The indefatigable folks at TRAC Immigration have issued a new report about our nation’s Immigration Courts, and the news is not encouraging: Overall asylum denial rates are the highest we’ve seen in almost two decades. As always with asylum numbers, things are not quite so simple, so let’s take a look at what’s going on.
Fiscal Year 2018 (which ended on September 30, 2018) was noteworthy for several reasons. First, the asylum denial rate reached 65%. This caps a six year trend of increasing denial rates and represents the highest rate of denial in 20 years (between 1986 and 1999, denial rates ranged from 68% to 89%). In some ways, the news from FY2018 is worse than the average denial rate indicates. If you look at TRAC’s month-to-month chart, you can see that denial rates spiked between June 2018 and the end of the fiscal year. Thus, in the last few months of the fiscal year, denial rates were pushing 70%.
A second way that FY2018 stands out is that Immigration Courts adjudicated more asylum cases than any prior year: 42,224. This figure represents significantly more decisions than FY2017 (30,253) or FY2016 (22,318). Indeed, this is the most asylum cases decided in any one year since at least 1986 (I could not find data older than that).
Despite the higher denial rates, there is a silver lining to the news from FY2018: In absolute terms, more asylum cases were granted in that year (14,200) than in any previous year (in FY2017, courts granted 11,591 cases, and in FY2016, they granted 9,714 cases). Of course, the only reason so many cases were granted is because courts are adjudicating record numbers of cases overall. But these days, we takes our good news where we gets it.
These figures raise an obvious question: Why are denial rates so high?
One factor that is (probably) not to blame is the availability of help from lawyers. For the first time since FY2013, representation rates are going up. When people are represented, they are statistically more likely to win their cases. For example, in FY2016, asylum seekers without lawyers were denied 90% of the time; those with lawyers were denied only 48% of the time. While I think this disparity exaggerates the benefit of lawyers (because people with weak cases are often less likely to have representation), it is still pretty clear that having an attorney increases the likelihood of a successful outcome. Given that more people are represented these days, the increased asylum denial rate is likely not caused by an absence of legal council.
A second reason that I suspect is not to blame are the new Immigration Judges hired since the Trump Administration came into office. Since January 2017, the Executive Office for Immigration Review has significantly expanded the number of IJs nationwide. Most likely, this accounts for the increased number of decisions, but we don’t yet have data on the “Trump” judges’ denial rates. My guess is that the statistics for these new IJs will not differ very much from their more senior colleagues. I could be wrong here, but at least in my experience, the new judges do not seem any tougher than the judges that we have been dealing with for years. Perhaps as they gather more data, TRAC will issue a report about this (and maybe I will be proved wrong – I will be curious to know the answer).
One likely candidate for the increased denial rate is the case Matter of A-B-, 27 I&N Dec. 316 (AG 2018), which was issued by then-Attorney General Jeff Sessions this past June. The decision made asylum more difficult for people fearing harm from non-state actors, in general, and for victims of domestic violence, in particular. After Matter of A-B- was issued, there was a corresponding uptick in asylum denial rates. Even before Matter of A-B-, however, asylum denial rates had increased since the end of the Obama Administration (and indeed, they have been increasing since 2012). This increase might reflect less significant developments in immigration case law, as well as the cultural shift that I imagine accompanies any new Administration (and especially an Administration so openly hostile to non-Americans).
When considering asylum denial rates, one important point about A-B- is that the case is limited in scope. Certain aliens–especially people fleeing domestic and gang violence in Central America and Mexico–will be disproportionately affected, but others will not be affected. Given that a large percentage of asylum cases involve Central Americans and Mexicans, a case like A-B- has a visible impact on overall denial rates, even though the impact of the decision is limited to certain types of cases. This means that while changes in the law have affected the denial rate, that effect is an “average,” and how a particular case is impacted depends on the facts of that case.
Another contributing factor to the higher denial rate may be that more long-term residents are coming into Immigration Court. This happens because the government is aggressively pursuing aliens without lawful status. It also happens because the Asylum Offices are identifying people who have been in the U.S. for more than 10 years, and trying to refer them to court.
Aliens who have been present in the United States for more than one year are often ineligible for asylum due to the one-year filing bar. There are exceptions to this rule, but it is generally more difficult for such people to win their asylum cases. Many people in this position file asylum as a last-ditch effort to remain in the United States. My guess is that as these long-term residents start to receive decisions, many will be denied, and this will contribute to the overall increased denial rate.
We’ll have to see whether the current trend continues. These days, government officials are looking for ways to make asylum more difficult, but they are limited by the law, and so it’s not clear how much higher the denial rate can go. When thinking about denial rates, it is important to remember that certain cases–Matter of A-B- cases, one-year bar cases–are probably driving the increase in denial rates. Other cases are less affected. Either way, the environment these days is not easy for any asylum seeker, and so it is more important than ever to gather evidence and present the strongest case possible.
Hi guys,
What documents are required for EAD renewal?
Do I need to include 2 passport size photos?
I am getting ready to go and mail the form, so a quick response will be appreciated.
Thanks.
Hi Tina,
Please read the instructions on the form. Yes, you need to send two passport size photos with your A number written behind the picture.
Thanks! Just found the instructions.
We include the photos (mostly because we have always done it that way), but you may not need to – check the I-765 instructions to be sure. Also, remember that if you were ever arrested (even a political arrest), you probably need to provide an explanation if the EAD is based on a pending asylum case. Take care, Jason
Hi Jason,
HAPPY 2019 !!!!!
Hope you are doing well,
I applied for asylum in August in Arlington office No interview yet and I am completing 150 days tomorrow can I apply for EAD now.
I have a couple of questions
1) What’s the processing time to get the EAD in Arlington
2) Is Arlington office following the LIFO… when can I expect the interview
Regards
Najeeb
1 – You can apply for the EAD after 150 days. Wait times are maybe 1 to 3 months. 2 – It is following LIFO, and my guess is that your case is now in the backlog. If so, you will probably be waiting for a long time. If you have a reason, you can try to expedite. I wrote about that on March 30, 2017. Take care, Jason
Hi Jason and all asylumists,
I have been waiting for my interview since 2016. Recently, I found out during a prenatal visit that I have hepatitis B. My entire world is collapsed.
