In case you hadn’t noticed, the asylum system has essentially collapsed. A lucky few still have their cases decided, but they seem to be a minority. It is painfully clear that the backlog continues to grow. It currently stands at about 327,000 affirmative asylum cases and more than 908,000 cases in Immigration Court (how many of these court cases involve asylum, I do not know). The heart of the problem is mathematical: Too many applicants; too few resources. Unfortunately, we are not moving towards a solution at either the legislative or regulatory levels.
In terms of new regulations and policies, the Trump Administration’s only apparent plan is to deter would-be asylum seekers by making the process more painful and by trying to block people from reaching our shores. In my opinion, making the asylum process more painful won’t work. That’s because whatever harm the Administration can impose (family separation, indefinite detention, “wait in Mexico,” hieleras, tear gas, stricter legal standards) pales in comparison to the harm many asylum seekers face if they return home (death). Asylum seekers, being rational actors, are simply choosing the lesser evil, and coming to the United States. Blocking people from coming here might be more effective, but again, I have my doubts. People are fleeing for their lives and determined to reach safety, and so gaining better cooperation from Mexico, building bigger walls, and tightening up visa requirements will only get us so far.
The “problem” from the Trump Administration’s viewpoint is that the law of asylum still offers refuge to those fleeing persecution. Thus, the Administration’s efforts to change the regulations (which modify how the law is applied) can do only so much. To change the law requires Congressional action. During the first two years of Mr. Trump’s presidency–when Republicans controlled both Houses of Congress–there was no effort to reform the asylum law. Now, with the Democrats in control of the House, legislation is only possible if the two parties reach a compromise. And compromise in Washington has lately proved elusive (just a bit).
Elusive, yes, but perhaps not impossible. Recently, Republican Senator Lindsey Graham proposed changes to the asylum system to increase the length of time families can be held in detention and to add 500 new Immigration Judges, among other (mostly punitive) ideas. Despite the hard line, Mr. Graham expressed a willingness to “put other immigration ideas on the table to marry up with this.” Mr. Graham’s bill may be all stick and no carrot, but at least it signals a desire to address asylum reform. On the House side, the Democratic majority (with a few Republicans) passed a bill to protect Dreamers. Perhaps these opening bids could lead us in a productive direction.
The fact is, while asylum policy is a difficult issue, it should be amenable to a legislative fix. If politics were removed from the mix (a very big “if”), we could find policy solutions that would greatly improve the current situation. What would such a “solution” look like? Spoiler alert: I don’t have an answer. But I do have some ideas, at least about where we can get started–a foundation upon which legislation can be built. Here, I want to discuss the fundamental elements of this foundation:
– We must be honest about the problem: The Trump Administration has not been truthful about why asylum seekers are coming to our country, who they are, or what they do once they get here. It’s very difficult to move towards a reasonable policy solution when we are living in dystopian fantasy land. Asylum seekers are not invading our country. They are not coming to collect welfare or commit crimes. The data is pretty clear that they are basically regular people, who are coming here because they fear harm back home. They tend to commit fewer crimes than the average American, and they make an overall modest contribution to our economy. Reforming the asylum system will require a realistic and honest appraisal of asylum seekers, and so we have to stop the politically-motivated effort to demonize them.
– We need to decide who should receive asylum: The asylum law provides for five protected categories: Race, religion, nationality, political opinion, and particular social group (“PSG”). These categories exist because our nation decided to protect people who face these types of harm. Conversely, other types of harm–such as generalized violence in war or criminal violence–were not considered worthy of protection. Why did we make this distinction? Because these types of harm in some way reflect our national values (political freedom, religious freedom, and racial equality, to name a few). But these categories were largely created by white men to protect against harm inflicted on other white men, and national values evolve over time. In the case of the protected asylum categories, this evolution occurred through litigation, not through any sort of consensus legislation (with one exception, which relates to forced abortion and forced sterilization).
For example, litigation has expanded the definition of PSG to encompass a diverse range of applicants (LGBT individuals, victims of FGM, victims of domestic violence, members of a family, and many more) who were not on the radar when the law was created. This indeterminacy has led to shifting interpretations of the law (depending partly on the Administration in power), inconsistent decision-making at the individual level, and confusion and misinformation among asylum seekers about who is protected. This chaos has contributed to the influx of Central American migrants arriving at our Southern border, who are mostly seeking protection based on PSG.
In order to resolve this crisis, we need to make a decision by legislation, not by litigation, about who we want to protect. For example, we can choose to protect victims of domestic violence, or not. That is our right as a sovereign nation. However, in making that decision, we need to be honest about what we are doing–these people are often facing life-threatening harm. We can send them back, if we so choose, but we cannot pretend that they are returning to someplace safe. In other words, we can choose to let anyone in, or keep anyone out, but we have a moral obligation to make that decision based on facts–not based on anti-immigrant propaganda. If we can define more precisely who is eligible for protection, we can create more certainty for migrants, and hopefully deter those who do not qualify. Further, if this is done with the support of most Americans (i.e., through legislation), the decision about who to protect will have more legitimacy and be more sustainable.
– We need to decide how much due process is due: Even for people arriving at the border, we have a Cadillac-immigration system. This includes Border Patrol Agents, detention facilities, Asylum Officers, Immigration Judges, ICE attorneys, administrative support staff, and many others. All this is expensive, especially when you have thousands of asylum applicants presenting at the border each week. Our system is not designed to handle such a high volume of cases, and unless we are prepared to significantly increase resources to review asylum applications, something has to change.
One option is to screen applicants and release those who pass a credible fear interview (“CFI”), and then require them to return for a court hearing (what our President has eloquently called “catch and release”). This has the advantage of ensuring a high level of due process for everyone seeking protection at our borders, but has the disadvantage of essentially opening the border to anyone who can pass a CFI (a relatively low bar). It also seems to be politically unpopular. Another option is to detain some or all asylum seekers until we can give them a full hearing. This has the advantage of providing a higher level of due process (to the extent that a person can exercise her due process rights while detained), but comes with a heavy cost, both economically and in human terms. A third option is to provide a lower level of due process, maybe a rigorous CFI, followed by removal for those who are denied. Such a system would provide some measure of justice, but would result in the return of many people who might qualify for protection if they had time to gather evidence and present their cases. Another option might be to provide no due process at all: Anyone who requests asylum at the border can be placed into a refugee camp or sent to a safe third country, and will remain there until the crisis in the home country is resolved (which the way things are going, is probably forever). This would solve the problem of protecting people from imminent harm, but would result in long-term issues, since it would potentially create a permanent community of displaced people.
Perhaps the point here is that, while there may be no perfect solution, we need to think in realistic terms about the level of due process we want to offer asylum seekers who arrive at our border.
The idea that Congress and the President could actually come up with a rational solution to improve the asylum system seems almost fantastical in this age of divisiveness and gridlock. But something has to be done. The first step is to speak honestly about what is going on, and then to work towards a solution that is made democratically, and which considers our country’s national and economic security, moral ideals, humanitarian commitments, and the rule of law.
Hi Jason,
Thank you for what you do.
