside the immediate circumstances of the case is unclear (at least to me). For example, in the decision, Mr. Sessions writes, “Generally, claims by aliens pertaining to domestic violence or gang violence perpetrated by non-governmental actors will not qualify for asylum.” Indeed, the decision makes multiple references to “gang violence,” but as far as I can tell, gang violence is not an issue in the case. This is strange, since normally, courts decide issues that are before them; not abstract issues that are obliquely related to the subject of the case.
So if they are presented with an asylum claim involving “gang violence,” how will Immigration Judges and Asylum Officers apply Matter of A-B-? It’s difficult to know. The AG’s vague pronouncements about “gang violence” are not easily translated into legal guidance for adjudicators. Of course, adjudicators who want to deny a case can find additional support for such a decision here, but those who want to grant a case are not blocked from doing so.
There’s also the more general issue of “persecution based on violent conduct of a private [as opposed to government] actor,” which could include harm against LGBT individuals, FGM, threats from terrorists groups, etc. The AG states that in such cases, an asylum applicant “must show more than difficulty controlling private behavior… The applicant must show that the government condoned the private actions or at least demonstrated a complete helplessness to protect the victims.” In other words, says the AG, “Applicants must show not just that the crime has gone unpunished, but that the government is unwilling or unable to prevent it.” Maybe I’m missing something here, but this is the exact same legal standard we’ve had since the asylum statute was enacted. As I read Matter of A-B-, I don’t expect big changes for people seeking asylum based on sexual orientation or FGM, or those fleeing terrorists, even though these cases typically involve persecution by non-state actors.
In fact, though Matter of A-B- will block many DV victims from obtaining asylum, I am not sure that its effects will be broadly felt. Much of the decision is hyperbole without substance: “Generally,” asylum claims based on persecution by non-state actors will fail. Generalizations like this aren’t guidance for adjudicators; they are propaganda. And then there are helpful chestnuts like this:
Neither immigration judges nor the Board may avoid the rigorous analysis required in determining asylum claims, especially where victims of private violence claim persecution based on membership in a particular social group…. Furthermore, the Board, immigration judges, and all asylum officers must consider, consistent with the regulations, whether internal relocation in the alien’s home country presents a reasonable alternative before granting asylum.
In other words, adjudicators are supposed to follow the law. No duh.
I don’t know why the AG used Matter of A-B- to make a broad statement against people fleeing violence from non-state actors (as opposed to limiting his ruling to the facts of the case). But the decision’s platitudes and generalizations are not conducive to the type of legal precedent that can guide decision makers.
Perhaps Mr. Sessions hopes that his anti-asylum rhetoric and exhortations to “follow the law” will set the tone for adjudicators at the Immigration Courts and Asylum Offices. Maybe he believes that his disdain for immigrants can somehow be transmitted through the bureaucracy to the men and women deciding cases. But in my experience, IJs and Asylum Officers are not lemmings who exist to do the AG’s bidding. They are adjudicators empowered to interpret the law.
After Matter of A-B-, some applicants will have a tougher time obtaining asylum; others will be unaffected. In a strange sense, this decision gives me hope. If this is the best Mr. Sessions can do, it is not enough to end asylum as we know it. Thanks to Mr. Sessions, many domestic violence victims will be returned to face harm, but our country will continue to offer protection to many others. For that, I am thankful.
Hi,
Our close friend was seeking asylum from El Salvador and recently lost her immigration court case due to the recent changes in laws. However her abusive step dad friends and family worked for police in her town, the judge essentially ruled against her stating that if they were not on active duty it didn’t mean she wasn’t being protected by the govt, although she has no one to turn to there due to the power her abuser had. She was given 30 days to appeal ( deadline is August 22nd)…. We have heard mixed reviews is the appeal process really just buying extra time? if so do you know approx how much time?
Her lawyer is trying to charge 3K to file the appeal documents, but a notary ( someone with some experience is agreeable to helping for 300, however, the lawyer doesn’t want to give over the documents from her court date to file? Is this legal? Is a lawyer necessary to appeal?
Also is there a case to be made that if someone met asylum requirements when they entered and initated the process they should be “grandfathered” in, seems unfair that as the laws change, and their court dates were not had that they no longer should meet requirements?
please advise
thanks
Chris & Sue
I would say the BIA (the appeals court) is getting tougher, but it is possible to win there, depending on the case. Unfortunately, Matter of AB makes it harder for many people – especially Central Americans – to win a case involving domestic violence, and the BIA would enforce that law. Whether that would mean your friend would lose, I do not know – it depends on whether the Judge made a mistake somewhere in the case. BIA appeals seems to be moving pretty fast – most cases seem to take between 6 months and a year. As for the fee, $3,000 is probably reasonable for an appeal (I forget what we charge these days; it is probably less than that for a case we litigated, but not too much less). Using a notary for an appeal is a bad idea, as that would be practicing law without a license, which is a crime (and my guess is that the quality of the work will be nil). She would be better to file the appeal herself, or with the help of a friend. As for the file, the lawyer is required to give it to you (maybe the lawyer does not want to because the lawyer fears having a notary do the appeal?). If not, you can threaten a bar complaint, and that should do the trick. Finally, AB applies to all applicants. While a retroactivity argument could be made, I think it would not work, since there it would be hard to argue that the applicant relied on the state of asylum law when applying (domestic violence in asylum law has been a moving target for the last 20 years). Take care, Jason
Thanks so much, really appreciate your quick reply and helpful blog!
Hi Jason,
I already submitted my affidavit with supporting evidences, and now noticed that I need some correction and additional things to put on my affidavit. Can I resubmit an updated one?
Besides, can my friend send me his affidavit by email, or scan and send it by Viber…is it accepted?
Thanks,
You can submit a corrected affidavit, though you may need to explain why you made mistakes in the first affidavit. A signed affidavit from your friend should be fine. It is best to scan and email it to you, and then you can print it and submit it. We also include photo IDs for witness letters. Take care, Jason
I had interviewee and AO told me to bring more documents(proof) within a week(a week before the 2 weeks interviewee result announcement) of interviewee. What is the tendency of this interviewee? Any experience in such a cases?
This happens some times. Do your best to get the document to the AO on time. Failure to do so may result in a denial. Take care, Jason
Thank you, I already submitted the docs.
Hi Jason, I applied for asylum in April 1, 2018. And gave biometrics three weeks later. But I am not yet scheduled for an interview. My friends who applied in April, but later than me are interviewed. I went to Arlington office two times, and they told me to wait for 2-3 weeks each time, but no response yet. What shall I do? I felt like I am skipped. Should I continue bugging them? Or wait and see. My status is not yet expired, and could that be a reason? They told me that they would contact the MPA team on my last inquiry.
Thanks,
Is it possible that wheather or not you still have a legal status is a factor when scheduling interviews?
I do not know, but I think people with one-year bar issues are more likely to be scheduled for an interview. Take care, Jason
Any specific reason for this?
Yes – they are implementing a new program where they send people with a one-year bar issue a letter giving them the option to skip the interview and go directly to court. If the people say that they want the interview, I suspect that they are interviewed. It is more difficult to win a case if there is a one-year bar, and I am guess that the asylum offices want to deny more cases. So if they interview more cases with one-year bars, they will probably deny more cases, which will look good to the superiors and may protect the asylum offices from further scrutiny from their political bosses. This may just be my paranoia, but I suspect it may be true. Take care, Jason
Arlington is only interviewing about half of the people who apply. I have some rough statistics on this and I plan to publish something in the next could weeks. Bugging them will not help. If you do not have an interview soon, I guess you can try to expedite the case – I wrote about that on March 30, 2017. Take care, Jason
Jason,
Thank you for your dedication. I am still amazed by how you have managed to answer a sea of messages like this. Re Sessions’ decision to construing asylum precedents, I fear that many asylees right now would experience a rocky journey to adjust their statuses. Maybe last year they have won asylum based on DV, but due to this change, they might not “continue to meet the definition of an asylee/refugee.” Do you think that is a real possibility? If so, would reliance come into play in challenging this kind of retroactivity?
