In a recent decision, the Supreme Court has allowed a new asylum regulation to go into effect, at least until questions about the legality of that regulation work their way through the court system. Until now, the rule had been on hold, thanks to an interim decision by a lower federal court. The regulation–colloquially known as Asylum Ban 2.0–bars certain people from asylum, depending on when and where they entered the United States. Whether the regulation will ultimately be upheld by the courts is not yet known, but obviously, the Supreme Court’s decision does not bode well.
Here, we’ll take a look at the effect of the new rule on asylum applicants and on “the system.”
First, let’s talk about who is blocked by the regulation. The rule applies only to people who arrive at “the southern land border” of the United States. So if you arrive in the U.S. at an airport or seaport, or if you arrive by boat or drop in by parachute at a place other than the southern land border, the rule does not apply to you. Even if you arrived at the southern land border, the regulation does not apply to you if you got here prior to July 16, 2019. Those who arrive at the U.S.-Mexico border on or after July 16, 2019 are affected.
If you are affected by the regulation, you are barred from asylum unless (1) you demonstrate that you applied for protection from persecution or torture in at least one country outside your country of citizenship, nationality, or last lawful habitual residence through which you transited en route to the United States, and that you received a final judgment denying your application for protection in such country; or (2) you demonstrate that you satisfy the definition of “victim of a severe form of trafficking in persons” provided in 8 C.F.R. § 214.11.
So the first exception requires the alien to seek protection in a third country en route to the U.S. It’s worth noting that if you are seeking asylum from Mexico, the rule does not apply to you, since you have not passed through a third country. If you are from some other country, the only way to arrive at the southern land border is to pass through Mexico. Some people pass through dozens of countries to reach the U.S.-Mexico border; other people pass through only one country (Mexico). The regulation requires that you seek asylum in one of those countries; the regulation does not require you to seek asylum in more than one country.
In the preamble to the regulation, our government justifies its new policy by claiming that Mexico’s asylum system is a “robust protection regime.” This seems doubtful. Most reports indicate that the Mexican asylum system is overburdened and flawed. Moreover, the situation in Mexico is unsafe for many people trying to reach the U.S. Most other countries that asylum seekers might pass through are no better. And so the idea of barring asylum seekers simply because they did not seek asylum in a country that was unsafe for them and/or that does not have a functioning asylum system seems unfair (especially for those who did not know about the rule, which is effectively retroactive) and cruel.
What then do you do if the new rule applies to you? For people who are not yet here, my guess is that some of them will start seeking asylum in third countries and being denied. It seems to me that the rule will create a cottage industry where any Mexican or Central American official with a “no” stamp can issue a denial, and then the asylum applicant can use that denial to support a claim for asylum in the U.S. For people who arrive after July 16, 2019 and who have not tried to obtain asylum in a third country, there are still two main options–Withholding of Removal (“WOR”) and relief under the UN Convention Against Torture (“CAT”). Both forms of relief are potentially available to people who fear persecution in their home countries, though they are both inferior in terms of benefits when compared to asylum. Also, the evidentiary burden for WOR and CAT is higher than the burden to obtain asylum. Nevertheless, WOR and CAT are forms of protection that remain available to asylum seekers, even those who are blocked by the new regulation.
The second exception to Asylum Ban 2.0 applies to victims of human trafficking. The regulation defines trafficking victim as follows–
Severe form of trafficking in persons means sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act is under the age of 18 years; or the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery
This is pretty broad and pretty vague. People who have been subject to sexual abuse or forced labor might meet this exception. Also, unlike the first requirement about seeking asylum in a third country, the regulation does not require that the trafficking took place “en route to the United States.” Potentially then, if you were ever a victim of human trafficking, you might qualify for this exception to the asylum ban.
Asylum Ban 2.0 will undoubtedly make it more difficult for certain people to obtain protection in the United States. That is the whole point. But I have my doubts about whether the new rule will accomplish what the Trump Administration hopes to accomplish, which is to deter people from coming here to seek asylum. The new regulation does not block people from WOR or CAT, and so when they arrive at the border and ask for protection, they will still be accorded a credible or reasonable fear interview (which is an initial evaluation of eligibility for asylum, WOR, and CAT). While it may now be more difficult to “pass” such an interview, the difference in the burden of proof between asylum and the burden for WOR or CAT is fuzzy, and it seems to me that aliens who would have passed for purposes of asylum may very well also pass for purposes of WOR and CAT. Thus, asylum seekers will still be entering the system, and so the deterrent effect of the new rule will probably be less than what the Administration wants. Further, I just don’t believe that people will be deterred from coming here by the Administration raising the bar a few notches. Look what is happening in the Mediterranean: Every year, thousands of migrants are killed trying to get to Europe, yet still they come. If people are not deterred by the real possibility of dying, it seems doubtful that they will be deterred by a higher legal hurdle.
