When the 116th session of Congress opens on January 3, 2019, the Democrats will control the House of Representatives. Republicans still hold the Senate and, in case you didn’t notice, the Presidency. However, this is an important change from the last two years, when Republicans controlled both chambers of Congress. What will a Democratic House mean for asylum law and policy?
First, let’s talk about changes to the law. Since the time of the Refugee Act of 1980, which established our current asylum framework, there have been relatively few changes to our humanitarian immigration laws. In 1996, Congress amended the definition of “refugee” to include victims of forced abortion and forced sterilization, and in 2005, the REAL ID Act attempted to tighten up the legal requirements for a grant of asylum.
During the first two years of the Trump Administration, when Republicans controlled Congress and the Presidency, there have been no amendments to the nation’s immigration laws. Instead, the Administration focused on changing immigration policy based on executive orders–the travel ban, for example. It is curious that the same Republicans who criticized President Obama for his reliance on executive orders (such as DACA), failed to pass any legislation to further their own immigration agenda. Congress and the President could have acted to restrict the law vis-a-vis asylum seekers. For whatever reason, they did not, and now their window is closing. Given the hostility of the President and many Republicans towards asylum seekers, this is probably a good thing.
Now, with the Democrats in charge of the House, any change in the law would need to be approved by them. This means that a purely punitive immigration reform is very unlikely to pass into law. So while the President can–and probably will–continue to impose hostile policy changes in terms of how the law is implemented, he will be constrained by the existing law. This means that, for the most part, non-citizens who fear persecution will remain eligible to seek and obtain asylum in the United States.
Another way that the Democratic House majority may help asylum seekers is in the area of oversight. With control of the majority comes the ability to issue subpoenas and more carefully oversee government agencies. This is important in the area of immigration, where many agencies–DHS, ICE, CBP, DOJ, EOIR–have engaged in questionable (or worse) practices with impunity.
The most high-profile example of agency malfeasance was the separation of children from their parents at the border. The policy was seemingly enacted as a way to deter asylum seekers, and the best thing you can say about family separation is that it was managed incompetently. Congress has thus far failed to investigate this fiasco, but that could change with Democrats in charge of the House.
Another area where Congressional oversight would benefit asylum seekers is at EOIR, which has been improperly hiring Immigration Judges based on their political leanings. Some of this is publicly known, but much of it has remained below the radar (though those of us in the business hear about it through the grapevine). My guess is that EOIR will be more careful going forward, given that House Democrats could subpoena employment documents to determine whether hiring officials acted improperly. Other agencies within the federal government will likely be similarly constrained.
House Democrats can also exercise oversight to protect the Immigration Judge’s union, which has been working hard to preserve judicial independence and resist the Administration’s efforts to turn their gavels into rubber stamps. I’ve heard rumors about a plan by the Administration to break the union. Whether this is true or not, I do not know, but House Democrats can potentially kibosh any such effort.
A third area where Democratic control of the House could affect asylum seekers is funding. Blocking and detaining immigrants is not cheap. The President’s most high-profile project is the border wall, but immigration enforcement in general is expensive. The Trump Administration has expanded the use of detention, and apparently plans are afoot to continue this trend. House Democrats can exercise some control by denying funding for the President’s more far-fetched projects. They could potentially limit funding for detention, investigate the private prisons where many non-citizens are held, and encourage the use of alternatives to detention. I suppose they could also grind deportations to a halt by reducing funding for Immigration Judges, though I doubt many Democrats are inclined in that direction.
In short, control of the House gives Democrats significant leverage over immigration matters. But it also comes with significant political risks. President Trump has effectively used the immigration issue to motivate his supporters, and if Democrats are seen as checking the President’s agenda, they can expect to be blamed for any real or imagined failures in the immigration realm. How this will translate in terms of votes, I do not know. President Trump and his surrogates raged about the caravan, but if that motivated their base, it was clearly not enough to archive success in the most recent election cycle.
Aside from simply blocking the President’s agenda, Democrats would do well to propose some positive legislation of their own. Of course, any reform would require bi-partisan support, since Republicans control the Senate and the Presidency. Whether such compromise is possible in the current climate, I do not know, especially since the President seems to view immigration in political, rather than policy terms. I expect he will be more-than-happy to let Democrats block his harsher proposals so he can use that to rally his base in 2020. But just maybe, after having lost in 2018, Republicans will conclude that their resistance to immigration reform is doing them more political harm than good. If so, perhaps there might still be a path towards constructive immigration reform.
Hi Jason.Hope you are doing well and happy holidays. Jason please i would like to know how many weeks or months it take to be call for the interview after you expedited your case.since september that i did so they said normally if you are approve they will call you after 4 weeks.my case was approved and this is december already no sign of anything. Thank you
Time frames are impossible to predict. The last one we did, we got the approval and the interview scheduled in a month or two. Prior to that, we got the approval and the interview took place maybe 6 or 8 months later. Both of these cases were in Virginia. This assumes that the request was approved, of course, as most requests are denied or not answered. Take care, Jason
Yes I was not married when she filed the case.
