The law of asylum requires applicants to file their form I-589 within one year of arriving in the United States; otherwise, their case can be denied as untimely. There are exceptions to the one-year filing rule, and if you are relying on one of those, you would normally include that information in the I-589 at the time of filing.
However, it is also possible to qualify for an exception to the one-year bar after you file for asylum. I recently employed some nifty case law to help a client overcome the one-year bar and win asylum, and I imagine that other late filers might benefit from this client’s experience.
In my case, the client was a police trainee from Honduras. He was threatened and attacked by gang members, causing him to quit the police and flee his country. He arrived in the United States in 2006. He failed to file for asylum within his first year here, but in 2010, he had a minor scrape with the law that landed him in Immigration Court. We filed for asylum that same year. To overcome the one-year bar, we argued that the client was traumatized by his experience in Honduras and did not file earlier because he feared he would be deported. This was the only excuse we could come up with, but it was weak and I was not optimistic it would be accepted.
For various reasons, the Immigration Court delayed the case several times, and the Individual Hearing was finally scheduled for May 2024. Over the course of the intervening 14 years (!), my client came out as gay and later married his long-time boyfriend. I was happy for this development. In part because I love love, but mostly because it made the case a lot stronger. The original claim (police trainee threatened by gang members) would have been difficult to win, but an LGBT case from Central America–especially where the client is married–is a much better claim. So substantively, the changed circumstances improved our case, but what about the one-year bar?
While there is no published case directly on point, a couple unpublished decisions provided helpful guidance about my client’s “changed circumstances.” First is Matter of G-A-H-, XXX-XXX-097 (BIA July 27, 2020), which involved a Colombian asylum seeker who failed to file for asylum within one year of arrival. The Immigration Judge denied asylum, and while the case was on appeal to the Board of Immigration Appeals (“BIA”), the applicant came out as gay and filed a motion to remand based on these changed circumstances (in a motion to remand, the asylum seeker asks the BIA to return the case to the Immigration Judge to consider new facts). The Board found that while the applicant “has been aware of his homosexuality for some time, he suppressed these feelings for many decades” due to “egodystonic sexual orientation,” “which prevented him from disclosing his homosexual orientation.” In other words, the asylum seeker was afraid to “come out,” and this prevented him from making a sexual-orientation asylum claim at an earlier time. After he came out and revealed his orientation, he filed a motion to remand based on changed circumstances. The BIA concluded that he had demonstrated changed circumstances materially affecting his eligibility for asylum pursuant to 8 C.F.R. §§ 1208.4(a)(4)(i)(B) & (ii). As such, the case was remanded to the Immigration Judge to examine the substance of the asylum claim.
A second helpful case for us was Ordonez-Azmen v. Barr, 17-982-AG (2nd Cir. 2020). There, the U.S. Court of Appeals for the Second Circuit found that INA § 208(a)(2)(D) “permits the agency to consider an asylum application that is otherwise untimely… based on changed circumstances that occur after the application is filed” (emphasis added). The court held that, when it passed the INA (the Immigration and Nationality Act), “Congress did not intend to bar the agency from considering the asylum application of an applicant who shows changed circumstances that first arise after the application is filed, and did not require that the changed circumstances even relate to the delay in filing.” “To the contrary, Congress clearly contemplated that the agency could consider a change in circumstances… at several stages in an applicant’s proceedings—even when the change bears no relation to the reason for the delay, and even as late as a motion to reopen a final order of removal.” “The BIA’s own regulations and decisions confirm our view that changed circumstances do not need to relate to the delay in filing and instead need only ‘materially affect’ eligibility for asylum.” Further, in In re C-W-L-, 24 I&N Dec. 346, 353 (BIA 2007), the BIA construed INA § 208(a)(2)(D) and related regulations to “permit an updated asylum application based on changed circumstances ‘at any time during proceedings before the entry of a final order of removal or within the 90-day deadline for a motion to reopen.’” “This rule would include a change that arises, as here, while an asylum application is pending.”
All this basically means that if a person files late for asylum, but then some changed circumstances arise while the asylum case is pending, the person can amend their asylum case to request protection based on the changed circumstances, and that the application–at least as far as the new claim is concerned–would now be consider timely.
