National Public Radio recently reported on the Trump Administration’s efforts to deport Vietnamese refugees with criminal convictions. Currently, Vietnam only accepts deportees who entered the United States after 1995, but the Trump Administration wants to convince Vietnam to accept all of its nationals with removal orders, regardless of when they came to the U.S. If Vietnam agrees, the change could affect more than 7,000 refugees and immigrants, some of whom have been living in the United States for over 40 years. Not surprisingly, negotiations over this issue have stoked severe anxiety in segments of the Vietnamese-American community.
The NPR piece focuses on an Amerasian man named Vu, who was ordered deported due to his 2001 convictions for larceny and assault. The convictions have since been vacated, but the deportation order apparently remains. Amerasians are children of American soldiers and Vietnamese women. They face severe persecution and discrimination in Vietnam, and Vu still fears return to his native land. If Vietnam ultimately agrees to the Trump Administration’s proposal, Vu could be returned to his birth country. “I think about it often and I don’t want to be deported,” Vu says, “I wouldn’t be able to see my children. I would lose everything. I would miss most being around my kids.”
Legally, people like Mr. Vu, who have a removal order, can be deported (assuming their country will accept them, and assuming they cannot come up with a new defense against deportation). But what about morally? When–if ever–is it morally acceptable to deport criminals?
For me at least, this is a difficult question to answer. As a starting point, I must note that it is not easy to apply morality to any aspect of the immigration system. There certainly is a moral component written into the Immigration and Nationality Act (“INA”). For example, to receive asylum and many other immigration benefits, an applicant must show (among other things) that he deserves relief as a matter of discretion. Good people deserve a favorable exercise of discretion; bad people do not. The problem is that, how we define “good” and “bad” bears only a passing relationship to morality, as we might normally imagine it, and so referencing the “moral component” of the INA only gets us so far.
Another problem exists with regard to how the INA delineates gradation of criminal conduct. You would think that the worse your conduct, the more likely you are to be deported, but that ain’t necessarily so. Crimes that might seem more worthy of deportation are sometimes less likely to result in immigration consequences. Put another way, under U.S. immigration law, you might be better off killing your mother than possessing cocaine.
The point is, it is very difficult to understand how morality applies to aliens with criminal convictions, at least when speaking in the abstract. It is easier–at least in my opinion–to approach the problem by looking at a specific case, and working from there. So let’s look at the example of Mr. Vu from the NPR piece.
First off, Mr. Vu’s case is quite sympathetic. His crimes occurred a long time ago, the convictions were vacated, he has U.S.-citizen children, and if deported, he faces persecution. Also, Mr. Vu might argue that his prior crimes were a consequence of his difficult upbringing (and few people have had a more difficult time than Amerasians during the post-war era in Vietnam). In addition, Mr. Vu has been in the United States for a long time, and so perhaps America is more “responsible” than Vietnam for setting him on a criminal path. Finally, as an Amerasian, Mr. Vu would not even exist if the U.S. hadn’t been present in Vietnam, and so this might also constitute a reason that we–and not Vietnam–are responsible for him.
On the other hand, Mr. Vu committed some serious crimes (larceny and assault), which harmed other people. He would likely have been deported in 2001 (per an Immigration Judge’s order), but was able to remain here only because Vietnam was not accepting its nationals for repatriation at that time. Further, as a sovereign nation, we have a right to determine who gets to stay in our country, and Mr. Vu violated that covenant. Worse, Mr. Vu likely came to the U.S. through a program to assist Amerasians. If so, we brought him to our country, only to have him turn around and slap us in the face by committing crimes. Finally, if we give Mr. Vu a pass, won’t that send a signal to other aliens that they can come to our country, commit crimes, and avoid the immigration consequences?
As I see it, there are legitimate reasons to deport Mr. Vu, and legitimate reasons to allow him to stay. Of course, making a moral determination in his case–or any case–hinges on how we balance the competing interests. The all-or-nothing nature of our immigration system compounds the challenge of reaching a fair conclusion: Either Mr. Vu gets deported, or he gets to stay. There is no middle ground.
Though I know where I stand on the case, I am not so sure that there is a correct answer here. Maybe it depends on one’s individual moral code. For what it’s worth, if we could somehow rate criminal-immigration cases, I think Mr. Vu would land on the more sympathetic side of the continuum. So if you believe Mr. Vu should be deported, there are probably few criminal-aliens who you believe deserve to remain in the U.S.
So is it morally right to deport Mr. Vu? Or any person with a criminal conviction?
For me, the answer to these questions is tied to the immigration system in general. I have seen far too many examples where non-citizens and their families are severely harmed for seemingly arbitrary reasons. If we had a more fair, more just, and more rational immigration system, I would have less of a problem with deporting criminals. But given the system that we are stuck with, it is difficult for me to morally justify most deportations. That is doubly true in a case like Mr. Vu’s, where his prior bad behavior has apparently been long overshadowed by his current equities. To deport Mr. Vu and break up his family seems cruel and pointless. But sadly, that is often exactly what we get from our current immigration system.
I hope that the Trump Administration will abandon its plan to remove Vietnamese refugees, especially Amerasians. But if it persists, and if Vietnam agrees, I hope that Mr. Vu–and others like him–will fight to remain here. He has been here for decades, his family is here, and this is his home. Despite his criminal acts, I believe he belongs here. To send him away would be immoral.
Hi jason tnx for everything i have a pending asylum case since 2015 and i am sparated from my family since . My daughter is citizen and My wife has B1 visa but they are living in my country. I am sick and tired waiting, i want her to stay in usa with me is it possible what can i do does she apply a new case or can be dependent on me tnx
Your daughter can come here as she is a citizen and your wife can come with the visa. If your wife is here, she could file her own case or she could be added to your case. If you want to add her, contact the asylum office and they can tell you what to do – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason
My FH is March 2020 in NJ on FGM case from Nigeria, I’m really worried as to what the outcome will be.
