The key to winning an asylum case in Immigration Court is preparation. I’d venture that the majority of asylum cases are won or lost before the applicant arrives in court for the final hearing. If the case and the applicant are well prepared, the chances for success are greatly improved. If the case and the applicant are not well prepared, the likelihood of winning is much reduced. So how do you prepare for an asylum hearing in Immigration Court?
First, you have to determine whether you are eligible for any relief. If you fear return to your country on account of your race, religion, nationality, political opinion or particular social group, you may be eligible for asylum or Withholding of Removal. If you fear torture, you could be eligible for relief under the United Nations Convention Against Torture. Besides these types of humanitarian protection, there are a number of other applications that might help you avoid deportation: Cancellation of Removal, adjustment of status based on a family relationship or a job, a T or U visa for certain victims of crimes, the semi-mythical S visa for certain cooperating witnesses, the Special Immigrant Juvenile visa, to name the most common. How do you know what relief you might be eligible for? Your best bet is to talk to a lawyer, but you can also do your own research.
Assuming you qualify for relief, you normally have to inform the Immigration Judge and submit all necessary forms at the Master Calendar Hearing (“MCH”). In many cases, if you do not submit all applications for relief in advance of the Individual Hearing, you forfeit those opportunities for relief. Be aware that some applications for relief require a fee (asylum does not require a fee), and so make sure to pay the fee well in advance of the Individual Hearing.
As the Individual Hearing approaches, you need to file all the necessary documents with the Immigration Court. This includes all evidence, a witness list, and a legal brief. The documents must be filed on time. The default rule (from the Immigration Court Practice Manual) is that evidence should be filed at least 15 days prior to the Individual Hearing, but some Judges have their own rules and require documents earlier than that (the Judge should inform you about this at the MCH). One copy of the evidence goes to the Court and one copy goes to the local Office of the Principal Legal Advisor (the prosecutor).
The evidence normally consists of the I-589 asylum form (and/or forms for any other applications for relief), an affidavit, and supporting documents. Any documents not in English must be properly translated. You can read more about what evidence is helpful here.
Courts also require a witness list, which is a list of people who will come to Court to provide testimony in your case. Anyone who plans to appear as a witness must provide a letter indicating what they know about your situation. There are benefits and risks to any witness, and you need to think carefully about whether a particular witness will be helpful for your case (and of course, if you have a lawyer, the lawyer should explore this with you). All witnesses need to be prepared for their testimony, just as the applicant herself needs to be prepared (see below).
Also, for most cases, it is a good idea to submit a brief detailing the legal theory of the case. This is especially important where the case involves a particular social group or PSG (the BIA requires applicants to specifically articulate any PSG). Even in cases where PSG is not an issue, it is important to explain the legal posture of the case and any issues that may be relevant (one year filing bar, nexus, persecutor bar, firm resettlement, criminal issues, etc.).
In addition, if your case was referred to Court by the Asylum Office, you should think about why. Are there inconsistencies or errors that need to be addressed? Maybe this requires a new affidavit or additional evidence. Did you fail to show that you suffered past persecution or that you have a well-founded fear of future persecution? Maybe you need more evidence or a stronger legal argument. While the Immigration Judge reviews the case de novo (meaning, the IJ makes her own decision), remember that the Asylum Officer’s notes can be admitted to impeach your credibility. As you prepare for Court, you should think about what was said and submitted at the Asylum Interview, and determine whether that requires any additional evidence or testimony.
Before the Individual Hearing, make sure you and any of your dependents have completed their biometrics (fingerprints) appointment. If your case has been referred from the Asylum Office, this will already have been done (assuming you showed up for your biometrics appointment prior to your asylum interview). If not, you can request a biometrics appointment. This is important, and if you forget to do it (which is easy), it could result in the case being delayed or denied.
As the Court date approaches, it is important to practice for the hearing. How do you want to present your case? What questions might be asked of you? What are the weak points in the case and how will you discuss those? It is very important to think about these issues in advance. Judges and Trial Attorneys are good at finding the weaknesses in a case and asking about them, and failure to prepare ahead of time may result in the case being denied. In our office, we do two practice sessions with the client – the first about a week before the trial and the second a day or two before (this practice session is an much for the attorney’s benefit as the client’s).
Finally, prior to the hearing, it is a good idea to talk to the DHS Attorney (normally, your lawyer does this). It is not always easy to reach these attorneys, and they often do not return calls. However, at the beginning of the hearing, it is common for the Judge to ask whether the parties have talked, and so it is helpful to at least have tried to communicate with the government lawyer. Assuming you can talk to the lawyer in advance, you can potentially narrow the issues and have a better sense of what to expect at the hearing.
So that’s about it for preparation. In a future post, I will discuss what happens at the Individual Hearing.
Dear Janson
Thank you for your help. I was submitting a motion to advance my MH date but they said they did not receive it. I have the stamp that shows as received it. What can I do now?
Thank you
Re-submit it and include a copy of the stamped copy they gave you. The courts are a mess, so it is not surprising that something got lost. Or maybe give them another week or two, as it sometimes takes time for them to enter a motion into their system. If they still do not have it, you can resubmit it then. I wrote about motions to advance in court on April 20, 2017, if you are interested. Take care, Jason
Thank you so much
Hello Jason,
I have a master hearing in February 2020. What do I need to bring to the hearing? Can they deport me on that day, and detained me there and then?
