I recently saw a shocking statistic: 76% of cases denied by the Asylum Office and referred to Immigration Court were granted by Immigration Judges. If this number is accurate (and the source–TRAC Immigration–has always been very reliable), it means that IJs essentially overrule Asylum Officer denials in 3 out of 4 cases. Put another way, Immigration Judges are finding that Asylum Officers make the wrong decision in most of their cases. Can this really be true? What’s going on here?
First of all, while the 76% figure is from Fiscal Year 2022, the problem of Immigration Judges “reversing” Asylum Officer decisions is not new. Indeed, I wrote about the same issue way back in 2011. At the time, for the period from FY 2006 through FY 2010, IJs “reversed” Asylum Officer decisions between 51% and 61% of the time. This means that the disparity between the Immigration Courts and the Asylum Offices is worse today than it was prior to 2011, though the largest disparities seem to have been occurring in about 2016, when IJs were “reversing” AO decisions more than 80% of the time (and by the way, I am putting “reversing” in quotes because the IJ’s are not really reversing the Asylum Officers; they are making a new and different decision, but the effect is basically to reverse the AO’s decision).
Let’s look at some possible explanations for what is happening with these numbers.
Perhaps we can find one clue in the most recent TRAC data. In FY 2021, the “reversal rate” was 66% and it increased to 76% in FY 2022. That is a big jump in only one year. Maybe the increase can be explained by changes in the law between the Trump and Biden Administrations. During the Trump Administration–which, as you may recall, was hostile to asylum seekers–a series of regulatory changes and precedential administrative decisions made it more difficult to win asylum. Many of these changes were reversed by the Biden Administration (which is awful to asylum seekers in other ways). So perhaps the changes in the law account for the higher level of “reversals” in FY 2022. Put another way, Asylum Officers denied cases when the law was tougher, but by the time those cases reached the Immigration Court, the legal environment was less harsh and the IJs were more likely to grant the cases. If this explanation is correct, we can expect the “reversal rates” to decline as new Asylum Office cases are decided under the more favorable law. This explanation may also make AOs feel better, since their decisions are not being overturned due to mistakes, but rather due to changes in the law.
Another possible explanation may be that certain Asylum Offices are accounting for a large number of “reversals.” For example, the New York Asylum Office has the highest denial rate in the nation–according to the most recent data (from FY 2021), the New York office approves only 7.4% of cases. The New York Immigration Court, which hears cases referred from the New York Asylum Office, has an overall grant rate that is much higher than average. The NY court approves 66% of cases, compared to the national approval rate in Immigration Court, which is only about 36.2%. Maybe one reason that the court approves so many cases is that its local Asylum Office frequently “gets it wrong.”
A third explanation for the disparities may be that affirmative asylum seekers who get referred to Immigration Court are more likely to have lawyers. This is the explanation favored by TRAC, and it may simply be that affirmative asylum seekers have been in the U.S. longer and are more able to afford lawyers, and this improves their outcomes.
I guess a final possible explanation is that Asylum Officers stink at their job. A recent law review article details problems with the Asylum Offices (with a focus on the Boston office), but I am not fully convinced by its conclusions. I suppose if the Asylum Officers are doing a poor job, it is possible that Immigration Judges are correcting their errors. Frankly, though, this seems far fetched, given the inconsistent decision-making in our nation’s Immigration Courts (one could also argue that the Asylum Officers are getting it right and the IJs are wrong, but since the judges have the final say, this argument does not get you very far).
Overall, I have low confidence in each of these explanations, and I have not seen any convincing argument that explains the disparate grant rates between the Asylum Offices and the courts. In practical terms, however, the reason for the high “reversal rate” may be irrelevant. The real question is, What does all this mean for asylum seekers?
The most important implication of the 76% “reversal rate” is that asylum seekers who receive a denial from the Asylum Office (which they politely call a “referral”) should not lose hope. There is a good chance that you will receive a better decision in Immigration Court.
