The vast majority of Immigration Judges, DHS attorneys, Asylum Officers, and USCIS officers are professional and respectful. But what if they are not? What do you do then?
First off, I think it is important to understand that the bad officials are a small minority. I’ve been to many interviews and court hearings, and I’ve only ever made one complaint (against a USCIS officer at a Green Card interview). In other words, at least in my experience, government officials in immigration-world are generally pretty good.
Now admittedly, I am a lawyer and I know my clients’ rights and what to expect from “the system.” Pro se (unrepresented) applicants may not receive the same level of respect. They are easier to abuse, and it is more likely that decision-makers will cut corners in cases where the applicant is unable to protect herself.
That said, I am also involved in the BIA Pro Bono Project, where I review a dozen or so unrepresented appeals cases each month. I see the transcript of the Immigration Court case, and I can read how the Immigration Judge and the DHS attorney treated the applicant. While it is fairly common to see Judges and DHS attorneys moving quickly through a pro se hearing, it is also common to see these same officials taking extra time to ensure they are properly adjudicating the case. Once in a while, I see a case where the Judge steamrolled the proceedings to reach a quick decision, but that is the exception. In most cases, even those that were adjudicated quickly, the outcome seems fair, given the available evidence and testimony (one big caveat – many of these pro se cases are not well developed and are lacking in evidence. This is because the cases we review are for individuals who are detained. If these people had access to a lawyer and could better prepare their cases, many—even most—would achieve a better outcome).
While outright hostility and rule breaking seem quite rare, adjudicators can sometimes be testy, intimidating or unfriendly. What to do if you have the bad luck of encountering a hostile or impolite decision-maker?
The first thing to do is to remain calm. The demeanor of the decision-maker is often unrelated to the outcome of the case, and we have seen examples where an unfriendly officer issues a positive decision. Remember too that this person is not someone you will likely ever encounter again in your life. All you want from him is a favorable decision. Even if your experience at the interview is unpleasant or frightening, that won’t matter much if the case is granted. If you can keep your cool, answer all the questions, remain polite, and not lose your composure, you increase the likelihood of a good result. Getting angry, or arguing with the decision-maker is unlikely to get you the decision you want.
Second, make your record. This means, if you have something that you think is important to say, you should try to say it. In other words, don’t let an aggressive officer or judge intimidate you into silence. Court hearings and some USCIS interviews are recorded. Asylum Officers are supposed to write down everything you say (and if they do not write down what you say, you can complain to a supervisor). Even if you are ultimately prevented from saying something, if you indicate that you had something else to say, that exchange might be reviewed on appeal (or by a supervisor) and could result in a new trial or interview.
In making your record, you can be explicit. You can say to the judge or officer, “I think you are treating me unfairly because you are not allowing me to talk about X.” Say this politely and calmly, and it might soften the decision-maker’s stance. Say it aggressively, and you will likely harden the decision-maker’s position. I remember one case where the DHS attorney seemed (to me at least) to be taking a very aggressive position towards my asylum-seeker client. Finally, I simply asked (politely) why DHS was so opposed to asylum in the case. The attorney explained his motivation, which helped me better understand the case, and ultimately, the client received asylum.
Third, especially if you are unrepresented, you should write down what happened after the interview or court hearing. When things go wrong, it is important to try to understand what happened, and the more information you have, the better. If you write down what happened immediately, the information is more likely to be accurate. This will be useful if you later want someone else, like a lawyer, to review the case. It is also important if you need to make a formal complaint against the decision-maker.
Finally, if you feel you were subject to unfair treatment, you can make a complaint. Different forums have different procedures for complaining. For example, if you are with an Asylum Officer, you can ask to speak with a supervisor. You do this during the interview itself by telling the Asylum Officer that you would like to speak to a supervisor. For an Immigration Court case, you would typically contact the judge’s supervisor (called the Assistant Chief Immigration Judge) after the court hearing, or–more typically–you would just file an appeal to the Board of Immigration Appeals.
Periodically, I receive decisions that I think are wrong or unfair, but my clients have never been subject to treatment by an Asylum Officer or Judge that warranted a complaint. I did make a complaint once about a USCIS officer. I spoke to the officer’s supervisor immediately after the interview, and then sent a written complaint directly to the supervisor. I do not know whether the officer herself was informed of the complaint (I never saw her again), but I do know that my client’s case was approved in short order.
Most Immigration Judges and Asylum Officers are professional and respectful, and so hopefully, you will never encounter an official who is treating you unfairly. But if you do, keep calm, remain respectful, and politely make the points you need to make. This is the best way to maximize your chances for a positive decision.
Hello dear Jason! I hope you are doing great! I have a pending asylum for the last almost four years. I had a J1 visa by the time I entered to the US but now I have no other legal status. I just got diagnosed with Polycytemia Vera last week. I am going through a lot these days. I need to live in this country because there’s no proper treatment available in my home country. Can you please tell me if there’s any kind of visa for people like this ? Can I marry someone and get the two years home residency waived for the reason that I am sick. Can I get a green card if I apply for disability?
Please help!
First, you could use your health condition to try to expedite the case. I wrote about that on March 30, 2017. We just did that for someone with leukemia and he received asylum quite quickly (though be aware that the expedite process is very random). As for the J-1 waiver, I do not know much about those, but I would think your health condition would be a factor. Also, your fear of persecution is a factor – there is often a lot of overlap between an asylum case and a J-1 waiver case. If you have asylum and get a public benefit (and I do not know if disability counts as a public benefit), there is no effect – I wrote about that on September 24, 2018. I do not know whether that would affect you if you did the J-1 waiver and applied based on marriage. Talk to a lawyer about that to be safe. Take care, Jason
Thank you sir for your reply! One last question is that do you think that my health condition would have any (positive/negative) impact on the asylum decision outcome?
It could. For example, in our case where the person had leukemia and faced time in jail (for political reasons), we argued that he would not get the treatment he needed, and we submitted evidence of other people with health problems who died in jail. So perhaps the health condition is relevant to the asylum case. Take care, Jason
Thank you! I appreciate your kind help!
Hello Jason,
I have searched a lot the memo released last year by USCIS regarding asylum applicants with valid student status. However, I could not find. The Memo says if students with valid status apply for asylum, they become out of status. Therefore, I request you to share that the link for the Memo. Secondly, do you have any evidence of or heard of practically applied by USCIS recently?
Thanks
I do not have a link to the memo. I read it last fall, and it really was not very clear (at least to me). I think the point was that F-1 students are considered in status unless the case is denied, and then they will be referred to court. However, whether this is actually happening, I do not know. Take care, Jason
Hello Jason,
I have completed my asylum interview in Chicago, the AO told me at the end of the interview that if I don’t receive the decision in 6 month I should have my attorney call the asylum office. is this an indication of anything, based on your experience?
