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
Appreciate all your help. It’s been 10 + years for me in USA. I was interviewed for asylum interview after 8.5 years last month and results pending. I recently heard about cancellation of removal. Question is if I got deferred to court, can I apply for cancellation of removal. I match most of the criteria with a us born toddler. What are the chances for approval? How long the process takes if approved? Thanks
You have to have at least 10 years in the US prior to the date you are referred to court (once you are referred to court, the “clock” stops for purposes of calculating the 10 years). You also need to show that your US citizen or GC child, spouse or parent will suffer extreme hardship if you are forced to leave (the asylum case can be part of that hardship; also, if the relative has physical or mental health issues, learning disabilities or other problems that you help with). You also need to show that you are a person of good moral character. You can apply in court for Cancellation and also for asylum (and other relief). If you win Cancellation, there is a long waiting period to get the GC – it is at least 3 or 4 years and gets longer all the time, though you can get a work permit while you wait. If you get referred to court, you can discuss specifics with your lawyer, but certainly you should consider Cancellation if that is an option. Take care, Jason
https://www.foxnews.com/politics/trumps-border-czar-warns-dem-govs-rejecting-trump-deportation-plan-get-hell-out-way
“If you don’t want to work with us, then get the hell out all the way, we’re going to do it. What it means is, rather than send 100 people to Boston, we’re going to send 200 agents to Boston. We’re going to get the job done,” he said.
However, he warned that it does not mean anyone is off the table. “If you’re in a country illegally, you’ve got a problem.”
Thomas Homan, who President-elect Donald Trump appointed as “border czar” on Sunday night, has a clear message for any Democratic governors who oppose the planned mass deportation operation.
“If they’re not willing to help, then get the hell out of the way because [Immigration and Customs Enforcement (ICE)] is going to do their job,” Homan, who was acting ICE director during the first Trump administration, told Fox News Digital in an interview on Friday.
They want to bully and intimidate people. They also hope to scare immigrants so they leave on their own. But immigrants, like everyone else in the US, have a right to due process of law, and if they try to steamroll over that, everyone who cares about the rule of law needs to work to stop them. Take care, Jason
Hi Jason,
Thank you so much for being sympathizer with all of us going thru immigration process;
While I was waiting for my MCH at IC in Baltimore, I got married to a U.S. citizen. My spouse filed an I-130 petition, which was approved, and following that, I submitted my AOS application in Sept 2023. I included all required documentation with the assistance of an attorney, including our child’s birth certificate and a letter of case termination from the government prosecutor.
However, I have NOT yet to receive a decision on my I-485 application. When I contacted USCIS, they informed me that my application (IOE0x2xxxxxxxx) is currently pending review by an immigration officer at the Boise Field Office. They indicated that I should receive further information regarding my case within the next 60 to 90 days. If I do not hear back within this time frame, I was advised to contact the National Customer Service Center.
Should I wait until the end of December to follow up? Also, do you think any changes with the new administration could impact my case? Thanks
GC cases based on marriage can take a while. I doubt the Trump Administration will do much to change that. If your case is inside the normal processing times, there is not much you can do (you can check processing times at http://www.uscis.gov). You can try to expedite – I wrote about that on January 29, 2020, but that will be very difficult. If your case is outside the normal processing time, you can inquire with USCIS and if that does not work, you can contact the USCIS Ombudsman – a link is under Resources and that office can sometimes help with delayed cases. Take care, Jason
Hello Sir Jaso, you are a very good person and have a good heart. Thank you for all you do for this community. I am from Cameroon and was tortured by the Biya government. I was super lucky to have escaped. I applied for asylum in 2020 and still have not heard anything concerning my Asylum interview date. I am so scared right now with Trump coming in and he has the house, the senate, the white house and the supreme court so nothing can stop him from sending us away. I have two questions for you please
1) if he deports us, how do I have access to my 401K, Social security, sell my house and other assets here in the USA
2) If he returns me and other Asylum seekers from Cameroon, to Cameroon that will be the end of us, they will kill us there because the war in Cameroon is still ongoing and the regime is still persecuting people like us who want a peace separation of Cameroon. Can I request that the US government execute me here instead of spending money to take me to Cameroon where I will still be executed? At least here, my remains will be given some respect.
3) I have a 9 year old US son. What will happen to him if I am about to be deported? my wife, his mother is a derivative on my case.
Thanks so much in advance for your answers
1 – Before you worry about this, you definitely should prepare your asylum case and try to win. I think there is a good possibility that most asylum seekers will not be affected. At least they should have the opportunity to present their cases. That said, it is good to have a plan. Have access to assets online and maybe have someone you trust who can do a power of attorney if needed. 2 – Again, obtaining evidence and preparing a strong case is your best protection. 3 – If you have been in the US for 10 years or longer and you get referred to immigration court, you may be eligible for Cancellation of Removal, which is a way to get a GC (in addition to asylum). You cannot do this unless your case is in court, but it sounds like you may have several defenses to being deported. I would focus on preparing your asylum case and hopefully you can win. Take care, Jason
Hi Jason,
Hope you’re doing well; I applied for my green card 15 months ago based on granted asylum(I received my asylum after file a write of mandamus) for my green card do you think it’s a good idea to file a write of mandamus on my own and receive my green card by Feb 1st before trump or it could be risky?(attorney will cost 5k again)
I do not know how effective a mandamus is for a GC, but maybe that would work – I guess see if the lawyer has done that before and if the lawyer thinks it will help. I am not sure that the Trump Administration will have much effect on the GC process, but no one knows their plans yet. Do note that Trump will be inaugurated on January 20, 2025. Take care, Jason
omg trump just brought the cruel Stephen Miller back to the White house!!!!! Tom Homan in the morning and now Stephen miller!!!! there will be a massacre of deportations in the next 4-6 months!!! get ready y’all !!!
https://www.foxnews.com/politics/vance-congratulates-miller-new-trump-administration-position
……………………………………………………………………………..
Miller was a senior adviser in Trump’s first term. He helped craft many of Trump’s hard-line speeches and plans on immigration.
VANCE CONGRATULATES MILLER ON NEW TRUMP ADMINISTRATION POSITION
Hello, I am a pending asylum applicant and currently working as a registered nurse, I want to apply for EB-2 NIW as I have gotten in touch with a lawyer. I sent my resume to him and his response was that I have 70% success rate. I asked him that I learnt that will I not be asked to go to any country except my country to go and obtain a visa to travel back to the US if my application is approved, His response to this is, ‘then you don’t need to leave US, you can adjust status from within the US based on approved I-140 under the matter of Orban (case law)’. Also, would I be allowed to have two applications submitted with USCIS and not be asked to withdraw the asylum application.
Please I need more clarification on this before I proceed with EB-2 NIW.
Regards.
