There are currently more than 1.3 million cases pending at our nation’s Asylum Offices. One reason for this massive backlog is that the number of asylum applicants far exceeds the ability of the Asylum Office to process cases. Another reason is the U.S.-Mexico border, where Asylum Officers (AOs) interview each new arrival to determine whether they meet the initial eligibility requirements for asylum. These interviews sap significant resources from the Asylum Office, though lately, the situation at the border has been easing. A third big reason for the backlog–and the subject of today’s rant–is the way AOs conduct asylum interviews, which routinely take four or five hours, and which waste considerable time on irrelevancies.
Asylum interviews are divided into several parts. First, the AO describes the interview process to the applicant and lays out some basic ground rules (“If you don’t understand a question, please ask for clarification”). Next, the AO reviews the I-589 form and makes updates and corrections. Third, the AO conducts the interview itself, to learn why the applicant needs protection and to probe credibility. Finally, the officer explains how the applicant will receive a decision.
My main areas of concern regarding efficiency relate to the second and third parts of the interview, but certainly much of part one could be done in writing or, for applicants with attorneys, by the attorneys, and then simply verified by the AO.
Let’s start with the form. At the beginning of the interview, the AO reviews the entire I-589 form with the applicant. Since interviews often take place years after the form was completed, there are usually many updates. This wastes significant time, especially since the large majority of updates are completely irrelevant to the asylum claim (why do we care where you worked or went to school after you arrived in the United States?). It is also fatiguing for the applicant.
In Immigration Court, the judge usually asks whether the I-589 is complete and up-to-date, and we say “yes.” It takes maybe 20 seconds. Of course, to do that at the Asylum Office, the applicant would need to update the form beforehand (I wrote about that here). This should be easily accomplished by represented applicants, as their lawyers can prepare updates in advance. It will be more difficult for pro se applicants, but the Asylum Office can help. When they send the interview notice, they can include an update sheet for the applicant to complete prior to the interview. Some applicants may not be able to make updates on their own, but many can. At a minimum, preparing updates in advance will save time by having the applicant remember her jobs and addresses beforehand, rather than trying to remember these details during the interview.
In the next part of the interview, the AO asks about the asylum claim itself, examines whether there are any bars to asylum, and probes credibility. The main problem here is that the officers review the applicant’s entire story instead of focusing on the portions relevant to eligibility. For example, in many of my Afghan cases, the applicant worked with Americans and fears persecution by the Taliban, which targets people affiliated with the U.S. We submit loads of evidence about the person’s jobs: contracts, letters from U.S. citizen employers, photos on the job, etc. Yet, at the interview, the AOs often spend hours delving into details of the jobs to determine whether the applicant actually worked in those positions. Why is this necessary when there is irrefutable evidence of the job, and when the jobs can often be verified by the AOs through independent government sources? In what was probably my most outrageous case like this, I represented a very prominent woman from Afghanistan who was well-known to the U.S. government. In fact, Melania Trump had personally given her an award. The interview took more than six hours! Given what the Asylum Office already knew about my client and what it knows about Afghanistan, the case should have taken six minutes.
Reviewing details unnecessarily (and ad nauseam) is not the only problem with this portion of the interview. AOs repeat the same question again and again, even when credibility is clearly not an issue. This happens most often when the officers are examining whether any bars to asylum apply. We lawyers often refer to these efforts as “fishing expeditions” where the AOs arbitrarily ask questions in the hope that some issue will pop up. Unless there is a reason to ask a question again, once should be enough.
If I’m so smart, you ask, how do I think asylum interviews should be conducted? I am glad you asked.
First and most importantly, AOs should review the cases beforehand to identify credibility or eligibility issues, and they should focus on those issues rather than asking about unimportant or irrelevant matters, or going on extended fishing expeditions. Often times, a case will hinge on one issue or one document, and if the AOs can identify this, they can significantly shorten interviews.
Also, the Asylum Office should create a standardized form that applicants and their attorneys can submit to update the form I-589. Assuming the applicant can submit updates in writing, the AO can ask the applicant whether the form and updates are all correct, and the applicant can confirm. This should take a minute or two, as opposed to 30 minutes or an hour, which is what we currently see.
Finally, some cases are legally or factually very complicated. Rather than waste Asylum Office resources on difficult cases, they can be referred to Immigration Court for adjudication. Judges and DHS Attorneys have more resources to deal with complex cases. In addition, in complicated cases, applicants often need to pursue other types of relief aside from asylum. Only Immigration Courts have jurisdiction over cases involving Withholding of Removal, Torture Convention relief, Cancellation of Removal, etc.
