In the ongoing saga of the Trump Administration’s efforts to dismantle our humanitarian immigration law, the Departments of Justice and Homeland Security published a new rule imposing mandatory bars that prevent “convicted felons, drunk drivers, gang members, and other criminal aliens from receiving asylum.” The Trump Administration has not changed the law related to asylum–that would take an act of Congress signed by the President–and even when they controlled the Senate and the House in 2017 and 2018, Republicans did not attempt to modify the law. Instead, the Administration has been attacking asylum through regulatory and bureaucratic changes, many of which have been challenged in court.
This latest change is designed to block certain convicted and suspected criminals from receiving asylum. What’s wrong with that? Why should we grant refuge to criminals? I must admit that in the abstract, I don’t have a great deal of sympathy for asylum seekers with criminal records. They are asking for an immigration benefit after having violated our country’s law. However, when you actually meet non-citizens with criminal records and understand their circumstances, it is often more difficult to hold this view. Nevertheless, I suppose this new rule will be less controversial than others implemented by the Trump Administration, since it targets (supposed) criminals.
That said, there are a number of reasons why this new rule is bad. First, the Immigration and Nationality Act already bars asylum for many people with criminal convictions (and some who have been accused but not convicted). Those who are not barred under the old rules can still be denied asylum as a matter of discretion on a case-by-case basis, and few people with anything resembling a serious criminal conviction get asylum. So as usual with the Trump Administration’s rule making, this new regulation is a solution in search of a problem.
Second, some asylum seekers will be barred for committing a domestic violence offense even without a conviction. For cases in family court, it is sometimes necessary to admit guilt and enter a rehabilitation program in order to (for example) regain custody of your children. I worked on such cases early in my career, and I observed that people who adamantly claimed innocence would be forced to admit guilt if they wanted to reunite with their family. This is of particular concern for low income individuals, who are more likely to face government intervention in their lives. And so relaxing the rules about convictions will probably result in innocent people being barred from asylum.
Third, and on a related note, this new rule will have unintended “up stream” consequences for non-citizens in criminal or domestic court. They will now have a stronger incentive to fight their case and try to avoid any adjudication of guilt. This could result in people with minor issues (such as a second DUI or a minor domestic violence incident) failing to get the help they need, since obtaining assistance requires an admission of culpability. Thus, it will be more difficult to reach a good outcome in cases that would normally be amenable to positive government intervention.
Fourth, some of the criminal conduct targeted by the new rule is very minor–for example, the misdemeanor use of a false ID. Some asylum seekers use fake documents to flee persecution and enter the U.S. Others use fake IDs to work (and eat). Blocking such people from asylum is an unfairly harsh consequence for a relatively small infraction.
Finally, the new rule bars certain people from asylum if they are convicted of illegally re-entering the U.S. or for alien smuggling (and alien smuggling can be interpreted very broadly–for example, a person who enters the U.S. illegally and who helps a non-relative enter at the same time could be convicted of alien smuggling). Thus, the rule potentially prevents people from seeking asylum for fleeing persecution and coming to the United States.
Let’s turn to the new rule itself. One important point is that this rule is not retroactive. Meaning that if you have an old conviction, it does not bar you from asylum. However, if you are convicted after the rule goes into effect–November 20, 2020, unless blocked by a court–then you would be barred. So if you are arrested for a crime prior to November 20, 2020, but convicted on or after that date, you are barred from asylum. The new bars apply to aliens who are convicted of–
(1) A felony under federal or state law;
(2) An offense under 8 U.S.C. § 1324(a)(1)(A) or § 1324(a)(1)(2) (Alien Smuggling or Harboring);
(3) An offense under 8 U.S.C. § 1326 (Illegal Reentry);
(4) A federal, state, tribal, or local crime involving criminal street gang activity;
(5) Certain federal, state, tribal, or local offenses concerning the operation of a motor vehicle while under the influence of an intoxicant if the impaired driving caused serious injury or death, or if the offense was a second or subsequent DUI offense;
(6) A federal, state, tribal, or local domestic violence offense, or who are found by an adjudicator to have engaged in acts of battery or extreme cruelty in a domestic context, even if no conviction resulted; and
(7) Certain misdemeanors under federal or state law for offenses related to false identification; the unlawful receipt of public benefits from a federal, state, tribal, or local entity; or the possession or trafficking of a controlled substance or controlled-substance paraphernalia.
The new rule also makes it more difficult to modify or overturn a prior conviction in order to mitigate the immigration consequences of a crime. The rule specifically indicates that convictions altered for immigration purposes do not allow the applicant to avoid any bars to asylum. It has never been easy to reopen a criminal case and change a conviction, but some non-citizens have successfully used that approach to avoid the immigration consequences of their crimes. Under the new rule, that practice–already quite limited–will become nearly impossible.
The point to take from all this is pretty simple: If you are an asylum seeker, do not commit any crimes. The repercussions for even a small infraction can be severe. If you are arrested and charged with a crime (no matter how minor), or if you have a case in domestic or family court, you need to speak with a lawyer who is familiar with the immigration consequences of the charges against you.
