Much has been written about the inconsistent and unpredictable decision-making at our nation’s Asylum Offices and Immigration Courts. And while it is true that the officer or judge who decides the case makes a difference, for most asylum applicants, the strength of the case is the determinant factor. Here, we’ll look at some common reasons why asylum cases get denied, and we’ll explore what can be done to improve your chances for a successful outcome.
One Year Bar: To be eligible for asylum, you must file your case within one year of arriving in the United States. There are exceptions to this rule, but data from the Asylum Offices show that people who file on time are nearly twice as likely to win their cases, as compared to people who file after one year in the country (the problem may not be as bad in Immigration Court, but certainly, timely filing improves the odds there as well). The easy answer here: File your I-589 form during your first year in the U.S.
If you are not able to file on time, don’t ignore this issue. You may be able to overcome the one-year bar by providing evidence that you meet an exception to the rule. Common exceptions include: You have been in lawful non-immigrant status since you arrived in the country; you were/are under 18 years old; you have a physical or mental disability that prevented you from filing on time; circumstances changed such that you now have a fear of returning to your country. I previously wrote in more detail about these exceptions, but the main point is this–if you have not filed within one year of your arrival in the U.S., make sure to explain (with evidence) why you qualify for an exception to the timely-filing rule, and even if you are already late, it is best to file as soon as possible.
Credibility: Another common reason that asylum cases are denied is credibility. Obviously, if the fact-finder believes you are lying, it will be more difficult to win your case. What causes a decision-maker to conclude that an applicant is not credible? One issue is consistency. If your affidavit states that you lived in a red house, but your witness letter states that you lived in a blue house, something is wrong. Such an inconsistency can cause the judge or Asylum Officer to conclude that you are lying. The solution here is to review all your documents and witness letters to be sure that dates and events are consistent. I like to have the applicant’s affidavit reflect all the major events in the story, and then I can compare each piece of evidence to the affidavit to help ensure that everything matches up.
Also, remember that the U.S. government may already have significant information about you–from your visa application and prior applications (including asylum applications) with the government, from any credible or reasonable fear interview at the border, from family members’ immigration applications or cases, from social media or other on-line sources, and from its own (and potentially other countries’) data bases. You should do your best to gather as much information as you can (for example, through a Freedom of Information Act request with USCIS and/or EOIR) so you can ensure that your current case is consistent with information the government already knows about you.
It is also important to review your case prior to any hearing. Your testimony should be consistent with your written statement and documents. The same goes for your witnesses. At the hearing, if you don’t understand a question, say that you do not understand. If you do not know the answer or do not remember, say that you don’t know or don’t remember–Don’t guess! if you or your witness guess wrong, the fact-finder might conclude that you are not credible.
Nexus: Just because you face harm in your home country does not mean that you will qualify for asylum. To win asylum, you must demonstrate that the persecutor will harm you on account of your race, religion, nationality, political opinion or particular social group (PSG). Meaning that when you present your asylum case, you need to explain (hopefully with evidence) why you face harm on account of a protected ground. If your fear of harm is based on PSG, you need to define exactly what that means. PSGs can include gender, sexual orientation, family or clan membership, occupation or a host of other characteristics. Whether a particular PSG is “cognizable” (i.e., acceptable as a basis for an asylum claim) can be a complicated analysis and different decision-makers frequently come to different conclusions about the same PSG. In any event, it is important to make clear the “nexus” or connection between the feared harm and the protected category (or categories). Failure to do so can lead to a denial, even where a person faces harm in the home country.
Persecution: Aside from showing that you will face harm on account of a protected ground, you also have to show that the harm you face rises to the level of “persecution.” In other words, the feared harm has to be pretty serious. Unfortunately (and as usual), what that actually means is not clear. Indeed, different decision-makers have reached very different conclusions about what level of harm constitutes “persecution.” For purposes of this discussion, though, you want to provide details and evidence about any threats or harm that you suffered or might suffer, and you want to show that the harm is severe, physically, mentally, and emotionally. Also, harm is viewed cumulatively, so that if you faced several smaller harms (threats, low level violence, short detentions), perhaps combined together they would qualify as persecution. If your family members were threatened or harmed, that is also relevant to the persecution analysis, and so you should provide evidence about any such incidents.
Other Reasons Why Asylum Is Denied: A few other common issues are worth mentioning. If you have been arrested or accused of a crime, that could be a bar to receiving asylum. If you assisted terrorists, even against your will or under duress, that could block you from asylum (this includes paying money at a checkpoint to terrorists or rebels). If you lived in a third country or had an offer from a third country to reside there permanently, that could constitute firm resettlement, which is another bar to asylum. If you think any of these bars may apply, you would be well-advised to talk to a lawyer.
There are many reasons why asylum applications are denied, and the ones listed above are only a few of the most common. Applicants (and their attorneys) who think about these issues in advance and prepare their cases accordingly are more likely to avoid the pitfalls and receive asylum.
Dear Jason,
I have come across your insightful responses and deeply appreciate your dedication to sharing knowledge and assisting those in need.
To provide a bit of background: My wife is Afghan, and her family was evacuated two years ago. We currently reside in Turkey. I’m originally from Syria but, due to retarded from the military, cannot return. I obtained Turkish citizenship two years ago, whereas my wife hasn’t. With the current political climate and opposition campaigns, I harbor concerns regarding the potential revocation of my Turkish citizenship.
Considering our circumstances, my wife is contemplating joining her family in the USA by crossing the border. In this scenario, she would be the primary applicant, and I would be her spouse. Given our situation, could you advise us on our chances of being accepted?
Thank you for your guidance.
