A recent paper by Neil Graffin, a Lecturer in International Law at the Open University, explores the emotional impact of working as an asylum lawyer. As you might expect, the study found that those of us who represent asylum seekers suffer from burnout and emotional stress. As a “protective mechanism,” we tend to detach ourselves from our clients, and we sometimes become “cynical or disbelieving of client narratives.” More surprising, perhaps, the author found that this “complex reaction” had both positive and negative effects in terms of case outcomes. The paper concludes that “more should be done to protect practitioners working in this area of law,” since “we cannot discharge our duties to asylum claimants, without protecting those who deliver assistance in protecting their rights.”
In researching his paper, Professor Graffin spoke to nine asylum advocates in England and one in the Republic of Ireland. The interviewees had a wide range of experience in the field, from one year to 30 years. Some worked for private firms; others for non-profits.
As we all know, we Yanks tend to be a lot tougher than the wilting flowers in England. Even so, Professor Graffin’s findings largely track with my own experience and that of my colleagues on this side of the pond. So as far as I can tell, the emotional impact of representing asylum seekers is essentially the same for lawyers in the U.S. and for our more fragile British cousins.
It seems to me that Professor Graffin’s findings can be divided into two broad categories: Effects on lawyers caused by dealing with individual clients, and effects caused by “the system.”
At the individual level, dealing with traumatized asylum applicants is often “emotionally demanding” and “can have a negative emotional impact on practitioners, manifesting in self-reported burnout and emotional stress.” It can also lead practitioners to develop a cynical or disbelieving attitude towards some clients.
This type of skepticism does not necessarily have a negative effect on case outcomes, however. On the contrary, some study participants observed that “having a cynical or disbelieving attitude could make them better practitioners” because it helped them get “into the minds of the ‘suspicious decision-maker’” and “to spot issues of concern in their claimant’s narratives.” From my own perspective, a healthy skepticism towards our clients’ claims is crucial. We need to imagine how our clients’ stories will be received by government decision-makers and anticipate weaknesses in their cases.
Study participants also spoke about the issue of secondary trauma, which comes from “dealing with individuals on a daily basis who have experienced gross and traumatic violations of their human rights.” One common defensive mechanism for practitioners was to distance ourselves from our clients. Too much distance leads to depersonalization, but too little can lead to burnout. The key is balance: We should aim to be “sympathetic but detached.”
In my own practice, I often deal with people who have been traumatized. Some have been physically harmed or threated. Others have lost loved ones. Still others are suffering due to separation from family members. While I am sympathetic to my clients, I don’t believe that the main emotional impact I face relates to these micro-level issues. For me, at least, the bigger stress-inducer is the system itself: Too many cases, not enough time, too much bureaucracy, too little control. Professor Graffin also discusses these and other macro-level issues.
One big issue for me, and for the participants in Professor Graffin’s study, is volume. “Heavy caseloads… were cited as a particular concern amongst participants.” This was an issue for non-profits, which are under increasing pressure to do more with less, and for private practitioners like me, who aim to serve the asylum-seeker community and make a living in the process. “On the one hand, while having a smaller amount of cases was described as economically unviable, having too large a caseload created unmanageable pressure on the firm.”
Another issue involves unfavorable changes to the law. Both Britain and the U.S. (and many other countries) are experiencing an anti-refugee moment. Changes in the law have made it more difficult for us to help our clients. Referencing the “constant downgrading of rights,” one long-term practitioner in Professor Graffin’s study notes that for her, it is “easier to cope with [extremely traumatized clients] than the overall feeling that [she] was being disabled as a lawyer.” I agree. Lawyers are trained to learn the law and help our clients navigate the system. But lately, in the U.S., the government has been throwing up nonsensical bureaucratic barriers that make our jobs more difficult. These barriers are not legal barriers, but rather procedural hurdles. So an application that previously took, say, two hours to complete, now takes three hours. To me, this is a deliberate and arbitrary attempt to reduce immigration by making “the system” harder. I have been reluctant to pass on the costs of the additional work to my clients, as I feel that this would almost make me complicit in the government’s scheme. The problem, however, is that this leads to increased stress for my office mates and me.