The problem with inefficient interviews is systematic. Indeed, even the most efficient interview takes two or more hours and involves numerous irrelevant questions. If interviews take longer, fewer people will be interviewed, and the backlog will continue to grow. The Asylum Office needs to radically re-think the interview process not only for the sake of individual applicants, but in order to preserve the system.
Hi Jason,
I have a friend who hasn’t had her asylum interview (she applied 8 years ago). If she does a mandamus does she have to do it twice once to get an interview then another for decision?
Thanks
Usually, when a person files a mandamus, USCIS will agree to a schedule for the interview and decision, so that they do not need to litigate the case. In that situation, there is only one mandamus. Before the mandamus, your friend can try to expedite in the “normal” way, as that may work – I wrote about that on March 23, 2022. Take care, Jason
Hi Jason
I am an asylee and i got it in immigration court by IJ.
Waiting for RTD , but some countries don’t accept it. Gulf Countries for example. Can i use my passport? My case is based on prosecution by police because of nationality , not by head of the government, so i should have 0 issues in getting new passport.
Thank you.
You can use your passport, but you should be prepared to explain why you got the passport and why a government that seeks to persecute you would issue you a passport. I think you probably can explain this, but it is good to think about what you will say in advance. Also, I doubt you will be asked about this, but you never know. Finally, I wrote more about this issue on May 25, 2022 and maybe that post would give you some ideas. Take care, Jason
Hi Jason,
I hope you are doing well. My case approved by immigration judge two weeks ago and I have been waiting for the decision and I-94 in the mail and haven’t received it yet. However, my attorney has received the decision letter but not I-94. I call the USCIS and they informed me that it has been sent two weeks ago to my address. I am suspecting USPS has lost it. I am worried and don’t know what should I do. Is there any way I can get it or apply and get it sooner? Thank you.
Normally, you should wait 45 days after the decision to see if USCIS sends the I-94 and the new EAD. This is a relatively new policy and I am not sure it is always working. You can also Google “post order instructions in immigration court” and follow those, which involve calling USCIS (800-375-5283) to request the I-94 and EAD. If that does not work, you can just apply for the EAD using the I-765 form, http://www.uscis.gov, based on asylum granted (category a-5). The first a-5 EAD is free. If you have the EAD, you should be fine, even without the I-94, though it would be better to have everything and it is worth calling to try to get what you need. Take care, Jason
I got mine 3 weeks after the IJ grant.
Wait for it, if not wait 45 days and google INFOPASS ONLINE. File the form and they will call u in the next 72hr. They schedule appointments within 7days.
If you do that before 45 days mark they will reject request.
Good luck
Hey Jason!
Thanks for your blog! I’d like to ask for your advice. I applied for asylum 6 years ago. Never gotten the interview. I had been an interview pending until I married and got GC through the marriage. Subsequently I withdrew the asylum case. Again I had not been interviewed or anything. I’m a native of Belarus. I’d like to travel to Russia to meet with my relatives. Although both countries are known as close allies but the issues that made me to apply for the asylum are kind of outdated now. I feel it’s save for me to travel there. I’m not going to Belarus though. Do you think my travel there will get me in trouble with the US government when I’m back to the US? Thank you for the response!
Best, Max
I do not see how traveling to a third country should have any effect. The US government would not distinguish between visiting Russia or any other third country, even though Russia and Belarus are allies. Even if you went to Belarus, it would probably be fine, though I think it is better to avoid that at least until you are a US citizen. Take care, Jason
Hello, i filed asylum after 2.5 years in usa before that i had visitor visa but tried to extend and also change status but it was denied. Before i applied aslyum i did foia on myself and i did it online. In foia by mistake i put my country of birth united states. But foia was denied denied due to duplicate foia. I asked foia same things in 2 foia but uscis didnt said i claimed us citizenship mentioned it just denied foia due to duplicate request. The issue is false claim of citizenship by mistake
Asylum is affirmative. With uscis . Can i still apply work permit after 6 months. Or due to false citizenship claim my ead will be denied. And also will my asylum be denied due to false claim of citizenship.
Also lets say im in removal proceedings is cancellation of removal or vawa cancellation of removal. If false claim of us citizenship a bar to cancellation
I do not think that error would be considered a false claim of US citizenship. It sounds like you had no intention to claim citizenship, you just accidentally listed US on that question. In any event, I do not see how that would affect your eligibility for a work permit. If you filed for asylum 150+ days ago, you should be eligible for a work permit. Take care, Jason
I actually did some homework on this.
It looks like, since 2020, the govt got rid of…knowingly requirement…as long as it’s listed as us citizen, then it can be regarded as false claim of us citizenship…
“On June 28, 2019, the U.S. Department of Justice’s Board of Immigration Appeals (BIA) clarified in
Matter of Zhang that an alien’s false claim to U.S. citizenship does not need to be knowingly made to
give rise to immigration consequences.”
