Recently, the Asylum Offices have started scheduling interviews for applicants who filed years ago. In our office, we’ve seen a couple cases from 2015 get scheduled in Virginia, and I have been hearing from other lawyers about their old applications receiving interview notices in Virginia and at other Asylum Offices. That’s good news for applicants who have been waiting years for an interview. But as they say, every silver lining has a black cloud, and the black cloud here is a lack of sufficient notice to prepare for the interview.
Today, we’ll discuss what is happening at the Asylum Offices and what applicants should be doing now to get ready for their interviews. In a future post, we’ll talk about how the Asylum Offices can improve the system and ensure that applicants receive due process of law.
First, what is happening? According to USCIS, as of March 2024, there are two tracks for scheduling asylum interviews. The first track prioritizes cases as follows: (1) Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or by USCIS; (2) Applications that have been pending 21 days or fewer; and (3) All other pending affirmative asylum applications, starting with newer filings and working back towards older filings. This first track is basically LIFO-the last in, first out system that I have frequently criticized as unfair and ineffective at preventing fraud (its purported goal).
The second track is new: USCIS assigns some of its Asylum Officers (“AOs”) to complete affirmative asylum applications pending in the backlog, starting with the oldest applications and working forward. This permits some of the oldest pending applications to be completed in chronological order. How many AOs are assigned to Track Two? We do not know, and I suspect that it varies over time and by office, depending on other needs, such as the border. When the border is busy, more AOs will be deployed there to interview asylum seekers. When the border is less busy (and it has lately been less busy), more AOs can devote their time to affirmative asylum interviews. At the moment, some of the oldest applicants are receiving interviews. How long this trend will continue, we do not know.
When interviews are scheduled, it is common for applicants (and their lawyers) to receive little notice–often only a week or a few weeks. My understanding is that the Asylum Offices have difficulty scheduling interviews with more notice because they do not have much control over their own schedules. That’s because AOs are required to cover different types of cases (mostly, but not entirely at the border) and it is difficult to predict how many officers will be available for “regular” interviews.
Of course, when applicants (and their lawyers) do not get sufficient advanced notice of the interview, they cannot properly prepare. For my own cases that recently received interviews, and for those that I have heard about, the applications were filed in 2015. Much may have changed in the intervening nine years, and cases need to be updated or completed. Also, for lawyers, we may not have had contact with our clients for years, and it sometimes takes time to find the client, explain what is happening, and complete the case. In addition, lawyers are already busy, and scheduling an interview with little lead time makes it very difficult for us to complete the work and attend the interview.
The short notice is particularly problematic since most Asylum Offices want additional evidence at least one week before the interview, which gives you even more limited time to prepare. The Asylum Offices tend to be flexible about this rule, and will often accept evidence less than a week prior to the interview, or even on the same day. However, unless absolutely necessary, it is best to submit your evidence on time, which will allow the AO to review your documents prior to the interview. Most Asylum Offices accept evidence by email, but also bring a hard copy in case the evidence does not reach the officer.
If your interview gets scheduled and you do not have enough time to prepare, you can ask to reschedule. Rescheduled cases are (supposedly) the first priority under Track One, and so the delay caused by rescheduling should not be long. Also, it is better to delay now and present the case properly, rather than move forward when the case is not ready. I do think there is some risk of a long delay if you postpone the case, and each person will need to make their own decision about how best to proceed, but for my money, I would prioritize winning the case over going faster.
If your case is in good shape when USCIS schedules the interview, you will not need to postpone. So what can you do now to prepare? Make sure your affidavit is ready and up to date, and that you have updates available for your I-589. Also, have all your evidence ready to go, including all translations. If you have everything organized and complete, you can finalize the evidence packet and get it filed quickly once the Asylum Office sends an interview notice. (I do not recommend that you send evidence before the interview is scheduled, as the Asylum Office is very likely to lose it).
While it is good news that the Asylum Offices are finally paying attention to the oldest cases, it is not easy to get ready for an interview with only a few days or weeks notice. It is also difficult to prepare mentally–to dredge up old memories and recall age-old details. But if you take some time now to review your case, and make sure everything is in order and ready, you will be better positioned to do well at the interview, even if the Asylum Office gives you little advanced notice.
That’s all for now. Next time, we’ll discuss what the Asylum Office can do to improve the process (spoiler alert: More notice prior to the interview!).
Hi Jason, thank you for all you work.
I applied asylum in 2014, just received an email that interview is scheduled and notice mailed(Arlington office).
– is there a way to know the interview date if notice is not received other than going to the office in person?
– what would be the best way to find out what address USCIS has in my file? It happened to me before that after submitting change of address it was not updated.
Thank you
If you moved, you should have changed your address. You can use form AR-11 or if you have a USCIS account, you can submit the change there. If you moved and did not change your address, they probably sent it to the old address. You can email them to ask about the interview – you can find their email if you follow the link under Resources called Asylum Office Locator. It is important to figure this out, even if you have to go in person to ask, as they could deny your application if you do not appear for an interview, and then send you to immigration court. Note that some offices have walk in hours and maybe that info is on their website, which you will also find if you follow the link I mentioned, but if you are in Arlington, it is most Thursday mornings, but it is best to be there before 9:00 AM. Take care, Jason
Dear Jason,
Thank you for your blog. It’s probably the best source of reliable information for asylum seekers in the US. I have a question. I’ve been waiting for the interview for a 7 years now. When I applied for asylum I was single. Sure enough during the wait my martial status changed. I married the US citizen. A few months ago I got 10 year GC through the marriage. Help me pls to decide should I dismiss the asylum application or not. Does it make sense to pursue it? Do I obtain any benefits if the asylum is granted? And what are the negatives if I just won’t show up for the interview?
