Today is a sad day. It is sad that hate, division, and lies have carried the day in our election. It is sad for our country, which has put its trust in one who is not worthy of that trust. It is sad for the free world, which has traditionally looked to us for leadership. It is sad for our government workers, who strive to serve their country faithfully, but whose efforts have been scorned by the electorate. It is a sad day for those of us who know and admire asylum seekers as some of the bravest, most hard working, and most patriotic people we know. And it is sad for asylum seekers themselves, who have fled persecution and honored our country by choosing to come to the United States, only to be met with falsehoods and hate.
As I write these words, Mr. Trump’s victory has just been called. I have not had much time to absorb the news (though as a confirmed pessimist, I can’t say I was particularly surprised), but here I thought I’d share a few initial thoughts.
The writer Gore Vidal famously observed that Americans get the government that we deserve. Maybe, though the powerful and the rich always seem to do alright, while the powerless and the poor rarely do. In this case, the powerful and the rich used asylum seekers and immigrants as scapegoats: If only we could “secure the border,” everything would be better.
Perhaps it is human nature that people think they will somehow improve their own lot by harming others–whether those “others” are immigrants, minorities or LGBT individuals. The former President’s campaign strategy was a classic move: Find a relatively powerless group, pretend that group members possess some nefarious power to harm “us,” and then punish that group for their phony infractions. Having someone to blame for our problems feels good, at least in the short term. But of course, it does nothing to actually solve our problems.
And I can’t help but wonder what will happen if Mr. Trump manages to “fix everything,” as he claims. What will happen if there are no more “illegals” to blame? I suppose we will move on to the next target and then the next. When we distract ourselves from solving our problems by pointing the finger at someone else, our problems will never be solved.
Mr. Trump will be inaugurated in January, and there will be much to discuss in the coming weeks. Asylum seekers and their advocates need to start preparing now for the hardships to come. In future posts, we will talk about specifics, but for now, here are a few thoughts:
Asylum seekers and migrants are already under great stress. They have fled persecution and are living in a new, relatively unfamiliar land. Many are separated from close family members or face financial difficulties. Those with pending cases do not know whether they can remain in the U.S. or whether they will be forced to leave. Mr. Trump’s looming inauguration, and his hateful rhetoric are sure to increase their stress level.
I am no expert, but it seems to me that it is o.k. to feel afraid and sad. In fact, I am not sure how else to feel at this time. However, we cannot let the bad feelings overwhelm us. One of my favorite philosophers, Rocky Balboa, has said, “It’s not about how hard you can hit. It’s about how hard you can get hit and keep moving forward. How much you can take and keep moving forward.” We need to prepare for the hits, but also, we need to keep moving forward, to keep experiencing joy, to lean on our support networks and let others lean on us. That, as Dr. Balboa says, is how winning is done.
Also, remember that you are not alone. There are many Americans–citizens and non-citizens, inside and outside of government–who are glad you are here, and who will work hard to ensure that you can stay and that you are safe.
Finally, we cannot meet hate with hate. Hate is corrosive and ultimately unproductive to the hater. It may give us an endorphin rush to indulge our hate, but it will always let us down. A life well lived is not a life devoted to harming and bringing down others. Rather, it is a life devoted to serving others, to creating beauty, and to making peace.
That is enough for now. It is a sad day, but I have work to do, and I need to get started…
Hi Jason,
What can we do to increase the validity period of RTD to 2-5 years?
It has literally been discussed with USCIS since at least 2008 and so far there is no change. Maybe something will happen in the next two months, but I would not count on it. I do not know what can be done to force them to move on this, sorry. Take care, Jason
Let them try to effect immigrants, they know it that immigrants are the key to economic activity and development of US and its long term and short term progress and they wont touch the immigrants who have impact on American economy otherwise they wont even exist or exist in a country which will be weak. they will scare and may deport some illegal immigrants who are already in deportation process and some who have done serious crimes, but that is already being done and in place.
Below are the some hardcore facts………. i dont believe this admin will even try to do anything….
The percentage of the U.S. population under 18 has decreased from 25.7% in 2000 to 22.3% in 2019.
The number of children in the U.S. has been declining, especially children under five. In 2023, the under-five population was 4.6% smaller than it was before the pandemic
The ranks of Americans under 20 are declining due to a falling birth rate and a shrinking pool of women in their childbearing years
Between 2000 and 2020, the number of children age 17 and younger decreased 60%
The ranks of Americans under 20 are declining due to a falling birth rate and a shrinking pool of women in their childbearing years
According to the 2023 National Survey on Drug Use and Health (NSDUH), 28.9 million people ages 12 and older in the United States (10.2% ofThe National Assessment of Educational Progress (NAEP) revealed historic declines in American students’ knowledge and skills, with widening gaps between the highest- and lowest-scoring students this age group) had Alcohol Use Disorder (AUD) in the past year1. This represents a significant portion of the U.S. population struggling with alcohol addiction.
