As you may have heard, parts of the federal government are closed for business. After two years of Republican inaction on “the wall,” somehow President Trump has decided that now is the time to shut the government down in an effort to “permanently fix the problem on the Southern Border.” Let’s look at the effect of the shutdown on immigration generally, and on asylum more particularly.
In immigration world, the biggest–and most ironic–effect of the shutdown has been to close most of the nation’s Immigration Courts. Courts that handle detained cases are still operating normally, but non-detained courts are closed. The irony is that shuttering the courts will have the effect of delaying the deportation of many aliens. On average (and based on current projections for FY2019), Immigration Judges will deport about 676 people per day. If we remove detained cases from the mix (very roughly speaking, detained cases make up about 13% of all Immigration Court cases), we can estimate that for each day the government is shut down, 588 people are spared from deportation. Given the long backlog in Immigration Court, most people with postponed cases will probably not return to court for another year or two, and so such people will be able to remain the U.S. far longer thanks to the shutdown.
Also from the Irony Department: The lapse in government funding means that Border Patrol agents–the very people who are supposed to guard our Southern border–will not be paid until the shutdown ends. As you can imagine, this is not great for morale. In addition, the E-Verify System, which allows employers to check whether a particular person is authorized to work, is down. If this “electronic wall” is not working, some “illegals” may be able to work. These results seems contrary to Mr. Trump’s stated goals of deporting more people and fixing the broken immigration system, but what else is new?
Of course, many asylum seekers will not be very happy about having their court cases delayed. Some have been waiting years for a decision, all the while separated from family members and living with great uncertainty. For such people and their families, the delay is heartbreaking.
To check on the status of the Immigration Courts, you can visit the EOIR website, which will indicate whether operations have resumed. If your court case is postponed due to the shutdown, the case will be rescheduled once the lapse in funding has been resolved. From EOIR:
Non-detained docket cases will be reset for a later date after funding resumes. Immigration courts will issue an updated notice of hearing to respondents or, if applicable, respondents’ representatives of record for each reset hearing.
In other words, the Immigration Court will send you or your lawyer a written notice for the new hearing date. You can also check the Immigration Court hotline, which indicates when your next hearing is scheduled. The phone number is 800-898-7180. This is a computer system; not a person. When it answers, follow the instructions and, when prompted, enter your Alien number. The system will tell you your next hearing date. Unfortunately, the hotline will not be updated during the shutdown, but once the situation is resolved, you can check for your next appointment (whether cancelled Individual Hearing dates will be set for another Individual Hearing or a Master Calendar Hearing, we do not yet know).
What if you want to file documents, evidence or a change of address with the Immigration Court? Immigration Courts and the Board of Immigration Appeals (“BIA”) are accepting filings for detained cases. As I understand, most courts are also accepting filings for non-detained cases, but such filings will not be acted upon. The problem is that such filings may get lost in the avalanche of documents that the courts receive. This problem will be especially acute if the shutdown drags on for weeks or months. My advice: If you have a deadline, file your documents, but make sure to keep a copy for yourself and have evidence that you filed (if you can file in-person, the clerk will stamp your copy of the documents; if you file by mail, you should keep a copy of the certified mailing receipt). If you do not have a deadline or an emergency, it is probably better to wait until the shutdown ends before filing any documents with an Immigration Court or the BIA.
For asylum seekers and immigrants who do not have court cases, the shutdown is far less consequential. USCIS obtains its budget from “customer fees” (i.e., money you pay for your green card, work permit, etc.), and so the lapse in government funding is not an issue (there is currently no fee for asylum, but USCIS customer fees fund the Asylum Offices). As a result, the Asylum Offices, USCIS offices, and Application Support Centers (the place that takes your fingerprints) are all operating normally. While this is unlikely to change, there is no harm in double checking before you make the trek to your appointment. You can do that here.
One final question is, How long will the shutdown last? Of course, we do not know. The longest shutdown to date occurred during President Clinton’s term, and lasted 21 days. The current shutdown began on December 22, 2018, and so as of this writing, we are approaching Mr. Clinton’s (or more accurately, Newt Gingrich’s) record. The shutdown is inflicting much damage on our country, including to some immigrants and asylum seekers. Let’s hope that our leaders can bring an end to the impasse as soon as possible.
