As you probably know, asylum applicants often wait years for their interview or court hearing. Some cases get stronger with time, but most do not. Sometimes, country conditions improve or change in a way that makes it more difficult to win asylum. Other times, the asylum laws or regulations change in a way that is unfavorable. More commonly, the very fact that an applicant has been away from her home country for a long time makes it seem less likely that she will be harmed if she returns. The Immigration Judge or Asylum Officer will want to know why anyone back home would still remember you, let alone want to harm you, after so much time outside the country.
If you’ve been waiting for a long time for your Asylum Office interview or Immigration Court hearing, and you think your case has become weaker, what can you do?
Let’s start with a bit about the law. There are generally two paths to winning asylum. An applicant is eligible for asylum if he has suffered past persecution on account of his race, religion, nationality, political opinion or particular social group. In other words, if you’ve been harmed in the past, and that harm was severe enough to qualify as persecution, then you are eligible for asylum unless conditions in your country have improved such that it is now safe for you to return. This means that if you can demonstrate to the decision-maker that you were harmed in the past, you may be able to win asylum even if you have been away from your country for many years.
If you were persecuted in the past but country conditions have improved, you may still be able to win asylum on humanitarian grounds. There are two possibilities here. First, if the harm was severe enough, you might qualify for humanitarian asylum. In this case, we do not send a person back to a country where they faced a very severe harm, even if country conditions have become safe (think Tutsi victims of the Rwandan genocide or Jewish victims of the Holocaust). Second, where the person suffered past persecution but the harm was not severe enough to qualify for humanitarian asylum, the person might still qualify for asylum if he shows that he will suffer other serious harm. In that case, for people who have suffered past persecution, if they can demonstrate that they will suffer any type of severe harm in the future, even if that harm would not normally qualify for asylum protection, they can win asylum. Examples might include harm from criminals, generalized violence (such as a war) or even lack of medical care.
If you have not been persecuted in the past, you can still win asylum based on a well-founded fear of future persecution. To do that, you have to show that there is at least a 10% chance of harm if you return home. For people who have been away from their country for a long time, it may be more difficult to convince the Asylum Officer or judge that you still face a threat. Below are some ideas that might help in this situation.
Continuing Threats or Harm: In some cases, family members or friends back home continue to receive threats against the applicant or face threats or harm themselves. Get evidence about this, such as letters from people who know about it, copies of written threats or online threats, police reports, and medical reports. Submitting recent evidence of threats or harm will help demonstrate that the danger still exists if you were to return home.
Country Condition Evidence: If conditions in the home country have become more dangerous, it is important to submit evidence about that. This could include human rights reports, news reports, and travel warnings, or letters from people back home who are familiar with the situation. Also, if people similar to you have been threatened or harmed, get evidence showing what happened. In some cases, an expert witness–such as a professor, diplomat, journalist or other “expert” familiar with the situation–can write a report to support your claim for asylum.
Continuing Activities: If your asylum claim is based on your political, religious or other activities, and you are continuing those activities in the U.S., make sure to provide evidence about that. This might include photos at rallies or events, published articles, and posts on social media. Also, if you are active in relevant organizations, include evidence such as receipts, letters from the organization or ID cards.
New Reasons for Asylum: Sometimes, spending time outside your country will lead to new bases for an asylum claim. For example, the home government might view returning exiles as suspicious. If opposition party activists cannot engage in political activity at home, they may do so abroad, and so if you return home after a long absence, the ruling regime might assume that you are a member of an opposition party. In other cases, people who spend time in the U.S. might be viewed as “Westernized” or might be considered American spies, or they may be viewed as apostates or infidels. If any of these scenarios apply, try to get some evidence that returning residents face harm, for example, news articles about people who returned and were persecuted or expert witness reports.
General Updates: Finally, for older cases, you should provide evidence about what you have been doing in the U.S. during the long wait. This would include evidence of employment and education, marriage and children, volunteer work, health problems (which might make it more difficult or dangerous to return), and any other important life changes. In addition, don’t forget to update your I-589 form before your interview or court hearing.