Another take-away is that Asylum Office cases are winnable, and maybe affirmative asylum seekers should be trying harder to win in the first instance, before they are sent to court. What does this mean? We do not have data on attorney representation rates at the Asylum Offices, but in Immigration Court, attorneys statistically increase the likelihood of a case being approved (though as I have written, there are some caveats to this data). So maybe if asylum seekers more frequently used lawyers to prepare their cases at the Asylum Office, the approval rates would go up.
In the end, I am left with more questions than answers. I have a nagging feeling that something is wrong with the data, since it is difficult for me to believe that IJs “reverse” so many Asylum Office referrals. I do think this disparity is worth exploring. Diagnosing and addressing the problem could result in more efficient and fair adjudication of cases, which would improve “the system” and bring some relief to asylum seekers in that system.
Hi Jason,
I am outside the US and i am a refugee. Our cases is under UNHCR Priority One(P-1). We are families and our cases was linked together by USCIS refugee officer during our our interview and we will travel together. We are approved by USCIS, Then later on denied for Security Related Reasons by DHS.
Unfortunately, our USRAP previous case was denied and closed due to security related reasons. Our cases was denied due to false accusation submitted to U.S. Embassy by an enemy and that enemy spoilt our refugee cases.
My biological U.S. Citizenship son petitioned for me for IR-5 visa. I am wondering if the US Consulate will help me with my case after i mention the error made by USCIS refugee offer during my US Consulate interview. Does the US Consulate have authority to conduct a follow up about our previous USRAP cases denial that caused false accusation.
Does US Consulate have authority to reopen our USRAP cases after finding out the error made by the USCIS refugee officer. I am willing during my consulate interview i will travel with my whole family when they are not filed for visa.
Thank you for your time and help.
I hope a feedback
Thanks.
I do not do such cases and so I am not sure. I think you should talk to a lawyer who does consular cases. I imagine it may be possible to overcome whatever the issue is, and certainly discussing the specifics with a lawyer is the first step. Take care, Jason
Hello Family and Jason, got a text and went to check the status:
Decision Was Mailed
“”We reached a decision on your application. You should expect to receive the decision shortly. You must follow the instructions in your decision letter as to what to do next.””
Anyone got it? any prediction if it can be grant or denial? I interviewed in May last year, decision March 2023
You will have to wait for the letter. Good luck, Jason
Hi Jason,
I used ri live in Wisconsin and had my ICE hearings there. I filled for affirmative asylum because i was nit in court system. Now I moved in CA and filled fir asylum there. I have upcoming ICE hearing in April at Wisconsin. Can I change my future ICE hearing to CA or I still have to go there? Can I call ICE and let them know that I have filed for asylum and transfer my records here? Please ket me know. My attorney is not sure about this.
If you can contact ICE, you can let them know you moved. You can try to find a number or email for them, or send a letter to the Wisconsin address if you have it. You should also make sure to file a change of address form (EOIR-33 if you are in court or AR-11 if you are with USCIS). If you cannot get confirmation from them, you may need to appear in person at their office when the time comes; otherwise, they may seek to detain you, so I would try to resolve that and not let it become a problem. Maybe your lawyer can reach out to the ICE/DHS attorneys to see if they can help – you can find contact info for them if you follow the link under Resources called DHS Office of the Chief Counsel. Take care, Jason
Hi everyone,
Has anyone applied for green card based on asylum close to one year and still have not heard anything?
Also, if only one has had an interview for the green card as an asylee, can you please share what was asked?
Thank you!
We just filed our first case for someone who waited less than a year. It should work, but we shall see. Take care, Jason
Hi,I remember to have read sometime ago on this blog the sample of letter you use to sent to expedite your clients case such asylum,GC,RTD,EAD etc.I remember sample included thing such medical issue of family members etc could you guide on that article,
I did a sample email to try to expedite an affirmative asylum case – that was on March 23, 2022. You can also buy my book, which has examples of things like that! Take care, Jason
Hi Jason,
I was deported from US from
Louisiana camp and entered through border. I didn’t show my passport when I entered. Can I apply for US tourist visa? Do you think they would find out that I was deported? Even I didn’t show my passport when I entered US?
