It’s nearly impossible to win an asylum case if the Asylum Officer or Immigration Judge does not believe your story. But how do decision-makers determine whether an applicant is telling the truth or lying? In other words, how do they decide whether the applicant is credible?
There are a number of methods to evaluate credibility: Whether the applicant’s story is plausible (i.e., whether it makes sense in the context of country conditions), whether the person can describe details that we would expect her to know (for example, if she was a political activists, she should know something about her political party), and whether the applicant’s statement is consistent with the other evidence and testimony in the case. Today, I want to discuss “consistency,” since inconsistent statements are probably the most common basis for concluding that an applicant is not credible.
First, we should acknowledge that consistency is not a great way to evaluate credibility. I have written about this before, but there are many reasons why an applicant’s testimony might be inconsistent with other evidence: Faulty memory, different perspectives on the same event, making assumptions, misunderstanding the question or guessing when you don’t know. Regardless of the reason, inconsistent statements can lead the decision-maker to conclude that you are not telling the truth.
Second, we should keep in mind that evaluating credibility is usually not easy, and any inconsistency can leave you vulnerable to an adverse credibility determination. Whether one or several inconsistent statements will ultimately sink a case depends on the nature of the inconsistencies, whether you can explain the inconsistencies, and the judgement of the Asylum Officer or Immigration Judge. For this reason, it is important that you do your best to make your testimony and evidence internally consistent and consistent with any other information the government has about you.
To ensure consistency, the starting point is the affidavit, which is the heart of an asylum case. If you have a well-prepared affidavit, you can compare each piece of evidence (witness letters, employment documents, medical reports, police records, etc.) to the affidavit to check for consistency. The process of preparing an affidavit is useful in-and-of itself, since it helps the applicant think about events and dates, and helps organize the story. Also, a good affidavit forms a road map for the applicant’s testimony, which should help avoid inconsistent statements.
Aside from the inconsistencies you can create when you prepare and present your case, there are a number of other sources of potential inconsistency. Probably the most common is a prior interview or application. If you have ever applied for a U.S. visa or any type of immigration benefit, the U.S. government will have a record. Also, if a close family member listed you on an application, the government might have that information as well. In addition, if you were ever questioned by the government–at the border, the Asylum Office or anywhere else, the decision-maker could have a copy of that.
In my experience, Asylum Officers (and officers at other USCIS interviews) are more likely to have this information than DHS Attorneys or Immigration Judges. However, asylum applicants would be wise to assume that everyone involved with their case has access to all such information, and they should act accordingly.
This means that if you plan to say something different in your current applicant than you said previously, you should explain why things are different now. It is far better to explain this yourself than wait for the officer to ask about it, or hope that the officer does not notice. Explanations vary depending on the subject, but some that we have used include:
- For misrepresentations on visa applications: If you lied to get a U.S. visa because you feared harm in your country and wanted to escape, you can explain that, and the misrepresentation would not normally be fatal to an asylum application.
- If you omitted information in a prior application that you want to include now, you should explain why that information was omitted. Maybe you did not have a lawyer and/or did not realize that information was important. Maybe you had a lawyer who did a poor job.
- If you included false statements in a prior application, this can be more difficult to explain, but it is necessary. Maybe you received bad advice from a lawyer or someone else. Maybe someone else prepared your prior application and you did not understand the content of that application.
In most cases, when you admit to a prior misstatement, explain what happened, apologize, and offer a truthful account of events, you can overcome the problem.
It is also a good idea to get a copy of previously-filed applications so you can compare what you said then with what you are saying now. You can obtain prior Immigration Court cases here. You can obtain prior USCIS cases here (including Asylum Office cases). You can obtain visa records from the State Department here. You likely won’t get all the documents and interview notes, but anything you receive will help you to compare prior applications with the current case, and to explain any inconsistencies.
A final area where inconsistencies crop up is during questioning by government officials. A common technique is to ask a question and then ask the same question later, or maybe ask the question again in a different way. They can also separate you and any witnesses, and ask the same questions to see whether your answers match. If your answers are not consistent, that can be used to support an adverse credibility finding. In these situations, it is important for you and your witnesses to be familiar with your story and your evidence. Also, if you do not know the answer to a question or do not remember, just say that you do not know or do not remember–do not guess.
