Growing up gay in Nigeria was dangerous, both physically and psychologically. Despite the obstacles, Edafe Okporo managed to build a life for himself, get an education, and find a job where he helped gay men access healthcare. During his years in Nigeria, Mr. Okporo watched as conditions worsened for members of the LGBT community. The country enacted anti-LGBT legislation, which criminalized homosexuality and encouraged community members to report sexual minorities to the police. In 2016, a mob attacked Mr. Okporo in his home and beat him into unconsciousness, chanting “Gay! Gay! Gay!” The last straw came later that same year when–ironically–Mr. Okporo received recognition for his activism by a U.S.-based NGO. The NGO posted an article about Mr. Okporo online, essentially “outing” him to anyone with an internet connection. He immediately fled his home and fled his country.
In his new book, Asylum–A Memoir & Manifesto, Mr. Okporo recounts his tale of persecution, his escape to America, and his experience with the U.S. asylum system.
The book is an engaging read, and provides useful insights into the asylum experience from the perspective of someone who went through the Immigration Court system while detained. I was particularly interested to learn about Mr. Okporo’s difficulties during his time in detention and after his case was approved. His tale is an eloquent reminder that winning asylum is only the beginning of the journey to adjust to life in the United States, a journey marked by joy and loss.
And so for me, Mr. Okporo’s story works well as a memoir. But as an attorney who practices asylum law, I can’t help but read his book critically, and I think it works less well as a manifesto.
In some ways, Mr. Okporo is at a disadvantage in diagnosing the many problems of our asylum system. That’s because his asylum case is hardly typical. While he did not know it when he first arrived here, Mr. Okporo had a very strong claim for protection–he was a gay rights activist with significant documentation about his activities, he had an in-person witness who was a U.S. citizen, who worked for the United States government in Nigeria, and who knew about his (Mr. Okporo’s) activism, and he had the assistance of pro bono lawyers (plural). Also, Mr. Okporo is a well-educated individual who speaks English. On the other hand, like many new arrivals who seek asylum, Mr. Okporo had to litigate his claim from behind bars–at the Elizabeth Detention Center in New Jersey. In the end, the strength of his case proved decisive, and the DHS attorney (who–for some reason–is referred to here as the “state prosecutor”) agreed to a grant. After 5½ months in immigration detention, Mr. Okporo walked out of jail with permission to remain permanently in the United States.
Based on his experiences, Mr. Okporo makes some keen observations about the asylum system. For example, he points out the unique problems faced by gay asylum seekers, who may not have ever discussed their sexuality with anyone, and who now need to relate their story to American government officials in order to obtain protection in the United States.
However, other of Mr. Okporo’s observations seem off the mark. For instance, he compares asylum seekers to other immigrants and finds that, “asylum seekers are offered the fewest protections.” I am not sure what this means–as soon as a person files for asylum, they are permitted to remain in the U.S., and they can eventually qualify for a work permit while waiting for their decision. This seems like a significant protection for the individual, though for asylum seekers separated from a spouse or children–a problem not addressed by Mr. Okporo–this “protection” is cold comfort indeed.
Mr. Okporo also states that asylum seekers “have seen very little fundamental change to the asylum process over decades, despite constant changes to the asylum legislation itself.” I am not sure what this means either. First, despite some incremental changes to the law, there has been no significant change to the asylum legislation since the Refugee Act of 1980. Indeed, the need for fundamental legislative reform has been the most pressing problem of our immigration and asylum system for many years. Second, contrary to Mr. Okporo’s point, there have been major administrative (as opposed to legislative) changes to the asylum process. These include the last-in, first-out scheduling regime for affirmative asylum seekers, aimless docket reshuffling in Immigration Court, the “Remain in Mexico” policy, Title 42, Attorney General decisions related to asylum for victims of domestic violence and gang violence, and changes to the work permit process, to name a few.
One issue that is notably missing from Mr. Okpor’s book is the problem of fraud, which animates many of our nation’s political and policy discussions related to asylum. As a person who seems to have had a very valid claim for protection in the U.S., I would have been curious to hear his views on asylum fraud, which not only damages “the system,” but also makes it more difficult for legitimate asylum seekers to obtain sanctuary in our country.
I would also have liked to learn about Mr. Okporo’s position on the debate over how many asylum seekers should be permitted to enter the United States. Public support for a generous asylum policy has been on the wane, and it would have been valuable to hear Mr. Okporo’s views on why the rising restrictionism is bad for our nation, and what can be done.
Perhaps some of these criticisms are unfair, but Mr. Okporo is a successful advocate who has gone through the asylum process himself, and so I would have liked to hear more about his policy ideas. I think he has a unique perspective and a unique moral authority to discuss our asylum system. His new book is a good start, and I look forward to hearing what else he has to say.
Hi Jason,
I have had a question lingering on my mind for a while now. I saw your article about traveling on AP and returning back in the US, but still need more clarification.
I have pending affirmative asylum case with about 6 months visa over stay( unlawful presence) while preparing and filing my case.
My question, is it safe to travel to a 3rd Country and back to the US with an Emergency AP?
Would the overstay make my return difficult?
Would EB3 work for me too?
Thanks for your feedback,
If you have a valid AP document, you will be able to return to the US regardless of the overstay. However, I do not know how leaving the US would affect eligibility for EB3. I suspect that you will need to process the EB3 at the US consulate overseas, but there are exceptions to that rule and if you are eligible to process it in the US, leaving might create issues for you (as it could trigger the “3/10 year bar” if you have overstayed in the US for 180 days or longer, which would probably block you from getting the GC for 3 years, or at least make that more difficult). Depending on what your plan is with the EB3, I think you should talk to a lawyer to check how travel might affect that. I did posts on August 28, 2018 and September 6, 2018 that relate to getting a GC based on employment, and those might also be of interest. Take care, Jason
The reason I want to leave is to see a sick parent in a 3rd country but worried of my Return with the AP due to the over stay. So AP wouldn’t trigger 3/10 years ban if I leave?
Thank you.
For purposes of your returning to the US, as long as you have valid AP, you can do that. For other purposes (adjusting based on the job), the departure from the US may trigger the 3/10 year bar; I do not know. But if your only concern is visiting your parent in a third country and returning to the US with AP, that should be fine. Take care, Jason
I filled out i730 to USCIS and they requested the i589 form the one who my lawyer filled to immigration court and stamped one . I don’t have this document in my hand but I do have 797 i589 filled confirmation. Can I submit this document? Please advise me.