I do not take it as a sign of anything. Cases are often delayed, and maybe the AO says that as a matter of course so that hopefully cases will not disappear and wait for too long. Or maybe they AO is just trying to avoid any inquiries before 6 months. Anyway, hopefully you will get something good soon. Good luck, Jason
Hello, Jason.
Thank you again and again for all the help.
I usually just read (and honestly, admire not only the helpfulness, but also how good written your articles are), but this time I have a bit self-serving comment:
If you have time, would you please advice on I-730 matter.
I was granted asylum in March of last year and filed a petition for my husband in June. He is in US with me and had a separate asylum case (which I hope we will close when he gets relative-based asylum). They transferred the I-730 case back and forth between offices and last week I got a notice that it got transferred again – to IASB office.
But in this alert https://www.uscis.gov/news/alerts/processing-change-certain-form-i-730-petitions it says
“Form I-730 petitions filed by persons granted asylum will not be affected by this change”?..
(The change being IASB now processing asylee relative petitions).
Should I worry that this transfer was made by mistake or no?
If somebody had a similar experience – please do share about it.
Thank you in advance!
I have not seen that happen, and so I am not sure. However, generally, the transfer notices seem to have no real meaning. USCIS moves cases around depending on work load, and I do not think you can take the moves as a sign of anything (good or bad). As long as the case is within the processing time, there is not much you can do. If it is outside the processing time, you can contact USCIS to inquire. Take care, Jason
I am just worried that they transferred to the International office mistakenly (since the memo says asylum granted petitions are not affected by the change) or even mistakenly will send the case overseas and more time will be wasted.
But thank you.
There is no harm in contacting USCIS if you are worried about this. You can find their phone number at http://www.uscis.gov. Take care, Jason
Dear Jason,
My wife recently returned using an Advance Parole. Today, I was filling out the form I-765 and needed to enter her status and when checked her I-94 online and it shows her status as “CH” and on her passport, it is written as TPS, but my wife’s country does not have TPS status. She is a dependent on my asylum application. What status should I enter for in form I-765?
If she last entered using Advance Parole, you can probably put “paroled” as her status. You can also put “asylum pending” if you prefer. We have used both (and also “B-2 expired”) and it all seems to be ok. Take care, Jason
Hi Jason and everyone on the forum!
I’ve been MIA for a while taking care of personal business and just waiting time to pass.
The ones that are familiar with me knows I was in the last bracket basically who had an interview scheduled by the old system.
Timeline refresher:
Eastern European couple applied based on LGBT minority discrimination and government oppression.
Applied affirmatively 06/2015
Asylum interview 12/2017
Court referral and MCH 06/2018
Individual hearing set 09/2020
However, since the system changed, one of our friends applied, same nationality, political reasons.
His timeline:
Applied for asylum 09/2018
First interview, no translator present 11/2018
Rescheduled, 2nd interview 12/2018
MCH set for 03/2019
He came as a waived tourist just like us, eventually overstayed the 90days..the asylum office is not likely to conduct interviews on this category. They get referred to court. (this is what our first attorney failed to take into consideration and likely caused delays by not filing our case directly to the court.) Most attorneys doesn’t even know about this exemption so I guess it is what it is.
Now 1.5 years to go and hopefully to get our asylum granted.
I am a bit disappointed that now everything seems to move faster while they took away 4 years of our lives already and living in uncertainty.
I’m wondering if he will get a sooner individual hearing too or the courts are not affected by this speed up of the new system.
I mean he totally deserves everything and I’m rooting for him but I also think it’s rather unfair.
Otherwise we are doing fine, the ignorance reached an epidemic in my native country as the government further pushing their propaganda which just strengthens our case. But the waiting is challenging and put a lot of pressure on everyone involved.
I am also somewhat relieved we didn’t end up in the “limbo bracket” when LIFO system changed and at least we have something solid to hold onto.
Have a wonderful day and I’ll be checking in later!
I remember your case (especially the 90 thing) and I hope you are well. New judges are being added, and so sometimes, case dates are changed and become sooner. I doubt a case next year would be made any sooner, though. You can ask to expedite the court case – I wrote about that on April 20, 2017. Take care, Jason
Hi Jason ! Hope everything is going well for you.
I have Individual Hearing in two weeks in NY.
So I wanted to know if you have any tips how to be prepared for that, because this is life changing day. How do i need to answer, how to behave etc. One thing to let you know that i have a lawyer, but since 3 years I’m following you, you been the only help.
I really appreciate your time and effort .
Take care Jason .
Hi L.F.!
I remember you from the old days 😄
So exciting having your “big day” soon!
Ours will be next September (meh)
Although I’m not Jason, therefore my comment is solely for personal advice, here are a few things I’ve read or my attorney told me:
-Get a good nights sleep and arrive rested
-Wear something formal but also not too diplomatic for the occasion
-Only answers when they ask you and don’t answer if you’re uncertain, simply say “I don’t remember” or ask for rephrase/explanation of the question.
-Respect the judge and the DHS attorney, address the judge by their title “Yes Honor” etc.
-Stay content, positive and on track with your testimony.
-Be vigilant and don’t let them confuse you
-Be up to date on important events/incidents/dates throughout your story and match your statement (it will be extremely hard for me because I intentionally have been blocking out traumatic events and most incidents happened 10+ years ago where things can fade)
-Be yourself and don’t give up, you got this!
(Strictly personal opinion)
I think Jason wrote an article on this a while back.
I wish you good luck and please let us know how it went!
I did a post about asylum interviews on September 8, 2016 that – to some extent – applies to a court case. Otherwise, you should practice with your lawyer and make sure to discuss how you will respond to any potential problems in the case. Good luck, Jason
Hi Jason
I had my interview in Chicago asylum office last August but they didn’t answers me yet I have 2 questions first if I want move to another state that what could happens because I find job there so does my case will move to another state or Chicago still will issue my decision
Second question how long could take the decision in Chicago did you have any cases there and got the decision it have passed 8 months from the interview until now. Thank you
Hi Mustafa,
I hope Jason will correct me if I am wrong, but:
1) When you move and change your address with your Asylum Office (which you are required to do) – they will move your case to the new location (but your “waiting time” should not be affected by that).
2) It’s really hard to tell now, especially after they removed the reference table of processing times for each office.
Personal experience: I applied in June 2014, was interviewed in May 2017 and got an approval in March 2018.
Stay strong and good luck.
I agree – but just be careful about moving a case to a new asylum office before you have the EAD. If the move stops the asylum clock, you will not get an EAD, at least not for a while. Take care, Jason
8 months, still waiting for a decision.
What may be going wrong?
