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.
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.
I enter America without inspection, as undocumented so am now in removal proceedings with the court, may while I already married to USC and I have pending I-130 . My question now is what if the judge grant me Withholding of removal, will this withholding of removal have any negative or positive effect to my pending I-130 and if my I-130 is approved with the withholding of removal have any effect to my GC journey or will I reject the offer of the withholding of removal if given to me, I just want advice
I have already responded to your prior posts – please see that comment below. Take care, Jason
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 if the judge grant me Withholding of removal, will this withholding of removal have any negative or positive effect to my pending I-130 and if my I-130 is approved with the withholding of removal have any effect to my GC journey or will I reject the offer of the withholding of removal if given to me, I just want advice
The Circumvention of Lawful Pathways ban went into effect on May 11, 2023, and so I am not sure if people who entered that day are covered or not. If yes, and if you did not use CBP One to enter the US, there is a bar to asylum. There are some exceptions, but those are not easy to meet. We have dealt with this issue a couple times and in those cases, our clients got withholding instead of asylum. We have appealed. Also, there is federal litigation that is trying to overturn the ban, and if that succeeds, maybe our cases (and yours if the ban applies) will become eligible for asylum. In terms of the I-130, once that is approved, you would likely need to leave the US to get a GC based on marriage. A person who entered without a visa is generally not eligible to get a GC inside the US. You would need to talk to a lawyer about that, but maybe you would be eligible for a “provisional waiver,” which allows a person to leave for a short time and then return with a GC. Of course, all this might be affected by the new Administration and so we will have to see what happens. Take care, Jason
Hi Jason,
What are the risks for derivative Asylees who traveled to their home country and do not fear their government? There are speculations that the Trump administration might look into Asylees who travel to their own countries but no mention of derivatives who do not fear traveling there. Have you ever seen such cases being treated as adversarial at the time of Naturalization?
In general, it should not be a problem and I have not seen anyone have such a problem in the past. However, if the principal’s asylum case indicated that the derivative was also in danger, maybe that would be an issue. At a minimum, the person should be able to explain why he returned and how he stayed safe, or that he was not in danger because he is not the principal applicant. With Trump in charge, it is probably best to avoid anything that gives them an excuse to harm you, and so if you want to make this trip, it would probably be better to go and return before January 20, 2025. Take care, Jason
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 if the judge grant me Withholding of removal, what will happen to my pending I-130 and if my I-130 is approved how can I continue with my GC journey
The Circumvention of Lawful Pathways ban went into effect on May 11, 2023, and so I am not sure if people who entered that day are covered or not. If yes, and if you did not use CBP One to enter the US, there is a bar to asylum. There are some exceptions, but those are not easy to meet. We have dealt with this issue a couple times and in those cases, our clients got withholding instead of asylum. We have appealed. Also, there is federal litigation that is trying to overturn the ban, and if that succeeds, maybe our cases (and yours if the ban applies) will become eligible for asylum. In terms of the I-130, once that is approved, you would likely need to leave the US to get a GC based on marriage. A person who entered without a visa is generally not eligible to get a GC inside the US. You would need to talk to a lawyer about that, but maybe you would be eligible for a “provisional waiver,” which allows a person to leave for a short time and then return with a GC. Of course, all this might be affected by the new Administration and so we will have to see what happens. Take care, Jason
Based on various media outlets this is what is being proposed. Take this for the grain of salt as some of it might be exaggerated.
1. Stephen Miller will be the immigration czar.
2. Using the Supreme Court ruling in favor of Executive branch, there is a plan for a moratorium or a pause on all immigration until the deportation occurs. This will be done via executive order.
3. Temporary visitors will face increase screening.
4. An expanded version of the travel ban is being proposed, so I expect travel to be banned from “certain” countries.
5. An executive order for reinterpretation of the 14th amendment, granting US citizenship to children of illegal immigrants.
6. Since Republicans are controlling the Congress, a court team is already coming up with an enforcement only immigration bill, to codify the executive orders and add other items to control asylum, legal immigration, extreme vetting, etc.
All these may be their intention. Whether they can succeed and how it will work, we shall see. Take care, Jason
Hi Jason, I once came to your office when I applied for asylum. I got an advanced degree—a doctoral degree in AI from GW—while my asylum has been pending since ’16. I am still waiting for an interview. If my Form I-140 is approved through EB1-exceptional ability, can I adjust my status from pending asylum to the green card without leaving the country? Thank you.
