Data from the Executive Office for Immigration Review–the office that oversees our nation’s Immigration Courts–is notoriously unreliable. Nevertheless, we have to use what’s available. In that spirit, let’s take a look at EOIR’s statistics for Fiscal Year 2023 (which cover the period from October 1, 2022 to September 30, 2023) and see what we can learn.
The biggest development during FY 2023 was the rapidly growing case load in Immigration Court. At the beginning of the fiscal year, there were 1.8 million cases pending. At the end of the fiscal year, there were nearly 2.5 million cases pending. This represents the largest increase in the history of EOIR. And since the beginning of FY 2024 (on October 1, 2023), the numbers have only increased–surpassing 3 million cases last December (this, despite record hiring at EOIR that brought the total number of judges to 734 by the end of FY 2023).
Not all of the pending cases are asylum. According to EOIR’s numbers, at the end of FY 2023, there were 937,611 pending asylum applications in Immigration Court. That’s actually down slightly from the last fiscal year, when there were 943,648 applications pending, which I guess represents progress of a sort. Still, it’s nearly ten times as many applications as were pending in FY 2008 (94,386).
Most new asylum applications are “defensive.” These are applications filed by people in Immigration Court (as opposed to applications filed at the Asylum Office and referred to court). I suspect that the large majority are filed by people who arrive at the border, get admitted and scheduled to see a judge, and who then file for asylum. In FY 2023, asylum seekers filed 465,874 defensive applications in Immigration Court. The next busiest year for defensive cases was FY 2022, when “only” 236,547 cases were filed. Prior to that time, the busiest year for defensive asylum applications was FY 2020, when 158,208 cases were filed. The rapid uptick over the last few years helps illustrate the challenge for Immigration Courts–how to adjudicate so many often-complex asylum cases with the limited resources available.
The number of affirmative asylum applications (cases filed at the Asylum Office and then denied and referred to court) were much more modest. I’ve written before about the concerning level of reversals in court–where the Immigration Judge approves a case that the Asylum Office denied. But here, what stands out is that the number of cases referred to Immigration Court in FY 2023 is way down. A total of 13,011 cases were referred to court, in contrast to FY 2022, when 23,435 cases were referred to court. In fact, FY 2023 saw the lowest number of referrals since at least FY 2008 (the beginning of the data set). I suspect this is because the Asylum Offices were focused on the Southern border and were thus unable to interview many affirmative cases.
One surprise for me was the low grant rate for asylum cases in Immigration Court. The overall approval rate for court cases in FY 2023 was only 14.40%, which is slightly better than FY 2022, when courts granted a paltry 14.18% of asylum cases. In fact, grant rates have been falling since FY 2011 (when 31.35% of asylum cases were approved), but the last two years have had the lowest asylum grant rates since at least 2008, lower even than during the Trump years, when grant rates ranged from 19.13% to a generous 20.69%. The low approval rates might be explained by the fact that these numbers include detained cases, which are more likely to be denied (due to criminal convictions or the one-year filing bar) and cases for people who arrive at the border, who can often not demonstrate a nexus to a protected ground. Also, of course, it is difficult for people in detention and at the border to gather evidence or find a lawyer.
While the last two fiscal years have seen the lowest asylum grant rates in years, they have also seen the lowest asylum denial rates since at least FY 2008. In FY 2022, judges denied 16.71% of cases and in FY 2023, the denial rate was just 15.67%. Compare this to the Trump years, when denial rates ranged from 32.83% to 54.49%. How can the Biden Administration have both the lowest grant rate and the lowest denial rate? This seems to be because most cases (60.95% in FY 2023) were disposed of through “abandonment, not adjudicated, other or withdrawn.” It is unclear (at least to me) what these terms mean, but I suspect what is happening is that many cases are being dismissed based on prosecutorial discretion.
When judges do make decisions, asylum grant rates vary widely from one court to the next–from 0% in Adelanto, CA and Ulster, NY, to more than 60% in Salt Lake City, UT. The data from EOIR shows grant rates for each court. If you want grant rates for individual Immigration Judges, which is probably more useful, you can find that at TRAC Immigration.