Dear Jason, I Express my deepest gratitude for all your helps! I get to know that DHS send me an another NTA called I-261 my court when we called to ask my cancelled interview date due to gvr. Shutdown. I haven’t received anything like that. I am so stressed out and anxious because, firstly my MCH got cancelled, have been waiting for 4 years, before I recover from this shock, I received a letter from ICE and now I-261. I am so scared, dying day by day. I am affirmative asylum seeker filed my application before the expiration of my J1 status. But the they referred me to IJ starting that I have not established one year exception even though I have provided my immigration doc. With my application. Immediately I filed a motion with all the supporting document through Senator and they considered my motion but said will stand by decision. I have no clue what is I-261. It means they are going to add more allegations. I am worried that, it is going to worsen my situation. Thank you!
Maybe they plan to add more allegations, or maybe they just made a correction. You need a lawyer for the court case. We have seen many times where the asylum office denied a case (sometimes for an incorrect reason, like misunderstanding the one-year deadline), and then we win in court. It is certainly possible to win in court, and in my experience, court is often easy than the asylum office. You should have a lawyer to put the case together for you, as that often makes a difference in a court case. Take care, Jason
Jason,
I’ve a merit hearing for 2020. I’ve applied motion to advance weeks ago. When checking my case using the 1-800 number these days, I’m getting “the system doesn’t contain any information about future hearing regarding your case”. Any thoughts?
Maybe they are considering your motion. The system is a big mess, thanks to the shutdown (well, it was a mess before the shutdown and now it is even worse), so that may also explain the problem. You can call the court directly and ask the clerk – you can find the phone number if you follow the link at right called Immigration Court. Take care, Jason
Dear Jason,
Many many thanks for your guidance. I am very grateful for all your support! I am an affirmative asylum seeker. My case has been referred to Immigration court and my MCH hearing was scheduled on 8th Jan.19 which got cancelled due to government shutdown. Today I have received a notice from DHS, Immigration and Customs enforcement Stating that, please come to the office at the address shown below, at the time and place indicated in connection with an official matter.
Ask for : Deportation Officer Manuel Tellado
Reason for appointment: Immigration status in the United sate.
I got shocked after receiving this notice. I don’t know what to do. Could you please guide me what should I do next.
Thanks a million!
Banu
You should go to the office as instructed. The problem is that you do not know what they want to do – normally, they just question the person, but they could give you an ankle bracelet and they could detain you, though I have not seen people being detained except maybe in cases where they have a criminal conviction. It would probably be a good idea to talk to a lawyer to prepare for the meeting and to go with you to the meeting. A lawyer can usually not stop a detention, but the lawyer may be able to help you get ready and be prepared for whatever they want. You should know that in most cases, these meetings are routine and people are not detained, but it is better to prepare for the worst, just in case. Take care, Jason
Hi
I applied in Newark office in August 2016..when can I expect an interview?
If a spouse is a dependent on the case and they get divorced what will happen
No one knows, though Newark is moving faster than most offices. If you want to try to expedite, I wrote about that on March 30, 2017. If a couple divorces, the dependent spouse is no longer part of the case and that person’s EAD becomes invalid. If that person has his own asylum case, he needs to file it quickly due to the one year bar (the fact that he was a dependent excuses the one year bar, but once the divorce is final, the person needs to file as soon as possible or risks being barred from asylum). Take care, Jason
Hi Jes,
I applied to renew my EAD. And I received the notice of action on November 8 ,2018. But the online case status has not been changed, it says “My case was received “. My EAD will expire on February 26,2019. Is it affected by the shutdown OR Is it a normal process? I received the notice from Nebraska service center.My employer asked me to submit the renewed EAD. If it is not normal waiting time what should I do?
It is normal, and renewals seem to be taking 4 to 7 months. When you received the receipt, it automatically extends your EAD by 180 days. I did a posting about that on January 25, 2017. At the bottom of the article are some links to government websites that discuss this, so maybe you can show those to your employer. Take care, Jason
Dear jason! Appreciated for answering every individual’s questions without any hesitation.No words to thank you.I have been reading this site since 2015.Did so many things and updates as well.I have question about my application.I applied on 2015 aug in New Jersey and moved to CA 2017.I moved my case CA to.Since my appplication is pending-Waiting interview.I didn’t know i can chek my case status in online,because before can’t.Since 1 month my status keep saying “your case has been pending with uscis for 1220 days not including delays” what does this mean.I am having kind of confuse.Also I applied i130 and i485 marriage through US citizens.I have been waiting for 6 months.Here is the confusion:Which interview probably come first.
