The Republican Party has released its Platform for 2024. As usual with these things, it is short on specifics and long on political rhetoric. The first issue mentioned in the Platform is immigration: “Common Sense tells us clearly, in President Trump’s words, that ‘If we don’t have a Border, we don’t have a Country.'” It continues: “We must not allow Biden’s Migrant Invasion to alter our Country.” “Under the Trump Administration and a Republican Congress, it will be defeated immediately.” But how?
The Platform has a six-part plan “to stop the open-border policies that have opened the floodgates to a tidal wave of illegal Aliens, deadly drugs, and Migrant Crime.” Here, we’ll take a look at the plan and I will offer some thoughts.
1 – Secure the Border: “Republicans will restore every Border Policy of the Trump administration and halt all releases of Illegal Aliens into the interior.” “We will complete the Border Wall, shift massive portions of Federal Law Enforcement to Immigration Enforcement, and use advanced technology to monitor and secure the Border.” “We will use all resources needed to stop the Invasion— including moving thousands of Troops currently stationed overseas to our own Southern Border.”
The Trump Administration was known for some cruel policies at the border, most notably when it separated parents from children (five years after the policy ended, approximately 1,000 children had not yet been reunited with their families). However, despite its best efforts, it actually did little to control migration at the border. In fact, in FY 2019, CBP reported 977,509 apprehensions at the border. Compare that with the last full fiscal year of the Obama Administration (FY 2016) when there were 553,378 apprehensions. What really reduced the numbers in the last years of the Trump Administration was the Covid pandemic, which impeded travel worldwide.
In any event, if Trump 2.0 plans to bring back its old play book, we can expect administrative changes to narrow the definition of who qualifies for asylum, as well as rules to block people who have transited through third countries. We can probably also expect the same dishonesty about the conditions that cause people to flee in the first place. If there is a Republican Congress, we may also see changes in the law to further restrict asylum, but without Congress, there are limits to what any president can do.
2 – Enforce Immigration Laws: “Republicans will strengthen ICE, increase penalties for illegal entry and overstaying Visas, and reinstate ‘Remain in Mexico’ and other Policies that helped reduce Illegal Immigration by historic lows in President Trump’s first term.” “We will also invoke the Alien Enemies Act to remove all known or suspected gang members, drug dealers, or cartel members from the United States, ending the scourge of Illegal Alien gang violence once and for all.” “We will bring back the Travel Ban, and use Title 42 to end the child trafficking crisis by returning all trafficked children to their families in their Home Countries immediately.”
There’s a lot here that is simply fake news. As we’ve discussed, aside from the Covid years, the Trump border wasn’t terribly different from the Obama border.
The Alien Enemies Act is a law from 1798 that gives the president broad powers to deport non-native born Americans. While it is ripe for abuse, there are already laws on the books to deport gang members, drug dealers, etc. The problem is not the law. Rather, the difficultly is finding and removing such people. Of course, an aggressive effort could cause great harm to immigrant communities and sow fear among non-citizens (and their citizen friends and family members), but it is unlikely that this would make us any safer. That’s in part because the Republican trope about a “scourge” of illegal alien violence is false. Non-citizens, including those who enter without a visa, commit fewer crimes than native born Americans, and–as I’ve written before–immigrants, including “illegal” immigrants, actually save many American lives each year. And so the whole “Alien Enemies” thing seems doomed to fail, though it could certainly harm many people in the process.
The Trump Administration’s Travel Ban was another winner. It blocked people from certain majority Muslim countries. Given all the vetting already in place and how difficult it is to get a visa from these countries, it seems to me that the ban did nothing to make us safer, but did help alienate our Muslim allies. It also tossed many legal Muslim immigrants into confusion, since the ban was so poorly articulated that it was hard to know what impact it would have on a given person.
Finally, good old Title 42, which was used to block people from coming to the U.S. based on the health emergency. How this law will end the alleged “child trafficking crisis,” I do not know. But I do know that shipping unaccompanied children back to their home countries is a recipe for a humanitarian disaster.
3 – Begin Largest Deportation Program in American History: “The Republican Party is committed to sending Illegal Aliens back home and removing those who have violated our Laws.”
Such a program would be hard to implement, since non-citizens have due process rights, and also because many Americans would resist an effort to deport people en masse. If it did succeed, it would be incredibly damaging to our economy and our social fabric, not to mention our morality as a nation.
4 – Strict Vetting: “Republicans will use existing Federal Law to keep foreign Christian-hating Communists, Marxists, and Socialists out of America.” Yes that is a real quote. They also mention that they hate jihadists.
5 – Stop Sanctuary Cities: “Republicans will cut federal Funding to sanctuary jurisdictions….” Whether Republicans can coerce sanctuary cities to cooperate with their mass deportation plan, I do not know, but I suspect there will be push back from communities who fear that ending sanctuary policies will increase crime. If immigrants think they may be deported for communicating with the police, they will be more reluctant to report crimes or cooperate with law enforcement, and that will make us all less safe.
6 – Ensure Our Legal Immigration System Puts American Workers First: “Republicans will prioritize Merit-based immigration, ensuring those admitted to our Country contribute positively to our Society and Economy, and never become a drain on Public Resources.” “We will end Chain Migration, and put American Workers first!” Given that unemployment has been at historically low levels for the past two years, it’s hard to know what to make of this part of the plan. Also, of course, immigrants tend to be entrepreneurs and contribute to the economy. Even refugees–probably the most vulnerable group of immigrants–contribute more than they take. So reducing immigration will likely harm rather than help American workers.
* * * * *
So there you have it. As you can see, the Platform does not specifically discuss asylum. At least in 2016, the Republican Platform acknowledged that “our country has been a haven of refuge and asylum [and that] should continue — but with major changes.” I view the failure to even mention asylum as another bad sign.
I often described the immigration policies of the first Trump Administration as maliciousness tempered by incompetence. If the former President wins a new term, I fear we will see more maliciousness and less incompetence. Let us resolve to keep working so that Mr. Trump never returns to the White House.
[…] who have been former President Trump’s number one target for many years, and who face a real threat should he return to power. But you don’t have to sit passively by; you can take action to […]
> Such a program would be hard to implement, since non-citizens have due process rights,
can’t the executive process narrow the due process and fast track it though?