To me, this new rule is redundant and unnecessary. Asylum seekers are often people who have had traumatic experiences, and sometimes those experience manifest in conduct that gets them into trouble. The old rule–which blocked most criminals but allowed for case-by-case adjudication in certain instances–was more fair, and enabled the fact-finder to consider all the relevant circumstances in an asylum applicant’s case. But when it comes to asylum seekers, the Trump Administration is not interested in fairness. Perhaps the courts will see fit to block this new rule, but to me, that seems doubtful. The vast majority of asylum seekers do not commit crimes, and under this new rule, it is imperative for anyone who needs asylum to keep it that way.
Hi Jason,
Thank you for your generous work. Take Care
Hello Jason, thank you for your service.
I have received my green card through marriage and I want withdrawal my asylum application from San Francisco asylum office.
I. Do they have specific form or I need to send email ask them what I need to do?
II. Do I need to explain why I want to withdraw and send a copy of my green card?
Thank you.
You should email them and tell them, and they will instruct you. You can find their email if you follow the link at right called Asylum Office Locator. Typically, once you get the GC, you inform the asylum office, give them a copy of the GC, and they close the case. It may take some months, but it should be pretty easy to do. Take care, Jason
Thank you so much.
Do i need to explain why I want withdraw my asylum application? I am worried if I explain any thing and want to travel back home they may use this information when I try to remove my conditional green card?
Thank you
If you have a GC, you normally would not need to explain. However, if you travel back home, it could still result in problems. The fact that you filed an asylum case means you told the government that you have a fear of return. The fact that you got a GC some other way does not erase the asylum case, and if you travel back home, it could cause the US government to believe that your asylum case was fake. I would be very careful about that, as it is possible to lose your GC if the US government thinks you lied about the asylum. I wrote about returning home after a grant of asylum on January 6, 2016. The same rules probably apply to your situation. Take care, Jason
Thank you so much. I am from Ethiopia and the government was changed in 2018 due to large protests and a lot of political prisons are free and the political environment and the county condition is changed: that is why I want to travel. Do you think this is enough reason why I can travel now?
Thank you,
It depends on the case and the reason you were seeking asylum. I think at a minimum, you should be prepared to explain why you returned and how you stayed safe, and if necessary, that your asylum application was true. I have clients who return home for brief trips and no one has yet had a major problem, but that is possible, and it is best to be careful. If you can answer the above questions, you will probably be ok, but be aware that there is some risk, though it is probably low. Take care, Jason
Jason and the readers,
Has anyone called the USCIS hotline recently and has been able to speak with a real person? I know that in the past there was a way to click through the choices (there are even manuals online) but now, it seems they’ve switched to the voice system only, and I didn’t have any luck with getting to a representative.
I haven’t done it recently. I try to avoid it because I hate it. Now, it sounds like it is even worse. I will say I have not heard about any changes to the system, but they sometimes change things without telling anyone. Take care, Jason
hi Jason
I was accepting my merit hearing for an asylum case this month but. it got postponed to next year we expedited earlier and got it sooner due to some medical condition so we are asking for any date available also asked for a shorter hearing to complete the case. I am hoping it will work hopefully
Good luck – I had 4 Merits Hearings cases scheduled for next week. I called yesterday and they told me that two are postponed. Maybe the others will be postponed as well. So far, since Covid, I have only had one Merits Hearing. Anyway, hopefully you will have some luck getting a sooner date. Take care, Jason
Dear Jason . As I get ready to fill out my AOS form I would like to ask about the NO BLANKS policy by trump which mean that if you leave the blanks spaces for stuff that does not apply to you , they reject. How do you go about this and most importantly do you put N/A IN ALL BLANK SPACES ? Please enlighten me and here is the Washington post article regarding that
https://twitter.com/crampell/status/1320483757300817922?s=21
I think USCIS will still accept I-485 forms that have blanks, but it is probably safer to write N/A, just in case. You can type N/A or write it by hand if you can’t enter it on the form. Some people write N/A in every space, but for me, if you have no children, for example, and you state that you have zero children, I do not write N/A in every space, since it is obvious. So far, USCIS has not rejected a form under those circumstances, but I suppose they might one day. So I guess if you want to be super safe, just write N/A in every space that does not apply. Take care, Jason
Hi Jason,
My husband and I will be applying for our asylum based green card next month and I have few questions I would like to ask.
1) Do we have to apply for our initial travel documents at the same time as the green card or will USCIS automatically issue them?
2) If the travel document is not automatically issued, requesting one with the green card will impact the processing time?
3)Can you please tell me how much your office charge for Green card and initial travel documents application.
Thank you
1 – If you want it, you have to apply for it. Currently, if you pay for the GC, you can also get an RTD, but USCIS is trying to change that, and so you will have to check at the time you apply. 2 – No – they are two separate applications. 3 – For most cases, we currently charge $1500 for a GC based on asylum and we would charge $200 for the RTD. Take care, Jason
Thank you Jason
Good morning,
For the first time I got my EAD card with my fingerprints on it. It is the third time to get an EAD card since I applied for asylum. To let you know, I completed my asylum interview almost two years ago and I am still waiting for a decision.
My question is, do you believe that having my fingerprints appear on the card an indication of my background checks are completed and I may receive my decision soon?
