The Executive Office for Immigration Review (EOIR), the organization that oversees our nation’s Immigration Courts, has released new data about asylum grant rates by country of origin. While EOIR deserves credit for trying to be more transparent, it is difficult to know what to make of these numbers. They are confusing, poorly organized, and–for lack of a better word–strange.
Here, we’ll take a look at the data and try to parse some meaning from EOIR’s madness.
Let’s start with the basics. EOIR has released information about asylum decisions in Immigration Court. The data is broken down by country of origin, and so if you are an asylum seeker, you can find your country and see how your fellow nationals are doing in court. The data is recent and covers the period from October 1, 2022 (the beginning of the fiscal year) to April 21, 2023. This begs the first of many questions: Why did EOIR release this data now, rather than, say, wait until the end of the fiscal year? They do not tell us, but given that the agency has released very little data over the last half decade, maybe we should just be grateful that they are finally publishing some information.
For each country, EOIR has provided several data points: The number of asylum cases granted, the percentage of cases granted, the number of asylum denials, the percentage of cases denied, and a category called “Other,” which includes cases where a decision was made, but where asylum was neither granted nor denied.
The “Granted” and “Denied” categories are self-explanatory, but the “Other” category is confusing. According to EOIR, it includes, “a decision of abandonment, grant WCAT, not adjudicated, other, or withdrawn.” WCAT is Withholding of Removal pursuant to the United Nations Convention Against Torture. My questions about the “Other” category include: Why did EOIR include such a wide variety of outcomes in one category? Why didn’t they include DCAT (Deferral of Removal under the CAT)? Why did they include “other” in the “Other” category and what does “other” include? The fact that EOIR has bunched so many disparate outcomes into one category is strange, and it renders that category essentially useless for purposes of helping us understand what is happening in Immigration Court.
Another strange aspect of the data is that it uses an asterisk (*) instead of a zero (0) in the different categories. So for example, for Canada, there were no asylum cases in court, and so instead of putting 0, they write *. I have no idea why EOIR has done this, but it gets even stranger since the asterisk does not always mean zero. For some countries, EOIR lists the number of cases granted, but instead of also listing the percentage of cases granted, they put an asterisk. So for example, for Yemen, there were 14 cases granted and 25 cases where the outcome is “Other” (whatever that means). You would expect this to correspond to 36% of cases granted and 64% of cases with outcome “Other.” But instead of listing these percentages, EOIR only provides an asterisk. Why this should be, I have no idea.
Another aspect of the data set that I find strange involves the list of countries. Looking over the list, one “country” is the Heard and McDonald Islands. But this is not a country at all. It is a small archipelago owned by Australia and located in the south Pacific (the closest landmass is Antarctica). It is uninhabited except for scientists who visit periodically for research purposes. Not surprisingly, there are no asylum cases from the Heard and McDonald Islands. I wonder why EOIR has included these islands on the list of countries. Is this a joke? Maybe. But I have to say that I do not think it is very funny. As an agency, EOIR is a disaster. More than two million people are waiting for their cases to be adjudicated, and cases are constantly being re-arranged and canceled, seemingly at random. Maybe EOIR should focus more on resolving their many problems rather than disrespecting asylum seekers by planting inside jokes in their data.
One final strange item (and I am pretty sure there are others) is Scandinavia. I see that there were 462 asylum cases from Norway and that 293 (63%) were granted. What? Why are so many people seeking asylum from Norway? Frankly, I do not believe that this number is accurate. Also, there were (supposedly) 38 asylum cases from Sweden and 18 (47%) were granted. Denmark and Finland are not even listed as countries.
Leaving aside all the unusual aspects of these statistics, let’s discuss the value of this information. Of course, you can look at your country to see how your fellow nationals have been doing in Immigration Court during the past several months. But I would argue that this is of little value. First, I have real doubts about the validity of the data (see, e.g., Norway). Indeed, during the Trump Administration, TRAC Immigration, a non-profit organization that monitors EOIR, concluded that “data updated through April 2020… on asylum and other applications for relief to the Immigration Courts are too unreliable to be meaningful.” It seems that little has changed in this regard under President Biden. Second, even if the data is accurate, there is still too much that we do not know. For example, it is very difficult to win asylum from El Salvador (10%), but if you are a transgender asylum seeker from El Salvador, the grant rate is much higher. And so without more information, the raw approval rate for a given country may not accurately reflect the likelihood of success in a specific case. Also, asylum grant rates vary by judge, and this must be considered when thinking about the odds for success in a particular case.
