There are more than 117 million forcibly displaced people worldwide. If refugees and internally displaced people formed their own country, it would be the 12th largest nation in the world.
To raise awareness about this crisis, the International Olympic Committee created the Refugee Olympic Team, which first competed in Brazil in 2016. This year, the team is made up of 37 athletes, hosted by 15 National Olympic Committees, competing in 12 sports. One goal of the team–aside from winning medals–is to demonstrate to the world that refugees enrich the societies where they settle. Here, we’ll meet a few members of the IOC Refugee Olympic Team.
Manizha Talash: Originally from Kabul, Afghanistan, Manizha discovered breakdancing through social media. She immediately fell in love with the sport and became part of a small group of breakdancers in her native Kabul–she was the only girl. She officially began training in 2020, at age 17. Some in her society could not tolerate a female breakdancer, and Manizha started getting death threats. To protect her family, she changed her last name to Talash, the Persian word for “striving” or “pursuit.” Unfortunately, the threats escalated to violence, and after several bombing attempts, the club where Manizha trained was forced to permanently close. After Taliban terrorists seized control of Afghanistan in 2021, Manizha was forced to make a perilous escape from Kabul, trekking over the mountains to Pakistan.
Arriving in Spain as a refugee, Manizha was initially separated from her breaking community, but little by little found her way back to training. Now, Afghanistan’s first female breakdancer trains hard every day and looks forward to participating in the Olympic Games.
Adnan Khankan: Adnan discovered judo when he was just 10 years old. The native of Damascus, Syria fell in love with the sport and its values from the first moment he stepped into the dojo. Adnan’s passion for judo led him to win his first local competition and later join the national junior team.
In 2015, Syrian was in the midst of a civil war, and Adnan was facing conscription into the regime’s brutal army. Inspired by his hero Muhammad Ali, who refused the draft during the Vietnam War, Adnan decided to stand up for what he believed in. Rather than participate in an immoral conflict, he fled Syria and made the difficult journey to Europe.
Finding an opportunity to re-start his education and training, he settled in Germany. Adnan recalls watching the Refugee Olympic Team in 2016 as a moment that truly gave him hope. “When one refugee does something bad,” he says, “it seems like people want to say that every refugee is bad.” “They don’t do that the other way around for other people which I think is really unfair.” “With sport, we can try to change this image and perception and the Olympic Games can be a great platform to try and spread this message.”
Dorian Keletela: A native of Congo, Dorian faced tragedy early in life. During his teen years, he lost both parents to political persecution. He was forced to flee his homeland at the age of seventeen. Dorian spent over a year in refugee centers before settling in Paris.
Dorian knows that as countries become more multi-cultural, anti-immigration sentiments can increase. He wants people to know what life is really like for refugees, how our similarities far outweigh our differences. “People sometimes have the impression refugees are bad but they are normal people,” he says. “Refugees are very motivated to invest in their life, to recreate their life.” “They are normal people that just had to move from their country that’s in conflict to go to another.”
Today, Dorian trains in athletics/track and field in Ulis, France. He looks forward to competing at the Olympic Games in his adopted hometown of Paris.
Saman Soltani: Growing up in Iran, Saman competed in artistic swimming and ultimately became a national champion. Later, she switched to kayaking, where she enjoyed success as a member of the national team, winning silver at the Asian Championships.
In 2022, she fulfilled a childhood dream when she was invited to a high-end artistic training camp in Spain. Saman was the first Iranian woman in history to compete at this sort of camp. To let people know what she had seen and learned, Saman posted photos on her Instagram account. Unfortunately, once the Iranian government became aware of the photos, the police and the Moral Guardians started to search for her. Saman could not return to her country. Instead, she sought asylum in Austria.
Today, Saman trains with the Austrian Canoe Federation and has won national championships in kayak marathon and sprint races.
Eyeru Gebru: Eyeru Gebru is an Ethiopian racing cyclist who represented her country at major championships. She got her start when she was 16, after she managed to earn enough money to rent a bike. “I’d go out with my friends and I crashed so many times,” she said, “I remember hiding from my mum at times so she wouldn’t worry.” When she was 17, a teacher helped her join a club in her city and she started racing properly.