Thanks
fingerprint ?
Hi Jason,
I was deported from US from Louisiana camp last year. I didn’t show my passport upon entering through border. Do you think I can apply for tourist visa to US with my passport? Would they found out that I was deported? I didn’t show my passport when I entered through border.
I think they will know because they probably have your biometrics (fingerprints and photo). Also, if you lie and they catch you, they will probably never issue you a visa again. There is a waiver available for a non-immigrant visa under a section of the law called INA 212(d)(3). This basically allows the US government to forgive you for an immigration “sin” and issue a non-immigrant visa. Maybe talk to a lawyer about that option. Take care, Jason
Hi Jason and Everyone,
Please guide me. I have pending affirmative asylum case in Houston asylum office. My work place called me for an annual meeting in Boston, MA. Can I fly from Houston to Boston via connecting flight in florida, Miami in spirit airlines? Please guide and share your experience. And also what documents should I carry?
Thank you
Hello, my name is Florencia and I am having a problem with my work permit. My permit expired on November 2, I sent the entire case to renew it but there was a problem and they returned the case to me. I forwarded it and they sent me a letter stating that my case was received on November 14 (that is, my work permit has already expired). My problem currently is that they do not take that receipt as valid because it was received after the expiration date of my permit…. at the time of renewing my driver’s license and now at my job. What can I do to be able to present at work proof that my permit is being processed or some way to demonstrate that I am still authorized to work? Is there any solution while I wait for my renewed permit? I need help with this please
Hello, my name is Florencia and I am having a problem with my work permit. My permit expired on November 2, I sent the entire case to renew it but there was a problem and they returned the case to me. I forwarded it and they sent me a letter stating that my case was received on November 14 (that is, my work permit has already expired). My problem currently is that they do not take that receipt as valid because it was received after the expiration date of my permit…. at the time of renewing my driver’s license and now at my job. What can I do to be able to present at work proof that my permit is being processed or some way to demonstrate that I am still authorized to work? I’m from Florida, Miami, I don’t know how this case applies in my city… Is there any solution while I wait for my renewed permit? I need help with this please
Unfortunately, I am not sure what can be done here. Maybe you can call USCIS and tell them that the case was improperly rejected (assuming the rejection was improper) and that you need a receipt dated prior to the old EADs expiration date. The number is 800-375-5283. I think this will be very difficult, but you can try. Alternatively, you can try to expedite the current EAD application. I wrote about that (in general) on January 29, 2020. Maybe you can also argue to the employer and the DMV that the old (rejected) document constitutes an ontime filing and they should credit the automatic 540-day extension. I do not know the law on this or whether it might work, but maybe you can try that argument. Take care, Jason
Hi Ricky,
I am not Jason but I am answering your question from my personal experience. I had travelled a lot around this county with a pending asylum and I never faced any issued. I believe that as long as you have a valid ID, you should most definitely be fine
As long as you have valid documents (passport, driver’s license, EAD, asylum receipts), there should be no problem to travel domestically. If you do not have the proper documents, check with the airline to see what you need to travel. Take care, Jason
USCIS tweeted today early morning;
We’re looking for recent graduates to #JoinUSCIS as asylum officers. This is your opportunity to make an impact in the lives of so many asylum-seekers! Learn more and apply by 3/17: usajobs.gov/job/711978600!!!
#No Experience Required 🤨
Experience? Feh. That is over-rated. Take care, Jason
Hey Ricky👋🏽
This is not Jason; I am waiting for my interview since 2015 and I have traveled to many States with my Driver license! So no worries at all! But never leave the US soil (you can visit Hawaii too but make sure the plane won’t land any place which is not US state. Not sure about PortoRicobor US virgin islands though
Puerto Rico is usually ok, though I recently did a consult where the person got stopped while returning from there and placed into removal proceedings in Immigration Court. The Virgin Islands are not ok – you need a passport to return from there. Take care, Jason
Hello Jason and All,
As a long-time reader since 2014, I am sharing my timeline to throw some hope your way.