In the end, I doubt that this new regulation will do much to alleviate the problem at the border or the backlogs in the Asylum and Immigration Court systems. However, it will hurt asylum seekers–by making it more difficult for them to get the protection they need and by encouraging those who arrive at the border to circumvent legal points of entry. The new regulation will also further erode morale among Asylum Officers and Immigration Judges, who simply want to follow the law. And finally, the new rule further degrades our country’s role as a beacon of hope and freedom for persecuted people throughout the world.
Greetings everyone. I got my approval mail yesterday
Timeline:
Filed 04/13/2017
EAd: 10/27/2017
Interview: 01/15/2019
Approval: 09/05/2019.
Chicago office. Interview in Cleveland
Tips: Study your case to your finger tips and do not rely on your lawyer. My Lawyer just helped with paper work, she was present at the interview, she never said a word, even the AO asked her if she had a closing remark, she said no.
Spend time on your dates a good mastery of it is a plus.
Do not hold back any emotions. If you are not sure of any date, do not say it. Positive attitude is great.
I wish you all the best. My case was about Sexual orientation.
I pray for you all. May God touch the hearts if the officials to locate your case.
Congratulations and thank you for sharing this. Best of luck in the USA! Jason
Hi Jason,
I heard from one source that the new judges appointed to Boston immigration court (3 judges appointed 3 months ago) are quite tough. Have you heard anything about Boston immigration court ? This is very concerning. Another question is, if we assume the judge decided to approve the case, does the government attorney mention immediately on the same day if he/she will appeal the decision ? or will the respondent by at the mercy of the 30 days following the judge’s decision to see if the government attorney appeals or not ?
Thanks
H
I have not heard about Boston. Many of the new Judges are tough, but most that I see seem to be pretty fair (though not all). If you win, the government attorney can reserve appeal and then has 30 days to appeal. If you lose, you can reserve appeal and then have 30 days to appeal. Take care, Jason
Hello Jason and community.
Is there any chance that government will make something like IRCA to resolve current immigration problem?
Thanks.
Nothing is on the horizon, but one never knows. The current President is very unpredictable, and a future President may be more sympathetic to immigrants. We shall see. Take care, Jason
Dear Jason, I tried expediting a few months ago based on my health issues due to this wait. They denied my request but the director states that they have added a short list of denied expedites and that they may call as they have cancellations. I tried expediting again with new evidence but they sent me the same original letter with a copy stamp on it. I don’t get it .Do you know of short lists actually working, what do they mean? I do not know what else to do. It has been many years waiting already just to get interview. thank you.
Some offices have short lists and some do not, but if they told you that you are on the short list, they probably have one, and so you should make sure that all your evidence is filed with the asylum office in case you get called – with short list interviews, sometimes, you only have a day or two notice before the interview. Whether you will get called, I do not know. Most short lists are actually pretty long, and since most asylum offices are moving slowly, they would be calling few people from the short list. If you have new reasons to expedite, you can try again – I wrote about expediting on March 30, 2017. Otherwise, maybe talk to a lawyer to explore whether you might have any other options – I wrote about other options on August 2, 2018 and August 28, 2018. Take care, Jason
when you say filed, you mean mail the packet already or hand them in ? thank you.
You can do either one, but it is safer to file it by hand if you can. You can bring one copy for yourself and they will stamp it – this will prove that you filed it. Take care, Jason
Dear Jason,
Thank you so much for your time. I have asked help from the Senator and it works, after a couple of days, my interview has been scheduled recently, after 3 years. And after the interview Senator send me the letter if you don’t hear decision in 90 days let us know we can ask them about this. The 90 days have passed so, I want to ask Senator help me one more time, but people say the Asylum Offices accept this thing as pressure on them and they might give me a negative decision. What do you think, Jason?
Thank you so much!
There is no way to know for sure, but I doubt that they would deny a case just because a Senator’s office made an inquiry. This is more of an issue with a mandamus lawsuit, where they are forced to make a decision. If they cannot make a decision because background checks are incomplete, they may deny the case. In your situation, the Senator is not forcing a decision, they are just requesting a decision, and so I do not think there is much downside. Of course, there is no way to know for sure, but my guess is that it will not cause the case to be denied. Take care, Jason
Hey people from the forum does anyone from NYC got an interview from 2015 lately? i tried to expedite two times but it was denied. thank you
Same thing applied in Aug 2015 , send letter for expedite waiting to hear it back, want to done with my first interview.
Hi Suli,
Do you mind sharing when you send the letter for expedition and what office? Thank you
Hi Dear Jason,
Do you know anyone who had an IV in Minneapolis and got decision? Seems Minneapolis IVs dont get decision at all!!
I do not know. Asylum interviews there are done by the Chicago office (I think) and they are usually pretty good about issuing decisions, but I have not done a case in Minneapolis, and so I am not sure. Take care, Jason
Hello Mr.Jason,
Does making an inquiry about a case affect the application? I applied for a travel document, but the only thing which shows on the case tracking site is “Fingerprint fee was received etc.”. It’s been almost 3 months. Can making an inquiry affect my case?