That is the background. I am kind of worried about this one tbh for myself and for many people. because, it’s entirely possible to mistakenly list as US citizen…
Now…….I want to ask something that pertains myself…Numerous times, I encountered discrimination because of my asylum EAD and in I-9 process….If…I list myself as US citizen and doctor my SSN…(to unrestricted ones)….
Will I be forgiven in the future that, I did the misrepresentation to avoid discrimination but not to achieve a benefit that I shouldn’t have had ? because asylum EAD permits me to work already, I am doing misrepresentation (listing US citizen in I-9 and altering SS card) to avoid discrimination (avoiding discrimination is a right I should have)…do you think this argument is solid in immigration court/BIA/circuit court ?
If you change forms and lie to an employer, that clearly is a false claim to US citizenship and it is a deportable offense. I do not know how that affects an asylum claim, but at the minimum, it will be a negative discretionary factor, and I expect it could have worse effects than that. However, I do not think accidentally listing the wrong info on a form – especially where that info is irrelevant – would be considered a false claim to US citizenship. I have not researched it, but I have dealt with this issue in other contexts and I doubt USCIS would view an error on a form as a false claim. Take care, Jason
Personally, I have always been saying I am not a U.S. citizen, if it becomes necessary to disclose…I am the most non-disclosing person you know…but I always say I am not a US citizen. Just to avoid the future charge of “false claim of us citizenship”.
But I just looked at its inadmissible/deportable… it seems that mens rea is important in determinining inadmissibility and/or deportability…one has to “make the false claim with the subjective intent of obtaining a benefit or achieving a purpose under the INA or any other federal or state law”…in order for a inadmissibility finding.
If I lie on my I-9 form, the only reason I am doing that is to avoid discrimination, which is my legitimate right. I don’t plan to overstep the privilege granted by asylum EAD…like if my EAD expired, I won’t bother finding a job. And you are saying, this mens rea explanation cannot save me ?
Also, it’s really annoying that one has to disclose immigration status to their employers. Why are they entitled to know my immigration status ? They are not owed my personal matters. I know there is no better way at the moment because I-9, e-verify reveals a lot of information. But I can certainly imagine, once an employer knows that a person is an asylum seeker. The employer may exploit this very fact. They can may be call the country’s embassy in the U.S. saying “hey, we have a xxx from your country seeking asylum in the U.S.” to retaliate when this asylum seeker asks for a pay raise or unionize…
Speaking of that…if claiming U.S. citizenship is a problem…can I claim I am a green card holder…I wouldn’t mind getting a fake green card…🙃
I would highly recommend you do not lie to anyone about your status here, as it is unlikely to help you and very likely to make things worse. Take care, Jason
It’s sometimes hurtful to see people diss me for posting too many comments.
I know it may seem overwhelming. But it comes from a worried asylum seeker. Kamala Harris’ victory means a lot to pending asylum seekers. I don’t know where else on the internet could I post things and I could express my worry and ask for suggestions. Because not many kamala supporters are asylum seekers. They don’t understand what it means to be an asylum seeker under Trump.
(also, there are people who hold the “f*ck you, get mine” mentality, sometimes from asylees…they have already obtained asylum and now turned around to try to dispel others who are in the process of asylum…I don’t think highly of these people)
So I hope I explained why sometimes I post a little bit many…It’s because I really hope Kamala to win. And I am worried, is there some…good way…for me to handle this nervousness (other than time and money-consuming method like therapy…I cannot afford that…and I cannot spend everyday trying to get contact with nonprofit organizations…I work everyday…but my mental health is also important)…is there another asylum-focused forum where I can post excessively and not get dissed ?
Many of your posts are valuable, but you need to be mindful of this forum and limit yourself to relevant comments. As I mentioned before, I would appreciate you restraining yourself, as I would prefer not to have to remove your comments. Take care, Jason
That sounds reasonable.
(Also, my … disagreement…is not with you only regarding this aspect, many others pile on me as well)
But…if I may, I find that a lot of you guys only say things that I shouldn’t do…
But what about what I should do ? Where can I go/what should I do (concrete steps) to handle my nervousness ? you guys never point a direction or solution for me. It’s honestly hurtful because it seems as if, as long as you get your porch cleared…me swept away…then I am left on my own… what happened to me next, don’t care. It’s really my honest thinking…do you think I have a point ?
