The Trump Administration has implemented a new rule to reduce due process protections and make it easier to deport certain aliens who are in the United States unlawfully. Given its questionable legality, clumsy roll-out, and lack of notice, we can expect the new rule–which expands the use of “expedited removal”–to be challenged in court, and so whether it will remain in effect and how it will ultimately be implemented, we do not yet know.
While I don’t share the apocalyptic view of some of my colleagues, I do think there is a real danger that the rule gives too much authority to under-trained immigration agents, and that it will result in some non-citizens (and potentially some citizens) being improperly detained and deported in violation of the law. I also think it will further exacerbate the Asylum Office backlog. Worst of all, I expect the new rule will disproportionately impact and terrorize minority communities.
Here, we will take a look at the new rule and what it might mean for asylum seekers and others. But first, we have to talk about “expedited removal.” The American Immigration Council describes expedited removal as follows–
Created in 1996, expedited removal is a process by which low-level immigration officers can quickly deport certain non-citizens who are undocumented or have committed fraud or misrepresentation. Since 2004, immigration officials have used expedited removal to deport individuals who arrive at our border, as well as individuals who entered without authorization if they are apprehended within two weeks of arrival and within 100 miles of the Canadian or Mexican border.
Basically, a non-citizen who recently entered the U.S. either without inspection or through fraud, and who is encountered near the border, had less due process protections than someone who has been here for a longer time, who entered lawfully or who is in the interior of the country. People subject to expedited removal do not get to see an Immigration Judge–they are detained and deported quickly (though there are exceptions, discussed below). The new rule expands the use of expedited removal geographically and temporally–
As of July 23, 2019, expedited removal may be applied to individuals who are undocumented, or who have committed fraud or misrepresentation, and who are encountered within the entire United States and who have not been physically present in the United States for two years prior to apprehension
What does this mean in practical terms? If you entered the U.S. lawfully with a visa, and did not commit fraud, expedited removal does not apply to you. Even if you entered unlawfully or without inspection, expedited removal does not apply to you if you have been in the United States for more than two years. These criteria beg the obvious question: How does an immigration agent know whether you entered fraudulently or whether you have been here for less than two years? As I read the rule, it seems that the burden of proof is on the alien. So if you entered legally, keep a copy of your passport, visa, and I-94 with you. If you entered unlawfully more than two years ago, carry evidence showing your length of residency–tax and employment documents, school records, lease agreement, bills, etc. This type of evidence will not protect you from being detained if you are out of status, but it should at least allow you an opportunity to present your case to an Immigration Judge, rather than facing summary removal (for information about what to do if you encounter an ICE agent, click here).
Let’s say you are subject to expedited removal and ICE stops you. Then what? If you have a fear of returning to your country, you can express that fear to the immigration agents and you should be afforded a credible fear interview (“CFI”). The CFI is an initial evaluation of eligibility for asylum; it is conducted by an Asylum Officer. If you “pass” the CFI, your case will be referred to Immigration Court where you can present your full asylum case to a Judge. If you “fail” the CFI, you can request an Immigration Judge to review that decision and potentially reverse the negative determination by the Asylum Officer (unfortunately, the likelihood of success for such cases varies significantly depending on the particular Court that hears your case).
If everything were to work according to the law, the new rule should not be too bad: People with a fear of return can still seek asylum and those here unlawfully would be quickly removed (such people generally do not have any defense to being deported). The problem–which is completely predictable since we have seen it before–is that things often do not work according to the law. ICE agents frequently lie to prevent non-citizens from exercising their legal rights. They also make mistakes, which result in people being denied their rights. Further, ICE often engages in racial profiling, and so we know which communities will bear the brunt of the new rule.
In addition, there is the problem of politicization of our nation’s immigration enforcement. Every time the President puts out a tough tweet about “illegals,” ICE has to scramble to make it come true (or not). The result, of course, is distress and terror in immigrant communities. The new rule seems tailor-made to increase such fears.
Finally, with this new rule, there is the problem of execution. I’ve described the Trump Administration’s approach to immigration as malevolence tempered by incompetence, and this new rule is no different. According to the Migration Policy Institute, there are nearly 300,000 immigrants in the United States who could be subject to expedited removal. When ICE starts detaining these people, we can expect many to ask for a CFI (which is usually their only option). Since CFIs are conducted by Asylum Officers, the new rule will shift resources away from “regular” affirmative asylum cases and will likely exacerbate the backlog (ironically, the whole point of the LIFO system was to deter frivolous cases by making the process faster–the new rule will have the exact opposite effect). Further, people whose CFIs are denied can ask an Immigration Judge to review that decision, thus taking additional resources from the Courts and causing more “aimless docket reshuffling.”
The new expedited removal rule seems to me predicated on two myths: First, that there is a pressing danger from non-citizens living in our country. Empirical data does not support this conclusion; rather, it is based on racist and xenophobic stereotypes perpetrated by the current Administration. Second is the myth that our country would be safer if we traded some of our liberty for more security. And make no mistake, when under-trained immigration officials are given near carte blanche to investigate anyone deemed “foreign,” we are–all of us–giving up some of our liberty. As my favorite Founding Father, Ben Franklin, once wrote, “Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.” The new rule reduces our liberty, does nothing to enhance our safety, and sows more fear among our immigrant neighbors. It is another sad step towards the degradation of our great country.
Hi Jason
I filed for Asylum in 2015, attended an interview and was referred to immigration court. However I left the USA willingly in 2017 without informing the authorities.
I became a British citizen in 2023 and would like to visit friends and family in the USA.
Do in need to file any form informing the authorities that I left USA in 2017 or should I just apply for visit visa.
Thank you
My guess is that you have a deportation order because your case was in court and you did not attend. If you follow the link under Resources called EOIR Case Status and enter your Alien number, you will see about that. If so, you probably have a 10 year bar to returning (probably running from the date of the court order, but I am not certain). It may be possible to come back before the 10 years by filing a waiver, which is a form seeking forgiveness for the deportation. There are different types of waivers, but for non-immigrant visas, like tourist visas, it is probably the INA 212(d)(3) waiver. In any case, if you see that you have a deportation order, you probably want to talk to a US immigration lawyer about the best way to return here and whether there are any risks of being denied entry upon arrival. Take care, Jason
Hello Jason,
I have file form I-589 for asylum and I did not win interview . I have meeting judge on July 2024.