Another job of a lawyer is to explain how the system works. If you file a claim for asylum, for example, there should be a predictable series of events that follows. Now-a-days, there is much less predictability in the system. This is in large part due to these same bureaucratic barriers. It is also due to the general dysfunctionality of the system. The end result, though, is that we lawyers have less power to influence outcomes than we should, and this also increases stress levels.
A final issue discussed in Professor Graffin’s paper is the effect of the over-all hostile environment towards asylum seekers. A number of the participants discussed how “negativity towards asylum claimants within some sections of society had an impact on them.” In an ideal world, human rights would be non-partisan. But of course, our world is far from ideal. The rhetoric in the United States and Great Britain is frequently cruel, and quite often untrue. While I can understand why such an environment can be demoralizing for asylum practitioners, I do not think it affects me that way. If anything, it has energized me to work harder for my clients. It is also one of the reasons we held the Refugee Ball back in 2017.
Finally, I of course agree with Professor Graffin’s recommendation that we provide more support for asylum practitioners, “including training and education in secondary trauma and burnout, as well as the potential for structural re-design to support individuals who hear traumatic narratives on a regular basis.” But the unfortunate fact is that most practitioners—including me—do not have time for additional training, and our current government is not about to take action to make our lives any easier. For now, we just have to keep on keepin’ on.
A few last points that were not directly mentioned in the paper: For me, an important coping mechanism is to have a sense of humor (maybe gallows humor) about the whole system. It is not always easy, but it gets me through the day. It is also nice to know that we asylum lawyers are not alone, and that all of us in the system are struggling with similar issues. So send your good vibes, and we will keep moving forward together.
Hi Jason,
First of all, I want to say thank-you for helping people like me.
I really appreciate what you do. Taking time from your busy schedule to reply to all people. That’s amazing. Thank-you.
I have few questions and I am really taking stress about it. If you can answer those questions that would be a big relieve to me. I applied for asylum my self in March 2017. I live in Arizona.
can I add attorney in it to handle my case from now on?
What do you think, how soon I will get an interview call? (before the new process we were able to see they are doing the interview of September 2013 in August 2017 but now we are blind. If you can give us just an idea what you think, how much time it will take? month? year? few years? more than 10 years? I know you don’t know exactly how much it will take but you know more than us. Thank-you Jason)
I want to marry a non-us-citizen. She has a B2 visa.
if I marry her in states while she is on B2. Can I add her into my asylum case?
If I add her into my case then can she stay in the US or she will have to go back?
and My case will be a fast track like the new case? (as they say, the new case will be processed in 21 days) or It will stay the same and it will take time?
I am desperately waiting for your reply. Thank-you
1 – You can add an attorney at any time, if you want. 2 – I have no idea about the time frame. I think Houston is your office, or maybe LA. Either way, we are seeing movement in those offices, I think, so maybe you have a chance to get an interview. When, I cannot even guess as I have not had a case in either office for some months, and if I remember correctly, the only interviews I had in TX lately were expedited cases. 3 – You can add her to your case. Contact the local asylum office about how to do that. Once she is added, she can stay until the case is complete and apply for an EAD (if you already have the EAD, she can apply immediately, as soon as she is added. As far as I know, adding a dependent has no effect on the time frame of the case. Take care, Jason
Thank-You Jason.
[…] [postprint]– Note: The postprint version of this article is currently under embargo. See also related post on The Asylumist […]
Dear Jason,
My asylum application has been pending for 2,5 years. My EAD expires on 1st of May 2019, so I recently filed for AED renewal and getting a official receipt notice Form I-797. My question:
1) Can the receipt extend my eligibility to work for 6 more months while waiting for the new EAD card to be issued?
2) Can I use that receipt to renew my driver’s license as well, if not, what should I do?