I experienced a tremendously hard immigration journey in the US. Though, hard days make us stronger.
The journey is not the same for all. There are the “lucky ones” that get their papers in a year and there are people like me and you waiting for nearly a decade.
Details:
– Nationality: Afghanistan
Timeline:
– Entered the US as a student in 2014 for my BS
– Applied for asylum in 2014 based on working with the US government in Afg
– No interview until May 2017 (Sent many letters for an expedited interview but they did not help. A few friends came to the US in 2015 and got their asylum and GC by 2017; they mocked me and my major and pushed me all the way to depression)
– Decision did not come for 4 years.
– I tried congressman and expedition and many letters –> nothing helped.
– In the meantime waiting for my decision, I finished my Ph.D. I received approval for national interest waiver EB2 but could not adjust my status as my only status in the country was the ‘asylum pending’.
– Through FOIA in early 2020, I requested my asylum file to see what records are in my file that are stopping the decision
– The FOIA record showed my asylum was approved ONE WEEK after the asylum interview, however, the decision was never released
– Contacted the asylum office about this situation, and I was told my case is still under review
– After my NIW EB2 approval in late 2020, I filed a complaint against the asylum office with the Ombudsmen office informing them that my case is being discriminated against and sharing the proof that why I am beneficial to the US based on my expertise
– In June 2021, my asylum approval decision came 3-4 weeks after the complaint, and the complaint was never addressed
– Applied for asylum-based GC in July 2022
– GC was approved as of last week, March 2023
I did achieve a lot in the US professionally. Leading a research team in a top-tier company and some entrepreneurship.
But it all came at a huge price. Not seeing any family members for 10 years. Depression. Anxiety. I felt at times the most hopeless guy. I lost a girl I loved through this process.
I was a kid and became an adult in the US.
Everything happens for a reason.
I cannot believe I am finally sharing such a comment with you all.
Would I go through this process again? Probably Yes.
Stay strong my friend. The light at the end of the tunnel is shining.
Cheers,
The Passenger
Dear AM,
Thank you for sharing the good news after going through many years of difficulties. As I was reading your story, I felt like reading my own. I filed my asylum in 2015 and waiting until now for decision. Most of my friends applied for asylum after me, they got their green cards but I am still living in uncertainty. I appreciate your time for sharing positive energy and motivation with us that are desperately waiting for light at the end of tunnel. I also recently requested the Ombudsmen office to inquire about my case with the USCIS. Initially, they refused to inquire, but after providing them evidence of continuous follow up through different channels, they accepted to inquire. Could you share which asylum office your case was stuck at?
Good luck with your case. SF initially and then Chicago
Dear AM
IM FROMT afghanistan too, I totally feel, im glad you got ur GC im still waiting for my GC applied 18 months a go,
I came to US 2015 almost same timeline.
I lost a girl a i loved she waited for 7 years but couldn’t wait when collapsed happened, i sent many letters but no success, USCIS is a mess, only machine run USCIS, i wished i never came here i wished Afghanistan was never invaded so that we couldn’t pay for it, despite US know what’s going on in Afghanistan still tortured me. Fuck them
Thank you for sharing and Congratulations on finally getting the GC! I have written a lot about delay and how terrible the system is, and I won’t repeat that here, but I would point out that the decision was probably delayed due to security background checks, which are worse for people (especially men) from Muslim countries, and so while a yes/no decision was made a week after the interview, the actual decision was not final until the background check was complete. This may not have been the asylum office’s fault, however, we almost never see such delays in Immigration Court, and so it is unclear what the actual problem is. It is also unfortunate that the Ombudsman did not address this issue for you, and for everyone else stuck waiting for a decision. Anyway, at least it is done and you accomplished a lot (at great cost) during the long wait. Take care, Jason
Congratulations dear for accomplishment and status in USA. Would you mind to tell did you consult attorney after NIW approval for adjustment. I have seen few people successfully were able to adjust their status. I am applying for NIW and my case is in court for many years. I will appreciate you response.
