There are now more than 1,000,000 people with cases pending before our nation’s Immigration Courts. The culmination of this process is the Individual Hearing, where the Immigration Judge (“IJ”) usually decides whether the applicant gets asylum, some other relief, or is ordered deported from our country. For asylum seekers, the Individual Hearing can be stressful and frightening. Here, we will discuss what to expect at that hearing. In prior posts, I discussed the Master Calendar Hearing, and how to prepare for the Individual Hearing.
Before we get to the substance of what happens at the Individual Hearing, I should mention that there are detained and non-detained hearings. A detained hearing is similar to a non-detained hearing in terms of the order of events, but sometimes the IJ and the alien are in different locations, and so cases are done by video (non-detained cases can also be done by video, but this is less common). These video hearings are more difficult to litigate, in terms of looking at documents, hearing each other talk, reading non-verbal cues, empathizing with the applicant, etc. Detained hearings are more difficult to prepare for, as it is difficult to gather evidence and get ready for your case when you are in jail.
Also, of course, different IJs have different styles (in Immigration Court, IJs decide the case – there are no juries). Some IJs ask a lot of questions; others ask no questions. Some are professional and respectful; others, not so much. It is helpful to know something about your IJ before the court hearing, so you can have an idea about what to expect. Statistics about asylum grant rates for many IJs can be found at TRAC Immigration.
Finally, as I discussed previously, many cases are won or lost before the trial even begins, and so how well the case is prepared will likely affect how the Individual Hearing proceeds.
As for the Individual Hearing itself, it begins when the IJ arrives in court. Everyone stands up for the Judge. Once everyone sits, the hearing usually begins with a conversation between the IJ and the lawyers (assuming the alien has a lawyer). During this discussion, the parties may try to narrow the issues that need to be discussed. Perhaps there are some areas of agreement, and it is helpful to know this in advance. Also, in some cases, the IJ will not need to hear testimony about the entire case – maybe the alien will only need to testify about part of her story.
At the beginning of the hearing, the IJ will ask what “relief” you are seeking. This can be asylum, Withholding of Removal, relief under the Torture Convention, Cancellation of Removal, Adjustment of Status, Voluntary Departure, and/or something else. The IJ will also mark the evidence and hear any objections. So if you submitted evidence, and the DHS attorney objects to that evidence, the Judge must decide whether or not to admit that evidence into the record, and how much “weight” to give to that piece of evidence (some evidence is considered more reliable than other evidence and hence receives more “weight” in terms of how much it influences the IJ’s decision). At this time, the IJ will also ask whether there are any changes to the form I-589. You can update your form and make any corrections. Once the form is updated, the IJ will have you sign the form under penalty of perjury. You will also be “sworn in” under the penalty of perjury. This is basically a promise to tell the truth, and if it is found that you are not telling the truth, there are potential immigration and criminal consequences. If there is an interpreter in your case, the interpreter will also be sworn in.
If you have brought any witnesses to court, they will typically be asked to wait outside, so they cannot hear your testimony. That way, their testimony can be compared to your testimony. If there are inconsistencies between your witness and you, it could cause the IJ to think you are not telling the truth. For this reason, it is important that the witnesses are prepared in advance, and that you and your witnesses are on the same page. Keep in mind that different people may have different memories of the same event, and even if they are both telling the truth, there is still a risk that the two accounts will not be consistent. For this reason, it is important to go over each person’s testimony prior to the court hearing.
Normally, the “respondent” (the alien who is the subject of the court proceeding) testifies first. This usually begins with your attorney asking questions (assuming again that you have an attorney). This is called the “direct examination,” and usually involves you telling your whole story. Once the testimony is done, the DHS attorney asks questions. This is called “cross examination.” During cross exam, the DHS attorney will often try to test your credibility. There are different ways to do this: Asking about prior inconsistencies in other applications (including any visa applications), at the Asylum Office, or during the credible fear interview; asking about testimony that seems implausible or inconsistent with country conditions; asking about documents or evidence that seems fraudulent. Hopefully, as you prepare your case, you will think about some possible avenues for cross examination and how you might respond. Afterwards, your attorney has an opportunity to ask some additional questions, based on what happened during cross examination. This is called “re-direct.” The IJ can interject with questions at any time.
During your testimony (and for your witnesses’ testimony), remember that if you do not understand a question, ask for clarification. Do not answer a question that you do not understand. If you do not know the answer to a question, or you do not remember the answer, just say that you don’t know or you don’t remember; don’t guess. If you need a moment to collect your thoughts, ask for that. If you need a break, ask for that too. If you have an interpreter and there is a problem with the interpretation, don’t be afraid to raise that issue as well (especially if you do not have a lawyer or your lawyer does not understand the language). Also, on cross exam, the DHS attorney often asks yes-or-no questions, and will sometimes insist on a yes-or-no answer (sometimes, the IJ will do this as well). If you cannot answer the question using a yes or no, try to explain that. If you feel that you have no choice but to answer yes or no, you should at least alert the IJ that you have more to say. On re-direct, you will have an opportunity to elaborate on your answer. Remember to always be polite and don’t lose your cool.
After your testimony is finished, it will be your witnesses’ turn. Sometimes, the IJ will accept a “proffer” of a witness’s testimony (assuming both your lawyer and DHS agree). This means that the IJ will accept the testimony as recounted in the witness’s letter (witnesses generally submit a statement in advance of trial), and that the witness will not actually need to testify. A proffer can be beneficial to your case (since it eliminates the possibility of inconsistent testimony), but it can also be a disadvantage (since the IJ will not hear the witness’s testimony, which would presumably support your asylum claim).
After all the testimony is done, most–but not all–IJs allow the lawyers to make closing arguments. This is an opportunity for the lawyers to explain why they think you should win (or, for the DHS lawyer, lose) your case. Some IJs prefer to have a discussion at the end of testimony, to see whether there is agreement about resolution of the case.
