Last week, a federal court struck down President Biden’s border enforcement rule, known as the Circumvention of Normal Pathways rule. The decision jeopardizes “the administration’s strictest deterrence measure to date and comes as illegal border crossings have plunged to their lowest level since President Joe Biden’s first full month in office.”
Today, we’ll discuss the Biden Administration’s rule, why a judge found that the rule is illegal, and the practical and political implications of the court’s ruling.
The Circumvention of Normal Pathways rule went into effect in May 2023, and was intended to replace Title 42, a pandemic-era restriction that had made it more difficult to seek asylum at the U.S.-Mexico border. Despite Title 42, record numbers of asylum seekers had been arriving at the border during the last two years, and the Biden Administration feared a significant increase in arrivals when the public health emergency ended.
The new rule established a “rebuttable presumption” that anyone who arrives at the Southern border is ineligible for asylum if they traveled through a third country (such as Mexico) to reach the U.S. There were a number of exceptions to the rule, including for unaccompanied minors, people who have “authorization to travel to the United States to seek parole, pursuant to a DHS-approved parole process” (i.e., the CBP One app, which allows asylum seekers to schedule an appointment at the border, or one of the “expanded pathways” for certain nationals to come to the U.S.), people who arrive at the border without an appointment but who can show that they could not make an appointment due to a “language barrier, illiteracy, significant technical failure, or other ongoing serious obstacle,” or people who sought asylum in a third country, but had their application denied for reasons other than abandoning the claim for protection. In addition, the presumption of ineligibility could be rebutted if there were “exceptionally compelling circumstances,” such as a medical emergency, an “imminent and extreme threat to life or safety” or “severe… trafficking in persons.” People found to have violated the rule would be subject to a five year (or longer) bar to admission.
Immigration advocates objected to the rule on a number of grounds. Though DHS has created “expanded pathways” for certain nationals to come to the U.S., many asylum seekers were unable to qualify for this program, as “they must secure a passport, afford international commercial air travel to the U.S., and find a U.S.-based sponsor who’s willing to support them financially.” Migrants who wish to make an appointment using the CBP One app often face technical issues that make it difficult to secure an appointment. Also, there are too few appointments available to meet the demand. Finally, in practical terms, it is not realistic to seek asylum in a third country, since many of the countries that migrants pass through are dangerous and/or do not have functioning asylum systems.
Advocates further argue that forcing migrants to wait in Mexico for an appointment is dangerous. There have been thousands of reports about violence targeting migrants near the border.
A number of organizations–led by the ACLU, the Center for Gender & Refugee Studies, and the National Immigrant Justice Center–filed a lawsuit challenging the Biden Administration’s new rule.
Ultimately, a federal court found the new rule invalid on substantive and procedural grounds. Substantively, the rule violates the Immigration and Nationality Act, INA § 208(a)(1), which states “Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival…), irrespective of such alien’s status, may apply for asylum in accordance with this section….” In other words, a migrant arriving in the U.S. or at the border has a right to seek asylum, regardless of where the migrant enters or whether the migrant has passed through a third country. Procedurally, the court found that the rule was implemented improperly under the Administrative Procedure Act. For these reasons, the court struck down the rule as unlawful. However, the court stayed its order for 14 days to allow the Biden Administration time to appeal (as of yesterday, the court denied the government’s request for a further stay ). For the next week, then, the rule remains in effect. After that, it will depend on the appellate court (the Administration also faces a legal challenge from certain Republican-led states, which believe the rule “encourages migrants and asylum seekers to illegally enter the country”).
If the rule is ultimately blocked, it is unclear how the Biden Administration will react, or how the situation at the border will change. Since the rule was implemented in May, the border has apparently become more orderly, and so the fear is that if the rule ends, the border will become more chaotic. I suppose immigration advocates would argue that the Administration should address this problem by devoting more resources to the border, in order to fulfill our country’s obligations to asylum seekers.
While I agree with this in theory, I don’t see it working in practice. With the House of Representatives in Republican hands, additional money for asylum seekers at the border will not be forthcoming. In that case, the Administration will have to get money from somewhere, and I worry that they will take resources from people waiting at the Asylum Offices and in Immigration Court. I also worry that these resources will not be enough, and that the border will fall into chaos.
