For weeks, the Trump Administration has been threatening to deport “millions” of illegal immigrants. The on-again, off-again plan seems to be on again (sort of), and so let’s discuss who might be targeted, and what to do if ICE comes calling.
Before we get to that, I think it is important to understand something about the rhetoric of President Trump and his aids: Through their words and their actions, they are trying to terrorize non-citizens. Unfortunately, they are largely succeeding, and many people throughout the U.S. are living in a state of dread. Perhaps the President and his supporters can argue that this is about enforcing the law, and about deterring foreigners from coming here. But it seems to me that the law can be enforced without the cruel words and rhetorical games, such as Mr. Trump’s gleeful tweet that unless Congress can work out a solution to the “Asylum and Loophole problems at the Southern Border… Deportations start!” From where I sit, this is pure cruelty, and the harm to regular people–non-citizens and their citizen family members–and to our nation is very real.
In a case of giving advice that I would have a hard time accepting myself, I think it is important to ignore the Administration’s words as much as possible. By this, I don’t mean that non-citizens should tune out, since it is important to know what’s happening in order to protect yourself. But dwelling on the Administration’s threats and bluster is mentally exhausting, and it serves no purpose (other than perhaps to further the President’s goal of terrorizing you). Despite it all, so far, Mr. Trump’s bark has proved far worse than his bite (in terms of deportations, the opposite might be said of President Obama).
And so while the rhetoric is bad, and bad things are happening, they are not happening on the scale that the President likes to claim. The “millions” of deportations is now down to two thousand, and even that may be difficult to accomplish given the government’s limited resources and the advance notice provided by the Commander-in-Chief. In short, the situation is not as bad as it may appear, and it is important to not let the stress and fear become overwhelming.
Turning to the raids themselves, who is a target? We don’t precisely know, since ICE keeps its cards close to the vest, but the New York Times reports that ICE will target individuals and families with final orders of deportation, particularly those who entered the country recently. Also, according to RAICES, an immigration non-profit, raids will occur in 10 different cities.
If you have legal status in the United States, or if you have a pending application in Immigration Court or at the Asylum Office, the raids should not directly affect you. Indeed, from what we know so far, unless you actually have been ordered deported by an Immigration Judge and that order is final (meaning, you did not appeal or your appeal was denied), you are not a target of the raids.
On the other hand, if you do have a final order of removal, you could be a target. It likely does not matter how long you have been in the U.S., whether you have family here, or whether you are otherwise law-abiding. If you live in one of the targeted cities, the risk is probably greater than if you live elsewhere, but we cannot be sure about that–raids could occur anywhere.
Also, ICE officers are perfectly happy to arrest any “illegal” who they encounter, even if that person is not the target of a raid. So if you live with a person who is a target, or you spend time with such a person, or if you just happen to be in the wrong place at the wrong time, you could find yourself affected by a raid. For this reason, it is good for all non-citizens to be prepared.
So how do you prepare? The ACLU has a helpful webpage in many different languages. Also, the National Immigration Law Center recommends the following for people without status (I have slightly edited this list):
- If you encounter ICE agents, remain silent, or tell the ICE agent that you want to remain silent.
- Ask to speak with a lawyer.
- Do not carry false documents.
- Carry a “know your rights” card (PDF)
- Find out the name and phone number of a reliable immigration attorney and keep this information with you at all times.
- Know your “alien registration number” (“A” number) if you have one, and write it down someplace at home where your family members can find it.
- Prepare a form or document that authorizes another adult to care for any minor children.
- Advise family members who do not want to be questioned by ICE to stay away from any place where a raid occurred or where a detained person is being held.
- Do not sign any U.S. government documents without first speaking with a lawyer.
More generally, have a plan. Make sure a trusted family member or friend has access to your immigration information and documents. Maybe scan or photograph your documents and save them online. Make a plan with your immediate family about what to do in the event of a raid – who to call, where to go.
If you have a deportation order, realize that you are a target for ICE. If ICE or any part of the U.S. government has your home, work or school address, they could come there to arrest you. If you are in an area where raids are likely to occur, you also face risk, as ICE can detain anyone without status, even if that person was not the specific target of the raid. One thing you can do affirmatively is to talk to a lawyer–if there is a basis to re-open your case, you are probably better off getting started now rather than waiting until you are detained.
Non-citizens who are in-status also need to be careful and should be aware of their rights. Carry your Green Card, EAD or other documents with you (in some cases a non-citizen is required to carry such documents), or at least carry a copy of them. And keep a copy at your house, online, or with a trusted friend, in case you lose the original.
If you do not have status but have a pending case, carry copies of your receipts or Immigration Court scheduling order, and–if you have it–a photo ID. Such documents should provide protection against arrest.
If you are arrested, there are actions that you (or more likely, your lawyer) can take: File a motion to reopen a closed case, request a stay of removal, file a motion for bond. So even an arrest may not be the end of the story, if you are prepared to take action.
Finally, try to keep things in perspective. In 2016, there were over 950,000 people in the U.S. with removal orders. This is the most recent data I could find, and I suspect that the numbers are even higher today. If ICE hopes to arrest 2,000 people in these raids, that accounts for only about 1 person in 500 of those in the U.S. with a deportation order. And even if they arrest more than that, the likelihood of any one individual being targeted is quite low. These raids are more about frightening people than about effective immigration enforcement. Keep that in mind and make sure you are prepared. These are the best ways to get through this difficult time.
Hello Jason,
My friend referred to the immigration court for Asylum case. Meanwhile his employer will help him to get a green card through employment. what he should do in this case? it that possible or the chances is very low.