1) Do you think my health situation( hepatitis b) is a valid reason to request the expedition of my case?
2) Do you think the same health situation can affect negatively my case( because it is an infectious disease)?
I will appreciate your answer.
So sorry about that. I pray and hope you feel better soon.
Regards.
Thank you Tina
1 – You can contact the asylum office and tell them about the health issue, and ask for an expedited decision. Whether that will work, I do not know, but it shouldn’t hurt. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). 2 – I think it would not affect asylum. Health issues used to affect an application for a green card, and this one might (I am not sure), but that would not be at this stage of the process. Take care, Jason
Thank you for your prompt reply. I’m actually not waiting for a decision but for an interview. So my first question was if I can ask my the expedition of my interview based on my health issue
You can ask to expedite based on a health issue. It may or may not work, but you can try – that is the article I wrote on March 30, 2017. Take care, Jason
Hi Jason,
My EAD expires in may I applied for renew in December but I think I forgot to sign my check. Will I be notified about that or can i re-send the while application again?
I interviewe in Boston in mid September,have’t heard anything yet. I keep checking with my ZSF receipt number everyweek in uscis check statys.But I guess the decision has not been made. I’m so frustrated and tired don’t know what to do.
Either they will reject the application or they will ask you to send a new one. Sometimes, decisions can be delayed. The decision will not appear directly online, so you might want to contact the asylum office directly. 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,
Will I get a notification for EAD if I forgot to sign the check? Will they mail me about it?
Usually, if you do not include the fee, the return the whole application to you and you have to send it again. They could also send you a request for evidence, but I have not seen that when payment is missing. Take care, Jason
I requested for FOIA form and I noticed my home number ( physical address ) is wrong, just the “Number” . I filled in summer of 2017 , it’s been a long time , should I call them to explain this disaster or just do it online ?
Will there be punishment ? The Entire address is correct but one single Number in home address differ 🙁
No punishment, but you might miss some mail if it goes to the wrong address. Take care, Jason
Mail the correct home address but since my physical address has been wrong for over the year just the home number though . Still no punishment ?
There is no punishment, but make sure to inform the asylum office about the error and keep your mailing address updated. Take care, Jason
You can change your address using form AR-11, available at http://www.uscis.gov. If you think you might have missed some mail, you can call to ask about that. Take care, Jason
Mail is correct address ( same ). But address of where I live ( physical ) had the wrong home number , the rest was correct .
If the mailing address is ok, then you should be safe. You may want to email the asylum office to tell them about the error – I doubt they will respond, but at least you will have that for your record. Also, when you have the interview, you will need to correct the error. Take care, Jason
Hi Jason,
I would highly appreciate if you could name the federal regulation which waives off J-1 visa 2 years home residency requirement through a grant of asylum. I have searched multiple times but I was not able to find it.
thanks and wishing you a happy new year.
I think it is 8 CFR 209.2(b), which is adjustment of status for people with asylum. Take care, Jason
Hi Jason & fellow Asylumists! It’s been a long time since I’ve posted on here (all well just studying studying studying), but I want to say happy holidays to you all, and send my best wishes for an awesome 2019.
Hope the New Year brings case approvals, families reuniting, and people getting on with their normal lives again 🙂
Nice to hear from you, and Happy 2019! Take care, Jason
Thank you, Jason 🙂
Hi Jason,
As I prepare my adjustment of status after one year with asylum, I want to get an FBI rap sheet (I know I don’t have a criminal record but I still want to include it). How far in advance do you think I should request it? Considering how long it may take them to get it. Thank you!
You do not need it, but if you want to see your record, you can request it. I have not done that for anyone in awhile, but I think it only takes a few weeks. The FBI website provides info about getting your record, and it may also tell you the time frame. Take care, Jason
Thank you very much, Jason! I hope you have a wonderful 2019!
Hey Jason, does this mean it’s harder to get green card through marriage after canceling asylum application? Also Jason can I use my EAD as an ID at the airport while travel long domestically? Can I use my EAD to get a state ID?
I don’t think it is more difficult to get a GC based on marriage, at least not anything that I have noticed. As for the EAD, I think you can use it for an ID, but you might want to check with the airline to be sure. I would also bring evidence of the pending asylum case (receipt). Take care, Jason
Compliments of the season Jason,
Please Jason, is it true that judges no longer terminate a case in immigration court for one to seek another relief even if you’ve an approved i130?
Please Jason kindly let me know because my heart skips and please do you’ve an idea of the time rate it takes to get a GC after one gets an approved i130, my final hearing is Jan 2020.
Pls advise me. Thanks
That is not true. However, a judge may refuse to put a case on hold while you are waiting for the I-130 to be approved. We did have an issue with DHS recently – they refused to terminate until my client paid the I-485 fee. This led to him having to pay twice (since the procedure for paying is different for people in court vs. with USCIS). I suspect this would happen when we paid, but DHS refused to terminate if we did not pay. Next time, I will argue the point harder, as it was a waste of money. Take care, Jason
Hi Everyone!
A big shout out to Jason for all that he does. And even on Christmas he is replying to questions asked on the blog. He is one beautiful human being. I thought I’d share my timeline with you to encourage those who are finding themselves hopeless during what seems to be an endless wait.
1- Applied for asylum March 2015
2- Interviewed August 2016 (after requesting for an expedited interview at Arlington AO)
3- Approval mailed in February 2017 (6 months after interview)
4- Applied for Green Card April 2018.
5- Green Card application approved December 2018.
