“The first thing we do, let’s kill all the lawyers.” So says Shakespeare’s Dick the Butcher in Henry VI Part 2. Dick is advising a pretender to the throne about how to seize power. The idea is, if we get the lawyers out of the way, the lawless can prevail. Four hundred years later, it’s still good advice: If you want to violate the law, you have to somehow neutralize those who are sworn to uphold it. In recent weeks, we have seen two different governments–Iran and the United States–take steps to intimidate and marginalize attorneys who are perceived as obstructing their goals.
The more vicious case is taking place in Iran, where “prominent Iranian human rights lawyer and women’s rights defender Nasrin Sotoudeh [was sentenced] to 33 years in prison and 148 lashes.” This is on top of an earlier in absentia sentence of five years imprisonment. Her “crimes” include “inciting corruption and prostitution, openly committing a sinful act by… appearing in public without a hijab, and disrupting public order.” Ms. Sotoudeh has long been a peaceful advocate for women’s rights and against the death penalty, and Amnesty International writes that her punishment is the “harshest sentence” that the organization “has documented against a human rights defender in Iran in recent years, suggesting that the authorities – emboldened by pervasive impunity for human rights violations – are stepping up their repression.”
This is an important point–the actions of the Iranian government do not occur in a vacuum. They are part of a malignant pattern of torture, harassment, intimidation, and murder of peaceful political opponents. The obvious purpose of this terror campaign is to keep hold of political power and intimidate dissenters into silence. And of course, Ms. Sotoudeh is not alone. As the U.S. State Department notes, “hundreds of others” are also “currently imprisoned simply for expressing their views and desires for a better life.”
Commenting on Ms. Sotoudeh’s case last summer, the U.S. State Department said, “Ms. Sotoudeh has spent the past several years harassed by the Iranian regime and has been routinely placed behind bars for daring to defend the rights of those in Iran.” “We applaud Ms. Sotoudeh’s bravery and her fight for the long-suffering victims of the regime.” A State Department spokesperson called Ms. Sotoudeh’s more recent sentence “beyond barbaric.”
I agree. But unfortunately, it’s more difficult for us to condemn Iran and claim the moral high ground when our own country is also intimidating and mistreating human rights attorneys. The extent of our malfeasance is not equal to what we see in Iran, but it’s not what we expect from the United States either.
Earlier this month, NBC News reported that “Customs and Border Protection [or CBP] has compiled a list of 59 mostly American reporters, attorneys and activists who are to be stopped for questioning by border agents when crossing the U.S.-Mexican border at San Diego-area checkpoints, and agents have questioned or arrested at least 21 of them.” CBP claims that the people on the list “were present during violence that broke out at the border with Tijuana in November and they were being questioned so that the agency could learn more about what started it.” The ACLU calls the government’s actions an “outrageous violation of the First Amendment,” and argues that the “government cannot use the pretext of the border to target activists critical of its policies, lawyers providing legal representation, or journalists simply doing their jobs.”
According to the NBC News report, several lawyers have been targeted. They have been held for hours in secondary inspection, questioned, had their cell phones searched, and–in at least one case–been accused of “alien smuggling,” which is a serious crime. Referring to the NBC News report, one attorney said that it “appears to prove what we have assumed for some time, which is that we are on a law enforcement list designed to retaliate against human rights defenders who work with asylum-seekers and who are critical of CBP practices that violate the rights of asylum seekers.”
Another lawyer described his brief detention at the border. CBP officials told him that “their job is to investigate terrorism and criminal activity on the border” and they asked him questions about the work he does, the organization he works for, and how the organization gets funded. They also asked him for his cell phone, which he handed over and unlocked. “I have nothing to hide,” the lawyer said. “I’m not a criminal. I’m not a terrorist. I’m just doing my job as an American citizen.”
The effect of these tactics is not simply to frighten and inconvenience the lawyers who are stopped at the border (and to potentially violate attorney-client privilege). Targeting lawyers (and others) in this manner also has a chilling effect on anyone who might be inclined to assist migrants and try to protect their legal rights. One lawyer, speaking on condition of anonymity, said, “I was going to go [to Mexico] this week, but I had to worry about whether I could get back in [to the United States].”
Being detained for a few hours and questioned is not the same as being sentenced to lashes and imprisoned for decades. However, the treatment of attorneys in the U.S. and Iran has something in common: It is designed to prevent people from exercising their rights as human beings by reducing their access to legal representation. Whether those people are migrants seeking asylum or women seeking equality, they are entitled to attorneys to assist them in securing their legal rights.
I agree with the U.S. State Department’s assessment of Ms. Sotoudeh’s case. She should not be punished for “daring to defend the rights of those in Iran.” But neither should U.S. attorneys be punished for daring to defend the rights of those lawfully seeking asylum in the United States. Our country should be setting an example for the world. We should not be lowering ourselves to the level of one of the worst human rights abusers on earth.