I don’t know it’s gonna take so long time seems like that
Unfortunately, such waits are pretty common. You can contact the asylum office to inquire about the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hey,
Can I expedite interview if my employer submit a paper saying that I need GC for my work and also I need it for studying at university for future promotions? It’s kinda nice to have Master to become a manager
I wrote about expediting on March 30, 2017. You can ask for any reason. I think your reason is not as strong as some (family separation, health problems), but it is legitimate and you can try. In my experience, the expedite requests are a lot of luck, so maybe it will work. And there is really nothing to lose if they say no. Take care, Jason
My own experience with asylum officers is like yours; most very polite and professional, only a few rude ones. The rude ones, I find, are often trying to cover up or compensate for their own incompetence and lack of preparation. I’ve never encountered an officer who was both rude and good at his or her job.
I wanted to ask a routine question about biometrics. I recently filed affirmatively for a family of five, and got back biometrics notices which will have these poor folks going into the ASC three times over the course of three days. Bad enough that they got rid of the two-week biometrics window for asylum applicants, but this is ridiculous; I would think it would be a waste of USCIS’s time as well as my clients’. We could send all the notices back with the boxes checked to request rescheduling, but for all I know that would just result in even more spread-out appointments. Do you see this happening to your clients, and do you know any good ways to have USCIS change the appointment to do everyone at once?
I agree with that observation: It is rare to find a rude officer who is also good at the job. As for biometrics, I have not seen that problem, at least not recently. The application support centers are usually pretty flexible, though. Maybe if you send them all on the first day, they will do everyone’s biometrics. We have had pretty good luck with things like that, but they may also refuse. My thought is that this will be easier than rescheduling (and potentially stopping the asylum clock). Take care, Jason
Thank you! We’ll try it and see what happens.
Jason, from personal experience, I am not sure if it would cause any problems as long as they do the bimoetrics. I had a similar experience and I explained to the person doing the biometrics that I was early (showed up before the time and day as I wasn’t able to go on the scheduled day/time) and she told me that once I do it before the deadline it’s fine. I suppose it depends on who is conducting the biometrics.
That has generally been our experience too – they are pretty flexible, but you never know. Take care, Jason
Hi Jason and All Asylees,
I really appreciate the wonderful job Jason has been doing to help asylum seekers!
May GOD Bless You!
Your page is indispensable as it enables asylum seekers access the vital and latest information about the complex asylum process. It is inspiring to have such a good people like you in this difficult time.
I applied for asylum based on fear of persecution due to political activity.
My asylum application has been pending since November, 2016. Currently, I am planning to renew my EAD which will expire in August, 2019.
For (c) (8) eligibility category applicants, the new USCIS Employment Authorization Application Form (USCIS Form I-765) asks if a person has been arrested for and/or convicted of any crime. If a person answers yes to this question, the form instructs about providing court dispositions.
A few years a go, I was unlawfully persecuted and detained in my country for peacefully demonstrating against a dictator regime. There was no conviction or court hearing during that time and I don’t have any court disposition.
Considering all of these information, what shall I answer to the previous question on the new USCIS Form I -765?
In addition to Jason’s response, I kindly appreciate if any asylees with a similar case or more information could reply to me.
I look forward to hear from you soon!
May GOD Bless You All!
Thanks!
I read a lot on your blog which was really very informative and thus I plead seek your professional advice.
I applied for asylum In October 2018 and subsequently been refered to immigration court after my interview with the asylum officer.
I realised that some details were omitted from my i-589 form. (Affidavit)
Is it possible for me to write additional affidavit that is adequately detailed as to reflect my asylum claims ?
At what time can I submit the amended i-589 if possible?
Are there any risks involved ?
You can do that, but you should explain why the info was missing or incorrect. Typically, the court has a schedule for submitting evidence, but you can do that at any time, for example at the first hearing (the Master Calendar Hearing). For a court case, it is much better to get a lawyer. If you plan to do that, let the lawyer help with all this, as lawyers hopefully know what to do. If you cannot afford a lawyer, i did a post on September 22, 2016 that might help. Take care, Jason
OPTIMISTIC ASYLEE, I think USCIS is concerned about criminal and misdemeanor arrests (usually arrests that affect your moral character) more so than political arrests. I highly doubt that a peaceful demonstration against a dictator- especially if this arrest is also part of your asylum claim and there was no court hearing or conviction- would constitute a criminal offense for the purpose of EAD eligibility. You can, however, submit a cover letter that explains the reason(s) for the arrest.
Stay tuned tomorrow, where I will explain that I don’t know either, but in a longer format…
I am actually working on a post about this topic, which will hopefully be posted tomorrow, so maybe check back. In short, you probably need to check whichever box (yes or no) you think more appropriate, circle the question, and then provide an explanation: That you were illegally arrested and it was not for a crime. If you have any evidence from the police or even letters from people who know about the arrest, you might include that as well. Anyway, check back tomorrow and hopefully the post will give some more detail. Take care, Jason
Hi Jason,
I obtained my GC through asylum in 2012. I was out of country for two years with travel document. I came back to US in november 2016 and never leave conutry. when can i apply for citizenship?
thanks
You would have to talk to a lawyer or review the requirements of the N-400. The main question is whether the 2-year absence is a break in your residency, which started the wait time over again. If it is you would have to wait until 2021. If not, you could apply now. I cannot make that determination based on what you write, and it would be worthwhile to figure it out before filing. Take care, Jason
Hello Jason
I had been granted asylum a few years ago and after a very long delay I got my GC recently. While my application for GC was pending I did travel out of the country few times using refugee travel document. I am planing to travel out of the country in August of this year for work. My question is how would I be able to obtain reentry permit instead of the refugee travel document. The reason I would prefer to have reentry permit is because it is normally valid for two years whereas refugee travel documents is valid for one year. As a political asylee I am unable to obtain my national passport and I have to use refugee travel document for travel. As you are well aware these days it takes forever to obtain a travel document.
The RTD is still recommended for people in your situation. The Re-entry permit can be issued for 2 years, but whether it will be accepted in lieu of a passport, I do not know. It probably depends on the country. And of course, all countries do not accept the RTD either. I suppose if the place you are visiting will accept the Re-entry Permit in lieu of a passport, then you can use that. For re-entering the US, the RTD or RP should both work just fine. Take care, Jason
Hey, Dostum! Congrats on the asylum win!
I have a question: did you have any problems coming back to the US using your RTD?
And what countries have you visited?
Thank you
Thanks Julia
I have never faced any problem coming back to the US using my RTD even when my application for GC was pending. On my last trip I went to Singapore and Malaysia.
Hi Jason,
I recently applied for my EAD renewal and I received a mail about a month ago saying that they received my application. I was told that I should receive another letter giving me the schedule for fingerprint and photo, but I never received that. Do you think its because of the government shut down? I’m in California if locations matters.
I would give them another month. Probably, the fingerprint letter will arrive. If not, call them and inquire. You can find the phone number at http://www.uscis.gov. Take care, Jason
Thanks for the response, Jason. Are fingerprints mandatory? I remember my cousin didn’t need to do a fingerprint for his EAD renewal. Also I have an unrelated question about the new REAL ID, will I be able to use my EAD and SSN to get it?