Of course each case presents its own challenges, but for applicants who have been waiting years to present their asylum claim, it is important to think about how the passage of time has impacted your case. If you are prepared to explain–with evidence–why you still face danger in your home country, you will increase the likelihood of success, even if your case has been pending for many years.
Hello Jason
I filed asylum application in 2016 & my interview is in December ,during my stay in the US many issues and threats happened to the family & my father came to visit me and he wrote a statement about everything that we went through and he had it notarized here in the US I hope his statement will help ! and the country conditions deteriorated recently ,are they going to look at the country conditions as well ?
If you have any evidence, including about country conditions, you should submit it to the asylum office. I did a post on October 10, 2018 that might help with this. Do not assume that they will gather evidence for you, as they may not. Take care, Jason
Thank you Jason , so I have 5 evidences from 5 different incidents are they enough .the incidents occurred between 2015 -2016 + my fathers notarized statement.is this considered a strong case ?
There is no way for me to evaluate that, but if you have credible evidence about the major points of your case and you have updated country condition evidence, that is basically the best anyone can do. I wrote more about evidence on April 18, 2018 and maybe that would help. Take care, Jason
Hello Jason,
Thank you for your usual help.
I have a pending asylum case since 2017. I’m from Eritrea and I’m planning to visit my family in Germany. Is there any problem if I visit them with travel document? Is there any problem when I come back to US? Will it affect me during when I get the chance to interview?
Thanks,
Amen
It should be no problem, but if you are a pending asylum applicant, you have to use your passport to travel and then re-enter the US with Advance Parole. I wrote about that on September 11, 2017. In terms of using your passport, that could raise issues in the asylum case, and so you should be prepared to explain why you used a passport from a government that seeks to persecute you. I wrote something about this (for people who already have asylum) on May 25, 2022 and maybe that would help a bit. Take care, Jason
Hi Jason,
Thank you for a great article as always! A friend of mine is going to immigration court soon (asylum hearing) and he is wondering if he should get an interpreter. While he speaks English and has been employed by American corporations for years, he is not 100% fluent. Also, I feel like a good interpreter can use better words to explain what the immigrant is saying or better convey the meaning of the question asked by the Judge or a Persecutor. However, my friend shared with me that in his experience he has seen only really bad interpreters in courts whose English is worse than his. He is afraid a bad interpreter may decrease his chances of winning the asylum case 🙁
How does the process of getting an interpreter look like? Can you pick your interpreter or does it have to be a public interpreter provided by the court? Do the interpreters need any special certification that takes a long time to obtain? I.e. can a family or friend interpret for my friend so that he is confident in interpreter’s English skills?
What are your general thoughts on usefulness of an interpreter when someone already speaks English well but not fluently as a native speaker?
Thanks!
In my experience, a person’s English level goes down a bit in court because they are nervous and there is a lot of legal language being used. The interpreters are generally pretty good, and if you speak English, you will know when/if they make a mistake and can correct that (politely). Whether an interpreter is needed or helps or hurts a case is difficult to say, but if your friend is not confident in his English, it is best to have an interpreter. Some judges will let the person proceed in English, and have the interpreter there on stand by, but others will require that you use the interpreter for everything. Also, you cannot choose your interpreter, but if you attend your friend’s hearing, maybe you can listen and inform the lawyer if there is a problem and the lawyer can take action. Take care, Jason
Thanks Jason for your prompt and on point answer!
Dear Jason,
I am a US Citizen. I filed for my mother who is living in Africa. After more than 90 days of waiting to be scheduled for an interview, i filed an expedite request for my mother. May i know the certain timeline NVC takes to process expedite request?
Why my mother’s is delayed? When i can expect a reply from them?
I look forward to your timely reply
Many thanks.
I hope a reply.