Thanks
He should talk to a lawyer, as it may or may not be possible, and it is often complicated. I wrote a post that might help on August 28, 2018. Take care, Jason
Hi Jason,
I have a pending asylum case, my current EAD is expiring in a couple of months. I have arranged my and my wife’s EAD renewal applications, I just want to know if I should send the application forms in one envelope or separate envelopes. Moreover, my children are under 10 years old, should I apply for renewal of their EADs, or don’t apply because they can’t work, do you think there will be any legal issue? Lastly, what is the estimate renewal processing time these days? Many thanks!
You can file in the same envelope as long as you have two separate and complete packets – one per person. Usually, people do not renew EAD for young children, since they will not work. There is no problem with that. As for the wait time, renewals are going slow – it could be 5, 6 or 7 months. Take care, Jason
Hello everyone
Anyone from newark?what month and year are they interviewing?if the main applicant leaves and the derivative wants to stay what will happend?
Newark is making progress on the backlog, but I do not know about the dates. If the main applicant leaves, the case will be withdrawn. The derivative can file his own case – if that is the situation, it is best to file as soon as possible because the derivative might face a one-year bar issue. Being a derivative can be an exception to the one-year bar, but as soon as the principal leaves, the derivative loses status. For that reason, it is probably best to file before the principal leaves. The process of filing is different (you have to file at the local office). Check the I-589 instructions or talk to a lawyer for help. Take care, Jason
Dear Jason
I have a question.
My decision is still pending
If i invite my children with B2 visa then i will add them to my case.Is it gonna be a problem ? .Whats the law says regarding bringing the children before asylum grant.Is it Ok to bring them.
May you please explain its confusing.
Thank you Jason
It will be difficult to get a visa, but if they can get here, they can join the case (though that can often be difficult thanks to the USCIS bureaucracy). If they come here with the intent to seek asylum, they (and maybe you) could be accused of fraud, since the purpose of a B visa is to come for a temporary visit and not to try to stay permanently. Maybe talk to a lawyer about this issue, as it is best to try to avoid any accusation of fraud. Take care, Jason
Hi Jason,
My congressman contacted the asylum office and they replied that my application is pending due to security background checks. I am not from a Muslim or any of the banned countries. Is this a good sign that the outcome might be positive since I heard they usually don’t do background checks if you were to be referred to court?. how long do you think the background can take for someone from a non-muslim country?
thanks
I do not think it is a good or bad sign – I guess it is better than a denial, but I do not think a background check necessarily means the case will be granted. As for the time frame, it is simply not predictable. These days, most cases are not delayed more than 6 months after the interview (at least I have not seen that for most people), but I think there is no way to predict. You can always reach out to the asylum office directly to inquire about the case – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi
How ? One family get tow type of dissension for kids pending for the adult hold removal ? What I have to do ?
Hello Jason
The expedite request for I730 has been filed. The reply from the USCIS is “We have received the requested evidence. Your case is under expedited review. You should receive a decision or notice of further action within 45 days”. Have you received such reply from USCIS? Does it mean we will receive the decision within 45 days or maybe sooner or their reply is a general response for everyone who applies for expedition?
Thank you for your help?
Hi Seeker,
I submitted the evidence for expedite request for I-730 as well. However, I haven’t received such response yet. Would you please kindly let me know how did it take to such a response after submitting the evidence. I really appreciate your response.
Hi Asylee
It took 19 days.
Good luck
Hi
Does it really help when you get your i-730 expedited if they approve it ? Does it get significantly faster ?
Thanks
H
I do not know, but this sounds like a specific response. If you do not receive a decision or a notice within 45 days, I would reach out to USCIS again. Take care, Jason
Hello!
Jason, please help.
My wife and I are both principals of our own cases and we both from the same country. One of us being called for the interview and I want to know if AO can ask me about specifics of my wife’s case and also ask her about mine. Is there any confidentiality, or if we married our cases are considerate as one?
Also, can we be principals and derivatives at the same time?
Thank you in advance!
There is confidentiality, but they can still ask about the spouse’s case (though it may be tricky, as they cannot tell your spouse about your case, or vice versa, and so they may request a waiver of confidentiality – normally, though, they do not do this). I do not know if you can be dependents on each other’s cases, but if you win, you can file an I-730 for your spouse. You can try to add the spouse as a dependent at the asylum interview, but given that the spouse has a pending case, I am not sure how that would work. You may be better off not adding the spouse and just filing the I-730 if you win. Maybe talk to a lawyer to investigate that if you want to try it. Take care, Jason
Hi jason
I worked for a short period before I physically received the first EAD base on pending asylum. So technically, although I did get my EAD and was authorized to work, the answer I believe to the question of wether I have worked withouth authorization is Yes, would this have any repercussions ? Do I need to file waiver of inadmissibility for green card if my asylum was approved ? Second question is how long is the I- 730 taking these days ?
Thanks A lot
H.
Typically, working without authorization does not block a person from asylum or getting a GC from asylum. However, these days, everything is getting tougher. You should mention the work without authorization on the GC application, and if USCIS wants you to do a waiver, you can do that – the Refugee Waiver (under INA 209(c)) is easy to win, especially for something small like this, and it will clean up any issue related to the unauthorized work, so that may make life easier when you go to apply for citizenship. As for the I-730, check the processing times at http://www.uscis.gov, but they seem to be taking maybe 9 or 10 months, and then another few months for consular processing. Take care, Jason
Hi Jason
Thanks for your assistance here.
Please clarify me on this.
1. I was referred to Immigration Court after attending asylum interview
2. Six months later, I married my USC girlfriend based on genuine love that I believed we had for eachother.
3. She filed i130 and afterwards she became so demanding and troublesome and ended up bringing a man to live in the house with us as she is a serial cheat, this happened a month to our i130 interview
4. On the interview day, she withdraw the i130 application and we are divorced
5. Down the lane, I met a very caring USC who is eager and ready to have a genuine marital relationship with me.
6. I have EAD I got from the Asylum application that will expire soon.
Now my question is if we eventually get married and she files a new i130, can I still renew the EAD I received via asylum application as I’m still waiting for my Individual hearing at the immigration court?