In 2020, war broke out in Ethiopia. Eyeru lost family members and friends. “After eight months, I escaped my country because my federation said I could do the World Championships in Belgium,” she recalled. Instead of going to Belgium, Eyeru ended up in France, where she was granted refugee status. “Because of the situation in my country, I had to stop cycling for two years,” she said. “I couldn’t train or compete, but in December, thanks to my old coach and the French Olympic Committee, I received an IOC Refugee Scholarship which meant I could start cycling again.”
“I truly believe that cycling has saved my life,” says Eyeru. “I can’t express it in words.” “Before it was my dream and my passion, but now it’s more than everything.” “It’s like my biggest strength.” “Here, I don’t have anyone, I’m far from my family and the only thing I have is my dream and the love I have for cycling.” “It makes me more determined to be good at it and achieve my dream.”
I have work permit based on pending asylum. I got referred to immigration court. I dont have any attorney yet. At master hearing judge gave me time to find a lawyer. I know if i didnt have a work permit yet thats ground for stopping clock but since i already have ead. Will asking continuance for finding lawyer result in problems while renewing ead or does asylum work permit clock exist in renewing or only first time applicants.
Once you reach 180 days on the asylum clock, which you did, since you have a work permit, causing additional delay has no effect. So you can renew the EAD normally, even if you now cause a delay by requesting time to find a lawyer. Take care, Jason
I have a work permit based on pending asylym
Today I am fired on my first day of a new job…because I presented my asylum work permit…
They say that they don’t want to spend resources on me to train me…
I am sorry to hear that. I recommend you talk to an employment lawyer, as this may be illegal. Take care, Jason
It’s obviously not right…
But I don’t know any law prevents that…Immigration status discrimination is not a protected ground…so if they don;t like it (which most don’t…) they will just fire you because it’s at-will…
I am just worried that if I am constantly fired from a job…how am I supposed to come up with ($5500+$4000) money to pay my lawyers…
@JASON
hahaha do you believe this drama Jason? it’s the same guy who is redneck and lived in West Virginia lol he is not an asylum seeker, and he is not applying for jobs he just made up a drama
I neither believe nor disbelieve. I just answers the questions…
Hello Jason
I have an interview with JUDGE
Kassell, Josephthem but couldn’t find his approval and diened rate online.
Any idea
New judges often do not have any statistics available, so that my be the issue. You can Google “EOIR judge” + the judge’s name and then find some biographic info about that judge. That may help give you some ideas about the person. Take care, Jason
I remember you said that most of your clients don’t have past persecution.
So that means, in order to win asylum, all they can do is to prove well-founded fear. In these subgroup of your clients, do more prove well-founded fear through a) specific individual circumstance that makes him fearful or b) POPOP ? I am just trying to see which way has more people successful.
We rarely argue pattern and practice of persecution. Most cases must show a specific fear of harm for that individual. Take care, Jason
Thanks very much for the info.
If I only limit the cases to LGBT cases,
are most (>50%) of them “doesn’t have past persecution and successfully prove a specific, individual fear ?”
To me tho, this is where I see the challenges are. If a person is closeted (and didn’t receive harm), and then they come out in the U.S. and applied for asylum. And you are saying that you rarely argue POPOP, that means country condition will not be considered…
THEN….how in the world can they possibly show that … they are at risk of harm ? There is nothing, no material they can rely on to prove their individual fear ?
I do have a document showing 5% of people like me in my country of origin clearly suffers persecution. But it’s less than 10% needed it seems…Does that help at all ?
Any evidence that shows LGBT people in general or you in particular are targeted is valuable for the case. I was not thinking about pattern and practice in terms of my LGBT cases, but I suppose that is an element of many cases. In any event, if you can show that there is a danger to sexual minorities or to you because of your orientation, that is often enough. Take care, Jason
All my fear are a prediction for future.
Nobody can see what future holds, except GOD.
How could IJ buy what I sell ? Do I just tell them, I am afraid of harm…But ij will say what happened to others may not happen to me, right ? and i don’t know how to counter that.