Now I am wondering that Will they call us for the interview or not within 45 days?
I would contact them about your own case. You were not a dependent on her case, so you are (arguably) able to file your own cases independent of her and under LIFO. Anyway, if you want your case filed, it is worth a try. Otherwise, you can contact them to become a dependent on her case. Take care, Jason
Helo Jason!
Hope you are having a great time.
I have a confusion regarding my asylum. Need your help.
I submitted my I-589 asylum form two weeks ago. I got married to a person who has already pending asylum status for 2 and half years. Now I applied for asylum and I also mention her as a spouse.
Today my spouse got a letter from U.S department of Homeland Security that we already have your case and we are unable to produce an additional reciept number.
Does this mean that my asylum application will not be considered according to the new law for U.S
citizenship and immigration service and directly linked to the 2 and half years old application of my spouse or will I be treated according to the current law and will be called for interview within 180 days?
Looking forward for your response.
I do not know, but if you were married before you applied for asylum, they may consider you a dependent of her case. This is odd, as it sounds like you were not married when she filed. There are a lot of procedural issues for cases where a dependent files for asylum in their own right – I have one such case, and we are getting conflicting messages about the procedure from the asylum office. I think your best bet is to contact the local asylum office and ask about the situation. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hello Jason,
I have just completed my third asylum interview. Applied 6 years ago, the 1st interview was 4 years ago, the second was 2 years ago. The third one was significantly short interview in comparison to the previous ones. It was about following up questions. However, unlike the previous interviews, the officer was concerened about my legal status (which has expired already). She looked closely at the VISA that I used to enter the US six years ago (although they already have a copy of it). In addition, when she was listing the possibilities of answers which I am supposed to receive after 2 weeks, she said that if I am referred to the court then I will have another chance to propose my case in front of the judge. (I personally know this info).
1- Could that be an indication of their intention to deny the case? I know that all officers usually mention the options (grant, court referral, or decision postponing) at the end of the interview. But this time, the officer consumed about a minute trying to explain the meaning of a referral.
2- I applied since a month to an EAD renewal based on pending asylum. In case of referral, what will happen to the EAD application?
3- My case was initially sent to the HQ since the first interview. Can the asylum office take a decision (after the third interview) within 2 weeks without sending the interview details again to the HQ? (Sending to the HQ technically means that they will call to tell me that there is no need to come after 2 weeks; they will mail me the decision)?
4- You mentioned earlier that you have a client who has been denied after conducting three interviews. Was the main reason for denial invistigated and discussed during the third interview?
I think the third interview was a fishing expedition to see if the person provided “material support” to terrorists. It was utter garbage (the person was supplying medical supplies to civilians), but if I remember correctly, they referred the case for inconsistencies because their info conflicted with the client’s testimony (related to which neighborhoods in Damascus were occupied by which troops). In my opinion, it was a bad referral. Take care, Jason
Do they declare the information conflict with the applicant during the interview before they reffer the case? Or they just deny the case without trying to understand what has caused the information conflict?
They are supposed to confront you with the conflict and give you an opportunity to explain. In my experience, they usually do that. Take care, Jason
Hi ertugul, how did you knowcthat your case was sent to the HQ?
3 – If they resolved the issue at HQ, I imagine they could issue the decision in 2 weeks. And if they told you to come back, I guess that the officer thinks the HQ issue is resolved. Assuming the supervisor agrees, you should avoid a return to HQ limbo. Take care, Jason
Hi Ertugrul ,
My case also send to HQ it’s almost 17 mounts that I’m waiting for decision can you tell me your timeline ?
1 – I do not know. It could just be the officer’s style. Also, remember that the officer does not make the final decision, so she may not even know what the decision will be (or at least she does not know for sure). 2 – It will be renewed as before. As long as your case is in court or at the BIA (appeals court), you can keep renewing the EAD. Take care, Jason
Hi Asylumist Family,
I want to know if anyone has been interviewed in Newark Asylum office in May 2017 submission is what is the last month interviewed so far in 2017?
Please help supply a hopeful information asap.
Thanks.
Newark office’s latest official update (Nov 2018) indicating they are interviewing applications filed around Dec 2017.
Considering Newark is one of the fastest office clearing the backlog it’s very frustrating to see only the minimum movement here.
Thank you VVN.
I read sometime here that someone was interviewed in November 2017.
Anyways,we will wait till they get there.
The only cases we have had interviewed in Newark lately are new LIFO cases. However, that is one of the offices that has been moving pretty quickly, so hopefully you will get an interview soon. Take care, Jason
Hi Jason How long it takes to issue “Notice of intent to deny (NOID) after asylum interview?
is it a positive sign if the asylum office takes long time to issue a decision after asylum interview for people in valid status?
Thank you
Some people view that as a positive sign, but I really do not know. There is no average wait time, so I really can’t tell you. If it has been more than 60 days, maybe email the asylum office to inquire. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
That happened to me in 2014 after my first interview.
My opinion is NOID means 99 percent denial.
