In criminal law, if an accused person spends time behind bars before his conviction, that time can be credited towards his total sentence. Is there an equivalent concept in asylum law, where applicants routinely wait years for a decision in their case?
The short answer, sadly, is no. Of course, there are many benefits to winning asylum, but there is no “credit for time served” in asylum purgatory. Waiting for years before your case is approved does not make the journey to residency or citizenship any faster. But there are things that the Biden Administration can do to ease the journey–both during the time asylum is pending and after asylum is granted.
While Asylum Is Pending
Lower the Burden of Proof: As the years go by, some asylum cases improve, but most become weaker (I wrote about winning old cases here). At the same time, asylum seekers become more integrated into society. They become part of their community and their community invests in them and relies on them. At some point, it becomes unfair to ask such people to leave. To mitigate the harm caused by denying old cases, the burden of proof should be eased. This way, more long-pending cases will be approved, and asylum seekers who have been waiting for years (through no fault of their own) will be more able to remain in the United States.
Travel for Asylum Seekers: Most affirmative asylum seekers are eligible for Advance Parole, which allows them to leave the U.S. and return. Unfortunately, the process of obtaining Advance Parole for asylum seekers is long and unpredictable. That is not the case for other applicants. For example, people getting a Green Card based on marriage can obtained Advance Parole as a matter of course. USCIS should allow asylum seekers to apply for Advance Parole when they apply for the work permit, and the Agency should issue a “combo card,” which is valid for work and re-entry (as they do for other types of applicants). If asylum seekers were able to more easily travel during the long wait, it would ease the burden of family separation.
After Asylum Is Granted
Refugee Travel Document: Once asylum is granted, asylees can apply for a Refugee Travel Document. The wait time to obtain an RTD is quite long (1+ years) and the document is only valid for one year, which makes it difficult to use. USCIS could solve this problem by automatically issuing the RTD when asylum is approved and by expanding the validity period to five years or longer. Improving the RTD seems like such a simple fix, and yet USCIS continues to dither while asylees suffer. Hopefully the Agency will take action to improve the RTD before the end of President Biden’s term.
Follow to Join: After a person wins asylum, she can file a form I-730, so her spouse and children can join her in the United States. This is a two-step process that can easily take two years. First, USICS adjudicates the I-730, and then the case goes for processing at the U.S. consulate. It seems to me that the first step can be incorporated into the asylum interview itself, so that when asylum is approved, the I-730 is automatically approved and sent for consular processing, where the asylee’s dependent is vetted and issued a travel document.
Applying for a Green Card: Once a person receives asylum, they can apply for a Green Card. The old rule required that they wait for one year after winning asylum before they could apply for the card. Under new rules, an asylee can apply for a Green Card as soon as asylum is granted. However, USCIS cannot actually issue the card until the asylee has one full year inside the United States after asylum is approved. What happens if USCIS processes the Green Card application before an asylee has one year in the U.S.? I do not know, but I fear that the application will be denied, and the asylee will lose her application fee and have to start the process all over again. For this reason, most lawyers recommend waiting six months after winning asylum to apply for the Green Card, since it seems very unlikely that USCIS would complete a Green Card application in less than six months (and hence, there is little danger of a denial). USCIS could easily solve this problem by announcing what it will do when a Green Card application is completed and the applicant does not have the full year inside the U.S. Again, this is an easy fix, and it would be nice if USCIS could just get it done already.
Back Dating the Green Card: When an asylee receives the Green Card, it should be back-dated one year. Meaning that if you get the card on June 5, 2024, it should be dated June 5, 2023 (I say “should” because sometimes USCIS forgets to back date the card). The purpose of back-dating is to give asylees some credit for the period when the asylum case was pending. The rule related to back-dating the Green Card is contained in the Immigration and Nationality Act, meaning that it can be modified only by Congress. While I suppose it is not urgent when compared to other problems, given that asylees now often wait many years for a decision, Congress should increase this one year period to reflect the reality of these long delays.
Under U.S. law, we generally do not have a duty to rescue others who we see in distress. But if we do decide to rescue someone, we have a duty to perform competently. The situation with asylum is analogous. Our country does not have to offer asylum to those fleeing persecution. But we have taken on that responsibility. As such, we have a duty to act competently. Leaving people in limbo, separated from their families for years represents a failure of that duty, and a moral failure as well. USCIS should take action to ease the burden for people who have relied on us, and who have been waiting and hoping for a resolution of their asylum cases.
Jason, I’m granted Asylum on March 2019 & applied for 485 on Jan 2020. Due to the pandemic (I think), my GC arrived on March 2022 saying permanent resident since March 2021 (instead of saying permanent resident since March 2019). I know I can apply for citizenship by Dec. 2025. However, I NEED to travel to home country for religious treatments. I’m diagnosed with stage 4 cancer & medical treatments are not helping much here in the United States. I hope to be better if I travel back home and get religious treatment.
My question is, if I apply for US citizenship now (1 yr early) mentioning above reasons with valid Drs letters & medical records, do you think USCIS will accept my request and approve it? I don’t want travel back home with RTD and Trump being president.