Thank you, Margo
The only benefits you can receive now from asylum are the Refugee Travel Document and maybe, if you have children, the ability to bring them to the US (though in most – but not all – cases, your US citizen spouse can also bring them here). If you do not have children and do not need the RTD (which I think you won’t need as you probably will be a US citizen before asylum is approved), you would do well to withdraw the asylum case – I wrote about how to do that on December 7, 2022. Take care, Jason
Thank you for the reply! I actually have a kid that I adopted, but he was then 16 already. So he can’t get immigration benefits through me, right?
I think that is probably correct, as I believe the child must be under 16, but you should probably double check with a lawyer who can research the question, just to be sure. Take care, Jason
Hi Jason we are one of the filers since 2016.
is it possible to schedule a consultation with you.
can you give me your contact details.
thank you
You can, but this month I am not very available, and so it is better to email me after July 29 – JDzubow@DzubowLaw.com. Thank you, Jason
Hi Jason,
Here is a scenario for my friend:
Entry in 2011.
I-589 in 2016 affirmative.
2018 I-918, placed on waiting list but a number will be available in 2033.
Let’s say my frined receives tomorrow a letter for an interview in two weeks.
Can she reply that she wants to be sent directly to court due to late filing? Then in the court ditch the asylum as it’s not needed since she is on a waiting list for U. But say at the master hearing – hey I’m 14 years here, have a US born kid, have cancer, and want to apply for cancelation of removal?
And even better, can she hire you to achieve the above if she receives the letter?
Or keep the asylum but also in the court ask for cancellation of removal as the case is very strong with cancer. The treatment needed does not exist in the home country. The problem here is the deferred action from the pending U, so maybe they can say well no one is trying to deport you, you have deferred action. Still, it’s discretionary and not a real status. A complicated scenario not easily found by a Google search.
It does sound like a good Cancellation case, but even if those are granted, there is a years long waiting list to get the GC (but at least you know you will be able to remain here during the wait and that the GC is basically guaranteed). Take care, Jason
I do not do U visas, and so I am not certain of the time frame, but otherwise, she can request to go directly to court. If she has a decent asylum claim, she might as well try to win. It is possible to overcome the one-year bar – I wrote about that on January 18, 2018. In terms of us, I am out of the office a lot this months, and so she can email me at the end of the month if she wants (jdzubow@dzubowlaw.com). Take care, Jason
Thank you for the reply!
Last clarifying questions.
Does she need to contact you in advance for the above or only if she receives the invitation notice?
Can the Cancellation be achieved even without the notice, meaning can she hire you now and she starts the process to applying for Cancellation?
It is generally better to start sooner rather than later, but it depends on what she wants, and there may be nothing productive to do now except wait for the U visa. In any event, if she wanted to contact me, maybe she can do that at the end of July, as my availability is very limited now. Thank you, Jason
Done. They know to expect a reply after July. Any creative ideas in their situation are welcome.
Hi Jason,
Thank you for all you are doing here to help the people.
My questions are:
1. I really want to use the mandamus route based on the fact that my country conditions are getting worst by the day and i have dependents there whose lives i fear are in danger. But i only filed asylum in January of 2023 so this is pending for a year and 6 months now. I spoke with a lawyer who thinks is still early but another one said it does not matter as long as it has passed the 180 days of normal processing time. Have you come across a situation like this and did it work?
2. I also wanted to apply for TPS and advance parole but i am not too sure what repercussions it will have on my asylum application. Can you please advise? Can the advance parole be used to travel to a third country and return without any issues?
3. Can i use worsening country conditions to try to expedite at the arlington office? Have you had any form of luck with this route?
Thank you so much for all you do
1 – Different lawyers have different ideas about this. I do not do mandamus cases, but it also may vary depending on where your case is located. I would talk to a local lawyer and get their opinion. Also, you can try to expedite based on danger to dependents in the home country. I wrote about that on March 23, 2022. 2 – If you have TPS and AP, you can travel to a third country and return (you can also get AP based on asylum, though it is more difficult to get – I wrote about that on September 11, 2017). TPS should not affect your asylum case, but if your asylum case is denied and you have TPS, they will not send you to Immigration Court; they will just deny the case and you can continue staying in the US based on TPS. 3 – Yes, that can be a basis, though a stronger basis may be health issues for you or your dependents (or you can use health issues and worsening country conditions). In any event, that can be a basis to expedite and you should try that first, before you pursue mandamus. Take care, Jason
Thank you Jason.
I very much appreciate.
Please let me know when you talk to a local lawyer who does mandamus cases.
My case is in the Arlington immigration office.
You could just look around for a lawyer who does those cases; our office is not doing them, but many do (I cannot make recommendations on this blog, sorry). Take care, Jason
My friend has her case with EOIR and USCIS did not submit brief. What does that mean for him? Are they going to make a decision without USCIS briefing? Will this be a good or bad one since they didn’t send it theirs? Have you had a situation like the below where the person in removal and the below happen what was the out come and what can they do or what did you or the person did? How long does it take for a decision?