We have won about 50% of the NOIDs we have seen, so I think it is not quite that dire. Take care, Jason
Greetings Jason.Thank you for this platform so helpful.I applied for my EAD after 180 days on July 17th 2018 and as a notice from USCIS it had typographic error in my surname.I requested for it to be corrected online which they did according to my case status online.But since then I waited for until the three months of processing time were over I had nothing so I requested that case was out of processing time and the response in my email box was we have checked the status of your case and now it’s with adjudicating officer I should wait to recieve decision or notice in 60days so far it’s 41 days since October -17-2018 .What happens if I don’t hear anything after 60 days?What is the possibility that I will get response from USCIS.Have you come across such acase.Please help me will be so glad.
USCIS sometimes makes mistakes on the cards. It is often a big pain to make corrections. In terms of the wait time, you might want to make an Info Pass appointment (a link is at right) and you can go talk to them in person. It may take several weeks to get the appointment, and if the card is issued by then, you can cancel it, but the Info Pass is probably the best step if you do not get the EAD. Take care, Jason
Hi Jason,
I am going to my I -730 interview at the Embassy next week. Last year I applied for F1 visa but it was denied due to my husband’s asylum case and I did not lie to the Embassy about him in non immigrants forms and at the time of the interview. officer asked me where is my husband and I told him He is in USA .then he asked me on what visa he is in USA? I said He applied for Asylum. Then he denied my visa. My question is Is this incident will have any effect on my I -730 interview next week? Can embassy denied my visa again?
I doubt the incident would have any effect. They could deny your visa, but that generally only happens when the person is a criminal or security threat. Take care, Jason
Hi Dear Jason I hope you are doing great! And Thank you for this great forum, it’s almost 17 mounts that I’m waiting for asylum decision with Arlington office my interview was in June 2017 do you have the Similar costumer in your office ?
Many thanks .
Hi Nasir,
I have samiliar situation. which country you applied for asylum?
thanks
We have many people like that, mostly from Muslim countries. You can contact the asylum office and inquire about your case. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Is that just Muslim men from Muslim countries or everyone who comes from a Muslim country?
There is no set rule – some men from Muslim countries get decisions quickly. But in general, at least in my experience, men from Muslim countries tend to wait longer. I do not know about Muslim men from non-Muslim countries, as I don’t have a huge number of such cases. Take care, Jason
Hi Jason,
Do you have any experience in this regard with Iranian men? If so, how long does it usually take for them to get a decision?
Thanks.
We have done many such cases, but there is no real time frame. They tend not to wait as long as men from other Muslim countries, but there is no way to predict as each case’s wait time is different and (seemingly) random. Take care, Jason
You are not on your own man. I have been waiting for my decision for 23 months already. I even requested for an expeditious decision review but it looks like they answer is” Go to hell”
Hi Jason,
How long it takes for the background check for PAKISTAN AT ASYLUM OFFICE?
THANK YOU FOR YOUR GREAT HELP AND TIME
There is no time frame – sometimes it is very fast; other people wait for many months. Most of our Pakistani cases took less than 6 months for a decision. Also, usually (but not always), it is faster for women than men. Take care, Jason
Hello Jason,
Thanks gor your help as usual, I have this question.
Please is there a way USCIS can know if you renew your country passport but you didnt use it to travel? Is there any means that they USCIS can know about the renewal?
Thanks Jason
In certain situations (like the asylum interview), they ask you for all your passports, but other than that, unless you use the passport, I doubt they will know about it, but I am not 100% sure about that. Take care, Jason
Hello Mr. Jason,
Do I still be a derivative asylee if I get my green card after 1 year or am I just a regular permanent resident?
Also can I travel to my country if I become a US citizen through asylum?
Regards
Once you have the green card, you are no longer a derivative and you have that status in your own right. If you are a citizen and travel to your country, it is most likely fine. However, if the travel for some reason causes the US government to think that the original asylum case was fake, I suppose that could create problems. Take care, Jason
Hi Jason,
I applied for asylum in April 2018, had interview in June 2018 and waiting for a decision ever since. I live in state A where I filed my asylum question. I already have my EAD in hand. My questions are:
1) Not referred to court – If I move to State B and file a change of address before asylum officer rejects my case and sends it to IJ, will my case move to asylum office in state B?
2) Referred to court- if asylum officer rejects my case and sends it to IJ while I’m still living in state A, and one week after getting the NTA letter I decide to move to State B, will my case move to State B? Or will I have to appear in court in state A?
Thank you
1 – Unless they need to interview you again, the case should stay with the original asylum office, but if you are referred to court, it should be a court in the place where you now live. 2 – You can file a motion to change venue to move your case. If the judge does not grant the motion, you would probably have to appear in state A. Usually, such motions are granted. Take care, Jason
Any news on New orleans, Louisiana office progress? Anyone from backlog?
Hi Jason,
I had applied to asylum 2 years ago. Now I was called for interview. I need add some documents to my file since a lot more happened in the meantime that can support my case. Is it possible to send attachments at this point?