I wrote a bit about this on August 28, 2018 and (about getting a GC outside the US) on September 6, 2018. There is a law called INA 245(k) that might allow you to adjust status if you filed for asylum while you were still in status. This law is somewhat obscure and does not always seem to work, but it may be worth looking into. I would try to find a lawyer who has done a 245(k) case previously and talk to that person about whether you might be eligible. Take care, Jason
Thanks, Jason! I needed to hear that today. With the best regards and gratitude, your client
Thank you – I hope all is well, Jason
I believe most Democrats think that immigrants cannot think for themselves and will automatically vote Democratic. In reality, most of my immigrant community have seen their jobs stolen by new illegal arrivals who work for lower wages. Many others are sick of radical leftist and gender ideologies being pushed daily onto their children by school staff and activists. Many also in Democratic cities are tired of the lack of law and order and the failure to prosecute criminals who attack their businesses. So congratulations, Trump, on the well-deserved win!
I think all these factors contributed. None of this changes the fact that Trump repeatedly lied about and demonized immigrants and sexual minorities. As I wrote today in a post, I doubt that Trump’s anti-immigrant policies will solve any of these issues, but I suppose we shall see. Take care, Jason
Hello sir, how early can someone apply to renew work permit of asylum. C(8) . Pending asylum renewal. My work permit expires aug 2025. Can i apply now or only 6 month before ( feb 2025). If i apply and trump wins will he restrict work permits. I applied asylum after one year deadline. He already did that when he was in power. He restricted work permits for one year late filers. If i file before january can i get work permit renewal.
You have to act fast, once you are in the 180 days range don’t hesitate to apply for your renewal. They are renewing fast but unfortunately August is like 10 month from now. You have to wait until February to apply! Good luck friend
A new Trump Administration could restrict or possibly even end work permits (though whether the courts would allow that, I do not know). The soonest you can apply to renew is 180 days before the old card expires; otherwise, the application will likely be rejected or denied. For you, that sounds like it won’t be until February, and so you will have to see if there are any changes by then, but certainly, you should apply as soon as you can. Take care, Jason
Hi Jason, have you seen this news that ASAP organization shared regarding EAD renewal: https://help.asylumadvocacy.org/renew-early/
It says You may want to apply to renew your work permit if it expires before October 1, 2025.
before there is a new president. It is currently taking USCIS many months to process work permit renewals, so the sooner you apply, the more likely you are to receive a 5-year work permit before a new president could make changes. You can apply to renew now, even if your work permit’s expiration date is more than 6 months in the future.
That is interesting, but it is not how I understand USCIS’s procedure. If you apply more than 180 days before the current card expires, you risk having the application denied and losing your filing fee. Maybe ASAP has been successfully filing early than 180 days, but I have not advised my clients about that or tried it, and I have not heard any specifics about applying before the 180 day mark. Take care, Jason
Thank you for your prompt response, actually I am an asylee but based on my company policy I have to have work permit to be able to work and I am worried about EAD renewals after new president so I don’t know if I have to apply now or wait until it reaches 180 days before expiration date.
It is up to you, but I think if you file earlier than 180 days, USCIS may reject it. Also, if you are an asylee, I doubt that your work permit would be affected. Do note that you can file for the green card sooner than one year after winning asylum, assuming you are otherwise eligible. I wrote about that on February 6, 2023. Most lawyers (including me) recommend waiting at least 6 months, and I discuss that in the article. Take care, Jason
Thank you Jason then I would wait, yes I applied for my green card 5 months after being granted and it is been pending since Feb 2024, I hope no delay happens with the new administration like before, as you know people waited for their Green cards more than 4 years in backlog.
I think you can go ahead and renew your work permit. I just did mine that was due to expire in August 2025.
I got it after 3 weeks.
Hope this helps
As trump is winning guys please be safe until you become a citizen! Never go back to COP no matter who dies or whatever happens and avoid using COP as he wanted to target these people before he left the last time ! Y’all stay safe until you become a citizen 🙏 hard times for illegals and asylum seekers with pending cases but god bless y’all
I think we will have to wait and see what happens, but I do agree that it is definitely best to avoid returning to the country of persecution. That was true before, but it is more important now, since a new Trump Administration is likely to be more aggressive on issues that it views as related to fraud. Take care, Jason
What a sad day for us with pending asylum and the immigrant especially the undocumented immigrant community (imagine how it feels if you are in Springfield or any red states, some hater could simple target you, remember the two Indians killed in Nebraska after election of Trump in 2016)! We believed in America to save us but now we are vulnerable. We need real support now! Not sure if there is any association or organization working on supporting asylum seeker (especially with mental health). Keep strong fellas, don’t lose hope easly!
