To paraphrase Forrest Gump, Immigration Court is like a box of chocolates; you never know what you’re going to get. Also, some of the chocolate is poison.
For many applicants in Immigration Court, the most important factor in determining success is not the person’s story or the evidence or the quality of their lawyer. It is the judge who is randomly assigned to the case. According to TRAC Immigration, a non-profit that tracks asylum approval rates in Immigration Court, Immigration Judge (“IJ”) approval rates vary widely. For the period 2017 to 2022, asylum approval rates ranged from 0% (a judge in Houston) to 99% (a judge in San Francisco). Of the 635 IJs listed on the TRAC web page, 125 granted asylum in less than 10% of their cases. At the other extreme, nine IJs granted asylum more than 90% of the time.
Based solely on these numbers, there is a 20% chance (1 in 5) that your IJ denies at least 90% of the asylum cases that he adjudicates. That’s pretty frightening. But there is much more to the story, which we will explore below.
First, the raw TRAC data does not distinguish between represented and unrepresented applicants, and having a lawyer generally makes a difference. Overall, represented applicants were denied asylum in 64% of cases. Unrepresented applicants were denied asylum more frequently–in 83% of cases. So if your IJ sees many cases where the applicant does not have an attorney, her overall denial rate is likely to be higher than if most of her cases have lawyers. To find this information, go to the TRAC website, click on the judge’s name, and scroll almost to the bottom of the IJ’s individual web page. You will see the percentage of cases before that IJ where the asylum applicant had an attorney. If you see that your judge presides over many unrepresented cases, it probably means that her overall denial rate is higher than would be expected if that IJ saw more cases where the applicant had a lawyer. What does this mean? Basically, if you are before such a judge, and you have an attorney, your odds of success are probably better than the judge’s overall denial rate would suggest. Conversely, if you do not have an attorney, your odds of receiving asylum are probably lower than the judge’s overall denial rate would suggest.
A second big factor that is relevant to each IJ’s denial rate is country of origin. People from certain countries are more likely to be denied, and so if your judge sees many people from those countries, his overall denial rate will be pushed up. You can see country-of-origin information if you click on your judge’s name and scroll to the very bottom of his web page. The countries that have had the highest denial rates over the past two decades are: El Salvador, Guatemala, Haiti, Honduras, and Mexico. And so if your IJ has many cases from these countries, his overall denial rate will likely be higher. Meaning that if you are not from one of these countries, your odds of winning asylum are probably better than what your judge’s overall denial rate would suggest.
A third important factor in examining IJ approval rates is the distinction between detained and non-detained asylum applicants. Certain judges have “detained dockets,” meaning that they rule on cases where the applicants are detained. Such people have a much more difficult time winning asylum: Some are barred from asylum due to criminal history or the one-year asylum bar. Others just have a more difficult time preparing their cases because they cannot easily gather evidence while detained. For these reasons, judges who decide many detained cases will generally have a lower overall asylum approval rate. Unfortunately, the TRAC data does not distinguish between detained and non-detained cases, and it is not always easy to know whether an IJ’s record includes detained cases (EOIR has a website that gives some details about each court, including whether that court is located at a detention facility).
While the TRAC data is not perfect (and there is no data on the newest IJs), it is the best source of information we have on Immigration Judge grant rates. Do keep in mind that the numbers only tell part of the story, and it is important to consider the above factors, as well as any other information you can gather from immigration lawyers and asylum applicants about your IJ.
What if you’ve done your research and have concluded that your judge is one of those who denies almost every case she sees? There are a few options.
One: You can go forward with the case and hope for the best. Sometimes a strong case can overcome a judge’s tendency to deny, and after all, even the worst IJs grant cases now and again (except for the 0% guy in Houston).
Two: You can ask for prosecutorial discretion and try to get the case dismissed. Except for cases where the noncitizen has a criminal or security issue, DHS (the prosecutor) is often willing to dismiss. Assuming you can get the case dismissed, you can then re-file for asylum at the Asylum Office (yes, this is a ridiculous waste of resources, but people are now doing it all the time). If you pursue this option, make sure to read the Special Instructions for the form I-589, as you will most likely be required to file your form at the Asylum Vetting Center.
Third: You can move. If you move to a new state (or at least a new jurisdiction within the same state), you can ask the IJ to move your case. Typically, you file a Motion to Change Venue. If the judge agrees, your case will be moved to a different court where you will hopefully land on a better IJ. Judges (and DHS attorneys) do not always agree to allow you change venue, especially if you are close to the date of your Individual Hearing or if you have previously changed venue in the past. And so if you plan to move your case, the sooner you make the move, the better.
Most Immigration Judges will do their best to evaluate the evidence and reach a fair decision. But some IJs seem intent on denying no matter what, and these judges are best avoided, if at all possible. Thanks to TRAC, you can get an idea about whether your IJ is one of these “deniers,” and this will help you decide how best to proceed in your case.
Hi Folks, I’d to share my case processing time.
Applied March 2015 Arlington office
Expedited August 2016 and approved December 2016
Interviewed and referred to the court January 2017
MCH December 2017
Expedited December 2021 and approved January 2022
Individual hearing and granted January 2023.
It’s been long process but don’t loose the hope. Please don’t afraid of expediting.
Congratulations! Finally. We have blog posts from May 16, 2018 and December 15, 2021 about what happens after asylum is granted, in case you are interested. Take care, Jason
Thank you for guidance over the years. Your blog been very helpful.