As long as the court case is pending and you have an asylum case pending in court, you can renew the EAD. You do need to be careful about a new I-130. If USCIS thinks the first I-130 was fraudulent, they will likely deny the second I-130. You might want to get a copy of your file to see what is in there. You can do that using form G-639, available at http://www.uscis.gov. Take care, Jason
Thanks for your response.
I didn’t enter into any fraudulent relationship with her and i was also able to retrieve a recorded conversation where she admitted lying to the USCIS officer on the interview day. Do you think it will be necessary to submit the recordings alongside the the new i130 application?
Hopefully not, but if you have some evidence in your favor, maybe that will be good if you need it. The issue is not whether you committed fraud, but whether USCIS thinks you committed fraud. If they think that, it will be more difficult (or potentially impossible) to get a new I-130 approved. If you think there will be a fraud issue, talk to a lawyer for help. Take care, Jason
I want to apply for Refugee Travel Doc as an asylee, but I want it mailed to my P.O box as is my safest way to receive mails instead of Home address(I work as a driver and spend long periods of time away from home), how do I tell them where to send it, since the form looks like there’s no the option of a mailing address other than the home address. Thank you
If there is no mailing address, just put the PO Box as your address for that form. Check the form careful to make sure there is not a place – I do not remember off hand, but there are a lot of options on that form, depending on what you are applying for, and I am not sure about mailing addresses for the RTD. Take care, Jason
On Form I-485
page 10, Part 8, Question 17: Have you ever violated terms of your visa…,
As an asylee who came on a non-immigrant visa, do I answer YES and explain in Part 14, or do I answer NO and still explain, since that’s what the form recommend when you are “UNSURE”.Thanks
Sorry, I cannot answer specific questions about forms, as I do not know the case. The most important thing is that the USCIS does not think you are lying or hiding something, so if you have to explain, circle the question and write “please see cover letter”. In the cover letter you can provide an explanation. If you are concerned about how to approach this, talk to a lawyer about the specifics of the case. Take care, Jason
Hey Jason , I have a question. My wife & I were granted asylum and I am the derivative, I am applying for RTD, I just wanna know if I can use it to travel to our home country ?
Thank you again
I do not know whether your home country accepts the RTD, but the asylum case is your wife’s, not your’s, and so when a dependent travels home, it does not normally have any effect in the US. However, these days, you never know. Especially if your wife’s case indicated that the whole family had problems in your home country, it may be possible that a return trip will cause the US government to question whether her case was fake. At the minimum, you should be prepared to explain why you returned and how you stayed safe, in the event that anyone asks. Take care, Jason
Hi how one family 2 dissension for the kids pending for the others hold removal
I do not understand the question, sorry, Jason
Hi Jason,
Good Morning ,
Could you please tell me am totally confused totally on this,
I applied asylum in 2017 November in Washington (San Francisco office) till now i didn’t heard anything about my interview .
So i planned to go Canada on work visa and i talked to attorney over there ,attorney’s saying that if i withdraw my asylum case in US. Canadian immigration will come to know that i applied asylum in US is that true , moreover they scarred me henceforth i could not go any other country once i applied asylum in US is that true.
Please need your advice on this help me.
Thanks Jason
Canada and the US seems to share info about asylum, but I do not know whether that would stop you from getting a work visa to Canada (if the Canadian lawyer says it will, I guess that is correct, but I do not know). As far as I know, the US does not share asylum info with any other country. Take care, Jason
Thank you for your useful answer.
Hey Jason and people, Thank God today is a great day for me . My Asylum was granted in NYC court .
Apply July 2015
1st appointment October 2017
2nd appointment December 2017
Referral to judge August 2018
1st hearing October 2018
Master hearing scheduled for March 4th postponed due to snow
Reschedule for May 5th , judge didn’t give décision after hearing because The DHS attorney was missing a file ,
Rescheduled for July 18th and judge granted our case.
Thank you so much Jason May God bless you.
May God makes easy for all asylum seekers.
Congratulations – and welcome to the USA! Take care, Jason
Congratulation man, how long took your individual hearing? and how long was between master and individual hearing?
Hey asylee for our individual hearing it was 2 months and for master hearing 6 months but it turned to be 10 months due to snow and missing file.
Hi Jason,
I have submitted eight outside the normal processing time tickets. In at least four of those tickets, they say that I will hear about the decision within 60 days. The language for most of these tickets are exactly the same. One time they provide a time frame (60 days) and another time they say we asked for additional review. What is additional review?
(1) Does USCIS every provide any explanation about these tickets? (2) Who is writing the tickets? The responsible office for the case or the officer who is on duty that day? (3) Have you have raised any question about these tickets? (5) Do you think they really work or they are there just for formality and responding with exact formats.
These things must be crystal clear because this is USA not a developing country.
I think the various responses all have the same meaning, or at least you cannot tell anything from the different responses. In other words, I do not know what “additional review” means and I suspect it has no real meaning. 1 – Not that I know of. 2 – I do not know. Most likely, it is a secretary-type person who looks at the case status on the computer, and not the person working on the case – that is how it seems to work at the asylum office. 3 – No. 5 – You never know. I think they do no harm. If this path is not working, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Hi Jason, i submited my Asylum App since two months ago ( christian region asylum) , and my lawyer sent my statement and all evidence for my case,, i am married and my wife and my son in my home country and i very scared about them because the persons who I escaped from them because they was followed to kill me they went to my wife home ask about me many times and she left our home and she went to another city but they still following her to can find me ,, I tried to contact with my lawyer to ask for expedite my interview but my lawyer very hard to contact with him I tried many times with no hope ( he in another state ) so i think about going to another lawyer and cancel my current lawyer ,, so i have two questions for you
1- if i change my lawyer is that bad to my case ???
