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 Jason.
Thank u so much for so many questions asked.
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 ha e huge issues. My kids are US citizens. U think my asylum case can be pushed for another 3 years till my son turns 21 years.
You only get a NOID if your asylum case is being denied and you have some other lawful status in the US (usually H1b or F-1). Otherwise, you get sent to court where you can apply again for asylum. It is actually easier to win in many courts than to win at the asylum office. If your case was filed in 2016, it is unlikely that you will have an interview in the next 3 years, so you can probably just wait for your son to sponsor you when the time comes. If you want to expedite your case in order to try to bring your husband here more quickly, I wrote about that on March 30, 2017 – maybe that would help. Take care, Jason
Hey Jason,
I filed mid of April, 2018, Biometrics appointment after two weeks and now eagerly waiting for an interview appointment date. @ Arlington office. I was wondering if Arlington office is following this LIFO thing. Do you think sooner they will call me for the interview?
They are following LIFO, and I would expect an interview soon. However, I think they do not have the capacity interview all applicants, and so if you do not have an interview within a month or so, it may mean that they did not get to you, and now you will have a long wait (how long, we have no idea). Good luck, Jason
dear Mr. Jason
I should first thanks you for all what you are doing to update us all time with information as we stressful as pending asylum case in different levels. and I need your advice as I had been arrested by ICE after I showed up for interview as requested in their office but I refused to sign the form I-862 which they tried to force me to sign and to stamp my finger on it as I am staying as asylum case pending for decision. then I have been released after I paid bond of five grands with GPS in my leg and ICE officer assigned to the case on the next day.
as I knew their is nothing to do by ICE to me as pending asylum case, but this what happened. what I should do to dismiss all this situation?
thanks.
In this situation, you need a lawyer. Whether the situation can be resolved or not, I do not know. But if ICE arrests you, presumably, they want to deport you, and so you would do well to have a lawyer to help you defend yourself. Take care, Jason
Hi Jason,
Can ICE arrest asylum applicants, force them to sign forms, and place GPS monitoring devices on them? I don’t understand. Or is bagira’s case different? Can ICE ask asylum applicants to come in for interviews?
ICE has the power to do that, but thus far, they have not done that except in particular cases – where the person has a criminal issue, for example. Take care, Jason
OK, thanks for the explanation
Is my refused to sign form I-862 positive or negative for my situation as I DON’T have any criminal issue..?
I do not know, but it is probably unwise to sign anything from ICE unless you have a lawyer review it first. You cannot trust what they say to you (I have seen many examples of ICE lying), and you have to be very careful when dealing with them. Take care, Jason
Hi Jason,
I am preparing my green card application based on asylum grant. I am a little bit confused about this question:
“Have you EVER applied for any kind of relief or protection from removal, exclusion, or deportation?” Does filing I-589 and getting asylum constitute “applying for protection from removal”? I just don’t know if I should choose “Yes” to this question if I have been granted asylum.
I can’t answer specific questions about forms, when I do not know the case. But in general, it probably does not matter what you say, as long as you explain. I circle the question on the I-485 and write (by hand) Please see cover letter. And then in the cover letter, I provide an explanation. As long as USCIS does not think you are trying to lie or cover up something, you should be fine. Take care, Jason
Hi Jason,
I had applied for affirmative asylum in May 2016 and I was interviewed in April 2018 and was given a NOID letter after 2 weeks. I did not appeal the NOID and hence asylum can be marked closed/denied, although I haven’t received the final denial letter from USCIS. My status is legal (H1B) until Dec 2018 and I had the same status even in 2016 when I had applied for asylum
Questions are –
1. Will Asylum denial affect directly any future H1B extensions/transfers ? Or is this a grey area such that I may or may not get further H1B extension ?
2. Does asylum denial mean I will no longer get GC in future even if it is employer sponsored ? Or if I continue to maintain legal status and good background (no criminal history or any immigration violations) then can I still hope for something positive in future when I have to apply AOS via employer sponsored GC.
3. If I have to leave US for few weeks and return then Is getting H1B visa stamped abroad advisable ? (NOT from the country from which I sought asylum). Lets say I sought asylum from Isreal but I go for H1B visa interview at a US consulate in Canada then will it be safe or are there chances of outright visa denial because asylum got denied ?
Rohit, which State in the USA did you apply from? Thanks
New Jersey
Hello Rohit,
Did you expedite your case,in order to get early interview?
Please advise.Thanks!
No, I did request any early interview. I got it randomly
1 – H1b is a “dual intent” visa, meaning that it does not matter whether USCIS thinks you intend to remain permanently in the US, you are still eligible for the visa. So the asylum probably will not affect future applications related to the H1b. 2 – No, you are still eligible for a GC, if you can qualify for it through a job or some other way. 3 – The visa should not be denied. However, these days, you never know, and so if you have to leave the US, you may want to talk to a lawyer first, to make sure there are no issues that I do not know about from your post. Better safe than sorry. Take care, Jason
Thanks a ton, Jason. You replied in no time.
Hi Jason,
I was granted derivative asylum and adjusted status to green card since. My wife was the principal Asylee and we are now divorced. I want to get remarried to someone who lives outside the country. Can I file a form I-730 for a spouse? Or a form I-130 which seems to take forever? What are my best options?
I even considered getting a “nun prun tunc asylum’. Am I even eligible at this stage?
Thanks a lot for all you do.
If you have a GC, you do not need a nunc pro tunc asylum case. For your new wife, you would need to file an I-130 based on your current green card. You can find the waiting time if you Google “DOS visa bulletin” and check your category (spouse of an LPR). Take care, Jason
Hi Jason,
I am sure you heard that President Trump said that he doesn’t want the United States to turn into a “migrant camp.” how it will affect us? Is there a possibility to stop issuing work authorization for pending asylees?
The government does have the power to stop issuing work permits for people with pending cases. Thus far, they have not done that, but they could, and obviously that would be more damaging. Hopefully, they don’t. On the other hand, people with asylum cases who work illegally are not blocked from asylum by the unlawful employment. Take care, Jason
Hello Jason,
Once again I thank you for all the resources you are making available to us here on the Asylumist.
My wife and I have an interview scheduled soon. My wife is the main applicant. I recently got in touch with a potential employer who interviewed me for a job at their organization. I was forthright with them that I don’t have a work permit yet. So they have given me an official letter indicating their willingness to offer me a current position permanently once I show them I am authorzed to work in the US legally.
Do you think this letter will be helpful at the asylum interview?
Thanks.