NONCITIZEN BRIEF STATUS
The noncitizen brief was received on May 3, 2024.
DHS BRIEF STATUS
Briefing schedule has expired and no DHS brief was received.
This seems to be an appeal, where your friend was denied some relief and appealed. Your friend filed a brief (which is an argument about why she should have won the case in Immigration Court), but DHS did not file a brief. This is very common. DHS rarely files a brief on appeal if the case before the judge was denied. Instead, they just rely on the judge’s decision. Hopefully, their failure to file a brief will help your friend in the end, and maybe she can be successful before the BIA. Take care, Jason
In this case, how long do you think it takes for bia to decide
I have no idea – most cases take 1 or 2 years, but I have seen them decide a case in 6 months. I have also seen them take 4+ years and counting. Take care, Jason
I am pushing for Persecutorial discretion before my second master hearing cause if trump comes, the new admin might get rid of it. TPS might be at risk too.
i hope for the best and prepare for the worst.
on that note, Jason , let me ask you few questions
1.have you had cases in court being dismissed because they got TPS? admin closure perhaps.
2. i am at san diego court and i am planning to change court to Hyattsville which has a good record of approvals(based on Trac.edu and past experience of ethiopians who live here) . i am confused which is best strategy , asking PD at san diego and applying my asylum at Arlington uscis(my TPS application is here, but i hear the asylum office here is stingy with their approvals even with good case) or just change court to Hyattsville court and finish there (which I heard they process fast for new cases and usually approve cases rejected from the Arlington office and generally have good arroval rates) . what do you think?
I am pro se for now till i get money , might introduce a lawyer at alter stages but they giving me near dates like july 25 for hearings so dont have time so i gotta research and push my self. any input is appreciated
Thank you ,
yohannes
1 – Yes. Judges prefer to dismiss, but some will agree to admin closure. 2 – It would be easier with a lawyer, but you can reach out to DHS (the prosecutor) yourself and ask whether they would agree to dismiss. You can find their contact info if you follow the link under Resources called DHS Office of the Chief Counsel. Call them, ask for the duty attorney, and see if they might agree to dismiss. Alternatively, you can call and ask for the prosecutorial discretion email. I am not sure whether they will give that to a non-lawyer, but you can ask. You can also ask in person at your next MCH. I would do that at the court where you are now, and maybe they will agree. If not, once you move, you can ask to change to the new court and try again there. I think there is no harm in trying, but if it does not work, maybe you want to get a lawyer to help you. Take care, Jason
thanks, do you think it’s better to ask asylum at Arlington office in 2024 in comparison to Hyattsville court? assuming i get the PD
You have to ask whatever organization has your case – if you are in court, ask DHS (the prosecutor) or the judge. If you are at the asylum office, there is no such thing as PD, and you could only withdraw the case if you have some other status in the US (otherwise, you may get sent to Immigration Court). Take care, Jason
[…] Last time, I wrote about what applicants themselves should be doing now to prepare for their interviews. Today, we’ll discuss how the Asylum Offices can improve efficiency and ensure due process of law for asylum seekers. […]
I have decided to punish the persecutors.
I have no idea what this means, but I would advise you that doing anything illegal would probably not end well for anyone. Take care, Jason
Have you represented clients who have committed crimes or have persecutor bar ?
If that’s something I may ask…
Once in a while I have a client who committed a crime, but it is pretty rare. It can definitely make it more difficult to win asylum. Take care, Jason
okay, thanks. I am just curious…
I am not trying to commit a crime…just to be clear…
Could kamala harris become president ?
First of all thanks sir for helping us all the immigrants. My name is Maninder Singh. I am a native and national of india. I filed asylum after arriving here on tourist visa (b1/2 visa. I was never interviewed by uscis but was given work permit which i used for like 7 years renewing it every 2 years. Then i found my future wife american citizen and married her. Filed cocurrent i-130&i-485 was asked to withdraw asylum then withdraw asylum and then i-485 was granted. We did it without a lawyer. I have a green card now but its conditional .
My question is india doesnt renew passports for asylum seekers or theres a risk if you renew passport with them after filing asylum. My indian passport is expired and i dont wish to renew it even though i withdraw asylum
Can i apply refugee travel document or its only available to people who are granted asylum status or green card holder from marriage categories can also apply for refugee travel document because i can apply my home country passport
Only a person who wins asylum (or who is a refugee) can get the RTD. However, you can get a Re-Entry Permit using form I-131, available at http://www.uscis.gov. This is the same form used for the RTD, but you have to complete the general parts of the form and the part to get the Re-Entry Permit. This document looks like a US passport and is valid for 1 or 2 years (depending on how long you have had a GC and how long you have been in the US). I do not know how many countries accept it as a passport, but I imagine that some do – maybe you can check the embassy website of the country you want to visit, or contact the embassy. Also, of course, since you got your GC based on marriage to a US citizen, you can file for your own citizenship 2 years and 9 months after the date on the conditional GC (assuming you are still married and meet all other requirements). Don’t forget that with the conditional GC, you have to file form I-751 before the GC expires (the soonest you can file is 90 days before it expires). Take care, Jason
Looking for scholarships for my son .