Also I have submitted to USCIS the application for married with US citizen (I-130, I-485, I-765).
I received employment authorization. USCIS send me a letter ” Notice of administrative Closure” where is writing that: USCIS reviewed your case and determined that you are currently in proceedings before an Immigration Judge and your next hearing is scheduled on July 2024.It does not apear that the removal proceedings against you have been terminated.
If the removal proceedings are terminated without a ruling by EOIR on your adjustment application you may submit to this office the termination order and a written request for USCIS to reopen your form I_485.
My question is: Is any option how to withdraw my asylum case ? is mandatory to have lawyer or I can do by my self? if I withdraw case I have the same option to reopen case for I-485.
Or I need to wait for the date of hearing July 2024?.
Thank you for attention on this matter.
Ela
USCIS cannot make a decision in a marriage case if you still have a pending court case. They do not have jurisdiction over your case until the court case is dismissed. If the July hearing date is a Master Calendar Hearing, you can ask the judge to dismiss the case. You should bring evidence of the approved I-130, pending I-485, lawful entry into the US, and if you have any criminal issues, proof that those are dismissed or resolved. You can also call DHS (the prosecutor) in advance to ask whether they would agree to dismiss your case. You can find their contact info if you follow the link under Resources called DHS Office of the Chief Counsel. I do think it is easier to have a lawyer help you with this, but if you cannot afford a lawyer, try it yourself and see if you can do it. If not, then you can consider hiring a lawyer. However, if the July hearing is an individual hearing, I think you should get help from a lawyer, as some judges are tougher than others, and if you do not present the application correctly, you could be ordered deported. Take care, Jason
The date of court is July 30,2024
Hello Jason,
Please I have a situation that daughter file form I-601 waiver for her father that is departed from USA on 2018 year and he is in his country now and time write in his immigration paper is 10 years no to come in USA.
USCIS send a letter request for evidence and show that daughter can not qualify a qualify relative. Qualify relative must be just parents or wife.
I read in search google that child over 21 years old can be qualify relative for form I-601.
“For I-601 waivers, a qualifying relative is a U.S citizen or permanent resident spouse, parent, or child of the immigrant who seeks a family unity waiver to re-enter the United States after their consular processing interview abroad”
The question is The daughter can be qualify relative for his father that he is now in her country not in USA?.
Thank you
Dora
The I-601 can be used for different types of waivers. If they are trying to get a waiver based on an immigration violation, that is usually under a section of the law called INA 212(i). Under that section, a child cannot be the qualifying relative – only a parent or spouse. I believe there are other types of waivers where the child can be a qualifying relative on form I-601 (for example, a waiver for a criminal issue under INA 212(h)). And so it depends on the type of waiver they are seeking using that form. Maybe you want to talk to a lawyer to look at the case and see what can be done. Take care, Jason
Thank you Jason. In the letter is writing : To be eligible for a waiver under section 212(a)(9)(b)(v) of INA
Please can you explained more little this what is the idea?
If the wife is in process of I-130 when sponsor is daughter and also in process of waiver I-601 but she is in USA can she help the process of her husband that he is out of the USA?
I am confuse if I can submit these paper above to his wife (not yet she has green card ) or to send info of her daughter but in the letter is writing that the daughter can not be qualify relative.
Thank you for helping us. God bless
Thank you
I believe that section refers to unlawful presence, meaning that the person was in the US with no status for at least 6 months. If so, I think the proper waiver is under INA 212(i), which a person can only get if they have a US citizen or green card spouse or parent )not a child) who will suffer extreme hardship. If they do not have such a relative, they cannot qualify for that waiver. If the wife had a GC or was a US citizen and can show that she will suffer severe hardship if her husband does to return to the US, that could be a basis for the waiver. But if she not a US citizen or a GC holder, that will not work. I would recommend talking to a lawyer about the specifics of this situation to make sure I am correct and also to see what other options exist. Take care, Jason
Hello Jason,
My friend filed form I-485 application for green card On October 22,2022 with edition date 07/15/2022. Immigration denied I-485 because application has not correct edition date . Please before to file form I-129 B I want to make sure that was correct edition date of the form I-485.
Thank you
Dora
You should just go to the I-485 web page at http://www.uscis.gov and it will tell you which editions of the form are acceptable. Better yet, just download and use the form that is currently available on the USCIS website and your friend will be fine. Take care, Jason
Thank you for your response.
He has filed I-485 on October 2022 and new rules show that after December 23,2022 will show new edition form I-485 that is currently available. On May 25,2023 USCIS sent to him letter that need to send full form I-485 because is missing page 5( that is impossible from us because we have copy full form and maybe when they scan this form to show in immigration online system maybe is two pages together) and request to send again form I-485. Question is: Did he need to send I-485 that he filed on October 2022 original that he has mailed to USCIS or on May to file new form I-485 with new edition date. Confuse??
second question: Because I-130 is still in process and USCIS denied his I-485 for the reason I wrote in first paragraph please what do you suggest: To make new application I-485 and send in the same office that we send together with form I-130,I-765 or to file I-290 B reopen case reconsider .
Your help is so important in this case.
Thank you
1 – If they asked for the new version of the form, you should send that, but if they just need the missing page of the form you sent, you can send that. By the way, it is not uncommon for them to lose a page, and so it probably is their fault, not that this does you any good, but you are not alone. 2 – If the I-485 was denied, you may need to file that again, but it sounds like they are just requesting additional information (the missing page). You may need to have a lawyer look at the letter they sent you to determine how to proceed, but if the I-485 was denied, you would need to know why it was denied before deciding how to proceed now. Take care, Jason
Hello Jason,
Please I need a help to understand the situation below.
If a child under 21 years old has one from parents or both US Citizen and he or she needs to apply just for US Passport in Post office or to file form N-600 and to receive Citizenship certificate.