Thank you,
Marcelo
I wrote about the Master Calendar Hearing on March 7, 2018. Bring an ID and the Notice to Appear, and hopefully, bring a lawyer. If you are seeking asylum or some other relief, they would not deport you or arrest you. They will normally schedule you for a final hearing. If you have no relief available or are not seeking any, you can probably ask for voluntary departure, which allows you to leave the US without a deportation order. This makes it easier to return. Even if you do not plan to have a lawyer with you, it is a good idea to consult with a lawyer so you will know your options. Take care, Jason
Hello Jason,
My case has been pending for 917 days(almost 2 and half years) as of today with San franscisco office.
Could you please let me know if you have any idea of approximate timeline as of now?
Like how long would it take to get interview with AO? How long does it usually take after that to get a hearing at court?
The wait times are frustrating me really badly and I am thinking of alternatives.
Unfortunately many people (over 330,000) are stuck like you. The only real option for the asylum case is to try to expedite – I wrote about that on March 30, 2017. If you have some other way to stay here (the most common is to marry a US citizen, but there are others), maybe that would work. Maybe it is worthwhile to meet with a lawyer to go over the options, if any. Take care, Jason
how long would it take to get interview with AO? How long does it usually take after that to get a hearing at court?
There is no way to predict that – I did a post on June 12, 2019 with the latest numbers for each asylum office, so that might give you some idea about how SF is progressing (or not). After the interview, most people get a decision in 2 weeks, but many people wait for a long time after the interview. This problem is worse for men than women, and worse for people form Muslim countries. Take care, Jason
Jason, could you write a post about some of the recent asylum restrictions passed by the government? They’re really worrying and I just read that one of them has been approved by the Supreme Court.
It is difficult to keep up with so many changes here, and to do so comprehensively. For that reason, it is important to talk to a lawyer to at least have a consult about specific issues in your case. The Supreme Court decision from yesterday basically allows the government to deny asylum to people who enter at the US/Mexico border after July 16, 2019 if they passed through a third country and failed to ask protection there. Even so, they can still qualify for other relief (Withholding of Removal and Torture Convention). I doubt it affects many readers of this blog, and it relates to lifting a temporary injunction, so the Court has not finally spoken on the issue, so things may change again. It is another piece of bad news in the Administration’s attack on asylum seekers, but I am thinking (maybe delusionally) that it will not have as great an effect as the Administration hopes. Take care, Jason
Hi Jason,
Thank you for your tips. I noticed you mentioned ” Cancellation of Removal, adjustment of status based on a family relationship or a job”.
I was educated here, hold an advanced degree and a permanent full-time job serving the national interest in the government job for past 6+ years(constitutional state office). My asylum was denied by AO and now I have a MCH in a month.
Can I file AOS based on job(National interest waiver) or do I need anything specific for AOS based on job like EB-3,EB-2 sponsor? My office supports me and willing to provide any support, documentation or recommendation.
Also, do I have to file AOS based on the job in MCH or can I take time to collect all documentation and file in later date but well before my individual hearing?
Please let me know
Thank you
I wrote about this issue on August 28, 2018 – maybe that would help. In short, it is not impossible to get a GC based on employment for someone in your situation, but it is very unlikely. If you think you might qualify, you have to talk to a lawyer who does such cases. Try to find a lawyer who is good, as such cases are difficult and not all lawyer can do them (for example, I generally do not do such cases). Take care, Jason
Hi Jason, I hope you are doing well.
1. Does the USCIS send a detailed report about an asylum interview (that is not approved later on) to the judge and lawyer prior to the individual hearing ?
2. Is it possible to call EOIR directly to ask about the grant rate of a specific judge (freedom of information act) ?
3. What is another way to know of how one of the newly appointed judges is adjudicating cases (grant vs. denial) ?
4. Is a judge that interrupts testimony and very strict about deadlines generally considered a tough judge ? or is that typical of any judge ?
Thanks
H.
1 – If a case is referred to court, the DHS attorney (the prosecutor) should have a copy of the asylum officer’s notes and reasoning. The judge should not receive that. 2 – I highly doubt it. You can check TRAC immigration, or I suppose you can try to FOIA that judge’s data. 3 – Talk to people (lawyers) who practice in the court. 4 – Not necessarily. Some judges are not nice, but they tend to grant more cases. Other judges are nicer, and they deny you with a smile. I think the best thing to do is to prepare the case as well as you can, and if the case is good, most judges will grant it (but of course, there are exceptions, including glaring exceptions, but usually the reputations of such judges is know). Take care, Jason
Hi Jason,
I was referred to the immigration court in Dallas, TX. The judge set a date for the next hearing on Februaray, 2020.
When the judge will explain his decison about my case?
Will he explain his decision end of the hearing or Will i wait a mail for his decision?
Kind regards,
Assuming the 2020 date is the Individual Hearing, the judge usually gives a decision at the end of that hearing. It is also common for judges to send decisions by mail. It depends on the judge, how much time the judge needs to issue the decision, whether the case is complicated, etc. Take care, Jason
Hello Jason!
I’ve been a follower and even a fan of your blog I’d say fir the last 5 years..I want you to know you’re directly involved in changing families’ lives and this is eternally appreciated.
I want to ask a rather strange question and I know you’ll treat it with understanding. We’ve applied for asylum in early 2015, had interview in early 2018 in NJ, got a very templated referral to court and the court date for NY is set for August 2021. It’s the three applicants – my husband, I and our son, but during the time here we’ve become parents to another boy and now expecting another girl.