Thank you Jason,
No they don’t accept
You must have your work permit ID
Thank you
Hello Jason and friends,
I made it, i would be able to renew my driver license in Salt lake city easily for another six months with a receipt on this Monday with no issues or asking for a supervisor, I recommend you guys try different places. Good luck.
1 – Yes. I did a post on January 25, 2017. If you go to the bottom, there are some links to the law if you need them. 2 – Different DMVs are different, but you should be able to do that. If they refuse, ask to speak to a supervisor and show them the links to the law about the automatic extension. Take care, Jason
Thank you Jason
I used the receipt to renew my driver’s license but they did not take it. I begged them to check it again. The man did it and told me he could not renew it for me until i had my EAD card as the DHS would not allow him to do so. So i’m still waiting for my card now… 🙁
Thanks for comment
Did you bring the law printed with you? Did you ask to talk to the supervisor?
I brought everything relevant with me but he refused to renew my driver’s license until i get my card. I asked him “How can they let me work but not let me drive?”. He said “Well, it is what it is. You can contact DHS to ask about that”. I did not want to beg for more afterwards. He even added “Lawyers do not know about the driver’s license stuff” when i mentioned my lawyer said it should be fine to bring the receipt there to have my driver’s license renewed. Oh well…
Lawyers do not always know about the driver license stuff, but often times people working at the DMV do not know about the law very well either. You may want to try again, and maybe ask to speak with a supervisor. Take care, Jason
On 22-Feb I renewed my DL using the EAD receipt notice they renewed for 180 days as mentioned on the paper.I didn’t received my card 101 days case received
My advice is to try different DMV office or 3rd party
I did it in DMV office
Good luck
I concur, Jason! But i saw no supervisor except the 3 guys working there! 🙁 I might want to try another place, at least, or just wait for my EAD card to arrive.
Hi Jason I want to sure my experience regarding the renewal of my EAD based on on pending asylum ,recipient date was November 5th approval February 13 one day before the old one expired ,no new finger prints were required it took 96 days ,good luck to everyone .
Hi Jason
I received a mail stating that I failed to attend my asylum interview scheduled for February 13 2019 BUT i did not receive any interview notification in the mail box at all. I did not change my address at all. Have you ever encountered a scenario like this before?
Any effects on my asylum case Outcome after rescheduling my interview?
What would you suggest is the best to do now??
You should contact the asylum office or go in person to let them know about this. They should reschedule you. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
For What It’s Worth, I think you (Jason) are hilarious and I appreciate all of the little jokes hidden in your posts. It is indeed hard to understand how our English speaking cousins dominated the world and created an empire with their fearful navy. Maybe all of the sailors came from other countries.
If you’re not laughing, you’re crying…
hi jason
is there any news from chicago asylum office idid my interview there on august 2018 sent 1 inquire and last week i sent one too every 3 months i send one but still there is no news , its been 7 months and still nuth what do you think
Unfortunately, such waits are common. You can send periodic inquiries or – if convenient – go in person to ask. Otherwise, the only other real option is to file a mandamus lawsuit. We wrote about that here on October 2, 2018. Take care, Jasno
Hi Jason
My interview was postponed due to a government shutdown. The Judge who was assigned to my case was transferred to Detained department (ICE). When I called the 1-800 they told me the new date and my judge will be “visiting judge two”. What does that mean?
Thank you so much
* I meant my court not interview:)
It probably means that a judge has not yet been assigned. The new date may or may not be changed again once the judge is assigned. Keep checking the system to be sure. Also, you or your lawyer should receive a written notice by mail of any changes. Hopefully, the date will hold and you will go to court then. Take care, Jason
Jason,
Have you posted anything about the interview process (in the office)? Something about a dress code, how to respond, lead the conversation, etc.?