I don’t understand if a child has US passport why need to apply for Citizenship certificate? What is the difference?
I will appreciate your help to make clear this situation.
Thank you
Dora
If a child has proof of citizenship (such as a US passport), the child should not need an N-600. The N-600 is more expensive than a US passport, and so I do not know why people sometimes use that form. I have not done it for anyone in many years. There may be reasons that I do not know about, especially if US citizenship is not certain, but I am not sure. Take care, Jason
Dear JASON DZUBOW
I hope you are doing great! my question is I have submitted a motion to advance my hearing date mid September but i do not hear the approval pr the denial of the motion. still pending? what does it mean pending? or it means the judge is busy and did not see? or waiting time spot to rescheduling? I am not clear.
thank you
It means there is no decision yet. You can call the court and try to talk to the judge’s clerk to see whether the judge can review the motion. You can find the phone number if you follow the link at right called Immigration Court. Take care, Jason
Hello Jason,
Please I need informaion for helping my cousen. She come ilegaly in Portorico and her last destination that she is thinking was New York. She decidet to immigrate for some reason to safe her life.But in the border of airport of Portorico the stop her and not allowed her to travel for new york. Please What is the procedure to continue proces with immigratin to take a lawer? She has right to take a lawer in Portorico ore directly can return back to her country? Is any option if somebody wants to be sponsor to support her to stay here and not to return back in her home country? Please explane in detail what are the steps that we can follow to help her. Thank you for attention in this matter
Sorry, do you mean Puerto Rico? If so, she is in the United States and can ask for asylum. There are lawyers in PR who can assist. I do not know any, but you can start by using a website like http://www.aila.org or reaching out to Catholic Charities or some other non-profit in PR for help – maybe they can refer your cousin to a lawyer. If she is detained, she needs to do a “credible fear interview,” which is an initial evaluation of eligibility for asylum. A lawyer can help with that too. If she is not detained, she can simply file for asylum using form I-589, available at http://www.uscis.gov. The bottom line – see if you can find a lawyer to assist her. Take care, Jason
Thank you for your information.
Dear Jason,
Please I need a help in question 21 Part A form I-589. I have this situation, I came in usa 04/01/2019 and my passport expire on 07/01/2019. when I come here I took and new pasaport from my country. In I-94 form is shown infrmation with old pasaport. In new Pasport is just seal of immigration for the time that I have permision to stay here. My question is? in poin 21 Part A I have to put inforation for older passport or new pasaport or I have to put information for new pasport and travel document to put older pasaport? please help me with this question because I send application with older pasport and rejected and after with new passport indormation and again rejected and I need to send the correct information.
Thank you for attention in this matter.
Isana.
I cannot answer case specific questions like that, since I do not know the case. However, for our clients, we put info on the I-589 about the current passport. If the visa was in an old passport, we include the visa number. For people like this, we include a complete copy of both passports. If they have previously rejected your I-589, they should have included some instructions with the rejection – maybe that would give you some guidance, but I do not think the case should be rejected if you include a copy of both passports and include accurate info about either or both passport numbers on the I-589 form. Take care, Jason
Thank you Jason for your information. For to make more clear the situation my explanation is:In Form I-589 point 21 I wrote new passport number xx1233333 and I left blank travel document number___.
In the first time I wrote old passport number yy1234567 and I left blank travel document number___. In two cases the immgartion rejected and send a letter with this explanation.
“You must complete every block and question as described in the form I-589 instructions located at uscis.gov/forms.
A. If the question does not apply to you or you do not know the information requested, you should place N/A (meaning not applicable/evailable,NONE or UNKNOWN)in the block.
B.If a question in part “B” or “C” doesn not apply to you, you must answer No and leave the remander of the question blank. If you answer ys, you must provide and explanation in order for your application to be complete.
C. You must complete the following sectio(s), part(s),area(s),or question(s):1,4
Part A.I. Question(s):21
Part A.III. Question(s): 5
Please Jason gave me any advice or more explanation to make sure to file correct and to sublit form I-589.
Thank you
There have been a large number of rejections for this reason recently. You should look at each question that they say you failed to answer and provide an answer. If there is no answer – for example, if you do not have a travel document – write N/A for not applicable. As long as every box contains some type of response, you should be ok. At least until they come up with their next scheme to arbitrarily harm asylum seekers. Take care, Jason
Thank you for your explanation.
Please how to undesrtand tha las point .C. You must complete the following sectio(s), part(s),area(s),or question(s):1,4?
I gave in part C all answer NO and I left blank .
Maybe is different meaning parts 1,4 in form I-589
Thank you
It sounds like they are referring to Part C, questions 1 and 4. Maybe if they are blank, write “N/A”. Unfortunately, they are playing a game where they are arbitrarily rejecting applications and it is difficult to guess what they are talking about. Take care, Jason
Hi Jason,
Thanks for all your help. My question is regarding the shortlists. My case is pending in the Newark Office. Any idea how long is the short-list in Newark office, and how often it is being used? Thank you
Last I checked, it still exists. I do not know how long the wait is, though. Newark is one of the few offices that is actually moving pretty quickly, so I imagine they are interviewing some short list cases, but I do not know for sure. Maybe someone else here knows. Take care, Jason
Hi Jason, I have a question, I have a green card based on asylum. currently I have a refugee travel document that gets expired next June, but I need to apply a reentry permit as I have a plan for family vacation next summer. is it possible to apply for reentry permit though my refugee travel document is not expired?
regards..
