If you follow tech news, you probably know about Chat-GPT, an artificial intelligence (AI) program that has been writing college essays, designing buildings, and even crafting condolence emails after mass shootings. Just last week, we learned that this program “can now outperform most law school graduates on the bar exam, the grueling two-day test aspiring attorneys must pass to practice law in the United States.” The test consists of multiple choice and essay questions, and Chat-GPT’s score placed it “in the 90th percentile of actual test takers,” which “is enough to be admitted to practice law in most states.”
Perhaps in an effort to make lawyers feel better, the “National Conference of Bar Examiners, which designs the multiple choice section, said… that attorneys have unique skills gained through education and experience that AI cannot currently match.” “Currently” being the operative word.
While I do not expect to lose my job in the immediate future, I can see areas of immigration law where AI would be able to assist attorneys and increase efficiency. And I can also imagine a future where AI takes over many, if not all, tasks performed by attorneys, Asylum Officers, and Immigration Judges.
In my particular specialty–asylum law–one obvious area where AI could assist involves defining the applicant’s “particular social group” or PSG. In order to qualify for asylum, a person must demonstrate that they face persecution on account of race, religion, nationality, political opinion or PSG. The first four protected categories are relatively self-explanatory. However, there is much debate about many PSGs, and the law has changed (repeatedly) over time. In short, defining PSG in a case can be difficult. It is also important: If the decision-maker does not accept your proposed particular social group, you will not be granted asylum.
The problem is that different courts have reached different conclusions about the same proposed PSG (see, for example, the controversy surrounding the PSG “married women in Guatemala who cannot leave their relationship”). As a result, there are all sorts of published and unpublished cases opining about PSGs. These include cases from Immigration Judges, the Board of Immigration Appeals, the federal circuit courts, and the U.S. Supreme Court. There are also various regulations, memos, and other documents from the government. In short, there is a lot of information out there, and it is not always easy to locate. This seems like a perfect job for AI–to gather and sift through tons of information and then use that to create a legal argument supporting the viability of a particular PSG.
Another area where AI could come in handy is defining “persecution.” In order to win asylum, you need to show that the harm you face is severe enough to meet the definition of “persecution” under the law. Also, where a person suffered past harm in the home country and can demonstrate that that harm rises to the level of persecution, they can receive asylum in the U.S. (unless country conditions have improved). As with PSG, the problem here is that there are wildly inconsistent interpretations of what types of harm constitute persecution. And so this seems like another area where AI could synthesize the various decisions and reach a conclusion about whether the past harm or feared future harm equates to persecution.
AI could also help ensure that all affidavits and documents are consistent. It could compare each document to every other document, and make certain that all dates and events match up. Where there are inconsistencies, the decision-maker might think that the applicant is lying, and so checking for consistency (which is susceptible to human error) is important. AI could also check that the evidence and affidavits are consistent with country conditions, and find news articles or human rights reports that support the applicant’s claim.
I could also see AI coming in handy for analyzing the effect of criminal conduct on an immigration case. This is a complicated area of law (dubbed “crimmigration”), which involves determining how state, federal or even foreign criminal law interacts with U.S. immigration law. I imagine AI would be able to gather and analyze this data to determine how a particular crime affects an immigrant’s status in the U.S.
These are just a few examples of how AI could be applied to immigration law, and could help attorneys make more powerful arguments for our clients.
AI would also be helpful to Asylum Officers and Immigration Judges, as it will allow them to reach decisions that are more well-reasoned, more consistent, and more objective. AI could also be used to scan large numbers of cases to determine which cases might be adjudicated quickly–such a feature could allow the government to better prioritize cases and help reduce the backlog.
While AI could likely assist or take-over certain lawyerly and judicial tasks, other aspects of legal practice seem less amenable to machine assistance. For example, some areas where human power might still be superior include talking empathetically to clients in order to help them tell their stories, providing reassurance to people in a difficult situation, preparing witnesses to testify, and working with applicants who may be unable or unwilling to prepare a case on a computer.
Whether AI will ultimately play a supporting or a leading role in the practice of immigration law, I do not know. But given the rapid advances we have witnessed in recent months, I expect that AI will become more important and more common in our field. Hopefully, this will lead to better representation for applicants and better decisions from adjudicators.
immigration law can be complex and overwhelming, but having a knowledgeable lawyer by your side makes all the difference. They help navigate the legal system and ensure your rights are protected.
This seems like it was written by an AI….
Hi Jason,
Hope all is well.
Appreciate for your answers we ask you.
You have answered of my questions before too,thank you again for that.
Now I have one more question.
I had asylum interview in last Dec at NY asylum office than didn’t grant asylum and sent the decision to IC after that I never called for master hearing up today. I talked to my lawyer if I can request for motion but he said I can’t do that because we haven’t call for master hearing.
So is there anyway I can move my file otherwise I don’t know how long again I have to wait in court too.
I look forward your response.
Thanks.
Jhampa
.
If the case is docketed with the court (meaning, the court has the case and you can find it when you check the Alien number at 800-898-7180), you can file a motion to advance – I wrote about that on April 20, 2017. However, if the case is not with the court yet, there is not much you can do. You can try contacting DHS and asking them to send the case to the court (this is how a case commences in court), but I doubt that will have any effect. You can find DHS’s contact info if you follow the link under Resources called DHS Office of the Chief Counsel. You might also try emailing the Asylum Office to ask about this. You can find their email if you follow the link called Asylum Office Locator. I have a feeling, you will just need to wait, but I suppose you can try these options to see what happens. Take care, Jason
Thanks Jason for your response .
Yes my case was docketed on May 2022.
Mean time is there any effects for master or final hearing for those who has TPS status too.I have renewed my TPS just recently.
Look for your response.
Thanks again.
Jhampa.
The courts are sending notices to try to put cases where TPS on hold, presumably until TPS ends. It does not matter whether or not you have TPS, but if you are from a country that is eligible for TPS, they might put your case on hold. They do give you an opportunity to ask that the case not be put on hold, and so hopefully, if you want to go forward with the case, that is still an option (this policy of putting cases on hold in this manner is very new, so it is not clear how things will work – as usual). Take care, Jason
and another question, Jason…
Some immigrants say that the new law has been adopted recently and an application can apply for work authorization straight away without waiting for passage of 150 days. Is it true? I checked USCIS website and a 150 day period is still there. Similarly, people say that it is possible to apply for a green card after the grant of asylum without waiting for 1 year (Afghan asylum seeker on this page also asked about it). Thank you Jason and have a wonderful week.
Jason,
I wanted to thank you for writing this piece as I am considering law school.
I was granted asylum in 2016 and have applied for citizenship last year.
Dumb question, if you have any recommendation for anyone who is aspiring to attend law school considering how the AI is taking over everything? or if there is any particular area of practice you think would be worth it?
Though it has been a while since I was granted asylum, your blog has been extremely helpful. Thank you for all you do.
My guess is that it will be a while before lawyers are replaced by AI, but maybe it will be sooner than I expect. I do think AI will change the practice of law, and basically force lawyers to do more and more cases, which may reduce costs for applicants, but it may also increase stress for lawyers. I still think law school is a good choice, but how the practice of law will look in the future, I have no idea. At least for me, I can say that it was a good career, though if AI forces me to retire soon, that is ok – there is a beach somewhere with my name on it. Take care, Jason
I know of no such law. Some people have TPS or certain types of parole (when they enter the US) that allow them to apply for a work permit, but for asylum, you have to wait 150 days after you file the form and then you can apply for the work permit. In terms of the GC if you win asylum, the rule on that has changed – I wrote about it on February 8, 2023. Take care, Jason
Dear Jason, hello, how are you?
Me and my girlfriend crossed the US/Mexico border at the same time six months ago. We fled persecution in Russia. The documents given at the border state that my girlfriend must appear at the court in April, while my papers say that I must appear in August. We plan to get married and she will join my asylum case. Is it possible if I mention her as a wife on my asylum application? Will she be required to nevertheless appear at her master hearing in April? Can she say that she joined my case? We live in California and attorneys are overwhelmed with work and reluctantly take new cases. Legal fees have increased and we do not know what to do. We are also not able to pay legal fees due to low season and lack of work in LA. We might follow instructions at the ASAP website. They explain how to file asylum application at the court. Let’s see.
Please help us, and thank you for your answer.
You should file the asylum forms as soon as possible (original to the court, copy to DHS (the prosecutor), and you send a copy to USCIS – Google “pre-order instructions in immigration court” for what to do). However, unless you are legally married, you can not list her as your wife. If you are not yet married, she could still go with you to court and you could inform the judge that you plan to marry, and maybe the judge would join the cases. I do think if you are sure you will marry, it is better to do that before you file and before court, so you can join everything together when you go to court. Take care, Jason
Hi Jason. Thank you for all your help for asylum seekers. On February 2022 you wrote that if asylum is denied and the principal has no other lawful status in the U.S., the case will be referred to Immigration Court. What will happen to a dependent who has TPS? Will it still be an option for the dependent to keep and renew the asylum-based EAD?
I do not know that there is a definite policy about this, but I would not be surprised if a dependent with TPS is referred to court (although I would not be surprised if the dependent were not referred to court either). Even if you are referred to court, you cannot be deported if you have TPS, and also, many courts are dismissing or administratively closing cases where the person has TPS. Take care, Jason
Dear jason
Im a parolee from Afghanistan, today happily received my granted asylum!
I have two questions
Based on new rule can i apply right away for green card without waiting for a year?
My second question is that i heard the parolee can still petition for their parent once their asylum are granted Is that true im 27 years old!! Every says there is exceptions for parolee asylee,
Envy…
Congratulations on asylum! I am recommending that my clients wait 6 months, but how long you wait is up to you – I wrote more about that on February 8, 2023. Only a US citizen can file an I-130 petition for their parents to get a GC, but as a parolee, I think you can sponsor them for humanitarian parole. As I understand, this program is not really working, but you can learn more about it here: https://www.uscis.gov/humanitarian/humanitarian-parole/information-for-afghan-nationals-on-requests-to-uscis-for-parole. Take care, Jason
Hi Jason,
I hope all is well. I am going to apply for the greencard. There is a question in i485 form at Page 4, Part 2, Information About Your Immigrant Category, question 3, Receipt number of Underlying Petition (if any). Which receipt number do I need to type for this question? I was referred to immigration court by Houston Asylum Office and was granted asylum at Dallas Immigration Court. I received the Judge’s order about his grant but no receipt number is on it.
Thank you!
We leave that question blank for asylee adjustment cases, as there is no petition. Take care, Jason
@asylumseeker91
My case also referred to Dallas court for individual hearing. If you don’t mind may I ask name of judge who grant you asylum? Thanks
Hello Jason
I am one of your page followers. I appreciate the work and information you have provided to asylum seekers. I came on tourist visa and changed my status to student. When I applied for change of status, I submitted a letter from a company which i worked with in my home country with other financial supporting documents along with application of change of status to uscis. In that letter, the company states that i am their employee which was true at the time because i did not quit my job. Long story short, after several months the company fired me since I was here in the US more that the time they expected.so, the company called me and i was told the termination date was the date i was there. Something came up in my personal life and I applied for asylum after 11 months. in the asylum application there is a question which asked to fill employment start and end date. I wrote end date the last day that i was in my home country. My concern is that they might think i lied in my application.do you think it will cause problem in my immigration process or this explanation will be enough for them?
Thank you
I think the explanation will be enough, but I would include that explanation in writing before you go to the interview and also submit evidence about it (such as email and letters from the company). I think if you do that, you will be fine, as this seems like a normal explanation. Take care, Jason
Hi Jason,
Thanks a lot for helping the asylum community.
I have this question, if a dependent answers” yes” to the asylum bar question, “Have you left the country (US) once you applied for your asylum?” during asylum interview, does this mean the case will go to court?
Thanks
Leaving the country or even returning to the home country is not a “bar” question. Whether answering “yes” would have any affect on the case depends on the case – if the principal claims that the dependent will be harmed in the home country, but then the dependent returns to the home country, that would need to be explained. But in general, a dependent’s travel would not affect the principal’s asylum case. Take care, Jason
Thank you very much, Jason.
Hi Jason,
How many copies of i-485 and supporting documents should i send to uscis to apply for green card as an asylee?
Thanks
One. If there is more than one family member, you need to send one complete application and evidence for each person. Take care, Jason
150 days have passed since my wife and I applied for i589 and I want to apply for a work permit. Considering that my wife is in the i589 file, how can I apply for a work permit for my wife?
If she is a dependent on the case and received her fingerprint appointment, she is eligible to apply. Use form I-765, available at http://www.uscis.gov, and follow the instructions there. Your category is c-8 (asylum pending). Both your applications will be the same, but she should also include proof of your marriage, as she is the dependent. Take care, Jason
Thank you Jason but I had a relocation to new apartment so I lost both my copy of court order showing that my case is pending and copy of the Notice to Appear, so how I can get a copy of those when I have no lawyer yet and I pursued all by myself, Also please advise if I can go to SF court office in person and get a copy from them?
Thank you,
Pat
You can follow the link under Resources called EOIR Case Status and get proof about your pending case there. You may need proof from the court as well, and it may be worth getting. You can contact the court if you follow the link under Resources called Immigration Court – if you call, maybe they can help, or maybe you would need to go there to get a copy of the most recent order. It would also be good for you to get a copy of the Notice to Appear, which they should have as well. Take care, Jason
Hi Jason,
Me and my family did interview at the asylum office. However, my daughter couldn’t do her biometrics, because of some issues of not our fault. She did the interview though. I was told that they will send us another notice for my daughter’s biometric. I was just worried. Is this thing common?
Thanks
Hi,
Jason will reply you but it also happens to my daughter and son and they sent notice for their fingerprints after interview.
Thank you.
Thanks Jimmy. How soon did they send the notice to you?
Be blessed.
I think within two weeks.
Thanks a lot, Jimmy
It does happen. We see this where the child is close to 14 years old (the age after which, they should be fingerprinted), and for some reason, there is confusion around that from the asylum office. I do not think it is anything to worry about and hopefully, she will get the notice soon. Take care, Jason
Thanks Jason, Be blessed!!
Hello Jason!
I have citizenship interview in few weeks and had transfer of employment one month ago. HR replied that transfer was between entities (child/sister company and parent company) and I will get two different W2 at the end of the year. There are no changes in job position, duties, salary, location, team and etc, there were minor changes in benefits. Other than that parent company has same address and phone number as a child.
I’m confused if I should report it as new employment at my naturalization interview or I can just don’t say anything, since it is still same workplace. I asked chatGPT, but still confused, what should I do. Could you please clear my confusion?
Thank you in advance!
I think it will not make much difference, but there is no harm in telling them about the new position and if you do not tell them, and they somehow know, they may view this as an inconsistency. If you tell them and if they want, they can make note of it, but this would have no effect on your case. In short, I see a small risk in not telling them and no risk if you tell them, so I would probably tell them (Take that, ChatGPT!). Take care, Jason
Hi Jason, Thank you so much for all you done and keep doing for Asylum community. I am right now scheduled for Court individual hearing in San Francisco CA court at Feb 2026 and I need to renew all of my family EAD cards so could you please advise what documents I need to submit and where should mail the documents or there is a option to do all online including the fee, also please let me know if the fee is still $410?
Thank you again,
Rexi
Hi Jason, Thank you so much for all you done and keep doing for Asylum community. I am right now scheduled for Court individual hearing in San Francisco CA court at Feb 2026 and I need to renew all of my family EAD cards so could you please advise what documents I need to submit and where should mail the documents or there is a option to do all online including the fee, also please let me know if the fee is still $410?
Thank you again,
Pat
Use form I-765, available at http://www.uscis.gov. The instructions indicate which documents are needed, but at a minimum, you need the form, 2 passport photos, copy of passport, copy of current EAD, copy of court order showing that your case is pending, copy of the Notice to Appear, and the fee, which is currently $410. Other evidence may be needed as well, depending on the case, so check the instructions. Take care, Jason
Hi Jason
I request to expedite my interview Last week I haven’t receive any information do yo know how long it takes
To get receipts from uscis?
I am not sure what you mean – but if you filed for asylum and are waiting for your interview, and you requested that they expedite, they usually respond within a few weeks. If not, you can follow up. I wrote about expediting on March 23, 2022. In terms of receipts, paper receipts when you file for asylum take anywhere from a few weeks to 6+ months. Take care, Jason
Hello Jason
I have pending asylum case with asylum office still no interview. I got married with us citizen and applied for green card. I have mentioned arrest in my asylum application for political and religious opinion when i was in my country, but the arrest was not lawfully and there is not any criminal arrest in my background. In I485 there is a questions about criminal arrest. The lawyer who filed the 485 for me marked NO in all questions regarding the arrest. I worry the officer who adjudicates the 485 think it is contradiction between the 485 forms and asylum application.do you think it will cause issue in the process?
Thank you
I would also write “no” for those based on what you told me. However, I would circle the question, write “see cover letter,” and in the cover letter explain about the political arrests. The concern is that USCIS will notice an inconsistency, which I think you can explain if asked. In my opinion, it is better to tell them first, rather than wait for them to ask, so maybe if there is a request for evidence or an interview, you can write the explanation and send it with the request for evidence or give it to the officer at the start of the interview. If you have filed online, you can upload that at any time, or if you did not file online, you can mail it to them (though this is much less certain to get matched to your case – but you can try). I think you will be fine, but I do think it may make life easier to tell them before they ask you about it. Take care, Jason
Hi Jason,
Thank you for your response. I do not know how deep CHATGPT’s algorithm can search. It looks like the system can generate responses based on publicly available sources on the internet, such as news articles, books, and websites. I am pretty sure that more advanced versions or offline version we can see in the future where we can customize responses based on inputs provided to specific scenarios (for example for medical purposes, for law purposes, for business purposes and etc.). Overall, it is great assistance which could save time.
Thanks,
I could easily imagine an AI program that has access to the relevant material and is able to make more complicated findings. While there is a lot of material for a human, the amount is really pretty finite for a computer, and so I do expect we will see much more involvement from AI in this area of the law, and hopefully it will make my job easier (or force me to retire!). Take care, Jason
I am today presented with an interesting argument:
Will you consider an asylum seeker evil/have a sick mind …if s/he secretly wishes that their country of origin start to execute everybody in their PSG…in order to bolster his/her own asylum application…
I want to clarify that the idea doesn’t originate from me. Just a disclaimer
Whenever there is bad news in the home country, it is “good” for the asylum case. That is the perverse incentive of asylum law. Take care, Jason
I agree.
This comes up is in light of a modest drop in the most recent country report.
Seems most countries are moving downward anyway…
I am less enamored by the development of tech…It seems it’s used more in the bad ways than good ways.
Yes – see, e.g., The Terminator. Take care, Jason
Thank you for sharing this article, Jason! Would be any negative affect on my I-485 application through Asylum If I have been applying for expedite request too many times?
I don’t think so, but I also don’t think it helps to repeatedly make that at request. It is better to submit a well-reasoned and supported request to expedite than to repeatedly make the same request over and over. I did a post about expediting with USCIS on January 29, 2020. Maybe that would be of interest. Take care, Jason
Hi Jason,
Thank you for sharing this article and all your contributions to the asylum community. Today I asked some questions from Chat GPT about asylum law, well-founded fear, and even about you and your services. Below is the extract of the conversation:
Questions – I have a question about asylum law in the United States
Chat GPT:
Sure, I’d be happy to try and help you with your question about asylum law in the United States. What would you like to know?
Question – Can you tell me, what is well founded fear with proper extracts from BIA decisions.
Chat GPT:
Certainly. In order to be granted asylum in the United States, an individual must demonstrate that they have a “well-founded fear of persecution” on account of their race, religion, nationality, membership in a particular social group, or political opinion.
The term “well-founded fear” is not defined in the Immigration and Nationality Act (INA), but has been interpreted and clarified by various Board of Immigration Appeals (BIA) decisions over the years.
Here are some relevant extracts from BIA decisions that help explain the meaning of “well-founded fear”:
1. “A well-founded fear of persecution is one which is based on facts that would lead a reasonable person to fear persecution if returned to his or her native country.” (Matter of Acosta, 19 I&N Dec. 211, 222 (BIA 1985))
2. “A subjective fear of persecution, no matter how genuine, cannot be the basis for a well-founded fear of persecution. Rather, an applicant must establish the reasonableness of his or her fear based on objective evidence.” (Matter of S-A-K- & H-A-H-, 24 I&N Dec. 464, 471 (BIA 2008))
3. “A well-founded fear of persecution must be more than a mere possibility; it must be a reasonable possibility.” (Matter of Mogharrabi, 19 I&N Dec. 439, 444 (BIA 1987))
4. “The inquiry is whether the fear is objectively reasonable, meaning whether a reasonable person in the applicant’s position, considering all the evidence, would fear persecution if returned to the country of origin.” (Matter of L-M-M-, 25 I&N Dec. 387, 391 (BIA 2010))
In summary, a well-founded fear of persecution is one that is based on objective evidence and would lead a reasonable person to fear persecution if returned to their native country. The fear must be more than a mere possibility and must be a reasonable possibility. It is important to note that each asylum case is unique and the specific facts of an individual’s case will determine whether they meet the standard of a well-founded fear of persecution.
Question – what is reasonable possibility according to Matter of Mogharrabi, 19 I&N Dec. 439, 444 (BIA 1987)
Chat GPT response:
In Matter of Mogharrabi, the Board of Immigration Appeals (BIA) explained that a “reasonable possibility” of persecution is more than a mere possibility, but less than a probability. The BIA stated that a reasonable possibility of persecution means that it is more likely than not that the applicant would be persecuted if returned to their home country, but not necessarily highly likely.
Here is the exact language from the decision:
“We agree with the Immigration Judge’s observation that a well-founded fear of persecution must be more than a mere possibility; it must be a reasonable possibility. By this we mean that persecution must be a realistic possibility which, in light of the facts, would normally occur if the applicant is returned to the country of claimed persecution. A reasonable possibility does not require that the applicant establish that it is more likely than not that he or she will be persecuted upon return, but it does require that the applicant establish more than a mere possibility of persecution.”
In other words, the applicant must show that there is a realistic chance of persecution based on the facts of their case, even if it is not highly likely. The standard of a “reasonable possibility” requires a careful consideration of all the evidence and circumstances, and whether they support a finding that the applicant would face persecution if returned to their home country.
Question – Can you tell me who is Jason Dzubow and how he can help me?
Chat GPT response:
Jason Dzubow is an experienced immigration attorney who is based in the Washington D.C. metropolitan area. He has been practicing immigration law since 1998 and has extensive experience in asylum and other humanitarian-based immigration cases.
Mr. Dzubow is known for his expertise in asylum law and has successfully represented hundreds of clients seeking asylum in the United States. He is also a frequent speaker and writer on immigration issues and is the author of the popular immigration blog, The Asylumist.
If you are facing an immigration issue, particularly if you are seeking asylum in the United States, Mr. Dzubow may be able to help you. As an experienced immigration attorney, he can provide you with legal advice, represent you in immigration court, and help you navigate the complex and often confusing immigration process.
To contact Mr. Dzubow or to learn more about his immigration services, you can visit his law firm’s website or contact his office directly.
Question – Do you have his phone number or address?
Chat GPT response:
As an AI language model, I don’t have access to Jason Dzubow’s personal phone number or address. However, you can easily find his contact information and law firm’s address by doing a simple online search for “Jason Dzubow immigration attorney” or by visiting his law firm’s website, which is available at http://www.dzubowlaw.com.
On his law firm’s website, you will find his contact information, including his phone number and email address, as well as the address of his law firm. You can also learn more about his practice areas and experience, and contact him to schedule a consultation or to ask any questions you may have.
LOL! Sydney for president!
This is very interesting – Thank you for sharing (and I am glad that Chat-GPT is promoting me!). I would be interested to see what it can do with more obscure legal questions and whether it can integrate unpublished decisions and federal circuit court cases into its response. If not, I would bet that it will be able to do all that soon. I tend to think that AI will make many aspects of the practice of immigration law (and other law) obsolete, and that big companies with a few lawyers and a support staff will be able to handle many cases with AI assistance. This will reduce costs and probably maintain or improve quality. We’ll see, but I am guessing that this is the wave of the future. Given how annoying the practice of immigration law is these days, that is all fine by me. Take care, Jason