Avoiding inconsistencies is not a guaranteed way to win asylum, but it is a necessary step towards that goal. If you make the effort to be careful and consistent, you will greatly increase the chances of reaching a successful outcome in your asylum case.
HI Jason!
I watched your blog for a couple of years. I would like to share my asylum process story in your blog and hope my personal experience can help other people in this process.
I applied for asylum in September 2019. After that, I did not get any response from the asylum office. I had to do something. My daughter and congresswoman’s daughter are in the same school, so I wrote a letter to the congresswoman and the school principal forwarded my handwritten letter to the congresswoman. She wrote a letter to the asylum office and I got an interview immediately.
my first interview is scheduled for Jan. 6th, 2021. yes, I am a history witness. my hotel was full of trump support at that time. my first interview went well. but there was no result until I got another call from the asylum office said my previous interview officer was sent to the southern border so I had to have a second interview.
but my second interview officer is aggressive and not very nice. so after over 6 months. I got the intention of a denial letter (the reason I got that letter is that I was F1 status at that time, so the asylum office could not send me to the immigration court since I had other non-immigrant status). I wrote a rebuttal letter and after 3 months my case was denied. In that denial letter, it said that is the final decision and I cannot appeal this decision.
I am so frustrated and I do not know what to do. Jason, if you remember I sent you my intention of denial letter and asked if I could sue the asylum office because they made the decision based on the evidence against the fact. You replied that you do not take over that kind of case.
I was so frustrated so I wrote a complaint email to the director of the asylum office (I found his email online). I just want to show my frustration with that decision. One week later, I got a mail letter telling me the director of the asylum office sent my case to MTR (motion to reconsideration) team for review. One year later, I got a letter said after careful review, my case was reopened. and they started to review my case again. If they want another interview, they will contact me. last week, my case was approved.
I hope my story can help those people struggling with the asylum process. Never lose hope and always fight.
God bless you all!
Thank you for sharing this, as it tells us some important lessons. First, and I have seen this before, if you happen to know the right person (such as the Congresswoman), you can get an interview. While this was good for you (and some of my clients too, who had connections), it is obviously unfair to most people. Also, it is possible to get a case re-opened. It is rare that that happens, but it does sometimes happen – usually you have to show that the denial was pretty clearly wrong. Finally, your persistence paid off (after much trouble), and so that is an important lesson as well – in my experience, those people who put the most effort into their cases are the most likely to have a good outcome. Take care, Jason
Jason, well said. Thank you for your response 🙂
CONGRATULATIONS BRIAN!!
welcome to Biden’s America lol since when a case is reopened twice in asylum office? may God bless Biden for the folks who have weak cases but still can get approvals through this broken immigration system!!
before anyone attacks me i’m a green card holder through asylum but Brian’s story is so weird and shows us how the immigration and asylum process is so broken! how come he got rejected twice by well-trained asylum officers then they approve it later!!! and how come he used his daughter’s friendship with the congress woman’s daughter to fast up his interview!!! i swear it’s all messed up in this country and i can’t wait until trump comes back to that the fraud cases are becoming less also the corruption as well. me myself waited 5 years to get interviewed and that dude got interview in months loooool what a joke
ADAM
I am tempted to agree with your opinion but unfortunately, if i did that, both of us would be wrong. Go figure…….
BRIAN, your resiliency, persistence and not willing to give up is just so amazing and inspirational!
Hi Brian,
Congrats!!
I am kind of in the same complicated situation. Can you tell me where I can get the email address for the director of the asylum office? I would like to email him too.
Thanks
Google
hello jason,
if you go to reddit and see the posts there on the immigration forum and how many people that got their green cards through marriage but at first applied for asylum and now wanna go visit their home countries you will really get surprised !!! like most of the other people who are applying for i-485 through different categories hate the asylum community cause they get shocked of how many cases seems to be fraud and after these fake asylees get their green card from a different way they wanna go back home asap and most of them say hello i guess the situation got better now in my country hahha even though the government there ain’t even changed yet like why not the USCIS make tougher requirements and rules to end these huge amounts of fraud asylum case ??? these fraud cases are really hurting the people who really deserve to be granted asylum! it’s so sad that some people and a lot not small amount of folks abuse the asylum system in this country!
