A recent article in the Washington Post discusses the case of Santos Chirino, a Honduran man who sought asylum in the United States after gang members threatened him for testifying against one of their own. Immigration Judge Thomas Snow found that Mr. Chirino did not qualify for asylum or other relief, and ordered him deported. Eight months after he returned home, Mr. Chirino was shot dead at a soccer match.
Mr. Chirino’s is a sad and sympathetic case. But the fact is, his story tells us nothing about whether Judge Snow made the wrong decision. In fact, our asylum system is designed so that a certain percentage of those properly ordered deported will be harmed or killed in their home countries. Let me explain.
To win asylum, an applicant must demonstrate that he faces at least a 10% chance of “persecution” (serious harm or death) in the home country (this statement is a simplification, but for our purposes, it works just fine). Mathematically speaking, applicants who demonstrate a 9% chance of harm should be deported. If 100 such individuals are deported, we would expect nine of them to be persecuted upon their return.
As a conservative and cautious person, I do not like these odds. If you tell me that my airplane has a 9% of crashing, there’s no way in hell I’m getting on board. I’ll take the bus, thank you very much.
The situation is even more grim for people–such as Mr. Chirino–who do not qualify for asylum, but who still fear harm. Some people are ineligible for asylum because they committed crimes; others, like Mr. Chirino, are barred because they failed to file within one year of arriving in the U.S. and failed to meet an exception to that rule; still others are blocked because the harm they face is not “on account of” a protected ground (race, religion, nationality, particular social group or political opinion). Such people can apply for other, lesser, forms of relief: Withholding of Removal and relief under the United Nations Convention Against Torture (“CAT”). But to qualify for protection under these laws, an applicant must demonstrate that she will “more likely than not” suffer persecution or torture in the home country. In other words, that the likelihood of harm is greater than 50%.
This means that under our system, applicants for Withholding or CAT who demonstrate a 49% chance of being persecuted or tortured should properly be deported. Again, if 100 such people are deported, we can expect 49 of them to be harmed. This is not very comforting for asylum applicants or their families, or for people like Judge Snow who work in the system and are tasked with enforcing the law.
There’s another side to this coin, however. That’s the case where the adjudicator grants relief, and then the person commits a bad act inside the United States. Fortunately, such cases are rare, and it has been pretty-well demonstrated that immigration to the United States has a neutral or positive effect on crime rates (this makes sense given the strict vetting process for immigrants). But there are glaring exceptions, and these tend to get significant attention. One recent case involved a Salvadoran teen accused by DHS of membership in MS-13. Last summer, an Immigration Judge found the evidence against him insufficient and ordered him released from custody. A month later, he helped commit a brutal murder. Once again, the Immigration Judge may have made the “right” decision, but the end result was tragic.
So in a sense, Immigration Judges are caught between the Charybdis of granting relief and the Scylla of denying. But to me, that is not really their problem. We live in an imperfect world, and we have an imperfect asylum system. Judges operate within that system and hopefully follow the law to the best of their ability. If a particular asylum seeker has demonstrated a 9% chance of harm, the judge should deport that person. That is the law, and if we don’t like the law, we should try to change it.
In Mr. Chirino’s case, the tragedy is compounded by the fact that his denial was likely a result of failing to meet the nonsensical one-year filing deadline. Had he filed on time, or met an exception to the one-year bar, his case would have been evaluated under an easier standard, and he might have been granted relief. Again, this is a problem with the law, not the judge, and it is up to us to change laws that we do not like.
Several years ago, I was speaking with Judge Snow, who I consider one of the best and most thoughtful judges I know. I was thinking about applying to be an Immigration Judge, and I asked him how he handles hard cases, those where his sympathies lie with the applicant, but where relief was legally unavailable. He told me that in such cases, he does his best to follow the law, even when it is difficult. That is a judge’s duty, and I have little doubt that that is what Judge Snow did in the case of Santos Chirino.
I suppose all this goes to show that what works for “the system” does not necessarily work for the individual. One could argue that Mr. Chirino was an innocent martyr of our asylum system. He and many others have died or been persecuted so that our humanitarian immigration system might exist. It is important for all of us to be aware of these sacrifices, and to work towards a more perfect and just system.
How long did you wait for your merit hearing after master hearing?
[…] Deportation Can Mean Death, Even When the Judge Gets It Right (The Asylumist Blog, Dec. 2018) [text] […]
Hi Jason,
I hope you are doing well. I have my master hearing February 5th, 2019 in NY. The Judge who has been appointed by Jeff Sessions is a new. She just has been appointed last month by him. My question is all the judges that Sessions appoint are mostly likely a disadvantage for cases? Do they most probably deny cases? Or although he appoints all the judges still can they be more liberal or at least don’t do prejudging.
Thank you. Take care.
I have not seen any data on that, but my experience is that the new judges I have seen are good and not political or anti-immigrant. But each judge is different. It is probably too soon, but at some point, you should be able to find the judge’s statistics on TRAC immigration (you can Google that). Take care, Jason
Thank you, Jason. I’ve checked TRAC statistics but she is not on the list yet because it is so soon as you said. However, thank you for sharing your experience. I hope mine is not anti-immigrant as well.
Hi Jason and everyone
How long proximally after receiving approval letter from EAD, the actual card came in the mail? C08 EAD category fyi
Thank you
Probably a few days to two weeks. Hopefully. Take care, Jason
Hi BG,
It’s not clear how it’s been processed this days, I have had my approval and the social security for a month now but no EAD card yet. It is fruastrating I must say. I have called severally and I’m too tired of doing so.
Let’s hope things speed up.
Best wishes
Hi Jason, I had my first court appearance (MCH) this year and second one will be in 2022 my question is it’s common for the judge to schedule the second court appearance in 4 years time ? isn’t exaggerating from that means he’s busy the all 4 years or the 4 years can change? Thank you very Jason.
It depends on the judge. Some judge’s schedules are full for 4 years. Newer judges usually have earlier availability. Your case may get switched to a different judge and advanced, or if you want, you can try to ask the judge for an earlier date. I wrote about that on April 20, 2017. Take care, Jason
Hi Jason,
I have pending asylum case, but I am going to marrige with my girlfriend who is us citizen. she is 12 years younger than me. we have been together for 6 months. we are also have same race, culture and language. do you think age difference cloud cause problem during AOS interview?
