This is a guest post by Katharine Clark, Managing Attorney for Immigration at the Silver Spring, MD office of Ayuda. She has previously worked on citizenship and nationality issues at the U.S. Department of Justice. The views and opinions expressed herein are solely those of the author, and not necessarily those of any organization, employer, or agency.
On July 14, President Trump tweeted that four members of the House of Representatives – known as “The Squad” – should “go back” to “the crime-infested places from which they came.” The tweet targeted three representatives who were born in the United States, and one naturalized citizen, Rep. Ilhan Omar.
Given Omar’s naturalized status, it’s no accident that Trump and his supporters have settled on her as the long-term focus of their racist ire, chanting “Send her back!” at subsequent rallies beginning on July 17, in reference to Omar alone.
Much ink has already, rightly, been spilled about how Trump’s tweets and the crowd’s chants were racist, Islamophobic, detrimental to national rhetoric, and offensive to refugees and naturalized citizens. For example, the LA Times in July focused on how the racialized aspects of Trump’s immigration policies, including his denaturalization task force, are likely to suppress political opposition because these efforts are disproportionately concentrated in jurisdictions where naturalized citizens tend to vote Democratic. Jelani Cobb in the New Yorker explored how Trump’s rhetoric aligns with past efforts in the U.S. to make citizenship provisional for non-whites, U.S.-born and naturalized alike.
These are important points, but I believe there is another, more specific legal action that Trump may be proposing in his ongoing comments about Rep. Omar. He is not just using his tweets to energize his base in advance of the 2020 election. More particularly, I believe Trump and his followers are calling for Rep. Omar to be denaturalized and removed to Somalia.
The Legal Context of “Send Her Back”:
There are two ways to lose United States citizenship. Any U.S. citizen, born in this country or naturalized, can voluntarily renounce citizenship under 8 U.S.C. § 1481. However, renunciation requires a citizen to follow strict procedures for abandonment (it is also possible to lose citizenship after a conviction for treason or a similar criminal offense).
Unlike renunciation, which is initiated by the citizen, denaturalization is a civil action initiated by the federal government under 8 U.S.C. § 1451. To denaturalize a citizen against his or her wishes, a federal court must find that the citizen’s naturalization was illegally procured or procured by willful misrepresentation of material fact.
If a person willfully misrepresents a material fact on a naturalization application, or on the application for a green card that preceded the naturalization application as required under 8 U.S.C. § 1421(c), that misrepresentation can provide a basis for denaturalization many years later. Not only that, the consequences can pass from generation to generation. Under 8 U.S.C. § 1451(d), children who naturalized through their parents can be denaturalized if their parents are found to have procured their naturalization through willful misrepresentation of a material fact.
History of Denaturalization:
Historically, denaturalization actions have been extraordinarily rare. These cases were primarily instituted against war criminals, such as Nazi concentration camp guards, who hid their crimes when they applied for green cards or citizenship. The New York Times reported that from 2004 to 2016, the Justice Department initiated only 46 denaturalization cases.
Denaturalization cases are not only rare, but also difficult for the government to win. This is true by deliberate judicial design. In denaturalization cases, courts hold the government to a very high burden of proof and do not afford great deference to lower court findings of fact on appellate review. Baumgartner v. United States, 322 U.S. 665 (1944); United States v. Zajanckauskas, 441 F.3d 32, n.5 (1st Cir. 2006). As the Supreme Court explained, “rights once conferred should not be lightly revoked,” particularly where the right in question is as “precious” as citizenship. Schneiderman v. United States, 320 U.S. 118, 125 (1943).
Ultimately, then, denaturalization has long been reserved for people who told serious lies, often about their crimes against humanity, in order to become citizens. In other situations, citizenship has been treated as a settled question once naturalization occurs.
Denaturalization Task Force:
This trend began to shift in 2018, when the Trump administration created a denaturalization task force within United States Citizenship and Immigration Services, to review the A-files of naturalized citizens for previous fraud. In the first few months of its existence, the LA Times reports, the task force referred at least 100 cases to the Justice Department for initiation of a civil action.
In some ways, the administration’s focus on denaturalization is simply one small part of the United States’ long history of failing to respect citizenship rights. This history includes laws denying birthright citizenship to Americans of Chinese descent, and forced “repatriation” of US citizens of Mexican descent during the Great Depression.
However, Trump’s threat to Rep. Omar is also uniquely insidious. If Trump is, indeed, calling for Rep. Omar’s denaturalization, we are witnessing the chief executive of our nation, calling for the denaturalization of a duly elected representative on account of her race, religion, and political opinion. This is, to my knowledge, unprecedented.
Trump’s history of policy-making by tweet demonstrates why this threat is so serious and sinister. In this context, Trump’s tweet can be seen as a directive to the U.S. Attorney for the District of Minnesota, to USCIS, and to the Office of Immigration Litigation, to investigate and prosecute Rep. Omar for denaturalization. Ken Cuccinelli’s new role at the helm of USCIS does nothing to reassure me, given his 2008 attempt to repeal birthright citizenship while serving in the Virginia legislature, by calling for a Constitutional convention.
Ilhan Omar:
One’s opinion of Rep. Omar’s politics simply do not matter here. I have never seen her immigration file and I am not her attorney, so I have no specific insight into her case.
What is clear from press reports about her naturalization is that, if there were any problems with her immigration or naturalization, they would have occurred before she was old enough to play any meaningful part in the process. Media reports all indicate that Rep. Omar was born in 1982 in Mogadishu, came to the U.S. in 1992, received asylum in 1995, and naturalized in 2000 as a 17-year-old child.