Thanks
Hello Jason,
My husband is going to apply for asylum-based advance parole to visit his ailing father in a third country. I am the main applicant and he is my dependent. He will attach a letter from a doctor to form I-131 explaining his father’s medical condition. We still are worried that USCIS won`t approve his application. Do you think that would be sufficient for USCIS? Usually for what reason USCIS rejects advance parole applications?
They will probably approve it, but the letter should be as strong and as urgent as possible. If USCIS thinks the father’s condition is not serious or is stable, they might deny. So if the letter indicates the father is very ill and in grave danger, USCIS is more likely to approve (and maybe more likely to expedite). Good luck, Jason
Hello Jason!
I have 2 questions as I understand you are working with the Virginia Asylum Office (Arlington). My case is also being handled by this same office in Arlington.
1) I applied in January 2017 and had an interview in August 2022. I am still waiting for a decision.
I understand that you can wait for a decision from 2 weeks to 1-2 years.
But I would like to know how long on average you expect a decision from the moment of the interview? (for example, for the last 5-10 cases)
2) After the interview, I got a wife (she also applied for asylum and is waiting for an interview). What is the way to add her to my asylum case? I tried contacting the offices but never got a response…
Thanks and have a nice day.
P.S. I have been your reader since 2017 😀
1 – There is no average that I can tell, and cases can take longer than 2 years for a decision, though I think that most cases that we see are resolved 1 or 2 years after the interview. I did a post about some actions you can take to try to get a decision – on June 2, 2021, but the Arlington office has become very slow about issuing decisions and I am not sure these inquiries do any good (though they don’t do any harm either). 2 – If you add her at this stage, it might cause additional delay (since they will probably need to interview her), but if you can add her, and you are granted, she will be granted at the same time. The procedure is annoying and I cannot explain it here – you should be able to contact the asylum office and they should tell you what to do – you can find their email if you follow the link under Resources called Asylum Office Locator. If they do not respond, you can go there any Thursday morning to ask in person. Maybe I will try to do a blog post about adding a relative, as it is a lot to explain. Take care, Jason
Thanks for you responses.
Is there any dependence on the waiting time? for example, if the wait is longer, is it more likely to go to court or a grant?
I have never noticed much correlation between wait time and results, and I have never seen any data on that – though I would like to, as it is a good question. But I don’t know. Take care, Jason
Does applying cancelation of removal requires that one whose case is in court has been in the US for 10 years or more.
Or it is required not only to have been in US 10 years but to have been in court removal proceeding for 10 years
To apply for Cancellation of Removal you need 10 years in the US before the Notice to Appear is issued (this is the document that starts the court case). Once the NTA is issued, the “clock” stops for purposes of Cancellation and so even if you reach 10 years after that time, it does not help. You also need a US-citizen or green card parent, child or spouse who will suffer severe hardship if you are deported, and you also need to show that you are a person of good moral character with no serious criminal issues. Take care, Jason
Hi Jason,
I am the one who lost at circuit court of appeals. You mentioned that I can apply for a stay of removal.
In the form I246
It says Submit this application in person…
Would it be wise for me to go to the local ERO office…It seems very risky…
or should I wait until apprehended ?
I believe that is the form. I have never done that for a client, and so certainly, I recommend you talk to a lawyer about that to decide how best to proceed. Take care, Jason
Hi
I apply for RTD befor 5 months.
I apply to expedite RTD,and approved.
My question:
After expedite approval, how long can I have RTD?