We are still waiting on my asylum decision and my son is going to college but he is no eligible for Fasfa or any grant but I’m looking for scholarships. If you know some scholarships we can apply to . Please help us
I do not know of a scholarship, but sometimes the schools can help with that. Also, financial need can be a basis to expedite a decision and maybe you want to try that. I wrote more on expediting decisions on June 2, 2021. Take care, Jason
Hi I’m in the similar situation , depending on your state they may have a state financial aid that your son could qualify for instead of Fasfa . In Texas it’s called TASFA and a college grant program from the state but you can only attend public colleges.
Hello Jason
I filed an asylum application a year ago. This year I decided to add my 20-years old son to my asylum application as a dependent person; I sent a pack of documents in early April both via email and by letter. Still no response. Could you please share your view as to whether this more than 2-months silence from the asylum office is acceptable? Thank you.
T
The process to add a dependent is a disaster and has been a disaster for years. It used to work, eventually. But the last year or few years, it seems to not work at all, and when we (lawyers) inquire about it at the liaison meeting, the asylum office offers useless suggestions. In short, while you can try again (and again), I am not sure it will work. Maybe he can file his own asylum case to give him the ability to stay here and if you win, you can file an I-730 petition for him to get asylum based on you. This will work as long as he remains unmarried. It is unfortunate, since the process to add a dependent should be easy. The problem is that USCIS does not do its job. I wrote more about this issue on March 29, 2023 and maybe that would help, or at least give you some ideas. Take care, Jason
I am scared…is it fair to say that this ruling is a victory for Trump ? and it seems bad for democracy…
We HAVE to support Joe Biden and defeat Trump…
Remember that the ruling is supported by a Supreme Judge nominated by the democrats. It is quite right decision.
d
I am not a fan of Trump and Biden. I think that there is the better candidate for this country.
Maybe Joe Biden will use his new executive authority to deport Trump, who knows? Our Supreme Court is really radical and I suspect that their rulings will do a lot of damage to many areas of American life. Take care, Jason
“Our Supreme Court is really radical”
Do you sincerely believe this ? is it your true opinion from your heart of heart ? I ask this because this is a very bold claim to make.
I think the decisions speak for themselves, and it is clear that the court is issuing radical decisions. Take care, Jason
Hi Jason,
Hope all is well.We have talked for several time about my case. Appreciate for your help.
I am waiting my master hearing for more than 2 years at NY IC.
I requested through congressmen,request motion for further hearing but no responses at all.
Now my questions are my sons graduated and they are trying for job as we have 5 years valid EAD.
So if court called us for hearing and we loose the case can we still able to apply for H1b,or they can try for F1 for master degree? And for myself can I apply for job as skill (i am cook ) category?
I look forward response.
Best
Jhampa
You and they would have a difficult time getting into another status, as you are now out of status (basically, everyone in court is out of status). If you lose the case, you can appeal, but if the case ends and you lose, you would probably have to leave the US and return with another type of status, but also, if you are ordered deported, you may be barred from returning for 5 or 10 years. In short, I think if you or they want to try for another status, you should do that now before your case moves further. It may be difficult or impossible, but if it is possible, it is better to figure that out now than after you lose the case. Take care, Jason
Thanks Jason for your reply.Appreciate.
Ok one more question.Suppose if my son’s apply for F1 and I apply for skill job from my employer we still keep continuing our case in the court or we need to dismiss our court case before we apply F1 and other for myself?
If yes does this 5 years EAD works until we have not got another status?
Look forward your response.
Best
Jhampa
Assuming you are somehow eligible for an employment based visa or an F-1, you would need to dismiss your court case before USCIS would be able to issue a new visa or a green card based on employment. The rules about EADs after the case is dismissed are not very clear, but it seems like people can work with the EAD as long as it is valid, even if the underlying asylum case is now dismissed. Take care, Jason
Please guys sign this petition so we can either sue the USCIS or at least make our congressmen hear us
Improve Refugee Travel Document Validity Period and Wait Time
Started
June 4, 2024
Petition to
USCIS and 2 others
https://www.change.org/p/improve-refugee-travel-document-validity-period-and-wait-time
We propose a two-step solution:
1. Increase the Refugee Travel Document validity from 1 year to 2 – 5 years. This will allow us to use the document for a longer period and reduce the number of applications we file each year. Consequently, this measure will lessen the workload of USCIS officers, and the relieved workforce can then address our second proposal.
2. Shorten the Refugee Travel Document application wait time from 16 months to 6 months. This change would not only align with U.S. law, which states that “processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application” (8 U.S. Code § 1571), but also significantly benefit refugees by reducing unnecessary delays.
Refugees and Asylees face significant challenges in obtaining and maintaining valid Refugee Travel Documents. This document allows us to travel in and out of the country, which can be crucial for our personal, professional, and family needs.
Currently, it takes approximately 16 months from the application date to receive a Refugee Travel Document, and its validity period is only one year. This means that we wait longer for the document than we can actually use it. This situation makes us unable to:
• Attend important family events such as weddings or funerals;
• Seek employment for positions that require international travel;
• Reunite with family members.
I would propose 5 years (not 2-5 years) as if they accept 2 years, that won’t make a huge difference.