I do not think it will help. You might include it any way, as I doubt it will hurt, and it may show that you are trying to get a job, which is positive. But overall, it probably will not make any major impact. Take care, Jason
I contacted USCIS about my I-485 based on asylum and they answered me :
records indicate your application is currently pending and has been pre-adjudicated. Final review by an officer is dependent upon additional reviews on your case. Please keep your mailing address current to avoid missing any correspondence or notices.
does it mean i am closer to receive it? on your experience when they say this how long is the wait ? or it is just generic nonsense answer? thank you in advance.
When did you apply for your asylum based GC? I tried contacting USCIS, but to no avail.
I submitted outside normal processing time request and they answered me after like a week. applied in last Sept. whats about you ?
I called them before, they transferred me to officer but he only told me we received your case and it is still pending.
Probably it is generic nonsense. If you are outside the processing time, you can call USICS (the phone number can be found at http://www.uscis.gov) and/or you can seek help from the USCIS Ombudsman – a link is at right. Take care, Jason
Thank you
Hi Jason
Do I need to update my asylum application with information about new born child?
You can do that at the interview. Maybe complete a new page 3 for the officer, so you can just hand him/her the info that is needed. Also, you can file a copy of the birth certificate. Take care, Jason
Hello Jason,
I have submitted expedite request last week at Newark office. How long it takes to get a response to my request? if anyone has experience with Newark office please share.
If you do not hear anything in 30 days, email them to inquire about the expedite request. You can find their contact info/email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason! Hope you are doing great! And thank you for your great help here on this forum! My interview was in 15th june 2017 it’s past one year but no decision however I have vary strong case What’s your advice ?
Thank you
You can contact the asylum office to inquire about the status of the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi
if i apply for RTD to travel to attend a conference,for how much period uscis will issue the Travel document?some one told that uscis issues for 2 years?
The Re-entry permit is sometimes for 2 years. The RTD is one year. You apply for both using form I-131, available at http://www.uscis.gov. You must have a green card to apply for the re-entry permit. Take care, Jason
Hello Jason! Hope you are doing great! And thank you for your great help here on this forum! My question is that my asylum is been pending since 2015 and haven’t interviewed yet. I am planning to get married but my spouse (future spouse) is a student and doesn’t have a green card. Would she get work permit if I add her to my application? And would my case be processed on LIFO basis after I add her to my application?
You can add her to your case and she can get a work permit (as long as you already have one, or are eligible to get one). Contact the asylum office about the process to add her. You can find their contact info if you follow the link at right called Asylum Office Locator. Adding a dependent will have no effect on the scheduling of the case – you are still in the same queue as before and LIFO does not change that. Take care, Jason
Hi, Jason,
I would like to ask you regarding Temporary Protected Status(TPS) and Asylum. If a person is currently on TPS only and planning to apply for asylum, How this works? Can a person renew his/her TPS and apply asylum or leave the TPS and apply? The person was on F1 before TPS and moved to TPS status and leaved F1. Currently only on TPS. Thank you.
You should be able to have TPS and apply for asylum – there is no contradiction with that, and we have had clients do it. If the case is denied, I think it will go to court even if you have TPS, but I am not sure. Also, some judges will not schedule a TPS person for a final hearing, since a person with TPS cannot be deported. They will wait until TPS ends before doing that. I do not think there is an overall policy about this, and it may be up to the judge. But if you have TPS, you can be granted normally. Take care, Jason
Hi jason
I still can’t thank you enough for your great assistance. Each time i log in to this platform, i end up being relief from this hopeless waiting.
Right now i’m physically and mentally disturbed as too what may happen to my family as the persecution keeps going on even in my absence.
Please i have evidence as to the last incidence that recently took place, i’m think to ask for expedition but don’t really know how to go about it.
Is it a document which i have to upload and fill out with the supporting docs
Or
a letter addressed to USCIS asking for expedition with the supporting docs.
Kindly help me.
We request it by filing a form (which the asylum office has) and delivering it in-person or by email. Contact your asylum office to ask about the process. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, I wrote about expediting on March 30, 2017. Take care, Jason
Me and my family applied for asylum in the office of San Francisco in september 2015, it’s been almost 3 years and we haven’t heard anything. Please can you tell me if there are still any cases of 2015 and if you guys have finished the process or not. Please share the experience with us.
We have not seen any such cases, but we do very few cases in SF. You can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
We have tried to expedite because of my dad’s serious medical reasons since he’s disability but he haven’t anything back. We’re really desperate about this whole situation shouldn’t we at least get a response back.
In theory, you should get a response back, but that does not always happen. If it has been more than 30 days, email the asylum office to ask about the expedite request. You can find their contact info/email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Everyone,
I’ll try to keep this short. We all know how miserable and difficult waiting is. Also, with the new LIFO system and the removal of the interview-scheduling bulletin, without any replacements from USCIS, the problem is exacerbated. I have a solution! (I hope)
I created a Google Excel Sheet. Briefly, we get enough applicants to fill in their timeline information, we can pretty quickly created a “de facto” scheduling bulletin that is even more accurate and more useful than the old one that USCIS provided. Of course, for this to happen, we would need enough data from people who applied *BEFORE* February 2018 since all these cases appear to be promptly handled under LIFO. Cases before that (or backlog cases) appear to be handled differently from office to office.
@Jason Dzubow: Again there are no words to thank you for your devotion to the cause. If you agree with me and like the idea, perhaps you can help us speed this process up by including the link of the Google Excel Sheet I’m attaching in the next article that you may be working on. Also, if your firm and other attorneys you know share this information with your clients, we can get this data even faster.
Of course, it is all anonymous and no personal data is included. Please take a look at the Google Sheet (https://docs.google.com/spreadsheets/d/1u-6bcGnJFjRlQ8P67qseh3duh8a8GzbfnCYj-_ck9k4/edit?ts=5b25d5d0#gid=0) and let me know what you think!!
A full description of the idea and the sheet will be found on the sheet!!
Best of luck Y’all!! We can make this happen pretty quickly if we get enough participants!! The Google Sheet is public and anyone can add their information. As mentioned in the sheet, I will periodically (maybe daily or weekly) “protect” inputed information so that no one can go back and change what you entered. And evenutally, anyone can analyze the data themselves (and I will do a a full analysis myself too) and have this information available to everyone!
THANK YOU AND PLEASE CONSIDER THIS Y’ALL!
Hi Samuel
Think this is great idea I tried filling out the sheet but couldn’t.
So here is my timeline
Applied 11/30/17
Application pending from 12/4/17
Biometrics done12/28/17
Office Houston
No interview yet
Thank you MMP!