A big age difference can be a red flag, but it is pretty common, and so if you have evidence of marriage, you should be fine. I wrote about this on August 8, 2018. Take care, Jason
Donald Trump and Melania have différence âge of 28 years.
Best reply ever!
Yes, but I am not sure their marriage is real…
😀
Thanks for your prompt reply sir.
I have one more question, if someone expedite his case based on a serious or strong medical issue, does his decision will be also expedite or not ? Once again, if the medical condition is serious.
If not, can we request expedite based on medical condition for a decision?
Expediting the case does not necessarily expedite the decision. You can ask them to expedite the decision, but they often do not have control over the time frame, as it depends on outside agencies (such as the security background check). Take care, Jason
Hi Jason,
Thank you for your helpful posts. I was wondering if you have had Iranian clients who got their decision within a year after their interview? I had my interview in June at Arlington and have not heard back yet.
I’m waiting more than 1 year , for my decision
I have, but Iranian cases sometimes take a long time. You can contact the asylum office and ask 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
Hi, Jason! Thank you for your time. I really appreciate you. If you don’t mind I have another question. Please help me if you can. My situation is I’m asylum seeker and my case was granted but didn’t apply for GC yet(because cam apply after 1 year), so far got RTD and now I’m planning first get married to my girlfriend in third country then come back to US and add her for petition I-130 form (if there’s any kind of other forms then apply such a form) to bring her as my wife. My question am I doing right? Or maybe there’s any other way to do it?
I know it will take time. And also I know that if she can get visa to USA then it will be much faster but problem is she tried to get visa 4 times and got denied. I already loosing 5 years my life living far from my family and my girlfriend and now I don’t want to waste my time for no reason doing something wrong.
If you were married to her when asylum was granted, and it has been less than 2 years since you got asylum, you can file an I-730 for her to give her asylum derivative status. That would be fastest. If not, once you have a green card and are legally married to her, you can file an I-130 to bring her here as the spouse of a GC holder. That process takes about 2 years. Take care, Jason
We were not married at the time when my asylum was granted, does this mean that I cannot fill out the I-730 form? in order to fill out form I-130, I have to get married after receiving the green card, or can I get married now, before applying for the green card, and then after receiving (this is about another 1.5 years) to apply form I-130?
If you were not married when asylum was granted, you cannot use the I-730. This means that you have to get the GC first, and the file for her using form I-130. To file the I-130, you must be married (there is no fiancé visa for GC holders). Unfortunately, it is not a fast process. You can get the Refugee Travel Document (form I-131, available at http://www.uscis.gov) and travel to see your fiancé overseas. Take care, Jason
Hi Jason,
Thanks a lot for your great service. My wife need EAD to work. Do I need to file separate EAD application for my wife(depedent)?
thanks
If she is a dependent on the asylum case and 150 days has passed, she can apply for an EAD. She has to do her own application, which is independent of your application and contains the I-765 and all required documents. Take care, Jason
Hello Jason,
Regarding your previous comment about Afghan cases that couple of them were denied. Were their cases based on working with international forces or having secular views? Also, what was their outcome in the courts?
I have a case pending for 5 years now; been waiting for a decision for more than 18 months. I am just afraid what will happen to my case is referred to court, despite I have worked with US agencies and all of my co-workers that I know are in the US through SIV. In my interview, I had letters several people who worked with me and explained why my life was in danger, including a letter from an American citizen who witnessed personally my situation and secular viewpoints. As you may know, there are peace talks going on with the Taliban. I am wondering how is that going to impact a case if peace comes through considering the extremists like Taliban are the reason of our asylum and now they will be part of the Afghan government if things happen?
By the way, how the Chicago office has been toward such cases in your experience?
The wait has become intolerable. I wish some light come through soon. Your help is much appreciated.
Hi ASY hope your doing well I’m also from Afghanistan and it’s almost 18 mounts that I’m waiting for decision .
Sadly, this is very common for Afghans. You can make inquiries, try the Ombudsman, and if all else fails, and you want to, try a mandamus lawsuit. You can find the contact info for the asylum office and the Ombudsman if you follow the links at right called Asylum Office Locator and USCIS Ombudsman (under Asylum Seeker Resources). We wrote about mandamus cases on October 2, 2018. Or you can just wait – eventually, almost everyone gets a decision. Take care, Jason
I have not done an Afghan case at the Chicago office, but other cases I’ve done there have mostly been approved. My Afghan cases are mostly people who worked with the US. One was referred to court because he (falsely) stated on his US visa application that he was also a citizen of Pakistan. He won in court. Another was referred to court in TX. I forget why, but he worked with US forces and several family members had SIV visas. The case was approved. A third case I can remember was an affirmative case, but then he got arrested for DUI, was detained, transferred to a detention court, and denied, based on a very convoluted decision by the judge. He did not want to appeal, and left the US. I know Afghan cases are denied, but with all the SIV documentation and country condition info, you should have a good chance to win. By the way, we characterize these cases as political (since the extremists view my clients as “pro-American”) and religious (since the extremists view my clients as infidels). As for the peace talks, it will depend on what happens, but currently, there is no peace and the situation is not safe. Take care, Jason
Hi,
I have read an article that nowadays the interviews can be traps to arrest the asylum seekers
If any asylum seeker had to go through this situation
What do you recommend them to do?
Contact a congressman? Human rights organizations? Or his lawyer?
And what would happen in this situations? Custody for deportation for long periods of time? Fast trials? Bails? Exposing his case to his home country?
Thanks.
I have never heard of that, except for people with criminal issues (including possible criminal issues overseas). We did have a case where ICE called our asylum seeker client in for an interview after he filed, and then sent him to court. It was very unfair. I think they targeted him because he had a J visa and a Fulbright Scholarship. They gave him an ankle bracelet and released him. If you do not have criminal issues, there should be no danger at the asylum office, but if something did happen, you would have to ask for a bond from ICE or from the Immigration Court. Take care, Jason
Hi Jason
Thanks for your blog. I have a question: In the recent times how difficult are the Asylee naturalization interviews (based on A6 GC)? Do they bring up your asylum case? Is it necessary to take a lawyer? Do you suggest we apply or wait out the current administration? No crimes or arrests or unpaid taxes. Only issue is that I forgot to file AR11 in time (filed a few months late). Just concerned about what to expect.