Egbo
You can have two applications pending and if you get the GC, you can then withdraw the asylum case. As for getting the GC inside the US, it depends on different factors. I do not do such cases, but my understanding is that if you filed for asylum while you were still in lawful status, you may be able to get the GC in the US based on a section of the law called IN A 245(k). The relevant case may be Matter of Orban, but I am not sure about that, as I do not do these cases. I would have the lawyer map out for you in writing, step-by-step, how you will get from where you are now to having the GC, and to identify the risks (for example, why is there a 30% failure rate). Take care, Jason
From my research EB-2NIW don’t apply to nurses unless you are engaged in research and published a lot of papers. Please ignore lawyers and do your own research before being scammed. I am health professional too and did deep research in 2022 and found out that NIW is of no use for health professionals, Good luck
As I understand it, the NIW required that your work be of “national” value, and so if you are helping patients, that is not of national value since it is only helping the one person or family. Research on a disease, for example, helps the whole nation, as everyone benefits from that. And so that may be the explanation. That said, it is worth talking to a lawyer about the specific situation, though of course, you do need to be careful that the lawyer knows what they are doing. Take care, Jason
Jason. Hello.
I am an asylum applicant with with a 10 year ban if I leave the country. I recently read about EB – 2 NIW. If I qualify and leave, will the 10 year ban still be held against me? Or would I be able to secure a waiver to return? Did you deal with anything like that in your professional career? Thank u
I do not do such cases, and you would need to talk to a lawyer who does EB-2 and consular processing to know. I would have the lawyer map out for you in writing, step-by-step, how you will get from where you are now to having the GC, and to identify the risks. Assuming you have 1+ year of unlawful presence and you leave the US, I think the bar will apply. Even if the waiver is successful, it usually takes at least a few years, and so you need to be prepared for that. Also, it may be possible to get the GC without leaving the US. In your case, because of the unlawful presence, I think that is very unlikely, but if you are discussing this with a lawyer, you should explore all the possibilities. Take care, Jason
Hello Jason,
Thanks for all your help that you are providing for the asylum seekers. I am a PhD student studying in one of the universities here in the US and I am on F1 visa, and few months after arriving to the US I decided to apply for asylum because I am facing a well founded fear if I return back to my country of origin after finishing my studies. After applying for asylum I did receive the biometrics appointment from USCIS which I completed and provided my biometrics to them and I am currently waiting for them to schedule my asylum interview. However, currently I am still paying a hefty amount of tuition fee because the university is charging me the international student fee. Do you think I can be considered a local and not international based on the fact that I have a pending asylum case? If yes do you suggest if I speak with international student’s office in my university and disclose with them the fact that I am an asylum applicant, that way they can at least charge me the tuition that they take from locals (American citizens and permanent residents ) and not the one that they charge the international students which is way too high.
I would really appreciate if you share your valuable insights on this matter because at the moment I am facing extreme financial difficulties and I can’t apply for jobs outside university because I haven’t received a work permit from USCIS after applying for asylum and my F1 visa is very restricted which is not allowing me to work outside the university campus.
Thanks,
Sammy
@SAMMY
Unfortunately, as a pending asylum seeker you have no rights to be treated like a GC holder so that you won’t have any less fees that what you paying now cause until this moment, you’re not asylee and there is no guaranteed that your case will be approved so nope you can’t pay less for now!
I am not an expert on this, but as far as I have seen from my clients, they only pay in-state tuition if they win asylum. They cannot get in-state tuition just by applying for asylum. However, these rules may vary by state and by university, and if you are comfortable speaking with the university about your asylum application, I think it would be worthwhile to see if they can help you. Also, for people with a student visa who are facing financial hardship, I believe it is possible to get a work permit to work outside the university, at least part time. You can ask the university about that too (or if you do not want to tell them about your asylum status, you can ask only about the work permit). Take care, Jason
Hi Sammy,
Again, This @Adam guy doe does not know what he is talking about. I would suggest checking with your school, most definitely the financial department. In some states, pending asylees are eligible for In-State Tuition, provided that the pass other requirements. In New York, you are eligible after one year of residency. Again, check with the school an good luck to you.
@CORDY
hahaha everyone knows who is the one who doesn’t know what he is talking about!!! since when asylum pending applicants are eligible for in-state tuition?? dude go eat SH** cause apparently you DON’T know what you’re talking about and trying to spread fake news and ignore the facts to make these fellow asylum applicants like feel better by ignoring telling them the truth!!
Adam, Your “King” does not have to pander for your vote anymore. He got what he has always wanted. Stay out of jail. Now, you are up for a rude awakening when he’s not going to keep any of his promises, and you are actually worse off than you were when liberals fought for your clean water, air, and rights. Come on dude, no immigrant is keeping you down. Go get a job. Dream big.
@Cordy
He’s not going to fulfill any of his commitments. wow So, he won’t send back millions of illegal immigrants. Dude, he just brought in the most ruthless and unemotional Tom Homman and Stephen Miller today, so we’re in for a big wave of deportations with these two. They’re not messing around! I’m an ex asylee and a GC holder, and I plan to apply for citizenship in a year. I’m in favor of deporting anyone with a fake asylum claim and those who entered the country for economic reasons, not genuine asylum. Plus, we all know over 75% of these individuals don’t have legitimate asylum claims, but they fabricate stories to come here and profit. We need to clean the country of these individuals abusing the asylum system! Elon Musk is a strong advocate for deportations, even though he’s an immigrant himself. He wasn’t born or raised here, but he’s among the first to support mass deportations. We’ve worked hard and long to get where we are, and it’s absurd to see people come here and exploit the immigration system like this.
I am not sure what evidence you have that 75% of asylum seekers don’t have legitimate cases. I agree that some are economic migrants, but anti-immigrant people make this claim largely to avoid the moral responsibility of returning people to countries where they face harm. Take care, Jason
Lol, im sorry. I can’t take you seriously, man. You’re telling me you’re an Asylee with green card but don’t like the way people like you want a people life for themselves??? This is gold. I heard people like you existed, I never thought I’d come across one here.
No, his agency will be derailed for the simple fact that there isn’t enough immigration judge to fulfill those promises. Anybody within the US has the right to a hearing. All he can do is cause more pain and confusion for those that actually want to do it the right way. Asylum seekers should not fear Trump. He’s an old man with a lot of grievances. But even that will pass. A time will come when people will see through the lies. Asylum seekers are resilient and are by definition used to harsh conditions.
@cordy
hahahah keep dreaming and hopefully packing because he will hire tons and tons of judges plus when he ends TPS he can deport these folks and the supreme court on his side so even if there is a legal challenge by a fedral court in democratic state then the government will appeal and take it to the supreme court and as usual they will go on trump side and then the order will be a final decision as no one can appeal for a supreme court decision so dream as you want but mega deportations are coming no matter what price tag is it as he said many times!!! if you are here illegal cordy then enjoy your last months apparently
Adam, there is a popular saying… when you are digging a grave, you should dig 2.
Hi Jason,
I’m reaching out to discuss my eligibility for a green card. As a DACA recipient, I traveled to my home country and returned last year using Advance Parole. Notably, my mother is a green card holder.
Could you advise on my options for obtaining a green card? Specifically:
1. Can my company sponsor me for a green card?
2. Am I eligible for a green card through my mother’s status?
3. Any other options that I would qualify for?
Thank you for your guidance.