This means that Trump is explicitly threatening, and implicitly assigning his task force to investigate, the possibility of bringing an extraordinarily rare denaturalization action, historically reserved for war criminals, against a political opponent based on immigration applications filed when she was a child.
If the Administration today threatens to denaturalize duly elected representatives, who have the protections of visibility, it will not only make all naturalized citizens provisional, and second-class under the law. It will also demonstrate the Administration’s full intention to use citizenship – by birth and naturalization alike – as a weapon of political war. If this does not make us concerned for the very foundations of our democracy, then we are not paying attention.
Hello Jason!
Thank you for your continuing help us.
I had my asylum interview on June 15, 2019, in Chicago. And there is no answer from them. Due to the job offer, I have to move from Ohio to Arizona and have to change my address. What is your opinion on how this address changing affects my decision time? And do you advise me to call the office and ask about my case answer?
Thank you for your time and kind support.
Calling is not easy. Maybe send them an email. You can find their email address (and phone number) if you follow the link at right called Asylum Office Locator. As for moving, you have to submit a form AR-11, available at http://www.uscis.gov. Unless they require a second interview, there should be no effect and the Chicago office should make the decision. If, for some reason, they need another interview, that would take place at the new office (LA). Take care, Jason
Hi Jason,
My asylum was approved three years ago, and I haven’t applied for a green card yet.
Recently one of the persons who was helping in my case was charged with filing fraudulent asylum cases.
Even though my case was based on a real story, I fear that his fraudulent cases can affect me.
Also, that person is not mentioned in my case.
I wonder if USCIS would go for the cases that arrested person filled if USCIS will know that some cases were fraudulent and try to cancel citizenships/green cards/asylee statuses.
1) Based on your expirience, how often USCIS does that?
2) If I marry a US citizen and apply for a green card through marriage, will it make me somehow safer?
1 – Unfortunately, I have seen examples where people had delay or worse from USCIS because they used a lawyer who later turned out to be a fraudster. Whether that will affect you will probably depend on the extent of the fraud and the details of your case (for example, if your case looks too much like other cases this person “helped” with. If you do not have a copy of your file, you may want to get that (follow the link under Resources called FOIA USCIS), as it will be helpful to have a copy of all your documents in case they do start to investigate you. Such an investigation is more likely to happen when you apply for the GC (or citizenship). The most common result is very long (maybe indefinite) delay, but they could try to take your asylum away if they decide your case is fake. They could also initiate an investigation even if you do not apply for a GC, but that may be less common. 2 – It might provide you an alternative path if they try to revoke your asylum, but in general, I do not know that marrying a citizen would help much, but it depends on the case (it certainly will not hurt). I think if you decide to apply for the GC, either through asylum or marriage, you might do well to consult a lawyer and see what the lawyer thinks about the specifics of your situation. Take care, Jason
Hi Jason,
I sent my I-485 based on asylum today, but just noticed that I forgot to mention my Name and A# in the last page (additional information). It was just because I could not type and should have used pen to write it. I wonder what to do? it is really frustrating.
Thank you
The very last page? Probably that will have no effect. You should have a receipt in 3 or 4 weeks. I guess it is possible that they would reject the application for this omission, but I highly doubt it, and I think you will be fine. Take care, Jason
Greetings Jason,
I’m an Asylee and applied for adjustment of status this year (I-485,I-765,I-131).
I got an update on my I-765 (EAD) application saying “My Case is denied”. I’m not sure why it was denied and still waiting for the letter. One thing for sure is the whole information on the application was accurate.
1. What might be the reason for denial ?
2. This is completely different category of EAD. Even My Asylee EAD is still valid I guess I’m still eligible for the adjustment of status EAD. Right?
Do you think this is normal?
Kindly Advise.
1 – One reason may be that you checked the wrong category, or that you did not pay the fee. USCIS seems to having shifting policies about whether the I-485 fee covers the I-765 for asylee adjustment, and if you applied based on a category other than a-5, it may be the wrong category. Once you get the denial letter, you will know, and that should not be long. 2 – Hopefully, you are eligible for adjustment – unless there is a criminal issue, immigration issue or maybe you filed too early, you should be eligible. Take care, Jason
Jason, this happened to me too. They deny the I-765 application if your EAD is valid and has more than 180 days of validity (this was what my I-485-EAD denial letter say). Perhaps consistency is not USCIS’s best friend? I don’t know.
Interesting – we have not seen that, but I guess it is not so surprising. The things is, the two EADs are different since the asylum EAD cannot also serve as a travel document. Maybe the better approach is not file request the EAD based on the I-485 until there is less than 180 days remaining on the asylum-EAD. Take care, Jason
Today I received a letter saying that EAD was already issued with a validity period and is still valid, Hence it is deemed a duplicate form I-765.
Yep, The lesson is not to apply EAD when you already have the valid EAD irrespective of the category.
Thank you for the help guys.
That is very frustrating, especially since one EAD (for a marriage-based case) can be used as an advance parole document. Anyway, thank you for letting us know. Take care, Jason
Can you please share information of an attorney in Dallas , Fort Worth TX? I will appreciate it.
I do not have such info, but you can check http://www.aila.org. They list attorneys across the U.S., and members of AILA (the American Immigration Lawyers Association) tend to be more trustworthy than non-members. Take care, Jason
The one I have helping me on my case is not in this list, is it advisable to select one from listed on this website?