In general, Afghans have a strong case for asylum in the US. For the most part, the only Afghans who lose their cases are those who have criminal issue or who have status in a third country (or those who do not file for asylum within one year of arriving in the US). If a person has lived in a third country, she needs to show that she does not have permanent status there and that she has not been offered a permanent status. If so, that would probably be a strong case, but of course, it depends on the facts of the case. Take care, Jason
Hello Jason , question please , i wrote on my declaration that I was detained by certain group & never mentioned that I was assaulted and detained for 2 hours .can I explain in details during the asylum interview that I was assaulted and detained or it will be considered inconsistent? as what I will say in the interview should match exactly what I wrote in the original declaration. Thank you .
It is hard to evaluate that without seeing the specific statement. But generally, if you add significant info or new events to the case at the interview, it could be perceived as inconsistent. Maybe you want to prepare a supplemental affidavit with more detail and explain why the details were left out of the first affidavit – my inclination is that this is the safer approach. It may not be needed depending on the case, but at the minimum, you should be prepared to explain why that info was not included in the original affidavit. Maybe you want to have a lawyer look at this to help you decide how best to proceed. Take care, Jason
Hi Jason
I -130 approved while me still waiting MCH before the IC. and as soon as we got the approval we wrote a letter to DHS attorney for consideration case dismissal and wait their reponce. and meantime NVC contacted us via email which seemingly perceived by us as if the beneficiary is out side of USA here is a glimpse of the email :
”
Dear XYZ
Thank you for your interest in immigrating to the United States of America. The Department of State’s National Visa Center (NVC) received your approved immigrant visa petition from U.S. Citizenship and Immigration Services (USCIS). NVC’s role is to ensure you are prepared for your immigrant visa interview at a U.S. Embassy/Consulate General, and to schedule your interview appointment.
NVC is responsible for collecting any applicable fees, the Immigrant Visa Application, supporting civil documents, police certificate(s), Affidavits of Support, and financial documents, if applicable, prior to your visa interview at a U.S. Embassy/Consulate General. Do not mail documents to NVC, even if you received instructions to mail documents to NVC in the past.
You will need to log on to the Department of State’s Consular Electronic Application Center (CEAC) at https://ceac.state.gov/IV to check your case status, pay any necessary fees, upload and submit documents, and read messages from NVC.
If you are logging into CEAC for the first time, please be aware that it can take up to xxxx days (yyy hours) from receipt of this notice for your account to be activated. Once activated, you can log into CEAC using the following unique NVC case number and Invoice Identification Number.”
NVC Case Number: zzz1111xxxxxyyyyxxx
Invoice ID Number: abcdefghyxyz
Please Note: You must bring the exact original of any scanned document you upload to CEAC that NVC accepts to your immigrant visa interview. Failure to bring the exact original you uploaded to CEAC may delay the processing of your case.
You must follow our 12 step instructions posted at https://nvc.state.gov for completing your case.
If you need to contact NVC, please follow the instructions at https://nvc.state.gov/inquiry. NVC may send questions, instructions, and status updates to your CEAC account. If we do this you will receive an email asking you to log into your CEAC account to review a message from NVC.
IMPORTANT: If you do not log into CEAC or communicate with NVC regarding this immigrant visa case for a period of one year, by law the Department of State must terminate your visa application.
FINANCIAL SPONSORSHIP RESPONSIBILITIES: Financial sponsors, joint sponsors, and applicants should be aware of the responsibilities arising from a sponsor signing an I-864 and the consequences of a sponsored immigrant’s acceptance of federal means-tested public benefits. For more information, visit https://nvc.state.gov/aos.
Please can you advise, this is something we don’t have fit in the equation and kinda anxious
I think you can ignore this – since you are inside the US, you would need to file an I-485 (assuming you are eligible) and the case will not be processed at an embassy. If DHS agrees to dismiss, you can (hopefully) dismiss the case and get your GC with USCIS. It may also be possible to process the case outside the US, but that can be very tricky given that you now have a court case – talk to a lawyer if that is an option. Take care, Jason
Hi Jason,
Thanks for your informative and helpful blog!
My asylum application was approved in August 2022, now I am planning to apply for GC. My wife and I had been living in Illinois for the past years, but due to my wife’s work we have to temporarily stay in Texas for about a year. We have a residential property in Illinois and we still consider it as our primary address. I want to file our I-485 with our Illinois address. For the medical exam, can we do it in Texas? If the medical exam’s state is not the same as the I-485 address, is it going to have a bad impact on my GC application?
Thank you!
I don’t think that is a problem. You should keep your driver’s license in IL and other documents as well, such as taxes, so that the case can be adjudicated there. Take care, Jason
hello Jason, I wanted to know if I can write myself a letter to the immigration judge asking for the cancellation of my asylum file before the court of jurisdiction because for 2 years I have not yet had a date for my master’s degree hearing. I have already submitted a marriage file with my American citizen husband of 3 years with the USCIS, and I am awaiting the response. I consulted lawyers for the letter and they charge me $2000, which I don’t have. So I wanted to know if I can do it myself. THANKS
You can try to do that yourself, but the better approach would be to contact DHS (the prosecutor) and ask them. They must agree to dismiss the case, and any lawyer would normally start the process by asking DHS. If they agree, they might be willing to prepare and file the necessary papers for you. You probably need to call them, but once you reach a person there (not always easy), they might have you send an email. You can find their phone number if you follow the link under Resources called DHS Office of the Chief Counsel. Take care, JAson
What if the DHS opposes ? Could the applicant still have their case dismissed ?
Probably not, but it depends on the judge, and would almost certainly require that you show up for an Individual Hearing. Take care, Jason
Hi Jason
I need you honest advice please.
Married a US citizen last year and filed for GC after a couple months. This year they requested evidence and medical form. Medical is done, photos sent, joint bank statements sent, utilities sent.
A. Do you think this is enough? My lease is still in my name and we overlooked it that I didn’t change when i signed a new one and asking my landlord he said we should wait for a new year.