I have been through what most of you are experiencing. Since Jason was my attorney, I listened to his advice when he said that I should put more focus on my life and less on the wait. Go to school if you can, find a job that you love; volunteer at a community service; find a special interest group in your area. The wait is very hard, I have not seen my family in over 4 years. But you can’t do much about the wait. But you can do a lot about how you want to spend your time. You can either focus on your situation and feel helplessness, or, work to develop yourself while waiting. This is USA, by far the best place to live. Think about those who are not here and are dying to get here. You are here. Be truthful in your demeanor. Good things will happen.
I wish your dreams will come true. Be strong.
Congratulations. What date is written on GC? I mean on which date card was approved one year before!
Thank you! And yes it was dated back to Dec 17
Thank you. As much as I admire Carl Sagan, I don’t remember representing him – Happy New Year, Jason
Does anyone know where is Chicago office now?
I applied in may 2016 still waiting for interview.
I know its hard to tell when should i have interview,just want to see anyone from Chicago ,who applied in 2016 got interview????
If you Jason have any information from your client i know office using LIFO,but if you had your client who was im backlog and got interview.?
Thank you very much.
As far as I remember, I have only had LIFO cases interviewed there lately, but I do not do a lot of cases there, so I am not the best person to ask. Maybe a reader knows better than me. Take care, Jason
Applied on Dec 2015 on Chicago office
Request short list on April 2018 and approved
And stll no interview
The short list can be a very long wait. Not every office has a short list, and some offices had short lists and eliminated them. You can email the Chicago office and ask if the list is still active. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Sorry i sidnt adk for short list I requested a expedited and it’s approved
But stll waiting
I sent them email
They replay : they cant answer me by email
They ask me to send a fax or mail
Will so it on First day of new year
Sometimes, an asylum office expedites the case, but it takes months to get the interview. On one of our cases, it took about 6 months. In another it only took a few months. I think it is largely a matter of luck. Take care, Jason
Hi, Jason!
I filled my asylum case in November 2017 (Houston office), and as I understand from statistic, I will not see any motion next several years, because backlog is growing and growing. The problem is – I have a business outside of the US, and sometimes I really have to visit it. Is it possible to do, or I have to forget about it and only way for me to sell it?
You can try to get Advance Parole. I wrote about that on September 11, 2017, but since I wrote that, it has become more difficult to get it. If you can get it, you can travel outside the US and return while your asylum case is pending. Take care, Jason
Hello Jason
I am in-status F1 student with my visa expiring in March 2019. I went for an interview, later got a NOID, filed a response and now silence… It’s been more than a month of this delay. Do you have any ideas as to why their response is being delayed? I wanna know if they reject me or not. I also heard that it is possible to re-apply for asylum under new circumstances if I got denied? Thank you for your hard work and have a blessed Christmas, Sir.
Hi Graham,
I am also F1 student and have taken interview but have not received decision yet. If you do not mind, can you tell me how long after the interview you received NOID?
Your response will be highly appreciated. Have a good day
Hello Steve,
NOID arrived in 2 weeks after I got interviewed. Then as you know 16 days to complete the response. I mailed the response and it’s been 1.5 months since they got it, but no response so far.
Thank you, Graham, for your response. I wish you a very goodluck with your case and a blessed life ahead.
Have a wonderful day
It can sometimes take months. You can contact them and ask, but I would wait until after the new year. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). If the case is denied, it is possible they will invalidate your F visa and send you to court, but that is unclear (there is a memo about this from September 2018, but it is not so clear). If the case is denied and you continue as an F-1 student, you can re-apply, but the procedure is different. Check the I-589 instructions and/or contact the asylum office. Take care, Jason
Hello Jason,
Happy holidays. I filed my asylum application since September 2018 and it was received as of 09/26/2018 and I had my biometrics done in October and ever since I have been waiting for my interview notice (from Arlington office). Under the current LIFO system, I was expecting my interview notice since October or November but it has been 90 days I filed but no interview notice yet. Please am I the only one experiencing this?
Any idea the cause of this delay?
You are not the only one – Arlington receives more cases than they can interview. I do not know the statistics, but my guess is that they are interviewing less than half of the LIFO cases they received. Given that it has been 90 days, my guess is that your case is now in the backlog and you will probably not have an interview in the near future. If you have a reason, you can try to expedite. I wrote about that on March 30, 2017. Take care, Jason
We are in the same boat. We applied in August. we only did biometrics in September and then silence.
This is very informative article. You have mentioned various possible reasons for a higher asylum denial rates. You failed to mentioned that one possible reason for a higher denial rate might be that with an increase in the number of applications , there might be many more applicants who are running out of all other options and using the asylum system as a last resort to prolong their stay in this country.
Many of the people coming into court have been in the US for a long time, and they seek asylum as a last-ditch effort to stay. These residents have difficulty because of the one-year bar, among other difficulties. So I agree with this as a reason too. Take care, Jason
Jason, isn’t that what you are saying in the third-to-last and second-to-last paragraphs- the same thing that LO is saying you failed to mention? Am I missing something?
That is basically what I said, but it’s Christmas, so I gave it a pass. Take care, Jason
🙂
Hi Jason.
Thanks for our efforts.
Do you know if asking for help from the ombudsman or NY senator regarding my case will help me to get an interview immediately or I should not even plan it? I filed my I-589 in August 2016, local asylum office Bethpage, NY.
Merry Christmas!
Of course it will depends on your specific case and situation and who wrote the letter, i.e. staffer VS the senator.
But in general, due to fairness to other asylum applicants, no exception will be made here beyond what is available to the public, such as an expedited interview request made in writing to the office director, or a short-list request.
If your case is special, with significant national interests or congressional influence, that will be different.
I doubt that would help. You can try to expedite the case. I wrote about that on March 30, 2017. Take care, Jason
I had an interview last week and the interview was so hard and took over 3 hours, on the last 5 min she asked me some general question about my family and one question about my husband and if he came to visit us and stay with me over a month and I said no, but he came last year and stayed in USA 2 months and 15 days and I forgot that because he wasn’t with us, he stayed 15 days with us and after that he traveled to another city and he stayed there 45 days because he export cars to our main country and he back to us and stayed 11 days with us, I have the airline tickets, do you think I sent mail to the asylum office with this information or not, I am afraid she think I am not tell her the truth. please advise me I am so afraid.