Finally, the IJ will either make an oral decision, reserve decision for later, or inform the parties about the next step (in some cases, the IJ needs more information from the parties before she can make a decision). In the majority of of cases, the IJ issues an oral decision that same day.
If you do not like the IJ’s decision, you can “reserve” appeal. If the DHS attorney does not like the IJ’s decision, DHS can reserve appeal. If you (or DHS) reserve appeal, you have 30 days to file the appeal using form EOIR-26. The IJ should give you the deadline for the appeal. If you or DHS appeal, the appeal will be resolved by the Board of Immigration Appeals. But that is a story for another day.
Jason or any one can give me ans plz
I had send my ead c8 for renewal with 410 check .USCIS deducted money from my account. Wanted to know if they are going to send a receipt or card as they debited the money from my account. I am not sure what will be their next steps, need your insights.
You should get a receipt. Also, you can get a copy of your check from your bank. Stamped on the back should be your receipt number, which you can check online at http://www.uscis.gov. Take care, Jason
Hi Jason,
My wife and I applied for adjustment of status but I submitted the case 3 months earlier. She is the principal and I am the derivative. Does her adjustment need to be approved before I get my green card?
Thanks,
No – as long as you both applied timely, there should be no problem here. Take care, Jason
Hi jason
My case has been referred to court last week and on 1800 number it says your A number is not in records so it means office has not yet filed my NTA to court yet. I called the local ICE office today to see if they can file my NTA and the person said they cannot file the NTA unti they receive it and there is a big backlog of filling NTA’s. He said i can mail my notice directly to them for faster filling. He said your hearing date will not change.My MCH is is in January as per notice from AO and I dnt want it to go far. Please advice me what should i do. Should i wait for AO to send my NTA to them or should i just mail a copy of my notice. My only concern is I don’t want to delay my MCH.
Thank you jason.
I recently heard that at least one court (and probably all courts) get the NTA directly from the asylum office. I had thought that the asylum office sent it to DHS, who filed it with the court. I have never sent an NTA to DHS or the court, but I suppose you can try that to see whether it happens. As for the court date, that is set by the court and not DHS, so I do not know how they can tell you it won’t change. One thing you can do is prepare your case, and once it is docketed with the court, try to move things along as fast as you can. I wrote about that on April 20, 2017. Take care, Jason
Hi Jason, thank you so much as always. You are a beacon of light and hope.
I have a question regarding waiting times for EORI hearings. My asylum case was referred to EOIR and moved from my old city to my new residence, Chicago. In the (futile) attempt to plan out my life while I am in this limbo, I was trying to get a sense for when my individual hearing may be set for, as my MCH is coming up in January 2020. I see the latest TRACImmigration report (link below) is from June 2018. Two questions:
1) Is there any way to obtain a more recent figure for what dates the hearings are being scheduled for in the Chicago court?
2) In the TRAC report, the date in the table is given as “Latest Hearing Date Scheduled”. For Chicago, it is Dec 30, 2021. Does that mean that (as of publishing time), *all the judges* have been scheduling hearings for in or around December 2021, or that this is simply the latest one on record, and there are judges who are scheduling them for earlier? Basically, should I take that date as a “there is no chance that your individual hearing is going to happen before this date”?
Thank you again, Jason.
1 – It varies widely by judge. The way I usually know is by having cases with that same judge. One way to get a good idea, if you have the time, is to attend a Master Calendar Hearing with that judge, and then you will see what dates the judge gives for individual hearings. Master Hearings are open to the public and you can call the court and ask when your judge has such a hearing. You can find the phone number if you follow the link at right called Asylum Office Locator. 2 – I think that date is meaningless, as judges in general schedule cases in ways that are all over the map. You might get an early date (sometimes, an opening unexpectedly appears in the judge’s calendar) or you may wait longer than that. Unfortunately, hearing dates, like most everything in immigration world, are just not predictable. Take care, Jason
Thank you for this quick response, you’re a lifesaver. On that note – I would like to show my support for what you (and this site) do for the community, in the form of a small gift. Is there a particular charity that you support? I have a couple of extra dollars and would be glad to make a donation to a charity of your choice.
That is very nice – There are many great non-profits: HIAS, RAICES, the American Immigration Council, Asylum Seekers Assistance Project, Torture Abolition Support and Survivors Coalition. Anything you give to any of those groups will help people seeking asylum. Thank you, Jason
Hi Jason!
Couple of questions-
1- Is it possible to withdraw asylum petition once you get a “Notice of Evidence of Untimely Filing & Optional Waiver of Asylum Interview”?
2- If you are currently under deferred action, simultaneously have a asylum case- do you still get deported in the event your asylum is not granted? In essence can the DACA prevent asylum triggered deportation order?
Thanks in advance!
1 – I guess you can withdraw, but before you do that, make sure that is what you want. You presumably got the letter because you have been in the US for more than one year before filing for asylum, but there are exceptions to the one-year filing rule and maybe you can meet an exception. I wrote about this issue on January 18, 2018. 2 – If you are in valid DACA status, I think they will not send your case to court, and so you would not be ordered deported (at least until DACA ends). Take care, Jason
Hi Jason
I’m granted asylum and I have applied i-730 form for my wife and I’m waiting for approval letter
I have sent picture of all the pages from my my wife’s passport when I have applied for i-730 form
My wife’s passport expire in two months and she has to renew it
In my country when people renew their passport , the passport/ID number change to another number , but the other thing is same , I have question
Is this make problem for me ?
My wife must to change her passport because we don’t have American embassy in my country and she has to go third country
But when she wants to change the passport , the passport number will change
What should I do?
Thank you again for helping me all times
Hello, I am not Jason, but from my experience, I would suggest that she get her passport renewed, and attach the old and new passport together, both will have bar codes (if your country use bar code) and the pictures, names and credentials will be same, the immigration officer will understand that it was renewed because it was expiring. I guess she should not wait and get it renewed asap.
