Immigration Judge Denise Slavin recently retired after 24 years on the bench. The Asylumist caught up with her to ask about her career, her role as a leader in the National Association of Immigration Judges, and the state of affairs at the Executive Office for Immigration Review (“EOIR”).
Asylumist: Tell me about how you got to be an Immigration Judge (“IJ”). What did you like and dislike about the job?
Judge Slavin: Before I became a Judge, I had some very different turns in my career. Early on, I worked for the Maryland Commission for Human Relations, where I prosecuted state civil rights complaints. I admired the hearing examiners, and I felt that I wanted to do that type of work. I knew [Immigration Judge] Larry Burman when I was in college, and he suggested I apply to the INS to become a trial attorney. I worked as a trial attorney from 1987 to 1990.
I then worked for the Department of Justice, Office of Special Investigations. This was maybe my favorite job. We investigated Nazi war criminals, and I worked on many interesting cases, including the case of John Demjanjuk. During my five years at the Office of Special Investigations, Judge Creppy became the Chief Immigration Judge. Since I knew him from my work in employer sanctions at INS, I called to congratulate him, and he suggested that I apply for an Immigration Judge position. I applied and got the job.
I started work as an IJ in 1995. My first assignment was in Miami doing non-detained cases. I loved it there–the city was exotic and multicultural. It almost felt like I wasn’t living in the United States. It was also a good court for me to start my career on the bench. I hadn’t practiced in Miami as a Trial Attorney, so there were no expectations of me. Also, it is a large court with many judges to learn from.
I did non-detained cases for 10 years in Miami, but the work started to become a bit tedious. An opportunity came up and I transferred to the detained docket at Krome Detention Center. I loved working on those cases. The legal issues were cutting edge. I remember one three-month period, where our cases resulted in three published BIA decisions. For detained cases, the law develops quickly, and it was very challenging to keep up to speed.
I would have been happy to remain in Miami, but family issues brought me to Baltimore. The DHS and private-bar attorneys in Baltimore are very professional, and my colleagues were excellent mentors. All this helped make my time there very enjoyable.
Asylumist: What could DHS attorneys and the private bar do better in terms of presenting their cases? Are there any common problems that you observed as an IJ?
Judge Slavin: There are a lot of good DHS attorneys in Baltimore. DHS attorneys get a lot of credit with judges if they narrow the issues and stipulate to portions of the case. For example, it is so tedious when DHS inquires about every step the alien takes from her country to the United States. If there is no issue with the journey to the U.S., it is not worth going into all this, and it uses up precious court time. When DHS attorneys ask such questions, it would sometimes be frustrating for me as a Judge, since I do not know what they have in their file and what they might be getting at. But if there is nothing there, it is very frustrating to sit through. DHS attorneys should only explore such avenues of questioning if they think there is an issue there. When they focus on real issues, and don’t waste time sidetracking, they gain credibility with the IJs.
As for the private bar, I appreciate pre-hearing briefs on particular social groups. Also, explaining whether the applicant is claiming past persecution and the basis for that, whether there is a time bar, and nexus. Of course, this can sometimes be straightforward, but other times, it is a bigger issue and a brief is more important.
I encourage both parties to work together to reach agreement on issues whenever possible. Court time is so valuable, Judges want to spend it on the disputed issues.
Asylumist: What about lawyers who are bad actors, and who violate the rules?
Judge Slavin: IJs are prohibited from reporting attorneys directly to bar associations. Instead, we report the offending lawyer to internal EOIR bar counsel, who then makes a decision about whether or not to go to the state bar. Personally, I have been hesitant to report private attorneys because I think the system is unfair–it allows you to report a private attorney, but not a DHS attorney. Although this is unfair (and it is another reason why Immigration Courts should be Article I courts), there were times when I had to report blatant cases of attorney misconduct.
Asylumist: Looking at your TRAC statistics, your denial rates are much higher for detained cases. Some of this probably relates to criminal convictions and the one-year asylum bar, but can you talk about the difference in grant rates for detained vs. non-detained cases? Do IJs view detained cases differently? Perhaps in terms of the REAL ID Act’s evidentiary requirements (since it is more difficult to get evidence if you are detained)?
Judge Slavin: There were two detention centers in the Miami area—Krome and Broward Transitional Center–and they produced two different types of cases. At Krome, detainees mostly had convictions and had been in the U.S. for years. It is very difficult to win asylum if you have been here for that long. It’s hard to show that anyone would remember you, let alone persecute you, if you return to your country after a decade or more. BTC held newly arriving individuals who were claiming asylum. They generally had more viable claims.
As a Judge, I did account for people being detained. I didn’t want to deprive someone of the right to get a piece of evidence, but I didn’t want to keep the person detained for an extra three months at government expense to get the document. If there is no overriding reason to require corroboration, I would not require it for detained applicants. In many cases, corroboration that you would normally expect, you cannot get in the 30-day time-frame of a detained case. I have continued cases were there was needed corroboration, but I generally tried to avoid that.
Also, in adjudicating detained cases, it is important to consider the spirit of the asylum law, which is generous. But for people with convictions, we have to balance the need to protect an individual from persecution against the competing interest to protect the United States from someone who has committed crimes here. In a non-detained asylum case, the potential asylee should be given the benefit of the doubt, but–for example–in a detained case where the applicant has multiple criminal convictions, the person may not receive such a benefit of the doubt, and a Judge would rather err, if at all, on the side of caution and protect the community.
Asylumist: Again, looking at the TRAC statistics, your grant rates tend to be higher than other IJs in your local court. What do you think accounts for that? How do different IJs evaluate cases so differently?
Judge Slavin: In asylum cases, we don’t have a computer to input information and come up with an answer. The immigration bench does and should reflect the diverse political backgrounds of people in our country. I am more on the liberal side, but I will defend colleagues who are more conservative. We don’t want only middle-of-the road judges; we want the immigration bench to reflect our society.
As far as the TRAC numbers, it’s true that people who are represented by attorneys are generally more successful in court. However, if you have a bad case, most decent lawyers won’t take it. Such cases would be denied even with a lawyer. Since people with weak cases have a harder time finding lawyers, the disparity between represented and unrepresented individuals is not as dramatic as the TRAC statistics suggest.
Asylumist: One idea for reducing disparities between IJs is to hold training sessions where “easy” and “hard” judges evaluate a case and discuss how they reach different conclusions. Do you think this is something that would be helpful? What type of training do IJs need?
Judge Slavin: We have not had this type of training, but it would be interesting. EOIR has not been consistent about training. In-person trainings come and go. They do hold video training sessions, but these are horrible. Judges would get some time off the bench to watch the videos, but due to the pressing backlog, we would usually do other work while we were watching.
