Acting USCIS Director Ken Cuccinelli is encouraging Asylum Officers to deny asylum applications and credible fear interviews by any means necessary. He is particularly concerned about our Southern border, where “an unprecedented number of aliens [are] overwhelming our asylum system.” According to Mr. Cuccinelli, many of these aliens are “ineligible for asylum and are attempting to enter and remain in the country in violation of our laws.” His latest strategy for rejecting asylum applicants involves a regulatory bar to asylum called “internal relocation.”
Under existing rules, where an applicant fears harm from non-state actors, Asylum Officers and Immigration Judges should determine whether the applicant can live safely anywhere in the home country–in other words, whether the applicant can internally relocate. If the applicant can live safely within her home country, she is probably ineligible for asylum. The burden of proof in “internal relocation” cases varies, depending on whether the government is the persecutor, and whether the applicant has suffered past persecution: According to the regulations—
In cases in which the applicant has not established past persecution, the applicant shall bear the burden of establishing that it would not be reasonable for him or her to relocate, unless the persecution is by a government or is government-sponsored.
In cases in which the persecutor is a government or is government-sponsored, or the applicant has established persecution in the past, it shall be presumed that internal relocation would not be reasonable, unless the Service establishes by a preponderance of the evidence that, under all the circumstances, it would be reasonable for the applicant to relocate.
This means that where the government is not the persecutor, and the applicant has not suffered past persecution, the applicant must demonstrate that there is no place in his country where he can live safely. How do you show this? First, according to the Board of Immigration Appeals, internal relocation must be “reasonable under all the circumstances.” According to the relevant regulations, “adjudicators should consider, but are not limited to considering, whether the applicant would face other serious harm in the place of suggested relocation; any ongoing civil strife within the country; administrative, economic, or judicial infrastructure; geographical limitations; and social and cultural constraints, such as age, gender, health, and social and familial ties.” An example from my practice would be a single woman from Afghanistan who fears persecution from the Taliban because of her political activities. Given the restrictive culture in Afghanistan and the generally high level of violence throughout the country, especially against women, it would not be reasonable to expect her to pick up and move to a new city.
Where the persecutor is the government, or where the applicant has demonstrated past persecution, the applicant enjoys a presumption that internal relocation is impossible. Under these circumstances, the U.S. government has the burden to show by a preponderance of the evidence that safe internal relocation is possible. An example of government persecution and internal relocation might be an Evangelical Christian from Eritrea. The government there persecutes people from “banned” religions, including Evangelicals. Since the Eritrean government controls the entire country, internal relocation is not possible. The situation might be different in a country where the government does not control all its territory. For example, an applicant who fears persecution from the Iraqi government might be questioned about whether she could “internally relocate” to Kurdistan, since that area has some autonomy from the central government of Iraq. In this example, there are restrictions on a non-Kurd’s ability to live in the Kurdish region, and so I doubt that the U.S. government could demonstrate that internal relocation is possible, but they might make that argument.
A more unclear situation exists where the asylum applicant suffered past persecution from a non-state actor. Here, there exists a presumption that internal relocation is not possible. However, given the Acting USCIS Director’s admonition, I imagine that Asylum Officers will be encouraged to look more closely at whether such applicants can live safely within their countries.
If you are concerned about internal relocation, what can you do? Whether the burden is on you or on the government, it is a good idea to submit evidence that internal relocation is impossible. This is relatively easy where the government is the persecutor and controls the entirety of the nation’s territory. In other cases, where the persecutor is a non-state actor, things become more complicated.
The “internal relocation” analysis is really a two-step process: First, is it possible to relocate within the country and avoid persecution? And second, is internal relocation reasonable under all the circumstances? Based on this framework, the first thing to do is to submit evidence that the persecutor can reach you anywhere in the country. Typically, that would be country reports or news articles showing that, for example, gang members or terrorists are ubiquitous throughout the country. The State Department puts out a crime and safety report, which is often helpful, especially given that the Trump Administration has white-washed country conditions in many of its human rights reports. Other helpful sources include UNHCR RefWorld, Human Rights Watch, and Amnesty International, to name a few. Of course, if you tried to relocate and the persecutor found you, that would also be important evidence.
If there are places inside your country where the persecutor cannot reach you, you can still avoid an asylum denial by showing that internal relocation is not reasonable. Such a determination is very country specific, but perhaps there is generalized violence that makes it unsafe to relocate, or maybe there are no jobs, or maybe there are cultural issues (like the single woman in Afghanistan). Some countries have laws that prevent people from relocating internally (like the rules in Kurdistan or the propiska in Russia). In other cases, a person’s age or health might make relocation impossible. Whatever the reason, try to obtain evidence in support of your claim.
All this brings us back to Mr. Cuccinelli’s latest pronouncement and his effort to block asylum seekers. He states that asylum would not be necessary for many individuals coming here “if they sought refuge within their home country, particularly given the fact that there are areas that are generally very safe within each of the countries that currently make up the bulk of our credible fear cases.” There is no factual basis for this claim, and in fact, it flies in the face of available country-condition evidence. It is also an insult to the intelligence and independence of the Asylum Officers tasked with implementing our nation’s asylum laws.
In this light, Mr. Cuccinelli’s closing words sound ominous: “The Asylum Division work is very important, and your dedication to the mission has not gone unnoticed.” Is this simply a tepid expression of Mr. Cuccinelli’s appreciation for the Asylum Officers working under him? Or–coming from one who seems determined to undercut the mission of the Asylum Division–is it a warning to those who have the temerity to do their jobs according to the law? At one time, I would have considered this a ridiculous question. These days, I am not so sure.
Jason, I think I’m in a lil bit trouble, and would really appreciate your two cents on my case.
My asylum was granted in May 2018 (thanks to you), I applied for I-131 travel document in April 2019, and I-485 in June 2019.
