Recently, I have been presenting a new argument for my female asylum clients from Afghanistan–that if they return to their country, they face a “pattern or practice” of persecution. Under the Taliban government, women in Afghanistan cannot pursue an education or work in many professions, they cannot travel abroad or safely leave the house without a male companion, the government will not protect them from forced marriage or domestic abuse. For these reasons, the argument goes, any woman who lives in Afghanistan will suffer persecution. Ergo and ipso facto (to use some fancy lawyer language), every Afghan woman in the U.S. should qualify for asylum.
A similar argument could be made about asylum seekers from many different countries. Such a claim is particularly helpful where the applicant did not personally face any threats or harm, and so might otherwise have a weak case for protection under United States immigration law.
In this post, we will discuss the meaning of “pattern or practice” in the asylum context, who might benefit from this argument, and how to present such a claim.
As always, it is best to start with the law, which can be found at 8 C.F.R. § 1208.13(b)(2)(iii)—
In evaluating whether the applicant has sustained the burden of proving that he or she has a well-founded fear of persecution [and thus qualifies for asylum], the asylum officer or immigration judge shall not require the applicant to provide evidence that there is a reasonable possibility he or she would be singled out individually for persecution if: (A) The applicant establishes that there is a pattern or practice in his or her country of nationality or, if stateless, in his or her country of last habitual residence, of persecution of a group of persons similarly situated to the applicant on account of race, religion, nationality, membership in a particular social group, or political opinion; and (B) The applicant establishes his or her own inclusion in, and identification with, such group of persons such that his or her fear of persecution upon return is reasonable.
In other words, to receive asylum, an applicant does not need to demonstrate that she faces a specific, individualized threat of harm in her country, if she demonstrates that there is a “pattern or practice” of persecuting members of a certain group, and also demonstrates that she is a member of that group. Probably the prototypical example is Jews in Nazi Germany. Because the Nazis tried to murder all Jewish people, any Jew–regardless of whether he faced a specific threat–could qualify for asylum from Nazi Germany. Other, modern day examples, might include Uyghurs from China, Baha’i people from Iran, Rohingyas from Myanmar, and LGBT individuals from most countries on earth.
To successfully present a pattern or practice of persecution (“POPOP”) claim, you need to demonstrate that you are a member of a group that faces persecution on account of your race, religion, nationality, political opinion or particular social group. So if you were a religious minority, you would want to present evidence of membership in that religion (a letter from your temple or from a religious leader, photos at religious events). If you belong to an ethnic minority, you need evidence of your ethnicity (proof that you speak the ethnic group’s language, ID documents listing your ethnicity). If you belong to a particular social group–such as “gay men” or “women”–you would need to demonstrate that your PSG is cognizable (i.e., valid under the asylum law), which can be a complicated analysis. Also, you would need to show that you are a member of that group (evidence would vary depending on the specific PSG).
Next, you have to demonstrate that your group faces a pattern or practice of persecution in your country. This is different from a “normal” asylum case, where you need to show that the government or some non-state actor wants to harm you (specifically). In a POPOP case, you need to show that the persecutor seeks to harm everyone in your group. To satisfy this requirement, you need country condition evidence about how your group is persecuted. This might consist of human rights reports, news articles, and expert witness letters. I wrote here about the types of evidence that are helpful in an asylum case.
To succeed in a POPOP case, the harm to your group would normally be severe and pervasive throughout the home country. For example, if the government persecutes some members of your ethnic group (say, those who are politically active) and not others, you would have a difficult time demonstrating a pattern and practice of persecution based on membership in that ethnic group. On the other hand, if all members of the ethnic group face harm, you would likely have a strong POPOP case.
For most asylum applicants, the POPOP argument is probably not all that helpful, since most applicants have faced prior threats or harm and will base their claim on those problems. But for those who belong to a persecuted group and have managed to avoid being harmed or threatened themselves, a “pattern or practice” claim can be a powerful tool to increase the likelihood that your asylum application will be approved.
Hi Jason,
I hope all is well. My Police Clearance Certificate was rejected by NVC reasons given in the messages- Please replace this with an acceptable police certificate from a correct issuing authority. Please use our Document Finder at https://nvc.state.gov/find for acceptable documents guidelines.
I checked the guidelines and the certificate, the issuing authority was correct. mine was proper and better scanning.
May i know the exact reason they rejected? it would be difficult and will cause a huge delay if i apply a new one.
Thank you for your time and help
I hope a feedback from you.
Thank you.
Hi Jason,
I apologise. Sorry! I hit send too soon. I rechecked the guidelines and the certificate. The issuing authority in my certificate was incorrect. I am going to reapply the certificate because the authority did not give me a police clearance, they gave me background check certificate.