I just did two – one from Iran and one from Sudan. Two countries our government loves. Both went very smoothly and there were no questions about the asylum case. However, they can ask about the asylum case, so you should review that to refresh your memory. As for the AR-11, I have never seen that issue come up in a Naturalization interview. As long as your address is updated now, you should be fine. Take care, Jason
Hi Mr. Jason
Thanks a world for such big help to us.
I have to questions:
1: How does Arlington office treat Afghan cases who have strong cases, even losing of family member. I am sure, you might have case from my country.
2: My brother was working US military in my home country, and he came here through SIV. His employment also put our entire family in serious danger, what do you think, does his case help me too or not? Once, I read an article in your blog that one of your clients approved just because his/her family members were in SIV.
Much appreciated,
1 – Our experience there has been good. We’ve had a couple cases denied, but the approval rate for cases we have seen is probably about 95%. The bigger problem is delay – many Afghan cases take many months or years to get a decision. 2 – I think it helps. Include his SIV documents and maybe a letter from him (and you) explaining why his work has put you in danger. Take care, Jason
Hi Jason,
I filed an asylum application in Jan 2018. I intend to amend my statement in support of the application. The amendment is a slight one. Infact I just want to amend a paragraph to state that my wife visited a cousin in order to elicit his help to plead on our behalf.
Please confirm, can I amend the statement?
Regards
You can – You can submit a supplemental affidavit or – in a case like this, where the change is small – maybe just tell the officer that you have a correction at the beginning of the interview. Take care, Jason
Thank you
Wow! The judge’s name brings back memories. I had my case before judge Snow and he was really nice to me, didn’t interrupt and granted my case within 15 mins and chatted with me and my attorney for another 10 mins while they prepared the grant paper for him to sign. He even wished me good luck. I guess everyone has a different experience or probably may even depend on the judge’s mood? Anyway I would always be greatful to him for the opportunity to stay here and build my life.
I thing Judge Snow is an excellent judge. He follows the law, which means sometimes he denied, but that is his job. Take care, Jason
Jason, I think that’s why the person who was deported never qualified for asylum. The gang violence cases are extremely difficult to win, especially when the applicant untimely files the application.
How long did you wait for your merit hearing after master hearing?
Hi Jason
Good Morning, Thank you for your service.
1) how long processing of first EAD of asylum takes after applying (assuming 150 days passed)
2) what is the duration of validity of first EAD?
tHANKS
1 – It seems faster these days, maybe 1 to 3 months. 2 – It should be two years. Take care, Jason
Hello Jason,
I was wondering whether having a Mandamus lawsuit against the Asylum Office will end with a rejection if I strongly believe they apply CARRP procedures to me.
I had my interview for more than a year ago and I haven’t received any decision yet. Recently, they told me that my case is pending the background checks. Moreover, I experienced several indicators of CARRP throughout my asylum application process.
I have a very strong case with online and written proofs but waiting this long after the interview is scaring me of being in CARRP limbo forever. After this wait, I don’t want to get an immediate rejection by Mandamus and wait another 2 years to see a judge. Please advice.
A mandamus lawsuit is sometimes better than waiting forever in limbo, but if the Asylum Office cannot issue a decision (for example, because background checks are not complete, the mandamus may result in a bad decision. In short, mandamus does not guarantee you a good decision, but if successful, you will get a decision (good or bad). Take care, Jason
Hell Jason and everyone on the blog. Has anyone had such a case? I applied for EAD renewal in September 2018. I received a receipt in September and Approval in December. When I check the status of my case online it indicated that USPS delivered the card on 12/12/2018 but I haven’t received the cared yet. Has this happened to someone before? And if yes how did you go about it. Thank you
Maybe you should call USCIS to check. You can find their number at http://www.uscis.gov. This does sometimes happen, but it can be a big pain to fix. Make sure that they have your correct mailing address and that you can receive mail at that address. Take care, Jason
Thank you Jason
Hi Jason,
Generally, How early are you filing for EAD renewals now? I know that we can file as soon as we are in 180 day window but my lawyer still insisting to file in 120 day window.
I got my EAD today, it took 135 days. I filed the renewal 179 days before the previous one expires
You can file at 180 days, but generally, we file at about 150. I always fear if USCIS gets it “too early” (even though it is actually on time), they will make a mistake and reject it. It is very difficult to anticipate all of USCIS’s mistakes these days. Take care, Jason
Hi Jason, i applied for EAD renewal about 2 weeks ago (90 days before it expires). Today, i checked with the bank and they said my check has been deposited. Does it mean USCIS approved the renewal application and is in the process of issuing the card? For applications that they reject, do they send back the checks to applicants? Also, can i use the receipt to have my driver’s license renewed at DMV as i don’t think I’ll get the card before my driver’s license expires? Thank you for your reply!
It means they have received your application. Now, they will process the case. Hopefully, it will be approved. If something is wrong, it could be denied (though usually, they give you a chance to fix any errors), but granted or denied, they keep your money. If this is a renewal, the receipt should extend your old card for 180 days, and hopefully, the DMV will accept that. Take care, Jason
Hi Jason, thank you for always helping.
How do people usually pay for EAD renewal? Include a check in the mail? How does one go about paying with debit/credit card? Is there a website to do so and we print the receipt to include in the mail? This will be our first time renewing.
Thank you very much.
We just have the client send a personal check. That is safer than a money order. We have not done online payment, but I think that is possible also for a renewal. Take care, Jason
There is a form and it is called G-1450 to authorize the payment through the credit card. You can find the form on this link. Make sure to fill a separate form for each applicant. I recently applied for extension using my credit card.
https://www.uscis.gov/forms/fingerprints/pay-a-credit-card
Thank you. I don’t use that mostly because I am old school, and too lazy to learn new things. That will have to change eventually, as Immigration Courts and the Asylum Offices move to e-filing and doing more online. Take care, Jason
Thank you very much.
Hi Jason, fisrt I have to say thank you for answering our questions!
I have pending asylum case and I have asylum EAD. But I am on F1 status and I have not used my asylum EAD yet. Im willing to get GC through my husband. His company is in process of applying GC through eb3 for him.
My question is, if I keep myself on f1 status until approval of my husband i485 and after that I get out of status or Use my asylum EAD, do I face any problem in my green card application?