Thanks in advance,
I do not think that. If the category of the card is a-5, that means asylum was granted. If it is c-8, that means the case is still pending. If you have not tried it, you should probably email the asylum office to inquire about the case – you can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi,
You are right about my case status, and the category is C8. But I meant if having my fingerprints on the card this time means something about my background checks are completed. By the way, my wife’s card doesn’t have the fingerprints on it.
Thanks,
Maybe that is a new style of card – I think I have seen it before. But I do not think it means anything in relation to the asylum security background check. I may be wrong, but I have not heard anything about that before. Take care, Jason
OPTIMISTIC, finger prints on EADs are very common (the same goes for EADs with no fingerprint). My first 2 EADs (C-8 EADs) didn’t have fingerprints on them. Instead the cards had “fingerprint not available” imprinted on the face of the cards. The A-5 EAD had the fingerprint on it. I have also seen a number of EADs with the same information.
Perhaps if you had gotten an A-5 EAD, and not a C-8 EAD, that would be an indication that you had been granted asylum. For now, it would be careless for anyone to say that USCIS putting the fingerprint on the card is indicative of a grant of asylum.
Jamie, thanks for the explanation, and my thanks extend to Jason as well.
I have been waiting for the decision for almost two years. Nothing new. Surprisingly, it took less than three months to check my background to issue an EAD card. But, we are still waiting for almost two years to finish the checks!.
I am holding green card, we granted through asylum process, my husband was the applicant and I was the follower as his wife.
If I need to visit the home country for a month as my mom so sick and old, the question is what is the consequences on grant citizenship?
Appreciating your feedback on this at your earliest
It is usually fine for a dependent to visit the country. However, if your husband’s asylum case indicates that you are also in danger, you should be prepared to explain why you returned and how you stayed safe, and to have some evidence about that. Take care, Jason
Thanks Jason, with that being said, is it safe for a follower to fly home country while GC is pending? Nothing in my case as a principal indicate that follower was in danger, risk was only on me as a principal.
In that case, there should not be a problem for the dependent to go home for a visit, but the person will need a Refugee Travel Document to re-enter the US, and this could raise suspicion at the border when they re-enter, so the person should be prepared to explain that they were a dependent in the asylum case. Whether a GC application is pending should not make any difference (as long as the person is in the US for any appointments). Take care, Jason
Dear jason does the medical examiner for the green card have to be from the same city you live or it can be anyone in the country ? I am moving to a different place by the time I apply AOS but I know a doctor here that does the exams for less .
Hi- the I-693 can be completed by any doctor once he’s on the USCIS-approved list.
Jason will confirm.
As long as the doctor is on USCIS’s list, it is fine. However, keep in mind that these exams expire if you do not mail them quickly (I forget if you have to mail it 30 or 60 days after it is completed), so if you do the exam, you should plan to mail the I-485 soon after. Take care, Jason
Hi Jason and Community,
My friend and his family, just received their Green Cards (asylee) today just after 4 months from NSC. And i am surprised.
1. Processing says minimum 8 months to 32 months, receiving this fast is almost surprising.
2. They didn’t even send their medicals, is this even possible that USCIS will approve their Green Cards without Medical exams?
Let me know thank you
A lot of weird things happen with USCIS, so the time frame, while very unusual, is not an issue. However, if they never sent in the medical exam, I would be concerned that there is some sort of error here, which may come to the surface when they apply for citizenship (and if so, it may cause problems at that time, like taking away the GC and having to wait years more to naturalize). I would call USCIS (800-375-5283) and try to tell them that the GC was issued without a medical exam and see if they have anything to say. If this is an error, it is better to correct it now than later. Take care, Jason
Do you know which state ?
California.
Hi, Jason,
Thank you for your this post, it seems that this administration does everything to block people from seeking asylum in USA.
One of the examples of it is the new rule about unexpired valid national passports for diversity visa lottery entey. The instructions say:
“Exemptions from the Passport Requirement: The Department of State’s regulations provide for three limited exemptions from the passport requirement. These three exemptions are for: individuals who are stateless, nationals of a Communist-controlled country who are unable to obtain a passport from the government of the Communist-controlled country, and beneficiaries of individual waivers approved by the Secretary of Homeland Security and the Secretary of State. If you selected one of these exemptions on your DV entry, you will be required to explain how you meet the exemption you selected”.
So which one of these should asylum pending applicants choose? I’m not stateless, nor national of a Communist Controlled country, and neither 3rd option, my national passport expired and I can’t renew it because I’m afraid of persecution in my country.
I do not think the DV Lottery accommodates this position. Maybe just make your best guess and if you win, talk to an immigration attorney to see whether you can take advantage of the lottery process. To me, unless you are from a Communist country, the closest example is “stateless,” but in the legal sense, very few asylum seekers are actually stateless. Take care, Jason
Hi Jason, I’m an Asylee since 2018. My work permit is expired, my GC application is still not yet approved and my renewal work permit is also still pending.
So I give the Asylums Approval documents to my company but the HR say, they do not know that and cannot use it as work authorization. I may lose my job or have lost it already.
What can I do? What else can I tell them?
Urbaain , When did you apply for green card and from
Which STATE ?
UBRAIN, I am not Jason. He’ll respond soon.