Thank you, Jason
Hi Jason hope you doing well, I have applied for GC application and they send it back to me stating that this is old version form of application and my fee is incorrect which I had applied for fee waiver request. Do you know where I can download the recent version and also how do you ask for fee waiver? Do I need to send both forms together or separately?
What documents do I need to prove that I’m qualify for fee waiver aswell.
Thank you so very much.
USCIS is constantly changing the forms, and this is a huge problem for many people. You can get the latest version of the form at http://www.uscis.gov. The fee waiver is form I-912, and you would send those together. In terms of evidence, you need to read the I-912 instructions about what the qualifications are and what evidence is needed. Take care, Jason
Hi jason
In my husband asylum case there are 5 dependents ( children and adults). My question is to give a decision do uscis process the background check for all 6 person or only for the applicant? Does this require more time?
Thank you
Many LGBT asylum seekers are not out when they were in their country of origin. Some came here to seek asylum but still chose to live in stealth, hoping to live openly after reaching safety. This will make it more difficult for asylum to be granted, right ? If a person is in the closet in their country of origin, then there will be no past persecution. If a person decides to stay in the closet before being granted asylum, then … there is no…objective well-founded fear ? (I.e. hypothetical challenge: nobody knows u r gay, so you won’t be in danger. You have been in closet this way for long, don’t you ?)
Could an lgbt seeker’s decision to stay in the closet (to protect their safety) … backfire in their bid to secure asylum ? because of absence showing of past persecution and objective well-founded fear. (I also don’t know if POPOP could be useful here, cause again, this person is not out, and since s/he has been okay not out , it makes sense that s/he can continue to be in closet and be okay…)
One of my friends is trans, they plan to undergo medical process after if/when they secure asylum because they feel it’s safer for them to do so.
However, this I feel would make it harder for their asylum case. If they chose not to undergo medical process for the moment, no one will know they are trans, and if no one knows that they are trans, how could they have a well-founded fear of future persecution based on gender identity ? And if they say they will do the medical in the future to make them visible…okay…but wouldn’t AOs or IJs challenge that…”it seems that you are doing just fine not doing medical…so…you shouldn’t have an issue back there continually this way…so you are not eligible to receive asylum. You don’t have a pressing need to go through process that will put you in danger”.
So I just want to ask @jason, in your lgbtq/h+ cases, do the issues of coming out/staying in the closet, trans/notrans come up ? And how did u handle them ?
I was in this exact situation when I lived in my COP. But I did experience abuse as far back as my early childhood being bullied and teased; I was often called a sissy. It got worst during high school, I remember being ganged up after school and my school clothes was ripped and grabbed by the neck when an older boy questioned me if I was a faggot.
It carried on into later years, but even in the workplace there was a sense of suspicion even though I never gave any impression or admittance of being gay. Ultimately, the conclusion my lawyer and I articulated was that I just got tired of pretending and hiding. It’s not getting better especially as I got older. In a society that’s very machismo, you are expected to have a girlfriend, at least a kid or two or be married and settled down by my age.
Being single can only work for so long. The paranoia of no one in your neighborhood has ever seen you with a woman or ever heard about you having a girlfriend. It might sound harmless but I can tell you that’s the time when things get worse.
It’s also the fact that, moving away from your home to another part of the country was not gonna make it any better. You were just delaying the inevitable until suspicions about you start circulating. At the same time, loneliness, isolation and sadness are tearing you apart.
You can’t find any safe space to express your sexual identity or talk about your feelings. I remember reaching out to local farce of an LGBT organization in my home country, asking if there is a safe space to meet people within the community. The response was so disappointing and dry. ‘No, not really and we don’t have the resources’.
Yet the head of that same organization is on major American news network claiming the country is moving forward after a transgender person was killed and gay men live in unsanitary conditions who risk coming and living their truth. No support system.
I am glad I left and even though there were huge challenges and regrets; especially not seeing my mother before she died; at least I know I am free to be myself in country that accepts me. For years I always wondered why something was so off about my COP. When you gut instincts tell you somethings not right, believe it. I’m glad I did.
Hi enrron, thanks for your input ! It’s so valuable. So you are saying that you r not out in your country of origin and in here asylum officer considered ur risk of being exposed as gay ? Thanks very much !
A few countries are sanctioned for POPOP for LGBTs by court of appeals. I think it’s Jamaica and a few others. If you are from one of those countries, it supposedly adds to your application :).
Now … if say, a person is from a country which is not sanctioned for POPOP…where s/he is in the closet there and decide to be in the closet while asylum is pending…no past persecution…I guess…the chance is pretty low…right…
Trans asylum cases also tend to be very strong, given that such people are persecuted in many countries. All this depends on specifics, and so the person should talk to a lawyer if they want to evaluate the strength of their asylum claim. Take care, Jason
Hi jason
In my husband asylum case there are 5 dependents ( children and adults). My question is to give a decision does uscis process the background check for all 6 person or only for the applicant? Does this require more time?
Thank you
You would think they would do background checks for everyone, but we have seen cases of Muslim men talk longer than cases of non-Muslim men (in general, not always), but if the Muslim man is the dependent and the wife is the principal, these cases generally seem to move faster. Maybe this is just my impression, but it seems to be so for many of my cases. If so, maybe it means that the dependent’s background check is less thorough than the principal’s. This does not really make sense, but many things in immigration do not make sense. Anyway, I suppose this is a long way of saying that I am not sure. Take care, Jason
As long as the person files within one year of arriving here, most LGBT asylum seekers seem to have strong cases (because LGBT people are persecuted in many places). Past persecution is helpful to win an asylum case, but certainly not necessary. Take care, Jason
Thanks Jason for weighing in :).