On the RTD app, I mentioned I’d be traveling on 10th August (a good 5 months after application sent in) , they never provessed it in time, and I had to cancel my plans including tickets etc. I then decided to visit family in 3rd country in last half of September 2019. My document hasnt come in, my expedite request was denied by USCIS, and the Tier-2 officer flat out told me,
“Asylees forfeit their pending i485, as well asylee status if they travel without RTD, and since you dont yet have it, CBP wont allow you in when you come back from your travel after 15 days. Also Since you’re traveling to meet family, I cannot grant your request for an advance parole since your case doesn’t qualify as an emergency such as death etc”
I feel her statement doesnt reflect USCIS rules. What do you think? In any case, I If I dont receive rtd by 15 september, I still intend to travel with my passport. Any tips?
I have never heard about a rule that says an asylee forfeits their I-485 if they travel without an RTD, but as a practical matter, if you want to travel and return, you need some type of documentation, and normally that is the RTD. So I am not sure how you return to the US without that. Processing times for the RTD have been slowing down, but I suspect you will get it soon. I would wait until you have it before you travel, as you do not want to get stuck outside the US (or if the RTD arrives after you leave, maybe someone can bring it to you so you can re-enter the US, but there is a risk here if the RTD never arrives or if it does not get to you overseas; you can minimize the risk by having someone scan and email you a copy of the RTD before they bring/send it to you). My preference is that you wait until you have the RTD, but if you want to take the risk, hopefully, you will be able to get it before you want to return here. Take care, Jason
Scanning is a great idea. Perhaps I can leave my mail key with a friend, and once I recieve notification that RTD was delivered, my friend can access it and send me a scanned copy. Alternatively, if it comes to traveling without RTD, I’ll try to ask USCIS to send to a 3rd country embassy instead of my address in the US. Thank you!
Scanning it is smart because it provide a layer of protection (if the original is lost, you can take the scanned copy to a US embassy and hopefully, they will help you). But you will need the original RTD to board the plane and re-enter the US. Take care, Jason
Hi Jason,
Have you seen or have any idea of how the Asylum denial rates have been for Venezuelans? I know this a case by case basis, but in Venezuela if you are against the government, you either die or get tortured.
Also, my asylum office is Houston, I applied on sept. 2017 and haven’t gotten a word from them, when do you think I may be called for an interview? a friend from Venezuela applied on november 2017 and already got approved on december 2018.
Thank you for all you do for us the Asylum seekers.
If you Google “Asylum Division Quarterly Stakeholder Meeting”, you can find some statistics that will give you a general idea of grant rates at each office. I do not know of a website that show such data by country (maybe TRAC Immigration would have some data like that, but I have not seen it there, except for immigration court data). Otherwise, you are right that is varies by case (including how well the case is prepared). Many Venezuelan cases are strong, but not all. As for the time frame, that is also unknown. However, Houston is not moving quickly (based on the latest info – I did a post about that on June 12, 2019) and I suspect they are not making any progress on old cases. Your option is to try to expedite. I wrote about that on March 30, 2017. Take care, Jason
Hi Jayson
I hear from my friend that all the application filed in 2015 are done by USCIS and now they started working on 2017 or 2016 cases. Is that right?
And what about SF asylum office? They are working on backlog? Is there any update about scheduling interviews of 2016 application?.
That is not correct. Also, the backlog varies from office to office, and so some offices may be done with 2015 cases, but many still have pending 2015 cases. I am not sure about SF, but I posted the latest data I had on June 12, 2019. Maybe that posting will help. Take care, Jason
Any updates on newark asylum office?which month are they interviewing from backlog
Newark is doing some backlog cases, or at least they were last time I checked. I do not know what month they are working on. Take care, Jason
Dear Jason,
Thank you as always for your blessed effort to help us! I am an asylee and my EAD renewal was recently denied. The reason I received was my clock stopped. When I checked my asylum application status it says clock stopped because I didnt show up for biometry which is not correct. I did my biometry on time in 2017 and I have the paper with me. My current EAD will expire soon and I will lose my job and everything. Whats shall I do please? Shall I reapply for my EAD and in the meantime ask USCIS to correct my biometry information? If so, could you please advise me how/ who I shoud ask to correct the biometry information? Shall I go to the office I took biometry with the paper they gave me after I did my biometry and ask them to update my data?
Thank you so much Jason!
CHGREGN, are you an asylee (granted asylum) or an asylum applicant? These are two different statuses.
Asylees are not required to have an EAD. Asylum applicants are required to have one.
BTW, what does the clock have to do with someone who was already granted asylum? Is this something new?
Thanks Jamie! I am asylum applicant.
Jamie also makes a good point – if you already had an EAD, there should be no issue with the clock, since it already reached 180 days (otherwise, you would not have an EAD in the first place). Before you take the actions that I wrote about, maybe double check the denial letter to see why it was denied – maybe you made an error on the application. If not, call USCIS first, as the mistake likely does not involve the asylum office (unless somehow they caused the clock to go backwards). Take care, Jason
Hi Jason,
Thank you again for your advice on the above issue! I checked with my uscis asylum office and they corrected the information ( now my asylum status show it has been pending for more than 600 days). I have applied again for EAD renewal ( previous application as I explained above was denied because online status was showing my application has been pending for less than a month which didnt make sense). I also made infopass appointment with local uscis office to discuss about the issue ( that the rejection was due to error from uscis). Since I now have a new receipt number from my new application, do you think there is any benefit going to the local office? Will it be a problem if I tell them that I applied again and have a receipt number? Will they be able to facilitate my current application because my EAD will expire very soon? Thank you Jason!