2- how i proof what happening with my wife there to can expedite my interview ?
Thanks and god bless you
1 – No, and if your current lawyer is not doing his job, you should probably change lawyers. I wrote a post on April 10, 2019 about this issue. 2 – I wrote about this on March 30, 2017, and maybe that would help. Get a letter from her. If there is other evidence – police report, letter from the children’s school stating they moved, lease agreement for a new house, etc. – you can include that information too. Maybe find a new lawyer before you try to do that, so you can coordinate with the lawyer to make sure the case is ready. Take care, Jason
Jason,
I am the natural father filling an I 730 petition for my children, should I submit an affidavit or financial support like documents other than birth certificate.
Thanks,
Sam
Normally, we do not do that, though if you think the birth certificate is not adequate, you can submit additional evidence of the relationship. Take care, Jason
Thanks Jason !
Hello Jason and patrons,
Recently I was listening to Revisionist History podcast by Malcom Gladwell (my admiration). The episodes in season 4 is about LSAT (standardize entrance test for Law school admission). Let me include those episodes here:
1. Puzzle Rush
2. The Tortoise and the Hare
I wanted to send this in email to Jason but instead posting it here for patrons help. So the main questions these episodes urged me to reach are:
How much merit would you give to LSAT (in your perspective)?
Do you agree with Malcom Gladwell on his investigative journalism of LSAT?
My intellectual curiosity leaves me with so many questions and confusion, and then I sleep comfortably at night 😁
Little bit about me and my ambitions, I am a recent Asylee and student in a community college. My passion to be a immigration lawyer and help people like me 😊 but I will have my office in a trailer on Souther Border.
So many things in one post but I feel good now 😁😁
I will appreciate your response and must listen to that podcast.
Thank you 🙏
I’ve read some MG – I enjoyed Blink. My feeling about the LSAT, which I took long ago, is that it is the only standardized test I ever took that had any relationship to the subject matter tested (ability to succeed in law school). Especially when compared with the bar exam, which has basically nothing to do with practicing law. Take care, Jason
Hello Jason
My spouse is an asylee and filled I-730 to me and I am currently in the US. As you know there are two options regarding the beneficiary’s place in i730 form which are Beneficiary is currently in the United States and Beneficiary is outside the United States and will apply for travel authorization at a USCIS Office or a U.S. Embassy or consulate in. So, we selected the first option. However,there is an urgent case back home regarding to my mother’s health and I have to go back home. My questions are: what should I do? should I notify the USCIS about that and provide them some info like the nearest US Embassy or Consulate back home so whenever I730 is approved, they can send my file to NVC? Will it be any consequences or risks if I go back home? What are the correct processes I should follow?
Thank you in advance for your reply.
I think you should talk to a lawyer about the specifics of the case to get the best advice, but my guess is that you can notify USCIS that you will switch to consular processing, and explain why and where you will do that (maybe with some evidence of your mother’s health issue, such as a doctor’s letter). A derivative who returns to the principal’s country of feared persecution should be fine, as the asylum case is your wife’s, not your’s. The main issue, I think, will be the time, as you are changing to consular processing and this might cause significant delay (consular case take over a year in general these days). I would talk to a lawyer about this, and maybe get some help about how to notify USCIS, but it should be possible. Finally, if you have a visa that allows you to enter the US (such as H1b), you may be able to leave the US, help your mother, and then return here on your visa to continue the I-730 process here – talk to the lawyer if you think that may be an option. Take care, Jason
Jason,
When asylee applying for AOS I-485 after 1 year, with EAD still valid for another year, do you normally submit I-765 along with the I-485 packet or wait until 180 days before EAD expire?
We normally do not, but at some point the person will need to renew the EAD (under category a-5), since the I-485 probably takes a year or so. Under the regulations, a person should not need to pay for the a-5 EAD when there is a pending I-485, but I do not know if USCIS is accepting that, and within the last year or so, we had to pay for the EAD separately from the I-485, but technically, I think you should not have to pay. Take care, Jason
Hello Jason and Everyone,
We’re a family of 4 making less than 50k a year and would like to apply for GC for 3 persons as Asylee.
1- Can we get approve for the fee waiver?
2- what evidences can help us qualify for fee waiver?
Thank You
1 – I do not know all the requirements – check the form I-912 instructions, available at http://www.uscis.gov. 2 – Again, check the instructions, as there are a few different types of evidence you can submit depending on your circumstances. Take care, Jason
Hey Jason, I am little bit confuse about my lawyer . 2 months ago , we did our master hearing and the DHS attorney was missing a file and they judge didn’t give us our result due to that missing and the judge gave us a new date which is tomorrow and I that time , the judge told us that we don’t need to come and our lawyer should represent us. Today I called my lawyer to be sure about the waiver but he told me that we have to come because he doesn’t see a notice on our file telling that we are waived. The problem is my wife is working right now in Denver. I am confuse . Please help me out .
Without seeing the judge’s order or hearing what the judge said, I do not know. Normally, every Respondent in the case needs to attend, but the judge can waive that requirement. If she cannot make it to court, maybe at least you can go and explain the misunderstanding. My guess is that if you do that, it will be fine. Good luck with the decision, Jason
Hi Jason,
can I re-open my asylum file after It was denied by the asylum office? I heard I have to go to local asylum office to re-apply for asylum but my concern is that they do not allow me to re-open the case. what is sucess rate to allow me to re-file my asylum?
thanks
You can try to reopen the old case – I have not done that. If you want to try, maybe the best bet is to go to the local office and inquire about the case. Normally, if a person has an old, denied case, the procedure is to re-apply with a new I-589 and supporting documents. The procedure is different from a first application (check the I-589 instructions) and normally, you would file in the local office (not the service center). The local office (at least my local office) often screws these types of applications up, and it requires a fair amount of communicating with them to finally get the new case filed, but eventually it gets sorted out and you will have an interview. Take care, Jason
Hi Jason, I’m an Ashlee and was arrested and detained in my home country for religious reason. The I-485 instruction says I must submit an original or certified copy of the complete arrest report and an official statement by the arresting or detaining agency.