I think you should send them an explanation. You can email it or drop it in person (or mail it, but that may not be the best way to communicate with them). You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Make sure to include your Alien number and the date of the interview. If you know the interviewing officer’s name or officer number, include that too. Take care, Jason
You wouldn’t believe it. I won asylum earlier this year in immigration court. My judge had a denial rate of 98-99% for the FY2018. I’m guessing he adjudicated fewer than 100 asylum merit cases this year, so I must be the only one he let through. Damn.
You must be lucky😊
Hey Jason! I hope you’re doing great ! I’ve my asylum been pending for the last three and a half years (No other legal status). Now I wanna marry a girl but she only has a green card and has not gotten her citizenship yet. Can she sponsor me for a green card after marriage, given that she only holds a green card?
You wouldn’t believe it. I won asylum earlier this year in immigration court. My judge had a denial rate of 98-99% for the FY2018. I’m guessing he adjudicated fewer than 100 asylum merit cases this year, so I must be the only one he let through. Damn.
Congratulations! Welcome to the USA! Jason
She can, but most likely, you would need to leave the US to get the GC. It is a lot easier to wait for her to become a US citizen. I wrote about this on August 28, 2018 and August 8, 2018. Take care, Jason
When you say it is a lot easier to wait for her to become a US Citizen, you mean it will be easier to get the green card and I would not have to leave the country?
Yes – though there are exceptions to the rule, so you should talk to a lawyer to be sure, but in general, it is easier if the spouse is a US citizen rather than a GRC holder. Take care, Jason
Thank you sir ! I appreciate that!
Hi Jason,
Do people who file after one year have a chance to get interviewed at the Asylum office or will they be sent directly to court? Thanks for your answer.
You have to show an exception to the one year rule – we just won asylum last Friday for a woman who has been in the US since 1986, so it is possible to win (in her case, there were changed and extraordinary circumstances). I wrote about this issue on January 28, 2018. Take care, Jason
Good morning Jason, Got a letter from the Chicago asylum office that my case was referred to court. The reason was I filed after the one year deadline. What do I do at this point? My first appearance is January 24. How can I convince the judge? Please help me.
I wrote about that one year deadline on January 18m 2018 – maybe that would help. But I do think you should talk to a lawyer about the specifics of the case, and hopefully, the lawyer can assist with this issue. Take care, Jason
Thank you Jason for all your help, your blog has been so helpful.
I have a pending I-589 and Advance parole base on pending i-485 (family Base). my questions are:
how can I cancel my asylum case if i need to?
can I travel back to my home country with my AP without any issue ?
If you cancel the asylum case, the AP – which is dependent on a pending asylum case – will become invalid. But if you want to cancel, contact the asylum office and tell them. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). As for traveling back to your country, if you do that, it is bad for your asylum case and might cause issues if you try to return to the US (the airport officers could detain you if you went to your home country, though that should be unlikely). Remember, AP is not a passport; it is more like a US visa, which allows you to return to the US as long as you have a pending case. Take care, Jason
Jason, unless the applicant can demonstrate changed circumstances, or he or she had to do something important in his or her country, the applicant can risk leading immigration officers (USCIS officers and CBP officers) to believe that the asylum application was frivolously submitted- especially in this current political climate. Cancelling the asylum application because of a family petition, or acquiring a green card, does not remove the fact that you applied for asylum because you claimed that you fear persecution if you return to your country of origin.
I agree – if you applied for asylum, you are stuck with that forever, or at least until you are a US citizen. Any trip to the home country could result in an accusation of asylum fraud, though as you point out, this would depend on the circumstances of the trip and the basis of the asylum claim. Take care, Jason
Hi Jason, thank you for your help & for everything you do for us here. My husband filed for asylum & we did interview. We ‘ve been waiting for decision & we called out asylum office for update. They told us that a decision has been made. My question is if a decision is made, does it mean that both the asylum officer & the supervisor has agreed on a decision or is it only the asylum officer that has decided & still waiting for supervisor? Will it be said that a final decision has been made that made them tell us? Pls help. Thank you
You can’t really rely on the statements they make, as you never know what they mean. If a decision is made, they should send it to you. If you don’t receive something soon (and remember, it is the holidays, so things are slow), contact them again. Good luck, Jason
Jason,
I had an interview a week ago and they gave me ‘Decision Regarding Your Application – Pick-Up Notice’ with the date (two weeks in the future). They told me to come back on that date to get the decision at Asylum office in Arlington. When the Government shut down takes affect.
1. Will the Arlington Asylum Office close?
2. Will this delay the decision on my case?
I am out of state to meet my family for Christmas.
What should I do? Please help.
Thanks,
Ron
If you don’t mind can you please share your timeline. Thanks
1 – USCIS, including the asylum office, is funded by customer fees, so it should remain open. 2 – I think no, but in my experience, more than 50% of decision are changed to mail outs, and that might be a possibility, especially since we are in the holiday season, and many government workers are out of the office. If you do not hear from them, you should go to the office as scheduled and hopefully get a good decision. Take care, Jason
Hi Jason
It is an approved i-797 letter for I-730 application from USCIS for my wife and daughter. What are the next steps please? How the embassy in my country contact my family? I am from Ethiopia dear.
Thank you
How long have you waited to reciece approval for I-730? Thank you.
Hi Jason
Firstly appropriated for ur help and I have a question.
Today I got an approved i-797 letter for I-730 application from USCIS for my wife and daughter. What are the next steps please? Should I have to contact to national visa center or … I don’t have any idea about this. How the embassy in my country contact my family? I am from Ethiopia dear.
Thank you
Hey Tesfa,
You are such a self-centered person! You just think about your own question without bothering to read someone else’s question. People in this blog are extremely suffered from irrational delays and unbelievable waiting. Your answer to someone else question at least give a little bit hope. I hope your wife and your son will safely be in the US. Accept this message as a life lesson for correcting your self-centered personality. Otherwise no one would want to talk to you.