Thank you
Maybe. It depends what they are asking. If they want the whole form, that may not work. If the case is an “ECAS” case, meaning it is available online to lawyers, your lawyer (if you have one) can get a copy easily. If not, you might try calling the Immigration Court to ask whether they can assist you – you can find their phone number if you follow the link under Resources called Immigration Court. If all else fails, you can request a copy of your file – follow the link under Resources called FOIA EOIR, but that will probably take a few months. Take care, Jason
Hello, I am an asylum seeker. On aside of the asylum case, I have filed for I-485 based on my US son who petitioned for me using I-130 followed by I-485. USCIS has transferred my entire file (the asylum application and the I-485 application) to the immigration court. The immigration court found me inadmissible and put me in Removal Proceedings. I have filed I-601 asking for a waiver.
The court has approved the waiver. As you know, the immigration court issues its approval by checking what applies to me on the decision template. Therefore, the court has checked that: 1- they granted me the waiver under section 212(h), and 2- they granted the Adjustment of Status under section 245(a). My lawyer said congrats the court has granted you the green card and you just need to wait before you receive it.
Two days after the court’s decision, the USCIS sent me a letter stating that: “on May/2013, an immigration judge ordered your case to be administratively closed. It does not appear that the removal proceedings against you have been terminated. Since you are a respondent in a removal proceeding and you are not an “arriving alien” only an immigration judge has jurisdiction to grant or deny your form I-601. Because USCIS does not have jurisdiction, your form I-601 is administratively closed. This does not prevent you from seeking a decision on Form I-601 from an immigration judge. You may not appeal this decision. If your removal proceedings are terminated without a ruling by an immigration judge on your From I-601, you may submit to this office a copy of the terminating order and a written request for USCIS to reopen your From I-601″.
My questions: 1- I was granted both Waiver and Adjustment of Status, but the lines of Withholding of Removal and Cancellation of Removal are not checked in the court template. Does having a court order granting me the waiver of the adjustment of status overwrites the removal so I don’t need the court to grant me Withhold of removal or cancellation of removal separately? 2-What will happen to the green card? Will it arrive to me or do I still need to do a specific action with USCIS before they process it?
Excuse my English proficiency and I am sorry for the long question. I tried to make it as simple as possible.
I think your lawyer needs to explain, as I do not have all the details, but based on what you write, it sounds like the judge has granted your GC (adjustment of status under INA 245(a)), which is superior to Withholding or Removal or Cancellation, but you need to Google “post order instructions in Immigration Court” and follow those to get your actual card. Take care, Jason
I am just doing some research in religion and LGBT issues:
It seems that most Americans are Christians (Roughly 48.9% of Americans are Protestants, 23.0% are Catholics…).
In the Bible, I think it says that God deems homosexuality abomination…and homosexual sex detestable act…
So I am just wondering, I would assume most asylum officers or ALJs are .. Christians ? How could they feel comfortable granting LGBT asylum seekers relief while reconcile with their faith ? And on the flip side, some immigrant advocates are Protestants or Catholics as well…and how could they feel comfortable helping LGBT asylum seekers while reconcile with their Christian faith ?
Please help me understand. I know for a fact that the religious community and the LGBT community don’t have a good relationship. The most obvious example is the gay wedding cake case that they fought all the way to the Supreme Court.
The Bible says a lot of things (you should be stoned to death for violating the Sabbath), and we have found ways to mitigate that. I think your concern is misplaced and that few adjudicators would deny asylum to a person because they are gay. Also, by the way, the Catholic Church views homosexuality as a sin, but they represent many LGBT asylum seekers. Take care, Jason
Thanks Jason for weighing in 🙂
If you don’t mind, would you like to expound a little bit about the “ways” you mentioned ? you don’t have to. I am just curious how it works…
I also want to explain my reasoning for asking this: I just feel that since asylum is a discretionary benefit, and persecution is not well-defined…I just don’t know how an LGBT asylum seeker could convey the harm and the fear to a person who is of a completely different experience. Just like I don’t know what’s it like to be straight man…I don’t think a heterosexual adjudicators will be able to share the empathy of an LGBT asylum seeker, i.e. feel what s/he feels… And seeing the below article…it makes me worried that…if an LGBT asylum seeker, during the asylum interview or court hearing…describes some of his/her private
personal experience…wouldn’t that make AOs or ALJs…bodily/subconsciously/carnally uncomfortable (which I think is natural impulse and I have no judgment about it, and some of the uncomfortableness is due to the asylum seekers’ experience go against the AO or ALJ’s faith)…And it I fear might impact their adjudications…they are after all…humans…
https://www.thepinknews.com/2017/07/11/study-finds-heterosexual-men-find-gay-men-as-repulsive-as-rotting-flesh/
@other LGBT asylum seekers, please also chime in. I would like to hear your experience in asylum interviews and court hearings…
Interpretations of the Bible mitigate many of the harshest rules (honor thy father and mother on pain of death!), and it could be the same for the text related to a man lying with a man, but prejudice people prefer to cherry pick the “sins” that they want to hold others (always others) accountable for. Take care, Jason
Thanks 🙂 👏…I feel that in the future, I want to be a Christian. I used to be an atheist but I kind of want to experience being religious…
Hello Jason,
Thank you once again for everything. I want to change my status and would like to engage your services. Could you please help me with your phone contact please.
Thank you
It is best to email me: JDzubow@DzubowLaw.com. Take care, Jason
Hello Jason,
Can someone expedite i485 family based decision due to the spouse pregnancy?
Thanks
You can try – I wrote about expediting in general on January 29, 2020. Maybe that would help. Take care, Jason
I am sorry to hear about the unfortunate incident that happened to Mr. Okporo in Nigeria. As much as I support the concept of unlimited individual rights, I also understand the significance of respecting community values and norms. Some developing countries restrict certain individual rights, such as engaging in public sex, abortion, and prostitution, but I believe that a person should have sole control over their body. It is interesting to note that when developed countries like the USA impose restrictions on our rights, there seems to be a lack of protest, while there is an outcry when African communities strive to preserve their norms. It is crucial to show respect for community values and norms.
For Mr. Jason’s office: I think it is not right to represent someone who is not respecting his own people’s norms and values.