I doubt it will help, especially if you are still inside the normal processing time (you can check processing times at http://www.uscis.gov). On the other hand, if you have a reason to ask them to expedite, there is probably no harm in inquiring. Take care, Jason
I am in the same situation, although in my case it is an adjustment of status. It looks like nowadays even getting an appointment for fingerprint at the local service center is a headache. It’s been more than 3 months for me and still no appointment. This is so frustrating.
Dear jason ! this the very true S.O.S . Many many years waiting just for interview. some people take years to get decisions?? I am very confuse why the US system is like this . it is sad! what do the asylum offices expect to do wtih backlog leave people there for decades so they go crazy and leave? have you hear if they gonna do anything for the backlog, can you speak for some us at some meeting . this is not normal …? sometimes this is worse than what people go thru back home . and makes you want to lave to a better country. very sad . thank you mister for you seem to be the only one here who cares
The system is a real mess. Given that they are blocking people at the border as best as they can, I would expect that the number of people seeking asylum there would go down. If this happens, they will have more resources to work on cases in the backlog. So far, that has not happened, but we will see how things go. The main issue is that they need to hire more asylum officers. They have hired more, but they never seem to get enough, and there are now over 330,000 cases in the backlog, so even if there were no new applicants, it would take several years to get through all those cases. As of now, I know of no plan, but I keep hoping that they will get their act together and start processing old cases. In the mean time, the only real option is to try to expedite. I wrote about that on March 30, 2017. Take care, Jason
Thank you for writing about this and for all the work you do.
I hope the Supreme Court strikes down this policy, but I don’t know when they’ll decide on it. Next year? The year after that?
It’s really stressful since not all persecuted people can get a visa to America. Sometimes applying for asylum at the border is the only way to do it.
The lower courts have been more sympathetic to immigrants than the Supreme Court, which seems to favor very broad executive power on immigration. To me, this is bad in two ways: Our President is implementing policies that are based on lies and racism, rather than on facts, and so giving him more power it bad. Also, even if we had a good president, it is not a great idea to give too much authority to the president at the expense of Congress and the Judiciary. Take care, Jason
Hi all
M very upset from waiting.
Any one here who has filed Asylum on Nov 2016 and got first interview recently???
Difficult without family..😞
It is extremely difficult. Our only cases from 2016 that get interviews these days are cases we have been able to expedite. If you want to try that, I wrote about it on March 30, 2017. Take care, Jason
Hello Jason and greetings to all
I have a small yet important question , I am representing myself and I just finished writing and preparing my affidavit package however I do not know how to submit the package , do I put it in an envelope or file or put it in a binder?
Please anyone help me answer this question because I have to submit my package in 2 days . Thank you and God bless you all
If this is for the Asylum Office, they want the original and one copy of the packet. For our cases, we tab and paginate the packet. I did a post on April 18, 2018 that may help. I also did a post on October 10, 2018 with a link to a sample index, which shows how we organize our filings. It is best to submit these by hand, but you can also mail them if necessary (assuming you have time). You can find the mailing address if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
My I-730 was initially submitted to TSC based on our location. After a while, both of us ( the principal and beneficiary) were called for an interview at USCIS local office in our state of residence. Now, after the interview, who is going to make the decision? The local office that interviewed us or the TSC? Do you think the local office will send the file back to TSC after the interview?
The local office doesn’t process the I-730 forms. Others who have experience can also comment on this question if you wish.
I do not know, but for most processes, the interviewing officer (at the local office) makes the decision and it must be approved by the supervisor (probably also at the local office). Take care, Jason
Hi Jason, thank you for your continuous support.
1. Can you or any communicator in this forum let me know if you have heard of any decision from SF office. I hear decision being made from other asylum offices but not from SF.
2. When can we expect to see updated Asylum Division Quarterly statistics? The latest one they publish was for January 2019.
3. Is it true anyone that have filed case while in status, their decision making is delayed than those who are not in status?
Thank you in advance!
Hey i did my interview September 12th San Francisco office, they told me to come this Thursday for the decision
1 – Several offices are now slow, and the NJ and Boston offices have announced that they will not be hearing many new cases. Whether they will continue to issue decisions I do not know. I have not had a decision from SF in a while, but I have few cases there, so I really don’t know. 2 – I think there was a meeting last month, and so maybe those will be published soon, and there is another meeting scheduled for November. 3 – That is not true, and we have seen examples of people who are in status get decision. The problem is that most offices are moving slowly, and so not many decisions are being issued. Take care, Jason
Hi Jason, and everyone.
hope you good. Do I need printout of paperless I-94 admission when applying for Green Card?
Thank You
We include a copy of the I-94 when we file an I-485 for our clients. Sometimes, it is not possible to get the I-94, and then we include a copy of the entry stamp. We also include a copy of the bio page of the passport and the US visa. Of course, not all people seeking a GC have these things, and then we cannot include them, but if you have them, it is best to include them. Take care, Jason
Hi Jason
Today my case transferred to another office for processing and send you a transfer notice , the notice explains why we transferred your case , please follow the instructions of the notice .
It doesn’t say for interview, what’s that means for your opinion..