Non-expedited RTDs are taking more than a year. Expedited cases are not predictable. Sometimes, they are very fast (as in, a few days), and other times, they take months (or even the same amount of time as a case that was not expedited). I would follow up with USCIS in the near future by calling them to see what is the status. Take care, Jason
Not everybody who is statutorily qualified for asylum will be granted asylum…it’s a discretionary benefit…
The American immigration system is becoming a mess, including the visa processing. It gives individuals the right to use their common sense and not follow certain procedures. Regardless of the strength of an applicant’s case, if the officer in charge is having a bad day (for example, with their spouse), they may deny the case. I am planning to write an article, or perhaps a research paper, about this issue if I can gather enough information about the officers involved.
It is an interesting topic and I hope you will share the article if you write it. There was a famous study that showed that criminal judges were more lenient after they had a meal – I wrote about this on April 22, 2011. It is far more arbitrary than it should be. Take care, Jason
This is the reason i believe I’m stuck in court today. I had three different interviews with different AOS within five years . The last AO never asked questions on new evidence provided . All i remember is watching someone going through bunch of papers on table for approximately forty minutes with just few questions. After the last interview, i waited another whole year no reaction and i ended up doing an expedite request . Once received and same month , my case was referred to the IJ. Torture × torture and sometimes i feel like losing my inner peace 😌
It is very difficult to remain calm through this process, especially when you feel that you did not get a fair hearing the first time. The one positive thing about court is that you usually at least have a date on the calendar and so you are not waiting in eternal limbo like at the asylum office. Also, in general, it is probably easier to win a case in court than at the asylum office (especially if the data in the above article is correct). Take care, Jason
Wait, may I follow up in this a bit…
Why it could be easier to win in the court ??? It’s an adversary setting…And you will be cross examined by DHS and IJ…
It’s always better to win in the asylum office…right ?
If you have a strong case with evidence,the government attorney might chose not to pursue the case and defer it to court,which reduces some burden on you
If your case is referred to immigration court,
I won’t think the case is…that…strong…
A strong case, in my opinion, would compel any rational tier of factfinder to grant the asylum…
From my perspective as a lawyer, we have more control over the case, and so it seems easier to win in court. It depends on the case and the judge, but just in general I feel this way. Take care, Jason
I had my hearing at AO and it was referred to court. I had all the well arranged evidences, dr reports, political party affiliation, witness letter and other supporting evidences like country conditions etc. What i have experienced is AO is there to interrogate you and he didn’t even look at my evidences. He found 2-3 minor discrepancies and referred my case to court. My attorney was with me during the interview and he believed the my case was strong and those were minor discrepancies. Now I have final hearing next month and my attorney( different one) also believes that I have a strong case and hopefully should get approved at court. So I think AO’s are always eager to deny the cases and they don’t want to take any liability to approve the cases. When i went to pick my decision, i saw only one case was approved out of 10. It was at sfo office.
Just wanted to share my experience.
I think this is a large part of the problem – the AOs have marching orders to look for reasons to deny and are somehow incentivized to deny cases (for example, maybe it is easier to justify a denial than a grant, and this provides an incentive to deny more cases). I am a little surprised to hear about this at the San Francisco office, which has traditionally had the highest approval rate in the US (though our data is a few years old). Anyway, the above article shows that people denied at the asylum office can still win in court, so hopefully, you will have a better result there. Good luck, Jason
Hi Armagedon,
My email is pathilanin@gmail.com so could you please pass over the information of that Laywer in Georgia to me as well, please email it to me and it is highly appreciated
Thanks,
Pat
Hi Armagedon,
My email is pathilanin at gmail so could you please pass over the information of that Laywer in Georgia to me as well, please email it to me and it is highly appreciated
Thanks,
Pat
What about people who are denied asylum by an asylum officer, realize they don’t have a good case, so they just leave the country or don’t bother going to their master calendar hearing? The judge in these cases would not have an opportunity to issue a ruling agreeing with the asylum officer, but if they did it would reduce the disparity. By how much I’m not sure because I don’t know the raw numbers.