I wrote about this on January 9, 2018. I think during the long wait, people need to keep moving forward with their lives – in school and work, in relationships, with their religious institutions and social groups, etc. It is very difficult, but it is important to continue engaging in positive activities. Take care, Jason
Hi Jason,
Thank you for all the help you have provided through this medium to immigrants. My asylum case was not approved by AO and was transferred to IC since 2008. I have had 2 master hearings in 2020, and individual hearing has been moved twice. I was supposed to have my last individual hearing on May 8, 2024 but I got a letter that the judge will now be visiting judge 3. Later, the hearing got cancelled again and I learnt the IC that was handling my case got closed and all cases were moved to another newly opened IC in the same area.
Today, I just got a letter that I am scheduled for another master hearing on November 2nd with the message below “Your upcoming Master hearing is internet-based on November 12, 2024”
My question is why do I have to start again with master hearing, and have you come across this kind of situation before with any of your client?
Unfortunately, the Immigration Courts are still a mess and it is fairly common to see this type of problem. You can file papers and ask the judge to schedule an individual hearing, so you can skip the next master hearing. I wrote about that on April 20, 2017. Take care, Jason
Thank you so much for your reply
Good Morning Jason,
I applied my green card April 2023, after one year approved asylum.
I sent my medical for me and 4 of my family members. My status changed online to request for intital evidence was sent. My question is if they still ask for medical what should do, to request and replied USCIS that i already submiteed or shoud i do it again and sent to USCIS?
Thank you.
Jimmy
If they request that, I would just get a new medical exam and send it. In some cases, the medical exam expires after it is submitted, and so that may be the reason. USCIS has also been sending from very stupid Requests for Evidence lately, and so you will have to see what the letter says. Take care, Jason
Hi Jason,
My asylum case was approved by the Immigration Judge, who mentioned during the hearing that the decision would be mailed to our address. However, it has been two weeks, and we have not received anything yet. Additionally, there has been no response from the court when calling their phone number. I am moving in a few days and am concerned about receiving the decision letter. Is there any way I can contact the court to obtain the decision letter before I move? Thanks
You can try calling the judge’s clerk directly. You can find the number if you follow the link under Resources called Immigration Court. If you had a lawyer, you can also check with the lawyer, who should get a copy of the decision. If that does not work, you can go to the court itself and ask at the reception window for a copy of the order, and that might work. Take care, Jason
Hello jason,
I have an asylum based green card and my brother will be applying for J1 visa. I was wondering if he will be asked about my status or not. And if that happens, if the answer green card will be enough (or whetgee they will ask him in details)
. If anybody have such experience and can share it that will be great.
Thanks.
I doubt he will asked, but if he is, he would just have to tell them what he knows. I do not think this would affect his eligibility for a J-1 visa, but if your asylum case causes the embassy to think he will violate his visa by seeking asylum, it could affect him. Therefore, he should be prepared to explain – with evidence – that he will return to his country at the end of his visit. He can submit evidence of attachments to his country, such as family, property, job, etc. Take care, Jason
It’s really hard for me to imagine there are no consequences to hold those who broke the immigration intent requirement…accountable.
In my opinion, there should be at least…some consequences…(besides denying visa being applied)…for people who try to obtain a nonimmigrant visa but deep inside hold an immigration intent (but not disclose or lie). Changed circumstance may warrant a lesser punishment but still, one should not hold a nonimmigrant status while having an immigration intent. otherwise, this requirement would then be unenforceable, people will be tempted to “try their luck”.
When I try to seek asylum, if I lie on my asylum application or tell untruth, there will be serious consequences…because without those consequences, the only negative is … denied asylum (no loss compared to the starting point)…and people will be tempted to lie…
I cannot believe no comparable punishment is instituted against…immigration intent…
There are consequences, depending on the type of application. However, when a person is fleeing for his life to seek asylum, having an immigration intent when you apply for a non-immigrant visa will not disqualify the person from asylum. Take care, Jason
Hi Jason,
Thank you for your unconditional help. It has been invaluable in helping me find an attorney and improve my case. Today, after ten years, my case was approved by the IJ, and I can’t express how happy I am. I would recommend that anyone in a similar situation read every single blog and book you’ve shared; they are incredibly informative.
I have a question. My husband’s NIW EB1A case was approved last week, at the same time as mine, and I would like to apply for Adjustment of Status (AOS) with him. I’m not sure about my eligibility, and if I am eligible, would it affect his case? Do you have any experience with this?
