We’ve long known that the New York Asylum Office (in Bethpage, NY) has the lowest approval rate of any Asylum Office in the United States. According to data from 2021, the asylum approval rate in NY was 7.4%. That’s nearly half the approval rate of the second worst Asylum Office (Boston), and seven times worse than the best Asylum Office (New Orleans).
While the problem is not new, there has always been a question of why the NY office has such a low approval rate. A scathing new report from Safe Harbor Clinic at Brooklyn Law School sheds light on this important question.
The report is based on testimony and evidence from 11 former Asylum Officers (AOs), eight of whom worked at the NY office, one former Immigration Judge, 22 immigration attorneys, and seven asylum seekers. The interviewees are not identified in order to protect them from potential retaliation. The Safe Harbor Clinic also obtained information from publicly available sources, as well as Freedom of Information Act requests.
The first issue raised by the report relates to the location of the Asylum Office. In 2015, the office relocated from Queens to Bethpage, an area that is “virtually inaccessible” by public transportation. The remote location is bad for asylum seekers and their lawyers, since it is time-consuming and expensive to travel to Bethpage, but it is even worse for many AOs, who cannot easily get to their office. The difficult commute makes it harder to retain employees. Worse, a persistent rumor holds that the office moved to Bethpage because it was close to the home of the Asylum Office Director.
Another issue is the security guards who asylum seekers encounter upon first arriving at the office. “According to more than a dozen attorneys and asylum seekers, New York Asylum Office security guards regularly intimidate, berate, and belittle asylum seekers and attorneys.” On one level, maybe the behavior of the guards is no big deal. But they are the first people an asylum seeker sees at the Asylum Office, and being mistreated upon arrival–especially for people who may already have been persecuted by security officials in the home country–could certainly set a negative tone for the interview.
A third problem involves the process at Bethpage. Asylum seekers often experience long waits before the interview, and encounter AOs who are “rushed and harried” during the interview itself. “Not every asylum officer at the New York office is rude or unkind, but it is clear that the intense time pressure on New York Asylum Officers exacerbates an already stressful and high stakes situation for everyone.”
Asylum interviews are meant to be non-adversarial, since many applicants are victims of trauma. However, the report found that “aggressive, highly adversarial” interviews were common. Some attorneys reported “needlessly retraumatizing questions” or AOs who repeated the same question over and over, confusing the applicant.
The report also describes abusive behavior towards attorneys (something I strongly oppose!). Attorneys often must decide “whether to advocate for their client and risk angering the asylum officer who has ultimate control over their client’s case or remain silent and allow the officer to carry on with an abusive or even inaccurate line of questioning.”
Attorneys and applicants are not the only people suffering in Bethpage. According to reports from several former AOs, the atmosphere at the New York office is “toxic.” The workload is heavy and unpredictable. AOs “are not assigned their cases until they arrive for work in the morning,” which leaves insufficient time to prepare. Indeed, one former AO reported that they had only about 20 minutes to review an applicant’s file prior to the interview. AOs also face pressure to complete cases quickly. “Several asylum officers said they felt in constant fear of being fired because they were not getting through enough cases.” Attorneys reported that this “intense time pressure” results in some AOs “applying the law unevenly and, at times, inaccurately.”
In addition, several former AOs described “a bizarre office culture where employees suspected that they were being surveilled by office leadership.” “Multiple former asylum officers said they believed office leadership encouraged employees to gather information about one another as a way of keeping employees in line.” This environment contributes to low morale, lack of cooperation and collegiality, and high turn over (and thus loss of institutional knowledge).
Worst of all, AOs described a situation where it was easier to refer (a/k/a deny) a case than grant. Granting “takes more time because the asylum officer must demonstrate that the case meets all the elements of asylum.” “Referrals, by contrast, only need to establish one element of asylum that is not met.” “Multiple former officers said that the pressure to refer stemmed more from this time pressure than a mandate not to grant cases,” and AOs reported that they could be punished if they advocated too strongly for a grant.
One way to quickly deny cases is to establish that the applicant is not credible (i.e., that he is not telling the truth). To do that in NY, an AO must find “three material inconsistencies in an applicant’s testimony.” A misremembered date or event can easily result in an adverse credibility determination, which allows the AO to deny the case and move on to the next applicant. In examining credibility, “former New York Asylum Officers explained they were under unique pressure to root out fraud because office leadership has become preoccupied with fraudulent asylum claims.” AOs sometimes refer a case to Court, as that is easier than determining whether the applicant committed fraud. And of course an adverse credibility finding at the Asylum Office–even where that finding is not particularly well supported–can be used to attack the applicant’s credibility in Immigration Court, further jeopardizing that person’s chances for asylum.
The report makes several recommendations, including transitioning to new leadership, creating a better work environment where AOs are retained, and treating asylum seekers with respect. To implement these changes, the report highlights the need for intervention from headquarters in Washington, DC.
In the end, the report concludes that “the New York Asylum Office is in danger of rendering itself irrelevant; a perfunctory and unnecessarily retraumatizing stop for the vast majority of asylum seekers on their way to immigration court.” It’s a scathing assessment and the conclusions–backed up by evidence–are difficult to ignore.