The problem is the police agency who arrested and detained me didn’t give me any report or statement at all so I don’t have any documentation at hand now. What can I do? Please help!
This is pretty common for asylees adjusting to residents. You can provide them any information that you have, explain that this was an arrest based on religious persecution, and that it was explained in your asylum case. As long as you indicate that you had the arrest and explain, you should be fine. Take care, Jason
Hi Jason!
Yesterday i call the court in phone (automatic) and said: the judge order removal. I’m now waiting to get the letter from court. What should i do next? Can I appeal that decision? Do you know how long will take in NY and how much usually cost to make appeal or how that process goes? After 6 years to get this decision i just don’t understand… do the letter explain any reason why ??? Please Jason if you can guide me I really thank you.
L.F, I think I have read all of your comments- if you are the same L.F from way back when. And, I can tell you are a really good and genuine person from the comments. I was hoping that you would have been granted asylum/withholding of removal. I am not sure if the information provided by the automated system is the same as what the letter will say. Maybe Jason can confirm that based on his experience.
You can appeal with the Board of Immigration Appeals (BIA), but you have to file the appeal rather quickly as it is time-sensitive (I think the time given is 30 days). During the 30-day period, you SHOULD be safe from deportation.You can only be legally removed from the country if the 30 days have elapsed and you never successfully filed an appeal with the BIA.
According to two sources that I have read (I am not naming the sources), the appeal should have 2 stages:
>You notify the Board of Immigration Appeals of the appeal. “This is done by completing Form EOIR-26 from the EOIR website, preparing a copy of the immigration court’s asylum denial, and completing EOIR-27 if you are represented by counsel (strongly recommended). Also make sure to use the proper address—it differs depending on the method by which you mail it. You must mail a check for the current filing fee, payable to the US Department of Justice, or else complete and mail Form EOIR-26A, which requests that the fee be waived.”
>File a legal brief with the BIA. This is basically a written argument about why the IJ was wrong in denying your asylum claim. One of the sources also said, “Your attorney will be given three weeks (21 days) in which to submit this.” To be safe, you might want to hire a lawyer, if you can afford one, to help you draft a brief.
Also, if you look to the right of this page you’ll see information under the heading “Asylum Seeker Resources” on “Board of Immigration Appeals” that Jason put together.
EOIR’s website: https://www.justice.gov/eoir
How much it will cost will depend on the lawyer as well.
The appeal can take a year or more.
I am hoping for the best for you. I hope the auto system is wrong.
Hi! Yes it’s me the same L.F, but now more stressed than ever. I’m still waiting for the paper from court to see the reason (if said) the judge came to this decision. I know it was two issues during the hearing: 1. I paid taxes in PA when i was working part time, instead of NY where i was living ( but state taxes i paid in both), and the prosecutor was saying that i was living in PA which i proved not. 2. Is was technical error in my political membership card( democratic-democtaric). I explained that i had no ideuabout this error, and after court in one week i send the different cards whith apology from the pary for the error. I have almost 6 years here and never did anything wrong..i do not have even parking tickets or nothing. And i told the judge i was my request to do taxes in PA because i was making some money over there and didn’t want to do anything against the law.
Hopefully in decision it’s going to explain the reason why and to prepare with lawyer for appeal.
I just don’t know nothing now. 6 years with no family, without seeing my wife. This is just crazy.
L.F, I can understand why you’d want to appeal the withholding of removal as you wouldn’t be able to bring your family to the U.S., nor would you be able to leave the country without “self-deporting”. I would focus on preparing a very strong case. If you didn’t commit a felony, crime of moral turpitude, or fail to file for asylum within 1 year of your arrival in the US, then you still have a chance. If the “lesser” relief is definitely not what you want, start working on your case from now as you won’t have much time. Also, try to take advantage of whatever grace period is available to you. Life is not fair. It may be that my idea of fairness is the problem.
Just to add – the document that must be filed now (within the 30 day period) is only the Notice of Appeal (form EOIR-26). The brief, which is usually the bulk of the work and contains the reasons why you should win the appeal, comes later after the BIA sends you (or your lawyer) some documents (and once the documents are received, you have 3 weeks to file the brief, though you can ask for an additional 3 weeks). Take care, Jason
Thank you Jason. Do you do appeal in NY?!
Just to add: in the hearing the prosecutor offered me the withhold removal but I didn’t accept.
Hopefully, when you get the order, it will show that you at least have Withholding (which is considered a removal order, but the order is “withheld” so you can stay here). Even if you received Withholding, you probably will want to appeal, but at least it is better than nothing and often makes the appeal easier to win. Take care, Jason
If it is a case in Immigration Court, you appeal to the Board of Immigration Appeals – a link is at right. Take care, Jason
I am sorry for this news. The letter should explain the judge’s reasons. If you want to appeal, your notice of appeal must be submitted and received within 30 days of the judge;s order. The time for an appeal varies – it could be 6 months, but more likely it is one or two years. You can renew your EAD during the appeal. Also, if the judge granted you Withholding of Removal or relief under the Torture Convention, the phone system will indicate that the judge ordered removal, so it is still possible that you will have received some type of relief. Once you have the decision, talk to a lawyer about the appeal and any next steps. Take care, Jason
Hi Jason,
I have had interview last week and today when I checked it says that fees were waived. What does it mean?
wow, that’s fast. Likely approval. Please, can you share your timeline? which asylum office did you apply to and where did you have your interview?