B. I owed in 2020 taxes, a decision they sent me 2022 in April this is because the person who did my taxes didn’t know what he was doing. I made less than 35k and was a single mom then and hardly a situation like that should i have owed. Anyways, I agreed with my spouse that we file separately mainly because he felt it will not be fair on him. Now question is, if we do not submit joint returns is it going to weigh the process down? Incase it’s part of the additional documents they need. He has not filed i did mine as head of household.
C. I feel we do not have enough evidence but my spouse is reluctant to get things in order and keeps saying we are being too fast. He can be violent and emotionally abusive that sometimes i feel like abandoning the whole process. I am an affirmative asylee pending since 2016. Do you think it’s wise to just withdraw the GC application and save myself unnecessary stress because I strongly feel we do not have enough evidence since last year and working with someone who is not willing to fully cooperate?
D. Can i take a chance and just submit the list I mentioned on A? But when they request additional documents it means usually something is not right, right?
What would be your advice please. What should i do?
@GABA GABA !!
Jason would give you valuable advice !! Here is my share. You can’t have too much bundle of evidence because you
got married last year only.
1) Driving license with both of you with the same address could work for lease/ At least ask the landlord to write a letter you both live at the same address/ Provide rent receipts showing both spouses name.
2) Birth certificate of a child born/ Pregnancy test letter from medical facility stating the name of your husband as the father.
3) Latest Text messages/ Emails print out between you both.
4) Medical record from hospital/ PNP stating your spouse/you as an emergency contact person.
5) Employer HR record stating your spouse/ you as an emergency contact person.
6) Any travel ticket / booking showing the name of you both.
7) Any gift receipt stating name of you/ husband/ both.
8) Letters from friends/ family on behalf of you both. Must be Notarized.
9) Any Life insurance policy where one spouse made the other as beneficiary.
10) Car insurance, Health insurance, Renter insurance statements.
11) Any bank transfer or wire transfer or Checks from one spouse to another.
I hope you would be able to collect these evidence and sent them ,even if you got married last year.
I like this list better than my list. Only one point – we do not normally send notarized letters. Certainly, you can and this is best, but it is a pain to get things notarized, so if the letter-writer does not want to do that, we just have them include a photocopy of their ID (license, passport, GC, etc). Take care, Jason
A – There is no formula for this, and if you have little evidence, the interview may be more intense. What you list sounds pretty normal, but you can also get letters from friends attesting to the marriage, documents from work showing you are your spouse’s emergency contact, and any other documents listing both your names. B – At least you should filed “married filing separately”, but this is just one piece of evidence and it sounds like you can explain why it is not filed jointly. C – I think if you feel unsafe or unhappy, you should not pursue the GC this way, but you have to balance how the relationship is working (or not) and getting the GC. There are certainly options for women you are in abusive relationships, and you may be able to get a GC based on the Violence Against Women Act. One organization that may help with that is called Tahireh Justice Center (this should be free). They have several locations, but if they are not near you, maybe they can recommend an organization near you. It would be worth talking to them about your situation, as it is important to be safe, and there are other options besides staying in a dangerous marriage. D – This is up to you, but remember that you may need to remain in the relationship for several years to complete the process and get the permanent GC (as opposed to the 2-year conditional GC that most newly married people get). I do recommend you talk to Tahireh or some other lawyer to better know your options. Take care, Jason
HI JASON
my removed case is dismissed at immigration court since 15 jaunary 2023. how long does immigration court take to notify ucsis that my case is dismissed. because I wanted to send in April 2023 a new sponsor case (i-130. , i-485. , i-765 , I-131) to uscis.
thank you
It usually takes a few days for cases that are not online, and online cases usually take a few hours. You might call the court and ask about the order – you can find their number if you follow the link under Resources called Immigration Court. I do not think you necessarily need the court order to file a case with USCIS, but it probably is safer to have it. Take care, Jason
Hi Jason, Thanks for your help as always. I have had my asylum application returned rejected twice. Reason indicated is: “Only one family member may file as the principal applicant”. I believe my mistake was from organizing the documents. I will like to know…After my Original Package and a Copy of my Original package, Do I fill a I-589 form each for my spouse and daughter with there own details and include the supporting documents as the other 2 remaining packages or should i make extra copies of my I-589 form and just attach there passport photos on it? Please kindly respond. Thank you Sir.
The way I do it, I prepare a complete packet for the principal + one copy, and for each dependent, I send a copy of the principal’s I-589, a signed page 9 with the dependent’s info, signature, and photo, a copy of the dependent’s passport (bio and US visa pages, and I-94), and a copy of the relationship document (marriage certificate for spouse, birth certificates for children). The I-589 instructions provide more detail about this, but that is how I do it. Take care, Jason
Thank you so much for the response. I sincerely appreciate. One more thing please….Do I sign the new I-589 form using a current date or do I use the date on the application that was returned. Thanks and Godbless.
I do not think it matter. Once they receive it, they will date stamp it with the date that it was received. I guess I would probably put the current date, and if I put the original date, I would probably note that this was the original filing date. Take care, Jason
Hi Jason,
I have a question regarding application I-589, Part B, Question 3b., “Do you or your family members continue to participate in these organizations or groups?”
I am still following the religious beliefs I had in my country, but I am not part of the religious organizations I was part of there anymore. What should be the answer to that question? Yes or no?
I think you can probably answer however you think best, but either way, you should explain more specifically about this in the box on the form or in your affidavit (assuming this is relevant to your case). Take care, Jason
Hi Jason
My name is AG and a US citizen
The I-130 application that I did to my spouse last year just got approved this past week, kudos to us! the letter notice says – “The above petition has been approved. As the petitioner requests, we have sent the petition to the (NVC),The NVC processes all approved immigrant visa petitions that need consular action, including the collection of necessary forms and documents. ”
some question in light of this 1-130 approval and my spouse have been under an asylum process and supposedly waiting MCH at MD, IC later this year!
Q1 why USCIS sent petition to NVC knowing my spouse here in the USA and the petition says You should allow a minimum of 45 days for U.S. Department of State processing before contacting the NVC?