EOIR has also published asylum approval rates by nationality. The agency released preliminary approval rates by nationality in July 2023, before the end of the fiscal year. At the time, I complained about the unreliability of the data, and the new numbers seem to confirm these problems. One example is Norway. The July 2023 figures state that there were 462 asylum cases from Norway and that 293 (63%) were granted. The new numbers indicate that there were zero cases from Norway, which makes more sense, but which also highlights how EOIR’s data is untrustworthy. So while there is no harm in checking your country’s asylum approval rate, these numbers should be treated with a healthy skepticism.
Although it is difficult to have full confidence in EOIR’s data, it’s clear that the Immigration Courts are busier than ever. While the agency is hiring new judges, it is not keeping pace with the growing caseload. Indeed, if cases weren’t being dismissed through prosecuturial discretion, the backlog would be much worse. All this points to the need for immigration reform, both at the border and for those who are waiting. Without that, the Immigration Courts will never make real progress towards resolving their 3+ million case backlog.
HELLO
MY ASYLUM CASE HEARING IS PENDING FOR AUGUST 2024. WHAT IS THE TREND THESE DAYS.
DID WE RECIEVE ANOTHER DATE.
WE ARE RECEIVING DATES FROM LAST 6 YRS.
Sorry, I do not understand the question. If the case is scheduled for court for August 2024, it would normally go forward on that date. Take care, Jason
[…] to a fault, still rejected some 60 percent of all their asylum applicants. The Americans deny about 85 percent. Of course, in the U.S. rotten asylum system, some 3 million would-be asylees live in the country […]
[…] to a fault, still rejected some 60 percent of all their asylum applicants. The Americans deny about 85 percent. Of course, in the U.S. rotten asylum system, some 3 million would-be asylees live in the country […]
[…] to a fault, still rejected some 60 percent of all their asylum applicants. The Americans deny about 85 percent. Of course, in the U.S. rotten asylum system, some 3 million would-be asylees live in the country […]
[…] to a fault, still rejected some 60 percent of all their asylum applicants. The Americans deny about 85 percent. Of course, in the U.S. rotten asylum system, some 3 million would-be asylees live in the country […]
[…] to a fault, still rejected some 60 percent of all their asylum applicants. The Americans deny about 85 percent. Of course, in the U.S. rotten asylum system, some 3 million would-be asylees live in the country […]
[…] to a fault, still rejected some 60 percent of all their asylum applicants. The Americans deny about 85 percent. Of course, in the U.S. rotten asylum system, some 3 million would-be asylees live in the country […]
Hello Jason,
Do you have a confirmation that Advance Parole for pending asylum is 5 years now? I’ve seen some confirmations for EB cases but I couldn’t find that somebody would get a 5 years AP for asylum. I’ve seen that there’s an assumption that since pending asylum is eligible for 5 years EAD hence they should be eligible for 5 years AP as well but since there was no official announcement from USCIS I’m not sure if that’s the case. Maybe you heard something.
Hello Jason,
Do you have a confirmation that Advance Parole for pending asylum is 5 years now? I’ve seen some confirmations for EB cases but I couldn’t find that somebody would get a 5 years AP for asylum. I’ve seen that there’s an assumption that since pending asylum is eligible for 5 years EAD hence they should be eligible for 5 years AP as well but since there was no official announcement from USCIS I’m not sure if that’s the case. Maybe you heard something.
There is no official announcement and I have only heard individual instances of people getting AP for 5 years. A month or two ago, I also talked to a friend who is in a high position at USCIS and she is not aware of any new policy about AP. Take care, Jason
Hello,
I hope this message finds you well.
In September 2018, my wife and I entered marriage, and by the end of September 2023, I obtained my citizenship through marriage. Unfortunately, our relationship has deteriorated since almost June 2023, and despite continuing to reside together, our marriage is irretrievably broken. We both mutually desire a divorce.