And of course, chaos at the border will benefit the Trump campaign, which has made illegal immigration a centerpiece of it’s effort to re-take the White House, and which poses a grave danger to all immigrants (and to everyone else).
So what should advocates have done? Let the rule be? Allowed the Biden Administration to limit asylum at the border in order to boost its prospects in next year’s election? I do not know. But I do know that we who advocate for more liberal asylum policies have not yet convinced the majority of our countrymen, and as long as that disconnect continues, we will remain politically vulnerable if the situation at the border deteriorates.
In the end, there are reasons to celebrate the court’s decision. But as a confirmed pessimist, I worry that it will do more harm than good–to asylum seekers, immigrants, and our democracy.
Hello Jason when i went to social security office to apply for my ssn after i received my ead. They put my place of birth as maharashtra , india. Maharashtra is a state in india and india is country but in reality they should have written my city of birth then my state or country.my city of birth is mumbai. Correct should have been mumbai, india or mumbai , maharashtra . Now im waiting for my social security number. Will this cause ssn to delay issuance of my social security number or no. If it doesnt will this cause problems later in any way. Btw state, country is correct too i think. What you u say
I do not see how this would cause a problem. The information is accurate, and there are always different ways to express the location of birth, and so I would not worry about this. Take care, Jason
Dear Jason:
Subject: Welcome Corps
In mid-2023, the Welcome Corps will expand and roll out a second phase of the program that will allow private sponsors to identify a specific refugee individual or refugee family overseas whom they wish to sponsor and refer to the USRAP for consideration to be resettled in the United States, subject to program criteria established by the U.S. government. Additional criteria for who is eligible to be referred to the USRAP and privately sponsored through the second phase of the Welcome Corps will be established by the U.S. government and announced in the coming months.
Mid 2023 was june. May i know when will the wecomcome corps start refer cases to USRAP cases? i have heard that program of refering cases to usrap is still closed.
Thank you.
I have not been following them, but as far as I know, they are still planning this. It is to help sponsor people from certain countries (Venezuela, Nicaragua, Haiti, Cuba, and a few others, I think), and I believe people are coming. Whether it is through this specific program, I am not sure, but they have a website, which should provide some updates about the status of the program. The USCIS web page also has some info here: https://www.uscis.gov/CHNV. Take care, Jason
Hello sir i have pending asylum with uscis for 2 years. I have work permit plus im married to us citizen. I entered legally on visa . Can i file i-130 while my asylum is pending is uscis and then if i-130 is approved then file i-485 get green card and close my asylum case. How long is i-130 taking alone without i-485 filed with it these days.
It sounds like you are eligible to get the GC based on marriage. If so, and if your case is at the Asylum Office, you can file the I-130, I-485, and associated forms all at the same time. The process probably takes 1 or 2 years, and once you have the GC, you can withdraw the asylum case (I wrote about withdrawing on December 7, 2022). If the case is in court, your spouse would normally file the I-130, and once that is approved (maybe 8 to 12 months), you can try to dismiss the court case. Alternatively, you can ask the judge to give you a GC. I wrote about this process on August 6, 2018. Especially if you are in court, I recommend you talk to a lawyer to decide about the best way to proceed, and to be sure you are eligible (I recommend this for people at the asylum office as well, but it is more crucial for people in court). Take care, Jason
Im applying work permit form i-765 c(8) category online. It asks me for yes or no have you ever applied i-765 before. What should i answer . Its my first initial work permit application after 180 days of waiting since asylum receipt came but before this for 30 days i waited for work permit receipt to come bcuz first i applied by paper but for 30 days receipt didnt come i called uscis and they said no record of i-765 pending under my A-number. So now im filing online if i answer yes to that question have you filed i-765 before i will have to upload i-765 receipt or denial letter or rejection latter which i dont have. So can i answer no there and later in last in additional documents i explain i filed i-765 but uscis never received it and i answered no there bcuz otherwise i would have to upload denial or rejection letter
I think you will have to say “no” and then either at the end of the form (if you are allowed to include more info – I forget) or in an attachments, you can explain about the first application and that it disappeared. Take care, Jason
I do appreciate if Jason you can help with my case. my question is if the applicant gears the church from the past, say he was hurt as a memeber of mormon church in his country but after coming in the US during the asylum application period, he switched from mormon to the common christian church, does the case still make sense to you?? he might find some principles of mormon sound little too wild…thanks!