Just another theory…
In that case, the judge would deny them all relief and order them deported unless they informed the court that they had left the country. It is possible that people leave after losing at the asylum office, inform the court, and the case is dismissed. If that happens (and I suspect it is not common), it might affect these numbers also. Take care, Jason
Dear Jason,
My Asylum case is pending a decision for 4 years after the interview. I recently applied to I-140 and I-485 through my employer and both got approved and I received my green card. I want to travel abroad (not to my COP definitely). Should I withdraw my Asylum case before leaving? If so, can I use my passport from COP to travel to another country? I don’t have any travel documents as I am not an Asylee. Are there any risks with using my Passport either at the time of return to the US or during the naturalization application?
@ARMAGEDON, Congrats on your approval. Quick question, did you maintain your status after applying for Asylum? I am in the same predicament. I submitted my 140 and 485 in July and I am still waiting.
@SHOCEKR Thank you. Yes I maintained my status. I was on OPT when my green card was approved. I hope yours gets approved too. I have heard even if you are not in status you might be able to show that you qualify to adjust your status. I know a lawyer in Georgia which has done it for many people. So if you have not maintained your status and you get an RFE you can contact that lawyer to help you.
@ARMAGEDON, I know Jason does not approve naming other attorneys here but are you able to share just the attorney’s number? Thanks
I have to take those down, mostly because I don’t have their permission to post the name and I don’t know anything about them, but I am not too fast about it, so maybe you can get it before I remove it…
@ARMAGEDON: Would you please share the lawyer info or numbers or any hints ?
@SHOCKER and @NIL, maybe you can leave an email address so that I can share the attorney name with you.
It probably makes sense to withdraw the asylum at this point (unless you need the Refugee Travel Document) – I wrote about withdrawing on December 7, 2022. In terms of travel, you will have to use your passport and GC, and so you should be prepared to explain why you used a passport from a country that you previously claimed was going to persecute you. Of course, if you fear non-state actors, this is easy to explain, but if you fear your government, it may be more difficult to explain. In any event, many people do this and I have not heard about anyone having a problem, but if you are prepared to explain, you will be ready, just in case anyone asks you. Take care, Jason
Thank you Jason for your reply. I have a follow-up question, please. I fear the government at COP because of religious conversion in the US to a new religion. Unless I return to COP, I feel no threat from COP. So if someone asks me why I have used a passport from the COP to travel, can’t I say that there is no harm or threat in doing so? Because I am not sure how using a COP-issued passport on the soil of another country develops a threat for me and questions the validity of my fear of them. Unless I enter that country and they find out about me they can’t persecute me. Is this a valid explanation in your mind or I should try to come up with other reasonings? Also, is this explanation valid when I want to renew my COP-issued passport by contacting the COP interest section in the US? There is no threat to me when I request to renew my passport. Even if COP already knows about me (which I doubt) they will still renew my passport with the hope that I return to COP so that they can arrest me, so why they should turn the alarm on for me by refusing to renew? What do you think about these explanations?
I think these explanations are fine. Part of the problem is that I am very cautious about these things, but I do think it is best to think through how you will respond if asked. That said, I have had many of my clients travel with the COP passport and so far, no one has had any issues. Take care, Jason
Ugh my asylum case was denied in New York asylum office in 2018 and referred to court after 5 long years of waiting/rescheduling and 2 immigration judge changes my case was approved and I was granted a relief.
Asylum seekers who have a pending cases don’t lose hope!
It is a real shame that it took so long, but given the NY asylum office’s approval rate, I guess it is not a big surprise. Anyway, congratulations! Take care, Jason
Good morning Jason
My case was assigned to judge Crosland and my attorney filed a motion. How long does it take to respond to my motion?
Thanks
Judge Crosland passed away, and so a different judge will get the case. Maybe the lawyer can call the court to see whether they are planning to assign a new judge. Otherwise, some judge should review the motion, but it may take longer than normal, since they have to transfer the case. Usually, they rule on motions in a month or two, but it varies by judge and type of motion. Take care, Jason
Hello Jason,
Hope you doing well, I have a question I applied for I-730 for my family and today I checked my status change to We have send your case to department of state for the visa process, how long will I wait to receive the welcome letter from the NVC? and how long will take to finalize the process?
