This post is by Larry Gollub, who writes: I first encountered a proposal to create a professional corps of asylum adjudicators while in law school in 1985 and immediately knew that was what I wanted to do. I had to wait till 1991 for the government to create the asylum corps, but was hired with the second wave of new officers in 1992, serving with the asylum corps in one capacity or another until my retirement in 2015. I was asked to return to the training program on a part time basis in 2017 and stayed there through 2019. After returning to retirement, I worked with a group from the Asylum Officers union to draft Amicus Briefs to be filed in numerous court cases challenging Trump Administration policy changes. My main contribution was my detailed knowledge of the history of the asylum program.
About a dozen years ago, while researching just what the public thought an Asylum Officer did, I came across this post, by a person calling herself Lucette, in an online discussion thread conveniently titled, “Asylum Officer Qualifications”:
I am an immigration attorney with 3 years experience in Immigration Law and an interest in asylum law. I have successfully represented asylum applicants before CIS and in Immigration Court over the past three years. I am interested in a position as an asylum officer and I am wondering whether anyone would be so kind as to tell me whether my qualifications are such that I would be a viable candidate?
Lucette was constantly being passed over in her applications for employment as an Asylum Officer (“AO”) and wanted to know why. At the time, I was working as an instructor in the asylum office training division and knew the qualifications of all the new AOs who were being hired, and so I was mystified by the post. According to what I knew, Lucette was highly qualified and should have had no problem getting hired.
I reached out, and after some back and forth, determined that Lucette was applying for the AO position in the way she was taught to apply for attorney positions while in law school. Basically, a short and to-the-point resume to catch the attention of an overworked attorney charged with hiring new associates, get an interview, and then expand on the bare bones of the resume, hoping to make a good enough impression to be invited back for a second interview. The federal government does not hire that way–it makes too much sense.
In federal hiring, the initial application/resume has to be reviewed by a human resource specialist who generally doesn’t have a clue as to what the actual job really involves, to determine initial eligibility. Applicants must prove that they have the requisite knowledge, skills, and abilities (“KSAs”) that the job opening notice calls for, but the person who does the initial review does not really know what those requirements are beyond the language in the job opening notice.
The human resource specialist merely matches the language in the resume with the language from the job opening notice. If there is a match, the applicant will be found eligible and may be referred to a hiring official. The hiring official will usually be an Asylum Office director who not only knows what an AO actually does, but knows what they want AOs working for them to do. Depending on the quality of the experience, the applicant may be invited for an interview, which would be more akin to a second interview in normal hiring for an attorney. The application is really more akin to the first interview phase of normal attorney hiring.
The application must contain enough information to convince the person with final hiring authority to interview the applicant. But it also has to be presented in a manner that an uninformed low-level bureaucrat will determine that it meets the criteria of the KSAs in the job opening notice, whether those requirements are rational or not.
I recommended that Lucette go to a bookstore and buy a book about getting a federal job. She did that, then expanded her resume from one page to five pages, making sure to include all the language from the job opening notice in her descriptions of her previous jobs. After she had been deemed unqualified in three or four previous applications, suddenly she was not only found highly qualified, she was immediately referred to a hiring official, offered an AO position, and went on to a very successful career with the asylum program.
Why are these arcane details of seeking federal employment important in the asylum context?
The asylum program is in the middle of a major hiring initiative that will double the size of the asylum corps. The language in the job opening notices will be the determining factor in the quality of the pool of potential new hires that get referred to hiring officials.
With that in mind, I was horrified when I read the most recent public job opening notice that was posted just a few weeks ago. The most recent job opening notice, posted almost two years into the Biden administration, called for applicants with the following type of experience:
- Examining documents for authenticity to assist in the detection of fraud;
- Interviewing applicants and witnesses to elicit information and assess credibility;
- Reviewing information from databases and/or other records to identify individuals who may pose a threat to national security or public safety; OR
- Analyzing information gathered through interview and research to summarize facts and provide formal written determinations.
With that language, an applicant with Lucette’s background would never make a list of qualified applicants, she would never be referred to a hiring official, and would never get hired as an asylum officer. There is no way to turn an immigration attorney into a fraud-fighting, national-security protecting bad ass.