> The Alien Enemies Act is a law from 1798 that gives the president broad powers to deport non-native born Americans. While it is ripe for abuse, there are already laws on the books to deport gang members, drug dealers, etc
Does this include naturalized citizens? Is it within the executive branch powers to strip naturalized citzens under certain cases? I know during the natrualization process there is a quetesion about being a member of a gang or terrorist organization, can this be abused to broaden the definition without judicial input?
I do think they would try to limit due process rights, and given our radical Supreme Court, they may have some success. However, I think there are limits to that: At a minimum, they will need to show that the person is deportable (i.e., not a US citizen or a person with other legal status), and so I do not think they can or would completely eliminate due process. If they did, they would essentially create a police state. I guess this is not impossible, but it is probably unlikely under current circumstances. In terms of US citizens, it is possible to strip people of citizenship and deport them. It is a difficult and long process. The Trump Administration created a unit to work on that, but I do not think they accomplished much. In the past, as far as I know, that has only happened to people who were Nazi war criminals, and I am certain it is very uncommon. Because all of this would take a lot of resources, I think the Party Platform is probably not very realistic in some of its goals. Take care, Jason
As we patiently endure the endless delay for RTD, which is only valid for a year and requires 14 months to produce, it’s interesting to note that the rest of the world can manufacture it in just a few months. Meanwhile, its validity period ranges from 2 to 10 years. We reside in a country where the immigration system is utterly dysfunctional and broken!!!!
Global RTD Validity and Processing Times Comparison
1. UK
10 years validity
14 weeks processing times
https://www.gov.uk/apply-home-office-travel-document/refugee-travel-document
2. France
5 years validity
3 months processing time
https://www.service-public.fr/particuliers/vosdroits/F15401?lang=en
3. New Zealand
5 years validity
20 business days processing time
https://www.passports.govt.nz/what-you-need-for-your-application/certificate-of-identity-or-refugee-travel-document/
4. Netherlands
5 years validity
6 business days processing time
https://www.denhaag.nl/en/passport-and-identity-card/apply-for-a-refugee-passport/#how-long-it-takes
5. Italy
5 years validity
10 business days processing time
https://italy.refugee.info/en-us/articles/5388883580055
6. Spain
5 years validity
2 months processing time
https://sede.policia.gob.es/portalCiudadano/_en/tramites_extranjeria_masinfo_documentoviaje_refugiado_subsidiaria_apatrida.php#
7. Germany
3 years validity
6 – 8 weeks processing time
https://handbookgermany.de/en/blue-passport
8. Australia
2 years validity
2 months processing time
https://www.homeaffairs.gov.au/foi/files/2017/FA170200884-documents-released.pdf
9. Canada
2 years validity
20 business days processing time
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-passports/processing-times.html
10. Sweden
2 years validity
7 months processing time
https://www.migrationsverket.se/English/Private-individuals/Aliens-passport-and-travel-documents/Apply-for-a-travel-document.html
Agreed – and thank you for sharing this (and sorry for the delayed posting – I have to approve posts with multiple links). Take care, Jason
Thank you for the information. While there could be other factors at play, such as the number of people applying for a travel document in a country, I agree that the system in the U.S. is somewhat broken. However, I don’t believe that the USCIS’s inability to produce a travel document in less than six months or extend its validity beyond a year is entirely due to a broken system. Instead, I think it stems from anti-immigration, anti-asylee, or anti-refugee practices and sentiments, too. Excessively long waits and limited validity periods seem intended to deter people from applying for these benefits. The “broken system” narrative is a smokescreen, distracting from the larger issue. Many European countries handle similar, if not greater, numbers of refugees, yet the U.S., with its larger and more advanced economy, struggles to issue a simple document in less than a week with a validity of more than a year. For example, I applied for a U.S. passport using the expedited process and received it the next day. The passport, a sturdier document with more security features, was processed much more efficiently and in far less time.
I did a blog post on this exact point on May 31, 2023. However, I do think that with regard to the RTD under the Biden Administration (and the Obama Administration), the problem is that it is not a major priority. I have heard from a friend at USCIS that they are working expanding the validity period, but that was nearly a year ago, and so far, no progress. You may very well be correct that it is deliberate, but I think it is a combination of factors. Though I guess to be clear, the main issue – lack of resources – is clearly a deliberate and political decision. Take care, Jason
Hello Jason
I submitted my application for RTD to the
USCIS Elgin Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: NFB
P.O. Box 4115
Carol Stream, IL 60197-4115
It was delivered by USPS on 6/19/24 but until today I haven’t received a receipt.
What’s your advice for me. Thank you for all your help.
That is the correct address if you live in one of the states listed for that address. See http://www.uscis.gov/uscis-lockbox-filing-locations-chart. Normally, I would have expected a receipt by now, but sometimes it takes a few months. Maybe make sure you sent it to the correct address for your state (and why USCIS has such a confusing array of different addresses is beyond me; it is idiotic). If not, I am not sure whether they will forward the case to the correct address or not. You may want to cancel the check (if possible) and re-send the whole package to the correct address, or if you cannot cancel the check, call USCIS (800-375-5283) to see if you can reach a person for help. Take care, Jason
hello. . I applied for the TPS and I get approval.. Recently I won the lottery . What should I do in this case.. if its supposed to apply DS260 or which form it supposed to get my green card or to adjustment my status?..really appreciate your help. Thank you
If you are in the US, you would normally apply to adjust status. You may be able to do that since you have TPS, but you would need to have a lawyer look at the specifics of the case to be certain. I wrote more about asylum and the Lottery on October 5, 2015, but you would really need to talk to a lawyer about your specific situation. Take care, Jason
Hello Jason,
When I filled for Asylum, I was in the US 9 months. My visa expired 3 months earlier (I needed time to gather documents, because I didn’t have intention to seek Asylum when I got here). I haven’t had interview yet. Does this mean that I’ll be sent to immigration court no matter how interview goes.
Thank you
If you win asylum at the asylum office, that will be the end of the case (and you will have asylum), but if the asylum office denies asylum, you would be sent to court where you could present your application again to the Immigration Judge. In other words, the overstay does not mean you automatically lose at the asylum office. Take care, Jason
Thank you. I was afraid that I am “out of status” which I see here very often. Lack of familiarity with the terminology got me confused.