Thanks
Yes. Contact the asylum office about the rules on submitting evidence. In my local office, documents should be submitted one week in advance. Also, if possible, submit documents by hand, as they are less likely to be lost. I wrote about a post about documents on October 10, 2018. Take care, Jason
Hi Hasan Ali! Can you please tell us in which office you applied and if your case was expedited. Thank you
Hi Nema,
I had applied to Chicago Office. I was extremely surprised to be called for the interview since they follow LIFO. My case was not expedited.
Thanks
I wish best of luck for your interview
Hi Jason,
Can I get the email of the director not the asylum office?
Thanks
I do not have such an email. It is better to use the email address on the website. You can ask that the email be sent to a supervisor. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Jason,
I have a second interview soon. Is it good to show them that I have tried to enlist into the US army a few months ago, but they have rejected me because I don’t have approved asylum yet?
Is that considered a good point during the interview? The point that I am trying my best to generate good values for this society. But the pending status is preventing me from a good engagement.
I would not focus too much on that. I do not think it is really relevant to the determination. You can include evidence about it or mention it, of course. Better to focus on the case and make sure you are ready for the interview. Also, to think about any issues in the first interview that may come up in the second. Good luck, Jason
Hi Jason.i applied for my family on i730 form.My family is in my home country.i want to move from one state to an other state. will it effect my case?
It should have no effect, but make sure to file a change of address form (AR-11), available at http://www.uscis.gov, for each pending I-730 form. Take care, Jason
Hello Jaso!
I hope you are doing great! And Thank you for this great forum! I was wondering what are your thoughts on the legality as well as the reality of the ‘REMAIN IN MEXICO’ deal?
Maybe I will write a post about it. I am not sure about the legality. I do not know of a law that requires asylum seekers to be allowed to wait in the US while their cases are processed. It seems implied, but if Mexico agrees, maybe it is legal to have asylum seekers wait there. I do expect some unintentional consequences (like re-focusing cases on the issue of whether the applicant is safe to wait in Mexico). Also, I think it is a solution in search of a problem, since the issue of asylum seekers at the border is being made into a bigger issue than it actually is. That said, President Trump was elected on an anti-immigration platform, and so looking for creative ways to dissuade people from coming to the US is what he was elected to do. Most Central American asylum seekers will not qualify for asylum in the end, and so keeping them in detention or in Mexico will make it easier to deport those (the majority) who do not qualify and will deter others from coming. Of course, for those who do qualify, such treatment – after they already suffered the trauma of persecution and flight – will be very damaging. Take care, Jason
Jason, I am more inclined to believe that having Mexico host US asylum seekers is not a legal process. I feel like the proper and more humane thing to have done was to host the asylum seekers in detention facilities.This practice, I believe, is more closely aligns with international practice. Plus, it dissuades people from seeking asylum, especially illegitimate asylum seekers, since no one wants to remain in detention indefinitely.
Also, I am not sure how judges would interpret the law where it says that an applicant for asylum must seek asylum in the country they first arrived- especially since Mexico is willing to grant them asylum status. I suppose it’s up to the judge. Perhaps this part of the rule/law doesn’t carry much weight when the application is filed defensively.
I agree with you that the situation at the border is being made into a bigger issue that it actually is. I can’t help but notice how this administration seems to thrive on chaos and destruction. I also agree that most of the Central American claims are not eligible for asylum, especially when we are strictly applying the law.
Many countries create refugee camps to house refugees. It is not so efficient and it may be more expensive than allowing them to live in society, but maybe that is also an option. In addition, it seems the incoming Mexican president is denying that any such agreement has been reached with the US. Take care, Jason
Hello Mr Jason,
It’s been more than 180days since I filed my i485 and 30days have passed since I filed i765. I was interviewed backed in July yet no decision but then I stumbled on the post below today and I was wondering if this still applicable, please help elaborate on this.
“When am I eligible for an Interim EAD?
If USCIS does not make a decision on your I-765 within 90 days, (30 days for Asylum applicants), you may request an Interim EAD. The interim EAD can be granted for a period up to 240 days.”
Thanks
My understanding is that USCIS no longer issues interim EAD cards, and so this does not help. Take care, Jason
Happy thanksgiving Jason, its been 16 days since my ead was approved at the Texas service center. Since then no update . I have recieved notice of action on the approval but not the actual card. Please is this procedure or not so worried. They recieved my ead app on the 1st of november.
Dear Anxious,
Could you please confirm how many days between when you applied for the ead and when it was acknowledged, I’m aware you applied back in November. Did you get the approval on clock of 180days, before or after?
Do they update your online case status before you got the approval letter?
I applied back in October and I haven’t not been approved.
Thanks.
So basically my lawyer said he posted my application on the 8th of October (150days prompt) however due to the fact that i had not received any receipt i called the USCIS call center on the 8th of November (180days on prompt) they in turn now said that they just received my application on the 1st of November and they sent out a receipt to me on the 6th of November. i was told it would take about 6 months to process but was pleasantly surprised when on Friday the 9th of November i received an alert on my case tracker to state that it has been approved.the Texas service center takes 4 weeks to 3 months to process initial EAD as stated online. well that were i am at the moment. i received my notice of action about 5 days after approval but no other case update since approval. its quite worrying one minute you excited next you back to anxious again lol.