I do think it is important to find support. One source is your religious community if you have one. There are also many organizations that can assist. I did a post on September 22, 2016 with links to organizations by state, and maybe that would be of use. Even if they cannot assist directly, they can make referrals. Take care, Jason
Hi Jason. I applied for asylum in 2015 and i am still waiting for an interview. My dad lives in my home country and his health is deteriorating. His eyesight is very poor and the doctor says in about 3 months he will be totally blind. On top of that he has diabetes and other health tissues that have rendered him very weak.
I am the derivative to our asylum case. My spouse is the principal and the case is based on social harm that may affect my spouse, not me. However my family has agreed to ferry my dad across the boarder to the neighboring country(about 5 hours away) and in turn, i will apply for an EAP and meet them there. My appointment is next week at the filed office. I am scared that the officer may say that my dad is not “dying” and so this does not fall under an emergency. I have my dads detailed medical report plus birth certificate and other documents. Should i explain to the officer that since i do not face any danger, I could go to my home country and see my dad and avoid the 5 hour long drive for him? WWJD (What would Jason Do) Thanks
For purposes of getting AP, it is important to emphasize the seriousness of your father’s condition. I wrote more about this on September 11, 2017. They could deny AP if they think his problem is not so bad (though I have seen that in the past, they do seem better lately, and so hopefully, you will be fine, but it does not hurt to have as much evidence as possible to support your claim). In terms of traveling, maybe you can say that your spouse faces harm and not you, but that you have not decided about whether to go to the home country or not (as it sounds like you have not). I think it would be better for the asylum case if you did not go, but it sounds like your trip to the home country could be explained and would probably not affect the asylum case. You will have to balance your father’s ability to travel against any potential harm to the asylum case. If you do go to the home country, make sure to keep documents about your father’s condition and maybe get some evidence that he could not travel 5 hours to meet you. You can then present that to the asylum office if they ask (which they very well may not, but it is better to have it if you need it). And that is WJWD. Take care, Jason
Thanks. I hate to see him travel the 5 hours in his condition. But thanks for the part about travelling to my home country and having the records to show why I travelled there. I appreciate your input.
Generally, a dependent’s travel would not affect the principal’s asylum claim. However, if her asylum case indicates (or implies) that you may face a threat, the travel would need to be explained. Under most circumstances, though, where she is a target and you are not, the travel should be easy to explain. Take care, Jason
Is there any final message before the election is over ?
I am a confirmed pessimist, and so I am not feeling particularly hopeful. I guess time will tell. Take care, Jason
Just reading such blog of you is heartwarming and it shows your kindness. You’re an amazing blessing for the asylee community, Jason. God bless you!!
Thank you for the kind words. Take care, Jason
Hello Jason,
Waiting for asylum interview since 3 years, AP to meet family in third country.
Form I-131 – Part 7. Information About Your Proposed Travel – List the countries you intend to visit.
How many countries I should mention when I intend to only go to one country, can I provide more than one to have choice? does it have any impact? Thank you.
I would list the countries that you think you will go to. You are not held to that, and so if you later change your mind, that is fine. However, I would do my best to anticipate where you will go and list that. Take care, Jason
Hi Jason,
I hope this message finds you well. I got my greencard through asylum and still have a valid passport through my origin country. I didn’t renew it. I applied for RTD but it is still pending for over 15 months. Can I visit Canada to attend my sister’s wedding? Is there any risk on it?
I think there is close to no risk (unless Canada is your country of persecution – anything is possible). I wrote more about traveling with your passport when you have asylum on May 25, 2022. Take care, Jason
I want to ask a philosophical question.
So if a person is harmed or is fearful of harm and need to seek asylum…why was that person born in their country of origin…isn’t it a paradox ? If God intended no suffering for that person…shouldn’t the asylum seeker already be born in the country that they eventually seek asylum ?
So by that thinking…if a person wasn’t born in the United States…then…probably God doesn’t intend this person to seek asylum in the United States…right…so by seeking asylum…by doing something that God doesn’t intend this person to do…aren’t they defying God’s will ?