I never really keep track of who gets fingerprinted, but I guess renewals do not need fingerprints (though I would not be surprised if sometimes, they do get printed – USCIS these days is pretty arbitrary). By the new REAL ID, I think you mean the REAL ID compliant driver’s license, and you should be able to get that once you have the EAD. Check with the state DMV website for all the documents you need. Take care, Jason
Thanks again for the response. That makes sense, i’m not surprised at how unorganized they are. I just hope my application went well, considering that my official preparer never included the passport style photos of myself. She just said that they’ll be taking the photos along with the fingerprint. Hope things are okay..
If you forgot to submit something with the application, USCIS would normally send you a request for additional evidence, and that is usually not a big problem. Take care, Jason
Hello, for renewal there is no need for fingerprint
Hi Jason,
Thanks for your valuable information. Here’s my timeline:
Applied for asylum in April 2015
Interviewed in September 2017
Asylum granted September 14, 2017
Applied for GC and Travel Document in October,1 2018
Travel document on hand in January 2019
GC on hand in February 23, 2019.
The journey was not smooth.However, this blog kept us hoping.
Thanks once again. Wish you all a positive outcome.
Congratulations 🙂
It’s good news that you got GC in less than five months. I am going to apply for the GC next month, I live in SFO office area, so it has to be Nebraska Service Center. I just want to confirm that there is no travel document fee if apply with i485? Which service center you applied for GC.
Thanks and God bless you!
Double check the instructions, but if you file the I-485 and pay the fee, there should be no fee for the I-131 (this used to work for asylees for the I-765 as well, but seems to not work any more and they have to pay the fee for an a-5 EAD). Take care, Jason
Hi Ahmed,
Nebraska was the service center.
As far as RTD there’s no extra fee if you apply with I485.
Good luck my friend!!
Thank you for sharing this. It seems to me that you got your GC quite quickly (<5 months), so that was good. Congrats, Jason
Jason, my GC took exactly 4 months too (thank God). My friend applied at the same center and his GC application is going into the 11th month now.We are both from the same country. USCIS is a puzzle to me. You just can’t win…
This is one of the big problems these days – lack of predictability. Anyway, hopefully, your friend gets his GC soon. Take care, Jason
Thanks, Jason!
Hi and thank u very mach for every one on this page
I want ask all of you if any one tries to apply for b2 visa for thier parents
I apllied for my mom and her interview on April 29
Will update u with the result
My mom is lebanese ( not ban contry )
Im syrian applied on Dec 2015 did my interview February 2019 chocago office
And waiting for final decision
So please if any one can help me and let me know if thier parents tried to qplly for B2 visa
We have seen parents of asylum seekers get their visas. The problem for family members of asylum seekers is worse for children and spouses (who can join the asylum case) than for parents or siblings, though sometimes, they can be affected (and denied a visa) as well. Take care, Jason
Hi. I granted Asylum by immigration court. Now i moved from a state to another state. I want to get Health insurance by Obama care. Can it effect me to Apply and get my Green card? Or fir i730 apply fir my Family?
It should have no effect. I wrote about this on September 24, 2018. Take care, Jason
Dear Jason,
I have quick question, Do we have to attach our photo with EAD renewal form? This is my 3rd renewal what attachments should I attach with the form i-765? I have attached last EAD and i-767, MY Drivers License, i-94. Is there anything else I can attach with my EAD renewal form i-765?
Thank you in advance.
Check the instructions for all you need to include. I am not 100% sure that photos are required, as I have not looked at that in a while, but we always include 2 passport-style photos. Also, don’t forget to include evidence of the asylum case, the fee, and other documents required by the I-765 form. Take care, Jason
Thank you sir
RICKY, yes, you need 2 passport-style photos that have your A# lightly printed on the back of one of the photo.
Thank you Jamie, I really appreciate it (Y)
Hi Jason,
I would like to write an expedite it Texas Service Center. Is there any specific USCIS form for expedite? What information should be included in the expedite letter if there is no specific form?
Thank you.
I think there is no specific form, but it depends what you are trying to expedite. If it is a pending asylum case, normally, you would contact the local office, not the TSC. Take care, Jason
Hello Jason,
After a grant of asylum in an immigration court, I now have a pending GC application. My EAD expired a year ago, since I didn’t need it, I never renew it. But now employers are asking if I have a GC or EAD, due to this reason, I cannot get the professional job I want. So now I am trying to file for an EAD, and on the form it asks for “Passport number of your most recently issued passport ” and “Travel document number (if any)” I usually put my country’s passport but, las year I got a travel document which, now expired and traveled to Canada and came back, in this case
1. Instead of my passport, should I put my RTD information?
2. Do I need to pay the application fee? [pending GC & plus I never got an EAD from USCIS after I win my case in court]
Thank you Jason, you’re a life savor.
1 – You should put your passport number. The RTD is not a passport; it is a travel document. 2 – If you never got an EAD after you won in court, you should not need to pay the fee. Whether this will work a year later, I am not sure. I recommend you Google “Post Order Instructions in Immigration Court” and follow those – normally, you do that after the case is approved in court, but better late than never. That may result in them sending you an EAD card, but review the instructions to see for sure. Take care, Jason
Dear Jason,
I have pending i485 base on marriage and wating for interview also I went for asylum interview and decision is pending. if the asylum office deny my asylum application they would send me to court or just denied application because of i485 pending status?
thanks
I think they will send you to court, which is a waste of resources, as it sounds like you will get your GC based on the marriage. That will happen even if you go to court, but the process is more annoying. Take care, Jason
Hi Jason
I got my asylum recently and applied for benefits
And I read somewhere on the internet that can affect me in getting a green card is that true ? Explain for me please
That rule does not apply to asylum seekers. I wrote about it on September 24, 2018. Take care, Jason
Hello Jason,
can I transfer my case from Los Angeles to SF after master hearing?
Thank you
If you move to a new location, and it is in the SF court’s jurisdiction, you can. But you cannot do that if you are in the LA court’s territory. Take care, Jason
Hi Jason,
I have written a letter to the congresswoman and requested to inquire about my decision. I have told her that I have been going through mental and financial crisis and would need her help as it has been more than 4 years since I applied asylum. I want to reunite with my parents and ny boyfriend and can’t concentrate on work or school. Do you think this would be a good idea? I have now been pending for My interview decision for almost 5 months.
I do not know if it will help, but it should not hurt. If that does not work, and you have made some inquiries about the case with the asylum office, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
elyasjaghori@yahoo.com
Hi jason
This will be my third AED work permit to apply-
I have a question this time the work permit forms is 7 page – i live in Virginia where should i sent to?
Do i have to pay money this time too?
Im pending asylum c8 category is fit under asylum applicat?