I cannot travel to the future to see if I will be harmed, and then come back to present, telling IJ to say “see, this is the evidence that I will be harmed in the future”…
I have been thinking about the fee payment imposed upon asylum seekers.
I still feel that most immigration/asylum lawyers are in this industry for money. I want to clarify that it doesn’t include people like you. You said you are low bono and you said that you don’t surcharge. That’s good. And it looks like that you are making a living and your business is still running.
Your example proves that, it is possible for immigration lawyers to not charge a lot and not surcharge and still be able to make a living and sustain their business. There is no other justification for the ($5500+$4000) other than an immigration lawyer’s monetary greed. If an immigration lawyer really intends to deliver help, then they will at the very least, be able to be like you, be a low bono. I am not asking them to be pro bono even. But I feel that your level should be regarded as a normal benchmark to evaluate whether immigration lawyer is simply trying to profit from asylum seekers rather than help them…
So, for every immigration lawyer, if they charge higher than you and surcharge later, I will look down on them. I feel your charge schedule should be a normal benchmark.
Those who charge hefty money but deliver less-than-expert level services ? How dare them.
If you as an asylum expert, can charge low bono rate. Those who are below you should not charge higher than you.
Fees get set for all sorts of reasons, and lawyers have all sorts of expenses, and so I think it is basically impossible to know what is a fair price. I wrote more about fees on March 2, 2016. Take care, Jason
Dear Jason,
We appreciate your help to us. I am preparing applications for EAD renewal and I would kindly ask you to confirm the new filing fee (to file by mail) and what to write on memo description. New instructions do not mention payment for biometrics. Can you please clarify?
Thank you!
following
You have to check this website: http://www.uscis.gov/g-1055?form=i-765. The fee varies whether you file online or whether this is a first time application or a renewal. For most people, renewing an EAD based on asylum pending is $520 if filed by mail or $470 if filed online. In the memo line of the check, we writ “I-765” and the person’s Alien number. Take care, Jason
Hi Jason,
My asylum application was approved after waiting for 10 years to have an interview. I am grateful to God for everything and also for the support you provide through this website.
I had a question, when should I apply for my green card? Is it one year after approval or I can apply six months after approval?
You can apply at any time, but most lawyers, including me, recommend that you wait 6 months. I explain the reasons for this is a post dated February 8, 2023. Take care, Jason
I am sad to see that Trump is extremely successful.
His supporters don’t care about his wrongdoings in any capacity, never mind his remark, no matter how offensive he is…
I think people supporting him just don’t like gays and immigrants.
And there is no amount of campaigning Kamala Harris can do to change minds. I make a sad prediction, Trump will win…Kamala Harris will lose…
Hello Jason and everyone,
I am granted by IJ and sent my I-485 after 6 months granted last week on Monday, two days after that my card got debited 1440 and today i was sent a text message with the receipt number but the 3 letter is MSC what that mean i live in CA and for my pending travel document and work permit pending A05 as well recipients start with LIN, please advise.
As far as I remember, the letters have different meanings, such as which office received the application, the basis for the application, and maybe other things (such as online vs. paper filing). I think as long as you have the receipt, you should be fine. Take care, Jason
I want to remind people that although Kamala Harris seemed to have a good start, she is still mostly tied or down…
and she seems to be a bit weaker in battleground states…
100 days out…I am very worried, since kamala harris is still mostly down … I am not sure if she can make up that deficit…plus, polls usually underestimate MAGA gops…and there is also the electoral college, 3rd parties including russian asset jill stein…it’s really scary…
So I want to ask, as an asylum seeker, what can I do to help Kamala Harris ? Can I do anything in battleground states ?
You can’t do anything! You can’t vote, you can’t contribute, you can’t mediate in US election. Then just shut the f* up and wait for the result,
I mean…there gotta be something people can do…right ?
I did a post on August 25, 2020 about ways noncitizens can legally participate in the election. Take care, Jason
I did a post on August 25, 2020 about ways noncitizens can legally participate in the election. Take care, Jason
Can you please stop writing about your political opinion here? It feels like you want to write here whatever you feel like everyday. You’re distracting everyone from the purpose of this blog.
