During the height of the pandemic, the Asylum Offices provided interpreters for applicants. However, since September 2023, USCIS has required asylum applicants to bring their own interpreter to the interview. This can be a problem for some applicants, as interpreters can be expensive. Also, some interpreters are better than others, and a bad interpreter can make it more difficult to win your asylum case.
Today, we’ll discuss who can serve as an interpreter. We’ll also talk about how to work with an interpreter, and provide some tips for the interpreters themselves.
Not just anyone can serve as an interpreter. According to USCIS, an interpreter must be 18 years old or older, and cannot be–
- a witness in the case
- an individual with their own pending asylum application
- your attorney or accredited representative
- a representative or employee of your country of nationality
And obviously, the interpreter must be fluent in English and your language. Failure to provide an interpreter who meets these requirements can result in the asylum application being dismissed or denied. USCIS states—
If you need an interpreter and do not bring one, or if your interpreter is not fluent in English and a language you speak, and you do not establish good cause, we may consider this a failure to appear for your interview and we may dismiss your asylum application or refer your asylum application to an immigration judge.
This does not mean that you have to use a professional interpreter or even pay for an interpreter. If you have a friend or family member who meets the above requirements, that person can serve as your interpreter. In fact, for most of my cases where the person needs an interpreter, they use a family member or a friend (though it is probably better not to use a close family member, like a spouse, child or sibling).
When working with an interpreter, there are a few things to keep in mind–
- If you have a long sentence, break it into pieces so that the interpreter can translate each part. If you talk too long, the interpreter may not remember everything you say.
- Be sure to allow the interpreter to complete the translation before you continue speaking.
- If you hear the interpreter make a mistake, you can say something. Normally, I tell my clients to clarify the statement using their own language and if that does not work, they should clarify in English (if they can) or at least let the Asylum Officer know that something is wrong. Ultimately, if the interpreter is not doing a good job, it may be necessary to stop the interview and reschedule, so you can get a competent interpreter.
- When you use an interpreter at an asylum interview, there will be a second interpreter on the phone. The job of this person is to monitor the interview to be sure that the translation is accurate. Because the telephonic interpreter needs to hear, it is important to keep your voice up. Also, if the in-person interpreter and the telephonic interpreter have a disagreement, they can explain their positions to the Asylum Office, who will make a decision. They should not argue with each other.
- Try to talk with your interpreter before the interview, to make sure you both understand each other.
- Sometimes, an asylum case involves discussing difficult topics, including sexual violence and sexual orientation. In such cases, you may not want a friend or relative to know these details, and it may be better to use a professional. Also, you should be comfortable (or at least able) to discuss such details with whoever serves as your interpreter.
Many asylum applicants use non-professional interpreters, as that is more affordable. If the interpreter is not familiar with the asylum interview process, it may be helpful to review this article, which discusses what happens at an interview. Also, the interpreter should remember the following–
- The interpreter should translate what you say (and what the Asylum Officer and anyone else says) word for word. If you speak in the first person (“I am seeking asylum”), the interpreter should translate your words in the first person. The interpreter should not say, “She said that she is seeking asylum.”
- The interpreter should not add context or additional information. If the Asylum Officer needs more information, she can ask another question.
- The interpreter should not paraphrase the original statement–they should simply repeat exactly what was said, but in the other language.
- The interpreter should not be afraid to stop the applicant from speaking if she is talking for too long. The interpreter can raise his hand or simply ask the applicant to pause. It is very difficult to remember long statements, and sometimes, applicants (and officers) talk too much. The interpreter has to stop them from speaking in order to make an accurate translation.
- It is a good idea to have a language dictionary for any words that the interpreter does not know (they can also ask for help from the telephonic interpreter). The interpreter should have a pen and paper, so they can take notes and spell words for the officer.
- The interpreter should come to the interview with a government-issued photo ID, such as a driver’s license or passport.
- Finally, the interpreter should dress appropriately for a formal setting.
It can be challenging for non-professionals to interpret an interview, even for people who speak both languages very fluently, and so if you are not confident that your interpreter can do the job, it may be worth finding a professional. An interpreter can make a difference in the outcome of your application (for better or worse), and so it is important to use someone who can do the job and who you feel comfortable working with on the case.
The translator made a mistake on the dates, on my history that I’m sending to USCIS and court can I put the original dates and also should I clarify that on my testimony, what is the right way to proceed if the document of credible fear is not accurate ?