They recently updated the form, and as usual, it got longer. You have to check the direct filing addresses for where to mail it, and if it is a renewal, you have to pay the fee ($410). Take care, Jason
Hello Jason,
Is EAD from asylum unrestricted? Can it be used to work anywhere?
I Have social security from F1 student status . do I need to apply for a second social security after getting ASYLUM BASED EAD? Thanks
You can work anywhere that will hire you. If you have asylum, you should be able to get an unrestricted SS card, and that would be different from an SS card you got as a student (though I think the SS number will be the same). Take care, Jason
Jason, yes, you are correct. The SS number never changes- only the notation or restriction changes. My SS number was first issued to me when I was a J1 exchange student back on 2009. I still have the same number even after becoming an LPR.
Hello Jason,
I had submitted request for the expedited decision. In response, I received this “you case has forwarded to supervisor and the expedited decision is not guaranteed”. How long it takes to expect response regarding the decision after this? Secondly, I do not know the reason for the delay in decision. How can I figure out that the reason for the delay?
thanks
There is no way to know how long a decision will take, even if they want to expedite, it is not totally within their control (background checks are controlled by other agencies, for example). As for the reason, I wrote a post about that on October 20, 2015 with some reasons for delay. Take care, Jason
New updates of Asylum Divison Quarterly Stakes holder info for january 2019
https://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/PED_AffirmativeAsylumStatisticsJan2019.pdf
Hi jason! I’am a pending asulym at Chicago office. Soon I’Will move to another state bat I already applied for EAD renewal with my current adress. My question is can I still keep my current address until I get my EAD because my family is not moving or I change the adress automatically ?
You are required to change your address within 10 days of moving, but it would be safer to have your EAD arrive at the original address. Maybe contact the asylum office directly and change your address with them, but do not change it for the USCIS application. One point – if you move, and you change asylum offices, and 180 days have not passed on your asylum clock, you could be denied the EAD, so be careful about that. If it is possible to keep the old address for all purposes until after you have the EAD, that is safest. Take care, Jason
Hi,
Thank you for sharing the stats. Do you know what these words mean?
REFERRALS (INTERVIEWED CASES)
FILING DEADLINE REFERRALS
Thanks.
A referral is a person who was interviewed and denied, and then sent to court. A filing deadline referral means that the person was denied and sent to court because she did not file within one year of arrival, and there was no excuse for missing the one-year deadline, so the case is denied and referred to court for that reason. Take care, Jason
Would it be possible an asylum applicant never gets to be interviewed and remains permanently as asylum pending status ? The backlog seems only growing instead of reducing…
It certainly seems possible. About 319,000 cases are pending (not counting court cases), and how that backlog will ever be cleared, I do not know. There was a rumor that USCIS officers would be drafted to do asylum cases, but that would not be a great idea and I have not heard anything about it for a while. Maybe they will come up with some other idea. We shall see. Take care, Jason
Hey guys! This forum helped me a lot. I got my case update this week as my decision was mailed. My timeline is:
Houston office,
Filed: July 2018
Biometrics: Aug 2018
Interview: Sep 2018
Decision mailed: Feb 2019
Hey Jack Congrates for your Result. I have my case in Houston too. Can you please tell me your exect date of interview? And can you please tell me about your country? My decision is pending since October 11 2018
Thank You
Hey Alex, my case also have been pending at Houston for almost 2 years. How is your timeline? How soon you got your interview letter? Good luck to Jack!
Hopefully, it will be a good decision. Good luck, Jason
Hello sir. Thanks a lot for your blog it’s really a source of hope and comfort in this trying times. I do have a question. Sometime last year i had my interview. My claim is base on my membership to a political organization. During the interview the officer ask me to show proof of my membership. I presented my membership card to her. She went forward and collected the card for further verification. Since then I have not heard from the office. This brings me to my question. When she says for further verification, how is it done? Will the political party my home country be contacted for opproval?
I do not think they can contact the party about you due to confidentiality issues. However, they may have examples of other people’s card for comparison. Or maybe they have other info about the party to help confirm your membership, but they should not ask the party specifically about you, as that would violate confidentiality. Take care, Jason
Hi,
I just want to know the possibility of being granted asylum based on FGM under the 5th circuit jurisdiction. Please note that I have a handwritten note from WHNP (Women’s Health Nurse Practioner) confirming that I was circumcised and that any further information needed about my case may be directed at her. I have since filed my asylum application at the Houston office but I am yet to be called for interview.
Regards
If you have FGM, you probably have a decent chance of being granted asylum. However, I would get a solid report from a credible doctor. A hand-written note is not very professional and it may be hard to read. Also, a doctor’s note may be given more weight than a note from a nurse practitioner. Take care, Jason
Thank you. Just to point out that the hand written note was issued by a NP working with a government hospital. Does that give any comfort?
The fact that the NP works for a credible organization does help, as long as the note is legible. Even so, a doctor’s note might carry more weight. Take care, Jason
Dear Jason, I am an active follower of your blog since 3 years and I must say you do a great job in helping people applying for asylum.
I am sorry to bother you as I just have one question. I am applying for renewal of my EAD just confused on current status question as I arrives on b2 visa which has already expired.
So should I put in my current status as pending asylum(C08) or B2 expired?
Please let me know.
God bless.
I don’t think it matters. We sometimes write one and sometimes, the other. I think they are both ok. Take care, Jason
Hi Jason and the asylum community
We just got our EAD cards. We also applied for Social Security in the i765 form but have not received them yet. Do you or anyone know how long we have to wait or if we need to go to the SS offices to enquire?
Thank you
My guess is that you will have them in a few days or weeks. If not, or if you need them sooner, maybe you can contact the SS office to see if they can help. Take care, Jason
Hi Jason, I won asylum last year and now applying for green card. My medical test state that I have positive TB, will that affect my green card as an asylee?
Thanks
I have not had a case like that, and so I do not know the effect. I think you are eligible for the GC. In the worst case, you probably need a waiver from USCIS. You might talk to a lawyer about that. Alternatively, you can file the application for GC and see what happens. If USCIS needs a waiver (or something else), they will notify you, and you can find a lawyer then if you need one. Take care, Jason
Thank you Jason
Hi Linda, did you do a skin test? It sometimes shows positive even when you don’t have it. Try doing the X-ray
They will take a chest x ray to verify. First when i did my medical i was in the same situation my skin screen test came positive and i was very scared. Then doctor Redmond me to get a chest xray. Once xray came out they she i don’t have a tb. So don’t worry do a xray. Good luck.
I did an Xray and the tests came out negative..Thank you all so much for the information..Greatly appreciate it!
If you had BCG immunization even as a baby, tb test usually comes back positive. The best test is usually xray.
I wonder how the ‘0’ attached to my name😊
Yes, you are quite right! I had a BCG vaccination that’s why the results were positive, but the X-rays were negative. Thanks a lot for the assistance!!