I do not do a lot of consular work and so I do not know. It also may vary by country. NVC does have a public inquiry page (which is maybe where you made the expedite request) and you can try that (https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html). If there is no response after a few months (or however long you think is appropriate), you can try again. Maybe you also want to talk to a lawyer who does consular work to see if they can help to expedite. Take care, Jason
Hello Jason,
First of all, thank you for this blog, I have been following it for 5-6 years and it has been really helpful during my asylum journey. I applied for asylum in 2014 and finally it was approved in May last year. So, after the new rule was published, I did immediately apply for GC in March this year. So, now I have already more than one year with approved asylum. So, Can I apply to Travel Document and travel outside USA? Will it affect my i-485 application? Will the “one year of physical present in USA” reset when I entered to USA again? If I travel outside USA (other than my native country) I can have even a minimal possibility of been denied entering to USA, so there is any risk?
I am asking all this questions because my wife wants to meet their parents in a third country next year, but I am afraid of experiencing any type of difficulties when coming back to USA or putting in risk/delay our GC application.
I do really thank you in advance for any help you can provide us! Sincerely, JJ
If you have one year in the US, travel outside the US is no problem as long as you return for any appointments and before the RTD expires. Travel does not re-set the clock, and if you don’t return to your home country, I do not see how there is any risk. Take care, Jason
Hiii, everyone. I got a question.
Background
I was overstayed then i filed asylum i-589 with uscis. Fast forward waiting for interview i got married to us citizen. No interview yet. Our adjustment of status application is pending. Maybe in next 3 to 6 months i should receive green card interview since we r married for 2 yeats it will be 10 years green card.
I requested by writing a letter to uscis by usps postal service to asylum office my intention to withdraw asylum case since my i-130 and i-485 is concurrently filed and i ll receive green card that way on March 20 2023. Its been 3 months still no correspondence or letter or mail from uscis or asylum office if my asylum case is withdrawn. I can still check my asylum status application by uscis website by entering receipt number it says next step is interview.
What should i do now to withdraw my asylum case ? How long asylum office or uscis take to withdraw asylum case. Thanks plzz tell me god bless you all
You should not withdraw the case until you have the GC in your hand. If you do, you could be referred to Immigration Court, which will cause a lot of delay and potential expense. Once you have the GC, you can try again to withdraw. I wrote about withdrawing the application on December 7, 2022 if you would like more info. Take care, Jason
Hello Jason,
I have a pending application with USCIS and did a change of address online (I did not get an email confirmation that I did the change or that the change of address is in process. Or any source of confirmation. I was wondering if I should do anything else.
Thanks
You should get a confirmation immediately after it is submitted online and also an email confirmation. Maybe do it again to see – the form is the AR-11 available at http://www.usics.gov (if you have a case in Immigration Court, it is a different form and a different procedure). Take care, Jason
Can i go pass thru border patrol checkpoint by just asylum receipt and stamped biometrics notice. I have pending asylum but im undocumented but my receipt from uscis say you may remain in usa while asylum is pending. Thanks. I dont have ead yet
Hi Fernando,
are you inside or outside of U.S. ???
Probably not – you need Advance Parole + a passport in order to travel and then return to the US. I wrote about AP on September 11, 2017. Take care, Jason
I just want to ask a question,
From an asylum seeker’s/ (or even asylee’s perspective), what kind of president/administration is the best ?
I am very concerned that the current administration’s recent friendliness to some countries, sending Blinken to visit such. I am concerned that now the administration will view asylum seekers from that particular country less favorably…
Now, I cannot help wonder, what would be an ideal administration. My ideal is that I want the government to not only grant asylums, but also punish persecutors. I think only in this way, we can fulfill our humanitarian obligation without creating an immigration crisis. Right now, the punitive prong is not fulfilled, by only granting asylum and NOT punishing persecutors, a country will only invites increasing number of asylum applications and cause a humanitarian crisis.