We’ve closely monitored the situation in our country this whole time (Ukraine), and the current changes look very appealing to us. We doubt we are able to defend our case of 2014 in 2021 because the changes in country conditions are dramatic and favorable, honestly I do not think we can win. Therefore, my husband is considering moving back, especially since we have 3 children and we do not want to depend on any social support here but should be able to provide for all of them in our country. This may sound strange, but these are the thoughts. QUESTION: what is the proper way to ‘drop’ a case that’s in court in order not to destroy the future opportunity at least for our Ukraine-born child? By opportunity I mean travel and if he ever wants to be a student in the USA. With Trump and his views on immigrants I’m afraid to make the wrong choice that could affect my Ukraine-born child…Also, if my US born (U.S. citizens) children at any point before they’re 18 need or want to go back to the US, how can we accompany them? Thank you.
First, for the US children (present and future), you should probably get their US passports before you leave. Once you are back, you can renew them at the US embassy. As for the three of you from Ukraine, you can request Voluntary Departure from the Judge. You can do this in 2021 when you go to court, or you could try to do that before. It does not guarantee that you or the children can easily return, and I do not know if you have any bars to returning here (normally a minor child would not have a bar to returning), but it would avoid a deport order, which should help if you want to come back. It is worth talking to a lawyer about this, so they can make sure you are eligible and have no other issues. Take care, Jason
(Sorry if this message is repeating as I am not seeing my post on this page may be because of size of my message)
I requested to expedite my interview and I received an automated email from asylum office which is as below. any idea what this means?
“This is an automated response; please do not reply to this e-mail.
Thank you for contacting the Houston Asylum Office. Emails should be in English.
USCIS has no jurisidiction over family reunification efforts. Please direct your inquiries to ICE.
Please note that we are not the Texas Service Center and do not process new asylum filings. We are unable to verify receipt of mail by another office. – (DELETED SOME PARAGRAPHS)
Please send requests for Credible Fear/Reasonable Fear re-interviews and reconsideration only to the rfr.houston.asylum@uscis.dhs.gov mail box. Emails sent to this address that do not pertain to CF/RF requests for reconsidertion/reinterview, may be subject to delayed review and response while they are forwarded to the correct email. This email address is not for requests to reschedule a credible fear or reasonable fear interview or case inquiries.
If you are an attorney, please include a fully executed (all required signatures are present) G-28 with all inquiries on credible and reasonable fear cases to assist in avoiding delays in responses.
I requested to expedite my interview and this is what I received from USCIS in automated reply.
Any idea what this means? Thanks
“This is an automated response; please do not reply to this e-mail.
Thank you for contacting the Houston Asylum Office. Emails should be in English.
USCIS has no jurisidiction over family reunification efforts. Please direct your inquiries to ICE.
Please note that we are not the Texas Service Center and do not process new asylum filings. We are unable to verify receipt of mail by another office.
To contact a service center regarding new application filings or applications being adjudiated by a service center, please see: https://www.uscis.gov/about-us/contact-us.
If you do not reside in the jurisdiction of the Houston Asylum Office, please contact the asylum office that does have jurisdiction over your asylum case. We cannot respond to status inquiries for other asylum offices. If you live in Florida, please contact the Miami Asylum Office.
If you reside in Louisiana, Mississippi, Arkansas, or Tennessee please direct your inquires to the New Orleans Asylum Office.
Contact information for the New Orleans asylum sub-office:
neworleans.asylum@uscis.dhs.gov
2424 Edenborn Ave Suite 300, Metairie, LA 70001
*Credible and Reasonable Fear claims can only be processed after receipt of required apprehension documents from ICE. Interviews are scheduled only after jurisdiction is confirmed.
We cannot provide detention status on a detained individual. Please contact ICE for a current status. The transfer of detainees is not within the control of USCIS/asylum.
Online detainee locator: https://locator.ice.gov/odls/homePage.do
EOIR/Court Case Information:
EOIR/Immigration Court Case information number: 800-898-7180.
For Court listings and contact numbers: http://www.justice.gov/eoir/sibpages/ICadr.htm
Please send requests for Credible Fear/Reasonable Fear re-interviews and reconsideration only to the rfr.houston.asylum@uscis.dhs.gov mail box. Emails sent to this address that do not pertain to CF/RF requests for reconsidertion/reinterview, may be subject to delayed review and response while they are forwarded to the correct email. This email address is not for requests to reschedule a credible fear or reasonable fear interview or case inquiries.
If you are an attorney, please include a fully executed (all required signatures are present) G-28 with all inquiries on credible and reasonable fear cases to assist in avoiding delays in responses. “
It just looks like a boilerplate response. If you do not have an answer in 3 or 4 weeks about the expedite request, you should try again, but hopefully, they will give you a substantive response soon. Take care, Jason
Hello Jason, good afternoon !!
I’m kind of confused.
I filed for asylum in 2017, I had filed the case through a lawyer who I later found out was a fake lawyer and robbed me $ 3,600 that months later I took to court the problem that in the end the new The lawyer I hired acted in bad faith and only told me that she had defended this fake lawyer years ago on the day of the hearing.
Anyway, I entered my asylum process alone, I received the procolos and I even entered my EAD, and I already received my card … Now is the doubt, I will introduce myself in the interview before an immigration officer or to a court before a judge? I didn’t enter the country across the border.
I am in doubt.
Thank you!
I do not understand whether you are in court or at the asylum office, but either way, you can use a lawyer or not (I wrote an article about whether a person needs a lawyer on July 7, 2016). If you want to find a lawyer, maybe try http://www.aila.org. This is for the American Immigration Lawyers Association. All AILA lawyers may not be good, but most of the bad or fake lawyers are not members, so it is a bit more reliable than just searching the internet. Also, you might consider a bar complaint against the lawyer who misrepresented her relationship to the fake lawyer. Take care, Jason
I sent the asylum application and all the translated documentation and evidence that I am in danger if I return to my country.
