Donald Trump will take the oath of office on January 20, 2025. Once he assumes power, he has promised wide-ranging changes to our country’s immigration system. These include mass detention and deportation, a return to the “Remain in Mexico” policy, ending parole programs and Temporary Protected Status, and a renewed travel ban (a/k/a the “Muslim ban”).
In the weeks before Mr. Trump takes charge, what should asylum seekers and immigrants be doing to get ready?
First, it is important to remain calm. This is, of course, easier said than done. But there are a few things to keep in mind about the new Administration. Most importantly, you should remember that the President’s authority is not absolute. He can make regulatory changes to interpret the law, but he cannot change the law without Congress. Also, regulations can be challenged under the Administrative Procedures Act, which basically prevents a government agency from making rules that are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” The APA came into play during the first Trump Administration and helped limit the damage.
Aside from potential legal challenges, much of the Trump agenda will be difficult to implement due to logistical and practical constraints. It is not easy to find “illegal” migrants, and tracking people down will require significant resources. To detain people requires detention space, which is limited. Deporting people is expensive (the average cost to deport just one person is $19,599). Also, there will be significant public resistance to mass deportations.
For these reasons, Mr. Trump’s deportation agenda is likely to move more slowly than he and his allies would like. This is not to say that things won’t be difficult, but we need to be realistic about what the new Administration can achieve, and not panic over the future President’s frightening rhetoric.
In practical terms, there are steps that asylum seekers and other migrants can take to protect themselves. Here are a few ideas:
Be Prepared: Fortune favors the prepared, and it is important to get ready. Make sure you have a copy of all your documents, including documents you sent to the U.S. government and documents that the U.S. government sent to you. If you are missing documents, you can obtain them through a Freedom of Information Act request to USCIS or to the Immigration Court.
If you have documents, keep a back-up copy available and accessible (maybe saved in your email or Drop Box).
Also, if you have a pending asylum case, gather all your evidence and be ready for an interview or court hearing. During President Trump’s first term (and prior to Covid), the Immigration Courts issued a record number of decisions in asylum cases. While denial rates increased, in absolute terms, the courts granted more asylum applications than ever before. If case processing speeds up after Mr. Trump returns to the White House, it is important to be ready, as that will increase the likelihood of a positive outcome.
Work Permits: If you do not have an Employment Authorization Document (EAD) and are eligible to apply, it is a good idea to do so now. In general, asylum seekers are eligible to file for their EAD 150 days after their asylum application, form I-589, was received by the U.S. government.
If you have an EAD and are eligible to renew, you should do that now as well. Per the I-765 instructions, USCIS recommends that you file to renew no more than 180 days before the current card expires, and that is how I have always done it. However, at least one reliable non-profit–the Asylum Seeker Advocacy Project–advises that anyone with a two-year EAD file to renew immediately, so they hopefully receive the five-year EAD, which USCIS has been issuing since October 2023. Also, ASAP recommends that if your EAD expires prior to 2028, you file to renew now, in the hope that you will get a new card and extend the period of work eligibility. ASAP sensibly points out, “even if you do not receive your 5 year work permit before the new president makes changes, it may be helpful to have a work permit application already pending [since] certain policy changes might only apply to people who apply after the changes are announced.” Again, I have never applied earlier than 180 days before the current EAD expires, but ASAP makes a strong argument, and the worst case scenario is that the EAD application is denied and you lose the filing fee. In the best case, you will receive a new EAD and have an extended period of employment eligibility.
Other Applications: It may be worth exploring whether you are eligible to obtain a Green Card based on family, employment or for some other reason. If you are in Immigration Court and you have been in the U.S. for 10+ years and have certain Green Card or U.S. citizen relatives, you may be eligible for Cancellation of Removal. In short, if you think you have alternatives to asylum, it is worth sitting down with a lawyer to explore your options.
Have a Plan: Finally, while we hope for the best, we must prepare for the worst. Have a plan in case you are detained or deported. Make sure a trusted family member or friend has access to your immigration documents and other important papers. Have a plan for your assets and property, and for children and other vulnerable family members. If you have a lawyer, make sure you have the lawyer’s contact information easily accessible and that your loved ones have that contact information as well.