I am really not sure about that. You could try, but you are risking losing your money. An alternative is to apply for a new RTD now. You have to send in the original, unexpired RTD (this is really annoying that they make you do this – double check the instructions to make sure it is required, as I have not renewed an RTD in a while, and maybe they changed this requirement). It probably takes 4 to 6 months to get the new RTD, but once you have it, it is valid for a year, which should cover next summer. Take care, Jason
Hi Jason,
My asylum application was received by Houston Asylum Office on 26th July and my Application Support Center appointment happened on 20th Aug. I am still waiting for an interview notice mail. Do you have any knowledge or idea when I should expect a scheduled interview date at Houston AO? Did the transfer of asylum officers from New Jersey to Texas slow down the process in Houston? Thank you
I posted the latest data I had on June 12, 2019. It is now getting a bit old, but as I remember, Houston was a slow office. Given that you filed two months ago, it is probable that the case is in the backlog, but it maybe not. If you do not have an interview in another month, I think you can be pretty certain that the case is in the backlog. I do not know how long Houston takes to process backlog cases, or if they are doing backlog cases from newest to oldest (as was announced) or oldest to newest (as at least some asylum offices are doing). You can ask to expedite if you want. I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
Would be a helpful if any pending asylees siblings and parents in the USA and they have US Passport(through DV Lottery)? And his siblings already applied for him, it’s been 8 years. but my friend wants to know if his parents apply for him would be easier for GC or not? He is unmarried though. He applied Political Asylum and it’s been more than 3 years he is waiting for his first interview.
If he is over 21, there is a long wait, even for petitions filed by parents (you can Google “DOS visa bulletin” to see the wait times). Whether he needs to leave the US to get his GC, and whether that is even possible, I do not know. He can have them file a petition and see what happens, but he might want to talk to a lawyer about it to see whether it is worthwhile. Take care, Jason
HI Jason,
Do you know where I can get information to support the notion that relocating to Northern Kurdistan region is not a possibility for Arabs ?
Thank you
H.
Maybe the Kurdish government has a website describing the issue, or the US State Department report on Iraq. Otherwise, maybe you can Google it and see what comes up. RefWorld often covers issues like this, but I always find their articles through a general search on Google. Take care, Jason
Excuse me Jason I have some question unrelated to this title
Can a green holder sponser her spouse with pending asylum case?
She herself got her original green card through marriage but the relationship didnt worked and she ended up in divorce. The marriage is bona fide and there is no benefit or any kind of soliciting had been undertaken. It is marely based on love and there is compatiblity with cultural, religious and national origin.
Thank you
There are limits to sponsoring a spouse if you got your own GC by marrying someone. I forget the waiting period, but it is something like 5 or 7 years since you got the GC. Talk to a lawyer to check that for you, as it is important. As for sponsoring an asylum seeker, that has its own issues, as a person with a GC cannot generally give someone a GC without that person leaving the US. There are plenty of exceptions, but you should have an attorney look at the specifics of the case to know for sure. Also, I did a post on August 28, 2018 that talks a bit about this issue. Take care, Jason
Hi Jason,
I just want you to confirm if the recent decision by AG Barr in matter of L.E.A would have any effect on women (who have undergone FGM) and are now in fear that similar action will be done to their female kids by their extended family.
Thank you.
Probably it would not affect such a case, since the woman (I am assuming she is the applicant) has already suffered past persecution (FGM), and now she fears future harm if she tries to protect her children from FGM. The future harm is not based on “family membership”, but rather on the woman’s opposition to FGM. I did a post about this on March 26, 2012. It is a bit old, but I think it may help. Take care, Jason
Hi Jason. I HAVE TWO questions if you please can enlighten me with.
1.. I need a copy of my I-589 application from USCIS. WHAT’S the procedure for it to get it ? I submitted FOIA online with USCIS about this request? Am I following the right procedure?
2.. I have filed for EAD renewal and I-797 in hand. Does it mean the EAD is extended automatically for 180 days now ?? Asylum is pending in court .
Regards
1 – That is correct. However, you can also go to the Immigration Court and get a copy of your form from them. This does not always work, as courts only let you copy a limited number of pages, but you can try – contact the court directly by following the link at right called Asylum Office Locator. 2 – Yes. Once you have the receipt, the old EAD is automatically extended. The I-797 says as much (I think it says this near the bottom of the page). Take care, Jason
Hello Jason,
My friend has her green card through asylum and she wants to travel to the third country to visit her father. What does she need to have with her to make her return safely? Is her green card enough?
Thanks!
She can return with a GC, but it is better to also have a Refugee Travel Document (form I-131, available at http://www.uscis.gov). She can use this instead of her passport (though all countries do not accept it). If she travels on her home country passport, it could raise suspicion about her asylum case, especially if she fears persecution from her home government (since she places herself under the protection of the home government if she is traveling with her passport). We do see clients travel with their passports in this situation, and we have not seen a problem yet, but it is better to be safe and use the RTD if possible. Take care, Jason
Hi Jason, I have a question. If I have a pending asylum case, would it be possible to get a green card through employment or marriage? Would the process be complicated and risky? Thanks.
It may be possible depending on the facts of the case. I wrote about these issues on August 2, 2018 and August 28, 2018. Maybe those articles would help. Take care, Jason
Hi Jason, I have pending asylum case. Would there be any problem if i travel to Puerto Rico to visit a friend? Thank you!!
I believe not, but I do not know for sure. Maybe check with the airline if you can travel there without a passport. I think you can. For example, you cannot travel to the US Virgin Islands without a passport, but PR should be ok. Nevertheless, these days, everything is a mess, and it is best to check in advance with the airline about what documents are needed for the trip. Take care, Jason
Hi Jason,
What does this mean:” your case moved to priority supervisory review.”? I understand AO has made a decision on my case and waiting a supervisor approval, is that right?
Probably, but understanding their messages is like interpreting tea leaves. It does sound like they are actively working on it, and so hopefully, you will get a positive decision soon. Take care, Jason
Hi Jason,
I applied for asylum in 2015 with my husband been a derivative on my case but by 2017 when i was called for interview we were separated so i took him off the case. Now we are back together and my decision is still pending can i add him back to my case?
Thank you
I am not sure how to do that, since the interview is over, but you can contact the Asylum Office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. If you can re-add him to the case, he should be eligible for an EAD. If you cannot add him to the case for some reason, and if you win, you can file an I-730 for him and he can get asylum too (though it will take months). Take care, Jason
Are you stupid?
Too brash!
Hi Jason,I applied for asylum since 2016 and I renewed my EAD for the second time .my attorney submitted expedited interview for me on June but still have not received any interview letter yet.it takes long to schedule me for interview?my wife is persecuted in my country and I don’t know where she is now since 2 month .