Right now, the Democrats/B*den only fulfills the immigrant-friendly prong but has a lackluster showing of punishing persecutors. I get it that, after Ukraine/Russia war, the administration doesn’t want to get involved in another conflict with a major power. It makes sense, but it’s a setback for people who flee from those countries. I am just concerned that the appeasement will be longer than I want it to be…
The Republican side/Tr*mp & D*Santis, even though they rhetorically are harsh on certain adversaries, but they don’t seem to know how to build alliances to counter those adversaries. In Tr*mp’s administration, he alienated our allies and emboldened bad actors in the world. And they are very, very…harsh on asylum seekers and certain groups.
I guess I just answered my own question to some extent, I guess in the comparison of currently available options, it seems Democrats/B*den are still the preferable choice for asylum seekers.
However, is it too much to ask for a leader who is both humane and friendly to asylum seekers and refugees, but tough and harsh on foreign persecutors. Can asylum seeker-friendliness and hawkish foreign policy coexist in the same President ?
I do not know how we would go about punishing persecutors. It is very difficult to meet even minimal evidentiary standards when the bad guys and most of the evidence is in another country. There are examples of the US sanctioning certain bad actors, and of course, there is interpol. There are also civil lawsuits, which – on rare occasions – can be used against bad foreign actors. But I think we are limited by borders and by the need to obtain evidence before punishing anyone. Take care, Jason
Thanks Jason for weighing 🙂
I agree mostly. I guess this illustrates a unique weakness of democracy when compared to bad actors. Because we have to go through the due process and maintain a moral ground, but the bad actors…they keep refreshing new lows…so…I am just a little concerned whether we can beat them in a direct, head-to-head matchup. Basically, there are no rules for our adversaries, they are free to do anything. But that’s for another day. I will do what I can to expose and at least not let foreign adversary’s voice dominate the narrative…
As a democracy (a very imperfect democracy), we have defeated many of our enemies, and so I do not know how much of a limiting factor that is, but I get your point. Take care, Jason
Dear Jason,
I hope this email fins you well. I am Syrian who is currently in removal proceedings. My hearing date was Feb 2021, but it got rescheduled to Jun,26/2023 like a month ago with a different judge.
So when my frist hearing date was canceled with no rescheduled date given, my company sponsored my through the PERM process and my perm got certified just today (a week prior to the hearing date). Now i have to apply to I-140 and I-485, so i am going to have to terminate my asylum case and travel and reenter using my advanced parole that i got through my TPS.
1. Can i simply apply for a motion to terminate my case?
2. Do i still have to show up on Monday to my hearing date? I am afraid that if i do so, it would complicate my immigration petition process.
Thank you in advance
1 – Normally, you contact DHS and see whether they will agree. They often do, but I have had at least one Syrian case where they refused to terminate even though the person is eligible to adjust status based on marriage and also has TPS. In his case, he lied on a visa application about military service, and so I suspect that is the issue (though I do not know for sure, since they refuse to tell us). If you do not have complicating factors, DHS will hopefully agree to terminate. You can find their contact info if you follow the link under Resources called DHS Office of the Chief Counsel. 2 – Unless the case is canceled, you have to show up. If you fail to appear, you will be ordered deported, and this will make it much more difficult or impossible to get the GC based on the I-140. Sometimes, they will agree to dismiss the case on the same day as the hearing, if they do not agree to do that beforehand. Hopefully, you have a lawyer to contact DHS and help with this part of the process, but if not, you should reach out to DHS and see whether they will agree to dismiss your case. Take care, Jason
Sir i have ead based on asylum pending filed with uscis. I dont have my countrys passport it ead expired and lost before i entered usa. I cant renew or get new passport from my home country. My home country doesnt allow that asylees to get passport plus my case will automatically fail. Plus i also dont have birth certificate. Same cant get it from my back home without passport or without visiting my country and if i do get it will be in my native language not english.