Also, looking at talking heads is not a good way to learn new information. In addition, the social opportunities to talk to other Judges with different backgrounds and different judicial philosophies that occur only during in-person trainings are invaluable.
The National Association of Immigration Judges (“NAIJ”) has tried to get EOIR to hold different types of trainings, such as regional conferences–where, for example, all the IJs in the Eleventh Circuit would get together–but unfortunately, EOIR has not gone for that approach.
In my experience, the more interactive trainings are more helpful. I’ve learned the most from talking with other IJs and from in-person trainings. This was one of the advantages of serving on a big court like Miami–the opportunity to interact with many other judges and see how they handled their dockets.
Another idea is to give IJs “sabbatical time” off the bench, to observe the cases of other judges. Seeing and talking to other judges about how they handle different issues is very helpful.
Asylumist: You mentioned the NAIJ, the National Association of Immigration Judges, which is basically a union for Immigration Judges. How did you get involved with the NAIJ? What did you do as a member and leader of that organization?
Judge Slavin: I had two mentors–Judge Bruce Solow and Judge John Gossart–who were both past presidents of NAIJ. They encouraged me to get involved with the organization. I ran for Vice President with Judge Dana Leigh Marks, who ran for President. I call Judge Marks my sister from another mother. I love her to death. Prior to becoming VP, I had done some secretarial-type duties for the NAIJ, like taking the minutes. I originally joined NAIJ to help improve the Immigration Court system.
As they say, bad management makes for good unions. When management is good, the number of NAIJ members falls, and when management is bad, more judges join. The situation these days is not good. In particular, the politicization of the Immigration Courts has been outrageous. This has been going on in several administrations, but has reached a peak in the current Administration.
Another issue is that we have judges doing more and more with less and less. It’s crazy. When I was in Miami and we had a thousand cases per judge, we were hysterical. When I left the court in Baltimore, I had 5,000 cases! Despite this, management at EOIR thinks that judges are not producing. The idea of this is absurd. Management simply does not recognize what we are doing, and this is bad for morale.
The previous Director of EOIR, Juan Osuna, appreciated the court and the judges, even if there were some political issues. When you have someone who does not appreciate what you are doing, and who gives you production quotas, it creates a very difficult environment.
These days, I do worry, especially for the newer judges. If you have to focus on getting cases done quickly, it will cause other problems–some cases that might have been granted will be denied if the applicant does not have time to gather evidence. Also, while many decisions can be made from the bench, for others, the Judge needs time to think things through. For me, I had to sleep on some of my cases–they were close calls. I needed time to decide how best to be true to the facts and the law. I also had to think about how my decision might affect future cases—most IJs want to be consistent, at least with their own prior decisions. To make proper decisions often takes time, and if judges do not have time to make good decisions, there will be appeals and reversals. For these reasons, production quotas will be counter-productive in the long run.
Other problems with the court system include the aimless docket reshuffling, which started with the Obama administration. IJs should determine on their own how cases are set on their dockets. Cases should be set when they are ready to go forward, not based on the priorities of DHS.
The main issue here is that DHS [the prosecutor] is very much controlling EOIR [the court]. The ex-parte communication that occurs on the macro level is unheard of–the priorities of DHS are communicated through backdoor channels to EOIR, and then EOIR changes its priorities. Have you ever heard of a state prosecutor’s office telling a state court which cases to set first? This re-shuffling affects IJs’ dockets–we would receive lists of case numbers that we had to move to the front of the queue. We had no control over which cases had to be moved. Instead, cases were advance based on DHS priorities.
Maybe one silver lining of the politicization under the current Administration is that it has helped people realize the need for an Article I court.
Asylumist: Bad management makes for good unions. What is your opinion of the leadership at EOIR today? What more could they do to support judges?
Judge Slavin: It’s hard to think about EOIR in this political environment. Former Director Juan Osuna was wonderful. He spent a lot of time minimizing damage to the court by the Department of Justice and Congress; for example, by explaining how judicial independence and due process prevented placing artificial constraints on the number or length of continuances granted. These concepts seem to elude the current leadership of EOIR, and the administration has moved to strip us of the tools we need (such as administrative closure) to control our dockets.
The court has many needs that are not being addressed. We need more and better training. We need larger courtrooms–it drives me crazy that we cannot get courtrooms the size we need; with children, families, and lawyers–we need more space.
Also, we need more judges. I retired, and a lot of people coming up behind me are getting ready to retire. It is hard to keep up with the numbers. One idea is to implement phased retirement for IJs, so judges could work two or three days per week. This was approved four years ago, but not implemented. I do not know why.
Judge Marks [former President of the NAIJ] and I talked to EOIR about hiring retired IJs back on a part-time basis. We asked about this 10 years ago, and they are finally getting around to it. That will help, and hopefully, EOIR can step up that program.
Recent changes that affected judges directly, such as limiting administrative closure, are not good for case management.
The NAIJ leadership and I have talked to EOIR Director James McHenry about some of this. He is not getting it. He is very young, and he thinks he has a new approach, but he does not know the history or background of EOIR, and he does not seem to grasp what the agency needs to do. He also does not understand how overworked judges have been for such a long time, and seems to think the problems with the court are based on lack of commitment and work ethic of the judges. Nothing could be farther from the truth.
Asylumist: How would it help if Immigration Courts became Article I courts?
Judge Slavin: Article I courts would still be part of the Executive Branch. Immigration is a plenary power, but when it comes to case-by-case adjudication, that issue disappears. The bottom line is that people are entitled to due process, and that requires judicial independence. I don’t think you can have due process without judicial independence. This is one of the hallmarks of the America legal system. Even arriving aliens are entitled to due process. If we change that, we are starting to give up who we are. If we are trying to save the U.S. from terrorists by eliminating due process for all, what are we saving? It is taking away an important tenant of our democratic system.
There is a plan to transition the Immigration Courts to Article I courts. The Bankruptcy Court did it. The plan allows for grandfathering of sitting IJs for a limited period. The sooner this is done, the easier it will be. And in fact, it must be done.
If we had Article I courts, we would eliminate aimless docket reshuffling and political priorities. Judges would control their own dockets, and this would lead to better morale and better efficiency.
Asylumist: Thank you for talking to me today.
Judge Slavin: Thank you
Hi Jason,
First, thanks for your usual help.