I do not do much with DACA and so I think you need to talk to a lawyer or non-profit that has more experience with such cases. That said, a few thoughts: 1 – A company could sponsor you if you meet the requirements for an employment-based GC. Whether you would need to leave the US to get the GC overseas, or whether you can do that in the US, I am not sure. If you talk to a lawyer, I would have the lawyer map out for you, step-by-step, how you get from where you are now to having a GC, whether you need to leave the US, what are the risks, and if you must leave the US, what is your back-up plan if you cannot get the GC (generally, that would be Advance Parole, so you can still return to the US even if the GC does not work out). 2 – She can file for you, but there is a long wait. You can Google “DOS visa bulletin” to look at your category and see the wait time (assuming you are over 21, the category is adult children of lawful permanent residents). Also, if you are married, your mother cannot sponsor you until she is a US citizen. Assuming you do this, you would probably need to leave the US to get the GC, but you would want to talk to a lawyer to know that for certain. 3 – It depends on the situation. You could do a consult with a lawyer to review your situation and think about options. I do know that there are people within the Trump Administration who will want to create status for DACA people (maybe in exchange for tougher immigration laws in other areas), and so I think that is not impossible (though it may be unlikely given the large number of anti-immigrant people coming in to the new Administration). If it does happen, it will be in the news, and so keep an eye open for any changes, positive or negative. Take care, Jason
Trump just hired the most heartless guy ever!! Now cray deportations will take place :
Trump says former Ice director Tom Homan will be in charge of borders and deportations
https://amp.theguardian.com/us-news/2024/nov/11/tom-homan-donald-trump-border-czar-immigration
……….
, Homan told this summer’s Republican national convention in Milwaukee he had “a message for the millions of illegal aliens who Joe Biden allowed to enter the country in violation of federal law – start packing, because you’re going home.”
At a panel on immigration policy in July, Homan said: “Trump comes back in January, I’ll be on his heels coming back, and I will run the biggest deportation force this country has ever seen
This is not a surprise, as it is exactly what Trump has been promising. There are major legal, economic, policy, and logistical challenges to what they want to do, and so we will see how they proceed. Take care, Jason
I think Tr*mp will also try to reshape the court…right ?
So basically he will be able to appoint judges/justices to agree with him…So the court probably won’t be able to stop him ?
It will depend on many factors, but I am sure he will continue to appointment judges to the various federal courts, and if his last Administration is any predictor, many of them will be very ideological. Take care, Jason
Hello Jason, thank you for what you do. My biggest question is, what is the definition of undocumented immigration? Does this include us, the Asylees since we are documents at least with the application receipt and work permits? Who Trump is referring when he keep saying ‘illegal immigration’s’? Does this include who have filled asylum during the allowed normal time or there are over 11 million “illegal immigration’s’ Who have never filed for asylum nor doesn’t have any other legal documents? Among the asylees, is he referring those who came through the border illegals and those who come through the airport legal? The term itself is too vague for me and wanted to know in which category I’m at. I’m an asylee waiting for my initial interview since 2016.
@asylee
First of all you, you’re not officially recognized as an asylee until you receive approval, so until then, you’re classified as either an asylum seeker or an asylum pending status, neither of which is considered a legal status unless you have a valid student visa or something like that bug as a pending asylum applicant This is not a legal status at all, and you’re merely seen as an undocumented immigrant awaiting an interview, being asylum pending doesn’t fully shield you from Trump’s policies but He can’t simply send you back without expediting your court and office hearings ehoch will happen eventually . Additionally, if your application is rejected by the Board of Immigration Appeals (BIA), legally, Immigration and Customs Enforcement (ICE) has the power to deport you, regardless of whether you appeal to a federal court later on.
@Youy, this might be the fact but you made the fact hard to swallow. Simply you scared me! Hope what you wrote isn’t true at all since at least Jason isn’t sure about it. Looks like Youy is a nickname for Thomas Homan lol. Take care!!
I don’t think your classification is accurate. People with pending asylum cases are not considered undocumented. While they may not have lawful immigration status, they do have lawful presence. Undocumented individuals are those who lack any type of immigration records in the U.S. As a pending asylum seeker, you have certain rights, which makes it more challenging for the U.S. to deport you.
The problem is that the term “undocumented immigrant” or “illegal immigrant” are not legal terms. They are used by non-lawyers and do not have a precise definition. Take care, Jason
@mike
Youy is correct! pending asylum applicants are undocumented folks with pending cases that let them stay in the country until they get interviewed but they have no legal status and considered undocumented and even if you get denied at the asylum office they send you letter saying you were illegal and not supposed to be in the country since day one when you applied for asylum when you have no other visa!! sadly you have swallow the hard pill of truth .
It is a good question, as no such term exists in the law. I expect we will see a broad-based attack against non-citizens in the US, but the main focus will be the border and people with criminal issues (this is nothing new and has always been the case). I expect we will also see an end to Temporary Protected Status, at least for some countries. In terms of asylum, a non-citizen has a right under the law to file for asylum (including at the border), and so how the new Administration will deal with asylum seekers, we will have to wait and see. Last time, they increased the focus on fraud and slowed down the processing of many asylum cases. Of course, given that processing of affirmative cases is already basically moving at zero miles per hour, I am not sure how much more they can slow that down. Take care, Jason
Asylee, Jason already responded but please allow me add my two cents.
If you have a pending asylum application in the United States, your immigration status can be considered somewhat complex.
While your asylum application is pending, you are generally considered to have lawful presence in the U.S., meaning you are not unlawfully present- and that is important to note- which can be an important distinction in immigration matters. You are allowed to stay in the U.S. legally while your application is being processed.
Technically, you may still be considered “undocumented” if you do not have a current visa or lawful permanent resident (LPR) status, as the term often applies to individuals without formalized immigration status (such as a visa, green card, or citizenship). However, “undocumented” is not a precise legal term. Immigration authorities typically consider you to be in a period of authorized stay while your asylum application is pending, which means you’re not accumulating “unlawful presence.”
Having a pending asylum application provides you with protection from deportation while your case is being considered. This is currently the law in the U.S., which is similar to international asylum/refugee laws, to the best of my understanding. If the incoming administration thinks otherwise, obviously their interpretation, or actions, would be challenged in the courts.
Therefore, while you might technically be considered “undocumented” in some contexts, a pending asylum application gives you a lawful presence in the U.S., which provides certain legal protections and eligibility for work authorization and remaining in the U.S. during the pendency of your asylum application.
Dear Jason,
I filed for Asylum based on religious conversion in 2018 and got interviewed in early 2019. I adjusted my status through EB in 2023 and withdrew my Asylum application. I have an ailing mother and I would like to visit her in COP. My visit will be short and I doubt there would be a problem for me there during a short visit. My concern is whether I am likely to face problems when I apply for naturalization in the future. Is it common to be questioned for such thing? Does the fact that I withdrew and was not granted Asylum change anything? If any problems comes up, is it an automatic rejection or questioning and if questioning is it during an interview or it could be in writing?
The fact that you withdrew the asylum application does not erase the fact that you filed for asylum, and so I do think you should be prepared to explain (with evidence) why you returned home and how you stayed safe, in case you are asked. I would not submit evidence about this, but I would have it available and I would think about the explanation beforehand. Hopefully, they won’t ask and it won’t be an issue, but it is good to be ready, just in case. Take care, Jason
For asylum-based GC holders applying to naturalization, would the new administration make it more difficult? Especially for those who visited the home countries multiple times while on GC?