I am just very worried and I don’t know how to channel my nervousness…
I want to ask how much common sense does IJ usually plays on immigration proceedings…
One of the issue I often hear about is … the reporting requirement… I heard that some IJs hold the view that, if the asylum applicant doesn’t report the harm to government officials, then s/he will fail to prove that govt cannot/unwillling to control the persecutors…
In reality, it’s much more complicated, minors, people with medical conditions usually don’t have many options to report, and sometimes, it’s very obvious, given the country condition that, reporting is futile and could be dangerous…An asylum applicant, shouldn’t, in my opinion, to try to report while risk themselves…for the small chance that it … may be addressed by the government…
But if asylum applicant chooses not to report, s/he will lack the evidence to demonstrate that their country’s government cannot protect them…So sometimes I wonder how would IJ address situations like this…Sometimes, I feel that…in order to show harm or fear…one has to really place them in danger and must capture the evidence of danger and then present that to the IJ…but in the process, danger could do great harm to the applicant when s/he is trying to collect evidence…
If the asylum applicant avoids danger, then there is no proof of danger, no evidence to collect…for example, if an asylum applicant legitimately fears reporting to their government. I am worried then s/he will be denied asylum because IJ could reason, the applicant never tried to seek help, so his/her suffering the harm cannot be counted as persecution because by not reporting, the applicant fails to demonstrate that the govt cann’t or won’t help protect her…I feel this requirement is like a catch-22 situation. Thoughts ?
Anyone who fears harm from non-state actors must show that the government is unable or unwilling to protect them. So if this is the case, you would need to explain why you did not ask for protection, or why the government cannot or will not protect you. You should also get evidence in support of this requirement. Take care, Jason
Planning to go back to my own country I have a pending asylum since 2016 and it’s taking so long for interview to be conducted. Personal circumstances with parents now needs me to leave and go back. Is it possible to renew my passport and leave the country with my family? Will there be a problem at the airport also can I go back to my country and withdraw my asylum case?
You should be able to leave with no problem. If you want to come back, you should get Advance Parole before you leave for you and any dependent family member (I wrote about AP on September 11, 2017). If you do not plan to come back, you do not need AP. After you leave, you should probably withdraw your asylum case, as this will make it somewhat easier to return here on a visa, should you ever wish to return. I wrote about withdrawing the case on December 7, 2022. Take care, Jason
thanks very much Jason just needed to know to some answers to this question please.
Our work permit expires in Feb and we are planning to return back to our country in May 2025.
Can we renew our passports in October of this year and then apply for work permit renewal in November of this year ? Wil there be questions or rejections ?
We need work permits to actively work and pay bills until we exit the country. Your input in this matter will be highly appreciated.
Renewing your passports should have no effect on the work permit applications, though I do think you will need to list your current passport info on the I-765 (the work permit application). This should not affect eligibility to renew the work permits. Take care, Jason
Hi Jason!
A month ago you wrote that asylum offices begun processing the old cases. Does this trend still hold? I have been waiting since 2016, thinking about mandamus.
Thank you
Yup we have got our interview letter this month we had filed our case in 2017 in chicago office
I think our case that got scheduled in Chicago was from mid- or late 2015, and so I am kind of surprised that they would schedule a 2017 case. They are supposed to be interviewing cases from oldest to newest. I wonder if you ever asked to expedite or talked to a Congress person? Or maybe it was just random, since these asylum offices frequently act in unpredictable ways. Take care, Jason
It’s just random we didn’t do anything to get interview and there is almost 1 month timing to prepare and its in our field office not in Chicago office.