In the end, EOIR’s data leaves us with more questions than answers. I would not go so far as to say that the information is completely useless, but if you are looking for clues about the likelihood for success in your case, this data is of very limited value. I would not lose hope if your country has a low grant rate, and I would not feel overconfident if your country has a high grant rate. Either way, it is important to gather evidence, address legal issues, and prepare the strongest case possible. That is the best way to increase the odds of a positive outcome, regardless of what EOIR’s data suggests.
[…] Immigration Review–the office that oversees our nation’s Immigration Courts–is notoriously unreliable. Nevertheless, we have to use what’s available. In that spirit, let’s take a look at […]
Thank You Jason for always taking your time to explain
I submitted my i-765 application based on pending asylum (initial ) on july 25th 2023 Tuesday by mail with usps to lockbox in texas. How long can i expect to wait to be issued receipt. How long are receipts for work permits based on asylum taking these days thanks
Receipts take maybe 2 or 3 weeks. Cases should be processed in 30 days, but we often see them take longer – maybe 2 months or sometimes even longer than that. Take care, Jason
Hello Jason,
I received the green card through asylum. However, I got asylum approval from immigration court on August 15th 2021. But my green card is showing August 2nd 2022. Why my gc is not showing the year I got the asylum approval?
Many Thanks
Sam
It sounds like you got the GC faster than most people, so that is good. Once you get the GC, it is back-dated one year, so if USCIS approved it on August 2, 2023, it should be dated August 2, 2022. It is not dated from the time asylum is approved. You can apply for citizenship one year and nine months after the date on the card, assuming you meet all other requirements. Take care, Jason
Good Morning Mr Jason,
Hope that everything is well. I was same concern about the date on GC, I thought it was the date that you are granted asylum should be on GC( as I-94 granted), anyway thank you for your clarification.
For citizenship I think it should be 4 years 9 months after the date on GC, if it isn’t mistake.
Thank you so much again for supporting asylum community.
Both those statements are correct, though there are other requirements to get citizenship and sometimes USCIS “forgets” to back-date the GC. But otherwise, that is correct. Take care, Jason
Good Afternoon Mr Jason,
Hope that everything is well, please Mr Jason, regarding application of GC, do I need to wait for USCIS to send me invitation to open account online after pending GC application. Or I can open it right away without invitation. Thank you so much
You can open an account at the http://www.uscis.gov website. If you have receipts for pending cases, you can then add them to the online account. Take care, Jason
Hello Jason,
Thank you very much, for your response. May I know ,what are all other requirements I have to meet to apply citizenship, please let me know.
Manny thanks
Sam
You have to check the N-400 form web page at http://www.uscis.gov. They have a list of requirements, but it depends mostly on spending enough time in the US (if you spent more than 50% of your time outside the US, you are probably not eligible to naturalize) and not having absences from the US longer than 6 month; also, no criminal issues. Take care, Jason
Hi Jason
I wanted to ask if there is a situation where we need to withdraw our case for family reasons and travel outside USA and not come back what do we do in this case.
Please can you advise do we need to withdraw our case or can we just move out. What are the documents the airport will ask us when we are moving out of the country.
Please help
For most people, I recommend that they leave the US and then request to withdraw the pending asylum case. I wrote about the process and how it works on December 7, 2022 – that article should help. Take care, Jason
Hello Mr Jason
Hope that everything is well. Please quick question. Usually what date USCIS will put on the asylee green card?
1- Is it the date of granted asylum or
2- day they will finish processing green card application.
Thank you so much for all your support.
Good Morning Mr Jason,
Regarding my questions I have to be more explicitly clear.
Granted asylum in April 2022
Apply GC in June 2023 so far since June it showed fingerprints were updated.
I read that GC processing could take 2 years over.
Now on the GC is it the date of your granted asylum will be on or date USCIS will finish processing your application( 2025 over).
Thank you for supporting us. Have a blessed day
Hi- Jason will respond soon. When your green card is approved, USCIS should backdate your green card by one year. So, for example, if your green card was approved today, August 2, 2023, your “resident since” date should be August 2, 2022. Essentially, they are giving you back the 1 year you waited as an asylee before you were eligible to file your I-458 application. This means that you’d be able to file your N-400 application (citizenship application) 5 years (or 4 years and 9 months because of the 90-day policy) after the date on on your GC.