Thank you. I did a blog post on May 16, 2018 that may be of interest (about asylum granted). In terms of the EB cases, now that you have asylum, you should be eligible to adjust status and get a green card based on his approval. However, I think you need to talk to a lawyer to be sure. Also, while it will probably be faster to get the GC based on the EB case, if you get a GC based on asylum, it is back-dated one year, and so overall, it may not make much difference in terms of when you can ultimately apply for citizenship. I do not see how your applying as a dependent would have any effect on his case, but you can ask his lawyer to be certain. Finally, I should mention that getting your GC based on his case will not erase the fact that you had an asylum case. So if you want to return to visit your home country, you still need to be careful about that (I wrote a post on January 6, 2016 discussing this issue). Take care, Jason
Thank you for your response. Does your firm takes cases for AOS adjustment and howmuch will you charge on average for that?
We AOS cases, but I do not think we can take one now for an EB adjustment. If you wanted to email me, I can give you an idea about our fees, as I feel like it is bad form to post that here: JDzubow@DzubowLaw.com. Take care, Jason
Hello sir, i have an asylum seeker . Country of persecution india. I have a weak case . First theres a 1 year deadline (5 years delay after 1 year due to stress) . Second in these long years i dont have proofs. I have my personal testimony plus witnesses from india but they cant come to usa to testify in usa but can testify on video. So all in all its a weak case. My case is with uscis.
Second i have changed my religion to muslim due to my ex partner who is muslim in usa. But now im practicing muslim. Do you see being a muslim qualify as religion grounds for asylum. India is very hostile to muslims and out of all minorities muslims are persecuted more. Secondly i converted from Hinduism the national religion of india to muslim. Which is even worse. I wont be individually targeted but as religious group muslims are persecuted in india for religious habits, eating habits , way of living etc . Can this new basis be changed circumstances for overcoming one year deadline . Alao internal re location wont be be possible when 99% states have hindu majority population . So the risk is nationwide.
I wrote about the one-year bar and ways to overcome that on January 18, 2018. If you converted after you filed for asylum, that may also be a way to overcome the one-year bar – I wrote about that on June 19, 2024. Certainly, you should make your best effort to show an exception to the bar; otherwise, the asylum case will be denied (though you can still get other relief in immigration court). In terms of the witness, that person can write a letter – I wrote about witness letters on August 16, 2012. You can also get evidence of your conversion, such as a letter from the mosque, letters from others who know you, photos at religious events, etc. There are many millions of Muslims in India. However, there are probably very few people who converted from Hindu to Muslim, and you would want evidence that converts face persecution. Of course, if you have faced specific threats from people who know about the conversion, you would want that evidence as well. Take care, Jason
When an asylum applicant is faced with IJ/DHS’s proposal to accept or reject prosecutorial discretion (dismissal). Is there any risk to reject prosecutorial discretion (dismissal) ?
Cause, if an asylum applicant rejects prosecutorial discretion, then OPLA will be forced to litigate the case and IJ will be forced to adjudicate… I mean…could they see this as the asylum applicant increasing their workload. so that they may try to retaliate this applicant ? (e.g. DHS aggressively challenging the immigrant and IJ favoring DHS and not listening to defense counsel and expeditiously issuing removal orders ?)
@Jason, have you done cases that you won, but in retrospect, when you look at those cases. there are weakness that DHS “forgot” to challenge that could have derailed the victory for your clients ? I am just thinking since every case will have weakness, and if DHS chooses to pursue aggressively the weakness, it’s quite possible for them to prove that any asylum applicant is ineligible for asylum..theoretically, right ?
There is no mathematical answer to this. We do our best to evaluate the case prior to the hearing and determine whether dismissal is the best option. I have done many cases where we have rejected an offer of dismissal. I am always thankful for the offer and explain why we must decline, and I do not recall any instance where that caused the judge or DHS to be prejudiced towards our case. Take care, Jason
Thanks for your observation. It’s really enlightening and beneficial
I always assume people in the worst kind of way unfortunately because of my life experience. I have to prepare for the worst. If I prepared enough to withstand for the worst then I believe my plan can handle everything.