Applied for asylum in June 2014
Attended interview in June 2017
Got recommended approval pending background check in August 2017
And nothing since then! My attorney mailed asylum office with inquiry 3 times- no success. I emailed Arlington asylum office and all they said is that the case is pending and that I need to wait. I have zero criminal or other record. What can I do to get the decision? Am I affected by the backlog?
I was advised to write a letter to local governor and potentially file writ of mandamus. What is your opinion on this?
Thank you!
You could try a mandamus – we wrote about that on October 2, 2018. Before that, if you can go to the office in person, you should try that. Make an appointment – a link to Info Pass is at right. Sometimes, going in person might help. I doubt the governor would help. You could try a Congress person, but I think going in person is probably more likely to help, and if that fails, maybe a mandamus. Take care, Jason
Hello ,I am in asylum process.what chance a motion to reconsider or reopen can be successful after asylum office referral .have u ever succeed in such motion after finding error during interview and you decide to file motion to reconsider. To who is the motion directed to. The same officer or her supervisor
Thank you
We have done those once in awhile – and it potentially can work. However, it would only be where there is a very obvious error, and even then, it is often not worthwhile. We did one recently where the Asylum Office agreed to reconsider and took the case back from the court, but for some reason, it seems to have messed up the EAD process (USICS recently denied the EAD renewal because the asylum case was “closed”, which is not correct, but that must be what their computer shows them). My feeling is that it may simply be better to proceed in court rather than try to reconsider, but you can try. Take care, Jason
Hi jason
One quick question-
I know no one know about backlogs cases when will they interviewed ??
What is your educated guess what’s gonna happen with backlog cases?
Is there any program for them
If you have highlights about this issues would glad
I have no guess, and anyway, my ability to predict things like this is poor. If nothing changes, though, backlog cases will never get interviewed. They are trying to hire more officers, and if that happens and they can actually keep the officers they have, they might start to chip away at the backlog. Also, if Trump’s efforts to stop new people from entering the country has more of an impact, that might also allow the Asylum Office to work on the backlog. Take care, Jason
Dear Sir Jason,
Thanks so much for your wonderful articles and for the good things you do for Asylum seekers.May God bless you with twins.I have 2 questions please.
=>My affirmative Asylum application has been with USCIS for 58 days now.Does this mean that I am already in the backlog?
=>My persecution started because I was condemning the president of my country on Twitter.I still do so.Will USCIS know of my social media advocacy before my interview?
Thanks so much for your help
Twins. Oy vey. As for your case, probably it is in the backlog, but sometimes, an interview might show up even after 58 days – I would say if you do not have an interview notice in another month, you can be basically certain that you are in the backlog. In terms of evidence, you should print out the tweets and submit them with your evidence. The Asylum Office is often aware of your social media presence, but you have to prove your case, and so you should print and submit any evidence that you want them to see. Take care, Jason
Dear jason
You are a life saver! Im sure you will be blessed-
I have a pending case since January 2016 with many expedition no result-
My question is you think January 2016 will never get interview in many years !!! Please give me a roughly estimation when when will i get interview?
What are my options are apart from expedition?
Do u have any suggestions if i move to a state where backlog cases are moving faster? And which are those??
I know you dont do mandumus can you give me a good lawyer reference who does these cases???
Please please answer the above concerns i would be glad and thankful
Unfortunately, no one knows when a 2016 case would be interviewed. I did a blog post two weeks ago where I discuss which offices are working on their backlogs, but I do not know when those offices would get to a 2016 case. As for mandamus, I do not think it would work to get an interview – I think it is really only for people who did not yet get an interview. We wrote about that on October 2, 2018 – the lawyer who wrote that piece may be able to talk to you about mandamus. Take care, Jason
Which office did you apply at ?
Mr Jason, Thank you so much for always helping this community of seekers. I have a questions. Can my daughter do the translation of my case ? I paid for some translations but not all of them , I cannot afford them . Is that possible or will there be trouble? she is in my case and she speaks English. Thank you!!
She can do the translations, but since she is a close relative, you can have a friend review the translations and complete the certificate of translation. I wrote about this on August 24, 2017 – maybe that post will help. Take care, Jason
Dear jason
I would appreciate if you can give me a detail answer
I have a pending asylum since ealry 2016
If i marry a green card holder
What are the process?
How long will it take to adjust my status?
In how long i can receive my green card?
Do i have to withdraw my asylum case?
I wrote a blog post about this on August 2, 2018 – hopefully that will help. Take care, Jason
Hi Jason,
I have a pending asylum since July of 2014. Last year I got married to a USC and we applied for AOS and had an interview in Feb of 2019. I am still waiting for a decision to be made by USCIS. My question is; If I withdraw the asylum application and leave the country in case of not getting approved based on marriage. Will I get the 3 years bar or 10 years? What are the consequences?
Thank you
Whether you face the 3/10 bar depends on whether you have unlawful presence. If you arrived with a visa and maintained status until you filed for asylum, you should have no unlawful presence and thus no bar to returning. However, this can be tricky and so it is best to talk to a lawyer about the specifics of the case. Also, if you can just get your GC through the marriage, then your case will be done and you can travel like any other lawful permanent resident. You might want to email the asylum office and tell them that the GC case is delayed and see whether there is anything they need to do to get the GC case moving (like transfer your file to the USCIS office that adjudicates green cards). You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you very much for your response.
I came as F-1 Visa. and I had my valid visa until I applied for asylum. So I didn’t get out of status.
I contacted the asylum office that has my case and they didn’t say anything other than confirming ( Your case is still pending at our office) and strangely enough, they sent me a withdraw form with the response.
Now I am wondering, if it will be smart to withdraw my asylum case since I have the I-485 pending base marriage!! I have been waiting for more than 120 days after the stock interview and I haven’t heard anything back yet.
It is better to not withdraw the asylum case if you can help it, but it may be necessary if USCIS will not process your GC. Talk to a lawyer about that if possible, but I would probably give it some more time, as GC cases are not processed all that quickly these days – you can check the processing time at http://www.uscis.gov. Take care, Jason
A fictional story happened in 2050:
An American seeks asylum in Turkey based on some fears. The following dialog was performed during the interview.
[Asylum interview starts:]
Turkish AO.: Did you ever drink any soda in your life when you were in the US?
Mr. American: Yes! who does not?
Turkish AO.: I am here to set questions not you. Stick with the answer only.
Mr. American: Yes, I drank soda.
Turkish AO: Was it Coca-cola or Pepsi?
Mr. American: Are you serious?
Turkish AO.: Answer the question?
Mr. American: I believe both.
Turkish AO.: I will start a sworn statement.
Mr. AMerican: Please explain to me. Are making me swear on what drink I had in the US!!!
Turkish AO.: Raise your hand and repeat: “I, Mr. American, consent that I drank Pepsi in USA and I swear that my statement is true”
[Asylum interview ends:]
After 17 years of a pending status on his asylum case, Mr. American found (through the Turkish version of Asylumist.com) that according to the Turkish law, if an American drank Pepsi, it means he provided material support to a factory that is being financed by Saudi Arabia which is considered an enemy to Turkey in 2050.