Not necessarily. There are plenty of good lawyers who are not members of AILA, but lawyers who join are at least making an effort to be part of a group that encourages proper behavior. So if you are randomly choosing between a member and a non-member, all other things being equal, I would choose the AILA member. Take care, Jason
Hi jason
Hope you’re doing well
I applied for GC 45 days a go and they sent it back due to a photo issue (That’s what my lawyer told me) and then we remailed it.
they haven’t withdrawn the money from my bank account yet. Is that all normal ?
I do not know what a “photo issue” is. Did you or the lawyer forget to include the passport size photos? It should probably take 3 or 4 weeks to get the receipt, and probably less time to have the money drawn from your account, so depending when you sent the application back, you should get the receipt soon. Take care, Jason
HI JASON,
Hope Your Doing Well!!.
I have recently shifted to new address, So i updated my new address with USCIS using AR11 form in online.
Now do i need to update my new address with local Asylum office ? if yes please share me the procedure are any links, Moreover My Asylum got approved 3 months ago ,please need your suggestion on this.
Thanks in advance for your help and support.
VJ
Filing the AR-11 should be enough. After one year has passed since you got asylum, you should be eligible to apply for a green card. If you leave the US, that time does not count, so you need to wait longer. So if you leave the US for 1 month, you have to wait 1 year and 1 month before applying for the GC. Take care, Jason
Thank you in advance for your advice
Based on freedom of information/ privacy act request, I can request for the forms I filled in the embassy of america to get visa.
I know I filled some forms and I forget what I filled on those forms.
Can I get a copy based on freedom of information.
The purpose is to avoid inconsistence between my asylum application and the forms i filled aboard in the america embassy.
Thank you for your reply
There is a process to request records from the State Department (you can Google “FOIA request State Department” and find the web page). I do not know how long it takes to get such records. Take care, Jason
Hi Jason, thank you so much for your help . I have a question please :
I applied for asylum may 2014
I referred to the court on June 2019
My first hearing master was August 2019
The judge gave us date for individual hearing September 2019
But a few days age our lawyer told us the he went to the court to take one document and they told him that it changed to master hearing again and they don’t know any thing it just scheduled as a master 😔
How it comes like that!! What should we do in the hearing master for one more time ? and do you think the judge will give us a short date again like last time ?
Thank you !
It is unusual to get such a fast date, but it sometimes happens. It is pretty common for cases to get moved, and they don’t usually give any reason for that. You can confirm your court date by calling 800-898-7180 and entering your Alien number. Then press 1 and the computer system will give you the next court date. Take care, Jason
Sometimes, I just feel the asylum process is just a black hole…
Yes, me too. Take care, Jason
Hello Mr. Jason,
I am Syrian who filed his asylum case in 11/2015. I got first interview based on approved expedite request in 5/2018 and I got a second interview in 9/2018 and then I got transferred to court in 2/2019 and my individual hearing with Mr. Paul Mklinski is in 3/2021 in Arlington.
1): Is there any potential way to shorten this period (I.e. expedite, moving to another state with less cases)?
2): I know Mr. Mklinski is new to Arlington, where can I find his approval rate?
3): Do you recommend moving to another state to get better result and faster hearing?
4): I am really running out of patient as I have done absolutly the best and have no results so far, as I am living here for 4 years but have no rights and If I leave, I can’t come back. I moved here by myself and my family is not getting visa because of the ban, how can I see them in a neutral country without loosing my rights of coming back here? Please advise!
Thank you,
1 – You can file a motion to advance. I wrote about that on April 20, 2017. 2 – If he is new, you cannot find it. The only hope would be to ask around among people who practice there. I am often in Arlington (and will be there tomorrow), but I do not know him. 3 – I highly doubt that will help, and unless the judge is really bad or really slow, it is likely to make things worse. 4 – I would try to advance the hearing. Unfortunately, the asylum office seems determined to deny Syrian cases. I do not know why, and it seems to me an equal case from a country like Afghanistan is much more likely to succeed than a case from Syria. The asylum officers I have talked to deny that this happens, but it seems to me that they don’t like Syrian cases. I have not seen this problem in court, and so hopefully, you will get a fair result there. Take care, Jason
Hi Jason and everyone on this blog
PLEASE I NEED HELP!!
I was approved since last year, and file form i730 for my husband. He arrived the United states since one month. We went to the social security office for his card, and recently we received a mail that they couldn’t verify his lawful presence. Thesame thing at the DMV where they couldn’t issue one because they have to verify his lawful status.
Please who do I contact , has anyone gone through this?
Any contact infos will be greatly appreciated.
God richly bless you Jason for all the work you are doing.
He should have an I-94 and if he should also get a work permit (he should have applied for that during the I-730 process; if not, he can apply now based on his I-94). One option is to call USCIS at 800-375-5283 and try to speak to a person. Explain what the SS office and the DMV told you, and ask whether there is some issue with the case. If he has his I-94 and work permit, he should be fine, though, and so maybe there is some problem with his name in the system and USCIS can fix it. Take care, Jason
Thanks a million Jason
Today Dmv was able to verify and process his driving permit. But still wonder what’s wrong at the level of social security.
But will have go take the driver’s license there if that helps since it’s a government issued ID.