I added your data. Please tell me, however, did you apply for a shortlist or expedition?
I’ve “protected” your data so no one- even you- can change it anymore (except me of course).
Question: So that I can help others, what issues were you having ? accessing the link? Inputing data? You don’t need to “save” anything by the way. The program “saves” your data when you exit. Just close the sheet when you’re done.
Thank you!!
Hi Samuel
No I have not expedited
And thank you for adding my data onto the sheet
When I opened the link the page came up but it wouldn’t let me insert any data onto it. All it allowed me to do was insert a comment.
Could be that I was doing something wrong
Samuel, this is a very creative solution to the problem of uncertainty at the various USCIS offices. I think there is one very obvious limitation to this solution, however: Unreliability.
If this will be a public Excel file, it would mean that anyone can input data in this file and therefore undermining the integrity of the document.
Even if people put their information (application dates, interview notice dates, case decisions, etc.), and the information put in the file is accurate; the reliability of the information is not compromised, we still could not infer from the information put in the Excel sheet USCIS’s interview scheduling pattern. This is because USCIS is seemingly interviewing the last cases that are submitted and working their way back to older cases. Furthermore, you would have to account for the differences in the number of applications received by each office and their ability to complete the cases. In other words, some offices receive more case that some and thus these offices may not have the resources or the ability to reach older cases as quickly as another USCIS office that receives fewer cases.
To me, this would create more confusion and ironically add to the frustration as, I can guarantee you, some of the applicants would take the information put in the Excel sheet as gospel and not inference or intelligent guess. It was nonetheless a creative idea.
Hi Jamie,
Thank you so much for your response and thoughts! (a) I completely agree that the biggest issue would be maintaining the integrity of legitimate inputs. (b) However, I think if the integrity is not compromised (that is, 1-people give us exact and honest dates and 2- they don’t edit other people’s input on a daily basis just for the fun of it) we can estimate waiting times and the system that each office is using.
Specifically, (1) The Google sheet requires that you specify your asylum office’s location – this will help us deduce location-specific schuedlling patterns. (2) The differences in the number of cases received should not matter because of the “1” (3) The Google sheet also asks applicants to specify whether or not they had requested a shortlist (4) As for your concern about scheduling later applications before early ones, I agree but this is why I said in my post the data that would be useful to us is from people who applied BEFORE February 2018- that is, for applicants whose interview dates are not necessarily following the new LIFO’s 21 day provision.
As I mentioned in my post, however, this would only work *IFF we get enough people to sign on and share their information** If enough people sign on and with time, we can build a timeline that is definitely not gospel (just as USCIS’s original bulletin was not gospel either) but can perhaps help ease nerves AND help people plan for their applications and lives better.
For example, from the posts here it *seems* (and this is just a very primitive guess because I don’t have enough data):
(1) All 8 offices are following LIFO for almost all applicants who filed after February 2018
(2) The confusion is with tier-3 applicants or the “backlog” applicants. It seems like offices are doing it differently and this is where the sheet will help us surmise their patter:
(a) For example, at first glance, it appears like the SF office is actually following LIFO for almost all backlog applicants too
(b) Another example, almost not enough data at this point, but it looks like Houston is not following that patter. My guess is Houston is using it’s once-existing shortlist to deal with tier-3 backlog applicants. That is, the shortlist doesn’t exist anymore after LIFO came to pass. BUT, they are using the shortlist they once had to deal with backlog applicants.
As for the integrity of the data, you’re absolutely correct. That will have to depend on the community overall. That only thing I can do to help with that, is that I “protect” inputed data every time someone adds an entry (about every day for example). “Protecting” means that the sheet won’t allow the public to change someone else’s information (or even your own once you’ve existed the sheet).
This would certainly be an experiment but I truly believe that if enough people subscribe this can work!
Regards!
Samuel
Oh also, give it a try! You’ll see what I mean 🙂
For example: try adding your information or try changing anything else on there right now (everything is protected as of 6.17.2018 at 6.21 PM – so you can’t change anything “inputed” before this point in time).
Last thing I forgot to mention, I would not encourage people to interpret the raw data. While accessible to everyone for viewing, I do aim to analyze it myself and present my findings to everyone.
Thank you 🙂
I think there is no harm in giving this a try. I am hoping that we will get similar info from the asylum offices, either in a new “Scheduling Bulletin” (which I doubt) or at least from the periodic meetings they hold to inform the public and legal community, or maybe from a FOAI request. In any event, it will be interesting to see what we can learn from the spreadsheet. Take care, Jason
It’s a good idea. If you can gather enough data, you may start to see a pattern, or at least see when “old” cases are being interviewed. We are gathering similar data with our cases, but except for a few expedited cases, we have not had any old cases interviewed. Take care, Jason
Jason and Samuel, thank you for the thorough explanation. I do agree that there is no harm in doing this. And by all means, go ahead with the idea. I just wanted you to mention the limitation(s) of such a brilliant idea and to perhaps explicitly state, in the form of a disclaimer, that the information should not be strictly followed but instead used as a guide.
However, I am still convinced that if this is open to the public to add data, then there is no way the inputted data can have any legitimacy/reliability. To me, this is like using Wikipedia as a source. While Wikipedia can be used a source, it must be supported with a more reliable source. Imagine that you have some random person who is anti-immigrant and wants to make things more difficult for asylum applicants. This person(s) decides to add false/made-up information to the document. Protecting the inputted data does not fix the problem of false data being inputted. You would be seriously mistaken if you think that it’s only asylum applicants, or people who mean us well, who follow this blog.
By the way, will the document ignore information from people who apply after February 2018? Will someone, using an IF Function, for example, sort the data to only include information before 2018?
One of the biggest advantages of your idea, which I was hoping you would have mentioned, is that it allows for organization and convenience. With organization and convenience- assuming we are ignoring the reliability of the information- asylum applicants can have a “go-to” source that can give some kind of insight into the scheduling pattern of the various USCIS offices, instead of relying on randomly shared information on this blog.
Hi Jamie,
Thank you for suggestions! I like the disclaimer idea. I will include that in the header.
Wikipedia should not be used as a source in academic or formal writing, but it often provides a great starting point when researching a topic 🙂
You make some valid points about reliability and people with bad intentions, but these things also apply to every post on this blog. That is, anyone posting their timeline or commenting on this blog may be , deliberately or indeliberately, making false representations. So that problem is not exclusive to the Google sheet.
As for people with ill will, they’re wasting their time- because messing with the sheet will have no bearing on the outcome of asylum seekers’ applications.
