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.
Hello Jason,
I am Syrian, I had a first interview in Arlington office based on an approved expedite request on 5/7/18 then I had a second interview on 9/26/18 where apparently there was a confusion about two things related to translation and I have proved in the 2nd interview. the 2nd interview was all to go over these two things (less than an hr).
Then I just received a NTA to immigration court on 3/28/19.
The questions I have:
1. Does this date provided on the NTA stand? because I am calling the immigration court number and they have no record for my case
2. is there something I can do to expedite the court date?
3. what is your thoughts about what happened with me, is not unusual?
Thanks,
B
1 – There was a recent Supreme Court case that says the NTA is not valid unless there is a date and time listed on it, so they have been creating NTAs with dates and times that do not stand. Keep checking the 800-number and eventually, you will have the real date. They will also send you something by mail. 2 – You can ask to expedite, but it will be easier once you have a “real” date, because then you will also have a judge – I wrote about expediting on April 20, 2017. 3 – Arlington is very resistant to granting Syrian cases, at least that is my impression. Most cases are having more than one interview, and cases that would be granted if you were from another country (like Afghanistan, for example) are being referred to court. I do not know why, and when I ask, they deny that this is happening, but it is my impression. I would expect you have a better chance to win in court. Good luck, Jason
Hi, Jason. my problem is my wife’s application of asylum submitted in 2015. But right now the office changes the interview rule. we do not know when can we have the interview. May I use my name to make a new application now? It is feasible?
I do not think it will help if you are currently a dependent on her case. The procedure for dependents to seek asylum is different (check the I-589 instructions, but basically, you file at the local office), and so your case would just join with hers. If you are not a dependent on her case, maybe it would work. You might try to expedite her case – I wrote about that on March 30, 2017. Take care, Jason
Thank you so much, Jason. We did many times to expedite my wife’s case. We right many times letter to show them my wife’s body condition is getting bad for waiting so long time. But they didn’t work. Do you have any good method to expedite the case?
Unfortunately, the only way I know to expedite before the interview is to request it. After the interview, you can do a mandamus lawsuit. You could try a mandamus lawsuit before the interview to expedite, but I doubt that would work. Maybe talk to a lawyer about that. Take care, Jason
Hi Jason,
I really appreciate your work here.
I was granted asylum back in 2014. I’ll be applying for citizenship in 2 months. How bad can bankruptcy affect naturalization process? And would it be better to be before or after applying for citizenship?Due some recently discovered medical condition I ll might have to go down that road and I’m afraid if I do so it might affect negatively my chances of becoming us citizen.
Thank you
I am not sure about that – I think one issue is whether you paid your taxes, but I have never seen a civil issue, such as bankruptcy, affect citizenship. Read each question carefully (there are many questions), and if you think one applies to your situation, be careful about responding – if the answer is not yes or no, circle the answer and write “see cover letter”. Then you can provide an explanation if needed. Take care, Jason
Hi Jason and the community
We forgot to sign my husband’s i765 form and they sent it back for him to sign and return it. He signed and sent it back immediately. And they received it on Wednesday last week 13/02.
Does it take long before we can receive a receipt again. Mine and the kids were approved and we are just waiting for the cards.
Regards
TK
First-time EADs are pretty quick, but even renewals receive their receipt quickly – in a few weeks, so hopefully, he will get that soon. Take care, Jason
Thank you for this great website of yours.
I was wondering if you could give me an estimate on the number of apostasy cases (christian converts) from Iran that you have handled in the recent years.
Thank you so much!
Maybe 15 or 20; I don’t really keep track. All have been granted or are still pending – I think the US government recognizes that apostates from Iran face a real danger if they return. The main issue is proving that the conversion is genuine, and not just done for purposes of winning asylum. Take care, Jason
Hi Jason,
How long does it take to receive a response from Ombudsman USCIS office after submitting an inquiry regarding an ever lasting case? I recently submitted an inquiry and received the confirmation on the email. Also, how effective is inquiry?
Unfortunately, I do not think the Ombudsman is all that helpful these days. At least not for an asylum case. Maybe for another type of delayed case. Probably responses, take between 3 and 5 months. Take care, Jason
Hi Jason. I have a question please help me. I’m refugee travel document holder since December 2018. This July I’ll file I 485 form. Question is who can file I 130 for spouse. Can I file it? If not, when I will be able to file I 130 form?
To file an I-130 for a spouse, you have to have a green card or be a US citizen. If you won asylum within the last 2 years and you were married at the time asylum was granted, you can file an I-730 for your spouse. Take care, Jason
Hi Jason
I Granted Asylum by Immigration Court in june 2018. in Mid of July 2018 i applied for my Family in my Home Country form i730 sent to Texas service Center Mosquite TX.i check status weekly.After some times was written on uscis website thatP: Your case is moved to Local office.On November 25,2018 i received letter by National Benefits Center Lee Summit MO that: Your case is moved to Texas Service Center Mesquite TX. Today on Feb 20,2019 i checked online that there was change on status.First in case of one family member and after some time in other family members case, was written as: NAME WAS UPDATED. and no change to other Family members until writing this.What mean by this?
I do not know, and I don’t think you can read much into the online updates. I think you are still within the processing time for I-730 forms – you can check at http://www.uscis.gov. If not, you can contact USCIS to inquire. Otherwise, the next step is to hopefully receive the approval and have the case sent to the embassy overseas. Take care, Jason
Thanks. i filed i730 forms 7 months ago.how much more time will take for approval? how i know that my family case is approved and case is going to home country embassy? uscis will write letter to me?