Interesting. I guess they are just randomly interviewing cases. It is good that they gave you nearly a month notice, but it would be nice if they actually had a system where they did what they say they will do – they have said they would interview cases from oldest to newest, but apparently, that is not what is happening. Take care, Jason
It does, and we have seen cases scheduled in Virginia and Chicago. I am not sure what is the story with other offices, but I think it is the same. The cases we have see scheduled are from 2015 and so I think it will be some time before they get to 2016 cases. So if you are in a hurry, mandamus might be a good idea. Otherwise, they should work through the 2015 cases and then get to 2016, but there is no way to predict how long that will take. Take care, Jason
I have a work permit based on pending asylum. Can i travel to American Samoa or US Virgin islands or puerto rico or guam or northern mariana islands or no. Flying with ead card or i need advance parole
I would not go to any of these places without Advance Parole (I wrote about AP on September 11, 2017). The one exception may be Puerto Rico, but I have heard about asylum seekers having problems returning to the mainland when they visit, so even there, I think it is safer the have AP. In terms of the Virgin Islands, because it is easy to travel between the US islands and the British islands, you need a passport and AP to get back. In terms of the others, there was a famous case of a person who got stuck in Samoa after he traveled there – I wrote about this on October 17, 2012. The circumstances are a bit different, but legally, I think it is analogous and so I definitely think it is safer to have AP. On the other hand, those all seem like great places to visit (if you have AP). Take care, Jason
Hey Jason! I have a question as a former asylum seeker. I married US citizen 2.5 years ago and a few months ago got 10 year GC through the marriage. I thought I can apply for the citizenship no earlier than in 3 years after the i-485 form was approved. However people keep telling me that I can apply for citizenship after 3 years being in marriage with my spouse. Basically in 6 months from now. Would you please tell me when I am eligible to apply for citizenship after I got the CG through the marriage?
From the date listed on the first GC (the conditional green card), you have to wait 3 years and then you can file for citizenship (assuming you are still married and meet all other requirements). You can actually mail the N-400 form up to 90 days before the 3-year anniversary, so the real wait time is a bit more than 2 years and 9 months. Take care, Jason
Hello,thank you for your every article,that’svery useful.
I have a question about lawer fee.
In 2016, I came to the United States and found a lawyer in Los Angeles to help me with my asylum case. The fee was $5,500, paid in three installments, with the final payment due upon receiving the interview notice. The contract stated that if the interview was not successful, it would include three court appearances by the lawyer.
However, in 2023, after my interview failed, before the first hearing, the lawyer said that the prices had increased. I needed to pay a $600 document fee, and for the individual hearing, there would be an additional $250 training fee and $750 for the lawyer’s court appearance. I paid the $600 document fee and waited for the next court date.
However, the judge in charge of my case changed, and the hearing was rescheduled for the following month. My lawyer then told me that the previous prices were no longer applicable and that I now needed to pay $1,500 for the upcoming hearing and $2,500 if it went to the individual hearing, totaling an additional $4,000.
Is this legal and reasonable from a legal perspective? I am afraid to disagree. Could you please advise me on whether I can file a complaint or sue him in the future?
Thank you so much！
☝️another example of immigration attorney trying to take advantage of immigrants…
I think you would need to look at the contract to see what it says, and if it indicates that there is a “document fee” or if there are additional fees, or if fees change over time, then that would help explain the additional fees. We have this problem in my office as well, where we set a flat fee for a case years ago, and we had no thought that the case would drag on for 8 or 9 years. It is very difficult to honor those fees and in some ways it is not fair to the lawyer, since circumstances change. For us, the court has moved to a new location that adds 1+ hours of travel time. Also, more is required for a case today than years ago due to changing laws. That said, we have been doing the cases for the original price, as that is what the contract says. So on the one hand, I understand why your lawyer is adding fees. On the other hand, the lawyer is obliged to follow the contract. Also, the total fee the lawyer is asking for the asylum office and court case ($5500 + $4000) does not seem excessive. I would probably ask the lawyer for clarification, and (speaking as a lawyer in this same situation), I would have some sympathy for the lawyer’s situation and the need to make a living and receive a fair fee for the work (and in my opinion, $5500 for an asylum case + a court case is not a very fair fee). Take care, Jason
I completely understand your perspective here. and ($5500 + $4000) IS a fair fee for lawyers.
But ($5500 + $4000) is also a lot of money for an average, ordinary asylum seeker that comes from a 3rd world developing country…
I heard that not a lot of Americans even have savings like that…
If an asylum couldn’t immediately come up with that kind of money…what could he do ? (Can he just file a barebone application pro se…and then get EAD, work and then save up $5500+$4000 and then find a lawyer ? is it a viable path ?)