And thanks for the encouraging comments. I obviously know many LGBTIs endure serious and unique harm, but I just find that when I myself, a non-lawyer, try to apply the asylum framework, I do notice how a lot of LGBTI claims are…somewhat incompatible with the asylum framework…hard to fit in…that’s my feeling.
In public available appeal cases, I notice a lot of LGBTI people are denied the right to remain in the U.S. Yes, many of them are withholding of removal, CAT cases or have adverse credibility or criminal-barred or one year-barred or anyhow-barred…But I do see that there are LGBTI asylum cases who are credible an who are not barred…denied asylum…so … still…I will advise my friend to be cautiously neutral…and hope for the best but prepare to be undocumented still…
And happy new year to everybody and to all the LGBTI asylum community 🙂
Hello Jason,
Happy New Year!!
I applied for I 485 based on asylum, When I check my case status it is showing Case Was Updated To Show Fingerprints Were Taken. Do you have any idea what is next?
Thank you
Samir
This can be a long wait – over 2 years for some people, though recently, cases may be going faster for some applicants. In your case, USCIS will re-use the biometrics that you already gave. They are doing this for most people. And so the next step is either an interview or they will send you an approval or request for evidence. Take care, Jason
Hi there Atty. Happy New Year. I am reader of your blog. I have a question. When you get your green card, you must wait another four years to apply for citizenship. What if you were married like my situation? My asylum status was granted in 2019, and I married in 2021. Does it mean my marriage time is counted towards naturalization/citizenship? Instead of 4-year wait, only need to wait more or less 2 years? Thank you so much
If you got your GC based on the approved asylum, you have to wait 4 years and 9 months from the date on your GC to apply for citizenship, assuming you are otherwise eligible (a GC based on asylum should have been back-dated one year, so in reality, you only have to wait 3 years and 9 months). The marriage has no effect on that. If you married a US citizen and got the GC based on the marriage, and you are still married, you can apply for citizenship 2 years and 9 months after the date on your initial GC, assuming you are otherwise eligible. Take care, Jason
A quick clarification – you can apply for citizenship after 2 years and 9 months even if you did not receive your green card based on marriage. You only need to have been married to the citizen/be living with the citizen for 3 years (2 yrs 9 months when you apply). https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-319/section-319.1
I have always understood that you had to get the GC based on marriage to a US-citizen, but the section you are pointing to does indicate that that is not needed – interesting. I would need to look at it more closely to be certain, but it seems that you are correct. Thank you, Jason
Hi Jason and Jp, does it mean i can apply my naturalization after 3 years even my green card is asylum based? Is my marriage in 2021 will be counted of the 3 years? I am so thankful for your help
I would have a lawyer look at the statute to make sure it applies to your situation. Or if you review the statute and think you qualify, you could just apply, since paying for a lawyer’s advice might be more expensive than the filing fee (which USCIS will keep if it turns out that you are not eligible). I just have never looked into this and so this is new for me as well, and I am not sure whether it would work. Take care, Jason
Hi there, Sir. I was granted asylum in 2019. I applied GreenCard in 2020. Finally, USCIS scheduled an interview this month. Some asylees were not interviewed and got their greencard and why some need to be interviewed? And my last question is do you think the interview is the last step? Thanks so much. Appreciate what you do
The interview should be the last step before you get the GC, unless USCIS needs more info. There was a policy to interview every asylee who applies for a GC, but that was never fully implemented, and it seems some people get interviewed randomly while for others, USCIS may have concerns. I would review your old asylum case before the interview, as well as your I-485 (the GC application). Take care, Jason
Hi Anna,
What month you got your approval in 2019?
Asking because I was granted in 2019 too and applied in the end of 2020. Still waiting for the next step.
Hi sir !
I have an A2 O visa, and It will expire in 2024 , I did enter USA for studying in August 2023,
1- I would like to ask if I apply for Asylum How long it takes to give me a work permit? And is there a shelter for people whom apply for Asylum?
2- If I did apply for Asylum and while I’m staying in USA got married with an American citizen, can I get the green card based on marriage? And what will happen to my asylum case?
3- and If I got married but I don’t apply for Asylum while I’m staying in USA legally and my studying not finished yet, can I apply for green card? And can I stay in USA. My visa is ( A2 O) ??
1 – after you file for asylum, you have to wait 150 days to file for a work permit, which takes another 1 to 3 months (so a total wait of 6 to 8 months in most cases). If you happen to be one of the very few cases that is decided quickly and you win, you would get a work permit at that time, but there are very few cases like that. In terms of a shelter, that would depend on the locality, but there is no government funding for such services. 2 – Assuming you marry a US citizen and are eligible, you can get a GC that way – the asylum case would not interfere. Once you have the GC, you can withdraw the asylum case, if it is still pending. 3 – If you marry a US citizen, that should work, even if your O status expires, you should still be eligible to get the GC based on marriage to a US citizen. If you marry a person with a GC, you would probably need to leave the US to get your own GC. Of course, these cases depend on specifics, and so talk to a lawyer to make sure you are eligible. Take care, Jason
Hi,
I want to ask about Ron DeSantis…He seems to be able to win in the GOP primary and in general election.