Finally, if enough people with good will (asylum seekers wanting this experiment to succeed) participate we would be able to detect vandalized inputs in time.
As for your specific question, everyone is welcome to add their information but the most useful inputs will be those from applications before February 2018 since the newer applications appear to be steadily following the LIFO policy. And yes, when I analyze the data I intend to limit it to entries before January 29 2018 (I believe this is the effective date for the use of LIFO). At the same time, the sheet keeps all data points viewable for people who want to make their own conclusions.
Thank you!
Samuel
Your concerns are obviously valid, and I agree, if there was an organization that did many cases, that organization could provide a pretty good idea of who is being interviewed. Also, hope springs eternal that the asylum office itself would release this data. We shall see. Take care, Jason
Hi Jason,
When I prepare my application, my teacher helped me some English words correction? Is she sign the I-589 form? Thanks
It depends how much the person helped. I would err on the side of caution, and list the person if the help she provided was significant. Take care, Jason
Hello Jason, I expedited my interview last month in Houston.today they got the respond “ Regrettably, the Director is unable to approve your request for an expedited interview at this time.”
Can u tell me what can I do now ? Thanks so much
Hi Shane
Im sorry to hear that. Can you share your timeline? When did you first apply? Also, what reason did you give them in your expedition request?
Thank you,
You can get new/better evidence and try again. There is really not much else you can do. But sometimes, if you try again, you will have better luck. Take care, Jason
[…] The Attorney General’s Not-as-Bad-as-We-Feared Decision on Asylum (The Asylumist Blog, June 2018) [text] […]
Hi, Jason thank you for helping people with your useful comment. If someone get final denial decisin by uscis, can he/she reapply for asyulm? ( assuming pas the one year bar)
Yes,that was happened to me in 2014 when I was in legal status,I didn’t refer to court and I receive a final debit.I reapplied June 2015 in LA and still have been waiting for my second interview (family separation with 2 kids).
You can – the procedure for filing is different. Check the I-589 instructions, but generally, instead of filing at the Service Center, you file the case at the local asylum office that denied your prior case. Take care, Jason
Does LA CA has shortlist or willing to expedite reasonably?
I wanna apply for expedition this month.My attorney doesn’t agree with it,but I talked to the congressman office and I wanna apply by a congressman.They sent me an email and I have to fill out the application and they will send directly to USCIS . I really frustrated with this family separation (4yrs) .Our sons pray every day to meet their dad as soon as possible.
I hope everyone in this process be patient and faithful.
God bless you!
What did you tell your congressman office ? And what type of letter is that . They should accept your request with that , make sure u have lawyer so u will be granted this time !
They sent me an application in two pages,in one page there is a section that I have write down about my reason of expedition request(family separation for almost 4yrs-my dads cancer stage 3).They said me that they directly send an email to USCIS and they’ll receive a response from them as usual.I consult with my attorney and he knows about my plan because he said the LA office doesn’t accept the expedition request.,therefore due to my knowledge from this forum I wanna do anything that I can to reunite our family.
Good luck – and make sure your attorney is aware of what you are doing (or find a new lawyer) and that your case is complete and ready to go, in case you are interviewed. Take care, Jason
I wrote them email about 1 month back and their response was that they are no more accepting short list. You can try also. They responded in few days
Maybe someone else knows; I do not. You can email the office and ask. You can find their contact info/email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason
I have a couple of questions.
1. I am moving to another State and at Law i need to change my Address with the UCIS BUT i am thinking the place i am relocating to (Boston) might take more years to process my asylum case as compared to Buffalo NY. The last time i checked on the since stopped scheduling bulletin, Boston was lagging behind in terms of processing cases. What are the repercussions of not changing address? Are they ever going to detect that i moved to another state?
2. i was wondering if i could have your email address, i have other subjects to ask related to Immigration which i cannot post on this forum.
thanks.
1 – If you move, you have to change the address (form AR-11, available at http://www.uscis.gov). If you do not change, USCIS may refuse to interview you at the old location, or they may deny the case because they will conclude that you are lying about the address, so you may be lying about the case too. These days, no one can really say which office is faster, so that does not matter. However, if less than 180 days gave passed on the asylum clock, and you change offices, the clock could stop, which would block you from getting the work permit. 2 – We do not answer any questions by email. If you need a consult, you can email my assistant and she can schedule you – Sinit at SHaile@DzubowLaw.com. Take care, Jason
Here is my experience with Refugee Travel Document (RTD).
Application submitted: Feb 16, 2018
Biometric Appointment: March 11, 2018
RTD produced: June 15, 2018
Hope to receive it soon. I know how hard it is for those who have been waiting for years to travel and see their family members.
Which office Nebraska or Texas?
My expedite request was rejected ? Will I be able to apply again for expedite request?
You could try again – try to get more evidence about the reason for expediting. We once had to try 3x before the person’s case was expedited (and he had a very good reason to expedite). Take care, Jason
Hello Jason,
Thank you so much for all your work and clear devotion to the cause.
I recently filed for asylum in December 2017. My case was pending as of 12/21/2017 at the Houston Asylum Office. With the new prioritization system, I can’t seem to find any information pertaining to such cases- particularly with the Houston office.
(1) Are you aware of any cases that were filed right before the policy change but got notices for an interview since then? It’s nerve-wracking and very disrupting not to have any idea what would happen and how to move forward with my life or make professional career choices.
Also, (2) what would happen if someone changed jurisdictions under this new policy? Will one be pushed back to the end of the line? Will one be thrusted to the front?
Thank you so much in advance,
Samuel
1 – I am not. Our only case recently at Houston was an expedite (it was granted about two weeks ago). 2 – I have not seen an announcement about that since LIFO, but my guess is that it is the same as before – if the case moves, you keep your place in the queue. One difference, if you move the case prior to 180 days after filing for asylum, it will stop the asylum clock and you may not get a work permit (though if you filed on December 21, 2017, it is almost 180 days now, so just wait until you pass 180 days before you file the change of address). Take care, Jason
Hello Jason,
Hope you are doing good. Thanks for your valuable reply for my previous post. I have a quick question. When i was applied asylum, i was on F1 status. I have a SSN from my opt-EAD, but my EAD from opt was expired on feb 17.
1. Can i work by using social security at any place with out an EAD.
2. Suppose if i work, does it have any problem in my asylum process or in future for green card.
3. i have applied
3. I have not applied for asylum with in a year. Does it have any impact in interview. I have read your article about filing with in year. But my lawyer is saying that it is ok to apply after a year, if we are in valid active status.(is it true). I cant trust my lawyer words because seems not aware of much things, as they are not showing up good interest to followup my case.