You have to check the processing time at http://www.uscis.gov. I think it is about 9 months. If it is approved, you will receive a letter and you will also see that online when you check the case status. Once it is approved, USCIS will automatically send the case to the embassy and inform you about the next steps. Take care, Jason
Hello sir , we got asylum aprovel in February 2017 . Then in March 2018 applied for GC . Did biometric at May and then on July 2018 it got transferred to Texas service center ( originally was in Nebraska) , right after, the status of case changed to “ case was received by your local office “. In February 2019 case status changed to “ your case was transferred and new office has jurisdiction over your case “. Why it takes so long .¿ I read people stories from other threads,most of them got approved as fast as 5 month. I tried to call to USCIS customer service and spoke to level 2 officer,but she gave me such a big attitude like don’t call here you still in your processing time frame. Please help me understand what’s going on and when approximately I will get my GC. Thank you for your help.
P.S. the officer told me that now in order to get a GC you need to be interviewed even if this GC asylum based . Is it true ¿
We are seeing wait times of almost a year for most people, so I think you just need to be patient. You can check the processing times at http://www.uscis.gov to get an idea of the wait time. As for the interview, most principal applicants are not interviewed, and most dependent applicants are interviewed, but there are exceptions and so you may or may not be interviewed. There is no way to predict that. Take care, Jason
Thank you sir for your quick response. Do you think if I will contact my local congressman the things will move faster?
Once in a while a Congressional inquiry helps. I don’t have much confidence in that, but there is no harm in trying. Take care, Jason
Greetings,
I was sent to the immigration judge from the asylum office. Once I went to my Master Calendar Hearing, I requested more time to find lawyer. At that point, I was about a week away from the 150 days to be able to apply for work authorization, which was denied once I did, since the clock had stopped because I requested more time to the immigration judge. Now, I’ve been to that second appointment, and my individual hearing date was set for 2019. Is the clock running again and am I now able to apply a second time for my work authorization or do I have to wait until my next hearing?
Thank you in advance.
If you attending a new hearing, the clock should have re-started. You can find out by calling 1-800-898-7180. It is a computer. Enter your Alien number into the system and when prompted, press 2. It will tell you about the asylum clock. If the clock has passed 150 days and is still running, you can apply for the EAD. If not, you or your lawyer will need to contact the court clerk to try to re-start the clock. Take care, Jason
Hi Jason,
Thanks for taking the time to answer each comment. When I call the number for information, the system says “There is no clock”. Does that mean I have no days pending therefore can apply for work authorization or does it mean the clock stopped and should I contact a lawyer about this?
It probably means the clock never started. There could be different reasons for this, depending on your case, and whether you are in court or at the asylum office. But if you filed an application for asylum, the clock would normally start. Sometimes, for people who have been here for more than a year and/or who entered without inspection at the border, some judges do not start the clock. If you have a lawyer, you should ask the lawyer to look into this – if there is no clock, you will not get a work permit while the case is pending. Take care, Jason
Hi Jason,
I have filed asylum case on 2016 (900 days ago) also i am from one of the banned countries, my employer is ready to request h1b1 visa for me and then green card. Can go with that case and still have asylum case? Also i have master degree from USA.
Assuming you are still “in status”, you should be able to do that (an asylum pending case is not considered in status for this purpose). Otherwise, an H1b visa and an asylum case should not interfere with each other, as long as there are no inconsistencies between the two cases. Take care, Jason
Hi Jason,
Do dependents of principal asylum applicant need to file for asylum based EAD separately? Or they can send their applications along with the principle?
Second question, Which way is quicker, filing for EAD based asylum after 150 days or 180 days?
Thank you
Hi SHAHID, I am Jamie.
Based on what I can remember, you can file separately or together- doesn’t matter. You just have to provide the necessary information, documentation (document(s) that prove relationship, copy of your I-94, copy of passport, certificate, state ID, USCIS asylum application receipt with dependent’s info, for example), and ensure that you file at the appropriate time. Most applicants file together; there is no hard and fast rule as far as I am aware. I believe the dependent would also receive his/her own biometric appointment as well. You must also submit two passport style photographs with your A number/name lightly printed on the back of one of the photos.
If you are doing a renewal, in addition to the above, send a copy of the EAD you are renewing (back and front of the EAD). You can also submit the approval letter of the EAD you are renewing.
For your second question. If you are interested in getting your EAD quickly, simply file as soon as you can. No one can predict- though we can guess based on pattern and experience- if filing at the 180-day mark is better than filing at the 150-day mark in terms of when you would get the EAD. I wouldn’t worry too much about that. I would simply file my application when I am eligible to file and as soon as I can.
I recently applied for first EAD and filed all applications (my, my wife and son) together in one envelope.
I heard that many people had to wait long for their initial EAD but for me, it was surprisingly fast. I sent the applications after 155 days and received the card in less than a month! But I haven’t yet received my ssn, hope I’ll get it soon too.
