In contrast to the Republican Platform, the Democratic Party Platform specifically discusses asylum, though mostly in the context of securing the border. While the Platform is fairly general and was created when Joe Biden was still the presumptive nominee, I would not expect major changes if Kamala Harris is elected president. Aside from future aspirations, the Platform discusses the Biden Administration’s accomplishments, though again, mostly related to border security. Here, we will look at the Biden Administration’s claimed accomplishments, as well as the party’s future plans.
In terms of accomplishments, the Platform notes that President Biden “worked across the aisle and negotiated a bipartisan deal that included the toughest and fairest set of reforms to secure the border in decades.” “It would have made our country safer and made our border more secure, while treating people fairly and humanely and expanding legal immigration, consistent with our values as a nation.” While the virtues of the bi-partisan bill may be debatable, its fate was not: “Congress failed to act [on the bill] because Republicans, led by Donald Trump, would rather play politics than solve problems.” In other words, Republicans wanted to run on President Biden’s (supposedly) weak border record and passing the bill would have undercut that narrative.
Given the failure of the bi-partisan bill, the Platform explains that President Biden took “decisive action to secure our border through executive actions that have significantly restricted eligibility for asylum at the
border and created innovative legal pathways to the U.S. that, when coupled with strong enforcement, have decreased illegal border crossings.” Republicans have derided all this as too little, too late, and even the Platform notes that the new policies only fully went into effect in June 2024. Since then, however, “the number of unlawful crossings has fallen by 40 percent, demonstrating that the policy works.” I suppose one month of data is not nothing, but it hardly demonstrates that the new policies are working.
In a new term, the Democrats would “push Congress to pass legislation [to] secure the border, reform the asylum system, expand legal immigration; and keep families together by supporting a pathway for long-term undocumented individuals, improving the work authorization process, and securing the future of
the DACA program.”
In terms of asylum, the Platform states that “Congress must pass legislation to reform our asylum system modeled after the bipartisan Senate deal so that we can quickly identify and provide protection to those who are fleeing persecution and ensure it is not used as an alternative to legal immigration by others.” Again, though, the focus seems to be the border: “Democrats believe that asylum processing should be efficient and fair, and that those who are determined not to have a legal basis to remain should be quickly removed.” “In order to achieve this,” the Platform opines, “we need Congress to strengthen requirements for valid asylum claims.” What does this mean? Of course, I do not know, but it sounds like they want to make it more difficult to win asylum.
The Platform calls for more funding for the asylum system, which makes sense given that there are not enough resources to keep up with demand: “Congress must also finally fund a sufficient number of asylum officers and immigration judges to facilitate timely decisions.” The bipartisan bill “would have provided an additional 1,500 Customs and Border Protection personnel and 4,300 asylum officers,” and presumably this is what a Harris Administration would push for.
The Platform also calls for additional executive power to “expel migrants who are crossing unlawfully and stop processing asylum claims” when the border gets too busy. There would be exceptions for “those using a safe and orderly process at Ports of Entry,” such as CBP-One, and for “vulnerable populations” such as “unaccompanied children and victims of trafficking.”
The Platform contains a few unmitigated (or mostly unmitigated) positives. For one, “asylum seekers—especially the most vulnerable, including unaccompanied children—should have access to legal counsel.” Does this mean that the government will provide such applicants with attorneys? Maybe. Also, “Individuals who pass this strengthened initial screening and are determined to be likely to qualify for asylum should be given quick access to work authorization while they go through a streamlined court process.” This sounds like the wait time for a work permit–which is currently more than six months–will be reduced, which is good news. On the other hand, it also refers to a “strengthened initial screening,” which telegraphs a desire to make credible fear interviews (initial evaluations of asylum eligibility) more difficult, and a “streamlined court process,” which may make it more difficult to win asylum. OK, so forget what I said about the unmitigated part, but these are still positives.
Finally, I should say that the Democratic Platform is much less hostile towards immigrants and asylum seekers than the Republican Platform, which mischaracterizes non-citizens as a threat without acknowledging their contributions to our country or our nation’s humanitarian and moral obligations. The question about which party will be better for asylum seekers (and for democracy) is clear, and while the Democrats are far from perfect, they are much better than the alternative.
Hi Jason,
Could you let me know if I’m eligible to invite my mother to visit me? I have had a pending asylum application since 2018. I previously attempted to obtain a travel document to visit her in a third country but was unsuccessful. Now, my only option is to invite her to the US. Is this possible, or would someone else need to send the invitation? If someone else were to invite her, do you think my pending asylum application would affect her visa application? Please advise.
She has to apply for a visa on her own. Your invitation is probably not all that important. More important is evidence that she will return to her country after her visit. The fact that you filed for asylum may make the embassy less likely to issue her a visa if they think that she will also seek asylum, so she should have evidence of her connections to her country: family members, property, job, etc. You can also send her an invitation letter or anyone else who knows her can do that. Take care, Jason
Dear Jason, thank you for assisting us with this process.
I have read that eligibility for asylum may be affected by the one-year filing deadline for Form I-589, Application for Asylum and for Withholding of Removal. This deadline is generally calculated from the date of one’s last arrival in the U.S.
I am currently an international student with a valid F1 visa. I entered the U.S. 14 months ago. Given that I am beyond the one-year deadline, I am concerned about my eligibility for affirmative asylum.
Could you please advise on whether I can still apply for asylum, and if so, what exceptions or considerations might apply to my case?
Thank you for your guidance.
If you are still a full time student in lawful status, you meet an exception to the one-year rule. If you plan to file for asylum, it is best to do that as soon as possible, and if you go out of status, you would need to file immediately in order to ensure that your application is timely. I wrote more about the one year bar on January 18, 2018, but if you file late and do not meet an exception to the rule, you would be ineligible for asylum, and so it is important to be careful about getting the application filed before your student status ends. Take care, Jason
Hello Jason. I hope you’re doing well! As for the Arlington office, from your perspective – accordind to USCIS resources they put into old cases interviews – how long would it take for them to get to 2018 cases?