Hi Jason,
I came back today from my country of nationality. I am a derivative asylee who travelled with RTD (GC pending), I am not afraid to go back to my country since my husband is the primary asylee and we are also from different countries.
Upon arrival to the airport, I was sent to secondary inspection (I knew this would happen as it is standard procedure) and the officer gave me a really hard time. Saying that he didn’t understand why I am a dependent in an asylum case that its not even from my country of origin, he also questioned several times my marriage, implying that it was fake, he asked me where I met him, how, dates, why I would get married that quick, etc. He even said he could deport me if he wanted to my COB (which is not my husband’s).
He reminded me that although asylum approved, I am still subject to the approval of an officer at port of entry. Finally, after going in and out from the room, he allowed me in, but told me to read very carefully what the approval letter says… I don’t know if he was threatening or what was the intention. I had a horrible time. Should I be worried? I have a business trip outside the US planned soon, but I am scared to go out again. Could he have had the power to deport me if he wanted?
Let me know your thoughts, and many thanks in advance!
Hey Tina, he doesn’t have the power to deport you while you are inside the US, but he certainly has the power to deny you entry if he suspected fraud in your asylum case as a result of returning to COB anytime you are returning to the US or send your case for further review to the asylum office. This why I advise my friends to never get out the US unless they have the green card because his power to deny entry for a green card holder is much less than if you are just an asylee.
The fact that he let you in now assures he didn’t suspect fraud or at least he didn’t have enough grounds to deny you entry. Though, he might have referred the case to the asylum office for a review if there were many inconsistencies in your story compared to the asylum case but not enough to deny entry
Next time, I would tell them that my country of birth is not of the same as the asylum case and that it was my husband who had a fear prosecution at his home country and that you are just a dependent on his case just because you are his wife and that you yourself don’t have any problems back at your own country – I think he got that point and that’s why he started to question marriage because that was his only way to deny you entry if he suspected marriage fraud which he couldn’t and that is why he did let you in. However, if you have a nationality of your husband COB and you lived there before coming to the US and now you use that country’s passport frequently to travel abroad, that might raise suspicion of asylum fraud and cause a deny of entry even though it is uncommon but it is certainly a possibility
Thanks for your comment! How sure are you about this? I thought CBP could not revoke asylum at port of entry.
I don’t really see how these things can happen. Maybe they could refer Tina to an Immigration Judge to review the situation, but that seems very unlikely, unless there is something else going on that we do not know about. Take care, Jason
An asylum seeker should NEVER leave mainland US before they become us citizens…I don’t understand why so many asylum seekers are…wanderlusts…
This is simply wrong. People leave the US and return all the time with no problem, using the refugee travel document or green card. Take care, Jason
I think he does not know what he is talking about. Also, he was disrespectful and his threats were completely inappropriate. He clearly does not know the law on asylum and dependents. As long as the RTD is valid, you should be fine returning to the US (unless there is some reason to believe the marriage or asylum case was fraudulent, or if you have lost dependent status). As a dependent, you are allowed to travel using the RTD and re-enter the US, and if you go to your country, which is different from the principal’s country, there is no effect. Maybe just be prepared to explain that again when you re-enter the US. Finally, the officer at the border cannot simply deport you. The worst they could do is place you into removal proceedings before an Immigration Judge, but that seems very unlikely, as there is no reason for it. Take care, Jason
Thank you, Jason. That makes sense, I explained to the officer that I share car loan, credit cards extensions, shared bank account, apt lease, life insurance beneficiary, joint taxes. So hope that’s enough proof if I get future questions about the relationship in the future, right? I even have all the moments documented in pictures in my phone of my 4 years with him, in case they also wanted to search on my phone… which I know they do.
Something I noticed, is that he stamped my passport before doing the extensive questionnaire about my relationship, so that means he was already going to allow me in.
Thank you!
Sometimes, the officers at the border seem to abuse their power. Hopefully, you will not have bad luck with the officer when you arrive here next time, but if you keep the photos and other evidence (scans of your taxes, insurance, etc) and maybe a scan of your marriage certificate, husband’s passport (showing his home country is different from yours), and asylum grant, it would be good to have those items also, so you can access them if asked (and hopefully, you will not be asked). Take care, Jason
My hope is that Kamala Harris will be elected President.
And the asylum community should refocus on the root cause of asylum…the persecutors and how we should punish them.