I do not think returning to the home country is necessarily a sign that the case was fraudulent. People are often willing to take risks and in many cases, the persecutor is not the government, and so people can go for a short time and be relatively safe. That said, fraud is pretty clearly a problem in the asylum system. How to root it out is the difficult part – I wrote about this several times, but one example is from September 11, 2015, where I ague that the government should make much greater efforts to prosecute attorneys and notarios who engage in fraud. Take care, Jason
If your concerns are valid- which they are NOT- are you saying that asylum applicants should be hated by other immigrants because some people fraudulent obtained asylum? If so, were you aware that majority of the fraudulent immigration cases come from marriage based green cards? But guess what? That is NONE of your or my business!!!!!
Well, I got my green card based on marriage this year. I waited 10 years in the system to get my asylum interview but never got it, interestingly my asylum is still pending even tho I requested to withdraw it. So Mr Adam is telling me to burn my marriage GC and wait another decade for interview, I am not an idiot and many like me aren’t as well. Having a green card thru marriage doesn’t make my asylum case frivolous but it simply tells that I am a normal human being who wants peace of mind, plus saves money of renewing EADs and getting more opportunities in my work prospects and eventually becoming US citizen. Instead of worrying about my asylum outcome, now I can spend time with my children and spouse.
Many of my asylum clients find alternatives to asylum since the system is non-functional. Many get married, as a lot of my clients are in their 20s and 30s when they seek asylum, which is the age that most people marry. So all that is very normal. Hopefully, they will withdraw your asylum soon, but if there is no action after a few months, you can email them to follow up. By the way, we have been getting a lot of notices from the asylum office lately for my clients who have GCs or who are already US citizens. The asylum office is automatically closing their cases unless we ask them not to (well, the citizens’ cases must be closed, but for the GC people, we can ask to keep the case going – but we almost never do that). Take care, Jason
Hi Jason,
Hope all is well.
Thanks for your help by answering people’s questions appreciated.
We talked about my master hearing before too.Now I decided to apply for motion at IC.
My lawyer said I might get final hearing instead of master hearing.
I have some questions about if I loose in my final hearing next step is for another appeal if I want stay US
1 I have 2 kids one just finished
Bachelor and another need 1 and
half year more both of them are
with us(me and my wife) all of
they are included my asylum asylum application but now we got
Individual notice to appear because noe they are one 27 years and 25 years old
2 if we loose the case at IC ,after
denied decision my kids can not get green card through H1B,
marriage US citizen? Or can they apply F1 too?
3.what happens if I withdraw
My case from IC before the final
Hearing?
I look forward your response.
Thank you.
Best regards
Jhampa
1 – they can file their own applications with the court, for asylum or anything else they might be eligible for. 2 – It will be more difficult to do any of that if you/they lose the case, and so it is better to do that beforehand. I wrote about these issues on August 6 and 28, 2018 and September 6, 2018, but you would need to talk to a lawyer about specifics to see what they are eligible to do. 3 – That is not an option. Maybe you mean ask for dismissal based on prosecutorial discretion. If the case is dismissed, you will be here with no status. Sometimes, that is a good option, but again, you need to talk to a lawyer to see what you/they are eligible for. Take care, Jason
Thanks Jason for your reponse.
My sons can apply asylum at the IC if we got negative decision?
How much chances to win in second time?
Thanks again Jason .
Best
Jhampa
If they are adults and in immigration court, they can file for asylum. Many cases that are denied at the asylum office are approved in court. I wrote about that on March 8, 2023. Take care, Jason
Hello Jason,
My spouse is dependent on my pending asylum case he is still in persecution country. He has to travel to Dubai and later probably to one of the European countries for business purpose. He will travel back to home country. He has been asked (pressured/harassed) by the government agencies about my whereabouts.
I am concerned whether his going back to persecution country would have any impact on my case, I am seeking asylum from the government.
Thank you.
It depends on what you say in your case. If you say that the government wants to harm you and him, it will be difficult to explain why he went back. But if you are the main target, his return trip should have no effect, though you may still be asked to explain it. Also, he can write a letter for your case explaining how the government pressured him about you, and that could help your case. Take care, Jason
Hello Attorney Jason,
Thanks so much for all you do for the community. I have a quick question for you please. I applied for renewal of my EAD based on pending Asylum. Its been 6 months now and my employer is already putting some pressure on me.