What your employer is telling you can have serious consequences- not only for you but also for them. You are authorized to work in the U.S. by virtue of your asylee status. It is incumbent on your employer, specifically the HR department, to know the employment laws of this country. What’s the purpose of having an HR department if the department does not know who is legally authorized to work in the U.S.? Furthermore, it is the employer’s responsibility to verify if the employee, or potential employee, is authorized to work in the U.S. There is simply no excuse for this!
With that said, please see a link below that you can either print and give to your employer or send it to them via email. It’s from the U.S. Department of Justice. It explains that refugees and asylees are authorized to work; and discrimination against those authorized to work in the U.S. has consequences. The E-Verify link is also below the Department of Justice’s link (all U.S. employers should be suing E-Verify).
I am also not sure why you are still presenting an asylum approval letter if you were granted asylum in 2018 (though there is nothing wrong with using your I-94 as part of the employment verification process). By this time, you should have gotten your unrestricted Social Security card, which you are entitled to, and thereby a an ID from your state with no restrictive validity or information. These two documents can suffice for employment verification purposes, per USCIS’ form I-9 instructions (please see the form I-9 link below as well).
https://www.justice.gov/crt/page/file/1132626/download
https://www.e-verify.gov/employers
https://www.uscis.gov/sites/default/files/document/forms/i-9-paper-version.pdf
I really like that first link – Thank you for posting it. Take care, Jason
I mean, such situation is obviously not preferred with the employer…Even that person forced their way to stay…will they really be able to have a career development ?
Hi Jamie, thank you so much.
Yes I do have an unrestricted social security card and a 5 years Driver license but because they know that I’m not a US citizen, they ask for my proof of work authorization.
Thank You
Did you try providing the i485 application receipt with your tracking number? The broker at my bank asked for proof of residence and I used my GC receipt and he said thats acceptable.
It is unlawful discrimination and you can file a compliant with Depart of Justice civil rights division. The government lawyer can talk to your employer.
However that is not necessary, you can go to Social Security Office and apply for unrestricted Social Security Card. The HR department should have experiences using this to complete I-9.
This is very frustrating, especially since USCIS does not have such a clear statement of the law, which is that people with asylum are eligible to work even without an EAD. This document – https://www.uscis.gov/sites/default/files/document/guides/D2en.pdf – page 1, under asylee basically says that. Also, if you have your expired a-5 EAD and you applied for a new a-5 EAD, your old EAD was automatically extended by 180 days (as indicated on the new EAD receipt). Maybe some of this will help. Also, it may be illegal for the employer to fire you when you are in fact eligible to work, but I do not know the rules about employment. Good luck, Jason
Jason,
Thanks for sending this and the information.
Employers can actually be sued and fined (ignorantia juris neminem excusat), especially when the employee has presented the information to the employer. In this regard, the employer can’t claim that the employee was fairly dismissed as the employer would be: 1) in clear violation of the law; 2) acting unreasonably. They would be in violation of the law- the same way an employer would be if he hires someone unauthorized to work- as the law expressly forbids discriminating against someone presenting a document other than that which proves U.S. citizenship, or not hiring someone because you failed to act reasonably by researching the law/verifying the employee’s work authorization through government-available resources or sources. What further compounds the issue for the employer is the employee presenting all the relevant facts or information to the employer. As well, like I aforesaid, employers can’t claim ignorance of the law as a defense, especially when the employee (though the employee doesn’t have to) presents the information in clear, unambiguous language to the employer. At the end of the day, one of the caveats- and I am not even sure if you can even call it that- to running/operating a business is to understand the legal and social responsibilities, which are inescapable, that come with operating a business. You can’t, especially when the information is publicly available and a reasonable amount of effort was made to present it to you, claim ignorance of the law.
I would definitely advise the employee to have everything documented- especially his or her efforts in showing why the employer is in the wrong- and “lawyer up” if the employer refuses to keep him/her.
I think that is reasonable. It would also be reasonable for DHS to make it more clear that asylees are eligible to work. Take care, Jason
Hi URBAIN,
I am on the same status like you (asylee), and will apply for GC by next month. I have just received I 94 card from USCIS office after my request.
1. Have you received I 94 card from USCiS? I hope you already had. Did you provide this card to your employer?
Otherwise to my knowledge, Asylum Approval documents from Immigration Judge/assylum office just stating you are granted asylum cannot be a proof for your work authorization (as this is not listed in the list of USCIS acceptable I 9 docs).
2. If we have I 94 card, do we still need to have EAD?
My EAD will expire next year in March, and planning to provide I 94 to give for my employer when it’s due.
USCIS officer told me (when he handed me the card at the local office), this I 94 works like GC and good to use as work authorization/for anything in United State.
JASON —-CAN YOU PLEASE HELP ME ON THIS ALSO.
Thank you so much for your support!
You can work legally once your asylum case is approved, even if you do not have an EAD. However, it is difficult to convince many employers and DMVs about that, and it is more convenient to have the EAD card. If you work for a company with an HR department, maybe they can figure this out, but the USCIS guidance is not great/ Regardless, under the law, once you have asylum, you are legally allowed to work. Take care, Jason
Hi Jason! I finally got a decision granting asylum, after all these years of waiting!!! I want my fellow asylum applicant to not desperate, it will work one day for you.