Hello Jason,
I will like to appreciate all your effort, I have some questions to ask please.
Let me start by telling a short story of myself, came to UA in Decmeber 2016 with my wife to resolve our marriage issue but couldn’t get it resolved and we got divorced and I married a USC but the USCIS asked my USC wife to withdraw the case during interview, which make them send me a note saying The Petitioner withdrew the case.
MY QUESTIONS.
1) Can I still apply for Asylum cos my initial wife’s family are causing problems for me and my family with that I cant go back home.
2) How will I go about it.
Thanks and hope to hear back from you.
1 – You can, but you may have a one-year bar issue, depending on when your wife withdraw her case and whether you were a dependent on the case. 2 – If you were a dependent on a prior case, the filing procedure is different. Check the I-589 instructions, available at http://www.uscis.gov. Basically, you file at the local office. Take care, Jason
Hi Jason,
Hope everything runs well. what will happen if asylum seeker with f1 status denied in asylum office? sholud they leave the countery soon or they have to immigratin issue court date? what is the possibility to detain by ice after asylum applicatin denied?
best regards
According to a memo from last year, such a person would have the F1 status terminated and they would be sent to court. Previously, the person would get a Notice of Intent to Deny (I wrote about this on February 21, 2018) and the case would just end. Whether they are actually following the new policy, I am not sure. In any event, if the asylum is denied, you cannot simply be deported – there is a process, which involves a hearing before an Immigration Judge. Take care, Jason
Hi Jason
Thank you for your effort I have question on January I receive my ead card depends on asylum decision pending but there was an issue with valditon date if you remember I told you about that but when I send it back the reject the application because I sent the card with new application so I called them 2 weeks ago and the officer told me he wil made a service request for me and during 5 days I will receive it but until now there is nothing I called them today too but the representative said it will takes 30 days and she gave the number of service request the number whiches weird like wkd ********tsc did you have the same situation with your clients or did hear about the same situation I need my card back in in so bad situation and I told her about that but she didn’t care about me at all by saying it’s happing
Thank you Jason for this very important and informative post. I have had the misfortune of landing up with a “jerk” judge. He walked in and the moment he sat down asked “why are we even having this hearing, the case is time barred (1 year issue). Surprisingly, the DHS attorney was a nice lady and more supportive of the claim. She mentioned to him that the government accepts exceptional circumstances and has no issue with the time. The case continued and he took over the questioning and said that he doesn’t believe the claim and denied it. My attorney (yes I had one) and the DHS attorney barely got to say anything. He kept cutting my attorney off. The DHS lady sounded sympathetic and suggested that I appeal the case (which we would have anyway). Guess what, it was overturned by BIA and I won asylum. However psychologically it was a very trying period since I already had PTSD.
But I just wanted to say that this does happen and could happen even in the presence of an attorney. It could be worse without one of course. Hence I feel that an attorney is always a good investment if you can afford it, no matter how easy the case. Why do you think all businessmen and celebrities have attorneys? Apart from the fact that they can afford them, they want to ensure that their rights are always defended. Even attorneys hire attorneys for their legal needs because it’s a bad idea to be the applicant/defendant and be your own legal counsel as well.
I have seen it happen too, and even as a lawyer, there is only so much you can do – the judge is the boss of his courtroom. However, it sounds like you did the right thing (present the case and appeal the denial) and it worked out, so that is great. But I think your point about the psychological harm is important, as many people in the system have PTSD or other issues, and the adjudicators should always keep that in mind, and act accordingly. Take care, Jason
I have a different name for a judge like that. But I am going to reserve my judgement/name calling today.
If the DHS attorney is on your side, and the BIA remanded your case to the judge for an error(s), it means, which any reasonable person can infer from the information provided, that you have a strong case and you would have likely overcome the 1-year bar, which the judge refused to acknowledge. Furthermore, he didn’t allow you or your attorney to explain your case (regardless of whether court hearings are adversarial or not). You should still be afforded the opportunity to present your case in a fair fashion.
While they adjudicate asylum cases, and may very well determine if you live or die, why do they think that their positions make them immortal beings, or a separate and superior species from the rest of us humans and peasants?
This “judge” wasted your and the government’s time and resources with his unconscionable and heartless decision.
Some of these judges and officers have special places in hell.
The large majority of judges I encounter are good and care about the cases, but they are also overwhelmed. One judge famously described it as “death penalty cases in a traffic court setting.” That’s about right. Take care, Jason
Thanks Jamie.
Yes it was a bad experience and it wasted 2.5 years of my life in the appeal, judgement, remand and re-calendar process. Thankfully the next judge mentioned that there is nothing much to discuss after the BIA remand and the new DHS attorney waived appeal as well. I was out of there in 20 mins with my papers. The only positive about this is I ended up learning a lot about immigration law. The process has been draining and hopefully I’ll be a citizen soon.
I am not sure that “learning a lot about immigration law” is a positive. At least not from my perspective! Take care, Jason
IRAM L, I can completely relate to what you are saying about learning US immigration laws even though I was represented by an attorney. Unfortunately, I had to take charge of my case as my first attorney didn’t have a clue, or was just too busy for my case. I feel like I’ve read almost every precedent, law or manual that is asylum-related.
It’s actually very bizarre- scary, in fact, in hindsight- that I can quote sections of the INA or recite case law in conversations.
When I retained my new attorney, I would tell him about sections of the INA that are applicable to me. He would tell me that he has mixed feelings about me accurately reciting the law to him. He was concerned that I feel the need/urge to read these complex set of laws (psychologically speaking) but impressed that I actually could study and apply the law accurately to my and other cases.
I am glad you were able to win your case!
Unfortunately, I am not sure that there is much else you can do. I have not experienced this exact situation for a client, at least I don’t remember that, and so I am not sure about the time frame. You may want to make an Info Pass appointment (a link is at right) and try to go in person. Sometimes, you get more info that way. My guess is that they will process the application and you will get the card, as it seems that something is happening, but I am just not sure how long the wait will be. Good luck, Jason
Hi Jason
I have question I find job in Texas but my case in Chicago and I did my interview there my status now is decision is pending so if I change my address does that mean my case will move to Texas ¿
If you have a second interview, which is not all that common, it would be at the new office. Otherwise, the case will stay in Chicago and that office will issue the decision. If you move, you are required to change your address, so you should do that. Take care, Jason
Jason,
After an interview in the asylum office takes place (decision pending), does the existing EAD keep functioning?
If the time comes to renew an EAD, and the decision is still pending, an applicant should apply for a new EAD under the same category? If a case is referred to court, then an applicant still can apply for an EAD but it falls under a different category?
Overall, I’m trying to understand that there should not be any breaks in EAD right after the interviews, before/after a decision is made and the fact that EAD needs to be renewed?