1. Do you know how long EAD based on pending Asylum are taking these days to be issued?
2. What can I do to expediate this process? I have a mortage and really scared I might lose my job. My stress level is so high
thanks so much for your help
1 – it is variable, but it can take a year or more for some people. You should have an automatic extension, assuming you filed before your old EAD expired. The receipt would indicate whether it is 540 days or 180 days. So far, I have not seen anyone who failed to get the new card before the automatic extension ends, so hopefully, you will get it before then. 2 – I think USCIS will not expedite the EAD as long as the automatic extension is still valid. I guess you can try calling them to ask: 800-375-5283. I also wrote about expediting in general on January 29, 2020. I think it probably will not work, but there is no harm in trying. Take care, Jason
Hi Jason!
Thank you for all of these years of helping asylees in the US.
My dad is the main applicant for asylum application, and he is sick right now. We have been waiting since 2015 and still did not get our initial affirmative interview. I fear that he won’t make it, and I will need to open up my case where I have to justify that the home country is trying to prosecute me.
While his case is good (he was working as a senior VP in a company that was later shut down by the government; and was detained multiple times by the authorities), I was facing threats for my and his life. I feel that my case would be still strong, but not as strong as if he were the main applicant.
That said being said, I came here when I was 18, and got a bachelor’s degree. I work in a good company, pay a lot of taxes, have no criminal history, etc. From your experience as an attorney, do you think that given these circumstances the asylum officer will be more condescending towards my case?
First, maybe your father wants to try to expedite his case based on his health condition – that can be a good reason to expedite. I wrote about that on March 23, 2022. If you end up filing your case, I think it is generally a strong case where you are a family member of someone who was persecuted. Whether the officer will give you extra consideration for the circumstances of your case (the long wait), I do not know. There is nothing in the law about that, but asylum officers are human (contrary to popular belief!) and so they may be more sympathetic towards you. Take care, Jason
Hello, I applied for I 485 green card asylum based
On question saying have you ever worked in United States without authorization ,I checked No. I circled the number put in cover letter.In cover letter I wrote that I worked uber and lyft driver app after my EAD had expired while waiting for new one. I m not sure if it considered as no authorized work or not .uber or lyft never required me a work permit, rather they only require drive license. Can this be an issue to my I 485 GC application.
I do not think it will be an issue. It may or may not be unauthorized work, depending on when you did it and what type of work permit you had at that time, but the main issue is that you told USCIS and so they cannot accuse you of trying to hide it. In the very worst case scenario, they can ask you for a waiver (a form to get forgiveness for the “sin” of working without permission). I highly doubt they will ask, but if they do, it is free and very easy to get. Also, it is much better to resolve such an issue now than at the citizenship stage when it is more difficult. In any event, I highly doubt you will need the waiver and I suspect they will just process the I-485 normally. Take care, Jason
Hi Jason,
I reregistered for the TPS on 10/16/23 and did my asylum interview on 10/30/23. for registration for TPS the processing time is about 2 months but still have not received anything about the TPS. Do you think this TPS delay has any relates with my pending asylum decision?
I doubt the asylum case is causing a delay for the TPS case, but I do not know for certain. You can check the processing time for the TPS case at http://www.uscis.gov and if the case is outside the processing time, you can inquire with USCIS or contact the USCIS Ombudsman’s Office (there is a link under Resources). Otherwise, there is probably not much to do except wait. Take care, Jason
Hi Jason,
I found out my grandma has cancer stage 4 and she’s really sick to travel or even leave the house. My asylum application is pending and I never had an interview. I applied in 2017. Would I be able to renter the US if I went to my country to see my grandma for the last time? My country doesn’t accept travel documents so I will have to renew my passport to go. Is that possible? Thank you!
Emma, Jason is going to respond soon. In the meantime, please allow me to offer some advice. You should never leave the U.S. during the pendency of your asylum application, unless you have secured travel authorization from the U.S. government (usually in the form of advance parole). If you leave the U.S. without first obtaining the advance parole, you would have essentially deported yourself.
The advance parole document does not act like, or a replace, a passport. If anything, it is more similar to a U.S. visa (which you president to CBP officers to gain entry into the U.S.). Therefore, whether your country accepts the travel document or not is irrelevant to your return to the U.S. I think your biggest concern should be securing the advance parole BEFORE you leave the U.S.