The online thing is new for asylum. The system should tell you how long your asylum clock has been running. As long as it is more than 180 days, you are eligible for the work permit. I do not know when you might expect an asylum interview, as that varies by office and it is not very predictable even if you know the office. Green card/marriage interviews probably take about a year – you can check the case processing time at http://www.uscis.gov. I do not know what will come first for you, but even if you were to do the asylum case and lose, and get sent to court, you would be able to pursue the GC based on marriage and so it should all work out just fine. Take care, Jason
Hey Jason,
I called the 1800 number at EIOR. To my understanding they will reschedule the recent hearings. What will happen to near in future hearings for example March 19, 2019? such a mess….
The date should remain, unless the shutdown continues until March 19. We shall see. Take care, Jason
Hi Jason every one here
I have question I got my ead card few days back but I don’t know How to apply for ssn
So can you please tell me how to do it because I can’t work without it what are the steps to get it thank you every one
Hello MU,
According tohttps://www.ssa.gov/ssnumber/: “Social Security must interview you in person so you can complete and sign your application. Call your local office, which you can find online at http://www.socialsecurity.gov/locator. You must bring papers proving you have permission to work in the United States, your immigration status, age and identity.
You Must Show Social Security
You must show us the originals or certified copies of two documents:
1.
Form I-766 Employment Authorization Card (EAD, work permit), and
2.
Your foreign birth certificate (if you have one or can get one within 10 business days). If you cannot, we may accept your:
•
Foreign passport;
•
U.S. military record; or
•
Religious record showing age or date of birth.
If you do not have or cannot get one of the above preferred papers within 10 business days, we may accept your:
•
U.S. driver’s license;
•
U.S. state-issued identification card; or
•
School record (issued five or more years ago) showing age or date of birth.”
Thank you, Jason
It sounds like Jamie covered it, but two things: (1) I do not know if the SS office is closed due to the government shutdown; and (2) Form I-765 allowed you to apply for the SSN. If you did that (and assuming the SS office is open), you should receive the card in the mail. Take care, Jason
Hello,
I appreciate your help in advance.
I have applied for asylum long time ago and know that won’t get interview in the near future. I live with my wife who is in my case. My wife has a reason for asylum too. Now, can she apply for asylum separately while she is in my case,?
Thank you.
Hi Jason,
I have done my interview in asylum office and wating for decision. at the same time, I have adjustment status application through marriage with USC and waiting for AOS interview. if the asylum office deny my asylum application do you think they will refer my case to immigration court or will wait to proceed my AOS with uscis? in addition, assuming I have F1 status what would occur with this situation?
thanks for your advise.
Hello Jason,
Thank you very much for all you do, you are truly an incredible resource for the asylum-seeking community!
I would like your opinion on my current immigration status. My husband applied for asylum two years ago, listing me as a dependent on his case. As of right now, I’m on a J1 visa that will expire on July 2019. I’m thinking on going back to my home country and apply to a different J1 program so that we can wait together for his asylum case. Would this be a wise move? If not, what could be the best thing to do. I’m actively looking for an H1B visa sponsor, but so far it hasn’t come to fruition. Thank you very much for taking the time in reading this.
I think you would have a difficult time coming back with a J visa, as they will not issue that if you have an “immigration intent”, meaning, if they think you plan to stay permanently in the US. Your husband’s asylum case, and the fact that you are a dependent, will indicate to them that you intend to stay permanently. This rule does not apply to an H1b visa (known as a “dual intent” visa). If you want to remain here until his case is done, you are probably better off remaining in the US – maybe change status to an H1b or another visa if possible, but if not, just get the EAD based on the pending asylum case. If you decide to leave to try to get a new visa, talk to a lawyer first, to maximize the chances that you will be able to return. Take care, Jason
Can I go back home after I get my GC for few days?
Thanks
It depends on many factors – I wrote something about this on September 6, 2018, but you would do well to talk to a lawyer before you decide to leave the US. Take care, Jason
I dont think that is possible. And I liked your name choice
Hi Jason,
I would like to know your advice.
I and my wife applied for asylum 2015 under my WIFE name.
After the new program we stuck in the backlog
1-Can I apply under MY name a new application ?
2- Is the condition to apply in the first 12 months applies here?
3- Do I have to close my wife case ?
4- what if I hot denied would that hurt my wife case ?