Here is my timeline
Applied on 02/2014
Interviewed on 06/2017
Approved on 10/2020
Chicago Asylum Office
Jason! I wanna thank you so much for all your contributions to asylum community in the US. May God bless and reward you.
Thanks!
Truly Happy for you. I see 3 years intervals. I pray that you will not have to wait for 3 years after you file for GC
I was just gonna say the same thing. I think after all that time, there should be a fast track to GC with an immediate path to citizenship within at least one year. Seriously, if you are paying taxes, there is just no excuse. I personally don’t know why printing a piece of plastic has to take 5 months to 3 years in some instances.
Happy for Pelly and would like to express my frustration with GC progress. I was approved in December 2016 then applied for GC in December 2017. Then nothing so far and I have been waiting. Is this normal Jason?
Thanks,
Shalom
That’s very unusual shalom , from which state did you apply from ?
Shalom,
Did you make an outside normal processing time with USCIS? If so, when did you do it?
That is too long – you can call USCIS at 800-375-5283 to inquire about the card, which is outside normal processing time. Also, you can make an inquiry with the USCIS Ombudsman – a link is at right. This office supposedly helps with delayed cases. It is free and easy enough, and maybe it will even help. Good luck, Jason
Congratulations! And thank you for sharing this. That was a long journey. Best of luck to you in the USA! Take care, Jason
congratulations! . That was a long journey,after been waiting all this year i m glade to hear , i been granted last year on july 2019 and i apply my green card 3 month ago still waiting at end is to be a status to make you confortable , again congratulation and good luck in the USA! Take care,
hello Jason
thank you Jason for the help you are such an angle
I THINK YOU REMEMBER ME, about my motion to advance
SO I happen to talk to the clerk today. she told me we didn’t receive any motion from your lawyer. I was completely shocked because my lawyer keeps on saying to me that he filed already a month ago.
Oh boy. There may be an explanation, and it is also possible the clerk is wrong, but if your lawyer told you that he filed a motion, but he lied, that is a problem. I recommend you email the lawyer (so you have this in writing) and politely ask the status of the motion. I would not mention your conversation with the clerk (at least not yet). If the lawyer indicates a motion was filed, maybe just ask for a copy of it (you are entitled to that). I think you should start there, and if it turns out your lawyer is lying, obviously you will need to deal with that (and fire him and get a refund, and possibly make a bar complaint), and so I would start by getting documentation. Also, I would caution you that there may be a logical explanation and the lawyer may actually have filed a motion, so I would stay calm and stay polite until you know for sure. Take care, Jason
hi Jason
I am back here again
so I talk to my lawyer about the motion and he said, i shouldn’t be calling the court not suppose to ask for an update either . and I explain it to him that you said the motion is already filed and its been 1 months ago but I checked with the court they never got anything. so he is sending it again to the clerk maybe next week or so
I will keep updated though
I thank you Jason so much for the help
As a lawyer, I really do not like my clients calling the court or asylum office independent of me, as it can create issues. However, here the issue seems to be whether the lawyer was truthful to you about the motion, and this is important. You do have a right to know what the lawyer is doing, and if a lawyer files a motion, normally, there should be evidence of that (sometimes, the court stamps the motion, or if it was mailed, there may be a certified mail receipt or at least a copy of the completed motion). Hopefully, the lawyer is being truthful, but I do think you need to keep an eye on this to be sure. Take care, Jason
I think it was so bad I requested to expedite my case in asylum office by my own two years ago. I contacted to the representative office and the process was done by them .I never talk about it with my attorney.Does the attorney notice about the client’s action?
I’ve been waiting to interview since June 3015 in LA and I only send emails to greet some special occasions to my attorney.If Trump will be elected, I will send an email to my attorney and try to expedite by him.
Speaking as an attorney, I do not like when clients do not communicate with me. Especially on an issue like expediting. If my client expedites and we are surprised by that, we may not have time to complete the case and file it. On the other hand, if the case is already complete and filed, there is less of an issue. I do think either way, you should let the lawyer know what you are doing, so there are no surprises. Take care, Jason
Hi jason,
I need your advise on this one, i am on pending asylum since 2016 and i just moved to another state.
I have moved my asylum application also, i want to request to be added on the shortlist but i have heard rumor’s that the immigration officer will question you why you added yourself to the shortlist, why are you in hurry to jump the line to be interviewed. Since i am here in the US with my family, my reason to be added to the shortlist is i am too tired to wait for an interview and the fact that laws are changing ( a good example is your topic). I am hesitating to send out the request letter to the uscis office. please advise.
Best
Some office have short lists; others do not. Sometimes, you need a reason to be on the short list; other times you do not. I recommend you contact your asylum office and see what the criteria is. I think your reason is perfectly fine (even if it is very common) and some offices will allow you to get onto the short list. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason and Everyone,
Today I was stopped by the police officer he said i was driving in school zone at 30 mph. i didn’t realize the blinking light which indicates school zone is over. Anyways, he gave me a ticket and said either take driving classes or do 90 day prohibition of safe driving then the point will not appear on your driving license.
My question is about the consequences of this incident. What should i be selecting while i will be renewing my ead on the form? 2) will this incident bar me from anything in future? Or any other consequence which i should be known of? I have a 5 years clean driving record, this was happened today unfortunately.. :(.