The wait time for an expedited interview is not predictable, and often such requests are denied (and sometimes ignored). If there is no news soon, your lawyer can follow up with the asylum office to see what is happening. Good luck, Jason
Let’s Make Lemonade From the Lemon DOJ Sends Us!
Matter of N-A-I (2017) and C-J-N (2014) stated that a person granted asylum status loses this status once he/she becomes a lawful permanent resident. This was a bases to deport a lawful permanent resident who was granted asylum in the past to a country of feared persecution.
Since DOJ has sent us such “lemons”, can’t we apply this ruling to conclude the following “lemonade”?
Since lawful permanent residents lose their asylum status, they should not be fearful to lose their “already lost asylum” status while doing any of the following actions (see USCIS Fact Sheet as of 2006, https://www.uscis.gov/sites/default/files/USCIS/Archive/Archive%20News/2006%20Archive%20News/Asylee_travel_information.pdf):
1. Travel to the country of feared persecution.
2. Use the passport of the country of feared persecution for travel or other purposes (vs. using a Refugee Travel Document).
3. Apply for a passport from the country of feared persecution.
4. Obtain citizenship of a third country.
5. Permanently resettle in a third country (of course ignoring separate 1-2 year absence from the US rules for green card holders)
6. Does anything else come to mind?
what are you talking about ? none of this makes sense. what is the point of this ?
You are trying to apply logic and consistency to the immigration system, and that rarely works. I do not recall the details of the case you mentioned, but I think at least one related to eligibility for a refugee waiver (INA 209(c)) for people who already have a GC, and the fact that such people are no longer eligible for such a waiver. I would be careful about doing any of the actions you mentioned, lest USCIS decide that the original asylum claim was fraudulent. That said, I have had clients travel back home and use their passports without any negative consequences. While that has happened, there is still some risk, especially these days, when USCIS is looking for excuses to harm people. I think it is better to be safe than to take such risks, but each person must make that decision for himself. Take care, Jason
I think he is just joking
I brought up this point previously.
The answer is not quite straight forward.
First, as the BIA has ruled as such, and upheld by federal court, an asylee lost asylum status he s/he applied for adjustment of status.
However, it does not mean that s/he can or should do whatever s/he wants. For mainly two reasons,
1) The LPR status is most likely a direct result of the asylum case. To be eligible for AOS, the principle has to be a refugee at the time of adjustment. So if as a matter of fact, the underlying asylum case is fabricated, or the applicant has no well founded fear the AOS should have not been approved and thus your status could be revoked. Returning to home country can be evidence of such. Even worse, if you are found of lying on your case, you will be barred from any immigration benefits forever in the US.
2) If the congress passed immigration reforms that bars asylee from returning to home country, and extend that bar to LPR, well, you are screwed.
But as of now, the burden of proof of you lying on your application is high and on the government. You should be fine travel with your passport. But should still be careful returning to your home country depending on the specifics of your situation and your asylum case. For example, if you claim your home country’s government is sending male citizens to remote labor camp and you returned for weeks without issues, the government can argue you lied. At the minimum you have to pay thousands for a lawyer and potentially lost any chance to stay in the US.
Hi Jason, I withdrew my asylum application after few years of not getting interviewed but not before receiving green card through another means. If i travel back to home country to visit a sick relative, will i be in trouble upon returning?
It is possible – they could accuse you of filing a false asylum application. If you travel back, you should be prepared to explain why you went, how you stayed safe, and that your old asylum application was legitimate. Take care, Jason
Dear Jason , I have this incredible confusion. I hope you can give me light on this. I have been granted asylum. and I want to apply for Travel Document to see my family in Europe. But I also need to apply for GC. So, do I have to be present a full year after asylum approval to be able to apply for GC? and then , when I get the travel document will that affect that time? One last question is it safe to travel and come back to the U.S with only Travel Document but No GC. This is very confusing to me and I want to do the right thing. I would appreciate if you can outline at least the proper timing to apply for Travel Dc and GC after asylum approval. Thank you for guiding US!!
To apply for the GC, you can add up all the days you have been inside the US since asylum was granted. If it is more than one year inside the US, you are eligible to apply for the GC. When you pay for the I-485, that fee includes the I-131 (Refugee Travel Document), so you can send both forms together with one check. If you have a valid. unexpired RTD, you can travel outside the US and return with the RTD; you do not need a GC. Take care, Jason
with that being said, could I apply for travel document soon after asylum is granted?
As soon as asylum is granted, you can apply for an RTD. Take care, Jason
Hi Jason,
What is asylum approval chance for a person that has been granted waiver for 2 year home residency requirement for J1 visa on the basis of fear of persecution?
Best,
Assuming there is a “nexus” (meaning that the persecution is on account of a protected ground – race, religion, nationality, political opinion, or particular social group), you should have a decent chance for success, but of course, it depends on all the factors in the case, including the one-year filing bar and any other bars to asylum. Take care, Jason
Hello Mr.Jason,
Thank you for your great articles. I have a question:
I was granted asylum in November 2018 as a derivative applicant/immediate family member. A few weeks ago I applied for a travel document and I’m planning to travel to Canada to visit a friend on this Thanksgiving, which is exactly 1 year after I was granted asylum. Can this affect/delay my green card application? Thanks
You have to have one full year of physical presence in the US. So if you leave for a week, you need to wait an extra week before applying for the GC. Otherwise, there should be no effect. Take care, Jason
Hello jason!
I will be glad if i get a response from you. I filed for asylum last year and got denied why still in status, my application was not referred to the immigration court. I re-pplied again march 2019 but didn’t get a receipt of notice after three month, sent another application june 2019 to the mesquite texas service center. I have yet to receive receopt of notice . Please advise on what to do sir, i read in your article that re applying for asylum application is to be send to the local asylum office buy my attorney said mesquite is where application are to be send to. I reside in salt lake city utah, my asylum case is on female genital mutilation, the local office that handled my last year asylum application was the houston office, was told that New Orleans is a sub- office of houston asylum local office. Can i submit another application to New orleans asylum office due to its approval rate. Please advise on what to do .