It really depends on the specifics of the case. Switching religions does not necessarily protect you from a persecutor who wants to harm you based on your old religion – maybe they will not recognize that you have changed religions. These are things you will need to prove to win the case. Talk to a lawyer about the specifics to see what can be done and how to best approach the changed situation. Take care, Jason
Im renewing my work permit based on pending asylum. Where do i send my application which service center. Texas service center or Potomac service or Nebraska service center. I mean which service center process i-765 for pending asylum. I think its texas service center when i applied first time dont know what is it when renewing
You have to go to “Where to File” on the I-765 web page, at http://www.uscis.gov. Look under category c-8 (asylum pending) and you will see where to send the form (it is in TX, but the address varies depending on what type of mail delivery service you use). Take care, Jason
Hello Jason,
Thank you for your service to asylum seekers.
I entered through the southern border and I am on deportation. I applied for a defense asylum through the court back in April and in August I received a letter from USCIS that they have received my asylum application. Which date should I consider when applying for a work permit? Is the date the court received my application or the date USCIS received it.
Thank you in advance
You can check the Asylum Clock now by calling 800-898-7180. After you enter your A number, listen for the menu and press 2. It will tell you how many days have passed on the clock. Once you reach 150 days, assuming the clock is still moving, you can file for a work permit. Take care, Jason
hello jason,
today i contacted a famous attorney office that does writ of mandamus and he said you qualify to sue the USCIS but i got different questions hopefully you can give me an idea!!
i received the RFE to submit medicals on May 23rd.2023 as i mentioned earlier and they received my response on May 31st, so it’s been 70 days since they got my RFE response and updates yet!1 i did inquiry and contacted congressman even i applied for expedite under humanitarian reason and no response from all of it so i decided to sue the USCIS on August 25th if no updates by that date!! Live agent told me your case was reviewed on June 2,2023 but we can’t see what the review says it’s something related to the service center so why the officer didn’t give a decision yet? i served in the air defense at my home country and that was mentioned in the i-485 and trained on using weapons so is that might be the reason ? so now when i sue them what’s gonna change if the background check or whatever takes forever? as i know the federal judge give them 90 days to issue a decision so they have to give me a decision for that !! right?
I do not know much about mandamus lawsuits in the I-485 context. The military service could be a reason for the delay, and maybe the mandamus will work – I think you will need to rely on the counsel of the lawyer who does those types of cases. Take care, Jason
Hi Jason,
I hope you’re doing well.
I was granted asylum finally after all those years. I know you posted it earlier, but maybe something has changed. When is the best time to apply for adjustment of status, since its processing time for our category is almost 30 months now? Do you have any clients that got it approved sooner?
Thank you for your response.
Best
I have heard about people getting the GC in 6 months, but as far as I remember, I have not had a client get it that fast. Most cases are taking 2+ years. I still recommend that people wait 6 months before filing, as I think that is safer, but you can file any time after receiving asylum. I wrote about this on February 8, 2023. Take care, Jason
Hello im an asylum seeker. I have been waiting for interview since 4 years. The thing is my work permit clock stopped like 3.5 years ago due to change of address so i never got work permit. And i dont know if i will ever get interview. I feel enough is enough. I want to go back home. How can go back to my home country. My passport is expired and my country never issue passports to people who try to seek asylum. Can i ask ice to somehow get me back to my country. Im stressed just need to go back start afresh. Btw the threat i have has reduced due to change in government in my country.