I am not sure which document is incorrect, but I think you should explain the error and how it happened. If the error was due to a translator, you can have another translator review the documents (or testimony if you have the original testimony), make corrections, and then write a letter explaining that the translator made corrections to the previous translation. I am not sure if this answers the questions, but I do think you need to explain this somehow, and it would probably be best to do that in writing prior to the court hearing. Take care, Jason
I don’t think people who only speak one language would understand the importance of having interpreters and providing ones with proficient ability to interpret. I don’t think they understand that language is a very delicate subject. Particularly in judicial matters that is when language is the most important. Having an interpreter is vital for the main person the hearing is for. Therefore not putting much time and effort into this is pretty concerning. Organizations are supposed to be efficient and cost-effective. Why make things more complicated? To decrease the morale of the applicants. People are just so out of touch with others and that is unfortunate. I pray everyone will move forward and get the answers they need and they help and assistance that’s needed for them. -xoxo Gisela
I agree – an interpreter can make a big difference in the case. Since the asylum office does not supply interpreters, applicants must provide their own, and sometimes they have to use a friend or family member (since interpreters can be pricey). Some asylum officers are pretty good about providing guidance, and I think that should be standard procedure when non-professional interpreters are used. Take care, Jason
A lot of times, I feel alone as an asylum seeker in the U.S. I don’t feel like a normal human being and I always feel inferior to people around me…I am begging for a favor from the US government…such dynamic is not very appealing…I guess at least I am not alone in this. So where can I find about other asylum seeker’s experience…
It has been 7 years waiting, I know the pain and we are in the same boat, but as for me, I have decided to leave.
We are all here , we are waiting for so long !! But this blog give us hope . You’re not alone .
Hello Jason, how are you doing today?
I’m 2023 my case was deferred to the court as the Texas office did not grant me asylum, since then I have graduated with a masters and have a job offer of a start date in August 2024 for one of the largest health systems in USA.
I was trying to ask , is it worth it to pursue and apply for EB2 visa (self) ; can a pending asylee be approved for this? Just finished my masters and I meet the requirements for this VISA, any thoughts?
It would be very difficult to pursue an EB2 when you are in court. I think you would need to either dismiss the court case or get voluntary departure and then process the application overseas. Maybe there is a way to do that inside the US (based on a law called INA 245(k) or maybe some other exception to the general rule), but I doubt it. Leaving the US can be risky, especially since it would be a bad idea to go to your home country (since you have an asylum case from there and returning home could cause USCIS to think the asylum case was fraudulent). I wrote about these issues on August 28, 2018 and September 6, 2018, but you would really need to talk to a lawyer to have the lawyer explain step by step how you would get from where you are now to having a GC, whether you need to leave the US, what is your back-up plan if you leave and something goes wrong, and what are the risks. Take care, Jason
Thanks for the reply, I am thinking of abandoning my case since I just got PR through work for Canada, what do you think is best for me to do:
1, Dismiss case (withdraw)
2. or request a voluntary departure.
What are the pro and cons of each and how long it takes, as I am moving to Canada a week before the expiration of my Visa to keep my employment in the USA also when I pick any of the above, can I continue to work for my USA company remotely in CA, my EAD expires in 2026?
I am not planning on going back to Congo at all, I just want to be able to get a visa for the USA next time I apply for it,
Sometimes the judge and DHS (the prosecutor) will agree to dismiss your case. I wrote about that on June 8, 2022. I am not sure if there would be much difference between that and voluntary departure. With VD, you have to leave within a certain period of time (maybe 60 or 120 days, depending on whether you got it before or after the final hearing). If your case is dismissed, you will be here unlawfully, and so you should also leave quickly, since if you have 180 days or more of unlawful presence and you leave, there is a bar to your return. Take care, Jason
Hi Jason,
I’m an asylee and my green card application os pending. I have RTD but as you know itself only good for 6 months to actually use it. I want to renew my country passport using work permit as i want to travel (not COP) for business purposes. Do you think renewing my passport could cause problems in my GC application? Would they know that i have renewed my passport? Government in my country does not have any way to find out who has applied for asylum overseas and can deny passport. Many of my friend have renewed their passport. Or should i wait to get gc first?
Please let me know.