When I used to teach new asylum officers, I would tell them that they walked a fine line between being a law enforcement officer and a protection officer, and as important as their law enforcement duties were, they needed to keep in mind that they were protection officers first. The experience requirement in the new job opening notice turns that notion on its head, and is geared to hiring law enforcement officers without regard to protection issues.
For comparison, the job opening notice that Lucette got hired under, more than a dozen years ago, required the following specific experience:
- Assisting individuals applying for immigration benefits by examining supporting documentation for authenticity and relevance, as well as researching and analyzing appropriate information for eligibility; and,
- Interpreting and applying immigration laws, policies and procedures as they relate to an individual’s eligibility for immigration benefits.
Where did the change in the experience requirements come from? Not hard to guess.
Officials from the Trump administration were searching for ways to destroy the asylum program, which they hated. They knew, through academic studies, that Immigration Judges with law enforcement/prosecutorial experience had a much higher denial rate than judges that were recruited from the advocacy community. So what better way to destroy the asylum program than to fix the hiring system so only those with strong law enforcement/prosecutorial experience would be hired? If every applicant gets denied, the asylum program ceases to exist. Job accomplished.
Giving the benefit of the doubt to the people who are in charge now, many of whom I know and count as friends, I am assuming that when the most recent job opening notice was posted, there was a huge mistake. Someone evidently just grabbed an old job opening notice and sent it to human resources to be used as a template for the latest notice, without reading it first. But that mistake has the potential for a major disaster if it isn’t corrected, and quickly.
In the early days of the asylum program recruits were mainly drawn from two sources: Current INS officers and refugee case workers from Joint Voluntary Agencies operating in Southeast Asia, helping refugees to apply for resettlement in the U.S. There was always tension between the two groups. The INS people wanted to stop fraud at all costs, even if it meant sending deserving asylum seekers back into harms way. The overseas refugee people wanted to help refugees, even if it meant letting a bit of the fraud succeed, in order to avoid sending deserving asylum seekers back home. Over the years, the Asylum Officers who wanted to help succeeded, but the Trump administration attempted to turn the clock back 30 years and give control to old line INS employees who want to fight fraud above all else. It appeared that they ran out of time before they could accomplish their mission. The relatively minor change in the hiring requirements was the most insidious and, potentially, the most effective change they made. While some changes have proven difficult for the Biden administration to put right, the Asylum Officer hiring announcement can be easily corrected and would help ensure a fairer, more balanced Asylum Officer corp.
As a practicing immigration attorney, my experiences were the very opposite. I had a much easier time under the Trump administration to win asylum cases, whereas under Obama, it was super hard, where a legit applicant with documented proof of persecution could withhold as long as 6 hours (I mean it!) of questioning by the asylum officer. Whenever I bring this point up, people are either amazed or skeptical. Employment-based immigration under Trump turned out to be harder than people assumed it would. Trump was not as pro-business in terms of immigration as he made it out to be. By contrast, USCIS under Omaba and Biden look more favorably upon employment-based petitions
I can’t say I noticed much difference between the two Administrations in terms of decisions. From the Immigration Court data I have seen, approval rates did go down, and my guess is that that was mostly for applicants from Central America, since the Trump Administration issued AG and BIA decisions to make such cases more difficult to win. For me, in terms of Immigration Court, the Biden Administration is by far the worst, since they have been randomly rescheduling cases. The asylum offices is more difficult to say, since they almost never make any decisions and the only cases they seem to interview are Afghan cases, which are almost always approved. Take care, Jason
Hi Jason
I have a pending asylum case and I recently filed for GC through marriage. I do not need the marriage based EAD since i have my asylum based one. However, i need to apply for AP and will be submitting separately since the GC documents have already been processed.
Questions:-
1. Do i need to state the countries I wish to travel to, when i would like to travel, how long i will be out of the U.S. and the purpose of my trip? Are these the requirements when applying for AP?