Hope for the best and prepare for the worst. That is my philosophy. Take care, Jason
Hi Jason; hope you’re doing well. I was in some unfortunate situation last week(somebody stabbed me in my apt with screwdriver for no reason and she was older than 65; nypd arrested her but out of sudden she claimed I hit her and cops was all Hispanic and they also arrested me and charged me for 2nd degree assault(felony classy D) because she was older than 65(NY law) and they charged her with 1st degree assault(felony classy C) I hired a criminal attorney and paid 6k and my case will be dismissed and DA will move forward with her charges. I just applied for my green card last September(granted asylum on 2022) I wonder to know if my dismissed felony charge will affect my green card application or my naturalization process in the further? If yes is there any way I can avoid it ? Thanks for your help
If the case is dismissed, it should not affect your GC application. However, I think you should inform USCIS once you have the disposition (the final outcome). Sometimes, if an asylee has a criminal issue, USCIS requires a “waiver,” which is another form essentially asking forgiveness for the crime. It is generally easy to get that if you are an asylee, but much more difficult once you have the GC. If the case is dismissed, it should not be needed, but I still think you will need to inform USCIS. Otherwise, they may accuse you of hiding the issue. If you think there will be a result other than dismissal, you need to have a lawyer who is familiar with criminal and immigration issues to guide you. Some crimes have very severe immigration consequences, and you need to know about that before agreeing to any plea agreement. Take care, Jason
Hello sir, i applied foia for my a file and got results of my i-589 file and work permit i-765 file. In i-765 its says an section risks and fraud but nothing is written. Its says exemption b (7) (E). Also foia has also applied b(7) (E) . I already have ead for 1 year. I dont know whats that. Could you please tell thanks
Sorry, I do not know what this is. Since you have the EAD, it sounds like everything is fine, but if you are worried, maybe show it to a lawyer to see if they can review it thoroughly. Take care, Jason
Hello Jason and All,
I have applied for my GC on May 2023. I haven’t got any updates other than fingerprints applied to my case last week (1 year) after submitting my application. I inquired with the USCIS and they confirmed my case is processing at NBC. Does that mean my case still needs time since its not at a local FO yet? or it may still get approved anytime now at NBC?
We see GC applications based on asylum take 1 or 2 years in most cases, so I think you are still well within the normal range. If you wanted to try to expedite, I wrote about that on January 29, 2020, but if you do not (or cannot) expedite, I would expect a decision in the relatively near future. Take care, Jason
Hello Jason,
I have applied for my RTD with my spouse. My RTD got approved and I received it while my spouse application is still pending. Shouldn’t they get approved together?
Best,
It is very common that family members apply together and get the decisions at different times, so there is nothing unusual about this situation. As long as your spouse has the receipt, the RTD should arrive (hopefully soon). Take care, Jason
Hello A RTD.
Good news for you. My RTD application is still pending since 1year. Did you get the approval letter and what is now RTD validity. Thank you.
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
Do you think your perspective is skewed because you are a professional and, I assume, take on trustworthy clients or those without issues that would require “fishing expeditions” to turn up and do not interact with pro se clients or those with unprepared, or bad faith/malicious attorneys? The bulk of office work is probably cases not really those similar to those Jason Dzubow takes on.
Not that you don’t have good points, but I think you may need to consider addressing issues created by less good faith actors than yourself for an office…
I have discussed issues such as fraud before, but in terms of the “fishing expeditions,” the issue for me is when the AOs ask lots of questions that are clearly leading no where, but wasting lots of time. If they have some reason to suspect a problem, then ask the questions, but if not, then they should stop looking for things that are not there. Take care, Jason
Hey dear Jason!
I was wondering will the complaint filed through online portal of the DHS Office of Inspector General have effect in terms of speeding up getting asylum interview or decisions after the interview?
Thanks in advance
I do not think the inspector general has anything to do with issuing a decision. I think they just investigate wrongdoing in the agency. I did a post about ideas to get a decision after the interview – on June 2, 2021 and maybe that would give you some ideas. Take care, Jason
I think I just want some opinions regarding a situation:
I have been saying that I got fired on day 1 of my new job. But in the past, I also had jobs that treated me differently because I am an asylum seeker.
A lot of times, I feel that, my withholding of my immigration status during the interview stage and only reveal in I-9 process (after I received the offer and started the job) give employer the impression that I tricked them…I am concerned that this is a very bad way to start a new job…
But on the other hand, if I reveal me being an asylum seeker, nobody will hire me…
So the best that I can do is have employers begrudgingly onboard me and some always try to get rid of me since Day 1, because me not disclosing I am an asylum seeker (AND they don’t like asylum seekers or non-citizens in general).
Has anybody encountered similar situations ? could I do better than this ? Does it have to be this way ? Like I really want to have a job that start earnestly. but because I only reveal my asylum seeker status on I-9 Day1, I almost always start a job with employers trying to get rid of me soon…
Hi, I am working in a big corporation -Work from home since pandemic, in recent a hybrid schedule. Honestly , I never have encountered such issues since then. btw, I renewed my EAD on time, fortunately got before expirations; Some non multi-cultured Firms, so called, anti does unfortunately! I m not so sure, how to tackle, damn, but, if I were you , I could use some emotional intelligent tools to resolve, but you should have a deep understanding and need so much in practices on it. This is stress free land with massive opportunities.
Did you say anything at all when you present your EAD for I-9 ?
I mean, when I present my EAD, it shows C8, anyone with Google can figure that out…So I figure, why just not say that.