M N, I share the same concerns as you. I keep wondering if the changes will affect asylees’ ability to adjust status since they would, in theory, no longer meet the definition of a refugee.
In theory, also, if country conditions have substantially improved, then asylum status can be terminated. If country conditions have improved substantially, and USCIS can prove that such improvements exist, then technically, according to USCIS, you no longer have a fear of persecution and therefore no longer meet the definition of a refugee. Except, this is technically not plausible.
It’s kind of weird, as the definition of a refugee is a person who fears he/she will be persecuted OR (notice I say “OR”) has been persecuted on account of race, religion, nationality, and or membership in a particular social group or political opinion. In addition, in order for an asylum applicant to be granted asylum, he/she must meet the definition of a refugee. Somehow, refugees are not required to continue meeting the definition of a refugee in terms of improved country conditions, but asylees have to, event though asylees would have had to qualify as a refugee in the first place. Furthermore, using the INA’s definition of a refugee, a refugee is also someone who was persecuted based on one of the protected groups. It is important to note that the INA didn’t say that you must continue to have a well-founded fear in its definition of a refugee; instead, the INA expressly says that a refugee is someone who was persecuted OR have a well-founded fear of persecution based on one of the protected grounds (Jason, I would love if you correct me if I am wrong). How then do you stop being a refugee or asylee- even absent the well-founded fear of persecution or bad country conditions- if you were persecuted based on one of the protected grounds? Why do asylees’ adjustment of status have to theoretically depend on improved country conditions when a refugee’s adjustment of status does not depend on improved country conditions even though they both have to meet the same set of criteria/requirements, with the only exception being where they apply for refugee status?
If USICS decides to terminate your asylum status, then it must be done procedurally. They would need to send you a notice that they want to terminate your asylum status for whatever reason. The notice may ask you to attend an interview at USCIS. If they are still not satisfied, they will send you a notice to appear before an immigration judge for your removal hearing (I think).
If you can show that USICS erred in its judgment about the substantial improvements in your home country, or that you would suffer physically or mentally (perhaps because your past persecution was so severe, for e.g.), then your asylum status may be re-instated. If you committed a serious crime or get involved in terrorism, chances are you will be removed. The problem with this is, from a practical point of view and using the improved county conditions cases, USCIS would have to go back through every cases to qualify/quantify the level of persecution and thereby determine if you would suffer, if removed. A part from the amount of time that would be wasted doing this, the thought of this is simply ridiculous as everyone has different tolerance levels so what is severe to one person might not be for the other. In other words, everyone deals with trauma/persecution differently.
I used to say that asylum status won’t be terminated, unless you commit a serious crime, because of the backlog in the system and the amount of resources that USICS would need; however, I wouldn’t be surprised if they start inhumanely and egregiously stripping people of their asylum status.
I didn’t really understand the first question – sorry. I guess I am not as pessimistic as you about USCIS terminating asylum. I think it requires more resources, which they would rather use towards reducing the backlog. Also, I think there is a tendency of wanting to make it seem that the Administration is acting, even when nothing is getting done, and I think the idea of terminating cases does not really leave them with much to brag about (it is hard to do, slow, and will be bad for morale). That said, any asylee who was granted more than a year ago should apply for a green card. Once you have a GC, it does not matter if country conditions change or if the definition of PSG changes. So it is probably wise to apply for the GC as soon as possible. Take care, Jason
Thanks, Jason
It is a good question, and I have not heard anything from the government or elsewhere about how such people will be treated going forward. Unless there is a pretty major change to the system, though, it will be difficult to identify such people and reopen their cases. Now, most asylees do not get I-485 interviews, and so there is no way to identify the basis for their asylum until they try for US citizenship when they get interviewed. USCIS keeps statistics about asylum seekers, and I think they can know who was granted based on PSG, but they could not tell what the PSG was. In other words, if the person was granted asylum based on sexual orientation or domestic violence, USCIS has no way to distinguish the cases except if they check it manually. This is a long way to say, I do not think they will go to the trouble of disturbing previously granted applicants. Hopefully. Take care, Jason
Welcome back, Asylumist! Love the new look. Très chic.
Merci. It’s still a work in progress. I hope you are well, Jason
Hi Jason,
Would you please provide me your email, I recently got NOID letter for my asylum, I really need your help in writing the rebuttal letter and legal advice.
You can email me at jdzubow@dzubowlaw.com. However, I would not be able to assist with a NOID at this time. But if you email me, I can see whether my law partner is able to help. Take care, Jason
Hi Jason
I wrote an email almost same time as I write your help on the blog. Please check your email. My email address is eliasyus@gmail.com.
Thankyou
Elias
Hey Jason good to see u back I thought I was blinded for while!! How would the current affairs in Ethiopia affect asylum applicants from Ethiopia
Hopefully, we will see some good news from Ethiopia (and Eritrea), but I think it is still too soon to know. As of now, I doubt the changes will have much affect (I have an Ethiopian case tomorrow – not asylum , but country conditions are tangentially relevant – so we will see if the Judge or DHS lawyer has anything to say about that). Of course, if things continue to improve, that will make asylum cases more challenging to win. Take care, Jason
It is much much worse !!! within two months there are more than a million ppl displaced in Amhara region, ethnic clashes in the southern part and Tigrai ppl is getting much worse. The current “government” is not known and the smoke shows we are seeing the last two month is nothing but trying to get a favor from outside to cover the crisis with country financial disarray. It should really need to be studied by an independent company or government body. The country is bricks of collapsing within the next months we will see how everything plays out once the smoke disappears. I myself lost all hopes and millions of people will try to flee. So, please help us !
Time will tell. But if you have a case from Ethiopia, and you have evidence of the ongoing problems, you can certainly submit that to help bolster your claim. Take care, Jason
Hi Jason,
I was on F-1 status and filed my asylum application in late 2017, due to the worsening political situation in my home country, and past harms/threat of harm against myself and my family by the current government (my father was a government official with the previous regime). With the current political climate in the United States (the AG is referring cases to himself!), I am really starting to get worried that my asylum case will get denied tout suite, even before I have a chance to prove my case.
Thus, I’m considering trying to emigrate to other countries on the basis of my work experience (I have an advanced degree). The issue is that my passport just expired, and a valid passport is required to apply to the skilled migration pipelines of other countries. Would it reflect badly on my asylum application if I attempted to renew my passport with my country’s consulate (if they’ll even issue me the passport in the first place)? Or, should I maybe wait and see after the asylum interview (or the lack thereof)?
Thanks for your kind & valuable input, sir.
I can’t really answer this, as I do not know enough. I can say that we have had many clients who renewed their passports, and it has never really been an issue. In your case, it seems you fear the government, so I suppose it could be an issue, and if you renew, you will need to be prepared to explain why/how you did that. Having said this, I would encourage you to continue your case here is that is your preference. The changes by the Attorney General do not change the law – they change how the law is interpreted. If you are fearful due to domestic violence or criminal gangs, those cases will be harder to win. But if you are fearful of the government for political reasons, the recent changes by the AG have little or no effect. Take care, Jason
Thank you for that thoughtful answer, Jason. I’ll take into consideration what you said in my decisions going forward.
(PS: I’d have bought you a coffee/a beer to express my thanks for your opinion, but there is no link on your website. It’s something you should consider for the new web layout. Or, maybe you’ve considered it before, and come up against ethical/legal issues with it).