I expect that asylum seekers and other non-citizens will face difficulties in the months and years ahead. However, I also expect that our nation’s asylum system will endure, and that those who are prepared for the hardships will be better positioned to remain safely in the United States.
Hi Jason, and thank you so much for always assisting us. I have a couple of questions.
1: I had my interview on February 2023, and I sent a couple of emails but they are not responding. When I went there in person, they said that my case in under review in HQ. Is there a way if I can know when they sent my case to HQ? Is there a time period for them to work on a case. I am originally from Afghanistan.
2: also, when I went there to asylum office in Arlington, they told me to always email. If I send emails every other week, I know there is less hope if it works but is there any harm if I keep emailing them ? Because I have an emergency for my disabled sister and I already sent all documents about her problem and urgency.
3: I see, some people tried mandaus lawsuit ( lucky they are that it worked for them) but what it doesn’t work, will someone deported, detained, or referred to the court ?
4: lastly, if do this Mandaus now, don’t you think it’s risky since the new administration is coming and they are appointing almost everywhere thier own people. Maybe this option will go to a negative way if it’s goes for judges are new administration supporters.
I am so sorry for asking too questions.
1 – I know of no way to know when the case was sent to HQ, and it is unpredictable how long the decision will take. I wrote about why cases get sent to HQ on October 20, 2015. 2 – I don’t know that it will help, but I doubt it will cause harm to send emails every week. 3 – A mandamus lawsuit will normally get you a decision, which could be positive or negative. The mandamus is only about getting the decision and has nothing to do with the result. We wrote about mandamus lawsuits on October 2, 2018. 4 – I think even if you do the mandamus now, there is a good chance the decision will come during the next administration. Whether that will make any difference, I do not know, as they have not specified what changes they plan to make to the affirmative asylum system. Take care, Jason
Thanks for all you do Jason. I am an asylee-based green card holder and will be eligible to apply for citizenship in about one year from now. I do not have red flags on my application but I used my passport to travel but never to my home country. I never renewed my passport since being granted asylum either. My asylum basis is LGBTQ. Do you suggest waiting until 2028 when Trump will be gone to apply for naturalization?
I think you can assess how naturalization cases are being treated and then decide at that time, but I highly doubt you would have a problem under these circumstances, especially if you do not fear government persecution. I wrote about using the passport after receiving asylum on May 25, 2022 and maybe that is worth a look. Take care, Jason
Hi,a friend at BIA,her lawyer submitted the brief on time.what happen when case is on BIA appeal and the DHS does not submit the briefing at the BIA. The online status shows Briefing schedule has expired and no DHS brief was received.
It is very common that DHS does not submit a brief. In that case, the BIA will review the respondent’s brief, the Immigration Judge’s decision, and the case below, and decide whether the judge’s decision should be reversed. Take care, Jason
Hi Jason,
I’m renewing my EAD under A10. I was on the USCIS website and read that there is no renewal filling fee for this particular category, which doesn’t seem right to me. Could you please confirm is this correct?
It was free, but I thought they had made a fee. Now, I am looking at it again and I see the same thing as you – it looks like there is no fee to renew. Take care, Jason
If I have been granted asylum and am waiting for my green card, should I worry? Located in California
About Trump? I doubt it, though I would not be surprised if the GC process slows down once he enters office and starts diverting resources to other things. Take care, Jason
Jason,
In other words, they’ll cash your money and sit on your applications while giving bogus excuses like last time?
Great!
Possibly. Maybe that is one reason to try a fee waiver if you are eligible, form I-912, available at http://www.uscis.gov. Take care, Jason
Hi Jason, I sued USCIS to get my interview scheduled which happened in Sept, i made a deal with them to also to give them an extension before judge to issue a decision by February then i dismiss the lawsuit which I agreed to. I was told by officer i have a high chance of wining but my EAD is expiring in March. Should i wait for a decision and possibly new open EAD, or better to apply for a renewal now? Thank for your valuable blog and insights
Hello @Danish
Wait they have 120 days after you paused the mamdamus to give you an answer
This happened to me, I got my asylum granted 105 days after the interview and My EAD expired oct 8
My asylum was granted oct 3rd
It’s up to you. The disadvantage of applying now for the EAD is that it might be a waste of money (if asylum is granted). The advantage is that if your case is not granted, you will hopefully get a new EAD, so you can keep working. If Trump were not coming into office, I would say wait, as you could apply for the EAD if you lose (assuming you get the decision in February before your current EAD expires). However, we do not know what Trump will do about work permits, and so it may be safer to renew now. Take care, Jason
https://abcnews.go.com/Politics/trump-confirms-plan-declare-national-emergency-military-mass/story?id=115963448
IT’S OFFICIALLLLLLLLLLLLLLLLLL
Trump confirms plan to declare national emergency, use military for mass deportations
President-elect Donald Trump on Monday confirmed he would declare a national emergency to carry out his campaign promise of mass deportations of migrants living in the U.S. without legal permission.