Make sure she has a clear copy of the old passport. Once she has the new passport, maybe you can copy of the bio/photo page with the new number and send it to USCIS. Make sure to include your I-730 receipt number and a copy of your I-730 receipt when you mail it in, so USCIS can match it to your case. I think you will be fine, but if you keep copies of everything and inform USCIS as soon as possible, it may help. Take care, Jason
Hi Jason,
I initially submitted my I-730 TSC and the case was transferred to the local office for interview as the beneficiary was in the US. Do you think after the interview, the local office will retransfer the case to TSC or the local office will send the final decision letter?
I do not know, but my guess is that the local office will make the final decision. Take care, Jason
Hello Jason!
Would you please help me with a message that I received from USCIS Arlington office about my infopass appointment. I wanted to go and inquire about my decision since it’s been pending for 3 years now, and they sent me this message. Does it mean that my application is no longer pending with this office? Does this happened to any of your clients? Thank you for all your help.
“We have canceled the InfoPass appointment that you made with the USCIS Arlington Asylum Office. Appointments at the Arlington Asylum Office are only for matters relating to asylum or NACARA applications and protection screening processes (Credible Fear and Reasonable Fear).
We cancelled the appointment because we cannot assist you: the reason that you listed for your appointment and/or a review of USCIS records indicates that your question does not relate to a matter that this office handles.
If you need help with a question or making an appointment at a USCIS Field Office, call the USCIS Contact Center at 1-800-375-5283 (TTY 800-767-1833) for help in English and Spanish.
Arlington Asylum Office
From this message, it seems that either they or you made an error. It seems they do not think you have an asylum case, but rather that you have some other type of case that their office does not handle. Maybe try again to make an Info Pass, and be careful about what you put for the reason. But if that happens again, contact them by email to tell them that you are unable to make an appointment. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you for your response. I really appreciate it. They called me after this message and told that I do not need to come because they do not have decision for me. They say that it is still pending and if I won’t receive anything within 30-45 days then make another appointment. They didn’t give any explanation of why it’s pending for three years now. I wish you they would just refer my case to IJ so I do not waste my time waiting for their referral.
I would give them that extra time and see what happens, but you certainly can consider a mandamus lawsuit, as that should at least get you a decision (good or bad). Take care, Jason
Hello Jason,
I think all of us asylum seekers appreciate the help you are providing for people. In these dark times, anything helps. I was wondering from your experience how long does it take for Asylee to get their green card excluding the 1 year requirements? All the USCIS schedules seem to only discuss green card applications based on other eligibility then asylum. Thanks!
Hi jazon
I aplied for my green card 2 weeks ago after my asylum was granted over a year ago
I overstayed my visa for 1 week before submitting my asylum application last year! For the question in the form i485 , have you ever violated you non immigrant status i answered no ! I send a letter to correct that answer to yes ? Do you think is going to be ok or it will has bad consequences ????
Thank you for answering me
As long as you sent the letter, you should be fine. The letter should include the receipt number and your alien number, and maybe a copy of the receipt for your case. Keep a copy of everything you send, and send it by certified mail, so you have proof that you sent it. Take care, Jason
Thank you sooo much for your answer! I really appreciate it
One last question plz !do you think it will delay my case the fact that i sent the letter for correction !!? Thank you
I doubt the letter will cause delay, but since everything these days is delayed, the case may not move so quickly anyway. Take care, Jason
Hey Mimi, I just applied for my GC as well. Filed for asylum month 7 after my arrival in the US (lawyer went into labor prematurely so..yeah had no way of predicting THAT).
My husband consulted a lawyer who said to answer this question with no since we filed within the year, and we went with that even though it didn’t feel right because well, lawyer and all. I called USCIS to ask, and they said they couldn’t give specific answers (duh), but to go with whatever my lawyer advised.
Did you mean you applied a week after the expiration of your visa or a week after the 6 months authorized stay for the B1/B2?
Hi Jason,
I know you can’t answer case specific questions, so I understand if this isn’t generic or broad enough for you to respond to:
I applied for asylum a month after the 6 months’ authorized stay under my B1/B2. I was advised to answer the “have you ever violated the terms of your nonimmigrant visa” question with no and that’s what I did, but I was definitely reluctant. I was forthcoming otherwise, and stated that the visa was applied for with the intention of seeking asylum.
Would you recommend that I send in a letter changing the NIV answer once I have a receipt number to reference?
Thanks in advance!
This is an issue for many people, and in the past, there was never a problem (as far as I know). However, now, with USCIS looking for an excuse to cause trouble, it is not really clear how to best answer the question. One possibility (for people who have not yet mailed the form) is to answer the question how you think best, and then next to the question write “see cover letter.” In the letter, you can explain that you are not sure whether you violated the terms of the NIV, but that you came here and then overstayed for one month before you filed for asylum. Since you already mailed the case, you could write them a letter (with a copy of the receipt, so it can be matched to your case) and explain what happened. If you are not sure whether you violated the NIV, I guess you can say you are not sure. I think the question of whether you violated the NIV could be argued either way, but given the one-month overstay, my guess is that you did violate the terms of the visa. In any event, providing an explanation may be the safest way to avoid an accusation that you “lied” on that question, so maybe the best approach is to send them a letter. Take care, Jason
Thank you for your reply! I will send in letters for me and my family once I have our receipt numbers.
Have a happy Friday 🍕
Cases we have done recently are probably taking 12 to 16 months from the time of filing until the time the person has the GC. It may be faster or slower, but that is about what we are seeing for most people. Take care, Jason
It is very long period…
Hi Jason so after waiting for a year . You have to wait another year after applying for green card !!??!
From the date you were granted asylum, you have to have one year of physical presence in the US before you apply for the GC. Whether the asylum case took a few months or many years, you still have to wait to apply for the GC. The one positive is that if you get a GC based on asylum, they back-date the GC one year (so if you get it today, it will say October 2, 2018). This gets you to US citizenship one year faster than normal. Take care, Jason
No sorry I asked you so after waiting for a year in order to apply for Green-card , did you say it takes another 12 months for USCIS to send you the green card after the 1 year period ? . So 2 years wait after asylum grant until you get the green card ?