Jane
Why are you taking out your frustration on this man? Why attack him?
What if he did not notice your question? Why call him self centered?
I bet he did not cause your wait. Please park on your lane, and leave the man alone.
We expect to lift each other up here,answer questions if we can, but no one is obligated to answer anyone’s question(s).
The fact that Jason answers almost all questions does not warrant entitlement mentality,here.
Good luck and let go of the anger.
Dear Jane
What is ur intention to write this rough thing? I think u have not right to say this. I can say only cool down.
I personally thank u Tina. U put it correctly.
Actually it is because I did not see ur previous texts.
To answer I applied before 7 months at the Texas center.
Good luck to you Tesfa.
I applied for i730 for my family 3 months ago, still waiting for their reply.
Missing my family a lot, hope I get to this point one day.
God bless!
The letter should tell you the next step, but I think you should receive an email from the NVC with instructions. This website might help (if you scroll down to the middle): https://travel.state.gov/content/travel/en/us-visas/immigrate/follow-to-join-refugees-and-asylees.html
Take care, Jason
HI
What’s the position of Newark office?I applied in august 2016?how long I have to wait?
Is it possible to apply for a student visa in Canada and go there??
They are doing new cases first under LIFO, so my guess is that you still have some time to wait. The good news is that Newark is moving along pretty quickly, at least at the moment, so maybe they will make progress on backlog cases. Take care, Jason
Jason my father is scheduled for an interview soon and will need an interpreter (Syrian case). I was wondering whether I can write a long (but organized) cover letter for him that presents his case. I can sign it and submit it with his documents. Do you think they would accept that?
I’ll be going with him to the interview though I know they won’t let me in, just to see if they have clarifications on the cover letter.
They will probably accept it, but I do not know how much attention they will give to it (it seems to me that they usually don’t read briefs by lawyers, either, so don’t feel bad). You can go with him, but it is best to have a more neutral interpreter, not a close relative. However, you could be a witness for his case and give your own testimony, if that is relevant. You would still not be in the interview with him, but at least you could tell them your part of the story. Take care, Jason
Hi Jason,
I just graduated from college and I got a job offer in another state (Texas) which is under a different jurisdiction of where I live currently ( Under Chicago). I have already done my asylum interview but haven’t had a decision for over 1 year. If I take this Job, does it mean that my asylum decision would be made by the Texas Office? Based on your experience, Is it a good idea to move to a different state with different jurisdiction while your asylum case is still pending or should I try to find a job where I live now? Thank you for all you do.
You have to inform the asylum office if you move (form AR-11, available at http://www.sucks.gov), however, I doubt the case would be moved unless they needed a second interview. Probably the Chicago office will just eventually make a decision. You may want to contact them and inquire 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,
Thank you for your help by proving important information about asylum,
My asylum is pending since 2015 in NY, I need to go California and Washington WA also
so if there any problem to travel(by Air) what types of document I shold have with me.
Is it Ok I with driver licence, Do I have to go immigration process for domestic travel too? Please advice me.
Thank in advance.
Regards
Rajan.
You should be fine with a driver license. I flew numerous times with no problems.
You should be ok to travel domestically. I would also bring proof that the asylum case is pending (receipt and fingerprint notice, and EAD) in case anyone asks. Take care, Jason
Lanre. Hi Jason I applied asylum less than a year had my interview on November 27th. My case was referred to immigration judge based on two reasons
(1) That the harm I suffered were not from government officials
That I have not been able to say why my government can’t protect me
(2) secondly that I have not shown that when I returned home I will suffer persecution
@LANRE COULD YOU SHARE ME IN WHICH LOCATION DID YOU ATTEND THE INTERVIEW.
Jason , It’s in Bethpage New York
Do I have chance before an immigration judge?
You can check the Court’s and the judge’s grant rate if you Google “TRAC Immigration”. When I started my business in 2003/4, I only did court cases that were referred from the asylum office, and most of the time, we were successful, so it is certainly possible. Take care, Jason
When you fear harm from non-state actors, you need to demonstrate that the government cannot protect you and that you cannot safely relocate within your country. Those will be two points to work on for the court case. Take care, Jason
Hi Jason
With the new order by district judge Emmet that blocked Sessions’ ruling regarding gang and domestic violence, does the rule regarding non-state actors still apply ? Where people have to prove why the government wasn’t able to protect and relocaton options ?
Thanks
H
Please Jason how do you know the judge assigned to your case?
Call 800-898-7180 and enter your Alien number (it is a computer system, not a person). Follow the instructions and you will hear your court date and the judge, if one is assigned. Take care, Jason
Thanks Jason,
I have tried this since the day I received the notice letter it a week now .
The response is my case has not been filed with the immigration court ( Why )
I have received the NTA and court date
My case is for April
(1) I will need you to help out or you refer me to a good attorney here in New York
Sorry, I am not able to refer people to attorneys, but you might try http://www.aila.org, as the lawyers there tend to be better than average. Take care, Jason
It has always been a requirement when seeking asylum from non-state actors to show that you cannot internally relocate and that the government of your country cannot protect you. Matter of AB tried to tighten that up, but it did not really change anything. I would certainly address those issues in any asylum case, as they are still requirements. Take care, Jason
Hello Jason,
Pending asylum with 3 interviews over 7 years suffering. I don’t need their approval anymore. Nothing can bring happiness after even thinking to commit a suicide to get rid of this misery. When I read stories of some people who were stuck here in the US for more than 15 years because of an incorrect accusation, I feel completely hopeless and powerless.
My question: is there anyway to travel to see my parents before they pass away and return back while i am on pending asylum under unlawful status? (Original visa expired)?
Facts:
– I want to see my parents.
– I want to return back to support my kids and my family.
– I don’t have the got to file a mandamus. If things go wrong; like: if they ordered us to deport and something bad happens to my kids, then I will not forgive myself. I prefer if they make it easy to me and deny the case themselves without my ask to push the case.