Whether the original claim would also be considered timely is not discussed. Also not discussed is whether the new claim, based on changed circumstances, needs to be filed within a “reasonable time” after the change (for a new asylum filing, in order to overcome the one-year bar based on changed circumstances, the application would need to be filed within a “reasonable time” after the change; whether that applies in the situation discussed here is not clear). Although the law is not settled on these points, certainly if there are changed circumstances while your case is pending, you would want to file the new claim as soon as possible.
In our Honduran case, the applicant came out as gay (at least to some friends) in about 2015. He married in early 2024, and we filed the new asylum claim a few months later. We did not file a new I-589 form (though we could have). Instead, we filed updates to the pending application. I was worried that we did not file within a reasonable time after my client came out as gay, but certainly, he had filed within a reasonable time of his marriage, and so we relied on the same-sex marriage as the “changed circumstance” which would excuse his late filing (as this created a new basis for asylum–persecution based on his marriage to a man).
In the end, it all worked out for my client–both the Immigration Judge and the DHS attorney accepted our argument about the one-year bar, and asylum was granted. The lesson, I think, is that even if you feel you do not have a good basis to overcome the one-year bar, circumstances might change during the course of your case, and perhaps that will open a new path to asylum.
Hi Jason,
Hope you are doing well, and god always bless you for assisting hundreds of people in need of help voluntarily.
I am filing the green card and travel document together. Shall I put all forms together for green card and travel document? And also, do I have to add copies for some documents like ( I-94, EAD cards, asylum approval and etc ) separately for each form or just one copy should be fine for both ?
Last question: for fees, I heard that if we file the green card and travel document at the same time, we only pay one fee for the amount for 1420.00. Is this also true ?
Thank you so much
You will need to check the two forms – I-485 and I-131 (for a Refugee Travel Document). The fee structure changed a couple months ago, and I believe you now have to pay separately for both forms. I also do not know whether you file at the same address (though I think you do), and so you would want to check the direct filing addresses on each forms web page (at http://www.uscis.gov). I would include a complete packet of all documents for each forms, even if they are going to the same mailing address. Take care, Jason
Hi Jason ,
I am about to file I-131 for RTD , on part 6 , question 1 . There is a question asking country from where you are refugee or asyleee . Do I still need to mention the country that I obtained my asylee from even though I’m not asylee anymore (I’m a permanent resident now ) . I heard from some lawyer and Asylees that I should not waist my money for something that takes forever to be issued and only valid for 1 year( technically 6 month since many country require min 6 month validity ) . Instead I should renew passport and it should be fine as long as I don’t travel back home . What is and how much is the risk of renewing passport ? Thanks
I think it is worthwhile to file for the RTD. The fee is not that high (I think $165) and at least that shows USCIS that you are trying to follow their rules. If they fail to get you the RTD in a timely way (which they always do), that is a good reason for using your passport. I think the risk of using a passport is not much, but it is not zero, especially if you fear harm from your home government (as opposed to a non-state actor, like a terrorist group). I wrote more about this on May 25, 2022. Take care, Jason
Hi Jason!
My case is pending with immigration court and my IH has been cancelled 4 times. My friends here are concerned about my case and the presidential election. The question is, could the next president negatively affect an already pending case with the IC?
Also – what can one do if the IH keeps getting cancelled?
Thanks a lot in advance.
The president has some authority to change the law and a lot of authority to change procedures, and so there could be some effects, but at this point, we cannot predict. You can try to advance your court date – I wrote about that on April 20, 2017. Take care, Jason
We already filed one motion to advance. The court gave us a date but cancelled it again. How many times would one need to file a motion? It costs money too. lol.
You can file as many times as you want, but it is very frustrating that they gave you a new date and canceled. I do think you can ask again if you want (and if you want to pay the lawyer for that). Take care, Jason
Hey jason,
Any news about extending the RTD validation? If not then how can we reach to the people who are responsible for that so they can hear our complaints and pain??? Imagine being a green card holder and still can’t travel anywhere cause we wait 14 months for 1 year valid RTD!!!! GC holder and citizen in 2 years but still stuck in the country and can’t go anywhere outside of America!!!! We need 5 years RTD for god sake!!! Why they torture us!??