Mr. American started remembering his parents who died a few years ago. He started crying when tried to remember his kids that he failed to bring them into Turkey because he drank Pepsi at some point in time.
Mr. American was successful in his professional work. He earned a Doctorate degree in agriculture from a Turkish University and developed the Turkish crops. He earned 9 patents in agriculture. Despite all of his achievements, Mr. American committed suicide in 2067. His case was administratively closed in 2068 with a comment: “The asylum office failed to render a decision because of an unresolved matter. In compliance with the Turkish national security aspect, Mr. American case remains unresolved.
Brilliant! This basically sums up US asylum law in a nutshell (with emphasis on “nut”). Take care, Jason
I know it is brilliant. I am not a brilliant writer, though. But people pain have been always a good incentive to create brilliant arts. I am in pain and waiting “safely” for the day of my suicide.
Hi Jason , If I marry a foreign wife while she’s in the country , can she stay if I add her to my pending application? also she is from a safe county with no problem . And if that possible , will that have any impact on my case ? Since I already settled here and I can’ move and live in a none English speaking country and they wouldn’t give me a visa anyway
If she is here and you have a pending asylum case with the Asylum Office, you can add her as your dependent, even if she is from a safe country. It normally should not affect your case unless she somehow gives you status in that country. Contact the local asylum office about how to add a dependent – you can find their contact info if you follow the link at right called Asylum Office Locator. I think the I-589 instructions, available at http://www.uscis.gov, may also explain this process (but I am not sure about that). Unfortunately, the process of adding a dependent does not work well, and it can be very challenging and take many months. Take care, Jason
yes I won’t be able to get statues in her home county . Very strict . It’s okay if takes a while but as the process is pending she can stay in the country right ? If she is on tourist visa
She cannot legally stay until she is added to the case (or has some other status), so you should work on that. Some people get lucky and are added easily (which is how it should be for everyone), but most people we see have a difficult and long path to getting added to the case. Take care, Jason
Thank you Jason . Do you know how long it would take approximately ?
It should take a month or two, but since USCIS keeps failing to do its job, we have seen cases take up to a year. Take care, Jason
Thank you Jason . If she get married to me . Can she Travel to her homeland ? Of course there is no danger facing her over there ?
Yes, as long as that is not inconsistent with anything you said in your case. Also, she would need Advance Parole if the asylum case is pending and she is a dependent. I wrote about AP on September 11, 2017. Take care, Jason
Hello mr Jason , Thanks for always helping us !! god bless! I have a question . My first expedite was two months ago based on my medical condition and it was denied but I was put on a short list which basically does not mean anything to me , or they say if someone cancels which I doubt. My question to u is, can I expedite again? can I contact the director for expedite again? is there harm ?
The short list does sometimes help, but you may only have a few days (or hours) notice before the interview. For that reason, if you have any more evidence to file, you should submit it now, so the case is ready. As for expediting, you can try again – get new evidence about why you need to expedite. It may work. If have seen a couple examples where a first request was denied, but a second (or third) was granted. Take care, Jason
Thank your for replying. One last question. When you say file and submit evidence , does it mean add to my own package that I take to the interview , or do I have to mail that anytime before interview and tell them to attach it to my case, I am a little lost here. Thank you.
So that means that being on that list they can call within hours, I should give them my phone number ? Since mail takes days to arrive, I am not sure how they would contact me so soon.
They usually call, and you would normally submit your phone number on the asylum form and the short list application. Take care, Jason
Different office have different rules, which they unfortunately do not publish anywhere. Some offices you have to submit evidence in advance (one week in advance on my local office – Virginia); other offices, you can bring evidence on the day of the interview. Contact your local office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
hi Jason i hope you doing well
does there any problem with the ead clock mine is stoped today !?
If more than 180 days have passed on the clock, there is no effect if it stops. Otherwise, it seems that the clock is not always updated online, so you might check back. If it really is stopped and less than 180 days have passed, you may need to reach out to the Asylum Office or Immigration Court (depending where your asylum case is pending). They may be able to fix the issue. Take care, Jason
Hi Jason,
I have a valid GC based on asylum. However, my RTD is expired. I want to travel to CANADA by AIR. Do I need RTD beside my GC? Anyone else can answer this question. I really appreciate it.
Hi,
If you travel by air you need to have your country’s passport along with GC, by land or by sea just GC required. Please confirm from following Canadian Immigration website.
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=593&top=16
I hope it helps.
Ahmed, the information on the Canadian website (the GC portion of it) is not specific to asylees who adjust status based on asylum status. It’s general information. As such, a U.S. GC holder who adjusted status based on asylum would need to present an RTD and his/her GC to the Canadian immigration officer, if she/he is traveling by air. Canada does accept US RTD.
I do not know – You might check the Canadian Embassy website, which should give entry requirements for people with a GC. Take care, Jason
Hi Jason
Thank you for your help and support
I came here with B2 visa and I want to file for a GC based on a granted asylum a year ago,
I have two questions about my form I485
At the part 3. Provide your employment history for the last five years , whether inside or outside the U.S
1-When I arrived in the US I didn’t have a work permit at the time and I applied for asylum after 4 months of arriving. I had a friend who told me to open a C corporation until I got my work permit. He told me that to work for him I needed the C corporation so I could accept paychecks under the name of my corporation. After 10 months I paid the taxes and dissolved the C corporation because I got my work permit base on my asylum, and began working with my valid work permit. In my form do I have to mention this corporation anywhere? In my previous work experience or elsewhere?
2-At the question #16 on form I485 , Have you EVER worked in the United State without authorization ?
I have to answer Yes or No for this question
Thank you Jason
1 – It sounds like a job, and if so, you should mention it. One issue is whether you mentioned it in the I-589 – you want to be consistent. If you did not mention it, you probably need to explain why not. 2 – It sounds to me like you did, but that may be open to interpretation. You might talk to a lawyer to look into that to be sure. Another option might be to say “yes” and explain about the C Corp, but maybe you want to talk to a lawyer – you do not want to be accused of misrepresenting anything. That would be worse than admitting you worked without authorization – which would probably have no effect, or in the worst case, might require a Refugee Waiver, which should not be such a big deal. Take care, Jason
Hi Jason
Thank you for your help and support
I came here with B2 visa and I want to file for a GC based on a granted asylum a year ago,
I have a few questions about my form I485
1- what is your current immigration status(if it has changed since your arrival)?
I have to write Asylee or some thing else?
2-at the question #25 , Have you EVER been arrested ,cited, charged , or detained for any reason by any law enforcement official?
I was cited for turning in an intersection from the wrong lane and fined $238 which I paid in full and on time.I also took once course of traffic school.
Is it necessary to report it or not?
3-at the question #65, Have you EVER lied about , concealed , or misrepresented any information on an application or petition to obtain a visa , other documentation required for entry into the United State?
When I was doing interview for visa at the American embassy I told I had visited more Europe country . When I was interviewed in Asylum Office , I explained to the officer that I have never been to those countries, I explained to the officer that I had an agency fill out my DS-160 form and they had told that I need to say that I had travelled to these countries, I apologized to the officer for lying.