The asylum seeker would either have to find a pro bono (free) lawyer (I wrote about that on September 22, 2016) or file on their own. It is a lot of money that has to be paid in a short period of time (since cases move pretty quickly these days. That is a big problem for asylum seekers who cannot afford the fee and for lawyers who cannot afford to not charge the fee. This is a collateral consequence of making the court cases go much faster. Take care, Jason
I understand your point. I also recognize the impact of price increases over the years. However, as a foreigner who has never dealt with American laws or lawyers, it’s hard to grasp the significance of the $4000 increase. For me, apart from the initial filing of documents and some translation work, the lawyer has had little contact with me as we’ve been waiting for the long scheduling process. Now, facing the upcoming court hearings, the master hearing can be attended online, but for the individual hearing, the lawyer indeed needs to appear in court. It is quite costly to have him represent me, and I need some time to adapt to this. Of course, I must pay this fee, as failing to do so would lead to significant consequences that I cannot bear. Therefore, I’m seeking your advice on this matter. I greatly appreciate your response.
Additionally, I would like to ask if it is necessary to have witnesses from the church present during the individual hearing for an asylum case based on religious persecution. Thank you, and I wish you and your family happiness and safety.
While it may be a fair price to charge the extra fee, it really depends on the contract. We have many old cases, and we do not increase the price from the original contract. But that is how we wrote the contract (which in retrospect, was probably not so smart on our part). However, if your contract with the lawyer indicates that he can charge more, or that the court case is extra, it may be within the lawyer’s right to charge more. Of course, if you think the lawyer is not doing much, you might look for a different lawyer. Whether you pay a lot or a little, the most important thing is to get the best representation possible, and if the lawyer is not doing a good job, you should look for someone else. In terms of witnesses, if part of the case is proving that you are practicing your religion, then I think witnesses from the church are important (so for example, if this is an apostasy case, such witnesses are generally very important). Take care, Jason
I know a little bit about the legal industry now…cannot believe that…
Immigration lawyers are classified as public interest law jobs ? right ?
I mean…shouldn’t it be assumed that people who work as immigration lawyers have public interest in mind and should have immigrants’ best interest in mind, without a regard for money ?
What you describe to me makes me feel that, immigration lawyers care a lot about money…I mean…if that’s case…why didn’t they study harder at law school and try to get into big law firms ?
(I of course know there are people who CHOSE to become an immigration lawyer despite a stellar student at law school…I assume you are one) But generally speaking, what you are saying seems to me that…these lawyers are all after money, they put their own financial interest over immigrants’ wellbeing interest…It’s entirely okay and understandable…I am not judging…But if these immigration lawyers care so much about money…is it safe to assume that because a lot of them were not stellar students at law school…they were forced to … take jobs like being immigration lawyers…to … pay the bill ?
Immigrants community are one of the most vulnerable…and I am afraid that the current state of immigration law community didn’t provide adequate support for them, am I right ?
Some lawyers care only about money, but I think most choose this field because they want to help people. Liker everyone, though, they need to make a living. Take care, Jason
Hi，jason
I understand your point. I also recognize the impact of price increases over the years. However, as a foreigner who has never dealt with American laws or lawyers, it’s hard to grasp the significance of the $4000 increase. For me, apart from the initial filing of documents and some translation work, the lawyer has had little contact with me as we’ve been waiting for the long scheduling process. Now, facing the upcoming court hearings, the master hearing can be attended online, but for the individual hearing, the lawyer indeed needs to appear in court. It is quite costly to have him represent me, and I need some time to adapt to this. Of course, I must pay this fee, as failing to do so would lead to significant consequences that I cannot bear. Therefore, I’m seeking your advice on this matter. I greatly appreciate your response.
Additionally, I would like to ask if it is necessary to have witnesses from the church present during the individual hearing for an asylum case based on religious persecution. Thank you, and I wish you and your family happiness and safety.