Is there any legal way in the “affirmative” asylum (or affirmative misery – call it as you wish) to win an AP so I can use it to travel and return back?
Things are getting harder in court. Things are getting harder in the asylum office. I understand. This is the US. The best country in the world. The law enforcement people have to do their jobs in keeping the country safe. I am not asking anybody to approve my case. I am asking a simple “human” question. You don’t need me, then deny my case. I am not a US citizen. I am an alien; or maybe creature; they can call me anything. BUT: since I have a soul inside a body, I should have the right to feel, miss relatives, and ask to see them.
Does the US immigration law has any solution to this basic problem?
Thanks for your forum. It is the only place where I feel human since my suffering started.
This is really sad I’m very sorry for what you’re going through. I remember I’ve come across a few of your posts here and I actually know a couple of people in a similar situation.
One thing that used to help me is to think about the positives of not having to be tortured or killed, etc. I’m still better off than having to go through that. I don’t know what else to tell you but that used to help me a lot.
I did a post once about waiting – on January 9, 2018, if that is of interest. Take care, Jason
You can try to get Advance Parole to travel. I wrote about that on September 11, 2017. You should try to meet your parents in a third country. If you cannot, and assuming you get AP, you can go to your home country and return to the US. However, you risk potential problems at the airport and it will be an issue for your asylum case (that you returned to the place where you fear harm). Nevertheless, you can try to explain all this and still win the case. Of course, it is much better to meet them in a third country, which avoids a lot of potential trouble. Also, note that since I wrote that article in 2017, it is more difficult to get AP, so you should get a letter about your parents’ health problems and how those problems are serious, if possible, and that may help with the AP. As for mandamus, you may want to try it – we wrote about that on October 2, 2018. Even if you are denied and sent to court because of incomplete background checks, the advantage of court is that it is not plagued by the same type of long security-background delays that we find in the asylum office (why this is, no one has ever been able to explain to me). Good luck, Jason
Great news!!!
For some reason, I thought if I am in pending status, then I won’t be able to travel under any circumstances. My lawyer said, DON’T think to travel before you get a decision on your case. Fortunately, my parents already lives in third safe country. I have a lot of questions. I will make sure to read all the articles you mentioned during the weekend and will come back with the outstanding points.
Thanks a million. I promise that I will stop complaining if I make it to see my parents. The asylum office can keep checking on my background forever if they let me travel.
You have just made my day. Thanks again. Nothing better than HOPE…
My prayers are with you!
Jason,
Do I read it right?
I’m interested to understand whether the New York or Newark asylum office is better. Also, I’m looking at the statistics from immigration courts.
Based on the Quinquennial Report on Asylum Decision Trends and Factors (https://www.dhs.gov/sites/default/files/publications/USCIS%20-%20Quinquennial%20Report%20on%20Asylum%20Decision%20Trends%20and%20Factors_0.pdf) the New York asylum office has the lowest approval rate on average (figure 2, page 14).
The TRAC immigration tool, at the same time, shows much higher approval rates on the per-judge basis (http://trac.syr.edu/immigration/reports/judgereports/) and overall (http://trac.syr.edu/phptools/immigration/court_backlog/deport_outcome_charge.php).
Does it mean the the New York asylum office is stricter but the New York Immigration court is “better?”
Also, how do you feel on average about the cases from Eastern Europe (think, Russia) and the LGBT cases?
I feel that it is very difficult to use this data to reach any useful conclusion about a particular case. Some things are obvious – don’t do a court case in Atlanta, GA. But in most situation, we do not know what population (from what country) is before the court or asylum office, and for court cases, how many judges are doing detained cases, which have a lower grant rate. In general, maybe the NY asylum office approval rate is lower than average, for example, but we know nothing about its approval rate for LGBT cases. As for the courts, while the NY court is the best overall, there are some judges there with a very low grant rate, so it depends which judge you get (which is a matter of luck). In short, with a few exceptions, I think it is best to live where you want to live and do your case in that court. I wrote something about this (as it related to the asylum offices) on February 25, 2016, if you are interested. Take care, Jason
Hi Jason
What do you think about DC federal Judge Emmet Sullivan’s ruling just yesterday regarding blocking Session’s limitations on asylum (the domestic and gang violence) ? Is this likely going to reduce denials and get things back on track ?
Thanks
H.
It may, but there will be an appeal, and eventually, the Supreme Court may get the case. If that happens, I do not know how it will rule, as it has been more favorable to the Trump agenda than other (less politicized) courts. Take care, Jason
Hello Jason! I have a quick question. Is there any changes on “emergency travel” (i-131) rule, while applicant waiting first interview? Of course, not to home country. I traveled on October 2017 without any problems for 3 weeks to third country to attend my father’s heart surgery. Now, he has another surgery in same hospital and with same unknown result of surgery. I applied December 2016 in New York. Thanks an advance for your respond!
Would you clarify the date of your travel?Did you get out of the US and come back during your asylum processing without any issue?
It is difficult to get AP even under normal circumstances, but it is harder to get it on an emergency basis. Of course, you can try, and some offices seem to be better than others. I think the I-131 instructions (available at http://www.uscis.gov) discuss how to get AP on an emergency basis and I wrote something more generally about AP on September 11, 2017, though since then, the process has gotten more difficult. Take care, Jason
Hi Jason
Firstly appropriated for ur help and I have a question.
Today I got an approved i-797 letter from USCIS for my wife and daughter. What is the next steps please? Should I have to contact to national visa center or … I don’t have any idea about this. How the embassy in my country contact my family? I am from Ethiopia dear.
Thank you
Hi Tesfa,
Are you talking about I-730 approval? If yes, how long have you waited before getting a decision?
No
It is I-730
I am not sure what you mean – is this for an I-730. Is it a receipt or a decision? I would need to know more. Take care, Jason
It is a an approved decision for i730.