Overnight, Trump responded to a social media post from Judicial Watch’s Tom Fitton, who said earlier this month there are reports the incoming administration is preparing such a declaration and to use “military assets” to deport the migrants.
“TRUE!!!” Trump wrote.
Trump pledged to get started on mass deportations as soon as he enters office.
Hello VVVV,
Trump already said that, he knows congress won’t give him money or at least on his first day so he will declare national emergency. But note that most asylum seekers have permission from USCIS to stay in US until their case is decided. So for us with pending cases he has to first resend that letter. I have one which I start carrying in my car.
Anyway Take care out there
@HELLO VVVV
yeah, you right but he will hire more judges, and your case will process faster so you will either win and stay or lose and get deported really quick so no more these asylum pending applicants gonna stay 6-10 years here with weak asylum cases!!! also, they might speed up the law to deport the people after asylum cases get denied at the congress so no one said he will deport asylum pending folks, but he will speed up the process to deport them much faster
I think we need to wait and see. They are saying many things, but until they actually set out their plans or implement them, we do not know what they will do. Also, asylum seekers and others facing deportation have a right to due process of law. To end that will not be easy and if they do, it would harm everyone’s rights. Take care, Jason
Hey Jason!
Thank your for the work that you do, I’ve been following your blog for years now.
I have an open case since December 2016 and I’m wondering if I should try to apply for an expedited interview or just wait for my turn?
I was hoping to save up enough money to get a lawyer to more properly put together my case as I’m worried that I may not have structured it in the best way but now I’m worried that with Trump in power the rejection rates will skyrocket or he stops the asylum program altogether.
I did a post on July 7, 2016 about whether a lawyer is needed for a case and maybe that would give you some guidance. Otherwise, whether you want to expedite is up to you – I wrote more about that on March 23, 2022. I do think that even if you expedited today and even if they accepted the request, it is unlikely you would get an interview or decision before Trump comes into office. I think it will be very difficult for them to end asylum, as that is part of the law and they would need Congress to change the law, but I do think they will try to limit it as much as they can. That will likely affect certain cases (where people fear criminals or domestic violence) more than others (where people feel harm due to political opinion, religion or ethnicity). Take care, Jason
> I do think that even if you expedited today and even if they accepted the request, it is unlikely you would get an interview or decision before Trump comes into office.
I’m just wondering if it’s better to get an interview scheduled as soon as possible since Trump is expected to make it more difficult to win an asylum case but it will take time for his changes to propagate and work in full force? (he could pressure the USCIS to increase rejection rates, appoint more conservative judges, etc.)
I doubt an expedited case would move fast enough to make much difference, since Trump will arrive and start making changes in two months. However, we do not know what will change or how fast, and so there is no harm in trying to expedite and hoping to get the case done quickly. Take care, Jason
(for some reason my previous reply didn’t show up)
> I do think that even if you expedited today and even if they accepted the request, it is unlikely you would get an interview or decision before Trump comes into office
I meant to say it will take time for Trump’s toughening measures on asylum cases to take full effect. Is it better to get an interview as soon as possible? He will probably pressure the USCIS to reject more cases, appoint more hawkish judges, etc.
Hi Jason,
I applied for my EAD renewal online and it has been almost two months I still didn’t get an approval. I am a derivative applicant and my wife (who is the main applicant) got the approval in just 12 days. Is this something you have experienced with derivative applicant? I applied for renewal 5 months prior to the expiration of my current EAD. What should I do? Please advise.
Thanks a lot.