Thanks for your help
Hi Jason.Thanks for your kind advice for hiring a Lawer in TX to fix my case. Again for remembrance that i granted Asylum in June 2018 in NY. Applied i730 for my Family members in my home country in July 2018. i moved from NY to TX in Febuary 2019 and my Lawer in NY fied R-11 forms. Last week i received i797 C letters for all my family members for Biomatrics near my address.i was confused that they all are in my home country.Then by your advise i called uscis and they advised to write Texas Service center for mis under standing. After your advice i hired a lawer near to me. he sent R-11 forms for my all Family members and given address of my home country and requested for correction to uscis. My Questions are: 1. What next step i should take? 2. When my family members not conducted Biomatrics in TX that what negative effect will happen on their case? Kindly guide.i am confused.
1 – I think the lawyer or you should follow up with USCIS in a month or so. 2 – Maybe you want to send copies of the biometrics notices to USCIS and note that family members will process their cases outside the US. I would think that the more ways you tell them this, the more likely they will get the message. Take care, Jason
Hi Jason,
My husband and I applied for adjustment to permanent resident a couple of months ago. We still haven’t done the biometrics, but recently when we inquired about the fact that we are waiting for our green cards, we were told that uscis is waiting on our biometrics before delivering our green cards. Does that mean that as soon as we get a biometric appointment, we should be expecting to receive our permanent residency cards soon; or is it a case where the delay caused by the backlog (as they described it) at the service center in charge processing our biometrics is going to cause another painful delay in our cases. We waited 3 years to get approved for asylum already.
Thanks for everything.
In some cases, they do not need to have you do biometrics again – they just use what they have on file. So maybe you won’t even have to do that. We have seen a wide range of wait times for people getting the GC based on asylum, so the time is not predictable. Maybe 4 or 5 months, maybe over a year. Also, in general, principal asylum applicants are not being interviewed, but supposedly, asylee dependents are interviewed for the GC. This also does not seem to be consistent, however, and so you never know. Take care, Jason
Hey Jason
Thanks for your unlimited help. I have a question for you. A couple of months ago, I got my asylum approval and I was in a process of applying for my family. However, I’ve noticed that the date of birth of my children on their birth certificate and the date of birth on their passport is totally different. My wife is trying to fix the certificates based on the correct dates on the passport. However my big worry is, I have already submitted a copy of the wrong certificate and passport when I apply for my asylum. Do you think this will cause a problem when I submit the corrected certificate along with the i-730? Should I submit a written explanation on how the mistake has happened? Or what do you advice me please? I know this things are serious especially at the embassy and I’m worrying about it. Looking forward. Thanks a lot!
I think you should provide a written explanation of what happened, and also provide an explanation about how you corrected the documents, including copies of all your (or your wife’s) correspondence with your home government about correcting the dates. They do take this seriously – too seriously, in my opinion, given that many of the governments that issue such documents are careless or incompetent and often make mistakes. Nevertheless, if you can submit as much info as possible, you should be able to work this out. Take care, Jason
Hello Jason and everyone, thanks for supporting us, i have a question, my wife is under my case and we have master hearing next week my question is if we got final denial from court they will deport us, is there any way after that my wife apply for asylum or no? also how long will take procedure from court to deport?
best regards,.
The wait time from the first hearing (the Master Calendar Hearing) to the final hearing where you get a decision is not predictable. It could be months or years. If your wife has her own independent claim for asylum, she can file an I-589 for herself at the MCH (or I suppose she can file it later with the court, but maybe at least tell the judge that this is your plan). Then, you can both present your asylum claims at the final hearing. If you lose and are ordered to leave, you can appeal. Appeals have been taking a year or two, but they are trying to make those go faster. If you lose that, you generally lose your ability to work and you can be deported, though it may be possible to take the case to federal court. Take care, Jason
Is there any new rule on EAD authorizations to asylum applicants? Like longer screening process?
The new rule basically says that first-time EADs based on asylum pending do not need to be processed in 30 days, and so we can expect first time EADs to be processed more slowly than they have been. Take care, Jason
I have had my interview like 3 months ago and online it still shows I have been scheduled for an interview. What does that mean? Is my case forgotten? I applied for asylum 2015.
The online messages are often not so helpful. Try contacting the asylum office to ask about your case – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason! I found an employee who can help me to get a green card through EB3 Skilled Worker program. I was in B2 status when applied for asylum back in 2015. I talked with a lawyer, and he told that it is possible for me to go that route since I was in status when applied for asylum. ( right now that status is expired but I have pending asylum). She offered me to start make this petition and we we will be almost done, she will withdraw my asylum application and she will ask green card based on EB3. All of that is not small amount but I’m ready to go that route.
What do you think about that? Can I adjust my status while I have only pending asylum case?
I would ask her if she has done this before – I discuss this process in a post dated August 28, 2018, and there is a possible way to get the GC without leaving the US if you have a pending asylum case. I do not do such cases, and I do not know of an example where a layer successfully did it. I know plenty of examples where a lawyer said they could do it, charged a lot of money, and then did not do it. So I would be careful, and maybe get a her to write down everything she will do, starting from today and ending with the GC. If she does not like that, tell her that you will pay for her time to have her write it down. Having it in writing is one way to protect yourself. She may be a great lawyer, but I have seen many people get ripped off, and so I am suspicious about these things. If she is not willing to write it all down, that may be a bad sign. Also, maybe you want a second opinion from a different lawyer, as that would also provide some comfort if the answer was the same. Take care, Jason
She did this decision because I don’t qualify for asylum anymore because political situation changed very much and I can safely return to my home country. That’s why she offered EB3 route. And that’s why she wants to withdraw my asylum and explain this situation to judge, consul. She told that I might need to go back to my home country for a while , or maybe I’ll be able to stay here. She is not sure about that yet. When I asked her if I’ll be able return to US ( I thought I’ll be under 10 years bar ) she replied yes, because I applied for asylum in status.