One last point: Thanks are due to Brooklyn Law School and to the authors of this report. It took a fair degree of courage to call out their local Asylum Office on its problems. Some of the authors are students, just beginning their careers. One is the clinic director, Faiza W. Said, who presumably will have to appear at the Bethpage office in the future. They all took a risk by compiling this report, and they should be commended for calling attention to the problems in NY. Let’s hope that their efforts are rewarded, and that we see positive changes soon in the New York Asylum Office.
[…] Prof. Sayed’s work. She and her team at the Safe Harbor Clinic recently published a scathing report about the New York Asylum Office, which examines why that office has the lowest grant rate in the […]
Hi Jason,
How is the approval rate for asylum applications in Florida compared to NY? Is the wait for an interview longer?
Thank you
I have not seen data in a while. I posted the most recent data on July 13, 2022. The two asylum offices in FL have low approval rates, though they are still quite a bit better than NY. Keep in mind that some people in NY State will have their asylum interviews in NJ, which is a better office. It just depends on where you live. You can check that by following the link under Resources called Asylum Office Locator and entering your zip code. Take care, Jason
Hi Jason,
The judge terminated my asylum case but the EIOR still saying case is pending instead of terminated for months, any idea how to contact them to ask them to change it ?
Strange – you can call the judge’s clerk to ask about this. You can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Will try them, I got the termination letter and I adjusted my status with uscis not sure if it’s just a human error.
Dear Jason,
Can you possibly help me with the website where I can print the I-94 for my recently arrived wife and children to help them apply for a job? They told me to open the USCIS Website and print the I-94
There is a link under Resources called I-94 Locator, and you can find the I-94 there, assuming they entered with a visa. I do not know that the I-94 will help them get a job, as it just states when they entered and the type of visa. Take care, Jason
Hello Jason I just wanna ask you a friend of mine ismkiving in New York with her family if 5 children illegally in New York for more than 8 years…they arrived with b1 visa and overstayed they visa after that…now if they apply for asylum on the basis that they are atheists I know they have the 1 year rule but given this backlog can their wait for asylum office interview come like maybe 3 years later ?
There is no way to predict the time frame. It is possible–though unlikely–that they will get an interview a few months after filing. But most people wait years. How many years, I have no idea, but across the country, there are people who filed in 2015 and who are still waiting for interviews. I think this person should talk to a lawyer about her options. If she has been here for 8 years, she may be eligible for Cancellation of Removal soon (once she has been here for 10 years, if she has a US-citizen or green card child, parent or spouse, and if she meets the other requirements), and so maybe she wants to wait until she is closer to the 10-year mark. There may be other reasons to wait (or to file now) and those are worth exploring with a lawyer before she decides what to do. Take care, Jason
Hi Jason , Happy Holidays! Do you know when one is eligible to file a mandamus? My asylum approved, I applied for green card almost a year ago and obviously no news in that. Can mandamus be filed after 2 years of waiting?
You can file a mandamus anytime, but I would talk to a mandamus lawyer about what is best and how strong a case you would have at this time. The GC process for asylees is slow, and I am sure you are still within the “normal” processing time for the application. You can check processing times at http://www.uscis.gov. As such, USCIS will not take any action. If you have some reason to expedite, you might try that first – I wrote about expediting in general with USCIS on January 29, 2020. Take care, Jason
Hello Jason
I had my final hearing 8 months ago but still no decision
I filed a motion on the 3rd of November and till now still no decision
I don’t understand that delay
What should i do other than that?
I am not sure what else to do. I guess you can call the judge’s clerk and ask whether they have the motion and whether there is any progress. You can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Three part question. Thanks
Number 1 i filed asylum after 7 years in usa after overstaying b2 visa due to stress and no knowledge of late filing complications. Fortunately I have work permit but i have been waiting for interview since jan 2023. Almost 11 months. When can i expect my interview for asylum. Arlington office.
Number 2 Im planning to get married in canada to my fiancé. Shes a canadian citizen. . My family also lives in Canada. Can i ask asylum office or uscis or who should i ask for advance parole to marry and come back to usa.
Number 3 Eventually if i get married and my wife moves to usa lets say on any visa and work for employer and they sponsor her for green card. Eb1, eb2,eb3 etc any work employer based green card category. Can i also get a green card by getting added on her application as a spouse or i would have to wait till her green card. Will my overstay create issue or will i have to wait for her citizenship or just wait for my asylum case. Thanks sir
1 – As I understand the question, you filed for asylum in January 2023. In that case (and I guess any other case), there is no way to predict when the interview will be. The Asylum Office tries to give people a “fast” interview, and so new cases have priority, but your case is no longer “new” (I think a case is considered a priority for 45 days or something like that). Now your case is in the backlog, and there is no way to predict when they might interview you. Some people have been waiting 8+ years for an interview. You can try to expedite – I wrote about that on March 23, 2022. 2 – To apply for AP, use form I-131, available at http://www.uscis.gov. I wrote more about that on September 11, 2017. The process is very slow (probably more than a year) and it could be denied. It would be far easier and faster for a Canadian citizen to come here and marry you in the US. 3 – I think this will be very difficult due to the overstay. You would most likely need to leave the US to get a GC based on her, and if you leave now, you will be barred from returning for 10 years due to the prior overstay. Maybe there are exceptions and you can talk to a lawyer about the specifics, but I think this will not be easy. If your wife gets her own GC and then becomes a US citizen, it will probably be much easier for her to sponsor you at that time, but that would be years in the future and again, you would need to talk to a lawyer about the specifics to be sure you are eligible. Take care, Jason
Hello Jason,
If their is a gap between the threats someone receives, say someone received a threat in 2015 and leave that city and then in the new city he doesn’t get threats for 3 years. Although he faced lower levels of harassment. Then he received threats in 2018, 2021. Threats from government and non government actors. Does the gap between the threats effect asylum claim? will it raise questions that if he didn’t receive threats continuously, then he was safe or could have been safe?