Depending how they got asylum, they should receive it automatically. If they got it at the asylum office, the EAD should come in the mail. If they got it in court, they must apply for the EAD just like the principal (Google “post order instructions immigration court” and you will find what you need). If you have an asylum case pending, you have to file separately for each person. Whether you file after 150 or 180 days, I think the wait time is about the same, so better to file early. Take care, Jason
Hi Jason,
It is going to be 3 years since I had my master hearing in Boston court, and my individual was changed 3 times. Is that normal ? Do you know what can be done ?
Thanks
S.
It is not uncommon, due largely to the disorganized mess that is the immigration system. There is not much to do, but you could file a motion to expedite – I wrote about that on April 20, 2017. Take care, Jason
Dear Jason or any community member,
Do you know how to call and actually talk to somebody in the Arlington office? I call them but I cant find an option in the menu to speak with someone and I dont know any last name of anybody there to talk to.
Thanks for your help
I have not called in years for this exact reason. Try their email – they respond sometimes. Also, if you can, you can go in person any Wednesday morning. If you do that, you will talk to someone, but be prepared to be there for 3 to 4 hours, or more. Take care, Jason
Dear Jason hope you are doing well , I have done my interview on June 15, 2017 and even I had my asylum application on shortlist but I a have never received a decision until now. I emailed to Arlington Asylum Office several times and they replied that your application is in the Headquarters for the final decision. It’s possible to send them inquiry by mail ?
I know of no way to contact HQ directly. You can inquire with the asylum office. Last I heard, the average time at HQ was about one year. Another option is a mandamus lawsuit – we wrote about that on October 2, 2018. Good luck, Jason
Hi Jason,
I appreciate if you let me know about the decision sequence? Is it like this: AO-Supervisor- HQ-Decision. Thanks
I think you cannot predict that. It is probably as you list it, but sometimes, HQ or the supervisor will send the case to the AO for additional questions. Take care, Jason
Dear Jason,
Do you have any opinion about whats going on in Venezuela and the potential repercutions for asylum seekers? They are even calling for TPS.
In my case I have been waiting for 10 months after being interviewed in Arlington. Everyday that passes I get more anxious about this. I dont know how the situation affects my case? Maybe the decision is on hold to see if there is a change in the regime?
If there is a big change in government, many asylum cases will potentially become much more difficult to win, but it depends on what changes and how permanent the change is, and obviously it also depends on the facts of the case. But of course, if country conditions improve, it become more difficult to win asylum. Take care, Jason
Hi Jason,
I am applying first time for the EAD based on asylum and know that there is no USCIS for the first time applicants. My lawyer wants to charge me $ 500 for just filing. I cannot afford it. Do you think filing of EAD complete application following the instructions properly on its own is a wise thing? Thank you
First time Jason did it for me. Second time he shared the form (although the form have some changes in it) with me and I filled it myself. As far you know how to read and write English, you should be good.
It is not too difficult and probably you can do it yourself. The only exception would be if you have a criminal arrest or conviction; otherwise, it is pretty straight forward and the I-765 instructions should help you. Take care, Jason
Dear Jason
It is with great pleasure that I write to notify you and also encourage others waiting that my Asylum approval came today. I want to thank you for all the wise counsel and informative articles that kept myself and many others going.
Applied March 2017, interviewed Feb 2018 granted January 29 2019.
Congrats and welcome to the US of A.
Which asylum office did you file in?
Did you expedite your case
Newark and yes I expedited my case
Congrats Journo, did you notice any change on USCIS web tool after you received the mail, was there any delay updating the tool ?
Hey – That’s my line! So it goes. Take care, Jason
Congrats Journo
Hi Journo congratulations! I have also applied for my case in March 2017 under the jurisdiction of Houston asylum office. I wonder where your asylum case was belong to. Your timeline has just made me hopeful to be interviewed soon. Please share more details to let me learn how your situation has gone throughout the years.
Thank you for the good news – Congratulations and welcome to the US of A! Jason
Dear Mr. Dzubow;
I have a question. Do you currently practice cases on asylum ? I am an iranian christian on a non-immigrant status who is in fear of prosecution in his home country due to the religion. I am in need of legal assistance and looking for an experienced lawyer to accept my case. Can you help me ?
Thank you
I do such cases, yes. If you are interested, you can contact my assistant Sinit and she can give you an appointment: SHaile@DzubowLaw.com. Take care, Jason
I was referred to immigration court last year February in Houston Texas. I hired a local attorney to represent me and my Master Hearing was in January this year and was affected by the government shutdown and I have been rescheduled for August this year.
I would like to move to for Houston Texas to Los Angeles California for a job.
1. Is it possible to move my case from Houston Texas to an immigration court in Los Angeles California and will this affect my Master hearing in August?
2. how long does it take to move a court case from one court to another court?
3. I had already paid my local attorney the full amount for the money we had agreed for him to represent me for the complete asylum case. Should I request a refund of some money since am moving to Los Angeles and thus might need to hire another attorney to represent me in Los Angeles?
4. My attorney had received some documents from the immigration court such as my interview transcript during the USCIS interview. Should I request the attorney for the file or those documents he received from the court?