Normally, a country will issue you a travel document to return home, even if they will not give you a passport. You would have to ask the embassy about that. If you do leave, you may want to withdraw the asylum case, as that will make it easier to return if you ever want to try to come back. I wrote about that on December 7, 2022. Also, if you wanted to try to expedite your asylum case due to severe financial hardship, you could try that – I wrote about expediting on March 23, 2022. Finally, maybe you want to email the asylum office to ask them to start the clock (I have no idea if they will but you can try). You can find their email address if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Im applying work permit online based in asylum what are requirements for photos online. Which kind of photos i send them or what size or resolution the photos should thanks
My recollection is that photos are not needed for the I-765 when you file to renew online, but if they are, you can get passport photos in digital form from CVS or other passport photo places and upload those. I would fill the form first to see whether the photos are needed, and if so you can get them. Take care, Jason
Hi Jason,
I was granted asylum by judge 3 months back and applied for RTD. I’m trying to expedite it and if I get my document and travelled out of the US, for how long I can stay outside of the US? I know RTD is valid for one year only but in general if someone is granted asylum for how long he/she can stay outside of the US not living in your COP but in third country?
As far as I know, there is no rule about this, and there is nothing stopping you from remaining outside the US and only returning before the RTD expires. There are rules for people with a GC, but I know of no such rules for asylees. That said, I would probably advise someone to follow the GC rules, meaning that it is best not to stay outside the US for 6 months or more without returning. Also, keep in mind that to apply for a GC (and later citizenship), there are requirements that you be physically present in the US. To get the GC, for example, you need to have one year inside the US (when you add up all your time here – you do not need to be here for one year without leaving). Take care, Jason
How to talk to a live person on 800 375 5283 number. I try to talk to live person but i guess they removed thar feature. How to do it i. Aug 2023. What are steps to do it.
These infor pass and dail 1 2 and else dont work anymore. Uscis automated says you dont have to press buttons
It is extremely difficult. Different people have different tricks, like saying “Info Pass” or listing an incorrect receipt number for a pending USCIS case. I really do not have any tricks for that, since I almost never call, as it is usually an utter waste of time. Shocking that you pay lots of money for these applications, but no one will answer the phone. Take care, Jason
Thank you Jason for keeping us informed as usual.
I have a question Jason. I was reviewing my family applications to adjust status and I noticed that my lawyer put my kids’ current status as asylum applicants. Do you think USCIS will reject their applications because of this though he submitted their approval letters and I 94 stamped asylum granted? Also, how long does it take for the checks to clear after USCIS receives the applications? Most importantly, I have a question regarding a name change, when I first applied for asylum, my lawyer used both my last and middle name as last name. Do you think that when one’s adjusts status they can fix this issue? I noticed that my lawyer has once again used my middle name as my last name. What would you have done in a situation like this? Thank you for your time.
I am not sure I understand what your lawyer did, but if he included the children’s documents, it sounds like it will be fine. In terms of background checks, I do not know. We see most asylee GC cases take more than 2 years, but once in a while, they are faster (maybe 6 months). For your name, it is best to keep it consistent from one form to the next, but once the case is done, you can apply to change your name with the state court where you live. You can also change your name when you apply for citizenship, if you don’t mind waiting that long. If you change your name with the state, you will have to inform USCIS and maybe get a new GC. You can also change your name before the GC is processed and try to update your case, but I would worry that this would slow things down or create other issues. Take care, Jason
Thank you Jason for your insight. What I meant was that my lawyer responded to question 27 by asylum applicant whereas we have been asylees.. But as you said, their applications where accepted. Jason you are someone that we asylum seekers should trust because you really know what you are doing. I believe we need to build you a monument for the future generation to remember your hard work and help. to desperate people. By the way., I got this case update this morning :As of ****, fingerprints relating to your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number *************, have been applied to your case. I got two of these. It was my understanding that USCIS only does this for minor kids. Am I right? Also Jason, if USCIS blocks your online account, how long does it take to get it to work again? Do I need to call them?
Hopefully, if you are an asylee, you applied for an EAD based on category a-5, asylum granted. If not, USCIS may reject it, or they may send a letter asking for clarification. I am not sure. In terms of biometrics, USCIS is re-using biometrics for most people, so this is very common. As to the online account, I do not know why it would be blocked or how to unblock it, but certainly you can try to call (800-375-5283). You might also inquire through USCIS Help – there is a link under Resources. Take care, Jason
Hi Jason; hope you’re doing well. My asylum approved last year and now filing my I-485; I have 3 questions & would appreciate if you can help me out.