I obviously disagree that it is not right to represent a person who allegedly does not respect his communities norms and values, especially when those values involve killing people who supposedly violated the norms. On the other hand, your basic point – that communities enforce norms and there are benefits to that – is well taken. I do think there needs to be a balance between preserving norms, evolving norms that are damaging, and individual rights. Also, it is important to understand that asylum is not about the foreign country’s norms; it is about our norms, and who we choose to protect. Take care, Jason
Hello,
I received asylum last year,I immediately applied for Refugee travel document but it still processing. I hope to get it in few months. I m about to apply a green card ,since it s free can I include the I 131 form for another Refugee travel document. The idea is that if I get the one I filed last year,I ll get this new one probably the time first RTD expires.
Is this possible or I need to get the 1st and wait it to expire so I can file a new one.
I do not know. I guess you can try. I doubt it will create problems, though I have not tried that before and I am not sure. Also, I do not know why the RTD application filed with the I-485 will be any faster than the first RTD application. Take care, Jason
Hi,
I’m Asylee ( Granted Asylum in immigration court )
I applied for my green card last week, but I have forgotten to send a travel document application too at the same time. I paid the UCIS fee with a money order
So shat I can do to send my travel document application without paying US Travel document application?
Once you get the receipt for the I-485 (in a few weeks), you can file the I-131 for the refugee travel document and include a copy of the receipt instead of paying the fee. We have done that before and it should work. Take care, Jason
Hi Jason,
I have a question, my wife and i had individual hearing last year December 9th and our background checks were not ready also the judge needed supplemental document so i will have next individual hearing next week, my attorney sent an email to DHS about our background checks and the officer replied to his email this,
Their background checks are not ready yet. we are still working on it. if it is not ready by the next hearing date. I will file a motion to continue.
can you please tell me what that means?
thank you so much in advance.
For whatever reason, background checks are not yet done. This does happen sometimes, and I have no idea why. However, they often get completed shortly before the hearing, and so hopefully that will happen. If not, the DHS attorney will ask the judge for another continuance (delay) until later when hopefully, the checks will be done. Take care, Jason
Thank you so much, if not ready judge can make decision or no?,
Normally, the judge will not make a decision if background checks are not done, but sometimes, they might (with a caveat that if there is a problem with the background check, they will re-open the case). I have a case now with this problem. The judge is not making a decision, but she already told us that she plans to grant, as long as the background checks do not reveal any problems. So it was nice to hear that. Take care, Jason
Hi Jason,
I am kind of worried that IJ or DHS subpoena my medical or psychological records. Do you have it happen to your clients ? or heard of that happening ?
I have never heard of such a thing (unless maybe they are part of a criminal record), and so I do not think it is something to worry about. Take care, Jason
Thanks
Hi Jason,
I have a quick question. I have a pending asylum case and I applied for rent relief during Covid. I got rent assistance from my state for 3 months. Does it going to have an impact on my application?
Thank you in advance for your response.
No effect. There is a “good moral character” component to an asylum case, and so if you committed some type of fraud related to Covid relief, it could have a negative effect. Otherwise, there is no effect. Take care, Jason
Hi Jason
Thank you for what you do here. My husband and I filed for asylum (he is the derivative) in 2015 and we are still waiting for an interview. Last year i filed for EB3 and it was approved. Our attorney submitted our 485s together. The USCIS send me a combo card, my husband got his EAD but they denied his AP because he was out of status when we applied our our asylum. We are still waiting for the adjudication of the 485s. My question is can we apply for an AP based on asylum so that my husband can travel to a third country to meet his sick dad? Will the denied AP based on EB3 have any effect on the application for AP based on asylum? Thanks.
Hello Advance Parole,
I am about to be in the same situation as you. Have you been in status when your husband filed your asylum application? If so, have you been able to keep your status until today? Thank you.
@Alex, no, i have not been able to maintain my status since from the time we filed for asylum. Maintaining the F1 status for 8 years is next to impossible. So, if or when they call me for an interview, they may approve my application or have me do a consular adjustment process. Am ready for any eventuality.
Wish you the best. Thank you for the response.
That is very annoying that they denied the AP, and I do not really see why they would grant him an EAD based on the I-485 but deny AP; it does not make sense and maybe you want to have a lawyer look into whether that is proper. He can file for AP based on the pending asylum case – I wrote about that on September 11, 2017. Take care, Jason
Hi Jason
Warm greeting
Asylee who applying green card can they apply travel document also in same time with same fee ? Also can they apply green card after 6 months of approval?
Thank in advance
When an asylee files form I-485 (for the GC), they can also include the form I-131 for the Refugee Travel Document at no extra cost. In terms of when you can apply for a GC, a new USCIS rule allows you to apply sooner than one year after winning asylum – I wrote about that on February 8, 2023. Take care, Jason
Hello Advance Parole,
I am about to be in the same situation as you. Have you been in status when your husband filed your asylum application? If so, have you been able to keep your status until today? Thank you.
Hi Jason,
I’ve been following your posts for years, and just wanted to thank you for all your time you are putting into it.
I applied for asylum in 2014, have not had the interview yet. The system is now is LIFO as I know. Do you know if they are still reviewing the old cases, or they are only focusing on the recent ones? Thank you
Supposedly, they hired a few officers to review old cases in some offices. I have not seen any evidence of this, and supposedly, there are no such officers in my local office (Virginia). The thing is, they are not very transparent, and so it is difficult to know for sure. I think your only real option is to try to expedite the case – I wrote about that on March 23, 2022, and if that fails, you can try a mandamus lawsuit. Otherwise, you can keep waiting and eventually, hopefully, they will get to your case. Take care, Jason
How big of a chance can a person ordered deported win appeal from BIA or Circuit Courts ?
I personally know very few people out of many are able to have BIA or Circuit Court remand their cases to the lower court…
If a person is ordered deported … does that pretty much mean (more likely than not, as in > 50% chances) that s/he will probably be deported, assuming no other relief ?
Please advise
It depends on the case, but certainly, it is possible to win in either forum. Take care, Jason
Hey Jason my PR card was obtained by U visa. My asylum was terminated by the court. My question is can I go back to my COP. Can this stop me from coming back to US. Plz comment.