It is difficult to submit a second application, as the asylum offices often do not seem what to do with it. The proper procedure is to submit to the local office. You can contact them directly and tell them you submitted the application to the TSC, but I do not know if that will help (TSC is terrible – they “disappear” cases that are improperly filed instead of informing you). You can find the contact info for the local office if you follow the link at right called Asylum Office Locator. An alternative might be to contact the local office, tell them that you are now out of status (if you are), and ask the, to send the case to court. That may be easier than going through the whole asylum office process, since if you lost the first time, you will most likely lose again, and you want to get to court so the judge can review your case de novo (in other words, the judge will review the case anew, and make a new decision). Take care, Jason
That case is like mine.I applied August 2014 and interviewed October 2014 and received the final denial November 2014.Because I was in legal status, my case wasn’t referred to the immigration court.
I reapplied June 2015 and still have been waiting for my interview (Los Angeles/converted religion/Iran/family separation).After almost 5 years from my first interview ,do you think they will fail me again because of the denial result of my first interview ?That time they didn’t believe in my religion completely, but after such a long time,I have a lot of evidences from my mega church .I’ve started volunteering and really active to this community.If the circumstances has changed during this 5 years, does my failing rate depend on the previous one?if so,why don’t they refer me to the court if I’ll be fail again due to the first interview.
Thanks in advance,
As I understand it, when you have your first interview, they examine your life from birth until the day of the first interview. At the second interview, they examine your life from your first interview until the day of your second interview. In many cases, this makes it impossible to win the second interview (since the person has been in the US and not much has changed), but in your case, it seems to me that your case has gotten much stronger since the first interview. You should submit all the new evidence and maybe a new affidavit explaining all you have been doing. Based on what you wrote, it seems to me that you should have a strong claim for asylum. Take care, Jason
Hi M.,
Would you please tell how long your I-730 took to be approved? Were you in the US at the time of approval? Thanks
Hello everyone
How likely is it to apply for canadian student visa while on pending asylum in usa???what chances are of approval?
I do not know. Maybe talk to a lawyer in Canada, or just give it a try. There is a decent chance that the US will share info about your current status with Canada (we have a Safe Third Party Agreement with Canada), and this may affect your chances of getting a student visa there. But hopefully, you can get it. Take care, Jason
Hi Jason!
I got the letter from the court with the denial decision. In the letter judge said that she believes everythat I said and the arguments woth the dhs attorney is not a reason for denial. She said because the past persecution in my home country happened because of my family members and now that they are not in my home country and they are safe, i can go back home and feel safe because my family isn’t there!!! And this is the reason that I don’t qualify for asylum (political) even though I’m membership of the party like my dad and my mother even that I suffer consequences from this …
I talk to a lawyer to make and appeal and he said that this is not a good thing fron Judge and he said the good thing on all this is that judge said that she belives my testimony. What do you think Jason what’s the chances to get a goos decision and how long you think this wikk take?!
I really appreciate
i am so sorry to hear that, can i ask you what kine of argue you had with DHS attorney?
I am sorry for this news. It is very difficult to win an appeal where the judge finds you not credible, so it is good for your case that the judge believed you. Based on what you are saying, it does not sound like a very well-reasoned decision, and so you may have a chance on appeal. Make sure to file the appeal on time. Good luck, Jason
At least 4 times Judge in decision mentioned: i find his testimony is credible and he is consistent in what he’s saying. It’s the same testimony in writing and oral, during the interview and now in court, I don’t find any discrepancies. The argues whith government does not effect my decision because he is just trying to explain the reasons why he did … and i find it credible. But he is not eligible for political asylum because he was threatened because of he’s parents and now they are safe and live in the third country. So it is safe for him to return to his home country?!! And my new lawyer said that it was a mistake in filling the application too because supposed to be that I’m member of party too no just my parents. And he said that is still a chance! If appeal returns case to IJ than the case is already decided because most of the time the decision from appeal is final. Hopefully for good now!! Appreciate Jason
It is definitely possible to win on appeal, and in a case like this – where the IJ found you credible – you should have a chance. Good luck, Jason
What I find troubling is that, after years of the Supreme Court decision, lower courts, BIA, and IJs still too often, do not apply the correct standard for asylum cases. Very often, the court and judges seem to have applied a “more likely than not” standard to a “well-founded fear” case.
It does not require an applicant to show that there is a 50% change s/he will be harmed.
This requires a careful review of the current country condition and the applicant’s personal condition.
The Well-founded fear standard is meant to lean towards the “false positive” side.
Unfortunately even the same court does not review the cases under the same standard. For example 3rd circuit has overturned BIA decision on case and directly grant asylum (which is very very rare) to a Chinese applicant which is found not credible by the IJ, while denied many other similar cases.
Well…I am sure if the judge wants to deny the applicant, there will be no shortage of reason s/he can use as excuses. And similarly, if a judge wants to grant asylum, there will be no shortage of ground s/he can establish…I feel asylum application is 99% if not 100% out of luck.
i totally agree with you its totally up to the chance.
Hi Jason,
Thank you so much for this website.
As you know, in the case of defensive asylum there is a significant discrepancy when it comes to grant of asylum by different judges where some judges are much more likely than others o reject the petition.
I was wondering if the same goes for asylum officers in the affirmative asylum petitions?
Thank you so much!
There are also significant discrepancies, but since we do not know much about individual asylum officers, we do not have data on that. We do have some data on the various asylum office – I wrote about that on February 25, 2016. Take care, Jason
Hi Jason,
I have I-485 base on marriage GC since April 2019, I have been wating for combo card (advance parole) to travel back to visit my grandma who is dying because of serious sickness. How can I expedite my travel document or can I apply make an Infopass appointment and as for Emergency AP? Any advice would help.
thanks
The best bet these days is to call USCIS (800-375-5283) and request expedition. You can also submit a letter with the reason. If you also have an asylum case, you need to be careful about returning to the home country, even if you are now pursuing a marriage-based GC. Take care, Jason
Thank you very much for ideas.