I think there are ethical issues with accepting a payment, but I have not really looked into that. In my job, I need both coffee and beer, so thank you for the thought, Jason
Hello Jason,
I have a pending asylum case based on LGBT rights in Honduras. Me and my boyfriend have been dating for almost 2 years and the conversation about marriage has come up a couple of times but I don’t think it would be a good idea as I wouldn’t want it to be a negative factor in our relationship later in life. Do you think there can be any repercussions by leaving marriage as a last resort? As in, if my case gets denied? Or do you think I should give that path a reconsideration?
Thanks in advance,
Unfortunately, the Attorney General is trying to make cases more difficult to win, and cases where the government is not the persecutor (such as LGBT cases) may be becoming harder to win. To do a marriage based green card case, you would have to have entered the US with a visa (or meet an exception to this rule), among other requirements. I think if a marriage-based GC is an option, that may be the safer choice. That said, you have to balance that with your other life goals, and make a decision. It would further depend on the strength of your asylum case, which I do not know. I think if you really are considering marriage as an option, you should talk to a lawyer about the specifics of the case to get a better idea about the pros and cons. Take care, Jason
Jason,
There are many cases that were decided by various circuit courts and the BIA that recognize members of the LGBTI community as a protected group. Starting with the case of Toboso-Alfonso 20 I&N Dec. 819 (BIA 1994) (B.I.A. 1990) — the original case, decided in 1990 and designated as precedent in 1994, which established sexual orientation as “membership in a particular social group”.
In Reyes-Reyes v. Ashcroft, 318 F. 3d 738 (8th Cir. 2004), it was re-affirmed that a “gay man with ‘female sexual identity’ belongs to a particular social group.” The 8th Circuit in 2004 in Reyes-Reyes also ruled that if the government willfully turns a blind eye to severe physical abuse by non-governmental actors, then this can rise to the level governmental acquiescence in torture so as to qualify for relief under the Convention Against Torture (CAT) treaty.
In Karouni v. Gonzales, 399 F. 3d 1163 (9th Cir. 2005), it was held unequivocally that all ‘homosexuals’ are members of a particular social group.
In Nabulawala v. Gonzales (8th Cir. 2007), the court ruled that government’s unwillingness or inability to control private actors may apply in a lesbian case. The court also remands the BIA for erroneously making a finding of fact on that issue.
In Bromfield v Mukaey (9th Cir. 2008), the court ruled that a pattern and practice of persecution against members of the LGBTI community in Jamaica met the higher standard for relief under the convention.
It was held in Doe v. Holder 736 F.3d (9th Cir. 2013), that a gay man from Russia who had been persecuted by nongovernmental actors did not need to establish that (1) the persecution he suffered was sponsored or condoned by the government because he was gay or (2) that the government was unwilling to control those actors because he was gay. While there must be a nexus between nongovernmental persecution and a protected ground, there is no nexus requirement between that protected ground and the government’s inability or unwillingness to control private actors. The court found that Doe established past persecution and remanded to allow DHS to present evidence to overcome the presumption of future fear. The court also found that it was error for the BIA to consider the ethnic discrimination faced by Doe when he had previously moved within the country as a basis for a separate asylum claim. Instead, the Ninth Circuit instructed the BIA to consider that ethnic discrimination in determining whether it would be reasonable to expect Doe to be able to safely relocate within Russia.
In this regard, how do we reconcile the AG’s ruling- in the Matter of A-B- which is a violation of international refugee law and US law- with Doe v. Holder, for example, especially since the AG did not expressly say that members of the LGBTI community will have to prove that the government has “more than difficulty” controlling private actors, or that members of the LGBTI community no longer qualify for asylum? Let’s say that it was intended by the AG to cast a wide net such that the net catches members of the LGBTI community, would it be reasonable to conclude that since the various circuit courts have agreed that LBGTI members are a protected group the AG’s ruling would be stretching it when it comes to the LGBTI community and the requirements for asylum? I know that the AG’s ruling weighs more than the BIA’s ruling, but how do we compare the AG’s ruling with that of the circuit courts’ rulings?
Bringas-Rodriguez v. Sessions, 850 F.3d 1051 (9th Cir. 2017) — A gay man from Mexico appealed the denial of asylum based on a finding that he had provided insufficient evidence to demonstrate that the Mexican government was unable or unwilling to control private acts of persecution. The Court reiterated that an applicant is not required to report abuse to the police if doing so would be futile. It then held that Bringas had demonstrated futility (and possibly that reporting was dangerous), where his friends had reported instances of persecution based on sexuality and were laughed at by the police. The petitioner was therefore entitled to the presumption of a well-founded fear of future persecution, and the Court remanded to the BIA for consideration of whether the presumption has been rebutted.
Is the Brignas case saying that if you can demonstrate that if you report the threat or violence to the police and the police do not do anything, then you have established that the government is unwilling or unable to protect you? Let’s say gay man was beaten by a mob on the street because he is gay and then the mob dispersed after. The gay man went to the police to give a statement. How would the police get a hold of the mob if they had already left the scene and the victim did not know who the persecutors were or where they lived?
Furthermore, how do we determine who qualifies as belonging to the PSG when it involves private actors? If you are discriminated against because of your skin color, then you are considered to be a part of the PSG because you can’t change skin color or you are not required to change it. How is this different from members of the LGBTI community? Or is it the AG’s intention to completely get rid of the PSG? I am genuinely confused.
In reading through the cases, you can’t help but conclude that members of the LGBTI community are considered a protected group and thus undeniably a member of the PSG. In fact, in one of the opinions of the circuit court ruling, the judge specifically said that it would be difficult for the Attorney General to remove LGBTI category from the SG because of the established rulings that involve LGBTI cases, and the express rulings that members of the LBTI community are a protected group and thus qualify for asylum if they can satisfy other legal requirements like any other person claiming asylum based on religious or political persecution, for example.
I feel like the A-B- ruling will be abused and wrongly interpreted by some immigration judges and asylum officers. If I were representing asylum clients who are in the PSG, I would gather as much as I can on country conditions and supplement it with the necessary rulings/cases/statutes. From what I see, asylum lawyers will have to redouble, gather all the relevant circuit court and supreme court rulings, and be much more creative and thorough with their clients’ cases.
Federal circuit courts can overrule the AG. However, they usually give a fair bit of deference in interpreting the Immigration Law. I do not think Matter of A-B- will affect the case law concluding that sexual orientation is a PSG. I think the fight (and effect of A-B-) will be over whether the government is able and willing to protect the applicant. In Bringas, for example, the issue seems to be one of fact – country conditions indicating that the police due not protect gay people, so the applicant was not required to submit additional proof about this. I do think LGBT applicants (and anyone else you fears persecution from non-state actors) should make an effort to include strong evidence supporting the fact that the government is unable and unwilling to protect them. This is the type of evidence that should have been submitted before A-B-, and now, as you state, it is even more important to submit it. I actually doubt A-B- will have much affect on LGBT cases. That PSG is well established and in most such cases, the government are hostile and do not protect gay people. Take care, Jason
Jason,
Thank you for your response!
I think I am beginning to like immigration law- specifically asylum law. Maybe it’s because I am an asylee or because I can relate to people who are seeking refuge/fleeing persecution. I am going to seriously consider going to law school.
My concern is not that PSG asylum applicants must show that the government is unwilling or unable to protect them. I am concerned that the law will not be applied fairly to everyone who is seeking asylum. I find it rather outrageous that the AG is giving the impression that there is a different legal standard for people who are applying for asylum under the PSG category. Furthermore, I feel like the AG essentially rehashed existing asylum laws- except that he expressly said that gang violence and domestic violence are no longer grounds for seeking asylum- in his A-B- ruling.
I feel like I may be interpreting the law incorrectly, but doesn’t the law already say that anyone applying for asylum- it doesn’t matter if you are applying because of your political views, religion, nationality, membership in a particular social group, etc. – must show that his/her government is unwilling or unable to protect him/her, if the government is not the persecutor?