I think it is normal for one family member to get the EAD quickly and another waits longer, so it may just be random. It is very common to wait for months to get a renewal, even for those who file online, and so as long as you have the receipt, you should get the new card eventually. Take care, Jason
Hello Jason, I have a question.
I am sure Trump administration will try to end C-08 work permit but I see a lot of experts saying that is difficult due to possible lawsuit. My question is “did the congress made a ruling for asylum seekers to get work permit after waiting for 150 days”? Or it’s just executive action by some previous President?
Thank you,
The law states that asylum seekers may get a work permit after 180 days (USCIS allows people to file 30 days early, even though they are not eligible for the work permit until 180 days after filing for asylum). Since I think the statue says “may,” the president could try to take away the work permit altogether. The problem for him is that asylum is part of the law and to end work permits would basically make it impossible to get asylum, since you could not earn a living a survive while waiting for a decision in the asylum case. Ending work permits might be considered arbitrary and capricious per the Administrative Procedures Act, discussed in the above article. That would ultimately depend on a Supreme Court decision and since the court is pretty radical, we do not know what they would decide. So I do think work permits are at risk, but I think it will not be easy to eliminate them. Take care, Jason
Hello Jason,
I got approval of asylum in march 2024. When is the earliest i can apply for my greencard?
Regards
You can apply any time, but most lawyers (including me) recommend waiting at least 6 months after asylum is granted (assuming you meet all other requirements). I wrote about this and described the reasoning in a post dated February 6, 2023. Take care, Jason
Hello again,
So the person doesn’t have to be physically present for 1 year after granted asylum to be eligible for applying? Thats what i heard that after being granted you have to be physically present for one year? I have been physically present in USA since 2016 but granted in March of 2024. So how does it work?
The old rule was that they had to be physically present for one year in the US after asylum was granted, but the new rule (discussed in my posting from February 6, 2023) is that you can file at any time after receiving asylum. However, when USCIS decides the case, you must have at least one year inside the US after asylum was granted. Most lawyers, including me, recommend waiting 6 months before you file for the GC, as it is very unlikely that the case would be processed in under 6 months. I discuss this more in the post I mentioned. Take care, Jason
If that’s the case…They could essentially bar LGBT from immigrating……right ?
I don’t anticipate that and I am not sure how they would do that, but we will have to wait to see what they try to do and then respond. Take care, Jason
https://www.theguardian.com/us-news/2024/nov/17/haitian-immigrants-springfield-ohio-trump-election
Haitian immigrants flee Springfield, Ohio, in droves after Trump election win
Koveleski, leaders in Springfield’s Haitian community, and others have relayed reports of Haitians fleeing the city of 60,000 people in recent days for fear of being rounded up and deported after Donald Trump’s victory in the 5 November presidential election.
“Some folks don’t have credit cards or access to the internet, and they want to buy a bus ticket or a plane ticket, so we help them book a flight,” she told the Guardian recently. “People are leaving.”
I guess it shows that falsely demonizing people can have the intended effect of harming them. This is not a surprise, but yet again makes me wonder how harming vulnerable people will in any way make our country great. Take care, Jason
Jason,
What is this rule talking about…
Release Date
11/14/2024
U.S. Citizenship and Immigration Services is issuing policy guidance in the USCIS Policy Manual to clarify that a naturalization applicant’s burden to demonstrate they have been lawfully admitted for permanent residence applies only to their initial admission as a lawful permanent resident (LPR) or adjustment to LPR status.
USCIS is updating Volume 12, Part D, Chapter 2 in the Policy Manual to clarify that an applicant for naturalization must show that they have been lawfully admitted to the United States for permanent residence in accordance with all immigration laws in effect at the time of admission or adjustment. Consistent with the 4th Circuit Decision in Azumah v. USCIS, 107 F.4th 272 (4th Cir. 2024), USCIS will consider whether a naturalization applicant was lawfully admitted for permanent residence or was lawfully adjusted to permanent resident status at the time of their initial admission or adjustment, regardless of whether they were lawfully admitted for permanent residence at the time of any subsequent reentries to the United States.
This guidance, contained in Volume 12 of the Policy Manual, is effective immediately and applies to requests pending or filed on or after the publication date.