Thank you for your help
1 – You can move. You can also file a motion to change venue. If that is granted before the MCH, your case will move to the new court. If it is not granted, you will have to attend the MCH or risk being ordered deported. 2 – It depends on the judge. Usually, my experience with TX is that it is pretty fast. 3 – The lawyer can only bill you for time he worked on your case. If there is money left over, he should return it. 4 – You should request your full file and the lawyer is obligated to give it to you. Take care, Jason
Hello Jason! Thank you for great free job you doing for people! My situation is, I applied i-589 on January 2017 and still waiting for an interview. My B1 visa holder wife and my 1 year old US citizen son were dependents in my application. But, on October 2018 I divorced with my wife and on January 2019 I got married to US citizen and we applied i-130, i-131, i-485 and i-765 on February 2019 and I got receipts from USCIS saying next step is fingerprints. Now, I don’t know what to do with my i-589 case. My ex wife have problem in our original country too, she can’t go back like me. Her EAD expires on July 2019. Also, I have to travel to 3rd country on March 2019. I need an advice in my situation. Thanks an advance! God bless you and who you love!
How could you find somebody to marry in just 4 months ?
Your ex-wife needs to file her own I-589, and she should do that as soon as possible, as there may be a one-year bar issue (there is an exception while she was your dependent, but after the divorce was final, she is not longer a dependent and must file as soon as possible to avoid the bar). As for your case, we generally keep the asylum case going until the person gets a GC. I wrote about that on August 8, 2018. If you have Advance Parole, you should be able to travel and return, as long as the AP document is valid (for people adjusting based on marriage, you should get a combined EAD and AO, valid for one year). Take care, Jason
Hi jason,
Wondering how the online system get updated when asylum office mail the decision out, have you got any decision recently and how the online system looks like after this mailing the decision. And how long it takes to update the system?
I posted about this a few weeks ago, but as far as I can tell, the last message is: We mailed your decision. That remains up forever (or at least for a while) after the decision is mailed. Take care, Jason
Is there any one from newyork can u plz share time line of newyork plz jason u tel are they working on lifo or on backlog i applied in 2016 may..
Sorry, I do not know how things are moving in NY. I did a post on December 4, 2018 with some data. Maybe that would give you some idea. Take care, Jason
Dear Respected Jason:
As the EAD is valid for two year, what about the Driving Licesne validity in VA? Is it also for two years or not?
Regards,
You have to contact the DMV, as rules vary. Often, the driver’s license is tied to the EAD, so maybe that is the case in VA. Take care, Jason
Dear Jason:
I don’t know that there is a problem in my mobile or a technical problem in the blog. I am trying to post a question in the blog, but it is not posting, I don’t know why. I tried it in a different email now.
Hi Jason
You saved my life
I just want to say thank you for helping me all times
I read all days your website and I want to share my time line
I applied for asylum in los Angeles office on April 2017
I expedite my case because my wife was in mu country on November 2017
I got my interview on December 2017
They told me my decisions is ready in two weeks but they change it by mail
I make two times inquiry but they told me , because of back ground check I have to wait
And made another hard inquiry and I told I’m worry about my family
And after one week they send my approval letter
And I granted
Jason you helped me more
I have one question
I want to apply I-730 for my wife
I’m from one of ban country
I read about i-730 that you explain it but I can’t understand that my wife because of trump can join me right now or not
Could you please tell me what should I do
I’m from ban country but I granted
Congrats.
I was waiting 14 months for my decision but finally I got it
Thank you God
Thank you Jason
The bad does not apply to I-730 forms, so you can file it and it should work. There have been processing delays (not as bad as a ban, but still frustrating), but you should be able to do it. Congrats on winning asylum in the US and good luck with the I-730. Take care, Jason
Hello Jason,
I applied for asylum and waiting for interview. I have student status and school asked me to renew my passport and I did that( students should have valid passport while they are in us). my home country does not have consular in the US. we have to send our documents with post to a third country embassy in the US for renewal. is this a good reason to explain fo asylum officer during interview if they asked me how I cloud renew my passport?
thank you
We have had people renew their passports and it did not affect the asylum case, but it depends on the case. If you fear the government, you may need to explain why that same government was willing to renew your passport. Take care, Jason
Hi Friends i want to share case status for newark NJ. Applied on 09/06/2017 got interview date latter today
Interview next month
Hi Pal,
did you expedite your case?
thanks
hi Jason
I have a question regardless of the letter of witness I have been consulting all source to guide me for a good and detailed letter.
1 what is the best idea for a person if back home my family got treat verbal and even get beat them because of my me and the thing I published online and in social media, I mean my dad and my grand.
mother
so if I got the letter from them and the proof of doctors and photos from a hospital can I make for expedite interviews or on shortlist, I apply on mid-Jun 2016
I wrote a post about witness letters on August 16, 2012 – maybe that would help. I also wrote about expediting on March 30, 2017. If you get some evidence, you can try to expedite and hopefully, it will work. Take care, Jason
Hello Jason. I hope you and your family are well. I have attended to my master hearing and got a date for individual hearing on February, 2020 in San Francisco. I got my ead card, driver license and I have a lease in San Francisco shortly I live here. But I just want to open a business in San Diego -not will be working there- I will hire people to work. If I get business license or my wife (I am the applicant) would it be a problem for my case because I live in SF. Thank you in advance.
If you live in SF and have evidence that that is your address, it should be no problem. Take care, Jason
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??
Contact the asylum office and let them know about the problem. You can find their contact info if you follow the link at right called Asylum Office Locator. Hopefully, they can reschedule the case and correct the problem. If this remains as it is, they might send you to Immigration Court. Take care, Jason
Hi Jason,
Thank you for your valuable information.
Is it safe for a GC holder based on asylum to travel outside of the US with his/her native passport?
Thank you in advance.