Thanks for respond
It is common – USCIS moves cases around depending on their workload. Why they have need to send a letter about that, I do not know, but at least it means something is happening with the case. Take care, Jason
DO YOU MIND US ASKING WHAT OFFICE YOU FILED IN AND WHERE ARE YOU BEING TRANSFERRED? DID YOU MOVE OUT OF STATE? THANK YOU.
I applied 6 months ago at TSC , I didn’t not move ,it doesn’t mention transfer to where I am waiting for the notice.
Jason,
Two months ago I applied a petition for I 730. I would want to request an expedited process, since the situation back home is getting worst to my family. I got both my affirmative and court hearings in an expedited request can I use those cases for the i730 request, where to begin and what to attach as a supporting?
Regards,
Samuel
If the I-730 is pending, the best bet is to call USCIS (at 800-375-5283) and ask them about expediting. You can also send a letter containing the I-730 receipt info and include info in support of the expedite request. Take care, Jason
Hi Jason. Following your suggession i hired local Attorney for my Familys, i730 case. For remembrance that my family is in my home country and uscis sent biomatric letters in my address in TX. My lawer filled G28 and R-11 forms for each of my family member. He showed that they are in their country and by any mistake biomatric letters received the pepitioner. He posted to Texas service center. After one week today i checked case status of all my family members on uscis website. It shows: NAME WAS UPDATED ON SEPTEMBER 17 FOR FORM i730. What it mean sir? What will be the next? I applied 14 months ago and confused by this situation. Regards.
I am not sure – but maybe that is a message used for any correction? It seems like a positive sign, but it is difficult to know with USCIS. I think the solution is to keep following until they indicate that the case is being forwarded to the NVC for processing. It does sound like things are moving in the right direction though. Take care, Jason
Hi Jason,
I have recently applied for the Adjustment Of Status (I-485) with the help of Attorney.
In the cover letter, My Attorney listed the applicant’s supporting documents as Copy of immigration judge granting asylum but in real my Asylum was approved by the Asylum Office not by the judge.
1. Do you think it’s gonna have impact on my application ?
2. Should I correct the cover letter and resend it to USCIS ?
Please Advise.
1 – I doubt it; that is just probably because the lawyer used a model form that said “Immigration Judge” and the lawyer missed changing it. It should have no effect. 2 – I would not bother, as they will see what the document is once they review the documents. If you are worried, I guess you can send a letter stating that the original cover letter had a mistake, but I think this is not needed here. Take care, Jason
I will it as is and hope for the best.
Thanks & I appreciate your help!
[…] Asylum Ban 2.0 won’t work—here’s why from the always-excellent Asylumist Blog. […]
Hello. I recently filed I485 form. I did it by myself without any lawyer help. but there was a question in i485 part 2, where they required receipt of my I589 form which I lost. Can i replace this receipt with another equivalent document for example asylum approval list, my visa when i was first entered to US? Or anything others? I will be ok or it’s going to be problem.
Thank you.
I don’t recall that question, and so I am not sure. I guess you should give them copies of everything you have related to your asylum status. They should have a copy of your file, and so if information is missing from the form, you should still be alright. One possibility is to file a Freedom of Information Act request to get a copy of your old file (form G-639, available at http://www.uscis.gov). This is free, and is worth doing. However, it takes maybe 6 months to get the result, and I doubt you want to hold up your I-485 for that long. However, maybe you want to do it anyone, so you will have your file and you can review it, and then if necessary, you can send any additional info to USCIS that was missing from the original I-485 filing. Take care, Jason
Dear Jason and the forum readers,
Recently, I had my I-730 interview in the US. After hours, the online status changed to “ Interview was completed and my case must be reviewed”. How long does it take to receive a decision after this interview? Anyone else has this experience? Your response is appreciated.
We don’t do too many I-730 cases inside the US, so I do not know, but if I remember correctly, such cases have proceeded pretty quickly. However, now, everything has slowed down, and so the wait may be longer than in the past. I would give them at least 60 days, and if there is no news, contact USCIS (at 800-375-5283) to inquire. Take care, Jason
Hi Jason,
I have good news. I received my final approval today. I want to use this opportunity to thank you for your help. I have been reading your blog over the years and it has been very helpful. Wish there was another way to say thank you!!!!!!!!!
My timeline:
filed: March 2017
Interview: Dec 2018
Approval: Sept 2019
office: Chicago
Thanks again and good luck to everyone.
Did you expedite ?
No I did not expedite.
I wish I were you. I am waiting for a very long time. I want to have an interview but I am also afraid that if I fail my interview, I will be place into removal proceedings and my asylum case will turn into a defensive one…
Thank you for letting us know – it is great to hear good news. Congratulations and Welcome to the USA! Jason
Hello sir i have one question .i applied for expedite interview request but they denied do they will put me on short list? Newark
Last I heard, Newark did have a short list. But unless they specifically told you that you are on the short list, you may not be. You can contact them to ask about that. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, now is not a great time to get a case expedited at Newark. They have announced that they are shifting most resources to the US/Mexico border and that they will be interviewing very few “regular” asylum cases. When they will return to normal, they did not say, so we will have to see how things progress in that office. Take care, Jason
Dear Jason,
Hope all is well with you. Happy Friday! I will like to know if it is possible for someone to claim asylum at a US airport while on transit to another country? Will the offices listen to the claim and send the person to a camp? Or will they send the person to the country they were heading to? Or will they send the person back to their country of departure/ origin?