A quick question: Trump Administrations are happily tightening asylum in all aspects, do you feel difficult to do your job? Have you ever thought that you are gonna do something else like to be a lawyer in other fields of law practices?
Thanks again.
We are not seeing the asylum grant rate drop too much for our cases, though it is difficult to tell – we can still win most cases, but not all. The population most affected by the recent changes are Central Americans, just because of the types of claim for asylum they make and the government’s efforts to undercut those claims. For me, such cases are probably only about 20% of my caseload, or maybe less, and so there is less impact than for other lawyers. As for quitting, I have thought about that for a while – since before Trump, as there are other non-lawyer things I am interested in. I still like what I do, though, and so I am not ready to give up the game just yet. Take care, Jason
Thank you for your opinions and numbers. People really need aids from a very experienced and confident immigration attorney like you. Your customers are more trusting in you than ever.
Just hang in there for a little longer😊.
Is it true that Houston office is tight approving cases or denial is more because of some other legitimate reasons? I was told by my lawyer that Dallas court is also very hard to get approval.
You can Google “asylum division quarterly stakeholder meeting” and find statistics on the different asylum offices. For various reasons – which I discuss in a posting from February 25, 2016 – those statistics are not super helpful, but it is the only data we have on approval rates. My experience with the TX office is mixed – we have only had a few cases there, and I recall one relatively weak case that was granted, and another, strong case that was denied (but was later granted in court in Dallas). Take care, Jason
hi Jason,
Thanks for the great help.
To renew a work permit with a pending asylum application what should I put for Question 25 of the I-765 form.
What should I put for “your current immigration status or category”
Thanks
If you have a status (such as F-1), but that. If you have no status, we normally write “asylum pending.” Take care, Jason
Hello Community.
Can someone confirm that, once your case added to the short notice list your case status changed from “Next Step Is an Interview” to “Application Is Pending”?
Thank you.
I have not heard about that, but maybe someone else has an idea. Take care, Jason
My case was added to the short notice list about a year ago. That was when you still could not check your status via the case status online tool. But since that option became available, it says “Next Step Is an Interview” for me, not “Application Is Pending”. I think the only way to find out is to request a written confirmation from that asylum office that your case has been added to their short notice / cancellation list. They may or may not acknowledge the request for confirmation, however.
“Next step is an Interview”; The next step in your application is an in-person interview. – mine case shows that too. Can you tell me your update please? i mean, what is your current situation? when did you apply? Did you got call from Asylum Office for interview, if yes then when? and whats time duration of your case?
Thanks!
I filed at the end of 2015, was added to the short notice list in June 2018, had my interview in June 2019, now waiting for the decision. That’s all I can say, sorry. Good luck with your case.
Does anyone know wich month interwievs for CHICAGO OFFICE BACKLOG???
If anyone from Chi backlog had interview recently or have interview invitation please let me know.
Thank you
Which office did u apply at
Thanks jason
Do you have an idea of how MCH are scheduled inf NYC? are they scheduled fast or slow? Can it take months again before the MCH is scheduled if transferred?
Chacha
I do not know, sorry. Maybe someone else here has an idea. Take care, Jason
Hi Jason
I am having a upcoming interview of asylum in asylum office. I came through visa and my agent files my visa. I didn’t get a chance to see my visa application because he filed electronically but i am pretty sure he filed some misrepresentation or wrong information about me. Is it ok to correct them during interview and explain the officer that agent filed that information? Does it will effect my credibility?
Thanks you jason
I think you should submit an affidavit stating what you know (or suspect) about the misrepresentations. It is much better to affirmatively give them this information than to have them ask you about it and then accuse you of trying to hide it. I would submit the affidavit in writing prior to the interview (some offices want all documents at least one week in advance, but even if you missed that deadline, you should submit it at the beginning of the interview). Also, how you approach this problem is important – you may want to talk to a lawyer about it for advice. Take care, Jason
Hi Jason, It’s my second comment about J1 waiver. I exchanged some emails with your office but didn’t get any reply when I was ready to apply for this.
So, I talked to another attorney. He said because I had State Department scholarship which falls under Fulbright scholarship so I won’t be eligible for no objection waiver. And he said in 35 years of his practice he only “heard” about one waiver of student who came on Fulbright under prosecution or hardship to immediate US relative. He says the only option for me is to wait for asylum interview which is pending for four years or go back to my country for two years which is not possible.
I have been devastated after talking to him because I have canceled almost all future plans even my girlfriend is confused about getting married because she is scared I’ll be sent back in future.
Is there any way your office can help? Or suggest me something. Thank you in advance
I do not do J-1 waiver, but my law partner Todd Pilcher does. I believe he has done Fulbright J-1 waiver cases, but you would have to check with him. This is a very busy time for us, but if you email him, he should get back to you. His email is TPilcher@DzubowLaw.com. Take care, Jason
Hi Jason. A question is presented please requesting your valuable comments.
A person is having his/her I-130 Petition in process, in removal proceeding already with MH ahead in 2020 And accused of misrepresentation/Visa fraud and legally entered USA with more than 2 years asylum pending. Does this law affecting the applicant ??
Regards
For purposes of the I-130, the previous (alleged) fraud may affect whether USCIS views the person as credible for purposes of the marriage interview. It may also affect how the case proceeds once the I-130 is approved – the person may need a waiver for fraud, or may have other issues. Take care, Jason
Thanks for your reply. But the person has not been accused yet and waiting for I-130 petition interview And feel like would be alleged of fraud during interview.( This issues was addressed and explained to Asylum Officer during affirmative interview session and AO said It is Fixed now). SO my question is Does this new law apply on the person If the person is alleged of fraud during I-130 petition interview? OR later during AOS in case 130 approves ?? Provided pending asylum and living in US almost 3 years ??
Please would be thankful If you answer this question.
I think the new rule would only apply if the fraud was related to getting the visa or entering the US, so the law would not apply if there was a fraud (or alleged fraud) on an I-130. Take care, Jason
Hi Jason, do pending asylum seekers face any problems while traveling domestically in airports? Thank you!!