It could be more or less that a year after you file, but what you write is basically correct. Take care, Jason
Hi Jason,
I filed a petition for my mother.
– Can she apply for asylum based on femail mutation and reglion persecution ?
– do I need to close the petition?
– do female mutuation cases have higher chance under The 9 circuit court
– would the petition affect the asylum case ?
– how long Does it take for asylum cases now days ?
Thank you
If she is in the US, she can file for asylum, but I am not sure what you mean by you “filed a petition” for your mother. Only a US citizen can file an I-130 petition for a parent, and the wait time for the GC is not very long. So there would be no advantage to filing for asylum, which can take anywhere from a few months to many years. But victims of FGM can qualify for asylum, though it is not an automatic win just because the person has FGM. Take care, Jason
Hi Jason actually IAM citizen
But it seems that they will deny her application due to public charge ( new Trump rule)
But anyway she lives under persecution in home country so I was wondering if she can come to USA (she has visa)
And apply for asylum.
My concern:
– will I need to close the petition first before applying for asylum.
– would the petition be an Issue for the asylum ?
– will they ask her why she hasn’t wait for the petition ?
Thank you
You do not need to close the petition – that would not really affect the asylum case. They could ask why she is not using the petition, and she can explain why. I do think she is better off getting the GC based on the petition than from asylum, but that is up to you. Take care, Jason
Hi jason
I want to ask you a question about my case. I was physically tortured and raped by 2 persons in my country. Both of them belongs to some political parties and police also didn’t treat me well and kept me in custody for whole night and abuse with me. Is i am eligible for asylum in US ? If yes what would be my category from race, religion or political opinion ?
Thank you jason for doing great job for asylum community.
Your category would depend on the reason they targeted you. If they targeted you because you are in a rival political party, it would be a political case. If they targeted you because of your ethnic group, it would be a nationality or race asylum case. Sometimes, this can be a bit tricky, and if you are not sure, you really should talk to a lawyer since people can lose their case if they cannot show a “nexus” or connection between the harm and a protected ground. Also, the harm in your case is very severe, and so even if it is now safe for you to return to your country, you may qualify for “humanitarian asylum.” If you are talking to a lawyer, ask about that as well. Take care, Jason
Hi Jason
How long does it take a judge to rule on change of venue motion.
Thanks
I think they are supposed to rule on motions in a fairly short time frame – maybe 30 or 45 days; I forget. We have seen such motions take a few months. If your’s is pending too long, call the court and ask the judge’s law clerk about the motion – you can find their contact info if you follow the link at right called Immigration Court. Take care, Jason
Hello Jason,
I have pending asylum case and still waiting for interview. my wife is green card holder and applied for me 2 years ago and now I want to go for GC interview. I have work for UBER for almost 2 months while my asylum EAD was expired and I forget to renew that. I stopped working and send my EAD in order to renew it. the UBER did not issue 1099 for tax return snice I did not hit their requirements( less than 200 trips). my concern is that this would be issue during my I485 interview? cloud they find this unauthorized work? I really fear and under stress about this problems. do you think I am ineligible to get GC? what would happen for my asylum case? thank you for great advices.
Most likely, you would need to leave the US to get your green card, and so you should talk to a lawyer about that (maybe you can do it here, but most people in your situation need to leave the US – I wrote about that on August 28, 2018). Given that you applied for a new EAD, I do not think that your work would be considered unauthorized. However, I am not sure. If your spouse becomes a US citizen, unauthorized employment will not block you from getting a GC (plus, you probably would not need to leave the US to get a GC if the spouse is a US citizen). If you get your GC based on marriage, you can then close your asylum case. Take care, Jason
thank you for your respond. I have status beside my asylum case. I read your article which was on August 28,2018. it seems I can get my GC without leaving the US. my only concern is 2 months gap between expiration date of asylum EAD and when I applied for renew my EAD( my EAD already expired when I was working, but I stopped working ASAP I realize my EAD had expired). I do not how to handle this issue during my interview if they ask me have you ever worked without authorization.
I think you need to talk to a lawyer about that. USCIS will know about it, and so you cannot hide it. I doubt the case would be denied for that unauthorized work, but I have not researched the issue and someone should check that. In the worst case, you would probably need a “waiver” to ask forgiveness for the unauthorized work, which is kind of expensive but should get you a GC. Alternatively, if your spouse becomes a US citizen, the unauthorized work has no effect on the case. Take care, Jason
Dear Jason
I have a question, today my case status changed to your interview is Scheduled.
I had 2 interviews already and was waiting for my decision for over a year.
Is this an error or something is not right
Please let me im so worried and devastated
Thanks.
I do not know – maybe they want yet another interview. You can email them to ask – you can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason
Thank you very much for your response.
Have you ever heard a third asylum interview before?
If yes can you please share.
I had 2 interviews already with over a year waiting for decision in btween.
How long does it take to wait for a decision for 3rd interview. Im so heartbroken and worried for another long wait again its like im starting all over again.
My office is arlington and im not from ban countries.
Thank you.
We may have seen a third interview once or twice. It is not common, but there may be reasons for it that are not related to your case (the asylum officer quit or did not properly do her job) or it may relate to the case – country conditions have changed, they need more info about an aspect of your case, etc. There is no way to know the time frame, but at the end of the interview, you can (politely) ask if they have any idea about when to expect a decision. Take care, Jason
Any one heard from Newark office. Pending application since 05/2016
Things in Newark supposedly have recently slowed down, as they are sending officers to do cases at the US/Mexico border. When they will return to normal, I do not know. Take care, Jason
Hi Jason,
I am an asylee trying to apply for a travel document I 131, which type of application and fee I should do, there are application type A a fee of $575 & application Type B &C fee of $ 130 ?
Thanks,
Sambod
Can you share your timeline and where you applied?? thank you
Applied January 2016, interviewed February 2019 referred to court and granted asylum at court June 2019. I expedited and requested motion to advance in both places.