Thank you,
Happy Weekend!
You can claim asylum at the airport. You will have a credible fear interview, which is an initial evaluation of asylum eligibility. Assuming you pass, your case will then go to an Immigration Judge, who will decide whether you can stay or have to leave. It is very likely that you will remain detained during this entire process, but in some cases, people can be released on a bond. It is far better to enter the US on a visa and then file for asylum affirmatively, but that is not always possible. Take care, Jason
Thank you for your response. I really appreciate.
Hi Jason,
Thanks for all of your valuable input in this site.
1. Do expert reports help in cases in court ? Though they can be very expensive to obtain.
2. For those asylum seekers in the US whose spouses are still in the country the latter are seeking asylum from, is that problematic ? will the judge stress on how the spouse is living there ?
Thanks
H.
Sorry, I meant by the former (spouses in the US).
1 – It depends on the case. They can certainly help, but in many cases, you can find the same info on the internet with Dr. Google. Sometimes, though, you cannot find the info you need and then an expert report can be very important. 2 – They do often ask how your relatives can live safely in your country while you cannot. You should be prepared for that question and be able to answer (and if possible, have evidence about that). Take care, Jason
Dear Jason
I have had my interview 4 September 2019 in Arlington – she said after interview that you would come back after 15 days- then she consult with her supervisor she printed out that you will be mailed-
Its more then 15 days- no clue at all- im from Afghanistan-
I have questions- do they usually do background check before interview or after—-
I m talking with friends in Australia- london and Pakistan and my fiance is in Dubai n talking to her every day- does this cause any delay since im talking with all friends n family all over d places—
Do they check whats up- Facebook- and email contents-
Please reply
I do not know exactly what the check, but I doubt they are checking phone calls and social media for purposes of the background check. Normally, they are checking different data bases that have info about terrorists and other people they do not want to allow to stay here. Whether the background checks are done before or after the interview, I do not know, but it is very common to have long delays – many months – for people from Afghanistan, especially men. If there is no decision in a month or two, you can contact them and inquire about the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hey Jason,
My Work permit has expired 3.5 month ago. I wasn’t aware of it. And my final individual hearing is in next year.
Is it going to be a problem? At my hearing?
Or can I renew it again?
Thank you!
It is not a problem for your asylum case, but it may make life more difficult to not have an EAD. As long as you still have a pending asylum application, you are eligible to renew the EAD using form I-765, available at http://www.uscis.gov. Take care, Jason
Hello,
I have some questions about name change for asylees. I was recently granted asylum and went to change my name legally. I completed all the requirements in my state and obtained court order for change of name. I wanted to update my name with USCIS and went to their office thinking they would issue me an updated I-94 with approval letter with my new name but they could not. They explained that we do not re-issue documents with name change because my case was adjudicated while my name was not changed at that time. My state DMV requires me to change name in immigration documents first and then they will issue me license with new name. Social security office has pretty much the same requirements. Now I am stuck in the middle, should I wait until I can file for green card and file name change with that.
1. USCIS is not re-issuing documents with new name
2. DMV wants me to change my name in primary source documents first (immigration documents)
3. Social Security office also wants me to change on immigration documents first
4. Green card application do not have clear instructions on what to do if want to change your name
5. I cant wait till citizenship to change my name
DMV also told me if I can change name on EAD that would be enough for me to get it changed on license but I dont know if USCIS would consider that because the system still have my old name.
Please help!!
Your fellow asylee
We have changed the name for people with asylum pending. We just submitted a copy of the court document changing the name. There is a way to correct the EAD using an I-765 form. Maybe that would work. You might want to call USCIS at 800-375-5283 and try to talk to a person – maybe they can advise you, but I would think the court document changing your name should be enough. Take care, Jason
It all seems very complicated. Is it generally recommended to only change name during naturalization ?
In some ways that is easiest to change your name on the N-400, but that may mean living with a name you do not want for many years prior to naturalizing. It is doable to change your name, you just have to inform USCIS and hopefully, they will make the change. Take care, Jason
Hi Jason, i have posted here before i was sent to court because one yesr deadline. I went on trial yesterday, it went for 3 hours and me and atorrneyes were happy with the way how we presented our case. The judge couldn’t make a decision and said that he needs to think about it but he didn’t put s timeline to how more i have to wait. He didn’t ask me anything and we had a witness who is an expert who agreed with everything i had to say. At the end when mu attorneys said we hope you give us a grant, he was shaking his head in denial which made me think that he is denying the case. In your opinion, how long does decision takes in courts ?