However, a significant concern has arisen. Given that my citizenship was acquired through marriage, I worry that the USCIS may incorrectly consider our marriage as a fraud for the sole purpose of obtaining citizenship. This is not the case, as I genuinely loved my wife, but unfortunately, circumstances did not develop as anticipated.
Adding to the context, I am a PhD student who applied for asylum, and in November 2019, my asylum status was granted indefinitely, nearly a year after our marriage. I want to emphasize that I could have obtained citizenship through asylum as well, and my intention in getting married was not solely for citizenship purposes.
My question is whether it is advisable to confidently initiate the divorce process without apprehension regarding the USCIS questioning the authenticity of our marriage.
Please, help me.
Best,
Zanko
If you are now a citizen, the immigration process is done and you can get divorced without any bad consequences. I would keep a copy of all the marriage evidence, so you will have that if you ever need it (which is very unlikely, but it does not hurt to have it). Take care, Jason
It’s always better to be a natural born citizen…sometimes the fact that even if I become a citizen, I am a naturalized one (which means citizenship can be taken away…even if one doesn’t intend to…) Make me sad and worried…
Always Feel Sad- your comment makes no sense. The US has always been naturalizing people. Not everyone can be born in the US. What’s there to be sad about? With all due respect, you need to save your sadness for when you actually need it.
no one get neutralized unless they are terrorist or something very dangerous even murdering someone doesn’t take away the citizenship from the criminal who was neutralized before !! out of 10 million naturalized citizens only 2 -3 would lose their citizenship so now go cry a river Mr. redneck broke Tennessean man!
Hi Jason,
Finally my case granted by immigration judge after 7 years and i have a question l, it says on the status page due date for appeal is March 6th, should i make an appointment from uscis to get my i-94 or should i do it after March6th?, thank you so much for all your help in last past 7 years, guys please be patient the light will come for all of you please do not give up.
If DHS has “reserved appeal”, meaning they have 30 days to appeal if they want, it is best to wait until after March 6 to make an appointment, as that is when the case is final. If they have not reserved appeal, that means that they definitely will not appeal and the case is done, and you can make an appointment now. Take care, Jason
how do i know DHS reserved appeal or not?
They would say that at the end of the hearing, and it should also be marked on the order granting asylum (at the end of the order). Take care, Jason
Thank you so much Jason,
I checked online and saw its been granted and my attorney has not received the judge order yet, so you mean on the judge order says that?
Usually at the bottom of the order from the judge, it states whether DHS has reserved appeal, but your attorney should know that as well. Take care, Jason
Hi Jason,
I am an asylee in the USA. I applied for an adjustment of status (i4-485) when I was living in PA. I moved to NC and changed my address (AR-11). When I was submitting my i-485 form, I didn’t include the immigration physical (i-693). I completed my immigration physical and need to send it. Should I file my documents based on PA or NC? Thank you!
@asylumseeker
unfortunately, 80% you will lose the RFE AND THE actual GC itself when they send it cause most of the times USCIS send the notices and cards to the address was written in the forms not the one updated online!!! you will need to contact the service center directly to change the address and that also won’t be enough you need to contact the USCIS once you see case is approved online and get tracking number and go to your post office i mean the old one and ask them for hold up SERVICE until you come pick it up by yourself!!!
@Adam, I don’t believe that is correct.
I moved, updated my address online and all my documents including GC were sent to the new address I gave USCIS online.
In my experience, if you change the address using form AR-11, you should be fine. Though we have seen a problem where USCIS sends all receipts to the correct/new address, but then sends the card to a random old address. It does not happen that often, but happens more than it should. Take care, Jason
Adam, I don’t know if that is true. I always changed my address online and all my USCIS notices came to the new address.