Hi Anxious.
my i765 application was received on sept 20th.ead approval notice received 20 oct..ssn card at hand after three days of receiving ead approval….still waiting for the ead card..online status still showing case received.
Waoow, i haven’t received my SSD yet to the best of my knowledge so what application center processed yours? so if you received approval and online case status is still showing case received i guess you can receive your card at any time them ill advise you register for an informed delivery at the post office so card is not returned without your knowledge.
Hi anxious.
i applied via Texas service centre.ave called uscis twice card still not produced they say it takes 60 days after approval thats the normal processing time.so be patient as well.hoping to hear the good news soon and start working.
That is the exact same thing I was told, However i just wondered why that should be different as most people had card in hand few days after approval. I really hope that not the case thou.
there was a court order recently to issue ead to pendng asylum applicants within one month (30 days) of aplication and the gov appeal on september could have reversed the initial three to four months process.only JASON can advice us on this matter.
I have not seen that case, sorry. If you have the link, maybe you can post it. Thank you, Jason
Hello Jomo,
Congratulations on your ead approval.
You seems to have gotten your approval letter exactly one month, please, was your online status updated for the approval?
It’s been more than a month since I filed and I haven’t heard from them and no update to my case status online.
Thanks.
EADs can take several months to receive, and it sometimes takes a few weeks after you see the online approval. As long as the mailing address is correct, you should get the card soon. If not, you can try calling USCIS – the phone number can be found at http://www.uscis.gov. But I expect you will have it in the next week or two. Take care, Jason
Hi Jason,
So does one have to wait to the EAD card before they can start working? Or producing an approval letter will suffice as proof of being authorised to work in the US?
Regards
If it is the first EAD card based on asylum pending, you cannot work without the card itself. If it is a renewal, you can use the receipt, which extends the validity of the card for 180 days. Take care, Jason
Hi JASON.
See the link on ead https://www.lexisnexis.com/LegalNewsRoom/immigration/b/immigration-law-blog/posts/court-orders-uscis-to-timely-adjudicate-initial-asylum-ead-requests-gonzalez-rosario-v-uscis.
Somehow I missed that. Thank you for sharing. I do not know whether it is on appeal, but if this is being implemented, it is very helpful for many asylum seekers. Take care, Jason
Hi Mr. Jason:
Happy thanksgiving once again.
Dear sir, if someone really be in a problem of health issue, actually not only one, but two major problem, which even can’t be able to work and find money to survive, and get the documents from docters too. Will it be a good base for expediting a case?
Yes – We just expedited a case for someone with cancer. If you have evidence, it is possible to expedite. I wrote about that on March 30, 2017. Take care, Jason
Happy Holidays,
Jason_ Is there any way to know which month/year has been interviewed in the recent months for pending asylum? I am waiting since April 2016
Thanks
I forgot to mention the asylum office, It is Arlington VA
Not really. Since LIFO, they interview new cases, and different offices have different policies about interviewing old cases (and for some reason, they do not make these policies public). I suppose you can try emailing the office. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Also, you can try asking around (or on this website) to see who has been interviewed lately in your local office. Take care, Jason
hi Jason. hope you are doing well.Please Jason iam going through a lot of frustrations.my husband and i did asylum 3 years ago he was the principal in the case.actually we are going through a lot of domestic troubles.He has withdraw the asylum case because he said he will not give me paper that we will loose both.He is going to canada.what can i do .please chance for me to reapply for asylum? iam desperate ,please anything that can help me. Dont know what to do.thank you and be blessed.
If you have a reason to seek asylum, you can apply. The fact that you had a case pending with your husband can be used as an exception to the one-year filing deadline, but the sooner you file, the better. Please note that the procedure to file is different since you had a case pending through your husband. Contact the asylum office about how best to file. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Thank you Jason
Happy thanksgiving Mr Jason
I am Syrian asylum seeker my case has been sent to hearing in immigration court in 2021, but I read about 180 days recommendations to handle all cases with some exceptions, actually I didn’t understand the letter sent by department of justice to EOIR.
Is there any hope that my hearing will be accelerated, plz help, I didn’t see my mom since 4 years and she is old and sick in foreign country “Turkey ” she doesn’t speak turkey and I want to go visit here as soon as I can
Thanks a lot
The 180-day period is more of an aspiration than a realistic time frame. Most cases in court take a few years. I wrote about expediting on April 20, 2017 – maybe that would help. Take care, Jason
Hi Mohammed I’m actually very surprised how your case was sent to immigration court because I thought Syrian cases are very strong. Was it something wrong you did in the interview?
For whatever reason, we often see Syrian cases referred to court, even when they pretty clearly should qualify for asylum. It seems to me that the government is looking for reasons to deny such cases, though when I have asked people who work at the asylum office (and who I trust), they say that this is not the case. Take care, Jason
Hi Jason. I am a asylum granted holder by IJ. I sponsered my family on i730 form and hope they will be soon here. My Question is that 1. Can my un married son and daughter be engaged with any Fuency there?( not marriage). 2. What will be the legal position of that events here after there reach?