Is it necessary to report it or not?
3-at the question #61 , Have you received public assistance in the United State from any source , including the U.S Government or any state ?
I applied for Medi-Cal insurance in 2017 after I arrived U.S , I am still currently using Medi-Cal as my medical insurance. I currently make more than the medi-cal limit. I will have to get my own insurance once they cancel it. Should I still list this as assistance on the application. Also should I cancel medi-cal or will they cancel it on their own because of my income.
Is it necessary to report it or not?
Thank you for taking the time for answering these questions .
1 – If you have asylum, you can write Asylee or Asylum Granted. 2 – I do not think that is a crime, but I do not know. In general, you are better reporting things than not reporting them – they will know about it anyway, and if they think you failed to report it, you could be accused of lying. 3 – I think you need to say “yes” and explain why you lied and that you told the Asylum Officer (anyway, I do not see how you can say “no”, since you already admitted to this). You may want to talk to a lawyer about how to approach this, as it potentially requires a waiver (if it does, the Refugee Waiver is a good waiver and you should be fine, but you would need to talk to a lawyer). 4 – I think you need to say “yes” if that is public assistance as defined by the question – if you are not sure, you are better off saying “yes” rather than risk being accused of lying about it. There is no effect when an asylee receives public assistance, so it is not a problem. Take care, Jason
Hi Jason,
I appreciate your response in advance!
My question is – I have an asylum case pending and also have OPT status. My OPT is ending and I think I am going to fall out of status. In that case, if my asylum gets denied, I will be referred to IJ. If I appeal and still get denied for some reason by BIA or higher courts – will I be deported and be banned to enter US for 10 years? How can I avoid that ban after my asylum is denied for sure and I no longer proceed with appeals? Do I do voluntary departure or something like that? Because I plan to come back to US in the future after doing consular processing of GC (for which I haven’t started the process yet) based on my family relationships, but I know I will have to wait for priority date in my home country.
Thank you!
Ok my son 33 years old so I can apply for GC my question how much fee I pay for apply GC and If lawyer do it how much coast thank you for answer
There is a bar for people who are ordered deported (I think 10 years). However, if you are in court and if you apply for asylum there, you can ask for Voluntary Departure in the event that asylum (and any other relief) is denied. With Voluntary Departure, you can just buy your own ticket and leave, and that would most likely avoid any legal bar to returning. You do have to qualify for VD, but that is usually pretty easy (1+ years in the US before you are sent to court, no crimes, ability to leave). If you land in court, talk to your lawyer about that as a back-up plan. Take care, Jason
Hi jason
I have a pending case since January 2016 in Virginia!
I wanted to go canada.
Canada proposed a law three months a go on April 2019 that if someone has already made an asylum claim in UK. USA.Newzealand and Australia. They cant claim asylum in canada as this proposed change to stop asylum shopping!
Although the law is not passed yet its with congress but the lawyer said if its passed it would retroactively applied to those claim from April 2019-
The lawyer seems discouraging me to not cross the border-
My question from you is how the law works if a law is proposed will it be effective from day of approval or proposed date? Usually in USA
PLEASE ANSWER
I do not know about that law. If your lawyer is not a specialist in Canadian asylum law, you might want to consult with a lawyer in Canada who is. It would be important to know before you go whether you can claim asylum there, and what effect – if any – the proposed law would have. Take care, Jason
Hi jason. I know you wrote about these in the past so i have pending asylum and my mch is next yere 2020. I happen to have a good job and my employers after 6 months of working with them want to file a perm for me. I have a us citizen daughter can i file a waver for inadmissibilty when the petition goes through so i can leave and return to the us to get my visa. What are your thoughts on the process is it achievable. Thank you
I wrote something about this on August 28, 2018. If you are in court, you would probably have to leave the US, which means getting an Order of Voluntary Departure from judge and coordinating that with the consular processing (there are exceptions – maybe you can avoid leaving; talk to a lawyer about that). It is all very challenging, assuming it is possible at all, and you definitely want help from a lawyer to navigate the process. Take care, Jason
hi jason
Thank you
I talked with an immigration lawyer in canada—he said that law is retroactively efffective from april 2019 – it doesnt seems practical to me because usually when law is passed – it should have only be effective after approval date not proposed date!
My question is how usually law works here based on your experience is it applicable from a proposed date or approval date?
Because so called new asylum law in canada is proposed in april 2019 it’s almost end of june now and its not passed yey!!!
That is what my conversation with a canadian lawyer was about- he said that if you come in canada it will be affecting you although its not passed !!! Because it will retroactively applied from april 2019 clams?
What do you say
I really do not know about the law in Canada. Here, in general, laws are not retroactive. There are exceptions, though, and so it would depend on the law passed by Congress (in the US). In any event, if you do not trust that lawyer, maybe you can find another one to get a second opinion. Take care, Jason
Hi Jason,
I contacted my congressman and he contacted USCIS. Based on USCIS response, my case is with an adjudicating officer and I may hear about any update within 60 days. Do you think it is a loyal and honest answer? Anyone else has experience with the impact of Congressmen on expedition of the decision?
I think the Congressman probably told you what the asylum office told him, but whether that has much meaning, I do not know. If there is no news in 60 days, you can contact the asylum office and inquire, You can find their contact info if you follow the link at right called Asylum Office Locator. You can also reach out again to the Congressman’s office. Take care, Jason
Hello, I hope you are doing well. I contacted USCIS Ombudsman’s Office in October and the just replied to me and told me that my case is in active review . I would like to know if this answer is given to all or it might carry a ray of hope that they will send me a decision soon . I applied in June 2015 and my interview was January 2018 and I have not heard from them I inquire once and they told me my decision is pending . I am from the seven banned countries . Thank you for all your efforts .
I do not know, as they have a lot of standard responses that seem to have no real meaning. However, “active review” does sound like they may actually be doing something, so hopefully a decision will come soon. Maybe give them a month or two and if there is no response, contact the asylum office and ask about the status (and tell them that you previously contacted the Ombudsman). You can find their contact info if you follow the link at right called Asylum Office Locator. Also, if there is no news in a couple months, maybe you can reach out to the Ombudsman again. Your last option is to file a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Hi Im asylum seeker since 2015 still no interview my son is citizen can i apply GC ? and what happen to my status case? and your advice apply by lawyer or Ican apply online thank you for answer
At what office did you apply ?