You were out of status after the period of lawful stay ended, but that has not affect on your eligibility for asylum since you filed within 1 year of arrival. Take care, Jason
https://www.reuters.com/world/us/harris-leads-trump-44-42-us-presidential-race-reutersipsos-poll-finds-2024-07-23/
It’s a 2.8/3 rated pollster according to 538…so a good quality poll
Nate Silver left 538 a few years ago and took his algorithm with him. So I am not so sure that website is very helpful these days. Take care, Jason
A new effort was made recently by some asylees trying to extend the RTD validation for 5 years:
https://docs.google.com/document/u/0/d/1TkAk-0ol5pc2GlQlU_VBLSyj8i5-_xe0yKYSykwDT0o/mobilebasic?pli=1
In my heart of heart, I have worries about Kamala Harris.
“As vice president, Harris invested US$950 million into Central American companies to address the causes of mass migration, such as poverty. She supported a proposed bill which would close the border if too crowded and fund border patrol agents. She believes the immigration system is “broken” and needs to be fixed, and she says most Americans believe this.”
This is not a very pro-asylum position or mindset. It appears to me that, she is trying to address the problems outside and then asylum is no longer needed (kind of like my mindset to some extent, aka eliminating persecutors and persecution)
But we all know that it’s not possible…But if a Harris administration thinks it’s possible…then it will hurt asylum seekers…and they may stuck in Mexico…
So I am worried that she will not be as pro-asylum as I hope to be…In addition, I am worried that she might be tough on asylum in order to win…she may even try to intentionally depart from Biden, who is, I would say, fairly friendly to asylum seekers. (I have no choice but to support her in the face of Trump, but tbh, I am not very optimistic about her immigration policy)
Thoughts ? I know it’s too early to speculate, and my support for her will not change given the reality. But should we do sth as asylum seekers to…maybe positively influence asylum in the meantime ?
I am always worried about Nikki Haley, she is a shrewd politician and not a good person. She lies all the time and is good at camouflaging…I am worried that she will attack Harris and help Trump win…
I forgot this one. This one could also be used by the trump team to attack Kamala Harris.
Hi Jason.
Appreciate all your hard work.
My asylum case was approved about 3 months ago. The approval letter, I-94, and my new EAD was unfortunately sent to a wrong mailing address but I managed to get a copy of approval letter.
To get the original letter plus other documents/card, I need to make an appointment. Could the appointment be with any local USCIS office or with the particular asylum office that approved my case? And can I use the general USCIS website to make that appointment?
Thank you very much
Asylee
Make sure that your address is up to date with USCIS, either through your online account or with form AR-11, available at http://www.uscis.gov. After that, I would first reach out to the office that granted you asylum to see if they can help. You can find their email if you follow the link under Resources called Asylum Office Locator. If that does not work, you can call USCIS (800-375-5283) and see if they can help. If that also fails, maybe you want to apply for a replacement EAD. There should be a link for when a card is not delivered and you can try that. You can also just fill a new I-765 and order a new card (category a-5 for asylum granted). My guess is that they will consider it a replacement and will want you to pay, but I guess you could try arguing to them that you never received the first EAD and see what happens. If you are in a hurry to get the EAD, maybe you just want to pay. Take care, Jason
I am obviously a kamala harris supporter.
But…if I want to give my honest analysis. I don’t think she herself is more than Hillary Clinton. Kamala has such a huge success in nomination, rallying support is all because the external environment decides on her. She is the only one left, with so little time left. That’s why people rush to support her.
And even Clinton lost…so to be frank, I am worried about whether she would win…I mean Nancy Pelosi and Hillary Clinton and Joe Biden, they are have more background than Kamala, but these three barely, cumulatively defeated Trump in 2020. I mean they are all behind Kamala Harris now…but…I am just worried that Republicans attack on Harris will just be more intense…Republicans like to attack…
Uhm… Except Hilary is not a person of color. Do NOT underestimate the the votes of POC
I mean she isn’t, but she enjoys broad support of POC.
But, on a second thought, it does mean that Harris might get more POC votes than Biden would do this time…
I hope she picks a good running mate so that white men feel comfortable voting for the ticket…I mean it’s not racist…it’s just an unspoken reality…many white men (some white women) will feel uncomfortable voting for a black/asian woman as president…
Unfortunately, in terms of voting, white men seem to be the main problem in this country. Maybe I should apologize for my peeps…
I was originally not a big fan of Kamala Harris as I thought that she just did not have that intangible quality that makes someone popular with the voters (even though I think she is well qualified and would be an excellent president). But watching the reaction to her (and maybe part of it is just relief that Biden dropped out) and thinking it through, I think she is probably the best choice. Democrats need women and people of color, and to dump Harris would alienate those people. She is also enthusiastic and well spoken, and I think she can stand up to Republican nonsense. Anyway, it looks like she will be the choice, and I will be 100% backing her. Take care, Jason
title
Hi Jason,
Please I want to ask if this column from PIP would benefit those already referred to court as asylum seeker. I am asking since I have a 2 year college degree and out of state tuition wouldn’t permit me to go complete my 4 years degree as the fee is too high and not doing a good job at the moment.
Kindly help to explain the below extract…
Easing the Visa Process for U.S. College Graduates, Including Dreamers
President Obama and then-Vice President Biden established the DACA policy to allow young people who were brought here as children to come out of the shadows and contribute to our country in significant ways. Twelve years later, DACA recipients who started as high school and college students are now building successful careers and establishing families of their own.
Today’s announcement will allow individuals,
including DACA recipients and other Dreamers, who have earned a degree at an accredited U.S. institution of higher education in the United States, and who have received an offer of employment from a U.S. employer in a field related to their degree, to more quickly receive work visas.
Recognizing that it is in our national interest to ensure that individuals who are educated in the U.S. are able to use their skills and education to benefit our country, the Administration is taking action to facilitate the employment visa process for those who have graduated from college and have a high-skilled job offer, including DACA recipients and other Dreamers.
I have not looked closely at that program, but my understanding is that if you are an undocumented immigrant who had DACA or if you completed college and have an employer that wants to sponsor you for an H1b or O visas, you can more easily do that based on the new program. I am not sure whether this program is now in effect, and it will likely be challenged in court. However, if you think you qualify, it would be good to talk to a lawyer about specifics to see if you might be able to get a new visa based on the new rule. Take care, Jason
Thank you.
