In January 2023, Customs and Border Protection launched a new iteration of its CBP One app. When it functions, the app allows migrants at the U.S.-Mexico border to make an appointment to present an initial request for asylum in the United States. The app has been plagued with technical problems, and many migrants simply did not have the equipment, language skills or know-how to use it properly. Nevertheless, starting on May 11, 2023, any migrant who arrives at the border and does not use the app may be barred from asylum in the United States. There are exceptions to the rule and the legality of excluding asylum seekers who do not utilize CBP One has been challenged in court.
Today, we’ll talk about CBP One and what can be done to overcome the asylum bar for people who failed to make an appointment using the app.
Let’s start with the law. New rules created by the Biden Administration block certain noncitizens from asylum if they arrive at the U.S.-Mexico border after having circumvented lawful pathways to the United States. The rules impose a “rebuttable presumption” of ineligibility for asylum for those who enter the United States from Mexico at the southwest land border without documents sufficient for lawful admission as described in INA § 212(a)(7). See 8 CFR § 208.33(a)(1). The rebuttable presumption applies to people who enter the U.S. between May 11, 2023 and May 11, 2025 and who pass through a third country, such as Mexico. See 8 CFR § 208.33(a)(1)(i) through (iii).
If you meet these conditions and did not use the CBP-One app to make an appointment when you arrived at the border, you may be barred from asylum. There are exceptions to this rule and if you demonstrate an exception, you can still qualify for asylum (i.e., the presumption that you are not eligible for asylum can be rebutted).
One exception is for unaccompanied children, as defined in 6 U.S.C.§ 279(g)(2). Children who enter the United States when they are less than 18 years old and who do not have a parent or legal guardian in the U.S. are not blocked from asylum if they fail to use CBP-One.
A second exception applies where “it was not possible to access or use the DHS scheduling system due to language barrier, illiteracy, significant technical failure, or other ongoing and serious obstacle.” See 8 CFR § 208.33(a)(2)(B). There have been numerous reports about how the CBP-One app does not function properly. If you are unable to make an appointment due to technical or other reasons, try to get evidence about that: Screen shots of error messages, emails seeking assistance, letters from people who know about the problems. The app is available only in English and Spanish, and so if you do not speak one of those languages that might also be a reason why you could not access the app (though how you are reading this blog post, I do not know).
Another exception is where the noncitizen faces “an imminent and extreme threat to life or safety, such as an imminent threat of rape, kidnapping, torture, or murder.” See 8 CFR § 208.33(a)(3)(B). The situation at the U.S.-Mexico border is dangerous, and you can certainly submit evidence about that. Also, if you have been threatened or harmed, or suffered a serious health issues at the border, you can get evidence about those problems as well.
There is also a family unity exception. If the principal applicant would qualify for asylum, but dependent applicants would not be independently eligible, or there are dependent family members that could follow to join the principal if asylum were granted, the presumption is “deemed rebutted as an exceptionally compelling circumstance” and the principal could receive asylum. See 8 CFR 1208.33(c).
Aside from these exceptions, there may be other bases to overcome the asylum bar. In one of my cases, a family of four was denied asylum for failing to utilize CBP One. They each received Withholding of Removal instead, which is not nearly as good. For the children, who were both under age 10 when they entered, I argued that they did not have the capacity to schedule a CBP One appointment, and that they should not be penalized just because their parents failed to qualify for an exception to the rule. In our case, the family is Uyghur, and since the government of China subjects Uyghurs to genocide and crimes against humanity, each family member was independently eligible for asylum, and so the family unity exception did not apply. While the judge rejected my argument, we have appealed, and we will see whether the Board of Immigration Appeals reaches a different conclusion. Given each individual’s due process right to apply for asylum, we may yet have a chance.