Hello Adam
I have a friend who got her travel document valid for 5 years while her green card( through marriage)is pending. Just question is why they can not increase to 5 years for refugees and asylee too. Now it seems like EAD categories C08 and A05 are 5 years. Please let sign the petition 🙏 🙌
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
Hello Jason,
My wife got diversity visa interview in Nepal for August and I am also the beneficiary on the case . But I have asylum interview decision pending from last 26 months and also can’t go To Nepal due to my conflict with Maoist who is in government. Can u suggest me what should I do with possible possibilities. Does my pending asylum might effect diversity visa interview in Nepal. In big delima, can u please help me on this regards. Thank you
My wife got called for diversity visa interview where I am beneficiary but I am waiting for my asylum interview result since 25 month in San Francisco. I cannot attend the interview scheduled in Nepal as it’s my home country where Maoist will definitely find me to kill me. What shall I do in this case. Any help will be highly appreciated. Thank you
I wrote about the DV lottery on October 5, 2015 and maybe that would help, but you would need to talk to a lawyer to see if there is any option for you. One idea, if you are from Nepal, is to get TPS (I think that is still available) and then you could potentially adjust status (get your green card inside the US). While I am not sure, I do think it may be possible and it is worth talking to a lawyer to look at that (and other) options. Take care, Jason
Hi Jason, I arrived to the US in 2014 and applied for asylum within my timeframe, been waiting for an interview to be scheduled ever since. I have needed to travel to avoided as with the previous advance parole it does not guarantee re-entry and I have been too scared to risk it. I was approved TPS but that does change my status. With the 2022 modification for the travel document and no longer doing the advance parole.. has any of that change? Of the I-131 also does not guarantee re-entry if I travel outside of the country? Thank you
I am not completely sure I understand the question, but you can get parole based on asylum, which is difficult and annoying (I wrote about that on September 11, 2017) or based on TPS, which is easier. If you have a valid AP document, in theory, it does not guarantee re-entry, but I have never seen or heard about someone with AP who was not allowed to re-enter, and I think travel is safe. You would need to use your passport, which could potentially impact your asylum case (especially if you fear the home government). Also, you should know that some asylum offices are starting to interview the oldest cases (I wrote about this above), and so make sure your case is ready to go, just in case you get scheduled soon. Take care, Jason
I mean I obviously know I won’t be criminally prosecuted for saying that…
But…is it okay tho ? In my opinion, all the persecutors/dictators/evil people in the world…should be dead…
Tomorrow, the supreme court will decide trump immunity…regardless of the outcome…I know 2 people will protect Trump for sure…Alito and Thomas…
It looks to me that they are timing their retirement to ensure that those seats remain in conservative hands…They don’t retire in democratic administrations, but may as well retire in trump’s administrations…If these seats continue to be held by conservatives, asylum seekers and many other groups will be harmed…So is it okay for me to wish their untimely death…so that the harm will be averted for asylum seekers and democracy ? will I be deemed as a bad person for having such thought ? cuz I don’t see any other way these two would voluntarily go…
Good Afternoon Mr Jason
Hope that everything is well.
Mr Jason do have any update regarding the validity of travel document (I-131)
Some immigration lawyers have congratulated their clients for getting 5 years travel document.
Thank you so much for all your supports 🙏
The last I heard was in the fall of 2023 when someone at USCIS said they were working on making the document valid for a longer period. I would think USCIS would announce any change, but I have not heard anything yet. Take care, Jason
Hello April,
I applied for my family and my wife’s I-131 was approved with a validity of 5 years but mysteriously, mine is till pending LOL. I am not going anywhere until I get my green card anyway.
Hi Jason,
I have waited for an interview for long time and now feel like returning to home country and then withdrawing my application.
But i would still in future like to return on a non-immigrant visa to short term stays.
Have you ever dealt with cases of clients who have withdrawn their cases and returned home,and were still granted non-immigrant visas?
You can do that (I wrote about withdrawing a case on December 7, 2022). Even if you do not have any bars to returning to the US based on your prior entry and overstaying the visa, I do expect it will be more difficult to get a visitor visa to come back to the US, as the consulate has a lot of discretion to issue the visa or not (other visas such a as the H1b or L should be easier to get, as long as you qualify and have no legal bars to returning here). You may want to consult with a lawyer before withdrawing to see whether there are any bars to your returning, and to think about ways to get a visa in the future. Take care, Jason
Do you support sanctuary cities ?
I filed asylum very late 5 years after in usa i arrived in 2015. And filed it in 2020 start like 5 years. I have a work permit. I heard from a friend that i wont get an interview with uscis that i will be denied without interview. Like i will receive a letter from uscis that i go straight to immigration court. Is it true. If true will this also have effect on my work permit that i cant renew it. Basically my friend was saying that uscis is issuing interview waiving letters to people with one year deadline and ask them to go to immigration court.
Another thing is i own a business now plus i got a house under my name now and i employ people. I pay taxes . Can this be used a basis in immigration court if my case cant be granted due to one year deadline and weak reason of not filing for asylum early due to a lawyer giving me wrong advice to ask immigration judge or ice if my case go to court to issue me pd or admin closure and i can renew work permit forever ?