Hi Jason.
I filed a i-730 for my spouse which is outside the US. I wanted to update the beneficiary’s address and called the USCIS, they told me to visit the asylum Office to update it. I am confused because the website says for updating this form we shouldn’t be going to the asylum office. What is your opinion and what do you think is the best course of action to update my beneficiary’s address?
Everything they send should go to you and it should go by email, and so I do not think this is a major issue. However, the way to update an address with USCIS is form AR-11, which can be done online here: http://www.uscis.gov/addresschange. You should also be able to do that if you have a USCIS online account I am not completely sure whether that can be done for someone outside the US, but that would be the way to do it. The case has nothing more to do with the Asylum Office, and so you do not need to contact them. Take care, Jason
Hi Jason,
Happy Monday. Thank you for your help and guidance. I haven’t seen many attorneys help the asylum community to the extent that you do.
My individual hearing has been canceled four times, with the most recent cancellation due to the unavailability of a translator, despite my attorney’s request to proceed in English since I am fluent and a doctor. However, due to these multiple cancellations, one of my witnesses (my sibling) is now unable to testify because he cannot get additional time off from work, having already taken multiple days off for this reason. Additionally, I have been temporarily transferred to another state for a year-long training program.
I would like to seek your guidance on how these circumstances might affect my case and whether the absence of one witness out of three will impact the judge’s decision. Also, are there any last minute suggestions you would offer to discuss with my attorney?
Thank you again for your support.
You can file a motion to advance the hearing if needed – I wrote about that on April 20, 2017. Also, if you think the witness is important, you can file a motion to have him appear by Webex (video). For the most part, we can get the testimony we need from the applicant and do not need to have witnesses testify, though that depends on the case. In terms of the language, that is very frustrating. If you are fluent in English, you should be able to testify in English. I guess your lawyer can file a motion with the court to state that you are fluent in English and want to testify in English. Take care, Jason
Hello Jason, I appreciate how you always help people asking questions on your blog.
The question I have for you is: Me and my boyfriend are planning on getting married in the near future but seems like his interview is coming up. A) if he gets his asylum granted can we still get married and I will be able to stay in the US or I will need to wait for him to get the green card first b) if he will get denied and will have to go to court can we get married then? I am in the US on a temporary visa.
If you hope to get status based on his case, it is far better to get married before the interview, even if it is only the legal marriage and you do the religious/family marriage later. Technically, if you are married before the decision, you can still benefit from the principal applicant’s grant of asylum, but I think it will be more difficult if you are not listed on the form and there are no documents about the marriage in the file. For this reason, it is best to get married prior to the interview. If you get married after he is granted asylum, you would need to wait for him to get a GC and even then, you may not be eligible, as it depends on many factors. Of course, if he is referred to court, you have more time, but hopefully, that is not the result. Take care, Jason
I cried after joe biden drops out…I am now all in for Harris
A good man doesn’t have to be religious or pretend to be.
Joe Biden is a good man with challenges that most American families can relate to.
May he live much longer for quality time with his wife,kids and grandkids🙏.
I think Biden is a good person who has generally done a good job as president. The fact that he had the courage and selflessness to leave when he felt he was not helping the ticket further adds to my positive opinion of him. Hopefully, the move will help Democrats win in November. Take care, Jason
Joe Biden is a butcher and child murderer. Do you have eyes to see what is happening in GAZA. May he rotten in hell.
I am now going to see
whether those genocide joe people are really just pro-trump supporters now that biden is no longer running.
I believe I will see very soon whether those genocide joe people are … really caring about people in gaza…or just pro-trump…
My worry is that they will not vote for Harris since she is part of the Biden Administration, and the result of refusing to choose the lesser evil, will be that we get the much greater evil. This will make things worse for Palestinians and the cause of a Palestinian state, but will also harm Muslims in the US. Take care, Jason
While I support a Palestinian state, Israel can certainly defend itself when it is attacked and hundreds of civilians are murdered and kidnapped. No country on earth would tolerate such an attack. Biden tried to restrain Israel, but if Trump comes in, I suspect the situation will become much worse for people in Palestine and for Muslims in the US as well. Take care, Jason
I dont know if its right place to ask. Im married to us citizen. I have asylum which is with imm court now after referral by uscis. Me and my husband never filed anything yet but hes abusive. Can i file cancellation of removal vawa with asylum in immigration court.
You may be eligible for that. You should definitely talk to a lawyer about this issue to learn whether you are eligible. There are a number of non-profits that help in a situation like this. The most prominent that I know is http://www.tahirih.org. They have offices in different parts of the US. I also did a post on September 22, 2016 with links to non-profits in each state, and maybe that is a good starting point. Take care, Jason
I always wonder whether I am doing the right thing…
If not because I like men…I won’t try to seek asylum…I could be just like everybody else…Life won’t be so hard. I sometimes wonder if I am doing the right thing…In my opinion, if something is right, then everything will fall in line and the cause will be supported. But it’s not the reality (otherwise, people won’t support Trump and Biden should lead in big way) Life is generally very hard for people like me, and the evolutionary theory gets to me frequently. In a sense, I always feel that people like me are fighting mother nature…because according to evolutionary theory, people like me are infertile, won’t be able to reproduce…thus…won’t be able to contribute to evolution…It does feel like we are some sort of … abnormal mutation that should be rid of….from a grand scheme…because otherwise, why people like me are so few, right…clearly there is something wrong with the LGBTQ+ people, right ? because if LGBTQ+ is a right way, then it should be 50-50, not 5-95 to non-LGBTQ+…so…clearly LGBTQ+ is deemed unfit (a glitch) for human evolution ?
I obviously feel bad that my existence feels like an exception…a glitch to a normally operated system…I want to be normal…want to mingle with normal people…I don’t want to be a glitch or exception…and fighting mother nature is a daunting task…It does seem to me that mother nature designed man and woman to reproduce…So maybe…I should … conform to mother nature’s will ? and try to like … women ? Then all my problems will disappear, and I don’t have to seek asylum…
Sometimes, I just feel that seeking asylum feels like I am carrying on with the exception/glitch, I am not sure if I am doing the right thing…I don’t want to make things worse if it ended up to be not the right thing…but at this point…I cannot see the end result…
@lgbt asylum seekers, after you were granted asylum, are you happy ? have you ever doubted being lgbt or seeking asylum ?