19. Travel Document Number Used at Last Arrival(I already put my passport number; so this question need to be blank?
26-B: Expiration Date of Authorized Stay Shown on Form I-94 (i had student visa and I put D/S) is it correct?
61. Public Charge: Are you subject to the public charge ground of inadmissibility under INA section 212(a)(4)? I answered no and moved to item 68(asylum exempt for public charge)
Also I live in NJ and need to mail my form attached with medical form to USCIS
Attn: NFB
P.O. Box 4115
Carol Stream, IL 60197-4115 (address for asylum who live in NJ)
I appreciate for your help
19 – If you do not have a travel document, you can write “n/a”. 26-B – For an F-1 student visa, it is normally “D/S”, correct. 61 – Asylees are not subject to the public charge rule, and so you do not need to answer those. In terms of the address, use the address on the website for the I-589, http://www.uscis.gov. That looks correct. Take care, Jason
Thanks Jason; I really appreciate for your help
Hi,
Do you know if they are going to remove Covid-19 vaccine from the Green Card application medical examination?
Thanks
I have not heard about any movement to remove that requirement, and I doubt it, but I do not know. Take care, Jason
Hello Jason,
I already told you before that i had my final hearing on the 25th of april 2023 in Las Vegas,
And the judge told me that she will mail me the decision, and till now I didn’t receive any decision it’s been 3 months,
I called the court, they do not have any updates and do not have any information and when the judge will make the decision.
So what is your advice in such case?
Is there any other way to make it faster?
Or i should just wait?
If i should wait how much time it should take till she makes a decision?
Thank you i appreciate your help
Unfortunately, it is very difficult to get them to do their job. I would probably wait, but at some point (and you will have to decide when), you or your lawyer can send a motion requesting a decision. If there is some health or family separation emergency, you can include information about that in the motion. Hopefully, the judge will just make a decision, but if you can’t wait any longer, consider filing a motion (i.e., a formal request for the decision). Good luck, Jason
Hi Jason,
I’ve been granted asylum, and will be applying for green card this month. I was formerly a DACA recipient. Do I need a i-602 waiver for lack of legal status/overstay in the past?
Thanks!
That should not be needed. The asylum approval “cures” it. If USCIS somehow determines that they need a waiver (which I strongly think will not happen), they will inform you and you can submit the waiver at that time. Take care, Jason
How long does FOIA take to process with uscis. Filed it online ? Whats the average time it is taking in 2023 ? I heard online is much faster than mail.
We have gotten them in maybe 2 months (maybe less, I do not remember, but it is pretty fast). Take care, Jason
Reasons You Should Be Using The USCIS Online Portal/Creating An Online Account
Happy Friday, everyone!
I just wanted to encourage you to submit your application for immigration benefits- like your N-400, I-485, I-765, I-131, I-589, for example- online as it’s much easier and you can see the updates immediately. Once USCIS has updated your case- for instance, a decision was made on your case, a biometrics notice was sent, a receipt notice was mailed, an I-797 notice was mailed, or an RFE was sent- they’d put the actual notice in your account immediately. This notice can also be downloaded, printed and used. You don’t necessarily have to wait for the physical copy to arrive in the mail. This also alleviates the stress of waiting for an RFE or I-797, for example.
In addition, you can go back and check the information that you put on your application, and you can check/view the documents that you uploaded. You are also able to change/correct the information submitted in your account/on your application. As well, you are able to upload RFEs in your account, which is usually received immediately by USCIS. You are also able to communicate with USCIS via your online account. There is a messaging/emailing system in the USCIS portal.
You can potentially, or theoretically, reduce the wait time when you use the USCIS online portal to submit RFEs and your applications. It also eliminates the possibility for documents to get lost. You also see updates/notices/decisions almost immediately, and it reduces the chance of your mailed decision getting lost by the courier/USPS.
If you already submitted your application for an immigration benefit, and you did not use the online portal to submit the application, I believe- though I am not 100% certain- that you are still able to create the USCIS account and add the case, using the receipt number, to the account.