I have among these documents a copy of a judge’s communication to a bailiff in my country, describing that I am in danger of life through politicians in my country.
I sent everything to the Texas Center, which I believe is directed to an asylum office for my interview.
Thank you!
How can I change my first name ? It’s hard to live with a middle eastern name in US , I know that might cause some problems with USCIS but I don’t care at this point , I just want to live comfortably
Contact the clerk’s office of the local state court where you live (or check their website). It should be easy to change your name. Once you do so, you have to submit a copy of the name change to USCIS, so they know that the new name is still the old you. Take care, Jason
Thank you and if I do so does it cause issues with USCIS and prolong my Back ground check ?
I have only ever seen one name change (that I can remember), and as far as I know, it did not cause delay. I really do not see why it would cause delay (unless maybe you change your name to “Osama Bin Laden” or something like that!), so I think it will be fine. If you are worried about that, you can always wait until after you have a green card, or if you wait until you apply for citizenship, the form itself allows you to change your name. Take care, Jason
Dear jason
A quick question
I have my interview soon
Do i have to have pictures with me also?
And all documents copy? Will they receive documents?
Or if i take with me the original they will do the copy!
Highly appreciate if you can answer
Thank u
It is best to submit 2 copies of any documents you want them to have, and to do that before the interview (some offices, like Virginia, require documents at least one week in advance). If it is too late to submit documents early, you can try to submit them at the interview, but this could cause the interview to be delayed. It is best to submit copies and to bring originals so that the asylum officer can see them. Take care, Jason
How long did it take for you to get an interview ? And which office ? Thank you
Dear Jason,
My asylum case (sexual orientation) was approved in July 2018 (during interview). After waiting a year, I applied for Green Card (i485 and other documents with lawyer). Some people say I will get it in 1 year and half, whereas others say 6 months, also some people have another interview for green card, but I know a few guys from the organization they never take interview for green card. Please share your experience with me.
Most such cases do not have GC interviews, and we are seeing these cases take between 8 and 14 months or so, but it is not predictable. You can check the processing time at http://www.uscis.gov and that will give you some idea. Take care, Jason
Hello Jason,
We have an interview for I-730 in the US. We have a 2+ year old baby boy. We do not have any family member to take care of our baby. Can we take our baby to the interview? Do you think USCIS will allow us to have a baby sitting on his stroller while doing interview? Have you had any experience with this?
If the baby is also a beneficiary of the I-730, you need to bring him. Otherwise, it would be a good idea to find a babysitter. If there is no other choice, you can bring him, but these interviews are important and a small child is a major distraction. Also, the interviewing officer is not likely to be happy about having a small child in the room. Maybe one spouse can remain outside with the baby, but it would be far better to find someone (or pay someone) to watch the child – either at home, or in the waiting room of USCIS. Take care, Jason
Joason,
i m sending my renewal for work authorization . please tell me what are the supporting document i need to send with the form ..
It depends on the case and you have to read the I-765 instructions (available at http://www.uscis.gov). Normally, you include the form I-765, copy of the old EAD (front and back), evidence that you still have a pending case (such as a court order), filing fee, two passport photos, evidence of any arrests (for asylum applicant EADs), and any other evidence required depending on your category of employment authorization. Take care, Jason
Hi, Jason and all readers of this blog,
I have a question about EAD renewal. As you know there is an updated form where it asks if I was arrested or convicted for any crime, I was detained for participating in a rally, but not arrested. And of course police would not give me any reports about detention because rally was legal, and they had no right to detain people. I mentioned that in my affidavit, but I do not know what to put on EAD renewal form. If anyone here just renewed their EAD, please also share your experience. Thank you.
If it was not an arrest, you can put no, but you may want to circle the question on the form and write “see cover letter.” In the cover letter, you can explain that you were detained at a protest, that this was not an arrest, and it was not for a crime. The reason to include the explanation is to avoid a situation where USCIS accuses you of failing to mention an arrest. Take care, Jason
Happy New Month to you Jason and everybody on the forum. My asylum was approved in July 2019 when the new EAD came it was backdated to Nov 2018 and will expire by Nov 2020. Please Jason is that the usual practice . Although the interview was in November 2018.
I have not seen it exactly like that, but I do not think it is unusual or something to worry about. Assuming you do not leave the US, you can apply for asylum one year after the date asylum was granted (look in the body of the asylum grant letter in the first paragraph – it sounds like that may be November 2018, even though you did not get the letter until July 2019, but you have to check the letter). Congratulations on receiving asylum! Take care, Jason
Hi Jason
I have MCH by first week of December 2019 in Chicago and i just moved to Texas. If i request that my case be transfered to Texas, do you think i will get a closer date (before Dec 4th) for a rescheduled MCH in Texas or a new date later than initial scheduled Date?
I do not know, but given how busy the courts are, I would not be surprised if it is later than December. You should file the motion as soon as possible because if you get too close to the court date, they may deny the motion and force you to go to Chicago (if you do not show up for a scheduled hearing, the judge will order you deported). Take care, Jason
Hi Jasom.i Granted Asylum by IJ in June 2018 in NY. i applied for my Family in my Home Country Form i730 in July 2018. i moved from NY to TX in March 2019 and updated my address with USCIS. Yesterday i received letters by uscis for some of my Family members, biometrics near my area in TX next week on proper date and time. i was very strange that how my family members do biometrics in usa next week when they are i my home country.i think that uscis miss under stood. What i should do now?
Maybe they think your family members are in the US. You can call USCIS to inquire about this – the phone number is 800-375-5283. Take care, Jason
Thanks.1. What mean by fingure print letters for my family, means their cases are approved? 2. Can i go to the given date on next week? or only call to uscis? can i write to USCIS too? Kindly guide in detail.i am fear tgat due to this situation my Familys, case may not be slow.it is 14 months already going on.