Q2 what we supposed to do with IC case for them to dismiss it ? I know I need to contact a lawyer at this point but I am just anxious thinking what be the next step I need to take action on , such I485 & handling IC for case termination
Q2 My spouse EAD gonna expired this Sep 2023 so despite the I-130 we still need to prep around May to renewal of EAD which thru that asylum ?
Utmost Regards
AG
1 – That may be standard, or maybe you checked a box on the I-130 that your spouse will process the case overseas. Depending on many factors, this may be required. 2 – It really varies by judge and DHS (prosecutor). If there is a MCH coming up, your spouse can attend, submit evidence of the approved I-130 and eligibility to adjust status (i.e., get the GC without leaving the US), and see what they say. Maybe they will agree to dismiss at that time. Sometimes, they want the spouse to have paid the fee for the I-485 and to show the receipt. This could result in having to pay the I-485 fee twice (once in court and once the case is dismissed). I do think it would help to have a lawyer move through this part of the process, as it is usually not as simple as it should be. 3 – If the court case is still active, your spouse can file to renew the EAD based on asylum, but if the case is dismissed before the EAD is issued, USCIS will likely deny the EAD (since asylum is no longer pending when the case ends). If your spouse files the I-485, the spouse can also get an EAD based on the pending GC application for no extra fee. I wrote more about getting married while in proceedings on August 6, 2018. Take care, Jason
Hi Jason
I got a letter from USCIS writing that they need evidence that i am still married to my husband. I have applied for GC through him. Also they said so that “we make a final decision “
1. What does it mean when they say final decision?
2. I have heard cases where there were no interviews for GC, is this still happening? You have any idea?
3. We don’t do too much pictures, the few we have we submitted but we have joint bank accounts, and utilities. Can this be enough?
Thank you
1 – They will give you a decision. Hopefully, an approval. 2 – It usually does not happen and most people get interviewed, but once in a while, it seems that people get the GC without an interview. 3 – Take more pictures whenever you go out or visit friends and family. Also, the joint bills and bank accounts are helpful, but make sure it is a bank account that you both use, so there is a record of deposits and withdrawals (and not just a stagnant account). You could also get some letters from people who know you attesting to your relationship. In addition, you can get joint insurance documents, taxes, name change, lease or mortgage, etc. The more, the better. Take care, Jason
Hi Jason,
As i told you before i had my individual hearing last Monday after three months postponed cause background checks was not ready again same thing happened and judge postponed for three more months my question is how long it can take for background checks to get clear?,and do you think judge is positive that he is postponing?, if he wanted to denial could not wait for background???, thank you so much.
Normally, background checks in court are pretty quick, and so these postponements are frustrating. This does happen sometimes, but I do not know how long this can go on. The fact that they rescheduled for 3 months makes me think that they expect to resolve the problem. I do not know if this is a positive sign for the decision, though I suppose a case could be denied even if background checks are not complete, so maybe that is a positive sign. Take care, Jason
if my join-sponsor is U.S. citizens and his wife is undocumented. but the 2 file the income tax together. He can co-sponsor me for the i-864. ?
The joint sponsor must be a citizen or lawful permanent resident to file an I-864. I do not see that the status of his wife would make any difference, unless she is contributing to his income for tax purposes. If so, you might have to ask a lawyer about that, as I do not know. Take care, Jason
Hi Jason,
I came to USA 7 years ago through border. My uncle gave my guarantee to US government to release me from camp. I don’t have good relation with his kids and they’re threatening me that they will deport and tell governments that they don’t guarantee anymore. What could happen in this case?
My case is with BIA Appeal. I got a PD and filled for appeal. My attorney said we filled brief but DHS never filled briefings.
I am not sure I understand the position of your case – if you got PD, normally that means that case is done. I do not see how your family members have any power to get you deported or do anything else in your case – that is between you and the government. Whether they can get the bond money back, I do not know. It depends on the status of the case now, and if the case is ended. Though even if the case is still going, you may be able to ask the Immigration Judge or BIA for a “bond re-determination” to get the bond reduced and get them at least a partial refund. Take care, Jason
HI JASON.
my 22-year-old USC daughter wants to sponsor me (i-130). I already have her birth certificate. what are other documents that I can add to the application to prove that we are very close and I have supported him since his birth until now. I can add the records of these schools, his hospital record, photo of my daughter and me since her childhood? what are the bona fide documents that I can add to the i-130 application to be sponsored by my daughter. THANK YOU
Typically, we only include the birth certificate. But there is no harm in including other documents, such as the ones you mention (as long as both your names are on the documents). You can also include some photos together of you and her at different ages. Take care, Jason
Dear Jason,
Hope you are well. You consulted me once via phone. It was extremely valuable. Thank you for that. I have a new development now. I have been an asylum seeker interview pending for 6 years now. A year ago I was married to the citizen and applied for GC through marriage. According the wait time in Charleston SC, I should expect our interview about Jul 2024 (freaking 24 month long wait). Yesterday my wife, who is my sponsor in the application, quit her job because of horrible pressure from the employer and is going to sue him. We never got any benefits but now she wants to apply for unemployment, food-stamps, and medicaid since I’m a full-time student too. What consequences may I face in the future interview because of that? And if any what would you recommend me to avoid them? Thank you, MA.
If she gets benefits, there is no effect, but if you get benefits, there may be. The “public charge” rule was implemented under the Trump Administration, then ended by Biden, but now it seems to be back – I believe based on a court order (there is so much litigation involving immigration that it is difficult to keep track). You can look at the GC form – form I-485 – to see the questions about public charge. I am not sure whether they apply to you if you filed already. You may want to talk to a lawyer to research that or look into it yourself. Also, I have not done a case lately where this was an issue, and so I am not sure what is needed to overcome the public charge issue. Spending money on a lawyer does not sound like an option at this point, but maybe you can find a non-profit to advice you (they also tend to know about the public charge rules). I did a post with links to non-profits on September 22, 2016 and maybe that would help. Take care, Jason
Thank you for the reply. No, I haven’t gotten any benefits and I hope won’t need to ever. Would you suggest what should I do to ensure that the benefits she applied for won’t have anything with me. I suppose I should not use Medicaid. That’s fine. But what about food stapms? Should I double check that she didn’t add me as a household member to the application or something like that so that I won’t be counted?