@BOB
Steer clear of applying for citizenship until Trump departs! You’ll be in hot water with USCIS under Trump’s administration, especially he wanted to target these people who visited their COP after asylum was approved and then Biden was elected, but Trump returned and that’s why numerous lawyers were advising individuals months ago to postpone their COP applications until they become citizens, as Trump might return. Unfortunately, some didn’t heed this advice and are now dealing with the consequences of their poor choices. Best of luck, but you’re not in a favorable situation at the moment.
And let the fear lingering begin.
@Adam l, do you have any evidence of what you are saying? During the 1st Trump administration, naturalization applications were still accepted at a high volume until COVID hit and literally all applications were delayed. Visiting the home country is not in itself a disqualifier. Like Jason said, you should at least be able to explain.
Lawyers have always advised against traveling to the COP regardless. If you come here to disparage people, please get lost.
I would make sure you have a copy of all the forms you filed. When you apply for citizenship, you want to be sure that everything is consistent. Last time, the Trump Administration looked closely at applications for inconsistencies, and so it is best to make sure your citizenship forms are consistent with prior applications. If you need copies of the old applications, you can get them by filing a Freedom of Information Act request with the Immigration Court and with USCIS. You can find more info if you follow the links under Resources called FOIA EOIR (for court) and FOIA USCIS. In terms of traveling to the home country, that is more difficult to know. I would try to get an idea about how citizenship applications are being treated and how closely they are looking at them. At a minimum, you should be able to explain why you returned and how you stayed safe. This is easier to do if you fear a non-state actors, such as a terrorist, and more difficult if you fear the government itself. I wrote more about this on January 6, 2016. Take care, Jason
Jason, I agree with your perspective. Although I recognize that the Trump administration may focus on targeting immigrants within the U.S., it’s important to move away from fearmongering and baseless assumptions. This doesn’t help anyone. Instead, we should focus on ways to actively support immigrants, those in the U.S. lawfully and unlawfully. We can make a difference by donating to pro-immigration and pro-asylum organizations and by volunteering, for example. This is not the time to give up or spread panic; it’s the time to prepare and take constructive action.
People need to start preparing, and so I think there are things that can be done now, even though we do not know yet what the new Administration will try to do. I certainly think that we should not be panicking, but as they say, hope for the best, prepare for the worst. Take care, Jason
Hi Jason ,
I’ve had two asylum interviews—one in October 2023 and the second in July 2024. I noticed some progress on my account last October; my status changed from ‘decision pending’ to ‘application pending’ and then back to ‘decision pending,’ which made me think a decision was coming soon. However, with the new administration, I’m not sure if things will move forward now. I watched a video of Trump discussing his proposal to automatically grant Green Cards to college and university graduates. Do you have any details on what he said about this during his campaign?”
We do not have any concrete proposals yet and so we do not know about this idea, but given all the negative rhetoric, I would not count on this. If it happens, it will be big news and you will hear about it. For now, if you want to inquire about your pending decision, I did a post on June 2, 2021 with some ideas. Take care, Jason
Hi Jason,
Thank you for your great guidance. My case was approved by judge in July and waiting to apply for adjustment in January. As we have seen during last administration many asylum seekers were receiving their GC in 1-2 years. Do you think Trump administration will create some delays or difficulties people like me waiting for 6 months to apply for AOS and will extend the time duration to get the GC?
On February 6, 2023, I wrote about the new rule that allows people to file for the GC less than one year after winning asylum. Whether Trump will change that, we do not know. Last time, they made a requirement for all GC applicants to receive interviews, and this slowed down the GC process. We will see whether that returns or not, but I do expect processing times to slow down, as they will be focusing more on searching for fraud and enforcement. Take care, Jason
Hi Jason, What do you think should be the fate of an asylum applicant whose immigration court case was terminated on the grounds that he became married to a US citizen, and his I-130 is pending for over 15months and counting, while the 485 was filed after the dismissal, and is less than 6 months since it was filed. In view of the incoming administration, should he apply for a Co9 EAD, even though he has a Co8 that is expiring in 2028?
I doubt that such a case will be affected, though processing times may start to slow down even more. I would not file for the C-9 EAD at this point, as employers seem to accept the c-8 EAD for as long as it is valid, even if the underlying asylum case was dismissed. If you hear that that is changing, you can certainly file for the c-9 card, or if you just want to be more cautious, you can also file for the c-9 card. The only reason not to file for the c-9 is to avoid the filing fee, and so if that is not an issue for you, you can file it. Take care, Jason
I mean, after all, he is a convicted felon…right ?
So in US today, a convicted felon doesn’t need to do time ? Am I understanding it right ?
I am worried that Russia & China will be strengthened in the next 4 years. It will not be a good development…
My support for Kamala Harris is also rooted in the lens of foreign policy. Under Trump, I am worried that demoracy will recede and autocracy will ascend.
Who should be the next democratic nominee against JD vance ?
Hello Jason,
Thank you for all what you do .I have a concern,should Asylees who have been granted asylum and they have applied for GC but they haven’t received them yet ,worry of the deportation if the new administration decides to deport people..
I do not think that is a worry. It sounds like they have many other targets before they get to asylees, and last time, asylees were not really affected (other than the delayed process to get a GC). Take care, Jason
Hi Jason my case is pending since 2016 Iam unable to understand what to do should I expetide for interview or should I wait for the interview ,in the trump presidency does it affect my case in interview??
Please can you suggest me for the next step
Even if you could expedite your case, it seems very unlikely that you could get an interview and a decision before Trump comes into office. It is generally very difficult to expedite, as the system is such a mess, but you can try. I wrote about that on March 23, 2022. Whether Trump will affect the asylum system, we do not know, but last time, they did make it harder for certain asylum seekers to win their cases – people who feared gang violence/criminals and people who feared domestic violence in particular. For other types of cases, there was generally less effect or no effect. However, we do not yet know their plans for asylum and so we will have to wait and see. Take care, Jason
Hi Jason,
I’m reaching out regarding my asylum case, which has been approved by the court. I applied for a green card nine months ago and recently received a letter scheduling an interview. Could you advise if this is a standard procedure or if there’s reason for concern?
Thank you.
Some people get interviewed and others do not, and so this is nothing unusual. I would not expect a detailed interview about the asylum case, but it would be good to review that case to refresh your memory. Also, maybe double check your I-485 form for any inconsistencies with the asylum case and be prepared to explain those. Take care, Jason
Jason, Do you think Asylee ( granted) will be affected immediately with Trump administration?
I do not think so, but I would expect a slower process to get the GC. Take care, Jason
Hi Jason,
You had an article last year about the 1 year bar after being granted asylum to apply for green card. I was grated by IJ last may after being pending since 2016.
Can I apply now or still what.
Thanks
Hi Sheri,
In my opinion you should have applied months ago my friend also granted last year around may and he got his green cad this week so in my opinion do not hesitate and apply before January 20th.