Pls what’s the judges approval rate and what’s the worst case scenario after FH.
Thanks for all you do on this platform
Please when were you interviewed
You can Google “TRAC immigration” and you should be able to find your judge’s approval rate (unless the judge is new). I would not put a lot of stock in the approval rate, though. If you prepare a strong case, you should have a decent chance to win. Make sure you include evidence about how the government of Nigeria is unable to effectively protect women from FGM and other types of harm. If you are a victim of FGM, get a report about that from a credible doctor. Take care, Jason
Hi Jason!
I just received the news from my friend’s attorney that my judge resigned a few weeks ago for personal reasons.
I followed up with my attorney who says he told me this last week. (He didn’t as far as I’m concerned no email or other communication from him)
Now I check the hotline it still says the original date and judge for IH in NYC.
Do you what’s going to happen to us?
How long will it take to assign a new judge and again a MCH, IH? Has been waiting since 2015 and this sure doesn’t look good.
I’m on the verge of a mental breakdown.
Different things seem to happen when a judge leaves. Sometimes, a new judge arrives and takes over the cases, and there is no change in the schedule. Other times, the schedule changes, but lately, we have not seen major delays for this reason (though we used to). You will just have to wait and see what happens, but if the case is delayed, you can ask for a sooner date once you have a new judge – I wrote about that on April 20, 2017. Take care, Jason
I remember that post, I even commented there earlier this month about the possibility to advance our 2020 hearing.
And look at it now, boom the judge resigned!
I’ll definitely try and get my attorney to work with us on getting an earlier date IF we receive another MCH anytime soon. The attorney seems weird, I don’t blame him but I get better and more comprehensive responses from you than from the one I pay thousands for.
He says he told me our judge was gone. 100% he didn’t…my distraught spouse called me today that our friend’s attorney came up with the news.
Neverending story-US Asylum version.
It would make a Hollywood hit.
It’s so disappointing I don’t even know if I should keep joking about it. I guess it’s better than losing my mind completely.
It’s not so easy to get a case advanced, and so lawyers do not really like to try (including me). However, it is sometimes possible. I do think it is important to have confidence in the lawyer. Maybe he thought he told you, and that is perhaps not a big deal, but if you are not confident in the lawyer, you might think about looking for someone new, or at least reviewing everything he submits beforehand to make sure it is in good shape. Keep joking, Jason
You’re right. We’re all in the same boat regarding confusion over the matter.
It’s just getting really annoying sometimes when things don’t go the way they should.
The hotline still says the same original 2020/09 date for Individual hearing, I hope that won’t get stretched out to more years.
We’re supposed to consult with our attorney next week as I hope he can inquire or get more information.
I know we shouldn’t put a pause on our lives but life is definitely harder and plans for the future are uncertain.
Hi Jason,
Can I travel abroad with travel document (asylee) when my green card application is pending?
Thanks.
If you have a valid Refugee Travel Document, you should have no problem traveling abroad and returning. Just make sure you are here for any USCIS appointments. Take care, Jason
Hi Jason,
The instructions to the Travel Document i-131 say that if you have a pending i-485 and if you travel abroad without getting an Advance Parole from USCIS, upon coming back to USA the CBP may refuse your entry to the USA. Would not my Refugee Travel Document be sufficient for the re-entry, even if I do not have an Advance Parole for my pending i-485? It is confusing. What would be your take on this?
Thanks.
KEN, I don’t believe the rule you are referring to applies to asylees. A grant of asylum, or being admitted as refugee, is a special status. Asylees who have pending I-485 applications should apply for, and receive, the refugee travel document (RTD) if they intend to travel abroad and return to the US. RTD essentially serves two functions: 1) the document acts like a passport and 2) the document gives you permission to leave and return to the US. Thus, having an RTD eliminates the need for an advance parole (AP) travel document. An AP does not act like a passport; the document only gives the recipient- usually people who have pending applications for immigration benefits- permission to travel abroad and return the US.
I think that applies to people without some other type of entry document. I have never heard about anyone with a valid RTD who was refused re-entry, so as long as it is valid, you should be able to travel and return with the RTD. Take care, Jason
This is an extract from the i-131 instructions (page 1) “Generally, if you are in the United States and have applied for adjustment of status to that of a lawful
permanent resident, your application will be deemed abandoned if you leave the United States without first obtaining an Advance Parole Document.”
Yes an asylee may travel abroad with valid TD but if he/she has a pending i-485, he/she can not travel even with a valid TD because the pending i-485 will be considered abandoned and void. But I am still confused.
I think that is a more general warning, and it does not apply to anyone who has the ability to re-enter the US. For example, an H1b person who is adjusting status can leave and re-enter. So can someone who has an RTD. Take care, Jason
Hi Jason,
So the eoir sweared in 31 IJs last week. Boston court got just nothing. Do you have any idea if there is going to be another batch anytime soon ? I read that Rep. Cuellar secured 50, among which were these 31. Any idea what is going to happen ? and if new IJs will be sworn in next month or so ?
Thanks
H
I have been hearing mixed news about IJs. I thought they were hiring more, and then I heard that there is no more budget for that and so they would not hire more IJs this year. I will probably know more in a few weeks, but for now, I do not know. Take care, Jason
Hi Jason,
I am about to file I-485 based on approved asylum case. On page 5 I need to record 4 employers but there are only 2 spaces for the employers. How do I record the employers 3 and 4 on the page 14?
3.a. Page Number – 5
3.b. Part Number – 3
3.c. Item Number – ?????
Please advise what would be the Item Number in this case?
Thanks a lot.