Normally, we wait for USCIS to ask for the medical exam – they send a letter and include their correct mailing address. If you do not have such a letter and you already did the exam, I guess you will have to mail it in – otherwise, it will expire. If you have an online USCIS account, you can check whether there is any way to upload the medical (I think there is not). Otherwise, I think you will just have to mail it to the last address where you received a receipt. Include a copy of the receipt and all your info (name, A number, receipt number). Hopefully, that will work. Take care, Jason
Hi, I have a Green card asylum based pending. I want to make a trip outside of the USA with RTD, is this going to be considered as abandoned GC application. Do I need to apply advanced parole to be at the safest side of my GC application.
If you have a valid RTD, you can leave the US and return. As long as the trip is less than six months and you attend all required USCIS appointments, it should have no effect on the green card application. Take care, Jason
Hi Jason,
I’m planning a short trip to canada(4-5 days) with my RTD which expires in less than 6 months. I have checked canada immigration and US cbp website, there’s no requirement for having your passport or travel document to have 6 months validity. They only wants your passport should be valid upto the stay of your trip. Do you think I could be denied entry while returning back to US because my RTD has 5 months validity?
Please let me know if you have any idea. I don’t want to take risk but i need to travel urgently. Thanks
There should be no problem returning to the US, as long as the RTD is still valid (even one day of validity is fine). Take care, Jason
Hi Jason,
I have pending asylum. I did my interview and was waiting for my decision. Since it took more than a year, I requested FOIA. From the FOIA I found out that my case was referred to IJ. But I still didn’t receive the final letter from the AO.
My question is can I apply for E1B visa at this time even though my case is referred to IJ, per the FOIA? I believe I qualify for NIW/E1B.
Thank you for your help, Jason.
You can apply, but ultimately, you would most likely need to leave the US to get a green card. This will be difficult if your case is in court, but it is not impossible. There are also some rare exceptions that allow you to get the GC without leaving the US. I think the employment-based path will be difficult (or maybe impossible), but given that it may be an option, it is probably worth talking to a lawyer about specifics to see what is possible. Have the lawyer map out for you in writing how you will get from where you are today to having a GC, and how that will look if your case is sent to court. Also, will you have to leave the US? If so, how will that work, and will there be a “Plan B” in case something goes wrong when you go to the US embassy overseas. Take care, Jason
Thank you very much Jason. It’s very helpful.
Be very blessed!!!
I think this is a more urgent and pressing issue than say…resources are torn between credible fear screening and asylum interview aka border vs interior.
Like they need time to figure things out, okay, take the time.
But…in the meantime…why the renewal of EAD takes such a long time ??? It’s people’s livelihood and/or survival…without an EAD, it’s almost impossible to find work, without work, I will have no money to live…if I don’t live, how can I attend my asylum proceedings ?
Right now it takes 16 months…even if I do my due diligence, apply 6 months before…that means I will get my ead card 10 months after my old one expires…even with a receipt for automatic 180-day extension…that leaves 4 months ineligible for work ? I don’t know how one can do that…I think maybe this is something asylum advocates should push and lobby for ? And I feel this issue is not controversial at all…should have unanimous support across board…
Supposedly, they are being processed within the automatic extension time, at least that is what we have seen so far. Plus, new EADs will be valid for 5 years, so that will help. Take care, Jason
Thanks for the ground information. That helps.
Is this for people who already have issued EADs? Or is there a start date for that?
Thank you!!!
Anyone who gets an asylum pending (c-8) EAD after October 1, 2023 should get a 5-year card, even if you filed for the EAD before October 2023. Take care, Jason
I have a creative way of doing country condition research.
So if I do an FOIA on other similarly situated approved asylum seekers of a certain country and request those asylum files (redacted of course) and then I will have country condition evidence, right ?
I can just point these files to the adjudicators and tell them “see, all these are past instances of persecutions or harm endured by people who are like me, so clearly there is ample evidence that my fear is well-founded” right ?
It would seem to be a bit unfair if they already know and sit on this … rich bonanza of information but don’t share it with me…does country condition has to be publicly available ? Or can I use past asylum files from others ?