Asylee, I am not Jason. Jason will respond.
I know you might have been told by green card holders, or even naturalized citizens, based on asylum status, that it’s safe as they did it and experienced no problems (I myself know some LPRs and naturalized citizens who were once asylees who used their national passport and never encountered any problems with USCIS). However, this is a game of Russian roulette: You might not be as lucky as those who did it and encountered no problems.
Chances are, traveling with your country’s passport may become a problem several years later- perhaps when you are ready to apply for citizenship.
Furthermore, do not underestimate the current anti-immigrant climate we are now in.
The law and the USCIS manuals forbid you from using your country’s passport to travel- even if you have adjusted status to that of LPR from asylee status. According to the law and USCIS, you would be essentially availing yourself of the protection of your government by merely traveling with your country’s passport. After all, the definition of a refugee is “any person who is unable or unwilling to avail him/herself of the protection of his/her country of nationality or habitual residence because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion.” Thus, and rightly so, the US government may accuse you of asylum fraud/frivolousness and initiate asylum termination/removal proceeding.
Think about it… Let’s say you travel overseas with your country’s passport as an LPR and there is an emergency overseas. Which government’s protection do you think you’d be under? The government that issued you the passport you traveled on, of course!
Of course, you may have been told that if you didn’t fear your government, or the government wasn’t the persecutor, then you should be fine. This is not true. The law/manuals expressly say that you should avoid traveling with your government’s passport as you could be accused of availing yourself of the protection of your government. They don’t make a differentiation, for the purpose of applying for, or traveling with, your government’s passport, between your actual government persecuting you and private citizens persecuting you.
Though it’s not the most convenient route/choice, the US government is, according to the INA and the refugee convention, supposed to provide eligible refugees, asylees, and those asylees/refugees who have adjusted to lawful permanent resident status, with a refugee travel document to facilitate their temporary travel abroad.
Hi,
Although your comment is valid, I’ll give you a real life experience. I actually do not have a passport from my country and they won’t issue one to me. Being an Asylee LPR, I travelled with green card and re-entry permit (I got it since it’s issued for 2years). While coming back, I showed the documents to CBP, and the officer started to ask me why I don’t have a passport. I told him but he said that I should not travel without passport and next time I should apply one from home country embassy. He said that he will let me in “this time”. Now if you legally look at the situation, an LPR only needs his green card to re enter, nothing else. The travel document or passport is for airlines and other country’s immigration officer to stamp. But CBP still demands passports from LPRs although it is clearly NOT a required document. You can check their own website and it says what I told you. So in other words, law and practical experience can be different. So I always tell people, in case of immigration, you can read others experience and learn from it, but your mileage may vary !
IRAM L, thank you for you responding.
The CBP officer was just being a jerk or just plain ignorant of the facts. You are not legally required to present a passport to the CBP officer if you are an valid green card/refugee travel document/re-entry permit. In fact, what the officer told you is wrong. The immigration officer cannot deny you admission because you didn’t present a passport from your country of origin if you are presenting a valid travel document and green card. Do not allow his ignorance to set you up for failure.
Does the officer know that you are an LPR who adjusted status from asylee?
The officer should have told you to get a refugee travel document instead of telling you to apply for your country’s passport.
Not able to get your government’s passport is irrelevant as asylees, and asylees who adjusted status, can get a refugee travel document/re-entry permit.
I agree that in theory, or an paper, the law/manuals may appear different than in practice. You should, nevertheless, follow the law as it will always be on your side if push comes to shove.
P.S. I don’t know if the law says you can’t apply for your government’s passport and use it, but what I do know is that every time you travel and return to the US as an asylee or adjusted asylee, you will be evaluated each time time yo attempts to re-enter the US/apply for an immigration benefit.
Hi Jamie
I absolutely agree with you but the reason I say that the mileage will vary because the laws are applied very inconsistently. Like I stated, I know for a fact that passport is not required for entry as an LPR, yet every single time I entered, I presented only the GC as required by the rules. Each time I get asked (in the usual CBP stern voice) to show my passport. I present the RTD or RP. Some CBP officers didnt question it but one guy pestered me about it like I mentioned. I always feel like telling the CBP that I have presented my GC and that is the only required document but as you know it is not a good idea to argue with these guys. They are on a power trip and I have myself seen them harass native born citizens as well. So CBP and USCIS are completely inconsistent. I had one instance in which I tried to enter with only a Re-entry permit and no GC (which again is a 100% valid method of entry per the CBP website). My GC needed correction and I had filed an I-90. I got sent to secondary for not using proper document.
I agree, and often times the CBP officer do not fully know the law. Take care, Jason
IRAM L, I agree with you about the officers using their power to intimidate and unnecessarily harass innocent people who just want to go about their ways. Knowing me, if and when I decide to travel, I am certainly printing the most updated laws and manuals and take them with me so I can present them to the CBP officer in a most polite way. He/she may not be amused.
Maybe, but it is far better to get the Refugee Travel Documents, available at http://www.uscis.gov. If you must do that, you should be prepared to explain why you traveled using your passport, if you are asked. Take care, Jason
Hi Jason,
Thanks for your reply. Yes he didn’t know the law or didn’t care but he isn’t the exception. He also threatened me that he was letting me in “this time” although the law is clear that LPR should legally be always allowed in the country unless they sign the form giving up their GC. All the CBP can do is to refer them to the Immigration judge. But unfortunately that’s not how it works in reality as you very well know! I am sure your clients have had issues with CBP not consistent with the law.
