A Pre-Election Letter to My Asylum Seeker Clients

With the election a week away, I wanted to share a few thoughts with my asylum-seeker clients.

While we do not know how the election will turn out, it’s difficult to feel optimistic for our country or for the asylum system. If Donald Trump wins, he plans to use the full force of government to harm immigrants, to implement mass deportations, and to block foreigners–and in particular Muslims–from coming to the United States. If Kamala Harris wins, we can expect much more reasonable policies, though given public concern about migration, her ability to make significant improvements will likely be limited.

Whatever happens, and whatever hardships are to come, it is important for asylum seekers and immigrants to know that you are not alone. There are many, many Americans who are glad you are here and who will do whatever we can to help you remain in the United States.

Let’s talk about the election.

Asylum seekers are some of the strongest, most resilient people I know. They have overcome severe hardship in their home countries and on their journey to America. Once here, they work diligently to build better lives for themselves and their families. They contribute mightily to their communities and to our country. Such people are not easily repressed. To paraphrase Chumbawamba, they get knocked down, but they get up again, you are never gonna keep them down. And so I think to a large extent, asylum seekers and immigrants can take care of themselves. But of course, they don’t have to.

Asylum seekers have many allies who have been and will continue to stand with them in dark times. There are literally hundreds of organizations and tens of millions of individuals who support our immigrant neighbors and who will fight to protect them. 

Our country’s institutions–the U.S. Congress, federal courts, state governments, local authorities–also stand as a bulwark against the unchecked authority of a rogue executive, and will limit any president’s ability to do harm. 

For these reasons, if Mr. Trump wins this election, asylum seekers should feel some comfort that he will not be able to carry out the most harmful of his anti-immigrant promises. Moreover, if Mr. Trump were to implement his harshest policy proposals, such as mass deportation, we can expect a strong backlash from the American public. As we saw with family separation, it is one thing to talk about militarized deportation camps; it is quite another to carry out such cruel policies.

This is not to say that a second Trump term will be easy. On the contrary, I expect he will do severe damage to our immigration system (and other government systems), and that he will harm many people. I also expect that he will work hard to turn his hateful rhetoric into policy. But I think he will also face more institutional and public push back than he anticipates. 

For now, we remain in a place of uncertainty. It is stressful and depressing for all of us. That’s doubly true for people who have previously escaped countries with oppressive governments, and who thought they had reached a safe haven in America. Asylum seekers have seen this movie before, and they know what it means to live under a government that persecutes the “enemy within.” They also have more at stake in the upcoming election than most American citizens. I hope that during this difficult time, they can lean on their family, friends, and communities. And I hope they draw strength from their own experience of survival and from those who support them. 

We will know soon enough which way our country will go. Either way, remember that your friends and allies stand with you and will do all we can to support you in the days ahead. 

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18 comments

  1. I entered America May 11,2023 without inspection EWI, now am in a removal proceeding with the court , I already file asylum and am now in individual hearing but the DHS prosecutor said am not qualified for asylum due to asylum pathway ban , so the judge rescheduled the individual hearing, that the DHS prosecutor should submit a statement proving am not qualified for asylum and my lawyer too should submit a statement proving that I qualify for asylum, may while I already married to USC and I have pending I-130 . My question now is what should I do

    Reply
  2. I also have a question regarding background check. How long does it take if someone who is not from a Muslim country? Is that mean someone is more likely to be granted if your decision take longer? Or do they proceed with background check only for asylum seeker that are more likely to be granted after their interview or for everyone?

    Reply
    • I have had long waits only to have the case denied, and so I do not think the checks are only for people they want to approve. In terms of the wait time, there is no real pattern or average that I can see. In Virginia, the asylum office states (in meeting notes from September) that 10.75% of cases are decided in 14 days, 56% of cases are decided within 120 days, and the median wait time is 49 days. This does not align with my experience and I am skeptical of these numbers. I suppose the numbers include mandamus cases, which they are required to decide more quickly, but even so, I just had a case decided 2+ years after the interview, and so I do not see how the “median” can really be 49 days. Anyway, that is what they say. Take care, Jason

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  3. Hello Jason,
    Thank you for responding to our questions. Given that you often mention the background check after the asylum office interview is longer than usual for male applicants from majority Muslim countries, are you referring to the USCIS CARRP program as a potential cause of this delay?

    Reply
    • I don’t have a whole lot of specifics about the background check, but in my experience, it is very common to see delays after the interview, and these seem to be longer for Muslim men. Not always, and this is anecdotal, but that is how I see it. Also, I have spoken to asylum officers about the background check in general, and it seems to require a lot of work on their end as well. Take care, Jason

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  4. I wonder what would be a better use of my time in the last few days:

    Should I advocate for Kamala Harris ? or attack Trump/Vance/Haley/Jill Stein/Tulsi Gabbard ? which one is more effective ?