You can keep extending the c-8 EAD until the case is done. This includes after the interview, through the court case, and through any appeal to the BIA. After that, you cannot renew any more. Of course, if you win asylum, you will get a new EAD based on a new category – asylum granted. Take care, Jason
Hi Jason,
I’m filling out i485 forms (thanks god) and stuck with one checkbox part 5 #10 – your current spouse applying with you?
I’m a principal applicant. My wife in the US with me. Do I need to check it only if we file in the same package? (She doesn’t have to check that box at all?)
Thank you !
If you are applying at the same time, I guess you can check the box, but I think that question is generally meant for spouses who are applying together based on the same petition (for example, an employer filed for one spouse and both spouses are getting the GC based on the employer’s petition). If you are not sure, circle the question and write “see cover letter.” Then, include a cover letter explaining what she is doing and when she is applying for her own GC. Take care, Jason
Hi Jason! I want to know about case expedited. How it works? Thanks!
For the asylum office, I wrote a piece about that on March 30, 2017. For court, I wrote about that on April 20, 2017. Take care, Jason
Hi Jason, as always, thanks a lot for your incredible knowledge sharing. It is so timely for me.
I had an interview and while I do not know which way it will go, I know the AO was awful. She kept interrupting me one sentence in my answering to write her notes. When she was done, she would not allow me to complete what I was saying. When I noticed this trend, I made sure to recall the questions and answer them when she was done typing. I would say, “as I was saying…” She was visibly annoyed as she wanted to move on to her next question and once told me, she did not have time and had other people waiting. Our interview was at most 2 hours so we must have been an hour into her questions when she said that. On, 1 occasion she told me, “how am I supposed to believe you” because she was probing me on questions unrelated to my claim and fear. So I requested to get her the information she needed as I did not know and wanted to get the information. When she wasn’t cutting me off, she was completing my sentences for me.
I also found it terribly odd that she did not want my husband in with me and inspite of the fact that he was a witness did not call him. When I got in the room, she wanted to make sure that I was not represented and wanted to make sure as my documentation looked professional. I told her that I had been supported by an organization that provided consulting with probono lawyers and the waitlists were full so I decided to apply pro se.
It was such an awful experience but I am a hopeful person and would not be here today if it was not for the strength that my faith and hope give me.
I had this feeling that I should ask for a supervisor as her treatment did not feel right but I did not want to get an even more negative response from her.
How do I file a complaint, if possible? I am still waiting for a decision. Irregardless of the decision I get, I felt it was definitely not right. She also seemed to not have looked over my documents so I kept having to point her to the supporting documents.
Some of this is normal – they have to write down what you say, so they often stop you in order to type. It is also normal that you would be in the interview without your husband, though if he is a dependent on the case, he must also be interviewed. If he is a witness, you can ask that he be interviewed, and they should do that. Other things do not seem normal – she should not complete your sentences or prevent you from completing your answers. Whether all this means a negative decision, I do not know, as we have seen interviews that “felt bad” result in a grant. As for a complaint, if you do that, you should make it very specific – what exactly did the officer do that was wrong. Do not talk in generalities. You can put it in the form of a letter, indicate that it is a complain, but your Alien number and interview date, and the name of the officer if you know, and submit it to the attention of the asylum office director. Whether a complaint is a good idea, I do not know. If it were me, I would probably write down the problems with the interview and then just wait for the result. If the outcome is positive, you can then submit the complaint if you want. If the outcome is negative, you can also submit the complaint and have the complaint and the list of problems to help you in court. Take care, Jason
Thanks Jason.
I think I will do what you suggest. It is horrible to think, “if my husband or a lawyer or interpreter or a supervisor were in the room, would the AO have been so awful?” It did not feel like my petition was being heard, it felt like she was going through the motions as she had already made up her mind with seemingly little knowledge of my documents.
Hi Jason,
My asylum case was approved in Aug 2017 and USCIS provided me and my wife with a two years EAD that expires on Aug 2019. I have filled I485 on Aug 2018 and I have not heard anything back from USCIS on my application other than the form receipt notice. Do I have to apply for a new EAD as I am not confident enough that my I485 will be approved before Aug 2019? I think certain employers do accept unrestricted SSN as a proof of employment eligibility however I am not sure if all of them accept it. Could you please enlighten me on how to proceed ahead in such scenario?
You are eligible to work with the SSN and the asylum approval (I-94), so you do not need the EAD. Some employers (and state DMVs) do not recognize that, and so it makes life easier to have the EAD. Once you file for the new EAD, you should receive an automatic extension of the old card (on the receipt for the new EAD). Again, some employers do not recognize that, so if you want to make life easier, and you don’t mind paying the renewal fee of $410, you can apply to renew the expiring card. You can do that up to 180 days before the card expires. If your employer does recognize the SSN and asylum approval, and you do not have a need for the new EAD, you can save your money. Most people seem to get their GC in 10 to 14 months, at least that is what we have seen lately. Take care, Jason
Hey Jason,
Thank You everyone for sharing their experiences here.
Sir I had my Asylum interview on Oct 11 2018, I did inquiry with asylum office for my interview decision. They replied me back the following email:
{Your case is being reviewed prior to a final decision being made on your asylum case. We are unable to estimate how long the review might take.
Your email has been forwarded to the reviewing supervisor so that he is aware of your inquiry}
What’s this mean? Mean they still review my case or they done with review and will take decision?
How long expectedly the supervisor take to review and get decision on case? Their is no time frame but expectedly or from experience based on your clients how long the supervisor will take decision ?
If some body else have face like this situation please reply me.
Thank You
Such responses are not very meaningful – it just means that the case is pending. There is no way to predict how long a decision will take. Sometimes, it is days; other cases wait for years. Most cases are resolved within 6 months, but people – especially men – from Muslim countries tend to wait longer. You can contact the asylum office to inquire about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason,
Great article. I did my asylum interview almost one year ago and waiting for decision. I have plan to marriage with my us citizen fiance and apply for AOS, but my concern is the asylum application causes major delay in my AOS process. can I withdraw my asylum application which is pending for decision even if it sent to HQ for decision?
thanks
Sometimes it causes delay; other times, it does not. For our clients, we try to wait until the person has the GC before withdrawing the asylum case. I wrote about this issue on August 8, 2018. Maybe that would help. Take care, Jason
Great article Jason,
Thank you very much. It is necessary to sustain our temperance although the subject itself is critical since it touches our future and our families destinies. When I discuss my case with American friends, I always lose control and get angry. I cannot imagine how the destinies of alien humans can be easily placed in the arms of officials, who most probably do not evaluate the situations correctly. To make it clear, I find it unfair to hold my case to six years so far because I was stopped at a rebels checkpoint in Syria at one point of the time.