Should I be worried about him ? I feel that he dislikes immigrants a lot and bus them around…and he doesn’t like particular social groups it seems…Could Mr DeSantis prove a more devastating foe to the asylum community than Mr. Tr*mp is ?
I have no idea. We will have to see how things progress with him, but nothing about him suggests that he would be good for asylum seekers. Take care, Jason
That’s very concerning…
Dear Jason,
Hope all is well, Happy New Year 2023.
Thank you for your help in providing information about asylum.
I have a question of my pending asylum in court.
My case is pending at court for a master hearing since last year. and I don’t know when I will be called for the master hearing or final hearing mean time can you guess when I can aspect for the hearing.?
My question is can I or other family members( applicants in the asylum applications) apply job for other countries?
If we can do what happens with the pending case in court?
I look forward to your response.
Thanks
Jhamps
Happy 2023! If you leave the US while your Immigration Court case is pending, you will most likely be considered deported and you will not be able to return, so if you wanted to leave, you can do that. If you wanted to try to resolve the case more quickly, you can try that too – I did a blog post about trying to advance the final hearing date on April 20, 2017. Take care, Jason
Dear Jason,
Thank you for your response to my question.I check your blog dated April 20, 2017. Is it about I 131 travel documents?
Can I apply for other opportunities in other countries while I am in the USA and my case is still in IC for the master hearing and final hearing?
I look forward your reply.
Thanks again.
Jhampa
The travel document blog is from September 11, 2017 (but this generally does not work for people in Immigration Court); the April 20, 2017 is about expediting in court. I guess you can apply for status in other countries, but I do not know about that. If you leave the US, and you have a court case, you will likely not be able to return and will be considered deported. Also, if you do get permanent status in a third country, that will make it more difficult or impossible to win asylum in the US – if that happens, talk to a lawyer about how it might affect your case, but again, if you leave the US to do this, you may not be able to return. Take care, Jason
Hi Jason,
I am a British national and my wife is nepali citizen. She is applying political asylum in the USA because of maoist problem (also sexual harassment) in her home country.
Can she include me as a derivative applicant? Both of us are here in the USA. I am here with visa waiver and my wife is here with tourist visa.
Please suggest what are the best option for us.
You can be a dependent on her case and if she is approved, you would also receive asylum. If she also has British (or some other) citizenship, that could bar her from asylum, but the fact that she is married to a British citizen would not bar her. Take care, Jason
Hi, @Jason and fellow asylum community. Wish you guys a happy new year.
I want to ask some questions about uncertainty. It just feels like life is in suspense…I cannot deal with it anymore…I live day by day, week by week. I want to start building my life…but…asylum denial and deportation order could destroy everything overnight…even if not issued a final order of removal yet, the constant need to either appear or prepare to appear in hearings is stressful and detrimental to mental health. One of my question is, if I really don’t like to go through this but I don’t want a final order of removal entered…can I ask for administrative closure ? I don’t have any other relief available(does a person have to have other relief available to obtain PD btw ?)…so…will the prosecutor and IJ…even…entertain or …agree….
I also want to ask fellow seekers, when would a reasonable person in this scenario consider that they have reached stability…is it grant of asylum ? Issued green card ? Or citizenship ? Because in each stage, the status obtained could be revoked…(Even a naturalized U.S.citizenship could be denaturalized, tho this is not an easy task)…Do most people feel contented and safe when being approved asylum ?(obtained asylee status)…
You can always leave the US or ask for (and probably get) admin closure, but that leaves you with no status. The process is very long and abusive, but eventually, it does end, and hopefully you can get a positive result in your case. Take care, Jason
Hello Jason
I received my Green card 6 moths ago but it took USCIS, 2 and half years to process it . I was just wondering if that is counted towards my time towards for citizenship eligibility . I know USCIS rolls back the time one year for Asylees but I am not clear if they also consider the processing time .
Also Are asylees considering LPRs ?
Just to clarify my Question , Does USCIS consider the processing time for asylee green card holders for citizenship eligibility ?
Thank you
USCIS does not credit that time, unfortunately. Your GC should be back-dated one year, and you can apply 4 years and 9 months after the date on the card, assuming you are otherwise eligible. Take care, Jason
Hi everyone,
I applied for asylum in August 2022. I have not received even the receipt notification from USCIS confirming receiving my application.
Is it normal?
Is anyone else facing same problem?
Regards,
This has been a problem for many people – for example, we just received a receipt for a case we filed in June. You can try to email your local asylum office to see if they have received the case, but there is no guarantee they will have it either. Anyway, you can try. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Dear Jason,
My green card application is pending at NBC now. It’s been over 2 months they have received my medical examination. The last time they told me 80% of my case has been completed. I am not sure if the 80% completion of I-485 is a good progress?
Often – but not always – a person receives the GC within a month or two after submitting the medical exam. Given that the holidays tend to slow things down, I would wait a bit longer to see if you get the GC. If you do not get it soon, you can inquire by calling 800-375-5283, and see if you can learn anything, but given how annoying it is to call USCIS, I would wait another month as the problem might (hopefully) resolve itself. Take care, Jason
Thanks Jason! Do you know how much lawyers approximately charge for filing mandamus for I-485 processing?