Thank you so much Jamie. I really appreciate you 🙏
Thank you so much Jamie. I really appreciate you 🙏
I always feel better when we have the same answer. Take care, Jason
Such applications often take 2+ years, but we do sometimes see cases move much more quickly (6 months), so maybe you will be lucky. I think I talked about the date already in response to the prior post. Take care, Jason
After waiting for more 6 years for an interview, today I filed Writ of Madamus! Now US governemnet has 60 days to response. I tried everything, but nothing worked for me. I will keep you guys posted if Mandamus works for me!
Good job! Hope you get a positive outcome
Good luck – it seems to be the only way to get an interview these days. Take care, Jason
It is the date that they approved the GC, but it should be back-dated one year. And so if you get such a GC today, it should be dated August 2, 2022. We have seen several cases where USCIS forgets to back-date the GC, which is annoying and not easy to fix, but hopefully that problem is rare. Take care, Jason
hello jason,
USCIS received my RFE response on May 29th,2023 and it was the medical report but since then no news and i did service request earlier and still no news as today i chatted with live agent and that’s what she told me :
Form I485 Application to Register Permanent Residence or Adjust Status is currently processing at the NATIONAL BENEFITS CENTER. The latest update on Form I485 Application to Register Permanent Residence or Adjust Status was on date 06-22-2023 the assigned officer was reviewing your case. A service request was submitted on date 07/17/2023 for Form I485 Application to Register Permanent Residence or Adjust Status. Please allow the USCIS office 30 business days to respond to your request.
my concern is if the officer reviewed my case on June 22 so why he/she didn’t give me a decision why that wait until now? I’m stressing out.
There is no time frame for I-485 decisions after you submit the medical exam, and so I think the delay is not a bad sign. In the past, we would submit the medical (after USCIS requested it) and get a decision pretty quickly – maybe a month or two. But lately, USCIS has been requesting the medical exams for all my cases, and I do not expect to get fast decisions in them all. Maybe this is a change of policy, or maybe it is just a coincidence. In any event, the fact that they requested the exam shows that something is happening, and if there is no news soon, you can follow up again if you want. Take care, Jason
how come no time frame after RFE when USCIS says if 60 days pass and no decision yet then you can do inquiry??? any explanations? uscis have to update you. i talked with USCIS agent today and told me your case is considered out of processing time cause it passed 60 days and no decision!!!! me myself have 2 friends got approvals after RFE was received by USCIS one got approved after 1 week and the other after 64 days !!! and that happened last JULY so I’m sure RFE sent means your case is actively reviewed but not to just collect RFE’s and keep the cases closed again.
messages from official USCIS AGENTS:
1st:
The outside processing time was filed 07/17/2023 SR1.xxxxxxxx.MSC which carries a 30day response.
2nd: Please wait at least 60 days after responding to a Request for Evidence (R F E) to receive further information from U S C I S about your case. It has not quite been 6 0 days since the R F E was received. Thank you for contacting the U.S.C.I.S. Contact Center. Have a great rest of your day!
…………………………………………………………………………………………………………..
so USCIS itself saying you should receive decision after 60 days from the day they received the RFE so i guess it’s not normal to wait for months!! is that happening? yes it happens but that’s delay from them and not consider normal processing time.
Sorry, maybe I was not clear. I think there is no way to predict the time, but USCIS may give people a time frame. Their time frames often mean that 80% of cases are processed within the given time frame (though I am not sure the 80% figure applies to RFE responses). Hopefully, USCIS is improving their time frame, but from my perspective, everything seems very unpredictable and the processing times are often not very accurate. Take care, Jason
thanks for the clarification jason,
so i keep doing my best full attacking USCIS like i did e-request 14 days ago and will do another one soon once i get no answer in 30 days / congressman will send them inquiry / i did also expedite request yesterday cause i have a medical condition and that waiting is hurting my health in a bad way and i got proof on that but in case nothing works until Mid of September can i sue them through your office Jason ? do you offer the Rit of mandamus yet ? i swear that USCIS made me having hate towards everything in this country! they destroyed me emotionally by their endless wait times to issue a decision on a straight forward case!