There might be space at the end of the form for additional info. If not, you can attach a piece of paper with the extra information. Take care, Jason
KEN, on page 18, Part 14 (Additional Information), the instructions clearly say that if you need extra space to provide additional information within the application, you should use the space provided in part 14. It also says that if you need more space than what is provided, you may make copies of the page (page 18) to complete and file the application. The instructions also say that you can attach a separate piece of paper with the additional information. You must, however, put your A-number on any additional sheet used (put A-number on top of the page). You must also indicate item number, page number and part number to which your answer refers. Finally, you must sign and date any additional sheet/paper used.
Hi Jason, thank you very much for this great website.
I had a question. For a person who is going to file an asylum claim based on apostasy, can activity on social media be used against them? For instance, can the asylum officer say that you have intentionally shared your faith openly with the world to attract danger and harm to yourself to apply for asylum. Someone told me that this was true, which is very concerning, I was hoping to be able to express myself as freely and as loudly as I like in the United States.
Thank you
By apostasy you mean changing religion ?
The asylum office (and other parts of the government) certainly could check your social media to see what you are saying (I wrote something about this on March 15, 2017). However, if you are expressing your views and those views are consistent with your asylum application, I do not see why this is bad. In fact, it would normally help a case. We routinely submit evidence in apostasy cases to show that the person has embraced the new religion, and this includes social media activity. If the worry is that they will think you are constructing an asylum case by deliberately publicizing your faith, I think you should just be prepared to explain why you are being public (some religions require that their adherents engage in proselytizing, for example; other people just like to tell about their faith). Take care, Jason
Dear Jason
In an apostasy case if an applicant says that she converted to another religion while in the US would it be a ground for denying asylum ? I know that there is serious persecution of christians in syria iraq and iran etc. But do you think turkey is in that list too? Take care
I have successfully done apostasy cases where the person converted in the US – in fact, that is probably the majority of my apostasy cases. I do think it might be harder to win such a case from Turkey, but it would depend on the facts of the case and the threat. It may be easier to win asylum from a country like Iran, where the government specifically punishes apostates (including by putting them to death). Take care, Jason
Hi Jason,
Thank you for your excellent articles in this blog!
I have and apostasy case too. I have had to delete back my posts and comments on social media because they could endanger my parents and siblings back in my native country.
But sometimes I congratulate “religious” occasions to my classmates and friends in my native country and sometimes I use religious words such as “Inshallah” on social media. I do so because I respect their believe. Will using such words be used against me?
If they see these posts (which is possible, but probably unlikely), they certainly can ask you about them. You would need to explain why you say such things if you have left your religion. I do think you can explain, but I am not sure that such posts will be helpful to your case if USCIS sees them. Take care, Jason
Hi Jason, I’m a big fan of your blog. There’s a topic that I hope to see you write about which is traveling abroad after asylum case is approved.
My asylum case just got approved and I have applied for refugee travel document to go see my sister in a third country. Of course anyone knows (or should know) not to travel to their country of origin (since seeking asylum from that country). Now my questions are:
1 – how long is safe to stay out of the US? is there any limit by law? I’m planning to return after three weeks.
2 – I’m from one of the Travel Ban 3.0 countries (Iran to be exact). Would this cause me any issues / complications on my return back to USA ?
3 – In the form I filled out for Travel Document I mentioned country I intend to travel is Austria but I might travel to other countries (Japan for instance). Will I be questioned about this on my return?
4 – Are asylees generally taken to secondary inspection upon return to the US?
I know many people that have these very same questions as me. We will greatly appreciate your response.
Thank you!
Salaam Sean; Eydet mobarak. omidvaram halet khoob bashe. Bebakhshid payameto reply mikonam niaz shadid be ye vakil asylum daram. Ettefaghi payameto didam, mishe azat khahesh konam rahnamayim koni va age vakile khoobi mishnasi behem moarredi koni ? Kheyli gereftar shodam damet garam. Ghorboonet
Salam!
Nau roz Hama Azizan Irani be den wa murtadt Mubarak!
Behtarin wakil amen Jason ast. Faqat 6000 bede wa karet tamam!
Salaam. Mamnoon az pasokhetoon, Shoma ishun ro gereftin ? Az vakilaye irani behtaran ?
Wakil ha irani hama fraud wa drogh go astan! Da Janet mezanan
Bebakshid age khasti javab bedi be in email javab bede kheyyyli lotf bozorgi mikoni: yashar.sabet1994@ gmail.com
1 – Three weeks is fine. Generally, a person can return if their RTD is still valid, but sometimes, if you stay out for months, it might delay the GC (though this has always been unclear to me). Anyway, three weeks is no problem. 2 – It should not, though sometimes the CBP officers do not know what an RTD is, and this causes some delays at the airport, but there should be no issue returning. 3 – They can ask you, but I have never heard of this being a problem. 4 – Normally, they are not, but sometimes they are. Even so, I have never heard of any major problems. Take care, Jason
Hi Sean and Yashar,
Happy Persian New Year to you both. Could you please share with us which location you applied and when?
We applied to LA/California, Sep2017 and still waiting for an interview.
Happy Persian new year everybody! I applied on Jan 2018 in Houston, still waiting for the interview!
Thanks!
Jason,
I’m supposed to pick up a decision tomorrow (it’ll be 14 days since the interview). The online tool shows “pending.” The USCIS didn’t call the attorney to say that the decision would be mailed. Does it mean that I need to go and a decision will be given to me (and that the tool isn’t working)?