I think you will not be able to apply for citizenship early. A person is not entitled to have the GC back-dated to the date asylum was granted. It is back-dated one year for everyone, regardless of when asylum was granted or how long the GC process took. I know of no exceptions. Assuming you are otherwise, eligible, you can apply 90 days before the 5-year anniversary of your GC, and so you should be eligible to apply for citizenship in about December 2025, as you mention. In terms of travel to the home country, there is some risk in that, especially if you fear harm from the government (as opposed to a non-state actors like a terrorist group). It would be better if you can get that same treatment in a third country. If not, you will have to balance the risk to your status against the need for the treatment. It certainly would be better if you could travel and return before January 20, 2025 when Trump assumes office. There are also steps you can take to reduce the risk – I wrote about that on January 6, 2016. Take care, Jason
Hello Jason,
Greetings!!
Iam filling 485 to adjust status, based on my wife granted asylum. That means I and my kids are derivative Asaylee.
what should I answer to the question of ” Is your current spouse applying with you?” which is page 7 part 5 item 10.
also what would be the answers to the same type question ” is this child applying with you?” which is page 8 part 6 item number 11.
I have three children together with my wife are Appling the green card at the same time. My wife is the principal and the rest are derivative.
Thanks for your wonderful help
I would just indicate that they are applying with you, since it sounds like you are all applying at the same time. While your wife is the principal asylum applicant, you all have asylum as derivatives and so each person is the principal in their own case. In other words, I do not think you need to list your wife on your and your children’s I-485 forms. I guess there is no harm in doing so, but we do not list the principal asylee when we file a I-485 for the derivative asylee. Take care, Jason
Hi Jason,
I cannot thank you enough for your help and guidance for the asylum community. I am Christian from Pakistan. I fled my country due to accusations of blasphemy because of my religion. Unfortunately, my case was poorly prepared initially, mainly because of a lazy and fraudulent attorney. I have since changed my attorney, and she has significantly improved my case from scratch. However, my case was rescheduled for the fourth time today. The first two reschedules were due to COVID-19, the third was for an unknown reason, and today it was because the court did not provide an Urdu interpreter, even though I am fluent in English and work in healthcare. Despite my attorney requesting to proceed without an interpreter, the judge declined and rescheduled the case.
I will be temporarily moving to another state for a year for training. I have a few questions. 1. What steps can I take to prevent further rescheduling, and do you think having an interpreter is necessary, given my fluency in English? 2. What are the chances that the judge will move my case to another state, considering my temporary move and eventual return? 3. Given the court’s history of rescheduling cases, can we request the judge to compensate by waiving some years required to apply for citizenship if my case gets approved?
Thanks
First, I should say that the court often cancels and reschedules cases, and so that is not so surprising. However, in this case, where you indicate that you are able to proceed without an interpreter, it is a little surprising that the judge postponed the case again. If you (and any witnesses) do not need an interpreter, your lawyer can file a notice with the court to let them know that you are fluent in English and will proceed in English. That would at least eliminate one problem. As for your questions: 1 – Besides doing the case in English, not much. If the new date is far away, you can ask for an earlier date. I wrote about that on April 20, 2017. 2 – If you keep your permanent address and still use it, you can probably avoid filing a change of address form. Maybe talk to your lawyer about that, but if possible, I would try not to move the case, as this will probably cause more delay. 3 – Unfortunately not (as I discuss in the above article). Take care, Jason
@Jason and @fellow asylum seekers…what’s your take on if an asylum seeker trying to seek justice and impose punishment onto persecutors…
The lasting damage and trauma is still negatively affecting my life…I feel the persecutors deserve punishment…I cannot let go of this thought … I cannot find peace with myself until I see persecutors punished…
So…my question is…should asylum seekers try to seek justice and punish the persecutors…or should asylum seekers just let go after granted asylum and live peacefully ?
I do not know your situation and have no idea about getting revenge. It sounds like a bad idea that is unlikely to work or to help you, but I wouldn’t really know. Take care, Jason
I mostly agree that it is unlikely to work and/or help.
But should the persecutors be punished tho ? I feel like they did all the damage, and went unpunished…It just feels to me that there is something wrong…
Do persecutors enjoy immunity ?
In life, I would guess that most persecutors get away with it. Maybe living well is the best revenge. Take care, Jason
If I may add my two cents… Having worked in the mental health and counseling field for many years, specifically with asylum seekers and LGBTQI+ individuals, I can assure you that exacting revenge does not heal or cure trauma. My recommendation would be to seek help through therapy. While therapy is not an overnight fix, it can help lessen the effects of trauma, allowing you to function normally.
From your posts and comments, it appears that you may be struggling mentally. While I understand that reading blog posts, articles about immigration and politics, and engaging with the community here might feel therapeutic, it might be beneficial to take a break from these activities. Instead, you may want to spend some time researching how you can access therapy services for free or at a reduced cost.
There are organizations that provide these services for free or at a substantially reduced cost for those who cannot afford them.
I don’t know if it will heal or cure trauma because I have never attempted it…
But…in your experience, whats the best action to take other than be away from the community ?
I mean I have no other means to get to know asylum info other than from this blog…cut myself off from this blog is not in my best interest…I unfortunately have a need to stay engaged…
But other than that…what’s the next best action people like me can take to have better mental health ?