It is probably ok to go back, but the fact that you received a green card on some other basis does not erase the fact that you filed for asylum. If the US government believes that the asylum case was fake, it could create issues for you, and so you should be prepared to explain why you returned and how you stayed safe, just in case you are asked. I wrote more about this on January 6, 2016 (this is for asylees returning to the COP, but the same principles apply). Take care, Jason
Start by making sure you have a Refugee Travel Document. It’s best you travel on that when returning to the US. As for the COP, the best-case scenario is to have a valid passport from that country still and use it to book your flight to it. Booking a flight with an RTD and presenting your COP passport might present challenges. You also should show the COP passport when departing. Upon return to the US, use the RTD at immigration. Have a sound reason for returning too, death in the family, maybe unresolved finances, like closing out a bank account, or paying off taxes.
I had to go back to mine to attend my mothers funeral, while there I received the death cert as well as collected my birth cert.
Were you questioned about your asylum upon returning?
Nope, just presented my RTD and GC and was asked what I do for a living let right through. My fear was people from my country seeing me with a green booklet and getting nosy.
Thank you 🙏🏼
ENRONN SIERRA, thank you for your input.
Again, I feel like you are misinforming people. A former asylee- one who has adjusted his/her status to LPR- is free to travel. There is no restriction on travel when an asylee has adjusted his/her status to that of LPR. Asylee and LPR statuses are not the same- irrespective of the fact that you’re conferred with LPR status as a direct result of your asylee status. USCIS can’t legally terminate your asylum status as your asylum status, pursuant to the BIA and Circuit Courts’ rulings, would have already been terminated by virtue of the adjustment of status. The BIA’s rulings made clear that all LPRs are treated the same, and it’s rulings also clearly say that former asylees are not restricted to travel, nor do they need to seek the Attorney General’s permission (in the form of an RTD) to travel outside of the US and return.
The BIA reasoned: “As the Fourth Circuit stated, the language of section 209(b) identifies two immigration statuses and describes a process for an alien to “adjust to” the status of an alien lawfully admitted for permanent residence from the status of an alien granted asylum. Id. at 191. We agree that this language indicates “a change to and not an accretion of the second status.” Id. (citing Adams, 692 F.3d at 97 (“Plainly, then adjustment of status . . . references some change in that status corresponding to a change in the alien’s relationship to this country.”))”
The BIA further reasoned: “As the Fourth Circuit noted, an asylee who adjusts status under section 209(b) obtains significant benefits, including “a direct path to naturalized citizenship,” a better chance for his or her family to obtain lawful permanent residence, and “the right to travel outside of the United
States without the advance permission of a refugee travel document.” Id. at 192. An asylee who adjusts to lawful permanent resident status also cannot have that status terminated on the grounds that he no longer has a well-founded fear of persecution. Id. However, an alien who prefers to retain
the benefits and protections of asylee status, including the restrictions against removal under section 208(c) of the Act, is not obligated to file an application for adjustment of status.”
Aside from traveling, other restrictions removed when an asylee has adjusted his/her status:
> requiring the former asylee to continue to meet the definition of a refugee
>potentially accusing the former asylee of voluntarily availing him/herself of the protection of his/her government
>the potential of denying the former asylee adjustment of status because of changed country conditions
>accusing the former asylee of firmly resettling in another country
>etc.
However, like any other immigration category, you can be accused of fraud. Your asylum claim can’t be inconsistent with your travel pattern. For instance, though you can do this successfully, you shouldn’t claim that you are wanted by the oppressive government in your COP but you are frequently travelling to the COP, buying property in the COP, applying for and using the COP’s passport, for example. If that’s the case, the U.S. government would be within their right to question the legitimacy of your asylum claim. Even so, the onus would be on the U.S. government to prove that you fraudulently obtained asylum. Merely traveling to the COP or using the COP’s passport does not meet the preponderance threshold.
See:
-Matter of N-A-I
-Ali v. Lynch, 814 F.3d 306 (5th Cir. 2016)
-Matter of C-J-H.
-Mahmood v. Session, 849 F.3d 187 (4th Cir. 2017)
-INA § 209(b)
-INA § 208(c)
My concern is the fraud claim. The US government has generally not been aggressive about this, but of course, that could change from Administration to Administration and I do think anyone who travels with the passport or especially to the COP should be prepared to explain themselves. I have had many clients use the passport and some return to the COP, and no one has had a problem, but I always think it is best to be cautious about these things and to be ready for questions, just in case. Take care, Jason
Jason, I also agree that the former asylee should be cautious and be prepared to explain. This is especially true since immigration officers (the government workers screening arriving citizens, permanent residents, non-residents, etc.) can sometimes be arbitrary or have a limited understanding of the law. For the naturalization interview, it is conceivable that the officer may ask about the return(s) to the COP, especially if the return trips were frequent/inconsistent with he asylum claim. I don’t see how, given that the current law is clear, the applicant would lose the appeal- especially with a good lawyer. As for a new administration, this is unfortunately not something we can control. Like we saw with the previous administration, many of the things they did were arbitrary, deliberate/systematic and many times were in clear violation of the law. If the new government intends to be arbitrary, and they want to apply their unlawfully policies retroactively, they can find creative ways and means to do so- which is not only limited to unlawfully targeting former asylees who decide to do short trips to the COP. As such, if we should dwell on these things, we’d constantly live in fear and not enjoy life. Ironically, that would be very similar to the persecution you fled from your COP- the constant fear that a new administration is going to arbitrarily and unlawfully strip you of your status and deport you because you did something lawfully/something the law says that you can do. I am also sure these policies would be challenged in court.
I agree and maybe I should be clearer – I don’t think people who got a GC based on asylum should be afraid of travel or using a passport. I think the chances of a problem are very low, especially now. However, I think they should be prepared to answer questions, and if they are, this will make the chances of a problem even lower. Take care, Jason
I was not gonna present my RTD in my COP. That would have raised instant red flags. I booked the flight using my RTD and they were having problems when I tried to use my COP passport at the self kiosk. They first thing the immigration officer asked, was do you have another passport. When they then pull me in the back and interogate me, why do you have a Refugee Travel Document?
My recommendations were based on reducing any delay in my movement or potential detainment. Until I have a US passport, I wouldn’t even want to visit for a day. Exceptional circumstances is why I had to go.