For more information, see the Policy Alert (PDF, 202.78 KB)
I am not sure, as I have not seen this, but it sounds like you need to include evidence of your first admission to the US as a lawful permanent resident, or include info of your adjustment of status. If so, this is what we have always done, and so it is not much of a change. If you are worried about it, it may be worthwhile to talk to a lawyer about the specifics of the case to be sure everything is included and they do not have an excuse to deny the case later on. Take care, Jason
Hi Jason and people on here. received the approval notce for my asylum case but did not receive the i-94 with t. Do you guys know how long it takes to receive the I-94? Or do I have to request it instead of waiting for USCS to mail me one?
Hey Congrats.
I got asylum in court. It took 3 weeks to get my i-94 and 3 months for my wifes….good luck
If you got asylum at the asylum office, they should have sent you the I-94 with the approval letter. If not, you can email them – to find the email, follow the link under Resources called Asylum Office Locator. If you got asylum in court, they should send you the I-94 automatically in less than 45 days. If not, Google “post order instructions in immigration court” and follow those. Take care, Jason
Hi Jason,
For C8 EAD renewal, it is taking so long and I’m afraid it’s not being approved on time before Biden departs the WH. How quickly and easily can the new president end the following for those applied for EAD renewal before the new presidency:
1. Temp. final rule on 540 days automatic extension
2. 5 year validity of EAD
Thank you so much!
Hello Betty,
How did you applied for your work permit renewal? Please use online tool, you will be issued work permit in few weeks. Not sure why it took too long for you. Me and some other people I knew got renewal in less a month
I do not know that the new Administration will be able to change these things quickly or easily. I would not be surprised if they try, but I would expect strong push-back (i.e., lawsuits) from immigration advocates. I spoke with someone who is highly placed at USCIS and he does not think they will try to eliminate EADs altogether, but he does think they will reduce the validity period to less than 5 years. I think he is optimistic, and I expect they will attack EADs for asylum seekers. Whether they can eliminate them, I am not sure, and I think that will be difficult, but we shall see. Take care, Jason
Hi Jason. I am Asylee. I applied my GC last year and this year in June i received RFE for fresh Medical. I did it and sent back. Then my online status changed that uscis received my RFE. Today i checked online that it was showing:
Correspondence Was Received And USCIS Is Reviewing It
On November 15, 2024, we received your correspondence for Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number ………… We are reviewing your correspondence, and will send you a notice if we need something from you. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
So what mean by this current status?
This sounds normal – the case is still processing. You can check average processing times at http://www.uscis.gov, though in my experience, a GC for an asylee usually takes between 1 and 2 years. Take care, Jason
Hi Jason,
I’m a USC and my other recently received her immigrant visa. She plans to come here in April. Do you think the Muslim ban could affect those who it’s immigrant Visas? Should she moved things up before Jan 20?
I think a new Muslim ban could affect immigrant visas. At this point, there is no announcement and we do not know. For me, I think the safer approach would be to come here before January 20, if that is an option. Once we know more about the situation, maybe she can then leave and return again later, but for now, since we do not know, it may be safer to get here before any travel ban goes into effect. Take care, Jason
Hi Jason,
Greetings! I need ur view on this pls.
Having navigated the asylum request, and the resultant court process, the court terminated my case eventually since i married a citizen while in deportation proceeding. My I-130 and 485 have been pending, with processing dates fluctuating. Recently, I checked my status online and it says Interview if necessary has been completed. Next is taking a decision on the case. Surpringly, I didn’t go for any Interview, probably it was waived. My concern now is that the processing time, which was earlier 3months before decision, has now been moved to 14months for 485 and 10months for 130. The 130 has been pending for 18months now.
Do you know what all these connote, please?
Over
The processing times always change and in my experience, they are not terribly accurate. If the case is outside the processing time, you can make an inquiry with USCIS. If that does not help, you can try the USCIS Ombudsman – there is a link under Resources and they sometimes help with delayed cases. I do expect they will want an interview, as it is very rare that interviews are waived, even if that is indicated on the USCIS online system (also, maybe it was waived for the I-130 but will be needed for the I-485). Take care, Jason
My asylum just got approved with USCS and I want to apply for refugee travel document. Can someone please tell me what do I need as documents? I read the instructions but I am still confused. Should use y country passport although t expired years ago? Beside form, could someone please tell me a list of documents people usually send for their RTD.