It is unpredictable. Supposedly, they are interviewing old cases and we are getting some interviews for people from 2015. We also once in a while get an interview for a random person who is not new (under LIFO) or old (from 2015). In general, though, I would not expect an interview for a 2018 case anytime soon, and if you want to get an interview, your best best is to try to expedite. I wrote about that on March 23, 2022. Take care, Jason
Sir hello hope you doing well and please continue the good work of helping us immigrants. My brother is an asylum seeker. He has his case with uscis. He has work permit. Hes waiting for his interview since 2022. When can he expect his interview. The immigration office is Newark new jersey. Also he has some issues. He was falsely accused of a felony but hes bailed out and has to fight his case. Its pending. Can this effect his work permit renewal which will happen in 2 months. Plus will this affect his overall case while winning asylum
The NJ office is slow, like all the offices, and I would not expect an interview any time soon. He can try to expedite – I wrote about that on March 23, 2022. Before he tries that, he should resolve the criminal issue, as that definitely could affect his asylum case if he is convicted. He needs to have a criminal lawyer who is also familiar with the immigration consequences of criminal convictions (or needs to hire a separate immigration attorney to assist with that). Depending on the conviction, he could become ineligible for a work permit, so he would need to be careful about that as well. Take care, Jason
Do pending charges also affect ead renewal for asylum seekers .i have a work permit based on pending asylum . But i lived with my partner. I was accused for domestic violence and charged with felony. I have a court date but it could take time for resolving case and getting guilty or non guilty conviction. Do pending charges bar asylum work permit. I know aggravated felony does but do pending cases affect it or no its after conviction.
I do not remember exactly how the question is worded on the I-765, but I think it is pretty broad. If so, you may be required to inform USCIS about the arrest and they may delay a decision until the criminal case is resolved, and then require you to send them the disposition (final outcome). A charge with no conviction would not block you, but my concern is that you will have to report the arrest, which will cause a delay. Certainly, your criminal lawyer should be made aware of your immigration status, as a criminal conviction can have a negative effect on your eligibility for asylum or other relief. Take care, Jason
Hi Jason, could you please share the format you use for correction and update info on the I-589 form? If you have dont mind and have in on here ofcourse.
I posted a link to the format in a posting dated July 6, 2022. That is just how I do it; there is no official format. Take care, Jason
Hi, Jason
Thanks a lot for always so helpful.
Since old cases are beings interviewed, I need to know the affidavit you need to support your case from friends, family and co workers, when should we get the affidavit , should we get when we receive the interview date or have it ready before hand. Also what date it should be showing. Current date or the date when the case was filled or the persecution happened. Kindly help me answering this or refer me any post u have written in past regarding affidavits .
The asylum office does not give enough time between the date they notify you about the interview and the date of the interview itself, and so it is better to get all the evidence now. If you wait for the interview notice, you will not have time to get letters from people before the interview. The letter writers can date their letters whenever they write them. I wrote more about what makes a good letter in a post dated August 16, 2012. Take care, Jason
Hello Jason,
DHS appealed the judge’s approval for asylum on my case, in your experience how likely will BIA still granted me asylum?
Thank you
It completely depends on the reasons for the case and the judge’s decision. DHS tends to appeal only if they think they have a decent chance to win, but that is not always the case. We have seen a few appeals from DHS over the years, and at least for the one I remember best, we won. Hopefully, you have a lawyer to help you and that person should be able to evaluate the strength of DHS’s appeal. Take care, Jason
Thank you!
Does the BIA at least tend to process DHS appeals? Or it doesn’t matter ?
If you mean, do they do DHS appeals faster than appeals filed by the non-citizens? I doubt it. The time frame for appeals is very variable – anywhere from a few months to 3 or 4 years. Take care, Jason
Hello Mr. Jason,
I came with my wife and 2 kids. I am asylum seeker since Nov 2016. In January Triumph changed it from FIFO to LIFO. Because of LIFO, we never got interview, I don’t when I am going to get my asylum interview.
I live in Fullerton, California and Ms. Michelle Park Steel is CongressWomen.
Should I contact with her ? Do you think, she can help me out ?
I really appreciate Mr. Jason for your help.
Best regards
@RAJ,
I filed in 2015 and i am still waiting. I live 45 minutes away from you. I am assuming that you filed in LA. If you did, just know that LA asylum office is one of the mot backlogged in the nation. You may think about filing a mandamus lawsuit. The cheapest i have found is $4500. Your congresswoman will not help, but you can go ahead and try her office.
Thanks for the reply!
I heard about mandamus lawsuit. If feel, if I sue then, may be that affect my case. I don’t feel comfortable.
In my experience, filing a mandamus does not make the asylum office more likely to deny a case. I can see why you would be hesitant about that, but if you want to do it, I would not be deterred by the fear that the lawsuit will cause the asylum office to deny the case. Take care, Jason
I don’t have any tickets or anything wrong on my record. I paid taxes on time from last 7 years. I’ll send them an email to expedite the case and I’ll try to contact congresswoman.
Actually my daughter she is in 11th grade now. After 12th grade, she will go the college. She needs green card for her higher education. That’s the only reason, I woke up now.
I have few more questions. Can we schedule an appointment and we can discuss over the phone.
Thank You Mr. Jason.
If you need a consultation, you can email me at jdzubow@dzubowlaw.com. Thank you, Jason
There are different ways to try to expedite – you can try the Congress person. I wrote about the most common way (an email request directly to the asylum office) in a post dated March 23, 2022. Take care, Jason
Thank You Mr. Jason,
I will send them an email first, After that I’ll try to reach out with Congresswomen.
Hi Jason. I have interview coming and my previous lawyer made a few mistakes in the 1-589 application. First he forgot to list one my first entry in this country (visit). Second, some of my employment dates when I was back home are not accurate, what should I do? Can I update the form and inform the officer or should I do t at the interview? I am afraid this will make me not credible. do you think this will impact my case? Thank you.