But she wrote a plan for me, step by step.
If you trust here and she explained everything, that is what you need. Good luck, Jason
Hi Jason,
I commented last month in this blog about my asylum interview expedition request. As a reminder I sent the request in April and I didn’t not receive a response wether my request was approved or denied . I emailed them twice ( July and August) but both answers were confusing. Today I went in person to the asylum office and the person who received me said that my name is on list. I am al little bit relieved but still worried because it’s been 5 months since then
1)I would like to know if you have had a similar situation with some of your clients or if anyone on this blog has experienced something similar
2) It is possible that they send me an interview notice without sending a notice approving the request first? I heard that usually when they approve your expedition request, they send you a notice of approval first.
Thank you for your kindness
What office it is? I think my case was the same i requested to expedite and the put me on a short list without notifying me, and one day i received an interview notice in the mail, with only a week to prepare before the interview
Thank you for your contribution Asylee.
It’s the Newark office.
How long did you wait to get the interview notice?
Hi,Jason
I AM UNDER C (8) CATEGORY AND MY WORK PERMIT CARD WILL EXPIRE 2/7/2020,SHOULD I RENEW NOW UNDER TRUMP NEW RULES OR TO WAIT 120 DAYS BEFORE EXPIRATION DATE. THANKS
Hi Jason, I am asylum seeker my case still pending
And My work Permit will expire Feb, 2020
My question is when should I renew before the expiration date? Thanks, be blessed
You can renew up to 180 days before the old card expires. Take care, Jason
Hi Jason, I am asylum seeker my case still pending
And My work Permit will expire Feb, 2020
My question is when should I renew before the expiration date? Thanks, be blessed
1 – Not exactly like that, but what happened to you is not surprising. 2 – That is possible, and it sounds like you are on a list, and so the next step will probably be the interview notice. Make sure your case is complete and ready to go in case you are called. Sometimes, it takes a while to get the actual interview, but hopefully it will be soon. Take care, Jason
Thank you Jason
Hi jason.thanks for your help,my work authorization expired last week but I am not working at the moment;can I still apply for work?I saw on a comment here that there’s 180days grace after expiration.thanks
If you have a pending asylum case and a work permit based on that, you need the work permit to work legally. If you apply to renew the permit, once you get the receipt, you will have an automatic 180 day extension to the expired card. Take care, Jason
Hello jason i had my interview today, and the asylum officer told me to come back in two weeks to get the decision, she said that it’ll be two outcomes first granted asylum, second referred to an immigration judge…my attorney told me the interview went well, what do you think the outcome will be?
That is the normal thing they say to people, so there is no way to know, but hopefully you will get a good result. Good luck, Jason
Hi sir. I’m filling Form I-485 and stuck at point that after my asylum case granted I got travel document and went out of US 2 times for vacation. Didn’t go back to country of origin. Should I include an explanation of why, where and for how long I left the United States?
You do not need to explain that. However, keep in mind that you need a total of 1 year of physical presence in the US – so if you left the US for one month, you cannot file the I-485 until at least one year and one month after asylum was granted. Take care, Jason
Dear Jason , I am a mother and my daughter we are both on the same case. I am the primary on the case and when I filed she was a minor, she is now over 21. Still waiting for interview. will there be trouble if she moves out of state and I stay where I filed? She wants to leave for work and school
That should not affect the case, though she will need to appear for the interview with you. Even if she is over 21 now, as long as she was under 21 an unmarried when you filed, she can remain part of the case. Take care, Jason
Hi Jason,
I’m asylum seeker who are in status and waiting for interview. if my asylum case deny, should I leave the country? is there any way to re-apply for asylum or asking asylum office to consider my case again? I’m afraid that after deny my case they detained me later
thanks
If the case is finally denied and you do not want to leave, you can re-apply for asylum. The procedure is different than the first application (you file at your local asylum office), and they will most likely deny and send you to court (since they already denied the first application). In court, you can present your case again. Alternatively, sometimes, you can contact the asylum office that denied your case, tell them that you are now out of status, and have them send you to court. But you would not just be detained and deported. Take care, Jason
Hi there. I’m filing I 485 based on asylum case. Can i file I 130 for my spouse in same time? I 730 will not work for me because we got married after my asylum was granted. Thank you for your help.
Unfortunately, you cannot file the I-130 until you have your green card. Take care, Jason
Dear Jason
Its been a week since my interview im checking online the status- still pending decision “
Four years waiting for my interview wasnt that painful but after interview stress n waiting is more killing and painful –
Still pray for me-
I have a question – based on your experience what are the chances of grant rate for people from Afghanistan????
Thank you
Dear Jason
Its been a week since my interview im checking online the status- still pending decision “
Four years waiting for my interview wasnt that painful but after interview stress n waiting is more killing and painful –
Still pray for me-
I have a question – based on your experience what are the chances of grant rate for people from Afghanistan????
Thank you
We have seen a very high rate of success for such cases (more than 80% and maybe more than 90% – I have not kept data on this), but such cases often have long delays after the interview. If you have a mail-out decision, maybe give them 60 days, and if there is no news, make an inquiry. Take care, Jason
Hi Jason
thank you for your effort to keep us up to date about asylum process. today supreme court let the administration to enforce asylum ban for asylum seekers at the southern border. with this new regulation, can USCIS clear backlog in asylum offices and interview all pending asylum case?