That is helpful – Thank you. One starting point is to contact a non-profit, which can sometimes give a referral. I did a post on September 22, 2016 about how to find a free lawyer, but this includes links to non-profit organizations, organized by state. Take care, Jason
Hello Jason, I’m asylee from Ethiopia and my wife is derivative from Egypt. When she receives her refugee travel document, can she use her passport to enter Egypt and her travel document to return to U.S.? She doesn’t have green card yet. Thank you
Yes – as long as the RTD is valid, she can use it to re-enter the US. Since she is a dependent and from another country, there is no problem for her to go to Egypt (though it is possible she will need to explain that she is a dependent when she re-enters the US, but I doubt she will be asked). Take care, Jason
Hello jason
I’m currently in Poland on vacation but i’m a green card holder and have RTD that will be expired in. January so I applied for the renewal 4 months ago and it’s still pending:( how long does it usually take to get the RTD nowadays? You have mentioned earlier this year that they are most likely extend the validity of the RTD this year to 5 years!!! Any updates on that or it’s dead??
Thanks
Yok Shimoshk! (sorry for the poor spelling). It is taking more than a year to get a new RTD. Technically, when you file to renew, you are supposed to include your original RTD if it is still valid, and so in your case, USCIS may ask for the original before they approve the new application. In terms of the possible extension, I have not heard any updates since last fall, but I am still hoping USCIS will make that change. Finally, even if they extend the RTD validity period, it will not affect your current RTD, and so you should be sure to return to the US before that expires. Take care, Jason
I just deep dived the statistics…
and want to affirm that @Jason is right, the latest data does show that, for affirmative asylum seekers…IJ overturned 76% of the asylum officer-denied cases…
I mean…shall I do happy dance now ? I am an affirmative asylum seeker from one of the highest approved countries…I hired the best asylum attorney in the country…I mean according to TRAC, people with representation, the grant rate is 5 times higher…and I am a never-detained, English-speaking one…these two factors seem to also contribute somehow to grant rate…I also live in probably the most immigrant-friendly region in the country btw…
So am I a shoo-in for asylum grant, even if denied by asylum office lol ? I don’t think so ? I’d rather treat my case as a close, edge one where it has around 50% chance of winning, so I can be prepared. And I am always prepared for the worst case scenario. I consider that a virtue.
But…behind these statistics, I feel something is so wrong. With such high overturn rate. That means, a wrong decision emerges from DHS…escaping 4 tiers of prevention:
The asylum interview officer didn’t make the right decision. The supervisory officer didn’t make the right review, the asylum division hired a non-competent one, and the asylum training didn’t properly train this asylum officer…I mean… if 3 out of 4 (denied) asylum cases are wrongly decided…that seems alarming… right ? Is that a fair conclusion to make ? tbh, I largely lost confidence in asylum office after seeing the 76% overturn rate…
I wrote about this with some thoughts on March 8, 2023. Take care, Jason
Okay
Hello Jason, Thank you for helping us. I interviewed at the asylum office in February 2024, and my decision is still pending. I assume it is now in the background check process. I plan to file a Mandamus lawsuit against USCIS. But before that, I want to submit a FOIA inquiry. My question is, does the FOIA inquiry reveal what was the asylum officer’s decision? I want to make sure it is recommended approval before filing the Mandamus.
The FOIA may reveal the decision, but I think sometimes it is redacted and so you do not get it, and other times, it is not there. Sometimes, people do get it. I did a post about delayed decisions on June 2, 2021 and that might give you some ideas prior to filing the mandamus. Take care, Jason
Hi Alex, thanks for sharing.
Can you advise which asylum office?
I’m waiting for my decision as well but not as long as you.
Hi CK. It is Houston. One month after interview, “decision pending” changed to “application pending”.
Thanks Alex. I hope they reach decision & send you approval ASAP. Best of luck!
Hello Jason. I will ask a question about a friend. A friend of mine is living with his 3 children and wife in this country illegally for more than 8 years. They came with tourist visas and they overstayed their visas until today more than 8 years if they apply for asylum now I know there is 1 year bar and that’s too late to apply but what will happen ? They will say they didn’t apply because things in their country was different now it changed. So will they automatically be denied and referred to immigration court ? Somebody told me that even it’s more than 1 year they must apply and case can get postponed for years…what’s the latest statistically on that ? Thanks s and take care
They can apply and they should try to overcome the one year bar – there are exceptions to that rule, and I wrote about them on January 18, 2018. If they can demonstrate that they meet an exception to the rule, they can still win asylum. Also, if the children are under 18, they may want to apply for asylum individually, since children under 18 are not subject to the one-year bar (technically, they meet the “extraordinary circumstances” exception to the rule, since they are under a “legal disability,” i.e., they are minors). In any event, it may be possible to win, and it is worthwhile to try. That said, it is also likely that they will wait years for their interview. Most people do, but some people get fast interviews, so they should make sure the case is ready in the event that they get called for a fast interview. Take care, Jason
Hi all
Just have a normal question for Form I-485, Application.