Your children can be engaged, but they cannot bring their spouses to the US based on the I-730 forms. Once they are here, they can apply for the GC in one year. Once they have the GC, they can file for the spouses (the waiting time is maybe another 1.5 or 2 years). Realistically, it will probably take 3 or 4 years from the time your children get here until their spouses are here. Take care, Jason
So means no difference to be engage in my country and after getting GC? Time will be the same?
US law does not recognize engagements (except in some cases for US citizens), so being engaged has no legal effect. Take care, Jason
Hi Jason,
I hope all is well! I inquired about my interview decision last week and received a letter saying “your case is under routine review by an asylum officer. The decision will be completed and mailed to you as soon as circumstances permit” what does this mean? It has been more than 2 months since I gave my interview. And it has been 4 years since I applied asylum. I hope it gets approved asap.
I think it has no real meaning – the case is pending and no decision is made yet. I would give them a couple months, and if there is still no decision, you can inquire again. Take care, Jason
Can you please share your timeline and the office where you filled ? Thank you
Thank you so much Jason for response such quickly even on the day just after thanksgiving, I guess I can only wait since I’m single have no properly reason to expedite,thanks again for everything you did for us
Happy Thanksgiving to you and yours, Jason.
Thank you – Happy Thanksgiving to you too, Jason
Happy Thanksgiving Jason Sir, and to all Asylumist community 🙂
Thank you – to you as well, Jason
Happy Thanksgiving for Jason and all his blog followers.
I have a quick question if anyone from the year 2016 have got any interview notification from LA asylum office? My case is pending since July, 2016 and it is time for renewal of my work permit.
I do not know about specific interview dates, but the LA office is moving more quickly than most offices, as they have been getting extra help from other asylum offices. Take care, Jason
Hi Jason,
Thanks for all the information you share with us here.
Is ii possible to find out where ones asylum clock is at for an affirmative asylum application? We did not receive a receipt (just fingerprint notice) so we don’t know the exact date our application was filed.
Regards
Thandeka
You might contact the asylum office and ask them about the receipt, and if they have the exact filing date. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Even if they do not give it to you, you have a pretty good idea when you filed. Normally, you have to wait 150 before you file for the work permit, but if you do not have the exact filing date, wait a bit longer (maybe 160 days) – if you file too early, the application will be rejected, which will cause more delay. Take care, Jason
Also please note that you can see your filling date on your fingerprint notice (I-797C), under Received Date or Priority Date column.
That is the exact date USCIS will use unless you stopped the clock.
Hello Jason ! Thank you for your help !!
I have a question regarding my I-485 form status update that ” MY NAME WAS UPDATED ” after I sent a response to the Request of EVidence which was a birth Certificate but I also sent G28 for my new attorney !
4/4/18 I-485 form received by USCIS
10/20/18 rfe received
11/15/18 rfe received and G-28 (change of attorney)
11/18/18 name was updated
I am wondering that the name update is maybe for my new attorney ! Hope to hear a good news soon !!
Anybody has an experience or thought about it !!
Do You have any idea ?
I am not sure what that means – most of the USCIS “updates” do not seem to have much relevancy for the pending case, and it is difficult to know what is happening internally, even with the updates. It is fairly common for a person to get a decision relatively soon after responding to an RFE, so hopefully you will get a decision. Our most recent I-485 cases for asylees took about a year. Take care, Jason
Hi Jason,
I read a note in https://afghanrefugee.net/2018/11/18/reuniting-refugee-and-asylee-families-in-the-united-states/
My question is, is it possible for an asylee in the US to have his family members ( Brothers and sisters ) join him here because the life of this family members are threatened in his home country ?
Thanks,
If a person wins asylum in the US, he can file a petition (form I-730) for his spouse and unmarried children, who were under 21 at the time the asylum case was filed. He cannot petition for anyone else, such as a parent or sibling. Other family members can try to come to the US in some other way – maybe as a refugee (though few are coming here this way) or with some type of visa (and then maybe request asylum once they are here). But an asylee cannot file any documents to get asylum or refugee status for siblings, at least as far as I know. Take care, Jason
Hi. I got green card on Asylum basis. My all family is here. Only a son age of 26y is at my home country in south Asia in a muslim country.because of age over 21 at the time of applying Asylum. I want to sponser him. He is un married. How much time can be taken to come him to usa? Any average time prediction plz?
Can u plz share ur time line nd offce location
It takes a long time – maybe 7 or 8 years, I forget. You can Google “DOS visa bulletin” to find the current wait time. Alternatively, maybe he could come here on a student visa or a work visa. You might talk to a lawyer to go over the options. Take care, Jason
Hi Jason I just got a nta and was wondering. I have a lawyer but do you represent people in Minnesota? So my hearing is scheduled next year. Also what will be the process if you do rep people in Minnesota?