I do not think the online tool tells you to come pick up a decision (though maybe I am wrong). Anyway, you do have to go and pick it up. I have seen a few times where no one called, the person went to the pick-up, and the decision was not ready, so you have to try to be patient. But hopefully, it will be ready and it will be a good decision. Good luck, Jason
Dear Jason,
My application for asylum has been pending for 6 months after the interview. Before my case status was saying “decision pending” but now it says application pending. Why is it so? Do you have any idea why USCIS changed my case status from decision pending to application pending? When I was interviewed, the asylum officer asked me some questions about my membership in a student political party and my role in that party and she also asked if I have paid any money to that party, and I said I used to pay around $2 a year as a membership fee. At the end of the interview, she got me signed a sworn statement in the presence of another asylum officer. I do not understand why did she make me sign that sworn statement.
I do not know, and I think these messages really have no meaning. As for the sworn statement, maybe there is evidence that the party engages in violent activity. If so, they could be a bar to asylum. If you have been waiting 6 months, you certainly can contact the asylum office to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
My friend live in Noth Dakota. He will be interviewed next month at Minneapolis, Minnesota. So he wants to send supporting documents
The question is where he has to send it to Chicago or Minneapolis? Thank you
He should email the asylum office to ask how to proceed – You can find their contact info if you follow the link at right called Asylum Office Locator. We have a case at a different suboffice of Chicago. They asked us to email a scan of the documents to them and to bring the hard copies on the day of the interview, but I do not know if that is what they will want in MN, so you should email to ask. Take care, Jason
Dear jason, thx for your precious blog and information.i need your help. I have applied for asylum on july 2017 nj office and no news for any interview yet. I contacted my lawyer 8 months ago and he said they are doing dec 2017 and to wait few monthsand i will get an interview. I recently called him and he said they are still doing dec 2017 although i know a friend who filed nov 2017 and he got his interview more than 4 months ago. I donnot know if my lawyer is giving me wrong information regarding this so as not to disturb him evry now and then or what. I cannot believe that they are such slow to take them more than 8 months to do one month. I believe that this way i am gonna wait about 5 more years for them to come to july 2017. What do you think about that?????
Asylum,
You have been waiting for not even more than two years and you are already frustrated. You better have patience because you can’t do anything about this situation.Your attorney took a risk trying to tell when you may have your interview as you are no longer finding him credible. Nobody can tell with accuracy nowadays when you can have your interview.
Be patient, they will get to you.
Good luck!
I new system went into effect in January 2018, and now they do newly filed cases first. It is called LIFO, and I last wrote about it on July 10, 2018. There is no more “schedule” and no one can tell you when the interview will be. Also, there is not really a good way to know which old cases are being interviewed now. You can contact your asylum office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, you can try to expedite the case – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
Please advise, can family visit to the home country without any issues at the returns to the USA if they hold a valid GC based on derivative asylum cetagory A7 & A8 on their Green Card?
I think they take some risk. Many people do this, and typically it is fine, but it depends on the case. If the principal says that the whole family is in danger, and then the family members return home, that might cause issues down the line – maybe when they re-enter the US or maybe when they apply for citizenship. In most cases, there is no problem, but the risk is not zero. Take care, Jason
I read online that they issue the asylee a new I-94 once they granted his asylum?
So the old I-94 on the cbp.dhl official website will be updated as well from the tourist or student admission to the new I-94 asylee?
Or it doesn’t happen necessarily?
Thanks Jason
I do not think the CBP website will be updated – if you win at the asylum office, they give you an new I-94 at that time, and if you win in court, you have to make an InfoPass appointment with USCIS to get the new I-94. Take care, Jason
Dear Jason,
I submitted an inquiry through the congressman of my district. Hopefully it will do something. I dont know what else to do. Im desperate. Its been 300 days pending decision in Arlington.
The last resort is a mandamus lawsuit – we wrote about that on October 2, 2018. Good luck, Jason
Hi Jason.
Yesterday i had the IH here in NY. It didn’t go to well. The prosecutor asked me questions about 1h 30 min. I explained everything. But he had two problems with me.
1. Why i did pay taxes in PA and not i NY., and i told him because inwas working over there part time and even I did not make to much money I don’t whant to do anything against the law and for that reason i paid taxes where i was getting the money from.
But he still insist on that and against that for like 30 min.
2. The cards showing the political party membership was with error Democratik( it was Democtarik) which i swear I didn’t notice till yesterday. And he said that this is a fake ID , and I explained that is 100% original but i was a tecnicall mistake.
After this i told i have other proves showing my activity in this party but he wont listen.
On the end the Judge told me that she was believed in me 90% but now she can’t make a decision on this moment without review everything. She scheduled me another appointment with her in 11 July to take the decision, but she also told me that if she makes the decision earlier she will mail to my lawyer.
Today i took a prove from this party in my counry explaining that this was a mistake in like 500 more cards during the print, but thay notice this late and with a new cards, different type of them they mailed to my lawyer wich needs like 3-4 days to come.
My question is. Is any chance that my lawyer can go to the court try to find the judge and in person to give this prove and explain to here even the case is close now but the decision is pending.
And what to wait on this situation Jason. Now it’s 5 years here and the prosecutor offered me to stay in us forever , but to not have rights to leave the country wich i refused in court ?!
Regards Jason
The lawyer cannot really communicate with the judge in person, but the lawyer can submit the document (and any other documents) in writing and explain why you are submitting it late (you did not notice the error and so now that you know, you contacted the party for an explanation). The lawyer can argue that it should be accepted and considered, since it is new, previously unavailable information. It sounds like they offered you withholding of removal. There are good reasons not to accept that (I wrote about this on December 10, 2015), but usually, if they offered you withholding, you will at least get that the judge would not normally deport someone simply because they did not accept such an offer. Good luck, Jason
Hi Jason .
Thank you for the reply.
What about Taxes that i did in PA when i was working part time, instead of doing in NY. Is that a really big error that prosecutor was insisting that I shouldn’t done this.