Supposedly they are working on it – that is what I have been hearing since about 2008. I really do think this will get changed. Maybe talk to your Congress person to let them know. Otherwise, maybe you can travel on your home country passport, even if that is not ideal. I wrote about that on May 25, 2022. Take care, Jason
My asylum case was based on political thing against the government so i don’t wanna mess up everything 2 years before applying for the citizenship! all the attorneys on youtube keep saying if trump comes back they will follow back all of your travel history at the N-400 process since your asylum was granted like he wanted to the same last time but had no time few months before the last election so i don’t wanna mess up all of my life and renew my home country passport! Hopefully they extend the RTD this year!!!
No one really knows about this, but obviously, if you want to reduce the risk as much as possible, it is best to not renew the passport. I do still think they will increase the RTD validity, but why it should be taking forever to make this decision, I have no idea. Take care, Jason
I am afraid I might have cancer…
I don’t have the stamina to face removal proceedings…could this be an valid excuse to administratively close my removal case ?
Best
Hopefully, you do not, but if you do, it could be a reason to administratively close. You would want some medical evidence about the diagnosis. Take care, Jason
I am not a person with the healthiest lifestyles, voluntarily (depression, anxiety, PTSD) and involuntarily (money…)
So cancer risk is always a worry…
So knowing that I can administratively close my case if that happens is a huge relief
Can a new claim be given in asylum application . I already have an asylum application. It was filed after one year and the reason is kinda weak its due to fear of deportation i filed late and not knowing immigration laws. I have work permit and my case is with uscis . Can i amend my application of asylum with new claim which has recently arisen due to politicial turmoil in my home country. Will this take care of one year deadline issue. Moreover i can try to give detailed reason why i filed late of my previous asylum claim or no ?
On the other hand, my fiance is also an asylum seeker. She doesnt have one year bar. If we marry before her case is decided or after asylum is granted. Can i get asylee status that way or also that way i ll still get one year bar ?
You can amend your case, and the situation you describe may allow you to overcome the one-year bar. I would talk to a lawyer about that so the lawyer can analyze the specific situation. Also, you can add any new evidence or argument to the case. We normally do that prior to the interview, but if there is a new basis for asylum and you want to use that to overcome the one-year bar, you should probably file the new info as soon as possible. If you marry, your spouse can try to add you to her case, and if she wins asylum, you will win too. Alternatively, if you are not added to her case and she wins, she can file an I-730 to give you asylum, but you must be married at the time USCIS makes a decision in her case. I wrote about adding a spouse to an existing case on March 29, 2023, but the process of adding a spouse is not easy. Anyway, if you are married, you can try. Take care, Jason
Hi Jason,
Regarding the changed conditions and the related cases, do you believe these arguments would be persuasive with a different immigration judge? As well, if a judge were to deny asylum, perhaps because they are not convinced that In re C-W-L-, 24 I&N Dec. 346, 353 (BIA 2007) and Ordonez-Azmen v. Barr, 17-982-AG (2nd Cir. 2020) provide sufficient grounds for overcoming the one-year bar, do you think that, upon appeal to the BIA, they might employ legal maneuvering to avoid remanding the case to the judge?
I think the arguments in those cases are persuasive, but you would also have to have facts in your case that demonstrate changed circumstances, so it would depend on the law and the facts. How the BIA would rule on the issue, I do not know, but the BIA does sometimes reverse decisions of the Immigration Judge. Take care, Jason
Hi Jason,
Thank you for your help
The judge granted asylum to me and my family first week of April 2024. Although the USCIS website stated that I-94 is issued within 45 days, we have not received yet. I contacted them After 10 days they sent me email stating that I don’t need to contact them again and they will respond to my inquiry as soon as they are able to do. What options do I have as my EAD is about to expire in few weeks? Thanks
Hi BLEINI,
I would advise you to renew your EAD as soon as possible I was in that situation and today I am struggling to renew my driver’s license because my EAD is expired even though I have the I-94 you will get your I-94 but consider to renew your EAD. Just wanted to contribute.