I have ead and my countrys national id. I went to ssn office to apply ssn . They refused and asked me to get passport and birth ceritificate. I cant get both of them. Can i still be issued ssn or i wont ever be issued ssn. Can i talk to ssn office supervisor maybe they can help. Is EAD enough to get ssn if no documents i have
The EAD should be enough to get an SSN, so I do not know why they refused to issue it. When you fill the I-765 form, it allows you to request an SSN, which is sent to you by mail, but it sounds like you did not do that, or you applied for the EAD before the SSN section was added to the form (a few years ago). I would try again and bring all your IDs, including expired IDs. If documents are not in English, get a translation. If they still refuse, try to talk with a supervisor, as you should be eligible for the SSN. Take care, Jason
Hello sir
My asylum was approved in April 2023 when i can apply for green cars is there any new rule dont need to wait one year
There is a new rule, but it is not entirely clear. I have been recommending to my clients that they wait 6 months to apply, but you can apply at anytime, as long as you think that you will have 1 complete year inside the US before USCIS decides your case. I wrote about this in detail on February 8, 2023. Take care, Jason
Hi Jason, the Uscis website processing times for I-485 based on a grant of Asylum over a year ago is now 29.5 months. You are no longer able to chose a service center processing your case, instead it is now only saying All field offices. There is also an alert below that is now saying something to the effect of all applications pending at a service center prior to September 28, 2020 can file a e-request of call Uscis for info about their cases. My application has been pending at TSC with no action since application was accepted August 2020. I am well over the current posted processing times, yet when I try to file an inquiry it is saying I am within the processing times. Can you give me feedback on what’s the best action to take if I’m pending almost 3 years (30+) months which is more that the current posted processing times? Thank you 🙏🏼
You can try to call about this (800-375-5283), though it is difficult to reach a person. You might also make an inquiry with the USCIS Ombudsman – a link is under Resources. That office sometimes helps with delayed cases. Take care, Jason
Hello Jason! I am applying for a refugee travel document based on a granted asylum. In part 1, Box 6 what should be the “class admission”? The type of visa/status that I was admitted with in the USA, or it should be something else.
We put the status that you had when you were last admitted into the US, but I think you could also put asylum, since that is your status now. Either way, we include with the application proof of your asylum status (approval notice, I-94) and proof of your entry (passport, US visa, I-94 from entry). Take care, Jason
Bharat here sir, I want to know i filed asylum after 3 years in usa. Now my asylum clock is complete 180 days. Can i go ahead apply work permit. Will my work permit be denied based on asylum filed in uscis due to one year deadline late bar. Also do i need asap membership someone told me to get it then only i will recieve work permit because im late in filing asylum by 3 years. Im barred from asylum
You should be able to get the work permit normally. You do not need ASAP membership, though we are still including that in most of our applications. Whether it helps in any way, I do not know, but it does not hurt. Take care, Jason
I changed asylum offices from SF office to Arlington office . How long will it take for new asylum office to receive my asylum file. I want to try expedite my interview . I changed address after moving 10 days ago. I emailed Arlington court. They dont have my file yet. How long will sf office take to transfer my asylum case file yo Arlington asylum office
Thanks
C. Otieno
Asylum seeker
I do not think they physically move the file. I think it is in storage somewhere and they bring it to the office when the interview is scheduled, and so I think you can try to expedite whenever you want. Take care, Jason
Hi Jason
Can you let us know the ones who have been waiting for an interview to be processed how long before we can take advantage of the dignity act 2023? Is it going to help us? Or do you know if there is a rule that is going to help us in the future. Waiting for
An interview since 2017 and nothing has changed. The status online has changed to next step is an interview since 2020.
The dignity act is not going to pass. Stop daydreaming
The Dignity Act is just a proposal. Unless it becomes law, it does not help anyone, and these things tend not to become laws. If it actually manages to become a law, I will certainly write about it, as will every other immigration attorney in the country. Take care, Jason
There are some signs that B*den administration is trying to become soft on certain countries, sending Bill Gates and Blinken to visit. Should asylum seekers from those countries worry that they may become some sort of political pawn that the U.S. could use to show friendliness to some countries who they want to establish good relationship with ? (i.e. the U.S. may repatriate those asylum seekers and deny their asylum requests ?)