If it is not too much trouble to go, and if you already have the appointment, I would go – maybe you can tell them about the delay and how it was a USCIS mistake (of course, say this politely), and maybe they can expedite the EAD for you. If you don’t go, it sounds like you are on track, but maybe you can get them to move faster if you go. Take care, Jason
ChGREGN, I dont understand why you need to do biometric at the first place. Because I am in the same situation as you and they renew my work permit in 4 months and USCIS didnt request me for any biometric. I don’t know if you case is different from me. Mine is pending asulum [applied in June, 2016 and waiting for interview aka pending asylum]
This is another good point – maybe he accidentally wrote on the I-765 form that it was a first time EAD and not a renewal? Chgregn – maybe double check whether you did that? Thank you, Jason
Thanks SCOPA! My case if also the same except that some home my status shows I didnt take biometry which is not correct. I did biometry in the exact time I was asked to do.
This is very unfortunate – we are seeing more and more mistakes from USCIS. I would do two things: First, contact the local asylum office or go in person to see whether they can assist. You can find their contact info if you follow the link at right called Asylum Office Locator. Second, call USCIS to see if they can assist – the phone number is 800-375-5283. Once you go through the options, you should (eventually) be able to talk to a person and see if they can help. Going to the place that took the biometrics is not helpful, since they only take the biometrics and do nothing substantive. I would try these options before you re-apply or appeal, and if those options don’t help, you might seek assistance from a lawyer. Good luck, Jason
Thank you Jason! God bless you!
I have question !
Do they stamp my passport with the advance parole ? And if yes what does it say pending asylum ?
You should receive a paper with your photo on it. The paper acts as a visa. When you arrive in the US, I think they stamp your passport indicating that you were paroled in, but I am not sure about that. Take care, Jason
Hi Jason, i want to know – if any pending asylees family members is here like his siblings and parents and who already citizenship(through DV Lottery). His sister lives here 18 yrs and his parents lives almost 12 years in the USA but his sister already applied for him its been 8 years. if his parents apply for him now is there any possibilities to get a GC? or is there any way that might help his pending case from this family petition application? it’s been 3 years he is waiting for his first interview. However he is single and 30 years old and he has masters degree from his backcountry. He is really upset with all these situation cos he had never intention to come this way and submit the asylum application that’s why he took the chance two times. He went back his country, he thought everything will be okay but in reality situation was worst. His life was threatened. Then third time he came here and applied for asylum. He is really upset and depressed about this situation. If you have any suggestions or advice please help him. He is from NY. and is that good idea if he wants to visit Canada? actually he wants to go for Hajj in saudi arabia? He wants to go badly in saudi arabia for his metal peace. and one more thing i want to just let you know, his girl friend in Canada for study purpose. She came here through student visa for 3 years. Please help us if any advice for us. I am also a pending asylee, waiting for interview. Thanks in advance.
I wrote about family-based petitions on August 28, 2018 – maybe that would help. He can apply for Advance Parole, and if he gets that, he can travel (as long as he does not go back to his country). I wrote about that on September 11, 2017. He can also try to expedite the case, especially if he has a health condition (including mental health issues, like depression and anxiety). I wrote about that on March 30, 2017. As for the girlfriend, maybe if she is Canadian and marries her, he can get status in Canada, but I do not know the rules there, so if he is interested in that, he should talk to a lawyer in Canada. Take care, Jason
If someone has AOS pending and asylum case pending ! Can he paroled based on AOS since it’s easier to get advanced parole based on AOS
If he is eligible, he can. For example, if you are filing to adjust status based on marriage to a US citizen, you are likely eligible for a work permit/advance parole document. If you return to the home country, though, it could raise questions about whether the original asylum case was fraudulent. Other than that, it should be fine for travel. Take care, Jason
Hey Jason,
You know how an asylum application is considered a bona fide relationship to the US, and thus such a person does not accrue unlawful presence as the application is pending? My question is if one was in the US on a b-2 visa and ended up filling for adjustment of status, does this person accrue unlawful presence if they remain in the US past their allotted b-2 date even though they have a pending adjustment of status application? Or is the adjustment of status application considered a bona fide relationship like an asylum application is?
I don’t remember the rule on that, sorry, but for most applications, if you file before your status expires, you do not accrue unlawful presence while the new application is pending. What I am not sure about is, what happens if the application is denied. I do not know if unlawful presence is back-dated, or if it starts accruing on the day of the denial. You might want to have an attorney double check that if it is an issue for you. Take care, Jason
So jason are you saying if you had a b2 visa Nd filed before your 6months stay expired and got a referal to court that does not count as unlawful presence?
That is normally true, but without seeing the case more specifically, I cannot know for sure. Take care, Jason
Hello Mr Jason , Thank you for always believing and helping us. I have a question. My asylum has been approved. How many years after this can I apply for citizenship? and lastly what are the rules as far as holding a green card and not leaving the country for a certain time to be able to apply for Citizenship? Let’s say I do want to go on vacation for a few weeks every other year. will this affect my eligibility? THANK YOU AGAIN.
You can apply for a GC one year after receiving asylum. Once you get the GC, it will be back-dated one year (so if you get it today – August 7, 2019 – it will be dated August 7. 2018). You can apply for citizenship 5 years after the date on the GC (and you can mail the form 90 days early). There are many requirements for citizenship – you have to check the N-400 instructions, available at http://www.uscis.gov. However, if you leave the US for a few weeks each year, that would have no effect on a citizenship application (trips that are 6 months or longer, or if you spend more than 50% of your time outside the US can affect the application). Also, note that if you have asylum and want to apply for a GC, you have to have one full year inside the US – so if you leave for 2 weeks, you have to wait an addition 2 weeks to apply for the GC (in other words, you would apply for the GC 1 year and 2 weeks after you won asylum). Take care, Jason
Dear Jason , I have a question . Is there a USCIS page where it shows the countries that accept the travel document and those who do not ? Thank you.
It’s a good question. I think the US government does not have such a page, and I am not sure if there is a reliable page from some other source that lists all the countries. Some embassy websites have info about this, and if not, maybe it is possible to contact the embassy to ask. The problem is that the embassy may have a different opinion than the people at the country’s border. For this reason, even if you do not use it, it is a good idea to have your passport with you as well, since at least other countries will know what that document is. Take care, Jason
Hello Everyone,
Recently, my petition (I-730) has been transferred to my local office. Anyone knows how long does it take to be called for an interview? I am in the US as the beneficiary of form I-730.