Thanks,
Hi sambod
Can you please tell me how to file motion of advance in court. Bhai pls help me.
Thanks
I wrote about this on April 20, 2017. Take care, Jason
Which office did your apply
If you have asylum already, you apply for a Refugee Travel Document. If you have a pending asylum case and want to travel, you apply for Advance Parole. Both applications use form I-131, available at http://www.uscis.gov. You have to look at the filing fee info to know the fee, but if I remember correctly, the fee for the RTD is $220 and for the AP is $575 (but double check, in case I remember incorrectly). Take care, Jason
Arlington
Dear Jason,
I’m waiting since 2015 for the asylum interview, but there is no news yet. Do you have any idea how much more we need to wait? I filed my asylum in the los angeles office. It’s been four years and no news since then 🙁
Sam here.
Did you try to Expedite ?
No, I haven’t. I’ve heard it’s too hard to expedite.
I’m at Los Angeles too…waiting for 2 years but after seeing your comment 4 years and no interview I just lost Hope 🙁
Expedite requests are unpredictable and pretty random (at least that is now it seems to me). If you want to try to expedite, you should try – maybe it will work. I wrote about that on March 30, 2017. Take care, Jason
Unfortunately, I do not know how long you will wait. Last time I saw data about this, the LA office was moving, so you may want to try to expedite – I wrote about that on March 30, 2017. Take care, Jason
If I send request for expedited interview with medical Reports every month do you think they will eventually give me a interview ?Los Angeles Office seem like the worst , they don’t even have short list . They don’t bother to even send a letter with answer . What office currently have the highest acceptance of expedited requests in ur opinion ? My health deteriorating and I don’t have coverage .
If you can, try going there in person to ask. I doubt sending repeated requests will work (though, you never know). You can find their office hours if you follow the link at right called Asylum Office Locator. The last time I saw data on this, LA was one of the few offices that was moving, and so you may have a better chance to expedite there than elsewhere. Take care, Jason
I went there in person every time . They don’t even care , lady just ask you to hand over your papers and she says she will give it to management . That’s it . They don’t bother with anything
If you have a good medical reason for expediting, you can try to ask for a supervisor. Be polite, but explain that you have a severe medical condition and that the situation is an emergency. Another option at this point may be a mandamus lawsuit, but I do not know whether that would work in this situation – you can talk to a lawyer about that, and we wrote about it on October 2, 2018. Take care, Jason
Hi there- I’m a green card holder. My mother is a citizen of another country. Not the country I fled from. I would like to become citizen of my mother’s country. If I become citizen of that country, do I lose any rights to become citizen of US or will I lose right of Asylee?
Thanks.
If you have citizenship in a third country, you cannot normally get asylum, but this should not affect you if you already have a green card. If you want to be extra safe, wait until you are a US citizen before you get citizenship in the third country, but even if you get the citizenship while you only have a green card, I do not see why that would affect your status here. Take care, Jason
Dear Jason,
If the country situation has changed after 8 years, can principle asylum applicant (LPR) visit the country of precautions for just visit the sick relative especially if the original case was not against the Government and can the LPR possibly use the country passport if still valid? Plz advise the visit is not for a vacation purpose, it’s because of family member serious illness? The applicant will definitely has no attention to settle in the country, but still obtained the passport.
I have had clients do this without any problem, but USCIS is getting tougher, and I think there is some risk if you return. At the minimum, be prepared to explain why you returned and how you stayed safe, and maybe have some evidence (like your relatives medical records). Take care, Jason
Hey Jason,
Thank you for everything that you do btw.
My question is, I was granted asylum and now I am trying to apply for a GC. I overstayed my visitor visa by a month before i applied for asylum over a year ago. On the 485 form is a question that asks Have you ever violated the terms or conditions of your nonimmigrant visa? Is this in regards to my current asylum status or the visitors visa I had before? How should I handle this issue?
Thank you so much
Be careful about that one – the biggest danger is that USCIS accuses you of lying on the form when you just make a mistake. Maybe the best way to respond is to answer however you think best, and then circle the question and write “see cover letter” next to it. In the cover letter, you can explain what happened. My guess is that they will not care, but by writing the explanation, you avoid any chance that they will accuse you of lying. Also, I wrote a post about this issue on November 13, 2017. Take care, Jason
Dear Jason, there will be an asylum division meeting with USCIS in Washington on Nov 14th . Will you attend such meeting? And if so , would you be able to ask what they plan to do to assess backlog cases. This info is on USCIS website . Thank you very much.
I will attend and I already submitted a question about the backlog (since they now require questions like 3 months in advance). Anyway, if there is news, I will try to post something here. Take care, Jason
Hello Jason
We can’t thank you enough for your unlimited support and thoughtfulness. You’re the only and amazing resource to us. God bless you! I got a question for you. My asylum got approved a year ago and I am in the process of getting my Green Card. I was planning to travel to Europe in the upcoming few months once I get my GC and to apply for the travel document as soon as possible. However, my passport from my country will be expiring in a month and I can’t renew my PP because of my persecution issue with the corrupted government. Is that possible to travel outside the States using my green card and a travel document from USCIS even if my passport is expired? I got the opportunity to travel through the company I’m working now. Do you think USCIS will provide me a trave document even if my travel purpose is not humanitarian or emergency? I appreciate your help.
Once you have been granted asylum, you can apply for a Refugee Travel Document, using form I-131, available at http://www.uscis.gov. You do not need a humanitarian reason – for anyone with asylum, they can get the RTD. One issue – when you pay for the form I-485, you are entitled to an I-131 at no extra cost. Since you already paid for the I-485, you could try to use the I-485 receipt in lieu of payment for the I-131. That does not always work, but it would save you the RTD fee (which is not too much anyway). You could also just pay the RTD fee and then it should be easy to get. You may want to check with the embassy of the country where you plan to go, to see whether they accept the RTD. Take care, Jason
Thank you so much for your prompt response dearest Jason. I appreciate!
Hi Jason
Thank you for being so nice as always atleast you make us feel we have a safe haven.