Thank you for sharing this. It seems very difficult to avoid some risk, and so in this case, it sounds like it would have been better to use your passport to book the flight and take the (very small) risk of questions from the US government, rather than the risk of having to tell the COP government about your RTD (of course, you could not have known about this issue until you tried it). Maybe this argues in favor of booking any flights to the COP using a passport, as people may not want to risk trouble from the home government over the RTD, and then using the RTD to return to the US. Becoming a US citizen will finally solve this problem, but that is a long process. Take care, Jason
It certainly provides a valid reason for a permanent resident based on asylum to apply for a COP passport. If you need to travel back for emergencies, you can at least explain why you applied for one. In my case, I was in a sort of goldilocks situation. My COP passport remained valid and my gut instinct said showing them my RTD would not have been to my advantage, arriving and departing the country. But, my desire to visit again has faded, now that my mother is gone. In some ways, I feel her spirit came back to the US with me. In the future, this is something I will talk about my experience and what the psychological and mental process of naturalization actually feels like. These terms are more than symbolic and its something I notice with each passing year here in the US.
The difficulty of the immigrant experience is one thing that makes it so interesting – something is gained, but something is certainly lost. Take care, Jason
Good morning,
I have a question of curiosity for those who were granted asylum and renewed their driver’s license. If you renew your driver’s license using your A05 EAD , Does it mean your driver’s license would only be valid for two years or the DMV would still give you a full validity? Do I need to go back with my I 94 as to get one with a full validity? Please share your experience.
Hi
I strongly advise against giving them your EAD. One of my friends had a similar experience where he gave them his EAD and only received a two-year valid driver’s license. However, his wife only provided them with the approval letter and I-94, and she received an eight-year driver’s license. It’s important to note that providing your EAD is not mandatory for granted asylum
Hi MM,
I already made that mistake of giving them my EAD. I am still waiting to see what kind of driver’s license they will give but I have that hunch as if they will only give me something valid for 2 years
Dear MM,
You were completely right. The DMV only sent a driver’s license valid for 2 years. Had I known about this before, I wouldn’t have made such a huge mistake. Thank you for your response.
Hopefully, someone who knows can respond, but asylum is a permanent status and so they should give a license for a longer period. It may vary depending on the state DMV. Take care, Jason
Hi Jason. My EAD expires in June. Also my driver’s license expires that same day. I have applied for renewal and still waiting. I’m scared I wouldn’t be able to renew my driver’s licence. The last time I was at the DMV it was a tough process, I was told they would date my driver’s license to expire on same day as the expiration date of the EAD.
As long as you filed to renew before your old EAD expired, you got a 540-day automatic extension of the old EAD – I wrote about that on May 11, 2022, including links to the USCIS web page. You should be able to use that info to renew the driver’s license (and if they refuse, insist on talking to a supervisor, since you should be eligible). Take care, Jason
I just want to say THANK YOU to Jason for the guidance, insights, advices and support he provides ( for free) on a daily basis to asylum seekers massively stuck in a system :some for decade without any idea on how and where their lives will move into.
To those who are in limbo, Keep Hope alive and keep your Sanity intact while waiting. Both are difficult but possible.
Last week IJ granted my case, and he sounded a little nervous about why I was referred to court (considering my country conditions and evidence provided at Interview back in 2017),and the fact that that cost me to wait 08 years to get a decision.
I waited, I worked, I acquired professional skills etc, and all these alleviated my broken parts while I waiting. We can’t get everything we want and fight for when we want because as our entire lives, things are out of our control. Change direction and option if your immigration plan doesn’t work, do something useful for your mental health and overall well being ( I’m not teaching anyone lol)
Great things are never easily obtained and in a current broken world, Patience is a key.
Thank you Jason.
Thank you and Congratulations! We have posts about what happens when asylum is granted on May 16, 2018 and December 15, 2021 if you are interested. Also, the advice to live your life while you are waiting is the best advice for asylum seekers, so thank you for that. Take care, Jason
Scott Hicks is an immigration attorney from Ohio. He also serves as a pastor in a church in Oregonia, Ohio. Scott’s bulk of his clients are asylees and related immigration cases. Like most of us here, he grapples with the brutality of the USCIS especially in the delay of the renewal of EADs. It is sad that EAD applicants are losing jobs and housing due to the delays of the renewal of their EADs.
Below is a post that he did on Facebook this week.
Tales from the Labyrinth
(today at the Intersection of Faith and Law)
This weekend I received an email from a client. He was desperate. He had received a 3 day eviction notice because he could not pay his rent of $350.00 for February. And of course March’s rent is due this week.
Many of you know that in addition to being a lawyer, I am also a pastor in the UMC (Oregonia UMC). So I brought the problem to my parishioners and they immediately gathered up the money to help him. The treasurer wrote checks and I personally drove them down in the middle of the day to the client, after verifying with the landlord that if the matter was paid he would be allowed to stay.
He is so desperate because he is basically living off of odd jobs he can find, but that has dried up in the winter months. (Our church has also been helping with his basic grocery needs for months)
But here is what makes me angry.
We filed for his work authorization MARCH 14, LAST YEAR!!
That’s right. He is legally permitted to receive work authorization, and has filed the proper paperwork to receive it, and yet here we are literally days away from one year from filing, and Immigration has done NOTHING! When you check the status, it says, we received your application on March 14, 2022 and sent you a receipt. That’s it.
So this poor guy has been surviving on odd jobs and generosity for a year now.
This administration is just as cruel and just as incompetent as every other administration before it.
We treat animals better than this guy. In fact, if I treated my dogs the way Immigration and this administration treats immigrants like this guy, I would be facing criminal charges.
This, this is the measure of a society. And we are failing!! We are not taking care of the weak and the vulnerable. We are not treating people with respect and dignity. And THIS IS THE WAY THE SYSTEM IS DESIGNED TO PERFORM. I’m angry, if you can’t tell.
But ….
I am so grateful to my church for increasing my salary and allowing me to focus a significant part of my time on ministering to immigrants. We have been instrumental in launching an immigration legal clinic for low income immigrants., along with a number of other UMC churches, and we intend to expand the ministry in other significant ways.
And I am also so grateful to the people who send me donations that frees me up to help people like this man, who otherwise would have no one fighting for them against this monstrous system.