Thank you
It is not predictable, but usually it is measured in weeks or a few months, not in years, like at the asylum office. Good luck, Jason
Thank u Jason. Am i going to be able to hear the decision from their online automated system? I know there was a person that said they were denied and the message was the judge ordered you deported. I m checking every day now praying it will be good for me. Thank you
The online system tells you about the decision, but if you get Withholding of Removal or Torture Convention relief, the system calls those a denial, since they involve the judge ordering you removed and then “withholding” that order. Good luck, Jason
My affirmative asylum case has been pending for 3 years without an interview. Is there anyway other than expedite that I can do about this situation ?
I think the only choice is to try to expedite. Maybe you could file a mandamus, but I do not think that would work given the many many cases that are stuck in the backlog. If you have some alternative to asylum, maybe you could try that. I wrote about alternatives on August 2, 2018 and August 28, 2018. Take care, Jason
Hi Jason,
I have pending asylum case and at the same time I have student status. my fiance is GC holder and we have paln to marriage soon. a lawyer told us since the visa bulletin is current for october 2019 you can file I485 and I130 and I765 together and you don’t need to wait for your status become current. I checked the visa bulletin and acttualy it is current. do you think I would be able to file adjustmet status package together and waiting for interview? if it is possible, can I withdrwal my asylum applicatin after file adjustment package? cloud my asylum application has negative effect on my adjustment status since my wife is GC holder?
best regards
The visa bulletin is current for your category, which means that if you are in lawful student status and are married to a person with a GC, you can file to adjust status and get your own GC. You should do that soon, since sometimes the visa bulletin changes and if wait times increase, you may lose that opportunity. I generally recommend that you do not withdraw the asylum until you get the GC. The two cases should not interfere with each other (though make sure the two cases are consistent with each other), but if they do, you can contact the asylum office and maybe they can help. If nothing else works, you can withdraw the asylum case. I wrote about this issue on August 2, 2018 (in the context of marrying a US citizen, but since the visa bulletin is current, the article mostly applies to your situation). Take care, Jason
Thank you Jason for your respond,
how soon can we get married and send the documents? I think it is current until the end of October? so we have to send the AOS package during this period? is there any issue since I have asylum EAD card?
thanks for your best advice and help asylum seekers.
As soon as you are legally married, you can send the documents, and I suggest you do so soon – while your category is now current, that could change, and then you would not be eligible for a GC (also, of course, there are other reasons that you might not be eligible, such as a criminal issue you or prior immigration issue – if you are not sure, talk to a lawyer to make sure you can get the GC). Take care, Jason
Hi Jason,
I talked with a lawyer regarding of visa bulletin. he told me that until the end of october bulletin is current. He told me you are eligible for AOS. and I asked him I used my asylum EAD and he told it would not be an issue for your AOS process. do you think he is correct? do you recommend to commence the process? cloud you represent and prepare my package ASAP?
thanks
I do not know your case, so I cannot comment on whether you are eligible. If the visa bulletin is current for your category, and you are otherwise eligible to adjust, you should be able to. I do not think working under the EAD would block you from that, but I am not sure, and I have not researched that issue. If you trust the lawyer, and he researched the issue or did the same for someone else recently, it would be good to know that. As for me, I do not have the capacity now to take a case on a rush basis. Take care, Jason
Hi Jason,
I started to think that Arlington asylum office keeps the decision pending cases at supervisory review for a long time (more than 6 months). What do you think about it?
Best,
Sometimes they do; other times, decisions come faster. The wait time is very unpredictable. Take care, Jason
Hello every. One i want tell you what happens with my asylum case it might be help you
Applied for asylum on Dec 2015 chicago office
Im from Syria
Request to put my case on short list on April2018 get approved
The re request it again on January 2019 get approved with interview scheduled for Feb 2019
My interview was very good 45 min only and i was so clear and didnt lie at all
My decision stll pending
Went to the asylum office on August 2019 asked for my case they said is pending but the lady on front disk called the officer ( the same one who did the interview )
He was so nice and he said its stll pending
After i left i called the congressman on my city and explain to him the situation
He send me a release privacy form to sign it
Then today they replay for me my case is under background check
And this email exactly he said from chicago office
Thank you for your August 28, 2019 inquiry on behalf of your constituent, M……. Al…….., regarding his pending Form I-589, Application for Asylum and Withholding of Removal. U.S. Citizenship and Immigration Services (USCIS) records confirm that Mr. Al……. case is pending background check clearance. USCIS is committed to adjudicating immigration benefits in a timely manner while also ensuring public safety and national security. A small percentage of applications and petitions have unresolved background check issues that temporarily delay adjudication. Although USCIS makes every effort to resolve such cases promptly, USCIS is unable to speculate when the background check will be completed. If a background check reveals an issue that may impact an applicant’s eligibility for the requested immigration benefit, further inquiry is needed. The inquiry may include an additional interview and/or contact with another agency for updates or more comprehensive information. Upon gathering and assessing all available information, USCIS will adjudicate the application as quickly as possible. USCIS realizes that Mr. Al……. may be frustrated by the progress of his case. However, the agency must balance individual inconvenience against broader issues of public safety and national security.”
Is this standard answer or that mean i got recommended approval .?