I have a question to ask you, I have a friend who owes me some amount of money.
We are trying to get it down from a middle eastern country ( not the country that is on the application that we fear to go back)
We are thinking this person will send a direct bank transfer, At any point will this be questioned by the asylum office ?
Do we need pay taxes for the amount not earned in the US. Do i need to inform the tax office or mention it at the time of tax return filing.
basically is this going to be a questionable issue as to why we receive funds from outside US.
please let me know.
Thank you
I have never seen that as an issue. The asylum office may know about it, so you should be prepared to explain if they ask you. As for taxes, I do not know – you would have to talk to an accountant about that, but in general, when you loan money to a person and they pay you back, there is no tax (whether there is tax on any interest earned or fee charged, I do not know). Take care, Jason
Thank you again Jason have a great day ! God Bless you always !
Hello jason!
I went to get my decision and received a recommended approval, mu ead has expired since May, i have had 2 ead before, if i apply for a new one will i need to pay the $410 fee or it will be free because I’ve got the recommended approval and under which category do i need to apply? (C)(08)?
Thanks
I have not done that in a while, but if you check the recommended approval, it should tell you. I think you need to re-apply under the asylum-pending category and pay the fee, but check the letter to make sure it does not say anything different. Take care, Jason
Dear Jason,
I heard on the news that Trump cut refugee quota to 18,000 for 2020, could you please explain what does that mean? Will USA approve asylum only for 18000 people in 2020, and the rest will be refused because quota was filled? Thank you as always for your help and kindness.
This is not related to asylum cases. Asylum cases are for people inside the US who apply for asylum. The refugee quota is how many people we will bring from overseas as refugees (so for example, people who are currently living in refugee camps). Take care, Jason
Dear Jason can I apply for DV lottery while asylum case is pending interview?? thank you and greetings.
You can, but whether you can actually get the GC if you win, I do not know. You probably have to leave the US and that may not be possible. Since it is free, you might as well try. If you, consult a lawyer to see whether you can actually get the GC. Also, I wrote about this issue on October 5, 2015. Take care, Jason
Hey, moving to colorado, which is under Texas jurisdiction…how friendly they are to lgbt asylum? Didn’t have my interview yet.
Second to this. Does USCIS have good training about how to address LGBT asylum seekers ?
They do have a training unit about LGBT cases. Below is a link, but there may also be something more recent – I thought there was something published in about 2016, but I may be remembering that wrong. Take care, Jason
https://www.uscis.gov/sites/default/files/USCIS/Humanitarian/Refugees%20%26%20Asylum/Asylum/Asylum%20Native%20Documents%20and%20Static%20Files/RAIO-Training-March-2012.pdf
I meant Asylum officers and their decisions
I do not think I’ve done an LGBT case in that office, so maybe someone else here has an idea, but I have found them to be generally respectful to such applicants, and I do not notice much difference between one office and the other for such cases. Take care, Jason
Hi Jason, it might sound very different but the thought came to mind, can I apply for same asylum twice? since I submitted asylum application in Aug 2015 and still waiting for an interview and didn’t have one to this day, I was
wondering if legally I can do that thing.
Off course because of the new law I’m thinking that way for having quick interview.
Let me know what you think, you have great day.
I think you cannot – I think they will just match anything you file with your old, pending case, and so filing again will not help you in terms of the backlog. I have not tried it, so I am not 100% sure, but that is what I expect. Take care, Jason
Dear Jason and the forum,
Recently, I have had my I-730 Interview in the USA. Anyone knows how long does it take to receive the decision?
We have not done one in a while, but I remember that it was generally not so long – maybe a month or two. But of course, these days, everything is slow, so it might take longer. Take care, Jason
Hello Jason,
I would appreciate answering me the following question:
My individual hearing in the court has been scheduled for March, 2020. I came to US with student visa (F1), flying from Baghdad to to Amman airport, Jordan (I stayed in the transit hall for about 2 hours), then to Chicago. Will the Trump’s new rule affect my case in the court? The rule denies asylum to anyone who passes through another country on the way to the U.S. without seeking protection there.
That rule does not apply to you. I wrote about it last week and discussed that, so maybe check that posting if you want more info. Take care, Jason
Hi, Jason thanks for this information. It gives an idea of what can happen if we do not get success in the first stage. My interview was in Feb 2018 and waiting for the decision since then. My lawyer suggested filing mandamus. I have seen a few cases in these blogs where people got their approval after about 2 or 3 years, some got denied after the wait. My only concern about mandamus is if my case is in background check (because of Muslim male) I guess the same reply will be in mandamus and it will be not useful. what do you suggest?
You can try it. If they cannot approve (due to background checks or for some other reason), they can deny the case and send you to court. There, you can try again. Court is a long process, but at least you have some dates that usually don’t change, so you have a better idea of when the case will be resolved. Also, I have not seen the type of security background checks in court that we see at the asylum office. If you have not done so, make an inquiry with the asylum office before you file a mandamus, as that might help, maybe. Take care, Jason
Thanks Jason. Appreciate this.
Hello Jason, I hope you doing good and thank you for answering all our questions.
I have a question regarding my case. My case was referred to court by USCIS and I had 4-6 MCH where Judge would want different documents, proved alienaged, etc. Now, he gave us the date for our Merit hearing in 2020 but the twist is after he gave the date he announced that there will be another Judge for our Merit hearing, I am just curious how would this affect our hearing? Has this ever happened to anyone else?
It is fairly common. You can call 800-898-7180 and enter your Alien number. Press 1 and the system should give you your court date and your new judge, if that information is now available. Take care, Jason
Hi Jason
Many thanks for your help here. A quick question please. Can marriage to a GC holder serve as a defense during deportation proceedings or must the marriage be with a USC?