Thank you – I am curious to know what type of EAD application he has, since most (but definitely not all) first-time EAD applications are generally faster than a year. Also, if this is a renewal, maybe he would get an automatic extension of the old EAD. In any event, the main point is clearly correct – the immigration system under Biden is incompetent, and while I do not think this Administration’s policies are intentionally cruel in the way of the last Administration, the effect is clearly cruel and the failure to alleviate the problem is certainly blameworthy. Take care, Jason
I want to add my 2 cents here.
It looks like it’s a renewal of C8 EAD. Which I think since u filed on March 14 last year and haven’t been adjudicated…should still fall under the 540 day provision.
So it looks like he is still work authorized…
I personally feel that a lot of Mr.Hicks’ complaints to the govt is … misplaced. They clearly indicate that in this situation, the person is able to work. The problem is that the employer discriminates based on types of work authorization…
They are the ones that decide not to hire this man…thus making this man unable to pay the rent…the govt has the green light and should not be responsible for this…
I want to talk about B*den next…so it appears that the grade of Biden gets is not very great I guess ? I am trying to make up my mind who to support (My OCD kicks in…I want to root for somebody so I have a clear direction that guides my action…)
I remember @Jason you said that DeSantis, from his record…won’t be friendly to asylum seekers…and it seems also indicated here that Tr*mp administration is intentionally cruel…
If a pending/order deported asylum seeker has to choose among the three…is B*den still … the best choice among the three ? Thanks
Biden has been pretty terrible for immigration, but Trump or DeSantis would probably be much worse. Take care, Jason
Thanks Jason for weighing in 🙂
I will take that as an endorsement from you for B*den.
Glad it concurs with my position.
I now sincerely pray B*den re-elected to serve 4 more years.
As much as I don’t like what Trump stands for, I have to admit, things moved faster under his administration. Biden is very out of touch and comes across as almost a figurehead. Look at even the mess he made with Afghanistan and not giving Ukraine the appropriate protection they requested. Personally, I think he should not run in 2024 and I don’t think Kamala should either, I would even prefer Bernie Sanders, Elizabeth Warren, or even Hillary Clinton. I like Pete Buttigieg but even though America has come a far way, having a President who is Gay is still too far out for many. I predict maybe in 10 to 20 years.
A reliable test for whether people TRULY accept LGBT people is to gauge their attitude regarding whether their attitude is equal if their biological children are part of the queer community.
I don’t think many “progressive” people can even pass this test, meaning they have the same attitude regarding whether their biological children are or aren’t part of the LGBT community, even before the fact( i.e. “I have no problem if s/he is, but I wish s/he isn’t” kind of attitude will fail my test). So when non-LGBT people say they support LGBT people, I normally discount this assertion.
My preference is one of those Mid-Western governors – I forget the name, but the one who they tried to kidnap and there is one other. However, I don’t think anyone is going to fix the immigration system without Congress, and given increased migration due to global warming (and it’s “side effects” such as increased conflict), more people will continue to try to come here and pressure will continue to increase, as will the backlash against immigration. My predictions are usually wrong, but I don’t see immigration reform going in a good direction any time soon. Take care, Jason
I think the situation at the border is full of such a double standard right now. Latinos and Black people from countries such as Africa and Haiti are getting shafted. Yet, Ukrainians and Russians can easily get through without question. Tells you quite a lot about what immigration thinks of certain groups of people. I believe even status such as citizenship is gonna get harder for many. I can’t wait for my time to come. If the Republicans get back in power, you can bet there is gonna be so much extreme vetting.
Hi Jason, We got referred to SF court at Jan 2022 and we filed back in 2016, and the individual hearing will be 2026 and I am derivative of my husband case and we are going to divorce in couple of next week but I am not working so he accepted to let me stay at his house and take care of our small kid as well. My question is can I open my own Asylum case after I get divorce from him since I am here from 2016? And then I will be getting interview in USCIS or what going to happens to my brand new Asylum case?
Thank you,
If you are in court, you will have to do the case in court, and probably separate that case from your husband’s case. You meet an exception to the one-year filing deadline because you were a dependent on your husband’s case (I wrote about that deadline on January 18, 2018). However, once you are divorced, you are automatically removed from his case and so it is important that you file your own I-589 with the court before the divorce or very quickly after the divorce (within a month at most). If you do that, the one year bar should not be a problem (assuming your and your husband’s original case was filed within one year of arriving). If you fail to do that, your asylum application would likely be denied as filed too late. You should talk to a lawyer to get started on this, as the sooner you do it, the beter and you will be protected (it will also allow you to file for a new work permit – once you are off his case, you may not be able to renew your current work permit). Take care, Jason
I want to ask, I needed to renew my work permit and I discovered that C8 applicants (asylum pending category) can apply online, please let me know if this is true. Thank you.
That is true, though the process is still rather clunky. You can apply on the I-765 web page at http://www.uscis.gov. Take care, Jason
Hi Jason,I know you wrote about the new Asylee guidance on physical presence in an earlier post but have you had anyone at your office file early with success?
We are starting to file some cases, but these will take months or a few years, and so I do not have any results yet. Also, if they take a long time, and if the person acquires the required one-year of physical presence in the US by the time the case is decided, they should be approved. I feel like I am taking a pretty conservative approach by suggesting that my clients do not file until the have 6+ months of physical presence. Probably, they could file immediately, since these cases usually take well over 1 year, but I just do not trust USCIS on this, and also, there is no guidance yet about what happens if USCIS happens to process the case before the one year. Until we have more info, I will be recommending waiting at least 6 months before filing for the GC. Take care, Jason
I want to ask some questions regarding LGBT asylum seekers:
I would like to know how could it be possible that an LGBT asylum seeker be granted asylum ?
First, in countries that have laws banning homosexuality, couldn’t the applicant…hide ? and do things in discreet ? This doesn’t rise to the level of persecution right ? Why do you have to seek asylum in the U.S. ? Nobody is killing or jailing you if you don’t let people know…right ? I know that, in a lot of countries, gay men marry women to shield their homosexuality…so it’s…doable to hide ?
Second, many LGBT asylum seekers face private harm…Isn’t internal relocation enough to resolve the issue if it’s private harm, in addition to the hiding solution mentioned above ?
Please explain to me like I am 5. Thanks. When I hear LGBT asylum cases, these are the first questions that come in my mind.
What a great analysis @LGBT Asylum. So if you have different political opinion in country of origin, don’t say anything and hide yourself. No one is gonna harm you. And if you have a different religion than majority of people, why not convert to majority religion – or atleast hide your religion, go practice secretly. And change your race or marry a straight person even if you’re gay/lesbian so make life of both people hell.