I doubt these issues will be a big problem, especially if you inform the officer when you get to the interview (before you are asked). At the beginning of the interview, they go over the form with you and you can make corrections and updates. You can bring the corrections in writing and give them to the officer when you get to the interview. I wrote more about this, including the format we use for corrections and updates on July 6, 2022. Take care, Jason
For an illegal immigrant who applied for asylum and gets an interview and gets denied and referred to Immigration court in New York around how many months does the judge schedule the master hearing? I mean on average just a very rough estimate I know it varies a lot but. Also from the master hearing to the individual final hearing in immigration court in New York how many months does it take in general again in know it varies but what Don you usually see today . Thank you
I do not know, as I do very few cases in NY. For most courts where I practice, it is usually a few months. Take care, Jason
Isnthisnfew months time from master to inal hearing Jason ? Taka care
I am not sure I understand the question, but the wait time between the Master Hearing and the final hearing varies by judge. In my area, it is generally 4 months to a year. Some judges may be slower, but we rarely see a time frame of longer than a year. Take care, Jason
“Following” for more information from NY cases , im in the same boat as you Pedro , after the interview 2weeks later received decision and i was refered to the court (i didnt receive court date for master hearing) but i was able to check via A- number and find out my master hearing was scheduled late octomber this year, good luck
The NY asylum office has one of the lowest approval rates and the NY court has one of the best, and so certainly you should not give up hope, as you should still have a decent chance for success in court. Take care, Jason
When did you apply my friend
Thanks Jason,
Pedro i applied in Feb 2016 and waited for almost 8years until i fiiled Mandamus and within 11 month were able to schedule interview with USCIS.
Hi Jason
As we know the system for scheduling asylum interviews was FIFO until trump changed it to Lifo in 2017 to prevent fraudulent asylum applications to get work permits. I am hearing that Kamala Harris has a plan tonchange it back to FIFO if and when she wins the election in November. Have you heard anything about that Don you think it is probable?
following
@Pedro, may I ask what source have you heard that from
A friend who is working for the Kama Harris campaign
I have not heard about that, but a few months ago, the asylum office created a second track to the interview oldest cases. Some old cases are now being interviewed. I wrote about that on June 26, 2024. Take care, Jason
Happy Friday everyone!
Jason could you please advise if you can what should I put to the class of admission, I’m an Asylee with pending Adjustment of status applying for refugee travel document by myself. Should I put the type of visa when I entered the US, or just type Asylee? Appreciate your help
I think we put “asylee” in that situation, but I am not sure it matters as long as you give them copies of your asylum approval and your original entry (I-94, passport, US Visa) if you have that, or if you entered without inspection, just make sure that is included somewhere in the application. Take care, Jason
I come from a two party consent state…
where recording can only be legal if all parties consent. I may or may not have some recording that help my asylum application…But I am worried that, if I present this evidence, if I have them, in the immigration court and I will be prosecuted for illegal recording……
That seems unlikely, but it would not hurt to talk with a lawyer about that evidence in order to avoid any issues. Take care, Jason
Hi Jason,
Sorry to use the comment section for this, but I couldn’t find any answer when I was searching the internet. I have TPS and traveled using my travel document (i512T) while my employment adjustment of status was pending, is it considered abandoned or am I good? I also have a pending asylum case that been pending since 2017 is it considered abandoned or am I good.
Thank you in advance!
Ahmed
I assume you have Advance Parole, which is a piece of paper with your photo on it, and which you use to re-enter the US (technically, it is a re-entry document, since it is used to enter the US, but it is not accepted as a passport by other countries). If so, the whole purpose of AP is to allow you to leave the US and return while continuing in the status you had before you left. And so leaving the US and returning while the document is valid would have no effect on a pending application for a green card or for asylum. Take care, Jason
Good morning sir, i have a a pending renewal application for ead based on pending asylum with uscis. My asylum case is in texas asylum office and in houston im getting my ead and that’s the address i gave on i-765 but now i moved i dont know if its temporary or permanent. To new york. Can i ask uscis to send my ead to new york address. How do i do it ? Do i change my address with uscis ? By a paper form i mail to them or by online. Do o also need to inform asylum office ? Alternatively can i just call usics withiut changing address to send my i/765 to new york address thanks
As far as I know, the only way to get them to send the new EAD to a different address is to file a change of address. The best way is through your USCIS online account, if you have one. You can also use form AR-11. I would make the change for all pending cases with USCIS (asylum and EAD). Alternatively, if you still have the address in TX, you can keep that the same and USCIS will send the EAD there, and then someone who is there can mail it to you. Note that the post office will usually not forward mail from USCIS, and so changing your address with the post office alone is not enough. Take care, Jason
I only have a story to tell. But I don’t have any other individualized evidence regarding harm and/or fear. I don’t have like recording or written admission of persecutors admitting they harm me for a protected reasons…
In immigration court, I can only say what I experienced, it’s just my words…But I am very worried that IJ won’t believe me…because I really cannot produce anything else regarding the harm and fear…when I was experiencing harm, I couldn’t videotape or record it obviously…and later, I didn’t have the foresight to document things…
In addition, it’s been so long for my asylum application, I almost forget those experiences and details…I think it’s because how brain works, they tend to forget unpleasant experiences. So I am also worried my testimony itself will suffer… I imagine a lot of my answers to the IJ will be “I am not sure”, “I cannot remember” “I don’t know”…will IJ…punish me for my forgetfulness ?
So given all these, am I in a very bad position to start my removal proceedings ?
You need to spend time putting your case together and remembering what happened, and then gathering what evidence you can get – letters from people who know about you from when you were in your country or from now, country condition evidence, etc. You have to prove your case, and that often takes work, but if you put in the time, the case will be stronger. Take care, Jason
Jason, thank you for your response to “Testimony and Evidence.” I’d like to add a few points that I believe are important to mention.