The most relevant thing was on September 8, 2016. Take care, Jason
Hi Jason, I am on a pending asylum sins dec 2014 and I got married to a USC few months ago. I have 2 questions- do I need to mention on my cover letters that I am on a pending asylum while filling for I-485 and second if I am filling I-765 along with I-485 what would be my eligibility category, c9 or it remains c08 . Thanks
I would mention your asylum case and include a copy of the receipt. When you file the I-485 and pay the fee, it includes the I-765 (under category c9) and the form I-131 (Advance Parole) at no extra cost. Take care, Jason
Hi Jason! I had interview January 2019, they found that there is no fingerprints of my family in the system, 2 week after interview we did them again, now it’s 1,5 month after interview, pending status. May be you know for how long does it take to check fingerprints again, may be we need to go to asylum office in walk in days and ask? Thanks a lot!
You can go ask – check the office hours by following the link at right called Asylum Office Locator. There is no real time frame, and it is impossible to predict how long a decision will take. Given the normal delays, and the hassle of going to inquire, you might wait a couple months to see if there is a decision, and if not, then go to inquire, but that is up to you. Take care, Jason
Hello Jason,
I came to US with B2 visa and change my status to student. after six months I applied for asylum because I cloud not return to my home country. at the first time I did not intend to apply for asylum, but I had some problem backed to my home country which got worst, so I decided to apply for asylum. do you think this could hurt my asylum application during interview?
thanks
I doubt that – they can ask you to explain why you decided to seek asylum and when you made the decision, but otherwise, your story sounds like many cases I have seen. Take care, Jason
Hi Jason I want to sure my experience regarding the renewal of my EAD based on on pending asylum ,recipient date was November 5th approval February 13 one day before the old one expired ,no new finger prints were required it took 96 days ,good luck to everyone .
Hi Jason,
How uscis cloud find someone work without athourization?
thank you
I think they can check tax records, or they could just ask you. If they know you worked without permission, it could cause you to lose your non-immigrant status (for example, if you have an F-1 visa or a B visa). It could also make you ineligible for certain immigration benefits (adjustment of status based on a job, for example). It generally would have no effect on an asylum case, though. Take care, Jason
Hi Jason,
Can I be on a F1 with a valid I-20 and still get the asylum EAD? Will getting it make me out of status? Even if I dont use it? And after I graduate I get OPT
Thanks a lot
You can get an EAD. I do not think it will affect your status, as it never has in the past. However, USCIS had a memo from last fall where they basically said that any F-1 student whose asylum was denied would be referred to court. The basis was that by filing asylum, you are seeking to remain permanently in the US, which is in conflict with the non-immigrant F-1 status. As far as I know, this does not affect you unless asylum is denied, but these days, things are unpredictable and it is difficult to be certain. I do think that applying for the EAD is not going to affect you any worse than applying for asylum, but if you are very worried about this, you might talk to a lawyer to research the issue (and maybe check that memo – from September 2018, but the memo is kind of vague). Take care, Jason
Hi Jason,
Do you know what the staffing situation is in AO? Their backlog is growing very fast and by my calculations from the workload reports, the chances of falling into the backlog (on average in 2018) was 50%.
What is more concerning is that they have completed less and less cases in the last few moths.
Also, are they still operating on FIFO basis for the backlog? I read something about the new “global” case management system that automatically gives priority levels to each case, is AO using this system or are they doing it old-school?
I am aware that you might not know the answer to these questions, but your insight is probably the best anyone outside the AO could possibly have.
Thank you so much!
As far as I know, the number of asylum officers has increased, but there is still a good chance to fall into the backlog. As for backlog processing, some offices are FIFO (Arlington), but others might be following LIFO. For purposes of new asylum applications, all offices are following LIFO. I do not know about the global system. Take care, Jason
Hi Jason
Iam as asylee, i was granted asylum early in 2017 after waiting almost 3 years for my interview ! then
i waited for 1 more year and have applied for my GC a year ago now ! and still nothing !! a whole other year !
so i have been in this nerve wrecking process for almost 5 years now! its really too much and it makes us very stressed all the time to live 5 years like that after escaping what we had to face in our countries , continuous stress and suffering really. now i my work permit is expiring while the renewal application is still pending and i tried to expedite my GC application but was denied ! iam getting a job offer but my EAD will be expired and the new one is still pending ! would that make me lose that job or whats the situation now !? and what can i do to expedite my GC process or what are the estimated processing time ! isnt 1 year more than enough to process it ?! this nerve wrecking journey has almost took quarter of my life so far 🙁
Thank you for everything you do for us
You don’t need work permit for work if you are granted asylum. Your unrestricted SSN is all what you need for employment.