2.Reason is that i want to meet my mother who is 74 and has several ailments, i have not seen her in 7 years. Also i was thinking if i meet up with her in Dubai far from my home country. Will this move be safe when i come back?
3.Any idea how long it takes for the AP to be approved once applied for?
4.How long are they also taking to to process GC based on marriage, would you know?
Thank you
I would recommend that you apply for the EAD anyway because if you apply for the EAD and AP, you will get an EAD card that says “valid for purposes of re-entry.” If you only apply for AP, you will get a piece of paper that serves as AP, but this seems less official and I am not sure whether it will be valid for the full year. Also, it costs nothing extra to get the EAD as well. In terms of your questions: 1 – I believe the form asks for this info, so you should tell them. If your plans change later, it is not a problem, though you should be prepared to explain this if you are ever asked (I have never had a client asked about this, but I suppose it could happen). 2 – That should be fine. If you do go to the home country, that could create problems, depending on the case, and so be careful about that. 3 – Maybe 4 or 5 months, but it is not very predictable. 4 – Maybe 1 or 1.5 years. Take care, Jason
Hi Jazon, thanks for everything you do. May God bless you and keep you in good health.
I’ve been stuck abroad for 3 months now because I’ve lost my refugee travel document abroad. I’m in the process of adjusting my status and my I-485 is still pending. The embassy will not help not the department of state. I applied for new refugee travel document 3 months ago and since then I haven’t heard back from USCIS. Receipt number for my application was not issued and the check has not been cashed. I have feeex proof that my application was received and signed at USCIS field office in Washington DC. Today I read something interesting on USCIS website about I-131A ( application for carrier document )
and I was wondering if that can be an alternative solution for me to return to the USA. It doesn’t however mention a solution for a lost refugee travel document while being abroad but it mentions a solution for lost advance parole combo card abroad. Please take a look and tell me if I’m eligible to apply.
Use this form if you are:
A lawful permanent resident (LPR), including an LPR with conditions, and wish to apply for a travel document (carrier documentation) that allows you to board an airline or other transportation carrier without the airline or transportation carrier being penalized; or
Not an LPR or a conditional LPR, but you received a Form I-512/Form I-512L, Advance Parole Document, or Form I-765, Employment Authorization Document (EAD), with travel endorsement that was lost, stolen, damaged or destroyed while you are overseas and wish to apply for a travel document (carrier documentation) that allows you to board an airline or other transportation carrier without the airline or transportation carrier being penalized.
Form I-131A allows you to apply for a travel document if you are:
Returning from temporary travel abroad of less than one year, and your Permanent Resident Card (also known as a Green Card) has been lost, stolen or destroyed;
Returning from temporary travel abroad of less than two years and your re-entry permit has been lost, stolen or destroyed; or
Returning from temporary travel abroad and your Form I-512/Form I-512L, Advance Parole Document, or Form I-765, Employment Authorization Document (EAD), with travel endorsement has not expired and has been lost, stolen, damaged or destroyed while you have been overseas.
On its face, this does not seem to apply to you, but I have never done such a case. I think you need to talk to a lawyer who does consular cases and see if they can research this issue or help in some other way. As for the filed I-131, you can try to call USCIS to see if they have received it: 800-375-5283. If that does not work, maybe you want to file a new I-131 for an RTD, and provide an explanation about the first RTD filing. I think you need to talk to a lawyer about all this first, though, as maybe there is a better solution. Good luck, Jason
I am perpetually worried about this…
But, I notice some data point saying they get it really fast, may I ask is it just for people who newly filed the renewal application ? Are some existing applications speeding up ?
Some EAD applications are moving fast, but many are not. It seems fairly unpredictable. Take care, Jason
Thanks Jason for weighing in 🙂
And sadly…
Hi Jason
I am an asylee and going to apply I485. I am confused in this one question. Can you please tell if it’s a Yes or No.
I came to the US as a student and my OPT expired in 2013 while I had a pending I589.
I was on pending asylum since then until I was approved in court last year.