It should not be this way, since asylees do not need an EAD to work legally (see https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/73-refugees-and-asylees). However, in practical terms, it makes life easier to have the EAD, since many employers and DMVs do not know the rules. Take care, Jason
Thank you Jason
I will do that.
Thank you for your constant support.
Thank you
Sending the I-94 is a new policy and it seems kind of hit-or-miss. Maybe you can call the judge’s legal assistant and ask if there is something the court needs to do. You can find the phone number if you follow the link under Resources called Immigration Court. Otherwise, I think your best bet is to file for a new EAD under category a-5 (asylum granted). This is an initial application, since it will be your first application based on a-5, and so it is free. Take care, Jason
Hi Jason
The Los Angeles Asylum Office has again denied my request for an expedited interview, saying that their current focus is on handling “fearful interviews.” What should I do the next?
Thank you.
Probably they mean “credible fear interviews,” which are initial evaluations of asylum eligibility at the border. I think your option at this point is to file a mandamus lawsuit. I wrote about that on January 17, 2024 and that might help. My understanding is that LA has a schedule for mandamus interviews and that it takes about a year (though I am not sure as I do not have any such cases in LA). Maybe you can talk to a lawyer who does such cases for more info. Take care, Jason
Morning Jason
Thank you for your reply. The Immigration Bureau clearly stated that in Los Angeles, you need to wait for 5 years or more before you can file a compulsory lawsuit. Do you think I should consider moving? I look forward to your advice. Thank you.
I am not sure how the Asylum Office can decide that issue, as it should be up to a court. Maybe a court has issued an order to that effect, but I do not know. You would have to ask a local lawyer who does mandamus cases in that office. If that is the rule, and you want to file a mandamus, I guess you would need to move to an area that has a different asylum office, but I would talk to a lawyer in LA first, before moving. Take care, Jason
Thank you, Jason. I will talk to my attorney and then make a decision.
I sometimes wonder, why the AOs and IJs don’t learn a lesson from the huge scandal of asylum seekers from a certain country.
I remember there was an Operation Fiction Writer by FBI targeting fake asylum applications from a certain country…It was revealed that large numbers of people from that country fabricated their stories…to obtain asylum…
But when I check TRAC approval rate…that country’s asylum application remains highly approved…It’s just unfathomable to me…Shouldn’t AOs and IJs learn a lesson and place more scrutiny on asylum applications from that country ? Assuming they did, how to explain that almost 3 out 4 asylum applications from that country is approved in immigration court ? Are the persecution really … that… pervasive ? If that’s the case, I think probably any person from that country will have a 75% chance of obtaining asylum, right ?
https://trac.syr.edu/phptools/immigration/asylumbl/
Wrong link,
it should be this one
https://trac.syr.edu/phptools/immigration/asylum/
The government is obviously aware of these issues and if a person has used a “fraud” attorney in the past, it will usually create big problems, even for a legitimate case. Take care Jason
Hi Jason!
Hope you are well!
Is getting an emergency AP difficult? Do you recommend that or applying regular AP and expedite it later on?
Is AP valid for 5 years if the EAD card has 5 year validation? Thank you!
If you are seeking AP based on a pending asylum case, it is usually valid for a year, but it could be less. It is not easy to get, and generally, you need to call USCIS and try to get them to issue AP (800-375-5283). Some people are successful at it and if you try, hopefully, it will work. I wrote about expediting in general on January 29, 2020. Take care, Jason
Hi Jason. Just want to let you know I got the AP a few months ago valid for 5 years, although I’m not going to use it as I’m an asylee now. So maybe they changed the validity from 1 to 5 years. Hope they do the same for RTD.
Interesting – Thank you for letting us know. Hopefully, that is the new policy. And congratulations on winning asylum – hopefully, they will also change the RTD to 5 years. Take care, Jason
Hi Jason Good Afternoon,
My case and my wife’s Asylum case was denied in immigration court. We appealed in BIA.
Looks like My attorney appealed only my wife’s case and my A number is listed as Riders in the receipt that was received from BIA.
I am up for my EAD renewal. Can i use this receipt to apply my EAD renewal ? Thank you.
I think you have to use it, but you should also be able to go online and get a printout of the case status – you can do that if you follow the link under Resources called EOIR Case Status. Your lawyer may also be able to get that from the lawyer’s online portal. Take care, Jason
Thank you very much. Have a great weekend.