We do not do mandamus cases at this time, sorry. We are just too busy to incorporate that into our practice, but we keep thinking about it, since almost everything is delayed. USCIS should expand the use of premium processing, which would allow people to pay extra to get the GC (or other benefits) sooner. That would be cheaper than a mandamus and the agency could use the money to improve its services. Of course, it would be better if Congress would just allocate some of the billions in taxes that immigrants contribute towards making USCIS work, but that seems unlikely, and so USCIS needs to think of creative solutions to its problems. Take care, Jason
hey Jason
Thanks again for your informations they arer so helpfull, in a asylum seeker and my Daugther needs to apply for college , she said they need proof of legal residence . what am suppose to give her ? The ssn is not enough ? Can she apply for scholarship ?
I think you need to ask the college exactly what they need, but asylum seekers should have an SSN and a state ID. What else they would need, I do not know. Take care, Jason
Hi, I helped the daughter of a friend apply for college under the same circumstances. This is a complicated process so if she has a counselor and/or a friend who is willing to dig into this and help, that will be invaluable. To prove residence, we provided V’s driver’s license and EAD. A state ID would also serve.
First, there is hope for scholarships but it won’t be easy. V got a full scholarship to a very good college and will be a junior this year. We spent months on her college applications. She was an honor student in high school and had a high grade point average (GPA).
Your daughter is NOT eligible to fill out the FAFSA. That’s the Federal student aid form that colleges use. Many high school counselors do not know this so you need to be very clear with them. They usually have no understanding of the pending asylum process and what that means for your daughter.
First explore the 2-year Community Colleges in your state. These are excellent lower-cost schools to start college. Then look at your state universities. They often work with the community colleges to make the transition easy.
Depending on which state you live in, your daughter may not be eligible to pay in-state tuition and may have to apply as an international student and pay much higher tuition. That was the situation with V.
I researched the top private universities in the country with large endowments (money to give away). We also looked for need-blind admission policies (they don’t consider the student’s need for help paying for college, only thei qualifications). V applied to 11 schools using the Common Application also called the Common App, an online application form used by many colleges and universities. There we entered all her mother’s financial information, her application and the essays required by each school. Her counselors and references entered their recommendations on the Common App too. This process took months to complete and you need to have applications in by the deadlines set by the colleges. No fees to apply since her mom didn’t make much money.
She also applied for a private scholarship funded by a local doctor and applied to the schools he would pay for. She was granted this scholarship but didn’t need it in the end. Research what’s available locally.
While she was applying, many of the colleges decided not to require the SAT or ACT scores. These are timed tests taken in the junior and senior years of high school designed to measure a student’s readiness for college. Since V had only been speaking English for 4 years, her reading speed was a disadvantage. She did very well on the scores when she had extra time but not as well when she didn’t. We decided not to submit her scores since they were not required. She had a very good record in high school, was in the National Honor Society, had good extracurricular activities and good college essays.
She was admitted to 2 colleges and offered scholarships at both, a full scholarship including room and board to one, and a partial scholarship to the other. If she had not had these opportunities, she would have come to live with me, worked and attended community college and then state university.
Don’t give up. Do the research, get help, and try. There’s a path to college for your daughter, just not an easy one.
Hello;
thank you for your work and commitment to Asylum community.
i would like to know; after the interview how long do we have to wait for an answer? i was interviewed on September 2022 and they told me that my case is still pending, i seek help from a congressman and USCIS said they were doing background check and security check. and that what causes delay on the answer, do you know how long it takes for those steps?
Such delays are very common. They can be months or years. Probably the majority of cases are decided within a year, but I am not sure about that. I wrote about ideas to move things along on June 2, 2021 and maybe that would help (though it sounds like you are already trying the main ideas). Take care, Jason
Hello,
I m asylee and I got refugee travel document ,I m on a three week trip abroad. 3days ago I received an email from StayCompliance-DoNotReply@cbp.dhs.gov belonging to CBP telling me to check the new information about my admission to the United States. It says to check using name,Birth date,country of citizenship, passport number and name of country that issued the passport.However if I put the Travel document number the country that issued the travel document which is the USA is not listed though I can’t access to the compliance status.
1.Do you have any idea of what that’s compliance is about,
2.Is it possible for CBP to consider overstaying my visa since I was granted asylum by uscis after 5 year from date I entered the USA but requested asylum when my B1B2 status was still valid.
1 – I do not know what that email is, and so I would be careful about it, just in case it is fake. 2 – That should not be relevant. You have a valid RTD and you should be fine. Maybe it is an error on CBP’s part and when you return, you can show the RTD and – if you want – you can ask about the email. But if you have a valid RTD, you should be able to return to the US. Take care, Jason
Thank you
@ VIC
Don’t worry, just ignore the email you received.