Hi Jason,can the mpp policy apply to assylum seeker who are already in removal proceeding in immigration court since 2015
No – it only applies to certain people who arrive at the US/Mexico border and ask for asylum. Take care, Jason
Dear Jason,
Thank you for your kind support. Would you mind to answer my questions:
1) Any update on Chicago Office, which I applied in December 2016 and they accepted me to the short list on May 29, 2018.
2) However, I live here for almost 3 years, universities accept my children as a F-1 student. And these are out of my finance possibilities. And I am a professor with Ph.D., which applications to the positions have rejected so many times by the Universities due to my status uncertainty. Are these could be the reasons for the expedite my case?
Thank you for your time!
Best.
Also I’m always keep asking on this blogs for any asylum decisions made on last 10 months from Chicago Office,particularly for the LIFO,filed in 2018 cases,& accomplished interviews in 2018.As I did my interview on June 12th.2018,& still waiting for the decision!!!!!!!!!!!!!!!!!!!!!!….Asylum process in USA,It simply seems as shortest way to hell????????
The Chicago office is generally pretty good – maybe try emailing them and ask about the case status. You can find their email address if you follow the link at right called Asylum Office Locator. Take care, Jason
1 – No update, but I have heard from another attorney who has more cases there that things seem to be moving along. Hopefully, you will have an interview soon. 2 – In my opinion, this is not a very strong reason to expedite, but you can try (I wrote about expediting on March 30, 2017). There is no harm in asking, as it might work. Take care, Jason
Hi everyone,My USCIS case status clock stopped running while decision is pending,Can anyone say if their clock have stopped running while pending or it’s still running.Thank you for your response.
Thank you Jason for your words of encouragement.
Sn
It looks like the office has issued a decision on your application
It should only stop if you caused a delay, but missing an appointment for instance. I suggest you email the Asylum Office and ask about that – you can find their contact info if you follow the link at right called Asylum Office Locator. Also, the online system has had some issues lately, so maybe that is the problem. Anyway, it is worth checking with the Asylum Office. Take care, Jason
Hi Jason,
The asylum officer misinterpreted my things in my case. Country condition and news reports and expert witness support my claim. My application was super clear and coherent. I do not know how to convince the officer to reverse her decision in rebuttal.
Thank you
I am not sure what you mean by a rebuttal. If it is a Notice of Intent to Deny letter, it lists the reasons for denial, and you would need to address each reason. Otherwise, I do not know what a rebuttal is. If the case was referred to court, you could try a motion to reopen/reconsider before the asylum office, but those rarely work, and generally are used only to submit new evidence that was not available at the time of interview, or to explain why the asylum officer made a serious error in the decision. More likely, when the case is referred to court, you will just have to do the court case and present the matter to the judge. Take care, Jason
Hi Jason,
Is it possible for Asylum lawyers and NGOs to lunch a petition asking Congress and USCIS to allocate at least 10% of resource to the older cases? This way those stuck in the backlog will have some hope of getting interviewed someday.
I think those stuck in backlog, most of the times they have completed their documents and are ready for interview, so it will help in curbing the backlog from both ends!! While is new applicants may be cancelling their interview and causing wastage of resources and time. Thanks.
Hi,
You are right. And if USA wants to help resettle ppl for “humanitarian” reasons, then USCIS should interview those stuck in backlog for years based on the same humanitarian reasons!
It is possible, but it is not really Congress who decides that – it is the policy of the Asylum Division, and they manage their overwhelming case load as they think best. People (including me) have suggested to them to allocate more resources for old cases. Whether they will do that, or if they have the capacity to do it, I do not know, but if Congress gave them more resources, obviously, that could help. Take care, Jason
Do you have any information about Arlington? I was interviewed 220 days ago and Im still waiting for a decision. Everytime I inquire they say “pending” with the supervisor.
How long does this usually take?
Im on status (F1) and is not fair that just because Im on status my decision takes longer.
Thanks in advance
I doubt the decision is delayed because you are in status. Usually, the delay is caused by security background issues. How long the delay will be, I do not know, as some cases do take many months or even years. If the inquiries are not helping, one option is to file a mandamus lawsuit. We wrote about that on October 2, 2018. Take care, Jason
Jason,
My case has been pending for only 6 months. Isnt too soon? I am from Venezuela and my brother, cousins and aunt got their asylum in 2 weeks and mine has been delayed. This is super frustrating. The only difference between was that they were out of status and I am not. Im doing a phd and working under CPT.
I will try to call again but I read that they rarely pick up.
Thanks for all the help
It is not too soon, as long as you have made inquiries, you can try a mandamus if you want. I know of at least one case where the person pushed it along using a mandamus, and it was probably less than 6 months since the interview. The alternative is to keep making inquiries and hope for the best. Normally, a case from Venezuela would not face such long background checks (though you never know), so there might be another reason, such as the asylum officer left and no one picked up the case yet. Maybe if you go in person and ask, they will take some action. Otherwise, the only real option to force some movement is the mandamus. Take care, Jason
Dear Jason,
The thing is I moved to Texas. 1)Do you think I can send a friend to make an inquiry? Im desperate and dont know what else to do.