In my case, we also argued that the asylum bar was unlawful. A recent Supreme Court case held that courts are not required to defer to an agency interpretation of the law where a statute is ambiguous. See Loper Bright Enterprises v. Raimondo, No. 22-451 (June 28, 2024). In our case, the statute related to asylum is not ambiguous. On the contrary, it is quite clear: “Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum….” See INA § 208(a)(1). Given that noncitizens have an absolute right to apply for asylum under the law, we argued that the government does not have the legal authority to impose restrictions to block would-be asylum seekers.
Finally, a number of immigrant rights organizations have challenged the validity of the CBP One limitations in court. How these lawsuits will ultimately play out, we do not know, but they could certainly result in changes to the current rules.
For purposes of an asylum case, it is obviously better to comply with the “circumvention of lawful pathways” rule. But if you failed to utilize the CBP One app and you are already in the U.S., you can potentially overcome the asylum bar with sufficient evidence and testimony.
Hi Jason,
I was granted asylum in July 22 and applied for my green card in July 23. It’s been over a year now. Last month the USCIS requested initial evidence of my medical examination, which I submitted.
Based on your experience, how soon should I expect to receive my green card after submitting the medical exam?
A lawyer suggested filing a writ of mandamus, saying I’d get my green card in two months. Do you think this is necessary, or should I wait since USCIS is already working on my case?
Thanks for your advice!
Waseem
We see such cases take 1 to 2 years for most people, and if you check the USCIS processing times (at http://www.uscis.gov), I think it says an even longer wait time. In the past, when people got the medical exam request, the process was near the end, but lately, that does not seem to be the case and people still wait for months. In terms of a mandamus, that is up to you, but I am not sure how effective it will be given that you are still within the “normal” processing time and also, it seems like the case is moving, and so a decision will arrive eventually. I guess it depends on how much of a hurry you are in, and if the lawyer thinks it will work. Take care, Jason
Hi Jason,
Thank you for your reply.
Last year, I consulted a lawyer about filing a writ of mandamus to expedite my green card. At that time, he advised waiting a year. Now that the year has passed, he confirmed we can file and expects that I should receive my green card within 60 days or less based on similar cases.
I trust his judgment, as he successfully assisted me with a writ of mandamus for my asylum interview two years ago.
I also applied for a travel document early last year, but due to an error with the fees, USCIS sent me a letter 10 months later asking for payment. Consequently, I had to reapply in November, losing those 10 months of waiting. According to their website, my travel document might not arrive until March next year.
I recently received an invitation for a solo exhibition in Venice, Italy, which is crucial for my career and finances. Can I use this invitation to expedite my travel document and receive it sooner?
Thank you.
I would defer to your lawyer, as it sounds like he has done such cases before. In terms of expediting the travel document, that can be a reason. You might frame it in terms of severe financial hardship in order to match the USCIS expedite requirements – I wrote about this on January 29, 2020. Also, if you have a the GC and a valid passport, that may also be a way to travel and return to the US. I wrote about traveling with your passport after asylum is granted on May 25, 2022. Take care, Jason
Thank you for your advice, Jason.
I’ll be sure to review what you wrote. your guidance is always helpful. Take care!
Hi Jason, I recently received my RTD. I haven’t applied for green card yet, because I will wait until I have 6 months with the approved asylum. I wanted to check if it’s safe to travel with RTD, could I be denied entry if I travel internationally? Can I still use RTD even though I don’t have a pending green card application yet? Thank you!!
As long as the RTD is valid, you can use that to re-enter the US. You do not need the GC for that. In terms of travel, not all countries accept the RTD, and so you may have to use your passport to enter the country you want to visit. I wrote about that on May 25, 2022. Take care, Jason
I want to follow up on this point. Cause I might need international travel also
So…re-enter is not a problem…
But…you said that not all countries accept the RTD…that to me is even a small concern.
The most concerning thing is … what if a person, for some reason, was retaliated by their country of origin and abducted to (so for example, asylee travels to country B, which is a country that shares extradition agreement with country A…if, while the asylee is there, country A put a request to country B demanding this asylee’s extradition, does the international law that bar political extradition applies ?https://en.wikipedia.org/wiki/Political_offence_exception ) and trapped in their country of origin…could they possibly get out ?