* 69% of human resources professionals reported their organization has a skills gap in 2023, up from 55% in 2021
* 70% of corporate leaders say there is a critical skills gap in their organization that is negatively impacting business performance
* 75% of employers are not able to fill job vacancies
* The US has a labor shortage of 70%
*
The manufacturing industry still has 622,000 job openings to fill as of January 2024
1. In 2024, there’s expected to be a 50% hiring gap for AI-related positions
2. 60% of IT decision makers consider AI their largest skills shortage
3. 62% of IT decision makers view these types of shortages as a major business threat
* In the last decade alone, the US has lost about 65,000 small retailers, even as the population and economy have grown considerably
* Similar losses have occurred in other sectors:
* A net decline of 98,000 small construction firms
* A loss of 37,000 small manufacturers (defined as under 100 employees)
* The number of small independent dry cleaners, copy shops, art galleries, funeral homes, and bars all fell over the last ten years
good luck….
I believe all this and I also believe the efforts to deport many people will do great damage to our economy (not to mention our moral fiber). However, I still expect they will do it. Hopefully, their effort will be coupled with some positive moves on immigration to regularize as many people as possible, but we shall see. Take care, Jason
Hi Jason, can you please tell me what document do I need to apply for the refugee travel document after asylum is granted?
Check the instructions to form I-131 to be sure, available at http://www.uscis.gov, but you will need your asylum approval and I-94, copy of passport, copy of any prior RTD, 2 passport-style photos, and the government fee, but you should also double check the instructions to be sure nothing else is needed in your case. Take care, Jason
Hi Jason,
I got the GC through asylum and applied for I-730 for my spouse who’s already in US (have her own asylum case pending interview). I-730 is pending for 18 months now but the processing time shows online only 9 months. My question is Can new administration go after people with pending asylum?
Also, I am going to renew my COP passport as RTD takes forever to process. Do you think nee administration may cause issues whenever I return back to USA with my COP passport? I’m not going to my COP.
@Ana
Lol you wanna renew your cop passport while trump administration is coming back looool ana you’re dead if you do that! Like your really wanna suicide as trump wanted to target the asylees who went to COP while on GC back in 2020 so don’t feel bad if he extends it to whoever use cop benefits like passport! Stay away of this crazy action and wait for RTD even if it take 2 years as you don’t wanna mess up your whole journey for mistake like that
How is travelling with the COP passport an issue when you do not fear your government?? Not all Asylum political. Can you share an article stating the Trump administration was targeting Asylees who travel with their passports? There’s no question on whether you renewed/used your national passport on Form N-400 naturalization. Maybe during the interview, I’m not sure. But again, your asylum claim maybe on the basis of gender, particular group etc.. That question is asked on form I-485 though not N-400. .
In my experience, traveling with the passport for someone who does not fear the home government is not a major problem. I think in the worst case, you would need to explain this to whoever asks (at the border or a USCIS interview), but it should not cause the government to try to take away your status. Take care, Jason
A person can try to expedite the RTD, which is not easy, but sometimes possible – I wrote about expediting in general on January 29, 202. Take care, Jason
It will be difficult for the new Administration to go after people with asylum, and I expect they will focus on easier targets. They may start requiring interviews for all GC applicants (as they did during Trump’s first term), and so be prepared for that, but otherwise, I do not expect that people with asylum will have particular problems. In terms of using or renewing the passport, you should be prepared to explain at any GC interview why you did that, and why a country that wants to persecute you would renew your passport. If you fear non-state actors, this is easy to explain, but it may be more difficult to explain if you fear the home government. It is better to use the RTD if possible, though you are right that the processing time is ridiculous. I wrote more about using your passport in a post dated May 25, 2022. Also, if the I-730 is outside normal processing times, you can inquire with USCIS, and if that does not work, you can make an inquiry with the USCIS Ombudsman – a link is under Resources and that is an office that can sometimes help with delayed cases. Take care, Jason
Keep trying to expedite the RTD. Be very laconic & to the point, and it will work.
Hi Jason, we keep hearing Trump’s plans to deport undocumented immigrants, and have ICE raids, I’m struggling to understand who falls under this category? I have a pending asylum, no interview yet, can I be deported? If ICE raids my work place, can I be put in dention center? I have work authorization that’s valid for 5 years. Do asylum seekers have some sort of protection against this crazyness?