Thank you
I don’t think a gap by itself would be bad for an asylum claim. I think you will need to explain the move, why it was not “reasonable” to move to a new location, and why the threats re-started. But this seems like a pattern I have seen in cases before, and as long as it is explained, I do not see why this pattern would be bad for an asylum case. Take care, Jason
Hello jason
As I mentioned before i had few days before the due date for uscis to give me a decision based on writ of mandamus but today my attorney sent me an email that I can’t understand anything out of it and i feel lost so please can you tell me why uscis would request to transfer venue? ( i hided the name of the state for my privacy
Here what i got from my attorney tofay:
Earlier today, the US attorney confirmed the case is currently pending in the state of xxxxxx . Since the file is located within xxxxxxx and you currently reside in xxxxxx, the Defendants have requested to transfer the lawsuit to the Eastern District of xxxxxxx district court.
Once the case is docketed in ED xxxxxxx, the assigned judge and US attorney will make an appearance. The judge will likely set a new deadline date in this court. Rest assured, we will continue to monitor the court docket and let you know when we receive any further information.
It sounds like this is about the mandamus lawsuit and not about the asylum case. It seems to me that the judge for the mandamus case is in a different state from the asylum office, and thus that judge does not have jurisdiction over the asylum case (i.e., since the asylum office is not in the area that the judge has power over, the judge cannot order the asylum office to finish the case). So now the case is being moved to a new judge who does have power over the case. It seems a little weird – why would the mandamus case have been there in the first place? Unless maybe the asylum case was in one office and then moved to a new office, and so now the mandamus case has to move as well. Maybe you want to ask for more of an explanation and if there is an expected time frame. Take care, Jason
Yes, it is a Mandamus for a Delayed Green Card based on asylum. My case was in the West Coast but now the U.S. Attorney told my attorney that my case was pending in the state i live in while I reached out to the USCIS Agent, and she said my case was still in the West Coast. Why do they say the West Coast while the US Attorney says it’s in xxx State? I would definitely trust the US Attorney as the US Attorney is more reliable. I’m just wondering why the USCIS has asked for transfer when they were informed about my Mandamus against them 52 days ago. Now they just remembered asking for transfer so that they can legally hold up my case even more while they were sleeping for 52 days! I really don’t know what to say. Some people are so inhumane and don’t understand how the delay affects our health and lives.
I am not sure why this would happen, or even if it is a normal time frame for your location (it doesn’t sound like it, but I do not know). It may just be that the case has to move to another court. Once that happens, hopefully, they will at least give you a schedule for when to expect a decision. Take care, Jason
All mandamus reach to loosing the case !! Imagine a client is suing you coz you didn’t give him ketchup with the French fries!!!
I have seen a number of mandamus cases and most were granted, so I do not think the mandamus case affects the decision. Take care, Jason
@joe
ketchup and fries? and mandamus don’t work? hahahahhaha dude you need to take a break from drinking cause looks like you are drinking too much!!! i personally know 4 people that got their asylum decision and it was approval and another 2 got their delayed green card approved through suing the government !! go sleep man.
Hi Jason
Please allow me to ask a question. My asylum application was granted at the court and I need to renew my EAD.
My lawyer once mentioned that I don’t have to pay filing fees if my asylum case is granted. I have read about this in some forums. However, my EAD application was rejected because I did not submit filing fees. May I know whether USCIS filing fees are required for asylum granted persons? What should I do to exempt filing fees? Please suggest.
Thank you in advance.
Nay
First, if you did not do it already, you should Google “post order instructions in immigration court” and follow those. Basically, you call or contact USCIS and get an Info Pass appointment where you will get an I-94 and they should order a new EAD for you. If that does not work, you can apply for the new EAD using form I-765. Instead of category c-8 (asylum pending), it should be category a-5 (asylum granted). Also, this is not a renewal, it is a new application based on a new category, and there is no fee for the first a-5 EAD. I wrote more about what happens when asylum is granted on May 16, 2018. Also, I did a post on February 8, 2023 about the new rule for when you can apply for a green card, so maybe those would be helpful. Take care, Jason
Hello Jason, hope you’re doing well. After submitting response to RFE or medical examination for asylum based GC how much more time required to USCIS to make a decision? Do you have any idea? Also it is almost a year ago we submitted RTD but no response yet do you know how much time it takes we also tried to expedite but it got denied?