@Jason, have your lgbt clients generally be able to live a full life after granted asylum ? Because I would imagine they’d still face a lot of discrimination and obstacles in the U.S., it maybe better than their country of origin…but…it’s a treatment/management…not a cure…Are they really able to lead a normal life like a normal, non-lgbt person ?
LGBT cases tend to be stronger and most are successful. Take care, Jason
So you are saying LGBT cases, most are successful.
By that you mean, 50% or more LGBT asylum cases are successful, right ? Because that is a major claim…
There is no data on that as the government does not keep separate data on such cases, but as I think we have discussed before, in my experience, the large majority (well over 50%) of LGBT cases are successful. Take care, Jason
That is very reassuring. Thank you.
I am a data person, the fact that they withhold such information obviously makes it difficult for asylum seekers.
There may be valid reasons for that. But, given the trajectory of the culture issues here. I always suspect that the government, some of the people in there are working against the gay agenda (I do remember, gays were very hard to obtain asylum back in the day when homosexuals were not well regarded in the 80s) …So I always suspect bad intentions regarding some of the moves by the government.
No one is withholding data. They collect data on particular social group cases, but not on sub-categories such as LGBT. Anecdotally (and there are a lot of anecdotes), I think LGBT cases are generally quite strong. Take care, Jason
Oh God! Girl, you again and your homophobia and transphobia? There is nothing abnormal/wrong about being gay or trans. Just like there is nothing wrong with your immutable characteristics and your phenotypes! Human sexuality, like most things we see as “normal” because human beings other human beings told us they are normal- is complex, and it is mostly biological. You cannot force sexuality- nor can the environment determine who you find attractive. If that were the case, studies would not have proved that, for example, in oppressive societies, more gay porn is watched than societies that are not so oppressive.
https://www.reuters.com/world/us/harris-address-major-democratic-donors-friday-nyt-reports-2024-07-19/
VP Harris is saying that “we are going to win”
I always wonder what kind of claim is this…is this a claim where she is projecting confidence ? trying to reassure donor ? pure-slogan ? or…she really has some internal data and foresight that reliably predicts their victory in November ?
How does she know that “we are going to win” ? If she doesn’t know for certain that “they are going to win”, isn’t she making a material misrepresentation ?
Because, current evidence suggests that they are not going to win…So what is she doing ?
Hello Jason and everyone here,
Quick question I am filling i-485 after 6 months been granted by IJ, there is one section asks about i-94 and expiration date, should i put the one that i had when i got to the US or the one it shows my status as asylee?, also i did apply i-765 under A05 category on March 28th i got the receipt but is still pending what is your experience about that?, thank you so much in advanced.
I would put the newest I-94 info on the form, and I would include a copy of the new and old I-94 documents with the application. In terms of the new EAD, that is taking longer than normal, at least as I have seen in court cases. I am not sure there is much you can do about it, as it is still within the “normal” processing time, but maybe you could reach out to your Congress person’s office about it. You can find a link under Resources called House of Representatives. Also, you can work with the old EAD if it is still valid, or with no EAD at all – see: http://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. Take care, Jason
What is the filing address for renewal of ead category c(8) Pending asylum. ( renewal). Where do i file it ? Lockbox ? Which service center. How long are renewals taking these days. When i expect my 5 years renewal ead in hand ? If trump wins will he reduce 5 year ead to 1 year ead ?
You can file online or if you mail it, you have to check the Direct Filing Addresses on the I-765 web page, at http://www.uscis.gov. Renewals are very unpredictable – it can take a week or two, or – more usually – it can take months. If Trump wins, I would not be surprised if they make work permits more difficult to get, but they have not announced any plans that discuss that. Take care, Jason
d. A Refugee Travel Document may not be issued to you if:
(1) You have already been issued such a document and it is still valid, unless the prior document has been
returned to USCIS or you can demonstrate that it was lost; or
(2) A notice was published in the Federal Register that precludes the issuance of such a document for travel to the
area where you intend to go.
NOTE: You should apply for a Refugee Travel Document before you leave the United States. However, a
Refugee Travel Document may be sent to a U.S. Embassy, U.S. Consulate, or DHS office abroad for you to pick up
…………………..
i got this info from the USCIS official website
i think that’s why the USCIS in the last few years don’t ask to send the original RTD BACK TO THEM cause that’s the case only if the new RTD is approved while the other one is still valid but because 99% of the time the new RTD is approved while the old one expired then that’s why they don’t as us to send it back because it’s already expired
I think that makes sense – Thank you, Jason
Hello Jason,
I was checking my EOIR case status and it says”the Judge granted the application “ that this mean that I was granted the asylum? Thank you
Normally, I think it would mean that the judge granted asylum or whatever other application you made. The court should send you a written order with details and if that has not happened, you can call the court to ask your judge’s legal assistant for a copy (or go in person). You can find their phone number and address if you follow the link under Resources called Immigration Court. Take care, Jason
I just filed online change of address with uscis from california san fransciso to upstate new york. I googled it this part of new york the asylum office jurisdiction is new jersey. My asylum case pending since 2023 march. I have work permit. Am i in backlog and does moving to new jersey asylum office take me out of asylum baclpg and put me in line for interview or moving doesnt matter.
Is new jersey asylum office conducting interviews or whats the backlog there
My understanding is that if you move, they keep your original filing date and you are in the queue (to the extent there is a queue) as if you had originally filed at the new office. The NJ office is much better than the NY office, but I do not know what they are doing in terms of interviewing old cases. If they are interviewing old cases, they would probably be from 2015 or 2016, and I would guess your only option to get an interview is to try to expedite. I wrote about that on March 23, 2022. Take care, Jason
Hi Jason,
Could you also discuss the travel ban? Is it part of Trump’s plans again? If so, will we still be able to travel with pending asylum advance parole and return without issues at the border if our country is on that list?