We do not know, as terms like “undocumented” and “illegal” are not terms in the law, and so they have no real definition. However, asylum seekers have a right to seek asylum, and the new Administration cannot easily change that (it would require an act of Congress). So you should have some protection. I suppose technically, they can detain asylum seekers, but that seems unlikely. For one, asylum seekers are not the main target – people who arrive at the border and criminals are supposedly their first priority. Also, there are too many asylum seekers to detain. There are about 4 million asylum seekers in the US, and for comparison, there are currently less than 2 million people detained in all the federal, state, and local jails in the entire US. In short, I think you have some protection. I plan to do a post tomorrow or soon with some ideas to get ready for the new Administration, and so maybe you want to check back in a day or two. Take care, Jason
Asylum seekers should be detained. So this will deter those frivolous asylum applications…
I hope this frivolous comment made your day and filled up the hate cup to the rims. You go!
Hello everyone,
I’m an asylum pending from November 2022 in the San Francisco office. I was considering applying for the O-1 visa as I meet most of its requirements. I’m the only certified tennis coach in my country and used to coach there, as well as organizing local tournaments. I’m currently working in 2 different places here, and I am the youngest head coach in both locations. I always get positive feedback from parents, and I got referred to the O-1 visa by one of the kids’ parents. I want to ask if I’m an asylum pending and applied for O-1 will there be any issues on my status or the application process? And if I get the approval, can I get the visa while I’m in the U.S. and then apply for the green card from the U.S.?
Thank you!
Tareq
I would talk to a lawyer who does such visas to see whether you might qualify. If you do, I expect you will need to leave the US to get a visa, but it depends on your specific situation. There is a law called INA 245(k) that might help if you were applying for a GC, but I am not sure it helps for people seeking a non-immigrant visa, such as an O-1. If you find a lawyer who thinks it is possible, have the lawyer map out in writing exactly how you will get from where you are now to having the O-1 visa. What are the risks? Will you need to leave the US? If so, where will you go (since you should not go to the country of persecution) and how will you return if something goes wrong with the consular processing (Advance Parole may be an option – I wrote about that on September 11, 2017). Take care, Jason
I had my asylum interview 3 month ago at the NY office, I checked the status last night and it says fee waived for application I-75, why is that? I did not apply for work permit.
It is a positive sign. If the fee is waiver, it may mean that USCIS is producing a new work permit card based on asylum granted. You have to be patient, though, and wait for the paper decision by mail in order to know for certain. Good luck, Jason
@Hard enough
It means congratulations, you are granted and automatically they are going to send you a work permit.
Don’t jinx it!
Hi Jason
I am filing for divorce from my US citizen husband. There is a section that reads:- “incorporate and merge the agreement executed by parties” and the other that says And also “Incorporate but not merge said agreement, which shall survive and remain as an independent contract “
I wish to part ways with him for good. We have no children together, we have no properties together , we have acquired absolutely nothing together. Which option should i choose ? One that makes sure we are done and no going back to share anything later or now.
Thank you
Sorry, I do not know about divorce law. You would need to talk to a divorce lawyer. Some courts have pro bono (free) resources for people getting divorced. You can contact your local or state court to ask about that. Try to talk to the clerk’s office and they may be able to point you in the right direction. Take care, Jason
“If you’re in the country illegally, you shouldn’t feel comfortable, absolutely not. I wouldn’t feel comfortable if I were in another country illegally; you shouldn’t be comfortable either,” Homan added. “When you enter this country illegally, you have committed a crime. You’re a criminal, and you’re not off the table.” Tom Homan said
https://www.msn.com/en-us/news/us/tom-homan-responds-to-claims-trump-will-deport-us-citizens/ar-AA1tWQrF?ocid=msedgntp&pc=LCTS&cvid=c8d698ab465e431f93e847eed70c6b41&ei=38
Homan had told CBS News’ 60 Minutes in October that “families can be deported together” when the next Trump administration carries out its illegal immigration plans. Navarro said: “What he is saying is that U.S. citizens can be deported. What he is saying is that if the parent is undocumented and they have U.S. citizen children or U.S. citizen spouses, and you don’t want to separate them, then let’s deport the U.S. citizens.”
https://www.msn.com/en-us/news/us/tom-homan-responds-to-claims-trump-will-deport-us-citizens/ar-AA1tWQrF?ocid=msedgntp&pc=LCTS&cvid=c8d698ab465e431f93e847eed70c6b41&ei=38
This is exactly what they promised to do, so it is not a surprise. I have my doubts that deporting families and disrupting so many people will make our country any better. On the contrary, I suspect it will be a huge waste of resources and we will lose many good people who have been helping our country thrive. Take care, Jason
Loaded question, maybe someone experienced what I am experiencing:
my husband, who was the main applicant for asylum (granted December 2021) is asking for a divorce. I am dependent and we have split shortly before the asylum had been granted. Complicated, but fast forward – my attorney advised me not to file for a GC, as we haven’t lived together, but try to file for my own asylum. We are from different countries. Even though my country is being currently destroyed by the war, I do not have any basis for asking for the asylum.