I understand this might all be too abstract, so, at least in your knowledge, among your clients. Have you heard of any issue when asylees travel internationally ? Are they all able to safely return ?
I have never heard of such a case, but certainly, if the persecutor government has a relationship with the third country and can try to get you in the third country, that could be an issue. Whether the US government can or would assist in such a case, I am not sure, but if the person has legal status in the US, I expect our government would try to assist. Take care, Jason
That’s great that you have never heard of such a case. It def boost my confidence in overseas travel.
And I doubt US govt will be able to extend help. I can only be conservative about that. Because I personally know a green card holder, went back to country of origin, detained and actually jailed, us embassy wasn’t able to do anything. But he went back to country of origin, I will not.
So just be careful.
Hello Jason, my asylum case is pending since 2021 and I have a few questions if you can please advise. Can my husband who is dependent on my case apply for a work based visa as the company he works for is ready to sponsor him and can we adjust status in USA?
Also how can we expedite our case and get an interview. We are based in Long Island NY?
I would really appreciate any advice, thank you
I wrote about expediting the case on March 23, 2022. If that fails, you can try a mandamus lawsuit. In terms of sponsorship by an employer, that depends on many factors. I wrote about this on August 28, 2018 and September 6, 2018, but he would need to talk to a lawyer to see whether it is possible, and whether he (and you) could do that without leaving the US, or whether he would need to go overseas. If you find a lawyer who can do it, I would have the lawyer write down step-by-step how you both will get from where you are today to having a green card or work visa. If you have to go overseas, it is a good idea to have Advance Parole, which is permission to return to the US if you leave (I wrote about that on September 11, 2017). If you do not have AP, and you try to process the case overseas and something goes wrong, you may not be able to return to the US. Anyway, all this needs to be carefully discussed with a lawyer, as the specifics of the case will determine what – if anything – is possible. Take care, Jason
Thank you so much for your response. In your professional experience have you seen such cases being approved given my husband is on a pending status and we would prefer not to leave the US.
Also would it be possible to set up a consultation with you and do you practice in NY?as our attorney has not been available or supportive at all. Thank you
I am not doing employment-based cases, so I would not be the best person to talk to about such a case. I have heard about people adjusting status and getting the GC in the US based on asylum pending and a section of the law called INA 245(k). However, I think it is not easy to do and requires that you meet all the criteria. You would do well to look for a lawyer who has done an INA 245(k) case (or cases) in the past and seek advice from that person. A starting point may be here: http://www.ailalawyer.com. But you will need to contact the firms to ask whether they have done such a case. Take care, Jason
People should not derive immigration benefits from being employed. It will further discrimination. Some people (women, disabled, black, lgbt) face a harder time to be employed and this should not extend to immigration process.
So I would like to say thank you for not aggravating the inequality.
I would not recommend it. It’s not going to work. The rest is up to you.
Hi I want to renewal my ead based in pending asylum application I-589.
I have two questions:
1. Can I file online?
1. I have my lawyer but he is asking for $500 legal fee
Can I file by myself even ( I have lawyer on my file)
1 – Yes and the fee is a bit cheaper. See form I-765, available at http://www.uscis.gov. 2 – You can, but keep a copy of everything you send to USCIS and let the lawyer know what you are doing, so you are both on the same page. Take care, Jason
Hi Jason,
Hope all is well, appreciate for your help as always.
Me and my dependents have master hearing on July 2025 after long wait(7 years at AO and 2 year at IC).
I would like to ask you 2 questions as below.
1. Can I ask IC if they can do both master and
Individual same time?
2. One of my son has plan to get married with a
an Australian citizen in coming December 2024.
Is there any effect for upcoming hearing if he got
married to her? She is coming here and get
Court married.
I look forward hearing from you.