1 – If you have a pending asylum case, you need an EAD (or an automatic EAD extension) and the SSN. 2 – Working without permission would normally have no effect on an asylum case. In the past, such unauthorized work had no effect on a GC application, but in this new, very anti-immigrant environment, I suppose it could. You might need to do a waiver, which is an extra form where you pay more money to the government and ask them to forgive you for working without authorization. 3 – If you were in lawful F-1 status and a full time student, you should meet an exception to the one-year rule, so that should be fine. They could ask you about this at the interview, and – for example – if you were working illegally during your time as a student, they could determine that you violated your F-1 status and were thus not in lawful status, and if you were not in lawful status, they could determine that you do not qualify for an exception to the one-year bar. I think this is an unlikely scenario, but it might be worth discussing with your lawyer (or a different lawyer, if you have lost confidence in the current lawyer). Take care, Jason
Thank you Jason, i really appreciate your knowledge and time for spending to others with your replies. Without expecting any thing. You are god to the people who are desperately need help in this time with many questions, i have sooo much mental relief after your answers. I gained lot of confidence about my interview. I have seen only you the person expecting nothing and helping, i dont know how to express more about your help Nd i even didnt receive this fast and accurate replies from my lawyer tooo. I wish i could meet you once in my life time with positive things.Thank you sooo much Jason. God bless you and your family. Live long, take care.
Awwwwww!
Thank you – And good luck with your case, Jason
Hi Jason
Thank you very much for helpful information
I have expedited my case a month ago and haven’t received any notice/receipt from USCIS.Pls, could you tell me if USCIS will provide any notice/receipt after expediting the case?
They should answer your request to expedite. Sometimes, that takes a few months. If you do not have a response soon, you can contact them to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you very much appreciate your quick response.
Hello everyone,
Does anyone know how long it takes to get a decision from Chicago Office. I was interviewed in July last year and have been waiting for almost a year.
Thank you in advance for your reply
It is very variable. We just completed a case there and the decision took about a month. Other cases are pending for many months or years. You can contact them to inquire about the status of your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
thank you for your wonderful job. Your posts and discussions have been a great support system for me while waiting and evaluating all pros and cons.
I have a question concerning the attorney. What is the process if I make a decision to change my current attorney? Is it a normal practice that an attorney doesn’t reply his/her client’s emails for 3-5 weeks.
I am just a bit concerned.
Thanks
Every lawyer is different. I try to respond to emails within a day or two. I talked to my friend who does the same job as me and he tells his clients in advance that email responses take up to 4 days. But if you are not satisfied with the lawyer, you can change- that decision is completely up to you. The new lawyer can enter his/her appearance in the case and you can ask the old lawyer to withdraw from the case. Take care, Jason
Hi, Dear jason, thank you for your useful comment. I’m on F1 status I have applied for asyulm and at the end I got final denial notice. my question is that with this situation can I transfer to another school since my I20 is valid until the end of this year and my I94 is valid for Duration of status?
thanks
I found this website (https://goo.gl/56NG8Q)useful, as I am on my OPT and waiting for the interview.
” Maintaining F-1 status: The filing of I-140 / I-485 should not affect an F-1 student to his/herunderlying-1 status in the United States. If the F-1 student remains in the United States and continues his/her full time studies, he/she should be fine because the filings of an immigration petition or an adjustment of status applications are allowed under the laws and there is normally no circumstance where he/she would be asked about the disclosure of filing the I-140 and/or I-485.”
I hope it helps.
May I ask what was your claim? And if possible which office?
Thanks!
There may have been a USCIS memo indicating that the government could terminate F-1 status for people who apply for asylum. However, it sounds like your F-1 status was not terminated. If so, you can transfer schools as before. I do think if you leave the US and try to get a new F-1 visa, you may have a more difficult time getting it, given that you applied for asylum and the embassy might think you will apply again for asylum. Take care, Jason
thank you for your response. do you mean if they teminate my status they will automatically send me to the court? how can I find they terminate my status?
When you stop taking classes, the school will notify you that your F-1 status would be terminated. Then you just need to wait on your asylum interview.
USCIS would send you some type of notice indicating that your status should be terminated. I do not know if that will happen, and unless it does, you should be able to transfer to a different school just as if you had never applied for asylum. Take care, Jason
far, did you get a final notice of denial? Normally when asylum applicants who are in status do their first interview and are denied, they get a Notice Of Intent To Deny (NOID). You would then have 16 days (don’t quote me. I think it’s 16 days) to respond to the initial denial with new evidence in support of your asylum application. The new evidence must show why you are entitled to asylum. If you submitted the new evidence and the AO doesn’t not believe that the new evidence is sufficient, you will receive a final notice of denial.
If you received a final notice of denial and you are in status, you are allowed to stay in the US until the validity of your legal status has either been terminated or ended.
If you leave the US before your legal status expires, then you would be exempted from the 3 or 10 year bar as the accrual of unlawful presence wouldn’t apply to you. I would want to imagine, however, that it would be very difficult to secure a new visa, unless a sponsor- family member, employer, spouse, etc.- files a petition for you to permanently reside in the US.
I agree with all this (including the 16 days). I would just say, you have to be careful about the 3/10 year bar, as whether you are barred depends on when the initial visa expired and when you applied for asylum, and potentially other factors as well, so just be careful about that. Take care, Jason
Hello everyone,
I know that most of the time when people get granted may not visit this page anymore. I would really appreciate if someone with an accepted I-730 share his/her experience. Especially, those who have been in the US and have had interview for I-730.
I have a pending I-730 and I am currently in the US.
We have done cases like that. Unless you are barred for some reason, such as a criminal conviction, you should have an interview and USCIS should give you asylum status as a derivative. I am not sure about the time frame, but you can check on http://www.uscis.gov (though that is not always so accurate). Take care, Jason
Hi Sara,
I’ve pending I-730 which was filed in May 2018 and living in the US. I’m not sure whether we will be having interview for I-730 petition or not (let’s see) but I know that When
we apply for Adjustment of Status(I-485) through I-730 (Refugee/Asylee Relative Petition) then at that time there will be an interview as told in the below url
https://www.uscis.gov/news/news-releases/uscis-to-expand-in-person-interview-requirements-for-certain-permanent-residency-applicants
If you don’t mind Sara, Can I know when was your
I-730 filed?
December 2017. Thank you.