Tired of waiting
There is no real time frame for anything in my opinion, but you can get an idea by checking processing times at http://www.uscis.gov. In the past when we submitted a medical exam in response to an RFE, we usually got the decision pretty quickly – a few weeks or a month or two. But in the last year or longer, the wait times are not so fast and are unpredictable – it could take many months. For the RTD, I think wait times were in the range of 17 months, which makes a lot of sense for a document that is only valid for one year. You can try to expedite, though that is not easy – I wrote about expediting in general with USCIS on January 29, 2020. Take care, Jason
If you have a granted asylum, no need anymore for EAD , in the granted later you can get a driving license with no restrictions and a social security number with no restrictions too
I think NY asylum office has some merit in denying vast majority of asylum cases because most asylum seekers committed immigration fraud and misrepresented their intent when they applied for their B1/2 or F1 visas to first enter the U.S.Those are nonimmigrant visas and by applying asylum, they are violating their visa condition, which is evidence that they actually wanted to remain past their authorized stay but lied to the visa officers. So they are really not that good oeoole… I feel… Anyone who applied for asylum without going through credible fear screening at the border should be immediately denied asylum and quickly removed
Oh God! You need to go away!!!!
Did I say anything wrong regarding the intent requirement of the visas ?
If you are going to make a claim about fraudulent asylum cases, you need some evidence to back it up. Take care, Jason
Hello all, I’m planning to travel to the Netherlands with a refugee travel document. Do I need a visa for this trip? Has anyone here traveled to Europe before, and can you share some advice? Thanks
No visa required
You do not need a visa for the Netherlands.
Please note: your total stay in the Netherlands or another Schengen country may not exceed 90 days within a 180-day period.
You still need other documents to travel to the Netherlands.
Check what documents you need to travel to the Netherlands
Your answers
QuestionAnswer
How long do you wish to stay in the Netherlands? I will not stay for more than 90 days
What country or region are you a national of? Refugee
Was your refugee or stateless person’s travel document issued by a country in the Schengen area? No
Which travel document for refugees or stateless persons do you have? Form I-571
i always go to Germany with the refugee travel document and i never faced any issues but sometime the german officer keep looking at the refugee document and wonder what’s that !! hahaha then he/she called the supervisor and in 2 mins i was good to go so the officer might be confused while looking at your refugee travel document but no worries you will end up enter the country
Hey Memo, you went to Germany without a visa, right?
It looks like you got some help, but I would check the embassy website – sometimes the embassies give you info about travel with an RTD. Then you can print that and take it with you, so you can show the people at the airport when you arrive, since they may be confused by the RTD. Take care, Jason
No need a visa to The Netherlands, am 💯 percent sure, but even though call the embassy and double check
Hello Jason and all the community members,
I am derivative asylee recently got gc waiting for RTD not sure whe it will come. My grandmother and my husband dad is very sick, it’s been 12 years me and my husband did not see our parents amd relatives, we really want to visit our home country with our us born child to reunited with our parents and relatives. Our parents are old and want to see our child.
This is a great platfrom where people share their thoughts amd experiences, I am here to request if anyone visited thier home country with thier GC+ COP passport(as the RTD taking more then one year we renew our cop passport for emergency)
What type of question the immigration ofgicer will ask when enter to US?
What type of evidence we have keep handy when I am returning to USA?
Is there possibility that immigration officer separate us from our child?
Is there any other information or experiences that you like to share it will be a great help .
thank you
I wrote a post about this issue on January 6, 2016 and maybe that will help, as it discusses different situations. For example, if you fear harm from the government (as opposed to a non-state actor, such as a terrorist group), it may be harder to explain the return trip. In short, as long as the trip does not cause the US government to believe that your original asylum case was fake, you should be ok. So you should be prepared to explain why you returned and how you stayed safe. I think it is also relevant to show that you tried to get the RTD, but could not because it is too slow. I have had clients make this trip and they have been fine (so far). They generally fear non-state actors, and so it is easier to explain the trip (it was short, they stayed home with family). Regardless, if you are prepared to explain when you return and at your citizenship interview, that will reduce the chances of a problem. Take care, Jason
Hello Jason,
If I am asked by the occupying army to spy for them in return for safety. However, I never did. The circumstances were that I was arrested and they were beating me (torture), in between their officer told me that if I let them know what is happening in my village/town (spy/informer – I don’t know what word I can use) they will not harm me and my family. How does it effect my asylum claim?
Thank you!
It sounds like you did not give them any “material support” (money, information, etc.), and so I do not see how this would have a negative effect on the asylum case, though you might want to have a lawyer look into this and get all the facts so you know for sure. Whether this incident alone would be enough to win an asylum case, I do not know, as that depends on the facts, but it could be part of the case. Take care, Jason
Hi Jason, my brother arrived legally in the US, but he was taken to the Stewart Detention Center in Georgia from Washington Dulles airport for the reason that we don’t know. He remains there without a court hearing scheduled. We’re uncertain when it’s advisable to engage a lawyer for his case and proceed with an asylum application. Could you provide guidance on when and how to find a suitable lawyer while he’s still at the detention center? Or any other advice you may have on what we shall do? Thank you so much, Jason!