I completed my interview in Cleveland, one of Chicago’s field offices. However, my friend completed his interview in Chicago main office and got his decision before me even though I had my interview before him. Is it possible that the delay is because I completed my interview in the field office? Have you had any experience where people that complete interviews in field offices receive decisions later than people that perform their interviews in the main offices?
Thanks
It is possible, and I think having an interview at a field offices is listed as one reason a decision can be delayed. We have not had many field office interviews, so I am not sure. Frankly, I doubt that would be the reason, as there are many other reasons for delay, and they often have to do with security background checks. In any event, you can inquire with the asylum office if you want (the main office that has jurisdiction over the field office). You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason,
A small suggestion that would make the Asylumist easier for navigation. I was looking for an article that talks about “you did the interview and never received a decision, here are some possible reasons”. I forgot the exact title of the article. It was sometime around early 2015 as far as I believe. However, I tried to navigate the archive by clicking on month by month for each year, but it is really hard to do so since we’re required to click and to scroll down to read the titles of all articles that are listed underneath each month. Eventually, I failed to find what I was looking for.
My suggestion to your website developer is to create one page only that includes a full list for all articles with chronological order. (the title for every article with the hyperlink to it). That would make it way easier to navigate and to utilize the website. The Asylumist is becoming a school for asylum rather than a regular blog. By doing so, I believe you increase the chances to utilize your website more efficiently by users. That’s just my opinion.
I read all your articles. To me, I will know what is the article about if I read the title only. But it becomes hard to remember the unique keywords in the title in the body of the article so we can google it. And becomes harder to look for a specific article by clicking on the archive a month after month.
Thank you very much for everything you do on the Asylumist.
Holy Smokes! IJ Slavin had an asylum grant rate of 92%!!!! Something definitely wrong with that, as the national asylum grant rate is about 40%; even the local Baltimore asylum grant rate is about 53%. She must be a pushover for a good story.
Hi jason
I have a pending asylum since January 2016 in Virginia.
I did expidetit two times it didn’t work out- in main time i asked denver riggle men the Congress man as well to help me and inquire about my cAse.
Today I received a letter from congress office that my case will not likely to get interview within next 180 days! ( this was stated by USCIS ARLINGTON)
Can you explain why they limited 180 days. Do u think i can get interviews after 180 days. Any updates please from arlington office?
If you think i will never get interview in near future . I m going to canada.
And yea i m admitted for MBA program as well . In 13 more month my school will be finished.
If you think i can get interview next year i still wanna wait else i dont wanna waste my time here
Please reply
Thanks
I doubt the 180 days has any meaning. The backlog at Arlington continues to grow (currently, it is about 35,000 cases), and so I do not see how you would get an interview any time soon, unless you are somehow able to expedite. Maybe if something changes, and new people stop applying, or if they shift resources around, Arlington will be able to work on backlog cases. But even if that happens, you are basically in the middle of the backlog, and so it will take a while to reach a January 2016 case. If you have a new reason, you can always try to expedite again (we’ve had a couple cases where the third time worked), but otherwise, there is not much else to do. Good luck, Jason
Dear Sir,
I am supposed to pick up my decision this Friday from NY-AO but received the call from lawyer’s assistance that now I will get my decision by mail, no need to go there.
Is it normal procedure?
Is it indication that it will take much longer to receive? or any other reasons?
Thank you so much
This is very common and happens in more than 50% of my cases where they originally schedule a pick up decision. There is no way to predict how long it takes. Sometimes it is a few days; other times many months. I would say that if you do not have something in 60 days you can contact the asylum office to inquire. Good luck, Jason
Hello,
Does anyone know whether a transit visa is required while transiting in the Netherlands with a refugee travel document?
Hello, if you don’t mind can you share your waiting time with NY AO. Pending case since May 2018… until now nothing.
Thank you so much
First of all big thanks Jason, you are doing such an awesome job for Asylum seekers group. Actually am silent watcher last two years. Right now my turn has come to ask questions?
Last week, received email notification,” your interview has been scheduled ” but no exact date.
we applied EAD renewal one month ago and my current work permit ends mid September.
Me and my wife both are working. how much time we have to wait for interview? in case,if they refer to court, can I get my work permit?
If the online system says an interview is scheduled, you should get a notice in a week or two, I think. If you don’t contact the asylum office to ask, as you don’t want to miss the interview. You can find their contact info if you follow the link at right called Asylum Office Locator. If the case gets referred to court, you can continue to renew the work permit during the court case and any direct appeal. Take care, Jason
Thank you. I’ill wait another week and see. once again really appreciate your help. God bless you..
Hi, WAITING4GREEN
Good luck with the interview. If you don’t mind sharing, which office did you apply to? Did you expedite your case? Thank you.
Where did you apply ??
Jason, here is new asylum statistics. We all are looking forward for new post 🙂
https://www.uscis.gov/outreach/asylum-division-quarterly-stakeholder-meeting-10
I’ve started looking at them. There is not a lot that’s new (and I don’t know what happened to the April numbers – normally, they give us three months). The backlog continues to grow, but slowly. The different asylum offices are dealing very differently with their case loads – some offices are interviewing most or all of their cases, and maybe some backlog cases as well; other offices are only interviewing a portion of their new cases. At the Asylum Division meeting last week, they said that they evaluate all this over the summer and may redistribute resources to help slower offices. We shall see. Take care, Jason
Hello Jason,
I am sorry for the long questions and thank you in advance.
I am Syrian who had his first interview back in May and then after weekly followup I got a second interview and after a weekly followup I got referral to court back in Feb 19.
I went to the master calendar hearing count with judge Paul Macklosky and he gave me Feb 22.2022 as earliest available interview for the individual hearing. I couldn’t find any stats or info about the judge!
the questions I have are the following:
1. Would I be able to apply for green card sponsorship through my company?
2. What can I do to expedite the interview? do you advise a move to SF? i am shocked that a Syrian had to go through all this with all the world know about the situation in my country.
3. My grandfather passed away recently and my grandmother is in bad health situation right now getting treatment in Lebanon, would I be able to visit them while I can still come back here safely and without affecting my case?