I don’t know enough about that to advise you. Maybe look at the current I-485 form to see what questions there are, and try to comply with those. Also, since the rules about the public charge requirements seem to be changing now and again, you should try to be careful. I do recommend you reach out to a non-profit to see if you can get some advice about this, as I have not looked into the law recently, and so I am not sure what problems you might face if you or a household member receives benefits. Take care, Jason
Got it. Thank you. My wife may got a job sooner than expected so she may not need to apply for the benefits. Otherwise I would rather ask you for another consultation. Is that the case you can help with btw? Also I’m wondering if I got my asylum interview sooner, would I have the interview with the marriage based case or they will refer me to the court in case I lose? Also can the negative outcome of the asylum interview affect the marriage based case? Honestly, I’m just considering to try to expedite the asylum case. Best, MA.
Unless the asylum case is found to be fake (which would have to be done by a judge), it should not affect the marriage case. However, the two cases should be consistent – otherwise, USCIS may think you are not telling the truth. It is difficult to expedite and asylum cases are often denied, and so in general, I think if you have another option (such as marriage), that is safer and faster, but that is up to you. I suppose I can give a consultation about this, but I am not sure on the timing as things in my office are busy at the moment. Take care, Jason
Got it. Thanks for the reply. I don’t worry about the consistency. It should be consistent since it’s true. Just would like to ask again about whether I get a chance on the marriage based interview or USCIS refers to the court if I fail the asylum interview. Thank you. Regards, MA.
Unless the GC is approved, if you lose at the asylum office, they would send you to court. You could then either dismiss the case and get the GC from USCIS (if the judge and DHS agree) or get your GC from the court. I wrote about this on August 6, 2018. Take care, Jason
Just posting an update – got my RTD expedite request approved yesterday (attempt #3). Wonder how long does it take to produce the document in reality from the moment of approval – does anyone know? It says up to 45 days?
Also, my native country passport allows me to travel visa free to most of the countries, and I am a derivative asylee – if I used my normal passport while traveling, is that bad? Will they question it upon the re-entry to the US?
Thank you as always!
I doubt using your passport will be an issue, especially for a derivative – I wrote about this question in a post on May 25, 2022 and maybe that would be helpful. Take care, Jason
@VV
From my experience,max 7-9 days maximum.
Thank you both! Will let everyone know. Good news are keeping head above the surface!
Hello Jason, It’s been a long time since I visited this blog and I’m happy to see it’s still live.
I have an Asylum pending since 2015 and in 2022 applied for TPS (Temporary Protected status) from Ukraine.
Given that it’s been exactly 8 years since my asylum is pending, I’ve talked to my employer about EB3 option and they agreed to help. It’s just way too hard to live in uncertainty.
From what I understand it seems like on average it takes around 2 years to resolve EB3.
What I don’t understand is, what would happen if I start this EB3 process and suddenly they decide to call me for Asylum Interview?
Do I just go to the interview or try to reschedule until EB3 resolved?
Given a LIFO system and current backlog, I doubt I’ll see my interview anytime soon, if at all, but still I think it’s wise to consider before starting EB3 process.
Minor correction to my story – 2022 applied and was approved for TPS.
This is another example of the poor job asylum offices are doing – if they call you for an interview, you will need to attend (you can delay it a bit), but for some reason, they will not put cases on hold where the person has another application pending (if they did, they could focus on other applicants). Of course, if you get the GC based on EB-3, you can withdraw the case. You may also be able to withdraw the case if you have TPS, but I am not sure about that – you could always email them to ask. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hey Jason,
I appreciate that you always answer my questions.
Another question related to the post: During my asylum interview, while answering the AO questions, she reached a point where she asked me if my wife (that is living back in my home country) is paying the electricity bill to the government that I’m seeking asylum from, and my answer was positive. Consequently, the AO asked, “do you send money to support your wife’s expenditures?” Of course, my answer was positive.
Another follow-up question arose, “Do you control your wife spending?”, again my answer was positive, which makes sense from a family perspective.
Now, I’m kinda worried after reading this post, but again thinking that she is a derivative, and shouldn’t be affecting me under normal situations.
I think what the AO was doing was looking to see if you gave money to a terrorist group. I could see why this might be an issue if your home area was controlled by a rebel group, but I do not see how it applies if your area is controlled by the government. So maybe she was just asking in pursuit of this line of thinking (or maybe something else), though I do not see how it applies if your wife was paying a bill to the government. Also, I have to say that I have seen such questions before (for Syrians, where the government believes that the person’s area was controlled by rebels) and I think such a line of questioning is disgraceful. The material support of terrorism bar is already overly broad, and they are trying to make it even broader. There is nothing in the law to support such nonsense, and it shows what a poor job some of these officers are doing. Hopefully, in the end, it won’t matter, since your wife was paying a utility bill to the government, not to Al Qaeda. Take care, Jason
Good to mention that I’m talking about the Taliban, and they are providing the electricity. I got stuck in the middle of so many questions that made me to panic during the interview. My logic says it is impossible to live without electricity in the 21st century, but I’m not sure if the AOs would have the same mindset.
In that case, I will revise my prior comment to say that this is about the most idiotic thing I ever heard from an AO. That person really should get some training and learn how to do her job. If your case is denied, I think you should talk to a journalist – that would be a terrific news story: Biden Administration denies asylum to Afghan family because the family had to pay for electricity after the US abandoned Afghanistan and the Taliban took over (ok, they need a more succinct headline, but you get the idea). Hopefully, it was just some BS questioning and the officer will approve the case. Do let us know what happens (also, decisions for Afghans often take many months, so it may be some times before you know). Take care, Jason
It’s already nine months since the date of filing, but I will keep the community posted about the progress.