There is no clear answer here. In the past, working with an EAD was no problem. However, USCIS could argue that this violates your F1 status (there is a memo from USCIS from September 2018 on this, but I can never seem to find it). Worse, even applying for asylum (which is a request to stay permanently) could be viewed as a violation of the F1 status (where you must have an intention to leave when you finish school). In practice, my guess is that, as long as you do not have an interview and get sent to court or denied, you will be fine. But, if your husband has a lawyer, you should tell the lawyer your situation and hopefully he can protect you. If you do not have a lawyer for a case like this, you should find one. Take care, Jason
Jason, the memo you are referring to is one of the most ill-thought- out one I have ever seen. Aside from the fact that the memo isn’t clear, I can’t emphasize this argument enough: The law, as it is, provides for anyone at the border or in the US to seek asylum. Unless the application is frivolously or fraudulently filed, according to the law and certain memos, there “SHOULD” be no punishment for filing an application for asylum and eventually acquiring an EAD. Why would you then punish a set of people for applying for asylum who might very qualify for asylum? What’s the difference between the applicant who came on an F1 visa and a B1/B2 visa? I mean, both visas are granted by the consular officer with the assumption that the applicant will leave the US at end of his/her trip or duration of study. In fact, what about applicants who come to the US on B1/B2, J1, F1… visas and get married to US citizens and PRs with the intention of staying permanently? What really constitutes a violation of your immigration status- specifically temporary immigration status- and when is it appropriate to apply the law punitively?
It may be me, but I don’t know if applicants for asylum, especially applicants who file bona fide applications, should be treated as requesting to stay permanently. The applications, in my view, should be treated as someone seeking refuge. It may be argued, after all, that a grant of asylum, though indefinite, does not confer permanent residence status. An asylee does not have to adjust his/her status and is not required to. The law, however, allows for asylees to eventually become citizens. This is the law- not NECESSARILY the asylee’s intention. It can therefore be argued that an application for asylum does not, in and of itself, guarantee a path to citizenship or a sign that it is the applicant’s intention to remain permanently in the US. On the other hand, if an applicant who has F1, B1/B2, J1… status and then gets married to a US citizen or PR, then later files a petition to live in the US, then obviously it is the applicant’s intention to stay permanently in the US. I have a genuine question: Will they seriously treat these applicants for immigration benefits the same way?
A determination that an F1 student violated status by filing for asylum is not a punishment, though it may seem like one. It is just a determination of whether the student violated status by expressing an intent to immigrate. The “punishment” would only apply if asylum is denied. I do like your argument that asylum is not necessarily a request to remain permanently. It makes sense under the law, but I doubt USCIS would accept it, at least not without a court challenge. As for the adjustment of status example, if adjustment were denied, USCIS could conclude that the person expressed immigration intent and should be referred to court. Take care, Jason
Hello Jason, pls does one need to go for an interview to get his or her i130 approved while in court for asylum case? Secondly pls how best are the documents to include for a proper filing of i130? Thanks for everything
Usually, yes. The standard of proof is higher when you are in court, so you need strong evidence that the marriage is true – photos, bills, bank statement, insurance, children’s birth certificates, travel together, etc. etc. I recommend you get help from a lawyer, as the procedure is tricky, especially these days. Take care, Jason
Hi Jason,
I wanted to ask you a general question. Does the asylum officer and the IJ judge take into consideration the following:
– Job status and history = me and my wife both have jobs and my wife is a nurse in a hospital. Do they consider the fact that we are not a burden to the society, instead we are contributing to the society?
– Our own house = we just recently bought a new house on mortgage of 30 years. Does this have any effect on our case? If we get deported, then the mortgage loan will not be paid in full.
I understand these are not yes/no questions. I just want a clarity if these items have an iota of effect on our case. A little background, we applied for asylum in April with my wife as principal appclicant. Had interview in June 2018 and have been waiting for a decision since 6 months now. We both were on legal status when we applied for asylum. Thank you!
Hi Jonson ! I’am asylum seeker since 2016. Do you think I can applie for refuge travail document ? Thanks !
You can only apply for an RTD if asylum is granted. If the case is pending, you can try for Advance Parole. I wrote about that on September 11, 2017, but since that time, it has become more difficult to get AP. Take care, Jason
I am not Jason but Asylum is for people who have credible prosecution history or probability. What you have told above has nothing to do with Asylum and judge will not consider that.
1 – In a way, they do. If you qualify for asylum, you still have to show that you are a person of good character. These things help show that (though unless you have some strong negatives, they assume you have good character). 2 – Not really. In general, when the decision-maker thinks you are a good person, it helps the case. This is not part of the legal analysis, usually, but it is one of those “mushy” factors that can help you. Take care, Jason
Hi Jason, thank you for always helping people and for replying to me on my previous concerns. Also congrats for the brand new site.
Being a pending asylee since the receipt in 2017 I think, with my wife now as dependent in my case, life is not easy. With no car, as my wife and I was walking back with groceries on a pedestrian only path and it gets pitch dark early due to the season, I was hit out of nowhere by a speeding motorbike that has no lights. The boy cared more about his bike, while his passenger came down to ask me if I am ok. Instead of coming down to check on us or apologise, the boy complained about something that came off from his bike, and said “bye!” then took off with the passenger. I suffered bruises, and bleeding on my face, arms, abdomen and legs. I had to get up and keep walking back. My wife who managed to avoid the motorbike was unharmed and ran towards me, thinking we were done for and were going to get robbed. She held back her protective nature hoping they just leave us be. They left. What can we do? We are in the so-called expensive sanctuary city, whose name shall not be mentioned, which is not much of a sanctuary to its own people, what more to people like us. Seeing how things are with politics, calling 911, making a police report, or seeking medical attention with no insurance does not seem like the solution, all it takes is one person to make an anonymous phone call to you know who, and that is it. Should I also include this situation in my case to show that day by day it’s getting worse for us with no interview? I am sure there are others who have suffered in some way if not in the way we did. In general, locals think people like us are here in this country for ‘benefits’, when all we did was sacrificed everything we had just to get a granted relief and have a home again.
Please advice me, Jason. Anyone who has the same encounter please comment too. What should I do? Thank you very much in advance.