What Sessions has effectively done, with the hope of hindering Central Americans from applying for asylum and limiting the number of asylum applicants, is raised the legal bar for one set of legitimate asylum applicants (PSG) and left the more popular/established categories (political, religious, nationality, etc.) virtually untouched. In his ruling, Sessions did say that a certain set of applicants must show “more than difficulty” that their governments are unable to protect them. Was it his intention to have every asylum applicants show that their governments are the persecutor, complicit, or have more than difficulty controlling private actors?
I think it is fair to say that asylum officers and immigration judges are going to interpret the AG’s ruling like the AG intended it to be: Applicants in the PSG must show that their governments are the persecutor or have more than difficulty controlling the private actors.
Based on your posts here, I think you would enjoy law school (I hope that is not an insult!). I agree that Sessions is largely re-hashing the law, and that if a person shows that they fear persecution for any of the protected reasons, including PSG, he may be entitled to asylum. That has not changed. But over the years, the definition of PSG has been expanding. Mr. Sessions is contracting it. I don’t like it, but cases like ACRG were vulnerable to being overruled, since the reasoning of that case was pretty convoluted and difficult to support legally. Of course, ACRG was a compromise between various parties that took years to work out, and that was helping people who face real harm. Those people are now more likely to be returned home to face severe harm. I am also concerned about applicants who fear harm from non-state actors – it is unclear to me how much more difficult the “unable and unwilling” standard is after AB, or whether it is different at all. I think the intention was to make it harder, but reading AB, one could also conclude that the standard is exactly the same. My guess is that some decision makers will use AB to be more restrictive, and others will see it as having no effect. Take care, Jason
Jason, I agree! As for law school, I think I would like it. Researching law schools as as I am reading through the comments.
For the benefit of this group, I wanted to let everybody know that USPS offers a FREE service called “USPS Informed Delivery”. All you need to do is register your address via USPS, and they will send you a screenshot of all the mails you will receive everyday. I receive an email every morning, and the postmaster delivers the mail in the evening. The only benefit of this service is that you will know what mails you will be receiving few hours ahead of actual delivery of mail during a day.
I have been waiting for my asylum decision via mail for 4 weeks now, and this service did help a wee bit, but the stress is still endless.
Thanks,
RC
That’s sound cool and very helpful. Thank you for sharing the information.
Funny thing – I was waiting for my letter to come and was checking those screenshots every day.
There would be nothing from USCIS for 10 months.
And one day, I checked my email from USPS again – nothing important, just junk mail.
Without any expectancies, I checked my mailbox later that day – and found my approval letter! My address was hand-written and maybe that’s why it wasn’t in the screenshot.
Sometimes USPS email says: “There is a letter coming, but we didn’t take a picture of it”.
Anyway, thank you for your surely useful tip, but it the news can still appear as a surprise! 🙂
Normally a missing image means the mail is oversize, i.e. not regular letter size.
USPS is in progress upgrading their systems to have larger images like magazines… handwritten address is not an issue for the image system.
Congratulations Man. I have been waiting for the decision for 19 months now. That is really frustrating
Well, at least it was a pleasant surprise….
I had this service when they first rolled it out and I was invited to the trial period, but don’t anymore because it’s not available at my current address. Sucks because it was great.
Hope you get your decision soon! I know how stressful the wait is. Hang in there 🙂
Thank you for sharing this. Take care, Jason
Hi Jason,
After 2 years of waiting on pending decisions, I finally got a NTA from the asylum office, that was when I went and asking about my case in person, they took some time and gave it to me with fresh printed documents, the decline reason seems vague to me, just saying my case is not strong enough to establish a reasonable fear, etc. Is there a possibility that it indicates they didn’t find problem with the case but still do not want to grant it? Or because I have been asking quite several times so they get tired of me and just kick me to the court? I feel confused. And because the decision is so fresh and the hearing date and location are TBD, I dialed the 800 number but been told no information is available at this time, wonder how long do I have to wait for them to schedule it? And I heard if I havn’t apply for H1B visa before I still have the chance to switch to that, but isn’t H1B is a non-immigration visa? If I switch to that them upon re-entry, this dude has a non-immigration visa but also has a history of asylum, seems doesn’t make too much sense, hope you can shed some light on me. This whole situation just gives me a feeling that the judgement of cases tends to be more tough under hawkish trump administration.
Best,
I am sorry to hear this. I doubt the denial was because you bugged them too much. Denial rates in general are going up, so you are not alone. The reason they give for a denial in a case like yours is usually pretty vague. I wrote such denials on March 7, 2018 – maybe that would help. As for the H1b, I do not think you would be able to do it very easily at this point. You would first have to resolve the court case before you could leave the US to get the H1b visa. This may or may not be possible, depending on the case, and also, there are some very limited exceptions to this, and so maybe you could get the H1b visa without leaving the US. Talk to a lawyer about all this to evaluate the specifics of the case. Finally, I recommend you call the 800 number every week or so, to be sure you know when your hearing will be. It may take a couple months to get a hearing scheduled. Good luck, Jason
Jason,
Thanks for taking time to reply my questions, and your suggestion matters a lot to me. Upon giving me the NTA, I found it mentions something about expedited hearing and I was asked to sign it, says I agree to waive my 10-day right in exchange for a faster process I guess? but I’m not sure, what would be the difference between expedited process and regular ones? Like you said I might have bugged them too much, but to be honest, they let me wait for 3+ years for an interview and 2 more years after the interview, and last month I was told there was some mistake were made in my background check so my case was delayed and they’ve fixed it bla bla, I just got tired of endless waiting, so I went there more frequent, maybe this pissed them off, I wonder since they pushed me to the court, what kind of time frame I might be looking to end this, looking forward to hearing your opinions!
Regards,
I really doubt it works that way (at least I hope not). As for the time frame, it varies depending on the court and the judge. Very generally, I’d say that most cases are resolved in 1 to 3 years, but that is a rough estimate. I wrote about expediting court cases on April 20, 2017 – maybe that would help (once the case is scheduled). Take care, Jason
Jason,
Much Appreciate.
Hi Jason,
Me and my wife are on F1 status and we both belong to a different religion. We filed for asylum in April 2018 in Miami AO, our interview was on June 4th 2018. We haven’t received our decision in mail yet. I had a few questions around our F1 status:
1) When we apply for EAD after 150 days, will we lose our status when USICS receives our EAD application?
2) Let’s say USCIS takes 2 months to process our EAD application and send it to us via mail, what will be our status during these 2 months?
3) After I receive my EAD, do I have to apply for a different kind of SSN?.Currently I have an SSN which says “Valid for work only with DHS authorization”?
Thank you,
RC
1)No
2) EAD has no effect on your status, nor does asylum case pending. You are still F1
3) No. Unless your asylum has been approved in which case you can apply for SSN card without annotation.
1 – I have not seen F-1 or F-2 visa holders lose their status due to an asylum case (or an EAD). However, I did see a memo not long ago indicating that USCIS might cancel F visas for people who seek permanent status in the US. Whether this will be applied to asylum seekers, I do not know. 2 – Asylum pending and, if you are still in valid student/dependent status, F status. 3- I do not think so. You will have work authorization, so with the SS card and the EAD, you should be ok. If you want to be sure, contact the SS office to double check whether you need to do anything with your SS card. Take care, Jason
Good to see you back! I was worried for a second 😀 And it’s a great redesign, too!
Thank you – It’s still a work in progress. I will post about the redesign soon. En la lucha, Jason
Jason, I got my final asylum approval June 25th 2018, I was tired of waiting so I decided to do a walk in at the Newark asylum office, I waited for about four hours and I got my approval. Thanks to a staff named John, he was very courteous and professional, Jason, is there a way i can write a review or recommendation about John at Newark asylum office? I have been looking online and there is no where online I can write a review about him.