I really do not know, sorry. I suspect it varies widely and so I would get a couple estimates and also maybe inquire about whether they have done such a case previously and how that went. Take care, Jason
I waited for good 8 months after submitting my medical for my Green card to arrive 🥲. That was a long wait, I’m glad it’s finally here
That is unfortunate, but not very surprising. USCIS is very good about going slowly. Take care, Jason
I guess my wait hasn’t even started.
@Hopfan, how soon after you submitted your application did USCIS request your medical?
I am wondering if requesting RFE very quickly after submitting application = long wait after submitting medical RFE and vise versa. A lot of people here received decisions shortly after submitting Medical.
Hi Majid,
When did you apply for green card and is it based on Asylum?
Thanks.
@Jawid: It is asylum based green card that I have applied from September last year.
Thanks Majid.
I applied this year end of July based on Asylum. I did not submit my medical. Did you submit it at the application time or once USCIS asked for it?
Hi Jawid,
I will suggest you have it ready to send as soon as they request it.
It took 2 months for mine to be ready because of Walgreen’s mistake.
I have also been studying data on hilitestoday, and it looks like people who included medical received faster decisions.
Unfortunately, there is no way to know know what category they applied under.
Thank you Tina.
Do you by any chance know if the medical test covered under health insurance?
Thanks.
I once had a client whose health insurance paid for his medical exam, but this seems very rare and is the only time I have heard about insurance covering the exam. Take care, Jason
@Jawid, for the tests, no, but my insurance paid for the vaccines.
Best of luck.
Hi Jason,
Happy Holidays to you and all.
We applied asylum based GC this year July,2022, have any idea how much long does it take and also can we expedite the process?
Thanks
The process was taking 2+ years. However, recently, I have heard about cases going more quickly (maybe 6 months), but I have not yet seen that for my clients. Take care, Jason
Hello Jason.
I am from Russia and I am in Canada with my family as a visitor. I am also the winner of the DV 2023 lottery.
1. Can I apply for refugee status in Canada and on this basis transfer the DV interview to the Canadian consulate?
2. The problem also lies in the fact that in this case my international passport will be taken away from me and I will have only a temporary ID of a refugee. Happy holidays to you and all Thank you
1 – Maybe. I do not do much consular processing and so you should talk to a US immigration lawyer about that. I do not see why it won’t work though, and I also do not see why status in Canada would have any negative effect on receiving a GC based on the DV lottery. 2 – I would make sure to keep copies of your entire passport, so at least you can show that. But if your preference is to come to the US, I would talk to a US immigration lawyer before starting the refugee process in Canada. Take care, Jason
Dear Jason. Thanks for everything you are doing for us. I’m 5 year pending asylum and it seems impossible for me to return to my home country even if I won the asylum case.
1- can my mother in Egypt apply for a tourist visa in the US embassy to come to visit me as her only daughter who didn’t see for 6 years?
2- How possible for her to be accepted? My father just died this week and she doesn’t work but my brother can put money in her bank account to fulfill the financial condition. I have four brothers who are above 20 years old, two of them are living abroad in Italy and Saudi Arabia.
3- Will my asylum application have a negative effect on her tourist visa application?
Thanks again for all your support!
1 – In general, parents are not affected by their children’s asylum application, and so the fact that you filed for asylum should not make it more difficult for her to get a visa (this seems to be the case most of the time, but you never know). 2 – I do not know and you/she may want to talk to a lawyer who does non-immigrant visas to see what can be done to maximize the chances for her to get a visa. Certainly, the more attachments she has to her country, the better her chances of getting a visa. 3 – I doubt it – see # 1. Take care, Jason
I just wanted to tell you that I have my parents got their tourist visa while I have a pending Asylum I-485 application. I actually wrote a letter for the consulate officer and attached a copy of my Green Card application with the letter. The officer looked at my letter and GC application (I-797) and approved my parent’s visa.
That’s great – Thank you for sharing this. In general, when a child has asylum, it will not block a parent from getting a B visa. It could, but I think it is not a major factor in the embassy’s decision. Anyway, it is good that they got their visas. Take care, Jason
Hi Jason. I am Asylee and Green Card holder. My all family reached US on i730. Only a son who was 21 plus at the time of apply Asylum, not came with us.He is still un married. He has threats in my home country. So He tried 2 times on studsent Visa to USA but denied. Now he applied for USA visit visa b1/b2 but he got interview date after one year in Nov 2023. My Question is that 1. if we apply for him i130 or Labour Certification sponsorship then how much time it will take? 2. If we apply for him i130 or Labour certification then will it not effect on his Interview for B1/B2 next year?
I would talk to a lawyer about the specifics, but generally, if you have filed an I-130 or I-140/labor cert for him, that would make it more difficult to get a B visa. Unfortunately, the “normal” way for him to come here (I-130 filed by you), takes about 6+ years. Maybe the I-140 would be faster, if he can qualify. He might also try a student visa, but if you file the I-130 or I-140, it may be more difficult to get student visa. I would recommend talking to a lawyer to see what other options are available, as I do not do much consular work and maybe the lawyer would have some other ideas for you. Take care, Jason
I just want to wish @jason and everybody a happy holiday 🙂
2022 is a tough year for the asylum community. But we will always be strong 💪.