I was trying to explain to him, that i was working part time over there and it was wish to do taxes over there because i was making some money and I didn’t want to do nothing agains the law. And i told him you ask me for taxes I offered you with all my pleasure without trying to hide anything.
Appreciate Jason
Maybe the DHS attorney was just trying to show that you were not being truthful, on the theory that if you are not truthful about where you live, you are not truthful about your case. It would not hurt to submit some evidence to support the reason why you filed taxes in PA – maybe a letter from the tax preparer or your employer? I do not know how important this is to your case, but if you think it is important, you may want to do something about it. Take care, Jason
[…] On the Morality of Deporting Criminals (The Asylumist Blog, March 2019) [text] […]
Hello Jason! I applied for U Visa almost 3 years ago. Dec of 2016 gave my biometrics. Since 2016 I didnt get any answer. Got just two Petition Number one is for U Visa second one is for Work Authorization. And my lawyer told me that I will get U Visa together with work authorization. Does this case work like this in most situation ? Or I can apply for Work Authorization separately. What is my rights while I was waiting for my visa if I am victim of crime. How does work work permit
proccess for U Visa petitioners? Thanks
I do not do U visa cases, so I am not sure. Some applications allow a work permit while you are waiting for the applications; others do not. Three years is a long wait, and I would double check with the lawyer about this. Take care, Jason
Hi
Why the green card after asylum has different categories (AS6, 7 & 8),
Does it matter latter when we apply for N-400,
Can the spouse apply without the principle?
Can you write about why there are many green card categories?
Thank you.
I do not know, and it seems like a bad idea to me. Asylum should be confidential, but you have a GC that indicates that you had asylum (for those who know what the codes mean). This has no effect on an N-400. If the spouse has a GC and is eligible, he/she can apply for citizenship without the principal. Take care, Jason
Hello JASON,
I am in the middle of my PhD program with excellent progress and have been waiting for my asylum decision since 2017. Currently, I am in status. I have a strong case and my interview went very well. I have severe financial hardships which make worse my disability. I have asylum EAD but have not used it. Asylum EAD provides multiple options to work off and on-campus which could easily resolve my financial issues. I would like to use EAD and am aware that by using asylum EAD will terminate my current F1 student status. Do you think it is wise to use asylum EAD? Or USCIS could use this against me?
THANK YOU
I do not think using the EAD will terminate your F-1 status. There was a memo last fall that seemed to say that F-1 status will be terminated if you apply for asylum and asylum is denied, but I do not know that it will be terminated by working with the EAD. I have had student-clients work without any issue. Maybe the school itself can advise you about this, as they may know more. Take care, Jason
Dear Jason;
I am very curious about the content of the mentioned memo; would you please share it ?
Unfortunately, I had it, but now I can’t find it, and for some reason, it is hard to find online. It was a USCIS memo from September 2018. Maybe if you Google around you will find it. Take care, Jason
Dear Jason;
Thanks for the reply; I was reading the memo and I found a surprising part in it which says:
The updated policy affects the following categories of cases where the individual is removable:
“…
Criminal cases where an individual is charged with (or convicted of) a criminal offense, or committed acts that are chargeable as a criminal offense, even if the criminal conduct was not the basis for the denial or the ground of removability. USCIS will, where circumstances warrant, refer cases to ICE without issuing an NTA or adjudicating an immigration benefits.
…”
Last year, I was charged with a “fifth-degree theft” (simple misdemeanor), which has a long story and I was not guilty. So I pleaded not guilty in the appearance court; I did never admitted the guilt and my attorney settled down the case through a “deferred prosecution”. The court set a hearing in 6 months and on the court date, the prosecutor set the motion and dismissed the charges. Based on this updated policy that I mentioned above, Am I removable ? Will this background have any negative implications on my asylum interview ?
I appreciate your time and attention;
I doubt this will have a negative effect, but I do not know for sure. I have not heard how they are handling cases that have been dismissed. I think if they tried to use those cases as a basis to refer to court, it might result in legal challenges, but so far, I have not heard about such cases being referred, so hopefully that will not be an issue. Take care, Jason
Hello Friend,
I have the same situation, a full-time employee using my asylum EAD and transferred to a new university doing my MBA and still maintaining my F1. If using my EAD was a problem university could not transfer my SEVIS.
Hope it helps.
Hi Jason, trust you’re doing gois!!
Can I apply for I-589 with my sixteen years old daughter?
Thanks for your response!
If your child is under 21 and not married, she can be included as a dependent on the asylum case. Check the instructions for the I-589 about what you need to do to include a dependent. Take care, Jason
Appreciate all you do Jason!!
Would like to know if one can file for adoption for a sixteen year old!!
Thanks always!!
Probably, but it would depend on the law where the adoption is taking place. For immigration purposes, I am not sure whether adopting someone 16 years old or more will work – I think 16 is the cut-off, but I have not looked at that issue in a long while, and I do not remember. Take care, Jason
Thanks Jason for your timely response!! God bless you for your selfless service!!
Appreciate you!!
Good day Mr Jason! Thanks for your help always!
What is the present status of daca?
Are they accepting new appreciation ?
Can a sixteen year old that arrived in USA in 2016 apply for daca?
Thanks and regard!!
I do not really do DACA cases, so I don’t follow that too closely, though I know the program is still operating (despite the President’s efforts to end it). However, I think a new applicant cannot apply for DACA, but I am not sure. You should talk to a lawyer who does more such cases. Take care, Jason
Hello!
My Status is pending decision
It’s been 1year now, I’m also waiting for my decision. It still says DECISION PENDING!!!
Let’s keep our fingers crossed!
I want my mom to come and visit me. Can I send her an invitation letter with my full address. Thanks Jason for your prompt answer.