Appreciated!
Hi All,
I usually share my opinions on asylum and immigration here fairly regularly. Today I am not sharing an opinion. I am sharing my timeline from asylum approval to citizenship:
>My affirmative asylum application was approved in 2017 (my asylum application was backlogged for almost 3 years, which means I would have filed the I-589 in 2014)
>My application for adjustment of status (LPR/I-485) was approved in less than 4 months (thankfully) in 2019. The “resident since” date on the GC was backdated to date in 2018.
> My citizenship application (N-400) was submitted in November 2022. My interview was done in February 2023, and the “recommended approval” notice was given to me on the same day. When I got home on the day the recommended approval notice/interview, I noticed the status of my N-400 case changed to something along the line: “Case was submitted for quality review based on approval recommendation.” Before the day ended, the status changed to “Oath ceremony will be scheduled.” The following day, the status changed to “We placed you in line for an oath ceremony”.
>I attended the naturalization oath ceremony last week and finally became a U.S. citizen. The entire N-400 process took a little bit less than 5 months (in New York City).
I just want to say thanks to everyone, including Jason, who helped me on this journey.
Please feel free to reach out to me if you have any questions about any of the applications- I-589, I-765, I-485 and N-400.
Congratulations! And thank you for sharing your good news. Also, thank you for all your valuable contributions here. I would not blame you if you never looked at any asylum-related info again, but hopefully, we will hear from you now and again. Take care, Jason
Thank you, Jason! 🙂
Congratulations, Jamie.
When I read your i485 timeline, I said to myself, how unfair, but I am sincerely happy for you. I hope you continue to show up here.
Congrats once again.
Thank you, Tina! I agree with you. There is also luck involved. For instance, I and someone in my household filed the I-485 the same time and my case got processed in a little under 4 months but my family member’s application- even though our applications were in the same envelope, got sent to the same processing center, and we live in the same apartment unit- got processed in roughly 27 months. I wish the process for all the immigration benefits was more consistent and fair. Take care.
🇺🇸
Thank you so much! 🙂
Congratulations Jamie, you really went through a lot to get to this day. I am very happy for you and it motivates me to look forward to my journey to citizenship, too. Starting late this year I am going to focus hard on studying for my citizenship test, really want to ace it. As I mentioned in a previous comment, naturalization is an actual psychological experience that you go through.
For many, it can be traumatic especially under the circumstances of asylum, not seeing family and loved ones for years, or never seeing someone ever again. I went through the sorrow of losing my mother and looking at your timeline, I began to think about what-if scenarios. Maybe if I had filed for asylum on the trip I took to the US in the spring of 2018, I probably would be taking my citizenship oath around the same time.
When I look back at how fast the application process for fingerprint, interview, and eventual approval came, it felt like in hindsight, I should have done this sooner. But a lot of this shoulda, woulda, coulda goes back to not having the chance to see my Mom before she passed. Maybe God and the universe planned this the way it turned out. I subconsciously sensed the day I embarked on this journey to leave my country, it probably would be the last time I see her.
Seeing all of you guys become permanent residents and citizens. I am happy for you but at the same time, I am so envious and feel sad about my own status…
I will likely be denied asylum and be put into removal proceedings…I wish god can have mercy…
Envy, I understand how you feel. You will be fine. Though it’s hard to do, you should continue to live your life as if you were granted asylum.
Thanks Jamie. I really appreciate that.
Preparing your case and gathering evidence is the best way to increase your chances for success. It seems to me that taking action also gives you something to do and gives a sense of (some) control. Maybe it is best to focus on what you can do to make the chances of success better. Take care, Jason
Hi Enronn, thank you for the kind words. Hope all is well.
I personally think that everything happens for a reason. I also believe that if something is not for you, it will never be for you.
My asylum lawyer waited until the week before my one-year deadline (USCIS received my application one day before the deadline) to file my asylum application with USCIS, and that caused my application to be thrown into the asylum backlog for three years. The application ended up in the backlog because of the thousands of minors that were coming across the US-Mexico border at the time. Affirmative asylum applications were basically put on pause as the officers were sent to the border to process these minors. What a brilliant idea! If I am not mistaken, I believe this caused the then administration to implement the (almost-reliable) asylum processing schedule (the predecessor of the Trump administration’s LIFO/FIFO processing). To say I was upset with my asylum lawyer would be an understatement! I was angry, and I became so depressed. I had to do therapy for about 2 years to recover somewhat. Still, I did not put my life on pause. I worked. I studied more. I traveled when I could. Some people have even bought their house. That I haven’t done.
Quite strangely, when I became an LPR, I began to accept that I was backlogged for a reason, and I began to stop questioning the backlog or ask what if… I understand the trauma and the mental and physical sufferings this process can have on asylum applicants. I do hope you are able to fully heal from the passing of your mom without getting to see her in person first.
I would note that there are still many people from 2015, 2016, and 2017 (not to mention 2018 to 2023) still waiting for an interview. The time line is so arbitrary that filing sooner may have meant a later decision – there is no way to know. I am not sure if that helps in any way, but I think second guessing the situation is really just speculation. If the system were working better, your case and all cases would have moved more quickly, and to me, the problem lies with the system, not with the people stuck in that system. Take care, Jason
Congratulations Jamie!
Did you wait the whole 5 years before filing for naturalization? How soon one can file for naturalization before the 5-year mark?
Hi David. Thank you 🙂
When an asylee’s application for adjustment of status is approved, their “resident since” date (the date they became an LPR) is supposed to be backdated one year. For example, if your GC was approved on January 15, 2022, the date you became a permanent resident should be January 15, 2021. Essentially, the government is crediting you the required amount of time (1 year) you are to live as an asylee in the U.S. before you eligible to apply for adjustment of status.