I have many clients who renew the passport. It is not ideal, but given the limits of the RTD, many people have no choice. You should be prepared to explain why you renewed and why your government was willing to issue the passport, as you did above. Of course, if you fear non-state actors, this is a non-issue, but even if you fear the government, I think you can explain and you will be fine. I wrote more about this issue on May 25, 2022. Take care, Jason
Thank you for your response. Would uscis know if i renew my passport? I’m worried about my gc also. They might ask about this if i get a GC interview. Or should i wait to get the gc first?
Please let me know.
I think they will not know. However, if you go to them for an interview, or you file another application (such as the naturalization form), they will likely ask about your passport. Take care, Jason
Hi Jason,
I have added my spouse as a dependent to my asylum pending case before her B2 visitor visa expired, however, USCIS replied back asking for more evidence after her I94 expired. We submitted the requested evidence right away and received a final confirmation of her adhesion to my asylum pending case 3 months after the I94 of my wife expired. Is that considered a visa overstay? Would she have any issues if she travels alone under an advance parole or if she would like to apply for another visa?
I do not know whether it would be considered an overstay, but for purposes of Advance Parole, it does not matter. If she has valid AP, she can re-enter the US whether she overstayed the visa or not. I wrote more about AP on September 11, 2017, if you are interested. Take care, Jason
Hello im an asylum applicant with uscis. I have a work permit also and im waiting for my interview since last year. My landlord kicked me out can i use usps postbox or mailbox as my address for immigration and banking purposes. And dmv and other thingsThanks
I am not sure about the DMV, but you can use a PO Box for your mailing address for the asylum case. You will also have to give them a physical address, but the mail is the most important and a PO Box should be secure and permanent. You might also want to look into USPS Informed Delivery, so you will get an email showing your mail. That way, you will know if an interview notice (or any other notice) is coming and you won’t have to keep physically going to the post office to check. Take care, Jason
Hi Jason,
Thank you so much for all your assistance! My husband applied for asylum six years ago and recently requested an expedition two weeks ago. We’ve just received a biometric appointment for our children (aged 16 and 13). Do you believe this is connected to our upcoming case interview, or is it merely a coincidence?
It does seem like a big coincidence, and so it is possible that it is related (although, who knows?). I would make sure everything is ready to go, just in case they schedule an interview. Take care, Jason
I have found what I believe credible support for future fear and there are non-govt reports and news article that says there are people who are like me who are harmed but who the government appeared to fail to protect. My question is, how many do I need ?
5 ? 10 ? or more ?, I am worried that the immigration judge will say, you only have a few isolated incidents where people of my particular group are harm, it’s not a general trend and you can’t simply speculate that you will be harmed if returned…what would be a good threshold to prove the prevalence of harm that people of my PSG experienced ? One obstacle is that, people of my particular social group are only like … less than 1% of the population, and I’d imagine there will even be less that make it to the news…and it makes country condition research very difficult…
We usually submit a few pieces of evidence from credible sources and that is usually enough. But it depends on the case, and if you feel more is needed, you should err on the side of submitting too much rather than too little. Take care, Jason
That’s good to know. Now I guess I only hope country condition doesn’t change(improve). In order to prevent that, I might want to do mandamus…since you don’t do that…I wonder how does your office coordinate that ? Does the client just give you a heads up saying “I filed mandamus and the interview might come soon” ? Since I imagine that if a client does mandamus, then s/he could be scheduled unexpectedly and it might disrupt your schedule……
Yes, it is always important to keep the lawyer informed if you take any action in the case; otherwise, they often cannot assist you. Take care, Jason
I have some questions I want to ask regarding future fears…
In many asylum cases, people hid and behaved to avoid harm by private actors, so no past persecution. So that only leaves future fear…But in order to show that, I find it very hard to prove…because although there are reports showing a certain group of people are largely discriminated against and some of them are harmed…a lot of times, it doesn’t make it to credible news resources…I couldn’t find many…I am worried that, since country condition is not very helpful and I couldn’t find many resources to prove my claim…I will be denied asylum…
I may only try to find country condition expert…but where can I find those people ?