2) Do you think the mandamus lawsuit reduces the chances of an approval?
All the best,
Jose
1 – I do not think so; they normally will only talk to you or your lawyer. 2 – Not really. One issue is that if they are unable to grant the case due to a pending security background check, they might deny the case, since the mandamus forces them to make a decision. That may be better than waiting forever in limbo – at least you can go to court and get the case adjudicated there. Take care, Jason
Hi Jason,
Can I submit rebuttal in person at the asylum office? Secondly, if yes, do I need an appointment upfront for a walk-in?
Thank you
If you mean a response to a NOID, you can submit it in-person. Different offices have different policies, but as far as I know, you can still drop off documents at any time. You can check your local office’s website to see. You can also submit a rebuttal by email. You can find the office hours and email address if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi All,
USCIS case status server is back now , so you can check the status.
Thanks
VJ
Hi, Jason,
Do you know how things are going at NYC office? Have your heard anyone to be interviewed who had applied in 2017? I know that they are following LIFO, but don’t know in what order they are scheduling older cased. Thank you
I don’t know actually. I am gong to try to find out more about the various offices, but it won’t be for a couple months (when we have a meeting with the asylum office, and assuming I can make it to the meeting). Maybe others here can give you some insight. Take care, Jason
Hi Jason,
I am trying to check the status of my asylum case on the USCIS case status online. In the past, when I checked the status of my case, it was showing the status. But since last week it shows “Validation Error(s)”. By any chance, do you know if USCIS is working on case status website or It is only my case that I have to to check USCIS. I am very concern about this.
You should not be concerned. This seems to be happening to many people and is presumably a problem with the website. Hopefully, it will be resolved soon. Take care, Jason
Case status seems to work now.
Hi, Jason,
I applied asylum in 2015 which the case is still pending. My parents applied B2 visa last December and they were denied, do you think my case impacted my parents’ visa, I am from China, and how to do fix that? Thank you so much.
It is possible – I wrote about that issue on April 18, 2014. The problem is usually worse for spouses and children than for parents, but your asylum case could have been a factor. I do not know how to fix it – they can apply again and maybe provide more evidence that they plan to return and do not plan to seek asylum. Also, they could apply for another type of visa – some visas, such as H1b and L – are not blocked even if the embassy thinks the person may stay permanently in the US (these visas are for people who want to work in the US). Otherwise, it may be easier for you to get Advance Parole and visit them in a third country – I wrote about that on September 11, 2017. Take care, Jason
Hi Jason,
I follow all your post and thanks you for providing all news regarding an asylum.
I have very confusing situation. I am here in f-1 visa still going to college and I applied asylum in 2016 from Colorado, almost 3 years they haven’t call me for interview, I got different opportunity to apply green card through restaurant, I have two cases going on together but my lawyer is telling me I might have problem while applying green card through restaurant because I violated my f-1 status because of working here. I worked here because I had a work permit through my asylum. Do you think I might have problem while applying green card through restaurant.
Hope to hear from you,
Thanks
Sona
I am not sure, but I do not think you violated your F-1 status if you had a work permit. However, it could be argued that applying for asylum violated your F-1 status. To get an F-1, you basically promise to study and then leave the US. When you applied for asylum, you asked to stay permanent, which is in conflict with the conditions of the F-1. USCIS has not enforced this (as far as I know), and so hopefully, you will be able to move forward with the GC case, but I am not sure about this. It sounds like you have made the application, and so you will just have to see how USCIS responds. Unfortunately, things these days are not so predictable, and so it is not easy to know what they will do. Please do let us know what happens, as that will help others. Thank you, Jason
I actually want to follow up on this issue. In my opinion, grant asylum is just the approval of asylum application ? which is not an immigration intent ? I believe immigration intent is established by the filing of I-140 ? right ? When I looked through the nonimmigrant visa application (DS-160), there is one question related to immigration intent, asking “Has anyone filed an immigration petition on your behalf ? ” Which I believe refers to I-140 ? I know it’s probably not a good idea to argue with immigration officials on this, but it does seem I have a valid point…I-140 and I-589 are for different purposes, I-589 in my opinion concerns only asylum and may not have anything to do with actual immigration…A person can be an asylee but not necessarily file I-485 or I-140…Sometimes, it is hard to defend ourselves in the immigration matters, because if I stand up for myself, I am afraid that the officers will be provoked and reciprocate with harsher treatment, even if my arguing is not without merit…
I think that is a creative argument – that asylum is not the same as immigration. I agree that you are technically correct, but applying for asylum does express an intent to stay beyond the temporary visa that you have received, so I am not confident this will work. I do think if you respectfully present the argument, most officers will listen. Whether you get the decision you want, I do not know, but there is probably no harm in trying. Take care, Jason
Hi Jason,
if my case is denied at the asylum office, how long it takes to get master and individual hearing in the court?
is it possible to expedite case in the court?