It’s nothing to worry about, I say from my experience 100% nothing
Thank you A.S for your response,
Hi my mother and i applied for asylum back in 2016 but never got our interview date. We both expedited in February on the basis of her health issue. Her interview date came but mine was denied. Is there anyway i can also request so we can both be interviewed on the same day?
Regards
Maybe email the asylum office directly, tell them that you two filed together and that she has an interview date, and ask whether you can be interviewed at the same time. You can find their email if you follow the link under Resources called Asylum Office Locator. Honestly, I doubt it will work, but you never know, so you might as well ask. Take care, Jason
Hello Jasan,
Thank you for your help. we applied for asylum approval based green card in July 2022, one year passed but no progress also applied for RTD almost 5 months ago. we checked the status and both are saying finger prints updated. do you have any idea how much more time it takes to process both cases?
Thanks
Things are moving slowly. We see most asylum-based GCs take 2 years or longer, and most RTDs are taking over a year. Take care, Jason
with all of my respect Jason, that’s not true!!! more than 70% of the people applied for GC based on approved asylum got their green card on hand as started of 2022 Gc based on asylum is really going fast me personally know people who applied in DEC 2022 and got their green card last week!!! check this website and enter MSC22 and you will see how most of 2022 applicants got their green card already https://www.casestatusext.com/
GC waiting: do inquires every 2 weeks and contact your congress man and keep pushing them don’t sleep on your case bro or they will forget about you, all the best.
That has not been my experience, but hopefully more cases are moving quickly. I also have my doubts that making multiple inquiries will help, but maybe it does, especially if you can cite a reason to expedite. I would not tell people not to try, since maybe it would help – you never know. Take care, Jason
Hi,
I am going to apply for my first EAD online through my YSCIS account (same account from where I filled my asylum). Do I need to attach all the documents, like my asylum receipt, passport copy etc? How about photos? Usually on paper applications we attach photos, for online, do we need to upload?
If someone can reply please who gave applied online for EAD.
You need to attach all the document, except that you do not need the passport-style photos. Take care, Jason
Chicago asylum office denied my asylum due to one year deadline. I feel i have an exception but they referred me to court and now since i live nebraska. My case is at the toughest immigration court where judges deny 99 percent of cases omaha immigration court. My master hearing is next month. Can i change or move my case to new york or california bcuz im planning to move there and also since judges there are more favorable and maybe give me a chance to explain my one year delay in filing asylum ??
It is possible to overcome the one-year bar, depending on the situation (I wrote about this on January 18, 2018). However, if the judge(s) in Omaha have a 99% denial rate, you are probably correct that it is better to move. If you can move prior to your Master Calendar Hearing, you can file a motion to change venue with evidence for your new address (lease, job at the new address, bills, letters from people who know about your address). You can also ask to move the case at the MCH. Remember that if the judge does not move your case before the hearing, you must attend. Otherwise, you will be ordered deported. Take care, Jason
Hey Ben,
Were you referred to the court with or without an interview? Could you shed more light, please!
Thanks.
Hi Jason! I just want to say thank you. Your blog as been there to help me during the difficult process of obtaining asylum. All the advices and information help me alot and i’m glad my journey is almost complete. I just had my citizrnship interview and now i’m in line for oath ceremony just waiting for them to send mail so i can finally breath in peace and remove one stress in my life
Congratulations! The process is much longer and more difficult than it should be, but it is good to hear that you are almost at the end. Take care, Jason
Hi Jason! The money order to pay for a Refugee Travel Document fee should be made payable to DHS or USCIS?
Thanks.
U.S. Department of Homeland Security. It is better to write out the name than to just write the abbreviation. Take care, Jason
Hi Jason. My a Friend is Asylee. His parents are on US visit visa to see him. Visa period is for 6 months. now 2 months left. He wants to extend more 6 month visa time for his parents ( Father & Mother). so what is the easy and best way for extension of visit visa? please give link for it too,as he apply for.
thank you.
Before their time here expires, they can each file a form I-539, available at http://www.uscis.gov to ask for additional time. This form must be filed before their period of stay in the US expires. Take care, Jason
Hi Jason, this is my first time to leave a message here. We are from China and entered the country in June 2015 on a b2 visa. Filed i589 in October of the same year and so far it has been 8 years and I am still waiting for our asylum interview.
Now there is an opportunity, as an asylum beneficiary, my employer offered to help me do professional immigration eb3. My question is, at that time, am I eligible to do i485 to change my status and apply for a green card? Waiting for your answer.