Guys, please encourage me as I need some motivation and encouragement 😀
Thank you.
This sounds like a non-criminal traffic ticket, which would have no effect on your EAD or your status, as long as you resolve it. You are probably well advised to talk to a lawyer who knows about traffic issues if you are not sure, but it sounds to me like you can resolve this without much trouble. If you think there is any chance this could be a criminal issue, then talk to a lawyer. Take care, Jason
Jason, thanks for making this post. Very much helpful. Sometimes we asylum applicants, having EAD and good job with all other perks like insurance, driving license and little bit freedom, take everything for granted. And forget to keep in mind that there is a hanging sword over heads of all of us who applied for asylum. Post like this keep us reminding to be safe and aware of stop and go rules.
In truth, it is rare for my asylum clients to have criminal issues. But I know some factors which can lead to criminal conduct – poverty, depression, stress, lack of hope – are common among asylum seekers. Even so, such conduct is rare. Take care, Jason
Hi Jason thanks for the reply to my previous question
so, I did call immigration court. the receptionist said that he cannot find the motion to advance in the system and he ask me. did your lawyer filed the motion electronically or by paper? I said both so he suggests me to call the clerk sometimes they have it on their desk. I called and went to voicemail. don’t know what to do its been a month since we filed it
thanks in advance
I got chuckle Alex, it is nice coincidence. May be we receive the interview letter around same time as well.
Jason, thank you for this article.
I agree that many of the “new bars” are merely rehashing some of the existing bars to asylum (bars found in INA § 208(b)(2)(A). If you look more carefully at this “new rule”, you’d quickly discover that the intention of this rule is to becloud, by way of throwing in existing bars (those serious criminal offenses) to eligibility for asylum, though they are being deliberately and strategically specific with their “new bars”, people’s understanding, from a legal standpoint, of the actual bars to asylum. As well, using existing criminal bars to asylum eligibility does make it easier for them to win in court if they were to be challenged. After all, who would be in their right mind publicly defending/supporting a convicted felon or criminal- asylum or no asylum seeker? It is also imperative that we note that there is nowhere in the I.N.A. that expressly bars an asylum applicant from asylum eligibility solely because of “Illegal Reentry”, or using a false identification to secure a visa or flee persecution. Unless, of course- and the existing body of asylum law already makes a clear distinction- the applicant, having escaped persecution and arrived in the U.S., presents a document with the intention to fraudulently obtain asylum status, or purports to be someone s/he is not in a bid to obtain asylum status.
In Lin v. Gonzales, 445 F.3d 127 (2d Cir. 2006) it was held that “an immigration judge may be justified in some circumstances in concluding that a falsified document goes to the heart of an applicant’s claim for asylum, if it calls into question the authenticity of other documents submitted in support of that application”. The BIA has distinguished between (1) the presentation of a fraudulent document in immigration court in support of an asylum application and (2) the use of a fraudulent document to escape immediate danger or imminent persecution.
Also, in Matter of Pula it was held that: “An alien’s manner of entry is a proper and relevant discretionary factor to consider in adjudicating asylum applications, but it is only one of a number of factors and should not be considered in such a way as to deny relief in virtually all cases. The totality of the circumstances and actions of an alien in his flight from his country where he fears persecution should be examined in determining whether a favorable exercise of discretion is warranted”. In this case, it becomes adverse when the applicant claims to be a U.S. citizen by virtue of fraudulently obtaining a U.S. passport from overseas.
Please also see Akinmade v. I.N.S., 196 F.3d 951 (9th Cir. 1999) and Simonyan v. Gonzales, 175 F. App’x 804, 807 (9th Cir. 2006) which make it clear that lying to a Consular Officer or fraudulently securing a visa to escape persecution does not bar one from asylum eligibility.
Also, see Singh v. Holder, 638 F.3d 1264 (9th Cir. 2011), In Re O-D-, 21 I. & N. Dec. 1079 (BIA 1998), Pasha v. Gonzales, 433 F.3d 530 (7th Cir. 2005), etc. to get an idea of when you can be barred from asylum when using fraudulent documents or making false claims.
The language in I.N.A. Section 208(a), where it expressly says that any alien can apply for asylum if he or she is physically present in the United States, irrespective of such alien’s status, is at odds with what the Department of Justice (DOJ) and the Dept. of Homeland Security (DHS) when they recommend that genuine asylum applicants be barred from obtaining asylum because of a misdemeanor offense such as “Illegal Re-entry”. Essentially, what the DOJ and DHS are saying is that if someone “illegally” entered the U.S.- even if the person “illegally” entered the country to claim asylum on entry number 1- and then was deported, he would be barred from receiving asylum if he re-entered the U.S. “illegally”. This recommendation does not only fly in the face of this country’s own immigration law, it also does not take into consideration, which is arguably the more humanitarian side of things (but still…), a change in circumstances-the applicant converting his/her religion or changed country conditions since the first removal or unsuccessful asylum claim- such that the applicant’s life would be in grave danger if s/he were to be denied the refuge s/he seeks.
And, I am no fool: I know that the DOJ, through the Attorney General of the U.S. (AJ), can almost determine procedures for asylum, certify cases to him/herself, etc. However, one would expect that there would be, at least, a modicum of proper interpretation, understanding and application of your own laws.