Thank you
It depends on the court and the judge. Most cases are taking a few months to get from the asylum office to the court, and then most court cases take 1 to 2 years. This is very general, though, and it could take much longer. You can try to expedite in court, though it is not so easy. I wrote about that on April 20, 2017. Take care, Jason
Can u update on Virginia offfice-
Are they still working on new applications ! Do they consider the backlog application as well or not!
I applied on 2015 noooo update yet
Please update me
They are interviewing under LIFO and basically only interviewing new cases. If they have extra time, which seems rare, they interview oldest cases (currently late 2014/early 2015). If you filed in 2015, or at least early 2015, it is possible you will get an interview soon, and so you should make sure you are ready, just in case. You can also try to expedite if you want – I wrote about that on March 30, 2017. Take care, Jason
Could this LIFO policy change back to FIFO now that it seems it’s not deterring the inflow of asylum applications…Just curious…
I highly doubt it. For one, the government would have to admit that it did not work, but more importantly, there is evidence that some asylum seekers are being deterred from filing frivolous applications. At least that is how the Asylum Division was interpreting the data. I do think something has to change. Otherwise, cases in the backlog will never be interviewed. Take care, Jason
Thanks for the explanation.
Do you mind me following up on one thing ? So what you are saying, sounds to me, is, for new cases after new scheduling policy, it’s FILO. For backlogged case, it’s FIFO ?
Backlog cases are being interviewed oldest to newest (FIFO) in Arlington. Other offices may have different policies; I do not know about that. When they announced LIFO, they said backlogged cases would be interviewed from newest to oldest (LIFO), but how many offices are actually doing that, if any, I do not know. Take care, Jason
Hi Jason,
I filed for asylum on October 4, 2017 in Arlington office. Will I be having an interview anytime soon?
Thanks for taking time to reply.
Regards,
Asylee
I think you will not – they are interviewing under LIFO and basically only interviewing new cases. If they have extra time, which seems rare, they interview oldest cases (currently late 2014/early 2015). So if you want an interview, your only real option is to try to expedite. I wrote about that on March 30, 2017. Take care, Jason
Jason, Is this happing only in Arlington office or others as well?
Thanks
Second to this. Also, I filed in Arlington office. and then I moved to Pacific Northwest. I mailed the AR-11 to both the Arlington office and the DHS address. But I don’t feel like they changed my location…just my gut feelings.
You can email either or both asylum offices to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. take care, Jason
All offices, but some offices are better than others about getting through their LIFO cases and actually interviewing backlogged cases. Take care, Jason
Hi guys! Has anyone here received a decision from Minneapolis office in the last 6 months?
Hi there
In form I-485 asked you about your current job from …… to …. i am presents now with my current job what I have to put in this blank because the blank doesn’t let you to write present it says only number ?
For our clients, I just write “present” by hand after I print the form. Take care, Jason
Does anyone has the same error message from uscis website when checking case status by receipt number? “Validation Error(s)
You must correct the following error(s) before proceeding:
User-Defined Error”
Do you guys know how to fix that? I can’t check my case status now and i’m really worrying about that.
Thanks.
Many people are having this problem – I do not think it is you, and so I would not worry about it. Hopefully, it will be resolved soon. Take care, Jason
Has anyone,whose already did their interviews here received a decision from Chicago Asylum office in the last 10 months (June 2018 to March 2018)?
Yes, I received a response two weeks after my interview from the Chicago office last year September. I did the interview in Kansas and got an approval letter from Chicago two weeks after.
Thanks ASYLEE could u please share us your detailed time line?
Appreciate it much!
Sure, I applied in August 2016, form was received in 2 days. Biometrics done at the end of August 2016. I received my C08 EAD in May 2017, interviewed early September 2018 (interview notice came 2 weeks ahead) and towards the end of September 2018 I received the approval letter. New EAD was received a week later.
My approval decision was taken few days after the interview. I had multiple, clear and strong evidence which I think helped. I hope things work out well for those still waiting for an interview or decision.
Hi Dear Jason,
God bless you for all your compassion and care. You are the light of our lives in this darkest hour. Thank you.
I have a question regarding interview wait time from 2015. May you share in the Los Angeles office which month and year from old cases they are interviewing at this time?
Does anyone have any information about Los angels 2015 applicants whom received an interview notice without expedition? I appreciate your response. Thank you.
i donot get interview notice yet .i filed
March 2015 los
Angeles office
Hi,
I applied in April 2015 , LA office and have not interviewd yet.