Thank you for your reply. You are above to reach your time frame which is between 5 to 7 months (Processing Time). I hope you will be having a good news soon!!!
Question
How long did it take to get your biometrics letter after you applied the petition I-730?
I got my biometrics in two weeks. Processing time is 6-8 months, I guess. Currently they process cases for October 2017. Check their website.
That, I do not know, as I have not done an I-730 for someone in the US in quite a while. For many applications, it takes about a month, but I do not know whether that time frame applies to I-730. Take care, Jason
Yep, so you are close and let us know the good news once you get it.I’ll be praying for us.
Hi Jason,
I filled expedited for my 730 application. The USCIS
Send my document to the embassy directly
Not to the National visa center. Do you
Know why?
Normally once the I-730 is approved, I think they send the documents to the embassy, so maybe that is just how they do it. Take care, Jason
Hi Jabee,
Can you please share your timeline? When did you apply? What’s the asylum office?
Thanks
Hi Jabee,
Can you please share your timeline? When did you apply? What’s the asylum office?
Thanks
Hi Jason, thanks for your professional counsel. Myself, wife and daughter submitted our application in April. and We were interviewed in May. The asylum officer told me to come for my letter in 2 weeks which I picked up yesterday. I got a notice of intent to deny. My story in quick summary goes thus “ A cult group has been killing people in cold blood in my country. I have been a target on two occasions, first my house maid was killed and the second time my house was Burned down. I believe that I am being targeted because of my involvement with the vigilante group who made several arrest of the suspected cultist and they were usually handed to the police. But the police in our country out of their corrupt practice, would release this suspects claiming that they were not the real criminals, hence the cultist would come after us” I provided pictures of some of the suspects that were apprehended, pictures of my murdered house maid, pictures of other neighbors that were killed by these cult group and also newspaper articles. In the NOID , it was said that my story was very consistent and plausible and therefore found credible, but won’t be acceptable to the USCIS because it is not on a basis of a protected ground of race, nationality, ethnic or social group. I have 16 days to respond to this letter. I have a lawyer that is helping me out with the application, but I am not convinced about his competence because since the beginning of this application, I have been the one telling him what to do, he seem to have so much on his hand. I sent him the copy of the NOID , and what he is telling me is that I should explain to him why I think I am being targeted with relations to the protected grounds. He already has my story. I am so confused now and I don’t know what to do. Can you please leave me your email address. I really need your help at this time. Thanks and am looking forward to get a feedback . God bless you.
Jason Dzubow, Esq.
(202) 328-1353
Dzubow & Pilcher, PLLC
http://www.DzubowLaw.com JDzubow(at)DzubowLaw.com
This is his contact info. So sorry to hear your story. My prayers are with you and your family.
I think the lawyer is not doing his job. Essentially, the problem now is that the Asylum Office believes that the facts or your case do not meet the legal definition of asylum. Your lawyer (or someone else) needs to make a legal argument demonstrating that you qualify for asylum. There are a few possibilities I can see here, but I do not have the full story, so I am not sure. Maybe they are targeting you due to imputed religion – they think that you hold a religious belief that they dislike. Or maybe there is a particular social group that applies? Or maybe there an ethnic element to all this? If the only reason they are targeting you is because you were in a vigilante group, I do not know that you would qualify on that basis. But there needs to be a legal argument here. I will be out of the office for a week, and so I cannot assist with the case. You could try my law partner Todd – you can call the main number and ask for him if you want: 202-328-1350. I do not know about his availability for a project on a short time frame, but you can ask. Take care, Jason
Hey Pizzo,
I’m sorry you and your family have had to endure so much.
I can’t wrap my mind around how the lawyer that helped you prepare your statement, did so without addressing the most point which is why you meet the definition of a refugee, and how you are being targeted based on a protected ground.
I hope Jason’s partner is able to take on your case on such short notice. I would use the weekend to find back-up options in case he’s too busy to assist with your case, so that you’re prepared on Monday to make these calls.
All the best, and do keep us posted.
Thank you Sarah.
All the best Pizzo..
Pizzo, you should also try to contact the former asylum officer that did a post sometime, here.
This needs aggressive tackle.
Hello Mr. Jason,
Thanks for shedding more lights on new developments, very much appreciated.
Kindly explain a situation in Nigeria where it is obvious that it is the government that organised a large number of people to protest in front of amnesty international office because of a report which amnesty international is about to release and they perceive it as none favourable to the image and impression they think Nigerians should have about their administration.
The protesters appear to be non-governmental actors but they are covertly sponsored by the government. Please click the link below. Thanks
https://www.vanguardngr.com/2018/05/protesters-barricade-amnesty-internationals-office-abuja-2/
I believe it. Nobody likes it when their bad acts are exposed for all to see. Rather than protect AI, the government would do better to treat people properly. Take care, Jason
Hi Jason,
I am an asylum applicant since 2015. I am under the Los Angeles Assylum office. I understand that there is a backlog. Since I’ll be going to LA next month I was thinking of going to the Assylum office in person. Will that make a difference? If I were to go, what exactly do I say or do? Is there a specific department I should go to? Just to start I would like to send them an email until I can personally go next month. What is your advice on my decision? Thank you for your help
Hello I just applied sep 2015,still waiting!
I think it will make no difference. Everyone from 2015 is waiting just like you, so there is nothing for them to tell you or do. You can try to expedite the case – I wrote about that on March 30, 2017. You can do that in person or by email. You can find the asylum office contact info/email/office hours if you follow the link at right called Asylum Office Locator. Take care, Jason
Is anybody here who got their interview done at Boston office recently and was told that the decision will be sent by mail?
No, but I’m moving my case from Arlington VA to Boston, MA. Can u share your info about the interview? When did u apply and how long have u waited for?.
I’ve filed my asylum petition in June 2017 and waiting for the interview. Anyone have their asylum interview schedule this month or next month at Newark Asylum office ?
If yes, Please share the month when you filed your petition to understand the current processing time.
I applied asylum on August of 2017 on San Francisco . I moved to NY on December so did change of address. If I want to move back to San Francisco and change of address. Does changing address many times affect my case in any way ?
If you already have your EAD, it should have no effect. I doubt you will get an interview any time soon in either office, unless you try to expedite the case. Take care, Jason
Hi Jason,
i have no words to offer thanks for your kind guidance to Asylum seekers.i am your reader since 2014.
With grace of Almighty God and your guidance i got Asylum from immigration court.
i am applying for i730 form for my family too.
Also i want to go to attend a conference in london in september this year.