Most likely, this would require you to leave the US, which can be very difficult or impossible, depending on the specifics of your case. I wrote about this issue on August 28, 2018 and September 6, 2018, and maybe those posts will give you some ideas, but you need to talk to a lawyer about your situation. The lawyer should map out in writing how you will get from where you are today to having a GC, whether you need to leave the US to do that, where you will go (as an asylum seeker, you should not go to your home country), and what are the risks. I would get all this in writing, so you have an idea about the process and know the risks. Take care, Jason
Hi Jason,
I wanted to say thank you for sharing so much useful information with asylum seekers. I have been your reader since 2016 when I arrived to the US and it helped me tremendously with my immigration journey. I have become a US citizen two weeks ago and it made me realize how lucky I am to be done with USCIS after 7 years only (which is still a lot compared to many marriage based green card holders but pretty quick compared to asylum seekers who applied after 2014/2015). Thanks to your blog, I was able to expedite my asylum case and learnt a lot about different ways to navigate the immigration system. Here is my full timeline and other details if anyone is interested :
Late January 2016 – arrived to the US on F1 visa
Late February 2016 – applied for asylum
November 2016 – submitted expedite request with my local Asylum Office over mail and received a letter acknowledging their receipt.
March 2017 – followed up on my expedite request over the phone because no response followed from Nov acknowledgment letter. Got lucky that a real person picked up the phone and was willing to help me (she shared her DHS email address with me to which I sent my expedite request documents). Two days later this same lady called me back and said my expedite request was approved.
Late April 2017 – asylum interview. Got lucky with the officer who seemed to be nice (although of course that didn’t guarantee an approval)
Mid May 2017 – picked up Recommended Approval from their office
Early July 2017 – realized something was wrong that I still didn’t receive my final approval and reading horror stories from people on this blog about not getting their final approvals for months or even years, I called my local Asylum office. And I got lucky again – the same lady picked up the phone and said she’d reach out to the officer who was interviewing me.
Mid July 2017 – my online status changed to “card produced” and I called the Asylum Office – they confirmed they mailed my final approval
Mid August 2017 – still not received my final approval in mail. Started getting pressure from my employer. Called Asylum Office (but instead of the nice lady, a rude individual was picking up the phone who kept yelling “You need to WAIT”). After emails to Ombudsman, Senators, etc, Asylum Office finally recognised that my final approval letter was lost in mail and told me to get a police report and come to their office in person to pick up the letter)
Early September 2017 – picked up the final letter but after getting home noticed my name was misspelled. Came back right away to the Asylum Office, they changed it but then I noticed my DOB was wrong. They had to change it again.
August 2018 – applied for the green card at TSC. Knowing how messed up things could go if I don’t stay on top of my case, I started calling USCIS every week requesting them to provide any movement on my case. Submitted several expedite and service requests which were denied, contacted Senator, Congressman, Ombudsman just to keep the pressure on USCIS because I knew that TSC was taking years to process asylum green card applications already back in 2018. Now it’s even worse
March 2019 – green card approved and received
Late December 2022 – applied for naturalization online
February 2023 – read horror stories on forums about people’s naturalization cases getting stuck for two-three years because of COVID. Submitted service requests, expedite requests, Senator, Congressman but all were denied because my case was within processing times
Late May 2023 – reached out to Ombudsman and said that USCIS is not as committed to naturalizing immigrants as they say they are because there’re still so many delays with N-400 cases
June 2023 – interview was scheduled
July 15th 2023 – passed my interview and same day oath. Thank god the officer didn’t say anything about me being too pushy with USCIS all these years. No questions about asylum either.
July 28th 2023 – received my US passport
Very impressive – Thank you for sharing. My guess is that you can now become an immigration lawyer if you want! (my other guess is that you do not want to). It does show how an individual who wants to help really can. Unfortunately, while most people who work for the government are nice and committed, they also frequently “pass the buck” and claim that they are not responsible. When government workers want to help, they really can. I wish more were like the lady who helped you. Congratulations! Take care, Jason
I live indiana city of Bloomington. My pending asylum ead is expiring. I have commercial driver license from state of indiana. I applied renewal of ead but my commercial driver license will also expire the day ead expire.I received receipt which says work permit extended for 540 days after expiration . So am i also eligible for extension of driver license. What should i tell the BMV of indiana and will they extend my license for 540 days or 180 days. If i dont renew my license i will lose my job.