Me too,
September-2016
No interview yet
LA office
I do not have info about that, but I do know that the LA office has been moving through cases much more quickly than before. They got some extra help from an office in Virginia that is doing credible fear interviews, and as a result, they were moving more quickly through their backlog. I have not checked the numbers in the last few months, but that was the case in 2018. You can also try to expedite the case – I wrote about that on March 30, 2017. When an office is scheduling a lot of interviews, there are often cancellations, and thus open interview slots. As such, maybe you have a decent chance to expedite. Take care, Jason
Hello Jason,
I did not have any income last year. I wanted to file tax document, but an accountant who file tax told me that since I did not have income, I dont need to file tax return. If I dont file tax, wolud this have negative consequences for my asylum case or other future immigration benefits?
thank you
Nope, unless you earn income you are not r
If you are not required to file taxes and you do not file, it should have no negative effect on your asylum case. Lots of people are in this position, and I have never seen any negative effect. Take care, Jason
Hello dear Jason
Hope this reaches finds you very well. Does create an account with USCIS is a good idea? I want do it but I feel worry about that. Thanks
I think it is a good idea (even though I am kind-of anti-tech). That way, you can stop checking the USCIS webpage (or try to stop) and just wait for an email update from USCIS. You can also do both, as I know people want to do something, and check the webpage is at least something to do for the case. Take care, Jason
Dears,
Any updated time line for interview, pls.
Not from me – it varies by office, but mostly, they are just interviewing LIFO cases. Take care, Jason
Dear respected Jason,
Thanks for your tremendous efforts you put in this helpful blog. Based on the change from FIFO TO LIFO presented on 1/28/2018, there were three main priorities for scheduling Asylum interviews. My case lies on the third priority that was received on 1/2/2018 Arlington office. Did that office start interviewing third priority cases? Or it is still stuck with LIFO, rescheduled interviews and expedited cases by request? Did any of your clients in the third priority type get interviewed?
Thanks Sir
Unfortunately, you are not well-positioned for an interview. Arlington is doing mostly LIFO cases. If they have extra time (and they have very little extra time), they interview oldest cases first, which are cases from late 2014/early 2015. This means they have to get through 2015, 2016, and 2017 before they get to you. So I think you will not receive an interview any time soon unless you can expedite the case – if you want to try that, I wrote about it on March 30, 2017. Take care, Jason
Hi Jason,
Hope this reaches you in good health. I have the same user defined error, and I have checked from different wifi and different devices as well, I get the same error. Do you have more information on that? Or if anyone else has more information on it please let me know. I have the recommended approval and online status till the 27th said decision pending.
Thank you
Hello everyone!!! I have the same issue when I’m trying to enter my receipt number. It’s been pending for 20 months. I don’t know is it a good or bad sign.
Usually when something abnormal happens. It’s more often than not a bad sign.
I have no info about it, but I would not worry about it. The system is new and has some glitches; it has no effect on the case. Most likely, they will resolve the problem soon. Take care, Jason
Hi Jason,
I want to submit a rebuttal. What is the format? How many copies? How to address the asylum office in a professional manner as my case was misinterpreted? Also, the sources they cited are generalized and not exhaustive and does not tell about my specific claims. Please advise me.
Thank you
I am not sure what you are rebutting. Usually, this is only done if you receive a Notice of Intent to Deny (NOID). If you received that, you can submit a reply in 16 days or less. One copy is enough. I wrote about that on February 21, 2018 – maybe that would help. Take care, Jason
I had the same error yesterday and it still exists today. It actually told me that my IP and internet had been blocked due to an unusual amount of usage. I called USCIS and they told me to try checking my status from another device AND and another WiFi; I didn’t get to try that yet. Will do so today af update you with the results. Also, I think creating an online account will prevent this in the future (as advised by the USCIS officer)
I got RFE for my Asylum after my interview. However the address to send the document was not listed in the letter. I sent it to: ARLINGTON ASYLUM OFFICE
U. S. CITIZENSHIP & IMMIGRATION SVC
1525 WILSON BLVD
STE 300
ARLINGTON, VA 22209-2416.
The mail was rejected. do you know if they have different mailing address?
You might want to drop it in-person, if possible. Otherwise, check the mailing address (which is different from the physical address) by following the link at right called Asylum Office Locator. There is some kind of “mail stop” as part of the address, and you need to include that. But if there is a time limit to the RFE, you have to try to meet that, and so maybe an in-person filing is better (the office hours are on that same website). Take care, Jason
Hi jason
Hope you are good !
I have a concern
Its been more then three years since i live in Virginia and having a pending asylum here! I got a job offer from Tennessee i wanna move – but i have Friends who has a permanent address in Virginia can i have his address as my asylum case address- and i go for work in Tennessee – because i dont wanna change my asylum office since Tennessee is field office and i dont want more delays-
Do u think i can do that have my asylum address in Virginia and myself live in Tennessee
If you do that, when you get to the interview, the officer may wonder why you work in TN, but you live in VA. This could cause them to cancel the interview and move the case anyway. Alternatively, if they think you are lying about your address, they may think you are lying about your case. Finally, if you move to TN, and if it is still under the jurisdiction of the VA office (you can check that at the Asylum office Locator – a link is at right), you can request that the interview will be in Arlington. They may not accept the request, but you can try. In short, you are suppose to change your address, and if you don’t there can be problems – I wrote something about this on June 24, 2015 – maybe that would help. Take care, Jason
Hi !