Thank you so much ,
1 – You can, but the procedure is different (check the form I-589 instructions for that). Basically, you file at the local office, and so your case would likely be joined with her’s not processed under LIFO. 2 – There is an exception, since you were lawfully in the U.S. based on her application. The one year bar should not be an issue (unless you were here for 1+ years before she applied for asylum). 3 – No. 4 – I doubt the cases would be processed separately but if they were, and you were denied, it might hurt your wife’s case, but it would depend on the specifics of the situation. Take care, Jason
Hi Jason,
I was granted asylum status in 2018 and will be applying for my Green Card this year in March. Is it possible if I can apply for a Refugee Travel Document whilst waiting for my Green card. And can I travel with the RTD after I have received my Green Card or will I need to apply for a Re-entry document.?.
Please help, I am planning to travel in September. Thank you
You can apply for the RTD when you apply for the GC. If you can send both forms (I-131 and I-485) together, you can just pay the fee for the I-485 and this will include one RTD. However, processing times for RTDs are slowing down, and so I would file for it at least 6 months before you travel, and really, the earlier the better, to be safe (keeping in mind that the RTD is only valid for one year). Take care, Jason
Thank you Jason for the helpful information.I got my asylum, thanks to this blog!!
Glad to hear that and congratulations! Jason
Hi, Jason
I completed a second interview and the case status changed to be Decision Is Pending
“You completed your interview with USCIS. The time it takes for USCIS to give you a decision after completion of an interview may vary,,,, etc”
Does it mean It is a denial ? because I read online that the case should be updated to a different form if you completed your case and got approved.
And in the first interview was a different officer and I explained my multiple fears in detail. But the second officer asked me about only one of my fears. I didn’t explain or mention other fears because I assumed It was already mentioned in my written declaration and the first interview . Or I was supposed to mention it again with the new officer in the second interview too when I was asked to speak and say anything else you want to add?
Whould this can strongly affect my case
Please reply me. Thanks a lot
I do not think this means the case is denied. I think it means that a decision is pending. The online system does not tell you whether the case was granted or denied; only whether a decision is pending or a decision has been mailed to you. I would not worry too much about the second interview, as the officer should have had the notes from the first interview. Take care, Jason
The case status wasn’t showing in the system at all
Until the day after the interview it showed on the system and saying it’s pending for decision
I read online that some people when they got approved after the interview it shows the message “ New EAD card will be issued,,, etc” as their first status update
But my first update was the decision is pending. Does it mean it could be denial and they will send it by mail
Or it doesn’t matter?
Please, can you Dear Jason or anybody had the same site update experience relate?
And if the officer took the decision the same day. Will it be enough for his supervisor to confirm his decision the same day? Or usually it takes more than this?
I’m so frustrated and worried. Please understand my situation. Thanks
Christian, I understand your anxiety, but I am almost certain that “pending for decision” means the case is waiting for a decision. If a decision was made on the case, I am pretty sure the system will eventually say that a decision was made. When a decision is made, the system will just say that a decision was made on your case and the instructions/decisions were mailed to you.
Though it’s hard, try not to allow what you read online to affect you negatively. Furthermore, everyone’s experience is almost different.
I agree – I did check one of my approved cases (it was approved some months ago) and the system just indicated that the decision was mailed. Take care, Jason
Thanks Jamie and Jason for your replys
I’m so worried and anxious
I tried to call your office Mr Jason but I couldn’t reach you, If you can tell me when and how I can reach you on the phone
Thanks
Unfortunately, I cannot answer questions by phone. If you wanted to arrange a consultation, you can call our main number: 202-328-1350, but I have basically told you all I know about this situation already, and I am not sure if I can offer much more. I think at this stage, you are just waiting for the government. Based on what you wrote, everything seems normal. Take care, Jason
Hi Jason, quick one, if an asylum seeker has blood relation in Canada and in the event of a denial wants to take his case to Canada, does the relative have to be residing in Canada at the time or could he or she be anywhere else in the world as long as a Canadian citizenship is held. Furthermore, would the relative be contacted in this case by USCIS or other relevant authorities to confirm if the Canadian citizen is willing to accept the asylum seeker relative or not?
thank you in advance for your guidance.
Sorry, you would have to talk to a lawyer in Canada about that, as I do not know. We wrote something about Canadian asylum on March 31, 2016 – maybe that would help a bit, but I think you need to talk to a lawyer there to be sure. Take care, Jason
hello Jason and everyone,
how can the ombudsman help with pending cases that have already done the interview and pending a decision (almost 2 years now)? what are the consequences of asking for their help? Do they have the power to bring about the decision? Our attorney is advising us not to contact them, but I do not understand how could it harm our case. Thank you in advance!