I think you should contact the police. I do not know if they can find the person, but maybe they will. You should not be detained, since you have a pending asylum case, and the police should help you. As for medical treatment, unfortunately, I do not know a good solution there. If you need emergency care, you have to go to the hospital, but you probably have to pay (or at least they will send you a bill). Maybe contact the local Catholic Charities in your city to see whether they can refer you anywhere. Sometimes, there are resources available. Take care, Jason
Thank you very much Jason.
Hi Sir
Can Pending Asylum Seekers get some sort of assistance from catholic charities ? If yeah, will it affect the individual later in decision of asylum office or not ?
For instance me, I have no job, and I have a lot of problems. I am waiting for 150 days to apply for EAD.
Maybe, but you would have to contact the local office to ask. As an alumni of Catholic Charities (in NJ), the only benefit I saw people get was a free lawyer. Nevertheless, you can ask. If you do get benefits, it should not affect an asylum case. I wrote about that on September 24, 2018. Take care, Jason
Hi Jason,
What is the purpose of an INFO pass appointment? I have been waiting for my case for the last 12 months and I just want to know if asking an Info Pass will help to expedite my case. I did submit tickets many times but It seems they are writing something there just for the sake of answer with no clarity.
An Info Pass appointment is not for asylum cases (though supposedly, that will change soon). If you want to inquire about your case, you have to contact the asylum office directly. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks for the post
Hi Jason
Thanks for your nice work and kind heart for helping us.
I have a question, related to your post.
Does asylum office also applies “ at least10 percent policy” for approving an application or only the immigration court?
If this is the case, I think most of people have strong cases, they have pretty good chance to win the case. I personally even lost my family member in home country.
The same standard applies at the asylum office and in court, but it is not quite so simple as a 10% chance of harm. But that is the basic idea. Take care, Jason
Hi, Jason. Have a quick question, yesterday I got my refugee travel document and regular print paper: “7 product way Lees Summit MO 64002” sign on it and nothing important else, just my name, address, a#. is this something that I should worry about?
Probably not, but it is best to keep everything USCIS sends you, even items that seem useless. Take care, Jason
Hi. I belong to am Muslim Country. I applied for Asylum on Gay in usa some years ago. After some time by councelling of friends i changed my mind and become attractive to girls. Then i married this year here with an American citizen girl.After it i applied for Green Card. I received EAD Catagory C9 and Travel Document. Not received my GC in pending. My Question is: Can i with draw my Gay Asylum Case? And then Travel to my home country on Travel Document before receiving My GC?
Congratulations Mr. Waheed for your marriage.
It’s not funny. Be civil.
@Waheed I saw your post two days ago and decided to comment now. I don’t work for USCIS, but I will tell you the little that I know. I don’t know you and I don’t know the details of your case. But from your comment, I’m sensing that you used LGBT Asylum as a way to circumvent the US immigration system and the moment you realized your case was in the backlog, you decided to turn straight overnight just to get a GC fast. You are part of the reason why innocent people with genuine asylum cases have been thrown in the blackhole (backlog) for years!!! If you are gay, you are gay!!! You don’t turn straight based on mere counselling from friends….There are so many innocent/genuine LGBT asylum seekers are who are waiting to have their cases heard, and it is people like you who end up causing unnecessary hardships for the genuine ones.
@Mohammad I hope Jason will end up barring you from making “homophobic” comments on this forum. If you have a problem with gay people, then go and get some help.
@Mohammad I hope Jason will end up barring you from making “homophobic” comments on this forum. If you have a problem with gay people, then go and get some help.
It seemed you wrote something stupid, so I took the liberty of correcting it for you. Take care, Jason
WAHEED, I am not going to judge you nor am I going to speculate about your case as I don’t know you and your case.
However, I feel compelled to respond because of something you said in: “i changed my mind and become attractive to girls.”
First of all, notwithstanding the possible element of sexual fluidity and diversity, someone who is solely attracted to one sex “at one point”, cannot, by counselling or coercion, especially by people who aren’t trained in behavior change, become attracted to another sex. We can all agree, using basic logic, however, that sexual identity, or orientation identity, may be malleable and thus can be termed mutable. One cannot logically argue, though, that sexual orientation- bisexuality, heterosexuality, homosexuality, etc.- is inherently changeable. How many heterosexuals would gladly change- on a whim or by some “conversion therapy”- their sexuality to that of homosexuality? In fact, the general scientific consensus is that sexual orientation, including those that are suppressed, perhaps because of religious or societal reasons, is immutable. That does not mean, though, that society should dictate your sexual orientation or identity.
It is important to note, for the sake of the LGBTQI community, that a suppressed sexual orientation does not constitute changed sexual orientation. It is also imperative that when we are discussing human sexuality we do not conflate sexual orientation- an enduring pattern of romantic or sexual attraction to members of the opposite or same sex- with that of identity.
A case like yours can potentially present more challenges- especially in light of the fact that there are currently debates about the extent to which sexual orientation and identity are immutable, and whether they should be considered a protected group- for genuine LGBT asylum applicants, as it is virtually impossible for an ordinary heterosexual, for example, to test the veracity of your claim(s). Indeed, I can understand why one would consider your actions- genuine or not- to be selfish, suspicious, and possibly deserving of reproach.
I think orientation is tricky, especially when you come from a society where they do not have defined “categories” and it is difficult to understand how to “label” yourself for purposes of a case. I do think there is an issue in a case like this, as USCIS will (rightly) want to know whether the marriage case or the asylum case was fake. However, I see no reason why a person cannot have affection for anyone, and that the relationship can be “true”. That said, it is USCIS’s job to test the validity of the relationship, and presumably, they will do so. Take care, Jason
Jason, I think human sexuality on a whole is complex, especially when you factor societal attitudes toward sexual minorities in the equation. The aforesaid also understandably impacts how people define- or identify- their sexualities. As well, people, people’s intentions, orientations and orientation identities, gender identity, etc. can be mischaracterized and often times misunderstood- especially by the “untrained eye”. As for this particular case, I take issue with the statement that (*paraphrasing*) you are no longer attracted to the same sex as you were counseled by friends. The scientific literature, and general consensus, does not support the applicant’s claim of changed sexual orientation. In fact, the scientific conclusion is that forcing someone to change his/her sexual orientation can be harmful to the individual.