The U.S. immigration system is offering an imperfect solution, and in my opinion, unfairly gets 95% of the criticism…and in my opinion, that is doing a disservice to the asylum community and asylum seekers in the world.
When I see an immigration article, typically, it’s like this the reasons they came here, their life before coming here were briefly mentioned, or just as a simple sentence “they came here to avoid violence/for a better life…”.
And then there are paragraphs after paragraphs about their harrowing experience…IN the United States. It almost makes it as if the U.S. immigration system is worse than the persecutors themselves…
And then, the pundits putatively offer some soluations/suggestions which, from a historical perspective, seldomly adopted and … rarely succeeded…
When are we going to talk about the reason people seek asylum and the things we should do about their persecutors, rather than single-handedly focusing on how to obtain asylum for them ?
People talk about human rights abuses all the time. There are State Department reports on every country, and many organizations devoted to protecting human rights and advocating for people who are facing persecution. Take care, Jason
Is there any discussion regarding what action should we take about the persecutions ?
I know they publish these things every year, but it’s not enough to just acknowledge the problem. What should we do about these persecutors ?
Action items ? Maybe…visa sanction…freeze overseas bank account ?…executions ?
I remember U.S. (& iraqi) military personnel captured & executed Saddam…In my opinion, a lot of people in the world are no less or more evil than Saddam…shouldn’t they also be tried & executed ? To me, that’s called justice.
Nations and individuals are sanctioned in some cases, but there is a limit to what can be done without going to war. The ICC, for example, deals with certain human rights abuses, but for various reasons (some legitimate, some not) the US is not even a member. Take care, Jason
Don’t be ridiculous! And to be very frank, your reasoning makes no sense. You’ve oversimplified how persecution operates across hundreds of countries by assuming it’s always a matter of the government or a high-profile individual that the U.S. government can identify or sanction. But what if the entire country holds views or attitudes that drive the persecution (widespread cultural persecution)? This type of persecution can be deeply ingrained in the culture and doesn’t always involve specific individuals or the state as the direct perpetrator. The fact that the U.S. considers it persecution, perhaps because of our values, doesn’t mean that another country would consider it to be persecution and therefore a violation of the person’s rights! Additionally, the U.S. might not have diplomatic ties with every country, making it even harder to address or respond to such persecution. Therefore, sanctioning the person(s) would be useless.
Hello Jason,
I was recently interviewed at HTX office. My mom and sister have been already approved asylum. When i had my interview, it was very short. I was just asked few questions. The interview only lasted for 30-40 minutes. I don’t know if its positive or not. Because i was expecting it to be long. My moms and sister’s interview lasted for over 4 hours. What do you think is it something to worry about?
Regards
It depends on the case and so it is hard to say. If there is no one year bar or other bar to asylum, I doubt the short interview is a bad sign. I do not think they would normally grant a case automatically based on your family members’ cases, but that may have helped. Really, though, there is no way to know and you will just have to wait for the decision. Take care, Jason
Hi Jason,
I’m a new asylum applicant, and I here in Texas, I need to wait for my Social Security number and work permit before I can get a driver’s license. However, I learned that another state allows applicants to get a license with just an ID, so I decided to travel there, use my friend’s address, and obtain my license within a few days using my passport and returned back to Texas. I wish I could have consulted you before taking this step, but now I’m concerned about whether this might affect my asylum case. What do you think?
If you have an interview in Texas and show the out-of-state license, it could be problematic, as they will either transfer your case to the other state (assuming it is a different asylum office) or they may accuse you of lying about your address, which would be bad for the case. I do not know what the rules are in terms of keeping the license you have, as that is state law (though I imagine it is not legal to get a license using an address that is not yours), but for immigration purposes, it would be better to have the license match your address with USCIS, and so you should correct that as soon as you are able. Take care, Jason
Thank you for your reply and clarification, Jason. Yes, I filed my asylum application with my permanent address in Texas, and I expect the interview to be held here in Texas when the time comes. Since, I now realize it was a mistake to travel to Seattle to get a driver’s license, so I’ve decided not to use that license for driving or traveling. My plan is to get a Texas driver’s license once I receive my social security number and work permit. Would it still be an issue to obtain a new license/update the Seattle license in Colorado? And would the Seattle ID continue to be a problem for my asylum case, even if I don’t present it? I’m not sure on how to manage this mistake I made.