THESE ARE My PROGRESS:
1- April 10, 2023 We accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our National Benefits Center location is working on your case.
2- April 10, 2023 The fingerprints relating to your Form I-485 Application to Register Permanent Residence or Adjust Status, were taken.
3- March 14, 2024 We sent a request for initial evidence for your Form I-485, Application to Register Permanent Residence or Adjust Status. ( Waiting 339 calendar days )
4- May 22, 2024 Response To USCIS’ Request For Evidence Was Received (20 Days So far Waiting)
Does anyone have this experience and how long it will take to receive a card or schedule an appointment?
Does anyone have experience of this kind? and usually, when did you receive it
Thanks
Hi Nab. What was the initial evidence request for?
Hi JUSTICE,
For medical exam , I-693, Report of Immigration Medical Examination and Vaccination Record
I didn’t send it with the GC application ,
Thanks
Thank you, NAB.
We do often see USCIS schedule an interview or make a decision shortly after the person responds to an RFE, but not always. Hopefully, you will get some news soon, but at least the RFE shows that USCIS is working on the case. Take care, Jason
I applied for asylum in 2014, was referred to court in 2017, and have had my case postponed three times: first due to COVID, second because the judge was unavailable, and lastly because no interpreter was available, despite my request to proceed in English, which I am fluent in.
The government should consider changes in asylum laws. Specifically, individuals who are eligible or already have approval for labor-based green cards should be eligible to apply for Adjustment of Status in such cases.
Currently, there are 3 million asylum cases pending in New York courts alone, with each judge assigned 5,000 cases. If just 5% of these individuals are already eligible for or have work-based green card approvals, around 15,000 cases could be removed from the asylum backlog, speeding up the process for remaining cases. However, our government is preoccupied with less important issues and is not seriously addressing this problem, causing suffering for clients, attorneys, and judges alike.
I think there are a lot of things the government could do to reduce the backlog, but I agree that this is not the government’s priority, unfortunately. One correct – there are a bit over 3 million court cases pending nationwide. You can find data about that if you Google “TRAC Immigration.” Take care, Jason
What would be the appropriate wait time for filing Mandamus Action while waiting long time for decision after an asylum interview?
That is difficult to say, but I would say at least 6 months and if you have already made inquiries with the asylum office. I wrote about ways to try to get a decision after the interview on June 2, 2021 and maybe that would help. Take care, Jason
Hi Jason,
I am applying for green card application for four of my siblings. They all live in the same household but do not share income. One of them is disabled, and one of them minor in the school ( parents are not here). Two of them are employed.
I am applying for waiving the fee for the disabled one, and minor in the school. There is a question about household income in the waiver fee. Do I have to put the entire family income while they don’t share the income or not ? If I add the entire family income, the two may not get waiver while they don’t even share incomes. I understand it’s a bit complicated but really need your help on this.
I assume they are applying based on asylum or in some other way that they are eligible to get the GC now. In terms of the fee waiver, if you look at the instructions to form I-912, http://www.uscis.gov, it defines who is part of the household. I think if the siblings are filing taxes independent of the head of the household, and are not listed as dependents on the tax forms for the head of the household, then their income would not count. It is a little tricky and so look at the instructions to see whether you have to count their income. Take care, Jason
Hi Jason,
If I submit a lawsuit again USICS because of delay hearing. There is any chance that they approve my case without hearing.
Thank you.
It depends on the case. Asylum seekers are required to have an interview. If you do plan to use, make sure your case is complete and ready to go, so that if you get an interview, you are ready. Take care, Jason
Thank you
Sorry, I meant to say that if you do plan to file a mandamus lawsuit, make sure your case is complete and ready to go, so that if you get an interview, you are ready. Take care, Jason
IJ pays deference to AO, BIA pays deference to IJ, federal court pays deference to BIA…
Does this deferential chain…disfavor immigrants ? It feels to me that in a middle-ground case, (where a different AO, different IJ, different BIA panel could arrive at a different conclusion, that’s not enough for an overturn…it must be compelled…to the point that any reasonable adjudicator would have ruled differently…)
the government is more like to defeat the asylum seeker than this asylum seeker win asylum in appeal…The asylum appeal in different levels seems to be slightly tilted towards the government…
Is my opinion reasonable in this one ?
Your opinion does not seem to be based on any facts that you cite. Also, it is disrespectful and unhelpful to make negative comments to people prior to their case, especially when you have nothing encouraging or useful to say. It would be appreciated if you could try to do better. Take care, Jason
In all fairness, I did wish @asylum seeker good luck…
I guess I am saying this because, I personally always feel that…for whatever reason, I feel that asylum advocates sometimes, (inadvertently or not), makes the impression that LGBT is easy to win…
that makes me … feel puzzled… because it’s not the impression that I get. I see many lgbt cases denied…
We don’t learn things from successful asylum cases…we learn things from failed asylum cases…so…by presenting less than rosy pictures…more people will take lgbt cases seriously, and add their own inputs…and it helps me get more idea of how OPLA or OIL could assail lgbt asylum cases…that’s just how I feel…I just hoped that I could dispel this rosy pictures … lgbt asylum cases are after all, still asylum cases…that if denied…could be detrimental to the petitioners…
If lgbt cases are so easy to win…all the funding and resources will just be shifted away from this group and to like…religious persecution cases or … political opinion cases…because the impression that lgbt cases are easy to win is established…that doesn’t align with my best interest….