1 – It does not mean that the case is approved, but it probably does mean that USCIS thinks they are in the US. If they are not in the US, you need to inform USCIS about that. Otherwise, the case may be denied (and you would have to re-file) because they failed to go to the fingerprint appointment. 2 – I do not how you can go for someone else’s fingerprints. I think you should call and try to explain that they are outside the US. I suppose you can write as well, but call first. Take care, Jason
Hi Noor,
I have my final hearning in court soon, I am very nervous about the hearning, can you please share your experience in court? I will help me to get some idea about the court enviroment.
Thanks
Hello,
I want to expedite my case. I have cornice diseases. But my attorney told me that I am not eligible for expedite based on my disease. What do you recommend? Should I file expedition any way by sending my medical records or I cannot expedite just because I am permanently sick. ?
Thank you very much.
There are really no rules about expediting, and so you can try. You want to show how expediting will help improve your health condition (maybe the stress of the pending case is making your health worse). I wrote about expediting on April 30, 2017. You have to coordinate this with your lawyer, though, as expediting a case that is not ready to go can easily result in a denial. Take care, Jason
I filed in 2015 and still no interview. How can I request for shortlisting? Any specific reasons to put into request?
Not all offices have a short list. You can email them to ask. You can find their email if you follow the link at right called Asylum Office Locator. You can also ask to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hi ,
Sir Jason,
Hope you are doing well, i have a question for you i am a dependent in my husband’s asylum case and my Ead is almost expired in coming days , i am a house wife not doing job , is it alright if i don’t renew my ead?
The problem is that the Dmv is not renewing my id they said we need something to show your legal stay here,
Do you think is there any other letter or something we get from usics except ead to get my id from dmv?
Thanks
Hi jason
Since all the officers in newark and boston have been sent to the boarders for asylum cases. What happens to cases that have already been interviewed? Do you think it will also be on hold? Or would we expect a decision soo?
I do not know, but I would not be surprised if decisions are also delayed at those offices. I am not sure how long the delay is supposed to last, so I do not know whether this is a long delay or a short delay. You can inquire about your case and maybe they can give you more info about the wait time – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
The only thing you have is your receipt – maybe you can also go to http://www.uscis.gov and go to check my case status. You can enter your receipt number and that will show that your case is pending. However, I do not know that the DMV would accept that. It may be that you need an EAD to have a driver’s license. Different states have different rules, so maybe try to check with the DMV (or their website). If you cannot afford the fee to renew the EAD, you might consider a fee waiver, form I-912, available at http://www.uscis.gov. Take care, Jason
Thanks alot my husband has his renewal receipt but for me i dont think so they will accept pending status
Thanks again for replying
Jason
I heard that Trump abolished ius soli principle and USCIS adopted a new manual which abolishes this rule. Is it true and will you cover this issue here on your blog?
Do you mean birth right citizenship? He has not eliminated that. It is part of the 14th Amendment, and so it would require a constitutional amendment or some very creative legal work to eliminate that. As of now, it is still the law. Take care, Jason
Hi Jason,
I am F1 holder which applied for asylum 2 years ago and uesd my EAD to work as an selfemployment. what would happened if my asylum case denied? can I continue my F status? can I re-apply for asylum when my F status terminate?
Same question here. Could using C8 EAD based on asylum lead to termination of F-1 status ? I was under the impression from previous blog that applying asylum triggers immigration intent ? And further one of F-1 status maintanence includes: not engage in unauthorized employment. ? I know it hasn’t been the case in practice. But if they do pick on me on this issue, do they stand a legal ground ?
I have not seen that happen. In theory, filing for asylum (even without using an EAD) shows immigration intent and could be used to invalidate F-1 status. I have not heard about that happening, and the memo I saw from last year indicated that if a student was denied asylum, her case would be referred to court. I have not heard about that happening either, so it is not clear to me whether the memo is being implemented. Take care, Jason
I am not sure – there was a memo that said F-1 student visa holders who have asylum denied will be referred to court, but I have not yet seen that happen. If I have any news about that, I will try to post it here. Take care, Jason
Dear Jason
may God be with you with this kind behavior towards these asylum community
I have a quick question-
Fours years a go i filled for asylum my self and upto date I haven’t face anything- normally I received my third EAD. Im having my interview soon-
But in my affidavit i clearly stated that my life was in danger in my homecountry – that’s why i applied for US visa and i obtained my US visa and i didn’t wanted to leave the country but after 2 month I couldn’t resist to put my family life in danger because of me – then i come to USA – even in USA i didn’t apply for Asylum for close to three month n i have waited to see if things has changed i would return back without applying for asylum- but things went worse then i applied for asylum-
What is gonna happen in form i 589 i didn’t mentioned about obtaining VISA- but in my affidavit i clearly mentioned that i applied for US visa to escape the country-
Can you please clarify this and the consequences- and what should i do?
I would appreciate your answer!!
I am not 100% sure I understand the question, I think you are saying that you lied when you applied for a US visa because you were fearful of remaining in your country and you needed the visa to escape (and here, I mean “lied” as in saying you were coming to the US for a visit when you were really coming to escape harm). If so, that does not block you from asylum. There is a case called Matter of Pula that says you can still qualify. You should explain what happened and why you lied (and remember that they have a copy of your visa application, so they can compare what you say now to what is on the visa application), but you should be fine. Take care, Jason
Dear Jason
I dont know how to thank you for your patience-
Hopefully this will my last question
I have my interview (Virginia after four years)
Im reviewing the forms and affidavit i come a across an issues which I haven’t mentioned in my forms and affidavit that i have a document by security department of our home country that they stated that my life is in danger – I haven’t mentioned about this letter – four years a go when i filled I thought i would get interview soo fast i would present on interview day-
Can i give that letter from our country stating my life is in danger( its a government document)
I hope this letter does not delay the decision??