My Question is:
1. How much time takes form i730 form for approval of family members?
2. How much time takes to get Travel Document?
Again Thanks a lot for your kindness.
1 – It is variable. The fastest I ever saw for the whole process (filing I-730 until they arrived in the US) was 4 months, but this is not typical. Normally, it probably takes 8 months to a year, but it could be longer. 2 – The Refugee Travel Document probably takes 4 or 5 months, but again, it is not so predictable and it could be longer. Take care, Jason
Thanks.kindly tell that when i apply i730 for family that in how much tome uscis grant the applications? I means grant here.process at my country is another matter. I wanna know first step of i730 form. Means approval time in uscis first.
Hi,
https://egov.uscis.gov/processing-times/
Please check this link from USCIS. Historical average processing times.
We have done it as quickly as month, but normally it is probably 4 to 6 months; it could be longer or shorter. Take care, Jason
Fred,
Hi Jason thank you for your support I have a question
my wife has his IH later in 2020 before the immigration judge, she did ask her lawyer if there’s a possibility for me ( husband)to be granted a B1/B2 visa just to go and visite her . Just want to know if it can be possible? Thanks
It is possible, but given her situation, it is pretty unlikely that you would be granted a B visa. You might have better luck with other types of visas, like H1b or L, or maybe others, if you qualify. Also, your wife could try to expedite the case. That is quite difficult, but I wrote a post about it on April 20, 2017 if you are interested. Take care, Jason
Hi jason,
I have applied for asylum in dec17. I have received interview date as june 28. My lawyer is saying to postpone the interview because lack of supporting documents. They never mentioned me what they need for interview. my question is,
1. Will it be any problem if i postpone the interview
2. Does the officer ask me about the postponement in the next interview
3. I have applied for EAD a week ago, does it effect on my EAD. Please try to reply me as soon as you can.
Thank you soooo much for your valuable replies. .
1 – No, except that it will stop the clock and you will not get an EAD on the normal schedule. 2 – Probably not. 3 – You need to pass 180 days on the asylum clock. If not, and if the clock stops before 180 days, it could block you from receiving an EAD, at least for now. Take care, Jason
Thank you for your time jason, my lawyer is forcing me to postpone. They r saying that dont have time to do my paper work due to busy with new system. Seems i dont have other option, I couldn’t go with out lawyer because i m not aware of the things in interview.
I have a question again, if the clock stops till interview. Does it continue from same no of days after the interview or does it count from 1st to 180days again.
Thanks again.
The clock should re-start once you appear for the interview. It is better to postpone than go to the interview unprepared, and normally, postponements are only for a few weeks. Take care, Jason
Pls which office did you apply?
Thanks
If you believe your case is good and can defend your statement, do not postpone. It will delay your process much longer than you think and even you may not get EAD in the future as your clock is stopped from your side.
I second this advice from Arc2.
Sanfrancisco, california.
Hello Arc,
Would you please let us know that the office you had applied. Wish you good luck. Thanks.
Its San Francisco, california.
Would you please tell which office did you apply to? Did you expedite your interview?
May I know which asylum office did you apply?
Its sfo, California
That means SF office is applying LIFO and started to interview cases filed before Jan 31. What about Los Angeles office? Dies anybody have an idea what is going on in LA office?
Hi applied sep 2015 still waiting for interview
Hi Jason,
I applied for F1 visa but it was denied because my husband asylum case was on pending at that time. But now he got it and he applied I 730 for me. Will that be any effect for approval of my I 730 application?
Thanks.
If he received asylum, the I-730 is the best way for you to come to the US. Unless there is some problem with the application or the security background check, you should be able to come to the US based on the I-730. Take care, Jason
Hi Jason,
I am a Coptic and I had submit my asylum application on Marc 13 2018 In Arlington office. Until now no interview yet. Does it mean that I will wait for years to get interview as I am now considered in the backlog or
Will they interview me before getting my EAD?
I do not know. It depends on the volume of cases, but I suspect that if you did not get interviewed yet, you are in the backlog. However, you are also at the front of the line, since they are going to interview cases from newest to oldest, working backwards. If you do not have a decision 150 days after the case was filed, you can apply for an EAD. Take care, Jason
Thank you for your respond. Can my husband apply for asylum as soon so we can try to speed up the process or you think my asylum case is enough.
I think if he is a dependent on your case, it will not help speed things up, but I do not know for sure. You can try. Read the instructions to the I-589, available at http://www.uscis.gov, as the filing procedure is different for a case where the person has already filed for asylum before (even as a dependent). Take care, Jason
“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”
I believe that the AG’s decission is meant to primarily target applications from Central Americans based on gang related violence. Sadly he used the matter of A-B and over reach to make his point.
As you state most of the “more stringent” requirements the decision recalls are already part of the law (even quoted and referenced in the decision itself). What is particularly problematic are the AG side comments which are vague enough that they sound as case law (particularly the comments regarding gangs) and could be interpreted by adjudicators as such.
It is a strange decision in that sense – more of a “wish list” for how the AG would like to change asylum than a proper decision. The most worrisome note that I saw there was a reference to credible fear interviews where he basically says that people who arrive at the border and express a fear of return based on DV should not be allowed to pass the CFI. Previously, at the border, the CFIs did not care about nexus (the reason for the harm) and if the person simply said they feared harm, they would be passed to a judge to present an asylum case. I think the AG is sending a message to try to block many people at the border. We’ll see how/if this is implemented by the officers doing the CFIs – they work for DHS and not DOJ, and are thus not part of the AG’s agency. Take care, Jason
Jason,
I think you just prove the AG’s point: the legal standard AG’s decision is based on, is that 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.”
DV while is terrible, IF the government is not complete helplessness and does not condone such action, is obviously not a basis for asylum. This is why, the previous ruling is wrong.
The burden of proof is on applicant’s side to make a showing that the government is unable to help in such cases.
Pure showing of DV is not a bias for asylum. This is the central point of AG’s ruling which is consistent with existing asylum standards.
DV, even when it’s a life threatening one, does not entitle the applicant for asylum if the government actively trying to prevent such actions (even though it might not be effective). DV victims in the US cannot claim asylum based on DV in EU or even Russia. Many US DV victims are also facing life threatening situations and obviously the US government cannot protect every single one of the victims.
While I think ACRG was a convoluted decision, the fact is, it was reached after years of litigation and effort by lawyers in and out of the government. Asylum is whatever we (the United States) say it is, and so while ARCG was valid, DV was a basis for asylum, since that is how our government interpreted the meaning of particular social group. Also, if a government is unable or unwilling to protect a person, that person can apply for asylum. So even if the government wants to protect victims of non-state persecution, but cannot do so, the person is eligible for asylum. That was true before AB, and it is true after AB (and indeed, AB says as much in the decision, which is also a bit convoluted and contradictory). Take care, Jason
Readers, please forgive me for writing this “epistle”.