I am not sure. but maybe someone here has an idea. I will say that for the I-730s we have done, there is a wide range of wait times – from 4 months to 1+ years. Take care, Jason
Hi Jason,
I hope all is well. Do you have any idea how long would it take for Ombudsman to reach out to USCIS about the pending decision?
I emailed them last like 9 days ago so was wondering if there is a timeline.
Hi Jonson , thanks for helping the community.
I have a question, what if the government change on my country , if I can go and return safe or what you think?
All the best
If country conditions change and it is safe for you to return, your asylum case will likely be denied. There are exceptions (for example, “humanitarian asylum”), but generally, if there is no danger for you in the home country, you cannot receive asylum. Take care, Jason
I am not sure – maybe 3 or 4 months is a reasonable guess. Take care, Jason
Hi Jason and every one on this blog.
I just want to share my timeline for i730 filling for my husband.
Applied on 17 September
Request for expedite twice but was denied
3rd expedite approved April 16 2019
Case sent to Nvc on june 10th
Case sent to home embassy on 30 june
Recieve interview package on july 9
Interview on july 31 was approved
Pick up visa on aug 8
Question
1) I was suppose to apply for my green card this aug 21, and by then my husband will be here. Is he gonna file for his GC too or he has to wait for a year as I did.
2) Since my husband is the derivative is it safe for him to travel any time back to my country where I fear persecution.
Thank you Jason
I wish any one still waiting that God will definitely make a way. Keep trusting in him
Hi
Could you please say , what was your reason for expedite and How did you do that?
Did you call them?
Thank you for your respond
Yes I emailed them my evidence for expedite, then called to follow up.
1 – He has to wait a year from the date he arrives here. 2 – It should be. He should be prepared to explain why he traveled back and how he stayed safe (and that he is the derivative and not the principal) in case anyone asks, but it should be fine. Take care, Jason
Hi Hopfan,
Interesting to read your success ! I applied recently (July 25) for the same process. Which office you filed the petition? How do you request the expedite ? Is there a form or process to request for expedite? As to me, my asylum was granted through the expedited process, can I refer those same situations for i730 petition?
Thanks,
Sambod
Hi Jason,
I applied for adjustment of status to permanent resident and I recently received a letter from USCIS stating that the fees will be refunded but the refund does not affect the processing or location of my case. Is there any reason to worry? I don’t understand.
Thank you,
I am not sure what that is, or why they say fees will be refunded. Based on what you write, it sounds like the case will continue processing, so hopefully, everything will move forward even if you get your fees back (which is strange – I have not seen that before). Take care, Jason
Hi Jason,
I contacted my congressman to intervene in my case. a few weeks back we got a reply from the Chicago office that my asylum application is pending security background checks. Today, we got an update from the asylum office stating “your application is in the final stages of processing, however, the dependent (his wife) must appear for fingerprint verification in Cleveland”. Have you ever had this scenario before? and do you think this is a positive sign that we will get a reply soon? I heard that when they request for second fingerprint its a good sign and we can get a reply after the second fingerprint has been submitted.
Thanks for your usual support.
Hello Jason and others,
I have a pending petition (I-730) for many months with USCIS. Today, I checked the status online and it says “Case Was Received At My Local Office”. What does this mean? Do you think I am close for an Interview? I couldn’t find the exact petition processing time on the local office website. Anyone else has the same experience?
If you are in the US, it may mean that, but it is probably not easy to predict when the interview will actually be. Also, I do not think the local offices have processing times for the I-730 forms. You have to check the Service Center, which is not completely accurate, but it is the best info we have. Take care, Jason
Hi Jason,
I contacted my congressman to intervene in my case. a few weeks back we got a reply from the Chicago office that my asylum application is pending security background checks. Today, we got an update from the asylum office stating “your application is in the final stages of processing, however, the dependent (his wife) must appear for fingerprint verification in Cleveland”. Have you ever had this scenario before? and do you think this is a positive sign that we will get a reply soon? I heard that when they request for second fingerprint its a good sign and we can get a reply after the second fingerprint has been submitted.
Thanks for your usual support.
It may signal that a decision is coming. Maybe there was some issue with the first fingerprint appointment that held up the case and so they need to do it again. Good luck, Jason
Hi ASLEE
Could you share your experience with the congressman. How did you you do it.
Thank you
Hi Wendy,
You can find your congressman at https://www.house.gov/representatives/find-your-representative.
when you find one you can email or send a regular mail requesting him/her to assist you in your case. My congressman responded within two days and he contacted the office on my behalf. I must say my congressman has been very helpful. Ever since he stepped in, my case has been moving forward. Hopefully, I will get a decision soon. let me know if you need additional help.
Hi Jason!
I’m frequently reading your articles and other sources but I couldn’t find an answer for my situation.
I’m derivative on my wife’s asylum claim which was sent to court to “asylum-only” proceedings because we are from the countries that have visa waiver program.
I’m not too familiar with “asylum-only” proceedings as it’s not removal or withheld of removal it says asylum only.
We are planning to divorce because marital issues.
Does that mean I can’t adjust status in any other way?
One would be filing my separate asylum application and the other is to marry USC partner.
I’m just wondering if I would be eligible to file petition through USC spouse.
Came on visa waiver 8 years ago, overstayed.
It sounds to me like you would be eligible to file for a GC based on a new marriage. I wrote about this issue (marrying a USC) on August 2, 2018. Given that your case is in court, I think that you need to consult a lawyer about how best to proceed, and to make sure there is not some limitation placed on you because you were in asylum only proceedings (I think there is not, but it is better safe to research the issue to be sure). Take care, Jason
Hello Jason,
I would like to ask and get an advice from you. I was granted asylum in 2017, I have already my green card. In my family we have a very difficult situation, she has cancer and I want to travel to my country from which I was granted asylum. Upon my return I am going to show proofs that shows that I am telling the truth and the only reason I return is family circumstances. Do you think that these proofs will help in case that the officer won’t allow me to enter the county.