Remember these bars are mostly for convictions and the INA gives the executive branch authority to create additional bars. Also, they can deny cases based on discretion. For these reasons, I suspect that these new bars will be upheld in court – maybe not in the lower courts, but in the Supreme Court. The hope (at least in the lower courts, which are less partisan) is that the new rules subvert the intent of Congress to only deny asylum under based on certain convictions, but like I say, I am not optimistic that it will be overturned. The best hope is that Trump loses (and leaves) and that a new Administration, with a passing interest in due process, reverses some of these changes. Take care, Jason
Jason, I haven’t really read the proposed rule. For the conviction aspect of it- specifically as it relates to false identification- which government would carry out the conviction, the applicant’s COP or the U.S. government? Would the false ID rule only apply to people who have lived in the U.S. (ignore the amount of time the applicant spent in the U.S.) and then file an application for asylum affirmatively? Would it (the “ID rule”) affect applicants who show up at the U.S. border and try to claim asylum? If it is the U.S. government who would do the conviction so they can bar the applicant from receiving asylum, how would that make sense if existing case laws, precedents, and legislative history effectively excuse an asylum from using a fake ID, for example, to escape persecution? Procedurally and legally, how would the U.S. government handle a case where an applicant, for example, was charged and convicted by his government for getting a fake ID (perhaps because his government prosecuted him and refused to give him a travel document) and who later shows up at the U.S. border seeking asylum?
Perhaps I am not understanding the proposed rule and need to read it first.
Also, I agree that the I.N.A. gives the Executive authority to create additional bars; however, the “new bars” should not fly in the face of the INA’s existing bar(s). The additional bars should make sense- or at least they should cohere with existing laws. If not, what’s the purpose of having the I.N.A. and legal precedents if the Executive can “create” laws arbitrarily or without regard for the law?
The person would have to be convicted under US law. I suspect that would mostly happen if they use a false ID to work or drive. I have not heard that happening at the border, but I guess it could. I do agree that the existing bars should be consistent with existing bars and should not render the remainder of the asylum law moot. I fear that the Supreme Court, which is pretty friendly to Trump in terms of his administrative changes to immigration rules, would approve this change (even of the lower courts might be inclined to block it as arbitrary and capricious). Take care, Jason
Hello jason quick question when you fill the green card application based asylum . I have me as principal and now my derivative that is adult too . It is two application , but on the I485 should
This derivative Asylee put principal or derivative ? It is confusing because it mentions family based as derivative but I don’t know how to interpret as Asylee base . Hope make sense
SIRILAN, this is not legal advice nor am I Jason. Jason will respond soon. I am explaining to you what I understand since I’ve gone through the process.
For I-485 applications, they must be done separately (it’s not the same as the I-589/application for asylum where you put your derivatives on the same application). That means that your derivatives, especially if they are adults, will need to do their own I-485 and are responsible for what they put on the form (please do not interpret this to mean that they can’t get help with filling out the form I-485).
With that said, you seem to be a little bit confused about the filing category under the “Application Type or Filing Category” section of the I-485. If you and your derivative(s) are asylum-based I-485 applicants, section 5.a (Asylee, INA 208) would apply to you. This category is under the the sub-heading “Asylee or Refugee”. It doesn’t mater if you are the principal or derivative.
Part 2, 14a-18 is for applicants who are being petitioned for. For instance, if you filed for your brother, mother, child, etc. who lives overseas or in the U.S., you would fill that section out. In your case, you and your derivative(s) were accorded asylee status and should select 5.a. I also don’t know if asylees, derivatives or principals, have priority dates for underlying petition(s). At least that is what I did or how I interpret(ed) it.
No I’m not confused I know it’s ASylee based . I’m just confused if derivative that was listed on asylum application . Will mark either Principal Or Derivative on part 2 of i485 . That’s my confusion
When I do I-485 for asylees – principals or derivatives – I put that they are the principal applicant. I think that is correct. You can also indicate somewhere that the person was an asylee derivative, and you can provide the principals information and approval letter, just to be safe. Take care, Jason
Hi Jason, do the principal and derivates applicant have to pay separate fee for their I-485 forms?
They each send a check with their own application. You can also pay by credit card or money order. Take care, Jason
hi jason
first of all i appreciate what you for our community ,honestly so gratefully .
second i have question to ask you , i apply 3 moth ago my green card application along with travel document and new work permit c9 so my question :
1- is a safe to travel 3 rd country with RTD but not yet get green card but still pending .
2- can i expedited my green card saying humanity urgent due my parent , keep on mind i did expedited my asylum interview last year and got approved.
3- i didnt include my medical examine with the application can i send right now and how to send it please any guide, or wait the RFE or interview which i do not expect. at all
thank you so much again
kevin.