I would not try to use someone else’s case – even if you can get it, it will look bad and may be outdated. You can just research this yourself. Take care, Jason
I mean, obviously it’s an extreme measure, but I guess I am just worried that there is not much public information available…
Hi Jason,
Thank you for this blog and thank you for all you do for our community.
I am the primary applicant on my asylum case since 2017, waiting for an interview.
My husband has a pending family based green card petition f3 since 2015. His parents are US citizens.
Their petition is still pending.
Since we all live in the states(myself my husband and out child) is there any possibility of adjustments of status if both cases are pending?
Most likely, in order to take advantage of your his parents’ petition, you and your family would need to leave the US to get the green cards at an embassy overseas. This can be problematic for asylum seekers, as you should not go to the country of persecution (returning there could cause the US government to think your asylum case was fake). Also, it is a good idea to get Advance Parole, as that will allow you to return to the US if something goes wrong when you go overseas to get the GCs. I wrote about AP on September 11, 2017. You should probably talk to a lawyer before trying to leave the US to do this, but I wrote more about it on September 6, 2018. Finally, there are some rare exceptions that might allow you to get your GCs without leaving the US, and it is worth talking to a lawyer to see if any of those apply (the most common exception might be TPS – I think if you have that and you entered the US legally, you can potentially get the GC in the US, but talk to a lawyer to be certain). Take care, Jason
Thank you Jason,
My husband’s family based Green Card application is pending since 2015. Can he request an adjustment of status now or wait for his F3 to be approved? I think USCIS is processing F3 cases filed in 2009.
Assuming he is eligible to adjust status, you have to Google “DOS Visa Bulletin” and look at the charts there. Those tell you when each category of beneficiary is eligible to file for adjustment and when that person is eligible to actually get the GC. It is possible to file before you are eligible to actually get the GC, as USCIS knows it takes time to process the I-485, and so they allow you to file even befoer you are actually eligible to get the GC. Take care, Jason
Correction (my cop passport) they need all these for sida badge.
Hi dear Jason , need your valuable feedback and also if anybody else can drop their comments,
I have granted asylum and will apply greencard soon.
I have got job at the airport and they have a requirement that need to show license and passport and ssn. I have all three but I’m having concern that if I gave them my passport than later on GC interview officer will ask me if a used my greencard after asylum, that thing is making me confused.
Will you drop your suggestion how to handle this correctly?
I will appreciate your feedback.
Many thanks
I do not think that showing your passport for purposes of getting a job would have any effect on a GC or citizenship application, and in fact, that question is not asked on any of the forms. For these reasons, I think you will be fine to show all those documents. Take care, Jason
BIG THANK YOU JASON, IT RELIEVED MY WORRY!
Hi Jason,
I applied for mandamus writ about a month ago( asylum case pending since 2015 although I’ve had 2 interviews). My question is can I apply for travel document, I need to visit family overseas this summer? Will that change the status of my travel document if decision was made?
Thanks so much for your continuous support!
May I ask which country do you apply asylum from ?
You have to file for Advance Parole (form I-131, available at http://www.uscis.gov), which serves as a re-entry permit. AP allows you to return to the US, but you have to travel using your passport. If asylum is granted, you can apply for a Refugee Travel Document, using the same form, but different parts of the form. The RTD can be used like a passport to travel and to re-enter the US. One issue with AP is that it takes a long time to get it, and so if asylum is granted (or denied) while the AP application is pending, USCIS may deny AP (since that is for people with a pending case and not for people who have asylum or have been referred to court). In other words, if you think you will get a decision soon based on the mandamus, you may want to wait for that and once you know the result, then you will know whether you are eligible for an RTD or whether you cannot travel because the case was referred to court. Take care, Jason
Thank you!!!
Please can you tell me more about your mandamus letter ? Did you get any answers?
Hello!