You seem like a homophobic person, so instead of giving those “great” solutions to already marginalized community, fix yourself.
These are some of the arguments that (at least in the past) have been used against LGBT asylum seekers.
Race is not changeable and easily visible, so if some country persecute a certain race, you have nowhere to hide…But political opinions and sexual orientations can be hidden.
I know for a fact that people who were jailed for political opinion denied asylum, because the adjudicator reasoned that, if they just shut up and live their life…the persecutors will not try to harm them again…I also know people who are rejected asylum because the adjudicator believes that they can just practice religion in their home (underground church)
In my opinion, religion, political opinion and PSG are hard asylum cases because you have the option not to show, so why show ? why exhibit your opinion, religion or PSG (transgender people aside)…you might as well get challenged by AO or IJ about this…
So I am just curious…how could an asylum seeker respond to overcome this challenge ?
LGBT cases tend to be strong because sexual minorities face severe harm from the community and the government. Gay people are protected under asylum as a particular social group, and government are often unwilling or unable to protect them. And also, people are not required to live in hiding. For these reasons, such cases tend to be strong. Take care, Jason
Thanks Jason for weighing in 🙂
I agree with you on this point and on the point that people are not required to live in hiding. LGBTs do face serious harm. I would like to follow up a bit.
So I mostly apply the framework of gang/domestic violence, cause they are mostly private harm, and it’s not hard to infer that govt don’t really (unwilling and/or unable to) protect those victims. That’s why I myself feel that LGBT cases are hard cases.
Is that LGBT cases are easier to win than gang/domestic violence cases in your experience ? and if it’s the case, is the only stronger side of LGBT cases that they are a more…distinct PSG ? than say women…(too broad)…or “people who have been harmed by gangs” (circular/amorphous)…Cause other than this point…I don’t see other distinct difference between a gang/domestic violence asylum case and an LGBT case…I mean if it comes to private harm.
Thanks
BIA case law has defined sexual orientation as a PSG, so that is the basis for these cases, and since the feared harm is usually severe, and since the government often will not protect LGBT people, these cases tend to be strong. Take care, Jason
I won my asylum case based on my sexual orientation. It wasn’t easy and required gathering country reports and getting letters of support from friends and acquaintances. Those questions you asked about not coming out or relocating to different parts of the country are actual questions that were asked during the interview. What made my case even more interesting is, I traveled back and forth to the US for decades and never filed for asylum.
But, I came to a boiling point as I got older: the isolation, delaying the inevitable, even if I moved to somewhere else, suspicions were gonna start about my sexuality. I come from a country where people don’t mind their own business. There was even a story of an older single man, who had friends come to visit from time to time, all men triggering the entire community to burn down his house for it.
Now, I could have put on my poker face, grin, and bare it, but to what benefit? I was so lonely and as a human, there are certain lived experiences I was missing; experiences my straight counterparts took for granted. Having girlfriends, casual sex and just being able to express your identity without fear. The privilege of that kind of freedom I could never imagine in my home country I don’t ever see it happening in my lifetime. If you read the comments on social media from my COP regarding LGBT stories, its always negative. A lot of them are wise though, but many are still harsh.
Thanks for telling ur experience @Enronn
Not to gloat but…boy…how prescient I am…in predicting the kind of challenges LGBT asylum seekers will face from AO or IJ…
Is there any experience of you that you think qualify for past persecution or well-founded future fear ?
I believe you rightfully deserve asylum.
I just personally feel that most LGBTs in most parts of the world face harm…shouldn’t they all be granted asylum ? But in reality, it’s not the case, I see a lot of lgbt asylum denials. So this … drastic difference makes me confused. Why some granted asylum but others denied. @Enronn, what do you think you did right in your asylum application ? any suggestions ? Thanks
Honestly, I just told the truth, I didn’t embellish anything like makeup stories about being chased by people in my town with torches or anything wild like that. But the success of my case also rode on the backs of those who gave the ultimate sacrifice and didn’t even get the chance to survive, but their stories became known in international media giving my country a well-known reputation for its homophobia. Complementing those country reports with my own lived experiences, from as far back as my childhood, I was always being teased or bullied: sissy, faggot, being ganged up by people I thought were friends at a very young age. I remember one point it became so relentless with the name-calling and a particular incident being ganged up in the schoolyard.
Its not like I was even trying to out myself, but there was always something about me that just made people just immediately come to the conclusion I was gay. I remember when I started attending higher education, within weeks it spread on campus I was a faggot. Take into account, I am not doing anything outwardly to even suggest I have same-sex attractions. I remember this girl and a couple of dorm mates went to this place where you could see the cityscape. She pulled me aside and asked me, is it true you are a faggot? She asked in a thoughtful way, but I brushed it aside and responded abruptly, no. She said I believe you, you are just a nice sweet guy.
But the reasons were very obvious why others think that; I’m in a dorm with 15 guys and all are going out almost every night to hook up with a girl and I am not. It got so bad at that institution, this guy started picking on me, and to make it worst, the instructor himself was homophobic and intimidated by me partly due to my knowledge. He teamed me up with that bully on a project and it got so bad I snapped in class one day. It was becoming psychologically bad. This is just the tip of the harassment I went through, I didn’t even get into stories when I interning. It was just horrible, I am so glad I don’t live in that crappy place anymore.
But to summarize my answer to this when the officer asked why I didn’t file on previous occasions, I explained, I reached a point in my life where I honestly just got tired. It just wasn’t gonna get any better. I think if I have been going through this same bull shit for decades now, it likely wasn’t gonna end in a good way if I stayed.
Best decision I ever made for my well-being. I wish I had done it sooner.
Thanks @ Enronn for sharing.
I have gone through very similar experience. Every LGBT is a tragedy in some sorts I feel…and all people are evil in the same way, regardless where they are on Earth…probably in some aspects manifested in different ways.
Do you mind me following up a bit.
So it sounds like u went through private harms ? What role does the government play in your situation ? Did they harm you or did they not protect you ?
Thanks 🙏
My government has a stance on homosexuality and its negative. It doesn’t represent the people of the country, its unhealthy behavior, and its used as a political football to win votes due to the conservative nature of the society. Going to the police and asking for help is asking for help to be ridiculed and berated. Simply, the government doesn’t care about LGBT people and probably never will because they are intimidated by the church and population. If you want to stand up for human rights, that’s the best way to be unpopular.