I do not know specifically, but all my clients are able to renew their driver’s licenses with the 540-day extension, and I think at least a few have commercial licenses (but I do not know what state). I wrote about this with some links to USCIS that maybe you could show to the DMV – on May 11, 2022. Take care, Jason
Hi Jason,
I remember you had a case at immigration court getting postponed cause background check was not completed, i have a same situation got postponed for third times for same reason, i was wondering what happened to that case finally? thank you so much.
Postponed again for almost six months. I tried to argue (1) that the judge could make a decision and the case should be re-opened if the background check revealed an issue, and (2) for a shorter continuance, which the judge sort-of did (at least it is shorter than DHS wanted). The judge here is very good, and she felt that her hands were tied. I blame DHS, which (as an institution) really seems to care less about the situation. Maybe they will do their job before the next hearing, I hope. Take care, Jason
I am so sorry to hear that my question is how long it can take and how many times it can postponed?, i have had same situation starting December and has got postponed 3 times so far i will have hearing on this coming October for last time DHS requested 60 days but judge gave 100 days and DHS said this is last continuation request i hope she was right.
I do not know. In our case, the judge is sympathetic, and I get the sense that she is not thrilled with DHS. She also told us already that she plans to grant the case (and maybe this is another reason that DHS is not in a hurry). Hopefully, the 4th time will be the charm for you and for my clients, as these delays are really ridiculous. In our case, if there is no resolution, I will recommend that the client look into a mandamus lawsuit to see about forcing the government to do its job (whether that will work, I do not know, as I do not do such cases, but we will look into that option). Take care, Jason
Thank you so much for information, do you think i can do mandamus now before October or should i wait and if get postponed i do it?, also i was trying to have congress help me but they need case number and do not have any case number can you please help me with that.
In terms of the case number, that is your Alien number. You can also give them your court date and time, location, and judge’s name. I do not know that they can help, but there is no harm in asking. In terms of mandamus, that is up to you. Maybe talk to a lawyer who does such cases to see what they recommend, but if your next hearing date is in October, maybe you want to wait to see what happens, since it is not so far off. You can also email DHS to check on the progress. Maybe they will be able to help (though it can be difficult to get their attention for a case that is still a few months in the future). Take care, Jason
I reminisce the good old times when there was standalone data for One-Year-Bar cases.
Jason, do they even bother alotting interview slots to asylees who missed the one year filing deadline by a few years ?
Say such a case has a great merit and meets the exceptions demarcated. Can such a case get an interview with a stroke of luck or is it straightaway referred to the court?
Thanks for the great work, Jason!
In my experience, such cases are interviewed normally, and you can try to overcome the one year bar. I wrote about that on January 18, 2018. Of course, these days, no one seems to get an interview, including one year bar people. Take care, Jason
My work permit is pending for more than 90 days 3 months . I applied after 153 days of ead clock. I first created inquiry with uscis and was given service number waited 8 business days and no response from uscis then i sent email subject rosario class action to tsc.classaction@uscis.dhs.gov with cc asylumEAD@nwirp.org. But its been 10 business days no response from there too. What can we done ? Mandamus lawsuit because court order says initial ead in 30 days
I would email them again, but I guess a mandamus suit is a possibility. There may be another option – I do not know, but maybe there is some mechanism to inform the Rosario court about the delay and that court can assist (since there is already a case with that court). The problem is that I do not know whether this is possible at all. Maybe talk to a lawyer to see, or if you can find the court, call the clerk and ask about that. But I would start by emailing again, as hopefully that will get them moving. Take care, Jason
Hello Jason,
You helped us always and guided nicely to each and every time here. I already discussed you before about my case “Notice of Intent to Take Case Off of the Court’s Calendar” for me & my wife. but my kid (19 years) didn’t get the notice. My lawyer also confirmed that the offer is for only two people not the entire family.
I don’t know what to do with my kid case? my lawyer is saying “file his own asylum”, already my case was denied, and don’t know how its going to be success if he files alone? what do you want to suggest for my kid?
You could contact DHS (the prosecutor) to ask whether they would close his case as well. If not, and if your case is closed, your child would need to file their own asylum application or apply for some other type of relief. Keep in mind the one-year filing deadline for the child (if the child is a dependent on your case, there is an exception to the one-year rule, but that exception ends if your case is dismissed, so the child would need to file as soon as possible). Of course, if your case was denied (and is on appeal?), that is not a good sign for your child’s case, unless the child has another basis for asylum. All this need to be thought through with the lawyer so you can make the best decision possible under the circumstances. Take care, Jason
Thank you. I will talk to my lawyer and see..