    Reply
    • I would again refer you to my post of August 21, 2024 for some ideas. Take care, Jason

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  5. Dear Jason, and all great members,

    I read this, and felt extremely disappointed and I am not sure if I call this bad luck, or wrong direction that I took in life, personally. I am originally from Afghanistan ( your client as well), been in the US seven years. During this long ( or short perhaps in this immigration system), I spent every minute thinking or dreaming only one thing that when will be that day I receive my decision. Sometimes, I even think that I am in a deep sleep, how can I overcome all these challenges so far, starting from, escaping from my country to losing my own family members. What I can only can say is again, either it’s my bad luck or wrong direction.

    I was the third person on my family who came to the US 7 years ago. What is funny, now thanks god, my entirely family is here, I even got married here, and brother got married, we have many new family members joined our family. Guess what, I still wait for my asylum, and they are all permanent residents and most of them are close to get citizenships. I am very happy for them, they suffered same like me but thank to god, they didn’t go throw what I am going or what hundreds others going through.

    Lately, I am extremely exhausted. I check my USCIS status every minute. Sometimes even I receive notification or texts, I quickly check my phone and i am thinking that it might be an update from them.

    We have a famous saying in our language. There is no dark color then black. So we are already in black or dark time, there is no way to go back except to continue on that.

    Best of luck for everyone and I pray that one day we all get our approvals so we can also sleep or breathe like millions others.

    Reply
    • I hope the case will be finished soon. I do think you can take comfort in the fact that almost all Afghan asylum cases are being granted, and so there is a very high chance that the case will be approved. Also, even if Trump returns, it should not affect the approval rate for Afghan cases, as such cases were routinely approved when he was president previously (and of course, that was before the Taliban took control of the country). I did a post on January 9, 2018 about the difficulty of waiting, and maybe that would be of interest. Take care, Jason

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  6. Hi Jason

    My wife is in the US on TPS status and was married to me before I was approved for asylum.
    I filed for her I730 which is finally approved.

    Now, my question is, will USCIS automatically mail her I-94 and EAD or does she have to make an appointment at USCIS for I-94 and apply for EAD(is it free for first time?) and unrestricted SSN?

    Also, I know if you apply for I-485 then you can get RTD for free but without I-485, is it still free for first time?

    Reply
    • Normally, if the beneficiary of the I-730 is in the US, the person should have an interview before the I-730 can be approved. If there was no interview, USCIS may think your wife is outside the US and is planning to consular process. Assuming there was an interview, USCIS should send the I-94 shortly after the approval, or even at the same time. They should also send the EAD. If not, I guess she can apply for the EAD using form I-765 under category a-5 (asylum granted). The first EAD application under a-5 is free. In terms of the RTD, that used to be included in the fee when you file an I-485, but that is no longer the case, and so she will have to pay for the RTD whether she files now or at the same time as the I-485. Finally, an asylee no longer has to wait 1 year before filing the I-485. Most lawyers (including me) recommend waiting 6 months – I explain the logic in a post dated February 8, 2023. Take care, Jason

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      • Thank you Jason.
        No she didn’t get an interview. We just got a RFE asking for more evidence related to our relation.
        Since we have home, mortgage, bank and kid together, I included all that information and we were married for 7 years before my approval.
        I also included her drivers license and all.
        May be a new internal policy to approve without interview if preponderance of evidence?

        Reply
        • This is what I found.

          On December 10, 2021, USCIS rescinded the November 2020 policy that had required interviews of all petitioners filing Form I-730, deeming it inconsistent with EO 14012 and 14013. Effective immediately, USCIS will make case-by-case determinations on whether to interview Form I-730 petitioners.

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          • Makes sense. So hopefully, they will just send the I-94 and EAD. Take care, Jason

        • That may be. Not 100% of cases are interviewed, but I think the large majority are interviewed. Maybe wait a month or two to see if you received anything in the mail. If not, she can apply for the EAD. Take care, Jason

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  7. Hi Jason,
    Finally got my GC. The whole process from applying for asylum to getting GC took 10 years and 7 months which is insane and probably the longest wait. But anyways, wanted to share some good news finally and give hope to those who are still waiting.

    Reply
    • Congratulations on the good news! Unfortunately, though, this type of wait has become normal. In fact, there are many people who filed for asylum in 2014 who have not even been interviewed yet. It is truly insane. Take care, Jason

      Reply
    • Congratulations on your green card but you are not on your own. I have been waiting longer than you but I have not gotten my green card yet. Enjoy if the green card does bring any form of relief.

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