I have never seen them refer someone to court in that way. However, they sometimes send a letter indicating that you missed the one-year deadline and asking if you want to skip the interview (some people do, as they want to apply for other relief that is only available in court). If you want to go to the asylum interview, you can tell them and you will eventually get an interview. It is your choice. I do not know that owing property or a business would make much difference in an asylum case, but if you try for other relief, it may help (such as Cancellation of Removal, but you need a US citizen or green card parent, child or spouse to do that). In terms of the one-year bar, you can try to overcome that at the asylum office – I wrote about that on January 18, 2018 and again on June 19, 2024. Take care, Jason
Hello sir, in immigration court can 2 reliefs be sought ? Like asylum and cancelation both 10 years and 3 years vawa cancellation be sought simultaneously in immigration court in front of judge if seems to elgible for both. Or we have to go just one way
You can seek any and all relief you are eligible for in Immigration Court, and if you are eligible for all three, you can (and probably should) present all three applications. It is worth discussing this at the Master Calendar Hearing so the judge is aware of your plan and so you, DHS (the prosecutor), and the judge can decide the best way to proceed (for example, maybe one application is the primary form of relief and the others are back-ups). Take care, Jason
Have you had situations where the asylum seeker and the persecutor(s) end up shaking hands and hugging. Asylum seeker agree to forgive the persecutor, persecutor promises to do better (no longer persecute). Kind like a resolution, a mediation scenario…And asylum seekers withdraw their cases (at the request/pressure of persecutor) and voluntary go back with the persecutor…
Have things like this happened ?
I am asking because there is some sign that I learned that there are some persecutors are about to pull this stunt…I am kind of worried that people are buying it…
This is not part of the asylum process, and I have not. Take care, Jason
Sometimes, I am always doubting whether I am doing the right thing…
Like seeking asylum, to be myself…
But…why it seems…it’s so hard…Like Donald Trump’s idea is dangerous and evil…right ? I mean I always assumed good things people will flock to and bad things people will condemn…But if so many people are supporting Donald Trump and Joe Biden is mostly even or behind in the polls…does that mean…Donald Trump has always been right…cause if he is not right…why so many people support him ? Are they nuts ? That couldn’t be true right ? So that’s why I am doubting myself…and things and people I supported…am I rooting for the wrong guy ? Should I ditch him and support the other one … cause it seems he will win and winners are always right…
I once doubted is 2020 really not stolen…because I am not trump campaign, maybe they really have something that we don’t know ? Cause I cannot prove 2020 is not stolen…if people ask me “give me evidence that Joe Biden won fair and square”…I couldn’t give any evidence….I was not there…So I couldn’t prove 2020 is not stolen…does this “cannot prove” makes the 2020 is stolen always a plausible claim ?
You can’t claim an election is stolen without providing evidence. It is not on Biden or anyone else to refute every loony claim Trump and his supporters make. If they have some evidence that the election was stolen, they need to present that, but until then, their claim is utter BS. Take care, Jason
Hi Jason,
After 7+ years waiting for my interview i decided and filed Mandamus last year and it “worked out” but it took 10 months untill the Interview day which i had it 10 days ago in NY, so based on your exprience or anyone else did you received decision after the interview faster then the other interviews and does the Mandamus has any impact on decision timeline. I know Mandamus purpose was to force USCIS to schedule interview but just wondering if it will help for speeding decision. Thanks
II did the same thing after 7years and my asylum is scheduled for next month at the NY office. I am scared, my anxiety is so high because this office have low asylum grants. How was the the in interview? Could you please expect what to expect? mine is scheduled for 9:00 am which is very early.
I wrote about the asylum interview on September 8, 2016 and maybe that would help. Also, I did another post about updating your I-589 form that might be useful on June 6, 2022. Good luck, Jason
Normally, the mandamus results in a time frame for the Asylum Office to interview and issue a decision. You should ask the mandamus lawyer about that, as it should have been part of the agreement in the mandamus case. Take care, Jason
Hi Jason! Happy Friday everyone!
I was granted asylum in the court in November 2022, I applied for AOS at the end of May 2023, since June 2023 my application status is Case was updated to show fingerprints are taken. So it’s basically over 390 days since applied for greencard. I know that processing time might take like 32 months, but I recently noticed a lot of people posting approvals and they applied like the same timeframe as me some in April May June 2023, so clearly some cases are getting approved within a year +.
I’m planning to travel outside of US for 13 days for the first time in 8 years I have travel document form 572. My concern is what happens if USCIS will start to work on my case while I’m not in US, do you think they will deny my adjustment of status because I’m not in US even though I met the requirements of being as Asylee more than a year? I know it’s just assuming maybe they won’t even work on my case and I’ll fall to those unlucky applicants who are waiting years for greencard? Is there anything I can do maybe I should call USCIS and tell them that I will be away so they don’t need to open my case etc? I’m really afraid of this possibility and what if they will deny it while I’m on my vacation will I be able to reeenter US back with my TD? Will I be able to file new AOS? Thank you
The wait time is (unfortunately) normal, and so I would not worry about that. In terms of the travel, that is no problem as long as you are able to attend any USCIS appointments. Normally, if there are any appointments for you, you would know that information in advance and can postpone if needed. You can get “Informed Delivery” from the US Post Office, and so if USCIS sends you something, you will know (the post office sends you an email with a photo of your mail). Given all that, I don’t see anything to worry about and you should be able to travel and return with no effect at all on your pending green card application. Take care, Jason
Hi Jason,
I’ve been following your blog and very useful contents for years. Thanks for all you do.