I wish more resources, more input, more information, more feedback…so I can better prepare…so sometimes I put out all those … controversial remarks…to try to … elicit…comments…so that I can gather some information… If all I put out is … bland…words .like good luck, wish you the best. nobody would bother to reply to me…
I am not intentionally trying to discourage @asylum seeker, I am at most reckless…and I am sorry if I hurt @asylum seeker’s feelings. I truly am…but I also hope @asylum seeker and @jason could understand where I come from…
I feel so unhappy that, with the conviction…Biden’s is still behind Trump in the polls ! There appears to be a small shift to Biden but…
https://projects.fivethirtyeight.com/polls/president-general/
I am now very worried…
Hi Jason.
Individual calendar hearing coming up. I have a lawyer, an affidavit from a country condition expert, psychological evaluation. I am dreading the day but hoping to get granted. I’m a member of LGBTQI group and have been persecuted in the past. Country of origin has laws against LGBTQ individuals.
Any prognosis for me?
I can only say good luck to you. Many alphabeta people are persecuted around the world.
But unfortunately, as an asylum seeker, there is always a possibility that the IJ will deny asylum and order your removal…Your denial by the asylum officer is a clear indication that you are more likely to lose than win…even though you still have a good chance to win. but it’s more likely you will lose…that’s the presumption. An IJ is unlikely to side with you against his/her colleague in DHS…
To be safe, I would have start drafting my BIA appeal…if I were you…
Your reference to LGBTQI as alphabeta gives me a good idea of your knowledge of immigration laws and each individual case. Please refrain giving advice to people like me. This post was a question to Jason, not you.
I am wishing you good luck, and you are saying this to me ?
And the reason why I use alphabeta people is that…in recent years, the letters just keep expanding…so I cannot keep track…so I just use alphabeta to obviate the need to be precise…
As to my 2nd paragraph, there is statistical backup for my claim. More than 50% of the asylum cases referred to the EOIR nationwide result in removal order…that’s a fact. same for BIA appeal and federal court appeal…So my claims are factual and undisputed…I don’t know why you have a problem with it…
As to my 3rd paragraph…I personally always feel that it’s the best plan to prepare for the worst case scenario…so…start thinking about BIA appeal draft might not be a bad idea ?
“Good luck”, your response is not making sense. The fact that you are unwilling to acknowledge that your comment may be construed as anti-LGBTQI+ and therefore very offensive is what is driving me up the wall! Instead of accepting that your comment can be reasonably interpreted as offensive, you doubled down.
The person who asked the question clearly stated that they are a member of the LGBTQ community. That indicates they identify as one of the members of this community, making your description of the LGBTQI+ community unnecessary. Moreover, bona fide members and allies of the LGBTQI+ community never refer to it as “Alphabet people.” Personally, I have only seen that term used pejoratively or offensively by those trying to ridicule the LGBTQI+ community. In fact, if I am not mistaken, that term has roots in transphobia and homophobia.
You also continue to cite figures, statistics, and numbers about approval rates. Where do you get these numbers from? Please provide the source(s).
With all respect you are wrong, referring to the court dose mean asylum officer could not make a decision thats why she sends to the court my case was referred to the court but i got granted by IJ also two of my friends too, of course it depends on evidence and case each case has different situation but in general there is a good chance to get approved by IJ, good luck.
Thank you for your response. Is there any way I can email you? It’s such a hard time for me.
What Does It Mean to be Referred to Immigration Court?
This means that the asylum officer was unable to approve your asylum application and you are not currently in valid status. You will receive charging documents that place you in removal proceedings in Immigration Court. Your asylum application will be referred to the Immigration Court for an Immigration Judge to decide during the removal proceedings.
I think “unable to approve” is a decision…rather than non-decision. If they cannot make a decision, they will wait and make a decision (like wait for background check results…)
So referral by USCIS to immigration court equals to “I, as an asylum officer, decide to deny your application for asylum but will refer you to immigration court for removal proceedings…”
“Wrong,” “?”, “Good Luck,” “I Disagree,” or whatever you want to call yourself, can you PLEASE go away? You contribute nothing of substance or value to the asylum community that uses this blog. Playing devil’s advocate doesn’t count – it’s tired and worn out. How do you cite statistics from a table that you don’t even understand? You also don’t seem to know how to stay on topic! How do you start by talking about statistics for the LGBTQI+ community at the EOIR and then switch to citing overall statistics at immigration court?
Data shows that more than 75% of cases referred by the asylum office to court are granted by the court. I wrote about that most recently on March 8, 2023. Take care, Jason
I took a deeper look at the statistics and I disagree with your interpretation.