I do agree that it’s crucial for the applicant to prove their case; a more direct way to express this point is that the applicant must demonstrate they belong to a protected group and that this group is persecuted in their home country, whether by the government or by private actors whom the government cannot or will not control. If the applicant’s fear is both objective and subjective—meaning the fear is reasonable based on the adjudicator’s assessment, and the applicant genuinely believes they would be harmed if returned to their country of origin—then the applicant only needs to establish that they are indeed a member of the persecuted group. By doing so, the applicant would have established a well-founded fear of persecution.
While evidence of past persecution, which is the individualized harm the OP mentioned, can strengthen a case, I don’t believe the majority of successful asylum cases hinge on proving past persecution. The applicant does not need to prove past/future persecution by providing recordings or written admission of guilt from the persecutors. Instead, the focus should be on demonstrating that the applicant belongs to a distinct, recognizable, protected group under asylum laws and that this group is being persecuted in their country of origin (COP). In most cases, unless the country has limited or no relationship with the U.S. government or restricts media access, the U.S. government is likely already aware of the country conditions. In rare situations where information is scarce or unknown to the U.S. government, the applicant would need to rely on expert witnesses, letters from friends and family, doctors, psychologists, professors, news reporting, etc., to corroborate their claims.
Regarding the issue of repressing or forgetting traumatic experiences, the applicant cannot simply say they forgot what happened. It is essential that they can recall, with consistency and detail, the events that occurred in their COP. USCIS or the judge is unlikely to accept memory lapses without further support. Therefore, if the applicant struggles to recall specific events, they should provide a psychological evaluation that attests to their inability to remember certain traumatic events or details.
Thank you. I do feel that the asylum office and (to a lesser degree) the immigration court mistake memory tests for credibility tests. The idea that remembering a story, writing it down, and repeating it at the interview demonstrates credibility is a little fr fetched. Unfortunately, that is largely how they determine credibility and so it is a good idea to review your affidavit before the interview and practice your testimony, to make sure it is consistent with the written statement, and also to be careful when preparing the written statement, so that it is consistent with all other elements of the case. Take care, Jason
There could very well be that people, because of trauma, memory is lost due to harm…and they suffered past harm and have a well founded fear…but because he can’t remember…he could be denied asylum an deported…
Hello,
Asylee green card holder.
1.can I apply reentry permit and refugee Travel Document at the same time.
3.I know reentry permit is not aimed to replace the passport,Can using reentry permit as passport such stamping visas in it be a violation of immigration rules? Or the US doesn’t care as other countries where I intend to visit accept it.
I am asking that as I currently have reentry permit and want to Travel abroad urgently, I m.applying for visa
1 – I have never done that, but I do not see any reason why USCIS would reject one application because you filed the other. Whether one would somehow interfere with the other, I do not know. 3 – I do not know what countries will accept the Re-Entry Permit, but if they do, that should be no problem from the US side. If you have the Re-Entry Permit, or even just the green card, you can travel overseas and return to the US with either document, as long as the Permit is valid and if you use the green card, your travel should be less than 6 months. There are some possible issues with using your passport, though many asylees do that. I wrote about these issues on May 25, 2022. Take care, Jason
Hello Jason
My initial EAD application was declined twice. They say my asylum clock has not reached 150 days. In fact there has been more than 150 days since they accepted i589. The only thing was delay with the biometrics beyond my fault. I attended biometrics three months after the asylum application was accepted. How can I check the asylum clock and what should I do if the initial EAD application was refused twice? Thank you
This depends on whether the case is at the asylum office or court. It sounds like this is at the asylum office, and if so, you may want to email them directly to ask about the clock. You can find their email if you follow the link under Resources called Asylum Office Locator. Some officers also have walk-in hours where you can go and ask. The asylum clock is a mess, though it has improved over time, and it can be difficult to start once it has stopped. Good luck, Jason
Hi Jason. I am Asylee and GC holder. after some time me and my family will file Neutalization Application N-400. My wife not know english. She read and speak Urdu/Hindi only. So how she should manage the interview situation?
Unless she can show (with medical evidence) that she has a disability, she has to do the application in English, and if she cannot she will be denied. Once she has a GC for a longer period of time, she may be eligible to skip the English test. The N-400 form explains this and I never remember, but I think you have to be over 55 and have 20 years with a green card or over 60 and have 15 years with a GC (it is something like that, but you can find it on the N-400 instructions). Take care, Jason
Hello Jason!
I really appreciate the time you spend here responding to our questions! God bless you!
The IJ granted me asylum but I am worried because in the decision! It states that DHS does not find me credible! My question is, how likely does DHS appeal the IJ decision? Thank you
It is strange for a judge to find a person not credible but still grant asylum. Obviously, it can happen, but that is very rare. DHS usually does not appeal, but if they think the decision is not correct or that they can win on appeal, they might. They must file the appeal within 30 days of the date of the decision, and if not, the time to appeal is over and the case is done. There is not much you can do except wait for the 30 days to pass and hope that there is no appeal. Good luck, Jason
Thank you!
I should’ve mentioned that the judge found me credible but the prosecutor filed the brief stating that I was not credible!
In that case, unless DHS feels very strongly about the case or they really think they can win, the probably will not appeal, as they usually do not have the resources for that. Take care, Jason
I wonder has DHS ever appealed a favorable decision to your client ?
And were your office typically able to defeat that appeal, if DHS did appeal for some of cases ?
I can think of at least one, but that was years ago and we won. I am not sure why they even bothered to appeal that case, as we had won the sister’s case, which was basically they same, and they did not appeal the sister. Such appeals are rare, but they do happen. Take care, Jason
Hi Jason,
I have a friend whose asylum EAD expired sometimes last year. They are currently using a EB based EAD that expires in December as they wait for their AOS case to be determined.. Since USCIS is not approving EB green cards with pending asylum, can they renew their asylum EAD? If they can, will they get the 540 extension?