Hi can you please share your timeline when did you applied, we are also waiting for the interview from last 4 years in VA office.
Thanks
You can. You may need to explain why you did not mention it previously or include it. But if you do that, it sounds like a piece of helpful evidence. It is possible that some types of evidence can delay a case, but this does not sound like that type of evidence, and if it helps your case, it is probably best to submit it. Take care, Jason
Good evening Jason
I have 2 questions if you can respond
1. I applied for green card after recipe number note i got notice said uscis will able to reuse your previously captured fingerprints and other biometrics,uscis will run the same security check and use your biometric data as in the past . Is this means I don’t need any other background check for I-485 application , I know I did Fingerprint before for form I-131 travel documents. But I just wanna know it’s enough for background check ,or is it means the case goes faster ,
2.- any way to expiate the from I-485 , I am federal employee.
Hi can you please share your timeline when did you applied, we are also waiting for the interview from last 4 years in VA office.
Thanks
1 – If they sent you a letter stating you do not need to do fingerprints again, you should be fine. 2 – You can call USCIS to ask (800-375-5283) or send a letter. It probably won’t help, but there is no harm in trying, especially if you have a compelling reason (such as a health issue). Take care, Jason
Hi Jason, how are you.
Recently, there has been report that ICE is arresting non-citizens in my community. It seems, there is nothing we can do to protect ourselves. Worse yet, we are located with in 100 miles from the border, which means the ICE or USCIS has a lot of additional authority. I am assuming they can break in my home without a warrant ?
What should we do ?
They cannot enter your home without a warrant. However, they often say things (including lies) to get in. I did a post on July 15, 2019 that talks about ICE raids and that has some links that tell you about your rights. Take care, Jason
Hi Jason, I logged on after 2 years and saw your consistent excellent work in helping the immigrant. Jason is it mandatory to notary every single letter given to immigration?
We normally do not do that – we just have the writer include a photo ID. Sometimes, notarized letters are required for certain applications, and so in those cases, you need to do it, but for an asylum case, they normally do not expect that. Take care, Jason
Hi Jason,
In the individual hearing, does the DHS attorney always have the right to appeal the judge’s decision ? or are there times where the immigration judge can issue a FINAL decision that is not open to appeal ? second question is that you mentioned in your most recent post that asylum attorneys can speak with DHS attorney (prosecutor) before the individual hearing. Is that something that asylum attorneys already know ? and will they know in particular who the DHS attorney will be so as to speak to him/her ? and how soon can they reach out to them ?
Thanks a lot
H.
The DHS attorney can always appeal, but the rarely do. Second, most attorneys try to do this (or at least they should try). You have to call the main line for the DHS Office of the Chief Counsel (a link is at right) and ask for the attorney for your case. Normally, we can only talk to the lawyers a few days in advance, but there is always a lawyer there to talk to. It’s just that they will not be familiar with the case until a lawyer is specifically assigned to the case (in my local offices, that usually happens 3 or 4 weeks before the court date, I think). Take care, Jason
Dear Mr Jason,
Thanks for what you do for us.Please it’s been 122 days since I applied for Asylum.I have completed the biometrics a long time ago but no interview letter has been sent to me.Please what do you think about it?Have they stopped the LIFO system?Please advice me sir.Thanks
Most office do not interview all LIFO cases, as they do not have the capacity. Most likely, your case is now in the backlog. You can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
Thank you as always.
I interviewed with USCIS office more than a year ago and i’ve not heard from them since then. But I got this update below on our EAD application number (my wife and i, no update to the kids) today. This is strange because we didn’t apply for a new EAD card, is not expiring till next year.
“As of this date, we completed our review of your fingerprints and are working on your Form I-765, Application for Employment Authorization, Receipt Number SRCxxxxxxxx at our Texas Service Center location. We will let you know if we make a decision or need anything from you. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.”
Our asylum USCIS page shows decision pending.
What do we make of this?
Some people would say this indicates that asylum was granted, but I am not so sure about that. I think you have to wait for the decision. You may want to contact the asylum office and inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you so much Jason.
I didn’t know what to make of it at first, till you came through.
Do they normally issue a new EAD upon asylum approval? I’m not sure why my old EAD card number still been referenced. It has not expired.
If you won the case at the asylum office, they should issue a new EAD automatically. In court, you have to Google “post order instructions in immigration court” and follow those. It should result in an EAD, but lately, it does not always seem to happen. In that case, you have to file the I-765, available at http://www.uscis.gov. Take care, Jason
This is clear as day, Thank you Jason.
Decision is still pending, I will wait to hear from them.
Respect!
Dear Jason
I have a pending asylum over four years- I have been in relationships with a girl she is in Dubai- we are in engaged but i dont have any document – next week is my interview can i add her in my application on interview day as my fiance – i have copy of her passport she is student in Dubai-
But in our culture marriage certificate can be made in my absence i dont want wanna wait more to bring her here.
I can tell them to include but i can submit the marriage certificate in US embassy in my home country – does this make sense to you.