I485- Page 4/18 – 2
“Are you applying for adjustment based on the INA section 245(i)? “
That section relates to certain people who were in the US prior to April 2001, and so I doubt it applies to you. Take care, Jason
Hi Jason . I have been reading your valuable posts for the past few years and thank you for your support to our community . I have heard that green card processing time has speeded up and uscis try to complete GC cases within 6months of filing . Some people even reported that the GC cases are getting adjudicated within 3months of filing(for very recent cases ) . Have you seen and noticed this improvement in processing time for your cases? Because different people report different timing and the website processing time seems inaccurate according to many people experience.
I have not had a client’s case processed that quickly, but I have heard about this as well. We have some that have been filed more recently and so we will see what happens to those. Other types of cases have sometimes been moving more quickly as well (but not always), including EAD applications and almost all naturalization cases. Hopefully, GC cases will be moving more quickly as well, since those have been very slow. Take care, Jason
Hello. I enlisted in MAVNI program back in 2016. I got injured before going to basic training. I sent a message to my recruiter that I was injured and I wanted to withdraw. He didn’t make me fill or sign any paper work to withdraw. He said it was ok because I was not even considered in the Army yet. He said I was in delayed Entry Program. Couple months later the whole program MAVNI program was canceled by a new administration ( Donald trump).
Should I say yes or no for this question? Have you applied for any kind of exemption from Military service U.S armed forces ?
I do not know that you applied for an exemption, but if you are not sure, you can just answer as think best, circle the question and write see cover letter, and in he cover letter, you can explain about this. If you do that, you should be fine. Take care, Jason
Good Morning Jason,
The I-730 of my child got approved. I would like to know, how my child will get his SSN?
If the child is in the US, he can apply for a work permit and SSN using form I-765, available at http://www.uscis.gov. If he is coming from outside the US, he should still complete the same form and they should send him the work permit once he is here. I am not sure whether they also send the SS card if he applies for the work permit overseas, and if not, he can apply for it directly with the SS office when he is here (though the SS office may want to see his work permit before they issue the number). Take care, Jason
Hello everyone,
Thank you, Jason, for everything you for the asylum/immigrant community. I have been a follower of you blog for a while now. Your blog has helped me get through some difficult and frustrating times as I waited to hear from USCIS. A little bit about my timeline:
July 2015: Submitted application
July 2015: Biometrics submitted
August 2022: Case Status changed to “Interview has been scheduled”
September 2022: Attended interview with lawyer present. Interview was straightforward and took less than 2 hours.
October 2022: Picked up decision 2 weeks letter. Outcome: Asylum Granted.
*3 weeks later received new EAD card with new category.
To everyone still waiting, I pray that your interview gets scheduled and that you receive a positive outcome. Good luck!
Congratulations, thank you for sharing your timeline. Can you share which country you are from? My decision is pending for the past 10 months.
Thank you!
I am from West Africa. Predominantly Muslim country. I interviewed at the Arlington office and 2 weeks later went back to pick up the decision.
Hey still waiting ——
If you don’t mind I have few questions-
1- Did you expedite your case? If not which office are you applied at?
2- If you have applied through political/ethnic/religious cases, did the officer focus on the current situation or just ask you based on your statement?
Thank you,
1) I did not submit a formal request to expedite but I did call and email USCIS over the years to inquire on my case or ask to be put on the shortlist. Most of time they would just send me a standard email response.
2) Membership to a particular group. The AO asked me questions based on my statement mostly. There were few questions pertaining to the current situation but nothing too deep. I felt like they wanted to get the whole picture as it pertained to my case.
The interview didn’t feel adversarial at all. Having a lawyer present helps a lot. Just be straightforward when responding; be honest and answer the question asked.
@STILL WAITING….NO MORE,
CONGRATULATIONS!!!
Thank you, Tina!
Congratulations! It only took 7+ years, ugh. We did posts on May 16, 2018 and December 15, 2021 about the benefits of asylum, and maybe those would be of interest. Take care, Jason
7+ years feels like an eternity when you are waiting for sure! I am glad that chapter is over now. Thank you, I will check those posts again. Take care, too.