I do not see how that is a realistic worry. In the 1980s, maybe, when the State Department had a greater say in asylum cases, but today, that is not the case. Take care, Jason
Thanks Jason for weighing in 🙂
That’s a good historical perspective.
Hi Jason,
My asylum was granted and i have applied for I-730 for my wife ( She’s already in US with pending asylum at USCIS). My question is how long usually takes for i-730 to process? I checked online processing times which says around 14 months but realistically how long if you are aware.
Does she also has to wait for one year to apply for green card after i730 approval?
Please let me know.
Thanks
We see cases take 2 years or more, but they have recently changed the process to try to make it faster. Whether that affects your case, I do not know, but I am guessing it will not help people with pending cases (I have my doubts it will help people with new cases either, but hopefully, it will). Once she gets the asylum status, she can file sooner than one year under a new rule – I wrote about that on February 8, 2023. Also, remember that you should not apply for your citizenship until she gets her GC; otherwise, it will dramatically slow down her process and cause a lot of annoyance (she will lose her ability to apply for a GC and will need to file a nunc pro tunc asylum application to correct the problem). Take care, Jason
Hi Jason
I filed I730 for my spouse around November 2021 who is in the US in valid status. The application was pending in Nebraska and the average time shows 13 months. So, it allowed me to file case outside processing window request.
Once I submitted that request, I got a response from the local USCIS office that my case is processing in normal time window and referred me to same website where it shows 13 months and they will contact when they get to it.
So my question is, from your experience, how long are I730 taking in Nebraska? Also, the case status hasn’t updated since 2021 acceptance but since I got the email from local USCIS office, does it mean my case has been transferred from Nebraska to local office and I should hear soon?
I-730 petitions seem to be very slow – maybe 2 years for longer for people in the US. However, if the case processing times indicates 13 months, and you made an inquiry, you might also inquire through the USCIS Ombudsman (a link is under Resources). They sometimes help with delayed cases. USCIS is changing the process for I-730s because (I presume) they recognize the problem, but I think that is only for new cases. In terms of whether or where the case was transferred, I do not know about that, and I don’t pay much attention to those types of messages, as I have little confidence that they give any useful information. Also, remember that you should not apply for your citizenship until she gets her GC; otherwise, it will dramatically slow down her process and cause a lot of annoyance (she will lose her ability to apply for a GC and will need to file a nunc pro tunc asylum application to correct the problem). Take care, Jason
Hi Jason, I need to know which medical documents do I need to submit for my i485 application for granted asylum? Do I need to tell my doctor and he know already what I need or uscis have some kind of list I need to know.
Don’t know about this process plz navigate me if you can.
Many Thanks!
The doctor needs to fill form I-693, available at http://www.uscis.gov. You must use a doctor that appears on the USCIS list (so unless your doctor appears on the list, you will need to use a different doctor) and you can access the link at the I-693 web page. Take care, Jason
Hi mr jason . My 2015 asylum case was opened. April 2023 was accepted. I got approval. I had a real marriage here. They approved my marriage file in September 2022. Now which one should I file for a green card? I entered the country without a visa. thanks jason
The marriage case is a bit more expensive because you have to pay for the I-130, but otherwise, the marriage case will probably go faster, assuming your spouse is a US citizen and you are eligible for the GC. Also, if you are married to a US citizen, you can get your own citizenship 3 years after getting the GC, which will probably be faster than citizenship based on asylum. Take care, Jason
If I get the green card from marriage, will it be a problem to travel to my country?
If you had an asylum case and get a GC from marriage, the old asylum case is not erased. If the trip causes the US government to think that the original asylum case was fake, it could create problems for you, so you should be prepared to explain why you returned and how you stayed safe. I wrote more about this issue on January 6, 2016. Take care, Jason
Hi Jason, I’m seeking asylum, and I’m wondering what the issue date is on the received green card?