That aside, do I have to worry that I will be required to prove that me personally will have a chance to be harmed ? (I cannot seem to prove POPOP because most people hide and behave to avoid harm…that means no past persecution…) Cause, I worry that I will be challenged in immigration court that “okay, why will YOU be harmed ?” I don’t know how I can prove that I will be harmed … because it’s quite possible that I will not be harmed…how am I supposed to prove a future event ? like only god knows…
@future fear
Bro don’t you have anything important in your life rather than coming here to waste jason and the asylum seekers time? You’re a redneck from KY or TN so what ya doing here for real? I hope jason just ignore replying to you so you get bored and leave
My economic situation has gotten a little better, so now I am thinking about my asylum case.
You need to get evidence about what happens to people like you, or of threats against you or your family. News articles, human rights reports, expert opinion letters (professors, diplomats, journalists, etc.). And you can explain why you fear returning and who you think will harm you. Take care, Jason
Thanks for your opinion, just a follow up: Do I have to worry that immigration judge will consider it a missing link ? Because how can we equate there are people like me who are harmed ( because of that trait) with there exists a possibility that I will be harmed ? For example, Christians in majority Muslim countries are harmed. I can find many news articles. But…I frequently see that immigration judges dismiss it as general violence and the petitioner fails to prove an individualized fear… I can also see it from the results. Many Christians are harmed in majority Muslim countries and I don’t believe that all those Christians will be able to qualify for asylum based on a future fear because of that general treatment… Am I right ? I just want to be very cautious in proceed because while some immigration judge is nice, some are determined to issue removal orders, I just want to prepare as if I will face a tough immigration judge.
All you can do is gather as much evidence as possible to make the strongest case you can. I will say that it is certainly possible to win an asylum case even if there are many people similar to you living in your country, but you need evidence to show the possibility that you will be harmed. Take care, Jason
Would my testimony alone be enough…I don’t have the money to gather and obtain evidence that may or may not attainable…
It can be, but the law requires you to get evidence that is reasonably available, and so you should try to do that. It does not really cost much to get letters from people, copies of your education and work documents, etc., and country condition evidence from the internet. Take care, Jason
Hello Jason,
Hope you are doing well. I am Asylee. My dad who is 85 years old living and totaly dependent on me. He got his hip surgery two months and had a swear heart attack 10 days ago. He also has memory loss problem for few months. His asylum interview is scheduled next week. He unable to do his interview by himself. Can i present my self for his interview with him?
Thank you.
JImmy
Hello, I cannot find the answer to this question anywhere. My asylum case for April 2023 was approved. My documents were received in October. I’ve been waiting for about 4 months. When will my green card arrive? Will they interwie me again? Thank you very much, I would be very happy if you answer.
You have to apply for the GC by filing form I-485, available at http://www.uscis.gov. You do not have to wait one year after winning asylum to file – I wrote about that on February 8, 2023. You do need to satisfy the requirements for a GC listed in the I-485 instructions – basically, being physically present in the US for 1+ years (this is discussed in the article I mentioned) and good moral character (no criminal issues), but you can check the instructions to see all the requirements. Take care, Jason
You can do that. If you have any legal papers related to guardianship, including a living will, you can bring those. If not, you will need to explain the situation to the officer and see what they say. You should probably also bring his medical records and – if you can get it – a letter from the doctor explaining his situation. Take care, Jason
Hello jason
Do you have any idea when will the USCIS extend the RTD validation this year?
I do not know if they will do it or when they will do it. I do know that it has been under active discussion recently, and so hopefully, they will make that change soon. Take care, Jason
Hello Jason and thank you for helping us. If my lawyer does not show up on the day of the interview in the asylum office, can I sign a waiver form on that day and do my interview without the lawyer?
You can. However, you should know in advance whether the lawyer will show up. Sometimes, there are emergencies, but if the lawyer has a contract to attend the interview, he should do that. Take care, Jason
Hi Jason,
I hope the new year year is off to a good start.
If you have a green card through asylee,and apply for a travel document. How many years do you get on the travel document ? I was informed 2 years since I have a green card? But just wanted to confirm firn if it’s true.
Last time I applied, I was an asylee and received a travel document that expired after a year. Thank you!
If you get the Refugee Travel Document, it is only valid for one year. If you get a Re-Entry Permit, that is valid for 1 or 2 years, depending on how long you’ve had your GC and how much time you have spent outside the US (check the I-131 instructions for Re-Entry Permits, available at http://www.uscis.gov). The RTD is meant to be used instead of a passport, but the Re-Entry Permit is only meant to re-enter the US. Some countries do accept it instead of a passport, and so I guess you could try that. Take care, Jason
Hello Mr. Jason
Thanks for your help and support to asylum community.