I personally highly doubt that. There are way more backlogged cases than they can handle anyway. The root cause of the backlog is the unmatching of their capability and the huge new case amount. Now backlog won’t reduce that’s for sure, no matter what they do. Over the years, I have seen the agency tried different tactics, including changing the order of interview and others. None has really worked. In my guess, the backlog will keep getting longer and longer, just may increase in a slower rate now that asylum ban is effective.
I doubt this ruling will have any effect on the backlog since it only applies to cases filed after about July 16, 2019 and for people who entered at the US/Mexico border. Whether it will reduce the number of people seeking asylum here, I don’t know. That is obviously the Administration’s hope, and many attorneys on my list serve think it will end asylum at the border. I do not really agree with that. I suspect that people will adapt to the change and also, people are still eligible for other relief (Withholding of Removal and relief under the Torture Convention) and while those are not as good as asylum, they still need to be adjudicated. As such, I have my doubts about whether many people will actually be deterred from coming here. I am often wrong about these things, so we will have to see how the rule impacts and if it ultimately stays in effect, which is still an open question. Take care, Jason
Hello Jason!
I filled for asylum 2 years ago and just find out that I did a big mistake in my asylum story.
My story is based on events happened between November 2016 and April 2017. By mistake, Instead of describing events of November 2016 I wrote November 2017. That mistake happened couple times. It should be Nov 2016 but not Nov 2017. The problem is that Nov 2016 and Apr 2017 is pretty close to each other, so I always for some reason misspelling this years. Also I had a lawyer to review my story but she never pointed to that mistake. My question is, in your experience , what do you think, how big is this mistake and if it’s already big NO to my asylum application?
I think you can correct this. Maybe prepare a supplemental statement explaining the error and how you made it. Most officers would accept such an explanation. I would not ignore this problem, though. If you do nothing and then the error comes out at the interview when the officer questions you, it may look like you are not credible. So correct it in writing prior to the interview. Take care, Jason
Dear Jason, and All,
I would like to share my asylum timeline with you, which I think is one of the longest. I applied at LA Asylum Office in June 2013, and I got my interview in June 2017, and today September 11th, 2019, I got a call from my attorney that my case got approved. I could not believe it at the beginning, as it took more than 6 years total. I was even thinking about leaving for another country. During that time, I was anxious like everyone else with a pending case for that long, especially with what we hear on the news every day about immigration policies. My case is a strong one, being an LGBT and escaping war in Syria. I tried to expedite it, but have no medical reasons, except I think was depressed lately. I want to thank you Jason for this awesome blog, and for the helpful content by you, and by your readers. It helped me a lot with forecasting, as I looked at others’ timelines, even though I knew that each case is different than any other case. During those 6 years, I tried to live my life as I have NO ‘pending’ case, which is a great tip I found on this blog by one reader. I got a job a few years ago and I also went back to school to get my masters. I traveled, domestically of course. My advice is to make this country home while your case is pending, and things will come along the way. Sometimes it’s beyond our power and attorney’s power. But we know it will happen eventually.
Best of luck to all,
Congratulations to you. I am so happy for you !
I am also an LGBT case, and but my country condition on LGBT is usually painted as very rosy in the State Department’s human rights country report. So I am very worried it will make my case weaker.
The State Department report has really become something of a political weapon against asylum seekers – I wrote about that on May 2, 2018 in the context of women, but it also applies to LGBT individuals. You have to submit other evidence to counter the Report – from Human Rights Watch, Amnesty International, OxFam, and from newspapers and other sources. For LGBT cases, you might check the Immigration Equality website – they often have information about different countries and it can be very helpful to a case. Take care, Jason
Congratulations and Welcome to the USA! It really took forever, so it is impressive that you were able to use that time productively. Take care, Jason
I agree with you definitely about living your life while your case goes through the process. I looked at my case as an opportunity to self actualize a part of my life I kept locked away in my country of origin. You can’t put your life on hold and I thought about the fact that I was so lucky to even be within the country. There are persons at the southern border who can’t get in or persons who lost their lives trying get to the USA. As a fellow LGBT Asylee, I can understand how you must feel to be in place where you can finally be yourself and not feel any fear.
There are some actors in the local LGBT community my country of origin who are trying to paint a picture of progress. They better be careful of what they are doing. I sense some of it is state sponsored PR move to not affect their tourism. But you can’t hide the truth, because a major US station went there for themselves and saw the many difficulties LGBT people face. So, they can try hiding behind facade of “private pride parade”, but this is 2019, the truth will reveal itself.
The major US network that covered the issues with the LGBT community in my country origin noted, the organization that accompanied them on their trip gets the most calls for help from my country. I noticed the LGBT organization (which I think is corrupt), didn’t even acknowledge it. So, not matter Governments want to put out, the US government has all the receipts.