Jamie – Yes you can print out the laws and show them but a friendly advice – it is not the most ideal thing to do. They would send you to secondary and may put “notes” on your account that you may get pulled aside each time. You will be let in but it would cause you a hassle. I know a native born citizen (older native born white gentleman so no race or immigration issues here) who gets pulled aside each time because he had an “issue” and argument with the CBP back in the 80s about some food item. I have travelled 9 times now and each time I use the kiosks and present only my GC, I get asked for passport. By the way, the kiosks let you scan only the GC and grant you entry but the CBP officer who does check #2 is the one who asks.
Hello Jason,
I have a pending asylum since 2015, and I have a pending I-485 that was submitted last year base on marriage. I got my Asylum interview notice scheduled for today, and I did go for the interview. However, the Immigration officer told me she will not be able to proceed with the interview that I have a pending I-458. She said I will have to cancel one of the applications. What do you think? Do you think this is right?
Hi,
can you share your timeline and the office you applied for asylum? did you expedit your case?
thanks
Application August 2015. Interview notice January 2019. I didn’t do anything special
In which office did you apply? It looks like the backlog is moving on, I have applied in August 2015 in Miami, moved to Atlanta in 2017 and got interview notice in February. The interview will be in mid-march.
That is new to me, and I suspect she may technically be wrong. But if that is what they tell you, you may need to make a choice. I would ask to speak to a supervisor to be sure, and ask for the legal authority that requires you to cancel one application or the other. Maybe there is something, but I do not recall. Also, you might talk to a lawyer to help you decide. Take care, Jason
I would suggest all of the readers that they get an account on USPS website and register for Informed Delivery service. It is free and any mail once comes into the USPS system, is scanned and you get an email with the scan of the mail to your mailbox/address. In this way, you are better informed about the letter from USCIS which all go through USPS. As Jason recommended, I have registered for it and it works great. This can at least take off the fear of losing your correspondence from USCIS.
I have this option. And recently my lawyer received letter about my master court hearing (it was 2 days ago) and I did not receive anything. Such important document got missed. I’ve asked USPS workers about it, but they are saying they cannot do anything about it.
Normally, if an immigrant is in court and has a lawyer, the court sends all notices to the lawyer; not to the immigrant. Take care, Jason
Decision is pending for a background check
Does it mean a recommended approval
Best regards
All cases undergo a background check, and I think this is standard language that does not indicate anything good or bad. Take care, Jason
Hi Jason,
I know the EAD clock given in the online tool is not correct. However, the clock mentioned in the official letter should be correct. On the interview notice paper that Arlington sent to me, the EAD clock was not correct. I called the USCIS customer service, however they told me Asylum office is responsible on my case. Besides, Arlington Asylum is not responding my requests. Do you have any suggestions,
Best
The online clock seems to be working. If necessary, you can go to the Arlington office any Wednesday morning to ask about this, though that is a pain. Maybe try emailing them and hopefully they will respond. But check the USCIS web page first. Take care, Jason
can you please tell me how long you have been waiting until you got the interview notice in Arlington office
Dear Respected Jason:
I told you about my EAD that the status was changed. Fortunately, it is changed to this msg yesterday evening,
“ New Card was mailed to me”
On February 13, 2019, we mailed your new card for your Form I-765, Application for Employment Authorization, Receipt Number SRC1990181790, to the address you gave us. If you do not receive your card by February 28, 2019, please go to http://www.uscis.gov/e-request to request that we send your new card to you. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
I have just 3 questions please, which are really important to me:
1: Will I receive my SSN at the same time with my EAD ? I applied at the same time for SSN with EAD
2: Regarding the msg in the status, is my card on the way to me right? And it is produced?
3: as long as I get my actual cards, can I start working? Or there is any other steps to be taken.
Thank you so much
Regards,
Sangar
I am really sorry for repeated comments, there was a problem, I was unable to comment I don’t know why. I am really sorry once again for repeated comment.
No worries, Jason
1 – If you requested it with the EAD application, you should get it soon. 2 – The messages are not always clear – you may get the card in a few days, but it might also take a week or two. 3 – Once you have the EAD and the SSN, you should be good to go. Take care, Jason
Mr. JASON DZUBOW
I am Asylee derivative and i have yy visa to enter USA and i am not resident in my country but i want to travel from my country can i travel to my country before going to USA or not .
thanks a lot
I do not exactly understand the question, but in general, asylum derivatives are not affected if they travel to the home country. I suppose it could potentially be a problem depending on the principal applicant’s case (did the principal indicate that her whole family has a problem in the home country? If so, it would be strange for you to go there). Maybe it is best to skip the home country and visit later, but if you need to go, I think the changes of having a problem with US immigration are low. Take care, Jason
Hello Jazon!
I have applied for asylum in August 2015 and i am still waiting for the interview, now I’m about to get married and my wife to be is a us citizens, my question is i applied for asylum in San Francisco office, and I’m getting married in Los Angeles, and I’m moving to Los Angeles, do i need to change my address with the asylum office? Or just leave it, because I’m planning to abandon my asylum case once i get my greencard through marriage
You need to change your address with the asylum office (use form AR-11, available at http://www.uscis.gov). If you do not, you might miss the asylum interview, which will probably land you in immigration court. If that happens, the marriage case will get more complicated and, if you need a lawyer, more expensive. Better to avoid that and change the address. Plus, it is required and failing to do so could possibly have a negative effect on the marriage-based case. Take care, Jason
Thank you jazon, i’ll cha My address, so my asylum case will be transfered to Los Angeles office?