Since the reason for renewing your COP’s passport is extenuating (in my view)- that is, your grandparent being terminally ill- and especially if you do not fear your government or the government is not targeting you personally- I don’t see why USCIS/EOIR would have an issue with your decision to renew your passport.
“… which you present…”
Thank you – I should have made this point also – that if you fear non-state actors like terrorists, it is easier to explain how you stayed safe for a brief visit, but if you fear the government itself, it is probably more difficult to explain. Take care, Jason
This is a very difficult situation. If you leave the US with a pending asylum case, you need Advance Parole to return (there are some exceptions, for example, if you are currently on a valid H1b or L visa, you should be able to return). I wrote about AP on September 11, 2017 and I wrote about expediting on January 29, 2020. Maybe those posts would help. Assuming you can get AP, you should be able to return to the US. However, going to the home country, even for a good reason, can be very damaging to your asylum case. You will need to explain why you went and how you stayed safe, and why you would be harmed if you returned on a permanent basis. It may be possible to do all that, but it certainly makes the case more difficult to win. Good luck, Jason
Hi Jason! How familiar are you with asylum based on sexual orientation? Could you please write about it? What questions are usually asked? Or how USCIS handle this cases? I wish the had a report by category.
We’ve written about it several times – June 19, 2014, February 15, 2018, April 24, 2019, and June 7, 2023 (and maybe some other times that I do not remember). Because LGBT people face persecution in many countries, such cases are often strong. You need evidence of your sexual orientation (letters from friends, photos at LGBT events, documents showing membership in LGBT organizations, etc.) and also evidence of country conditions. Also, if you were harmed in the past, you would want evidence of that, such as letters, medical reports, police reports, etc. Generally, though, such cases have a good success rate. Take care, Jason
“Generally, though, such cases have a good success rate. ”
Is it true ? I have seen quite some (aka, many) cases where LGBT asylum seekers are denied asylum…https://immigrationequality.org/legal/legal-help/asylum/case-law/
This type of PSG cases usually deal with private harm, the type of harm that AG sessions deemed not qualified for asylum, right ? Or is there a new positive trend for lgbt seekers ?
I have done many LGBT cases and I can only think of one that was denied, but there were extenuating circumstances, as he had previously been ordered deported and he left the US rather than file an appeal. Plus, he was from Fiji, where country condition evidence at that time was not too bad. Take care, Jason
That is a very impressive track record. Tho I wonder whether if there is a selection bias aka only clearly winnable lgbt cases are selected for representation. But that’s just my speculation. (Am I not annoying 😂).
I say this because I know that locally, I have found, through my personal experience and experience of others. A lot of these … very outstanding organizations (in advertising and in their websites), when I or my acquaintances really consult them, we find that they are rather average in what they are talking about and their capabilities and cases they (chose to) represent were usually clearly winnable cases. For complex or difficult or edge or even cases that have around 50~60% cases of losing, I don’t see in their websites or any advertising materials. I guess I just have mixed feelings regarding this. It’s perfectly normal to want to appear perfect on paper but, because of my personal experience and experience from people I know. Most of these local legal organizations that boast high success rate….usually there is more to the story…
And it looks like nonprofit organizations have this problem more serious.
But on the other hand, you are an expert in asylum law. I have no doubt that you do a better job in handling this problem because of your expertise and experience. And also simply your organization is not nonprofit and will have more resources. So it’s likely an lgbt asylum case will have better representation in your office than in those resource-overstretched nonprofits. I also hope the 100%-1 winning record include some of the more complex cases (non-clearly winnable cases) so that average (non-clearly winnable) lgbt asylum applicants can have one more place to go for real help
Don’t worry, I lose plenty of cases, but LGBT cases tend to be stronger than the average case (because sexual minorities face more serious harm than many others). Take care, Jason
Hi Jason,
Me and my husband got divorced after we applied for asylum.
I did my interview last year. However, the Asylum Office says they can’t give me my decision until they interview my ex-husband (since there are kids involved in both our asylum applications).
My question here is, is it possible for his attorney to know my interview details and also what is decided on my case? Is it legally possible? The reason I am asking is my ex told my kids that he knows what is decided in my case and also knows what I said during my interview.