In January 5th 2024 I have applied for EAD and RTD after a week or so I received a notice of action I-797 C for EAD but nothing for RTD. Is that normal?
Best,
John
It is too soon to be concerned. It can take a month or longer to get the receipt. If you do not have it by the end of February, then I would start to wonder whether something is wrong. Take care, Jason
Hi Jason,
Hope all is well, thank you for your answer i asked.
I read your article you post on
April 20,2017 about expedite case in IC.
You have mentioned in that article,However,if an IJ is not assigned to the case.
What is that means? When I checked my case it appears case pending, there are no future hearing for this case.
Docket Date:5/3/2022
So my question is, is IJ assigned my case or not?
I look forward hearing from you.
Regards
Jhampa
If you do not see the name of an IJ, then an IJ is not assigned to the case. However, in this situation, it sounds like the case is off the docket and you will need to file a motion to re-calendar, which returns the case to the court’s active schedule. I would talk to a lawyer before you try that, as there are many variables and whether it is a good idea to return the case to the active docket or not. Take care, Jason
Thanks Jason for your help ,yes when asylum office sent the papers to IC,the court sent me Notice to appear the mentioned the IJ but now when I check automated system there is nothing only thing I can see is this case is pending.
So is it docket off situation?
Or still same judge although it is docket off position?
I look forward your response.
Thanks again
Best
Jhampa
Your blog mentioned a case where a family from Germany lost their asylum case on all levels and have no other relief. But they are permitted to stay.
Have you ever obtained such prosecutorial discretion from ICE on behalf of a client subject to a finalized removal order ? And hopefully a C18 EAD for them ? I remember you were doing a stay of removal case for a client. May I inquire how it went ?
I do not remember having such a case, but I may have done that years ago. It is possible to do that in sympathetic situations or in cases where there is public attention, like the German family. Take care, Jason
Judges frequently change, and so maybe that is the case for you. You can call the court to ask – you can find their phone number if you follow the link under Resources called Immigration Court. Also, for people in court, it is a good idea to have a lawyer, and so you may want to get a lawyer and ask the lawyer to look into this. Take care, Jason
I am waiting for the new year’s country condition, but in your practice, do you see some cases that could have been approved for asylum, but while they are waiting for asylum interview, the country condition improves…and then the asylum application is denied ?
That happens sometimes, but we try to explain it and show that the person still has a danger if she returns. It obviously varies by case, and so what we do varies from case to case. Take care, Jason
okay, thanks
Hi Jason, hope all is well. I will be eligible to apply for green card in next month(granted asylum last year) I don’t/can’t have passport & basically green card is useless for me; I wonder to know if I can just apply for naturalization in 4 years without applying for green card or is it mandatory to have my green card first and then apply for naturalization in 4 years?
Hi Brad! Congratulations on your asylum approval.
My case is still pending in application since I applied in 2017. I am just renewing my EAD since then. My home country passport was expired in 2018 and i didn’t want to apply to renew it. Currently i do not have passport
You must first have the GC before apply to naturalize. You may be able to apply for the GC sooner – I wrote about that on February 8, 2023. Once you get the GC, it should be back-dated one year (so if you got it today, it would be dated January 28, 2023 – not 2024). From that date, you can file for your citizenship 4 years and 9 months later, assuming you meet all the other requirements. Take care, Jason
Hi Jason, thanks for all the information and service you have provided us over the last many years.
In the Fall of 2022, we finally received our Green Cards after waiting for almost 3 years. My Green Card category is AS8, as my father was the main asylum applicant years ago (his GC category is AS6).
After getting our Green Cards, our old attorney told me that I could renew my passport at a consulate (not an embassy) to travel as long as I didn’t go to my country of citizenship since I’m an AS8, but not for my dad. Since I-131 applications take about a year to be processed and are valid for 1 year only, I renewed my passport at the NYC Consulate without issues and traveled to Canada twice by air and by land with no issues coming back (the CBP officer didn’t even ask for my passport when I returned by land, just the GC).
Despite the long wait times and short validity of RTDs, they allow visa-free entry to some European countries, such as Germany and Belgium, so I want to apply for one to maybe travel next summer.
Before getting our Green Cards, I had two RTDs. I used the first one to travel to Canada twice, though I couldn’t use the other one due to Covid restrictions.