Furthermore, I am not aware of any country that persecutes its citizens for being heterosexual. By that I mean, a gay person from a homophobic country who identified, and possibly lived, as heterosexual, and later on, once he/she is away from the threat or persecution, identifying as homosexual, or a member of the LGBT community, is quite different and understandable. The cases are not nearly synonymous. What would then be the incentive for identifying as a gay man from a supposedly homophobic country and then later on identifying as heterosexual when you are in a new country that can afford you the protection you once needed? When you were in the country that you fled, were you ever forced to change your sexual orientation? Why are you getting “counseled” now?
Again, while I do believe that people can be attracted to both male and female, I find it extremely hard to believe that you lose your attraction for one of the sexes. This does not mean that you can’t choose to be sexually and romantically involved with just one of the sexes. Likewise, being involved with only one sex, sexually or otherwise, doesn’t mean that you aren’t still attracted to the other- even if you only IDENTIFY as heterosexual.
Though I understand that the applicant has to have a good reason as to why he filed an application based on being persecuted because he “was”/identified as gay, and now filing for immigration benefit as supposed heterosexual man, I also do understand why one would consider the applicant’s actions selfish and suspicious. Furthermore, while I concur that one may IDENTIFY as whatever he/she wants, as it relates to gender and sexuality, I cannot agree, however, that people’s sexual orientations, an immutable characteristic, change. There is simply no evidence to support the claim that sexual orientation changes- even if repressed.
Though USCIS will ultimately determine the applicant’s eligibility for the benefit he seeks, I believe if the applicant did not mention in his asylum application his ostensible bisexuality, or if he had previous “conversion therapies”, he will find it extremely difficult convincing the officer that he is what he purports to be. Besides, my guess is that he will need a really good lawyer to help remove all doubts.
I agree with you that talking to friends will not change someone’s orientation, but I also think a person can be attracted to men and women at the same time, or go through phases. I also agree that the person’s actions are suspicious, but – unless he is lying about something – I do not see it as selfish. Assuming his various predilections came about honestly, there is nothing wrong with what he is doing. Given the strong incentive to lie, I see why people are suspicious, but I think we need to be cautious about drawing conclusions based on limited evidence. If you ever get a chance to see the classic movie The Oxbow Incident, from the 1950s, it touches on this point very powerfully. Take care, Jason
You’re not Gay but a Bi, perhaps?
I think you will need to explain why you sought asylum and why you are now married to a woman. That is explainable, but they might ask you about it. As for withdrawing the case and visiting the home country, you should probably talk to a lawyer about those – if USCIS thinks the original asylum case was a fraud, they can bar you from all immigration benefits, including getting a GC through marriage to a US citizen, so you need to be cautious. Take care, Jason
Hi,Jason
I was sent a notice for a second interview in 3 weeks
Do you know why do they ask for a second interview?
My first interview I was nervous and took so long. It took place 6 months ago.
Is it a bad sign and more likely to be denied?
My problem is I got nervous especially when I remember bad experience I got a shiver allover my body, I speak faster and I become emotional. Should I consult a psychologist for that?
How do I prepare for the second interview?
Please help me
Thanks
There are could be many reasons for a second interview – maybe the officer quit and did not complete the decision; maybe there is a disagreement between the officer and the supervisor; maybe they forgot to ask questions or discovered new info that they want to ask about. You should prepare as you prepared for the first interview, plus try to recall what happened at the first interview. It is important that both interviews are consistent. Take care, Jason
Thanks Jason for your reply
The second interview might be with a different officer?
Should I consult with a psychologist because when I remember what happened to me I got panic uncontrollably ?
It could be. If it helps you to talk to a psychologist, then you should. Unfortunately, these interviews can be quite difficult and even traumatic. Take care, Jason
Hi, Jason,
Hope you’re doing well. I have a question- my national passport will expire next year, and I’m still waiting for my interview for an asylum. Do you think I can expedite my case based on that? I mean if my passport expires and I get rejection, how I’m going to return to my country? Main purpose of such cases is that our home countries don’t know that we applied for asylum, or it may create problems for our relatives living there. But if I get denied and will have to return to my country after expiration, I’ll have to explain why my passport is expired and how come I stayed in USA without valid passport. Sorry for a such long question. Tank you.
This does not seem to work at least for Newark/NY office…
I think you can try to be put into the interview shortlist.
Understand the complications here but better hope for the best and in worse case you can claim you overstayed and hide the fact that you applied asylum.
You can try to use that as a reason. I think it is unlikely to work, but you never know. If you do, try to get some evidence or letters explaining why renewing the passport might cause problems and why you need a passport (presumably you have an EAD). Take care, Jason
I am a green card holder based on asylum and my husband is out of USA , he has a case with IOM and we recieved a denial(Ineligibility letter) from USCIS under (INA 207)
they mentioned the reason : ((others))!
Is this denial for all types of immigration? Because I filled an I730 form.
1. Is this letter affect on his I730 decision as well?
2. Can I apply for I130 for him, based on my green card? Or this means final denial to all programs.
Thank you very much
1 – I do not know, but if the I-730 is pending, that should be evaluated independently. 2 – Yes. If he was denied for a reason that also bars him from coming here based on the I-730 or on a marriage petition, you need to figure that out, as there is no sense pursuing/paying for petitions that he is not eligible for. I think you should talk to a lawyer to try to determine the reason for the denial, and analyze how that might affect the other applications. Take care, Jason
Jason, do you know what documents asylum applicants are required to provide for obtaining REAL ID card? I lost my passport, I can not renew it. What can I provide instead of passport as proof of identity for obtaining REAL Id card?
Thank you.
I think it is up to the state DMV to specify documents required.
For PA you don’t need passport. Either EAD or RTD will do (along with other required documentation such as proof of address, proof of lawful status i.e. asylum I-94 and SSN card/letter of ineligibility).
I am not sure, but if you have an EAD, that should work. I assume you mean the REAL ID driver’s license or state ID, and if so, you should be able to find out from the state DMV website. Take care, Jason
Hi Jason, Thanks for your advice. I want to ask you something,in Arlington do they give asylum approval to Syrians.And if they do how long does it take to get the results after the interview.