I have a question about filing taxes. Short story married with US citizen and this year after we will file for I485. For last year we are in different tax brackets and my spouse has always filed head of household due to having dependents. For i485 we will need last year taxes and previous 2 years AGI to prove income. Does filing taxes jointly is mandatory or will cause issues? What is your experience with USCIS when comes to this subject because the most return that we can get will be if we file separately. Thank you
You can file jointly or separately, but if you file separately, it may be a bit of a red flag, as married couples usually file jointly. To address this, you should be prepared to explain why you filed separately and you should have additional evidence to show that the marriage is true. Take care, Jason
I have decided to punish the persecutors around the world
And I will not forgive
Hi Jason,
I hope you’re doing well.
Today House passed bill strengthening ability to block immigrants for DUIs. Do you think it will affect people that got DUI while being asylum seekers?
Best regards..
From the perspective of preventing DUI…does it actually look like a good thing for some states to block asylum seekers from receiving driver licenses ? Because…if you can’t get driver license, you can’t get DUI…right ?
I did not see that and I do not know if it has a chance of becoming a law, but if that happens, laws are not genuinely retroactive and so maybe it would not affect someone with an old DUI. Immigration laws are sometimes retroactive in this sense, and so we will have to see how the bill looks if it finally becomes a law. Take care, Jason
How long does it take to renew C8 EAD right now in your experience? Their website says 15 months which is insane since the automatic extension is only 180 days
The wait times seem to go up and down. I would say most people are waiting 1 or 1.5 years, though there was a brief period of time where EADs were being processed in only a few weeks or months. Take care, Jason
So…that means…even if they apply the earliest…they run the risk of having an employment gap ?
I have applied in Feb 2023 and still waiting for it. Hope you will get your soon.
Are you able to keep a job ? how do you live ?
Mine took 14 months
Dear Jason,
Hope you are well. I’m in asylum interview pending status. I married almost 2 years ago and applied for GC based on that since my spouse is an American. My GC interview scheduled next week. I’m considering to reschedule it. I had COVID in Dec and still kind of weak. I spoke with the USCIS support a week ago. They told me to call them no more than 3 days prior to the interview to reschedule it. I’m gonna do it. I would like to ask you a couple questions if I may. First of all how long will they reschedule the interview? What should I expect approximately? The second question is about sending additional documents after the interview. Let’s say USCIS refuses to reschedule my interview. I probably won’t manage to get the report of medical examination (i-693) in a few days. If I go to the interview without the form then how does the process of sending it later look like? I mean does USCIS mail me the request setting up timeframe to respond. Then I satisfy it. Or they just ask me to send on the actual interview? How many days/weeks will I have to do so?
Thank you, Magic
1 – I do not know, as it varies by office and depending on availability, but it should not be more than a few months. 2 – If they have asked for the medical exam, you should get it and bring it to the interview, as that could be a basis to deny the case. Probably, they would not deny it, but that is a risk. If they need more documents, they will instruct you how to submit those and probably give you a cover letter to include. The time frame for a response to a request for evidence varies – usually from 30 days to about 90 days. Take care, Jason
hello Jason
I’m renewing my RTD cause it takes 16 months to get a new one and i will move out of my current house to a new house but ‘m not sure about the new address yet so just to not to mess up things can i ask USCIS to send my new RTD to my business address?? so in the option of in care of name: can i write my business company name in it instead of my personal name and then write my business address ? or in care of name has to be my name???
thanks
The “In care of” box would be the business name. I guess if it is your business, you can put your name as well, but normally, it would only be the business. Take care, Jason
Good afternoon Jason,
Thank you for keeping us informed. If I may ask, is it a good thing when USCIS transfers one’s case to another office? Does it mean they are still reviewing my application or is this a final stage? Here below the update I got from USCIS. On January 31, 2024, we transferred your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number MSC********** to another office for processing and sent you a transfer notice. The notice explains why we transferred your case. Please follow the instructions in the notice. If you do not receive your notice by March 1, 2024, please go to http://www.uscis.gov/e-request to request a copy of the notice. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
I do not know if that has much meaning. USCIS moves cases around depending on the workload. On the other hand, at least it shows that something is happening, and so that is positive and maybe if they transfer it to the local field office, it could mean that an interview will be scheduled (maybe). Take care, Jason
Much appreciated. I will see what will happen the months ahead.