I want to thank you so much Jason for your informative blog, your prompt response and advice, words are not enough to say thank you. Thank You! Thank You!! Thank You!!!.
I filed for Asylum Feb 23rd 2015, Interview was September 27th 2017, Recommended approval was issued October 11th 2017 and Final grant of asylum: June 25th 2018. Newark asylum office, NJ
What exactly did you say to him that he got your decision that day, I had my interview in Newark and I’m still waiting for decision, I was thinking of walking in but they said it would be mailed and I have been waiting for a long time, when you went in what did you tell John that he assisted you?
I just told him I have been waiting for my final approval since October 2017, I got a recommended approval two weeks after my interview September 2017. I suggest you do a walk in, walk ins are usually done on Fridays
Congratulations! It is terrific to hear good news, especially these days. As for John, you can just send a letter to the asylum office Director – You can find their address if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
I want to get help from my district Rep to give me a note , see if i can expedite my case . Can you tell me please how ? I have medical reasons and also very unceratin about situtation , im very young too from one of those banned countries .
You can contact the asylum office directly to submit the medical evidence and request to expedite. I wrote about that on March 30, 2017. The Congress people may be able to help too – There are links at right under Asylum Seeker Resources for Senate and House of Representatives. They will help you find your local representative. Take care, Jason
Hi Jason,
For adding spouse to my pending asylum application, I have to send documents to USCIS service center or to the local asylum office?
Thanks in advance
The procedure does not function very well. Contact your local asylum office and ask the procedure in that office, as it may vary by office. In my office (Virginia), we send to a service center (but I forget which one) and if that does not work, there is a procedure to file at the local office. Take care, Jason
Hi ,
I got my green card two years ago through an approval asylum. I want to go to see my family in Lebanon. Is there any risk on me when i want to come back to the US after the Supreme Court supports the IO .
I am from Syria and my country on the ban travel list . Your help always appreciate. Thanks
I am not Jason but I sent mine to the asylum office and my family was added
If you have a GC, the travel ban does not apply to you. As long as you do not return to your home country, you should be fine (also, it is better to travel with a Refugee Travel Document than with your home-country passport). Take care, Jason
Hi Jason, what if you only have approved asylum, will the travel ban apply to you? I mean when traveling with a refugee document. Did you hear of anyone(with approved asylum) from one of the banned countries had any difficulty entering the U.S. with a refugee document?
I believe the travel ban does not apply to people with asylum, and I have never heard of anyone from a banned country (or any country) being blocked from entering the US with an RTD. I have heard that often times at the airport, they do not know what the RTD is, and so they ask a supervisor about it, but this is just a minor delay in some case and I think there is no problem to re-enter the US (though the story might be different if you travel to your home country where you fear persecution). Take care, Jason
Thank you so much Jason for ur life prompt reply! 😊
Hi Jason,
My friend wanted to me ask you a question. He was granted asylum in 2016. He now wants to apply for GC. He is afraid to apply for the GC because he pleaded guilty to forgery in 1996 in his home country. His options were to pay what would have been equivalent to about US$60 at the time, or spend 6 months in prison. Do you think this will affect his eligibility for GC, or do you think in a case like this he should submit a waiver with the GC application?
I know you can’t give advice on cases like this because of the specificities of the case, but what I explained to you is all that it is to his case. He hasn’t got in trouble with the law here- not even a ticket. And, the forgery case was over 20 years ago in his home country! He just doesn’t know if he should submit a waiver or just simply stay as an asylee.
Hi Jason,
In January I wrote you about a letter I got from USCIS to waive my interview because I applied after the one year. In the end of May I got my interview date in mid June after more than two years. Being very thankful of reading your posts almost all those years, I was prepared from what I wear the day of the interview to bring all my originals related to the case and my life in general. The interview went very good as the officer to my surprise was very nice and was even starting the interview by asking me how my home country will do in the World Cup. After two weeks I came back to the office to pick up my result and I was granted asylum. The post maybe long but I want to make sure I updated you how things went in my process in San Francisco office. Thank you for everything and good luck for every asylum seekers.
I am very glad to hear this – I know they are trying to convince people with a one-year bar to skip the interview, but this is clearly an example of why that is a bad idea. Thank you for sharing, and welcome to the US of A, Jason
Sorry for the delay. The effects of foreign convictions on a US immigration case can be tricky to predict. Given that he received asylum, my guess is that the conviction would not block him from getting a GC. However, if he lied about the conviction, or failed to reveal it when he filed for asylum, there will likely be a problem. Either way, he should talk to a lawyer to review the specifics – these days, you have to be extra careful about stuff like this. Take care, Jason
Hi Jason,
I am basically from Pakistan and currently on F1 visa in Texas. I am an atheist and because of my beliefs religious extremists are continuously threatening me. They also have launched a case against me (I have the copy of the case), and according to the Pakistani law they are surely going to punish me (because they are strong proof of me committing blasphemy).
My question is, how hard is it for an atheist like me to successfully win the asylum case in this situation?
Thanks.
We have done cases that are similar to this, and I would think that if you have the evidence, you should have a decent chance for success. Among other things, you will need to explain why you cannot relocate to some other part of Pakistan, and why the government cannot protect you (the second one is pretty easy for Pakistan). Take care, Jason
I have a complicated case.
I recently received my asylum based Green card and I want to file I-130 petition for my wife who has her own asylum case and was recently interviewed. AO told her that she will receive the decision in mail which I believe can take months. In I-130 there is a question which ask if beneficiary is in removal. So far she is not but what if we get negative decision after filling petition?
I know you dont answer form specific questions here but do you think its a good idea to add a written explanation with form about this? Thanks.
Kind Regards
If she is not in removal proceedings, the answer is “no”. If that changes, you can update the form later. There is a waiting period for spouses of GC holders, and she may have to leave the US to get her own GC (which can be complicated if she has a pending asylum case and is a real problem if she is in court). You may want to talk to a lawyer about this. Also, it often solves these problems if you can naturalize, so you may want to do that as soon as you are eligible (4 years and 9 months after the date listed on your green card, which is 1 year earlier than you actually received the card). Take care, Jason
Hi Jason I hope you are doing well. Would it be okay for me to visit Hawaii if I have a pending asylum case, I currently live in North Carolina. Thank you
Yes, just don’t stop in any third countries along the way, and stay clear of the lava. Take care, Jason
Hi Jason
My wife and I have a pending asylum case. I am the principle applicant and she is the derivative. I want to know if we do not approve in the asylum interview and would be referred to the court, can she file a seperate asylum application based on her story and add me on hee application as derivative? If yes, both of us can apply for EAD after 150 days?
Thanks
She can file her own case at any time, though if she files at the asylum office, there is a different procedure since she is a derivative (basically, she would file at the local office) Contact the local office for details on that. You can find their contact info if you follow the link at right called Asylum Office Locator. In court, she can also file her own case, though presumably your two cases would be heard by the Judge at the same time. Take care, Jason
Is it okay to apply for a work permit while asylum is pending decision during this present climate?
Yes, as long as 150 days have passed on the Asylum Clock. Take care, Jason
Hi, Jason and everyone on this forum. Thank you Jason for creating this website and answering our questions. Yesterday I saw on youtube video of 1 blogger who applied for asylum in December 2017 and had interview in May 2018, it was Miami office. I Just wanted to let everyone know, that probably they’ve started to interview people from 2017. Does anyone know if any of 2017 asylum applicants was interviewed in NYC office? Thanks in advance.