Can I still apply for an RTD as “a permanent resident as a direct result of refugee or asylee status” (Part 2, 1.c of I-131) despite traveling with a national passport as a permanent resident?
Yes – you should be able to apply for an RTD as normal. The wait times are long, and you can ask to expedite. I wrote about expediting in general on January 29, 2020. Usually, they will not expedite, but you can try. Take care, Jason
Hi Jason,
I hope you are doing well. I am an American citizen and some of my extended family members ( my niece and her husband along with their 3 small kids ) are living overseas in Afghanistan. I wanted to ask what options are there for me to help them join me here in the US. I know if it was my parents and children under the age of 18 it would have been easy to file a petition and sponsor them but this is my niece and her kids and her husband, so I don’t know what other options do I have. I know USCIS says we can file a parole for our extended family whose life might be at risk in Afghanistan, but parole is a very slow and uncertain process and most people who have applied parole for their loved ones haven’t gotten any positive result from USCIS. Also as per my knowledge in Canada they have a system called “Group five” where five people who either have Canadian citizenship or permanent residency can club together and sponsor a family from Afghanistan, do we have something similar here in the US. I would really appreciate if you shed some light on this and help me find good and workable options so I can help my niece and her family join me here in the US.
Thanks from all your help and support.
I do not know about Canada and so I can’t advise about that. For the US, aside from parole, the only options I know of are the same as people from every other country: work visa, student visa, DV lottery, tourist visa. Unfortunately, as an extended family member, you do not have the ability to petition for them. I would recommend you talk to a lawyer about the specifics of the situation to see what options might exist, as every case is different and there are many types of visas, so maybe something could be done to help. Take care, Jason
Hi Jason, thanks for this.
My husband is an asylum seeker from Venezuela and he is waiting for his interview. I am a dependent in his case (I am from Argentina). We both have EAD C08, but now my company is offering me an H1B visa. Can asylum and H1B visa coexist? Can I still file for H1B and continue to be a dependent in my husband’s case? I feel like loosing the asylum is not a good idea, because we are now in the USCIS shortlist, but still I’d like to be able to travel back home when needed or for work, now under my current situation I can’t.
In case of filing I guess I would need to go back to Argentina to stamp the visa. Would that be risky? Thanks!
There is no conflict between H1b and asylum and you can do both at the same time. H1b is a “dual intent” visa, meaning that the US government does not care whether you want to stay in the US permanently, and that will not block you from the H1b (in contrast, a B or F student visa is not dual intent and if the US government thinks you want to stay permanently, they will not issue those visas). The tricky part is going overseas to get the new H1b. If something goes wrong, you will not be able to return unless you have Advance Parole, so maybe you want to try to get that, and time the AP with your consular interview. I wrote more about AP on September 11, 2017. You might also want to ask your lawyer whether there is any option to get the H1b without leaving the US, as that would avoid the risk of consular processing. Take care, Jason
Hello Jason, thanks for all you do.for rhis community. I want to ask for your advice. I am a derivative of asylum, my wife is the principal. Our case had been pending since April 2017 and no interview since then.
I lost my dad in November 2020, he was sick I could not visit before his death and was buried few weeks later, this was during the Cocid-19 Era.
1. Can I use that as the basis to expedite our case and to request for AP to visit the country? Our asylum case is not a political or government related.
2. Can I include my wife and our child in the AP request with the death cerficate and pictures evidence?
3. Do you think that this is a valid grand for these requests.
4. Can we renew our international passport
Thank you for your anticipated response.
1 – That would not be a normal reason to request AP at this point, since he passed away some years ago. However, you could try. I think a stronger reason would be to visit a sick relative in a third country. I wrote about AP on September 11, 2017. 2 – They would each need to file their own application, but they can file AP as well, as long as they are dependents on your asylum case. 3 – USCIS may grant AP for this reason, but I do not think it is a strong reason for AP, and I suggest you find additional reasons as well. 4 – Yes, and if you do not fear the home government, that should not affect your asylum case, though you may need to explain why you renewed. Also, a return trip to the country where you fear persecution would very likely cause your asylum case to be denied. Even if you fear non-government actors, returning to the country will create serious issues. It is possible to overcome those problems by explaining why you returned, how you stayed safe, and why you cannot live there long term, but the interview will likely focus on why you returned rather than the original asylum case, and for most such cases, I think there is a good chance that the trip will result in a denial. In short, I think you need to weigh your need to return against the likely damage to your asylum case. Take care, Jason
I have a question regarding non-govt country evidence.