Many lawyers including me have been recommending that people wait at least 6 months after winning asylum before they apply for a green card (assuming they meet all other requirements). I wrote about that on February 6, 2023 and I explained the reasons. Take care, Jason
Hi asylum community,
I got this email yesterday from ASAP advocacy group and I thought it would be helpful to share with everyone.
ASAP members: Donald Trump won the U.S. presidential election, and will become the president of the United States on January 20, 2025. ASAP believes that asylum seekers should consider taking the following steps before January 2025:
1- Apply for your first work permit if you are eligible, even if you do not plan to work.
2- Apply to renew your work permit if your work permit will expire before 2029.
3- Consider applying for Temporary Protected Status (TPS) in addition to asylum, if you are eligible.
4- Consider applying for another immigration status besides asylum, if you are eligible.
5- Sign up for free ASAP membership to get urgent immigration updates.
https://asylumadvocacy.us14.list-manage.com/track/click?u=5f6653752c18334a87e27f074&id=d0016dcc0b&e=89ea1ae3c0
I agree with all this except #2. My understanding is that the earliest you can file to renew is 180 days before the current card expires. I guess a person can try to renew before then, but I think there is a real risk that their application would be denied. On the other hand, the only thing they have to lose is the filing fee, and so maybe that is not so terrible. Take care, Jason
Thank you Jason, I personally emailed ASAP and asked the same question “what if the application get denied if we apply earlier than 180 days before the expiration day?” but they are pretty sure that it is not going to be denied.
I will comment later
I would feel better if they said that they actually did it and it worked. Unless I have more concrete evidence about this, I would not advise my clients to file early, but each advocate will have to make their own decisions about this, and maybe they have more info about what USCIS is doing than I do. Take care, Jason
Jason, my attorney filed my asylum application and representing me and my wife before immigration judge. I am divorced now with my wife, so Can same attorney represent both of us in court? She has different court date and I have different court date now after divorce. My ex wife wants to keep same attorney because she was on my application before divorce and she already filed her own application with same attorney before divorce( after our master hearing). If she is represented by same attorney, how can it affect my case? And most important, can same attorney represent both of us after we are divorced? Thank you.
It should be possible for the same attorney to represent both people after a divorce, but there is a conflict of interest and both people would have to agree to waive the conflict in writing. The attorney would also have to be comfortable representing both people and some lawyers might not be. Assuming the conflict is waived and you both have a lawyer, it should not affect your asylum case (though I suppose if the asylum case involves persecution from your spouse, it could be an issue, but otherwise, I do not see how it would affect). Take care, Jason
Hi Jason
I am an asylum applicant and have been in the process for over 8 years. My case has recently been transferred to Immigration Court. My passport has expired, but I need a valid one to take a test for my professional license, as they only accept a valid passport as proof of identity. Given your experience, would renewing my passport affect my court case, or would it be safe to proceed? I have supporting documentation for my situation as well!
You will have to balance the need for the passport against any negative effect on your case. If you do not fear the home government, but instead fear non-state actors (like terrorists), then this should not be a problem and is easy to explain. If you fear the government, you should be prepared to explain why you renewed your passport and why a government that seeks to persecute you would be willing to renew your passport. I have had clients do this and we have been able to explain (for example, maybe the embassy does not check “wanted lists” or the country does not have a system to find low-level political opponents). I do think it will be important to be able to explain this, as it could affect an asylum case where you fear harm from the government. Take care, Jason
What if the main prosecution was by police and mainly based on nationality and that i belonged to a certain group? Police doesn’t have this kind of power to control passports,embessies and etc. the problem is that government doesn’t care about police brutality or rights…
You can explain that, and I think that sounds reasonable. However, I do think some asylum officers might be less willing to accept the explanation than others, and you need to understand that there is some risk here. Overall, I expect the risk to be low, but I do not think it is zero. Take care, Jason
Hi Jason. Regarding a green card holder (former asylee) traveling with their COP national passport (to a third neutral country not the COP), I have seen many times your advice to have an explanation ready in case they ask but actually I have never heard of an occasion where one had to really explain it. Until now. So did you have clients that were asked and had to explain why they traveled with their passport? Were their clients green card holders? When were they asked: in the port of entry or during the citizenship application process? Thanks
I do not recall having a client asked (though many of my clients travel and I do not necessarily know what they are asked, as I am not there when they re-enter the US), but they could be asked and there is no harm in being prepared to answer. I have had clients questioned about their asylum case at the citizenship interview. Those questions tend to be pretty minimal, but again, preparing for possible questions is not so burdensome and it will help if you are asked. Take care, Jason
Hi,
I received a call in G56 letter from Ice. It says to come in connection with “an official matter” and reason for appointment listed as “Interview”. My master hearing is Nov 25 of this month. Should I be concerned? I don’t have a lawyer yet. I live in in NY parttime and my court and ice office is in Michigan, could that be the reason?
I do not know why they would call you in, as their letters do not say, but when I have seen similar letters, as long as the person complies, they have been fine and have not been detained. If you have thus far attended all hearings and you have a pending asylum case, I do not see any reason why they would detain you (unless you have a criminal issue). So I think you will need to attend. Bring proof of the pending court case and pending asylum case (copy of documents). Also, I would bring some proof that you live in Michigan – lease, bills, driver’s license (if it is in MI), etc. You should also be prepared to explain about the address issue and how you split your time between the two states. Take care, Jason
Thank you very much Mr Jason
Please keep us updated !
Thank you very much for your quick reply. I have never traveled back to my COP since applying for asylum although I traveled several times to third neutral countries using my passport. Those were countries located far from my COP. And I have never renewed the passport after being granted asylum either. I have never had an issue returning to the US after those trips but now I am preparing for my citizenship interview so I am worried. Specially after Trump won. How do you compare your experience with your clients applying for citizenship during Trump and Biden terms? Did they scrutinize the citizenship applications much more during Trump? My asylum case was legit and I am not worried about fraud but Trump winning always gives anxiety.
They did scrutinize cases more closely under Trump. However, in a situation like yours, I do not remember ever having a problem. I would be prepared to explain why you used the passport, but other than that, I think you should be fine. I wrote more about using the passport as an asylee on May 25, 2022. Take care, Jason
That is worrisome. How did you notice that they were scrutinizing citizenship cases more closely under Trump? Were they denying more cases? Or even issuing more RFEs? Or even taking longer to adjudicate? Thanks
They were asking more questions and the processing time slowed down. I do not recall that anyone was denied, though many people were annoyed. Take care, Jason
Hi Jason,
I’ve been in pending asylum limbo since 2015 (haven’t been interviewed yet). Obviously affected by Trump’s LIFO rule from his first term, only to have been exacerbated under the Biden admin. I am now seriously considering mandamus, as a Hail Mary, within these next 2-3 months before inauguration. Would this be sensible/advisable? Or, would it be too little too late at this point? I’ve already inquired with USCIS but to no avail. I could also reach out to my congressman, but I know mandamus is generally a better bet on actionability. I don’t see any other amnesty around the corner, however, I’m thinking it might also help to stay “under the radar” for a while longer and bite the bullet so to speak given the looming uncertainty in and around the asylum system, but then who knows if there would be any guarantees to a new EAD if Trump decides to strike that down too.