Hi Jason
Considering the current atmosphere, would you say that it’s safe for a previous asylum seeker (Asylum based GC) to apply for citizenship? I don’t have any arrests or citations and my last background check was for a RTD 6 months ago that was issued. Just wondering how the interview will go and what kind of asylum related issues will pop up. What are you seeing with your clients and what’s your advise?
We have not seen problems with this for most people (aside from long delays), but there are issues for some – I wrote about what we’ve seen on November 13, 2017. If you do not have copies of your asylum case and your I-485, you may want to get them, so that you can make sure your citizenship application is consistent with the prior applications. You can get copies of your file using form G-639, available at http://www.uscis.gov. Take care, Jason
Hi Jason,
Speaking of the long delays. I noticed that on the historical average processing time for all uscis offices the waiting times were getting even longer. For instance, Petition from Alien relative went from 6.8 months on average in 2014 to 9.4 months in 2018; or Application to register permanent resident or adjust status went from 5 months on average in 2014 to 8.7 months in 2018. I know the current administration took office in 2017 and that the workload for applications is getting bigger. Do you think waiting times might possibly stabilize at some point in the future or even diminish? Especially with an administration that is so hostile to immigrants.
Regards,
I don’t know. I do expect as fewer immigrants come here, there should be more ability to get cases finished, but we don’t yet know how many people the Trump Administration is discouraging from immigrating (or at least I have not seen data on that yet). Also, once USCIS adjusts to its new priorities, that should help as well. Take care, Jason
I am waiting for your new blog post. I check everyday if any new article is published. Keep on writing Jason.
I’ll probably post something this week. We are making internal changes to the blog, and that is the focus at the moment. Take care, Jason
Hi everyone!
Quick update and timeline:
We had our MCH at New York Immigration Court yesterday and was scheduled for individual hearing in 2020 September. Things are not getting faster at the courts.
And we just realized our previous attorney ripped us off charging for asylum case with USCIS while there is a law clearly saying with our particular visa type our application supposed to be sent to the district director directly instead of USCIS.
So now we’re trying to get our money back as well as working on our case in the meantime. It is just very unnerving that we might have been done so long ago with this ordeal if the people would do their job correctly.
Timeline:
Applied for asylum 2015 june
Asylum interview (5 minute talk with AO about the above discussed mess) with USCIS Bethpage NY 2017 December
Referral to Immigration Court 2018 January
MCH at New York Immigration Court 2018 June
Individual hearing date set for 2020 September
We’re a little disappointed, were hoping for an earlier date but we’ll move forward and live our life.
Hello jason!
I applied for asylum in San Francisco office in 2015 until now i was scheduled for an interview, it’s been 4 years since i was separated with my family, I’m from Congo, my lil sister just passed away she was raped and kill, in the eastern Congo, i want to ask for an expedite interview so i can meet my family in a third country can i use her death certificate as proof? Also how long is it gonna take for me to get a response from the asylum office, and where should i send my request?
Thank you
Pole nduku
kama wewe ni wa Kongo, niambie jina lako ni nani. Nilitumia m kesi miaka miwili iliyopita na kuamini kwamba naweza kusaidia
You can ask for an expedited interview and use her death as evidence. If your immediate family is in danger, you should provide evidence of that too. Contact the asylum office about how to expedite. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, while your case is pending, you can apply for Advance Parole to travel and meet your family in a third country – I wrote about that on September 11, 2017. Take care, Jason
Hey Jason,
Have a quick question, I got approved for the expedited interview in Chicago asylum office. How long does it to schedule for an interview?
Please, anyone who knows about expedited asylum interview in Chicago AO, would you share your experience with me.
Thanks
I do not like to make comments on things that I am not very sure of but in this case, I would like to answer from personal experience. My case was expedited in June 2016 but I got interviewed in January 2017. Unfortunately, I am still waiting for the decision since then
I got approved too
Now two month and stll waiting for interview
Applied on Decamber 2015
I think our last expedited case in Chicago took 2 or 3 months to get the interview, but I am not 100% sure about the time frame. Plus, time frames change, depending on whether they have resources available to interview you. It should be soon, though, so make sure the case is complete and ready to go. Take care, Jason
Hi Jason,
Do you know how long will it take to get an interview if accepted for short-list?
I have TPS as well as asylum pendind. Can I drop my asylum and get sponsored by my employer through TPS? Please advise.
Many thanks
I do not know, and at least our local office (Virginia) seems to have eliminated the short list. As for sponsorship through the employer, you need to talk to a lawyer about that. You may need to leave the US to get your GC, and this may or may not be possible. So before you start the process, talk to the lawyer and determine whether you are eligible to complete the process inside the US, whether you have to leave, and whether it is possible to leave and return safely. As for the asylum case, you can probably keep that going while you do an employment-based case (it should have no effect on the employment case), but ask the lawyer about that too. Take care, Jason
Dear sir thanks a lot for your help,I have one question for you I applied asylum in 2016 and till waiting for interview. When I came here my wife and daughter also got b1 visa but that time they were not able to come here. Now my they want to come here they are already added in my case . I am scared that when they will come then imigration will allow them to enter in USA please suggest me
Thanks
It is possible that they will have a problem at the border when they arrive. There is no real way to predict that. If they arrive here, and can convince the border agent that they will leave at the end of the visit, they should be allowed in, but since you have a pending asylum case, it will be difficult to do that. If they are denied entry, they can either get back on a plane a leave, or seek asylum immediately at the airport. If they seek asylum, they will likely be detained. They may or may not be released, but I cannot predict that. If they come here, you should make sure your case is done and you have all the evidence – in case you need it for them. Also, your wife would probably need to seek asylum in her own right (maybe she needs asylum for the same reason as you), and so she would need her own evidence, which you can keep for her. She would also need to explain how she stayed safe for the last two years while you were here. I think it would be good to talk to a lawyer before she comes, and have the lawyer on stand-by, if you need to hire him/her for your wife’s case. On the other hand, she might just pass through the airport with no problem, but I think it is best to be prepared for any problems. Good luck, Jason
Hey Jason,
Last year my MCH was Scheduled for next week, but today I got a letter saying they postponed It for next year in LA.
1.Do you think why is that?
2.Is it possible to expedite my mch?
3. Do you think they might postpone again?
4. Can I get a travel document to see my family at a 3rd country?
I’ve been here almost five years, and I was waiting for the next week hearing, but they canceled it. So sad about it. Please answer these questions sir. God bless you!
1 – There could be many reasons, and this is common. It is unlikely for any reason related to your case. Maybe the Judge is on vacation, for example. 2 – You can try. I wrote about that on April 20, 2017. 3 – Maybe. 4 – You cannot leave the US if you have a pending court case. The better bet is to try to expedite the case. Take care, Jason
dear Jason
can i put mail address differ from my physical address but in other state in my asylum application,like i am living now in New York but my mailing address is in Michigan?
if that possible , in case when i renew my EAD to which center should i send my EAD renewal application , i mean i depend on which state .
note i am asylum pending
best regards
I am not sure, as the rules do not seem to accommodate this situation, or at least I have not seen a rule about this. It is probably more convenient to use your mailing address as the location for everything. I suppose you can try that and see whether USCIS rejects it based on jurisdiction. Also, the asylum office may think it strange that you are living in one state and using a mailing address somewhere else. You may need to explain that. Take care, Jason
Hi All
I applied for asylym last year on June. Based on the new rule, I was expecting I will be called faster not but still no interview. Is there any one whole filed in 2017 and got a call for interview?
Thanks
J.
As far as I know, there are very few people from 2017 who were interviewed, and I would not expect an interview any time soon (though maybe some offices are doing 2017 cases). You can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Agree w/ Jason. It depends on the office your filed your case.
Also it seems that there are two streams: one is to clear the latest fillings and work backwards, another is scheduling legacy cases from the very back.
I think as of now you might have to expect interviews late 2019… (assume your local asylum office took average 3 months to clear one month of backlog… which is a bit optimistic).