How do IJs or asylum officers view those non-govt country evidence ? Cause I feel that with Donald Trump promoting the concept of fake news…I don’t know whether they will just dismiss those evidence as false or unverifiable…giving limited weight such…
So for example, if an article in new york times/CNN/The Guardian claims that ethnic minority christian is widely targeted and persecuted in XXX country, but this country’s human rights report from state department doesn’t indicate such…Will the IJ or AO dismiss or give limited weight to these non-govt evidence ? A lot of times, I find the government, official reports tend to paint a more rosy picture in terms of country condition, the only piece that reflects the horrible situation truly usually only comes from non government sources…So in situations like this, does the asylum seeker stand at a disadvantage ?
The asylum seeker can submit whatever evidence of country conditions that is available, and so if the State Department report minimizes a problem in your country, you would want to find other evidence (news articles, other human rights reports, expert opinions) to counter that. The decision-maker should examine that evidence and give it the weight they deem appropriate (and so a blog like this one would get less weight, since I can write whatever I want, but a NY Times article would get more weight since it is carefully vetted). Take care, Jason
Thanks. And as it should. It’s a good starting point for me to gather evidence. But about you, you are considered an expert in asylum law … They will give u light weight as well ?
I would not trust this blog, would you?
I mean some of your blog contents are obviously not neutral enough for immigration court and DHS. But how about your testimony ? It looks like your testimony has been used in court cases to prove other people’s wrongdoings. I am just wondering whether if you can really travel to a certain country and gather information there, and testify on behalf of asylum seekers from that country in terms of country condition…so I am wondering whether your testimony could be evidence proving the persecutors’ wrongdoings…the state department embassy, in a lot of times are biased towards the prosecutors/DHS in terms of gathering and drafting country conditions. So…to counter that, I am thinking whether it would be a good idea to have pro-immigrant, asylum advocates to investigate and draft their version of country conditions…just my 2 cents…
I think my testimony about country conditions is not an expert opinion, but there are country condition experts (diplomats, professors, journalists, etc.) who could provide written or oral testimony to help a case, and who can even testify that the State Department report is not correct on certain points or does not tell the full story. The decision-maker will then need to weigh their testimony and other evidence and make a decision. Take care, Jason
Hi Jason!
A couple of years ago you wrote down a post about being dependent in an asylum case.
You said:
“Once the relationship ends, the dependents are no longer part of the asylum case. This means that any EAD they have is automatically invalidated and they cannot renew an expiring EAD.
If the relationship ends while the case is pending, the dependents will have to file their case (or cases), assuming they have an asylum claim” ” If you lose dependent status and file your asylum case, you will need to wait 150 days to file for a new EAD”.
I am dependent on my dad’s asylum case. The case has been pending since 2016.
Last year I got a temporary protected status. If I file an EAD under TPS and if my father dies, will I get an opportunity to continue working with no delays?
I am going to need to renew my work authorization soon, and I wonder if It would be a good idea to renew it under the TPS category instead of EAD for this exact reason.
You can certainly file based on TPS. The rule about EADs is a bit different now, and if you have an EAD and you lose dependent status (i.e., if your father dies – G-d forbid), the EAD remains valid until it expires (the law on this point is not completely clear, but this seems to be how it is working). These days, a new asylum-pending EAD should be valid for 5 years, and so maybe that is a better choice for you. Also, you can file your own asylum case (as a principal applicant) now, so you will be able to get an EAD based on your own case after 150 days. Probably, you will need to file at the Asylum Vetting Center – check the Special Instructions on the I-589 web page at http://www.uscis.gov. Take care, Jason
Hi Jason
I hope you doing well, I had my interview 4 weeks a go after 10 years of waiting at Arlington the officer told me he will mailed to me the decision I haven’t get anything from him how can I inquire in update on my case decision ?