They do – We have had successful cases at the local office. However, based on what I have seen, they are working very hard to deny Syrian cases, looking for anything that resembles an excuse to blame Syrians for “supporting” terrorists (usually, utter nonsense), and treating them unfairly. Nevertheless, some cases are granted. Wait times tend to be long – we have had cases take many months or even a couple years. Take care, Jason
Dear Jason,
I have applied for asylum since 2016 and still waiting for interview. I hold my F1 status and keep going to school, but I used my asylum EAD to work off campous. do you think uscis consider it as a status violation? if my asylum application will be denied, can I stay in status and apply for graduation school and finally get my residency through opt and h1 inside usa?
thank you
There was a memo in September 2018 that seems to say that students who seek asylum and who are denied should be referred to court. This is because a student visa is a nonimmigrant visa where you promise to leave the US at the end of your studies, and asylum is a request to stay permanently, which is in conflict with the purpose of the student visa. I have not seen this actually applied, but if you are denied asylum, you could be deemed out of status and referred to court. Whether that will actually happen, I do not know – prior to this memo, such asylum cases were simply denied and you continued your lawful stay in the US based on the F visa. Take care, Jason
Hello ,
I hope you are doing well ?! I am a pending asylum seeker , I did my interview January 30,2018 and I am a TPS holder . I really want to see my kids in a third country , I have not seen them for more than four years . Do you think if I apply for an advanced parole document and travel to any third country , I will be allowed to renter the US taking into account I am from one of the banned countries . I want to travel and go back from a state that doesn’t have harsh measurement or procedures against people like me . Please I really need your advice I am really desperate and I feel empty handed .
I wrote about Advance Parole on September 11, 2017. If you can get AP (which is more difficult today than when I wrote that piece), you should be able to travel to a third country to meet you children, as long as you have a visa to enter that country. You might also inquire about the status of your case and maybe mention that you would like to get asylum and hopefully travel to see your family. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hi,
I sought asylum in the US and I am going to apply EAD (it will be my first time).
Do I need to pay a fee?
Do I need to wait for the 151.days? Can I apply for the 150. days?
Thanks a lot
If the EAD is based on asylum pending, there is no fee the first time you apply for an EAD. As for the timing, if you file early, the application could be rejected. Take care, Jason
Hi jason, I have been interviewed on October 30 in office of chicago and I wainting for the decision until now, How long do you think that gonna take
Can you please tell us when you submitted you asylum application ?
Can you please tell us when you submitted you asylum application ?
december 2014 but I missed my first interview on october 2017 this is a second one
There is no way to predict – some cases take days; other take many months. It is too soon to inquire, but if there is no answer after the new year, maybe contact them to ask about the 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
HI Jason just to say thanks a lot for your advises because without that many people would lost to grant the asylum, I been interviewed on October 30,2018 in the office of Chicago and on December 15,2018 they send me the letter said my ASYLUM IS APPROVAL, I missed the words to say thanks to my God for that because I asked for asylum since December 2014 and today I’m eligible to apply for to bring my familly in the USA, to see them again after many years
Congratulations! Thank you for sharing the news and good luck in the USA, Jason
I was interviewed in September 4th at the Arlington office and Im still waiting. I inquired them and they said “decision is pending”….
I was interviewed on October 2017 (14 months ago) and still no decision. Multiple inquiries and the reply is always the same, “your case is pending in this office,…”.
Hi JASON,
Hope your doing good.
Tomorrow i have a interview in Tukwila USCIS office and am so worried about that.
I need your suggestion how to attend the interview because i don’t have lawyer and what are the documents do i need to take .
Thanks,
VJ
I wrote something on September 8, 2016 that might help. Good luck, Jason
Hi JASON,
Am done with my interview yesterday and am worried because AO didn’t seen any evidence that i submitted to her and she doesn’t ask a single question to my wife,when am explaining about my case she was typing in the system she’s asking the same question multiple times,And i tried to explain how my wife got tortured because of police but she replied i don’t want make you emotional again. at last she told me you don’t have the sufficient evidence then i told to her that i have the evidence then i submitted the evidence copy to AO but without seeing the evidence copy she just kept inside the file and then she replied me if am eligible will notify you by Mail within 8 weeks else will be referred to immigration judge so you have one more chance to prove about your case and then Judge will decide whether if am eligible for any other immigration status.
Please Jason what you feel about my interview experience please suggest me.
Thanks,
VJ
It sounds like she did not particularly care about your case. Unfortunately, at least our local asylum office seems to lose the majority of evidence. At one point, I was keeping track and they lost 5 of the 6 evidence packets that we submitted – and all but one were submitted by hand. That was in early 2018. They improved for a bit, but then lost the last two packets we submitted by hand. I would email them to inform them that you had an interview, but that the officer did not have the evidence, and you want to submit it again to make sure they have it. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hi JASON,
All the doors are closing for me ,
Am in H1B visa and i applied for visa extension ,USCIS sent me a RFE and i submitted the documents last week ,This morning when i see USCIS website there’s awful for me my Visa extension got rejected.
JASON i need you advice on this situation.
You know i applied Asylum and completed interview last week.
Now can i stay in US are do i need to leave the country.
This rejection will affect my asylum case
What will happen next for me
Whether this rejection will support for case.
Thanks,
VJ
Sorry to hear that. However, you can stay here as long as your asylum case is pending. As for the H1b denial, it should not affect the asylum case (other than to mean that if you lose you go to court instead of receiving a NOID). Also, of course, if something in the H1b case is inconsistent with the asylum case, that might need to be explained. Take care, Jason
Good Morning Jason,
I received email from San-Francisco Asylum office as below,
You do not have to resubmit the documents. Our office receive and open mail daily, your documents will be placed in your file.
Thanks,
VJ
@Vj can you tell me when did you apply for the asylum which year? Just want to guess the wait time for interview as my case is also pending in SFO and I live in Washington. Thank you!
Hi CELINE,
I have applied in September 2018 and October 18 2018 did the bio metric and December 13 2018 done with my interview.
Let me know if you need any other than this
You can see the below link,
https://www.asylumist.com/2018/02/21/your-affirmative-asylum-case-was-denied-now-what-part-1/comment-page-2/#comment-103640.
Thanks,
VJ
Thank you for sharing the information. It is indeed very helpful. It looks hopeful to see that at least some of us are making progress. You mentioned in your previous post that you are on h1 visa as well. Did you get it while you were in your home country or did you apply for that after you came here in U.S. I know its a public forum so only if you are comfortable sharing this info. Thank you again!