Thank you very much in advance!
I think it is a good idea to get evidence, but I doubt that you will be blocked from entering the US when you return. You should be prepared to explain the return trip – why you went and how you stayed safe – but this issue is more likely to come up when you file for citizenship than when you return from a trip overseas. Even so, just in case, have the evidence and explanation ready. Take care, Jason
Hello Jason
I’m on granted asylum status. Please can I invite my mom and siblings to United states through B1-B2 tourist Visa. Hope it will not affect my green card when the time comes.
You can provide an invitation letter, which may help them get a B visa. It may or may not help them get the visa, but it should have no bad effect on your status. Take care, Jason
Hi Jason,
Thank you for your work and all you do for this community.
My dad applied for asylum in 2017 (with my mom as his dependent) and his case is still pending. My dad recently got his green card through a different application. My mom’s case is still pending. Can my dad withdraw his asylum application now or should he wait for my mom to get her green card to avoid her being referred to the immigration court?
Thanks again.
If your mother cannot get her status based on your father, he should either keep his asylum case going and try to win, so she can get status, or your mother can file her own asylum case and become the principal applicant (assuming she has a fear of return). If he withdraws his case, she will lose status, and with no status to go into, she could be sent to court. If he withdraws the case, she needs to file her case as soon as possible, due to the one year filing bar (I wrote about that on January 18, 2018). Maybe the easiest option, considering the lengthy backlog, is to keep his case going, and in 5+ years when he becomes a US citizen, he can file for your mother. Another option may be for her to leave the US to get her own GC based on his GC. I wrote about that on August 28, 2018. Take care, Jason
Thank you so much Jason for taking the time to respond to my question.
My mother is currently have a pending I-485 application (applying as the parents of U.S. citizens where the U.S. citizen child is over 21 years old). My question is whether withdrawing the pending asylum application, on which she is a dependent will put her at risk of losing status and being sent to court. The main applicant on the asylum case is now have a green card that was obtained as the parent of a U.S citizen.
I doubt there would be a danger for this, but it may be better to wait until she has the GC and then withdraw the case, unless there is some reason they need to withdraw the asylum case. If anyone else is a dependent on the case (such as her child), they will either have to file their own asylum case or find another way to stay. Take care, Jason
hey MADY, if you don’t mind can you explain it ” My dad recently got his green card through a different application” please. What is the process and how he got that? Thanks
Hi Jason and the asylum community,
I have been frequently checking my cases/petitions status online. However, something is very strange with the online case status. Nothing is shown and it says “my case” and nothing else. Is it a glitch with my status or others have experienced this one as well? Anyone can comment on this and I would very much appreciate it.
Thanks
Try a different browser if you haven’t. I had the same problem in Safari recently, but it worked in Chrome and Firefox.
Lucky you Asylee!!! lol
it says only “My” when I check the status online.
You can try to call USCIS to inquire about the case status – their number is 800-375-5283. Take care, Jason
I am having the same issue. It’s not recognizing my application number.
hi Jason
i have question sir my situation getting worst i had my interview on 22 august 2018 in chicago office but still there is no decision i have sent two inquiries but still the same answer i have called them last time they said make an appointment and speak with your supervisor how an i do that ? and do you think its work! im from iraq my health situation is bad too i have problems with my tommy and my shoulder i have paper from the doctor shows the problem do you think i should grab it with there thank mr Jason
You can visit their website – there is a link at right called Asylum Office Locator. There you can find an email and a phone number. I have not called any asylum office in years, as that seems never to work, but you can try – maybe you will have luck. You can also email them evidence of your health issue and a request to expedite the decision. It would help if you (or your doctor) can explain how finishing the asylum case would help improve your health. You can also go in person to try to talk to someone. The last resort is to file a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Hello Mr. Jason, how are you?
I sent an application for travel document (I-131) on the first week of July. It’s been a month and the only thing I received was an I-797C saying that they received the application. When am I going to get an appointment for biometrics?
Also are they going to use the picture they take at biometrics on my travel document?
Thanks
Usually, the biometrics appointment is less than 2 months after filing. In some cases, they may not need biometrics, though I am not sure. They should use the photo you mailed them, and not the photos they take at the biometrics appointment (I think). Take care, Jason
Hello,
They didn’t require photos from me. It says that only people applying outside of US have to send photos. When we were giving fingerprints for our asylum application, they took pics of us and they were used on our EADs.
But I didn’t know that biometrics appointment is 2 months after filing. Thank you!
Hmm – Maybe I need to re-read the instructions. I just have been doing it the same way for years, and since it works, I have not changed. As for biometrics, it is usually less than 2 months – often it is about one month. Take care, Jason
hi Jason and everyone
I got a share with you my timeline
I apply Septembre 2016
Jun 2017 first work permit
apply renewal march 2019
request an expedited interview on May 2019
on July 2019 got approval for work permit also schedule interview on
August did my interview
so when i suppose to expect decision also from my perspective the officer was so nice and it well great but we never know
just crossing my finger hope A fair and great news behave on my case
thank
from your brother asylumist
The wait time for a decision is not predictable. Good luck, Jason
Hi Jason,
Thanks for everything you do for the community!
I requested to expedite an I-485 application and USCIS sent me a letter stating that they need additional document .
Can I attach and email the additional document ?If so,which address?
thanks
If they asked you to email it, you can. Otherwise, I think you have to mail the info to them. I have never emailed USCIS to submit evidence, and so I do not know about that. The request for evidence should contain the address (email or snail mail) where they want you to send the additional evidence. Take care, Jason
Good luck on your decision Asylumko. Could you please tell me in which office you applied and what was your reason for expedition. Thanks
Hi Jason!!