Thank you for all your help to US
You can inquire, but I normally give them at least 60 days before I inquire. It is rare to get a decision that quickly. I wrote about ideas for getting a decision on June 2, 2021, and maybe those would help. Take care, Jason
hello jason
now i’m applying for my refugee travel document renewal so for the admission question should i write asylee? as i used my current RTD many times traveling overseas or should i write B2 as this the kind of the visa i had when i first entered the USA 5 years ago.?? the question says class of admission
I would use the class of admission for your most recent entry, and that sounds like asylee. There is no harm in attaching a copy of your passport, US Visa, and original (B-2) I-94, so USCIS will have that if they need it. Take care, Jason
Thanks Jason but please just one more question!!! I am applying for (RTD) as a Permanent Resident based on an approved asylum. Should I just send them a copy of my (GC) or should I also send them both a GC and an asylum approval letter? What else should I include in my envelope? I applied for this last year but I forgot what documents are required!!! Thank you so much!
Check the instructions to be sure, as sometimes additional documents may be needed, but we normally send copies of the GC front and back, the asylum approval documents and asylum I-94, and the passport (photo/bio page). If the applicant was a dependent, we also send the relationship document (marriage certificate or birth certificate). Also, the fee. Take care, Jason
how long usually it takes from Arlington asylum office to give me a decision after the interview?? i had my interview back on November 10 and it lasted for 4 hours and until today i got no decision at all, so we are talking about 2 months and half but no movement at all yet and also what are my options to push them to give me a decision cause i don’t want to wait for years !!! thanks. is mandamus an option or it’s way too early right now?
The asylum interview process is a highly individualized journey, varying in timelines and outcomes. In my case, I attended the interview on 3/20/23, and to my relief, I received the response just four days later, on 3/24/2023. Upon opening the mail, I discovered that my asylum case had been approved on the very same day. This swift resolution brought a sense of closure and security to my long-standing concerns. However, it’s worth noting that the waiting period leading up to the interview was extensive, spanning seven years. This starkly illustrates the diverse experiences individuals face within the asylum system, where timelines can differ significantly. Each story is unique, shaped by the complexities of the immigration process and the unique circumstances surrounding each asylum seeker.
Thank you for sharing. I would add that in my experience, a lot of the wait time is just luck. There is so much randomness and unpredictability – even two cases that are very similar (siblings with the same claim, for instance) can have very different wait time and even different outcomes. Take care, Jason
Do you know how many years it will take for your green card to arrive?
For most people with asylum, 1 to 2 years after they file the I-485, but I have seen cases go faster or slower than that. Take care, Jason
Meju, how did you get an interview?
Did you request them to expedited or used mandamus action?
I’m in the same boat, waiting for over than 8 years. Start to loose hope.
I wrote about ways to expedite on March 23, 2022. If those don’t work, a mandamus lawsuit likely will work and maybe you want to talk to a lawyer about that. Take care, Jason
It is unpredictable. It can easily take 6 months or longer. I did a post on June 2, 2021 with some ideas for trying to get the decision. I would try those first and if they do not work, you can try the mandamus. We wrote about mandamus on October 2, 2018. Take care, Jason
Good Afternoon Mr Jason.
Hope that everything is well and thank you so much for supporting asylum community 🙏.
I applied travel document in September and got receipt letter. In December I called online center to expedite my travel document as soon as ended the call, they sent me denied email. I now mail all supporting documents by certified mail with signature return they received it but since now no action.
Is it possible to expedite I-131 by my uscis account with all supporting documents or I can email the I-131 center with supporting documents. Thank you and have a blessed day
It is difficult to expedite – I wrote about that on January 29, 2020 with some ideas. Your best bet may be to try to call USCIS and try to g an Info Pass appointment where they can potentially issue the travel document. This is quite difficult, but you can try. You can also submit document online or by mail asking to expedite, but this is probably less likely to work. Take care, Jason
Hi Jason and community. Hope you’re all doing well and staying warm. I have a question regarding I-130 family reunion process time for a green card holder to spouse. How long does it usually take these days the whole process? I think there are two steps. And if my wife is pregnant is there a way i can expedite or apply for a b1/b2 visa? Thanks 🙏🏼
You have to check processing times at http://www.uscis.gov, and it depends on whether you are a US citizen or have a GC. Also, whether she is in the US or another country. It sounds like you are filing the I-130 and she is abroad, and will consular process. I do very little consular work, and I know wait times vary by country, but I would guess the entire process would be 1 to 2 years, but others here may know better. Also, given that you filed an I-130 for her, she will have a more difficult time getting a B visa, since the B visa is not issued to people who the embassy believes have an intent to immigrate. Since the I-130 indicates that she intends to immigrate, there is a good chance they will deny the visa. Take care, Jason