You cannot include her in the case if she is a fiance. If you have a valid marriage certificate, you can submit that to the asylum office when you go to the interview (or better yet, before you go since some offices want documents at least one week in advance). Also, complete a new page 2 of the I-589 with her info and give that to them as well. If they accept the marriage as valid (and I am not sure they accept a proxy marriage document; hopefully, they do), and if you win, you can file an I-730 for her and bring her to the US (the process probably takes a year or a bit more). If she has a US visa and can come here independently, that would be faster. Then, maybe you can figure out a way to sponsor her once she is here (talk to a lawyer about that maybe). Take care, Jason
Hi Jason,
Thank you as always.
You wrote in one your articles in August 2018 about how to get Green Card with asylum case pending and my questions are:
1. Is possible to get Green Card through EB without leaving the US assuming the applicant was in ‘Status’ at the time of filing for asylum? Say this person came in on B1,B2 visa.
2. What other avenues are available through EB without leaving the US.
3. Is that a case your firm will be willing to take on?
Cheers!
1 – Maybe, but that requires meeting an exception under INA 245(k). The article on August 28, 2018 discusses this, but you would need to talk to a lawyer about your specific case. 2 – If you are eligible for TPS, maybe you could get that, leave, re-enter, and then adjust status (one of my clients from Nepal recently did that). Maybe there are other options, but they are all pretty obscure – talk to a lawyer about the specifics of your case and maybe the lawyer will have some ideas for you. 3 – Probably not. I have very little confidence that such a case would work, and also, I only do certain EB cases (EB1 and EB2, not EB3). For the Nepali case, another lawyer assisted with the EB3 portion of the case; all I did was get the court case dismissed so he could adjust. Take care, Jason
Hi Employment Based visa would work for a person who has pending asylum and TPS at the same time? Did it work for your client? What was the process?
He was from Nepal and had TPS. We terminated proceedings (or maybe Admin Closed, I do not remember), he left the US, re-entered, and adjusted status. I was not involved in the case except to terminate or admin close, so I do not know the details. I would have a lawyer research your eligibility, and I would be careful about this, as once you leave, it may be easy to keep you out, so you want to be pretty certain you can return. Take care, Jason
“Your credit card application has been declined because our record indicates that you are a citizen of a country that subjects to sanctions”. In compliance with the Treasury regulation of 2017; US banks started collecting citizenship information.
I am pending asylee for 6 years (conducted interviews already and have been thrown to the limbo box).
My question: Based on my employment, I was able to purchase a house early 2017 (obviously before this regulation took effect). Now I am planning to relocate. Can I sell my house in order to purchase another one in the destination city? In other word, dows this Treasury regulation include loans for housing or only apply on credit cards applications?
I applied to 3 credit cards since 2017 and I have been declined in all of them. All of the declining reasons were based on my nationality (Syrian). But now I came to know about these rules when I did some search on the internet.
In the USA, no loans mean no life. EAD is the last grant that they can target; afterward, we will be officially dead. Loans in the USA is not an add-on feature; it is essential even to breathe.
I know that (Jason) possibly have no answer to questions of financial regulations. If anybody has any info or recent personal experience in purchasing houses, please elaborate.
I do not know, but one option is to create a business and have the business buy the house. Before trying that, maybe talk to a real estate agent who can put you in touch with a mortgage person, who maybe can find an answer. Take care, Jason
Hi Jason,
I want to expedite my case, I have my letter ready. Do I have to mail it, I want to submit it by myself at USCIS office, can I do that? Do I have to make an appointment for visiting USCIS office? What is their actual rules.
I generally email expedite requests. You can find their email if you follow the link at right called Asylum Office Locator. Most offices, I think you can go in person, byt in Virginia, you need an Info Pass appointment (which you make at http://www.uscis.gov). Take care, Jason
Hi Jason,
I am one of your addicted blog reader and I guess, it is time for me now to ask you a question.
I am an asylee granted indefinite asylum. I am now LPR looking to the naturalization route in the coming few months. Two years ago, I filed I 730 for my wife and brought her here. Can she travel to the country using the passport of the country where we fled from?
Thank you,
Since she is the derivative, that should be fine. However, be aware that if her trip for some reason causes the US government to think that your case was fake, that could be an issue. I have not seen that happen, but these days, it is best to be cautious. If there is no reason to think that her return trip relates to your asylum case, you should be fine. Take care, Jason
Fleeing from home country to USA with B1B2 and applying here for asylum, how can it be considered fraud? For b1b2 interview with consulate, no one will say that he is planning to apply for asylum after arrival in USA otherwise he will not be able to make safe escape from his home country. How to convince immigration officer or judge about this situation? Person who don’t want to die will do anything and will not tell truth to consulate about his plan of applying asylum in USA. I will appreciate your suggestion.
There is a case called Matter of Pula that basically says, if you lie to get a visa in order to escape persecution, that is not a basis to deny asylum. However, you stilled lied (by saying you were coming as a tourist, when the plan was to seek asylum), and so you need to deal with that at the asylum stage by explaining, and when you apply for a green card, you need to indicate that you lied when you are asked on the I-485. This may require a waiver under INA 209(c), but that is an easy waiver to get, and it is better to clean up the issue at that time rather than waiting until later, when it is much harder. As for the entry, I suppose the same rule applies. I have not seen that as an issue at either the asylum interview or the green card stages, but I would treat it the same way (especially on the I-485) in order to be safe. Take care, Jason
Dear jason
Please answer my bellow concern
I would really appreciate.
I came to USA on November 2015 and im having my interview next week- im trying to generate my i-94 it doesnt let me do that it indicate “no records found” while another friend can check his i- 94 with same status n it show his arrival history- i hope this is not a problem!!??
My other question is that i dont have lawyer- i heard in some asylum office some asylum seeker are being detained! I dont have lawyer what if they detained me or do they detained asylum seeker on their interview day!