Thanks
They can file to renew the asylum-based EAD. However, since they are filing after the expiration of the prior EAD, they will not get the 540-day extension. If they file now, they should have a decent chance to get the new EAD before December. Also, in terms of AOS, the person should definitely talk to a lawyer about this, as there are different paths to a green card and maybe there is a way to do it. I wrote some about this issue on August 28, 2018 and September 6, 2018, but they would want to talk to a lawyer about specifics. Take care, Jason
Hi Jason! How to explain an illegal arrest during an asylum interview. For instance someone was illegal detain by the police to extract money from that person just because he is gay and was in a vulnerable life and death situation. Please also note the police did not do any finger print or completed a report.
I am guessing that this arrest was in our country and part of your asylum claim and not here in the US. If so, you would get whatever evidence you can – medical reports or photos of scars if you were injured, letters from people who know about it or people who have faced similar problems, evidence of country conditions that show gay people are subject to illegal arrest, and of course, your testimony explaining what happened. You should do your best to get what evidence you can, but we do cases like this frequently, and if you have some of the evidence mentioned and testify consistently, the asylum officer or judge will normally believe you. Take care, Jason
If I apply for asylum when I’m in the US and my family (my parents and my siblings) back in my home country so how much time would it take for my family to come to the US?
Even if you win asylum, you cannot file to bring parents or siblings to the US. If you eventually become a US citizen, you can file for your parents and they can come relatively quickly. Bringing siblings takes many years. Realistically, if they want to come to the US, they will need to find their own way here. Note that if you file for asylum, it may make it more difficult for them to get certain types of visas (such as B or F), since the US embassy will deny those visas if they think the person will seek asylum or otherwise remain in the US for longer than allowed. So if they plan to file for visas, maybe they want to do that before you file for asylum. Take care, Jason
Actually, I made my way out of my home country and came here in the USA on student visa. But my family is stuck in my home country and it’s dangerous for them. I’m willing to apply for religious based asylum. So then how soon my family would come here? My family includes my parents and my siblings. Thank you.
They need to come here on their own – they can apply for US visas and try to come to the US. If you hope to bring them here based on a family petition, you would have to first win asylum, then get a Green Card, then become a citizen, and then file for them. For your parents, that will take at least 6 or 7 years, and probably a lot longer. For your siblings, it could easily be 20 years or more given the long wait times for siblings. Take care, Jason
Hi Jason. I am Asylee and GC holder. My son was along me and he also got GC Card. Last year he married from my Home Country and filed i130 in last year August for his wife.One year passed and no movement in case. My Question is that USCIS takes how much time to get to approval by your experience?
You can Google “DOS visa bulletin” and that shows the wait time when a green card holder files for his wife. Some countries are slower than others, but because there is a wait time, USCIS tends not to prioritize the I-130. Even if it were approved quickly, they would still have to wait for a visa to be available before the wife could consular process. You can check processing times at http://www.uscis.gov, but for a case like this, I would expect a decision in the next several months hopefully. 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
Jason, on RTD there is a question about country of asylum. My wife is the main applicant and we are from different countries…should i put her country?
I would put your own country for your form I-131. However, I would circle the question and write “see cover letter.” In the cover letter, I would explain that you are a dependent and that the principal is from a different country. You can also write this in the supplemental part of the form, but just make it obvious so USCIS sees it. Take care, Jason
8 U.S. Code § 1253 says that a person could technically be prosecuted for failure to depart if they have a final order of removal…
But in reality, have you heard of or seen your clients or any of the clients of your friends in the immigration law community actually be charged with this criminal offense ?
Fortunately, I have not had many clients who were subject to that rule. I have heard about people being prosecuted, but I do not know anyone specifically who has been. I think it is used rarely, but it is used, and if Trump returns, I expect it will be used more frequently. Take care, Jason
That’s very great.
I hope trump won’t be elected…not just because of immigration.
At the same time, is it just me… or … somehow I feel that your client base is kind of…high end ? As in, they don’t seem to have a lot of complex issues, tend to be more clean, straightforward cases. I don’t think you purposefully caused that because you said that your office took all legally cognizable cases…But…it really does get me thinking, that do you think your client base is representative of all asylum seekers’ profile nationwide, as a whole, in terms of cases’ strength ? cause from what you describe it gives me the feeling that the client base of your office tends to have stronger cases than national average.
I do not think my clients are particularly high end, but we don’t do a lot of Central American or Mexican cases, which tend to be a high percentage of total asylum cases. And those types of cases are often more difficult to win because they cannot easily show a nexus to a protected ground. Take care, Jason
Hi Jason and comunity,
Recently (July 2024 had inteview at USCIS and i two weeks later received paper and i was refered at the court (removal) , also upon checking with alien number i saw that my Calendar master hearing was schedulet for late Octomber 2024, now my question for you or anyone in NY (federal plaza) know how long it takes from Master hearing to the Individual hearings ? any information will be higly appricated .
Same here , but couple years ago…
Depends on the judge.
Newer judges have less busy IH calendar, so i would say with-in 1.5-2 years…Older judges are booked and busy and it can be 2 or 3….
NYC federal plaza is a mess so be careful….they lose documents, cases, impossible to reach a human being, so i would pay attention to every document you or your lawyer submits and good luck.
Judges are fine…maybe 1-2 tough judges, but overall it’s pretty chill.
Good luck and don’t give up!maybe you can request a quicker hearing if you have a good reason to do so.
Alex thanks for info, emigration system is a mess here in US, late 2015 applied for Asylum and after 8 and a half yeard decided ti file Mandamus and worked out but after 11months only had Interview with USCIS, interview went well but mostly there were New (Yang) officers and i beilive theyre doing poor job, i was told by my attorney that based on his experience i have very good case and most likley will be Granted – but we were wrong ! Now looking forward to deal with IJ and possibley another few years untill Individual hearings.
Good luck!
I filed in 2015 as well…got lucky and wen to the interview in 2020 before covid bs…
Yeah ive had my interview in bethpage…officer wasn’t young, but she asked 0 questions about my case…she literally was dropping some stupid questions like,
“If you are here you have money for your plane ticket from your country, so your life wasn’t that bad…”
Good luck!