I have Asylee status and I have Travel Document and I-485 pending. Do I need AP to travel abroad (applied and waiting for it) or Travel Document is sufficient? My friend just told me I don’t need to wait for AP and my GC won’t be abandoned if I have Asylee status and Travel document, is that true? Thanks!
NONI, the purpose of a refugee travel document (RTD) is to allow asylees and refugees, or permanent residents who acquire PR status incident to asylum (granted) or refugee (admitted) status, to travel abroad and return to the US. In addition, the document acts like a passport: It is accepted by many countries, though some countries require a visa along with the travel document, or an actual passport, in lieu of a passport. Further, RTD is an international document that shows protective status. On the other hand, advance parole (AP) simply allows you to be paroled back in the US after your trip abroad. AP cannot be used in place of passport to enter any country. You must have a valid passport. You don’t need an AP. I doubt USCIS would give you one, anyway.
My lawyer said I needed one because of the I-485. Just want to confirm my GC won’t be abandoned.
As long as you appear for any scheduled appointments, and you have the valid RTD, you should be fine. Take care, Jason
NONI, many immigration lawyers, though they are probably experts at immigration law in general, are actually not knowledgeable about asylum/refugee laws/policies. Your lawyer is treating your green card application like you are being petitioned for by a US relative/spouse. You already have a status- though you are not yet admitted as LPR- so there is no need for an AP. Plus, the RFT acts like an AP and a passport. That’s why only refugees, asylees, and LPRs who acquire such status based on refugee/aylum status, can use an RTD.
Hi jason and thank you for everything. Please jason iam in situation that please really need your advice.May had an interview but was well so we are scheduled for court 2020. So the lawyer told us that my husband have less chance to win the case that me i can maybe have because of the situation in my country.But my husband can be deported. So because he fear here and he fear the situation in my country and having some matrimonial disputes, he left when to canada leaving me and children alone.now he is the principal in the case .please jason should i be present at the court without him or please what should i do? Please help.thank you
You can present your own asylum case if you are in court. If you have not done so, you need to file your own asylum form, I-589. You should do that as soon as possible, since you may have a one-year bar issue (I did a post about that on January 18, 2018). There are exceptions to that rule, including that you were under his asylum case. But once he left, you are no longer under his case and it is important to file as soon as you can. Otherwise, you can present your case, and if you win, you will have asylum and – if you are still married and want to do so – you can file to have him come to the US based on your asylum. That may be complicated if he has a deportation order, so he may want to seek voluntary departure from the judge. This can be tricky, since he already left, but the lawyer can ask for that, and if he can get it, it will make it easier for him to return. Take care, Jason
If you have a valid Refugee Travel Document, you can travel with that. You do not need AP. Take care, Jason
Hello Jason,
Is a medical report saying
that someone is in the hospital without saying what is suffering for enough for applying advance parole or the Dr has to specify why he has been admitted in the hospital.
Thank you
It is probably better to specify and to stress that the condition is serious. We once had a request for AP denied where the USCIS said that the person’s condition was not so serious since the doctor listed her as “stable”. That was one of the most idiotic decisions I have seen from USCIS (and I’ve seen a number of idiotic decisions from them), and so you want to have the doctor emphasize that the condition is serious. Take care, Jason
Hi, Jason. May I follow up how long it took for the person to receive the denied decision from USCIS ?
And seeing what you say, I am kind of worried. I feel their medical AP’s bar is pretty high. It seems anything short of life-threatening won’t qualify for an AP……I have a gender confirmation surgery scheduled overseas, it is certainly not a “life threatening” situation in many (cisgender) people’s opinion.
How do I convey the importance of such life-changing surgery to USCIS officers ? I guess my worry is I just don’t know how much the USCIS staff know about all the LGBT-related issues and subculture and its impact. Should I include materials to fill the knowledge gap first with my application for AP ? Should I assume the officer adjudicating my case knows nothing about all these issues and I should just be very comprehensive ?
I do not recall how long it took, but we have had less strong cases approved, so I think there is an element of luck (why they just can’t approve all such requests to travel, I do not know). In your case, maybe if you had a letter from a professional explaining the importance of the procedure, that might help. Or if you cannot get that, you can write a letter explaining why it is important. That should (hopefully) be enough. Take care, Jason
Thank you Jason
Hello jason!
I have a questions, my asylum is still pending i am waiting for my interview to be scheduled since August 2015( sf office)
1) how long is it going to take for me to get scheduled
2) i am planning to travel outside the United States, i applied for advance parole, yet my passport has already expired, will i get the travel document with the advance parole? Or how does it work? Can i just travel world the advance parole or i’ll need a passport or travel document, i cannot renew my passport
I think you need a valid passport to be able to travel with an advance parole. When did you apply? Did you get a feedback?
1 – No one knows. I think SF is not currently reducing their backlog (I did a post about this on June 12, 2019), and so I would not expect an interview soon. 2 – The AP allows you to re-enter the US, but it does not act as a passport. You would need to get a new passport from your country, and since you are seeking asylum from your country, that could have a negative affect on your asylum case. If you do not fear your government, but instead fear terrorists or other non-state actors, this should not be such an issue, but if you fear the government, it is a bigger problem, and you will probably need to explain why you got a passport and why the government was willing to give you a passport. Take care, Jason
Hi Jason,
– What is the best way to know when you will be scheduled for interview? I am pending since April 2016!
– I am holding a master degree and working professionally, can I apply for Employment-base Immigrant visa ? How can obtain Labor Certification?
Thanks
There is really no way to know. I did a post on June 12, 2019 where I discuss how the different offices are dealing with their backlog. Maybe, if you know other people who filed around the same time as you, and if they get scheduled, that may mean that you will get scheduled too, but that is really not clear. As for employment-based immigration, I wrote a post about that on August 28, 2018. Take care, Jason
Hi Jason,
How long does it usually take to get biometrics appointment after you got q receipt of I-485 adjustement of status?