I think you should just get a license in Texas (or wherever your address is) once you are eligible. I doubt it would be a problem, as by the time of the interview, hopefully your license and the address you gave to USCIS will be the same. If you have some evidence that you were temporarily in Washington State and obtained the license, then maybe that license is legit, but based on what you wrote, it does not sound that way, and so I think you need to be careful about that. But unless you get accused of fraud (and convicted), I do not see how it would have a negative effect on the asylum case. Take care, Jason
Hi Jason,
After waiting for 9 years on pending asylum i finally got my asylum interview a few days ago. The asylum officer told me to come pick up the decision in 2 weeks and today I got phone from asylum office that they will mail it. I was finally glad that i would got a decision finally but now who no knows how many more years they will take to mail decision.
9 years passed just to get an asylum interview, who knows how many more years i would have to suffer this delay.
It is very common for “pick ups” to be changed to “mail outs” and I think it would be best if they stopped telling people the decision will be ready in two weeks, as this happens all the time. In terms of wait time, that is unpredictable, but hopefully, it will not be too long. If it is taking more than a few months, there are things you can do to try to encourage them to give you a decision – I wrote about that on June 2, 2021. Take care, Jason
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
The “circumvention of lawful pathways” rule went into effect on or about May 11, 2023, and so the first thing your lawyer should check is whether the rule actually applies to you. Maybe you entered before it went into effect (the rule basically says if you do not use the CBP-One app to make an appointment, you are blocked from asylum, though you can still get Withholding of Removal or relief under the Torture Convention). There are also some exceptions to this rule that you can try to qualify for. I wrote about this issue on August 28, 2024. In terms of marriage, in general, a person who entered the US without a visa is not eligible to get a GC based on marriage without leaving the US and doing that overseas. Probably, you would need a “provisional waiver,” which is basically a form you complete to ask for forgiveness for entering the US illegally. If that is approved, you then go overseas to process the case at an embassy. Hopefully, you would only be out of the US for a few days or weeks, but sometimes, it takes longer. If that works, you return to the US with a GC. If you wanted to try that, you would probably need to get the case dismissed first. Anyway, all this is pretty complicated and I think you need to go over the options with your lawyer to see how best to proceed. Take care, Jason
Thank you, Jason, for your response.
It’s unsettling to see executive actions being used to potentially circumvent immigration and asylum laws or to be applied based on political considerations and atmosphere. The “Circumvention of Lawful Pathways” rule seems to conflict with established asylum and immigration laws. According to §1158 of the INA, “…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 in accordance with this section or, where applicable, section 1225(b) of this title.” This language is clear and unequivocal (“to me”). Additionally, after examining the INA, I couldn’t find any provision that excludes an asylum applicant solely for entering the United States undetected. On the contrary, the law appears to affirm their right to apply. If these laws can be disregarded by any sitting president, it raises a fundamental question: what purpose do these laws serve?
To address potential accusations of inconsistency, or potentially being accused of hypocrisy, I’d like to clarify that the Obama administration’s Deferred Action for Childhood Arrivals (DACA) program, for example, does not, in my view, violate the INA. DACA is not mentioned in the INA and does not create a pathway to Lawful Permanent Resident (LPR) status without congressional action. If DACA’s intent, without Congress’s approval, were to provide a pathway to citizenship, one could reasonably argue that it contravenes the INA.
Finally, it’s my understanding that East Bay Sanctuary Covenant v. Biden is currently moving through the courts, with the U.S. Court of Appeals for the Ninth Circuit having issued a stay that allows the rule to remain in effect pending further proceedings. I hope that common sense and respect for the rule of law will ultimately prevail.
I agree with you and I think there is a good chance that the circumvention of lawful pathways rule will be found to violate the law, at least I expect that from the federal appeals court. What the Supreme Court will do is anyone’s guess. I do hope that rule is struck down, as it is harming many people (including some of my clients), as they had no notice of its effects, and so it is very unfair. Take care, Jason
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?
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
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?
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
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 ?
I would again refer you to my post of August 21, 2024 for some ideas. Take care, Jason
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.
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
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?
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
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?
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.
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
Thank you Jason
I finally received the approval notice. It had the i94 attached at the bottom of the approval letter. Although, there is no EAD and it says to apply for both EAD and RTD.
Maybe wait a couple weeks if you can, as they may send the EAD automatically. If not, you can apply for it. Take care, Jason
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.
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
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.
Thank you. Hope you also get yours soon. I just feel like I waited the most but of course I don’t know everyone else.