I need your insight here please,
Thanks a lot
I guess anything is possible, but generally speaking, asylum cases are confidential and it would violate the law for the asylum officer (or anyone in the government) to tell your ex or his lawyer about what you said at your asylum interview. To me, it would be very surprising if an asylum officer did reveal your confidential information, as they could lose their job and also potentially face criminal liability. Take care, Jason
Thanks Jason,
Be very blessed!!!!
Hi Jason,
Last month, during my court hearing, the DHS lawyer initially mentioned that the background check wasn’t ready and needed two more months. However, at the end, he stated, “I think he met the burden of proof.” The judge postponed the verdict due to the pending background check and scheduled another hearing in two months. I have two questions:
1. Could the background check still be pending after two months, and what would be the possible scenarios?
2. If the background check is approved, does the judge automatically grant asylum, or will additional questions be asked?
Thanks for your assistance.
1 – Yes and that can cause more delay. Maybe you or your lawyer can call or email the DHS lawyer a week or so prior to the hearing to ask about that. You can find their contact info if you follow the link under Resources called DHS Office of the Chief Counsel. 2 – Assuming the judge agrees with DHS (they usually do), the judge will probably just grant asylum. If the background check reveals any problems, DHS or the judge can ask about those. Take care, Jason
Hi Jason,
I’ve been a follower of your blogs and tweets since 2016 and have found them incredibly informative, more so than any other resource. They were instrumental in helping me find a trustworthy attorney after being referred to court due to a prior engagement with a dishonest lawyer. Additionally, I purchased your book, which has been a fantastic resource.
I have a question regarding a USCIS notice I received, which mentions inconsistencies in my testimony and affidavits. My previous attorney mishandled my affidavit—essentially, it seems it was submitted without proper review. Furthermore, we did not conduct any interview preparation, leaving me confused during the questioning. As a result, some of my answers might not have been articulated as well as they could have been.
Given the focus on the reasons for referral mentioned in the letter, how can I best prepare for my individual hearing, especially if the government officer dwells on these inconsistencies? Your advice would be greatly appreciated.
Thank you.
Thank you for the kind words. It would help to get as much information as possible about the asylum interview, and so if you can get a copy of that through a Freedom of Information Act request, that would help (there is a link under Resources called FOIA USCIS). That should get your some information, though other information will likely be redacted (i.e., they will not give it to you). Also, if the case is online, your attorney can access all documents that the court has, and in some cases, there is info from the asylum interview. Having this information would help you prepare to answer specific questions, which you may need to do, as the DHS Attorney (the prosecutor) may have the Asylum Officer’s notes and could ask you about inconsistencies. You can explain some issues as you did above, by explaining what the old lawyer did (or did not) do for you, but I think that will only get you so far – you need to prepare to answer their specific questions. I think it may also help to prepare a new affidavit that contains explanation for the prior problems, since it often helps and is more effective to give them that information without them asking for it. Finally, you can also try to get more evidence for your case, if possible, as presenting a stronger case with evidence might help overcome deficiencies with your testimony. Take care, Jason
Thank you so much Jason.
hello jason,
i made a mistake on the yes/no Questions on the i-485 without any intention but unfortunately there was a mistake, and the application was approved 2 years ago now will that affect me on the N-400 interview and considered misrepresentation or it could be fixed by admitting the mistake at the beginning of the interview? yes/no question if have you ever detained.
When you apply for citizenship, there will be a similar question on the N-400 form. I would circle the question and write “see cover letter.” In the cover letter, I would explain about the error on the I-485. I do not know if this is the case for you, but many people make a mistake on that question because they think it only applies to criminal detentions and not political detentions, so maybe that is an explanation. Also, there are a number of similar questions on the I-485 (and the N-400) and so you might double check that you answered those similar questions correctly. Take care, Jason
that’s what really happened cause i was detained politically not as criminal! thanks for clarifying the situation for me Jason! god bless you
Hello Jason,
If my father visits US and returns back to my persecution country (I am persecuted based on political opinion, religion and ethnicity). He had been persecuted and physically assaulted by the government I seek asylum from. His persecution was not based on his political opinion rather than ethnicity, religion and profession. However, since he is old, he does not want to seek asylum anywhere and prefers to stay in the persecution country with all the harm he has faced. As you know some people don’t want to leave the place they were born, grown up and got old.