I’m confused, because I’ve been looking at the US Code, and it says that the issue date is the date of arrival into the United States, which I wonder if that’s really the case?
Thanks in advance!
If you get a GC based on asylum, the GC is supposed to be back-dated one year. So if you got it today, it would list June 15, 2022. However, USCIS sometimes makes mistakes (shocking, I know) and forgets to back-date the card. Anyway, that is what is supposed to happen and does happen in most cases. Take care, Jason
Uscis says there no record of me attending biometrics and my asylum clock is stopped but i attended biometrics and also i have stamped biometrics notice as proof what should i do
Contact the Asylum Office or Immigration Court (wherever your case is pending) and inform them with copies of relevant documents, and ask them to start the clock. You can find links to both agencies under Resources. Take care, Jason
Sir im in similar situation. I had my biometrics jut i think they didnt upload it in thier system and also they stamped my biometrics notice wrong and didnt do his signature their. I appliee worl permit was denied and they said clock stoppee. Now imma submit this biometrics notice as proof and also include a broef why its uscis related fault not me. The case is with asylum officie.
I want to know if they restart the clock will it start from 0 days or i will be allowed to file work permit and not wait 5 months more bcuz its uscis related delay not applicant me related delay thanks
You would have to email the asylum office to see whether they can answer this question. Hopefully, since it was their fault, they will retroactively start the clock so you can apply for the work permit now. That sometimes happens, and other times, the clock re-starts and you have to wait for it to reach 150 days. You can find the email address for them if you follow the link under Resources called Asylum Office Locator. Take care, Jason
What happens if I work as a sole proprietor and don’t file for work permit renewal for a long time because I’m a 1099 contractor?
I do not know, but if you have asylum, you can work without a work permit. If you have some other status, it could potentially cause immigration or tax issues. I would talk to a lawyer to know for sure. Take care, Jason
Hello Mr.Jason
Hello to everyone here .
Please,if anyone can help,how to speak with Uscis officer by phone.
When I call uscis,I say info pass,but don’t work .
Supposedly, you can try Info Pass and then give an incorrect receipt number, and somehow get to an agent. I have not tried it, but I heard about it. Otherwise, I think it is just a question of keep trying, which is very time consuming and annoying. Take care, Jason
Good Morning Jason,
My Asylum case is 11 years old. It was a tough individual hearing which was in April this year i had also applied for Cancelation of removal, The judge asked me to come back for a decision Mid June. All of a sudden my hearing date was removed from the calendar and my attorney received a call from the court stating they are going to mail the decision. My EAD is coming up for a renewal and i don’t have any proof. Previously i used to apply EAD renewal application with Notice to appear as a proof of pending asylum. Now i don’t have any proof to send. What do i do in this scenario.
You can include the online notice that the case is pending but that there is no date scheduled – you can find that if you follow the link under Resources called EOIR Case status. Take care, Jason
Thanks a Million
Dear Sir,
I filed my asylum application in February 2017. at that time i was residing in NY. Later on I got married to a US citizen and we moved in to Fort Woth, Texas. I did a Change of Address. recently i was granted my conditional Green card. Now I do not have to pursue my asylum application. so What should i do with my asylum application?