The NY asylum office is a mess – I wrote about that on December 6, 2023, and many cases denied by the asylum office there are granted in court. Good luck, Jason
Hi Jason,
I’ve been awaiting my asylum interview since 2018. I’ve been out of status for 4 months before I filed for asylum. Now I’m close to having EB-2 NIW application approved and need to adjust status from the US using INA 245(k) or matter of L-K- based on my conversation with another attorney. He also said if I’m able to get advanced parole in my current pending asylum status and return to the US using it, I’ll have “parolee” status now and the adjustment of status will be a lot easier this way.
Any thoughts on the whole situation? Matter of L-K-? Parolee status after returning with asylum AP? Adjusting status easier this way?
Thank you so very much in advance! You’re the best?
Morteza
My understanding is that you are not eligible for IN A 245(k) if you were out of status for some time before filing for asylum. I have not done such a case, and so that could be wrong – I would try to get the lawyer to be very specific: Has he done an IN A 245(k) case where the person was out of status before filing for asylum? For parole, as I understand, that only works for people who have TPS, so if that is you, maybe that is a good path. Otherwise, I am not sure that it will work, and again, I might try to get more specifics from the lawyer. Finally, if you have to do consular processing, that can be difficult and you would probably want to have Advance Parole so you can return to the US if you try to consular process and it does not work. I wrote more about all this on August 28, 2018 and September 6, 2018, but I would basically try to get from the lawyer exactly how the case will proceed, step by step, from where you are now to having the GC, and I would get it in writing if possible. Take care, Jason
Don’t waste your time and money on adjusting status through EB way. You’re not eligible for that. I’m saying this based on personal experience.
I would just caution that there are different circumstances for different people, and you need to evaluate the specifics of the case. That said, based on what I see here, I think the EB path is unlikely to work. Nevertheless, I also do not know the whole story and maybe if a lawyer evaluates the situation, they will think of an idea (of course, you also have to be careful that the lawyer does not think of an idea to take your money and not accomplish anything! And so caution is always warranted). Take care, Jason
@MORTEZA,
would you be able to give some details about the category of EB-2 NIW application. I am considering to pursue this path as well.
Thank you
sam
I do not know about that, but we usually see a wait time of 6 months to 1 year between the Master and Individual Hearings (in Virginia and Maryland). It varies by judge and court. Take care, Jason
Hi Jason.
I had my interview on May 30th and still haven’t received a decision..
From messages I see from fellow applicant in the same situation, I drew conclusion that there are two tracks for issuance of decision:
1. Quick decision within 2-3 weeks after the interview.
2. 1+ year wait for decision. Typically applicant has to file for Mandamus to get decision.
Since you have many clients, I wanted to check if tracks above correlate to your experience.
I’m wondering if you have clients who received decision in 3-6 months.
That is not my experience. Most of my clients are from countries that need longer background checks, and so we rarely see decisions in 2 weeks. I would say that for our clients, they mostly take more than 3 months and many take a year or more, but it is all over the map. I think it is too soon for you to take action, but I wrote about delayed decisions on June 2, 2021 if you are interested. Take care, Jason
Thank you Jason. I read this article and I’ll follow advice of reaching for help.
I did all the same steps to get my interview after 7.5+ waiting and can’t afford to wait several years again.
I’m pretty sure it’s in supervisor’s hands since I passed security checks(FBI, DOJ) for work several times without any issues or delays.
I highly doubt you would wait that long, but I might give it a couple more months before taking any serious action, as you may get a decision soon in the normal course of events (and of course, summer is slower than other times of year, so that may be a factor). Take care, Jason
One final question I forgot : will the deportation order affect future immigration options or alternatives for that kid ?
If the child is ordered deported, it would affect future options to return here. In your scenario, by the time the child receives a deport order the child will be over 18 and an adult, and so would be barred from returning due to the deportation order (though there would not be a bar based on unlawful presence as discussed in the other comments). I think the bar for being deported is 5 or 10 years, but I do not remember, and it may vary depending on the circumstances. Take care, Jason
Hi Jason
If a 17 year old.person who came to the us with his parents at age 7 and stayed in this country illegally for 10 years applies for asylum before turning 18 and if the case hets baclogged for couple years does the.10 reentry bar clolck stiil work ? I mean if she turns 20 and asylum case still going on at immigration court and if s
he has To leave country is he automatically banned from entering for 10 years or does the asylum application stop the clock until case is finalized
In this scenario, the person does not have any unlawful presence as long as they filed for asylum before their 18th birthday and there would be no bar to returning on that basis. There may be other bars to returning, but that would depend on the circumstances (maybe if the person entered the US illegally or committed a crime or immigration fraud). Take care, Jason
Hello Jason
Firstly I want to take this opportunity to thank you for your valuable work helping the asylum seekers and their community. My question is the following: I know a family of 3 people husband wife and 17 year old son. So they entered this country with visa 3 years ago but didn’t apply for asylum and now all tree are out of status in the US. They will apply for asylum separately with separate cases. Now they know that for parents there will be a 1 year asylum application bar and they will be referred to Immigration court. But for the 17 year old son there is no bar since he instill 17 years old. They want to learn if the application is backlogged and it takes several years for them to be interviewed or referred to immigration court and she turns 18 years old will she again be barred from re-enter the US for 10 years ? Or does the asylum application also stop that clock until all passes of asylum application like courts etc is final ? This is a very important and critical question for them since they cannot afford a lawyer now due to their finances. So could.you please answer this question ? Thanks in advance
If the 17 files for asylum before the 18th birthday, there is no one-year filing bar. I wrote about this on January 18, 2018, but basically, the person meets the “extraordinary circumstances” exception to the one year bar because the person is a minor (under 18 years old). Once asylum is filed, there a person does not accrue unlawful presence. While it sounds like the parents have 1+ years of unlawful presence and would be subject to a bar if they leave the US and want to return, the child is a minor and does not have unlawful presence. And so if the child files for asylum, the clock stops for purposes unlawful presence and – as long as the child files before turning 18 – there should be no bar to returning here if the child leaves. Of course, there may be other issues and so it would be worthwhile to consult with a lawyer if the child plans to leave the US. Finally, if the parents have less than 6 months of unlawful presence, they do not yet have a bar to returning, and if they file for asylum, the “unlawful presence” clock will stop for them too. If they have more than 6 months but less than a year of unlawful presence, they will have a 3 year bar to returning; if they have a year or more of unlawful presence, they have a 10 year bar to return to the US if they leave. Take care, Jason
https://www.youtube.com/shorts/vZ8JENiHSlo, like Kamala Harris is saying she will win election…how does she know ? Because when I am watching this clip, she is saying in a way like she really knows for sure she will win in Nov 2024. like she already knew what would happen then, she looks like she has some evidence that we don’t have…and it doesn’t look at all like a fake, vacuum
or bluffing confidence…And this gets me thinking…
When you evaluate a future thing. How are you going to evaluate ? It’s always bothering my mind. because in immigration court, you have to prove that you have a reasonable chance to be persecuted…But how can a person prove that ? In my opinion, the only way a person can conclusively prove a well-founded fear is to travel into the future, find the clip that he is persecuted, bring that clip back to the present, show it to immigration judge and then the well-founded fear can be proved…but nobody can travel to the future…so how can a well-founded fear…even be provable ?