They asked, have you been ever stopped by rebels checkpoints? I answered, probably yes. That “yes” cost me an exaggerated waiting time and multiple interviews. They need to know what I have paid them to pass. Simply, I don’t know why they have let me pass without paying them anything. I am not even sure that these checkpoints are rebels or some other governmental checkpoints without uniforms. The Regime checkpoints in Syria are usually either uniformed checkpoints (army or military) where the members of these checkpoints wear uniforms or non-uniformed checkpoints (security and intelligence branches) where the members of these checkpoints do not wear uniforms or put any flag or sign that they work for the Regime.
I was stopped by similar checkpoints. These people checked my car just like all other cars which were standing in the line and eventually let me pass when they find my car clear. I don’t even remember when or where that happened.
I find it unfair. They want me to answer something that I don’t know. And I believe that they have assumed that I was lying when I said: “I don’t know” when or where that happened. Additionally, I cannot say now that I am not sure if these checkpoints were Regime or rebels. I have already said they are rebels. I assumed so. As you know, It is really hard to come with an accurate answer that satisfies the officer while you are being interviewed.
Regardless,
I am now in a position with six years separated from my heart-diseased parents who live in a 3rd safe country with an inability to visiting them. I cannot apply for advanced-parole because my wife says that she is not going to follow me if they don’t let me in when I come back. “It is extremely unsafe to prone our kids to that danger” my wife said. Therefore, she assumes that I will have judged myrself to not-seeing my kids again. As well as, I am unable to apply for mandamus. I don’t have enough funds and find it useless as I am almost positive that we will end up with a judge offer of relief to spend the rest of our lives in the US with renewable EADs; which technically means the exact same situation we are in right now.
Between the debate of visiting my parents and ignoring my kids and wife, and standing beside my family and ignoring my parents, I am technically dieing in every single second. I lost the life aspects; I don’t have reasons even to breathe within this misery.
Now comes the question, how strong “will” should I have to stay calm when discussing a life-critical matter with an official. My current answer, I will stay calm to the farthest point because I easily don’t care anymore. I consider what I live now is a GOD punishment which I have to willingly accept it. I don’t reckon anymore on the officials’ compassion because the asylum law, simply, has no compassion.
I am sorry to personalize the subject, but your forum is my only place of speaking out and consulting. I cannot even frankly speak to American friends. I find that it is likely favorable for Americans to report uncomfortable discussions with aliens to the FBI. What if I told a friend that I was stopped by a possible rebels checkpoint? I may find my speech was immediately reported and as usual, it will be negatively reviewed!!
For myself, I don’t have the got to complain against rude officials. During my second and third interviews, I answered with the shortest way possible using yes/no. I was super friendly during my first interview. I thought I was talking to my friend when I was answering the officer questions. I thought he was feeling super sorry about me when he was listening. I thought he just need reasons to accept my case. I told things “I know” and things, “I thought that I know” just like when we talk to friends about any subject. The second part of “things I though that I know” has resulted in the sorrow I live now. He was negatively reviewing my answers. He sent my case immediately to the HQ as I he informed me that I don’t need to come back after two weeks. Later on, the congressman told me that my case is at the HQ.
Not sure what do they really want me to do. If I behave friendly and frankly, they review me negatively. If I behave strictly with “yes/no” manner, they review me negatively.
I just want to tell a final word to the asylum officials (if they even read forums or blogs). We, the Syrian people, are not equipped with that chicanery. We are very simple people. My humble mind was unable to figure out the traps that the first asylum officer was setting by asking me specific questions during the first interview. Unfortunately, neither my lawyer did.
If anybody on this forum can empower me, then please do. I need somebody to stand with me. My wife has abandoned me. We live together only for our kids. Although we married after a touchy love story, the hardship we live in the US has emotionally separated us. What does everybody think? Should I leave my kids and my family to a reunion with my parents? Or stay with my family and most probably forget about my parents as they obviously will not stand long with the heart-diseases they currently have?
In another analogical phrase, should I cut my right hand or my left hand?
This is very well said. I personally think that Syrian are treated especially badly at the asylum office. Why this is, I am not sure, but I have observed similar question about check points and the officers’ fishing expeditions to find any reason to deny a Syrian case. I think it is unfair and a black mark for our country. In general, the terrorism bars are very unfair and victims of terror are treated as if they are terrorists. That said, I think you should apply for Advance Parole. If you have evidence of your parents’ health conditions and the fact that they are in a third country, and evidence that they are your parents (birth certificate, photos together), you should qualify for AP – I wrote about that on September 11, 2017. If you get AP, you should be able to travel and return. I know of no examples where a person with a valid AP document was denied re-entry. The one concern is the “terrorism” issue, but even with that, you would be allowed to re-enter the US. The worst case would be that you would be detained at the airport and your case would go to a judge. Although you might be detained for some months, you would get a decision, as courts almost never have the indefinite delays that we see at the asylum office. Also, I think it is very unlikely you would be detained upon return. Anyway, it is something to consider. Maybe talk to a lawyer if you want more advice about that. Take care, Jason
Thank you Jason,
You said: “The one concern is the “terrorism” issue”. I have a strong suspicion that my case has been flagged as a TRIG. So, do TRIG cases fall under your statement, you think?
In another word, can the immigration officers at the airport deny APs for TRIG? Are they able to access our asylum cases and know the details?
Or, does your statement mean that the airport immigration officers will only investigate if I have committed any bad activity while I am abroad? And they don’t look at my asylum case specifics?
I do not know exactly what the officer at the airport can do, but I have never seen anyone with AP denied re-entry (maybe they will deny your request for AP in the first place; you would lose the filing fee, but otherwise, there would be no effect). If they detained you upon re-entry due to TRIG, you would claim asylum and go to court. I think this is very unlikely, but it should be the worst case scenario. My guess is that you can leave and re-enter as long as you have AP, with detention as a worst-case and unlikely possibility. Take care, Jason
Hi Jason
Thank you for this article it is so meangful for us
I have question about my case I did the interview last year on August but still pending im from Iraq do you have any clue about the cases from Iraq or the approval rate ¿ or did you have Iraqis cases get dined or approval can you help because I only 24 years old and I fear so frustrated if they denied me all my family in different spots in the world we have so bad situation and I’m new here in USA thank you so match for your help you are my angel
In my experience, Iraqi cases are denied more often than they should be, but others may have a different experience. We do have many cases from Iraq granted, but it always seems like the Asylum Office is trying to deny such cases when compared to similar cases from other countries (except Syria, where they really seem to want to deny). Anyway, if you have a good claim, you should have a good chance for success. You might contact the asylum office to inquire about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
recently my expedited affirmative interview was not approved and referred to immigration judge. Can I have a chance to request an expedite again at immigration court or I can be among the prioritize lists of the court because of the already approved expedite interview at uscis?
Thanks,
Samuel
I think you would have to ask the court again to expedite. I wrote about that on April 20, 2017. Take care, Jason
Great article!
Great article. I wish I had to speak with USCIS supervisor.