Thank you very much
It seems to vary, but hopefully you will get contacted by them in a few months. They should tell you what documents are needed for the consular case, and then you and your family should be contacted for the consular interview. The wait time is very variable, depending on the case and the particular consulate, but typically it is 6 to 12 months for most people, though we have seen cases take months longer than that. Take care, Jason
Hi Jason. How important it is to include doctors notes and note from a therapist in an asylum claim? My therapist has diagnosed me with PTSD due to trauma related to my country and past treatment I received , do you think this will impact my asylum case? Thanks.
I think it can be helpful. My feeling is that evidence from a treating doctor is much more useful than evidence from a doctor who sees you for an hour and then diagnoses you with PTSD, but all such evidence is beneficial and if you have it, you might as well include it. Take care, Jason
I practice asylum law, and I have another theory, though it does not apply to all of the reversals. The only asylum cases I’ve had referred have been on issues related to bars, such as the one-year bar. The asylum office tends to be strict on these bars and has certain guidelines, such as, more than 6 months after falling out of status is not “reasonable” for applying for asylum. A Judge, by contrast, is able to hear the evidence and provide a decision based on the facts and not a particular guideline. Again, this is only my impression based on my own anecdotal experience. I think the true answer is that it is a combination of all of the above.
I think that is part of the explanation. I did an article on April 3, 2019 where we factored out the one-year bar. As I remember, some offices were very strict about filing within one year and others were more lax. I do think the judges are often better about that. They also tend to be less nit picky and less inclined to deny for petty reasons (though of course there are many exceptions). Take care, Jason
Jamie,
What are the asylum offices with the highest approval rate?
I did an article with that info on July 13, 2022 – there is also a hyperlink to that article in the above article. Take care, Jason
Jason, the two asylum offices with the lowest approval rates are in the “liberal” states of New York and Massachusetts. The courts in these two states have, on average, higher approval rates in the entire country. And you are not convinced that the there is something amiss- or, more precisely, the adjudicators at these asylum offices are terrible at their jobs- at the asylum offices in Boston and NYC?
Your briefly touched on the review article which sought to explain the disparities between the asylum offices’ and the courts’ decisions. I wish you had delved more deeply into recent findings (unassailable findings, I must add) that detail how country of origin and racial biases, employee burnout, AO supervisors micromanaging their AOs and reversing their decisions, negative decisions made before the asylum applicant even does the interview, etc. have been plaguing the asylum offices. The low approval numbers at the offices is not because AOs don’t know the asylum laws or are not familiar with asylum applicants’ country conditions. It’s also not because they are incompetent or are not given the resources and training. These officers are not innocent- they know exactly what they are doing. I am not convinced otherwise. What else could explain, with the all the training that AOs get, a 7% approval rate and a near-70% reversal of your decisions? It’s time we stop pretending that these government bureaucrats are not human and that they don’t have personal biases.
I am not convinced – the San Francisco asylum office has the highest approval rate, though the SF court (which presumably only gets referrals from the SF asylum office) has an approval rate that it is only a bit lower than the court in NYC. Also, there is nothing generally in any data that would point to an obvious reason for the discrepancy. Even representation rates are not clearly a cause, given that in some years, the approval rates for represented and unrepresented people are not that different. In terms of the law review article, it is based on a study from last year, and I noted my objections to that in a prior post (there is a hyperlink above). That is not to say that the AOs are not at fault for the variable and unpredictable (and often ridiculous decisions) – they clearly are, since they are making those decisions. I am just not convinced exactly why things are going so wrong, though I suppose everything mentioned in the article is part of the explanation. One other explanation is that the IJs take these cases more seriously. If an AO denies, the case is referred to court, but if an IJ denies, the person is deported, so it is a more serious situation. All that said, I suspect there are systematic problems that the asylum offices are failing to address (for example, how they look at material support issues or nexus) and this is a big part of the problem as well. Take care, Jason