It is difficult to say, as sometimes, other info is needed, but in general, we submit a copy of the asylum approval and I-94, a copy of the passport (even if it is expired), 2 passport-style photos, and the fee. Take care, Jason
Hi Jason,
are people who are granted asylum eligible for Real ID? If yes, would the asylum approval letter enough to prove legal status?
@real id
i don’t think so !! here in Ohio and even Kentucky they only allow green card holders to get Real id as an approved asylee isn’t qualified to have real id so i guess most of the states will be the same and you will have to wait for your GC to get real id
I’m in “decision pending” status for 10 years, I was moving couple times and got real id with my work permit without a problem in Illinois, Florida and Oklahoma. In order to get real id in all of those states I had to provide 2 proofs of address, ssn and work permit. I hope this helps
@Real id
I am living in California and based on my experience I got my Real ID while my asylum case was pending, I think you can apply with your approval letter and your I-94 card if have received one.
I think they are, but you may also need the work permit indicating asylum granted. Take care, Jason
If you are in NY state you won’t be able to get real ID without a greencard I tried several times with few different DMV in NYC. I also have work permit that will expire soon so in one dmv after speaking with supervisor they told me I can get real id but only for the duration of work authorization. Not sure about other states
Good morning Sir,
I have a final hearing in Jan 2025 in immigration court, but it turned out i needed to send biometrics request to USCIS service center for defensive asylum which i didn’t. I will do that this week but would there be a problem if my court time come and still didnt get my biomntric appointment yet? I am also curious why do they need my finnger prints again given that they already took them at the border?
Thank you for all your help sir
This is a very stupid requirement, but it is a requirement. So you know, if the case was referred from the asylum office to court, you should not need to do biometrics again. Unfortunately, getting an appointment the normal way (by mail – you can Google “Pre Order Instructions in Immigration Court” and find info about that) takes months. You can also get a background check from the FBI, though I am not sure that will be sufficient (there are services that can help with this; otherwise, you can Google “FBI background check rap sheet”). You might want to reach out to the DHS attorney (the prosecutor) to ask what to do – you can find contact info if you follow the link under Resources called DHS Office of the Chief Counsel. It is important to take care of this, as the judge can deny a case for failing to complete the required checks. Take care, Jason
Hi Jason
I know you have written about visiting home country after getting green card but what about after naturalization? Is there any risk especially after the government in the home country has changed? In my case, I got asylum in 2011, green card in 2013 backdated to 2012 and naturalized in Nov 2017 under Trump. I visited my home country last year in 2023 for a close relative’s wedding only once. Legally would this be an issue?
@KY
I believe you’re all in good shape because you won’t have to deal with USCIS again, and who’s to say an asylee can’t visit their home country indefinitely? If someone told me 15 years ago that political issues would last forever, I’d be surprised. Times change, and when you’re in this country, you’re considered a US citizen, not a citizen of your own country, which adds an extra layer of protection! I could stand up to Trump himself if he accused me of fraud asylum for having visited my home country after being away for 13 years! Come on, guys! Plus, for your information, USCIS or the government can’t strip you of your citizenship unless they can show that your asylum claim was fraudulent, not just based on feelings that his asylum claim was dubious because he visited his home country! Things don’t work that way; they have to provide evidence, which is incredibly very very difficult to do!
@zika. Thank you and ai agree that has always been the case in the past. But as you know there is a plan for a souped up denaturalization squad and was wondering what would trigger an “investigation”. I also agree that the evidence bar is quite high but there is something called legal harassment where the process ends up being the punishment. Denaturalization is a civil proceeding and the defendant is not entitled to a lawyer at government expense. The government has 100s of US attorneys, assistants and interns on their payroll – you have to pay to defend yourself. I have myself been through a civil case (not immigration related) where someone filed a case on me and I spent 2 years defending myself and won after a lot of hassle, pain and legal expense.
I think the best defense is that there are so many naturalized citizens, that the government does not have the resources to review all their cases. Maybe if there are red flags or the person is arrested for a crime, but for most people, I just don’t see how the government can do this. Take care, Jason
Stephen Miller has stated that they want to increase the denaturalization task force, which looks at naturalized citizens for fraud. Whether that will happen, I do not know, but even if it does, it seems very unlikely to affect someone in your situation. I suppose it does not hurt to be prepared to explain why you returned and how you stayed safe (if the home government has changed, that sounds like a good explanation), and have evidence available about that, but I think the likelihood that this will be an issue is extremely low. Take care, Jason
Hi Jason,
Are there any advice on the timing of the 21-day LIFO rule?