Hi Jason,
I was interviewed for asylum at the Arlington office on February 21, 2024, and haven’t received a decision yet.
I then applied for EAD for my wife on June 11, 2024, and yesterday, nine days later, we received a notification that the EAD had been approved and that the card was being produced. I am wondering if that means something since it usually takes more than a month to get a decision for EAD. My wife is dependent in my case.
Thanks,
Take care.
If the notification is only about the EAD, I guess that is possible, though it is fast. You will have to wait for the paper notice (or the EAD) to know for sure, but you should have that info in a few days. Take care, Jason
I feel that my experience is kind of edge-y.
I suffer multiple(aka numerous) instances of physically minor harm (pain infliction that doesn’t leave long term injury because, I sacrificed my mental anguish to protect my bodily integrity, and it sometimes doesn’t work) over extended time, very significant psychological anguish (that does leave long term injury), most of the time I was a minor.
I mean, I am just imagining the worst kind of scenario…I am kind of concerned that a tough IJ will not find them as past persecution…
and then when I do BIA appeal…I feel that my experience will not be universally recognized to rise to persecution…then BIA says well…even though another IJ could rule in another way, but…the requirement is that reasonable IJ needs to be compelled to rule in your favor. Since there must be some IJs that…don’t believe that your experience rise to persecution…so we cannot overturn IJ’s decision…appeal dismissed/denied !
And when I am in front of federal courts…same rhetoric from circuit judges…
I mean…that’s why I am concerned about IJ’s empathy. They really after all, didn’t experience what asylum seekers experience. Their only knowledge about asylum seekers’ past experience is from the asylum application and hearing…They haven’t personally experienced persecution or persecutory fear…you said they can do a good job ? What can make them do a good job in the psychological harm cases (there are not a lot of them), may I ask ? cause to me, it feels it’s very difficult to measure. Physical injury is a little easier to measure but also won’t be precise as well.
I guess what I am saying is, I am kind of worried that I will be punished in my asylum case for taking action to avoid physical harm…
The steps I am talking about protect/hide in order to avoid harm include:
Not hold/show a political opinion, not attend political activity, not practice ones religion, not show one’s gay side (hide in the closet), not show a certain gender expression or medical.
Some people did the above to avoid physical harm, could these group of people, in anyway, do anything to rescue their past persecution claim ?
Can these “not able to do something in order to avoid harm” be considered some form of harm ? I do know not practice one’s religion is considered a harm in past persecution analysis. What about refraining from showing political opinion/activity, sexual orientation, gender identity/expression/care? Are they considered some form of…harm ? mental harm, maybe ?
The asylum law does not require you to live in hiding or go into the closet, or – for that matter – stop practicing your religion or engaging in politics. Even if you have not been harmed in the past for these things, you can demonstrate a well-founded fear of harm in the future. Take care, Jason
I mean obviously agree with you…
But an asylum case that depends solely on well-founded fear is always too risk.
It’s always better to be able to show past persecution AND well-founded fear than just…well-founded fear…
You cannot do much about who your judge will be; you can only prepare the best possible case for yourself, including getting evidence of any harm and evidence of country conditions. The term “persecution” is not well defined at all, and I wrote about that on August 18, 2015. Take care, Jason
I take a look at that article and based on the sources you listed. It seems, I believe my situation could fit one of the scenario for persecution. And my circuit’s case law also seems to suggest that my circumstance could qualify for past persecution…
But, if AO/IJ disagrees or have their own personal opinion…then there is nothing I can do…so…still sad that I am not a clear-cut case, but more of an edge case…
In that 2015 blog, you didn’t talk about your own concept of “persecution”…
Would it be possible that I fulfill my curiosity and ask, what’s your personal definition of persecution ? How bad of things that need to happen to a client of yours that you can say “this guy experienced past persecution” ?
My personal definition for persecution is being forced by the Asylum Office to randomly prepare cases with no warning, no time to prepare, and no respect for my schedule. In terms of your actual question, I don’t have any particular definition, and even if I did, it would be irrelevant, since I am not an Asylum Officer or judge. Take care, Jason
Okay lol.