Thanks
If you want to get a GC based on adjustment of status, it may work to marry a person with a GC, but probably only in limited situations (talk to a lawyer about the specifics of the case). It could help for purposes of Cancellation of Removal, if you are eligible for that. Take care, Jason
Hello Mr. Jason,
Is there a way to talk to a real person at USCIS? I have an application for a travel document (I asked some questions before in other articles), but I noticed something weird. I called their number but I couldn’t manage to contact a real person. Also can I send an email to the mail address you provided in “The Bloggers” section in your website so you can understand what I mean by weird.
Thanks,
M.
If you post a question any where on the blog, I should see it. As for USCIS, you have to call 800-375-5283 and then work your way through the system before you get to a real person. It can be very annoying. Sometimes, you can have them call you back, which is easier, but the wait time can be long. Take care, Jason
Hi Jason,
When the asylum office refers to court the case after having written ” the person did not show past persecution or future persecution “, does this phrase make the case easier in court than other phrases such as ” inconsistencies in testimony ” , or is it the same, or does it have no impact at all (to the judge) ?
Thanks
H
I think the first phrase is better – the second phrase indicates that they think the person was lying. The first phrase means that they think the person was telling the truth, but for some reason did not qualify for asylum. Of course, it depends on the case, but we have seen a number of times where people with the first phrase got to court, and the DHS attorney and the judge just said that they disagree with the asylum office’s opinion, and they grant the case without a hearing. This happened to one of my clients a few months ago. Take care, Jason
Hi Jason,
Did you mean that the respondent got the decision without even having to attend the hearing ?
Thanks
H
No – we attended the merits hearing, but when we arrived, DHS told the judge that they thought the respondent should receive asylum, the judge agreed, and asylum was granted. It took about 4 minutes. This has happened several times, but of course, depends on the case, the DHS lawyer, and the judge. Take care, Jason
Hi jason
My case has been referred to immigration and reason is inconsistency with declaration and testimony. I want to know what happened in court ? Do attorney have to submit whole new declaration or can we make changes in declaration which we are going to submit in court about those inconsistencies or everything stays like that ? And when we submit everything its in MCH or individual hearing ? I think most of the discussion is around those inconsistencies that i did in asylum interview and how we can make them correct or judge make them believe?
Thanks jason
You should try to determine what the inconsistencies are. If you have a lawyer, you can file a Freedom of Information Act request to get a copy of your file, which may include the asylum officer notes. There are different ways to make the request. You can do it yourself using form G-639, available at http://www.uscis.gov, but there is a faster way to make the request (but I do not have that info off the top of my head; anyway, the lawyer should be able to find that info). In our cases, we usually re-write the affidavit and try to note and explain any inconsistencies from the asylum office. That is not always the best approach. Sometimes, it is better to not re-do the affidavit, but instead to prepare oral responses to any issues that may come up – it just depends on the case. If you are in court, you really would be better off with a lawyer, and so the lawyer can help talk through these questions. Take care, Jason
Hi Jason
Thanks for your reply. We(me and my lawyer from asylum office interview) know what are inconsistencies because AO asked me those questions in interview and we also sent the written response as supplementary declaration after the interview and AO said he will attach it to his notes for his supervisor. But i don’t know what happened. So in court hearing is it easy to convince the judge and dhs attorney ? My lawyer said in court hearing usually they ask about the same things again but its not easy to make them more clear. I don’t know what to do.
It is sometimes easier in court, sometimes not. You should assume the inconsistencies will come up again and prepare for that – maybe that means re-writing the affidavit to explain the problems or getting more evidence, but you should do whatever you (and the lawyer) think necessary. It is definitely possible to win a case in court that was lost based on inconsistencies at the Asylum Office – we have done that many times, but you have to prepare in advance. Take care, Jason
Hello Jason, this message is not to ask you about any information or doubts on asylum related topics but rather to thank you for your services and for being a light in the world for so many. We are all so grateful for you and wanted you to know that you are appreciated by many. What you do is beyond kind and amazing. You rock! Thank you 🙂
Thank you. Anyway, it gives me something to do and keeps me out of trouble. Take care, Jason
Hello jason!
I went to get my decision today, and they gave me a recommended approval, they said they need to fo a mandatory, confidential investigation of my identity and background, what’s that mean? And how long does it take?
Apparently there is some fraud with you otherwise you wouldn’t be so worried…
First of all you aren’t jason!
Secondly, I’m worried about the timeframe not what they might find, you don’t even know me, please just mind your business, you don’t know when i applied for asylum, how long i have waited to get an interview, and frustrated it is to thinking that i might wait another year or two
It is good news, in that you meet the definition of a refugee. They have to finish the background check before they can give you a final approval, and the wait time for that is not predictable. It usually only takes a few weeks or a few months, but it can be slower. I would give them 60 days, and if there is no news, you can contact them to inquire about what is happening. Take care, Jason
I had to got that same message too. Don’t worry, it’s just to make sure you are not an actual threat.
Dear mister jason! thank your for all you do. I am planning for delivering my evidences at the asylum office. I have been placed on short list. please can you say to me what else besides evidence shall I leave at the office? passport? birth certiricate , of my mine and derivatives? I want to do the right thing please advise.
I wrote a post about this on April 18, 2018. You should only leave copies of your documents. Bring the originals with you to the interview. Take care, Jason
Dear Jason , Can a derivative asylee travel to a third country,not one from prosecution . using their native country passport if asylum was granted on political basis? the travel document it seems like very little countries accept it. how do people even travel? this is mysterious.
Many people use their own passports, but as things get tougher, you have to be careful. For a derivative, this is less of a problem, and in most cases, they should be fine. If the asylum case indicated that the whole family is at risk from the home government, maybe they need to be more careful, but I have not heard about a derivative getting in trouble for traveling to a third country using the passport. I do think the person should be prepared to explain why they used the passport, in the (unlikely) even that they are asked about it. Take care, Jason
Thank you, that was very informative, as usual.
If you know, how often do DHS attorneys appeal decisions, %-wise? I’m guessing it depends on the attorney?