Thanks,
1 – Maybe, but it likely would require you to leave the US and get the GC overseas. Realistically, this probably won’t work, but you can talk to a lawyer about it. I also wrote about this issue on August 28, 2018. 2 – It is not an interview; it is a court case. Your lawyer should prepare you for how it works. As for moving, there is no guarantee that that will make it faster or get you a better judge. You might file a motion to expedite – I wrote about that on April 20, 2017. 3 – It is basically impossible to get permission to leave and return with a pending case. You can try – you have to get permission from DHS. I have never done that, and so I do not know whether DHS gives such permission any more. Maybe a better bet would be to try to expedite the case. If you win, you can then travel. Also, remember that just because country conditions are dangerous does not mean that you can easily win asylum. You have to show a specific threat to you, based on your race, religion, nationality, political opinion, or particular social group. Your lawyer should help to show the Judge that your case fits into one of these protected categories. Good luck, Jason
Hi Jason,
Thank you for all your help! I have an asylum case pending for almost 5 years now and I added my husband to my case about 2 months ago and received a receipt.He is currently in TPS and his current EAd card expires on June 24th, but has automatic extension until next year. My question is can he apply for EAD through my Asylum case or does he have to wait for 5 mths in the beginning? Also as this is his first EAd through asylum does he have to pay the application fees?
Thanks again!
He does not have to wait 5 months. If you (the principal) have an EAD, and he is joined to your case, he can apply immediately for his own EAD. Since this is his first EAD based on asylum pending (category c8), there is no fee. Take care, Jason
Hi Jason,
I have individual hearing on 11 June 2019 in New York immigration court. My assigned judge resigned/quit from her job. I am not sure about my case.
Should go prepared for the hearing with my lawyer and any other judge will do the hearing OR my case is cancelled and I have to wait for new appointment of the judge.
Best
You should call the court directly to ask the clerk. You can find their phone number if you follow the link at right called Immigration Court. But if you do not have any news, you should prepare for the case and attend. Take care, Jason
Tarduq!
What happened if you don’t mind me asking!
I’m in the same shoes except the hearing is 2020 September but the judge resigned few months back. No news ever since.
Did you go? What did they say?
Good afternoon Jason,
The judge set my individual hearing date for 2022. Last week my lawyer file motion to expedite my case.
It has been 5yrs since my son and i separated.
How soon will i be notified from the judge about my status?
Thank you so much for your help!
It depends on the judge – some are quick and some are slow. If there is no news after maybe 2 months (or whatever time frame the lawyer thinks appropriate), your lawyer can contact the court to follow up. Take care, Jason
Hi Jason,
When I originally applied for asylum I was married to a non-citizen who was part of my application. We were married for about 4 years but eventually broke up and got divorced 6 months before I received asylum status. We started dating again and I wonder if I can sponsor asylum status to my spouse if we were to get married again?
1. It has been less than 2 years since the grant of asylum.
2. I have applied for a green card but haven’t received one. I should be able to receive it within a few months. Does it hinder my ability to sponsor a spouse once I am a lawful permanent resident?
3. The boyfriend/ex-spouse is in removal procedures and accumulated over 3 years of unlawful presence (before being part of my asylum application) + history of unauthorized employment in the past.
I think this will not work – you have to be married to the person at the time asylum is granted in order to benefit as a dependent. Once you have a GC, you can sponsor the person, but that will probably require him to leave the US to collect his own GC, which may not be possible given the unlawful presence bar. My guess is that either he will need to file asylum on his own, or you can apply for him once you are a US citizen, but you can try once you have a GC. It is just more difficult. Talk to an attorney about this situation, as your options depend on the specifics of the case. Take care, Jason
Hi Jason & asylee community ( pls anyone can share their experiences)
Please I have a question.
1) MY case is with nvc( I 730), i recently called and they gave me a case number but I don’t actually know what to do with it.Can I also use the number to check my status online like we do with USCIS. How long will it take for them to forward my case to embassy. IS there any thing I have to do now.
2) my ead base on asylum granted will expire next year, do I have to apply for another one or just use I 94 for employment while waiting to apply for GC.
THANK you for all your help.
God richly bless you.
1 – When you file the I-730, you should get a receipt, with a receipt number (maybe that is what they gave you?). You can check that online at http://www.uscis.gov. On the same website, you can check the processing times for the I-730. Once USCIS process it, they will forward it to the embassy. If USCIS needs anything more from you, they will contact you. Once the case goes to the embassy, you will be contacted about next steps. 2 – You can apply for a green card one year after being granted asylum, assuming you meet all the requirements. That may be best. You can also renew the EAD if you need to – it is not technically necessary to work legally, but most employers and the DMV will want to see it, and it will make life easier to have it. Take care, Jason
Thank you Jason
Yes when I applied for I730 with TSC they gave me a number which I used to check my status online. Recently my case was approved and forward to NVC. AFTER 2 weeks I called NVC they also gave me a case number😔😔. That’s where I’m confused. What to do with the number and what to expect next. How long will it take for them to send to embassy.
Please help.
They should send you an email or letter requesting more info and documents. Once you submit that, they send it to the embassy. Usually, the process does not take that long – maybe a few months. The wait time at the embassies varies, but it is normally a few months to maybe six months, though it can be longer depending on the case and the embassy. Take care, Jason
Hello everyone
Anyone applied at newark office?which year are they interviewing from the back log?I applied in August 2016
I applied May 2016 at Newark office , but not getting any interview call
Hello,
Let me share my timeline if that helps:
Applied in April 2016
Interviewed in April 2019 (expedited interview)
Received Recommended Approval on May 9th, after two weeks.
I think Newark office is sympathetic towards people who are stuck in backlog so I would suggest you to expedite.
My expedite reason wasn’t strong
I am also curious about where the Newark office is in the backlog. Have you heard of anyone applied between June – September 2017 and called for interview?
Hi Asylum Khan,
Did you submit proof of reason or just application for expedite?
Please it will great help if you expalin about you.
Nahiyan.
Hi Jason,
I am trying to adjust my status to permanent resident after one year of Asylum grant and would like to apply for a fee waiver. I do receive snap benefit. What kind of document can I join to my request for a fee waiver?
Regards,
It depends on the situation, and I can’t give specific advice since I do not know your case. However, if you check the instructions for form I-912, available at http://www.uscis.gov, it should tell you what type of evidence is needed for a fee waiver. Take care, Jason
Jason,
I do not have questions, i just would like to know the asylum community of my recent experience.
I was referred to court in March this year because of the one year deadline issue. The interview went very well and the officer was very nice. When i got the decision two weeks later they are stating they are referring because i filled one year later than the deadline. They did include that they found my case strong and that I’m fearing persecution in home
Country. The master was just two weeks ago and the first available date was November 2022. My lawyer stood up and told them that we are ready, we have all of the evidence regarding the one year deadline issue and our case is ready to be heard on which the judge agreed to and gave us a date for September this year. He did say we will be doing the case de novo which basically means they will be reviewing all the documentation and will be asking questions like i never had an interview with uscis. My lawyer says that judges like to see when people are ready and it really depends on the judge but most of them try to accommodate requests when the applicant is ready. I did cry when they told me the first date, I don’t know if that had any effect on the outcome but i’m grateful that he worked with me and let me have shorter hearing (2:30 pm) instead of waiting for 3+ years. This happened in Chicago Immigration Court so i hope it will help someone. I have been in this place for many years, i have a strong case and a lot of evidence, they just couldn’t forgive me the one year unfortunately. I will update how the individual will go in September!