But I guess it really means that “I know it when I see it” best captures the concept of persecution. It’s somewhat amorphous.
Your blog also talked about different circuits have different standards for persecution. Some circuits are more lax as you said in the blog…and I know 4th circuit is not the laxest one…
So you are taking cases from nationwide ? when doing this, are you able to analyze whether the experience of the client rise to the level of persecution per the client’s location’s circuit court’s standard ? (must be a daunting task when there are 11 circuits ?)…or you generally analyze from a 4th circuit perspective ?
Just curious
The differences in circuits depends on what issues exist in the case, and generally, they have no effect. Sometimes, for certain issues they may, and it is good to check the case law for that Circuit, which of course, I try to do if I have a case that is not local. Take care, Jason
Sounds good.
Yeah, I ask this because I feel my situation is kind of edge-y…and I happen to be in the arguably laxest circuit..so given my situation, it seems I could only be found to be suffered past persecution in this circuit…but not other circuits…
Hi Jason
Hope you are doing well.
I am filing green card applications for my siblings. I heard that USCUS rule is changed for medical. It doesn’t expire even if the application takes long to be processed. Is this true ?
Or if it’s not true, do you believe it’s better to do send medical along with the application or wait until we get a kind of RFE and we do it that time just not to do it twice.
Thank you
I think the rule did change, but I think you have to send the medical exam within a short time of receiving it. In other words, once the exam is done, you have a limited time to file (I can’t remember how long, but I think the form I-693 instructions at http://www.uscis.gov give this info). If you file within the time frame, the medical exam should not expire, even if USCIS takes a long time to process the case. However, I do not really trust USCIS to follow its own rule, and generally, I prefer to send the medical exam when USCIS requests it. I do not think this delays the process much (maybe a couple weeks at most), and it avoids the risk of dong the medical exam two times. Take care, Jason
Jason, hi. President Biden has announced that highly skilled illegal immigrants (including DACA) will qualify for a proritized H1B visas. To avail from this opportunity, they will need to apply and receive for a waiver to be able to remove the 10 year bar period.
While the details of these programs are being figured out, I have the following question. I graduated from a US institution, overstayed my visa, and then applied for asylum. I have a 10 year bar. Will I be able to benefit from this?
For example, many DACA recipients are hesitant to apply for this program at the moment because of the need to leave the country to adjust their status first. The Presidential administration knows that. DHS must come up with a detailed plan in 30 days how the new waivers will be implemented. If they make an exception to allow the skilled illegal immigrants and DACA recipients obtain H1 visa without having to leave the country, would I be able to use it while still having my asylum case pending? The reason I ask is because H1 is a legal status, while a pending asylum is not. Thank you.
I am not sure why you have a 10-year bar. If you are talking about the bar for overstaying your visa, that is only triggered if you leave the US. The purpose of this program is to take people who no longer have status and give them parole without leaving the US. Parole is a quasi-legal status, but if a person has parole, they can change to a different status if they are eligible (for example, if they are sponsored for an H1b). Based on what you write and what (little) we know about the new program, it may be an option for you. I think you will have to wait for the process to be implemented and then see what the specific requirements are, but maybe you could benefit from it. Take care, Jason
Hi Jason,
I have someone who’s keep harassing me over the phone and I want to report her case to ICE as her case is based on fraud asylum facts. I know for sure and has evidences about her. Should I report to ICE website and what are the outcomes?
How would I know if ICE has started investigating the facts?
I believe ICE had a phone number on their website. I do not know about outcomes, and I doubt they would give you information about any investigation, as that would be confidential. Take care, Jason
Your decision seems purely vindictive to me. It seems like you want to report the person because you believe the person is harassing you. If you feel like you are being harassed, you should file a report with the police. That is the proper thing to do.
I mean I am looking at the TRAC’s approval rate by IJs…
I wonder is there some body that serves the oversight of IJs ? because look at the statistics. I notice there is one IJ in Houston…that issues removal order to all cases…like seriously…even by random shuffling, some cases should be approved ? How can there not be some biases in this IJ ? and faced with such bizzare statistics…why it seems nobody said a word and no action/investigation/looking into seemed to have taken place ?