This is exactly from what I’m in a lot of stress, waiting for my decision from immigration court, because i did taxes in PA instead of doing in NY when i had my address, even that i paid federal state taxes in both states. I’m praying that the final result is going to be in my favor. It’s been 5 years now without my family and wife .
Take care
Hi everyone,
Thanks Jason for your encouragement it means a lot,Did anyone receive the error response from zhn… because I did too today!
Dear Jason
My EAD was denied because my asylum got approved a month ago and I’m supposed to file under a different category instead of pending category but I never got an approval letter and my case still says pending before today and today it says error on the website.What do you think?What can i do?.
Thank you so much
A number of people commented about errors, so I think you are in good company. As for the EAD, try contacting the local office with a copy of the denial. You can find their contact info if you follow the link at right called Asylum Office Locator. Hopefully, it means the case is granted, but it was very unfair to deny the EAD before the approval has been sent. In any event, hopefully the local asylum office can help. Take care, Jason
It is brutal! the most aggressive prison time we have seen lately!
🙁 Abdolfattah Soltani, another Iranian lawyer, was in prison for 7 years for defending human rights! He lost his 27-year old daughter while in prison. We were impressed by our As..h… government to see that they showed empathy and granted him a furlough to attend her young daughter’s funeral!!!
Nasrin’s children are also banned to leave the country!
Of course, Iran’s situation is not comparable with the USA’s situation but doesn’t matter where we live. People in power are always scared of people who want to bring justice!
It is a terrible case. Maybe the international attention will bring her some relief. I fear that my country is becoming more like Iran, rather than the other way around. Take care, Jason
Jason,
A while ago I told my girlfriend the only difference between Iran and US is in Iran women must have hijab! Even right now I am leaving this comment by stress
I am not sure I agree with that, but these days, I might rather be a citizen living in Iran than a non-citizen living in the US. Take care, Jason
Jason,
How much does your office charge for filing a mandamus? I am trying to understand the ranges. My lawyer said that he will charge me $7,500 for filing the mandamus. Then, if the case goes to the court, he will add another charge ranges between $7,500 and $12,000 depending on the specifics. These estimations are for SF asylum office & court area.
Different cities have different price structures. Our office does not do mandamus, but I know if lawyers who charge $3500 for a mandamus, and I think that is about average for DC, at least for lawyers who I have heard about. Take care, Jason
Can I ask what is the reason that your office does not do mandamus? I have met several lawyers. Some of them discouraged me from proceeding with a mandamus without even going deep into the details of my case. Some others said: “we don’t like mandamus and we don’t do it; therefore if you decided to proceed with this route we can refer you to lawyers who do this”.
Is there an impact for example that lawyers are afraied from ruining the good relationships with the asylum office if they sued them with a mandamus?
I would like to do them, but I am too busy with other work. If things slow down, I will make that part of my practice, but these days, I don’t have time. I do not think it will ruin my relationship with the government – I think they do not take such cases personally. Take care, Jason
Hello, Jason and all this forum readers.
I was checking my case status on the website, and today suddenly it said User-Defined Error, and didn’t show any information( usually it says next step is an interview). I checked another case with ZNY code, and it shows status for that case. Does anyone have the same issue? Jason, what do you think this is? I thought maybe they are scheduling interview for me and renewing that on the website. Thank you to anyone who replies.
same happen with me today ZAR ,, DON’T KNNOW WHY
Hi,
Thank you for reply. If you don’t mind sharing when did you do apply for asylum? I applied in 2017, so I don’t expect interview, but anything can happen with this new system.
I am having the same problem and I applied in 2018. I already had an interview, my other receipt # for EAD, comes up with information. I think it is a system wide problem.
Thank you for reply. May I ask if you received decision on your case? Maybe that’s what is renewing on the website for you. I was hoping that I’ll get interview, but if it’s happening to a lot of people it’s probably just a glitch.
Hi Asylee_
No, no decision received as yet. Perhaps that’s what is updating in the system. Similar to you and next step (appointment). I will post something here if it updates tomorrow.
Asylee Newark, any update the current asylum interview timeline in Newark office? Have you heard of anyone that has applied between January -August 2017 being interviewed? Thank you
Same happened with me too.
I got a different result with ZLA… The screen is just showing empty. It used to show that “your case is pending” for trillion million days. LOL, I just forgot the massive number as I filed my case 6 years ago. Obviously, there is something wrong with the system. Good luck with your case. Wish me the same.