I have a question- I’ve been in pending asylum for many years now. I got married in 2017 and have to kids who are both US citizens. Since I’m married to a US Green Card holder, is there any way I can apply through my spouse and get status adjusted without leaving the US? My lawyer told me I could but I can do that outside the US at embassy. However, I don’t want risk leaving the US. If you can kindly provide any information and/or lawyer who has experience and might be able to help with this kind of situation, I would greatly appreciate. Thank you in advance. ND
For family-based immigration, most people who are out of status can only adjust status (get the green card inside the US) by marrying a US citizen or if they have a US citizen child who is 21+ years old (asylum pending is not a status for this purpose, but if you can get TPS, that may work). There are exceptions to this rule, but they are pretty rare. If you entered the US with a visa, you would probably be eligible to adjust status inside the US once your spouse is a US citizen. If you entered without a visa, it is more difficult, though a recent announcement by the Biden Administration (that has not yet gone into effect) may help. I did post about all this on August 6, 2018, August 28, 2018, and September 6, 2018, and maybe those would help, but hopefully, your lawyer can present all the options to help you make the best decision. Take care, Jason
Thanks for prompt response Jason! I checked your blog from 2018! Since my spouse’s Green Card is through EB5, is there a slight chance I can adjust status here without leaving the US? My initial consultation with a lawyer in this matter told me I didn’t acquire 180 days of unlawful presence based on the timing when my status expired to when I applied for asylum. Does your office work on such cases and if so, how can I schedule a consultation call? That would be helpful. Thanks, ND
How your spouse got a GC would not really affect your own eligibility. If your spouse becomes a US citizen, we could probably assist with that, but if you are trying to get a GC by consular processing, we could not assist at this time, sorry. Take care, Jason
Will Biden lose ? His debate performance is not very great…am I right ?
Trump’s response to the question : will you accept the election results
Not acceptable…A yes no question that doesn’t get a yes no answer. But Biden looks weak…
What should we do ??? !!!!
Should I panick…that on Nov 5…that Trump will win…
I only watched a bit, but Biden’s performance was terrible, at least the part I saw. It is a real shame, since an Administration is defined more by the people who work for the president than by the president himself, and we can expect some very awful people if Trump returns. So you know, non-citizens can volunteer to help during an election, though there are some limitations on what they can do. I wrote about that on August 25, 2020. I do think volunteering can help a person feel better and can contribute to achieving a positive outcome in the election, and that certainly we should not lose hope, as there are many good people working to protect our democracy and all people who live here. Take care, Jason
I am also curious,
when you go in to that immigration court for individual hearings, after having worked on a client case for some time. Do you have a rough estimate/prediction what the IJ’s decision will be ? It would not be possible that it is totally random that the client has a 0% – 100% chance of being order removal/granted relief…right ? Has to be like a narrower range…right ? (like 35-55%). And are you largely right in your prediction ? (“like, I know we will win this” “I know we will have a tough time convincing the IJ”)
Asking this because I really trust and value your opinion, when you said that “we should not lose hope”. It really makes me very relieved and very hopeful. Throwing a little bit of track record, it will make me feel even better.
Most lawyers including me have a decent sense of the case. Sometimes, we are wrong, but more often, we are correct. Take care, Jason
Hello Jason,
Have you heard anything from the san francisco asylum office? Since I believe they opened a new temporary location in oakland to help with their case load.
I have not seen data on that office lately. In past years, they had the highest or one of the highest approval rates, and I assume they are still a good office. In terms of the time frame for interviews there, though, I do not know. Take care, Jason
hello. I am applying for asylum is on the waiting list.. I also applied for the TPS and I didn’t get approval.. Recently I won the lottery 2025 . What should I do in this case?.. if its supposed to apply DS260 or wait until get approve from TPS. I don’t want to lost this chance.really appreciate your help. Thank you
I think you need to talk to a lawyer about this, as you may be eligible to get your green card in the US (without processing the case overseas). If the TPS is approved, I think that would be possible, but I am not certain. If your only status is a pending asylum case, it may still be possible, but it would depend on the facts of your case, and most people in that situation would need to leave the US and process the green card at the US consulate abroad. I wrote more about the DV lottery on October 5, 2015, but you really need to talk to a lawyer about the specifics of your situation to see what can be done. Take care, Jason
Hello Jason,
“If your interview gets scheduled and you do not have enough time to prepare, you can ask to reschedule” – if I ask for rescheduling, will my work authorization card be active during the period between requesting rescheduling and the new interview date?
Thank you
The work permit will not be affected. The only time rescheduling affects a work permit is when you do not yet have 180 days on the Asylum Clock. In other words, if 180 days have passed since you filed for asylum and you already have a work permit, causing a delay now has no effect on your work permit or your ability to renew the work permit. Take care, Jason
Hi Jason,
Can we travel with AP to 3rd country if asylum case is in court? Thank you!
I have had clients do that and return, but I think it is a big risk. Also, in those cases, the clients had AP based on TPS. If you have a court case and you leave, you have basically deported yourself and you would not normally be allowed to return to the US even with AP. If the border agents do not know about your court case, you may get back in, but if they know about it, I think you risk being detained or turned away (especially if you are flying from a country where you pass through US customs before you board the plane). Also, even if you get back, it could potentially affect eligibility for asylum. Take care, Jason
Hi Jason,
I got a request for initial evidence for green card from USCIS. . Can I submit my name change request along with initial evidence? I will get a change name from court within an few days. Will it delay our green card application?
thanks
I am not sure whether that would work or whether it might cause delay, but you can try. I think you should also include an explanation stating what you want – presumably to use your new name when they issue the green card. Take care, Jason
My friend asylum is with appeal court for since 2020. Also her Uvisa pending since 2021. What do you think he can do? Or going to happen?