Hi Jason,
Nice piece as always. I have a question, there is a piece of news
https://www.cnn.com/2023/07/25/politics/biden-asylum-court-ruling/index.html
How do you think this would impact interior asylum seekers ? and how is the state of asylum in general, compared to like 3 months ago ?
Thanks
The order is stayed (i.e., put on hold for 14 days) so the Justice Department can appeal, and so there will not be an immediate impact, but if the current policy goes away, I expect we will return to an even more chaotic situation than we had before the policy was implemented. Whether any of that will affect affirmative asylum seekers, I do not know, as that system is already such a disaster. I do think the main result of chaos at the border will be to help the Trump campaign in the 2024 election, and in that regard, I think this decision is potentially a big problem politically. Take care, Jason
I filed asylum i-765 initial work permit by creating uscis account online. Is filing online faster for ead approval. Can i expect ead approval in 30 days
It is probably faster or the same. You do get the receipt more quickly. Take care, Jason
People from Norway and Sweden are getting close to 50% and over 60% of their cases granted? On what basis/grounds? This makes absolutely no sense. This needs to be investigated, and I’d kindly ask that lawyers and other asylum stakeholders request an explanation from EOIR- and some of these “immigration judges”- as to why more than 60% of asylum claims for some of these countries are granted, and the asylum claims from countries that are actual asylum applicants are not being granted. If this is true- and I have no reason to doubt that it is not- this is blatant racism. That’s a point I have been trying to get people to understand, but people tend to think I am playing the “race card” or I don’t know what I am talking about.
Jason, even you have tried to place the the very high denial rates by some judges, and wild inconsistent outcomes across the country, on country of origin and the asylum applicants “not proving” that they are actually eligible for asylum (because their claims don’t “fit perfectly” in the asylum framework). There are some judges who’ve denied almost 100% of their cases and there are some judges, at the same location in some instances, approving over 70% of their cases (and, yes, the judge approving nearly 70% of her cases could be allowing her sympathy for the applicants, and not necessarily the law, to interfere with her deciding her cases. But that, I think, is rarely the case). If it were because of country of origin or the applicant not proving that there is a “nexus”, for example, then why are people from Sweden and Norway getting their asylum application approved- at such high approval rates at that- when these countries have what appears to be, at least to people like us who are from countries where human rights violations are rife, near-perfect democracy and what appears to be excellent human rights conditions?
I would like to see a breakdown of the grant rates- based on country of origin and “race”- by each judge.
I feel like it’s time we stop pretending that there aren’t racist and xenophobes wearing robes. And the government, both Dems and Repubs, are complicit as they’ve failed to question or investigate these very strange, for want of a better word, outcomes. That’s the part I don’t find funny!
I do think there are some judges and DHS lawyers who hold racist views that impact their decision-making, but I do think that is a small minority. More common are people who simply oppose immigration regardless of race (though of course, since most immigrants are not white, maybe there is not much difference between these people and racists). Either way, I simply do not believe the numbers related to Norway or Sweden. I have no basis for this belief, other than that it makes no sense and that EOIR is a disaster zone and I do not trust their data. If those numbers are correct, it definitely should be investigated, as something very strange is going on. Take care, Jason
Hello Nicki,
Congratulations! Very happy for you and wish you best of luck. If you don’t mind can you share if you got approved from asylum office or asylum court and in which district? Was it in New York?
Thanks,
Rex
@REX RIO
Hi, sorry for answering your questions this late, thank you, I applied 2016 and after hiring a lawyer we filed writ of mandamus on January 2023 I got my interview appointment and after two months I got approval in LA asylum office.
Hello Jason and all asylum community, finally I got my approval after 7 years of waiting, I am relieved, just wanted to thank you Jason for all your support and information that you are providing for us, god bless you🙏
Congratulations! We have blog posts from May 16, 2018 and December 15, 2021 that may be of interest. Take care, Jason
I am grateful for the US immigration system, however, in my opinion, it is one of the largest government extortion agencies in America. The mission statement might as well be “Receive the fees, cash the checks!” I often wonder if there was a fee to file for Asylum the cases would’ve moved more efficiently?
I wish they would allow for premium processing for asylum, but I doubt that will ever be an option. Take care, Jason