Hi Jason,
I applied for GC based on the grant of asylum in April 2023. I chatted with the USCIS live agent, who said my case was transferred to the Boston field office on 06/27/2024, but based on the state where I live (Virginia), the case should be transferred to the Washington field office. What does this mean? Is it normal? Based on your experience, how long does it usually take to get a result after a case is moved to a field office?
Thanks
I am not sure if it is normal, but I also do not think it is cause for concern. USCIS routinely moves cases around depending on work loads, and it may relate to that. GC cases based on asylum take 1 or 2 years for most people, and so the wait time is still normal. I suppose you could try to expedite the case (I wrote about expediting in general on January 29, 2020), but otherwise, I am not sure that there is anything to do except keep waiting. Given what we have been seeing, I would expect some action from USCIS in the next few months, but again, everything with them is so unpredictable, it is difficult to know. Take care, Jason
MM,
This seems to be the practice with USCIS because I live in Missouri but mine was transferred to Vermont. Who are we? They can play and mess up with our lives as they wish and we will keep waiting until they feel like touching our files
Hopefully, the case was transferred to make things more efficient and to help process the case more quickly. Hopefully. Take care, Jason
Who will be Kamala Harris’ running mate ?
Opinions ?
Hello Jason,
Here is my story: after 7 years i USA i was denied asylum. I did Appeal.. couldn’t wait longer as my wife was in danger back home. So i just left US and went to take her. We came together here (me back) illegal. Now we have 2 kids born here 3 and 1. Appeal got back to me and said the judge did mistake in my case and need to schedule another hearing and bring new decision. Still no date for next hearing after 8 months.. today my wife had Individual Hearing in NY and prosecutor said that there is ni reason for you to have two cases and wait for two hearings, so asked judge for two cases to do one case-one hearing. And this Judge will be my new Judge( my wife’s judge) as i had different judge before ..
Now question: Is this a good sign? What is you opinion?
Thank you Jason,
Take care !
What ?
I mean…so basically…a person can go in, go out, go in ? without obstacles ?
How did you get in after you left US, may I ask ?
I really do feel that we need to secure our borders…I am a pro-credible fear interview person. But if a person can go in, go out, go in…I mean…it’s a joke to have a border that is not functioning.
The border has always been permeable, but there are legal consequences to leaving the country and re-entering without a visa. Take care, Jason
That makes me feel better.
I hate it when bad behavior goes unpunished…
asylum seekers should follow the rules…
Persecutors need to be punished…
Thank you for sharing your perspective. Please note that there is nothing in the Immigration and Nationality Act (INA) that explicitly makes it illegal to enter the country undetected and apply for asylum. The method of entry can complicate an asylum claim but does not make the act of seeking asylum illegal.
However, like Jason said, concerns arise when individuals leave and then re-enter the U.S., as this can impact their eligibility and raise questions about their asylum claim. It’s essential to consider the full context and any legal nuances that might apply. I’d also recommend that this person hires a lawyer.
Hopefully you have a lawyer to help with this case, as there is much that will depend on the specifics of your situation. For sure, you would each want to file your own I-589 form (you, spouse, and any children that are part of the case). You may also want to present her case first, as it sounds like it will be cleaner – since she did not have an exit from the US and return to the home country. These are just my impressions and I am not sure. A lawyer who could look at all the specifics could evaluate this and decide how best to present the case. Take care, Jason
I did have my case files since 2015..
Appeal gave me another shot ..
I don’t think it can be same decision again ( now is different judge)..
Also my wife filed on her own in 2021, but yesterday they said to do only one case ( no two)
My 2 kids are US citizen..
i always worked here , good salary around 200k, paid taxes and never had any even parking tickets…
It is not the judge or DHS (the prosecutor) who gets to decide what case or cases to present. That is 100% your decision. You can discuss that and maybe present the strongest case firm, but you need to determine – with a lawyer – whose case is strongest. It may be that your exit from the US has weakened your case and so you need to evaluate which case is best to present. That said, it is your absolute right to present your case and your wife’s case (and cases for your children if that applies). Take care, Jason
Dear Jason, I was wondering can I, as a derivative on my husband’s asylum case, renew my passport and and use it without a negative effect on our case? We are from the same country.