In addition, you may file the Form N-400, Application for Naturalization, 90 calendar days before you complete your continuous residence requirement. For the N-400 application, you start counting from the “resident since” date on your GC, and you are allowed to apply for naturalization- provided that you have lived in the state you are submitting the N-400 application for no less than 3 months- 90 calendar days before the full 5 years. This is exactly what I did.
Feel free to ask any more questions about the process.
I was going to respond also, but I agree with Jamie. Thank you, Jason
Congratulations Jamie and thanks for sharing your timeline. I got my green card on March 2021. So I have to wait 5 years to apply for citizenship or can I count from 2019 the day that my asylum got approved?
I appreciate!!
Congratulations Jamie and thanks for sharing your timeline. I got my green card on March 2021. So I have to wait 5 years to apply for citizenship or can I count from 2019 the day that my asylum got approved?
I appreciate!!
You have to look on the GC itself and wait 5 years from the date on that card. You can mail the N-400 up to 90 days before the 5 year anniversary. Of course, you also have to meet all other requirements to naturalize. I wrote more about this issue on December 2, 2020. Take care, Jason
Thank you, GC Holder! Best of luck
Dear Jason
Im from Afghanistan,
I entered as Parolee in September 2021 part of that evacuation.
I applied for asylum and had my interview last year no decision yet!
Im about to apply for work permit based on asylum! When we first came in here USCIS issued work permit for me and my wife and my two daughters age 7 and 10 separately and all of our work permit are going to expire in 6 months!
My question is i know my daughter is not at working age! Do i have to file a separate i-765 for each of us?
There are different ways for Afghan evacuees to get work permits, and so if this is your first work permit based on asylum pending, it is free and so you might want to get one for each family member. If this is a renewal, you have to pay or get a fee waiver (form I-912, available at http://www.uscis.gov). Normally, children do not need work permits, and so you can skip doing that if you want – you are not required to get her a work permit and she probably does not need it. In terms of the delay, while Afghan evacuees mostly got fast interviews, the decisions are moving very slowly, so that is normal (unfortunately). Hopefully, you will hear something soon. Take care, Jason
Which standard should we adhere to when it comes to human rights ?
I was just wondering if a person failed to secure asylum in the U.S., is there like a UN-sponsored refugee status that can protect the person.
But when I check the UN Human Rights Council members list…it really baffles me…
Like how could … countries like China, Russia (recently suspended)…who have abysmal human rights record serve as members of UN HRC…and there a slew of African countries where famine, violence, poverty is nationwide…
Makes me wonder against which rule should we compare to measure whether an asylum seeker’s experience constitutes a violation of human rights…is the only official documentation the country report from the state department ?
Also China has committed crimes against humanity through genocide of Uyghurs https://en.wikipedia.org/wiki/Uyghur_genocide
According to the VP, Russia has also committed crimes against humanity…
How could these two serve in the UN HRC, are we able to trust United Nations’ credibility now given this ?
The State Department report, other human rights reports, news article, expert witness letters – all of that can be evidence about human rights. Take care, Jason
Hello Jason, I am about to file GC application based on marriage to citizen. In 2019, I got a fare invasion ticket on metro train in Texas. I swiped my fare card on station but some reason it did not go through, I was stupid enough not to double check if it went through or not. And the fare inspector did not listen before issuing the citations, so I did not sign the citation, the fare cost for $0.60 and she gave me a $75 ticket. I did not fight it in court due to time constraints at that time and just paid $75 at city office.
Now I check and it says fare invasion is crime of moral turpitude in Texas. I am really scared that my form I485 might be rejected due to this offense. Please note I do not have any citations since last 8.5 years and my asylum is pending last 7.5 years and still waiting for asylum interview. And above offense was committed within 5 years of my arrival to US. What should I do, please guide?
I highly doubt your $75 ticket counts as a crime. I would get a record of it and see what it says. If you are really concerned, you could hire a lawyer to analyze whether this is considered a CIMT. Alternatively, you can just submit a copy of it with your I-485 and explain that you got the citation. If USCIS thinks it is a CIMT, they will send you a request for evidence and you could look for a lawyer at that time. I find it hard to believe that this is actually a CIMT, but I guess if you want to be careful, talk to a lawyer to see what they think. Take care, Jason
Thank you Jason, god bless
I also appreciate you deleting the hateful comment underneath my question. It’s sad to see how people can be this hateful without meeting/talking or understanding the situation completely. This blog is becoming more productive now and not a troll anymore so hopefully people can feel safe asking there questions.
I will continue to err on the side of keeping comments up, but where they are basically useless, I will continue to remove them. Take care, Jason
@ GHUGHO
Do not get upset, disheartend, and discouraged by the comments of this man” I want to say Something”.
we, different usere in here many times requested Mr.Jason to permanently ban this man’s IP from his Forum link, but seems to be he is not interested at all, though Jason deleted this man comments few times in the past.
Whether the fare envasion act was committed by purpose or not, but one shouldn’t pass such kind of comments about a person in here. Everyone comes here to get some help from each other.
@GHUGHO. Jason can give you best advice, But My point of view is, were you ever arrested, detained or presecuted for any crimes in US or anywhere in the world? If you answer to this Question is”NO”, go ahead and file your I-485 and do not care about anything. you clean then. If Its bothering you too much, Write an explanation note aside with I-485. USCIS is not a cruel agency at all, the bottom line is just DO NOT LIE and Hide anything On I-485 and you good to go.
Apart from my point of view, I do not see a single question ( Yes or No questions) on I-485 where USCIS ask about the issue you are concerned right now, Unless you had been arrested , summoned, charged and/ OR convicted for this crime or any other issue in your life. I may be wrong and Jason could give you best advice.
@Whatt thank you for the kind words. I have been reading this blog since 2015 tho I don’t comment often but only if I have questions. This mentioned person has been very offensive sometimes but I just ignore him/her and if he is reading this I just saw his last comment and ignored it and if he again comments he will be ignored, why would I waste my positive energy for a negative person.