I do have full preparation for interview- but no lawyer will that affect the asylum decision??
10 am is my interview in Arlington VA how early i should be available? Do i have to have all document!?
N i moved to a new address since August 1 and my interview notice come on10 August in my old address – im afraid to change my address now if they reschedule my interview – because next week is my interview?? If on interview day i bring my new lease USPS changed of address notice – is that ok – will that affect the decision?
Can I explain them that intentionally i didn’t change the address because i was worried if after four years my interview will reschedule Because of change of address — i live in same city but in different building i moved I didn’t even change the city?? Is there any law that on interview day they will deny my interview as why i have not changed it before interview
Please clear issues as im soo confuse n stressed !
You help is a gem for thousand people like me May God be with you
Thanks
Is it for real ? It is very frightening
Sometimes, the CBP website cannot find the I-94. It is annoying, but not really a problem. Bring your passport, so you have proof of entry (the entry stamp). I know of no examples where a person was detained at an asylum interview, with one exception (I think it was in San Fran). That person had an Interpol Red Notice and so that seems to be the reason for the detention. I would not worry about being detained, especially if you have no criminal record. I wrote post about the interview on September 8, 2016 – maybe that would help. It is nice to have a lawyer with you, but the lawyer’s job at the interview is small (basically, take notes and make a short closing statement), and so that is not a major worry. Arrive maybe 30 minutes early and bring all documents. You can change your address at the interview (if the address is outside the jurisdiction of the asylum office – meaning, you moved out of VA) they could reschedule at a new office, but otherwise, you should be fine. I do not think the change of address you describe will be a problem. Good luck with the interview, Jason
Hi,
Did you expedite your case? if you came in November 2015, when did you apply? Does it mean Arlington is interviewing November 2015 too?
Waiting since 4 years!!
We are not currently seeing Arlington interviewing 2015 case. The only case we are seeing interviewed are expedited cases. Maybe things will speed up after Labor Day, but for now, things there are slow. Take care, Jason
Hello Jazon!
I have my interview in September 12th,
But i don’t have any valid id, everything has expired do you think they are going to let me in the building to do the interview?
If anyone knows the answer please reply
I think so – bring your appointment letter and any ID you have (expired or otherwise). Good luck with the interview, Jason
Thank you so much Jason for your great article!
Hello Jason, what are the chances of an adjustment based on employment being in deportation proceedings and no court date yet. Thanks
I could guess very low, as most people would not be eligible. There are exception and so you might want to talk to a lawyer about that. I also wrote about it on August 28, 2018. Take care, Jason
Jason,
Is it ok for someone to open checking account right after arriving to USA on tourist visa with aim to apply on asylum? The officer questioned him when he landed about the purpose of his visit, and he answer that his purpose is tourism. I heard that 90 days ban on changing status or something like this may cause problem.
Thank you.
There should be no problem to open the account, as long as the bank allows it. As for the 90 days, if a person files for asylum too soon after arrival, the government could accuse the person of fraud (since they said they were coming here for tourism). However, in practice, this has never been a problem. These days, though, maybe it is better to be cautious and wait a couple months after arriving before filing for asylum. Take care, Jason
Dear Jason , I have a question. Can you guide us as far as what to do after asylum is granted to obtain a normal SSN . My card says valid for work only. Does this mean that all these years working I have not accumulated benefits? Also, the SS office will they issue a new number or the same without restricitons ? thank you.
They should issue the same number, but unrestricted. I do not specifically know what needs to be done, but my clients have gone to the SS office with their asylum grants, and they seem to get the unrestricted card. Maybe someone else here has done it and can advise you. Take care, Jason
Karlota,
No worries ! It is a common practice. A couple months a go I applied for unrestricted SSN following the grant. What You should do is, take the original letter which confirms your asylum grant and ID, the office knows how to deal it.
Cheers !
Dear jason
Thank you so much for your unconditional help
I have a concern
I expedited three times it was rejected the last time was thru a congress men!! Which stated that my cases will never get interview for coming 180 days! (Virginia)
Then i give up thinking about interview one day i opened my mail box – i noticed they have sent an interview notice before their 180 days timeline- not even stating that my interview is because of expedition.
Can tell me is it normal have you come a cross such situations.
Plus i got interview after four years i have a question you think – they background checked me already or background check start after interview im so stressed.
Please answer!!
In many cases, background checks are done before the interview, but that is definitely not all cases. At end of the interview, if they tell you that they will send the decision by mail, you can (politely) ask about the time frame for a decision. In some cases, they will indicate whether the background check is done. In any case, I would not worry about this. You should focus on preparing for the interview. Take care, Jason
Hi,
If you don’t mind can you please share your timeline.
Thank you Jason
THANKS JAYSON
im so happy that one of your amazing Lawyer help me with case in Arlington immigration court.
Ruth Dickey is one of the best LGBTI immigration lawyers in the area that focus on the community not only was amazing to work with her on my case, also she’s always on top of things also even if is not immigration related she will follow up with you to see how you doing
my hearing was 10 mins at immigration court my case was well prepare by Ruth
and my case was hard and I had criminal records:( and I won my asylum case!
im so happy to recommend to Jason firm and especially to Ruth Dickey!
thank you !
Thank you – I will let her know (for some reason, she does not read this blog on a daily basis). Take care, Jason
I can absolutely support this statement about Ruth Dickey. She is so detailed oriented and take all the steps to become completely familiar with the case and the person. After working hard with her, I knew I had a high likelihood of having the case approved. And approved it was thanks to God. Jason’s firm is the best and I recommend them to everyone.
Thank you, Jason.