Assuming you qualify and that your US-citizen son is over 21 years old, you can apply for the GC based on him. I wrote about this issue on August 2, 2018 (that post is more about marriage to a US citizen, but the same rules apply to an adult USC sponsoring his parent). This application is not done on-line. You should at least talk to a lawyer to make sure you are eligible. There are a number of forms involved for you and your son, and whether you want to do them by yourself or with a lawyer is up to you (and your budget). Take care, Jason
Ok my son 33 years old so I can apply for GC my question how much fee I pay for apply GC and If lawyer do it how much coast thank you for answer
The government fee for form I-485 is currently $1225 for most people – check the instructions for the I-485, available at http://www.uscis.gov, to be sure. If you need a fee waiver, that is form I-912. Your son would need to file form I-130, which is $535. You also need a medical exam, which usually costs between $200 and $500, depending on the doctor. Private lawyers charge all sorts of different fees. Maybe in the $2000 to $5000 range. Take care, Jason
Ok thank you $1225 fee include medical exam and biometric(finger print)
It includes biometrics, but the medical fee you have to pay to the doctor. Some applicants pay less than $1225 – you have to check the form instructions. Take care, Jason
Hello Jason,
I have a pending petition with TSC. Recently, I requested for EXPEDITE. I sent my cover letter+evidence for expedite to the address of TSC. Do you think it will work or should I ask for expedite by calling?
There is no harm in calling as well – you can find the phone number at http://www.uscis.gov. Take care, Jason
Thank you so much I really happy to hear your Advice my last question If apply for GC what about my asylum case? No problem
Sometimes, GC cases are delayed by an asylum case. If that happens, contact the asylum office and inform them about your GC case – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason, I’m an asylum seeker and my affirmative case is pending since May, 2015. I’m inclined towards journalism and want to publish my articles on social media or may be someday in news papers. Is it fine to write whatever I want like abortion issues or criticism of Trump administration? Do you think it can create problems for me in future? Should I write or wait until I get asylum approval (which seems at least a decade away due to backlog). Thank you
Whatever you write, the asylum office is likely to know about it at the time of your interview. Whether criticizing Trump or making statements about abortion (or any subject) will harm or help you, I cannot say. For the most part, asylum officers would not deny or grant a case because of the perceived political affiliation of the asylum applicant, but the officers are human, and what you say may create a positive or negative impression of you in the officer’s mind. I doubt it will impact the decision, but there is no way to know that for sure. Take care, Jason
Hey Jason
My asylum case is in court (removal proceedings) but in my letter it says you are legal till your case has been decided on by a judge and now trump is trying to remove illlegal immigrants who Are in removal proceeding. My court hearing is in May 2020. Does this make me part of illegal immigrants
No one can remove you until you go through the Court procedure, so Trump’s threats are probably irrelevant to people in your situation. In other words, you have to do your court case, but other than that, there should be nothing to worry about. Take care, Jason
Hey! I was told my case is under active review, what does it mean?
I do not know – they say lots of things that seem to have little meaning, but if you have already been interviewed, it may mean that the case is with an officer or supervisor to try to issue a decision. Take care, Jason
Hi Jason. I granted Asylum in usa and applied 11 months ago form i730 for my family in home country but still no progress. I visited uscis website that there is difference of time for aporoval. Nebrasca office approves case in 8 to 10.5 months while Texas office in 11 to 14 months. Why so difference? My jurisductions are with Texas center. How long i have to wait? I am a political leader and my family members life is in danger. How i can bring them early?
Mr. Political Leader!
Mine has been waiting for 18 months at TSC. Let is hope things get better soon.
Different offices have different processing times. You might want to call USCIS (you can find the number at http://www.uscis.gov) and request that they expedite the case because your family is in danger. It does seem like you should be getting a decision soon, even if you do not expedite. After that, when the case goes to the embassy, you might contact the embassy and let them know about the need to expedite. If you Google the embassy in your country, you should find an email for the consular section, which deals with asylee follow-to-join cases. Take care, Jason
Hi jason
I want to ask you a question about my declaration. When i filled my asylum application i just submitted a half page very short declaration. I came to the states and i was still not recovered from the attacked happened on me So then i wrote that attackers followed me to my home and beaten my family members.( which was not rite but whatever comes to my mind i just wrote it) But now i have an attorney and i wrote my declaration 4-5 pages with in brief everything. Now I explained that i was not followed when coming back home and my family members were not beaten. My family members were getting followed wherever there were going and some people came to our house and threatened my family members.
Do you think there has been too much irrelevance in my previous declaration and final declaration? Do you think officer match each and every point what you have written before ? If yes, then how can I explain it to officer ?
Thank yo jason.
Hi Julie
I’m not Jason nor the immigration officer, but going through what you wrote, your story is not consistent
I think you should correct the errors in the first declaration, but I think it is very important that you explain why you made those errors in the first place. If you do not explain, they may use the changes to say that you are not credible. Take care, Jason
I have been waiting for interview since July 2017 , LA Anaheim office , with those encouraging numbers in that chart , do you think I would get an interview by the end of the year ?…
I don’t know, but given that things are moving there, it may be a good time to try to expedite – I wrote about that on March 30, 2017. Take care, Jason
I’ve been waiting from June 2015 in Los Angeles and my expedition request was rejected due to family separation.My friend filed 2 years after me in San Francisco and interviewed 2 months ego.It is not a fair immigration system and we cannot do anything except praying!🙏🏻
LA is finally moving more quickly, and so if you have not tried to expedite there lately, you might want to try again. I wrote a post about expediting on March 30, 2017. Take care, Jason
Hi Barbenj,
Can you please share what month did your friend apply and if he expedited his case? Thanks for your help and good luck!
Mine was 2017 March – Attended interview on last week. Now they are calling 2017 people. be patient. you will get it soon..
Hi Jason,
Do you think American Jewish community is pro-asylum? His son in law is Jew and working to fix the asylum. Do you think that will work?
I think the majority of American Jews are pro-asylum, but Trump’s son-in-law (Jared Kushner a/k/a The Boy Wonder) and an adviser (Steven Miller) are both Jewish, and Miller is vert anti-asylum. Kusher, I do not know his position, but given some of his other positions, I doubt he is a friend of asylum seekers. Take care, Jason
Hi Jason!
Hope you’re doing well. You probably remember me from the beginning when I was updating our case here very often.
Our IH date is set for 09/2020, however the judge resigned in March and we haven’t heard anything ever since. The hotline still says her name as assigned to our case. What do you think? It’s been 3 months no updates, are they going to set a new master date and assign a new judge? Or we just got in the limbo? Our lawyer emailed the court administrator a while back, no answer. Is there any resource we can use? Is there a downside if I try to go to New York Immigration Court in person and try to ask somebody? Or it’s just a waste of time (and negative consequences)?
It’s painful not knowing what is going on and nobody seem to have an answer.
If they don’t have any updates by next year should we just show up for the IH? I know it’s not close and they can do something until then but my anxiety is growing.
My marriage also is at stake as we lost hope and the gap is growing between us (can’t see the future)
I know if we separate and get divorced I won’t have any status so I’m fighting for this to work but time is our enemy.
Do you have experience with similar cases where the judge left their position and what happened?
I hope you are well (sorry you are still stuck in this stupid system). Different courts treat this differently – in many cases, they just find a new judge to take over the cases of the retired judge, but you may not know that for awhile. I think there is no harm in going to the court and asking, but I doubt they will know anything. You can also try to call the clerk – you can find the phone number if you follow the link at right called Immigration Court. If you do get divorced, and if you are the dependent, you would want to file your own asylum application as soon as possible (assuming you have a case). You can file it directly with the court – as the lawyer about that. Also, you might try to expedite the case – I wrote about that on April 20, 2017. Take care, Jason
Hello Jason,
When applying for the GC after the one year, how do you proof that you’ve been in the US for one year?