And also i want tell every one what i did for my mom
This seems to me to be a standard response and it does not tell you anything about the possible outcome of the case. Unfortunately, these delays are common, particularly for men from Muslim countries. You can continue to make periodic inquiries. You might also consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Hey Jason! Have you heard anything about LA and Houston asylum offices. What year they’re interviewing right now? Are they working from new cases to older ?
I do not know how they are addressing their backlogs, but last I heard, the LA office was moving more quickly than most other asylum offices. I wrote about this on June 12, 2019. Take care, Jason
I am working as h1 B status ,my i140 is approved in 2011 . Long time I am waiting for my priority date to be current .I would like apply as asylum . Can you please help me out .
If you have a fear of return, you can apply for asylum. If you need a consultation with me, please contact my office at 202-328-1350. Thank you, Jason
Are you from India ?
Yes
HI Jason,
Looking at the TRAC immigration, the grant rate in immigration court in Arlington is 35% in August, 2019. Having looked at other courts, almost all (if not all) have had the grant rates go down. The trend is going down. What is your interpretation ? and if the grant rate in Arlington was in fact 35% in August, 2019, what is the other 65% of the cases ?
Thanks
H.
Grant rates are going down. This is largely due to changes in the asylum case law implemented by the Trump Administration. These changes are mostly affecting asylum seekers from Central America, and so courts with more people from there will be more affected. As for the other 65%, some are outright denials; others are grants of Withholding of Removal or Torture Convention relief; other might be some other type of relief (such as Cancellation of Removal or adjustment of status); others may be voluntary departure. Probably most are denials, but it is difficult to know. Take care, Jason
Hi everybody,
My asylum case has been referred to the court. I’m looking for an attorney to represent me.
Please any recommendation of a good attorney in New York, new jersey
I do not have a recommendation, but you can try http://www.aila.org – they have a referral list and such lawyers tend to be better than non-AILA lawyers. Take care, Jason
Hi Jason and all
I applied to asylum in back to 2013 and got interviewed in 2015 and in 2017 I got denial
and now my individual hearing is in 2022. Currently I am working as software engineer and
my current company willing to apply for Green Card
for me is it possible to apply for GC when I have pending asylum case?
Thank you
I have exact same situation. Except that I still didn’t have interview.
I’m also software engineer and found a company who wants to help me with documents. I talked with a lawyer and she suggested to make EB3 visa. However the problem is, as I understood, you might need to go back to your country, and you filled asylum. ( she was not sure if I must back to my home country, told “it depends” ). It would be interesting to see what you’ll find out.
It is unlikely that you can do it, but it may not be impossible (though is would most likely require you to leave the US and return, which may or may not be possible). I wrote a post about this issue on August 28, 2018. If you think there is a chance you could qualify for something, talk to a lawyer about how you would go about it. Take care, Jason
Can he apply for a advance parole and resolve the issue of leave and return ?
Hi Jason
I got a question please.
Do EOIR has always the same file ( I-589) submitted by an asylum seeker to USCIS after being referred to court ? Because I need my I-589 application record only and already in court proceedings.
Regards
You could request a copy of your file under the Freedom of Information Act. This website has info about requesting the file: https://www.justice.gov/eoir/foia-facts. Also, you can go to court to look at your file, but you are only allowed to copy a limited number of pages. You have to contact the Immigration Court to do that – a link (called Immigration Court) is at right. Take care, Jason
Hi, Jason, I have a question about I-131.my current statues is asylee. I applied rtd and waiting for the decsion. However, I plan to submit my I 485( based on marriage) , so can I still apply for 1-31 (AP) during the pending time or I must wait the rtd first?
I don’t see why you can’t apply for the AP. If you also apply for the EAD based on the I-485, you will receive a joint EAD/AP document. On the other hand, it is better to use the RTD. In some cases (especially if you fear your home government), using your passport is a bad idea and it is safer to use the RTD. This remains true even if you get your green card based on marriage. Take care, Jason
thanks， jason， U mean uscis can process both rtd and joint ead/ap at the same time？ yes the answer is positive , that’s good to know. I just afraid that the uscis would be confused when handle this two staff.
I have not done that before, but I don’t see why they can’t. Anyway, there is no additional cost for the AP/EAD when you are already paying for the I-485, so there is nothing to lose by trying, but I think you should get both. Take care, Jason
🤣😀😀 If Mexico is anything like where I come from, the Trump administration would just have created a robust business.
I can visualize the long line of people paying( bribing)to get the “denial stamp”.
It’s a combination of the two laws that rule the universe: The law of unintended consequences and Murphy’s Law. Take care, Jason
Hi Jason,
Thank you first for your amazing support!!!
I have an asylum pending interview since April 2016 in Boston. I have applied for a Short list request, I do not have answer until now but I am thinking to move to Chicago office hoping it’s a lot faster to get interviewed. Do you have a knowledge what would happen to the short list request if I move?