Thanks for everybody who have helped me and fulfilled my inquisitive ass 😛 . I am just curious about a lot of things. In 2023, there will be new situations to come, and I hope I can continue to receive the help and belonging in the asylum community 🙂
One thing I have not understood through the long limbo journey I have suffered from: During all these years of waiting, I have witnessed A LOT of illiterate, lazy, losers, trouble makers, and violators got permanent residence and then citizenship, even though they entered this country AFTER I did. I completed multiple degrees here and now perusing my PhD, still there is no decision on my green card. I wonder what is USCIS’s problem with educated asylum seekers? Are we get punished someway? This is really strange. Merry Christmas everyone. This is my 8th Christmas I have not been able to see my mom and family members, and really not sure if that will ever happen some day.
🤔
The system is a disaster, but the fact that one person gets an interview before another is not related to education, or country of origin (except for Afghans evacuated since the Taliban took control of their country), or whether you have a lawyer. It is related to how USCIS schedules cases – I wrote about that on July 10, 2018. Unfortunately, there is not a lot you can do, aside from trying to expedite. I wrote about that on March 23, 2022. If that fails, you can try a mandamus lawsuit. I can’t say I am super optimistic about 2023. The asylum office has been hiring more officers, but they seem mainly to interview cases at the US-Mexico border, and unless things there slow down, they will probably not be interviewing a lot of older cases. Hopefully, the border will calm down and if so, they can start focusing on the many people who have been waiting for years for their interview. Take care, Jason
Happy holidays! And happy New Year, Jason
Hi Jason,
Thanks for your assistance. I am a dependent on my spouse’s asylum application and we have been here for 6+yrs with no interview but have been getting EADs. Please I would like to know how does my renewing my passport and traveling back to our home country affect the case if i travel alone and my spouse remains here as the main applicant? Will I be automatically withdrawn from the application? Will I be able to return to the US? Will I have to wait until she is granted the asylum before I can return?
Thank you so much!
If you have Advance Parole, you can travel and return to the US and continue as a dependent on the asylum application once you return. I wrote about AP on September 11, 2017. How the trip will affect the asylum application depends on the case – I wrote some about this issue on January 26, 2022, but basically, if your return trip causes the asylum officer to think that the principal’s application is false or that asylum is not needed, it could cause the case to be denied. I would talk to a lawyer about the specifics of the case to see how the return trip might affect the asylum case, and if there is anything you can do to minimize that effect. Take care, Jason
Hi Jason,
I actually want to ask a question based on this blog. I was watching some COA hearings. It seems that the judges more often challenge defense counsel (counsel for the immigrant) than the government lawyers, they seldom challenge them when government lawyers are doing the briefing or rebuttal. Is it the same case in immigration court ? That the IJ more often side with or leaning towards homeland security than with the immigrant ?
Does your experience matches this ? And if so, do you think this is a problem ? I personally feel it very unfair, it’s almost feel as if they already made their mind denying petition for review. The continued challenge is just to come up with reasons to write the denial opinion……
For an appeals case, I think such challenges are very much case specific, as it is a discussion of legal arguments. In terms of Immigration Court, there are IJs who are more favorably disposed towards DHS, and at least systematically, DHS and DOJ/EOIR coordinate some things, but I have not seen much obvious bias towards DHS. I have seen some IJs who are biased against respondents, but that is not because the judge particularly likes DHS; they just seem to want to deny respondents’ cases. Take care, Jason
Thanks Jason for weighing in 🙂
That’s why the EOIR/BIA needs to be separated from the DOJ lol.
In addition, I also want to follow up to ask for some advice about immigration court hearings…
I don’t like confrontational exchanges…facing the challenging/biased questions from homeland security attorneys justifying why they should remove me and sometimes an unhelpful ALJ. It’s disheartening. Is it possible to have my attorney do all the talking in the hearing ? It’s really emotional and stressful to recount all the harms, it’s like a second trauma…do I haaaaaave to…testify. In BIA appeals and COA appeals, they make decisions largely without me having to testify. I am just wondering could there be some similar ways that I can avoid testifying but still can get relief…I don’t like asylum interview that much, which they claim is nonconfrontational.
I also want to say that, in addition to second trauma, I obviously know that they are doing the cross examination to find weakness to deny the case. They are not doing it to find strength to grant the case. And whenever I think of the motives of the testifying…it makes me feel…distasteful of them…I think in one of your blog, you mentioned something like the asylum officer hiring is now focused on fraud detector rather than protector…this is the sentiment being conveyed by me here…
In most cases, the person is required to testify. That is our system, and so despite the problems, you have to prepare for that. In most cases, the judges and DHS are respectful of the asylum seekers. Take care, Jason
Thanks Jason for weighing in 🙂
And sadly…
Hi Jason,
What happens to the inclement weather effected case in Virginia? Do they schedule earliest date? What is the time frame on that?
It depends on the judge. If the case gets pushed off too far away, you can try to file a motion for a sooner date. I wrote about that on April 20, 2017. Take care, Jason
Thank you. How soon they (Judge Paul) can reschedule whether effected cases in VA?
Every judge is different and when the case will be rescheduled depends on the judge’s availability. Take care, Jason
Hello Jason,
I have pending asylum case still no interview. I filed adjustment of status case through marriage with US citizen. I talked with uscis agent through Emma I was told that my I485 is in NBC, marked as interview waived and will not get interview notice. How accurate and reliable is the uscis information?
Thanks
@ Pendung asylum : Jason may reply you with better wording.
Almost every AOS applicant pending based on Marriage route will have to appear( 99.9%) for interview along with US spouse before USCIS officer.