1 – As long as the RTD is valid, you should be fine to return to the US. 2 – You can try. I wrote about that on January 29, 2020. 3 – I would wait for them to request it, either in an RFE or at the interview. This should not be a problem. One point – if you are adjusting based on being an asylee, I think you cannot get an EAD based on c-9; it should be based on a-5. We have used c-9 in the past, but not for a while, as it seems USCIS stopped accepting that. Anyway, hopefully it will work, but if not, they should inform you and you can re-send. That should have no effect on the I-485. Take care, Jason
Jason sir thanks for everything. I see people talk about the Filing of AOS , when you put everything in the envelope , do you staple the form or how is the best way to arrange this residence application ? Thank u
We use a two-hole punch and then a metal prong, but you can also stable everything together – the problem is that with all the supporting documents, you need a very big staple. You can also use a binder clip or maybe a rubber band, but somehow, you should make sure everything is together so it does not get separated. Take care, Jason
Dear jason what would the best approach be for asking for expedite when applying for I485 ? Should I wait until receipt , or do you incorporate it as main page cover letter in such package . And also , it is for both me and my daughter but she is over 21 now and it is separate applications , so I assume the expedite would have to go on both ? I’m
Not sure how to handle this. I appreciate your advise
I wrote about expediting with USCIS on January 29, 2020. Basically, I think you should include the request when you send the I-485. Each of you needs to file your own case, and so you will each have to include the expedite request in your own case. Take care, Jason
Thank you very much Jasón , lastly should I put this Expedite request on top of the whole application , separated from it. I am going to fasten the app either he documents but that should be separte on to top you suggest ? Again thank you
Somehow, make sure they see they expedite request. I write it in the cover letter and sometimes highlight the expedite portion (if I am feeling artistic). Take care, Jason
Hi,
Has anybody received any interview date in Houston Texas recently? I applied in 2015 and still waiting for interview.
Thank you.
hello Jason
this the 2nd time my individual hearing date change in court
first, it was June 2019. then I request an advance motion. got motion granted in 2 weeks so my individual hearing supposed to be last month but the date changed again to Oct 2021. it’s very frustrating
I have a severe medical condition for 5 years I am dealing with so we requested a motion to advance hearing its been 3 weeks no reply yet, my judge granted the motion 2 times earlier too. it was the same reason all the time.
thanks so much
I have seen that happen before. It is worse these days, due to the coronavirus. All you can do is send another motion to advance and maybe call the clerk to explain the situation. Sometimes, if you can talk to the judge’s clerk, the clerk can communicate with the judge and it might help. Take care, Jason
Hi Jason thanks for the reply
so, I did call immigration court. the receptionist said that he cannot find the motion to advance in the system and he ask me. did your lawyer filed the motion electronically or by paper? I said both so he suggests me to call the clerk sometimes they have it on their desk. i called and went to voicemail. don’t know what to do its been a month since we filed it
thanks in advance
It is not so common for them to return calls, so you may have to follow up, but hopefully, this will help. Good luck, Jason
Hi Jason
I had my interview 3 weeks ago, and right after that the case status was changed to “the decision was pending” , and just today the case status got changed to “my application is pending”. What does that mean? Any thoughts?
I think it is meaningless. Maybe it could mean that they need to interview you again, but I do not know. You can email them to inquire – you can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Just to let people know about my positive experience, my immigration attorney filed for a shortlist request in late August this year as I filed for asylum back in late 2015 and I had my interview almost 3 weeks ago, they were incredibly fast. I had an in-person interview and will be notified of the decision by mail due to COVID procedures. I am in SF. From my experience, not a lot of immigration attorneys know about the shortlist request, I found out through my research which really surprised me.
That is good – we have had less luck with the shortlist, including in SF. It is very hard to see how the asylum offices are working, as there is a lot of randomness. On the other hand, SF is a very good office, and hopefully you get a positive result soon. Take care, Jason
It’s interesting.I filed June 2015 in Los Angles and asked the LA office in person about shortlist 3 years ago .There is not any shortlist in LA office but there is in SF .Both in CA but different policy about it.
Hi Jason,
I think I would pay my EAD renewal + biometrics fees with my credit card so it would be fast to check when USCIS approves it and withdraws the money. Do you think it’s a good idea?
Thank you,
I rarely do that – I prefer to pay by check, but I am old school. I think it is perfectly fine and you will know if the payment was charged to you. Take care, Jason
Hi jason , question do you need certified and notarized transactions of birth certificates and supporting documents when applying for green card ? How do you go about this ?
I have never done that. We submit copies of documents and – if there is an interview – we bring original documents to the interview to show to the officer. Take care, Jason
Hi Jason
I am an asylee who applied for a travel document last month, the status online always shows that fingerprint fee was received, do you think that sometimes USCIS would process RTDs without re-taking fingerprints? did any of your clients experience that? Thank you!
Other people posting here have mentioned that they issued a travel document without getting new fingerprints. We have seen that for several applications, but I do not remember whether any of our travel document applications got new fingerprints or not. Take care, Jason
Hi there,
Has anyone received an interview date in Boston? I have been waiting since 2014 🙁
Thanks!
Hi Reema I’m waiting since August 2015 in New York. No interview date expedite 4 times didn’t work, looking for a interview letter on mail box some random day.
Oh, we are almost twins), I’ve also been waiting for an interview in New York since August 2015 and also tried to speed up the interview four times, nothing worked.
Dear Jasón how can I expedite. A case with USCIS , where do I send a letter ?
I did a post about that on January 29, 2020 – that discusses how to expedite with USCIS. The short answer: For a case that is pending, tt is probably best to start by calling them: 800-375-5283 and then go from there. Take care, Jason