The TRAC data/table you cited is categorized into 4 columns: ordered removal, voluntary departure, granted relief*, other remain
The most indicative two columns are ordered removal and granted relief. The relief could be asylum…or WOR or CAT or …the immigrant could get relief by being a beneficiary of I-130 (not everybody who has an asylum court case is lucky enough to have a I-130 spouse…)…even if I am being generous and count all granted relief as being granted asylum relief… then, at least from FY 2016, more people with asylum application are ordered removal then granted asylum… So from FY 2016 to now…for almost a decade, if an asylum application is litigated to completion and a decision is rendered…more people lose in immigration court than win…
The other remain includes scenarios where ICE exercises discretion and granting administrative closure or dismissal….I mean…I wouldn’t count that as a win…but it’s not a loss…but it should not be counted in the percentage…
So if @asylum seeker wants an answer from immigration judge regarding his/her asylum application, instead of pursuing administrative closure or dismissal, or happen to be a beneficiary of I-130 or other relief…if @asylum seeker only has asylum application…and decides to go forward with his/her case…then @asylum seeker should be aware that…the odds in immigration court is against you…
The most recent 2024 statistics is 26514/(26514+33349) = 44.3% for grant…I would say this is not a small chance…but the government/ICE…seems to have an upper hand…in securing removal orders in completed cases by a 55.7%
I would have to look again, but I think you are citing overall approval data, but the relevant data is for cases referred from the asylum office to the court (not for all asylum cases, since “defensive” cases are often more difficult to win and bring the overall grant rates down). For referred cases, I provided a link in a prior comment, but the approval rate is about 76%, and this has held relatively consistent for two decades. In any event, I am not sure why you think it is helpful to provide discouraging information to a person whose hearing is upcoming and I would suggest you refrain in the future. Take care, Jason
I have found evidence suggesting that you might be right and I might be wrong. I will not spread the data that misled me further…
and similarly, BIA is more likely to side with IJ than side with you, federal court is more likely to side with BIA than side with you…
So…in my opinion, if an asylum case is denied in the USCIS…it’s more likely than not that, the appeal results will be the same (denial)…in all levels…
I will be back to this post to tell you that I won :*
Well…like I said, good luck to you.
But just be aware that the presumption is that you will lose, but…presumption is just presumption, you can overcome it.
I say this because, if the presumption is IJ will overturn asylum officers’ decision (more than half of the time)…then their legitimacy will be questioned…and that feels extremely unlikely to me…
I would completely disregard what that person posted, as the person is simply wrong on the facts and had I check this earlier, I would have deleted the unhelpful comment. Take care, Jason
Results obviously vary depending on the facts, evidence, DHS lawyer, and the judge, but in general, LGBT cases are very strong and as long as you have evidence of your sexual orientation (witnesses, photos at LGBT events, letters from organizations and people who know about you) and country condition evidence, you should have a good chance for success. Good luck, Jason
Hi Jason- when a asylum case is denied by an immigration judge in court and an appeal filed with the BIA
How long does it take to hear from the BIA?
Have you lately seen/hear situation where the BIA overturn an immigration judge decision?
Once you file the appeal, you get a receipt in a week or two, or if it is online, I think you get it by the next day. Overall, the BIA does not overturn many cases (the last data I saw, which is very old, was 11%), but I have seen many examples of the BIA overturning a decision and it is definitely possible. However, it depends on the case and you would want a lawyer to evaluate the judge’s decision to see if there are mistakes (which would cause the decision to be overruled). Take care, Jason
Hi Jason,
As a lawyer who has been involved in this legal bureaucracy, do you think if it’s going to get better or are immigrants going to die while stuck in this political match between parties?
Thank you for the work you do
I do feel like we are inching closer to a new immigration law. It might have happened recently, had the Republicans not rejected a bi-partisan deal. Maybe if Biden gets a second term, they will bring that bill back, and hopefully add provisions to resolve the status of people who are currently in the US. On the other hand, if Trump wins, he will only be interested in punitive measures and reducing funding for the asylum system. Overall, I am not optimistic, but I am also not without hope. Take care, Jason
Jason, I had come to the US as a student, overstayed my visa for several years, and later applied for asylum because of a change in political situation back home. I am still waiting for an interview. Can someone like myself apply for EB NIW. Everything written online mentions that it is open for the people with a valid status. How about if the applicant is out-of-status with a pending asylum status? Thank you sir
You would need to talk to a lawyer about the specifics of your case, but if you can do that, you would most likely need to leave the US and consular process. Also, you may have a bar to returning once you leave. I wrote about these issues on August 28, 2018 and September 6, 2018, and those posts might give you some ideas, but you would need to talk to a lawyer to know for certain, as these types of cases depend on many factors. Finally, I would be careful about using a lawyer here, as I think the EB path is very unlikely to work for you and you do not want someone to rip you off – make sure you have the lawyer map out in writing how you will get from where you are today, to having a GC, including whether you have to leave the US, whether you have any bars to return, and any other risks. Getting it in writing will help protect you, as some lawyers will complete the first steps of a case like this, even though they know that the client cannot finish the process, and you need to be careful about that. Take care, Jason
Hi all
Just have a normal question for I-131 application ?
Today I have completed 395 days waiting my RTD ?