Welcoming your thoughts and will be following closely with the updates you post on this forum. Thank you for all the work you continue to do to provide us with a guiding voice and platform – your work is very much appreciated!
Best, JJ
Before you file, talk to a lawyer who does mandamus cases in your area and see what the time frame is. In many parts of the country, even a successful mandamus takes a few years, as many people have filed such cases and there is now a backlog. Also, you would want to evaluate the strength of your case, as there is no point in doing a mandamus and then losing the asylum case. Then you will be in court, where you are one step closer to potentially being deported. If you live in an area where mandamuses go fast and you feel confident about the asylum case, I think it may be worthwhile to give it a try. Things will not get any easier after January 20, and so taking action now – if it is possible – is not a bad idea. Take care, Jason
Now that Trump wins, the next goal is to defeat JD Vance in 2028.
So…what should democrats do ? is there a list of action items ?
This is a big discussion that will take place over the next couple years. I do plan to write something on this topic related to asylum, but that won’t be immediately. Take care, Jason
Hello Jason
My asylum was granted for AO October 3rd
Do I should apply for a green card before January 20th? I know many lawyers recommend at least 5-6 months but the possibility that he change this possibility are very high.
2. How safe will be for Asylee Travel with RTD
3. Do you think Green card application could take longer times?
Hi Jason
I have been pending asylum since April 2016, and I am still waiting for my initial interview. I have no unlawful presence in the US; I applied while my visa was valid. I am married and have 2 US citizen children.
Should I be worried about the upcoming administration?
We do not know what will happen, but I think it is not likely that people who have pending asylum cases will be immediately affected. Asylum is part of the law, and Congress would need to change that. It is possible that the work permit system will change, and so you will need to pay attention to that, and if you can renew your work permit now, you should do that. Of course, if you are married to a US citizen, that may open a path for you to get status. Also, once you have been in the US for 10 years and if you have US citizen children, and if you lose the asylum case and go to court, you could re-apply for asylum and also be eligible for Cancellation of Removal, which is a way to get a GC. In other words, you have a number of layers of procedural and legal protection, and so I think you (and other asylum seekers) should be ok, but we will know more once the new administration starts to lay out its specific agenda. Take care, Jason
I never knew this process existed Jason.
Thank you for sharing this information.
We have been pending since 2016 and have no news of what is going on.
It is very upsetting in which direction the administration of this country is moving.
It is upsetting, especially when the anti-immigrant feeling is largely based on lies. Take care, Jason
Hi Jason
Thank you for this post was waiting for your words once the election is over.
will the new administraition have new rules for people who want to cancel their asylum due to family emergency and need to go back at the airport will they make it hard for us at the airport ?
Will there be any sort of questioning?
Also I do have a daughter who is a US citizen. Are they going to create rules to have issues for these as well? We have a passport for her travel already in hand.
My father passed away and I need to take care of my elderly mother, There is no option but to leave the country we are in the process of packing up to leave. But do not know how to face the situation at the airport : what should we expect?
From your knowledge anything I need to prepare for my daughter who is a citizen before I leave the country that will be difficult for my daughter later on she is just 4 years old now.
Many thanks
I highly doubt you would have difficulty leaving or that your daughter who already has her passport would be affected. Also, if you leave before January 20, 2025, Trump will not yet be president and there should be no changes before then. Finally, if you do leave, it is a good idea to withdraw your asylum case – I wrote about that on December 7, 2022. Take care, Jason
1 – I recommend waiting 6 months, and I explain the reasoning in a post dated February 6, 2023. You could apply early, but even if you applied today, the case will be processed under the Trump Administration and so I think there is no benefit in applying early. Some might even advise you to wait, as maybe Trump will return to the old rule where people had to wait a full year before filing the I-485. I do not expect that, but last time, they made arbitrary changes, did not announce them to the public, and then rejected some applications based on those changes. 2 – It is definitely fine now, as long as the RTD is valid. Once Trump takes office, you will have to watch the news for any travel bans, but otherwise, it should be ok then also. 3 – It took longer last time Trump was President, and so I do think that is possible. Even under Biden, it was mostly taking a long time, but it may very well get worse. Take care, Jason
Good day, Jason! I thank you so very much for the help you’re doing for us. God bless you! If you already get your greencard thru asylum case or any other types, do you still have to worry for this incoming government that they will still take away your greencard? Or they can’t do anything about it once you already have it.
Thank you very much!
I think it is unlikely they would do anything unless you commit a crime. However, I expect that Naturalization applications will be reviewed more carefully, and if they suspect fraud in the asylum case or green card application, it could create problems. If you are confident about the asylum case, you should be fine. If you are not so confident, maybe hold off on applying to naturalize, or at least review your case and maybe talk to a lawyer about any worries before you apply. Take care, Jason
come on Jason 😀 !
It’s impossible to reopen millions of files for individuals who received approval within the last four years, and they haven’t done so during their initial term either! It’s highly unlikely they inquire about anything concerning the asylum application unless there’s a significant concern, such as returning to their home country. Beyond that, there’s no way to reopen the cases of asylum approvals and tackle each one individually for the citizenship test they don’t have the resources or the time to do that! Only in cases of severe red flags or criminal records, neither Trump nor anyone else has done it before and reopened the vast number of approved asylum cases while ensuring neutrality.
I do not think they will be reopening many citizenship cases, but I do expect they will review naturalization applications much more closely. They already (under Biden) review these applications for prior fraud, and I expect that Trump will increase that. Overall, I doubt they will find much, but it will dramatically slow down the naturalization process, which for them, is an added bonus. Take care, Jason
Thank you for the reflections and for sharing updates with the community. Due to a lack of news, information, or any projections, your blog serves as somewhat of a comfort place to come and see that we’re not forgotten, and to find a glimpse of hope and optimism.
I’m in my 3rd year of waiting for an interview. I’m blessed to be in a better position than many people because I secured a work visa after college, but that is coming to an end soon. My passport ran out, and I can’t renew it for obvious reasons, and the H1B visa requires a valid passport for another 3-year extension. That means, that soon I will fall into this limbo of no immigration status and only a pending asylum, without a passport, and that terrifies me.
I’ve never thought that by requesting shelter in the U.S. from the government of my own country, leaving all my family behind, and possibly never seeing some of my elder family members ever again, I would be exposed to the same fear of tyranny I so desperately dread.
Thank you for what you do, Jason, I hope the good will prevail.
I am very sorry that you and many others are in this situation. It certainly does not reflect the ideals that our country purports to stand for. I do expect that affirmative asylum seekers will be somewhat better positioned than some other immigrants, as asylum is written into the law and would be difficult to eliminate (and I think there are not enough Republicans to vote for that). Take care, Jason
thank you
Trump allies, private sector quietly prepare for mass detention of immigrants
CNN
—
Donald Trump’s allies and some in the private sector have been quietly preparing to detain and deport migrants residing in the United States on a large scale, according to four sources familiar with the discussions.