Hi Jason . Need your valuable reply to one of my concern please. I am in removal proceedings and attended 1st MCH already for my asylum case. Judge granted 2nd MCH because I asked to file a petition I-130 being as a spouse of of US citizen. It looks like I would be accused of misrepresentation ( Mistake I comitted in Visa Form in US EMBASSY). If this pops up, will this factor affect my Asylum case also If in case Later I want to proceed with my asylum after marriage petition denial ??
You might be able to get a waiver (under INA 212(i) or some other section maybe) for the fraud. But that applies to the I-485 (green card application), not the I-130. As for asylum, there is a case called Matter of Pula that says if a person lies to get a visa in order to escape a dangerous situation, it does not block the person from asylum. Take care, Jason
Hi Jason. Thank you for your valuable comments. Forgive me If I am asking for too much. Just in case If I ever I am asked to apply for waiver being a citizen of USC , what factor I should concentrate for to prove them as extreme hardship ?? Please your valuable reply would be appreciated. Can I add also my asylum factors with waiver application apart from other factors which I would love to hear from you??
Thanks in advance
I don’t know your case, so it is difficult to say, but waivers can include info about family members’ physical or mental health, education, economic issues. Certainly the asylum factors (fear of harm in the home country) are relevant to a waiver case. It is best to have a lawyer help with a case like that, as the waivers can be factually and legally tricky. Take care, Jason
Hello Jason,
I came here for PhD under F1 visa, but I was diagnosed with a very serious medical condition. I have switched my PhD to master in May 2018. I have applied for asylum. Do you think changing degree from PhD to master will have any affect on my asylum case?
thanks
I do not see why that would affect the asylum. You might include evidence in your asylum case about your health problem, as sometimes that is beneficial to asylum cases (especially if you fear imprisonment in a place where the health care is bad). Take care, Jason
Hi Jason. I am a pending asylee, moving from NY to TX. I applied for Asylum in April 2016 and still not interviewed. My Question is that: What will be my waiting position in TX after transfering case from NY? Plz guide in easy steps. Thanks.
There is not really a queue anymore, and so you should keep your filing date, regardless of where you move. In other words, if you move to TX, it will be as if you filed in TX in the first place. I will say that we had one client move to San Fran, and he got an interview quickly after he moved. Why? I do not know, but this may be a possibility, so make sure you are ready to go, just in case you get an interview soon. Take care, Jason
Hi,
Does anyone have any idea which month and year from the backlog is being interviewed at the San Francisco asylum office? Did anyone who filed in 2017 get their interview yet?
Appreciate any info. Thanks!
Hello,
I am a dependent on my spouse’s case since January 2017. New circumstances happened and I have also been blacklisted in my country. My question is can I be eligible to apply as a principle if we consider I am still dependent and there is 1 year rule to apply ? If I am eligible where am I supposed to apply?
You can apply as a principal, but if you are part of your spouse’s case, the procedure is different – you have to check the I-589 instructions, but basically, you will file at the local office. This can be a bureaucratic mess, as the local offices don’t seem to understand their own rules. The good news is that if you were a dependent on your spouse’s case, that is considered an exception to the one year bar, so at least you do not have to worry about that. As an aside, you might consider adding your issues/fear of persecution to the existing case, as it might be easier than filing your own (given the bureaucracy), but you can do it either way. Take care, Jason
Hi, I have come to US ON 2015 on F1 and I have applied asylum visa after completing my masters. Now I have the asylum EAD till 2019 and then I have been told to extend till I get the interview. So my question here is can I apply for H1 and get it ? And if I get rejected what status I will be on and how it will be can you please help me out with my questions, Thanks.
If you fall out of status, meaning you didn’t apply for OPT or maintain F1 status otherwise, the simple answer is you might be able to apply, but you will not be able to adjust your status to H1B in the US.
You will have to leave the US to have a visa stamp. Could be in Canada.
Also whether you will be able to apply, it dependents. with the new rule it is likely that you will have to be selected in the lottery before you are allowed to apply. Even if the rule is not implemented for FY2019, you will have to win the lottery before USCIS will process your H1B.
If you fall out of status, you have no lawful status. Asylum pending is not a status. But you do have lawful presence as asylum pending is considered an authorized stay by the attorney general.
I agree, but there may be an exception to the rule, and so it is worthwhile to talk to a lawyer. Also, I wrote about this issue on August 28, 2018 and September 6, 2018. Take care, Jason
If you are still a valid F1 student, you should be able to change status to H1b. If your only status is asylum pending (in other words, you lost your student status), then you probably need to leave the US and get the H1b overseas. That may be possible, but you would want to talk to a lawyer about the specifics of the case before you tried it. Take care, Jason
Hello Jason,
Thanks for all your efforts on enlightenment and the moral support. It is highly appreciated. I have two questions I. Can the spouse and dependant of principal asylum seeker visit the home country after being granted without any consequences. 2. What is the effect of the new judgment in favor of the domestic and gang asylum seekers in relation to the asylum case.
Regards.
1 – They can visit, but the risk is not zero. It would depend on the facts of the case (for instance, did the principal applicant state that her whole family is in danger?) and on the government officers who the dependent encounters (at the border and when applying for a GC or citizenship). Many people do it without a problem, but I think there is some risk. 2 – I am not sure, but certainly, the decision will be appealed, and so people will have to continue to account for the provisions of Matter of AB. This means formulating a particular social group that works (often not easy to do) and dealing with issues related to internal relocation and state protection. If AB is ultimately struck down, we return to the old regime, which was not easier, but was somewhat easier for victims of domestic violence, gangs, etc. Take care, Jason
Jason, see article below on Trump’s asylum ban. It also makes reference to Sessions’ ruling.
https://www.yahoo.com/news/judge-blocks-restrictions-apply-asylum-175156912–politics.html
Seems to me that the court ruling won’t help those Central Americans once they are in immigration court and list “fear of gangs” as the reason for seeking asylum. Sec. Sessions Matter of A B decision did not “block” the filing of such claims- it merely stated that “in general”, private third party actions do not qualify for asylum.