What documents can I provide for the proof of residence for a child?
Thank You
Hi Jason,
I contacted the congresswoman for my pending interview decision and got the same response from the that I usually receive when I inquired about my case. Unfortunately they cannot expedite interview decisions. I have been waiting for almost 9 months for the decision and my case is pending for 5 years.
If I move to another state will my decision get delayed? Or should I just stay in the same state to be on the safe side?
Moving to another state should not affect the wait time (make sure to change your address using form AR-11, available at http://www.uscis.gov). However, if they need a second interview (which is relatively rare), it would occur at the new asylum office, assuming the move causes the asylum office to change – you can check that if you follow the link at right called Asylum Office Locator. Take care, Jason
Unless the person left the US, we do not submit anything about that. They should have a record of your departures, but if you have been here the whole time, I think you should be fine without submitting proof. If you need it, you can submit work records, rental documents, school records, letters from people who know you, and other such evidence. Take care, Jason
Hello Jason,
To say you are the best is an understatement sir, trust me you are really God sent and a life saver with regards to the advises you give to us on this platform.
GOD bless you sir.
My family was approved for asylum and we will be applying for our GC in a few months time,once we are 1year old,
My questions are;
1.should we wait some weeks or days after 365days before sending in our application or its safe to send it in exactly 1year of approval?
2.if a lawyer is helping us with the process of the application do we need pay for the GC application to USCIS and whats is the penalty if we dont send in the fees for the 3 of us?
because on USCIS website i saw this under the part where it broke down fee.
“if you are………
Filling form i-485 based on having been admitted to the USA as a refugee.
form fee is
$0
biometricservices fee is
$0
i will appreciate you throwing light into these concerns.
thank you sir
1 – Unless you left the US, you can send it any time after the 365th day. 2 – It seems me that you received asylum. You were not admitted as a refugee. So you would have to pay. The cost is somewhat less for a minor child if you all apply together – check the I-485 instructions. Also, you can apply for a fee waiver, form I-912, if you meet the income requirements. Take care, Jason
Please Jason
What is the income requirement to qualify for a fee waiver.
Thanks
I don’t actually know off hand, but I think it is explained in the instructions to the I-912, available at http://www.uscis.gov. Take care, Jason
Hi Jason and all involved,
This week we received asylum approval.
Thank you for your help and support – keep doing it, many need this just like the air.
(I might make sense to open donation account if you don’t have one)
All waiting – Keep going, do not lose faith and act if you can.
Timeline for us, almost 4 years:
2015 August – applied in San Francisco
2018 January – Interview
2019 June – Approval
Quick questions for Jason – how 1 year before I can apply for GC is counted? Should I have exactly 365 days of presence or I can leave the country for a month and then get back and still apply a year after?
USCIS will request some proof of presence as the write on the website, but it is still unclear.
Thank you again!
Congratulations on the win and thank you for sharing. As for your question, you need one year of physical presence before you apply. This means 365.25 days inside the US. If you leave for a month, you should wait an additional month to file for the GC. USCIS has traditionally not cared about short trips outside the US. However, these days, they are super picky, and you risk losing your money if you file too early. Also, if you travel, use a Refugee Travel Document, form I-131, available at http://www.uscis.gov, and do not use your passport. This is safest. Take care, Jason
Mr Jason ,thank you so much for helping this community . I have a question that is very complex to me . It is about travelling abroad once asylum is approved. I read a lot of mixed stuff online saying that you may not be accepted back in after asylum is approved if you use travel document but still not have a GC. So my question is , what is the safe and proper way to travel once asylum is approved. Can you travel overseas with the travel document only , but still okay not having the green card? or is it best to have both travel document and green card in hands to do so ? is there still risk even having green card ? I just want to know what the proper way is . I am not sure when one (ONCE ASYLUM IS APPROVED) is able to travel SAFELY overseas. THANK YOU THANK YOU
As soon as asylum is approved, you can apply for a Refugee Travel Document (form I-131, available at http://www.uscis.gov). Once you have that, you can use it instead of your passport (not all countries accept it) and you can travel and return to the US (of course, do not go to the country where you fear persecution). You do not need a GC to travel and return as long as you have the RTD. Also, as long as the RTD is valid, you can return to the US. If you use your passport to travel after you have asylum, it could potentially cause trouble, and it is not a bad idea to talk to a lawyer before trying that. Take care, Jason
Hi Jason,
Thank you for your support over the years…A question to ask
I have filed for a GC based on a granted asylum a month ago. My husband and kids are included in my application. My husband has got job offer and the employer is willing to file for his H-1B and H4 for families. In the H4 application form I am completing, there are many questions that ask me if I have any pending application with the US government. Two of the questions are “Have you EVER filed any application with the Department of Homeland Security (DHS), US Citizenship & Immigration Services (USCIS), the Department of Labor (DOL), or the Department of State (DOS) that was denied or is still pending?” and “Has Form I-485, Application to Register Permanent Residence or Adjust Status EVER been filed by you?” How should I answer these and other similar questions?
Thank you again.
Maryam
I do not know why you would file for an H visa when you have a superior status – asylum, especially since you have already filed for the GC. If you are using a lawyer for the case, talk to the lawyer about this, but really, you should not be filing for an H visa, and I do not think USCIS will give that to you. But if you have a lawyer and for some reason you want an H visa, talk to the lawyer about your eligibility. Take care, Jason
Hi Jason,
Thank you for your response. We have had the H visas for about two years; we got the H visas before the asylum is approved. The H visa I was talking about is a NEW one which my husband’s NEW employer is willing to petition.
We are filing for H visas because of the uncertainty of asylum-based GC approval for people from Ethiopia, one of the countries that have shown “significant improvements.” I read your blog on this issue; but, we are scared as Trump’s immigration policies are totally unpredictable. What do you advise?
Thank you for your help.
Maryam
I am not sure, but I think you cannot apply for an H visa. I think you should move forward with the GC, and maybe have the H visa as a backup, if that is possible. You will need to talk to a lawyer to research whether this can be done. Take care, Jason
Hello Jason.