I could represent someone in MN. However, it would be more expensive since it is farther away, and I do not know the judges or DHS lawyers there. But if you wanted to discuss, we can. Just let me know – the first step would be a consultation. Thank you, Jason
Hi Jason, I sent you a reply for a consultation with the docs and an update on my hearing date. Still awaiting to hear from you. Thank you!
I was out of the office and will reply when I return. Take care, Jason
Hi Jason! What are my chances of winning an asylum if I being a non Muslim is threatened by a Muslim extremist group back home. My country persecutes people on the basis of blasphemy and I have a blog where actively ridicule the blasphemy laws back home. I have starred getting threats of from these extremist groups because of my blog.
Also how much do you charge for an affirmative asylum case?
If you are threatened due to your political opinion or religion, the threats are credible, and your government cannot or will not protect you, then you probably have a strong asylum case. We have done similar cases for bloggers from Afghanistan and Pakistan (and maybe other places too) that have been successful, so I do think it is possible. As for our fees, we normally charge $4,000 for a full case, including the interview (if it is local) and all fees, and we do a payment plan. Take care, Jason
Thank you so much for enlightening me on this. I am very scared about the kind of threats i am receiving. I know you said as long as the threats are credible. Can an asylum officer believe in my statement alone. I have a blog as a proof and I know i can be murdered based on being accused for blasphemy if i go back home. I am not sure what to do. I am also looking at other options. Also, I live in Ohio. How is it going to work out if i want you to represent me? Thank you so much again for this amazing blog.
You can submit evidence of your political activity (the blog, for example) and evidence of country conditions (that people who speak out, as you do, are harmed). We have cases like this, and they are generally successful. If you are in OH, I believe your interview will be in Chicago. We can represent you, as we do represent people all over the US, though usually we find a local lawyer to cover the interview itself and this has worked out well. If you wanted to contact me (next week), my email is jdzubow@dzubowlaw.com. Take care, Jason
Hi Jason,
Thank you for this piece!
Update: Federal judge blocked POTUS’ asylum ban, ruling that the POTUS can’t rewrite existing immigration laws. In addition to the injunction, the judge ruled that Congress would have to change the law for the ban to take effect. From the get go, I felt like the president’s order was arbitrary and possibly illegal, irrespective of the fact that 212(f) gives him power to decide who to allow to enter the US. I feel like it’s much more complicated than that, especially when the law- 208 in this case- clearly says that anyone can seek asylum, irrespective of how or where they arrive. The law in this case (208) is not ambiguous. Plus, there is no threat to the safety of the public from the people who are seeking asylum at the border. Thus, the POTUS can’t reasonably use public security as an argument like he did with the Muslim travel ban. Though to me, the travel ban ruling by the SCOTUS- well, the conservative judges at least- was absurd, to say the least.
He (POTUS) could very well appeal the ruling to the SCOTUS, and they may very well rule in his favor. I wouldn’t be surprised as most of the rulings that come out of the SCOTUS, including rulings from liberal judges, seem to be based heavily on political ideologies, or who appoints you, rather than a rigorous analysis, and fair application and interpretation, of the law.
I think your analysis here is spot on – and I also worry that the Supreme Court will side with the President, as they did with the travel ban, even after lower courts enjoined it. Hopefully, we are wrong. Take care, Jason
Thanks for your response, Jason! Yes, we can only hope.
More updates: Chief Justice Robert John Roberts rebuked POTUS for attacking the federal judge who ruled against his asylum ban!
Yes, let’s hope for the power of common sense that tells that people who illegally came to the USA publicly showing disrespect to law and border should be banned from getting asylum.
Actually, it is perfectly legal for anyone coming to the US, legally or illegally, to seek asylum. The specific language can be found in INA 208(a)(1). If the President and Congress do not like this law, they can change it. But the President does not have the authority to ignore a law simply because he does not agree with it. Take care, Jason
Nick, I want to make it clear that I am fully aware that some of the members of the caravan migrants are economic migrants and not necessarily legitimate asylum seekers. A number of the migrants, when asked by news reporters why they are seeking asylum, have boldly said that they are looking for a better life and jobs so they can take care of their families. These people obviously wouldn’t qualify for asylum, when we take into consideration the definition of a refugee. Unfortunately, fleeing poverty and crime are not grounds for gaining refugee or asylum status.
However, 208(a)(1) of the INA- and in case you weren’t aware, the INA contains Immigration laws passed by Congress which is one of the 3 arms of government- allows for anyone, irrespective of how they arrive in the US or at the border, to seek asylum in the US. Now, the INA did not stop at 208(a)(1), as the legislators who passed the law in the INA knew that there would frivolous and illegitimate asylum applications. And so they drafted the laws so as to mitigate against the fraudulent and frivolous applications. If you continue to read the INA, specifically the sections that are asylum and refugee related, you would discover that there are several “legal hurdles” and obstacles that must be overcome by the applicant, before he or she is granted asylum or refugee status. An asylum claim does not automatically translate into permanent or legal status. Besides, asylum claims made at the US border are usually subject to a credible fear hearing- it’s sort of a “preheaeing” or screening- that determines credibility and eligibility of the asylum claims. If the law never has a provision that allows for anyone to seek asylum, irrespective of their arrival, what would happen to legitimate asylum seekers who aren’t able to come through conventional ports of entries?