Would you mind share your timeline?
Hi Jason,
Thank you for your unreserved and continuous help for the asylum community.
I have a question, how can I remove dependents (kids) from my asylum application? Is there a form that I need to fill?
Thanks,
I have never done that, but certainly, you can do that at the interview by informing the officer. If you want to do it before then, I think you will have to email the asylum office and ask them – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hello Jason. I have an asylum interview coming up. When I reviewed the copy of my declaration, I noticed that two dates in my declaration were wrong. It was a mistake by me and it doesn`t change the fact that I will be persecuted if I return to my home country. Do you think that I can ask the officer before the interview to fix these errors? Thank you.
I think it is best to tell the officer at the beginning of the interview. Better yet, write down the changes and any update to your I-589, and hand that to the officer before the interview starts. That will save time and make the officer happy. I wrote more about this on July 6, 2022 and maybe that would help. I also wrote about the interview itself on September 8, 2016. Take care, Jason
Worried about the DHS secretary being impeached, this secretary is more humane to asylum seekers…should I worry that he will be impeached ? And should I ask an asylum seeker worry if he is in fact impeached ( and replaced by a more asylum seeker-unfriendly secretary ?)
Honestly, even though it may be easier said than done, I think you should find the strength to unplug from all the news and social media information you are consuming on a daily basis. This is not good for you. Sitting down and worrying about something you can’t change nor have control over can consume you and drive you to insanity.
Ain’t that the truth.
Unfortunately, as an asylum seeker, I don’t think I am able to loosen up until I become a naturalized US citizen
Some asylum seekers simply couldn’t present enough evidence to demonstrate past persecution and/or future fear … But absence of evidence is not evidence of absence…what should this asylum seeker do in this situation ? How to beat the challenge from Immigration Judge and DHS prosecutor alleging that the asylum seeker’s fear is ” mere speculation”
Some people lose cases for that reason, and so it is important to try to gather evidence. Most people who make an effort can get significant evidence. Take care, Jason
I’d rather consider from a worst case scenario and get prepared rather than take some advice like “don’t worry about that” it’s just window dressing. I’d feel safe if I know how to do in the worst case scenario, so I feel confident in my proceedings. In immigration proceedings, one simply cannot assume the DHS prosecutor or immigration judge will be friendly. So we need to prepare for the worst possible scenario …
Speaking of that, when an immigrant attend removal hearings…if the immigration judge orders removal…will ICE awaits in the door and immediately arrests and detains the immigrant that just got ordered removed ? While s/he is leaving ?
I have never seen that happen. Take care, Jason
That’s a relief. I heard that happening. Guess it’s a rare occasion.
He may be impeached, but unless the Senate agrees with the impeachment (and they won’t), he will not be going anywhere. Take care, Jason
Jason, I am a U.S. citizen and petitioning for my wife. She is referred in court for final hearing. She has final hearing in late 2025 if I start her application for Permanent Resident, does she need to keep her case in immigration court with her attorney? If yes then she will have to hire her own attorney or my attorney can help her on her court process simultaneously with her application for PR? And at this stage can I apply for her 130, 485, work authorization and travel document altogether?
You would have to ask your attorney whether he or she would be willing to represent your wife too, but attorneys represent spouses all the time, so the lawyer may be willing. The typical process is to file the I-130, submit a copy to the court with the receipt, and ask to delay the final hearing (though this may not be necessary, as maybe the I-130 will be approved by 2025). Once the I-130 is approved, you would file a motion to dismiss. It is also sometimes possible to file the I-485 in court with the judge, but it depends on the case and the judge. I wrote more about this on August 6, 2018 and maybe that would be of interest. Also, all this assumes that your wife is eligible to get her GC without leaving the US (generally meaning she had a lawful entry and has no criminal issues, but have your lawyer check that). Take care, Jason
Thanks for detailed explanation. She came on valid visa so I guess she won’t need to leave. Thanks again.