@Dove: yes it is correct, but the uscis has started to waive significant number of marriage based AOS interview. Their goal is to reduce the backlog
I have not heard about that and it would be a bit surprising. On the other hand, I guess I could believe it, though we have not seen that for any of our marriage-based cases. Take care, Jason
I don’t know – I think I have only seen one case in my career where the person got a GC without an interview (I think he got the GC based on his US citizen daughter), and I always thought that was a mistake. My understanding is that everyone needs an interview in this situaation, at least to go over the form I-485. It is different for people who get a GC based on asylum – it was routine for such people to avoid the GC interview, but they already had an extensive interview for the asylum case. Take care, Jason
Hi Jason. My a political friend who entered US from Mexico border, released on parole from detention center. He given my address to immigration officers. They called me and verified. I booked his ticket. When he reached me, he not liked weather of my city. He moved to another state. He filled change of address form in Immigration court and notified to ICE by his given phone too. My Question is that: Am i responsible for his any act now? he is in different address and will apply Asylum there.
I do not see how you would be responsible for him at all. If you paid a bond for him, you could lose that money if he failed to appear for a hearing or removal order, but otherwise, I do not think you have any responsibility in this situation. Take care, Jason
Dear Jason
I got asylum approval on 15 March 2018. Then applied for Green card a year later. After a long delay I got a Green card on 12/12/2022. There will be 5 years of residence in March 2023. The question is when can I apply for citizenship?
Thank you and have a great festive season. His Bless You.
The GC should be back-dated one year, so it probably says that you have been a lawful permanent resident since December 12, 2021. You can apply 4 years and 9 months from that date. Unfortunately, they do not give you credit for all the other time you waited. Take care, Jason
Hi everyone. I am an asylum based green card holder. My daughter who is also a permanent resident recently went to my home country to meet her grandparents. She almost spent more than three months and there she got married. What is the best way to apply for her spouse as a green card holder. Thanks.
If she has a GC, and is legally married, she can file an I-130 petition for her spouse and once that is approved, the case will go to the consulate where he will apply for a GC. If he comes to the US, he may be able to apply once he is here, but you have to be careful about that – talk to a lawyer if you want to try that. Take care, Jason
Thank you Jason
Jason,
How is the interview situation at the Arlington office:
1- Have the interviews returned to the pre-covid conditions (all in the same room, more efficient use of space,..)
2- What percentage of new cases are getting interviewed under LIFO?
1 – Interviews are currently all in the same room. 2 – Very few, aside from Afghan evacuees, which get priority per a requirement from Congress. When I have been there lately, it is almost all Afghans. I suspect that those cases will be done soon, and so maybe that will start to do more LIFO cases, but recently, we have not seen any non-Afghan cases get LIFO interviews. Take care, Jason
I agree. I also want to point out that Mexico and other Latin American countries have huge risks for certain populations. Gang violence, drug cartel and governmental corruption, etc.Yet, applicants from those countries are unfairly denied asylum in favor of asian countries like India and China. It’s good that their low approval rate is recognized in the blog, but I think the next step should be lobbying for reforming INA and the old asylum framework to include more grounds for asylum. It’s really discriminatory just because some kind of harm doesn’t fit some old framework that their severity of harm is dismissed and their asylum request denied. I say this in the hope that their low asylum approval rate should not be taken as granted…like as it is…it’s not normal and it should be changed.
This is particularly justified in light of my recent discovery that Indian-origin asylum claims are fraught with fraud and Chinese asylum seekers are nothing more than…”fiction writers”, per NPR
People from Central America tend to have cases that do not easily fit within the asylum framework, and so they have high denial rates. This is not related to the potential harm that they face, which is quite real. I do think the asylum system needs a major overhaul – we should not be relying on 70+ year old definitions to determine who qualifies for asylum. Instead, we should decide who we want to help and then adjust the law accordingly. I doubt that will happen any time soon, but I keep hoping. Take care, Jason
Thanks
New Year’s greetings Jason,
I’d like to add my two cents. I agree that the definition of asylum needs to be revised. However, your next sentence is unclear to me. I’m not sure what you mean by “adjust the law accordingly,” asylum law or immigration law in general? Because thinking that we should decide who we want to help and then change Aslyum law to accommodate that desire won’t end up well. The genuine asylum seekers, in my opinion, are the biggest losers in the current situation. Simply because they are losing years of their lives, which are the most valuable things anyone can have. And the reason for this is that the asylum system in the United States considers you an economic immigrant and believes that this waiting game does not harm you, but only what you want. Many asylum seekers do not appear in court, which is a sign of this. My lawyer was surprised when I asked to expedite my case, and when I asked why, she said, “Well, most of clients want to wait longer!” This theory is supported by the recent changes made by USCIS, which mean that they remove you from the removal procedure but do not provide you with benefits. If you want to come to this country to work illegally and then return home, we have a solution for you! You will stay here as long as you want and you don’t need to be worried about appointments and court dates. As a result, you will not overburden the asylum system with appointments and dates for which you do not show up. It’s a brilliant move that should have been made decades ago. On the other hand, some other countries that many Americans think they are heaven on earth have a much better system in place, which allows them to process asylum applications much faster and to be more strict when it comes to deporting people. However, if you mean that we should change the immigration law in general and figure out a way to give these people legal status, I completely agree. The reality is that the US immigration system is broken. All other countries use a merit-based system to grant residency, whereas the US government, just for instance, uses a lottery to grant green cards to 55000 people each year! God only knows how many Green Card marriage applications are fraudulent, and the system has done nothing to address them. I simply cannot accept any excuse other than that, like many other things, changing it is not in the politicians’ best interests. It would be ironic if we believe a country could land a man on the moon more than half a century ago, just a few years after deciding to do so, but can’t solve the immigration system’s insanity.