My questions is:
1) How will his return to the persecution country impact my asylum case in the US?
If he returns and the Asylum Officer knows about this, you will need to explain that, as you did above. Different people have different levels of tolerance for persecution and being in different stages of life is clearly a factor for many people, so it seems to me that the explanation is very reasonable. You might also want to make a distinction between him and you, to explain that the government is more interested in you (maybe because you are more political, or because you are seen as a great threat since you are younger, for exmple). Take care, Jason
Hi Jason.
For exception to the filing deadline, I have maintained legal status for several years as a student. It only requires reasonable amount of time between the expiration of my legal status and filing date, right? Does the length of maintained legal status also need to be reasonably short?
The length of time you have been in the US does not matter for purposes of the one-year bar, as long as you file for asylum within a “reasonable time” of that status ending. So I had a case where the person was in the US for more than 15 years on a student visa (she was apparently a slow learner), and we filed asylum for her, and that was not a problem. You will need evidence that you maintained your status, such as school records + work records and the EAD if you were here based on OPT. Also, the phrase “reasonable time” is not defined by law, so it is best to file before your student status ends or as fast as possible after that status ends. Filing the I-589 online may be quicker if you can do that. As I recall, there are cases saying that 2 or 3 months is “reasonable”, but 6 months is not “reasonable,” but since it is not so clear, you should file as soon as you possibly can. I wrote more about the one-year bar on January 18, 2018. Take care, Jason
Hi Jason. We were granted asylum in 2019.
After we applied for Refugee Travel Document being outside of the country
(in statement I explained that we did apply while being in the country previously but due to mail delivery delay our i131 forms were delivered one day after we left the country and therefore request was denied),
we received a notice that the office intended to deny because now the reason is that we spend more than a year outside of the U.S.
I did explain in detail that we spent so many days because we waitied for the previous i131 to be processed for 15 months, however, this did not help. Now we have 20 days to “Provide any documentation that you believe establishes you are aligible for a RTD”. We don’t know what to do. What can we send? Receipt and denials from the previous i131 forms that were sent while we were in the country? It’s basically what we explained in the statement already. It looks like a deadlock for us. Please advise.
Thank you so much.
Sometimes I think we should go to the border and hope the officer will grant entry there.
I am not sure how to resolve this, especially without seeing the USCIS letter. I definitely think you should talk to a lawyer to look at the specifics of the case. Also, you might reach out to the US embassy in the country where you are now to ask if they can assist. Usually, their web page has contact info. Finally, I have not researched this, but I do not know of any law that says you lose refugee status by remaining outside the US for 1+ years. There may be such a law, but I have not seen that. If you talk to a lawyer for help, maybe that is one thing the lawyer can check. Take care, Jason
Jason, Hello!
Thank you for always looking out after us. I have been waiting for asylum interview for many years now and willing to apply to PR in Canada as well. They have a point based PR system. Applying for it does not contradict my asylum claim in the US because I am not going to my country of origin. But I have a difficulty. The English exam required for PR require an unexpired passport to register. Mine is expired. If I extend extend my passport to only sit for the exam, will it mean I am going against my asylum claim? I am not travelling, I am not going back. The extension of my passport does not provide me any status in the US. It offers no protection against anything. I can’t really think of any benefit it could provide me. Are there any exceptions to extending an original passport? Are the asylum officers really hell-bent on not having it extended. And, yes, it was the gov of my countries that persecute me, not third parties. But I am still legally a citizen of my country unless I am granted an asylee status, or not? Can I extend my passport? The language testing center would not accept my US issued EAD or driver’s license. That is their policy. I am very lost on what I can do. Can you share your insights, anything? Thank you.
I think you have to balance the risks. If you extend the passport, the Asylum Officer can ask why you did that (which you can explain) and why your government agreed to extend the passport, which you should be prepared to explain. We have had many clients do that. The explanation is usually that they are not such a high-level target that their government would refuse to renew the passport, or that the government does not keep track of opponents in a way that allows them to deny a passport renewal. Whatever the explanation is, you should be prepared with that for the asylum interview. Otherwise, I think the risk is very low that extending the passport would harm your chances for asylum (and anyway, if you go to Canada, you will presumably withdraw your asylum application). Take care, Jason
Jason, I am forever grateful for all the support you have given me through your blogs. Reading your posts is like therapy for me during the years-long waiting I had to endure until my case was adjudicated.