Thanks
Best regards
Jhampa
1 – You cannot do that, but you can try to do the Master in writing, or ask for an earlier date. I wrote about this on April 20, 2017. 2 – If your dependent child marries, he can no longer be a dependent on your case, and he would need to file his own case. If he does not have a strong claim, he may want to wait until your case is finished, but that could take a long time. Also, if you win and he gets dependent asylum status, it is better if he waits to marry until he has a GC of his own; otherwise, marrying will cause delay for him to get a GC based on his dependent asylee status. I recommend you talk to a lawyer about all this to determine the best way forward. Take care, Jason
Hi Jason,
Appreciate for your reply,
He was under 21 when I apply asylum but when we interviewed (by asylum office)he was 24 so all we got individual appeal to appear. So in this case are they still under the same case(my dependents)?
Now our master hearing is same for all of 4 family members. So what happens in this scenario?
Thanks Jason.
Best
Jhampa
If you filed for asylum when your child was under 21 and unmarried, he can remain your dependent in the court case. However, if he gets married, he can no longer be your dependent and will have to file his own asylum case. Maybe he already did this, but if not and he gets married, he would need to seek asylum independently and file his own I-589. Take care, Jason
Hi Jason, I am not sure about your experience with LGBTQ cases. But I think the asylum office should do a better job at understanding sexual orientation and cultural norms. People still think that gay men should be feminine, which makes it challenging for masculine gay men to win asylum. There are more masculine gay men than feminine gay man, but people tend to pay more attention to the feminine ones. Where I am from, if a man is single and dont have children after a certain age, people will assume you are gay even if you are not.
They do have training about this issue, but I suppose not all officers and judges follow the protocols properly. In my experience, LGBT cases tend to be strong, largely because country conditions in so many places are dire. Generally, you can prove your sexual orientation with letters from people who know you, membership in LGBT organizations, photos at LGBT events, etc. Once you prove that, you need evidence to show that country conditions are bad in your home country, and evidence of past persecution, if any (medical reports, photos of injuries, letters from people who know about past problems, etc.). Take care, Jason
So…I would assume that most asylum officers or EOIR IJs are … republicans ? because I believe people who are pro-asylum probably won’t seek a job in DHS or EOIR…they will be like you, be an immigration lawyer and advocate for immigrants.
And republicans are also anti-asylum and anti – LGBT…they are mostly pro-traditional marriages and traditional family compositions…
So…won’t these adjudicators have … strong biases…against…lgbt asylum seekers ? Because, I would believe that they will probably feel uncomfortable seeing or hearing the lgbt experiences…and these negative triggers I believe, will definitely affect their decision makings, right ?
Let me give a specific example:
https://www.pewresearch.org/short-reads/2017/11/08/transgender-issues-divide-republicans-and-democrats/
According to pew research, 80% of republicans say gender is determined by sex at birth…and I definitely believe more republicans work in DHS/EOIR…So…if they have a transgender asylum case, a man who tries to become a woman (I don’t know if I am using the politically correct terminology, but you know what I mean….)….The harm they face, the adjudicators would say, well, these are all efforts that is in your best interest, you know, to bring you to align with the sex you are born with because you cannot be a woman if you were born a man. So that doesn’t count as persecution. If the adjudicators invalidate the persecution…then it will be really difficult to win asylum… in addition, asylum is a discretionary benefit, even if somehow, miraculously, an lgbt asylum seeker is statutorily eligible, they can still be denied asylum simply because asylum officers/IJs don’t like them…
I did a post on May 3, 2023 discussing this point. Take care, Jason
Hello Jason,
1. After a deportation proceedings was terminated while 130 is still pending, a 485 was filed.
2. The 130 has been pending for over 14months, though now 3 months after the court decision, and 2 months after filing the 485.
3. The asylum was Actors. the activities of non-state actors, and there is a compelling reason to travel ti the home country, having left for over 7 years.
Questions:
A. Should one apply for AP, and travel even while both 130 and 485 are still pending and not yet approved?
B. Is there any issues applying for only the AP, without also applying for a 485- based EAD, since there is an initial and active EAD, though based on the earlier asylum application ?