Hello Jason,
how is approval rating (in asylum office) for Iranian asylum case based on change religion from Islam to Christianity?( assuming that person has converted four years ago and still waiting for interview)
My experience is that they are almost always approved. I had one case that was referred to court where the officer found that the applicant was not credible (in my opinion, her credibility finding was poorly reasoned). Basically, if they believe you converted, country conditions are such that they should grant asylum. So the key is to have evidence of the conversion (letters from people who know, photos and other evidence from church, credible testimony) and hopefully, you will be fine. Take care, Jason
Hi Jason
Today i had my interview at asylum office. The officer was so friendly and really very nice person. The interview went very well. There were 3-4 discrepancies in declaration and saying. I explained everything to the officer at the end and he was convinced. He also signaled that its fine for him and for him its a recommended approval and you meet all the criteria for asylum but he said he want to clear everything for his supervisor. He told me to write a small letter about these discrepancies and send me asap and he will include those as well with his notes. My question is how much chances are there if officer approve your case but supervisor turn the decision negative ?
This seems a little strange to me. The officer really should not say that it is a recommended approval, since he does not have the authority to grant the case without agreement of the supervisor, and supervisors do not always agree. Also, if he wrote down your explanations, why does he need a letter? I doubt there is anything tricky here, but the officer’s behavior is unusual – maybe he is just inexperienced? Anyway, you will have to submit the letter since he asked for that. Do your best to make it consistent with whatever you said at the interview, and try to explain why you made those mistakes in the first place. Also, if possible, try to keep it short. The shorter it is, the less chance for an inconsistency. Take care, Jason
Hi Jason
I have sent the supplementary declaration explaining the inconsistencies. According to me they are not big inconsistencies one is like I mentioned in the declaration that attack happened on me around sunset and in interview i told its about 5pm. I explained them according to our tradition we call sunset when sun is at our level. Another one is about political parties. In first declaration I mentioned teo names of parties and second declaration I mentioned only one because they ate in alliance with each other and i one I mentioned is a national party and it is usually called by that name.
My attorney said if officer asked you to provide more explanation about these after interview then its a positive sign. They usually don’t ask people to provide anything about interview. What is your opinion about this ? Do you think these things ate big deal ?
Thank you
They do not sound like a big deal, and maybe if the officer planned to deny, there would be no reason to ask for more info. Hopefully, the officer just wants some clarification for the write-up to the supervisor. That said, you really cannot predict the outcome based on what happened. Hopefully, you will get a good result soon. Take care, Jason
Dear Jason,
Thanks for all you do.Please help me out with the following question as I am filling out form I 765
(c)(8) Eligibility Category.If you entered the eligibility category (c)(8) in Item Number 27,Have yo ever been arrested for and convicted for a crime any crime?
please should I answer YES or NO since I was arrested in my home country?What else do I need to do?
Where should I mail my application to please?
Thanks in advance for your help and God bless
If you were arrested, you need to say Yes. And you need to explain and provide any evidence if you have it. If you are not sure whether you were “arrested” (for example, an illegal detention may not be an “arrest”), you should probably talk to a lawyer about how to answer. As for mailing, you have to check the address on the I-765 website for category c-8, http://www.uscis.gov. Take care, Jason
Hi Jason,
Yesterday, the North Carolina special election saw a Trump-backed candidate win again… The President will be formidable in the 2020…I am very worried. Recently the 9th circuit court approves his asylum ban because he filled the court with conservative, anti-immigrant judges. May I ask how big of an impact these anti-immigrant judges will have on asylum seekers ? Say, if an I-589 applicant failed at asylum office and immigration court (May I ask does the President appoint judges to immigration court as well), the appeal to the circuit court will be more likely to fail now right ?
Your opinion is very appreciated, thanks for your time and your continued efforts to bring us hope !!!
I do think courts are taking a more conservative approach due to judges appointed by Trump, but they still follow the law and often do not agree with the Administration’s actions. That said, we see how conservative judges have an impact in a case like the Muslim travel ban. Lower courts enjoined (stopped) it, but the Supreme Court found (in a decision split on liberal/conservative lines) that the President had the power to implement the ban. So that is an example of where conservative judges determined the outcome. The President also appoints judges to the immigration courts, though that is done at a lower level. The judges that I have known who were appointed during Trump’s presidency have generally been good. I think it would be difficult to find judges who align with the President’s ideology. Most (but not all) judges are serious people who believe in due process of law, and so that provides some protection for immigrants from the whims and racism of the President. Take care, Jason
Hi dear Jason
thank you for your great website , I have a question
could you please help me
Documents I’ll need to submit, For Form I-485 is :
1-a copy of official approval for asylum
2-two identical color photographs , passport style
3-Form I-765, Application for Employment Authorization
4-Form I-131, Application for Travel Document, if Someone think that need or want to leave
5-proof of identity, ideally a copy of birth certificate
6-copy of Form I-94 Arrival/Departure Record
7-copies of any pages in passport showing absences from the United States since receiving asylum
8-proof of one year’s physical presence in the United States
9-medical report from a USCIS-authorized doctor, on Form I-693
my Question is this :
Do I need to fill these to forms?
1-Form I-643 Health and Human Services Statistical Data
2-Form G-325A Biographic Information
thank you again
you helped me more
I really cannot advise you about this, as I do not know your case, and different cases sometimes require different evidence and/or forms. You can check the instructions, or you can consult with a lawyer to maybe get a better idea of what is required for your specific case. Take care, Jason
Hi Jason
I am granted asylum one year ago
And I want to apply for green card after one year .
I just want to know
I have to submit these forms or not?
I-643
G-325A
I do not know the details of your case, so there may be something going on that I do not know. For that reason, I cannot be certain. That said, when we submit the application for a GC for our clients, we do not submit these forms. Take care, Jason
Hi Jason
Thank you again
https://www.uscis.gov/greencard/asylees
I checked the instruction and I sent the address too
You all times give me positive energy and
I all times follow your website
Thank you
Dear JASON ,
God morning to you.I just read online that it will no longer be possible to obtain EAD for first timer Asylum seekers in 30 days.My EAD clock as of today reads 105 days.I am in PHILADELPHIA.