The most a person (like me, like many average asylum seekers) can come up with is general country condition. But from what I hear, those are generally insufficient. But people like me do in fact face a degree of danger. But obviously I don’t want to risk myself by purposefully creating an individualized scenario where I will be harmed (to gather evidence)…but if I don’t myself get harmed, I don’t have any evidence to show to the immigration judge that I have an objective fear…It’s kind of like a catch 22 situation…
I already filed my asylum application, is there anything I can do to increase my persecution and well-founded fear, so that my asylum case can be strengthened ? If I filed my asylum application already, I am kind of worried that my past harm and fear are kind of…”locked in”, and I can do nothing to improve upon them…
Gather evidence. Prepare a good affidavit. Anticipate problems. There is really not much else to it. Take care, Jason
Can a not so-strong case (as in 50% change of win) be saved by “gather evidence, prepare a good affidavit” ? I always feel that the fundamental facts can alone determine the outcome of an asylum case…
An individual can’t write or research his way to asylum approval…if the fundamentals are already locked in…
I agree anticipate problems could help.
Yes, you can improve your case by getting evidence and gathering country conditions. It is your job (or your lawyer’s job) to present the strongest case possible given the facts of your situation. Take care, Jason
Hi Jason,
Hope all is well.Thanks for your response about my question about my master hearing which is scheduled for July 2025.
I have questions about the approval rate of IJ for master.
1.I check my judge approval rate is 72 % does it matter for master hearing?
2. Will same judge in my individual hearing too?
3 How long will be the time difference between master hearing and individual hearing?
I look forward hearing from you
With regards
Jhampa
1 – Nope. Also, this is a pretty high approval rate compared to most judges, so hopefully you keep this judge. 2 – Usually, but sometimes the case gets re-assigned. 3 – It varies by judge. In my area (Virginia and Maryland), it usually takes 6 to 12 months, though usually it is closer to the 6-month end of that range. However, different judges and locations are different and in some places and with some judges, it could be a few years. Take care, Jason
Appreciate you.
Hi Jason,
Hope you are well. We were recently granted asylum in AO. My husband is the primary applicant and I am a dependent in his case. He is from Venezuela (country where he fears prosecution) and I am from Argentina, we have now applied for RTD both. However, I was wondering if I should have applied for re-entry permit instead of RTD as I can use my passport from my country when traveling abroad. Is it okay to still apply for RTD?
Thank you,
Agustina
You have to apply for the RTD unless you have already received the green card. So it sounds like for now, the RTD is your only option. You can use your passport, but you will need the RTD to re-enter the US. Once you have the GC, you can use that and your passport to travel, or if you prefer, get the Re-Entry Permit, which can be valid for two years and makes it easier to spend longer periods outside the US (you are limited to less than 6 months if you only have the GC itself). Take care, Jason
If an asylum seeker somehow becomes paralyzed…
as in, cannot walk at all, has to be bedridden…and cannot afford healthcare and wheelchair and urine bag, catheter…..will ICE still undergo all the trouble to remove him…? or just exercise humanity and stay his removal ?
It is possible to get deferral of removal if you are ordered deported, and in that situation, it might be available. Take care, Jason
Hi Jason,
My asylum case was dismissed due to approval of my I-130. My question is when traveling what passport can I use with my green card, can I use my previous home country passport or do I need to get I-131.
You can use your passport. However, the fact that your asylum case was closed does not erase the fact that you filed for asylum, and so the US government might ask why you used a passport from a country that wants to persecute you. If you renew the passport, they could also ask why a government that wants to harm you would renew your passport. All this obviously is not relevant if you fear non-government actors, such a as terrorists, and not the home government. I wrote more about this issue on May 25, 2022. You can also get a Re-Entry Permit using form I-131. That is designed to allow you to re-enter the US and is not really designed to be used instead of a passport, but some countries may accept it (the Refugee Travel Document was designed to be used as a passport, but you cannot get that unless you have won the asylum case or are a refugee). Take care, Jason
Hi Jason,
Thanks for your continued help.
I have a question about renewal of the EAD. I heard that it is online now. Do you wrote about how to do it or can you please share me a link to do the online renewal? I could not find one from uscis. Thanks in advance!