Yes. Whether that will help her get a visa, I do not know. She still needs to qualify for the visa, though your letter helps explain why she wants to come here. Take care, Jason
Dear Jason,
I have a kind request. Would you please kindly open the ” Black Box” regarding the asylum processes in the US? What do I mean?
I could not find a very honest and clear answer for delays in the process of asylum. Who evaluates the performance of asylum officers? Do you think they are really doing their jobs? Is this FBI and other law enforcement institutions that cause delays? Is this discrimination based on race/ethnicity/religion/color/country of origin? A Swedish citizen could get GC in 3 months but an Ethiopian citizen get it in three years? Why? Ethiopia is “shit-hole” and Sweden is ” White Heaven”? How the asylum applications are assigned to officers? Randomly? Law? Speciality? Understanding the country context?
Who answers to inquires for each individual cases? A computer? A real person? If a real person, why the answers to million requests are the same?
I have hundreds of questions and I I don’t know why smart US policy makers and decision makers are not addressing these challenges properly!
The system is a mess. Most delays are caused by the problem of too many asylum seekers, and too few resources to process cases. I do not see any grand conspiracy, and I think individuals within the system are generally trying to do the right thing, but they are often overwhelmed. Also, the security background checks are an issue – they seem to be slowest for people from Muslim countries, but they can be slow for many people. Other than this, I am not sure what I can tell you. Take care, Jason
Jason, I also want to join this question above.
I was and still am doing a research on asylum process and I noticed this thing: some decisions come quicker than others. You can’t explain it by number of cases. How come some seekers get their APPROVAL in person in 2 weeks after the interview or within couple of months by mail while others are waiting for many months/years. Background check couldn’t be the reason for such difference as I’m talking about cases from same country. There must be something else that keeping them from issuing an approval. What that is I do not know. Any idea?
It depends in part on the asylum officers and the supervisors getting the work done. It also depends on security checks, which vary widely even for people from the same country. Some cases get sent to HQ for extra review; other cases have “material support” of terrorism issues. There are many factors. The big mystery to me is why we see background check issues at the asylum office but not for court cases, but that is another story. Take care, Jason
Hello Jason,
I wanted to waive my interview to go to court and a letter was sent since last October 2018. As I never received any answer for the request from the office I wrote a letter to the Asylum to know if they ever received the letter. However, I made a mistake in my wording by saying that I want to know if they received any letter requesting that they withdraw the case to send me to Court. Thankfully, the lawyer sent another letter to correct the word withdraw by replacing it by the word waive to go to court as I initially requested it.
From your experience what is the timeframe to get the letter accepting me to go to court? Do you think that mistake can get corrected? I’m in New York
Thank you for your answer.
Please Jason,
Take a look at my above message.
Thank you!
Sometimes, the Asylum Office is sending a letter to applicants giving them the option to skip the interview and go to court. This is generally for people who have been in the US more than 10 years prior to filing for asylum. Whether you can request to skip the interview and go to court, I am not sure. It sounds like you are trying that, but I do not know about the time frame for such a request. For people who withdraw a case, that usually only takes a few days or weeks, but in your case, they would have to issue a Notice to Appear, and I do not know how long that might take. If there is no response after 30 days, you can always follow up. Take care, Jason
Hi everyone,
I am following this blog since I came here. I can say that i granted my asylee with the help of this blog. Thank you Jason.
Today I have a question about my family visa. USCIS approved the i-730 before 3 months and they send it to the embassy. When I checked on the cease.gov website, it says ready. It is about 3 months. Is this the normal time frame? What can I do? I tried to contact the embassy but they couldn’t tell you the specific information about the particular person. For your information I did not do any steps. I didn’t pay, submit documents and the like because I couldn’t get any direction. I need help about this process.
Thank w
Time frames vary depending on the embassy, and so the fact that you have been waiting 3 months so far, seems pretty normal. Once the I-730 is approved, you should have received notification about the next steps. If not, you might try contacting USCIS (the phone number can be found at http://www.uscis.gov). The process is fairly simple compared to normal consular processing, but it may be that you are just experiencing the normal delay. There is no harm in contacting USCIS to ask about next steps, though. Take care, Jason
Dear Jason,
I must first of all thank you for spending your valuable time for such an activity. I really appreciate that. My question is the following : a friend of mine is planning to apply for asylum here in the US. However he is out of status now. He came to this country about 11 months ago. Can he still apply for asylum when he is out of status ? My second question is that he does not belive that his case is strong. He does not have evidence. Therefore he thinks he may be rejected my Ucsis. He wants to learn if he gets rejected in how many years will he get a court hearing ? Some pepple say nowadays they give court dates for deportation proceeinsgs for 2022 or 2023. Is it true ? My friend wants to stay in the US but he unfortunayely fell out of status. Will this affect hic chance of getting acceptance in ucsis and in court during depoetation proceedings? Thank you very much in advance for your kind answers Jason.
Take care
He can apply for asylum even if he is out of status. However, if more than one year passes from the time of his arrival until the time his asylum is filed, he can be denied asylum on that basis alone – I wrote about that issue on January 18, 2018. He should do his best to gather evidence and make a strong case – maybe a lawyer can help with that. The time frame for a court hearing is not predictable, as it depends on the judge. For my cases, most seem to take between 1 and 2 years these days, but some judges are 3, 4 or more years. The fact that he is out of status would not generally affect whether he can win the case, though they could ask him why he did not file sooner if he was afraid to go home. So he should be prepared to answer that question. Take care, Jason
Dear Jason
Thank you for your answer. When you say court process takes 1 or 2 years in general do you mean the initial master hearing or do you mean the time frame between the referral to court and the final decision of the court ? Also how many hearings does it usually take for the judge to give its final decision ? My ffriend wants to know if the judge gives the decision in 1 hearing or some more? Thank you
Also when his case is in immigration court can he set up a company or buy an existing company ? Can he apply for investor visa or something like that while in an pending asylum status ? Thanks Jason
He can set up a company. He can also apply for an investor visa, but he may to leave the US to actually get the GC. This may or may not be possible, and he would have to talk to a lawyer about that to see whether he can do that. Take care, Jason
That is a very general statement, but I was referring to the whole court process. In most asylum cases, there are two hearings. Usually, the judge gives the decision at the final hearing, but not always. Take care, Jason
Dear Jason and the Asylumist participants,
First of all, I would like to thank you for the compassionate and great job you have been doing to help the vulnerable asylum seekers!