But sometimes, I feel that, whenever I mention things like “asylum” or “immigration” or “employment authorization” it creates a scare of instability…and it may scare employers…so maybe I should not “remind” employers of that ???
But there is no good way I feel. I have state laws that mayyyy be able to give me compensations. But from a federal law, (most) immigration status is not protected….
Hello Jason and all,
I applied for Green card in April 2023, one year of asylum approval.
Today status changed to Request for Initial Evidence Was Sent.
What that status mean? please comment if somebody get the same status online?
Thank you.
Jimmy
You should get a letter soon requesting additional evidence. If you did not send the medical exam with the application, it could be that, but you will need to wait for the letter to know. Take care, Jason
Hello Jason,
I’ve been waiting for my asylum interview for 10 years and have finally received a notice for an interview in 3 weeks. Since then, I have moved to another state, and it is challenging to find a new lawyer who can review my case in such a short period. I’ve called a few offices, and it seems there is a 1-month delay before they can even look at my case. Additionally, there will likely be more time needed for them to review it and work with me to prepare.
I would like to ask USCIS to reschedule my interview and have a few questions:
1. How likely is it that USCIS will grant additional time so that my new lawyer can review the case?
2. How much additional time can USCIS provide for me to prepare? I just don’t want them to reschedule interview in 10 years.
Thank you!
1 – I think they are likely to reschedule if you email them and tell them that you need more time to find a lawyer. You can find their email if you follow the link under Resources called Asylum Office Locator. The problem is that they are only likely to postpone the interview for a few weeks, and so you will need to act fast and have some luck with the lawyer. The problem is that lawyers are all too busy and it may not be possible to find someone. I did a post on September 8, 2016 about what to expect at the interview and maybe that would help in case you can’t find a lawyer. 2 – Usually, they only give you a few weeks, but if you say that you need time to find a lawyer, hopefully they can give you a couple months. Rescheduled interviews get the highest priority for an interview, and so you should not have a very long delay if you reschedule. Take care, Jason
Good afternoon,
I am an Asylee. After getting the approval, I moved to another state. I mailed change of address AR-11 form to the address mentioned in the USCIS website seven months ago. Today I called the USCIS and the agent told me that in their system my address wasn’t changed (Still the same old address). The agent said as I am not pending decision applicant ( Because I am an Asylee) meaning that my case was closed and I am approved, so no need to send change of address. The only thing I need to do is when I fill the adjustment of status (I-485 form) I put my current address, is she correct?
Please, advise.
Thanks,
You are supposed to change the address, but I am not sure that they actually care. You can file that online if you have a USCIS account. As long as you keep evidence about the change of address, to show that you made the change, you should be fine. Take care, Jason
Hi Jason. Someone told me that the interview process for LGBTQ asylees is different. For instance, there guidelines on how to conduct the interview and determine credible fear. Why do you know about this?
Second, my lawyers had update the forms because it been 6 years and many changes needed such as new address and schools. However, he said he will submit them the day of the interview, is it a good thing to do? I know they are a good firm and they are very aware of the process but I wanted to ask you.
Third, what advise would you give to a gay for their next interview? I mean what to expect and what asylum officers are expecting?
Thanks so much.
The process is the same for LGBT cases and other cases, though there are some specific guidelines for being sensitive to issues that come up in such cases. We usually submit the changes on the day of the interview, as the officer will use that information to update the form you previously filed during the interview. I wrote about this on July 6, 2022. In terms of advice, it varies by case, but certainly you need evidence to demonstrate that you are gay: letters from people who know you, photos at LGBT events, letters from organizations. You also need country condition evidence showing that it is dangerous for gay people in your country. Otherwise, the evidence needed depends on the facts of the case. LGBT cases tend to be pretty strong, but you need gather all the relevant evidence and address any outstanding issues (which hopefully, the lawyer can assist with). Take care, Jason
“letters from people who know you, photos at LGBT events, letters from organizations. You also need country condition evidence showing that it is dangerous for gay people in your country. Otherwise, the evidence needed depends on the facts of the case. ”
Are these things really needed ? the people who know you, photo at LGBT events, letter from organizations ? What do these do ? prove the applicant is gay ? I say this because not only it adds extra cost and time to obtain these materials, but also some people prefer to remain in the closet. They may not want to have their identity exposed to a third party (or the fact they are applying for asylum…). If I don’t have those, but I can nevertheless, conclusively prove that, I am part of the particular social group of LGBT…are those things needed at all ?
I always thought the facts about harm and fear and country condition is more of a focus but, “people who know you, photo at LGBT events, letter from organizations” seem to be a little extraneous and to me seem to only serve the purpose of proving that the applicant is LGBT. Not that I don’t think that’s not useful to anyone. But to some people (me included), they can conclusively prove that they are LGBT. and they have difficulty in logistics obtaining those materials…in those situations, after balancing the cost/time and added benefit of these evidence…are these evidence really necessary ?