Thank you.
Hopefully, that will do it. Take care, Jason
It may be an NVC error, but I do not know. I think you should have a lawyer who does consular cases take a look at the document and the State Department requirements. Hopefully, you can submit an explanation about the document rather than getting a new document, which sounds difficult. Take care, Jason
Hello Jason,
Thank you once again! I was referred to the court and my master hearing is February 2024. However few days back, I was robbed at gun point and suffered serious trauma consequently.
Immediately after the robbery. I called 911 and the police arrived the scene, took my statement and was able to chase and apprehend the robbers within an hour thereafter. They are now in jail.
My question therefore is, whether I will be able to apply for U Visa as a victim of armed robbery, even as my asylum is pending. Please advice me.
You can apply for a U visa at the same time as your court case. U visas can be tricky, and so if you can find a lawyer to help, that would be good. Some non-profits do U visas and that is a good place to start. I did a post with links to local non-profits on September 22, 2016. Take care, Jason
Hi Jason,
I have a question, I have a pending asylum case, and I want to apply for a travel document. With a pending case, which category applies to my situation? I want to go see a relative in Europe next summer for a wedding. I hope my question is clear.
You would need Advance Parole, form I-131, available at http://www.uscis.gov. I would apply soon, as these can take many months to process. I wrote more about AP on September 11, 2017. Take care, Jason
Thank you for your answer, Jason.
The last question, since I have a pending asylum case do I have to pay for the Advance Parole?
There is a fee for AP for people with pending asylum (though if the asylum is in court, AP will not work). I wrote about AP on September 11, 2017. Take care, Jason
Dear Mr. Dzubow,
After waiting for 33 months, our I-485s were finally approved today! The current status is “New Card Is Being Produced” and based on my RTD and EAD apps experience, we should receive them in the mail by next week. Woohoo!
I have a couple of questions for you:
1. Besides starting the timer for the naturalization process and having a “REAL ID” to fly domestically next year, what type of additional benefits will we have (vs asylum status)?
2. I was the derivative applicant for our asylum application (my father is the principal). Would I have issues with USCIS/CBP if I manage to obtain my home country’s passport (not sure if they would issue one anyway…) just to travel and visit asylee friends in Canada? (Canada changed the land entry requirements earlier this year so Green Card holders need a passport too to enter Canada by land/boat. Before this April, I-551 was enough to enter Canada by car/boat/bus.)
Thanks for answering our questions over the years…
1 – You can use the GC to re-enter the US. Otherwise, I do not know of a lot of differences between GC status and asylum status. 2 – I think that is very unlikely, unless maybe your father’s case indicates that the government is persecuting the whole family and would not issue you passports. I wrote about this issue (mostly for the principal applicant) on May 25, 2022. Take care, Jason
Hello Jason,
I hope you’re doing well. I have a question, if it’s okay for a person with pending asylum interview (for years) to apply for TPS? I thought that it was okay. But my friends spoke to the lawyer and he advised them not to apply, because it could damage their asylum case. Sounds weird to me. It would be nice to hear your opinion.
Thanks
I do not think it would damage the asylum case, and TPS gives you more ability to travel overseas and return than a pending asylum case. The only possible issue that I can see is that if you are denied asylum and have TPS, you may not be referred to court (I am not sure about this, as USCIS does not always behave consistently on this point). Some people prefer to go to court so they can try again for asylum with the judge rather than have their case denied and they just remain in the US on TPS with no more asylum case (though you can apply again for asylum with the Asylum Office). Take care, Jason
Hi Jason,
Thank you so much for all your hard work and advice.
I recently got my GC through marriage and was advised by the officer to withdraw my asylum application (affirmative, pending interview at the asylum office) since I got the benefit through other means. I’ve been looking online for a template to no avail. Do you have any resources regarding this withdrawal letter? Any leads will be appreciated.
Thanks again,
You can email the local asylum office and ask them how to withdraw, as different offices have different policies. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hello,
I applied for advance parole in April and I requested to be expedited and the stays has been updated to advance parole was produced on 08/18/2022 and we received the receipts two days later , but we have not received the advance parole and when I check the status it is still advance parole was produced , they did not mention anything about mailing them . Do you think it is a good idea to contact them and ask them to mail the advance parole or to wait more .
Thank you
I do not know whether it will help to call them again, but if the website says the AP was produced and you have not yet received it, maybe it is worth a call to see if you can find out what is happening. Take care, Jason
I applied for Refugee Travel Documents. In August I requested to expedite my case which was approved on September 1. 2022. On September 9, 2022 case was updated that we Approved your application but I’m still waiting to update “Travel Documents is produce”. What its means case approved?