He should have been given some idea about what happened and he should have received some papers as well. He should also have an ICE officer assigned to him who he can ask about what is happening. All of these are “shoulds” and the system often does not work as it is supposed to work, but a lawyer in the Stewart area would be familiar with the process and should be able to assist – by asking for bond, obtaining documents, communicating with ICE and the court, etc. I do not have anyone to recommend here, but you can go to http://www.ailalawyer.com and maybe find a local lawyer there (lawyers in AILA tend to be more trustworthy than average, but you still have to talk to the person and make sure they seem ok). Most people in detention tend to be released relatively quickly, and so hopefully, that will be your brother, but talking to a local lawyer is a good first step. Take care, Jason
Hello, it’s been almost a year since I applied for my work permit renewal (I-765) I received the receipt notice letter after 3 weeks but there is no update after that am still waiting for the my work permit, is there anything I can do or is this common to wait this long this days?
If you filed before the old card expired, you should have received a 540-day extension on that card (the receipt should explain this). For people who filed when you filed, we are seeing long waits. People who file today seem to have shorter waits, but I think your situation is “normal” and that as long as you have the automatic extension, you should get the new card before that expires. Also, the new card should be valid for 5 years, so that will make life easier. Take care, Jason
Hi Jason, can I ask for advice?
We were granted asylum and obtained Travel documents 2 times in the past.
In June 2022 we had to urgently leave the U.S. for Ukraine (not a country of feared persecution) for a family-related situation and before our departure, we applied for Travel Documents (form I-131). Unfortunately, the mail envelope was delivered late, the next day after our departure. For some reason, I believed that the date of application was the date the envelope was sent out, but not accepted by USCIS.
This led to two consequences: 1. Our case was denied because we left before acceptance by USCIS and 2. Because of the longer processing time, more than a year has passed since we left which is a requirement for filing I-131 being outside of the country.
Now we are trying to understand what is the best option for us to obtain Travel Documents to get back to the U.S. Options:
1. File i-131 despite being more than 1 year abroad or
2. try to somehow ask for a re-opening of the previous I-131 case that was denied because of a slight delay in mail delivery.
(Is there a possibility officer at the border let us in with just asylum confirmation?)
Sorry for a longer read.
Thank you.
That is why I always suggest that unless you become a US citizen. Do NOT leave the US because you may face the consequences that you won’t be let in !
@dont understand
People like you shouldn’t be giving advice with that kind of ignorance. We all have traveled and returned with travel documents. You don’t need to be a U.S. citizen to travel freely. You just need to have Green Card, Refugee travel documents, or AP. But to think that you need to be an American citizen to travel is like living in a different world. ZZZZZ keep sleeping dude.
I do not think that is realistic – if you have a document that allows you to re-enter, and it is valid, you should be allowed to re-enter. I have never seen or heard about anyone with a valid re-entry document being prevented from returning to the US. Take care, Jason
I mean…in addition to the consequences of not getting in. It’s possible the countries you are travelling to may have extradition agreement with your country of persecution. Even if you bring your green card, you will be treated as a citizen of your original country and US embassy won’t be able to help… This happened to one of the dissident to a country. This person has a US green card, he traveled to a third country. The country of origin demanded his return from this third country. And this third country returned him. US embassy declined to help. So just be aware of that…I always suggest immigrants not to travel overseas until naturalization …
Seeking asylum comes with many costs unfortunately, not seeing families for a long time is one of them. If you decide to embark on this asylum journey, this is going to be one of the side effects.
I am not sure about the best approach here. I would start by contacting the US embassy (in Ukraine if you are currently there; or somewhere else if the embassy is not fully operational). See what they advise. I think the length of time you have been outside the US may be a factor, and so the sooner you try this, the better. One option might be to try for emergency humanitarian parole, which is also form I-131. You might want to have a lawyer look into that option for you, as I do not know whether it would work, but it is an idea. I do think the first step is to see whether the US embassy can help. Good luck, Jason
It looks like Biden is poised to severely limit asylum in order to strike a deal with congressional Republicans. Would interior affirmative asylum seekers still waiting for an interview be affected ? What’s the fallout ? What can we do to changed the trajectory of the events ? Do you and other asylum advocates plan to do anything ?
I hope this serves as a cautionary tale that this is what you are going to get should Republicans like Nikki Haley is elected…We really should keep Democrats in the White House and Congress and courts forever !
Hi Jason,
I want to share about my case. My final hearing was in Santa Ana court, CA in june 2022 and judge dismissed my case without hearing. I filed for appeal at BIA in july 2022 and since then its pending. Can you please tell me what should i do to expedite the process or what would happen next?
I want to send letters from my family to BIA and what is the procedure to send those?