C. Must AP be a combo card, if I already have an active EAD?
Pls help as always.
Thank u
Questions:
A – You can apply for a “combo card,” which is AP and an EAD combined. If you have that, you can travel and return to the US. B – You can just apply for AP alone, and then you will get a piece of paper with your photo on it that serves as the AP document. C – You should still be able to get the combo card, even if you have an EAD already based on asylum pending. If your asylum case was in court, and the court case was dismissed, you will not be able to renew the asylum-based EAD, and so it is better to get a new EAD based on the I-485 pending. Finally, even if you fear non-state actors, you should be careful about returning to the home country. If the US government concludes that your asylum case was fake, it could affect your ability to get a GC and remain in the US. You should be prepared to explain why you went to your home country and how you stayed safe while there. I wrote about returning to the home country on January 6, 2016, and while that article applies to people with asylum, the same general rules would apply to you. Take care, Jason
Hello Jason, i have renewed my home country passport. I have reasons for it. If i do get asylum interview will these reasons be enough if asylum office wants to deny asylum based on this. First i filed asylum really late after 1 years and have less chance of asylum. My family lives in canada. I needed to visit them i needed a passport it plus i needed to it if i was ever gonna file for residency in Canada. In usa i am waiting for my interview for long time. Unfortunately my canada visa was denied . So now im sticking to remaining in usa. Can i give this explanation if uscis asks why i renewed passport
I really don’t think you have a strong excuse, in terms of your renewing passport.
An asylum seeker should generally not renew country of origin passport…
I have had clients renew their passports and usually it is not an issue. If you fear your home government, you should be prepared to explain why you renewed the passport (which you did here) and why your home government was willing to give you a passport. Of course, if you fear non-state actors (such as terrorists), there is no issue renewing the passport. In terms of the one-year asylum bar, I wrote about that on January 18, 2018 and maybe that would be of interest. Take care, Jason
Not sure but I don’t think they know you renewed it since you didn’t end up traveling with it unless you disclose that information which you should if asked
Uscis do not know if you have renewed it. Simply Do not disclose it until they asked.
Is true that if someone crossed wall was released by border police inside US and applied for asylum here they never can adjust status based on married to American? Thanks for the help
That is generally true, but there are some exceptions, depending on when you entered the US. Also, the Biden Administration implemented a Parole in Place rule that essentially allowed people who entered illegally to adjust status if they are married to a US citizen. That rule is currently on hold due to a court ruling, but that could change. I recommend you talk to a lawyer about the specifics of your situation to see whether there are any options, either inside or outside the US. I also write something about this on August 8 and 28, 2018 and September 6, 2018. Take care, Jason
The presidential race is tightening. @Jason, have you had your clients expressing anxiety regarding who will be (re)-elected ?
Not really. But we need to prepare for the worst and so to the extent possible, we will get applications or PD done now, while we can. Take care, Jason
Hi Jason.
From your experiences how long it takes the asylum office normally to send a decision. Would like to know know if my decision is taking not normal as it has been close to 4 months since my interview. My lawyer says be patient
It is not predictable. Some cases take a few weeks and others take many months. In my office and other lawyers I know, it is common to wait 6 months or a year for a decision, and the soonest we will inquire for a client is 4 months after the interview. On June 2, 2021, I wrote about what can be done post-interview when a decision is delayed. Take care, Jason
Hi, wondering how long after asylum approval I can apply for refugee travel document? Is it better to apply fr it with the green card together
As soon as asylum is approved, you can apply for the RTD. There is no reason to wait and apply when you file for the green card. Under old rules, when you paid for the GC, you could get the RTD for free. But now you have to pay for both documents, and so there is no reason to wait to apply for the RTD (unless you don’t need it yet). Take care, Jason
Thank you for your answer sir. Do you know if there’s such a thing as emergency refugee travel document? You like the emergency advance parole that I used to get quicker for emergency matters
I believe you can try to get it on an emergency basis. I think the first step may be to call them and try to reach a person (800-375-5283). You should have evidence about the emergency available to send to them or bring to their office if they give you an appointment. I wrote about expediting in general on January 29, 2020 and maybe that would be of help. Good luck, Jason
Under the new law, as long as your I-485 is pending, RTD is free of charge. I did not send any payment and my application was accepted.