All it did, and I believe even Jason said the same thing when Matter A B first came out, was to state the CURRENT law- that private party action, by itself, is not sufficient for an asylum grant. A person CAN get an asylum grant when private parties are involved, SO LONG as the applicant files within a year (or proves an exception), is part of a “particular social group” (PSG)(one that is NOT defined by the alleged persecution), internal relocation is not possible, and the government can’t or is unwilling to control the private party action.
Although not mentioned by Jason, I personally believe that one reason the “average” asylum denial rate has gone up is because “fear of gangs” or “fear of cartels” asylum claims (commonly filed by Mexican and Central Americans) have such an extremely high rejection rate ( because it involves private party action along with a usual failure to state a viable PSG) that it pulls up the average rate.
In any case, it seems that failed asylum cases are going from the immigration courts to a Circuit Court of Appeals final decision within 3-4 years. That doesn’t sound fast, but its blazing fast compared to the previous cases that took the better part of a decade to come to a final decision.
This will likely be appealed, but basically the judge found that Sessions decision in Matter of AB overstepped his (Sessions’) authority. Many of the Trump Administration’s anti-immigrant efforts have been blocked by District Courts and Appeals Courts. The Supreme Court has been more amenable to the Trump agenda, so we will see what happens. It is good news, though. Take care, Jason
Hi Jason,
Can you give us your opinion on how the US withdrawal from Syria would affect asylum decisions for Syrian/stateless applicants, we heard that the US courts and asylum offices will not consider Syria a war zone anymore and will be denying more Syrians.
My guess is that there are two cases
– applicants who are fleeing a war zone without problems with the regime (they can now return)
– applicants who wanted by the regime and the fact that the regime “won” will make it even harder for them to return.
And lastly, would this be different between court and asylum offices
Thank you
I doubt that it will affect asylum cases. At least in my experience, the asylum offices are reluctant to grant Syrian cases. They do grant some, but they often strongly resist. Why this should be, I do not know. Even though we have now apparently “won” in Syria, I do not think it will make things more difficult for asylum seekers, as the asylum officers make their own determination about the merits of each case, including evaluating country conditions (and remember, you can submit relevant country condition info to support your claim). I think the courts are probably a little better with Syrian cases, but I have not had a Syrian case in court in some time. Take care, Jason
Some of the judges appointed in June of 2017 have their denial rates available. Doesn’t seem like they are different at all from their colleagues (in the same court).
http://trac.syr.edu/immigration/reports/judge2018/denialrates.html
Thank you for posting that. Take care, Jason
Hello Jason,
I enjoy reading your articles for the superior insight into the immigration laws and recent status changes. Thank you for taking so much time from your day to post helpful articles and answers. My question is this: Since the USCIS initiated FILO in January 2018, and flipped the priorities for interviewing candidates, could you give me an educated guess as to when my wife will be scheduled for her first interview? She filed in May of 2016, which means that she is automatically third on the priority list (bummer), but I have a feeling the scheduling could come any month now. What are your thoughts?
I don’t know – it depends on the office. Some offices are doing newer cases and working backwards through the backlog. Other offices are doing oldest cases and working forward. The article I wrote on December 4, 2018 gives some links to the raw data, which shows which offices are busiest. Maybe this would give some (vague) insight into whether she might expect an interview sometime soon. Take care, Jason
Thank you very much Jason. I will check out the article you mention. Take care!
Hi Jason great artical as always
I just would like to ask you about Chicago asylum office does they answers any one these days it have been almost 4 months after the interview but they didn’t answers me I called them sent inquire still pending iam from Iraq one man without family it’s so hard to me live lonely with new country and new life and language so how long do you think they need to answers me and what is my chance , did you have Iraq’s cases and they got improves¿ thank you my brother
Hi, I filed in Chicago too and it took them 10months to issue a decision. Be patient, from what I hear, when the decision takes long it’s almost always a positive thing. Good luck
Thank you very match my bro its mean alot can you share the time frame please
The government does not make it easy on Iraqis. I have done many cases. Most are approved, but too many are denied given the dangerous country conditions and the threats my clients face. Wait times can be long too – usually due to security background checks. There is not a lot you can do about that other than make inquiries, as you have done. At some point, you might consider a mandamus lawsuit to force them to make a decision – we wrote about that on October 2, 2018. Take care, Jason
Hi Jason,
My lawyer (law firm) I is planning to file a group mandamus lawsuit. My application will be shortest wait time on the list (at the time of planned application, I will be waiting for 1.5 years, applied September 2017). I still have the decision to ask my lawyer not to file. Do you think it’s a good idea? Would you recommend doing it? Basically, what are your thoughts?
I am not sure that there is much of a down side. Either the mandamus will be denied, which will have no effect on your case, or it will be approved, and your case will get a decision. In some cases, if the asylum office does not have the background check and cannot get it, they could deny. But generally, the decision should be based on the merits of the case. This assumes you had the interview and are awaiting a decision. If you have not yet been interviewed, then I do not know if the mandamus will succeed. Hundreds of thousands of people are stuck in the backlog, and I do not think a mandamus will get them an interview. Maybe I am wrong. Let us know what happens if you try it. Take care, Jason
I haven’t been interviewed yet. The mandamus won’t be an independent one, it will be submitted as a group. The only downfall is that of the many persons included, I would have been waiting the least amount of time. So again, what’s your advise if I try? (I haven’t been interviewed yet)
I could be wrong, but this makes no sense to me. If you have not been interviewed, the only thing the mandamus can say is that the asylum office is violating the regulation, which requires an interview within a short period of time (I forget the exact amount of time). However, there is an exception for emergency situations, and since everyone’s case is delayed, I think that would meet the emergency exception. In other words, I think this mandamus will not work. I have been wrong before (many times), and so maybe I am wrong here, but I doubt this will work. As to the fact that your case is the least old, I do not think that is relevant, and so I do not see that as a problem. I just think it won’t work for anyone. Let me know if I am proved wrong. Thank you, Jason