If the case was dismissed without a hearing, are you certain that appealing to the BIA was the right move? Should you have asked the judge to reconsider or re-calendar the case? If an appeal was appropriate, I do not think it will be easy to expedite, but you can try. I would file a motion (a formal request) to expedite and include evidence about the reasons why you need to expedite. These could be letters from your family, medical reports or any other evidence you think might convince the BIA to move the case faster. If there is an emergency, you can put the word “emergency” in the title of the motion and maybe that will get their attention. Remember that a copy of any document filed with the BIA must also be filed with DHS (the prosecutor). It would be better to have a lawyer assist with this if possible, as it is a little complicated. I did a post on April 20, 2017 that talks about expediting with the Immigration Court and maybe that will help a bit. Take care, Jason
Thank you for your response. I didn’t know anything about how to proceed when my case fot dismissed. My attorney told me to file an appeal with BIA and this will come back to judge to hear the case. It was last year in Santa Ana court when judges there were dismissing almost every case. I will follow your instructions on this. My attorney has already charged me $15000 and I cannot pay more . Will try to put everything by myself.
I think you should at least try to talk to the lawyer. The lawyer knows the specifics of the case and so it certainly may be that an appeal is the best choice. I do not know the case, and so maybe what your attorney calls “dismissal” is something else under the law. Hopefully, the lawyer can at least make sure you understand the status of your case and that you have all relevant documents. Take care, Jason
I actually want to follow up with the issues presented in this conversation.
It appears that this lawyer charged @GOPI hefty money but rendered @GOPI subpar or misleading services in their immigration matters…@Jason, do you think @GOPI is scammed ?
It is a lot of money, but it depends on the case and the lawyer, so I really cannot say whether the person got the service that was paid for. Take care, Jason
Hi,
Can i ask you what was the reason for dismissing?, i had my hearing at Santa ana too waiting for judge decision, can i ask wjat was the judge name?
My two cents – for most cases where there are not criminal or national security concerns, the person is not a removal priority, and DHS (the prosecutor) may be willing to dismiss. You have to reach out to them and if they agree, the judges will usually dismiss. You can find DHS contact info if you follow the link under Resources called DHS Office of the Chief Counsel. Take care, Jason
Did they tell you WHY they can’t give you the decision?
How long have you been waiting for?
DHS attorney and my attorney had conversations about 15-20 mins. DHS attorney wanted to dismiss the case and my attorney was arguing and asking judge to have the hearing. Name of the judge was gregory simmons. He didn’t give any specific reason for the dismissal. It happened last year when Santa Ana court was dismissing all the cases. So my attorney said you can either apply for again at asylum office or file an appeal with BIA. While checking online, it says my brief were received by the BIA but DHS haven’t submitted anything. Is it possible that BIA can also decide cases based on the documents?
The BIA almost always decides cases based on the documents alone. It is also normal that DHS does not respond to a BIA appeal. It sounds like your lawyer is trying hard to get you a hearing. If the BIA upholds the dismissal, I guess you will have to file again at the asylum office. It is really very unfair, but that may be the only way (or maybe your attorney will recommend going to federal court to keep fighting; I guess you will see what happens). Take care, Jason
Hi Jason,
I have a question, I have pending asylum in NYC, I moved to a new address and changed my addres online, it has been almost 2 months but I haven’t received confirmation from uscis about address change. When I tried to chat with agent online, they say “we can’t see asylum case related information”, when I called local asylum office, they said “uscis address changes don’t change address with us”, for a month I can’t get asnwer on whenever Uscis has updated my address or not. I’m about to renew ny ead so I need to verify that all the documentation and new ead card will be mailed to the correct address. I’m not sure what else can I do just to get confirmation that my address has been updated.
P.s. has anyone updated their address online and received confirmation?
There normally is no confirmation, aside from what you get when you submit the online change of address. You can also print and scan form AR-11 (available at http://www.uscis.gov) and email it to your asylum office (the NYC office if that is where the case was before you moved). You can find their email if you follow the link under Resources called Asylum Office Locator. In terms of the EAD, you will have to put your new address on the form I-765, and USCIS will send your mail to that address, so I think this should not be a problem. Take care, Jason
Hello Jason,
If I move to a different city the level of threats and harassment (persecution) lowers specially if I don’t express my political opinion. However my nature doesn’t allow me to express my political opinion and at times religious opinion. Question I have:
a) Will the asylum officer argue that to stay safe why would you or your shouldn’t express your political opinion?
b) Does this lower level of threats, harassment (persecution) comparing my home town negatively effects the outcome of asylum interview?
c) Will asylum officer question that why did I disclosed my ethnicity and political opinion if I feared locals and authorities in cities other than my home town?
I have heard that the asylum officer basically only listens to you and doesn’t necessarily try to question in a way that might be very interrogative. So I don’t know how will the asylum officer approach.