Applied in chicago IL end of May, did the interview last week and I didn’t think it went well at all. The status was decision pending till yesterday and today morning it changed to my fees are waived and we send you notice in which shows what the next step is. I asked my lawyer and she thinks it is a mistake because we didnt aplly for work permit. Is there any other way to find out?
is your EAD clock has stopped or running? If it has stopped there is a high likelihood that its approval. I have other friends that had the same situation and they finally received approvals.
The clock has stopped. There is nothing for the ead. Before it used to say that your case has been pending for and then number of days but now there is nothing like that. It just says fees were waived and we sent you notice on how we will process. And to contact them if I don’t receive it until middle of august. Do you think its aproval?
You just have to wait for the final letter but from what you have written there is a high likelihood that it’s approval. The situations I have seen where the EAD clock has stopped and fees waived they have all received approvals. But again, just wait and see. Please let us know the final outcome.
When asylum office make a decision on your case yes or no no metter your clock stop same time becouse they proceed your case to immigration court now you can check your clock over there not on uscis web site
Congratulation!!! That means that your case been approved and you granted Asylum… The office ordered your first work permit for you and your family if any. That is the normal when you get approved , you will received your approval letter soon, and your work permit in about 3 weeks
Congrats, same thing happened to me a week ago, you should expect you approval letter in few Days.
I do not know – with asylum interviews, you really have to wait to see the actual results. It may mean an approval (as in “fees waived for the new work permit”), but you cannot be sure until you receive the notice. Take care, Jason
Hi Jason and Asylum community,
I am wondering if anyone has recently received approval for I-730 petition. I have a ever pending I-730 petition with TSC. Thank you.
I do not recall that we received an approval very recently, but we’ve had some approvals this year. Take care, Jason
Hi,
I have applied to renew my EAD 6 weeks back. I have not gotten action of notice yet. There are people who applied after me got their notice of action. Service center is Texas. What can I do?
You can call the service center and ask if they received your EAD application or not… if they received it ask for the Receipt number so you can track it on-line. The number is 1-800-375-5283
Six weeks seems a bit long. If you paid the fee by check, you can see if the check has been cashed. If so, it should have a receipt number on the back of the check. If not, you can try to call USCIS to inquire about the case – it may be difficult without a receipt number, but you can use your Alien number and maybe that will work. You can find their number at http://www.uscis.gov. Take care, Jason
Did you expedite your case for interview? I also filed in Sept 2015 in TX Houston and no interview yet,
No they scheduled me for normal interview
Hello Jason and everyone on this platform. I got asylum approval this month, filled September 2015, interview Nov 2018 under Chicago. My bank account has been dormant since I left home country, to have access to it I must have a what they call BVN number which I was unable to get before I left the home country. But there is a center in America which can handle the case. I am planning to go to the center to get it done, So that I can have online access to the money in my account. Hope this will not affect the process of filing for my green card when the time comes also hope traveling by Air should not raise any concerns because of the ICE raids.
Thanks Jason for your
amiable work
on this platform.
Did you expedite your case for interview? I also filed in Sept 2015 and no interview yet,
No. Normal interview
Can you please share interview Q&A?
Congratulations! I do not know about BVN, but it does not sound like something that would impact a GC (as long as it is legal). As for air travel, that should be no problem. Just carry your EAD, State ID, and a copy of the asylum approval. Take care, Jason
Dear jason
I read the following text in USCIS page – can u interpret this as a good sign for our backlog case?? Please leave ur input
(((We appeared before the House Judiciary Committee’s Immigration and Citizenship Subcommittee today to discuss our strategy for decreasing processing times and reducing backlogs. Despite a large workload, in fiscal year 2018 we exceeded a 5-year high in both new oaths of citizenship and the number of applications processed. We strive to adjudicate all applications, petitions, and requests as effectively and efficiently as possible in accordance with all applicable laws, policies, and regulations.))
I think this is basically meaningless, though it is true that USCIS is trying to address the various backlogs, with mixed degrees of success. Take care, Jason
Hi Jason,
I have applied for asylum in 2015 and haven’t had an interview yet. I have read your articles, but still a little confused. Can I file a writ of mandamus before I had an interview at USCIS? All I hear about is people filing writ of mandamus when they already had an interview and don’t get a decision soon. I understand it doesn’t guarantee my case being approved, just want to finally have an interview.
Thanks!
I do not do mandamus cases, and so I am not sure. However, I think a mandamus would not work for a person who did not yet have an interview, as it is a system-wide problem. That said, maybe it could – you would have to talk to a lawyer who does such cases. Take care, Jason
Hello Jason, My wife and I (the principal in the Case )got my Asylum Granted last month on June 27th, I started thinking ahead and preparing all required Documents for filing my Green Card Next year – Not sure if this needed, but back to 2015 when i Renewed my First EAD there was a one Week GAP between My first EAD and Second one, and this GAP was around 87 Days after i Had renewed my First one, the 180 Days Extension for EAD cards wasn’t in place when I Renewed my First EAD, so do you think that would make any issue for me filing my Green Card after one year, secondly, My wife is planning to travel abroad to see her Family in a Third Country and a Possible visit to Europe, does it harm if she mention Belgium in the list of countries she’s planning to travel to though she might not make it to Europe this year ?
thanks For your continuous support !!
As you describes these two points, I do not see how either should be a problem for you in an I-485. As long as you tell the truth on all the questions, and your form is consistent with prior applications (visas and I-589, etc), you should be fine. Take care, Jason
Hello Jason!
I have been called for second interview after waiting 3 years for decision. The situation has recently changed in my country due to president resignation. I think that is a reason of why they are calling me for second interview. Do you think I am gonna get a refferal? And, do you think I should bring an attorney to the interview? I am so nervous and frustrated and do not know what to do.