Thanks for your support as always
Until it happens, we do not know. Last time, it was all very confusing, and in the end, did not affect people with asylum or Green Cards, but if it returns, we will see how it is implemented. Take care, Jason
Hi Jason,
I have recently been granted asylee status by the immigration judge after six years, but to be honest, not much has changed in my life. I received my I-94 card, but it is rarely recognized as valid. I’m quite shocked that the DMV and even some banks like Chase accept the EAD card (I have applied for a new one based on my new status, but it’s been months and no news) but know nothing about the I-94 card. Almost everywhere, they want a valid passport, yet the government tells us not to renew our passports.
As I see it, until we get a green card, not much would change compared to the asylum seeker status. Checking the processing time for asylees applying for a green card, it takes 32 months. If we include the one-year waiting period, it means I need to wait almost four years to get a green card. So basically, for an asylee like me, it takes 10 years to get a green card. This is clearly a broken system.
During these last six years, I have seen many things. I’ve seen dozens of people get green cards in a matter of months through fake marriages, people who got green cards solely by applying for the green card lottery, and many others. Yet, someone who has been persecuted by a dictatorship regime has to wait 10 years to get a green card and then gain some privileges. It’s really becoming frustrating. Sorry for the long rant but was wondering if you have any suggestions?
The system is definitely broken and I have written here many times about different ideas to improve things. To me, the main change when a person gets asylum is that they no longer have to worry about their status. In more practical terms, you do not have to wait 1 year to file for the GC. You can file any time after asylum is granted – I am recommending to wait 6 months, and most lawyers say the same thing. I explain the reasoning in a post dated February 6, 2023. In terms of the wait time for the GC, most people seem to get it in 1 or 2 years, at least in my part of the US. Also, in terms of employers and the I-94, maybe this website will help: http://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. But in reality, it is best to have the EAD, which employers generally understand. Take care, Jason
Hi Jason,
Have you had any clients whose applications to register as permanent residents were approved in less than a year? I tried to expedite my application but this was USCIS did. On July 17, 2024, we denied your request for expedited processing of your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS, Receipt Number MSCxxxxxxxxxx. We do not believe, based on a review of your request, that your case meets one or more of the expedite criteria and otherwise merits expedited processing. After waiting for over a decade to get my case resolved, I looks like I have to wait for more years to have a green card. This disheartening.
USCIS is a disaster. I do not recall whether I had a client get the GC in under 1 year, but I would think so. Processing times are very variable. Most asylee GC cases seem to take 1 to 2 years, at least in my experience. Take care, Jason
I sometimes wonder whether USCIS is run by robots or human beings? Because I cannot understand how come some asylum seekers become citizen in 5 years after being in the US whereas other have to wait for 15 years to get a green card. And another crazy thing, I and my entire family applied for advance parole, my wife’s application got approved when mine and my daughters’ applications got denied supposedly because we did not file the correct category. The only way I understand this is that each and every officer apply their own policy OR USCIS doesn’t have standardized policies, or it is most definitely run by robots. It is just sad to see that we are treated like nothing in this country that we have been served for almost 20 years.
I think the agency is overwhelmed and under-resourced and makes many mistakes. Unfortunately, it is common to see problems like you describe and part of a lawyer’s job these days is guess what mistakes USCIS will make and thinking of ways to avoid those. Take care, Jason
I am in the same situation but still waiting on them after they asked me to send evidence. May I ask when you expedited your request and how long it took them to deny your request? I expedited my green card application for asylum granted since April 2. Ever since my status has been showing “On April 12, 2024, your request to have your case expedited, referral number, was completed.” I have called several times for USCIS to let me know if my case has been granted or denied but they do not know as wel. This has been very confusing and stressful for me.
Hello Boyo,
It only took 10 days for them to respond because I used my congressman to make such a request. As I said, these people are quite unique and do whatever they wish. Hope you get yours approved and good luck,
I am in the same situation but still waiting on them after they asked me to send evidence. May I ask when you expedited your request and how long it took them to deny your request? I expedited my green card application for asylum granted since April 2. Ever since my status has been showing “On April 12, 2024, your request to have your case expedited, referral number, was completed.” I have called several times for USCIS to let me know if my case has been granted or denied but they do not know as well. This has been very confusing and stressful for me.
Jason and everyone else quick question if I may.I applied for asylum in June 2019,San Francisco office. Was interviewed in June 2022. Decided to file for mandamus in June 2024 since it’s been 2 years i had the interview. To my surprise i received a letter asking me to go to the district ( federal) court for biometric verification but I already had biometric done years ago when I applied and the letter says they may decide to serve the decision at this time.I guess uscis officers have an office in the federal building where they visit often…Now my question is we have a local uscis office why are they asking me to come to the federal court? could this be a good or bad sign? have you ever encountered a situation like this? thanks
I have not heard about this before and so I do not know. If you have a mandamus lawyer, maybe you can ask about it. Accept in rare cases, the asylum offices do not detain people, and so I doubt it is anything to worry about, and so I would just go where they tell you to go and see what happens. Take care, Jason
Hello, everyone!
Could you please support us by signing this petition to improve the Refugee Travel Document? This change will benefit hundreds of thousands of asylees and refugees in the USA.
Thank you for your consideration!
https://www.change.org/p/improve-refugee-travel-document-validity-period-and-wait-time
This ageism thing is making me worried.
Because one is old…a duly selected nominee could be ditched just like this…
I sometimes wonder whether the adjudicators will use age and expected economic contribution as a factor in their exercise of discretion…
Like…if some one is a little old, even if he is statutorily eligible for asylum or other discretionary benefits…the IJ could say…well, you are too old, you will retire soon and will drag our public benefits…so we don’t want you…
Thank you, Jason. You’re an incredible person who provides unwavering support to the asylum community, and we can’t thank you enough. I completely understand the intent of your blog today and can imagine the potential damage if the Republicans’ immigration policies were fully implemented. However, even as an asylee or as an immigrant in general, wishing for Biden to remain in the Oval Office or for Kamala to lead the country seems like a joke to me. They are both dangerous in every way. We can’t ignore the current issues with the economy, inflation, immigration system, infrastructure, global peace, and more. We’re establishing our life and this is going to be our country and a country for our kids. For me, the most embarrassing part for this great country is that the Democrats are represented by Biden or Kamala, while the Republicans have Trump. This is just my opinion.