When you look at the progress of LGBT rights in places likes like North America and Europe and you see how much LGBT people are able to live their life and make society better. Yet, my COP and places that make same-sex acts illegal are always preaching destruction to America and Europe. But they are usually the ones suffering: poverty, corruption, natural disasters, fucked up economies.
Agreed – and maybe attacking sexual minorities serves as a distraction from all the failures of such governments. That is a pretty classic fascist move. Take care, Jason
This thread continues…
Now I continue to think @Enronn you deserve asylum and you suffered a lot based on what you wrote here.
But statutorily…it seems…most of your experience is…discrimination, harassment, invasion of privacy, a lot of people don’t think they are persecutions ? Do you think you happen to meet a nice asylum officer ?
In addition, I want to ask @Jason. When evaluating whether experience rises to the level of persecution, does the adjudicator look from the applicant’s perspective or … employ a kind of objective severity metric ? (beaten twice is more serious than beaten once, one finger cut is less severe than 2 fingers cut, detention for one year is more severe than one month)…What @Enronn describes here have very deep traumatic impact on an LGBT person, the isolation, teasing, bullying, invasion of privacy. But to a lot of adjudicators, since there doesn’t seem to be serious physical injury involved…they won’t be deemed to rise to the level of persecution… What’s your opinions about these kind of experience that harm profoundly yet unlikely to be deemed persecution ?
Persecution should be treated cumulatively, and so several harms added together can equal persecution under the law. But the term “persecution” is not well defined and different courts have different interpretations. I wrote about that issue (with a link to a very well researched article) on August 18, 2015. Take care, Jason
Remember though, I never came out, a lot of my experiences were just based on assumptions by people. What if I did officially come out? What if I met someone and was caught, remember, it’s all about the ‘fear’ of persecution. My fear of going back also and the fact I showed solid proof I’m gay, the dating app chats, my gay friends and acquaintances I had met during my time in the US. Also, my home country has a really solid reputation for its homophobia.
Also, the asylum standard is not only about your subjective fear, but also the objective fear, i.e., would a “reasonable “person” fear return to the country. You must satisfy both criteria for a grant. Take care, Jason
I want to ask a question.
I think that the asylum is not resolving the root cause. These people need protection, yes, but, instead of offering asylum, why not resolve the root cause…e.g. remove the persecutors ?
Please illuminate. Thanks, it just seems a little…small step to me, like one by one, inch by inch, for every one of asylum seeker granted asylum and saved, the persecutors could easily reproduce 10-100 more…why not a systematic, large-scale, once and for all solution ?
Particularly it seems this gradual patchwork has already created so many problems, I was told.
Eliminate evil from the world? It is a good idea. Getting it done is the difficult part. Take care, Jason
Thanks Jason for weighing in 🙂 .
Though…sadly 🙁
Hello Jason,
I have a pending Aslyum case but was also sent a letter for a court appearance for this year and my fiancé was granted Aslyum and now has a green card. We are planning on him filing a green card for me. My EAD is expiring in June so I sent a renewal application and I was just curious if I will be able to continue using my upcoming EAD card whilst the marriage green card application is in the process ?
For most people, if you are married to a person with a GC, you would need to leave the US to get your own GC. I wrote about this on August 28, 2018 and September 6, 2018. This can be difficult or impossible for many asylum seekers, especially if you have a court case. You should talk to a lawyer about the specifics to see whether you can do this and how it might work. In terms of the EAD, you can renew normally; the referral to court has no effect on that, though you will need to provide evidence about your court case (such as the order with the next court date) with your renewal application, along with any other required documents. Take care, Jason
Jason, thank you for publishing this.
Respectfully, I have to disagree with you about requiring Mr. Okporo’s position on asylum fraud. Asking Mr. Okporo to opine on the consequences of fraudulent asylum applications/claims, which we already know the consequences, is the same as asking immigrant advocates- as part of their advocacy or publication- to discuss the long-term ramifications of immigrants, in general, filing fraudulent cases for immigration benefits. Frivolous and fraudulent asylum applications, like any other category of application for immigration benefits, I am convinced, will never go away- nor do I support the idea that having zero fraudulent asylum claim will remove the animation surrounding the political and policy discussions related to asylum.
That is because, historically speaking, immigration to the US- regardless of the immigration category and whether or not the applicant’s application has a bona fide claim for asylum- usually evinces strong and visceral emotions from various segments of the population- and from both political parties. To put it differently, immigration, legal or illegal, has, and will always, been a wedge issue for the politically and socially “conservative”. Republicans will always find a way to frame the narrative about immigration such that it benefits them politically, or make it seem as if immigrants are bad people. They are able to do this successfully because majority of the people who vote for them harbor anti-immigrant and anti-asylum sentiments.
I also agree with Mr. Okporo’s position that there has been little meaningful, or fundamental, change to the asylum process. I wouldn’t necessarily describe the recent changes made to the asylum process as fundamental, substantial or meaningful. Yes, some of the recent changes are rather harmful to asylum applicants; however, the asylum process remains largely the same- inconsistent, chaotic, and mostly unfair. Further, I believe that Mr. Okporo, like many of us, is dreaming about a time when the asylum process is changed fundamentally, such that there can be fairness, efficiency, timeliness, modern features, and consistency in the asylum process. In my view, if there were to be a discussion about the “fundamental changes” to the asylum process, that discussion should largely hinge on how these changes are upending the lives of asylum applicants, how they are violating local and international asylum laws, and how they are causing severe mental harm to the asylum community.
Nicely said, @Jamie!!! 👏👏
To be honest, when you disagree with me, I usually figure I got something wrong! In this case, though, Mr. Okporo is opining about the asylum system and I just don’t think that is as credible without discussing the problems of the system, including the problem of fraud. I do agree that fraud cannot be completely eliminated and I really do not think it is such a major problem, but it is a problem and to write about the asylum system, I think it needs to be discussed (even if the discussion is to say that he does not care about fraud – a position that is supportable, but it is not my personal position). In terms of changes to the asylum system, our difference may be semantic. I think the procedural and administrative changes have been impactful and have generally made things worse, but in the sense you are describing, they are not fundamental changes to the system. I think those need to be done through legislation (a change in the law). Take care, Jason