That is not how I understand the rules now – that was the old rule. If you file on or after April 1, 2024, you have to pay for both forms. At least that is how I understand the instructions (see form I-485 fee page at http://www.uscis.gov). Take care, Jason
Sorry! you are right I filed my I-485 on March 2024!
Hello Jason and Friends,
I am green card holder based on approved asylum. am also holding US travel document that will be expire end of October 2024. I wanna visit to Canada next week with my green card but my travel document is valid for almost two months. Can i travel to Canada for 4 days and return to US without any problem? Please comments if anyone had the same situation and visited Canada?
Thank you
Jimmy
I do not know the rules for Canada and so maybe you can check their embassy website to see if you can travel there using the green card alone, or if you need a certain period of validity remaining on the travel document. In terms of returning to the US, you can do that with your green card alone. You can also use the travel document as long as it is still valid. Take care, Jason
Today I am just talking about this with a friend.
Do normally white people dislike immigrants more or POC people dislike immigrants more ?
I imagine there is polling data on this question, but I have not seen it. The Pew Research Center is a good source for such info. Take care, Jason
Hi Mr Dzubow, i appreciate your constant help for us asylum seekers.
I have interview in December and wants to send evidence and my story. I’m asking how many copies I should send by mail. I want to send 3 copies and I saw on Reddit they need one copy since they scan all after receiving. I filed original with paper not online
My second question is if you think peace deal between Ukraine and Russia happen, Ukrainians will not be given asylum in the US? Thank you
We send one scanned copy by email (you can find their email if you follow the link under Resources called Asylum Office Locator). We used to also mail a hard copy. For both these, we included a copy of the interview notice. We stopped mailing the hard copy, as they seem not to need it and they usually lost it. We also bring one hard copy with us to the interview. In terms of the peace deal, a person needs to show a specific threat of harm, and so a general war is not enough. You have to show that someone wants to harm you, or at least harm people like you (ethnic or religious minorities, for example). In that sense, the end of a war between two countries would likely not make much difference in most asylum cases, but it would depend on the basis for asylum. You might do well to talk with a lawyer about how to best present your case so that it fits within the legal framework of asylum. You have some time, as you can submit the evidence a week before the interview (and you probably should not submit it until closer to the interview date, as they may lose it). Take care, Jason
I am worried about Harris. I have long said that she is polling a bit worse in Pennsylvania…and if she loses Pennsylvania, it’s gonna be difficult for her to win the electoral college…she’d be an underdog…
@Jason, you have spent some portion of your life in Pennsylvania, what’s your take on what type of presidential candidates Pennsylvanians prefer ? And what do you think Kamala Harris should do to win Pennsylvania in November ?
https://www.natesilver.net/p/pennsylvania-may-be-a-problem-for
This is the context
PA will be a key state. I think it will depend on voter turnout in Philadelphia and the Philly suburbs, as that area is largely democratic. That would be a great place to volunteer if one were so inclined (as I wrote about last week). Take care, Jason
I’d love to volunteer. But unfortunately, I need to work … otherwise…I cannot afford rent and food…so sad…
#Kamala2024 !
Hello Jason
I applied for Asylum on 2017, I am from Colombia and I didn’t receive my interview regular, I had to sue, the mandamus gave my interview month later on june 26th I am still waiting for my decision in Arlington office, the interview was short 3 hours/ including my interpreter time, is more likely 1.5 hours just explaining my case, I am worried about the results since the time I applied My country circumstances were different , I still in danger and I tried to demonstrate that, I had a lot of evidence and I feel the Senior AO was nice.
How are the chances of win asylum if there are change of circumstances in my home country.