Thank you for all your help!
a – They should not, as you have a right to express your opinion. That is the whole point of asylum. But if they did ask about this, you could explain that you cannot keep quiet and also, you already expressed your opinion, and so it is known to people who may want to harm you. Even if you stopped speaking out, your political opinion still puts you in danger. b – Maybe, but that is why you need to explain that it is not reasonable to relocate within your country. This is very fact specific and depends on you and conditions in your country. c – I doubt it, as you cannot really hide your ethnicity and your political opinion seems like it was already known. I do think you should think about these types of questions so you can explain to the officer if you are asked. In terms of the questions, they do ask you questions and probe for problems in the case. Different officers conduct their interviews in different ways, but you should expect them to question you and challenge you on points that are not clear. Take care, Jason
Don’t you find it strange that people all over the world come to the U.S. to seek asylum ? Like… There are 190+ countries in the world, why does a person, except canadians and Mexicans travel all the way to the U.S. to seek asylum ? Theoretically, they could always ask for asylum from a neighboring country ? And if the neighboring country fails, then next neighboring one ?
So I really do agree with the transit ban… Like it is completely reasonable for asylum seekers to ask asylum along the way, and if they reach US, they have to show that all the countries they traveled across denied their asylum…
In my opinion, most asylum seekers here are after U.S. residencies/citizenship. They could obtain asylum from other 190+ countries but they didn’t , they voluntarily, willingly, chose to seek asylum in the U.S. this I feel constitutes reasonable evidence that their asylum request is a secondary objective, their primary objective is to obtain US citizenship. And I dont think these people have good moral characters and should be denied asylum accordingly by discretion.
Many countries around the world shelter refugees, and so the US is not particularly special in that regard. People go to a place where they have family or can be safe, so I think the fact that people come here can be taken as a compliment. But if they had an offer to remain permanently in a third country, that would bar them from asylum in the US. Take care, Jason
Is there anyway we could enforce these so-called asylum seekers to actually ask for asylum in their way to America ? If they purposefully don’t ask…they this is reasonable evidence that they are not actually primarily seeking asylum…
I mean I am just wondering…
The law could be changed in any way we (Congress and the President) want. Trump tried something like that, but I think it was blocked by the courts (or maybe revered by Biden; I can’t remember). Take care, Jason
Hello there, I’d like to share some insights on why some people avoid seeking asylum in neighboring countries. As an asylum seeker, I’ve known individuals from my country who fled to nearby nations, only to face extradition home. Despite seeking refuge, their home country labeled them as criminals, resulting in severe sentences. Escaping a troubled country may not ensure safety in neighboring ones with similar issues, creating a complex decision. Additionally, the USA promotes itself as a free country valuing human rights. How many other English-speaking countries, where people are more likely to escape due to a familiar language, share these qualities?
I did a post on July 24, 2014 where I discuss the idea of barring asylum seekers who pass through Mexico. That post basically says what you are saying. In short, a country like Mexico (and many other countries) is not always safe for refugees, and so they look for somewhere that they can live safely. Take care, Jason
Hello there, I’d like to share some insights on why some people avoid seeking asylum in neighboring countries. As an asylum seeker, I’ve known individuals from my country who fled to nearby nations, only to face extradition home. Despite seeking refuge, their home country labeled them as criminals, resulting in severe sentences. Escaping a troubled country may not ensure safety in neighboring ones with similar issues, creating a complex decision. Additionally, the USA promotes itself as a free country valuing human rights. How many other English-speaking countries, where people are more likely to escape due to a familiar language, share these qualities?
Hi- Jason already responded to you; please permit to also share my opinions on your concerns. Hopefully some of my responses can also help allay some of your fears or concerns.
To answer your first question- no, we don’t find it strange that people from all over the world come to the US to seek asylum/refugee. Why? There are a couple of reasons. Firstly, the US is a party to the Protocol- a key treaty in international refugee law- and US asylum laws expressly say that anyone can apply for asylum- whether or not they are in the US or at a port of entry/ at US-Mexico border. Secondly, the US, unlike many of the 196 countries in the world, has always prided itself as a beacon of true democracy, freedom of speech, freedom of assembly, freedom of expression, freedom of the press, freedom of religion, etc. It is rather disingenuous of you to say- knowing very well that many of the 190+ countries in the world are authoritarian and oppressive- that asylum seekers could go to these countries as an alternative to seeking asylum in the US. Further, many of these 190+ countries don’t have the resources, like the US, Canada, Germany, etc., to effectively absorb people seeking refuge/fleeing persecution en masse. Third- a lot of the people who opt to seek asylum in the US have family members and friends that they can rely on for support (moral and financial) during the long, life-sucking, and arduous asylum process. Fourth- a lot of the people who seek asylum in the US are from countries that are geographically close to the US. Given the proximity to the US, and given that some asylum seekers are usually fleeing abject poverty and displacement, it stands to reason, then, that they would flee to a country that is close to their home country and one that would treat them with some degree, or a modicum, of respect.