It is really bizzare for an IJ to deny all cases. I mean how could it be possible that cases randomly assigned to him all are losing cases…?
What do you think ?
It is a problem. I most recently wrote about it on December 21, 2022. Take care, Jason
Hi Jason,
Would love to get your insight on the new Biden plan and how it might relate to asylum seekers. I’ve been in asylum pending status for 9 years now, and have been in the US for a little under 10 years. The new plan, I believe, is to help illegal immigrants who have lived in the US for 10+ yrs, without criminal records, and who are married to US citizens to get green card paths. I understand asylum pending is neither fully legal, nor is it illegal, it’s somewhere in the gray area of “authorized stay”. Any hope for us backlogged folks? Apologies in advance if you’ve already addressed this somewhere else. Thanks!
This plan only helps if you are married to a US citizen, entered the US illegally, have been in the US for 10+ years, and have no (or minimal) criminal issues. If you entered the US legally and marry a US citizen, you can get your green card already. The policy has been announced, but the rules will not come out until later this summer, so we do not have all the details yet. However, the program is not designed to help people in the asylum backlog (though some will likely be able to take advantage of the program). There has been some additional funding for older asylum cases and the number of people at the border has gone down, and we are starting to see some old cases being scheduled. I would recommend you make sure your case is ready to go in case it gets scheduled. Also, if you want to expedite, I wrote about that on March 23, 2022. Take care, Jason
Hi all, Elections are close and they are trying to catch every possible vote no metter what and this is very disapointed when US president tring to “Legalize” crimes and make it “Legal” since in every country in the Wolrd if you cros the border ilegaly its crime and should have consequences for it and here in the US actualy this administartion is giving you “Previlage” and saing you did a right thing for coming ilegaly, staying ilegaly and Not paying taxes for up to 10y !!! So us who come lagaly here and cointrubuting here with hard work and paying taxes we got stuck after all promises during the last elections from this administartion !!! Disapointed .
Waiting, what exactly are you trying to say? You ranting sounds like gibberish
I don’t agree – the program will likely inflict a punishment, such as a fine, but even if it does not, these people all entered the US 10+ years ago, and the statute of limitations on their crime would likely have passed. You cannot punish people forever for a crime committed years ago. In any event, this announcement if a first step and we will need to see what ultimately come of it. Take care, Jason
Hi Mr. Jason,
Have any of your clients from old cases been called for an interview recently without expediting their cases? If so, from which year and which asylum office? Thank you. I appreciate your response.
So far, we had two or three cases called from 2015 at the Virginia office, but I am hearing about other people being called as well. The asylum office is not giving sufficient time to get the cases ready for the interview, and so while it is good that they are interviewing old cases, it is bad, because without notice, it is impossible to get ready properly for the interview. If you have an old case, I recommend you make sure you have all the evidence and are ready to go, just in case you are called. Take care, Jason
Thank you, Mr. Jason. I appreciate your response. The reason I asked is that at the California office, they do not interview expedited cases, and even mandamus cases are being scheduled for interviews next year. Do you have any updates on interviews for old cases at the California office? Thank you
I have not seen any data on that lately. Maybe a local lawyer would know, as there are sometimes liaison meetings with local attorneys. Take care, Jason
I am job hunting again because I am about to lose my employment…
What should I do…
@fellow asylum seekers…how are you able to find a livable job ?
Hello Jason, Morning
Im indian of Punjabi origin. My asylum case is with uscis. Its filed 6.5 years late. Bcuz i was feared of being deported and also due to post stress trauma of persecution. I have work permit. My case is membership in particular social group and political opinion. But now due to changed circumstances and persecution of sikh community. Can these issues be used as new evidence / changed circumstances for one year deadline bar
Maybe, and it would probably be worth a try. You can talk to a lawyer about it, or write up the change and submitted it to the asylum office. I doubt your case is online, but if it is, you can submit it that way. Otherwise, I think you will have to scan it and email it to your local asylum office. You can find their email if you follow the link under Resources called Asylum Office Locator. I doubt they will accept it, but keep a record to prove that you sent it in. That way, if they wanted you to submit the new information within a “reasonable time” of the change, you will have proof about that. Take care, Jason