Hi Jason. I am Green Card Holder on Asylum basis. Now a political leader from my native country crossed the Maxico border and in detention center. Lawer is saying for guarantier. If i be his guarantier and submit my papers for his release, Then will it not be any problem for me in Citizenship? ( Detainee will file Asylum when he will come out from Detention Center). Please guide. Thank you.
I do not see why that would affect a naturalization case, unless maybe he is a criminal or terrorist or something like that. Take care, Jason
https://www.youtube.com/watch?v=-9TmGtMSWvQ&t=371s
Hi Jason, just out of curiosity. Is the IJ like this in real life as shown in the video ? It’s so sad to see this El Salvador woman denied relief, even though I know she will probably not qualify for CAT. How do you feel personally in this setting ? as I believe there must be a lot of heartbreaking moments like this one in the immigration court right ?
Typically, a judge would not make a decision like that except in an Individual Hearing (with just the applicant) and she would have more opportunity to present her case. However, in detained cases at the border, the situation is probably a lot worse than what I see in the interior for (mostly) non-detained clients. That said, in some respects, this is not too far off. Take care, Jason
Hi Jason,
I have a question, I did my fingerprint for uscis interview about 4 years ago in Seattle and after referring to the court I moved to California and I will have my individual hearing on December and I have not told for another fingerprint so far, should I get another fingerprint before my hearing or no?
If the fingerprints were for an asylum interview, that should be enough, but you should check with DHS to be sure – if they were not done for an asylum case (and maybe were done for something else, like a work permit), that is not sufficient and if you do not have them done, it could result in the case being denied. You can Google “pre-order instructions in immigration court” to learn more, but if you have a lawyer, check with the lawyer that biometrics were done for the asylum case. Take care, Jason
thank you so much Jason,
that was when we applied for asylum and they asked me one more time before my asylum interview on 2018 and my wife was told hers is good, so should i double check or no?
If she did biometrics for the asylum case, she should be fine, but there is no harm to double check if you are not completely certain. Take care, Jason
Hello Jason
Do you know who is gonna take the cases which were assigned to Crosland, David W?
I haven’t heard anything from immigration court
Hello Jason
Do you know who is gonna take the cases which were assigned to Crosland, David W?
I haven’t heard anything from immigration court
I have heard that Judge Hart from the Ft Worth Adjudication Center is handling many of Judge Crosland’s cases, but I think other judges are being assigned to his cases as well, as I have at least one of his case that is with a different judge (I cannot remember who). Take care, Jason
Thank you very much for the info
But still, my case is under Crosland. What do you advise me? To reach the court or to wait for until they assign to somebody else. Thanks
I guess you can call the court, but if J. Hart does not have the case, it will be assigned to another judge. You can find the court phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hello,
I applied for Refugee travel document this week, the notice sent say fingerprints fees received, Nebraska is working on my case.
1.are they going to send me a notice to go to uscis center to take fingerprints or they going to use the ones they already have.
2.How long is it going to take to get the Travel Document?I need to travel next year during summer.
3.is there a way I can expedite if it taking long.
Thanks
1 – Mostly, they are using the fingerprints they already have, but sometimes, they do send a notice to do prints again. 2 – You can check the processing time at http://www.uscis.gov, but I think it is between 10 and 12 months. 3 – You can call USCIS to ask: 800-375-5283. I wrote about expediting with USCIS generally on January 29, 2020 and maybe that would help. Take care, Jason
I just got fired from a job a second time in a month because of the TNC resulted EAD + 540-day receipt
Please. What should I do about this situation…I have to do job search again 🙁 or do I just wait for my EAD ?
I did a post on May 11, 2022 with links to the USCIS web page that explain the 540-day extension. Maybe those will help. Take care, Jason
Hello Jason,
I’m an Afghan Parolee and I have an EAD based on C(11) – humanitarian parole category which will expire next year. I submitted an asylum application which is pending for over 150 days. I’m planning to apply for initial EAD based on C(08) – pending asylum application and I’ve the following two questions.
1. On I-765, Part 1, do I choose “initial permission to accept employment” or Renewal of my permission to accept employment?
2. Is there a fee for those applicant that are submitting EAD under C(08) category for the first time but have EAD under different status (in my case C(11).