As for asylum seekers’ intent- respectfully, it is not for you to decide. The US has a system in place- though it doesn’t necessarily operate like a well-oiled machine- to determine an asylum seeker’s eligibility for asylum. That is why, for example, an affirmative asylum seeker can start his/her asylum claim at the asylum office and then go through the legal process of appealing the case if s/he was not successful at the initial stage of the affirmative asylum process. Do all asylum seekers meet the definition of a refugee under US and international asylum laws? Absolutely not. But like I always say, a strict definition of who is a refugee can’t, in practice, deter people who are fleeing persecution/starvation, for example, from coming to the US for refuge. It is inherently human to flee violence, persecution, starvation, famine, natural disasters, etc. This is nothing new. In fact, the so-called founding fathers of the US fled their oppressive government, and because of their experience, that essentially paved the way for what we now have in the US- a society where people, including those who are undocumented, are free to do whatever they want, so long as they are not harming anyone or infringing on anyone’s rights. In fact, aside from emigré and escaping religious persecution, a lot of the people who came here from Europe in the 19th and 20th centuries fled persecution because of their “race” and ethnicity- sort of like ethnic or racial “cleansing”- and because they were looking for better economic opportunities. I’d actually wager, in fact, that the preponderance of those who immigrated to the US in the late 19th and early 20th centuries were economic migrants. Kindly also note that many of the things that are pushing these asylum seekers to flee their home countries are caused by powerful and more advanced countries like the US. Many of these “push factors”- some of them could be reasonably described as crisis-inducing (war, natural disasters, and starvation, for example)- don’t just operate in a vacuum or appear out of thin air- they were created/caused, perhaps unintendedly, by these more advanced and powerful countries. Thus, from a moral standpoint, hearing these people’s asylum claims is the least the US could do. This has nothing to do with their moral character.
Imagine the fear, anxiety and depression that can cause just knowing that you asylum interview is scheduled there. It’s like enduring another torture. Jazon what else can done after this report? Do you think that congress should be involve or at least the ones representing New York to ask for better treatment?
Unfortunately, I think that no one in Congress really cares, and that is how they get away with not fixing things. While I think leadership at USCIS theoretically cares about this, I think they have too many other things to worry about and I also think that as a bureaucracy, they can barely get anything done, even when they want to. Hopefully, this report will get more attention from the media, and that may push USCIS to take some action. We shall see. Take care, Jason
It is very clear that 80% of the American people do not want immigrants anymore, and even the Congressmen and law makers do not like the idea of even caring about immigrants matters!!! Therefore, people need to start moving more to Australia and Canada because America is not like it used to be for immigrants!!!
I myself cannot wait to become a citizen in 2027, so then I can move to Europe. I am not from Europe, but the life is much easier and quite there in lifestyle.
America is only good in terms of business and financial matters. It is torturing to be a citizen here.
Can you imagine that I will be a US citizen after spending 11 years in the US?
I have friends in Canada, who became Canadian citizens 5 years after the day they started their asylum journey.
guys you need to focus more into immigrating to Canada, Australia and New Zealand is better and easier for you.
The process is a mess here, but people often do not have a lot of choice about where they go. I would love to say that I think we will get our system in order, but I doubt it. Of course, most other countries are no good at this either, and so I guess we are not alone. Take care, Jason
Hi Jason,
Hope all is well.Thanks agin for the answers I asked you multiple times,appreciate for that.
I am waiting my master hearing at IC in NY for almost 2 years.And i don’t know how long I need to wait
for master hearing after that individual too.
So i have some questions if I can do untill i will not schedule.I have 2 kids with my application one of them has just graduated in computer science. Right now all of us have 5 years C08 EAD we just renewed.
Now my questions are as below.
1.My son is trying for internship in some companies,office and there is options if he needs to apply H1b.
so can he apply H1b ? I think H1b is only for international students. Can he apply for H1b during a valid
C08 EAD?
2. If he is able apply for H1b does he needs to dismiss the IC process for other status?
Looking forward to hearing.
Thanks Jason.
Best regards
Jhampa
1 – He can apply for an H1b, but if he is approved, he would probably need to leave the US and get the H1b overseas. In other words, he is probably not eligible to change from his current status (asylum pending, which is not really a status) to H1b. Leaving the US will be very difficult, as he would probably need to get the court case dismissed or get Voluntary Departure and then leave (otherwise, when he leaves, he will have a deportation order and will not be able to return with the H1b). There are various exceptions to these general statements, and so he would need a lawyer to review the specifics of his case to see whether anything can be done. To be honest, I doubt it will work, but if he plans to try this, I would have the lawyer write down step by step how he will get from where he is now to having an H1b, including whether he needs to leave the US, how that will work, where he will go, and what he will do if something goes wrong at the embassy and they refuse to issue the H1b. 2 – At some point in the process, he will probably need to do that, but I would sort the whole thing out in advance before trying anything. Take care, Jason
It looks like Biden is poised to severely limit asylum in order to strike a deal with congressional Republicans. Would interior affirmative asylum seekers still waiting for an interview be affected ? What’s the fallout ? What can we do to changed the trajectory of the events ? Do you and other asylum advocates plan to do anything ?
I hope this serves as a cautionary tale that this is what you are going to get should Republicans like Nikki Haley is elected…We really should keep Democrats in the White House and Congress and courts forever !
If any law is passed, I doubt it will have much effect on those in the interior. In fact, if it slows the number of people coming to the border (by deterring migration), asylum officers will then have more time for the affirmative asylum backlog, which is now over 1.1 million cases (and remember that some cases have a spouse and children, so it is many more people). Take care, Jason
Thanks Jason for your valuable time and response.
Best regards
Jhampa
agreed 100%.