If you change your address, the case should automatically move to the new office. Take care, Jason
Hi Jason,
A quick question, I am in the backlog and want to move to a different state. I want to know how much does this really affect my case in term of waiting time? I know there are some offices processing cases faster than the others, but how much would be delay if i move into a state which supposed to be slower in processing of asylees cases.
THank you,
I doubt the move itself would cause much delay. The problem is, since they eliminated the Scheduling Bulletin, there is no queue, so we can’t really say that when you move, your case will keep its place in the queue. I think it does, but I have not heard about that officially. Take care, Jason
Hello Jason,
Thank you very much for you time and helping many people like me navigate the complex system of USCIS.
Anyway, I have asylee status and I will file for my green card in August this year. I don’t know how long it’s gonna take to process it but I plan to travel 2 different countries during Christmas break. One country is in Europe and another in Africa.
1) Is it wise to travel before receiving my GC or i should just wait for the GC first?
2) Do I have to explain to the USCIS the reasons why I will be visiting each of these countries?
3) How long does it take to process the refugee travel document ? GC?
Thanks,
G
1 – It shouldn’t matter – you can get a Refugee Travel Document (form I-131, available at http://www.uscis.gov) and use that to travel. 2 – No, as long as you do not go to your home country. 3 – The RTD is probably 4 or 5 months. I think the GC is about a year. You can check the processing times on the USCIS website. They sometimes resemble reality. Take care, Jason
As an Irish asylum lawyer (not the one interviewed for this study!), this is spot on.Thanks for sharing it.
At least you can comfort yourself with a Guinness. Over here, we are stuck with Coors Light. Ugh. Keep up the good work, Jason
Me and my wife entered US on B1/B2 Visa and have US born son. I wanna apply for Asylum based on future prosecution but my wife dont want to be on the case as she doesnot have any fear right now. If I apply for asylum and my wife goes back, will my pending asylum application effect my wife Visa or when she wants to visit US again the immigration officer will deny her entry or ask question about me or my asylum application?
My US born child will have any positive or negative effect on the sylum case if I prove he might get effected because of my future prosecution.
It could be more difficult for your wife to return if you seek asylum. She could be denied entry at the border. If that happens, she could seek asylum at the border/airport and likely be detained, at least for awhile, or she could just get on a plane and leave. If she needs a new visa, there is a good chance that it will be denied due to your asylum case. I do not see how your asylum case would affect your US-citizen child. Take care, Jason
Hello there! Do you think it’s safe to travel with the travel document only (outside of US) while waiting for my green card? I’ve heard before that I should wait for GC before traveling as the customs is smoother, rather then going with travel document only. Is that true or it doesn’t matter really?
If you have the Refugee Travel Document, you should be able to travel using that alone, and you should be able to enter the US with no problem, as long as it is not expired. I have not heard about people have problems traveling with the RTD. Take care, Jason
Hi Jason, I hope you are doing well
As I commented a few months ago, I am an asylum applicant who is also pursuing an EB2 Green card via sponsorship. I have applied for asylum in August 2015 in the Miami office and moved to Atlanta in 2017. My EB2 process is going well so far. Recently, I got PERM approval and we are about to file concurrently, I-140 and I-485. I know you’re skeptical about AOS for asylum seekers, but company’s attorneys say it’s possible using the out-of-status due to technical reasons argument to avoid that bar.
Surprisingly, I got the asylum interview notice for mid-March. I have a strong case and confident about getting approval, however, we will file EB2 before the asylum interview happens.
My question for you is, if for any reason EB2 Green card is denied, can it jam the asylum process or green card through asylum?
The exception they are relying on (essentially, that the asylum case delay is the “technical reason” you went out of status) exists. Whether USCIS will accept that, I have no idea. Hopefully, they will. Please let us know, as that would help others. I do not think an EB2 denial will hurt the asylum case, unless there are unexplainable inconsistencies between the two cases. However, if the interview is only a month away, I wonder if you are better off waiting to see what happens before filing to adjust status. If you win asylum, you will be in status, and so there should be no issue with adjusting based on EB2. That is more of a strategy/money question, but it is just a thought. Anyway, assuming you go for the EB2 adjustment, please do let us know how it goes. Thank you, Jason
As you say, it is about strategy. If I don’t win asylum, the “technical reason” argument is not valid anymore because USCIS already took a decision. After I file EB2 adjustment, I will be under “technical reason” again, this time waiting for USCIS to authorize the adjustment of status.
Several conditions are necessary to use this argument: 1. Enter to the US legally in an entry port. 2. File asylum application while I-94 is valid (typically 6 months). 3. Not have worked illegally (including dependents). 4. At the time of introducing I-485, there should not be a negative response to the asylum case. I will update you with both, asylum and EB2.
Hi,
My husband is exactly in the same situation as you, that would be appreciated if you update us with the result.
Please do – Thank you, Jason
Dear Jason,
My case is pending decision for 5 months and I inquired the status of the case. Two months ago, they said my case is pending background check. This month, they replied my case is with my interview officer to finalize decision. But they can not give specific dates for the final decision. What does this mean?