I applied for asylum in U.S two years ago based on fear of persecution as a result of my political activity in my home country. I was a member of one of the major opposition political parties in my country and I protested peacefully against the dictator regime. As election time approached, the regime arrested prominent leaders of my party and secretly replaced important party positions with a pro government faction. As a result, almost all members and supporters including me left this party. Despite the narrowing political space, I continued my peaceful protest against the dictator regime such as participating in anti-government public demonstrations.
While I was in my country, I was illegally detained and all of my party membership documents were seized by government forces.
In my asylum application, I stated about my activity in a political party. However, I don’t have those party membership documents.
What kind of other documents can I get to show my previous political party membership and activities???
I ppreciate if Jason and anyone with similar experience could provide me with helpful information.
I look forward to hear from you soon.
Thanks!
It is important to try to get evidence – photos at events, letters from people who know about your participation, any membership documents or receipts you may have. Also, you should explain why you have few or no documents and get evidence in support of that. Maybe there are news reports or human rights reports about how the government seizes party membership documents. The basic rule is that if you say something happened, you should get evidence about it or, if you cannot get evidence, explain why not. Take care, Jason
Dear Jason,
I received my EAD receipt and the Receipt # is starting from LIN instead of SRC. I usually got SRC numbers upon first time EAD and then renewals but this time I was given LIN number which is I guess Nabaraska Service center. Could you tell me what would have happened? or what does it indicate?
Thank you in advance.
I don’t know. It probably has to do with which office processes the case, but I have not notices any difference in processing based on receipt numbers. Anyway, there is nothing you can do about it, so hopefully, it will just be processed in a timely way. Take care, Jason
Old sins have long shadows – An English proverb.
Hi, thanks for you work. Please have you had clients been called for second interview, was the person approved after that if yes? In my case the officer is still around but they need more documents and questioning.
How long does the second interview takes from when one is told, have not heard from them since I was told I will be called.
Hi, which office has your application pending? Mine is pending at SF Asylum Office. I inquired with the office last week and one of the supervisor told me the same thing.. ” You may be called for second interview or you will get your decision soon. I can’t tell you exactly when. It could be several weeks from now. Wait for a letter in the mail…”. Can you let me know how long has it been since you were told that you will be called for a second interview..
Hi, mine is in Newark, and it was last week as well. I believe I have a very strong case but I don’t know why there is need for another interview
Btw, how long have you been waiting for decision (when was your first interview) ? Mine was back in August and I have been waiting for decision since then…
BAE could you please share your timeline? When did you apply for asylum?
Hi BAE, What is the latest asylum interview timeline in Newark office? Have you heard of anyone that has applied between January – August 2017 being interviewed? Thank you!
Hi when did you attend the interview.please share me your timeline.
Maybe about 10% of our clients get called for second interviews. Some are approved; others are not. You should be prepared to answer all questions, as you were in the first interview, and also try to testify consistently with what you said at the first interview. Some second interviews are very quick, but others take a long time. When the interview will be, I do not know. It depends on the office’s ability to schedule it, I guess. Take care, Jason
Jason, I have MCH scheduled on 19th Match. I applied for asylum which got referred. Then before the NTO my U visa was approved. Now my lawyer applied for termination of removal. This was a week back. My hearing is around the corner I did not get a reply from court. Do I go for my hearing. What paper work will i need? I am confused.
Hey Torres,
Would you mind sharing how long did your U Visa application take to be approved. Were you seriously hurt when you applied for it? I would appreciate your response. Besides, how long has you asylum application been pending?
Unless you get a response to the motion to terminate, you need to go to court. At that time, you can show the judge the approved U visa, and maybe the case will be terminated at that time. If you fail to appear in court, the judge can order you deported. Although you could probably fix that (since you have a U visa), it will be much simpler and safer to appear in court as required. Take care, Jason
Hi Jason,
Thanks for your work. I have a quick question. My wife was added as a dependent on my asylum application on the day of the interview. My application was pending for over 180 days before she was added. My question is she eligible to apply for EAD immediately or we have to wait for at least 150 days after she was added (i.e. day of interview) before we can apply for her EAD.
Thanks.
There’s only one clock in asylum case – yours. Whoever added to your case falls under your clock. So if you are eligible to apply for EAD then everyone who also included in your case eligible too.
If the principal applicant (you) is eligible for an EAD, the dependent is eligible too. She does not have to wait 150 days after she is added to the case. Take care, Jason
Hi Dear Jason,
Thanks for all your helps and efforts to answer our questions.
Have you had any client with pending asylum, who applied for change of status?
I am on F1 and willing to change to F2. Do you think it will get rejected because of my pending asylum?
I have not had a client do that, at least not as I remember, but it will probably work – As I understand, USCIS is not canceling status for students who file for asylum. They only do that if asylum is denied. So if your asylum is pending and you are still in valid F-1 status (and are a full time student), you should be able to change to F-2. There is no guarantee, and I guess they could deny, but I have not heard about that happening, and as best as I can tell from USCIS’s confusing pronouncements, it should be do-able (one caveat – there is a brand new form I-539, and I have not even looked at it yet, so that may affect things – check the new form and the instructions). If you are not sure, talk to an attorney to research the question. Take care, Jason
Hi Jason;
I did not understand something in your comment; If a student applies for asylum and his application is denied, even if he maintains his status, USCIS might cancel their status ???