I do not see how it could harm. One of their jobs is to help with delayed cases. Possibly, they could explain the reason for the delay or maybe remind the asylum office about your case to get things moving. In general, I doubt they do much, but maybe they could help and I can’t see how they do any harm. Take care, Jason
Hello Dear Jason and all asylum seeker. I hope everything is going good with you. Actually I just tried to check my status using USCIS website with ZCH***** and I got the message that my case is pending. My question is the USCIS made any a update for their system to let asylum seeker be able to check their status? Because from more than yet I tried to check my status using this three letters and numbers but always I got error message! Please if anyone knows about this I would appreciate that if he or she write about this. All the best.
This is new, and it seems to be working for most people. I think the next update will indicate that they have sent you an interview notice, but there is no way to predict when that will be. Take care, Jason
Dear Jason,
Got a quick question. 3 years ago, I and my girlfriend applied for asylum and haven’t received any interview date. Recently I’ve applied for EB-2 (NIW) and I’m waiting for the result. In case I get it, I can move on to file I-485. Now my question is if I marry my girlfriend before filing my I-485 and include her as my dependent, is it going to raise any red flag for the officer who is going to interview for my green card? Also, does my girlfriend going to receive a conditional or permanent residency green card? I do appreciate if you help us with this issue, if you have any information.
Thanks
Generally no.
But, in employment based interviews, you never know what the officers might ask.
Most of them are friendly and professional, but there are cases where the officers are not familiar with the law, their systems and are rude. For example one time the officer asked for original documents like previous EADs which technically their systems have a record of. It is completely unnecessary, caused stress and wasted time. Another time the officer questioned the applicants why s/he used a priority date of EB3 (the client is downgrading from EB2 so s/he has two approved I-140s) which is not current (priority date is current when I-485 is filed but become not current during interview, however EB2 are current during the interview).
To have your rights protected, please do hire a lawyer for your interview.
Also the green care she will receive has no conditions unlike the case for marrying a US citizen.
You would probably need to leave the US if you want to get a GC based on EB-2, but it depends on the situation. I wrote about that on August 28, 2018. As for the girlfriend, if you are married at the time you file the I-485 (if that is possible) or the consular processing, she should be able to be part of your case. If the case succeeds, she would get a permanent GC, just like you. This is all tricky, however, and so I think you need to talk to a lawyer to know what you can do here. Take care, Jason
Hello Jason!! I have a letter from the white house signed by President Obama acknowledging me for more than 100 hours of community service. Do you think I should include this letter with my asylum application? If so, how does it impact my asylum result. Also currently how long does it take to get an affirmative Asylum result? Can I get my Asylum within two months of applying?
We normally include such letters, as they look good, but they are probably not determinative of your case. As for the time, it is not predictable. It is possible to file a case and have a decision in 2 months, if everything goes right. This is pretty rare, but it is possible. Take care, Jason
Hi Jason how are you my brother
I got my ead yesterday and I find a job in tixas can I move to there or can work in different state because iam now in Indiana this is my first question
The second one how can I get the ssn and can I get it outside the state
Hi Asylum Seeker,
I will be sending documents for EAD in February. How long did it take you to receive the EAD?
hi liliya its took 25 days i applied on 14 december i got the ead on 12 jau so fast i wish you the best luck
If you move, you should change your address, but maybe you can argue that the TX job is temporary and you kept your permanent address in Indiana. It depends on the circumstances. I wrote about that on June 24, 2015. As for the SSN, you can get it when you apply for the EAD (on form I-765), but if you did not do that, you need to contact the Social Security office. Whether that is functioning during the government shutdown, I do not know. Take care, Jason
Hi Jason,
please help me with these question?
What are the chances of getting the approval for I -730 after being put for administrative process given 221 g at the Embassy? (And Embassy doesn’t required any documents from the applicant). I am not from middle east or from Ban country.
Probably it will be approved, but the question is when. It could take a long time, and I do not know what can be effectively done to make it faster. Perhaps contact a Congressperson or maybe a mandamus lawsuit (talk to a lawyer about the latter). Take care, Jason
Jason,
Do you think part of the delay may have been caused by the shutdown? when we try to check the update online the embassy page says‘Due to a lapse in appropriations, website updates will be limited until full operations resume’
Maybe, as parts of the State Department are not operating thanks to the shutdown. Take care, Jason
Thanks Jason for your reply. Is it okay if the petitioner (my husband? send an e-mail or give a call on behalf of me? it is appropriate to do that way?