I have a question for you. A friend of mine came to this country on a B2 visa 3 years ago with her family ( husband and their 3 children). But the problem is they never went back. All her xhildren are at US public schools. So technically they are out of status for 2.5 years. They have changed their religion from Islam to Christianity and all their xhildren were baptized here in this xountry in the Episcopolian Church. They have their baptism certificates. The family has turkish passports and came frim Turkey. Now the question ahe asked me is this: although the 1 year bar is long overdue, can she still apply for asylum on the conversion case? She accepts it can be denied because of the 1 year ban, but will it take at least 3 years with appeals process to BIA ? And the real question: she wants to have phd degree here. If she gets acceptence and acholarship from a phd program while her case is in immugration court or at BIA, can she start the phd and change her status to student or is something like tha possible technically? I hope my question is clear to you? Would be very happy to receive a reply as she does not leave this country especailly for the education of her children who are very happy here in the US public schools. Thank you very much for your interest. Take care,
First, I doubt she can change to student status. To do that would probably require her to leave the US and get the visa overseas, but if she leaves, she will likely be barred from returning for 10 years, since she has been out of status for 1+ years. If she files for asylum, she will have to contend with the one-year bar. I wrote about that on January 18, 2018 – maybe that will give her some ideas for overcoming the bar (changed circumstances? Based on the conversion?). If she files for asylum, she can remain here through the entire case, including Immigration Court and the BIA. For most people, that takes years, but it could go more quickly, especially with the LIFO system and a possible expedited hearing in court. Whether she would have time to get a PhD, I do not know. Also, without status, she may not be able to matriculate at a school, and so I do not even know whether she can enroll in a PhD program. If she applies for asylum and the case is delayed, she will get a work permit (about 6 or 7 months after filing) and with that, she may be able to enroll in school. Take care, Jason
Thanks for your answer Jason. What exactly do you mean by expedited court hearing? Do they expedite court hearings nowadays without the consent of the person who is in removal proceedings ? I heard from other people that nowadays courts give hearing days for 2022 nowadays. Could you please clarify this? And also do you have any suggestion regarding my friends situation ? Thanks
If you have a LIFO asylum office interview and it is referred to court, the court is supposed to give you an expedited date as well. Whether that actually happens depends on the judge, but it could happen. I am not sure what else you need to know about your friend. Maybe let me know. Take care, Jason
What I mean is that if she does not file for asylum and continues to stay here illegally with her family, what is the actual probability that ICE will catch her and her family and detain them and deport them from the US? Also based on your real life experience, if an asylum applicant gets a LIFO interview and referred to court, nowadays does the judge give expedited hearing date? And what exactly does that mean : 2 or 3 months after referral to court ? Take care
I can’t say the odds of being caught if you overstay a visa – if you don’t drive a car, don’t commit any crimes, and if the government does not have your address, the probability of getting caught is probably very low. As for LIFO, I have not personally seen such cases, but I have heard about them – some court cases that were referred after a LIFO interview are being expedited, and the cases are completed in a few months, but the actual length of time would depend on the judge’s schedule. Take care, Jason
Dear Jason,
I need a clarification on this issue that has been bothering me for sometimes now. My individual hearing is June next year and I’m thinking of moving to Maryland. My question is if I move my case to Maryland I’m I going to get the same court date or I will be issued another date earlier than June. Need to know before I make my decision
If you move to MD and you are currently in a court other than Baltimore, your case may be moved to Baltimore (whether you want to move it or not). If that happens, you will probably get a new Master Calendar Hearing and then, once you go to the Master, a new Individual date. In other words, if you move and your case is transferred to MD, you will likely face a significant delay. If you do move, you are required to change your address with the court (using form EOIR-33). The court may not move your case, and I suppose you can ask the court to keep your case where it is. Whether that will work, I do not know. Take care, Jason
Hi Jason,
Is it true that the asylum office no longer grant FGM asylum again?
I have not heard that, and there is no new case law restricting FGM applications, so I think it is false. We have some FGM cases pending, but we have not had a decision in an FGM case in at least several months. Take care, Jason
Hi Jason,
I guess I’m one of the lucky few who won asylum last year and wish everyone who applied the same. Quick question, I applied for my GC in March this year and received my Travel document already. Can I travel outside the US whilst my GC is still pending? Thanks
If you have asylum and a valid Refugee Travel Document, you can travel and return. Just make sure to return if USCIS needs you for an appointment (which they probably won’t, but you never know – so someone should monitor your mail and you can track your case online). Take care, Jason
I was watching “DESIGNATED SURVIVOR” TV show and I wanted to quote the following conversation:
Mr. Royce, Michigan governor, recently ordered the local authorities to unfairly detain people from the muslim community claiming that he needs to protect Michigan people after a serious explosion happened in the capitol building.
Ms. Rhodes, the president special advisor, made a diplomatic move to convince Mr. Royce to sit in a plane and fly to D.C. to negotiate with the president.
Mr. Kirkman, the president, is trying to enforce Royce to retrieve back and leave innocent Muslims alone.
In the plane that is heading to D.C., the following conversation took place between Ms. Rhodes, the special advisor, and Mr. Royce, Michigan governor:
[QUOTING STARTS]
Governor: Look, I know you think that I’m a bad man, Ms. Rhodes but the Christians and the Jews didn’t blow up the Capitol or run planes into the twin. Muslims did…
Rhodes: No, extremists did. And persecuting innocent people won’t make any of us safer.
Governer: [chuckles] You’re just like your boss, aren’t you? You think that you know better than those of us with decades of experience.
[QUOTING ENDS]
I wanted to add, that I consider a pending status is a type of persecution. If you can admit me, then approve my application and say yes. If you cannot say yes, it implies that you have to say NO. But don’t throw my application into the limbo.
I am very sorry that I applied for asylum under such asylum system. had I knew that I am adding a burden on the top of thousands of the pending applications, I wouldn’t think to apply in the US and definitely thought to go somewhere else. It is an inherited culture within ours, Middle Eastern people, that if you find yourself unwelcome in a host house, you need to leave it immediately within the minimum amount of talk. Show respect to the host, save your dignity, and leave calmly. Unfortunately, I don’t have this choice. If I leave, my family will leave me alone because they are afraid to go somewhere else without a definite form of residency in the country that I will seek. If I file for mandamus, the same my family will not stand behind my decision. I am praying on every single second and asking God to convince the asylum office to shoot the bullet of mercy and deny my case. This way we, me and the family, will not have any other choice but to seek a third safe place on this planet.
I appreciate Ms. Rhodes efforts in as much as I appreciate yours, Jason. You people are not only supporting a humanitarian case but also granting hope and granting life to us. On the other hand, I feel sorry to people like Mr. Royce who are chasing a hypothetical devil inside innocent people. I pray and ask mercy for them because they simply, know nothing…
Eventually, I would like to thank the US as a nation that they hosted me for six years so far. Provided me with safe shelter and food. Granted my family the chance to work, study, and produce good values to the society which we live in. Unfortunately, this has not made the psychological torture of the pending status any better…
God bless America :'(
Very well said (especially the part about chasing hypothetical demons inside innocent people – I may use that). One issue is whether the “host” (the American people) want you here. Some do, and some don’t. However, through the democratic process, we passed laws for asylum that allow you to stay. The problem is that those who do not want you here never changed the laws (and I think they do not have enough support to do that), but they do have the power to reduce resources, make things harder, and increase delays, which they have done. I do agree with you that the wait can be more harmful than the fear of persecution. I do appreciate that you, and many others, are trying to stay. It re-enforces my faith in the American Dream and gives me hope that things will improve for us all. Take care, Jason
I have a pending asylum case since November 2015 in Arlington. I’m due to renew my work permit however, I have moved to a different address, but it’s still in the same city. I changed my address online in February when i moved and it still says “case hasn’t been assigned for processing” does this mean i need to wait before applying for a new work permit? It’ll expire in 6 months. Or should i go ahead and apply and they’ll send it to my old address? I still have friends who lives there? Thanks for all your help
I have the same problem. Would luv to see your updates !