I’m thinking about submitting an application in the near future. Should I avoid submitting it around holidays like thanksgiving or Christmas given the fact that no one will actually be working there and my application will get swept into the old pile after 21 days?
Thank you!
I do not know that it makes much difference. The latest data that I saw from Virginia showed that last summer, they were interviewing less than 1% of LIFO filings, and so I think the chances of getting an interview are small. If you hope to get an interview before Trump takes office, the sooner you file, the better, though I think even if you filed now and even if you got a LIFO interview, there is a good chance that would occur after he takes office. Whether that will make much difference, we shall see. Take care, Jason
https://imgur.com/a/YyPVENj
This tiktoker video broke my heart and guess what? Her mom is citizen but she was crying of fear so what about undocumented immigrants ? Does trump administration wanna push them to suicide maybe? The amout of fear spreading all over the immigrants atmosphere is crazy that could lead us to horrible ending!! Trump is so inhumane
I have very little doubt that the hateful language and fear mongering will lead to all sorts of mental health issues for immigrants (and many others) and will lead to suicides. It is very sad that our country thinks it can make itself great again by harming the most vulnerable among us. Take care, Jason
Hi Josan
My question is, if I move to a Republican state like New Orleans, will it affect my case approval? Thanks
I doubt it. Also, if this is an affirmative asylum case, the New Orleans office had a pretty good approval rate, though the last time I saw data on this point was several years ago. Take care, Jason
Thank you for your patience. I have been preparing to move to New Orleans in hopes of getting an asylum interview sooner, as I have been waiting for three years in Los Angeles without one. However, my lawyer is concerned that moving to a Republican-led state could impact the outcome of my interview. I am a high-level paraplegic, which adds to the challenges I face. Could you please advise me on whether it would be a good idea to proceed with moving to New Orleans?
By the way, I believe Trump has lost support because people here have experienced fear. This is something I can relate to from my own experiences in China. No matter what actions he takes, his words and statements often create fear, and that, in my opinion, is where he loses support.
To truly make America great again, the country needs unity, not fear.
I posted the most recent data that I have seen in an article dated July 13, 2022. That shows that the New Orleans office is one of the best. I do not know if things have changed since then, but I do not think it makes much difference whether it is a red state or a blue state. New York city is very liberal, but their asylum office has long been the worst in the US. As for Trump, I do not know that he is losing much support yet, but if he implements his mass deportation, I doubt that will go over well. Also, it is much easier to be the critic, making nasty statements from the sidelines than the person actually implementing policy. Take care, Jason
Hi Jason. My current EAD expires in August 2025, and 180 days before that falls in early February. Do you think I should file for renewal before January 20th, since it’s just a few days earlier than the recommended time? Or do you believe it won’t take that short a time for the new administration to implement changes? Could USCIS reject a renewal just because of the filing time? Thank you.
I think ASAP is probably right, and that you can file early. I just have never done it. I do not know what the Trump Administration plans to do about work permits, and while I doubt they could change the rules very quickly (advocates will file lawsuits to stop that), they may try. And so it is up to you if you want to file early, or pay attention to the news to see if there is any change announce once Trump is in office. Take care, Jason
Hi.Jason my case is pending since 2016.I have four kids who are US citizens.My question is for removal procedure I should complete my total 10yrs? I came here in December 2015 when should I apply for removal procedure?And for that is it compulsory that our asylum case should go in the court or pending case is ok..
You cannot generally choose when to start removal proceedings (i.e., Immigration Court). If you lose the asylum case at the asylum office and you have no other status, you will be referred to court and at that time, if you have 10+ years in the US, you could apply for Cancellation of Removal (in addition to asylum and any other relief). However, once you are referred to court, the clock stops and so if that happens before 10 years, you would not be eligible for Cancellation. Take care, Jason
Yes apply Online for the EAD renewal immediately its fast and easy
https://www.foxnews.com/politics/incoming-trump-admin-eyes-massive-expansion-immigration-detention-he
will-deliver
NBC News reported this week that the Trump administration is considering locations where it can expand immigration detention centers and that the transition team is looking at how many migrants can be held in regions across the country and talking to private prison companies about expansion.