There is a memo from September 2018 that seems to say that (it is not very clear), but I have not heard about USCIS actually canceling the status. Take care, Jason
Hi Jason,
do you mean they would serve f1 holder with NTA at the same time with final denial or they will wait for a period of time?
thanks
I am not sure, as I have not heard about them actually sending students to court if asylum is denied, but I guess if they do that, they will probably give you an NTA at the time asylum is denied. Take care, Jason
Hi Jason!
Please also clarify me on this. I have been told by many people that if I maintain my F-1 status, I would not lose it if my asylum application is denied!!! Am I wrong on this ?
There is a memo from September 2018 (which I saw but cannot find any more), which seems to say that F-1 students who apply for asylum and who are denied will be referred to court. I have not heard about this actually happening, but after that memo, I do think that is a possibility. Take care, Jason
Hello Mr.Jason,
I have some questions. I’d be happy to receive an answer:
1. We were granted asylum in November 2018. We already had EADs before (150 day clock) however we’ve not received the new EADs after being granted. What should we do?
2. How long does it take to receive the green card after sending the form to the USCIS? (after asylum)
Thanks
1 – If you received asylum from court, you have to Google “post order instructions in immigration court” and follow those. If you got asylum from the Asylum Office, they should automatically send the card, though these days, that seems to be taking several months. In your case, it seems too long. Maybe you can try contacting the asylum office to ask about this, or just apply for the EAD based on category a-5 using form I-765. The first such EAD is free. 2 – You have to wait at least one year after winning asylum, and then you can apply for the GC. Wait times are variable, but probably about a year. Take care, Jason
Thanks!
Hi jason! I have a question. Can I renew my ID with a AED renewal receipt?
It seems that different states and different DMV workers reach different conclusions. You can try – the receipt indicates that the old EAD is extended for 180 days, so maybe if they see that and the old EAD, they will renew your state ID. Take care, Jason
Hi Jason.
I granted Asylum.Now want to apply EAD A5 application.i have Court orders, uscis Asylum approval letter, i94. what more documents i should attach with application?
If you received asylum from court, you have to Google “post order instructions in immigration court” and follow those. If you got asylum from the Asylum Office, they should automatically send the card, though these days, that seems to be taking several months. Take care, Jason
Hi Jason;
I am a F1 student and I am aiming to transfer to another school (SEVIS transfer) in a few months, If I file my asylum application before that does it make any problems for my SEVIS transfer ?
Hi, I have pending asylum and waiting for interview. I cloud extend my I20 for one more semester in my current school. this week, I will transfer to a new school I will let you know about my sevis record, but as I cloud extend my I20 I think my sevis is still active.
I have not heard about people having a problem under these circumstances, but I cannot remember ever having a client transfer schools after we filed for asylum, so I cannot say for sure. I don’t see why it would be an issue, as long as you do not leave the US, but I cannot say that I am 100% certain. Take care, Jason
Hey,
I have pending asylum, and after finished my OPT transferred to another school with no problem. But I don’t know if you apply now and get rejected by the time you want to change your SEVIS what will happen.
Hi jason i have question ….from last few months i was feeling breathlessness and tachycardia i went through all the heart tests and at the end the doctor diagnosed me with depression and anxiety….can this medical ground is enough for me to expedite my case which is pending from three years and no doubt depression and anxiety is because of my nowhere status in usa ..please guide me in this regard thanks
This may be a reason – we have expedited a case for similar reasons. If you can get a letter from the doctor explaining the problem, and explaining how resolving the asylum case would help alleviate the problem, maybe that will work. I wrote about expediting on March 30, 2017 – maybe that would help too. Take care, Jason
Hi Jason. i am granted Asylee. i appliedform i730 for my family in my native country. 8 months have passed but not granted yet. i see daily on uscis website but nothing new. 1.what more time will take to approve here in usa? 2.coul d uscis inform me approval in written? 3. After approval here what more time will take in my home country? it is in South Asia,a muslim country.
1 – We are seeing cases take 8 to 10 months, so hopefully it will be soon, but everything is delayed these days and wait times are not predictable (though the processing times at http://www.uscis.gov are fairly accurate). 2 – The should send you a letter if the case is approved. 3 – Time frames at the embassies vary, and some countries seem to have long “security check” delays, at least for men. Other times, the cases move quickly and it only takes a few months. Hopefully, it will be soon. Take care, Jason
Hello Jason. I have a question about moving to an another state while your case still pending. What would happen with a time clock ? Am I gonna get my interview sooner due to LIFO ? Or its gonna be relatively at the same place?
If the clock has already passed 180 days, there is no effect. If not, and if you move and change your address to a new asylum office, the clock may stop. I recommend to people that they try not to move until they have the work permit in their hand. That is the safest thing to do. take care, Jason
Hi Jason,
Thank you for the great piece. Please clarify this statement. “Amerasians are children of American soldiers and Vietnamese women.” Aren’t they technically Americans since one parent is American?
Thanks
Thanks Jason for always keeping us informed. I thought about asking the same question as Jate.
I was going to mention this in the post, but I was too lazy…
They are not. The law about derivative citizenship has changed over the years and is not retroactive. Today, someone with a US-citizen father would have a claim to US citizenship, but that was not true during the 1960s and 70s. A special law was created to help Amerasians, and so many came here through that law (in the 1980s), but that did not give them citizenship – they still had to apply for it. Some did not get it, and have been ordered deported for crimes (or maybe other reasons) and so now they are in jeopardy. Take care, Jason