Furthermore, asylum is a humanitarian program that many countries, including the US, are signatories to, and a program that the US has promised- by way of making laws (INA 208 and 207, for example) and signing international agreements- to use a a relief for vulnerable group of people. As such, because of the nature of the program, asylum seekers aren’t- or at least shouldn’t- be treated the same way other classes of immigrants, such as economic immigrants, are treated. I mean, would be the purpose of having a humanitarian program if you are going to prevent people from seeking it? In addition, wouldn’t blocking, by way of executive orders, flying in the very face of the laws that grant such privileges?
That is my answer to Jamie.
I don’t mean exact law I talk about principle. You told that “unfortunately, fleeing poverty and crime are not grounds for gaining refugee or asylum status.” Do you understand that if it would be ground for gaining asylum, you get all lazy losers from the entire world? Do you understand that any person should fight for his beliefs and future? If you don’t have a job in your country, if it’s poor and full of crime – try to make it better! It’s your home. Don’t run away only because you don’t want to clean up the mess. Just try. And if it would be tough, if your government would threaten you- only then you have moral right to seek asylum.
The people from caravan are fleeing from poverty. They wave flags of their countries. They did nothing in their countries and they should not be eligible for asylum.
Most of them are not eligible for asylum, but I do not think it is accurate to state that they are fleeing solely for economic reasons. For example, Nicaragua is the poorest country in Central America, but it is not so violent, and they do not have nearly as many migrants fleeing the country. In some Central American countries, there is a higher murder rate than in Syria. So it seems to me that people are fleeing largely due to fear of harm. That said, most will not qualify for asylum due to technical reasons (there is no “nexus”). Take care, Jason
Yes, I should be more accurate in my last sentence. Many of them fleeing crime. But it doesn’t contradict to what I said. If you don’t even try to force the government of your country to do what it should do, you deserve what you have. And I haven’t heard that anyone from the caravan declared that he is running away because of oppositional activity.
Hi guys, Is there any update from Minneapolis office? Has anyone been interviewed in Minneapolis and got the decision?
Hi Leila . I’ve been interviewed since June 2018 and no decision had made yet regards my case. Actually I feel worry about that but we have nothing to do other than waiting. Good luck for you.
Dear Jason,
Thank you for your information on this page,you have been so wonderful.
Please I have someone who has stayed 2 years and want to file asylum because she never have the knowledge. What do you think is the chance of being sustained?
Regards,
Emmanuel
Ignorance of the law will not excuse the one-year bar. I wrote something about the one-year asylum filing bar on January 18, 2018, and that may help. She may want to talk to a lawyer to try to get some ideas about overcoming the bar. Even the best asylum case will lose if it is not filed on time, but there are exceptions to the bar, and so she should look into those and if she wants to seek asylum, file as soon as possible. Take care, Jason
Hello Dear Jason
I thank you so much for all your relevant help. You’re amazing. This is actually an interesting news you shared us this morning.
I have a couple questions for you. I filed my asylum on March 2017 in Chicago and submitted an expedite application just a couple weeks ago. Surprisingly, I got a letter from the USCIS and I am scheduled for interview on the Dec 13th following my expedite application. I am so excited! My question for you is, I have two people who’re willing to witness for my case during the interview. I heard no one can’t get in during the interview and wanted to check with you before expending a lot and before I flew them out to Chicago if they’re not allowed to get in. I have already submitted their witness letters though but wanted them to witness in person as well.
Thank you so much and looking forward.
You actually can present witnesses at the asylum office. I have never done that, and my impression is that the officers do not really want to hear from witnesses. I would only bring them if they are very important to your case. Otherwise, the officer can just read the letters. Take care, Jason
Thank you so much for the response. Good to know I can present witnesses. Yes, I do believe at least one of them is very important and I will present him. Thanks a lot!
One caveat: I think that is the policy in the whole US, and it is the policy at my local office (Virginia). However, it is pretty rare, and I would recommend you email the asylum office to let them know that you have a witness. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). My concern would be that even though you are allowed to present witnesses, the asylum office will not want to hear from the witness (asylum officers do not always seem to follow the policies). Take care, Jason
Hey there Jason,happy thanksgiving,I just found your blog one week ago and it’s really helpful,I got a lot of information I didn’t know, I’ve filed a asylum application in June 2015 in Los Angeles and still waiting for an interview since 2018 new LIFO policy,do you think it’s possible they will change LIFO to FIFO after democratic control the house?so far Los Angeles office still interviewing people who filed case in November 2017,it’s looks impossible to interview people who filed case in 2015 with in two years,any suggestions would be appreciated
I do not think they will change to FIFO any time soon. LA is moving more quickly than most other offices, so maybe that will help. Also, if you want to try to expedite, you can – I wrote about that on March 30, 2017. Take care, Jason
What was your reason for experditing if you dint mind sharing?