I do not have much confidence that these different answers have any real meaning, but if they do, hopefully, it means they will issue the decision soon. Take care, Jason
Hey guys!
Today USCIS updated the pending days of the case. Previous month my pending days is 183, today it became 217. Maybe they are updating every month, not everyday.
Hopefully, they are fixing the problem. I think it should probably update every day. Take care, Jason
Hi Mr. Respected Jason:
I have a question, which is not related to the current article.
Can you please give us a clue that how to appear in an interview? Is it important to appear professionally with a tie everything in order to show some respect and professionalism to the officer ? Or it doesn’t important to be either professional or not.
On July 22, 2010, we posted an article about this. The short answer – dress respectfully. Probably you do not need to wear a tie, as most people don’t (I do, even though I hate ties, but I am a lawyer, so it is par for the course). Take care, Jason
Hi Jason.Is it true that asylee must has interview to get green card?I heard it is a new role..
Hi Sam,
I am not Jason. Jason will respond.
There is a USCIS memo which states that some derivative asylees will be interviewed. My impression is that majority of the follow-to-join asylees (consular processing derivation asylees) will need to do interview as part of their I-485 application. The memo isn’t clear as to whether derivative asylees, those who are granted asylum in the US along and were present at the interview with primary applicants, will need to do an interview.
Bear in mind that USCIS can call anyone applicant for an I-485 interview if there is something in your application that needs clarification or an explanation.
Usually, primary applicants are not called for an interview. I adjusted status (I was an asylee) and wasn’t called for an interview (thank God). I don’t know anyone, derivative or primary, who was called for an interview (I know quite a few people who adjusted status from asylee status) unless there is something in their application that needed an explanation/clarification. This doesn’t mean you won’t be called for an interview, though. Every application is different. You should be prepared in the event you are called for an interview.
Correction: “…consular processing DERIVATIVE asylees”**
OK, this response is better than mine, but I tried. Thank you, Jason
🙂 Jason
I am a primary applicant and I was called for interview for I-485. I read online that they don’t call people usually but they did call me. There are some other people who got called too. Not sure what triggers the call. My lawyer told me that it could be something in the application or it could be random. Thankfully my interview was simple and I was out in less than 5 mins with approval. No asylum questions. But it was a scary and uncertain situation when I got the letter asking me to come.
I think generally they are not calling principal asylees, but these days, there is very little certainty, and it may be just one (of many) random events from USCIS. Anyway, glad it seems to have been no problem. Take care, Jason
That is supposedly true for derivatives, but I have not heard about it for principals and my clients have not experienced that, as far as I can remember. Take care, Jason
Jason, very interesting piece! I have never looked at it like this.
Just a quick question. Can a primary asylee adjust status before the derivative asylee?
One of the requirements for the derivative asylee in terms of applying for adjustment of status is that the primary asylee must continue to meet the definition of a refugee. In light of Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017), where the BIA ruled that an asylee’s status is terminated once he/she adjusts status to that of LPR, how would the primary applicant continue to meet the definition of a refugee if the asylee/refugee status is terminated because of an adjustment of status?
The BIA relied on a previous ruling (Matter of C-J-H-, 26 I&N Dec. 284 (BIA 2014) as well as its its interpretation of INA §209(b).
The aforementioned requirement is also mentioned, though not lucidly explained as it relates to primary asylee adjusting status, in the USCIS Policy Manual ( Volume 7 – Adjustment of Status-Part M): “If a principal asylee no longer meets the definition of a refugee and his or her asylum status is terminated, then a derivative asylee is also no longer eligible to adjust status.” The manual also explicitly says: “A principal asylee who has naturalized no longer meets the definition of a refugee. [6] Therefore, once the principal has naturalized, a spouse or child is no longer eligible to adjust status as a derivative asylee because they no longer qualify as the spouse or child of a refugee.” The “naturalization” requirment is absolutely clear; however, it’s not say clear when it comes to the primary asylee adjusting status before the derivative asylee.
If the derivative is no longer eligible to adjust and he/she has to do a Nunc Pro Tunc asylum application, would the derivative have to do the same kind of interview and or application that the primary applicant did?
What are your thoughts?
I have never seen that problem for a derivative where the principal adjusts status (I have seen it several times where the principal naturalizes). I think USCIS does not consider an asylee who adjusts status to have lost her refugee status, and so I think this is not an issue, at least it has not been for any of my cases (and this scenario is pretty common, as many cases exist where the principal received asylum months or years before the derivatives). However, these days, USCIS is looking for ways to cause trouble, and so your point is well taken – maybe it makes sense for derivatives to adjust status first. I have no plans to change my practice about this, as we have never seen it as a problem, but I will at least look out for this, and if it changes, I will change how I do things (and try to post something here). Take care, Jason
Jason, thank you for your response! Hopefully they keep it as it is 🙂
This must be one of the most difficult jobs on earth. Not many people can do this. There must be something grand that meager human beings can’t understand someone’s choice to practice asylum law over M&A or securities law. I really wish to help people especially domestic violence victims, but I just couldn’t because I can’t handle the stress. So, Jason, I simply admire and respect your and your colleagues’ courage, strength and fortitude.
Thank you – My ideal profession would be to own a video store, but since that is out of fashion, I have to do this (what can I say, I like movies). Take care, Jason
😊.