Thank you in advance!
If the political situation has changed and it affects your case, you need to explain why you still need asylum. You may want to submit evidence to help prove this. Depending on your asylum office, you may need to do that up to a week before the interview. A lawyer can help with these things, and so maybe it is worthwhile to talk to one. A lawyer’s job at the interview is much smaller, and so I do not know that a lawyer at the interview is so important (though obviously, it should not hurt. The more important point is preparing before the interview. Take care, Jason
Thanks for you Answer Jason, do you mean by your answer that the 180 Days Extension goes Backwards ? so in that specific question if you every worked without Work authorization ( based on the 180 Days Extension, my Answer should be NO, but since the 180 Days extension wasn’t applied when i Renewed My EAD Card, i don’t know what to Answer), i will attach an Explanation any way.
It sounds to me like you worked without authorization, but that may have been “cured” once you received the new EAD (which probably indicated that you were legal to work during the period before the card was received – though maybe not). In any event, it is best to be cautious and provide an explanation. Take care, Jason
Hi Jason
Is it possible to apply for adjustment of status to permanent resident as a derivtive when your spouse ,the principal, and you live seperately? My spouse plan on paying the fees but due to my recent financiak wows, i plan to use the fees waiver.
I am not sure – if you are still legally married, you would qualify, but if you are separated, I am not sure what the obligation is. Also, you do not want USCIS to later accuse you of fraud (and keep in mind that if you divorce, the divorce decree also includes a date when the couple separated – if you claimed to USCIS that you were together after this date, you could be accused of fraud). I think the fee vs. fee waiver should not be an issue. You may want to talk to a lawyer about what to do. One option is to file a “nunc pro tunc” asylum and this will give you asylum in your own right. It is much easier than a regular asylum case – you just have to prove you were in a true marriage. Maybe talk to a lawyer about whether this is appropriate for you. Take care, Jason
Hello Jason, thanks for this important information. I kinda scare though, its been almost three years my case is pending. I applied 5th December 2016. Still waiting for the first interview. when i check my status then it shows “Next Step Is an Interview” but i don’t know when that time will come. I am from NYC but i am living with my brother in Albany NY. Because i was severe depression almost 2 years. and i went for therapy for every week so that time i moved to my family. Still i am not fully recover from my depression. it’s really hard to survive that way. i don’t know what should i do? I am scare too about this current situation by ICE. Is there any advice or suggestion for me, let me know please. However at my case my address is in Jamaica NY but i am living at Albany and i am working too so is that will be issues in the future for my pending Case?
Thanks in advance!
If you have evidence of the depression, like a doctor letter, you can try to expedite – I wrote about that on March 30, 2017. People with a pending case are not targets for these raids (and at this point, it is not even clear that there are any raids), so you should be ok. As for working, it is a positive factor for your case, but it will not be the point that decides the case. Take care, Jason
Hi,
The new asylum bar rule explicitly states it applies to ‘any alien who enters, attempts to enter, or arrives in the United States across the southern land border’. Will it also affect those arriving by plane?
I think it will not affect people arriving by plane, and it only applies to new cases, not to cases that are already pending (assuming it is not blocked by a lawsuit). Take care, Jason
USCIS received my application in Sept 2015. Still waiting for interview. For this long time , so many things changed and happened in my home country. How can I update that in my application. Is there any other way to request interview apart from 3 main reasons to expedite and short listing?
Aside from expediting a short listing (which does not apply to all offices), I know of no other ways to expedite the case. As for updating the case, you can submit additional evidence prior to the interview – different offices have different rules about this, but generally, you have to submit at least one week prior to the interview. Take care, Jason
From 2015 to 2019 in my application, is there any process or need to update country conditions? One lawyer (not my lawyer who is my representive) whom I met said that he will help in my case by updating my country conditions and will do some touch ups in my story to make stronger than one I submitted with my current lawyer. According to him this will help me in my interview. I don’t have any evidences in my case but only a notarized statement from my family member witnessing my persecution in my country. I have US govt report which I found online about the facts happening in my home country preventing me to go back. How important it is to have evidence and to prove that I am telling the truth without much evidence? thanks for suggestion Jason!
I wrote a post about evidence on April 18, 2018 – that might help. In short, evidence is very important, and you should try to get it, if possible. Also, in terms of “touching up” your story. You can do that too, but you may need to explain why the story was not complete when you previously submitted it. Take care, Jason
Hello Jason
Thank you for the informative article.
I would like to ask.How bad is it when i bring my children in USA before they grant me a decision. I hav been waiting for almost 2yrs im crushed and burned.
I did info pass several times with no success.
My case is at Arlington.So i want to bring my children.Do you think its gonna be big problem or it can be fixed with lawyers when its time for me to bring apply a GC.
Please help!! i dont know what to do anymore.
Thank you
If you mean to bring them here illegally, I think that is a bad idea, and whether it can be “fixed” later on, or whether it would affect you now (by being accused of alien smuggling), I do not know. I think your better path is to try to expedite the case – I wrote about that on March 30, 2017. If you mean to bring your children here on a visa, they can join your case – that should not be a problem. Good luck, Jason
Thank you Jason for such a quick reply and great job you are doing.
No i dont want to bring my children illegally. I will bring them with Visa but i would like to know if there’ll be some consequences when it comes to applying for GC or to add them on my case.
My decision is pending forever.
Please help me
Thank you.
If you can bring them legally, I do not see how there would be a problem. They can join your asylum case, if that is still pending and if they are under 21 and unmarried. Take care, Jason
Hi Jason
Thank for your wonderful post in this panicked time. Do you think if renew my passport of home country, asylum office will get to know about it ? Even after interview?
I am still waiting for interview but my passport is expiring next month. I don’t know what to do.