Presumably, USCIS has approved your RTD. If so, I would expect them to send it in the next few weeks, hopefully. Take care, Jason
Just wondering- for an asylum applicant with legal presence in the US only, could he or she utilize automatic visa revaluation to apply for an employment based GC in Canada or Mexico? Said applicant entered the US with a F-1 visa that has since expired. Has this been done before and what are the risks involved?
I mean automatic visa revalidation
I do not do employment-based immigration and I do not know what an automatic visa revalidation is. I did write in general on this topic in a series of posts on August 28, 2018 and September 6, 2018, but you would need to talk to a lawyer who does EB cases to evaluate whether this is possible and to map out how the entire process would work, from where you are today until you get a GC. Take care, Jason
Hi Jason,
Thank you so much for the help you are providing on this platform.
I have a question about shortlisted. Do I need a reason to request a shortlist and how can I send my request, does it have a form or can I email them? And last but not least where can I send my reuest? So I really appreciate if you can help me with these questions. BTW, I live in Colorado and applied asylum on October 2017 with my wife and 2 kids.
Different offices have different policies, and so you would have to email your local office and ask about the short list. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Good morning Jason,
I am an asylee. My wife is a dependent asylee. She is not from COP.
If we get divorced or legally separate, how will it impact her asylee status and G.C and later on citizenship, considering that she is a dependent in my case?
Thanks,
If you divorce before she has a GC, she will keep her dependent status, but she will not be able to get a GC unless she first files a “nunc pro tunc” asylum application. This is just to prove that she was your wife and she does not need to prove a fear of harm in your (or her) country. Once that is approved, she can apply for the GC and later citizenship. The process is not fast, and so if you can wait to divorce until she has a GC, that would make life easier for her. Take care, Jason
Hi Jason,
Does it apply to legal separation too where we will be not divorced but separated?
Thanks
I do not know the subtleties of divorce law, and I do not know if there is such a thing as a legal separation. If you are not divorced, not living together, but still legally married, I think your spouse could still apply for a GC. Take care, Jason
I applied for Refugee Travel Documents. In August I requested to expedite my case which was approved on September 1. 2022. On September 9, 2022 case was updated that we Approved your application but I’m still waiting to update “Travel Documents is produce”. What its means case approved?
Presumably, USCIS has approved your RTD. If so, I would expect them to send it in the next few weeks, hopefully. Take care, Jason
Good morning Jason,
I am an Afghan. My native country passport has expired. I applied for asylum based on harm from Taliban and not the then government. But now Taliban terrorists are the “government” in Afghanistan. However former government sent ambassadors to other countries are still active in some of the countries. U.S. closed Afghan embassy and consulates. I want to travel to India, but India doesn’t accept RTD to issue visa.
If I renew my Afghan passport through Afghan Consulate in Canada which is still not “handed over” to Taliban, how will it impact my asylee status in USA? I won’t be visiting Afghanistan.
I have applied for G.C and RTD, but as said, India won’t issue visa on RTD.
Thanks,
I knew the embassy in Canada was operating, but I did not know it was issuing passport. I think if you get a passport from them, it should have no effect on your status. I would get documentation that the embassy is operated by the old government – maybe a print out from their website, for example, so you will have that if anyone in US immigration after asks about this. Take care, Jason
Hi Jason, I’m on pending asylum in Virginia since 2016. My employer asked me to move to SC for work for about 4 months, possibly will be extended. Should I notify USCIS about it? is it considered a “move”? I’m not planning to change my driving license and still receive mail from my VA Address.
Thank you
I think if you are keeping the VA address and only going to SC for a few months, you are probably better off not changing your address. Even if this issue came up at the asylum interview, it is easily explained. If the move becomes more permanent – i.e., you change your driver’s license, file taxes in SC or give up your address in VA – then you should file a change of address. Take care, Jason
Dear sir
I applied for Asylum on 6th August
And USCIS received my documents on 11 august 2022.
I have still not received anything from them
No Allien no yet
Receipts have been slow – we are still waiting for some from April, so hopefully, you will receive the receipt soon. Take care, Jason
Dear Sir
Thank you for the reply sir.
I just want to know if my Allien number receipt came after 6 month. Will I have to wait another 6 months to get work permit ?
Will this delay be counted in my work permit period ?
Normally, once you get the receipt, it is dated on the day USCIS received the application, and you can apply for a work permit 150 days after that date. In other words, the slow receipt probably will not increase the wait time for your work permit. Take care, Jason
Hi,
I have applied RTD for my wife’s emergency ( her dad has Cancer stage 4) on Aug 17 -2022,
As of August 31, 2022, fingerprints relating to your Form I-131, Application for Travel Document, status changed to Case Was Updated To Show Fingerprints Were Taken, I sent all documents and asked for expediting?
its ok to take 2 weeks after Case Was Updated To Show Fingerprints Were Taken?