Thank you for sharing..I wish you the best in September.
Hopefully, you can present a strong claim about the reason for the one year issue (if you are interested, I wrote about that on January 18, 2018). Good luck, Jason
Mr jason , thanks for always giving us relief with your page. I have a question I do not see answer for. I was granted asylum, and I would like to travel abroad when I get my green card , can I travel with my original country passport from which I asked asylum for , or do I need somethingspecial ??? like when I come back in with my green card . I am very confused. I know that I can get a US passport when I am cirtizen but now , I do not know. Thank you.
You can get a Refugee Travel Document, form I-131, available at http://www.uscis.gov. It is safer to use that than a passport, though not all countries accept the RTD. Some people do use a passport, but doing that involves some risk. The risk is greater for people who fear harm from their home government (as opposed to harm from a terrorist group, which is not the government). By the way, when you apply for the GC using form I-485, you can also apply for the RTD in the same envelope at no extra cost. Take care, Jason
So let’s say that when I come back into the U.S at port of entry , can I show them my green card to US officials , or GC and travel document? Thanks for your time
You should be able to get into the US with your GC, assuming you do not stay outside the country for 6 months or more. It is also good to have the travel document, as you can re-enter as long as it is valid and use it in lieu of a passport for countries that accept it. Take care, Jason
Hi. i am Asylee and after one year applying for my GC. Medical Exam is requirement for for.i have read the form.there are a lot of tests in it.My Question is that Medical Examiner does which tests usually and how much be paid usually? and in how many days gives the report?
Follow these steps:
1- google USCIS find a doctor
2- put your zip code and it shows the certified doctor at your location
3- Call to that doctor and make an appointment and let him know that you need medical exam for GC
4- Go to your appointment and he will take care of everything. In one week everything will be over if you don’t have TB.
But if some one has TB then what the next step?
Then, you will need to go through treatment.
In most cases, after treatment you should be fine.
Just some additional delays.
I do not think it blocks you from a GC, but I do think you may need to take additional steps. We have not had such a case, so I am not sure, but the examining doctor should know about this. Take care, Jason
Hi,
I can share my experience, you will need following test:
TB Screening – QuantiFERON-TB Gold (QFT) or Chest X-Ray
Gonorrhea test
Syphilis test
Most of vaccination and test can be done for free if you are registered with local county hospital, civil surgeon will charge extra for these. You must take all the vaccination with you when you visit civil surgeon. It take max 4/5 working days to get lab report. Different doctors charge differently, so shop around first.
You can find an authorized civil surgeon near you in this link
https://my.uscis.gov/findadoctor
Take care and all the best.
There is a list of medical doctors, which you can find on the webpage for form I-693, available at http://www.uscis.gov. Use a doctor from the list, and the doctor will know what tests are needed. Fees vary (a lot), so call a few doctors to get an idea of the price. In my area, fees are usually from $250 to $400, but it can be more if you need vaccinations. After you file the I-485, you should have a receipt within 3 or 4 weeks. Take care, Jason
Hi Jason. I had my aslum case approved in Chicago office on May 13th. In the approval letter they said they will send me an EAD in 14 days of the approval letter. I have already received my new EAD on May 3rd through my C8 Status. Should I expect a new EAD in mail as they described in the letter?
Hi Abdul,
Can I please ask the timeline of your asylum in Chicago office? When did you file for asylum and when did you have your interview? I was interviewed since December 2018 but no decision yet. Your answer will be helpful.
Thanks
I think you should get a new EAD based on category a5, but whether you do or not is not very important. You are eligible to work with the asylum approval and the I-94, and you can also show the c8 EAD if the employer asks for that. Take care, Jason
Hi Jason,
Hope all is well with you and thanks for this great resource.
So, I have been officially granted Asylum and received my USCIS receipt, too. I would like to visit California for an event next week. Is it possible/safe to travel on domestic flights using my unexpired country of origin passport and the USCIS receipt to my destination and return without issue? Will TSA give me any problems?
Thanks again
Yes. You must of EAD or Driving license in hand (Picture ID). Otherwise, you won’t be able to flight domestically. They will not accept any expired document even with your USCIS receipt.
I don’t have my EAD yet, but I still have the passport from the country of origin and my US Visa and both have not expired yet. But my understanding is, if you have been granted asylum, you should not use the passport from your country of origin anymore because it means you are getting protection from that government.
That would apply to overseas travel (get a Refugee Travel Document), but not domestic travel. Take care, Jason
That should be fine (if you have been granted asylum, you should bring with you your grant letter or order, and your I-94, if you have that). Take care, Jason
Thanks Jason!
Hi Jason,
One of my Cousins received a citing for public intoxication. He was also put in jail for about 6 hrs. He got his Green Card through Asylum and he is up for renewal for his Green Card in 2020. Would this hamper his Green Card renewal or citizenship application if he applies for one? Is there any course of action he can take to remove the public intoxication charge from his history? Please let me know.
Thanks
For purposes of immigration, I think the only way to remove the charge is to have the case reopened and dismissed without a conviction. Even then, he would still have to answer certain questions in the affirmative, such as, Have you ever been arrested? I do not see how this charge would affect an application to renew the GC, and I highly doubt it would affect a citizenship application, though it might be worth having a lawyer double check that before he applies for citizenship. Take care, Jason
Hi jason
Thanks for doing wonderful work for asylum community. Please continue in future too.
I want to know that how long it takes for interview if you put name on short notice list ?
I know it depends upon the office but just an general idea. I put my name on short notice list in San Francisco asylum office 3 months ago but no news yet. Do they also send any email notification when they put name on list ?
Thank you jason.
Not all offices have short lists, and at least in my experience, the wait time is unpredictable. In most cases, people seem to wait many months (since a lot of people are on these “short” lists). Also, they often do not give a lot of notice before the interview, and so if you want to submit additional evidence, you should do that as soon as possible, to make sure that the office has your evidence in the event you are called for an interview and only given a day or a few days of notice beforehand. Take care, Jason
Hi Dear Jason
I have question, my wife got her greencard from same case issue we filed separately, all the problems was same but how it is possible they give her greencard a month ago but for myself is still no news? Did you have same situatian before?