And with the former president becoming the president-elect, those preparations are now expected to ramp up.
https://www.cnn.com/2024/11/07/politics/trump-immigrant-detention-plans/index.html
He said he would do this, and so it makes sense that they will try. They will face some obstacles, including costs, detention space, money, legal challenges, and public push back, but I expect they will try it anyway. How bad things will be, we will have to wait and see. Take care, Jason
Hi, Jason! I remember last year you mentioned that USCIS were working on making RTD valid for more than one year.
Do you know if this will happen?
If it is going to happen, it better happen in the next two months. I have no idea why they could not get their act together to make this change sooner – it could have been done years ago. Anyway, we will see what happens, but it is possible that the Biden Administration will make some changes in the coming months. Take care, Jason
Can you please bring it to their attention as it is long overdue? They should increase the validity period of RTD to 5 years even if it comes with higher fee as it will reduce workload for the system?
I have mentioned this to some people I know there, but they have their (very long) processes and nothing I say has any effect on that. Take care, Jason
As you know, the Biden administration changed the EAD eligibility to 5 years. Do you think the new administration will change that and reduce it to 1 or 2 years? What’s the likelihood of that happening?
I know Obama increased it from 1 year to 2 years, and when the new administration took office in 2017, they didn’t change it. But what about now?”
The law allows them to do whatever they want, so they could change it or try to eliminate it altogether. A negative change would probably result in a lawsuit, and there is reason to hope that a court would block the new Administration from reducing or eliminating EADs. I would not put anything past them, and I would not be surprised if they tried to negatively changed EADs, but I have not heard any news about this either, and we will have to wait and see. Take care, Jason
Hi JASON,
I came in with a B1 visa 2017, filled for asylum 2017( with a lawyer)which is still pending. Got married in 2019 to a us citizen with kids and still married and did adjustment of status in June 2022, did recieved a request for initial evidence, got EAD with the new category and my i -130 is still pending. I did filled my adjustment of status WITHOUT A LAWYER do you think I should be worried about getting deported by Mr Trump’s administration? Or should I get a lawyer follow up with my pending adjustment. THANKS for always listening to our worries.
Assuming you received all the receipts for these applications, you should be ok. I would expect a decision soon for the I-130 and I-485. Maybe you want to check the processing times for those at http://www.uscis.gov. I think you are still within the “normal” (and very long) processing time. If not, you can make an inquiry with USCIS. If you wanted to try to expedite the application, I wrote about expediting with USCIS in general on January 29, 2020. I think it will be difficult to expedite, but once Trump comes in, USCIS will probably slow down even more, and so maybe it is worth a try. Take care, Jason
I’m so worried because my C8 EAD renewal has been processing for 11 months, and now I’m under the Biden’s 540 days automatic extension. How quickly can a president overturn that? I’m so worried about losing my job at any moment if trump does it.
And would it have been faster if renewal is done online vs. physical application?
I think online renewals may be faster, but I am not sure. We cannot know for sure what the new Administration will do about EADs, but if they try to end EADs, there will be law suits to stop it, or slow that down, and so hopefully there will be no major changes. Even if there are changes, it should take some time, and so hopefully, you will have your new EAD well before anything changes. Take care, Jason
Hi Jason
I have been waiting for the interview of my case for over 7 years, so im on a pending case. On your post you said “Those with pending cases do not know whether they can remain in the U.S. or whether they will be forced to leave.” Why do you said that? Is there any incoming policy that could allow removing pending cases? Please I’d appreciate if you elaborate. Thank you.
I said that only because people with pending cases are waiting for a decision. That has always been true. Some people win their cases and others are denied. I did not say that because I have heard anything about the new Administration’s plans to deny pending cases. I am sorry if that caused confusion. Take care, Jason
What a wonderful article! It really empathized with asylum seekers, who I believe are the most vulnerable group in the U.S. community. I know we’ve met before, and I can tell you’re an honest and good person inside and out.
I have some important questions that I hope you can help answer:
First, for people whose cases are in deportation court, how much influence does the new administration have, especially with its clear stance against refugees and immigrants? Could this significantly impact a judge’s decision?
Can the administration change judges, moving those with a high approval rate for asylum cases and replacing them with others who have a lower approval rate?
Also, what happens if the case is denied in court? Is there any way the person can apply for asylum again? I remember reading something about this before.
Please let me know your thoughts. And keep in mind, we know that there are many good people in the U.S., like you, who are committed to defending people’s rights and protecting them.
1 – If you look at data from the first Trump Administration, approval rates overall went down. That is because they made administrative decisions making it more difficult for people to win asylum based on gang violence or domestic violence, or based on “particular social group,” which is one of the 5 protected categories (the others are race, religion, nationality, and political opinion). For asylum seekers based on those non-PSG categories (race, religion, nationality, and political opinion), I did not see much affect on approval rates, at least in my cases (they do not break down court cases by asylum category, so there is no data on this, at least that I have seen). Maybe this time, it will be worse, but we will have to see. 2 – I do think the new Administration will purge certain government officials, and that may include immigration judges. We will have to see about that, as it takes quite a while to fire someone in government and to hire and train a new judge. 3 – If you lose in court, you can appeal to the Board of Immigration Appeals. That process usually takes several years, though the new Administration has indicated that they are going to try to limit appeals and make them much faster. Take care, Jason
Hi Jason,
I am extremely under stress. To me know, it really doesn’t matter to be killed by Taliban or get heart attack due to all these unending stress. This is really too much as a human regardless of anything else.
My question is that what do you think about unlucky Afghans who are waiting for 7 or 8 years ?
I think it is very likely that you will remain in the United States and very unlikely that you could be deported. It will be difficult to change the law for people who face harm from the Taliban, and I think there are many members of Congress, including Republicans who will not agree to that. Unfortunately, there are many people in your same situation. Hopefully, the asylum office can get some of their cases resolved before the end of Biden’s term. Take care, Jason
Hi Jason,
the Republicans are gaining control of both the Senate and the House, which means President Trump will have no trouble pushing through his immigration policies since the Supreme Court and Congress are aligned with him. We’re in for some frightening times, and it seems like we’re about to witness a record number of deportations in American history!
They also controlled both houses in 2017 and 2018, but they failed to pass immigration legislation. This is partly due to the need for a super-majority in the Senate and partly because some in the party will resist Trump’s agenda. I guess it is possible that they could change the rules in the Senate, which would give them more flexibility, but we will see if they try that. Take care, Jason
@ADAM
The record deportations happened in the US history when Obama was the president of US.
When Trump was president the number of deportations dropped.
Sam
I’m lucky that i won my asylum case in court in 2024, but i feel unlucky that i have to apply for a GC under trump.
Should i worry about my asylum(not mus. Countries)?
Should i worry about my GC application?
I do not think you need to worry about your asylum status. I do think there is a good chance the GC process will be delayed more than it already is. 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
But what is your take on USCIS adjudication these before 1 year cases during Trump’s administration? Can’t they just deny the application stating it was filed before 1 year? Or will rescinding the early rule only apply for cases filed after that date?
I have no idea. Last time, Trump required that all asylees have GC interviews. This was obviously redundant, since they all had asylum interviews, and was presumably designed to slow down the process. As such, maybe they will end the rule that allows people to file early. We will have to wait and see. Take care, Jason
To me, it’s truly ridiculous how American people could choose this person for the second time after all the craziness that has happened in the past 8 years.