Hi George.
Congrats on winning the asylum. My advice to you is do not waste your money in applying for EAD. It is not necessary for you. Asylees are qualified for work automatically due to their status. You are eligible to get an unrestricted social security card. You can use your unrestricted SSN and drivers license as Type B & C documents for I-9.
I only applied for Ead the first time only because it was free. I never actually used it anywhere. SSN and license should work 100%. If your employer demands an EAD, that is illegal. They cannot demand specific documents. Good luck.
How do you get driving license without an EAD? Can an asylee get driving license with an asylum grant letter and I-94? Please let me know.
You should be able to get a license without an EAD if you have proof of asylum status. However, each DMV is different and law’s vary by state. You would have to check with the state DMV and maybe try talking to someone there (like a supervisor) for help. Take care, Jason
George, believe me, I do understand your frustration with the slow pace of the system. However, you must know that there are people who have been waiting for an asylum interview for years and suddenly their applications get thrown in the backlog because of the new LIFO system. There are applicants who did their interviews over a year ago, and sometimes longer, and have not heard back from USCIS. In addition, there are applicants, a lot of whom filed genuine asylum applications, who got referred to immigration court, having been waiting for years for their interviews, and won’t have their hearing until the next 2 or 3 years! Also, rest assured that many I-485 applicants are going through the same stress of having to wait for their approvals.
I get the impression that you do not understand the immigration status you currently have. While asylee status is not the most ideal, you should be lucky that you have a legal, recognized status in the US. With asylee status, you are able to travel, almost freely, locally and internationally with a refugee travel document. You are also allowed to live and work indefinitely in the US, unless, of course, USCIS or the EOIR decides to terminate you status. Legally speaking, asylee status is safe unless USCIS finds that there was fraud in your application or you commit a serious crime (this is the same for LPR status). In theory, if conditions improved significantly in your home country, USCIS can attempt to terminate your status. More importantly, you don’t have to renew your EAD as you are able to legally work in the US without an EAD incident to you asylee status.
If you haven’t yet done so, go to the social security office and have them remove the restriction from your social security card. Bring your I-94/asylum approval letter with the I-94 attached and your EAD, state ID, or passport. With your unrestricted social security card and a ID, such as EAD, state ID, etc., you would have proven that you are able to work indefinitely in the US.
Contrary to popular belief, there isn’t really a big difference between being an asylee and an LPR who adjusted from asylee status. Both can travel using refugee travel document. The two main differences are that you are 1 step closer to becoming a citizen when you adjusted status and not having to worry- at least for now- about improved country conditions.
This is all good – the last point is particularly important – there is not much difference between asylum status and a GC. In fact, asylum status is actually better than a GC if a person commits a crime, so in some ways, it is safer than asylum. Of course, I advise everyone not to commit any crimes, at least until they are US citizens. Take care, Jason
Jason, yes, you are right. A lot of adjusted asylees don’t know/realize that they’re essentially surrendering, or giving up, their refugee status when they adjust status to that of LPR. BIA and circuit court precedents expressly say that you can’t claim persecution on any protected ground, if you were to be put in removal proceeding because you committed a crime or accused of committing a crime, as you are statutorily no longer considered refugee or asylee once you’ve adjusted status to that of LPR. They largely based their ruling on the idea that it would be absurd to revert to a former immigration status once you’ve once you’ve adjusted to another status, all the while ignoring the facts that: 1) adjusting status does not remove the well-founded fear of persecution; 2) refugees are statutorily obligated to adjust their status one year after they were admitted into the US as refugees- unlike asylees; 3) you are legally “tethered”, as an LPR, in many respects, to the same rules as an asylee/refugee. For example, you shouldn’t travel with you government’s passport as this can be construed as availing yourself to the protection of your government an thus call your asylum grant into question (even though you have adjusted status). As such, you should travel with a refugee travel document.