Thank you
It is very common to see two family members file at the same time, but then they get decisions months apart. I do not think the delay in your case is anything to worry about, unless there are separate issues in your case. But if everything about the case is fine, it is pretty normal to see one case take longer than another. If the delay is too long, you can always call USCIS to inquire (you can find their number at http://www.uscis.gov). Take care, Jason
Hi Jason and others,
I am wondering if anybody have received any meaningful help from CIS ombudsman office. Any success story with their performance regarding forever pending petitions? I have submitted case assistance request more than 90 days ago but I still haven’t received any effective news yet. Beside Jason, anyone else can comment on this if s/he has any experience with CIS ombudsman office.
My application for Green Card was on hold because of TRIG for more than three years. I sought help from CIS Ombudsman Office. When I submitted my request for help I got a reply after more than three months telling me that they may need more time because of the complixity of my application. And I was asked to provide answers to few questions I was asked by the Ombudsman office. When I submitted the answers it took about five weeks when I got a reply telling me that USCIS will process my application. And it took 6 more weeks after submitting another medical report when I got my green card.
We have tried them a few times lately, but I do not think they have done much. Sometimes, it is difficult to know, as the case may get a decision and we do not know whether the Ombudsman intervened. My feeling is that they are not so helpful, but that they do not do any harm, and so it is worth a try if a case is delayed. Take care, Jason
Anyone else noticed that the days counting has stopped for more than a week now; but the message still says EAD clock is still running. Sometimes the days counting is updated daily and sometimes it takes couple days before it’s updated, but mine has been stuck for almost two weeks now at the same number of days. I know this doesn’t mean much, but I do think it’s kinda weird. What do you think Jason, anyone else?
P.S.
I’m awaiting interview notice.
I think the system is kind-of a mess, and so the fact that the online system is not working perfectly is not surprising. It is a bit strange though – you would think it would either update daily or not at all, and so the fact that it updates periodically is a bit strange, but that seems to be how it works. Take care, Jason
Hi Jason,
I do really appreciate all what you do.
1)My interview was scheduled 2.5 months out. Do you think this is usual.?
2), my lawyer decided to submit just my application years ago and holded on my testimony to submit at the interview. Right after I received my notice for the interview, I edited few wordings and convinced him that we need to submit the testimony and evidence before the interview which he will do 10 days before the interview. Is this is a problem?
3)I’m relocating for work right after the interview to a different state, does this delay the response, if they decided to refer me, will they refer me to a court near my new address (different asylum office).?
Thanks!
1 – Not really; we have seen this before. 2 – It should be fine. Different offices have different rules. Some offices require you to submit the evidence at least one week in advance, so if you submit it 10 days early that should be fine. 3 – It should not delay the response, but if you need a second interview, that should take place at the new asylum office. If you get referred, it should be the court with jurisdiction over your new address. Just make sure to change your address – you can do that using form AR-11, available at http://www.uscis.gov. You might also want to tell the officer at the interview that you will be moving soon. Take care, Jason
Hi Jason,
Do you think the recently passed bill declaring FGM a gross human rights violation against women and girls give hope to FGM asylum applicants?
FGM cases tend to be pretty good, so I do not know whether a new bill will make any difference in that regard. Take care, Jason
It seems like based on this comment that there should be a review of asylum claims every 3,5, and 10 years to see if the fear that caused them to be granted asylum still exists in home country. This seems like a common sense approach.
It is very difficult to win asylum if you have been here for that long. It’s hard to show that anyone would remember you, let alone persecute you, if you return to your country after a decade or more. BTC held newly arriving individuals who were claiming asylum. They generally had more viable claims.
STEVE, I believe judge Slavin was making reference to the 1-year bar to asylum and the possible depreciation of the veracity of the applicant’s asylum claim. In other words, the applicant would have a higher bar to overcome because s/he would have been statutorily barred from receiving asylum because s/he submitted the application outside of the 1-year deadline (of course, unless she can otherwise overcome the bar). Compounding the late filing is the prima facie case of submitting a frivolous asylum application- having lived in the US for many years and getting detained- to halt deportation or removal from the US.
In addition, I disagree with the statement that if you have been living in the US for years or decades, you won’t be remembered, let alone persecuted, if you were to return home- especially if we are not tying together country conditions and living abroad for years. There have been countless times when asylum seekers, many of whom have been living in the US for years, have been sent back to countries where their freedom is restricted and where they are eventually killed. There are recent cases, Googe them
Furthermore, every case is unique or different. As such, the judge would have to take into consideration the size of the country and the population (how could no one remember you if you had lived in a country like Antigua, for example, if you were to return to that country?), the applicant’s ability to relocate to a different area of the country, the degree of change in country conditions such that the threat or persecutor no longer exits, the severity of the persecution (it is inhumane to return someone to a place where s/he was severely persecuted- even if there have been substantial changes- because of the psychological harm to the applicant), among other things.
I am not sure what you mean when you say, “there should be a review of asylum claims every 3,5, and 10 years to see if the fear that caused them to be granted asylum still exists in home country.” Asylum officers and judges, if my memory serves me right, do take into consideration conditions in the applicant’s home country before the applicant is granted asylum. You see, asylum cases have to pass the “objective-subjective” fear test: ” An asylum applicant demonstrates subjective fear through credible testimony. To demonstrate that a subjective fear is objectively reasonable, an applicant must ‘demonstrate through credible, direct, and specific evidence that a reasonable person in his position would fear persecution’.” , accoding to Alena Shautsova, an asylum lawyer (Feleke v. INS, 118 F.3d 594, 598 (8th Cir. 1997). Like I said before, asylums claims- or countries- shouldn’t have wholesale reviews every 3 or 5 years, for example, as cases are unique. That is not to say that there aren’t fears that are neither subjective nor objective.
In that section, I think J. Slavin was referring to people who had been away from the country for many years, including people who left as children, and the difficulty in showing that there is anyone back home who would harm them. I agree with you that for some people, even if you have been away for years, the danger does not go away, and I think J. Slavin would agree with that as well. Take care, Jason
If a person wins asylum, it is best to get the green card as soon as possible in case country conditions change. But for people whose cases have been pending for years, sometimes, the case becomes harder to win since country conditions change or because the danger is reduced as people forget about you, so that can be an issue for people with long-pending cases. Take care, Jason
Thank you for your excellent articles.
But why every one, including the new agencies talk of the newly arriving asylum seekers. Why no cares what is happening to those stuck in the backlog for 5 year? Isn’t this ruthless that someone waiting since 5 or 6 years is still on the wait while another person arriving today gets interviews? Is this human rights?!!