Regards and thanks a lot,
Usually a couple weeks. Take care, Jason
Do atheist women from Saudi Arabia have a strong case to get asylum?
Maybe, but it would depend on the case – does someone want to harm the person for being an atheist. Have they left Islam and are now considered an apostate. Such cases are more difficult to win than a case where the person converted from Islam to Christianity, as the conversion case is easier to prove (get a letter from the church) and fits more neatly into the asylum framework (persecution on account of religion). Atheism is harder to prove and does not as neatly fit into the “religious persecution” category. One approach is to argue that the persecutor views the atheist as an infidel, and so it is persecution based on imputed religion. Take care, Jason
Hello Jason, i am from Iran and i have several friend from my country here all of them included me changed our religion from Islam to Christianity but some of us got approval and some of us like me got referral and and all of us had same document from the church and something else what was the problem about failing and approving?
thank you so much.
In my experience, if the decision-maker believes your conversion is genuine, you should have a good chance to win asylum. But if they think it is fake, you will lose the case. Maybe you need more evidence of your conversion, such as letters from people who know about it, photos of your Baptism or participation in church activities. You should also know about church doctrine, hymns, etc. The more evidence you have, the better your chances for a grant. Take care, Jason
yes you are right but its up to chance too and also up to who are officers and judges,
Thank you so much.
Hello Jason,
Thanks for the consistence reply you are giving to everyone of us here.
A friend of mine won his asylum in 2017 and now he traveled to a third country to see his family which is home country has his embassy in that country, he wanted to see if he can renew his passport in the embassy but his fear is that is there a way USCIS will know that he did that through his biometrics according to him he wont be using it but he just want to have it.
Thanks Jason.
I doubt they would know, especially if he never uses it, but they might, as I do not know what info countries share. The potential issue is that, if he claimed that his home government wants to harm him, why would that same government issue him a passport. I doubt it would cause him trouble, but these days, you have to be extra careful. If he does not plan to use the passport, maybe he is better without it, but that is up to him. Take care, Jason
Dear Jason:
Greetings!
Thanks for such informative and helpful information for all of us.
Dear Jason, what do you think about Afghan cases for male category? You may know well that relocation is totally not working for people in Afghanistan since the situation in my country is more than worse. Please give me an advice about Afghan cases in regards to this article.
In general, internal relocation within the country has not been a problem for our Afghan clients – First, most of our clients fear the Taliban, and there is significant evidence (news articles, country reports) that the Taliban can be found everywhere in the country. Second, Afghanistan is not like the US. If I want to move to Chicago, I can move. In Afghanistan, even a single man cannot easily relocate. People will notice him – Who is he? Where is his family? Why is he here? This will potentially attract the attention of extremists. Finally, you need to be able to work and live. In many parts of Afghanistan, that is simply not possible. I do think it is a good idea to include evidence about why internal relocation is not possible in Afghanistan, and we do include that in our cases, but we have never had a case rejected due to internal relocation (so far). Take care, Jason
Hi, Jason. Experienced the same. Deffered to Immigration Court after interview on March 19. Officer just said that all is good in Ukraine. Have few question where in US is most open-minded judges? I’m lost with this negative attitude to any kind of asylum seekers from Immigration Officers. Thanks Jason for your activity.
Kind regards, Vitalii
If a judge decides to deny you, there is no shortage of excuse, no matter how legitimate your asylum claim is.
Depending on the basis of the asylum claim, Ukrainian cases can be tough, given that some places are very unsafe and others are safe – internal relocation is a big challenge there, and you need to do your best to show why you cannot live anywhere in the country. In terms of good immigration courts, Google “TRAC Immigration” and you can find a website with statistics on the various courts. While some courts are better than others, unless there is a basis for the claim, most judges will deny, so you have to work on that as well. Take care, Jason
Hi, Jason.
I want to ask a question. My asylum case is based on sexual orientation and gender identity. In my home country, it’s not illegal by law but the government doesn’t offer protection to people like us either. My case can be described as “individual persecutors + governmental inaction”. My family members have the potential to send me conversion therapy against my own will and there is nothing that I can do to stop it even if I call the police because the police largely will side with my family members, thinking I need therapy. Could USCIS deny such case because “it’s just domestic violence and the persecutors are not the country”. According to what I know, many USCIS/CBP/DHS staff don’t really take such persecution seriously.
I applied for asylum based on sexual orientation too and was granted. I was asked this question about relocating in my country of origin. I explained to the officer, doing that would just be delaying the inevitable suspicions by persons within a community. A single man in his mid 30’s, no children, not married, no girlfriend is a big red flag. When thugs in that community start making death threats or cause potential physical harm, I would have to up and leave again and start all over. Not only is that harmful to your life, but it causes severe instability: you have to try and find a new job, worse if you just started working at your last location, you can’t get references, because your previous employer might end up knowing why you left.
Also, the stress of not being out and the fear that comes with it. You are always hiding and pretending. How long are you expected to do that for? Until the country comes to it senses? Uh uh, I have a life to live.
You also have to contrast this with the life you now live if you managed to escape. This is where the power of friendships and potential lovers might come into play. Luckily a friend I made in Canada in the Gay community’s and a guy I went on a date with letters of support really seemed to help; along with your country condition report; especially if the country is world renowned for its homophobia and your lawyers preparation; your ability to recall your life experience describing your sexual orientation.
One of things my lawyer pointed out about my testimony during my interview was my recollection of my own story of figuring out my sexuality he thinks played a vital role.
The USCIS officer likely has all the info on your country, they just want to know and determine if you are really gay. One last thing, the asylum office of the adjucator can potentially play a big role in your decision.