THanks
I do not know about that, but I think you can try again to follow up with the expedite process, as that process is not easy. Normally, you would call them at 800-375-5283 to follow up. Good luck, Jason
I called them ad they said they don’t see any expedite process in the system ??
Ugh. I think you have to request that they expedite based on the emergency. You can call them again and make the request. I did a post about expediting with USCIS in general on January 29, 2020 – maybe that would be helpful. Take care, Jason
Dear Joson
Thank you for the great job and all the help you are providing on this platform.
I have a question i want to do a follow-up on my green card for humanitarian reasons. So i appreciate if you can help me with their email address or their contacts.
In live in state of Maryland.
Thank you
Sonya
I am not sure what you mean by “follow up,” but maybe you want to try to expedite? If so, I did a post about that on January 29, 2020 – maybe that would help. Take care, Jason
What happen when noncitizen brief was received by BIA but DHS brief was not submitted after the brief period hv expired?
That is very common. DHS often just “rests” on the record, meaning, the BIA will consider your brief and the IJ’s decision (and all the evidence and testimony), and make a decision in the case. Take care, Jason
Hello Jason,
Happy Sunday Jason, I want to ask these for a friend of mine who just became a US Citizen. His children were born before he become a US Citizen and they live outside the US, he wants to know if he can just go to the embassy in the country they live and request for there US passport or what can he do about it? Thank you Jason
I do not see how he has any claim that the children are US citizens. I think he needs to file an I-130 for each child. He should talk to a lawyer about the specifics of the situation to be sure, but as far as I know, that is his main option (a second option may be for the children to come to the US some other way and then he files the I-130 once they are here, but he should talk to a lawyer before trying that). Take care, Jason
Hi Jason,
I’m finding a lot of conflicting information about adjustment of status through EB3 while asylum is pending. Most sources say that you have to have applied for asylum while in legal status to be able to adjust it without leaving the country, while others cite INA Section 245(K) (inapplicability of bars to adjustment for certain employment-based categories) as grounds for adjustment if an applicant meets certain criteria. Do you know anything about this?
I do not do such cases, though I have heard about people successfully adjusting based on INA 245(k). I do think it is best to talk to a lawyer who does such cases and have the lawyer map out exactly how you will get from where you are today to having a GC. Also, I wrote more about this issue on August 28, 2018. Take care, Jason
@Mike, it all comes down to 2 issues: f when you submitted your asylum application you were in valid status, and if after you filed the asylum you maintained the status.
@Mike, it all comes down to 2 issues: if when you submitted your asylum application you were in valid status, and if after you filed the asylum you maintained the status.
Hello Jason, how long does N400 interview letter come in the mail after status update. It has been 10 days and still didn’t come and I am afraid interview would very soon that I don’t get the letter until interview time passes.
Thanks,
I do not know, but probably a couple weeks. I am not sure what you can do about it. If you have “informed delivery” from the post office, you will get a notice when the mail is coming. Otherwise, I guess you can try to call USCIS at 800-375-5283, but my guess is that you will receive the notice soon. Take care, Jason
You were right. I just received it today. Now lets get ready for the interview based on asylee. Any tips?
Thanks,
I did a post on December 2, 2020 that may help. Good luck, Jason
Hi Asylee~ green card
Good luck with your interview, i have a question, did you apply for N400 after 4 years getting green card or 5 years.?! I still a bit confused about 4 years and 5 years for asylee. Thanks for responding
When an asylee gets a GC, it is supposed to be back-dated one year (this does not always occur, however, and then you either need to try to correct the error or just live with the delay). So if you got the GC today, it would be dated September 14, 2021 (not 2022). You can normally apply for citizen 5 years after the date on the card, so overall, your wait time is 4 years after you get the GC, not the regular 5 years (also, you can mail the N-400 up to 90 days before your 5-year anniversary of having a GC, assuming you are otherwise eligible). Take care, Jason
Day 3:
I paid my final respects to my mother yesterday. I could not go view her in the casket. I just wanted to remember the mother I left behind 5 years ago. When the casket was brought to the altar, I burst into tears. This was not the way I was to return to see my mother. If I could do it all over again, I would have visited last year when I had the chance!
I know she is now my guardian angel.
My journey back into the US so far has been super smooth. In my COP I checked in using the airlines app and scanned the COP passport for the departure flight and entered my resident card when prompted.
Arriving at the airport, I scanned the passport at the kiosk, printed my boarding pass then went to the counter to drop off my checked luggage. Presented the COP passport and GC, no issues.
Did second verification of boarding pass, COP passport and GC at Check Point. No issues.