As far as I know, it is fine – bring your ID documents (passport, driver’s license) and copies of your asylum receipts. Take care, Jason
Dear Jason! I have a question, my husband just finished his interview and after interview He and I signed a paper that we do not want to be dependents on each other case, and that we are no longer gonna be a part of each other immigration proceedings. Would you please clarify for me what does it mean? Does it mean that after we signed it we cannot file I-730 for spouse if someone of as win asylum?
Thank you!
I do not know why they had you sign that. But even if you are not dependents, if you are still legally married, and if one of you wins asylum, that person can file for the other spouse using form I-730. If you were dependents on each other’s cases, and if one person won, the dependent spouse would get asylum immediately. Take care, Jason
Hi Sisi,
My Son is 17 and he is travelling from New York to Text with school ID. So, they will ask you for ID, that’s it.
Hi Jason,
I have a pending I-730 petition. Currently, I have student visa and my visa will be expired in a month. I am hopeful to get a decision before it gets expired. In case, If i do not hear anything by then, does my stay considered to be unlawful presence?
I do not think that your stay will be considered unlawful presence because of the pending I-730. The I-730 is a petition for you, filed by the principal asylee, but it also acts as an application, since once it is approved, you will get asylum status. Whether you actually accrue unlawful presence once your student status expires, I do not know. But as long as you remain in the US until the I-730 is approved, it does not matter (unlawful presence only affects a person if they are here for 6 months or more and they leave the US – then they become barred from returning, but if you do not leave, the bar is not triggered). Take care, Jason
Very strong article. Thank you very much, Jason, for raising more awareness about the new era that we probably might be facing.
1- Does the new expedited deportation policy applies to pending asylees? Specifically for me (filed for asylum 6 years ago, conducted 3 interviews, pending decision, my original VISA which I used to enter through the airport has expired)?
2- You said this policy applies to an alien who committed misrepresentation. What is misrepresentation in this case? I know few asylees friends who have been referred to the court for misrepresentation like providing contradictory answers during multiple interviews. Is this a case that triggers expedited deportation?
3- How bad does expedited mean? Catch the person, dump him/her in a plane and kick him out of the country within a few days? Do they give a chance for homeowners, for example, to sell their property before they deport?
4- Do I really have to carry all that load of recommended documents wherever I go, utility bills, EADs, school records, copy of the passport… etc. Is it enough to make it available on Google drive so I access it through my phone once needed? Do ICE accept electronic copies of documents or they accept only hardcopies?
1 – It does not apply to you – you entered lawfully and have been here more than 2 years. 2 – We do not know, but the misrepresentation referred to would be a misrepresentation to get a visa or at the border, not an inconsistency or misrepresentation at the asylum interview. 3 – It could be hours or days, but a person cannot be removed this way without some evidence of citizenship or a travel document. Otherwise, the home country will not allow the person to enter. But if a person is detained under this process, they will most likely not be allowed out of jail, and so there will be no opportunity to wrap up their lives here before being removed. 4 – Yes, you can save it on Google drive or in an email. In your case, all you need is a copy of your passport (bio page), visa, and I-94, and your asylum receipt. There is really little danger that you would have an issue with expedited removal given your current situation (asylum pending). Take care, Jason
Hi Jason,
I have referred to the court last month in NJ NEWSRK and I have to move to NY because I got a new job . my first hearing court next month so could I move to NY without transferring my case to NY as you know the NJ and NY are so close
What is you advise please
TIA
You are required to change your address using form EOIR-33. Whether the Judge will automatically transfer your case, I do not know. Otherwise, you can ask the Judge to move your case if you prefer to be in the NY court, or you could ask to stay in Newark if you prefer that court. Ultimately, the Judge will do what he or she wants, and different judges do different things in this situation. Take care, Jason
I was admitted lawfully recently, but I could fall out of status pretty soon. I think I will also be categorized as undocumented ?
So that the expedited removal still applies to me ?
“Undocumented” is not a category under the law – it is a lay term with no legal meaning. If your status here expires, you will be out of status and you will start acquiring unlawful presence. For purposes of the above article, expedited removal does not apply to a person who entered the US with inspection, unless you committed fraud to come here. Take care, Jason
Thanks for sharing this Jason
I have a question. I was refered to Immigration court and my MCH comes up in Dec at Chicago Immigration court. I recently got a job in New York and will move to NYC by month end. Do I have to request that my court hearings (mch) be moved from Chicago to New York.? Will the chanhe of address and court affect my current date of MCH or will same date be made available at the NYC immigration court If transfered? What are the process you would advise?
Thanks
You have to submit a change of address form (EOIR-33). This may result in your case being moved, but the Judge may also keep it in Chicago. In your case, since you did not even have the MCH yet, it is more likely that the Judge will transfer the case to NY. You may want to file the EOIR-33 plus a motion to change venue to NY. That way, maybe you can avoid traveling to Chicago for the first hearing. Alternatively, you could try to keep the case in Chicago (if, for example, you have your witnesses and lawyer in Chicago), but the Judge may not allow that. If the case moves to NY, you will get a new MCH date. Take care, Jason
Hi Jason. I live in US 5 years, last year my asylum case was granted then i got refugee travel document and went outside and come back to US with no problem. Within 3 weeks I will apply for green card. So now I’m going to Europe for 12 days tourism purpose. Does this rule of expedited removal affect on me? Anything that I should worry about?
Thank you sir!
It does not affect you. Be careful about applying for the GC, though – you need one full year of physical presence in the US after you receive asylum. So if you left the US for 3 weeks, you should wait until 1 year and 3 weeks after asylum was approved before applying for the GC. USCIS is being very strict, and it is best to be careful. Take care, Jason
WOw!
Dear jason
Thanks for updating
What would be the affect for backlog
Is it good or bad
If ICE detains many people, and those people apply for CFIs, it will use Asylum Office resources, and this will likely make the backlog worse. I have a feeling that this policy will not result in large numbers of arrests, but we shall see. If it does, it will not be good for the backlog, and it will make it less likely that new, LIFO cases will receive fast interviews. Take care, Jason
Thanks