I disagree. Our economy is doing well compared to the rest of the world. Unemployment is low and inflation is also low when compared to most of the world. In addition, my recollection is that salaries actually increased faster than inflation in the last few months. Also, violent crime is at a 50-year low, and I think Biden has done a reasonable job managing world crises. I definitely have a lot to criticize about Biden, but voting for Trump means tossing aside our democracy, pretending that every election a Republican loses is fraudulent, accepting Trump’s many lies, trashing the environment to help polluters earn more money, not to mention treating non-citizens cruelly and lying about them. So while Biden is far from perfect, in my opinion, he is far better than the alternative. Take care, Jason
Hello Jason,
I was checking my EOIR case status and it says”the Judge granted the application “ that this mean that I was granted the asylum? Thank you
Hello Jason,
Thank you for your continuous support and the valuable information you provide. I applied for naturalization some time ago and have been waiting for a letter or email from USCIS regarding an interview. However, when I checked the status online, it says, “Case was updated to show that no one appeared for in-person processing.” The details mention that “no one came to the appointment and this will significantly affect your case. We will mail you a notice if we make a decision or take further action”. This frustrates me. What would you advise me to do at this point? Thank you so much in advance
That is very annoying. If you moved, you should have changed your address – you can do that online using form AR-11. If you did not move (or if you moved and changed your address), then it is a USCIS error (they make a lot of errors). Maybe try to call them at 800-375-5283 to see whether you can get them to reschedule the appointment. You might also reach out to your Congress person to see if they can assist – there is a link under Resources called House of Representatives. Take care, Jason
Biden is going to drop out…sigh…
He is a good man and we don’t deserve him… I am now all-in for Kamala !
I mean…
Tomorrow, Donald Trump will officially become the Republican nominee… I predicted it like 3 years ago…
So…I deserve some credit for my foresight and prescience…
Hey Guys,
Little but Good news!
not sure if Trump administration nullify my work permit when they took over next year January (renewal) but USCIS produced my new card in a week. I sent my application on July 10th and new card is Produced today!
I know my case is still pending for years and I have long way to go but getting my work permit renewed in week put me at ease for now!
Good luck to everyone!!!
Processing times are incredibly random, but that is good news. I doubt the Trump Administration will try to invalidate existing work permits, as that will be nearly impossible (how will they even collect them?), but you never know. Anyway, it is nice to hear positive news. Thank you, Jason
I mean…assuming poll is correct…
we still have the electoral college…Usually, democrats need to do +4 to kind of assured a electoral victory…
rn, Biden is 2 pts behind Trump…so he is like 6 pts behind where he needs to be…
I am afraid…
Hello jaosn,
I’m a green card holder through approved asylum and my case is a political one against my COP country!
I have a valid RTD that has 5 more months of validity and i already applied for the renewal back in Feb 2024 but i still have long way ahead of me to get the new RTD !!! I met a girl here in the states long time ago but she is from Algeria as she was on vacation here and recently we decided to get the relationship in a serious way after knowing each other for long enough time so i needed to travel to Algeria to engage her and today i went to the Algerian Embassy to get a visa so i can go but unfortunately, they refused to give me a visa cause my RTD isn’t valid for six months!! All of my plans are just thrown away and i don’t know what to do now? I don’t wanna renew my COP passport especially most likely trump is coming back and i don’t wanna have any trouble during my citizenship interview in 2 years from now! Will USCIS accept expedition for my nee RTD for this kind of thing? Or it doesn’t considered as a humanitarian emergency?
And why they torture us like that???? Why they don’t increase the RTD validity to save us big headache from so many countries that reject our entry or to give us visas cause our travel document validity is less that six months hmm in Germany last time the officer there told me your RTD needs to be valid for 90 days at least so next time if you come here and you have 89 days validity i won’t let you in!!! Why all of that torture and pain to make green card holders wait 14-16 months to get RTD that is valid for 1 year but basically after 6 months pass most of the countries wont let us get in!!
I completely agree with you about the problems of the RTD and USCIS’s incompetence/cruelty in not making it valid for longer (or processing it more quickly). One idea is to meet in a third country that will give you a visa – maybe Morocco or France, or somewhere where your fiance can get to. Otherwise, you can try to expedite the RTD. I think it will not be easy – I wrote about expediting in general on January 29, 2020, and even if your reason does not exactly match a listed reason, you can explain the situation and make the request. Also, when you apply for a new RTD, you are supposed to send in the original RTD if it is still valid. It sounds like you did not do that, and so USCIS may request that at some point. I doubt that is the reason for your delay, since all RTDs are delayed, but just be aware that they may request it during the process of getting the new document. I know it is better to not use your home country passport, but you might consider that as a last option – I wrote about that on May 25, 2022. Take care, Jason
thanks a lot Jason!! yeah i need to go to Algeria so her family can see me, and we talk about the wedding preparations so i will do my best to expedite my RTD in January and if i failed then i got nothing to do but to wait!! i don’t want to renew my HOME COUNTRY PASSPORT especially that TRUMP is coming back and i don’t want to take any risk even if it’s 2% when i apply for my citizenship in 2 years!! I’ve been waiting for 10 years in this asylum journey so i won’t risk it for anything!! i renewed 3 RTDs before and USCIS never asked me to send the old one!!! i just send a photocopy with the i-131 application and then when it’s approved, they send me a new RTD but never asked me to send the old back but i keep it in a safe place in case they will need it in my citizenship interview.
I am not sure how strict they are about sending the RTD (they only want it if it is still valid), but given that it is valid for a year and that it takes longer than a year to process a new RTD, I do not know why they want it. Even so, that is part of the instructions. Anyway, if they need it, they will request it. Otherwise, hopefully, they will just issue you the new one. Take care, Jason
May I ask what makes you think it’s not a done deal that Trump will be elected ? I remember you said that in an earlier comment.
It just seems, day by day, more bad news comes for Democrats and MAGA republicans are getting stronger day by day…What makes you think it’s not a done deal ? I couldn’t see any hope…Where do you find the glimmer of hope ?
And I hope you are not relying on a dubious forecast ?
https://projects.fivethirtyeight.com/2024-election-forecast/
I mean…I am obviously a democrat…and 538 is a legitimate organization…
But their method doesn’t seem…reasonable ? I mean…how could it be possible that…Trump leads in polling…and Democrats get bad news day by day…but in the forecast…biden has … more chance to … win ?