I consider to move back home.
How do I make sure to leave the US w/o “burning bridges”? Will I be able to get a visa in a future?
If you want to leave, you can do that. However, you can also stay here, get divorced, and file a “nunc pro tunc” asylum. This is a formality, and basically all you need to show is that you were actually married to your husband. You will then get asylum in your own right and get a GC. You do not need to show that you fear harm in your home country. That process has been taking a couple years, but it may slow down under Trump (or speed up – who knows?). Sometimes, you can do a nunc pro tunc after you file for the GC, and so maybe you want to talk to a lawyer about that. If you just want to leave, I am not sure how you give up your status or make it easier to get a visa in the future. I think it will generally be difficult to get certain types of visas (B, F) and easier to get other types (H1b, L). However, if you want to come back here and are not in a hurry to leave, I think it would be a good idea to look into the nunc pro tunc and you should be able to get a GC that way. Take care, Jason
Hi Jason,
I want to follow up on this. When applying for a “Nun pro Tunc” asylum, you said, you have to prove you were married to the principal. Does that mean that you need to provide photos, joint accounts, statements from witnesses etc..? Do they treat it as a marriage based green card? Instead of proving you face fear from returning to your own country? Many people after a divorce do not keep personal items that link them to their former spouse.
I do not know that they need all that, but they can ask for evidence, and so I think you should save whatever you have. You can also get letters from people who know you and can say that the marriage was true. I think for most nunc pro tunc cases, they do not ask for much evidence at all, but Trump might be more strict and so I think it is best to save whatever evidence you have. Take care, Jason
Hi Jason
If I last entered as a F1 student and now got asylum based GC and renewing my RTD.
Is Class of admission(COA) F1 or Asylee when I am applying for RTD?
I would list whatever status you had upon your most recent entry into the US. If you are not sure, make your best guess and then explain in the cover letter what happened. Also, include a copy of the passport, US Visa, and I-94 you used to enter on the F-1 and also a copy of the current passport and the I-94 for asylum (whether you got that upon entering the US or whether you received it in the mail after asylum was approved). Take care, Jason
Pending asylum 3 years, planning filing mandamus – likelihood of getting interview in Virginia. Does anyone has any recent experience?
Thank you.
The wait times for interviews do not seem to be too long. We had a client file a mandamus a few months ago and the interview is later this month. Take care, Jason
@mamdamus
I did
Waited 7 years
Mandamus May 2024
Interview June 2024
Asylum Granted Oct 2024
Arlington offic
@JYJ
Any reference to Law firms who do Mandamus cases?
I don’t recommend lawyers here, but a good starting point to find a mandamus lawyer is here: https://ailalawyer.com/. Take care, Jason
Sir, How gonna u mandamus? What type of documents need?how much its cost?pls let me know?
Mandamus is a lawsuit where you ask a federal judge to order the asylum office to process your case. Prices vary a lot, but hopefully you would not pay more than $3000 or $4000. You should talk to a lawyer about specifics, but before you try that, it is a good idea to try to expedite in the “normal” way. I wrote about that on March 23, 2022. Take care, Jason
Had my asylum 3 months ago and I am still waiting for a decision. I have two questions.
1-My work permit is valid for 4 years, If I am referred to court am I still eligible to work while I am in removal and waiitng ffor the hearing?
2- i am very scared and stress out now my blood pressure is sky high, Can I seek asylum in Canada if my asylum is not granted?
3- Someone just asked something that I have been thinking for a while, what happen to someone asset when you are asked to leave the US? I dont have a house, but will the blocked my bank account?
1 – Yes, you can continue to use the work permit (and renew the work permit) in court. 2 – Normally, there is a rule that requires people to seek asylum in the first country they reach – either the US or Canada. However, there are exceptions to the rule and so if you want to go to Canada, talk to a lawyer in Canada about your options. Definitely do not just try to go there, as I have heard about people who just tried to go to Canada and were rejected at the border and then detained once they were returned to the US. 3 – You will still have access to your bank account, and so if you have not done so, make sure that is set up for online access. Take care, Jason
Should VP Harris run again ?
I feel like she deserves a chance to have a longer campaign, to develop her message.
She is also very qualified…and I cannot see anybody in the dem side that can stand up to JD Vance…
So should VP Harris run again ?
I guess we will see what happens over the next few years and who – if anyone – emerges as a strong candidate. Take care, Jason