It really depends on the case – if your husband’s case indicates that the whole family is in danger from the government, you will need to explain why the government allowed his spouse (you) to renew the passport and why you would do that. If the case does not involve a fear of the government, or if your husband is the only target, that should probably not be an issue. Take care, Jason
Hi Jason,
I would like to thank you for your help and valuable blogs, which has given us the incite and knowledge about the complexity of asylum in USA. Today Judge has approved my case and I wanted to what should be the next step. I recently received my EAD with C08 status, do I have to apply again? What else should I do or apply? Thank you so much again.
Congratulations! There is a new policy that seems to mostly work – they should automatically send you an I-94 and a new EAD based on asylum granted (category a-5). If that does not occur within 45 days, you can Google “post order instructions in immigration court” and follow those. Also, I did blog posts on May 16, 2018 and December 15, 2021 about what happens when asylum is granted. Maybe those would be of interest. Take care, Jason
I just couldn’t understand.
Biden and Trump…what a clear contrast. One can give up ambition and make that self-less. ultimate political sacrifice. The other, resort to coup, resurrection to hang onto power…
Could I just shout out to Americans…”WAKE UP !!!”
Hello,
I have a pending Refugee Travel Document (RTD) application, and I have been granted a U.S. green card based on asylum. I need the RTD to travel to Mexico to begin my academic studies. Although I can theoretically use my green card to travel to Mexico, the Mexican embassy denied my student visa application because they require an RTD in addition to the green card before they can grant me a student visa.
If I am not granted this visa, I will lose the opportunity to provide services to my community in the USA. The program in Mexico, which will provide me with a U.S. license to practice my specialization in the USA, will be discontinued. This is my last chance to get licensed in the U.S. through this foreign program in Mexico.
I am thinking of expediting my application with the above facts for humanitarian reasons. On the USCIS website, they provided examples for Humanitarian Reasons and they are all based on illness or life-threatening situations to a relative outside the US.
Are the academic facts, that I have listed above, considered sufficient reasons for the USCIS to expedite my RTD application?
Thank you for your assistance.
I think they are decent reasons and you can try those. Also, if the delay will result in financial loss to you, that can be a reason. I wrote about expediting in general on January 29, 2020 and maybe that would help. Also, given this situation, you may want to ask your Congress person for help. You can find their contact info if you follow the link under Resources called House of Representatives. Finally, if all else fails, maybe you will need to use your passport, if you have one. There are some small risks involved in that, which I wrote about on May 25, 2022. Take care, Jason
Kamala Harris is till down in the polls…
What should I do…
Can i file mandamus lawsuit for uscis to conduct my asylum interview. I have been waiting for 3 years plus in new york asylum office. Or its too soon for that. Alternatively i think i will have more chances in immigration court plus due to recent conditions in my country i would like a faster asylum decision or it wont help my case if conditions improve in my country . Is there any way to be put in removal proceedings or ask ask ice to put in removal proceedings and seek asylum in front of judge if thats faster. I also have one year deadline issue which i can explain but i heard one year deadline issue has more chance in immigration court than uscis. My office is new york asylum office which is the worst plus one year issue will most certainly mean i will be referred to court.
So is mandamus lawsuit possible to force interview or somehow some dept can put me in removal proceedings
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
You would have to talk to a lawyer who does mandamus cases in NY, but I would think it is possible to file such a case. It is true that NY is a tough office to win, especially with a one-year bar issue, but you should still try – I wrote about that on January 18, 2018. I do not know if you can get ICE or the asylum office to send you to court. The only way I know how to do that is to have the interview, and to do that, you would need to expedite (I wrote about that on March 23, 2022) or file a mandamus. Take care, Jason
This is a sad reality . By the way Jason, after my case has been for 1 year, I got the following update: As of July 24, 2024, fingerprints relating to your Form I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS, Receipt Number MSC**************, have been applied to your case. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address. During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant’s/petitioner’s criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators. Does it mean that USCIS is currently reviewing my case?
This sounds pretty standard, but I guess at least it means that the case is being processed. Take care, Jason