This is good advice – Thank you, Jason
Thanks for your advice. Very sincere and heartfelt. “How long are you expected to do that for? Until the country comes to it senses? Uh uh, I have a life to live.”. I got so many feedback from the cisgender heterosexual people in my home country saying I need to come to an agreement with my family members and wait patiently so that they can understand this. But like you said, people have a life to live. We are not supposed to wait for somebody and put our own life in suspense. And to be fair, these people (the ones give such “advice”) are generally ill-intentioned anyway. ~
In my experience, LGBT cases are usually quite strong, and internal relocation generally has not been an issue because the persecution exists throughout the society. That said, in a case like yours, you would want to provide evidence about why you cannot relocate in your country – maybe your family get reach you anywhere, maybe the police will harm you or force you into conversion therapy, maybe sexual minorities are persecuted or face discrimination everywhere. One resource for LBGT cases is Immigration Equality. I have not checked the website in awhile, but they should have a list of countries and evidence for each country about conditions there for sexual minorities. Such evidence can help proving country-wide persecution and/or unreasonableness of internal relocation. Take care, Jason
Thanks Jason. I definitely would take that in mind and check out the immigration equality site.
Jason,
What if I was persecuted by government because of posts in the internet. Posts contained expression of my political views. Can my asylum claim be denied by officer who suggests to stop online activity?
That would not be a valid basis to deny the claim. Under the asylum law, you are not required to change your political opinion (or religion) in order to avoid persecution. In such a case, you should be eligible for asylum. Take care, Jason
Hi Jason,
do you think he is willing to change the LIFO to FIFO in order to do backlog cases?
thanks
Ken Cuccinelli? I do not think so. The Asylum Division seems to believe that LIFO is deterring some number of frivolous cases (or at least this is what they say publicly), and so I doubt they will change back to FIFO any time soon. Take care, Jason
Dear Jason,
I contact you to request some clarification.
I applied for asylum in 2018, and I received a final denial in January 2019 because my visa was still valid.
In June 2019 I sent a new application to the Chicago asylum office; they received it according to the tracking info. Since then I did not receive feedback.
One month later I sent a status inquiry letter. They responded to me, but they did not mention that they received my new case application instead the told me about my denial.
I am very worried of what is going to happen to me. I cannot go back to my country, people are disappearing every time; and in my situation I am sure I will face the same fate if I was to be removed there.
Do you think that I need to send another application? Or I wait until they send me a letter for the new case I submitted?
Filing a second application can be difficult, as the asylum offices do not seem to know how to handle it. First, you have to file the application at the local office, not the Service Center, and you need to explain that it is a second application (the I-589 instructions discuss this point, I think). Even if you do it correctly, it often takes a lot of effort to get them to accept the case and put it into their system. You can send them an email about this – you can find their contact info if you follow the link at right called Asylum Office Locator. Better yet, if possible, you can go in person to ask about the case. If nothing is working, you might want to hire a lawyer to help you get the case filed. An alternative would be to email them and attach a scanned copy of the prior denial. If you are now out of status, you can request that they send your case to court. Second applications rarely work when a first application failed (unless circumstances have changed) and so it might be better to simply ask them to send you to court where you can present the case anew. Whether this is a good idea in your case, I do not know, but you might want to consult with a lawyer about what is best. Take care, Jason
His/Her case is denied when the visa is still valid. So the applicant seemed to “lose” their chance to appear in court ? I am in the same boat, having a soon-to-be-expired visa. If my asylum is denied while I am still in valid status, how do I take it to court ?
The process is new, and I have not tried it, but supposedly, you can now contact the local asylum office and ask them to issue an Notice to Appear in a case that had previously been denied, and where you are now out of status. This makes sense, as most second applications are denied (unless there are changed circumstances), and so it is more efficient and faster to go directly to court, where the judge reviews the case de novo (in other words, the judge makes a new decision). Take care, Jason
Can you please explain more about this?
I’m the same situation.I’ve not known that I can request to refer my case to the immigration court.
Can I request for IC while I’ve been waiting Since 2015 for my second interview (Final denial in first interview due to be in a legal status)?
I have not tried that, and I do not know. However, you certainly can request that and see what happens. In the worst case, they will just say no. Contact the asylum office directly with your request and see what happens – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason
Thanks for sharing useful and latest information ad always.
Yesterday i went for my asylum interview but it got rescheduled by Uscis. They said no officer is available? There were fee more people with same situation. Do you think they gonna reschedule soon ? As i know people whose interviews are rescheduled are first priority for them. Does it matters if your case is from backlog or latest ? Because i expedited my case from 2016. Does it has anything related to reschedule may be they are giving preference to new cases.
I think you should be rescheduled soon – you are the first priority and no one should be ahead of you. It may take a month or two, but hopefully you will have a new date soon. Take care, Jason
Hello Jason and everyone here
Really the situation is getting harder everyday..specially for a mom like me who.is away from.her kids since 3years…
Is it possible to apply to the canada express entry program while pending asylum in usa?
Canada and the US share info, and so I do not know how your asylum case would affect an application to Canada. Talk to a Canadian lawyer and maybe that person can give you some advice. Take care, Jason
What’s your country of origin ? There maybe ways for you to gain immigration benefits depending on where you come from.
The future looks grim for us asylum seekers…
Thanks a lot
Dear Jason,
Thanks so much for your efforts to enlighten asylum seekers.You are a good man.I hope some day you will do a live show so we can see and hear your voice.
It’s been 94 days since I applied for Asylum and I have not received an interview letter.
*Do you think I might already be in the backlog?
*I am an online activist and believe in justice for the oppressed people in my home country.There is a serious war going on there and thousands are being killed by forces loyal to the president and his crew.Should I continue with my online condemnation of my persecutor the Government of my country?Will USCIS be aware of my online campaign for justice and peace?
Thanks in advance for your reply.
My guess is that you are in the backlog. If you want to try to expedite the case, you can – I wrote about that on March 30, 2017. As for your activism, you should continue that if you want to. If your activism is the basis of your claim, continuing that work should only strengthen your case. USCIS may be aware of your activities, but for your asylum case, you are responsible to prove the case, and so you should submit evidence of your activities (such as print-outs of your articles and any threats you receive, for example). Take care, Jason
Thanks as usual.