I mean…it doesn’t make sense…
I think 538 also said that Trump had a 15% chance to win in 2016. Anyway, forecasting these things is very difficult and even if Biden is showing a better chance of winning, it does not mean that someone else may have even a higher probability of success. Anyway, if Biden stays in, I think we have to do our best to support him. Take care, Jason
And also, there is something that makes me sad…
is that it appears that there is nothing that I can do. I cannot seem to make a difference…
People’s opinions seem to be baked in.
Let’s not talk about MAGA republicans… They are evil and they know.
But there are a segment of liberals…They are the kind of double haters, those that would say “well, both parties are corrupt, political process is dirty, I don’t want to have anything to do with it. Both Biden and Trump are corrupt. I am voting 3rd party, I am write in Bernie….” And they seem to espouse socialism…like medicare for all…or free college education…like those are simply not achievable …But these … slogans seem to work for them very well…and when Biden couldn’t achieve this mission impossible…He is punished…Also, Biden is labeled genocide joe, which could not be further from truth…tbh…I think some of them are Russian and Chinese bots that masquerade themselves as caring for the public welfare and a greater good, but in reality, trying to sabotage Biden and elevate Trump…btw, Jill Stein is a Russian asset, trying to siphon votes from Biden…
https://www.motherjones.com/wp-content/uploads/russia_dinner2000.jpg?w=990
It does seem there is a concerted, dark anti-Biden effort that is trying to elevate Trump to the presidency…I am afraid that we are just too powerless to put a stop to it…
Despite it all, the latest national poll I saw was 46% to 45%, but I do agree that another Democrat may have a better chance. Take care, Jason
What do you think about Trump’s promise to end birthright citizenship, especially if he were able to sway the Supreme Court to MAGA
What do you think about Trump’s promise to end birthright citizenship, especially if he is able to turn the Supreme Court to MAGA?
Anti-immigration people have been interested in that for some time, and there are legal arguments that can be made. With a receptive Supreme Court, it may be possible. Personally, I do not think the Court would do that, though some Justices might agree. If it ever did happen, I think it would be quite bad, as you see how these things play out in other countries where native-born non-citizens are alienated from the society and are not as productive as they might be if they were citizens (since they are not as secure, are more reluctant to invest in the community, and do not have the support they need to reach their full potential). Take care, Jason
My company wants to file EB2/EB3 for me but my asylum case is still pending. I want to ask you if it’s possible. please provide some info and do a blog post. Please let me know if that’s the right decision; if that is going to help me and I can get my green card through that. What issues or problem I could possibly face.
I appreciate personally for all your help!
I wrote about this on August 28, 2018 and September 6, 2018. It depends on many factors, but if you filed for asylum while you were in status, and your asylum case is still pending, you may be able to get your GC inside the US based on employment (under a law called INA 245(k). Of course, if you still have some other lawful status, such as an H1b or F visa, or maybe TPS, you could be eligible to get the GC. Otherwise, you would probably need to leave the US, which may or may not be possible. I think you need to talk to a lawyer and have the lawyer map out for you step by step how you will get from where you are today to having the GC, including whether you need to leave the US. I would get this in writing, which helps you understand and protects you from the lawyer filing the first part of the case (the employment petition) if you are not eligible to actually complete the case and get the GC. Take care, Jason
Thanks Jason!
I’ll search those blog posts.
Do you think I should ask the company for H1B then? Is that possible so I can have an active status and later apply for GC?
To get from where you are now to having an H1b probably has some of the same challenges as getting a GC, and in fact, may be more difficult because there is no INA 245(k) available for an H1b case. I would talk to a lawyer about this, as these things can be very case specific. So maybe there is a path for you. Take care, Jason
He already has a blogpost about it, Unfortunately it is not possible, I am in the same boat with you and I ll explain you why it is not possible.I have been on pending affirmative asylum for 2 years almost and the company i work for wants to sponsor me with eb2/3, they can do it and the I140 gets approved however the freaking Uscis doesnt allow you to change status after its approval, they say go to a 3rd country consulate but none of the consulates I have asked till now said they only process local residents’ greencard applications,(i.e Japan, for Japanese citizens ) Additionally, you will need an advanced parole doc to get out of US, which takes around 1 year to get and for the asylum pending people the validity is super short so lets say you somehow managed to get a consular appointment but you dont know when you ll get that advanced parole doc.
Mine took 7 months and is valid for 5 years, although I’m not gonna use it.
If you have an RTD that is valid for 5 years, that is big news, since normally it is only one year. I have not seen any announcement about that from USCIS, but I will look out for that. Take care, Jason
I mostly agree that it is not possible, but there are exceptions that allow some people to adjust status inside the US. The most common is a law called INA 245(k), but there are others too. Also, you actually do not need AP to leave the US and consular process. You only need AP to return to the US if the consular processing does not work (if it does not work and you do not have AP, you are stuck in the third country). That said, for the large majority of people in this situation (long term asylum pending, no other status), obtaining a GC based on employment is not going to work. It is worthwhile to go over specifics with a lawyer to see if there is a path, as some few people will be able to do it. Take care, Jason
I think that if Trump wins, it could be a very bad precedent.
The future GOPs will just replicate his formula.
I believe Biden/Harris is the best combination possible. But Biden is kind of old, but I never see the point of it.
In my opinion, the concern about his age is pure ageism discrimination…I know there are kings and mornachies in the history of mankind…that serves well into their 80s…I mean it’s not like it’s some unprecedented thing…
Biden needs to step aside; Democrats would have a higher chance of winning this election. This statement is backed up by polls showing that any other Democrat to lead Biden. His ego might cost Democrats this election.
I think another candidate would have a better chance, but even despite the positive news for Trump, the polls are still close – within a point or two nationwide (though worse in swing states). I am more or less convinced that it would be best for him to step aside. I think someone like Gretchin Whitmer or even Gavin Newsom would have a better shot at winning. Take care, Jason
I am not worried about whether he can be a good president – I think he can, as the people around him are (mostly) good. The question is whether he has a chance to win, and that is not so clear. Take care, Jason
It’s really scary…