The lawyer he is using said she don’t know why the bd ead for him is not out yet? Others that his lawyer have filed for the Uvisa for since 2018 – 2023 have gotten their bd ead and some final uvisa have been send to them, but his is still pending for even EAD.
What can he do? Why others before and after him applied and got ead or are getting approved and he is not? Is it the asylum case that is holding even the uvisa case ead? Or is it becuz she has asylum ead, that is why USCIS can’t give her the uvisa Ead?
What can she do?
Asylum pending appeal since 2020, no result
For visa pending since 2021, not even ead had been given.
Have you had claim cases for uvisa pending this long since 2021 with not even bd ead?
How long you think the bd ead will take to come even after file with USCIS 2021?
Do you have cases where people file 2021 their ead or decision for uvisa is coming in?
Like it might be she is unlucky or her doc might have been replaced on hold or missing? I hat do you think?
I do not do U visa cases and so I cannot advise about that. In terms of the EAD, the person can get an EAD based on asylum and can renew the EAD while the case is pending on appeal. The fact that the person filed a U visa should have no effect on eligibility for an asylum-pending EAD. Take care, Jason
So after filling for uvisa 2021, no ead yet nor BD for EAD. When do you think an applicant that file 2021 gets BD or EAD? Is it after 3yrs, 4yrs or 5yrs for EAD? When will the actual UVisa come, if the BD is taking that long?
We are just wondering that USCIS may have an issue with the person that is why they have not send an EAD nor give a BD for a case file 2021 when they are giving BD for cases file 2018 up to now 2023 BD ead are been given for applicants. They might soon start giving BD for 2024 by the end of the year and she has not gotten hers yet for 2021.
Just what do you think again or what can my friend do please and thank you.
I do not do U visas and I also do not know what you mean by BD. My understanding is that U visas take a very long time, and so that part is not surprising. However, I would have thought that the EAD would be faster. However, I do not do those cases and do not know. Many non-profits do U visas, and maybe it is worth reaching out to one of those. I did a post on September 22, 2016 that has links to non-profits by state and maybe that is a starting point. Take care, Jason
Hi Jason,
I’m about to submit my EAD renewal, and I’ve noticed that my I-589 receipt is wrinkled and smudged, making some of the letters illegible. I’ll try to get a copy from USCIS by filing a FOIA request, but it may take months. In the meantime, I know the website says we can submit the 797C biometrics receipt notice as proof instead of the I-589. Have you ever handled a submission like this? I’m afraid my application might be denied. Should I submit both the I-589 and the 797C together?
P.S. do you take cases in NYC? I want to change my lawyer.
I would copy the receipt and biometric notices and use those (the copies). That should be ok. I guess you can also submit a copy of the I-589. We normally do not do that, but it won’t hurt. In terms of me, I could potentially take a case in NY, but I can’t schedule a consult for about a month. You can email me in late July if you want to try to arrange that. Take care, Jason
I applied for EAD renewal online yesterday based on pending asylum since 2015 and was approved today. It took them less than 24 hours to approve it. Last time, it took three weeks for EAD renewal approval, but I applied by mail.
What’s interesting is that for the last two EADs they approved so quickly, they used a photo from my biometrics appointment in 2015, not the photos I sent them.
Yet, I still haven’t had my asylum interview.
Jason, have you heard of anything like this happening before? It just makes no sense to me.
Did I hear about USCIS using old photos on the EAD? Yes, I have seen that before, though your photo is pretty old. Anyway, I do not think there is anything you can do about it, and hopefully, it looks enough like you today to be used easily. Take care, Jason
Hi Dennis. It happened to me & my wife as well.
Updated EAD last year and they included photos from 7 years ago.
Not sure what caused it but I personally see no issue with it.
The main thing: they processed your EAD at light speed. This doesn’t happen very often.
If you wait from 2015, consider doing MA. I was waiting from 2017 and got my interview a month ago through MA.
Cheers.
Hey Jason, my case was referred to immigration court in 2020. I have my master hearing in September, 2024. I’ve had EAD since 2020 and have always renewed it. My question is, if I file a motion to change venue to a different state, and assuming the judge grants the motion, will this stop the EAD clock? Will I be able to renew my EAD since it currently expires in Dec 2024. Please let me know. Thank you
Once you reach 180 days on the asylum clock (which you did, since you have an EAD), it does not matter if the clock stops. So you can move and change venue and that has no effect on your ability to renew the EAD. Take care, Jason
Thank you ,Jason . your blog has been very helpful for many years and I have learned a lot from it.
I Have a questions for you today. I was granted asylum a year ago and filed I-730 from for my wife. In march 2024 , I received a letter from USCIS stating that my application is approved and transferred to the national visa center(NVC). However I haven’t received any communications from NVC yet. Based on your experience , does NVC typically send a letter confirming they have received the application? Also , how long does it usually take for them to process it and transfer it to the embassies ?
I think the next step is for the embassy to reach out to you, and that can take a few months. You can Google the embassy in your country and find their email to follow up. You can also inquire with the NVC here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html?wcmmode=disabled. I would expect you will hear some news soon, but there is no harm in inquiring. Take care, Jason
Hi Jason!
Do you think Houston office is scheduling old cases too now? Thank You!
I have not heard anything about Houston, sorry. You could try to expedite there – I wrote about expediting on March 23, 2022. Take care, Jason