Still same status: 1-131
Case Was Updated To Show Fingerprints
Were Taken
Do anyone has an experience of this kind? and usually when did you receive it
Thanks
You can check processing times for these at http://www.uscis.gov and that will give you some ideas. We are seeing these types of cases take more than a year; maybe 1 or 1.5 years for most people. Take care, Jason
Nab , my took 14 months to receive. I applied January 2023 and received March 2024.
ERIKA , Thanks so hopefully next month I will receive it ❤️
These are exactly things I don’t understanding with USCIS. My wife was a dependent in my case but when we applied for advance parole, hers got approved after 8 months but mine is still pending. The only good news is that her Travel Document is valid for 5 years. Talking about Advance Parole, is it true Jason that before you travel, you have to go to USCIS to get a stamp placed on your document prior to leaving the US? That is what my lawyer told me.
I do not know what type of stamp you are talking about. If you have AP and it is valid, you can use that to re-enter the US. The only stamp I know is for people who have a green card and it is expired or lost, they can get a stamp in the passport indicating that they have a GC. Maybe ask your lawyer to clarify what type of stamp, as I do not know about that and my clients have never needed it. Take care, Jason
Thank you Jason,
I knew he was just talking no sense because I never heard of something like that. I have another question though. We both do not have passports and if we have advance parole, can we also apply for Travel Documents to use them as passports? Do you take clients from Missouri?
AP is just a piece of paper that is used like a visa to re-enter the US. It does not serve as a passport and if you do not have a passport, you cannot use AP. If you have a Refugee Travel Document, AP is redundant and not needed. In terms of me, it would depend on the case. In general, I am not traveling for cases and if you only need the RTD, that is easy enough to do without a lawyer. Take care, Jason
Hello Jason,
I hope you are doing well, I asked you before about my husband’s case before and I told you he recently passed away . You told me to file for myself, I have a question regarding my work authorization that will expire in less than five months , what do I have to renew it ? can I renew it based on my husband’s receipt , or I have to wait till I get my own receipt ? It takes longer time to receive a receipt these days . I also have not contacted the Chicago asylum office of his death . Bringing to your attention I have a valid TPS and I’d rather have an EAD based on asylum as it has longer validity.
Thank you for your time
Technically, you should file based on your own case, meaning you need the receipt and you have to wait 150 days after the case was filed. Also, this would be an initial application not a renewal, so at least it is free. All that (except for the free part) is annoying. The problem with filing to renew based on his case is that USCIS could potentially accuse you of fraud, since you filed to renew the EAD based on a case that should be ended. Since USCIS does not know that your husband passed away, they would most likely renew the EAD, but I fear there could be negative consequences for you about that in the future. Probably the safest bet would be to file based on TPS for now, and then later, file based on your own pending asylum case. Take care, Jason
Just wondering, whether reentering on advance parole(pending asylum) will render me eligible to adjust status, though I had visa overstayed more than 6 months before I filling my application?
If you entered with a visa in the first place, you should be eligible to adjust status based on marriage to a US citizen or another “immediate relative” relationship. Otherwise, leaving and re-entering on AP does not give you any status upon re-entering and so would not change your ability to adjust status based on a job or another family relationship. If you have a path to a GC based on one of those, maybe talk to a lawyer, as there may be options; it just depends on various factors and I cannot tell that from your message. Take care, Jason
Greetings Jason and everybody else,
My interwiev date is pretty close in NY and in one of the coinfirmation receipt it says “Do NOT bring interpreter” if you speak any of following languages and they are marked down, then two days later i received another Receipt that says “please bring interpreter” if you are not Fluent in English Language othervise if you fail and not fluent we will cancel interview and refer removal !! im confused.
Please share if such a experience anybody else had, thanks in advance.
During the pandemic, the Asylum Office was providing interpreters, but now, applicants must bring their own interpreter. That is my understanding for all asylum offices, but it is certainly the case at my local office in Virginia. If you are not sure, you can email them to ask. You can find their email address if you follow the link under Resources called Asylum Office Locator. Take care, Jason
May I ask what percentage of asylum cases your office takes falls into, in your opinion, the “might win might lose” column ?
If this percentage is big, then I will be more hopeful.
Probably all of them, but some should clearly win and others are long shots. Take care, Jason
Thanks for the statistics !
“Some should clearly win”…is this “some” included in the “all of them” ? or is it an external “some” that exists outside of the “all of them” ?
The clearly win in my opinion should not in the “might lose” column, right ?
I am sorry I am being annoying again 😔…but it sounds like your office takes close, edge cases quite often/in not insignificant number…that does makes me a little bit more hopeful…
If they have a legally cognizable claim and want to hire us, we take the case. Take care, Jason
Okay, sounds good.
I also just want to let you know, I just tend to be pessimistic and distrusting (of the adjudicators in the asylum system) and cautious…regarding asylum. So, hopefully my tough questioning can be understood 😄…I mean, in immigration court, the questions from IJ or DHS will just simply be tougher than mine since the nature is adversary… It’s not I am questioning your validity as an asylum expert. I am just trying to think of every way the OPLA or OIL lawyers could assail LGBT asylum cases…so that lgbt asylum seekers could be prepared…I mean…most people don’t seem to particularly like LGBTs…so…it’s not like LGBTs will have an easy time in immigration proceedings…
Now that Biden has announced his executive order…
I guess your advice is heard by the white house…
Now…do you think this step of Biden will really help his election prospect ?