CELINE I applied H1B in my home country,but unfortunately yesterday my H1 extension got rejected.
Hi Jason,
I was reading on Avvo regarding the asylum clock. The attorneys there are advising that asylum seekers wait 180 before filing their EAD application because that guarantees getting the card sooner, in 30 days. They say filing at 150 days means you wait for about 90 days to get approval.
What are your thoughts on this?
I have no idea. It seems to me that trying to second guess the inner workings of USCIS is a good way to go mad, but maybe that worked for them. We usually file for the EAD at 150 days or a bit longer, but I do not recall how long it takes to get the card, so that doesn’t really help you, sorry. Take care, Jason
Applied EAD renewal
Applied: JUL 27,2018 ( 150 days before expires)
NOV 23, Sent a letter to POTOMAC office to reminding EAD to expire on DEC 07
DEC 01, Card issued
This is very sad. Others here raise good points on the problems with subjective probability, but some threshold has to be implemented. Unless we find a way to become perfect predictors, people will be deported whose fears are real, and people will be allowed to stay whose fears are overstated. This is true no matter what threshold is used, and is an issue in all fraud detection areas.
Panels could be good. Throw out the high and the low and pick the one in the middle. Wisdom of crowds (of judges).
That is an interesting idea and some professors proposed at least taking judges whose grant rates are “too” high or low and pairing them with judges whose grant rate is more “normal” to try to get better consistency of rulings. Also, I think it is an interesting question about where to set the various thresholds, but the most pressing issue, for me at least, is the one year bar. If people are blocked from protection merely because they did not know about the filing deadline, that is very tragic and senseless. Maybe one day, we will see a change with that, but I guess it will not be in the near future. Take care, Jason
I loved the part you said “If you tell me that my airplane has a 9% of crashing, there’s no way in hell I’m getting on board. I’ll take the bus, thank you very much.”
Myself if anybody tells me there even 1% of chance that my plane gonna crash while I am aboard,there no way I can take that plane.
Reason why the lawmaker,the administration should put themselves in the place of asylum seekers.
I would not take a plane with a 0.01% chance of crashing. I don’t really like planes. On the other hand, I like buses, even if they periodically crash. Also, I agree that decision makers should put themselves in the place of the applicant. Many of them do, but their duty also requires them to enforce the law, which can be quite difficult and depressing. My feeling is that if we do not like the law, we – the American public – should try to change it. Take care, Jason
How are these numbers determined? I mean 10%, 50% chance of persecution.
The Supreme Court created the 1-i-10 chance of harm, but it is not quite that clean. The case is called INS v. Cardoza Fonseca. The 50% chance is from the statute (the INA) and the CAT (a treaty), which says that to receive Withholding or CAT, the applicant must show that persecution is more likely than not. Take care, Jason
Please house, when USCIS cancelled interview when is it likely for another date to be schedule?
Cancelled cases should be the first to be rescheduled, so the new interview should be a couple weeks later. If not, contact the asylum office and ask about the interview. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Jason, I feel like in this case, the applicant never qualified for asylum or withholding of removal- at least this is what I am hoping. Not everyone who is fleeing gang-related violence will qualify for asylum or fit perfectly in the PSG. If that were the case, anyone from countries that have high crime rates could apply for asylum and be granted asylum.
I would, however, be very disappointed if Mr. Chirino demonstrated that he was persecuted or likely will be persecuted, he was in a particular social group, and the judge still ordered him deported because he never overcame the 1-year bar! The judge has the latitude to pardon the late application, especially if the applicant has demonstrated that/she was persecuted or have a well-founded fear of persecution and have met all the other legal requirements. That is the reason for “CAT” relief/withholding of removal.
As to the odds of an applicant being persecuted, this is the craziest thing to ever be decided by a group of intelligent people (judges in this case). How do judges and asylum officers realistically determine what the odds are that someone will be persecuted if they are to be deported to their country of origin? Do they actually sit down and work out those probabilities? Or do they make an educated guess? Could their educated guesses be wrong, as such?
If the judge decides to grant asylum/CAT despite the untimely filed application, the government’s attorney(s) may opt to appeal the judge’s decision. The case will then go to the BIA for review (If I am not mistaken). Sometimes the judge and the attorneys come to an agreement.
I know many people who filed for asylum affirmatively- 2, 5, 10, 6… years after living in the US- and won asylum even though their honest and simple explanation for the late filling was that they were unaware that they could qualify for asylum.
A witness could potentially be a PSG. The PSG might also be formulated in other ways, depending on the case. A judge has to determine whether the applicant overcomes the one-year bar. That is a legal analysis, and in Mr. Chirino’s case, the judge found that he did not meet an exception to the rule (I had this happen once with Judge Snow, where he granted WOR due to the one-year bar; we appealed and the person ended up with asylum). As for the probabilities, it doesn’t really work that way – it is much less precise (there is no 9% chance of persecution). Some judges err on the side of caution; others are tougher. Unfortunately, this amount of variability makes the whole process somewhat arbitrary. Finally, I have not seen people overcome the one year bar by claiming ignorance of the law, but if there is a sympathetic decision-maker, maybe that person finds an exception to help the applicant. Take care, Jason
Dear Jason,
I did apply for my EAD renewal and didn’t get my receipt yet. My EAD is going to expired on the 31 December. If I don’t get it before 31 I still can work or not. Because, I heard something through your blog that if have social security then employer can ask you about EAD. I am not sure though. Could you please explain me. And usually how day’s it takes to send the receipt?
Thank you again
David
If the EAD is based on pending asylum (category c8), I think you cannot legally work without the EAD or the automatic extension. However, if you do work illegally, it has no effect on eligibility for asylum (though it could affect eligibility for other types of immigration benefits). Take care, Jason
Sad, especially since witness killings cause other people to fear testifying against criminals (who end up walking free in many cases). It’s a vicious cycle.
Jason if asylum is granted will USCIS always mail new EAD cards under category A5 to the applicant? Even if the applicant received an EAD under category c8 just a month before the grant?
That was the practice – to get a new “a5” EAD after a grant, even if you have a new “c8” card. I think that is still the practice, though we have seen months-long delay for people to receive the a5 card. In any case, if you win asylum, you can work even without an EAD. Take care, Jason
Thank you Jason, I was worried because a month has passed with no sign of an a5 card, but it seems this is normal nowadays.