What I have been advocating for is a new definition of “refugee” based on a rational, fact-based debate about who is coming to our country, and whether we want to protect them. While I think such a debate is probably not going to happen, I do think we could largely solve our immigration woes if we could do it. But I agree that political interests from both sides (especially the Republican side) gain by not solving the problem. The current idea of dismissing cases is not a solution in my opinion, since it creates a permanent underclass of people, though I suppose it does allow those people to remain here and work illegally, if that is their main goal. What is most sad to me, is that we can “solve” our immigration problems, help many people, and improve our economy, but we lack the will and the honesty to implement solutions. Anyway, it is a new year, with new possibilities, and so we will hope for the best. Take care, Jason
New Year’s greetings Jason,
I’d like to add my two cents. I agree that the definition of asylum needs to be revised. However, your next sentence is unclear to me. I’m not sure what you mean by “adjust the law accordingly,” asylum law or immigration law in general? Because thinking that we should decide who we want to help and then change Aslyum law to accommodate that desire won’t end up well. The genuine asylum seekers, in my opinion, are the biggest losers in the current situation. Simply because they are losing years of their lives, which are the most valuable things anyone can have and changing asylum law to accept more asylums just hurts them more. And the reason for this is that the asylum system in the United States considers you an economic immigrant and believes that this waiting game does not harm you, but only what you want. Many asylum seekers do not appear in court, which is a sign of this. My lawyer was surprised when I asked to expedite my case, and when I asked why, she said, “Well, most of clients want to wait longer!” This theory is supported by the recent changes made by USCIS, which mean that they remove you from the removal procedure but do not provide you with benefits. If you want to come to this country to work illegally and then return home, we have a solution for you! You will stay here as long as you want and you don’t need to be worried about appointments and court dates. As a result, you will not overburden the asylum system with appointments and dates for which you do not show up. It’s a brilliant move that should have been made decades ago. On the other hand, some other countries that many Americans think they are heaven on earth have a much better system in place, which allows them to process asylum applications much faster and to be more strict when it comes to deporting people. However, if you mean that we should change the immigration law in general and figure out a way to give these people legal status, I completely agree. It’s fair to say that the US should find other ways to help immigrants with difficulties other than asylum applications. The reality is that the US immigration system is broken. All other countries use a merit-based system to grant residency, whereas the US government, just for instance, uses a lottery to grant green cards to 55000 people each year! God only knows how many Green Card marriage applications are fraudulent, and the system has done nothing to address them. I simply cannot accept any excuse other than that, like many other things, changing it is not in the politicians’ best interests. It would be ironic if we believe a country could land a man on the moon more than half a century ago, just a few years after deciding to do so, but can’t solve the immigration system’s insanity.
Jason, thank you for writing this article.
Let me preface my response by saying that I am fully aware that most immigration judges do their best to follow asylum and immigration laws (which is what they were employed to do/is the bare minimum). I am also pretty sure that country of origin, the specific case (which may also include missing the 1-year deadline), and being unrepresented contribute to an asylum case being approved or not. Still, we are forced to confront the “bewildering” element of the defensive asylum system/process- how does a judge end up with a 0% approval rate and another judge in the same state, city or court ends up with a 55% approval rate, for example?
I think I have the answer for the question posed above. Personally, I think it’s time we start accepting the truth instead of sticking our heads in the sand- some immigration judges have personal biases and some are outright xenophobic. The same goes for asylum and immigration officers. And, despite the asylum applicant’s best efforts and preparation, even when s/he is “lawyered up”, s/he just simply can’t win. I would estimate that roughly half of the American population (yes, I know my estimation is a statistical fallacy since this is something difficult to quantify and perhaps have never been studied) harbors some kind of anti-immigrant or xenophobic (“legal” and “illegal” immigration) sentiment. Hence, the probability of a xenophobe dressed in judicial robe adjudicating an asylum case is relatively high. I suppose one could also argue that a judge approving 95% of his or her case is either incompetent or simply not following the laws and rules.
It is quite sad that there is no real or effective oversight of the defensive asylum process. If there is, then it’s failed to curb/investigate these alarming inconsistencies.
I totally agree with you, Jamie. I may also clarify that most of the ACC assigned to the immigration courts are also with those sentiments, but I would appreciate the fact that if you (attorney) talk to them prior to the hearing and help them understand your case and the issues involved, they most likely become very helpful. Since Immigration Courts are also part of the administrative side of the Department of Justice, therefore, Judges are also employed by the same people who are opposing your case in court, and if the opponent seems favorable, somehow Judges would agree with the consent of both parties.
I agree with this – I did not mean to say that those factors account for the problem; only that they should be considered when examining an IJ’s overall denial rate. Whether it is xenophobia or something else, there are too many judges who should not be judges. Probably this is true in other areas of law, but I suspect it is worse in Immigration Court – or at least it is the only court I can think of where people with zero experience in this area of law become judges. Also, of course, there is too little guidance from the BIA and judges are left with too much leeway to decide how they please. Compound that with the habit of randomly rescheduling cases and there is very little due process or fairness at EOIR. Take care, Jason