Thank you for sharing. Good luck with your case and may God help us all
I have not seen that before, so I do not know. Let us know if it returns to normal or you get an interview. My guess is that it has no meaning and is just a quirk of the system, but we shall see. Take care, Jason
Hello Jason, I applied for work permit A month ago for the first time, Yesterday morning, the status of the case was updated “New card is been issued”,
When do I expect to receive the card?
Do I have to go to Social Security office to apply for Social Security number?
Knowing that in the i-765 form, I checked “YES” in question 14 which was “Do you want the SSA to issue you a Social Security card? (You must also answer “Yes” to Item Number 15., Consent for Disclosure, to receive a card.)”
Thank you for your time!
It should not be too long, maybe a couple weeks maximum. As for the SS card, if you request that when you filed the I-765, you should get it in the mail. I think it arrives within a few days or weeks of the work permit. Take care, Jason
Jason,
I believed you wrote an article about next steps after obtaining asylum. Usually, it implies applying for a travel document, changing a SS card, etc. Can you point to this piece?
It was posted on May 16, 2018. Take care, Jason
HELLO JASON
I LIVE IN MARYLAND AND I HAVE A PENDING ASYLUM CASE WITH ARLINGTON ASYLUM OFFICE IN VIRGINIA. I PLAN TO MOVE TO MASSACHUSETTS NEXT WEEK.
SINCE I AM MOVING TO ANOTHER STATE I GUESS IT WILL NECESSITATE TRANSFERING MY CASE TO A NEW ASYLUM OFFICE WHICH IN THIS CASE IS BOSTON ASYLUM OFFICE. BUT I NEED CLARITY ON THE FOLLOWING.
1. WHEN I SUBMIT FORM AR-11 ONLINE, IS IT RECEIVED BY BOTH USCIS AND ARLINGTON OFFICE?
2. WILL MY CASE BE TRANSFERED AUTOMATICALLY TO BOSTON OFFICE AFTER SUBMISSION OF FORM AR-11 OR THERE IS A DIFFERENT FORM I HAVE TO SUBMIT FOR TRANSFERING MY CASE?
3. DO I HAVE TO WRITE TO ARLINGTON OFFICE AND REQUEST THEM TO TRANSFER MY CASE TO BOSTON?
4. SHOULD I WRITE LETTERS AND MAIL THEM TO BOTH BOSTON OFFICE AND ARLINGTON OFFICE ABOUT MY CHANGE OF ADDRESS?
5.AFTER SUBUMITTING FORM AR-11, DO I RECEIVE CONFIRMATION VIA MAIL FROM USCIS AND BOTH ASYLUM OFFICES?
THANKS
1 – I do not know, but it should cause the case to transfer. You can email the asylum offices directly to double check, as the transfer does not always work. 2 – It should be, but see # 1. 3 – You should not have to, but see # 1. 4 – I would do that by email and it should only be necessary to contact Arlington. Later, you can contact Boston to see whether the case was moved. 5 – There is no confirmation except the online confirmation at the time you submit the AR-11. You should print that and keep it, in case you need proof that you moved the case. Take care, Jason
Dear Respected Jason:
Thanks a lot for being with asylum community as always. I have three questions if you could possibly answer to them.
1: Can someone apply for citizenship online instead of mailing system ?
2: if there is a mistake in the form from the applicant side, what will be consequences? Will they delay the application or deny it promptly?
3: In case, the application is denied because of a mistake, does the application need to repay the application fee (700$ ) or no?
Thanks a lot
1 – I think you have to mail it, but check the N-400 instructions. 2 – There could be delay, and USCIS could request additional evidence to clarify. 3 – If the case is denied, you lose the fee. Take care, Jason
Hello, Jason.
Thank you very much for all your help to the asylum community. Your work is very much appreciated.
If you have a minute, would you please read my question, I am sort of confused with what’s happening:
I had 2 Master Hearings (Removal proceedings after asylum referral). Then my wife applied for I-730 for the decision of which I have been waiting for 10 months. Because of that IJ moved the date of my next hearing (was supposed to be in Feb, moved to August).
Then out of nowhere today I got notice that I have a hearing on April 3rd now.
My attorney told me that it’s because of the Motion to Withdrawal he filed (I wanted to hire another attorney).
Should I worry? Does IJ find it suspicious or something else when an attorney withdraws in the middle of a case?
What should I expect in a week?
Thank you in advance if you have time to reply.
Have a nice day.
Probably it is not because of the motion to withdraw. More likely, it is because your case was assigned to a new judge (you can find out by calling 800-898-7180 and entering your Alien number – it is a computer and it will tell you the next court date and name of the judge). But if you plan to get an attorney, you should try to do that before the hearing. Hopefully, it is a Master Calendar Hearing. If so, it may just be to determine the status of the case (it sounds like an I-730 is pending for you, and once that is approved, your court case will be dismissed). I doubt there is much to worry about. It sounds like once the I-730 goes through, you will have status in the US and your court case will be over, but I do not know your case, so check with a lawyer about the specifics. Take care, Jason
Jason,
I am planning to seek the Ombudsman office help. Can you help me in briefing the process, please? Do you I have to visit, call, or mail them? Did you write about this process?