Dear Jason, we all owe you so much and can’t imagine our asylum journeys without you. Thank you from all my heart and soul to YOU for all your support, wisdom, knowledge, kindness, help and compassion to us all.
Could you please advise us if we can please apply for health insurance? I applied for one and didn’t realize that Federal subsidy, tax credit will pay a portion of our family premium, like 80%. Is it better to cancel it quickly and is it safer for us to just live without health insurance? Unfortunately we can’t get insurance thru employer. The insurance I mentioned is not Medicare. I had no idea about tax credits and subsidy on it. I am just so afraid that it can backfire later at us and prevent us from asylum, green card or citizenship. Thank you and God bless you abundantly!!!!!!
Subsidized health insurance should not affect an asylum case. Also, as far as I know, it will not affect a GC case if you are applying based on a grant of asylum. Other types of applicants (such as family-based immigrants) might be affected by this, but I do not know for sure. Take care, Jason
Hello Everyone. Is there interview for asylum based green card applications now? I am talking about primary applications, not derivatives. I read about it in one of immigration forums. Thanks for taking time.
I think some people will be interviewed, but I think it is not standard practice for all principal asylees. Take care, Jason
We got our green cards just now and neither my spouse (principal) nor me (derivative) were interviewed. I did not apply for 730 because I stayed here with my spouse since he applied for asylum
Thanks guys. Wish you all the best. Jason, Thank you for advocating for vulnerable people.
That is helpful – Thank you. So you (the dependent) got your asylum at the same time as your husband? Maybe dependents who are included in the original asylum case will not be interviewed. Or maybe USCIS is just behaving inconsistently for different applicants. Take care, Jason
Jason, if the derivative was present at the asylum interview, then the derivative will not need to do the interview for the GC. If the derivative’s name was put on the I-589 but was not present at the interview and was later petitioned for using I-730, then the derivative will need to do an interview when he/she is applying for GC. At least that’s how I interpret it.
Thank you – That may be the policy, to the extent there is a consistent policy. Take care, Jason
Hi Jason,
Appreciate your efforts and time for being voice for the voiceless.
I applied for my asylum on April 1, 2018. I gave fingerprint 03 weeks after in Richmond, Virginia. Though I expected my interview soon as per the new LIFO basis, I have not yet been scheduled. I know someone who applied 02 weeks ahead of me and interviewed, and also some other guy who applied 02 weeks after my submission, and got interviewed yesterday. It has been more than 02 months since I applied but not scheduled yet. I contacted Arlington office, and informed to wait for 2-3 weeks but not yet scheduled after waiting for 6 weeks of my inquiry at the office. I felt that my application might have been skipped. Should I request for an expedition , or just wait and see. I am suffering from severe financial problem and subsequent psychological distress. Besides, does applying by DC address versus verginia make a difference in the case processing time? I don’t have a lawyer, and does that might have delayed my interview?
Thanks for your response.
I think Arlington does not have the capacity to interview everyone who applies, so maybe you are skipped. You can try to expedite (I wrote about that on March 30, 2017), but given that your case is new, I do not know whether they would expedite. In terms of being skipped, I do not think it makes any difference whether you have a lawyer or where you live – I think it is mostly just luck (though I suspect that people with a one-year bar issues may not be skipped, but this is just a guess). Take care, Jason
Hi Jason, I have applied for asyulm since April 2015 and do not get interview yet. I renewed my passport because I was on F1 at that time and the school asked me to renew my passport. my lawyer said me it is o.k to renew that since you are on F1 and you have to keep you passport valid. do you think this is a good reason to explain for the officer if he asked my during interview? I loose my status last month do you think the ICE would track me for that reason? I have pending asylum and wating for interview.
When I was f1 I did not renew my passport. I explain to my school. And I used other document to show that I can get my passport.
*** I explained to my school why I couldn’t get my passport.
Whether renewing the passport will have any effect on the case depends on the case, but for most people, it seems to have no effect. If you have a pending asylum case, you are still lawfully here, so I would not expect ICE to contact you, as long as there are no criminal or immigration violations. Take care, Jason
Hi Jason,
My husband went to inquire about his case and was told that it is with the supervisor awaiting signature on the decision and would take 30 days. Should we believe that it will take 30 days or could it be longer? Has anyone ever been told the same thing?
Thank you.
It’s possible, but this often turns out not to be the case, as things take longer than anticipated. If you hear nothing after 30 days, you can make another inquiry and remind them what they said about the 30 days. Take care, Jason
Hi.After approval/grant of Asylum what else for new Work permit and social security on behalf of granted Asylum? i have work permit permit valid for next year and have social security number too.After grant of Asylum can i be issued both new things automatically? or older will continue?
Saleem, the process of applying for an EAD will depend on whether you were granted asylum by a judge or USCIS office. Also, it depends on whether or not you have an existing valid EAD.
With an asylum grant, you can apply for an “unrestricted” social security card at the Social Security Administration.
I don’t think they will issue you a new EAD since you have a valid one that expires next year.
You can apply with your new status after the old one expires. The new category will be A5 instead of C8.
Thanks for guidance. My Asylum approved by immigration judge. My EAD will expire next year. What next? Can i apply for un restricted SS? Or EAD? Or they will send automatic? Or when my EAD will expire what will be next? Kindly guide in detail.Thanks.
Saleem,
I know from my friend’s experience that once your asylum is approved, all you have to do is go to your local Social Security Administration office and update your status from a “pending asylum” to “asylum approved”. The office will then send you a new social security card with the same number. Any employee will check your social security number and will know that you have an “unrestricted” work permit; they do not need an EAD from you. That means, you do not need to apply for new EAD.
I hope it is helpful.
Attorneys can correct me if I am mistaken.
Thanks a lot.My Asylum approved by immigration judge. what documents i need to file at Social security office?
Saleem, my friend took only her approval notification.
And, by the way, she got employed at a government office after her approval and they only checked her social security number to see her status.
My experience after I am granted from office they sent me a new EAD A5 even my old ead card is not expired yet. Because you old ead card was c8 you are no longer on c8 anymore.
And I went to chage my SSN status in the ssn Offic.
My experience is the same as yours, NYC. You will still be issued a new EAD.
Nyc, you are right. They will send a new card as the status has changed from C8 to A5. This is usually when you your approval comes directly from USCIS. I’m not sure if it still matters where your asylum grant comes from. Normally, where your grant comes from depends on how you get your new EAD. I believe Saleem will have to make an info-pass and go to USCIS with the asylum grant, ID and any other required documents.
For unrestricted SSN card, you need to bring a form of ID with DoB and court order.
Please wait couple of days to let the record shows up in their system.
It’s also recommended that you contact local asylum office so they can help request for you a new EAD. This is not automatic but highly recommended. After final approval (means DHS did not appeal) it’s best to finalize processing with local asylum office.
VVN, in my judgement immigration judge wrote at bottom on Appeal waved. Inspite ofit DHS can do appeal in BOA? Usually it happens?
If DHS waived the appeal, the case is over. It would be very unusual if DHS tried to change its mind and appeal. Take care, Jason
Hey saleem can u plz tell ur time line ur in Ny ??
I wrote about this on May 18, 2018 – I think there is a link in that article that will help (in the fourth paragraph). Take care, Jason
You should automatically receive a new EAD after asylum was granted at the asylum office. If it was granted in court, there is a procedure you must follow. I wrote about that on May 16, 2018. Take care, Jason
Jason,
I applied for asylum in 2015, and got interviewed last week. With all the current immigration issues in the US, I am worried about the result. While hoping for a positive response, I want to think of other options. Both me and my husband recently earned our PhDs from a U.S. university. He is in Engineering and my field is also indirectly related to the sciences. He has multiple publications in scholarly journals and conferences, I also have quite a few.