Thank you very much
You can withdraw it – I wrote a post about withdrawing explaining how to do it. That was on December 7, 2022. Take care, Jason
Hi Jason, my friend applied for asylum back in 2015, but no interview is scheduled. When he applied for his asylum in 2015 he submitted all his documents including his affidavits. Now he forgets most of the incidents and almost all of his fear of persecution he mentioned during that time is no more available. But, Now he still has some other form of fear of persecution. Question: Can he completely change his case before the interview date? including some basic information on I-589, such as Tribe and religion. Will the asylum officer ask him about the previous case? Thank you
He cannot erase the prior case, but if the initial reason for seeking asylum has become less of a problem and he has a new reason, certainly he can include evidence and an updated affidavit to show he still has a fear of return (based on a different reason). Regardless, they will ask him about the original reasons, and so he should be prepared to discuss those and explain how things have changed and why he has a new fear of return. He should prepare everything so he is ready if called for an interview, but I would wait to submit it until the interview is scheduled. Remember that once they call him for the interview, he will only have a short time (a few weeks usually) to submit updated evidence and get ready, so it would probably be wise to prepare now, so he can submit the new evidence when the time comes. Also, since this sounds like a major change, he might want to talk to a lawyer about how to effectively present the new info. Take care, Jason
Hello jason,
I got RFE to submit medical i-693 on May 23rd and i sent it and the status of my case changed to USCIS Received your requested evidence on May 31st so now it’s been 15 days since they received my medicals and still no decision yet and I’m running out of patience so what can i do?! I see everyone applied 4-6 months ago for i-485 based on asylum got approved while it’s been 10 months for me and they sent me rfe but no reply it so please what’s your advice ? I’m tired of waiting and it effects me emotionally
I think it is just a matter of time and unless you have real problems with the case (like criminal convictions), you should be not worried about a denial. We are seeing many I-485 forms for asylees take 2+ years, but usually after the person submits the medical, they get a decision in a month or two. I do not think there is anything you can do that will be effective, but if you have a reason to expedite, you can try that (I wrote about expediting on January 29, 2020). Hopefully, you will just get the GC soon. Take care, Jason
Thanks jason and no i have no criminal history at all not even one speed ticket! Hopefully i hear soon from them cause i got tired of waiting i swear it’s a long journey!
I don’t blame you, but it sounds like the hardest part is already done and now it’s just a question of time. Hopefully it will be soon. Take care, Jason
Sir i have 2 questions one for me and one for my room mate both asylum seekers.
My question how long will bia appeal take. Its been a year since i filed bia appeal after denial of my asylum by Immigration Judge. How long bia appeal takes
2nd question. My room mate applied asylum and its 150 days does he apply work permit now or wait 180 days . I heard lot of denials are coming if asylum is applied after 150 days not 180 days.
1 – Most BIA appeals take 1 to 2 years, but it could be faster or slower; they are not very predictable. 2 – If 150 days have passed and he has not done anything to delay his asylum case, he should be eligible to apply for the EAD now. I have not seen or heard about any denials and we frequently file for people after 150 days and have had no denials. Take care, Jason
Hi Jason,
I have a pending asylum case for over 6 years and also, in the EB2 PERM process through my employer.
If I expedite my asylum case through mandamus lawsuit, will it affect my EB2 case? I am not very optimistic on the EB2 case since some say AOS is impossible and i will need to go through the counselor process. I am not sure what is best to do at this point. Thank you!
For the EB2, it depends on many factors, but it is not easy to get a GC that way if your status has expired. I wrote about this issue on August 28, 2018 and September 6, 2018 and maybe those would help. Also, you might ask your lawyer about INA 245(k), which is discussed a bit in the first article (245(k) allows some asylees to get their GC without leaving the US, but it is tricky). I do not see why a mandamus case for the asylum would affect the EB2 case, but if asylum is denied, that may make it more difficult to get a GC based on EB2. Take care, Jason
Hello Sir, is change of immigration court possible in my situation.
I lived in la my asylum was in Lo Angeles asylum office then i moved to indiana. And my asylum office changed to chicago where i was denied asylum. Then in immigration court since idniana doesnt have court. I was in chicago immigration court. Already did master hearing. And final hearing is set for Sept 2023. In around 3 months. But i moved to Washington state ( Seattle) can i ask for motion to change venue and will i be granted that motion or will be denied due to just 3 months left.
Also sir if allowed to change courts. Will this result in new master hearing or just final hearing
If you want to change venue, you should request that as soon as possible. Most judges would probably agree to move the case, but some will not, and the closer you are to the hearing date, the less likely they are to move the case. If the case is moved, it could result in a Master Hearing or an Individual Hearing, as different judges have different practices. Take care, Jason