In addition, you should never return to your country of origin, unless there is an emergency, of course, as you risk having your status revoked and put into removal proceeding.
The seeming “head-scratcher” is that you are no longer recognized as a refugee or asylee once you’ve adjusted status for the purpose of criminal charge, but you have to adhere to the same rules as a refugee or asylee for the purpose of travelling.
I have a feeling that there will be more challenges in the near future to the question of when you are actually no longer considered a refugee/asylee.
P.S. Jason, I use different email addresses from time to time. Still me 🙂
Hi Jamie
That’s an interesting situation I didn’t know about. So if you are giving up your asylum status when adjusted to LPR, then why would USCIS question a return to home country? I have personally never visited home country as I do not have a passport and pretty sure they won’t give me one. But from a legal perspective, if all LPR’s are the same then Asylee visits to home country should not be questioned? They can try to analyze if there was fraud on the original application but the onus of proving this fraud is on the USCIS and not the now LPR. So the idea that people say that “oh if your parents are sick and you go back home get a certificate from the doctor to show USCIS” isn’t necessary. It should be technically like, yes I visited home because my parents were sick. If you don’t believe me, prove it otherwise. I don’t know if any LPR’s were actually revoked because of this “home visit” issue. Else it is quite ripe for a legal challenge. Also I have heard that the 3rd circuit region has a 5 year statute of limitations on revoking green cards.
I would not count on any of that – if an LPR who had asylum goes home, he could have problems. This does sometimes happen. The government could allege fraud and put the person into Immigration Court. They may not deport the person in the end, but it is easy enough to refer them to court, and it can be pretty arbitrary (the CBP officers at the airport can refer the person to court). Whether you ultimately win in court will depend on the facts of the case. As for the 5-year statute of limitations, I have not heard of that, but it does not make much legal sense – if you have a GC, and the government thinks you received it by fraud, they can try to deport you. I do not see why there would be a statute of limitations here, but I don’t really know. Take care, Jason
I agree that it is problematic that an LPR who adjusted from asylee is treated worse than an asylee for purposes of the criminal waiver. But your main point – that there is not a lot of difference between being an LPR and an asylee, is well taken – the only differences are how long you have to wait to become a citizen and the criminal waiver. Fortunately, most people with asylum don’t commit crimes. Take care, Jason
IRAM L, this 5-year statue of limitation doesn’t make much sense. Your status can be revoked, even after you’ve naturalized, if it’s discovered that you were not eligible to receive the benefit you got in the first place.
Even if you do not have an EAD, you are eligible to work if you have asylum. The I-94 is enough. Your employer should be able to find the relevant law about this. As for expediting the GC, you can contact USCIS and ask, but there is probably not a lot you can do, unless the application is outside the processing time (you can check that at http://www.usic.gov). My guess is that you will get the GC soon. Take care, Jason
Hello Jason
My husband is a truck driver and his company is ready to sponsor him..is truck driver eligible to get a EB 3 visa?
Maybe, but he would have to talk to a lawyer about whether his job qualifies for an EB3. Another issue is that he may have to leave the US to get the green card, and this may or may not be possible. I wrote about this issue on August 28, 2018. Take care, Jason
Dear Jason and all member of This forum i need to fill out the form that senator send to me this is the first time that I get a such form, and it is a bit difficult for me to fill it out. For example member of congress or beneficiary should I put my name here or somebody else.
Where I have to fill my information is not a problem I can do it but the rest not. Would it be possible to get a filled copy sample of this form please?
I’m really sorry for bothering you & taking your time.
Much appreciated in advance.
Probably each Senator’s office has its own form. I doubt that there will be problems if you do not complete the form perfectly – it is just to get permission for them to inquire about your case, and to give them the info they need to make the inquiry. Also, if you ask the Senator’s office, they should be able to help you. Take care, Jason