Went to gate, did final check and verification of COP passport and GC, no issues. Flight boarded and I was on my way back to the US.
Arriving into the US at customs and border security was gonna be the true test. Joined the line for US Citizens and Residents.
We were asked to take out our passports. Now, this part made me extremely uncomfortable. Everybody in the line is pretty much from my country, mixture residents, citizens and dual nationals. So, I am seeing my COP passports and US passports in hand. Here I am with this loud green Travel Document.
Knowing people from my COP are quite nosy, I became paranoid. I tried keeping it in front me and hiding it with the boarding pass.
Stood for a while because the immigration officer was asking each person so many questions. At one point he stopped to look and see how many were in the line. He pointed at me and told one of the staff folks triaging the lines to stop at me.
Finally, it came my time to approach the officer. I had to hand over the passport in clear sight of so many others behind me.
I became nervous, said good afternoon officer (when it was actually early morning). He looked at the green card, held up the Travel Document. Asked me to take my mask off (which I thought of doing as the first thing when I approached). Asked me what I did for a living. Responded with my occupation.
Gave me back my Travel Document and Resident and said you are good to go. And that was that! Or so I thought!
Went to collect my luggage for and find my next gate for my connecting flight. Upon approaching the entry way to find the next terminal, an immigration officer stopped me. Please take out your passport sir. Gave him my Travel document and GC.
Asked where are you coming from? Told him my COP.
What was the purpose of your visit?
Attended my mothers funeral while handing him a copy of the funeral program.
Officer: I’m sorry to hear that, my condolences.
How long were you there for?
3 days
When did your mom pass away?
Gave date.
Ok, Sir, I’m just gonna check your luggage to see the contents of it.
Explained the nature of the contents inside and he started to look through. Started asking more questions about my mom and what happened. Was really empathetic and sorry about what happened.
Asked me to zip the luggage up and offered his condolences once again.
Proceeded to find my gate and did one more border check: RTD and GC scanned, reviewed given back. Shoes off, contents of luggage added to separate bins.
After that was done, I am now waiting in the lounge area for my final flight home. Going to grab some Chinese food once I get into downtown. Shower, sleep and start work Monday and start the process of learning to live in a world where my Mom no longer exist.
These posts are beautiful and terribly painful. Thank you for sharing them. I also can’t help but think that your journey and what you describe are a wonderful tribute to your mother. On a more trivial note, I had not thought about the fact that everyone from your flight would see the RTD, which is obviously an issue. I am not sure what can be done about that, but it is one of the many unforeseen consequences of being an asylee. Take care, Jason
Hi Jason,
Your May article said: “Asylees and Green Card holders who received their status based on asylum are eligible for a Refugee Travel Document, and it is best to use the RTD instead of your home country passport.” Does that mean that attempting returning the US with our home-country passport along with our GC with no RTD is still an option?
I am granted asylum and am expecting to receive my Green Card next week. I applied for an RTD already last month and I was told that I need to wait 10 to 12 months before I get it. It is a long time to wait and in all cases, I cannot use that RTD to enter the third safe country that I am planning to visit as it doesn’t recognize US RTDs. I have to visit this country as my very sick parents cannot go anywhere else with their health conditions and I have not seen them for 10 years now.
That said, can I skip waiting for the RTD and travel to that country using my home-country passport and my green card only? I feel that my parents’ health status is a good cause to return safely. What are the odds that I run into troubles when I return to the US with no RTD in hand? Please advise.
You can use your COP (country of persecution) passport along with your green card. You can use it for departure back to US. The part I can’t guarantee is the experience presenting your COP passport and GC. I avoided doing this. But others have said it should not be a problem.
Just don’t renew your COP passport.
ENRONN SIERRA
Sorry to hear about your beloved mom. May GOD Rest her In Peace !!
Allow me to ask you a simple question. You landed your country with COP passport ( did not present your RTD),I am sure the immigration Officer must have Put Entry Stamp and Exit stamp while you departed your COP for USA showing the same COP passport. You landed USA with RTD presenting your documentation with GC at US port of Entry.
1. Did not the CBP officer checked yout RTD pages for any Exit and entry Stamps? What If the CBP officer , in case, asked you this question, then I am sure You would have been presented your COP as replacement to show Exit & Entry stamp,and that case he might have asked why did not you present this COP passport in the First place? My whole point is , Its kind of risky to travel COP ..
I need to look in the COP passport to see if it was stamped after I was escorted to the counter. The customs form was not given back to me.
My situation I consider unique though. If my COP passport had expired, I don’t think I would be going to my mothers funeral. The RTD being presented in the country where you escaped just looks like it would raise too many red flags.