Thanks.
They prioritize new cases in the hope of deterring frivolous asylum claims – the logic is that if all asylum cases take years, people with frivolous claims will file in order to just get a work permit and stay here with a pending cases until the government gets around to denying them. As far as I can tell, they believe this policy is reducing asylum filings. What they will do to address people stuck in the backlog is still unclear – they are hiring more officers and so maybe that will help. Take care, Jason
Hi Jason, Thank you for taking out time to answer questions via this forum. It greatly helps those of us who do not have recourse or the resources to turn to institutionalized legal avenues. My question is regarding the fee-waiver for i-485, I would highly value your two-cents in my context: I could equally use my
(1)post-asylum-granted food stamps, or
(2)federal tax returns to qualify for it.
I was about to use the food-stamps to qualify, but it occurred to me that down the naturalization lane that might create problems (I do not have immediate family members who are alive, except for my wheelchair-bound mum, who I wish to sponsor for an immigrant visa once I naturalize as a Citizen). I’m hoping by that time, I’ll have a high-paying job (i just started university on a scholarship), but my question is: CAN MY using of a i-485 fee-waiver (based on financial difficulty/food stamps/low-income) for myself today potentially affect my immigrant petition for mum 5 years from now (or even a non-immigrant visa for her before that)? If so, I would rather borrow the more than $1000 fee for -485, than use the fee-waiver although given my financia situation at the moment it would be a huge drain.
This should have no effect on future applications – asylees are exempt from any rules related to public charge. I wrote about this issue on September 24, 2018 if you need more detail, but you should be able to do the fee waiver with no adverse effects. Take care, Jason
Jason,
After waiting for about 8 and half months for our i485 application at TSC suddenly my wife’s status has changed to “card being produced”. However, mine still says “fingerprint review complete”. I am the primary applicant in this case and our asylum was approved in 2017. Is this kind of situation normal? I would assume that same immigration officer would handle both our cases and would approve them at the same time? Any thoughts?
Thanks
I would not assume that they keep cases together. The system is a complete mess, and it is very common for one family member to get processed and another to wait, even if both applications were sent together. Hopefully, you will get a decision soon. Take care, Jason
Hi.i am Asylee,i granted by ij one year ago. i am jobless too.Today i went to Catholic Charity to fill my i485 and i 912 forms. For fee waveir, Service officer in Charity told that go to Texas Health and social services office and apply for Food stamp.They will issue you AWARD LETTER. Bring it to us then we can apply for fee waver. My Questions are: 1. Can i be Eligible for i912 fee wavier form with with out Food Stamp? 2. if i apply for Food Stamp and get it and when i get job and with draw it.will it not effect my GC or my Family sponsership of any other thing in future? Kindly guide in brief and give best advice.i have no money and want to apply for my GC.
Hi Noman
I recently went to THE ALLIANCE with same question. I will be applying for my GC in 2 months but they said for me to qualify for GC fees waiver I need to apply for food stamp. I was so skeptical about it in the future but they said it won’t affect me in any way. Food stamp is just for low income families .
I think getting food stamps may be one way to get a fee waiver (or at least one piece of evidence), but I do not think that is required. Also, getting food stamps has no effect on an asylee. I wrote about that issue on September 24, 2018. Take care, Jason
1 – I think so, but you have to check the I-912 instructions to see what evidence is needed. 2 – Food stamps and other public benefits have no effect on asylees or people who get a GC based on asylum. I wrote about this issue on September 24, 2018. Take care, Jason
Hi, Jason
Hope you are doing well. If you have time, could you please clarify one aspect about interview scheduling system that I do not understand. I applied for asylum in 2017 to New York office, and since LIFO I’m looking at this quarterly meetings statistics, I see that NY is the 2nd office with the most pending cases (~ 46,000). And still this office schedules less interviews that Newark(which has twice less pending cases), what is going on there? Cann’t they pass some of their cases to Newark? Or hire more officers. I know people who applied in 2017 to Newark are getting interviews, meanwhile New York only schedules new ones. Do you know if they want to do something with that? They can just transfer cases from overloaded offices to others, and everyone gets a chance, am I wrong? Sorry for such a long question, being in backlog really drives me crazy
I asked a very similar question earlier this week at the Stakeholders Meeting. To the extent that they answered, it is clear that they understand this is going on, and that in summer time, that is the time when they re-evaluate case loads and potentially move resources around. So things may change in a few months, or not, but at least they are aware of the problem. Take care, Jason
Hi Jason,
By any chance during or after the Stakeholders meeting, were you able to get information about where they are in the Newark backlog? I think the last one I heard to have been interviewed from backlog is someone that applied in September 2017. I expect that to change given its been a while since that interview was taken place. Could you please advise if you have any information.
Thank you!
I tried to submit a similar question, but unfortunately, I was too late when I tried to submit it, and so I do not know where they are. I am not sure whether they would have answered the question in this exact way, but I was hoping to get some idea. I have seen that the NJ office is one of the faster offices these days, and so maybe they are making some progress on the backlog, but I do not know where they are. Take care, Jason
Asylum Statistics after the meeting on May 20, 2019, are available at USICS website for the months of February and March. If you are interested, have look at the link below.
https://www.uscis.gov/outreach/asylum-division-quarterly-stakeholder-meeting-10
I hope this allows the link here, if not, search this on google “Asylum Division Quarterly Stakeholder Meeting May 20, 2019.
Cheers
Thank you. I was actually at the meeting. There was nothing too exciting to report. They claim that they are able to give 70% of applicants a decision within two weeks of their interview, but that certainly has not been my experience (though admittedly, most of my clients are from countries that require a more detailed security background check). Take care, Jason
Jason,
My Lawyer filled a motion to advance at immigration court for individual hearing and scheduled for July/2019. But, the Lawyer couldn’t find the date suitable for him, and file a motion again for change, the latest for August 2019 otherwise to stick on July/2019. But the judge reschedule it for August/2020 (it looks by mistake). My question, can we still file a motion to reschedule at least to make it on July/2019?
Thanks,
Sam
You can try, but the judges’ schedules are usually very full, and it may be difficult to give you a date during that month. Anyway, you can try. Take care, Jason
Hi Jason,
I am an asylee and after approved the i730, the Embassy send me to forms: I-765 and G-325 for my family. What is the eligibility category for my family in the i-765 form?
And any general comments on this please?
Thank you
If you check the Direct Filing Addresses page of the I-765 instructions, available at http://www.uscis.gov, you should be able to find it. I forget whether it is a5 (asylum granted) or something else, but you will see it there. Take care, Jason
Hi TESFA
how long did NVC take to forward your case to embassy.