I have seen mixed results from Colombia, but it really depends on the specifics of the case and whether you suffered past persecution – people who suffered past persecution (usually physical harm, but it could be death threats or other non-physical harm) are presumed eligible for asylum unless country conditions have changed. I would not worry about the length of the interview, as some officers are quicker than others, and at least in my experience, that is not an indicator of the results. Take care, Jason
If the Country conditions Improve and I have past persecution and still death threats until today
We have won asylum under those circumstances. For example, we have done cases from Nepal, where the civil war ended in about 2008, but our clients still faced harm from a terrorist group there. We have been able to win most of those cases. Also, I recently won a case from Sri Lanka where country conditions had improved quite a bit, but the person had past persecution and still faced some threats. So it is possible, but you need to get as much evidence as you can to prove your case. Take care, Jason
How long does it take to know the if asylum is granted after an interview? My case was in New York. Although my interview was smooth, I am not sure about the outcome. People always said to be mindful of too nice asylum officers as they tend to deny people faster. Please give me some advices as my mental health is affected after the interview.
I think a nice asylum officer is generally a good sign. In terms of the wait time, it is unpredictable. Sometimes it takes a few weeks; other times, it can take many months. If it has been more than a couple months since the interview, you can inquire about the case – I wrote about that on June 2, 2021. Take care, Jason
I called USCIS to expedite my case i-131 RTD.
Lady on the phone was very concerned about something.
She start asking about my name and etc. which is common,phone,address and stuff, then she asked me for my status, my place of birth, port of entry and when did I’ve entered to the Us…which is very uncommon and never happened before…
Should i be concerned about smth?
Why did she ask all this information?and she kept asking so you are the applicant? Yes , i am.
.. you fill out all of this info on the forms anyway – so maybe she was just making sure?
I know, it shouldn’t be anything crazy…it’s just weird and never happened before. I call for myself and my wife from the same phone number, maybe that’s why….i’m afraid of them at this point after dozens kf mistakes and 10 years of waiting…
aha. yes, they did the same thing to me – my husband didn’t speak good English, so I was the one who was making calls/inquiries; as he is a main applicant and I was a dependent, they won’t give me any info unless he was nearby.
For what it’s worth, the more I do this job, the less I understand, as USCIS is a mess and very unpredictable. Take care, Jason
I doubt it is a reason to be concerned. She may just have been trying to verify your identity. In any case, there is nothing you can really do about it. Hopefully, she will agree to expedite. If not, you can try again. Take care, Jason
I have a question about traveling to Canada for a short visit, my asylum approved from USCIS.
The refugee travel document will take a long time to issue and its only valid for one year. Do you think I can travel to Canada before that showing my asylum approval letter?
I do not know. Maybe check the Canadian embassy website or try to contact them to ask. The bigger problem may be returning to the US, as you should have an RTD to do that and I am not sure what will happen if you do not. You can try to expedite the RTD – I discussed expediting with USCIS on January 29, 2020. Take care, Jason
Question to the asylum community:
I need to renew my EAD and apply for a new RTD.
1) is Advanced Parole better/the same as RTD?
2) can I file for both EAD renewal + Advance Parole in the same time
3) why does Advance Parole card indicates “Employment Authorization Document” on it? Is it a combo?
4) do I pay separate fees for both? (Advance Parole is $630?)
Thank you – I am asylum and I used RTD once, it expired. Just wonder what would be my best shot.
correction: sorry for some grammar misspells 🙂 I am asylee, not asylum.
1 – If you have asylum, the RTD is better. AP is really only for people with a pending application and no status. Also, AP required you to use your passport, and it is better not to do that as an asylee. 2 – You can, but I think they get mailed to different addresses and you have to pay the fee for both (assuming this is not your first EAD based on asylum granted, in which case that is free). 3 – There is a combo card available, but I do not think an asylee can get that. It is for people filing to adjust status (though I guess it is possible to do that if you have filed the I-485 already, but for the reasons discussed in #1, I do not recommend that). 4 – This is another reason to file for the RTD, as it is a lot cheaper. Take care, Jason
Best regards Mr. Jason
I just read the last note on your blog and I found it very interesting.