My idea of using the RTD in the US is show I am not traveling on it. If and when the time comes for citizenship, I have all the necessary documents to present: death certificate, funeral program, boarding passes.
I have no desire to go back though. The past three days was a huge reminder why I left.
Yes, there is a stamp in my COP passport for the COP country. I noticed the Immigration officer in the US was looking through each page of the RTD, possibly for stamps or Visas. I think it would have been more complicated if it was stamped in the COP. The immigration officer would likely ask more questions. That’s just my theory.
Again, my situation is unique because of the validity of the COP passport. But I do have sound reasoning so if it’s brought up during application for citizenship I can explain the reasoning for my travel there.
You can return to the US with the GC and your passport, but it is safer for your immigration status to have the RTD (for the reasons discussed in that May article). It seems to me that you have a good reason to travel sooner, as the RTD wait time is ridiculous (and the fact that it is only valid for one year is also ridiculous). You should be prepared to explain why you traveled with the passport, but I think the likelihood of having a problem is very low, especially since you are not going to your home country. If you want, you can also try to expedite the RTD – I wrote about that on January 29, 2020. Take care, Jason
Thank you very much Jason. I would like to add that I have renewed my home-country passport 6 years ago and I will renew it again after a couple of months. I have presented my renewed passport already during my last asylum interview (they didn’t ask anything about it) and I have explained the reasons of renewing it in the RTD application cover letter (which is to able to visit my sick parents in a country that doesn’t recognize RTDs as mentioned above).
I believe that does not change your opinion (that the likelihood of having a problem is very low and I should be prepared to explain). Correct?
Correct – I think it is very unlikely that you will have an issue, but I do think it is good to be able to explain why you used the passport and why your home government issued you a passport in the event that you are asked (both at the border/airport and at the citizenship interview). Take care, Jason
Day 2:
I got some business wrapped up today. Transferred my siblings name on a bank account I had left behind. Pulled some money to pay some expenses including this trip. Had trouble getting the Internet I was paying for terminated. Tip, when you go back to your COP, make sure you have important government ID’s because you’ll have a hard time getting anything done if you don’t have them.
The bank for instance requires so much information from me such as my job info in the US, social security number (which I feel concerned about giving). It took about 3 hours to add my sibling as a joint account holder.
Finally, we headed to the family home. Going into the yard was tremendously overwhelming for me. Not seeing my mother out on the front porch I started to cry. The deafening silence was so hard on me. Not hearing her voice echo through the yard, the empty chair where she once sat. I wish I had come back earlier. This will forever haunt me. I laid down in her bed and weeped for a while. Looking around and seeing her material belongings, the lack of her existence cut deep.
I’ve taken some small items such as her lipstick, hair pin, a comb with a lock of her hair, scarf, blouse she wore and her reading glasses.
Seeing the grass growing and her flowers just reminded me of my mortality and how much our time is really short on this planet. I collected some important documents such as my birth certificate before we left.
Strange enough I felt like I was not leaving her behind, but spiritually taking her back with me and taking her away from the turmoil. On our way, we stopped by the funeral home, but I just couldn’t bare to go look at her so I stayed in the car. My sibling returned with the funeral programs for tomorrows service. My other relative also brought me the original copy of the death certificate. I just felt sick to my stomach reading how my mother suffered in the end. But hopefully she is at peace now.
Even though I am free physically to live the life I wanted to live, there is something about the physical world where you will always feel a sense of bondage. Even after I got my green card I still felt tormented. A day I’ve dreaded for nearly five years since I applied for asylum will happen tomorrow.
Hi Jason,
I was granted asylum by the immigration judge recently. What is my status in the US right now? Am I a permanent resident after getting an asylee status?
You have asylum status. After one year in the US, you can apply for a Green Card (also called lawfully permanent residence). If you have not already done so, you should Google “post order instructions in immigration court” and follow those, so you get an I-94 and a new work permit based on asylum granted. Take care, Jason
Hello Jason and everyone,
I am planning to file a mandamus for asylum delay I applied in 2016 LA asylum Office.
I tried everything contacted the congressman , contact asylum office multiple times requestied for expedited but all didn’t works so I decided to go for the mandamus .
I like to know if the mandamus will succeed in case you have pending asylum or if anyone has experience with it or if anyone tried before for pending asyulm interview cased.
Since they started to interview cases that were filled before 2016 I feel like the case fill after 2016 will keep waiting forever or they hire more officers for cases filled after 2016.
thank you
I do not do mandamus cases, but I have had clients file them with other lawyers and they seem to be very effective. Normally, rather than fight the mandamus in court, the asylum office will agree to the interview. Not always, but this seems to happen in most cases. Talk to the law firm that is helping you about this and maybe they can give you an idea about their success rate in LA. Take care, Jason
Thank you Jason,
Hi Jason,
I went to an interview on 07/27/2022
My case status on 09/08/2022 has changed from Decision is Pending to Application is Pending.