You will be required to tell them, and if you do not, they may know anyway, which will cause issues. If you fear your home government, it may create suspicion if you renew your passport (why would a government that wants to harm you be willing to renew the passport?). If you fear a terrorist group and your government cannot protect you, then it is much less of a problem to renew the passport. You should be prepared to explain why you renewed, as they ask. Take care, Jason
Hello Jason,
thank you for supporting asylum community.
Is that correct an asylum seekers who are in status would be waiting more than normal for decision? one of my friend applied for asylum in 2013 and interviewd in 2016 but he is still waiting for decision.( he is in F status)
thanks
I have heard that, but I have not observed it with my own cases, and so I am not sure. In any case, a person would not wait 3 years for being in status. He can make an inquiry about his case by contacting the asylum office – follow the link at right called Asylum Office Locator. Also, if that fails, he might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Hi Jason,
do you think new rule for asylum seeker at the southern boarder will take place or will be blocked by court? It seems it violates the US and international law.
I am guessing it will be blocked by the courts, at least initially. The Supreme Court seems more favorably disposed to some of these laws than most other courts. Take care, Jason
Jason, this was excellent. This is probably the most informative piece I have seen/read on this topic. Thank you so much for this.
Thank you – we does what we can…
Hello Jason and members of this community.
I contacted the Ombudsman for asylum case assistance since i have been waiting for my decision after interview for 2 years. Today i received an email from the ombudsman office saying that they have contacted the uscis and that uscis has made recently a decision on my case. However When i check the asylum case status on uscis it says that they mailed me a new work permit. It does not say that my asylum case was denied or approved. Anyone has had a similar experience? Thanks.
Please disregard the first message. I checked the mail and found the letter of approval for my asylum. From applying to grant it took me 5years and 11months. I am thankful for Jason and everyone here who shared willingly information that helped me along the way. To this great country, I am grateful for taking me in. God bless this forum, God bless America.
Welcome to USA. Can you please share your asylum office?
Hi Seeker,
The asylum office is Houston, Tx. I was under Chicago jurisdiction for 5years and 7 months. 4 months after i moved to Texas, The Houston office made decision on my asylum. Also i received it from the first interview, I didn’t have to go to immigration court. Take care.
Always check the mail box. Anyway, that is great news – Congratulations and (finally) welcome to the USA! Take care, Jason
You may want to wait a few weeks to see whether a decision is issued. If not, you can contact the Asylum Office directly and inquire (and tell them about the Ombudsman’s statement). You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Jason,
I myself prepared form I730 a petition to bring my family to USA, the petition form has 8 pages, do I need to mail/send all the pages or only until part five and the 4 pages ? Cause all the other pages are not relevant to me.
Thanks,
Sam
You have to complete the entire form and send all pages with all supporting evidence. Take care, Jason
I’m sick of such a life! In August there will be 4 years since I applied for interviews. It is monstrously unfair when we wait so long, while others pass the queue. Is there really not a single politician in this country who could stand up for us? We can wait for another 10 years. Brooklyn, New York.
In some cases, the wait here is worse than the persecution back home. It is very difficult. You might consider trying to expedite, if you have a reason – I wrote about that on March 30, 2017. Good luck, Jason
Who do you think you are (I am being sarcastic :P) ? I am sorry but politicians are mostly about their own gains and so are many private citizens. To them you r probably no better than their pet dogs. I mean of course people won’t admit due to social desirability bias…Relax brother, USCIS and Trump and many Americans don’t like immigrants. It’s just a fact. But don’t let that change your mind, you should do what you think is best for you.
Hi Jason
Thanks for this update , though it sounds scary. One of my spiritual daughters didn’t come to church yesterday. When I asked her what happened, she mentioned of one video that was forwarded to her regarding this deportation issue. I didn’t believe her until I received you mail on this update. I was approved last year and planning to apply for GC next month. May the lord continue to guide and protect us .
God bless you
HI Jason, thanks for the update.
Quick update on me and Quick questions.
I am in a circuit ride, applied for Asylum on the 21st January 2018, 2 or 3 days before the FIFO memo.
Finger Print: Done
EAD: Done
state ID: I have it
Interview: Pending
Looks like am a backlog and not among the FIFO policy in Houston, any guess or possibility of me having my interview?
Questions:
1. I want to travel to Canada and greet my finance there who is a Canadian citizen:
a) how can I travel to this country while my application is pending ?
B) or can my fiance declare me to join her there?
C) and how does that impact my case here?
2. My home country passport that I applied for asylum with is expiring in the next 2 months, is it possible for me to renew it at our embassy? does that affect my application?
3. in case it’s not safe to renew and without a passport, and no RTD for pending asylee how can I travel north CA for a visit
I do not think the TX office is moving through the backlog, so unless you expedite, I doubt will get an interview soon. I wrote about expediting on March 30, 2017. 1 – You would need a visa to Canada and Advance Parole to return – I wrote about AP on September 11, 2017. Whether you can join her there, I do not know – talk to a Canadian lawyer about that. If she can come here, she can join your pending asylum case. 2 – If the embassy lets you renew it, you can. Whether that would affect your asylum case depends on the case. If you are fearful of the government, or the government wants to arrest you, and they renew your passport, that may seem suspicious. At the minimum, you should be prepared to explain how you were able to renew. 3 – Advance Parole. Take care, Jason
Thanks so much for this quick reply?
What do you mean by her joining my case here? given the fact she is Canadian, can’t she just come and lives and work here without her joining my case?
what will she be fearing for if she is canadien citizen while my case is from another country outside American continent
If she is physically present in the US, legally married to you, and wants to join your case as a dependent, she can do that. It does not matter that she is a Canadian citizen. I once had a case where the wife was the asylum seeker and the husband was Canadian. The wife won asylum and so the husband got asylum too, as her dependent. Take care, Jason
Thanks for the update.