It is of great help for us migrants who are not Mexican but are in Mexico waiting for an appointment with the CBP.
I am Colombian and a journalist in my country, I think its content is valuable but it mainly faces the language barrier.
You should look for a way that your content can be in Spanish since your market is precisely in this language.
A pleasure and pleasure to greet you. In case you require anything I am at your service.
Many thanks.
Thank you. It would be nice to have this in Spanish (and other languages), but my Spanish is not great and I have limited time. I do think Google translate is pretty good and people can use that. There are also lots of other websites that help with immigration and some should be in Spanish. Take care, Jason
Dear Jason, I have a very strong asylum case with credible threats very well documented with my name abd pictures in my country local government newspapers abd website describing as an infidel apostate who writes bad about Islam, but the asylum officer denied my case. The minute I entered and from the discussion and questions, the feeling I get is that the officer had predetermined view about all cases from my country that they all fraud, which somewhat true for a lot of them. I’d like to know if I could ask for a review of the decision from the asylum office on the hope to avoid years of waiting for an immigration court to decide. I already waited 8 years at the asylum office for interview. Thank you in advance for your feedback
Sorry to hear that.
You mentioned that you waited 8 years for an asylum interview. Do you mind telling which office you are at, and have you filed a mandamus?
Just got regular scheduling, no lawsuits. New York Bethpage asylum office. Applied in 2016
Before I even saw this, I was guessing it might be NY. That office has the lowest grant rate in the US and is really pretty awful. I wrote about that most recently on December 6, 2023. The good news is that the NYC court is one of the better courts in the US (maybe because so many legitimate cases are wrongly referred from the asylum office to court). Take care, Jason
Isn’t it best to be at a place where asylum office has a high grant rate and where immigration court also has a high grant rate ?
I know I am being annoying again…but do you know if such place exists ?
Maybe San Francisco? I am not sure. Take care, Jason
Hi jason. I want to ask and find an answer to a question that has been on my mind for years. My case was filed in 2015 and I lost my case in 2017 in this office. and I waited for years to defend me again in another court in an individual hearing and the lawyer charged me as if I had hired a lawyer again in another court. Do you think this is right?
I am not sure I understand the question, but it sounds like the lawyer charged you for a case at the asylum office and a case in court. That is pretty normal for a lawyer, and we do that. If we lose a case at the asylum office, we charge less for the court case than if we have a new client in court, but the court case is a new case and we charge a new fee. Every lawyer I know does the same, so I think your situation is normal. Take care, Jason
Uh, may I follow up a bit…
So removal case is a new case, does your office charge…additional fees…for BIA appeals and circuit court appeals ?
Yes, if there is a new case, we charge a fee. Take care, Jason
And if that’s the case, what rate do you charge, a range would be fine ?
The fee varies by case, and so I would have to see the case to quote a fee. Take care, Jason
You can file a motion to reconsider, but it must be filed within 30 days of the decision. If the case was denied based on credibility, I doubt that such a motion would work, since you will not know the exact reasoning of why the officer said you were not credible. Such motions work better where the person is found credible and you argue that the asylum officer made a mistake applying the law. Anyway, you can try that. On the other hand, court cases generally go much faster than asylum office cases – maybe 1 or 2 years. You can try to expedite the court case – I wrote about that on April 20, 2017. Also, know that something like 76% of asylum office denials are approved by the Immigration Court (I wrote about that on March 8, 2023), so you should definitely not lose hope. Take care, Jason
Good morning Jason, my asylum story is about 15 pages long, I wanted to include all the important events in detail. Do you think that is too long?? I saw some lawyers on Youyube saying that it should not exceed 15 pages, which is too short for me
I used to write longer affidavits, but over the years, I have made them shorter and shorter, and now I prefer an affidavit in the 6 to 8 page range. Of course, it depends on the case. I did a post on May 3, 2016 that talks about affidavits and maybe that would be of interest. Take care, Jason