I don’t know, but it is pretty uncommon. I’ve probably only seen 4 or 5 DHS appeals in my own practice out of a few hundred cases, and when I review cases at the Board of Immigration Appeals for a pro bono project, I’d say less than 10% are from DHS. So I think it is rare. Take care, Jason
Hi Jason,
Please advise, can derivative asylee travel to the country of origin with LPR status using the country passport still valid without facing any issue on their return to the US? Also the passport has Asylum Granted stamp with written that you must take prior permission if you leave the USA, which make scenes since their status was as asylee at the time of entry? Do they still need permission while status is changed as LPR?
It should be ok for an LPR who was a derivative asylee to make this trip. However, these days, nothing is 100% predictable, so the person should be prepared to explain how he or she was able to return home and remain safe. Also, if the principal’s asylum case indicated that the whole family was in danger, it may be inconsistent for a derivative to travel to the home country, and I would be more careful if that is your case. Take care, Jason
Dear Jason and members in the blog,
Greetings to all,
I don’t know how to find a congressman in order to get help from him/her for my pending asylum. I tried to expedite my case with proof of my doctor paper; but it didn’t work. Frankly, I live in Alexandria, VA and I am originally from Afghanistan. I am really tired of this long wait, it damages my entire life day by day.
I do not know that a Congress person is more effective than an expedite request with a doctor’s letter, but you can try. There are links at right called House of Representatives and Senate. You can use those to find your representatives and then contact their office and tell them you need help with an immigration matter. They should be able to help with a letter to the Asylum Office. Take care, Jason
Can we ask what year did u apply?
Hi Jason! God bless you for everything you have done in the square of immigration, specially for ASYLUM seekers. I’ve been granted Asylum last month (August) in Cleveland OH. Your latest Post about “how to prepare an asylum interview” helped me a lot. Anyway I applied Asylum on January 2016 and get interview with asylum officer on August 15th 2019 and August 24th I was granted Asylum just like that!!! Unbelievable!!!. So far I spent lot of time to read your amazing and incredible Post every single day. Your Post helps me a lot
Thank you Jason🤝
good luck everyone
I am glad it helped and Congratulations on receiving asylum! Take care, Jason
Hi jason
My case has been referred to immigration court. Can you please tell me how can i know which judge is assigned to me ? I know there is 1800 number. Can you please tell me. Thanks
It is 800-898-7180. If you call that number and enter your Alien number into the system, the computer will tell you your next court date and the name of the judge. Sometimes, the Alien number is not yet in the system, and then you have to check back another day. Other times, they do not give the judge’s name. Another option is to call the court directly and ask the clerk you can find the contact info if you follow the link at right called Immigration Court. Take care, Jason
Hi Jason, it’s mandatory to send the Report of Medical Examination and Vaccination Record form, when applying for the Green Card? or what exactly should I do about it?
Thank You for all the support.
You can send it when you apply for the GC or you can submit it later when USCIS requests it – it is up to you. If you plan to submit it when you file, try to get it from the doctor shortly before you file, as it expires if it gets too old before you file. Otherwise, just get it when USCIS requests it and submit it soon after you get it, so it does not expire. Take care, Jason
Thank you Jason. You are so kind Sir, have seen you in person , you are so simple. God continue to bless you for your time.
Thank you, Jason
Hi Jason! It’s been 3 years since I had my asylum interview in Chicago office but i never heard from them after that, it’s really frustrating waiting for the decision for this long, I don’t know what to do or to expect. according you , what should I do? I think I am the only one waiting for this to long especially from Chicago office.
try to contact your congressman. I also had my interview in Chicago and got my approval last week after waiting for almost a year. I got my decision within a month after contacting the congressman. He was very helpful.
Chicago is usually pretty good, but some cases do take years. You can make an inquiry with the Asylum Office. You can find their contact info if you follow the link at right called Asylum Office Locator. You can also contact the USCIS Ombudsman for help – a link is also at right. They sometimes help with delayed cases. Finally, if nothing else works, you can try a mandamus lawsuit. We wrote about that on October 2, 2018. Take care, Jason
You are not on your own man. It has also been almost 3 years since I was interviewed at the same office but still no decision issued. I went and spoke with a supervisor but in vain. It has been more than a year since I requested them to expedite the decision but they never replied. I know what you might be feeling when some who had been interviewed after us got their cases completed but you and I do not represent anything. It is very sad and frustrating . Let us hold tight
You might think about a mandamus lawsuit in this situation – we wrote about that on October 2, 2018. Take care, Jason
I am a green card holder through Asylum. I have been terminated from my job due to position elimination. If I apply o the Unemployment Commission until I get another job, will it harm my citizenship application in the future?
Thanks
Are you terminated because they became aware that you are an asylee ?
I have not yet reviewed the new public charge rules, so you may want to double check but I think that they do not apply for a citizenship case, and also, I think unemployment does not count for purposes of public charge. I am not certain about this, so you may want to double check with a lawyer or maybe you can find some info on the internet from a reliable non-profit. Take care, Jason
Hello Jason, can you give me the checklist of documents when you usually apply Green Card for your asylum clients please? Thank you very much!
I do not have such a list, as it depends on the case. You have to check the I-485 instructions available at http://www.uscis.gov. Some things you need are a copy of your passport and birth certificate (if you have them), proof of the asylum grant, two passport photos, and the government fee (or fee waiver, form I-912). The most important thing is to make sure the I-485 is consistent with the asylum form and any other forms you filed with the US government. I wrote about that on November 13, 2017. Take care, Jason
Hi Jason,
My asylum application is pending. Can I work more than one jobs on my pending asylum EAD?
Can I keep working for my employer while starting an LLC and working for my LLC as well?
Thank you
You can work more than one job with an EAD based on asylum pending. You can also start a company if you want. Take care, Jason
Hello, i had my master hearing at L.A yesterday, i was given my my individual hearing December 2020, it is so frustrating, i do not know what should i do even there is maximum 50-50 chance to win.
Best.
Given the wait times for some judges, that is not too bad. If you want to try to make it faster, you can file a motion to advance. I wrote about that on April 20, 2017. Take care, Jason