Hi Jamie
Very good description and tools.
But my online account does not show all these features. I can’t upload or download any form from there. I have only 02 options/buttons : Case status and case History. No other button to upload/download any document. Can you or anyone clarify? Do you/ or anyone have the same ??
You have to click on the pending form and there should be a page that allows you to choose “evidence” and if you click that, and scroll down, you should be able to upload evidence. Also, if USCIS requests evidence, that should appear in the account and give you an option to upload evidence. This may vary by form, so maybe Jamie or someone else knows more. But that is what I see on my account (which may be a bit different, since it is a lawyer’s account). Take care, Jason
@ Hope
@ Jamie
at which link we can look for more information about our case?
https://egov.uscis.gov/login
Or
https://myaccount.uscis.gov/
I sign in to my USCIS at the second address. Take care, Jason
Good advice. I am slowly starting to follow it myself, though my tech skills are, to say the least, weak. Thank you, Jason
Hi Jason
Thank you for all that you do.
I really need your help our case has been in ” Next step is an interview since 2019”
We are still waiting on this.
Please can you tell us if there is a better rule that been announced already.
Also please let me know if there is anything we can do to get the interview date as it is such a long time.
Many thanks
mariyam
Everyone is stuck waiting and almost no one is getting an interview without filing a mandamus lawsuit. Before you do that, you have to try to expedite in the “normal” way. I wrote about that on March 23, 2022, and maybe that article would give you some ideas. Take care, Jason
Hi Jason. I REALLY need your opinion on this as I’m really scared.
I got an RFE from USCIS regarding my asylum green card asking me about my criminal records and the medical form. I responded with everything I have (all criminal records documents that I struggled so much to get from home). Today I got a notification that USCIS sent a second RFE. Does a second rfe mean a highly likelihood of denial? or can be a dumb thing? I would reapply appreciate your insights on this. Thank you
What kind of crime did u commit…
It is certainly better than getting a denial. Maybe they need clarification about a criminal record? Or if you have any ongoing criminal case, maybe they need updates? There is no way to know until you get the paper letter, and so hopefully, it is no big deal. Take care, Jason
I sent i-765 c(8) initial application for pending asylum. Unfortunately i used service of a application preparer/notario to file it and send it but he didnt give me the tracking number but told me my file has been sent to lockbox in dallas. Its been 1.5 months. Either he never filed it and took away money or wither he filed it with wrong address of me or lockbox or either uscis lost it.
Can i go ahead file ead online and send a note with it that i filed my ead but never received it and i dont know if it reached the right address. This way i can get ead faster than rather waiting for forever for receipt to come
I do think most receipts arrive within 1.5 months, but not always. Maybe if you think he filed, give the receipt a bit more time. But otherwise, I guess you can try to file online and provide an explanation about what happened. I have not done that for a client, but if the system allows you to file, you will at least have proof of the pending application. Take care, Jason
Hello Jason sir, im in kinda similar situation. I filed at lockbox but never received receipt but then i filed online got receipt . But i also received my previous i-765 receipt which was filed by paper. So i have 2 i-765 receipts now . Can i withdraw one application or will i be granted 2 eads or my ead will be denied
My guess is that once one EAD is approved, USCIS will deny the other, but I am not sure. I am also not sure whether I would ask to withdraw one of the applications; maybe instead, you can upload the receipts to your USCIS online account with a letter explaining what happened, and ask USCIS to continue processing whichever application has the earlier receipt date (and which will – presumably – be completed first). I suppose you could also wait to see what happens – I doubt they would deny both applications without sending you a letter first. Take care, Jason
Hello Jason im cousin of this guy whos i-765 work permit receipt was not arrived in 1.5 months. We followed up with notario. He gave wrong address of applicant while mailing to uscis. So maybe the receipt was deivered but to wrong address. Now are there any options. Can we file online and try to explain by mistake wrong address was given and maybe if receipt was issued it went to wrong address and hope they accept the second application this time online and then they issue receipt and also request if there is old i-765 application pending plzz withdraw it.