I really appreciate your help and thank you for the useful information and blogs.
1 – If this is based on a new category (c-8), I would check that it is an initial permission, and not a renewal (though I would include a copy of the current EAD, front and back, with the application). 2 – There is no fee for the first c-8 application. Take care, Jason
I have a question if Attorney gets sick for individual hearing what is going to happen?, can we go by ourself or can judge gives us earlier day after that? Or again is going to be postpond for another couple years?
It depends on the judge and the judge’s schedule. I do think most judges will try to accommodate a lawyer who is sick and reschedule quickly, as long as they do not think the lawyer (or immigrant) is trying to take advantage of the situation. Take care, Jason
thank you so much,
Can he or she attend thru webex instead getting another day?
Whether you can appear by Webex depends on the judge, and is not always easy to know. You can call the court and ask the judge’s clerk. You can find the number if you follow the link under Resources called Immigration Court. Take care, Jason
Hey jason
A friend told me that when people cross the boarders through mexico does they really have to know someone in the US so that the DHS can let them in and save their address ??
I do not know a lot about that process, but a lot of people are getting released after an initial interview and detention. Some are not even having interviews, at least as far as I can tell. I do not think they necessarily have to have someone here in the US to get released, but they are required to give an address, update the address with the government, and – often times – report to ICE for check-ins. Take care, Jason
This is unrelated to this post, apologies for that!
I applied for EAD renewal three weeks ago and I didn’t even got the receipt but got email from USCIS stating that my “EAD card is produced and will be sent to my home address”. This is good news as I won’t be going into expired EAD and extension letter weird communication with HR department at my work place🙂
OMG that’s so nice !
If you don’t mind me asking. Are you still waiting for your uscis interview ? and is ur code C8 ?
And which service center is processing your ead renewal ?
What do you think you did right that your EAD renewal is approved so fast ?
Hey EAD+ Receipt,
I am pending asylum with C08; my service center is Nebraska! I just filled the form signed and sent to the lock box in Texas!
Hopefully that is right – I have heard a few times about this type of thing, and if it works out, it is definitely a positive development. Please let us know. Thank you, Jason
Hi Jason, my husband also has applied six months before his EAD be expired and he got his card two months before expiration date, we have also sent them ASAP membership card.
Hi. @nicki, congrats
which office is it ?
Hopefully, we will keep seeing things move in this direction. Thank you sharing this, Jason
I have been reading up some cases. One of the reasons for the failure of asylum appeal is that “After such a long time, the perpetrators don’t seem to target the applicant or continue to have an interest in them. So they don’t have fear to return”. It gets me thinking, because a lot of asylum cases. When they reach, say BIA or federal court appeal, a long time has passed since their escape. If the applicant has been avoiding contact with their country of origin, would it be more difficult for them to establish that they have a fear to return ? Because how can they establish that the government or private parties are still interested in and pursuing them ?
This can be an issue, but of course, it depends on the specifics of the case. Take care, Jason
Hey Jason
After 8 years Af waiting I finally got my interview, we’ve been through a lot and immigration is also torturing us . I was supposed to go back after two weeks but I received a mail asking me to wait for the decision in mail. It’s been 3 months already.
Still waiting and being tortured. Do you think I can call the AO or write to them asking for updates?
At this point we are so tired
It is very common for “pick up” decisions to become “mail out” decisions. You can email them to inquire about your case – you can find their email if you follow the link under Resources called Asylum Office Locator. You can also try to call, but email seems to work better, at least in my experience. Take care, Jason
Thank you Jason .
Hi Jason,
I am a permanent resident since 02/15/2018. I am planning to apply for my citizenship tomorrow 11/17/2022, which marks the 4 year and 9 months period. But I was out of the country 3 times for a total of 14 days. Should I wait for 2 additional weeks to apply, as I have been out of the US for 2 weeks? Your input is highly appreciated. Thank you.
That is not necessary – the rule you are thinking of is for asylees who want to apply for a GC. You can apply 4 years and 9 months after the date on the GC. Take care, Jason
Thank you so much for the response.