In the case history, a new record was added titled “You completed your interview with USCIS.”
What does it mean?
Thanks
In practical terms, I think it has no meaning. The interview is done and now you are waiting for the decision. Sometimes, that is fast, but often it takes months. I did a post about how to inquire with the asylum office on March 30, 2022 – maybe that would help. Take care, Jason
Hi Jason, thank you for your great post, is there any hope for those affirmative asylums who filed after January 2016 to be called for interview soon or we have to wait again for years? These days every body is talking about pending asylums that applied before January 2016, what about us? We are waiting for more than 6 years!
The pre-2016 cases are (hopefully) getting attention because they are the oldest. Once those cases are done, we hope the 80 officers will start on 2016 cases and then 2017. I have also been involved with a group (www.TASSC.org) and we have been lobbying for more officers to deal with cases from 2016 and afterwards. If you are interested in getting involved in that effort, I did a blog post on April 7, 2021 with some contact info and more information. You can probably also contact TASSC through their website. Take care, Jason
Dear Jason,
I recently from the vblog of the other immigration lawyer that the chief immigration judge issued an order that directed immigration courts (IC) to terminate the deportation proceedings until USCIS adjudicates another applications that would allow the person to stay in the US. In my situation (I have pending asylum and marriage cases), they say if I get the asylum interview first and will be unfortunate to be refused, then I still won’t be referred to IC until I get the interview regarding my marriage case. Would you please reflect on that? Have you heard about the order? Does it interpret the way they did in my case?
Best, Mago
I actually hope to get an advance parole soon. In the light of that order, if USCIS will deny my case, will I be able to travel abroad with AP before USCIS adjudicates my marriage based case?
If you entered lawfully and are eligible to get a GC based on marriage, you can get a AP based on the pending GC application (file the I-765 and the I-131 forms, and you will get a “combo” card, good for working and re-entering the US). Talk to a lawyer to be sure you are eligible to get the GC, but for the most part, people who entered the US with a visa are eligible to adjust based on marriage to a US citizen. Take care, Jason
I have heard that they are supposed to terminate cases where another application is pending with USCIS, but they do not always do that, at least in my experience. I have not heard cases will not be referred from the asylum office to court when there is another pending application. It would make sense, since courts routinely terminate when an applicant is eligible for relief, but I do not know that this is a new policy. At least I have not yet heard about it. Take care, Jason
Please can you set up an email subscription on your site so we could get updates directly in our email when you post?
I should do this but have never had time. You can follow “Asylumist” on Facebook or Twitter and get updates that way. Take care, Jason
@ Enronn Sierra!Thank you for the very help full information, and wish you return back safely.
Hi Jason,
We submitted I-140 application in June 2022 and since then we never received a receipt, checks were also not cashed out. It’s been more than 70 days and during all that time we made a multiple requests to the Service Center, Ombudsmen, Congressman. None of them got back with anything useful/concrete to us. While we were waiting for the receipt our PERM has expired and now we cannot resubmit I-140 as-is. Is there a way or any protocol that we can follow for cases where USCIS got lost a file? The only thing we have is a tracking number which says ‘Delivered’. Could you advise anything? Thank you.
I do not do I-140 cases and do not know about that specifically. I do know there have been delays for receipts in other cases, and so maybe this is a similar problem. I suppose you have tried to call (800-375-5283). It is difficult to reach a person, but if you do, they can sometimes verify that an application was received. Also, maybe you can consider filing the application again, with an explanation about the first application’s disappearance. Whether USCIS would accept that or allow you to rely on the expired PERM receipt, I do not know. Hopefully you have a lawyer to help you, but in a case like this, I do not know that the lawyer has any great solution. If the lawyer is a member of AILA, maybe the lawyer can make an inquiry through the liaison. If you do not have a lawyer, I think you should talk to one about how to proceed. Good luck, Jason
Hi Jason,
My asylum is recently approved and I want to visit my mom who is in my home country and who is really sick. Can I apply for Advance Parole for travel or obtain a refugee travel document to travel to my home country?
You need a Refugee Travel Documents which is very safe to enter United States. The important thing is, is your country accept RTD. Few years ago I heard from my friend that mostly African and Asian countries are not accepting RTD. And you have your own passport they first cancel your passport.
You are not eligible for AP, as you no longer have pending case. You should apply for a Refugee Travel Document, using form I-131, available at http://www.uscis.gov. You face potential problems and a risk to your status if you return to your country. I wrote about that on January 6, 2016, and so maybe take a look at that post. Take care, Jason
If your COP passport is still valid, don’t waste any time. Book the flight and go now!!! My lawyer said you can use it as long it’s under a reasonable circumstances. It’s not like you are going back there to have a grand old time and do frequent trips there.