JS,
First of all, I want to say that the case that Jeff vacated was not decided overnight. This particular case was carefully debated and decided over decades.
The BIA agreed that there are specific cases that fall under DV and gang violence that can almost easily fit into the PSG. I think Jason has done a good job of explaining some of these cases.
Your argument for Jeff’s ruling is flawed. If we use your logic, then we can all agree that every single asylum applicant, including those claiming political or religious persecution, for example, must clear the high bar that you have quoted in your response. What exactly is “must show more than difficulty controlling private behavior…”? I don’t know if there is anywhere in the international refugee law or the US immigration law that says that an applicant must show “more than difficulty controlling private behavior”. What exactly is “more than difficulty”? And, if this phrase does exist somewhere in the local and international laws, will this requirement be used in all claims for asylum? We should be careful not to give the impression that people claiming asylum under PSG should all have a separate legal hurdle in the form of “government’s willingness or ability” to control private perpetrators. This is already codified into law and must be applied to everyone claiming asylum.
THE LAW AS IT IS…
The law already clearly states that an applicant must demonstrate that the government is unwilling or unable to protect him/her. In this respect, the applicant only needs to show that he/she can’t rely on the government for protection because the government will not do anything about it and or is complicit in the violence, OR (this “OR” is very important) while the government is willing to provide protection, the government is unable to do so. An example of this is LGBT hate crimes. There might be laws that proscribe hate crimes in a country, but the government of said country does not actively prosecute perpetrators of hate crime, or the government, because of widespread homophobia, is not able to control a mob of homophobes.
I am sure we can all agree that the law is complicated when it comes to asylum, and in many respect seems to be in a developing state in the US- especially when concerning the PSG category in the asylum law. As such, granting asylum should not solely be determined by the degree of difficulty that a particular government has when it comes to protecting a group of citizens. Asylum claims, I believe, should be adjudicated fairly and all the relevant laws applied to each case. Asylum cases, especially cases that have been thoroughly reviewed, debated and given much thought before being set as precedents, should not be arbitrarily “knocked down” because of any ulterior motive that you might have, or simply because the case was a low-hanging fruit.
In all of this, I am trying to figure out what really constitutes belonging to the PSG category. What bothers me is that the phrase “social group” is a part of the definition of who is a refugee, but has ostensibly been left in obscurity and for any one’s guess as to who can claim asylum under this category. I have read almost all of the decided cases that have to do with the PSG category and still don’t have any clear comprehension of what the US recognizes as belonging to the PSG category. In his ruling, and this is extremely important, Sessions mentioned that people claiming asylum under the DV or gang violence category do not possess a distinguishing characteristic or concrete trait that would readily identify them as a member of such group. To me this is patently false! In addition, the key Board in the of Matter of Acosta , 19 I. & N. Dec. at 233 agreed that “a particular social group” requires that members of the group share a “common, immutable” trait. This rule codifies this approach at § 208.15(C) (1) by concluding: ““[a] particular social group is composed of members who share a common, immutable characteristic, such as sex, color, kinship ties, or past experience, that a member either cannot change or that is so fundamental to the identity or conscience of the member that he or she should not be required to change it.”
Should we, therefore, take away from this that since members of the LGBT community, for example, possess a distinguishing characteristic, by virtue of them sharing a common, immutable characteristic which is so fundamental to their identities and which they shouldn’t require to change, they would qualify for asylum if they can satisfy the other legal requirements? If so, what about women who experience domestic violence as a result of being married and can’t escape the violence because of the cultural, legal and or religious constraints? Or a young man because of his familial association or age and gender cannot escape the target of gang members, assuming the government is not able to protect the young man perhaps because of corruption? Using Sessions’ legal standards for who can qualify for asylum under the gang violence or DV category, would these people qualify for asylum?
The SCOTUS has ruled that asylum applicants need only show that there is a 10% chance of them being persecuted- not 50%, 60%, or 100% chance. For CAT relief, I think it’s 50%. Jeff’s ruling to me, and JS’s concurrence with Jeff (especially since the AG didn’t go much into nuances of each case in terms of when an applicant can claim asylum under DV/gang violence), gives me the impression that people applying for asylum under DV or gang violence need to show: 1) they will be persecuted if returned to their home country; 2) they must demonstrate that the government cannot, at all, protect them because the government is the perpetrator. As it is, this is simply not the requirement for winning asylum.
I agree with most of this. I do think ARCG was a poorly reasoned decision and it was “low hanging fruit.” But of course, ARCG also allowed many victims of DV to get asylum, and probably saved many lives. Now, such victims will have a harder time, and no doubt, some will die. I do think that LGBT individuals will not be strongly affected by AB, since that social group is much better defined and also easier to comprehend as a discrete group when compared to victims of DV. Also, LGBT people are target BECAUSE they are gay, whereas ARCG was not really targeted because she was a “Guatemalan woman who could not leave her relationship.” It would have been preferable, in my opinion, if ARCG defined the social group as “women,” since I think she was targeted because she is a woman. Yes, this will result in more people becoming eligible for asylum (as it is a big group of people), but precedential decisions indicate that a PSG is not invalidated simply because it contains a large number of people. Thank you for the “epistle,” Jason
Hi jason
I applied for asylum with my wife in early 2015 and i havent been called since then. Now i am divorced with my wife who lives back in
my country because she waited too long and started a different life. How can i change the marriage status and how can i do it? It is this that bothers me recently than being called for inteview since i waited 4 years.
You can submit the divorce decree to the asylum office and when you go to the interview, tell them what happened. You have waited a long time, so you might consider trying to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hey Jason,
Will you ever write an article regarding Venezuelan asylum seekers?
I wrote something about that on May 13, 2012. I currently have no plans to write such an article, but if an issue comes up, of course I would try. Take care, Jason
Hi Jason am a gay boy who fled from Nigeria in my story every thing was about gang but I talked about 2 instance where I was harrased and beaten by the police Thoes this make any difference because I was mainly abused by gangs
I think the new case will likely not affect LGBT cases, but other attorneys feel that it could. As was true before this case, you need evidence that you cannot relocate to a safe place inside Nigeria and that the government is unable and unwilling to protect you. If you have that, and evidence of harm, I think you should still have a good chance for success. Take care, Jason