And how the new president is planning to have a close council from Elon Musk, a guy who broke immigration rules while working on his student visa and is now “speaking out” about restricting immigration, this is so contradicting and hypocritical.
Also as an asylum seeker, awaiting an interview for over 9 years now, I really don’t know what will happen to me under new President, last time he made it bad, it’s even hard to imagine how this time would be for people like me
Agreed. Government is not a business, and the idea that it should be treated that way is unfortunate. One example of that is the private, for-profit prison system, which detains people but does little to rehabilitate them. Maybe we save some money in the short run, but in the long run, our society (and especially those detained) is much worse off. In terms of asylum seekers, I think we will have to wait and see. I do not think people with pending affirmative cases will be the main priority, but time will tell. Take care, Jason
It’s shocking to me that a convicted person can run for president and even become one, yet someone with a felony cannot vote. This election has caused so much anxiety for people who care deeply about basic fundamental rights, and it’s heartbreaking to see some individuals who obtained citizenship through asylum now proudly and loudly supporting him. I feel sad—sad that these people seem to have forgotten where they once were and, when convenient, switched sides. My heart is broken today…
I think this election and all the hateful language has traumatized (and re-traumatized) many asylum seekers and asylees (and many Americans too). Try to take care of yourself and make sure to reach out to family and friends for support. Take care, Jason
@MEL
I don’t know the definition of cruel and what it means to be cruel…
I will never support a person who enabled one of the worst Genocide against Palestine and unconditionally supported Israel to kill thousands of babies kids children men and women the normal civilians and then supporting this war to be expanded to Lebanon and where else.
Supported Ukrain to go war with Russia and in return Ukraine got destroyed with thousands of innocent lives.
Sent billions of dollars every month for wars …. Put the Americans in poverty… look at cost of living ,
Groceries , gas, It has become nearly impossible to afford a house . The Biden admin literally destroyed American economy and killed hundred of thousands of people…..
I find it so funny when Jason keeps on favoring the worst administration in US history and making them looks like an angel…. After all
Of this…..
Wake up people….
We’ll see if Trump fixes all these things. I wouldn’t count on it. Take care, Jason
Good afternoon,
The principal granted asylum, He has a dependent (not spouse) in the case. The dependent left home before the approval, the approval issued one year ago. The principal cut off the communication with the dependent. Is there any consequences on the principal for keeping the letter from the dependent who is 20 years old now? And what shall the dependent do in this case?
Thanks,
If the dependent was part of the asylum case and is still unmarried, the dependent also received asylum (assuming the person went to the asylum interview and does not have any criminal or other bars to asylum). Whether the principal informs the dependent about that, I do not think makes any difference to the dependent’s status. Maybe the dependent can file a Freedom of Information Act request to get a copy of his file, so he can see whether he was also granted asylum. You can find info about that if you follow the link under Resources called FOIA USCIS. Take care, Jason
Am still in shock. Am thinking about all the immigrants that are here on TPS. He will do away with TPS, DV lottery and DACA. Then he will go after asylum applicants and empower AOs to reject as many applications as they can without sending them to court. He may not physically hunt down and deport anyone; but he will make life difficult for many immigrants and they will self deport. May the Lord have mercy on us.
All these are possibilities. There are some limits (related to due process of law and the Administrative Procedures Act) that may make these moves difficult, or at least slow things down, but I do expect they will try to end TPS, at least for many countries. TPS people can file for asylum, as that is a defense to being removed, but they could also try to limit asylum. That was difficult for them to do last time, and we will have to see what they try now. It’s certainly not good news, but I do not expect all limits to presidential power and all due process rights to vanish. Take care, Jason
Hi Jason, for people with green card who come from a country that was affected by the previous travel ban. Should they be concerned? What harm could a future travel ban do to green card holders from certain countries that are targeted by these travel bans?
I think any travel ban is unlikely to affect a GC person. Last time, as I remember, it did not. Of course, you will need to wait and see what happens, but I do not think GC holders will be their target, and so I do not think this is a major worry. Take care, Jason
Things will get wild!!! First with the boarders crossing then fake asylum pending cases then illegals!!
President-elect Trump will begin operations to deport millions of undocumented immigrants when he starts his term, campaign press secretary Karoline Leavitt told Fox News on Wednesday morning, Axios’ April Rubin reports.
He will launch the “largest mass deportation operation” of undocumented immigrants on Day 1, Leavitt said.
The big picture: Trump’s plan will use obscure laws, military funds and law enforcement officers from all levels of government. It will curtail the existing multistep deportation process.
Fast-track deportations would be expanded to apply to anyone who illegally crossed the border and couldn’t prove they’d been living in the U.S. for more than two years. It currently is reserved for recent crossers.
Unaccompanied minors who crossed the border without their parents would also be targets of the plan.
https://www.axios.com/2024/11/06/trump-harris-election-2024-house-senate-race
I think we will have to see what happens. These plans will likely result in court challenges, and they will certainly run into practical difficulties. I do expect things to get bad, but exactly how that will look, we will have to wait and see. Take care, Jason
Thanks for the reply Jason!
“I’m from one of the countries affected by the previous travel ban. Do you think I should still be concerned about potential travel restrictions in 2025, even if I have Advance Parole?”
I do think you will need to keep an eye on this, as the travel ban is likely to return. If you can travel and return before January 20 (or whenever the inauguration is), that might be better. Otherwise, just pay attention to what is happening. There is likely going to be a lot of litigation and confusion about any travel ban, and so you will have to do your best (and maybe talk to a lawyer) to see what is happening. Take care, Jason
Hi Jason!
Today’s result is really disappointing! Based on your experience, do you think it’s still possible to use Advance Parole to travel to a third country in 2025? Thanks for all your help
I think probably it will still be possible. I doubt AP will be a priority for the Trump Administration. However, if they implement a new travel ban, which is expected, you will need to pay attention to that. And of course, in general, you will need to look at any changes his Administration makes before you travel. I expect that such information will be well publicized. If you can travel this year, though, that may be the better choice, since you know what the law is now and that travel and return is possible. Take care, Jason
Looks like Americans are worried only about higher grocery and gas! They thought Trump will fix that, not sure if he can! Only few voted based on ideology, The declining nation with no ideology, very sad day
It is reasonable to be concerned about those issues, and prices are up about 20% since Trump left office. Wages are also up – more than 20%, and so inflation is essentially a wash from an economist’s viewpoint. However, it did not feel that way for many Americans. My concern here is more about how Trump used migrants as a scapegoat to scare/encourage voters. Blaming others will not solve our real problems. He could have made arguments to restrict immigration without using hateful rhetoric and lies, but that is not what he did. I suppose we will have to see what policies he tries to implement and how that will affect people. Take care, Jason
It seems to me that all the rich and powerful were siding with Harris. Most media networks, many many powerful celebs.
Trump certainly had his share of wealthy donors, but my comment is more in relation to the overall power structure and who does well in our country and who does not. Perhaps the same can be said for most countries, but I am sorry that this is the case. Take care, Jason