Thank you
I think the short list does not transfer. I have heard from the media that Boston is not currently interviewing new cases. I have not verified that, and I do not know how long this will last, but if it is true, you won’t get an interview there in the immediate future. If you move to Chicago, that office was moving (last time I checked) and so you could try to expedite the case once it is there. I wrote about expediting on March 30, 2017. Take care, Jason
Dear Jason and all,
I applied for Asylum in LA 142 days ago and have not been interviewed yet.Next week I will qualify for EAD under category (C)(8).
Please where should I send my application please?How much is the fee please?
Thanks
You have to wait until at least 150 days gave passed, and then you can apply for the EAD. There is no fee for a first-time application based on c-8. Take care, Jason
Hi Jason,
Thanks for your informative articles and advice as always. Your platform is a Godsend.
1. I have been referred to court but currently working for a company that has invited me to apply for H1B. If I apply for my H1B from a previous company to be transferred, will my asylum case impact the H1B? If I get approved for H1B, what happens to my asylum case (court and USCIS throw it out?)?
2. Do you have any articles on what happens and what is needed at the MCH? In Arlington, does it occur on the scheduled date or does it sometimes get postponed?
Thank you sincerely.
1 – If you are in court, it means you are out of status. People who are out of status cannot change to a different status unless they leave the US and process the change at a US consulate. There are some exceptions to this general rule, so talk to a lawyer about that. However, if you have to leave, that can be quite difficult with a pending court case and also, you may have a bar to return. In short, it may be possible to go overseas and return with an H1b, but it is not easy and you would really want a lawyer to help you. The asylum case should not affect the H1b case, so at least that part is not a worry. 2 – I did an article about the MCH on March 7, 2018. The MCH does sometimes get postponed, but that is true for courts all over the US and it is not predictable. Take care, Jason
If s/he applies for an advance parole. Would this obstacle be overcome ?
I think that would only work if the person also has TPS. In other words, leaving with AP and re-entering can help make a person eligible for adjustment of status where the person previously entered illegally or went out of status. I am not sure it would work in this case, though it may be worthwhile to have a lawyer research that question. Take care, Jason
Hi Jason,
Thanks for your response.
1. Would it be an option to talk to my lawyer about withdrawing the asylum case from court? Honestly, it has also been a stressful journey and maybe once the H1B transfer is approved, we can withdraw the court case, leave the country to a 3rd country, and get the H1B.
2. If this is possible, do you have any articles or guidance on withdrawing an asylum petition?
Thank you for your help.
I doubt that is an option unless you want to accept Voluntary Departure, leave, and then try to come back with a visa. Whether that is possible in your case, I do not know, but before you pursue that option, you should make sure understand exactly how it will work. Where will you get your visa? Probably, it should not be from the country where you fear persecution. What is the likelihood you can get back to the US? Are there any bars to returning? If you are not allowed back in, what will you do? I think you need to think this through and have some confidence that this will work before you start the process. Take care, Jason
Hi Jason,
I checked my asylum case status today and it shows “fees were waived” for employment authorization. However, it shows “On December 21, 2018, we received your case and waived the filing fee for your Form I-765”. is it possible that the decision was made on my case since Dec 2018? I had my asylum interview on the 7th of Dec 2018. I am kind of confused since it appears decision was made on my case only today.
I don’t think you can read too much into the online messages, as they are not always clear. However, I do think you should contact the asylum office and inquire about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Congrats, your case approved, you will get the decision in a day or two. When your case approved they show this msg.
Hi Jason, I applied for a green card based on grant of asylum one year ago! I saw this today as the case was updated? Do you think they will ask about my asylum application or what could be possible outcome? Any one out here with the same scenario??? Thank you for your help (As of September 16, 2019, we are ready to schedule your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number LIN1*******, for an interview. We will schedule your interview and send you a notice. Please follow any instructions in the notice. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.)
In my experience, at least, I-485 interviews for the principal asylum applicant are not common, but interviews for the derivative applicants are very common (and all derivatives are supposed to be interviewed for the GC). You should review your asylum case before the interview, as they could ask you about it. Also, maybe double check the I-485 form to ensure it is consistent with the old I-589. If not, maybe prepare the corrections in writing so you can present them to the officer at the beginning of the interview (rather than waiting for the officer to ask you about the inconsistencies). Take care, Jason
Hi Tim,
That’s good news that your case is moving.
Just curious,
1. Are you derivative or principal Asylee?
2. When did you file for I-485?
Good luck!
Hi Jason,
My status changed today to ” decision was mailed” and my EAD clock has stopped. I am on valid F-1 and did not receive a NOID. Does it mean approval or denial? since valid F-1 cannot be referred to court.
Thanks.
Hey Asylee
Congratulations!! Can you share your timelines please and which office did you apply with.
Thank you.
Sure Chang,
Applied: March 2017
first fingerprint: April 2017
Interview: Dec 7th, 2018
Second Fingerprint: August 6th, 2019
Decision mailed: Sept 17th, 2019
office: Chicago, but interviewed in Cleveland
I am looking forward to the mail. Hope its an approval.
let me know if you have any other question
Some commentors here say that this means a grant, but I do not know that for sure and I think it is best to remain cautious. Once you have the decision, you will know. Good luck, Jason
Thanks as always.