Just DO NOT renew the COP passport though. That’s where it will raise a red flag. If it is expired, apply immediately for a RTD and expedite as fast as you can. They have a direct number you can call at 8 am. Just be persistent. If you have to take a couple days off from work to do it, do it.
They will likely ask what’s the purpose of travel and you need to have your AOS number ready.
It’s time this thing gets clarified once and for all. If you do get the RTD in time, use it along with your green card when booking your flight.
My strategy is to present my COP passport at immigration. I don’t think showing my RTD is wise. I’m in a unique situation though.
I’ll update the comments with my experience. Currently waiting on my connecting flight.
@Enronn Sierra, WISH YOU RETURN SAFELY AND SUCCESSFULLY.
So, I am back in my home country. The first thing I wanted to do the moment I step foot on the ground take another plane back home. There is just a sense of this place is just not my home anymore.
Going through Immigration has a hiccup. I tried scanning my COP passport at the Self Kiosk, but it kept erroring out. I asked one of the immigration officers for assistance. She was getting the error too. She then asked, do you have another passport. That was an oh shit moment for me. I paused and said no. I didn’t want to take out my RTD because I just knew this would be a red flag.
She asked, why did you take so long to answer that question. I followed up by saying I have a green card. She said, oh, ok. She said follow me and took me to one of the immigration officers.
The officer then took my COP passport, tried scanning and appears to have been experiencing a similar issue too. The officer then started manually reviewing the customs form I filled out on the plane and check marking it.
She didn’t even look at the Green card, gave me the customs form and told me I could go. Thank God! I proceeded to customs which was smooth. Asked how long I was staying and purpose of travel.
I was out of the airport and took public transportation to stay with a relative.
Here is what I think happened. Your ticket is associated with your travel document (passport or RTD). Because I entered my RTD in the US as my travel document, it actually followed me on my journey back to the COP right up to immigration.
I’m in a unique situation because my COP passport has not expired and did not want to use the RTD to raise red flags. I just knew it would! Just the color alone brings unnecessary attention.
If you end up in an emergency situation where your only travel document is the RTD it’s going to be a hard call going back to your COP. My hard advise is don’t do it.
My circumstances were very unique and it’s not always gonna play out the way it did.
The next part of my journey and hurdle is the return back home (America). They check your passport when exiting the country. This can be a tricky situation. Maybe Jason can chime in here. But I plan on using my my COP passport + GC for departure and GC + RTD for arrival.
This where I know I’m gonna have a warm time with US immigration. Because the ticket doesn’t match the travel document and of course the RTD and questions likely pertaining to why did I go back to my COP. So, being detained is likely a possibility upon returning. Worst case scenario is having issues with COP passport not allowing me to disembark from the COP.
So, it’s really complicated and my ultimate recommendation would be, wait until you get your citizenship. I wouldn’t recommend this without some solid status like a green card in hand.
Personally, I don’t see myself even coming back here when I get citizenship. My mother is gone and my siblings are starting to feel removed from me in a sense. So, I don’t have anything to come back here for.
Thank you for sharing this. I note that the GC has a code on it, which indicates that you received the GC based on asylum. No one would really know that, but it points to the idea that these codes should not appear on the GC. In terms of returning, I think your instinct is correct. I have also dealt with a similar situation for my relative, who has duel citizenship and wanted to leave the US with the US passport and enter Austria with the Austrian passport, but we decided to just stick with the US passport for all travel, so as to avoid confusion. Of course, this was not an option for you. I expect you will be fine to leave the country with the passport and GC and to enter the US with the RTD. Worst case, you may need to explain why you boarded the plane with your passport, but I think this is easily explainable, as you did above. Take care, Jason
Hi Enronn, hope you have a safe trip. I think you are overthinking it and needless worrying. The question of whether a former asylee (one who’s adjusted his status to LPR) is able to freely travel, without permission from the AG, was already clarified in BIA and appellate court cases. You are no longer an asylee (this status was terminated when you adjusted your status), and therefore you’re are no longer subject to the same rules- such as when, where and how you can travel, for example- as an asylee. Many former asylees (those with LPR status) are leaving the US and returning without being detained or interrogated, even when they go back to their country with that country’s passport. I can’t see, then, why a short visit to your country, because of an extenuating circumstance, would get you detained and interrogated. A cause for concern would be if you fear your government and the government is actively trying to persecute you but you were able to get a passport from the government and then travel to that country.
I wish you a safe journey. Take care, Jason