*Do you think we shall be affected by this new Role?
*My husband is the principal applicant,should we all put our applications in one envelop?
*What are the consequences of working a small CASH ONLY job without an EAD?
Thanks for all you do.
If you have a pending asylum case, you can apply for an EAD after 150 days have passed on the Asylum Clock. The processing time may be slower under the new rule, but that is the only effect – you are still eligible for the EAD. You can mail all the EAD applications in the same envelope, but each person’s application should be complete, so if they are separated (which they will be) each application contains all necessary forms and documents). If you work without permission, it could affect certain types of applications with USCIS, but it does not affect an asylum case. Take care, Jason
Hi Jason.
I came to the US on F1 visa. I have a pending I-485 based marriage to USC and we already had an interview. Meanwhile I have a pending asylum and I have not had an interview yet on my asylum case. If I withdraw my asylum application, will I be refereed to an immigration court or will I be put into removal preceding? If my I-485 denied and I had my asylum application withdrew, Do I have to leave the country immediately?
Thank you so much for all the help you provide to the asylum community.
In my opinion, it is best to keep the asylum case alive until you get the GC based on marriage. If there is a long delay, you might contact the asylum office, tell them about the pending I-485, and see if they need to forward your file to the USCIS office processing the marriage case. You can find the contact info for your local asylum office if you follow the link at right called Asylum Office Locator. Whether you will be referred to court if you withdraw asylum, I am not sure, but I doubt it. The problem is, they are not always consistent, and they change their policies every other week, so it is hard to know. It seems to me that there is no advantage to withdrawing the asylum, so why take the risk? If your I-485 is denied and your asylum is withdrawn, you may be referred to court. You cannot just be ordered to leave the country without a court hearing (at least for people who have a fear of persecution in the home country). Take care, Jason
Thank you for your response Jason. But what if the circumstances has changed regarding the asylum case? For instance, If I feared a persecution five years ago with a death threat and today it is less worrying as the threats has calm down?
My only concern is due to some inconsistencies with the asylum case and the marriage case, which we explained it to the USCIS with best of our abilities. Now, I am worried that the USCIS won’t make a decision as long as I have the asylum case pending. FYI, 1) I had the marriage interview about eight months ago and I have not heard anything back yet. 2) Five months ago, I informed the Asylum office regarding my pending 1-485 marriage based, and asked them if there is anything that could be done to speed up the I-485 and they sent me a withdraw form and told me on a separate paper that my case is still pending with them.
The problem is that the wait time for the I-485 is long and unpredictable – you can check the processing time at http://www.uscis.gov, but I think it gives a range of maybe 1 to 3 years (I can’t remember at the moment). For that reason, it is difficult to knew if your case is being delayed by the asylum office somehow. I guess you can try withdrawing the asylum case, but you do take a risk in the event that something goes wrong with your marriage. Given the 8-month wait, I think you should probably give them more time; at least another 6 months, but that is up to you. Take care, Jason
Hi dear Jason and asylum community,
Finally my wait is OVER. I received my asylum approval in the mail yesterday. I would like to share my timeline if that’s helpful to anyone here. Also, I hope everyone will receive a positive decision in time.
December 13, 2018: Asylum case filed
December 29, 2018: Received receipt notice
January 10, 2019: Fingerprints done
April 5, 2019: Received interview notice
May 2, 2019: Interview done. Lasted about 1,5h.
September 5, 2019: Status changed to Decision is mailed and fees waived
September 10, 2019: Received final approval letter in the mail
September 11, 2019: Status changed to Card was mailed to me.
Fun facts:
I had two pro bono lawyers helping me and they did a great job. Although it took 6 months from them to prepare my case.
My case is based on religious persecution.
I was still on F1 OPT status at the time of asylum approval
Congrats on your approval. Can you please share which asylum office?
Thanks.
Yes, of course.
It was Chicago Asylum Office.
Congratulations and thank you for sharing this good news. Also, of course, Welcome to the USA! Jason
Hey Happy Asylee !!!
congratulations !!
I had my interview last month and waiting decision also. it is really hard to wait at this time. But God is faithful to complete what He has started. though every case is different but He will bring to pass the desire of those who seek, ask, wait and look to Him.
God Bless you and welcome to the US of A. I am happy for you and your family success. though We are behind but our trust has been and is stay in God since application was done Dec 2017 for Success.
Any way, take care and stay out of trouble, celebrate well !!!!!!!!! congrat, Happy Asylee.
Hey, I did my interview on 22 Aug. 2wks now. How long do you think it takes to get result? As per my interview, do you think I will get result any time soon? I applied Dec. 2017. Also, if I gets approval by God’s help, do you think I can apply for RTD when I get the result while I apply for my family to come. Besides my home country which I am not going to travel to becuz of the application for asylum and been an Asylee, can I request for RTD to travel by to another country while I wait for my family to be approve?
There is no way to predict the time frame, but most decisions come in a few weeks or months (though others take much longer). If the case is approved, you can apply for the RTD and for your eligible family members (using form I-730) immediately. You cannot get an RTD until asylum is granted. If you want to travel while the case is pending, you need Advance Parole – I wrote about that on September 11, 2017. Take care, Jason