I feel like I (already) saw more criticism than praises…Republicans say “too little too late”, and liberals are obviously preparing to sue this executive order…I am worried about the scenario that this step doesn’t pull a single trump vote or independent vote…but also make democrats depressed and less likely to vote for him…
What do you think ?
We shall see – it will be challenged in court, but if it is implemented, and if it causes people to believe that the border is better under control, it may help sway some voters. On the other hand, as Republicans are touting, maybe it is too little too late, but of course, one reason that it is late is that Republicans tanked a bi-partisan bill that was designed to improve the situation at the border. Take care, Jason
Thanks for that ammunition.
Feel like Biden has already incorporated that in his talking points.
I am more hopeful now
Hi Jason. I am Asylee and GC holder. My family reached us on my i730 petition and all are GC holder too. My son married with a girl last year back in my home country. He filed i130 for her in last year August 2023. Still no new update. Now we are moving to another state. My Question is that when we will change address,will it not do slow the i130 application process?or what should do as no effect be on case.
Moving should have no effect on the I-130. He (and all of you) need to make sure to change your address with USCIS. You can do that through your USCIS online account if you have one (and this is safest) or using form AR-11, available at http://www.uscis.gov. Take care, Jason
My Green card was approved in 2020 and in October 2020 i filed an petition i730 for my wife to get green card . She is in Usa only but with Pending asylum.
My question is how long it takes to get an decision on i730 petition.. I tired to make inquiries online with uscis but its says its in Timeline . Its 1329 days today .
Is there any other way i can ask uscis to expedite the application?
If the I-730 is approved and your wife is in the US, it will give her asylum status. You can check the processing time at http://www.uscis.gov, but I highly doubt the case is still within the normal processing time (which I think is about 21 months). If you have inquired with USCIS, you can also try the USCIS Ombudsman – there is a link under Resources and they sometimes help with delayed cases. Also, you might reach out to your Congress person – there is a link under Resources to House of Representatives. Sometimes, they can help. If all that fails, maybe talk to a lawyer about filing a mandamus lawsuit. If that works, the judge will order USCIS to do its job. Finally, it is important that you do not file for your US citizenship until your wife has a green card. If you become a citizen before she has asylum, it may cause the I-730 to be denied, or if she has asylum but does not have a green card, your becoming a citizen will cause her case to be delayed (on the other hand, if you are a US citizen, you can file an I-130 petition for her, assuming she is eligible, and she can get a green card that way). Take care, Jason
I plan to travel to the Netherlands by the end of June and will return by July 12. My RTD expires on October 17, with almost three months of validity remaining. Does someone have the same experience to advise me if I am okay traveling or if it will be an issue for me? appreciate your honest feedback in advance.
Does your country of origin have extradition agreement with netherlands ?
No
I do not know about the Netherlands and whether they may want a longer validity period on the RTD (maybe you can check their embassy website), but in terms of returning to the US, as long as the RTD is valid, you can return – even if there is only one day of validity remaining. Take care, Jason
Hi Jason,
Great suggestions especially extending the validity of RTD to 5 years as that is how long usually a passport is valid for if not 10 years. I would also add if someone has waited for more than 5 years while waiting for asylum decision should have their GC backdated by 5 years if their asylum is ultimately approved as they have already completed the residency requirement in a way. Thank you.
It is a good idea, but I doubt we will be that lucky. At least they could back-date it a few years, given that some people wait for 7, 8, 9 years or longer. Take care, Jason
Good day Jason,I hope this finds you well and everyone else,I submitted my application for renewal of my EAD on September 9 2022.i received areciept extending my EAD for 540days which are expired.so I made an inquiry and got this response.On May 23, 2024, your inquiry about why your case is taking longer than our processing time, referral number *********was completed.What does this mean?Thank you for your help.
Following this…
@Jason, is the asylum pending EAD renewal taking very long again…long enough to exhaust 540 days…?
USCIS did reduce the 540-day automatic extension to 180 days, but then a few months ago (I forget when), they increased it again to 540 days. Presumably, this is because EADs are once again moving more slowly. I think some are fast and some are slow, and things are not predictable, but what else is new? Take care, Jason
I am not sure – you would think if the inquiry was completed, either they would make a decision about the card or let you know that the case is still pending. Your delay here is very long – maybe you want to reach out to the USCIS Ombudsman (a link is under Resources). They can sometimes help with delayed cases. Good luck, Jason
Thank you Jason.
Have you had that kind of experience, where
in immigration court, the prosecutor and/or the IJ…disbelieve the immigrant’s testimony or … cast the persecutors in a favorable light…rationalize the behavior of persecutors…minimize/dismiss the harm suffered…play devil’s advocates…Have you seen any kind of that ? These kind of behavior will sometimes make an immigrant emotional and further hurt his or her hearings…
If the government and the immigrant both offer compelling evidence. The immigrant’s will make him or her eligible for asylum, the government’s will make the immigrant not eligible…Who will the IJ normally side with ? assuming the strength of their evidence is close…
I have not seen that in court or the asylum office. Take care, Jason
good to know