Please my case is with nvc, they recently gave me a case number but I don’t actually know what to do with it.
Can I also use the number to check my status online like we do with USCIS.
THANKS
Hello y’all,
I have some good news to share with Asylumist community. Recently, I received RECOMMENDED APPROVAL
My timeline:-
Case filed at Newark Asylum Office
Case filed in April 2016
Interview in April 2019 (expedited)
Received decision after 2 weeks
I am hoping to receive final approval soon.
People that are stuck in Backlog, expedite ASAP. Just find a reason and ask them (Newark office), they might expedite.
Hi Jason,
Can interview decision be expedited on basis of profession that can’t be practiced without a status?
Please advise Jason! I have been waiting for almost 5 years now. And still I have no decision on my case. I did my interview on October 2018. I need to get back to my profession it has been almost 5 years and I need to get back at it.
On what basis did you apply for expedition (you don’t have to be detailed); how long did it take for them to schedule you an interview after you submitted the request to expedite?
Host
I applied on the basis of my profession for not being able to get a professional job in my field Until having a permanent status. Simple 3 sentence email. No evidence attached. Requested expired interview in January last year and by end of March the same year even the Interview was done.
Correction * Requested Expedited interview* and NOT ” Expired”.
Asylee
That’s what exactly I requested asylum office back in 2018 and was granted in 2 months. A 3 sentence simple email and the Job was done.
Hi Dove,
Did you requested expedition for your profession? What did you write. Could you please help me?
Many thanks
@Asylee
Yes I did received the decision after two weeks of my interview then.
Regards
Correction. Mine was not interview DECISION but in fact expedited interview Request.
Have you received your decision too?
You can try any reason you want to expedite. Some reasons work better than others, and while this reason is certainly valid, it is not as strong as some. Anyway, it is worth a try. Put together some evidence about how this affecting you (maybe a letter from someone in your field who can explain) and try. I wrote about expediting interview on March 30, 2017 (the principle for expediting the decision is basically the same). Also, if that fails, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Thank you for sharing, and hopefully you will get a final approval soon. Congratulations, Jason
What was the reason for you expedition
Khan sb, many congratulations, please if you don’t mind sharing whats your profession? thank you
Khan
Hi Jason, please why is it that my MCH keep changing for the past 3 months
I have been referred to the court but I have had change of date 4 times within 3 months
Good question. It is nothing to do with you. The courts are a mess. You can Google “aimless docket reshuffling” and probably find something about that from Judge Schmidt or other commentators. Anyway, usually things settle down and so hopefully, you will get your first MCH soon and the date will hold. Take care, Jason
Hi Jason,
I have a pending I-730 for my wife. She is currently in the US with a valid USA visa. We also have a baby who is born in the USA. Very soon, her VISA will be expired and there is no way for her to extend it. (1) How is her legal status after VISA expiration? (2) Can she stay in the USA without any bar Consequence? In case if I-730 denied, can she independently apply for asylum?
1 – She will be out of status. 2 – She has a pending I-730 case, and so she can stay here while that is pending. As long as it is approved, there is no problem, but if it is denied (which would be very unlikely as long as she is legally your wife, you were married at the time asylum was granted, and you filed within 2 years of getting the grant), and for some reason she leaves (instead of filing her own asylum), then I do not know whether there is any issue with unlawful presence. If you reach that point, you would need to talk to a lawyer. Take care, Jason
Hey everyone, last Thursday I did my hearing at federal plaza, when we start the hearing, the procecuror said she was missing a file and later on when the judge decided to giver her decision , the procecuror said no she has to find the missing file before . I just wanna know if someone here already faced that kind of situation. That’s more stress .
It does happen sometimes that a case is rescheduled because the DHS attorney does not have the file. Sadly, if the immigrant’s attorney forgets the file, the judge denies the case. This is obviously not very fair, and is another argument for why an Article 1 court is a good idea (as discussed in the interview above). Take care, Jason
Thank you so much for your answer. In my case the procecuror did miss a file now what will happen?? Will the procecuror try to dig in, in order to find more information about me and my wife or will just find the missing file and bring it to next the hearing which is scheduled for July 18th?
Thank you for your prompt response
I expect the latter – just find the file, bring it to court, and proceed as if that never even happened. Take care, Jason
Thank you so much . I’ll keep praying and keep hope that will be the case and get approved .
Hi Jason, i filed in Boston back to 2014, had my first interview in 2017, my lawyer called me yesterday stating that an Asylum office called hin to schedule another interview so je asked her to call me directly to schedule the time slot, i havent received any call so far, do you think they are going to send me a mail with the interview date? And from your experiencecand from your own statistics what are the chance to get approved after a second interview? And also one more thing i run the first interview by my own? Do you think it would be fine if i run the second one without a lawyer as well after being well prepared?
This is common for second interviews – they call to find a time, and then the should send a letter with the appointment. My experience is that a second interview is sometimes granted and sometimes denied. It is difficult to say whether it is more or less likely to be denied than a first interview. However, there is one major difference: You have given testimony in the first interview, and if that is found to be inconsistent with the second interview, that could result in a denial, so you have to be careful not to answer a question where you do not know/remember the answer. Also, to the extent possible, try to recall what happened in the first interview. As for bringing a lawyer, it is up to you – you already went to one interview, so you know what to expect and know whether you felt comfortable without a lawyer present. Take care, Jason
Thanks for your Answer, i Remeber during the first interview the officer asked me wbout my Military service record which i didnt have at that moment, could it be the reason behind the second interview ? So how asylum officer usually ask for more documentation after the first interview – for your info im syrian and exempt from the Military service.
When people are called for a second interview, a common reason is military service or maybe an exemption from service. If you have any documentation about that, you should bring it (and a certified English translation). If they need more evidence, they can give you a letter stating what they need. Take care, Jason
Hi Jason,
I appied for asylum four years ago. I did my interview and they sent me final denial because I was in status at the time. I went out of status and got NTA recently. I applied for asylum in court room and waiting for my master hearing. my concern is about one year bar. do you think the judge would consider my first asylum that denied by uscis as an excuse for one year bar issue? I have all documents which show I applied at the first year of my entery to US.
thanks
That is one excuse, and the other is that you were in-status or had a pending asylum case. Both excuse the one-year bar, as long as you filed within a reasonable period of time of the status ending. I suspect you will be alright based on the first filing or the excuse to the one-year bar, but this would be an issue to raise with DHS beforehand, to make sure that they do not have an issue with the bar. Take care, Jason
nice one!!!!