Could we apply for EB1 and EB2 visas for “special talent” while our asylum is pending? I heard that those visas are permanent immigrant visas.
Thank you so much for your support.
Hi Eswa,
Congrats on getting on interview and I hope for the best!
You and your husband seem highly qualified. I would want to imagine that Canada would love to have you and your husband. Perhaps you and your husband can also look into applying to Canada for immigration benefits as a backup. But, for now, let’s hope for the best.
For EB1 and EB2 visa, Jason may know more about these visas.
Jamie,
Thank you for your k ind words and for your advice about Canada. Can you tell me further about the Canadian application process? Or, can you share please with me links that you think have helpful information about it?
Thank you, again.
My advise is DO NOT attempt Canada for now. You will not be eligible for Asylum (and you asylum will be terminated if granted) once your Canada PR is approved.
You shall talk to a lawyer specialized in EB petitions. It’s important how the materials are presented. For example, you need reference letters. EB-1 and EB-2 NIV might be available (without a job offer nor PERM).
Also you can talk to employer regarding their sponsorships, normally a PERM is required.
Thank you, VVN, for your advice.
Sorry that I forgot to mention that both my husband and I are currently employed at a public university in the U.S. and we both are using our EAD through the pending asylum status.
I don’t know anything about PERM, I might need to read about it.
Thank you once again.
Normally public universities do sponsor for PR status. You shall talk to your department head. PERM is generally referred to department of labor certification which is required for EB2 not seeking NIW.
Again, you do not need a job offer if you apply EB1 or EB2 NIW. Talk to a lawyer. If you are not seeking EB1 or NIW your PhD or papers generally are not a factor (other than qualify you for EB2).
I forget to mention that, you shall also try to get status such as H-1B.
Normally you will not be eligible for Adjustment Of Status unless you maintained lawful status (asylum pending is not one of such status) (or < 180 days out of status).
Once you exit and being admitted again for example under H-1B status (visa stamped in Canada for example) the clock is reset.
VVN, nobody is telling ESWA to blindly pack and run to Canada. My original post did say as a BACKUP. “Backup” means when one plan/thing fails we use the other/ something that serves as a substitute. “Fail” means when something doesn’t meet a set of criteria/requirements, never materializes, or was unsuccessful.
ESWA, Google ways you can migrate to Canada. Obviously, if you are granted asylum in the US and later granted PR in another country you would lose your asylum status (if you are granted asylum) as you would have been given protection by another country.
At the end of the day, ESWA and his/her family seem like the type of people Canada wants. It doesn’t hurt to research it.
ESWA, **fingers crossed**- you will get your approval.
Congratulations could you please tell us which office?!
Which asylum office if you don’t mind plese
Hi Eswa,
May you tell us did you expedite your case? & from which asylum office?
Thank you.
Hi Liz,
No I didn’t expedite my case. I only filed a change of address when I moved to a new place in February which I think brought my case to a Last-in-first-out situation. My case was in Chicago office.
Those (EB1 and EB2) are both paths to a green card, and there are pluses and minus to each. If you are still in-status, you can apply for them without leaving the country, but if you came to the US on a visa and that visa has now expired, you would probably need to leave the US to get a GC based on either category. At this point, you might as well wait to see whether you get a decision soon, but if not, or if your visa status is expiring, talk to a lawyer about EB1 or EB2 to see whether you might qualify, but make sure to ask about whether you need to leave the US to get your GC, and whether that is possible. Take care, Jason
Jason,
Thank you for your response. I did my asylum interview two weeks ago and am hoping and praying for a positive response.
I am not on any type of visa. Just wanted to know if I or my husband can apply for EB1 while we are on a pending asylum status.
Thanks.
Sorry for the delay. He can apply for an EB1. However, depending on his current immigration status, he may have to leave the US to get a green card, which may or may not be possible. He should talk to a lawyer and make sure he can get the GC before starting the process. Take care, Jason
hi jason,
i have pending asyllum case for decision, conducted my interview 10 months ago, now my EAD is about to exprire, the question is shall i file the i-94 with the renewal EAD or a copy form my asylum receipt would be enough, please advise.
in addition, do you have any syrian clinets who has been approved recently ?
I don’t remember – we have had Afghans approved recently, and the US government doesn’t like them either, so there is definitely still hope for Syrians. Take care, Jason
If you have been issuedI-94, you should include one.
Photos, I-589 asylum acknowledgement mailer AND a copy (front+back) of your current EAD are also required.
Don’t forget currently you will need a $410 filling fee for renewals.
If the case is still pending, even if you have already been interviewed, the process to renew the EAD is the same as it was prior to the interview. We normally include the asylum receipt and I-94 when we renew an EAD. Take care, Jason
Hello Jason.
Thank u for all your assistance in answering so many questions. Bless u.
I had applied for asylum in 2016 and am a converted Christian.
Can you please help me as I am a single mom. Separated from my husband and he is not in the country.
I just wanted to know and am scared that with new laws if the asylum is not approved or NOID do we still have a chance to apply with the immigration judge or not?
I am just waiting for my son to turn 21 in 3 years so that I can get sponsorship from his side.
What can I do? I am so worried. I am a Pakistani and if converted I return back I can have huge issues. My kids are US citizens.
Any advise wud be appreciated.
Also if u can tell me if I applied in mud of 2016 when shud I expect my date.
No one knows, but it will not be any time soon, and I would not be surprised if you waited several years (unless you are able to expedite). Take care, Jason
I believe I already responded to this – your case will likely not be interviewed until your child is 21, so you can have him sponsor you. Alternatively, you can try to expedite in an effort to win your case and get your husband to the US more quickly as a dependent. I wrote about expediting on March 30, 2017. Take care, Jason
I have pending asylum case since January 2014 and i have active i20, i’m a foreign medical graduate and I’m planning to apply for medical residency and want to keep my status, can I apply for programs that sponsor j1 visa and i have pending asylum case ?
Thor other option is be out of status and use my EAD, but I’m scared of the consequences of being out of status any suggestions i will appreciate it as I’m really confused.
I do not know whether they would give you a J visa with a pending asylum case. There are different types of J visas, so maybe it is possible. Probably talk to the school for help on that. You probably could just use the EAD. The main disadvantage to being out of status is that it will make it more difficult (or maybe impossible) to get another type of visa, such as an H1b or other work visa – if you are out of status, most likely, you would need to leave the US to do that, but there are exceptions. Take care, Jason
Hi Jason,
Just a quick question about U.S pulling out of the UN Human Rights Council. Does this going to have any effect on the Asylum application?
I think it should have no effect on domestic US asylum law. Take care, Jason
Jason,
I worked as a contractor for more than a year and now I am unemployed. I do have a valid EAD and I paid my taxes.
1. Are Asylum pending applicants eligible for Unemployment Insurance claims in Virginia?
2. If ‘yes’, could this have a negative effect during asylum interview process if I receive it?
I would appreciate your response.
Thank you very much,
Apratin
1 – I do not know; you might have to inquire with the Virginia unemployment office. 2 – I think it would have no effect, as unemployment is earned (just like you pay for insurance and use it if you need it); it is not a means-tested benefit. Take care, Jason
Thank you, Jason Brother !
Hi Jason,
Thank you very much for your informative blog.
I have 2 simple questions:
1- Are you seeing/noticing more denials of affirmative asylum in the context of these increasing anti-immigrant sentiments of the current administration?
2- Will the US pulling out of the UN Human Rights Council affect asylum seekers? Can the DOJ or DHS completely change laws regarding affirmative asylum or would that need a law passed by Congress?
Thank you again
1 – It’s hard to know, but I do not think so. 2 – It should have no effect. Congress would need to change the law to eliminate asylum; otherwise, it is US law. Take care, Jason