I read your post from a couple of months ago about the waiver of the one-year waiting period after the grant. And, your suggestion of waiting for 6 months before applying. I am thinking of applying before the fee change applies on April 1, 2024. Is waiting for 6 months still your suggestion before an asylee applies for a Green Card (I-485)? Do you have any information on what happens if USCIS gets to review the application before 1-year physical presence requirement is reached (does it get denied or . . .)?
We are still recommending 6 months, but you can file earlier than that. I think the risk is small, since usually USCIS takes more than a year to process the GC. However, I have not heard any news about what happens if USCIS decides the case before a person has one year in the US post-asylum. Take care, Jason
Jason, how to be consistent with the horror incident happened in home country? Everybody wants to erase it from memory. Many on this platform have suffered trauma and are still trying to recover taking expensive medical treatments. PTSD , I am still taking psychiatric consultations to bring life back on track. Have lost 15 yrs marriage ended up with divorce. How to keep consistency amongst all those events? Paying taxes every year from last 15 years, no single ticket, no any criminal charges, haven’t received any public benefits, always helped kid’s school and community in crisis, contributing anonymously in charities. Sad thing is , to win asylum in court I will have to REMEMBER each and every incident happened in my home country which I want to erase from my memory just to stay consistent with my story…my whole life appears to be cursed life…
I agree that it is difficult and traumatic to make asylum seekers go over past terrible events. If the process took 6 months or a year, that would be one thing, but to require people to keep these memories alive for 5 or 10 years is very cruel. Nevertheless, that is the system we have and it is usually required to testify about past persecution in order to win asylum. I have written something about this issue on January 9, 2018 and maybe that is worth a look, but it sounds like you are engaged in life, doing your best to build a life here while waiting for your case. I hope you can keep the bad memories separated from your regular life, but at some point, when the case is ready for an interview, you will need to think about them again. I do think that if you keep in mind that you can explain why you may not remember certain details, it is usually ok. Also, officers and judges have some training about how people deal with trauma and are usually sensitive to that. Finally, if you have documentation of your past persecution, it may help avoid having to testify in much detail. Take care, Jason
Hello everyone;
I have a general question and I would appreciate if anyone has information about K1 visa process to share it…
My fiancé’s I-129 was approved recently and last week I got an email from the U.S. embassy in my fiancé’s country informing me that they have received her case and they will be processing it and I was asked a few general questions about my fiancée…
I would like to know what is the next step in the process…
Does my fiancée have to wait to get an official notification from the embassy before submitting visa application…
Thanks
Joseph
I have not done such a visa in many years, and so maybe someone else can give a better answer, but my recollection is that the embassy will send an email with the instructions for next steps. Take care, Jason
hello Jason,
My friend just got referral from Arlington office and the master hearing going to be In December 2024 so my question is does he needs to contact an attorney asap for his case cause he doesn’t want to stay with his old attorney anymore after the denial from the asylum office or can he wait maybe until July-August 2024 and contact an attorney because he might get a chance and find a company to sponsor him in Canada in the next couple months, so maybe he will choose a voluntary deportation and move to a different country.
Thanks!
If he has an alternative and might leave the US, he might want to pursue that before paying an attorney to assist with the court case. That said, attorneys are busy and it is good to hire someone at least a few months before the Master Hearing. Also, if he does go to Canada, he may want a lawyer to help close the court case here and avoid a deportation order (which will make it more difficult to return to the US if he ever wants to come back). Take care, Jason
Hi Jason,
Lets say someone apply for asylum the lawyer mistakenly forgot list all of his siblings in the asylum application ( although siblings are not applying for asylum and have nothing to do with the case). How can the applicant fix this problem? Can they update the asylum application before the interview? What explanation should be provided for this mistake?
It should not be a problem. Before the interview, we provide updates and corrections to the form. I wrote about that on July 6, 2022. For an explanation, it sounds like the lawyer made a mistake and the applicant did not realize it was important, and so that is probably enough of an explanation. Take care, Jason