Sometimes, cases do get moved by the court, but usually that makes them slower. You can ask to expedite the case – I wrote about that on April 20, 2017. As for transferring, this will probably make things slower, but the only way to do that is to move to a new jurisdiction. Take care, Jason

It should not affect eligibility, but it would have been better to provide an explanation for your “yes”. If you have the receipt, you can write the explanation, and mail it to USCIS with a copy of your receipt (so they can match it to your file). Maybe that would help move the case along. The concern is not that you would be denied, but that the case might be delayed while USCIS tries to figure out what your visa violation was. 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 🍕

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

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!

If you move, you are required to file a change of address (form EOIR-33). That could cause your case to move, but not necessarily. It depends on the judge, the DHS attorney, and you. You can try to keep it where it is, but if the Judge wants to move it, there is a not much you can do to avoid that. In many cases, the judges will not move cases that have been pending for a while. 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?