You should apply and put your current address on the I-765 form. The card should go to your current address. If you have a confirmation or mailing receipt for the change of address, form AR-11, you should keep that, in case you ever need it. Take care, Jason
Could the President deport all those 327,000 affirmative asylum cases and more than 908,000 cases ? That will be my worst nightmare…I am afraid that the government will hunt down people like us…
No – It would require a change in the law, changes in due process procedures, and a massive number of new ICE agents. Those people are not the ones under threat from the President’s latest tweet – it is people who already have deportation orders or who are otherwise here illegally (though who knows, as his tweets generally have little actual meaning, except to scare people and encourage his supporters). Take care, Jason
Thanks Jason, huge relieve.
What’s your opinion of passing what’s been called “safe third country”? If I understand it correctly, like the Dublin pact, if a refugee reaches a safe country then he won’t be eligible to apply for asylum. On the surface, this makes sense because a Venezuelan or Syrian refugee in Mexico or Canada is not subject to the same persecution in their home country. I understand that the current asylum law does not care if the person came through a third safe country but if I were a law maker it does feel like a loophole.
It is an option, but it requires an agreement between the US and the “safe” country. Also, there are exceptions, so it may not have the desired effect. I wrote a piece about this on July 24, 2014 that discusses this point. Take care, Jason
Shalom Jason!!
Thank you for all you hard work.
Have a question.
Asylum approval Feb 2017
Submitted documents for GC March 2018 (Nebraska )
July 2018 case was transferred to Texas
Since then I didn’t hear from them
I know about processing etc. but I see a lot of approvals from people that submitted documents much later then me and got their GC. I’m thinking of hiring a lawyer and file a mandamus against USCIS. Do you think it’s a good idea . Please advise. Thank you.
I would not do that yet – first, try calling USCIS (the phone number is found at http://www.uscis.gov). Also, you can try the USCIS Ombudsman office – a link is at right. They are supposed to help with delayed cases, though they may not, since the processing time is so long. Anyway, they are free, and so you can ask. Also, we are seeing GCs take about 14 months, and so you might get an answer soon. In any event, before trying mandamus, you have to try more normal channels, so give those a try, and if that does not work, you might think about a lawsuit. Take care, Jason
thanks for what you for us.
Hi Jason,
Thanks again for great article that you wrote. I am always excited to read them. I have a question though that relates to you prior article about increase in backlog. How those numbers should be interpreted. Increase in backlog means that cases submitted recently (LIFO cases) went into backlog? Is this correct thinking? If so, do you think USCIS will start to look in the LIFO backlog or FIFO backlog cases?
Thanks a lot
The backlog includes new cases, filed under LIFO, that were not interviewed. If a case is filed and not interviewed within a couple months, it is probably in the backlog. I think the FIFO and LIFO backlog cases are all in the same pile. How the different offices will address their backlogs, I do not know. Some may go newest to oldest; others (like Arlington) will do oldest to newest. Take care, Jason
Hi jason thanks for everything. I have a question is it okay to email the asylum director of the office who has mt case or is it weird and creepy? I found there email and I wanted to ask them somehting about my case. thanks so mcuh
I would not want one of my clients to do that, as I think it is important to follow protocols and I think it won’t help. That said, you can try. As long as you are polite and brief, I doubt there is much danger of creating a problem for yourself. I also think the director will not respond, but you never know. Take care, Jason
Thank you Jason for always being very informative and providing updates of this “nightmare” or situation asylum seekers face. I do have a few things to say. Asylum applicants are just grateful for being given a path to safety and a new life. They look up to the U.S in many ways. That is why a lot of them try to make it here. I do believe the government has failed not only the American people but also everyone else. It is obvious in the numbers that an insane amount of people are filing applications . But what is not comprehensive is that ” the greatest country ” on earth has not been able to tackle this backlog , this broken system , the way everyone is suffering because of this process. There is clearly an agenda. You are an amazing person for doing what you do and for informing this community You are basically providing free information at no cost and you are angel for that. I would like to see that coming from most immigration attorneys these days, who on the other are rejoicing in this momentum to cash in. Jason please use your voice and find a way to push the senators , to create awareness , to bring up attention , to make the president do something about this ridiculous time in history. It feels like there is this major chaos , such as the backlog, thousands of people waiting for an interview since years ago , people waiting months for a decision , people waiting for a work permit , people jobless having to pay for a work permit over and over again , children without a voice , families that do not speak the language and have no resources,relatives overseas facing death , so many different and complex, but negative situations people are dealing with. It is just plain inhumane. I do believe not all is lost and there is gotta be a way. I see you propose ideas , you are a aware of the pain and discomfort , you know about the fact that this is not doable. I hope that you can use you voice along with other colleagues to push the government , to do something. You are a decent and very kind human being for doing what you do . Thank you for all that you do for this community and for bringing light in this dark time.
Thank you. There are many attorneys I know who are pushing for positive change (many are currently at a bog conference in Orlando – Ironically, at the same place Trump was announcing his 2020 bid). Part of the solution to the problem (not discussed above) is political – we need to convince enough people that we are on the right side. In some ways, I think the President’s extremism is pushing people away from him. You won’t see that at the pro-Trump rallies, but you saw it in the 2018 election. One last point: I do agree that many of my lawyer colleagues are trying to make a buck, and that money is their main concern, but I do not think that is the majority, at least not among those who I know. Many are very committed to helping, and doing so in different ways (often much less out-in-the-open than what I do). I have written this before, but when immigrants choose to come the US, it helps us American see our country anew and helps us continue to believe in the American Dream. Despite all the hardship, people still want to come here. I think one reason for that is that they recognize the core values of this country. I hope that their faith is not misplaced and that we will see the positive virtues of our country succeed over the current negativity. Take care, Jason
Hello Jason
It is pretty good article. For the very reason i am also suffer from this. It’s been 2 years since i filed my astlum case, there is no news. Still pending. I filed in Houston office and in the light of USCIS resent statistics up to March 2019 it seems they are working very slow. it seems to me that at least i have 1 or more years for interview. According to statistics as i can see, L.A office handles and completes pretty much cases higher than other office. Approval rates are higher also in L.A office.
Do you think that is it a good idea to move my case from Houston to L.A to get ride of probable long waiting time more ?
Thanks
Levy
You can try that. However, LA used to be the slowest office (by far). They moved resources around and now it is faster. If that happens again, it could become slow again. There is no way to predict this. Personally, I think people should live where they want to live, since the asylum wait times are so unpredictable, but you could try this and maybe it would work. Take care, Jason
hi sir
as always you are more awesome
i have question does the backlog include the decision pending applicant or not because i did my interview in chicago august last year so does there any hope i can get my decision
I do not know whether the number of cases in the backlog includes people who have been interviewed already. I have been meaning to ask that question at one of their meetings. The best thing to do now is to contact the asylum office and inquire about your case – you can find their contact info if you follow the link at right called Asylum Office Locator. If that does not help, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason