Question: Who do you think is more likely to deny an asylum case, an Immigration Judge appointed by a Republican president or an Immigration Judge appointed by a Democratic president?
As far as I can tell, no one has ever researched this question before; so our team of statisticians here at The Asylumist spent the last few months crunching the numbers, and we now have our answer. If you’re like me, you might find their conclusion a bit surprising.
The starting point for our team’s analysis is–as usual–the data from TRAC Immigration, an organization that has kept a record of asylum denial rates in Immigration Court since 1994. We looked at the numbers for 637 Immigration Judges–288 appointed during Democratic administrations and 349 appointed during Republican administrations.
After doing the math, we found no significant difference between Immigration Judges (IJs) based on whether they were appointed by Republican or Democratic administrations. Over the past three decades, IJs appointed by Democrats denied 65.4% of asylum cases while IJs appointed by Republicans denied 66.7% of asylum cases.
The distribution of asylum denials was also very similar. We can get a sense of this spread by dividing the data in half, with the “easiest” IJs in one half and the “hardest” IJs in the other half. We can then look at the median denial rate for each half, which is called a quartile. In our data set, the first quartile (easiest half) of Democratic IJs denied 51.6% of cases and the first quartile of Republican IJs denied 52.5% of cases. The third quartile (hardest half) of Democratic IJs denied 86.25% of cases and the third quartile of Republican IJs denied 85.3% of cases.
As you can see, there is not much difference between “Republican” and “Democratic” IJs when looked at over the long term. Let’s now look at the last few administrations. Immigration Judges from the Trump, Obama, and George W. Bush Administrations have almost the exact same denial rate: President Trump’s IJs denied 67.18% of asylum cases, President Obama’s IJs denied 67.14% of asylum cases, and President Bush’s IJs denied 67.53% of asylum cases. President Biden’s judges are doing a bit better with a denial rate of “only” 62.4%. However, since it takes time for TRAC to accrue data, we only have denial rates for 24 of President Biden’s IJs (for comparison, we have data for 56 of President Bush’s IJs, 199 of President Obama’s IJs, and 278 of President Trump’s IJs).
While there is no real difference between IJs based on the appointing administration, overall asylum denial rates fluctuate significantly with time. During the post September 11th-era, for example, denial rates in Immigration Court hit an all-time low of 38.4% in December 2011 and an all-time high of 74.3% in January 2019. So what is happening here?
I suspect that the driving factor in these overall denial rates is changes in case law and regulations from one administration to the next. So during the Obama Administration, when the law became less restrictive (and, for example, it became easier for victims of domestic violence to win asylum), overall denial rates declined. When President Trump arrived, his Administration implemented more restrictive rules, and denial rates increased. A secondary factor may be the signals sent from leadership. President Trump’s first Attorney General, Jeff Sessions, famously admonished Immigration Judges to stop asylum seekers and “dirty immigration lawyers” from “abusing” the system by presenting “false claims of asylum.” Such messaging may have had an impact on how IJs viewed their cases and on what they believed they needed to do to satisfy their leadership.
These longer-term trends in the law affect individual denial rates and perhaps make Joe Biden’s IJs look better than they actually are, since those 24 judges have only been on the bench during a more liberal regulatory period. If a more restrictive administration comes into office, and the rules become less favorable for asylum seekers, we would expect President Biden’s IJs to deny more cases.
In a sense, all this is positive news. The overall denial rate is less impacted by partisan political appointments than by changes in the law. In other words, IJs are influenced more by case law and regulations (and perhaps the current administration’s attitude) than they are by the political views of the administrations that appointed them. Even if we look at this data more cynically and conclude that partisan administrations are simply unable to predict which judicial candidates will fulfill their pro- or anti-immigration goals, IJs are still generally following the law, and not the partisan whims of the administrations that appointed them.
Finally, while overall denial rates are not affected by partisan appointments, individual judges can be quite partisan, or at least very biased. As I have discussed previously, some judges deny almost all their asylum cases, regardless of the merits and regardless of the law. A much smaller number of IJs grant asylum in almost all cases. Where particular IJs are making decisions outside the main stream, we need to think about why, and determine whether corrective measures–such as additional training–are needed. While there certainly are unfair judges, we can take some comfort in the fact that partisan appointments are generally not the cause of unjust outcomes in Immigration Court.
Special thanks to Tiana Go and Sophia Joseph for their help with this article.
Hi Jason,
I don’t have a question today but just wanted to say, that I always impatiently waiting for your posts, and checking the blog almost every day, and more often towards the time when you usually release new articles.
I know there are some times there is a lot of info and probably hard to pick which one to talk about, and there are others when there’s no news to share, and yet you still find topics, that are so helpful and so interesting to learn about.
Many people have said it, and I have on multiple occasions, but I really appreciate you and the work you are doing for us with having this blog and trying to answer all of our questions, additionally to writing books and having the practice (like, when do you even have time for all of this).
It’s so comforting to know that there are people who truly care about our destiny. Thank you!
Thank you for the kind words. I am ready for a vacation…
Hi Jason,
I have 2 questions about asylum at border:
-im not Latino , would they release me and proceed with the court at later time. Or they will keep me in the shelter until I get court date? (Per my understanding they have expel orders to Latino nationalities)
-if I have European visa on my passport, would affect my eligibility to apply for asylum as I would be asked whey didn’t apply for asylum there?
-if at the border I got no to my asylum case what will happen after ?
Thanks
get a lawyer
I am not that familiar with what is happening at the border. Supposedly, most non-Mexican people who did not try to seek asylum in Mexico or another country will be denied entry. There are exceptions to that rule, but whether you meet those, I do not know. I do not think a European visa would make any difference, but it would not hurt to be able to explain why you did not seek asylum there or anywhere else. If they reject you at the border, you may be expelled to Mexico, but again, I do not know the rules or how they are being implemented. Maybe try to talk to a lawyer near the border, who may know more. Take care, Jason
Hello Sir Jason,
I just heard about your blog and the work you do. Thanks so much.
I am from Cameroon and was persecuted by the government of Cameroon since I support the liberation of Amambazonia.
I was arrested and beaten. I escaped and afted several months, by the Grace of God, I arrived St Thomas US Virgin Islands 3 days ago by sea. I was interviewed by CBP and then given a bunch of papers then released. I was asked to come back before an Immigration Judge on July 10 2023 and show why I should not be removed. It looks like I was placed under removal proceedings.
1. Please do you think I should go back there or remain in Los Angeles where my brother lives.
2. What are the possibilities of getting my Asylum granted in St Thomas US Virgins Islands versus California.
3. Can you please represent me and how much do you charge please?
Time is so much against me. Thanks so much and hope to hear from you soon
1 – I am not sure that you will be able to get to the mainland, but if you do move to LA (or anywhere else), you will need to inform the court and move the case. Sometimes, the court will not agree to move the case, and then you need to attend the hearing in July; otherwise, you will be ordered deported (sometimes, you can attend by video, depending on the judge). 2 – You can Google “TRAC Immigration” and find statistics on the different judges and courts, and I think there is data about the judge or judges in the USVI. 3 – I am in Washington, DC, and so you might look for a local lawyer before you try to use a lawyer who is not in the USVI. If you wanted to email me, I could discuss fees with you, but it will probably be cheaper to use a local lawyer. My email is JDzubow@DzubowLaw.com. Take care, Jason
Hi Jason,
I have 3 questions about asylum at border:
-im not Latino , so would I get released when I apply to asylum at the border and get court date later?
-i read that people get expelled to Mexico , is that to all nationalities or Latino only ?
-i have European union visa , would that cause any problem applying to asylum as I could have applied there before USA?
-if court denied my case what would happen to me after ? Would I be able to appeal?
Thanks
I am not Jason; I am not immigratio lawyer; I didnot come through border but I am waiting for interview since 2015!!! Consider this comment as lay person comment;
As I watch on news, the border situation is still not clearly settled after the ending of the Title 42! They are talking about Article 8? Which makes it illegal for anyone from anywhere to cross the border at place not assigned as Port of entey. I think if you cross the border illegally you will be deported and banned for 5 years (they saying the judge may rule against this title/Article 8 and give a chance for people crossing illegally too?). At the port of entry, they may deny your asylum if you pass through third country regardless of your country of origin (not specific to Latino or your EU visa). That is my understanding from watching tiktok shorties😎
Hi Jason,
Thanks for what you do. We truly appreciate you.
I applied for asylum in 2015 and i have never been called for an interview. Last year i filed for l140 which was approved and I submitted my 485 application. They waived my biometrics because they already had them from my asylum case. They send me a Combo card, then went quiet. Now i need to travel to a third country to meet my family. is this safe? Will they admit me back? What’s your experience with these cases.
If you have a valid Advance Parole document, like the combo card, you should have no problem re-entering the US. You will have to travel using your passport, and whether this will affect your asylum case depends on the case (of course, if you get the GC some other way, you can cancel the asylum case). On May 25, 2022, I wrote about asylees traveling on their passports, and the issues are similar for a pending-asylum person. Take care, Jason
Thank you for your reply. What if while i am gone they deny my 485 with the reasoning that pending asylum is not lawful status. My understanding is that they will cancel the Combo card. Will they allow me to re-enter? Am confused and I really want to go meet my family.
I do not think there is a clear rule about that. However, if the card is valid, you should be able to get to the US. In the worst case, they would detain you at the airport and you would have to litigate an asylum case in court (potentially while detained, though that seems very unlikely unless you have criminal convictions). Maybe talk to a lawyer to evaluate the case and help you make the best decision. Take care, Jason
Dear Jason,
My Asylum case was denied in Feb 2019 and was referred for removal proceedings. I got my immigration court date in Feb 2021 with Judge Paul Mcklonskey, which was cancelled only few days before the hearing date due to Covid.
I just heard couple of days ago from Annandale court giving me new hearing date in June with a different judge. According to the court officer, judge Jason Braun has read my case and felt that it’s ready.
1. Is changing the judge normal?
2. It looks like judge Jason Braun is new. Any feedback about him and “he felt that my case is ready”? I am Syrian so not sure if that is a good or a bad thing.
Thanks in advance.
1 – Yes. 2 – I do not know about that judge. Probably, it is good news for you. While I personally like J. McClosky, he has a very high denial rate and probably J. Braun will be better. Also, it is not for the judge to decide whether your case is ready – the judge just sets it for a hearing. If you want to submit additional evidence, such as updated country conditions and evidence of any recent events in your or your family’s life, you should do that prior to the hearing and according to the court rules or any court orders. Take care, Jason
Hi everyone! Just want to give an update.
Today I got my EAD card, and the category is the correct one A5!! (Valid for 2 years)
Even though they approved receipt on the C08 category,
And the A5 receipt application still showing Case was received.
Should I contact USCIS to close it?
Since they sent me the EAD under correct category?
Thank you
Now that you have A5 ead, the first thing you need to do is to get you unrestricted SSN and/or State ID/driver license and refrain from talking about your asylee status.
The documents you present for I-9 will be the same as those presented a natural born U.S. Citizen.
and then you are good, you don’t have to worry about EAD discrimination or worry about EAD at all.
I guess you can call them to tell them, or send a request through USCIS Help (there is a link under Resources). I do not really see any reason to do that. I do not know that they would issue you a c-8 card, and even if they do, I do not see the harm, but I also see no harm in trying to close the c-8 case. Take care, Jason
Hey jason,
I have applied for my i-485 based on asylum approval 9 months ago and still no response at all! Is that normal? I have a friend she applied 1 month before me and got her GC last week so she got it in 10 months but she had the medical with her application while I didn’t put the medical along with my i-485 from the start so how that can delay my case?
Thanks
We are seeing all sorts of time frames for the GC – some people wait 2 or 2.5 years; other people get the GC in a few months (though that seems rare). I do not know why one case is fast and another is slow, and I doubt the medical exam is the reason, but I do not know for sure. As long as you received the receipt and the case is pending, you should be fine, and you should get the GC eventually. I suppose if you have a reason to expedite, you can try that – I wrote about expediting on January 29, 2020. Take care, Jason
Hello mr jason. I apply asylum after 1 year . First am i eligible to apply work permit. If yes today is 151 days for me asylum clock case filed with uscis. Can i apply work permit right now or wait 180 days. If filed right now how long can i expect for work permit to be approved. Online it says 30 days . And if it takes more than 30 days can i put enquiry . Thanks
As long as the clock has not stopped (because you missed an appointment or caused a delay), you can apply for the work permit any time after 150 days. The first work permit based on asylum pending is generally taking a month or two. I guess you can inquire after 30 days, but I think that is a waste of time, as most people get the first work permit relatively quickly, and those inquiries seem to do little or nothing. Take care, Jason
Hi there, thank you for what you do for the community, please how long does it take for the Arlington asylum office to withdraw a case? I got my 10 years green card through marriage and my case is pending since 2017 affirmative asylum
I wrote about withdrawing on December 7, 2022, and there is more detail in that post. The time frame to withdraw is very unpredictable. Sometimes, it takes a few days; other times, it takes months and you have to remind them repeatedly. Take care, Jason
hello Jason, my family and I want to travel outside of the USA for 4weeks, my children are US citizens,my wife and I are asylee. Before I came to the US and apply asylum I was put in secondary inspection by CBP everytime at the airport, I never knew why , maybe the first time was due to the fact I entered from the airport other than the one stated in my visa application ,I am not from middle east, nor majority muslim countries.
1.What are the chance of me being put in secondary inspection if i leave the USA with only refugee travel document
2.can CBP cancel my asylee status or they have to put me in front of the judge first
1 – I do not know. But if that happened to you before, it could certainly happen again. Most people who enter with an RTD do not go to secondary inspection. 2 – I guess if that had some reason (like they think you are a criminal or a terrorist), they could put you in front of a judge, but they could not just cancel your status there on the spot. I have never heard of a person entering with an RTD and having such a problem. Take care, Jason
Hi jason . My asylum case has been approved. My question is, can I go to Canada without a travel document? I entered the USA without a visa. Can I enter again?
As far as I know, you cannot do that. Whenever a client of mine has traveled, they had either a GC or a Refugee Travel Document, form I-131, available at http://www.uscis.gov. I am not sure you can get into Canada without that, and I do not know how you would return to the US either. Take care, Jason
Good morning,
If I want to cancel my asylum case, what are the steps? How much time does it take them to cancel the case? How much time will I get to leave the USA?
Thanks,
You can email the local office and ask them to withdraw your case – You can find their email if you follow the link under Resources called Asylum Office Locator. If you withdraw the case while you are in the US, and if you do not have any other status, they will send you to Immigration Court, which will create all kinds of hassles and potentially end with a deportation order (which will make it much harder to ever return to the US). For this reason, if you plan to leave the US, I recommend that you leave first, get proof that you have left, and then request to withdraw the case. Include proof that you are now outside the US, so that they will not send you to Immigration Court, but will instead just close your case. I wrote more about withdrawing a case on December 7, 2022 and maybe that will help. Take care, Jason
Thanks for the information. But if you know how much time would take the asylum to process my request and if I was sent to the court, can I still leave? And are they going to allow me to stay for a while until I finish all my work?
I would appreciate if you know.
Thanks,
The time it takes to process a withdrawal at the asylum office is not predictable – it could take a day or it could take many months (and require you to follow up with them). If you go to court, you can still leave, but unless you get the court’s permission, that would likely result in an order of deportation, which will likely block you from returning for years. Take care, Jason
Hi,
Can anyone tell me what is the approximately wait time for Asylum based Green Card and the time for Advance Parole and Travel Documents?
Thanks again!
It is not predictable and it can be shorter than this, but we see most GC applications take 2 or 2.5 years (though sometimes it is a lot shorter, if you are lucky). Normally, an asylee would apply for a Refugee Travel Document (and not Advance Parole), and the RTD is generally taking over 1 year. You can try to expedite these applications. It is not easy, but I wrote about that on January 29, 2020. Take care, Jason
Hi Mr.Jason
I have received RFE yesterday for my asylum based green card and I was so happy. However, the RFE asked for the whole disposition of my case back home. The case was purely political and it was the basis of my asylum here. I do not know how this does make sense, how does USCIS ask me to provide additional evidence from my country of prosecution and especially the judiciary. The alternative was said in the RFE is one or more statements of someone with personal knowledge. Do you think an affidavit from my lawyer back home can be enough? This is worrying me so much. The case is moving yet the REF content was unexpected. Does USCIS ask for cases dispositions usually? Thank you
I can’t say that it always happens this way, but often times, you get a ridiculous RFE, you do your best to respond in a respectful way (which is not easy, since some of these RFEs are utter garbage), and then USCIS approves the case. I think a letter from your lawyer back home would be perfect. Also, provide any other evidence you have from the case itself. If you cannot get anything more, and if the case was politically motivated, your lawyer can explain all that. Hopefully, that will satisfy them. You might also talk to a lawyer in the US to review the RFE and see if anything else is needed (maybe a waiver under INA 209(c)?). That might be wise if the RFE seems very complicated or worrisome. Take care, Jason
Hi Jason, thank you for your blog and so much information and advice you provide. Have a hypothetical question as to how do you think this Title 42 issue affect the current backlog situation. Will it increase or decrease the wait time ?
I am pretty certain that it will make things worse. Asylum officers are being deployed to help with the border and so they are not available to work on “regular” affirmative cases. In our local office (Virginia), we had two interviews scheduled for May and they have both been cancelled, probably because of the border. I also heard that no cases would be scheduled in May for the same reason. Anyway, maybe the disruption will be short lived. We shall see. Take care, Jason
Hi everyone! Thank you all for your stories, advices and experiences, especially Jason and Jamie.
Just to start with: I have applied for asylum back in April 2016, Chicago office, no interview yet.
Now, I have applied for EAD renewal exactly a year ago. I renewed it with receipt notice, but only for a year and it expires in August. I don’t think dmv will extend it again with the same notice. Should I do something about it or just wait?
This receipt notices were automatically converted to 540-day extensions for anyone who filed to renew before the old card expired. I wrote about this (with links to USCIS websites that you can show the DMV) on May 11, 2022. Take care, Jason
Hi Tas, I have just applied online few days ago and it was super easy and great and I have paid $410 from my Credit card and it took only 5 days to receive original receipt from USCIS when you can download it’s copy anytime from you USCIS online account but if you want to go for fee waiver then you can’t apply online then! I have family of four, two adult and two young kids and it was my first time since you can do it starting Jan, 2023. The old fashion way isn’t good since I heard it will will take months cash your check but I have already got my 540 extension days right after my EAD card expiration date!
Also, I save $800 which my lawyer asked $200 for each of us but for going for online it took only 10 minutes which is awesome!
I applied when I had 5 month and half remain to my EAD expiration date to be in safe side and not get rejected by USCIS because of early application!
Thanks,
Rex
I kind of feel bad for your lawyer, but otherwise this is good news. Take care, Jason
Can I apply for ead renewal for pending asylum online?is it safe or the old method of mailing the documents is coreect?and before how many days can I send the renewal application?
It is relatively new, but you can renew a c-8 (asylum pending) EAD online. We started doing that and it seems to work fine. The earliest you can file to renew is 180 days before the current card expires. Take care, Jason
Hi Emmanuel, I have the exact story like you but after 2.5 years waiting for decision the officer sent a decision recently and mention a very ridiculous reason to refer me to Immigration Court which my lawyer and everyone just shocked to hear my story, some of those officers are like that, we really suffering a lot in this pass, the only thing can show you if you get approved is if you have seen the message that Feed has been Waived” when you check your case online, if you have seen that before changing it to “Decision was mailed” then sit relax but for any news you get just get all of us informed if you don’t mind, wish you all the best.
Rex
some time the case change straight to decision mailed, without EAD fees waived, my case went straight to decision mailed and I did not even get any category 05 ,EAD I had to apply for it.the way to know the outcome it to get the letter and read it.
I did an article recently about how most denials at the asylum office are reversed in Immigration Court. If you are interested, it was on March 8, 2023. Take care, Jason
Dear Jason,
I want to thank you for all you do for us on your page,may God bless you generationally,most of our stories here will never be complete without your impact.
I have been waiting for a decision since May 2023,I submitted my application in May 2017, exactly a year I came into the country. I waited 5 years for my interview which was done last year,I have since waited a year again for my decision instead of the w weeks given.
I sent a mail on 7th May and got a message below
Good morning,
A copy of your decision was mailed on May 9, 2023, to the address on file. Please allow 7-10 business days for delivery.
Thank you,
Jason and fellow asylumists,I am happy for this but at the same time nervous…just give me some encouraging words.
I love you all
Emmanuel
I wish you good luck with the decision – please let us know. Take care, Jason
Good luck my brother. I have been in this pain waiting for an interview for years. I am usually frustrated and feel hopeless when I think about my immigration. ( Hopeless Affirmative asylum seeker.)
My i485 application based on asylum is still pending since March 2020. In July 2022 uscis asked to submit i693 (RFE) which I did submit right away. They keep transferring the case between offices and finally landed at national benefits center in September 2022. Does anyone have similar experiences? Just wanted to know how long NBC takes to process i485? Thank you!
I do not know, but we have seen most asylee-based GC applications take 2 to 2.5 years, so hopefully you will have a decision soon. If your case is outside the processing time posted at http://www.uscis.gov, you can make an inquiry – there is a link under Resources called USCIS Help or you can call 800-375-5283. Take care, Jason
Hi Jason,
My asylum has been granted and currently I don’t have any job and applied for cash assistance and EBT card. Are these considered public benefits and can have effect on my green card in the future as public benefits?
I heard that public benefits rule doesn’t apply to asylees but i want to make sure.
Thanks
The public benefit rule does not apply to asylees, so this is correct – it has no effect on an application for a GC based on asylum. Take care, Jason
Hi Alna,
I am not Jason but he will surely clear you on that.
Please where and when was your asylum granted?
Thank you.
Emmanuel
Good Morning Jason,
I had my individual hearing for Asylum 2 weeks ago, and i had also filed for EOIR-42B Cancellation of Removal. At the final hearing the immigration judge didn’t make a decision on either Asylum case or the Cancelation of removal. Instead, he gave another date (which is a month from now to come back for his decision). When i checked the EOIR online system it was updated with a new future hearing date, But last week when i checked my future hearing date was removed and the case shows pending with no hearing date. What could be the reason?
Thank you
There could be many reasons, and there is probably not a lot you can do except wait for them to re-schedule or just send you the decision. You can try to call and ask the judge’s clerk about it, though they rarely give you much info. You can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Thank you
Hello Jason,
I’m a green card holder, applied I130 for my spouse a year ago and the application still pending. I’ve been traveling abroad to meet my wife in a third country using refugee travel document up until recently. My rtd is expired and I’m about to submit renewal. But it’s processing time now is 17-24 months and the i130 approval time (until she gets the US visa) also unknown, generally speaking it could take months or years. I’m really stuck with this situation right now and do not know what i can do. Is there a way to get rfe processing time to speed up and get it within 4-5 months? Or can she apply for a tourist/visitor visa while the i130 is pending, meaning that is there any harm doing so even the chances that consular will not approve it, at least we can try. Its been almost 10 years im hoping to bring her here so we can finally start living a normal life and we’re slowly breaking of off this distance and loneliness. I need a help. Would love to hear any possibility to rejoin with my family soon. Thank you 🙏🏼
You can try to expedite either or both applications – I wrote about that in general on January 29, 2020. Unfortunately, it is very difficult to expedite, but you can certainly try. As for her, she can apply for a B visa (or any other visa). That is no problem, as long as she does not have an intent to violate her visa by remaining permanently in the US. If she manages to get a visa and comes here, and then later changes her mind and tries to stay permanently, she may need to explain that to USCIS, but people do it all the time. Like you say, it is unlikely she would get a B visa, given that an I-130 is pending for her, but if she is eligible, she might have more luck with an H1b or an L visa – for these visas, it does not matter if you have an intent to immigrate or not, and so the pending I-130 would have no effect. Good luck, Jason
Hi Jason, i hope you are doing great, do you remember you had a client that he had individual hearing and back ground check was not ready but judge said she is going to approve his case?, has his background check gets cleared or not yet of yes how much after court date it got cleared?, thank you.
His case is set for late July 2023, so no news yet. Take care, Jason
Thank you so much, how many times got postponed for this reason?, and if gets clear earlier DHS will notice you?, again thanks for all your responses.
I think it was postponed twice since the Individual Hearing (once at the Individual Hearing and once more). Honestly, I do not remember if both postponements were because of the security check, but at least the first one was for that reason. Take care, Jason
i have had same situation i had individual on last December and again on March and i will have next on this coming June i am wondering how many time it can get postponed and judge dose not have any power to force them.
In our case, I think we will get a decision. I think such delays are rare in court, and so they usually get worked out pretty quickly. The judge could potentially grant the case even with an incomplete background check, and then if the check reveals a problem, the case can be re-opened. Most judges will not do that, but if the background check keeps dragging on, you can ask. Take care, Jason
thank you so much for your clear answer, last question in your experience if the judge wants to not grant, he would not wait for background check result am i right?
I am not sure about that. Logically, the judge should not need a background check to deny a case, but logic often does not apply in immigration world. I guess I think that the delay does not really tell you anything about whether the decision will be a grant or a denial, at least I don’t think it does. Take care, Jason
Hi Jason! Could you please advise, I was granted asylum in December 2022, in January I applied for a work authorization card based on approval asylum A5 category. (I know being an Asylee I don’t need EAD but most of the employers still asking wor EAD)
On February 2022 I applied for EAD renewal card based on C08 category asylum pending and it was approved yesterday lol (after almost 445 days ago) can I withdraw the EAD request based in A5 category? Can I use the new renewed EAD? Technically I’m no longer in asylum pending status? Thank you
Hey nordies,
First of all congrats on your approval.
Second, may I ask which office did u apply for ur C8 renewal ?
Third, may I ask why does ur employer wants a EAD card. They want I-9 recertification…but aren’t handing out ur SSN and driver license be enough ? I am curious what the scenario was if u don’t mind sharing. Did they say those documents are not enough ?
And finally why did u choose not to educate your employer about the fact that A5 doesn’t need an EAD to work. Why did u comply with this unnecessary and discriminatory request. Just curious what’s the mindset that goes into ur decision of not doing former but doing latter.
Thanks ! And congrats again !
Hey thank you 🙂 answering your questions, I honestly don’t remember which service center was it, I belive it’s a Texas one, I’m living in NYC (and it was my 3rd EAD card renewal with C08 category)
Why I deciced to get EAD? because my passport expired and I can’t renew it, even with granted asylum and I94 card I wasn’t able to get a real ID driver license, dmv asked for EAD or greencard, the driver license have now is not for federal purposes, and I do want to have some “real ID” plus most of the employers do not understand that asylees do not need EAD and asking for EAD or greencard, and i honestly do not want to deal with proving every time that I do not needed it and I already authorized to work as Asylee, (just to save time and my nerves:)
I have faced similar situation with the DMV in New York. Apparently they do not recognize a grant of asylum as sufficient authorization to be issued a real ID which is odd since your SSN is unrestricted along with employment authorization. A EAD might take up to a year to be approved these days and then your License might also be issued to expire with the validity of your EAD.
@Nodies, that’s an issue. I personally don’t plan to get a state id or driver license. It’s unfortunate DMV can’t recognize that asylees can work and should be granted an ID.
But, when I check the list B document. There is another kind of id called school id with a photograph. And it doesn’t say that it needs to be an American school…
So would that be an option for you ?
Norides, congrats on your asylum approval. I live right here in NYC and I was able to get the REAL ID with full validity when I was an asylee. That is because I explained to the DMV manager how asylum works and what it is. I remember the regional director was there as well, and he agreed that asylees should be treated like LPRs/should receive the REAL ID with full validity. He told me he’d reach out to the workers in Albany and get back to me (I had to leave my application with the DMV). In about 5 days, the DMV called/emailed me (don’t remember) and told me that my ID, with full validity, was ready for pick up. This was like 5 years ago! Apparently, their system does not have a space for people with asylum status, or it’s not immediately clear to the DMV worker what to do, and it would require the DMV employee to figure out how to enter your information in the system so you can get the ID with full validity. Sometimes you have to be determined/persistent to get what you want. That may also require you to explain your status, or ask to speak to someone in a higher position who may be more experienced or knowledgeable. The same goes for applying for an unrestricted social security card or for employment verification purposes. If they don’t know, they will continue to do the same thing. Furthermore, having the REAL ID with full validity and an unrestricted social security would make your life so much easier (I promise you). An asylee should do everything in his or her power to get an unrestricted social security card and a state-issued ID with full validity.
Hi Jamie, sorry just saw your response!
Unfortunately when I went to DMV they refused to give me a real iD, I spoke with supervisor etc they’ve been calling to Albany and then printed out the list showing I must have Greencard or Valid EAD, by the time i went there my EAD was expired and I only had i94 card with asylum granted status and showed them a receipt that I applied for EAD, I went to another DMV office same story, so I’ll just wait until I will receive my greencard ( hopefully in next 5 years I’ll get a greencard the processing time so long for Asylees based AOS😭)
This is very annoying, as usual. Technically, I guess you should not use the c-8 card, and hopefully, you will receive the a-5 card soon – typically, that does arrive faster than a renewal. I see no reason to withdraw the a-5 card, since that is free. Also, you no longer have to wait one full year to apply for the GC – I wrote about that on February 8, 2023. Take care, Jason
Hello, I am a pending asylum applicant since 2018 together with my wife and 3 kids included in the application, my wife is a Nurse leader working presently and her employer is ready to file EB3 for her in which we are to be included in the application, my issue is that if I-140 is approved, are we going be required to leave the country and adjust our status (I-485) at the closest embassy outside the USA or we would be allowed to do the adjustment of status within USA as I am scared to leave USA while my asylum application is pending with USCIS. I have discussed this with about 6 lawyers, 3 lawyers said yes, I will have to leave and get Visa to come back while 3 lawyers said I would not leave the country to adjust our status that I would adjust (I-485) inside the country, I need your assistance Regards.
@David, am not Jason, but am sure Jason will give you an appropriate answer. These cases of asylum applicants trying to adjust status through EB all boil down to one aspect: If the applicant maintained their status after filing for asylum. If they did not, then they will have to go through consular processing. Please note that if you have to go through the consular processing, it’s not necessarily the closest to US, the closest ones are overbooked. You will have to search far and wide and email them and luckily one of them will accept.
There is an exception to the rule that you have to leave the US, and that is a section of the law called INA 245(k). You can ask a lawyer about whether you are eligible for that, but it seems to be fairly obscure and not many lawyers have done it (and I have not done it either). Take care, Jason
Hello, I am a pending asylum applicant since 2018 together with my wife and 3 kids included in the application, my wife is a Nurse leader working presently and her employer is ready to file EB3 for her in which we are to be included in the application, my issue is that if I-140 is approved, are we going be required to leave the country and adjust our status (I-485) at the closest embassy outside the USA or we would be allowed to do the adjustment of status within USA as I am scared to leave USA while my asylum application is pending with USCIS. I have discussed this with about 6 lawyers, 3 lawyers said yes, I will have to leave and get Visa to come back while 3 lawyers said I would not leave the country to adjust our status that I would adjust (I-485) inside the country, I need your assistance Regards.
It depends on the specifics of the case. If you are able to adjust status inside the US, it would most likely be because either (1) you have some other lawful status in the US, aside from asylum pending (maybe you have an H1b or an F visa, for example) or (2) you can adjust using a section of the law called INA 245(k). Whether you qualify for those paths, I do not know. I think you need to find a lawyer you trust and have the lawyer write down, step by step, how you will get from where you are now, to having a GC in your hand, and explain where the risks are. I wrote about this issue on August 28, 2018 and September 6, 2018, and maybe those posts will help, but I think you will need to choose a lawyer you trust and see what can be done. Take care, Jason
Hi,
I applied for a green card in 2019 based on asylum and my application is still pending. When I was granted asylum in 2018, I also submitted I-730 for my son who was 17 at the time of application. My son is outside of the US and we have no updates about his case either. His I-730 has been pending for several years and he’ll be 23 years old in May. He is single (never married). Would the fact that he is over 21 now be a problem and make him ineligible for a derivative asylum through my case?
Hi Jason,
I have a follow-up question. I’ve made calls to the USCIS regarding outside of normal processing time for my case (i-485) and my son (i-730) multiple times. I submitted an affidavit last year explaining this situation. It did not seem to help at all. Is there any other way I could speed up the processing? Should I try contacting my congressman/or senator’s office?
Thank you,
Salamon
If you have called already, try the USCIS Ombudsman. You can also try the Congressperson or Senator, as they sometimes help. If all that fails, talk to a lawyer about the mandamus lawsuit. Good luck, Jason
In terms of your son, he should be able to come here – it makes no difference that he is over 21 (unless he gets married). That is based on the Child Status Protection Act. However, the time frame for your two cases seems very slow. You might inquire with USCIS – there is a link under Resources called USCIS Help – try that first, and one called USCIS Ombudsman, which you can try if USCIS Help does not help. If those fail, you might want to talk to a lawyer about filing a mandamus lawsuit to force USCIS to do its job, since these cases seem outside the “normal” processing time. Take care, Jason
Hello Mr. Dzubow,
I am preparing to file I-485 based on asylum status. I was granted asylum at the end of October 2022. I am the principal applicant and there’s a 1 year physical presence requirement at the time the USCIS adjudicate I-485. My question is, how would they determine that I have been physically present in the US for 1 year? Will they calculate it from the date the asylum was granted or will I need to submit evidence? How principal applicants would prove 1 year physical presence prior to Feb. 2023 rule (not requiring 1 year physical presence at the time the I-485 was filed )?
I wrote about that rule on February 8, 2023 and maybe that would be helpful. But typically, you do not need to provide proof of the physical presence, unless they ask. Then you can show your passport and any travel documents; you can also show work records or school records, letters from people who know you were in the US, lease or mortgage statements, taxes, etc. They calculate the time from the date you got asylum until the date they make a decision in your I-485 case. Take care, Jason
I am applying for asylum in 2021. I am a high paraplegic, and my child is 19 years old and is not in the United States when I apply. Now the long-term separation from my child has made my condition worse. I applied for an urgent interview and wanted to reunite with my child but was rejected. The answer was that my child is already 21 years old, and even if I pass it, there is no way to take the child. what should I do?
I am so sorry to hear that Annie. May I ask which office it is ?
I think the office probably meant that the child cannot be your automatic derivative since they are not with your asylum case at first…
Cause I believe that if you r granted asylum, you can always file I-730 right ?
It is very difficult to expedite a case, especially now, since USCIS is expecting to “surge” resources to the border now that Title 42 is ending (in other words, once Title 42 ends, most asylum offices will be dealing with border cases and will not have time to do other work). That said, I believe their answer is wrong. If you filed for asylum when your son was under 21 years old, and if you win your case, you can file to bring him here (under the Child Status Protection Act). The only exceptions are if he is married or if he is a criminal or national security risk. Maybe you want to point that out and try again. If that still fails, maybe you can try a mandamus lawsuit, which should get you an interview – we wrote about that on October 2, 2018 (in the context of getting a decision, but the idea is the same). Maybe you want to talk to a lawyer about that. Take care, Jason
Hello,
I am applying for adjustment of status based on a grant of asylum. For form I-485, Page 3, Question 26a-26c, Do I provide the I-94 number issued upon admission into the US from my last arrival (I arrived as an F1 student with D/S as expiration date) or the I-94 number provided when asylum was granted. If I use the I-94 from the asylum grant, would the expiration date be “granted indefinitely”?
Thank you
I forget the exact question, but do your best to answer and include copies of both I-94 documents. That way, USCIS will have what it needs. I think it does not matter much which I-94 you list, as long as you include copies of both, but if the question asks about your most recent entry into the US, include that I-94 info (so if you did not re-enter the US since you got asylum, include the F-1 info). Take care, Jason
Hi Jason,
I applied asylum affirmative with uscis. My clock is 151 days now. My application is pending as of dec 5 2022 as written on receipt. In mean while i was scheduled for biometrics which i did. But i missed it by 2 days due to illness. I we t there they let me do the biometrics later. I have stped proof too. Now its 151 days before i apply asylum how do i contact asylum office. Los angeles asylum field office. What would be the best way to contact them mail , phone or person or what should i do to see if clock is running. Before i apply work permit
I am not sure I understand your question, but if you missed a biometric appointment, it is possible that the “asylum clock” stopped, which would block you from getting a work permit. If you went to the appointment 2 days later, hopefully the clock re-started. In that case, I would wait an extra 2 days before filing for the work permit. I guess you can also email the asylum office to ask about this, but they are not very good about responding. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
I filled for an affirmative asylum at the LA office since 2017. April 2023, I filed for a mandamus with the help of an attorney and I have my interview scheduled for December 2023.
Is it possible for USCIS to change that date and bring it forward?
Is there anything I could do to make that happen without jeopardizing my chances of them rescheduling it much more further? Thanks for your help!
Congrats on getting an interview !
I guess I am just wondering…how could it be possible they can schedule you for December ? how could they predict their work schedule then ? did you get a specific date and time ? or just december ?
Thank you. Yes I got a specific date for the interview in December. We are as perplexed as well a d per my lawyer, it could be an original date USCIS had set already before the mandamus. Lawyer said they are yet to hear from the attorney general about the mandamus as well. They are looking into it and trying to see if the date could be brought closer
That’s indeed very odd. They schedule you half a year ahead, not knowing anything about your or their availability then…hmmm
@Jason, any thought ?
I have a feeling that they are getting ready for the end of Title 42, which will cause the asylum office (and other USCIS offices) to send resources to the border. For this reason, they have no availability to interview “regular” asylum seekers – even those who have filed mandamus lawsuits. We’ll see how this plays out, but given what I have been hearing, I have a feeling there will be very few asylum interviews until they figure out the impact of the end of Title 42. Take care, Jason
I filed at LA asylum office in June 2015 and filed a writ of Mandamus March 2023 and haven’t received any news from USCIS yet.
I’m happy that many of asylum seekers from backlog started suing USCIS,May be the district court knows how much asylum seekers have been suffering not only from their persecution, but also from unreasonable delays that affects their mental health.
I hope one day I start a mental health campaign and spread awareness of asylum seekers’ mental health.
Hello. I need help. I applied for asylum in February 2015. My case was approved in April 2023. I got married in April 2019. I was approved in September 2022 without interwiem. Which do you think I can get the fastest green card? I had entered America without permission.
You no longer have to wait one year to apply for a GC based on asylum – I wrote about that on February 8, 2023. However, assuming you are eligible to get the GC based on the marriage, and assuming that you married a US citizen, that might be the better approach. When a person gets a GC based on marriage to a US citizen, that person can become a US citizen themself more quickly (assuming they remain married). The wait is 3 years instead of the normal 5 (though the wait is 4 years for people who get the GC based on asylum). I would talk to a lawyer about the specifics of your case, as you want to be sure you are eligible for the marriage-based GC (I suspect that you are, but it is best to know for sure) and also maybe talk through which path would be better for you. Take care, Jason
Hi Jason, hope you are doing well,
My asylum was filed online on Uscis website by my attorney. I informed them about my address change and they sent me ar-11 form and I filled it. They told me they sent the ar-11 form but next week it’s going to be 1 month and I’ve been checking my myUscis account and my address haven’t changed yet. How long does Uscis address change to effect? (I moved to another apartment has the same postcode in the same state, so my asylum office didn’t change). Thank you
We always file the AR-11 online, and we get a confirmation almost immediately. Other than that, we receive no other notice. So if you did not file the AR-11 online, maybe you should do that, so you have the receipt. If they sent it by mail, I do not know how long it will take to update. Take care, Jason
Hi,
I want to ask a question. It seems from you writing, the best case for asylum seekers are biden continues to appoint IJs…
So who, among Don or Ron, do you think will have a better shot at usurp Biden ?
I would like to hear your opinion and that will form the basis of my action of “supporting” a particular candidate in the GOP primary lol…
I really have no opinion on that at this point. DeSantis is not even running yet, but if he were the nominee, he has some serious problems to overcome with the general public, and of course Trump has a ton of baggage, so I really do not know who is the stronger candidate. Take care, Jason
Thank you. Let’s hope Ron will not overcome those serious problems…
or Tr*mp is the nominee…
Hi Jason,
Hope you are doing well!
Do people called to citizenship interview if background check is not yet cleared?
I had my interview recently and it went well from what I can say, at the end I was given paper that my application was recommended for approval. Officer told me I should receive notice to the mail within few weeks. At the same time status online changed to “Oath will be scheduled”.
It was little over two weeks now and no updates. Additionally, I found out that other applicants (in similar timeline and same field office) received their oath invitation letters right after interview. And they already had their ceremonies, even some had interviews at the later date than me.
Trying to understand, what is the issue here
Thank you!
Some cases take longer than others, and so this is not particularly unusual. I think there is nothing to do at this stage besides wait, and hopefully, you will get the oath letter soon. Take care, Jason
Ross, Jason already responded to you, but I wanted to let you know that you should be fine and it has nothing to do with background check. If your background check was not cleared, your status would not have been updated to “Oath Ceremony Will Be Scheduled”. Additionally, before you status updated to “Oath Ceremony Will Be Scheduled”, your case status should have updated to something to the effect “Your case was submitted for quality review.” If your background check wasn’t cleared, it would not have passed the “quality review” stage, the stage before “Oath Ceremony Will Be Scheduled” or “Your Form N-400, Application for Naturalization, was placed in line for oath ceremony scheduling.” or “We scheduled you for an oath ceremony for your Form N-400, Application for Naturalization.”, as your application would have been incomplete- unless USCIS made an error. Some cities/USCIS offices take longer to schedule oath ceremonies because of limited availability/resources. It took 1 month for me to get my actual oath ceremony after the recommended approval status. I think you should exercise some patience at this time. The good thing is that you already passed the interview.
Good points – Thank you, Jason
Is a permanent resident allowed to petition a parent or wait until he/she gets citizenship?
I have a question and need an answer. The question is the following:
Does a permanent resident have the right to make a petition for his/her parents? Or he/she must wait until he/she gains citizenship?
Thank
Only a US citizen who is 21+ years old can file for a parent using form I-130. So the person would have to wait for citizenship before filing. Maybe there are other ways the parent can come here – visitor visa, for example, and the person could write a letter of invitation or an affidavit of support (form I-134, available at http://www.uscis.gov, which is sometimes used to help people get a visitor visa). You might also talk to a lawyer to see if there are any other options. Take care, Jason
Thanks a lot Jason for your reply to my query.
Hi Jason,
I filled my affirmative asylum in 2017. April 2023 I filed a mandamus and May 2023 my interview date has been scheduled for December 2023. Can that date be changed and brought earlier on? What can i do to make it be rescheduled for an earlier date? Can it even be done? Thank you for your time.
Normally, when you file a mandamus, you have a negotiation with the asylum office to agree on a schedule for the case. Maybe you or your lawyer agreed to the December date? I guess you can see whether it is possible to change that agreement. You can also just email the asylum office to ask – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi,
I’m applying for RTD based on asylum granted by judge. In the form, it asks about “Class of Admission” does anyone know what to answer on this question?
Thank you.
We normally put whatever status you had when you last entered the US. You also have to provide evidence of your asylum status when you file the I-131 (such as a the order granting asylum and the I-94), so they will know about that as well. Take care, Jason
However in NYC Most Immigration Judge appointed by Republican Administration have Higher percentage of Denial rate compared to Democrats Administration.
Thank you for sharing this data! My i485 based on asylum is still pending since March 2020. In July 2022 uscis asked to submit i693 which I did right away. They keep transferring the case between offices and finally landed at national benefits center in September 2022. Does anyone have similar experiences? Just wanted to know how long NBC takes to process i485? Thanks
Maybe someone else knows, as I am not sure – most cases we see take 2 or 2.5 years, and so it is longer than average. We do have cases that take 3+ years, and you can check the processing time at http://www.uscis.gov. If it is beyond the processing time, you can try calling USCIS at 800-375-5283 or making an online inquiry (there is a link under Resources called USCIS Help). Take care, Jason