You have to prove your claim, and to do that, you need to gather evidence. You will have to balance that with your desire for privacy, but without evidence, it is difficult to win a case. Take care, Jason
I agree.
Would you like to help me understand tho.
How do “letters from people who know you, photos at LGBT events, letters from organizations.” help ? They are trying to prove something, what do you usually do using these pieces in immigration court, in your experience ?
From my perspective, they are most useful for proving that an applicant is LGBT. But I have other ways to conclusively prove that I am LGBT…So…do I, individually need to spend time and money for these materials ?
I guess, I want to say, privacy is actually not as important as you’d think in my situation. I’d love to include any evidence that could help me. So if I financially, logistically can afford those evidence, I will try to get them. But, I am not doing very well financially and logistically. So I am wondering what you usually use these materials for (other than proving the applicant is LGBT) …it could really help me in understand so I have more clear information to balance.
I guess so specifically, do you think there are added benefits that I didn’t see from these materials ? (other than proving the applicant is LGBT)…I am well aware of the negative/difficulty of (getting) these information. But I guess I just want to have a clear picture, fuller scope of the added benefits of “letters from people who know you, photos at LGBT events, letters from organizations.” Sorry for the word salads, just trying to be precise.
You will have to decide how to balance your privacy with obtaining the evidence you need. Maybe a lawyer can assist with that, as evidence is very case specific. On another note, I have asked you to limit your comments, as they are becoming a distraction. I will be taking down comments that I feel are not on point or useful, and I would strongly appreciate if you would limit yourself so I do not have to do this. It is a question of being respectful to me and to others here. While I want you to express yourself and I do appreciate many of your comments, it is simply too much and needs to be limited by you (preferably) or me. Thank you, Jason
Hi Jason. So, if we exclude the time that AO spends on correcting I-589, explaining rules, explaining how to get the decision, and remove irrelevant questions about school, work, etc., how long the Actual interview lasts?
It is very variable, but I think if they could focus in on the actual issues, they could complete the interview very fast. Sometimes, court cases take only 5 minutes, if it is a strong case. And even a long court case usually takes less than 4 or 5 hours, including issuing the oral decision (and a case taking this long is very rare). Compare that with asylum office cases, which almost always take 2 or 3 hours, and which usually takes 5 or 6 hours (or more). I would love to see some data, but my guess is that a court case probably averages less than 3 hours (including the decision) and an asylum office case averages closer to 5 hours (not including the decision). Take care, Jason
You believe 72% is a high approval rate ?
If a case itself is a borderline case (as in, it may have 50% of win), does IJ’s approval rate helps at all ? Just curious…
The facts of the case are very important, but a judge with a high approval rate can make a difference. A 72% rate is much higher than average, and so that is a positive sign. Take care, Jason
Sounds good. Guess I will take it when expert expresses optimism 😛
Hi Jason, I Filed Mandamus couple months ago. New York AO scheduled the interview a year from now but the hearing hasn’t happened yet. Would the judge be able to expedite the date or should I settle for the date AO gave me? I’ve been waiting for almost 9 years.
Thank you for your help,
Denis
I guess you can ask for a sooner date, but my understanding is that they do not have the capacity to schedule cases sooner, and so they put mandamus cases in a queue, and I guess it is taking about a year. Anyway, you can always ask for a sooner date, especially if you have a strong reason. The worst that happens is that they say no. Take care, Jason
Hi Jason,
Hope all is well,
Appreciate you for your help by answering.
Finally IC call me for master hearing which I am waiting for almost 3 years. It is in July 2025.Now I have some questions about upcoming Master hearing.
1.Some people say it will be finally hearing although it is call for master hearing. Is it true? If not how long more time will take for individual hearing once master hearing done.
2.The judge approval rate is 72 %
So what do you think about my chances for approval? I know it depends on how strong your case is
3. What should I start for my upcoming Master hearing from now?
I look forward your reply.
With best regards
Jhampa
1 – It is not the final hearing. At the Master Hearing, you need to state whether the info on your Notice to Appear is true and what relief you will be seeking (such as asylum). It takes about 2 or 3 minutes and then they should schedule you for a final hearing on another date. The timing varies from one judge to another, but it is usually 6 months to 2 years. If you want to move things faster, you can do the Master Hearing in writing or ask to expedite. I wrote about that on April 20, 2017. 2 – That is a pretty high approval rate, so it is good. 3 – I am not sure what this means, sorry. Take care, Jason