I agree, I have never been arrested or convincted of any crimes except this citation of $75. I will just explain as you and Jason said and see how it goes. I am a extremely cautious person but that day I messed up and didn’t double check if card charged for 60 cents of fair or not but I don’t think it’s a big deal.
Do try to get all documents from the incident before you file, as that may shed light on the situation, and if it looks like a criminal conviction, you can talk to a lawyer. I suspect that it is just a citation (non-criminal fine), in which case, it should not be an issue, though you still should have the documents and submit them with your application to USCIS (if USCIS thinks you are trying to hide the issue, it will make matters worse, so even if you do not have the documents, make sure to mention the incident). Take care, Jason
Fare evasion is a class C misdemeanor in Texas. You definitely want to mention it on your application.
That said, I agree with Jason that it is probably not a CIMT but consult with an attorney if you want to be sure.
If the person has a criminal conviction, it is probably best to talk to a lawyer, as the law related to immigration and crime is not very logical – sometimes a small thing has big consequences. Take care, Jason
Just out of curiosity…as it goes against my belief…
Why do you go out of your way to defend/help obtain relief for an admitted criminal (by paying the fine without contest, in my opinion, s/he pleaded guilty.) ?
Shouldn’t the grant of legal assistance as well as the grant of immigration benefits take into account the ethics of a client ? And shouldn’t this person’s moral character be called into question ?
My reasoning is that: if I were an immigration judge, I would be bothered even more by his attempt to steer clear of his wrongdoing than the mere wrongdoing itself.
I would like to hear the reasoning behind this: Why defend/help a criminal ?
Thanks 🙂 !
It depends on the crime, but certainly, if I felt that a person committed a serious crime, I would not represent that person (depending on the specific situation, of course). Take care, Jason
Ghugho, No need to be worry it happened, before I submitted my asylum case I sold beer to Minor unintentionally I go through the court and pay the fine and mentioned in my i589 & then I485. Thanks God everything went well. You just have to informed them when your interview schedule. Keep record with you and explain them at the time of your interview. Thanks
Good advice, though do keep in mind that every ticket (or whatever it is) is different and just because something seems small (or big) does not necessarily mean that it is. So while I would not worry, I would err on the side of caution if you think you have a criminal arrest. Take care, Jason
“METRO requires customers to pay a valid fare to ride all METRO transit services. If you don’t pay your fare and/or aren’t able to show proof of payment, a Fare Inspector or METRO Police Officer could issue you a fare evasion citation for theft of services.
Violators who choose not to pay the $75 fee to METRO will have their citation submitted to the City of Houston Municipal Court after 30 days. If that happens, violators will be required to proceed through the judicial system by following the instructions on the citation.
To avoid appearing in the City of Houston Municipal Court, violators may pay the $75 administrative fee within 30 days of the date the ticket is issued. Once we receive and process your payment, the citation will be dismissed.
You may pay the $75 administrative fee to METRO by mail or in person to have your citation dismissed.”
Hello Mr Jason, this is the language which is used on Metro Website. I paid the ticket the very next day (also note it was issued by a fare inspector not a metro police officer) and I still have copy of ticket and receipt I paid the $75. It says the citation is dismissed, I searched local courts and there is nothing regarding this citation. My question does it seem a crime to you? If not is it worth mentioning in I 485? If I am required to mention by law do you think it will complicate matters? I am thinking to mention and then explain in a letter and also print the above statement and attach it with documents. TIA
It sounds like if you pay the fine, it is not a criminal issue. If you agree, you can check “no” to the criminal questions, but I would certainly circle the question, write “see cover letter,” and explain about this in the cover letter. Plus I would include a copy of the relevant documents and maybe the website where you got the text above. I think you will be fine, but if USCIS thinks you are trying to hide this, that could cause problems. Take care, Jason
Hi Jason,
Do you assist people with credible fear interviews ?
I have a friend who is in Mexico right now and wants legal assistance.
Thanks
PS: How is the border situation right now ?
I am in DC, so very far from the border and I would probably not be the best person to assist. As far as I know, the border is a huge mess, but again, I am not there and not in a position to know anything more than I see in the news. Take care, Jason
My asylum case was filed with my ex husband now we are separated what should I do ??? Continue with that case or file my own case separately because he was principal applicant …. If I file my own case what would be the procedure please guide me
You need to file your own case as soon as possible. If you are legally divorced, you are no longer a dependent and could lose your ability to obtain asylum due to the one year bar (if you are still legally married or were only recently divorced, you can file now and probably be ok, but the sooner you file, the better – I wrote about this issue in more detail on January 26, 2022, near the bottom of that post). I think you should talk to a lawyer and try to get your own I-589 filed as soon as possible. Note that if your case was at the asylum office, you probably have to file at the Asylum Vetting Center in Atlanta, GA – check the Special Instruction for form I-589 on the USCIS webpage, at http://www.uscis.gov. Take care, Jason
Hi Jason,
Thanks for sharing the information. I have my individual hearing scheduled next month. My case at AO has some inconsistencies and it was referred to court. One of them was in my declaration i said 2 officers took me to the cell and while explaining i got confused and said 1 officer locked me into the cell. When AO officer asked me about this I explained him that the other police was was also present there and one officer locked me up. I could see 2 police officers.
Do you think this could create big issue during my court hearing?
When we have inconsistencies like this, we try to explain it ahead of time. If we are re-writing the affidavit, we maybe include the explanation in a footnote, but if we are not re-writing it, we either create a supplemental affidavit or prepare the person to testify about the inconsistency and explain what happened in court. This does not sound like a major inconsistency, but AOs seem trained to pick up on minor inconsistencies and use them as a basis to deny. This is less common in court, and so I think you can probably overcome the problem, but you should take action to do that and not ignore the issue. Take care, Jason