Not all EAD categories can be renewed online, but c-8 (asylum pending) can be renewed online. It is a little less expensive and probably faster. You can find the link if you go to the I-765 page at http://www.uscis.gov. Take care, Jason
I’m from Colombia, I just submitted my asylum application few days ago, I want to know if I have to wait for 150 days before I apply for my EAD or can I apply as soon as I get the receipt of my application? Thanks
Every asylum seeker must wait 150 days after the date that the I-589 asylum application was filed, and then you can file for a work permit. Some people have other ways to get a work permit (for example, in some cases, people paroled into the US can get a work permit), and if you think you may qualify for that, you can talk to a lawyer to look at your specific situation. Take care, Jason
Good day sir
I traveled internationally for a week as Asylee with Refuge Travel Document while my AOS is pending.
The CBP officer here in US stamped my RTD with a stamp (blue square stamp) – “… admitted for an indefinite period as a returning Asylee under section 208 (b)___of the Immigration & …( the word not readable). act
If you DEPART the United States you will need prior permission … (here’s the word that is not readable )
EMPLOYMENT AUTHORIZED
date port if entry and CBP officer number.
Dear Jason maybe you happen to know what does prior permission means? Where to obtain it? I was planning to travel again in 2 months while RTD is still valid but now I’m afraid to leave the states without this prior permission? Can I travel again while my RTD is pending? Thank you
Correction to my previous post- “Can I travel again for a few days while I have my Refugee travel document that is valid? I’m not planning to travel to my country if persecution etc. this stamp just confused me with this “prior permission”
The stamp is confusing, but you can travel and return as long as you have a valid RTD. Take care, Jason
That is a standard statement. “Prior permission” is the RTD itself (or some other type of travel document or re-entry permit). In other words, you already have prior permission to return, as long as your RTD is valid. Take care, Jason
Hi my work permit for asylum is due for renewal now. I have a 2 years ead. The expiry date is 6 months from today in feb 2 2025. Can i file renewal now or wait till work permit expire. How long is work permit renewal for asylum applicants taking these days. Can i work with the receipt i will get for 540 days or 180 days. Will i get 5 years asylum work permit or if trump wins he will reduce it to 1 years or 2 years.
Similar question sir, i also got 540 day extension based on renewal of pending asylum work permit by issuance of a receipt. Does my 540 day start from the date of expiry of ead or before from the day of receipt.
I have the same question.
Your work permit is extended by 540 days, meaning the 540 days starts to run on the day the current work permit expires. Take care, Jason
I just renewed my work permit recently. You submit the renewal online and you can pay with credit card. make sure you include all the information and upload necessary documents. It took me about 30 minutes to fill the form. USCIS Nebraska center sent me my new work permit in 3 weeks. It is valid for 5 years
You can file to renew up to 180 days before the old card expires. Processing times are unpredictable – it could be 6 months or it could be 1.5 years. I think these days, USCIS issues a 540 extension. If you get the EAD now, you get a 5 year card, but if Trump comes back, that could change. Take care, Jason
HI Jason
I got my RTD end of March 2024. Since the renewal are taking 12+ months, can I submit renewal application now even though it has 8 months remaining? I couldn’t find concrete information if renewal can only be submitted x months before expiration or something.
Any idea?
Some people do that. Technically (according to the instructions), if you file to renew the RTD while your RTD is still valid, you are supposed to send in the original RTD. Of course, doing that defeats the whole purpose of filing early, since you lose your current RTD. Nevertheless, I have heard about people filing to renew and not including the current RTD. In some cases, USCIS may later request the original in a Request for Evidence letter. But they could also deny the renewal request, since you failed to comply with the rule. I think if you do not mind risking the filing fee, you can give it a try and see what happens, though you should understand that it could be denied for failing to include the original RTD (but that would not affect the RTD you currently have). Take care, Jason
Good Afternoon Mr Jason
I pray that everything is well. I have a quick question. I was granted asylum by IJ in April 2022 and I got my I-94 granted after infopass and I petitioned my wife in Mai 2022 and she came in USA in August 2023. Now she starts to fill her I-485 by herself by she is blocked by I-94 arrival number recorded and can not find online.
My question is : does she need to get I-94 granted and put that number on application as I-94 arrival number.
Thank you in advance and have a good weekend.
It would be better to have the I-94 number, but if she has other evidence of her status (approved I-730, passport stamps, work permit), she can probably apply using those. It is possible to get a replacement I-94 using form I-102, available at http://www.uscis.gov, but I think it is expensive. Take care, Jason
Dear Jason
I applied for my brother who is in Afghanistan- humanitarian parole- USCIS EVEN withdraw the money- i got the receipt and IT HAS a priority date- what does it mean
The priority date is basically the day your brother got in line. Unfortunately, I do not know what priority date is being processed today (in other words, who is at the front of the line now). I am not sure if this information is available anywhere, but I do know that this process is not working well, and I am not sure how many people are actually coming to the US under this program. Take care, Jason
Hi,
Back to 2017, myself with 3 other family member we came USA as B2 and applied Affirmative asylum in NY. Till now we didn’t get any responses to attend the interview from USCIS office since 2017 March. I’ve got another 2 kids who born in USA. As priority date of April 2014, F4 category my wife she got approval I797 this year 2024 April. May I know, my wife can submit an application for change of status before attend the USCIS or Immigration Judge while we live here with valid work permit and same time when my pending Asylum case open in my name? Any other suggestion then please update me. Thank you very much.
If someone filed a family-based petition for your wife and it is now current, she (and you and your non-citizen children) would probably have to go overseas to process the green card. I wrote more about this on August 28, 2017 and September 6, 2017. There are exceptions (the main one being that you are all still in some lawful non-immigrant status – and asylum pending does not count for this purpose), and so you should talk to a lawyer about specifics to know for sure. Take care, Jason
I’m wondering if I could get letters of recommendation from my congressman or senator to augment my asylum case? If that’s possible, how should I go about it?
I am not sure how that would help your asylum case, unless they know about some aspect of the case (for example, your political activity). I guess you can reach out to their office to see if they can do anything for you – you can find their contact info if you follow the link under Resources called House or Representatives or Senate. Take care, Jason