Will this mistake on i-765 regarding address result in stopping of clock bcuz it was applied after 150 days not 180 days thanks
And what if the ead has already been approved and sent to this wrong address . Any solutions for it thanks
Maybe you can try to contact the person at the address and see if you can get the receipt? If so, you can just use the receipt number and change the address to the correct address (using form AR-11, available at http://www.uscis.gov). Otherwise, I do not think you can get the receipt number from your account, but maybe you can try calling USCIS (800-375-5283) to see if they can give you the receipt number, or maybe you can reach out using USCIS Help (a link is under Resources), though I do not know if that will work. If none of that helps, I guess you can file again (online or by paper) and I would provide an explanation about the prior application. If the card was already issued, my only idea is to go to the address and see if they saved it, or if they can keep an eye out for it. Take care, Jason
Hi Jason,
Nice piece as always, I still feel that the rule should be repealed. Because this transit ban clearly…it seems to show an unwillingness to help “you need to ask others for help first, and if you can get it, then we don’t have to help you, and if you don’t ask, that’s on you” kind of mindset. To this day, I still feel that America is a wonderland that people around the world who are oppressed and bullied can feel at home.
In addition, I want to ask you about your past (successful) clients. After they were granted asylum, do you still stay in contact with them ? do then eventually live a fulfilling and happy life ? I am just seeing if there is something that I can look forward to…
Thanks
I agree that the rule is bad, but I wonder whether the elimination of the rule is better. Unless Congress substantively addresses the problem, we will be stuck with practical and political difficulties at the border (and in the interior) for the foreseeable future. As to my clients, I do stay in touch with many of them and they generally seem to do very well. Many are quite successful and many continue to engage in activism for their home countries and for the US, so it is pretty impressive. Also, many feel better and more optimistic about our country’s future than I do, and so that helps me too. Take care, Jason
Thanks Jason,
That’s so wonderful. It does give something to look forward to.
Hi Jason. I am Asylee & GC Holder. I sponsored my family to US by i730. Family is also GC holder. I am in politics but my all Family not. Now my Family is on Home Country visit and will come back soon. Spme obe feared me that they will face problem on Airport, so i am confused.( Though i know some Asylee, whome Families are on regular their Home country visit). Kindly guide me in this situation. Thank you.
I doubt they will face problems and they can explain that they are dependent asylees and do not have a direct fear of harm. If your asylum case indicates that your entire family is in danger, the situation could be a bit more tricky for them and you. They should be prepared to explain why they returned and how they stayed safe, and you should be prepared to explain this at any future interview, such as for citizenship. Again, I doubt it will be an issue, but it is best to think about your explanation in advance, so you are ready if anyone asks. Take care, Jason
Once you become Australian PR and then Citizen, you don’t need any visa to enter US.
That may be true as a visitor, but if you want to work or go to school, you would need a visa for that. Take care, Jason
Hello Jason,
Thanks a lot for your crucial contribution to the immigrant community!
I have been on a pending affirmative asylum status in U.S for almost 7 years.
I filed my asylum case 2 weeks after my I -94 admitted status date expired. I have been working as a health care professional in U.S for about 6 years. Waiting in limbo for a long time in a very complicated and backlogged U.S asylum system was unbearable! Recently, I applied for and got Australian Permanent Skilled Visa. I am planning to move to Australia as a skilled permanent resident and withdraw my asylum case in U.S once I arrived there.
Will this affect my probability of obtaining a U.S visa for work purposes or visiting my relatives in the future?
Would you please explain in detail the likely outcomes if I apply for any kind of U.S visa in the future?
Keep up the good work!
Thanks!
First, I wrote about withdrawing the case on December 7, 2022. It is important to properly withdraw the case, or it could have negative immigration consequences. Assuming you properly withdraw and have no other issues, there should not be any problem to get a work visa in the US. Most such visas are “dual intent”, meaning that they do not care whether you have an intent to remain permanently, and so they should not care that you filed for asylum in the past (and attempted to remain here permanently). Some other visas may be affected, for example, an F-1 visa, but given your future status in Australia, I imagine you would have a good chance to get such a visa and return here. Of course, you can talk to a lawyer about the specifics of your case to know for sure. Take care, Jason