There is a link at right to the USCIS Ombudsman. It is an online form and it is free. They are sometimes helpful, but these days, they are more interested in finding fraud than helping with individual cases. Nevertheless, there is no harm in trying. Take care, Jason
Hi Jason, good work ! can do nothing without you !
I have been an avid follower of the blog. But it seems there are MUCH more bad news than good ones in the storied posted, if any… So I just want to ask, is it really the situation that almost nothing good is happening for us immigrants (only bad ones are). Or Jason you just want to remind us the caveat so that we can better prepare ? I am asking this simply because I get worried a lot seeing all the bad news and I am concerned of my future.
examples include: more difficult to pass asylum interview, more barriers to apply for 589 and travel documents, longer wait time for court hearings, harsher treatment towards applicants and attorneys…etc, etc. It seems I have been hearing these since the beginning and span for decades.
From where I sit, there are three issues: (1) hostility, (2) incompetence, and (3) not enough resources. These have been issues for as long as I have been following immigration, but because hostility has increased in the Trump Administration, things are now worse than before. The increased hostility also has a ripple effect: More people are being pushed into the system and so it is even more overwhelmed. But the bad news varies by case. For example, for people fleeing persecution from Central America, it is becoming more difficult to win asylum, mainly because the government has made it harder to win cases based on the typical harm faced by such applicants (criminal gangs and domestic violence). For others, the changes to the law are less of an issue. And for some, the new systems have been good news – under LIFO and with the arrival of new immigration judges, some applicants are getting their cases decided much more quickly. So it depends, but overall, things have gotten worse. Again, though, it is pretty case specific, and for the types of cases we mostly do (more traditional asylum cases), we have not seen a decline in the approval rate. Take care, Jason
Thanks so much for helping us less fortunate !!!
Dear jason. Thanks so much for your help. Recently, i have asked my lawyer to suit an expedition request to my case. Can you help me clarifying: how long does it take for them to reply back? And do they reply in case of approving or disapproving the request? And do they send th e reply to kawyer’s office or to me via mail or to both me and lawyer??
Thanks do much for your help.
There is no normal for this, and different offices do things differently. For the most part, they give a decision within a month or so, and then schedule the interview within a few months (sometimes less). Sometimes, they inform the lawyer and the applicant; other times, just one or the other. Sometimes, they do not reply at all and you have to try again. Take care, Jason
Jason can you add an unaccompanied child after interview while your case has been referred to immigration judge?
I am not sure, but I do not think so. If the child has her own case, you can try to join the two cases together. Or the child can file individually for asylum (or other relief, if available). If you win the asylum case in court and the child is in the US, you can file a form I-730 and the child will get asylum as well (you must file the I-730 within two years of winning asylum). Take care, Jason
Hi, Jason.
How are you doing.
May I ask, is the increasingly worsening situation triggered by the current administration ? Could a Democratic President make it better and more friendly ?
With regards to the issues discussed above at the border, the current Administration is worse than the previous ones. I do think a different president (Democrat or Republican) would be better than this one, who is constantly appealing to anti-immigrant sentiments and stoking fear of “others”. Take care, Jason
Hi Jason,
I had my AOS interview marriage based about two months ago. I haven’t heard anything so far. I have a pending asylum. 1. When will be a good time to let asylum office know that I have I-485 pending and possibly withdraw the asylum application? 2. Can the IO make a decision on my I-485 with me having the asylum case pending? FYI, my asylum case has some contradictors with my AOS marriage based due to changes in the circumstances.
I appreciate your help!
Thanks a lot.
1 – We try to do that only once you have the GC, but if the decision seems delayed, you may want to contact the asylum office and let them know. In some cases, it seems they need to take some actions (such as transferring a file) in order for the GC process to continue. This is not always the case – I am not sure why. 2 – We have had that happen, and as far as I know, it is still possible. Contradictions between the two cases may raise questions (including in future applications, such as the I-751 or naturalization), so you should be prepared to explain them if asked. Take care, Jason
Hi Jason;
Thanks for your valuable website and your time.
I am a derivative asylee. I was granted asylum 6 months ago. As far as I know, if the condition of our home country significantly changes, the principal asylee might lose the status and will not be able to apply for green card. Is this condition the same for me as the derivative asylee ? If the condition of the country gets better, will I lose my status along with the principal asylee ?
I believe if the principal loses status for this reason, you lose status as well. However, I am not sure. Normally, when a principal stops being an asylee by becoming a US citizen or dying, the derivatives lose status as well. But there is a process for them to get asylum in their own right (called a nunc pro tunc application). I do not know whether this would apply to derivatives if country conditions change. The solution is to apply for the GC as soon as you are eligible (the same goes for the principal), so that is one year after asylum was approved. Once you have the GC, you are safe, even if country conditions improve. Take care, Jason