A source familiar with the plans confirmed the report. NBC reported that the plan is to double the number of Immigration and Customs Enforcement (ICE) beds allocated by Congress, but the source said that the intention is to significantly increase the number of beds, and that a doubling of capacity was too specific.
Locations are expected to be expanded near areas where there have been significant numbers of illegal immigrants. “Sanctuary” cities like New York City, Washington D.C., and Chicago have been overwhelmed by a surge of migrants into their jurisdictions, some of whom have been bused in by Texas, so detention centers could be set up, expanded or re-opened in those areas.
This shows how unrealistic the plan is. There is currently something like 30,000 or 40,000 beds, so let’s say they more than double to 100,000. If there are 11 million “illegals” in the US, that means they will be able to detain less than 1% of all people here illegally. Take care, Jason
@ jason
the plan is realistic, but it means the deportations will be very fast and quick so if every two weeks they deport thousands and thousands then 100k beds are good enough!
I don’t think it is realistic that so many people can be gathered up, put on flights, and will be accepted at foreign countries. Even if they could dramatically reduce due process of law, they still need to overcome a lot of resistance from states and localities. If ICE has 20,000 agents, that also does not seem nearly enough to gather and deport so many people over such a short period of time. But I guess we shall see. Take care, Jason
After 8 years living with uncertainty I can finally call this country home. My asylum as been granted. Here is my timeline:
Congratulations! Though it looks like the timeline is missing…
I haven’t been here since the election results were announced. The article you wrote is EXACTLY the one I expected. Thank you for the reassuring words and everything you do, Jason.
Oy. I will have to be more surprising. Take care, Jason
Hi Jason,
I have a Green Card thru Asylum. I need to visit my home country, should I do that?
If so, what are the acceptable reasons I can say when I return USA at airport?
What is the maximum time I can spend there?
Should I apply for travel documents before traveling?
I appreciate your sincere efforts.
Thank you!
It is better to not go to the home country, especially once Trump returns, as his administration will be looking for fraud and a return trip may cause them to think your asylum case was fake. I wrote about returning to the home country on January 6, 2016 and maybe that will give you some ideas. It is less of a problem if you fear non-state actors, such as terrorists, rather than the government. You will need to explain why you returned and how you stayed safe. The less time you spend there, the better. And it is best to use a Refugee Travel Document to travel, but it can easily take a year or more to get the RTD. I wrote about traveling using your passport on May 25, 2022. Take care, Jason
@mark
going back to your home country with GC through approved asylum means it was a fraud asylum for Trump administration ! make sure that there is a big percentage that you will be deported for good if you decide to go visit before you are a citizen!
Will immigration judges use the preferred pronouns of transgender asylum seekers ?
Hello jason. I am in temporary asylum status. I applied for a work permit. I still haven’t card it. What should I do?date is recevied november 3/2023.
It’s a little abnormal that you applied in 3/2023 and still haven’t received it…
You have to apply separately for a work permit, using form I-765, available at http://www.uscis.gov. If you have not done that, you should. If this is a renewal, it can take a long time – that is why they give you the automatic 540-day extension of the old card, but even so, if you applied to renew 1.5 years ago, that is a long wait. You can check processing times at the USCIS website and make an inquiry. If that fails, you can try the USCIS Ombudsman – there is a link under Resources and they sometimes help with delayed cases. Take care, Jason
We shall see. I expect that some judges will, and others will not. In general, judges are respectful of immigrants, even if they deny their case. Whether there will be a mandate from management on this point, we will have to wait and see. It would not be much of a surprise if they did that. Take care, Jason
I came to Canada on a tourist visa and spent only few days there, then entered US illegally through unofficial crossing, am i still eligible to apply for asylum in the US? Is it going to be with immigration court? Can I still do adjustment of status through marriage to a US green card holder?
Thank you
You may be barred from asylum by the Safe Third Party Agreement, which requires a person who first arrives in Canada to seek asylum there, rather than in the US (and vice versa). There are exceptions to the rule and so you might want to talk to a lawyer about whether you can qualify for that. In terms of marriage, a person who entered unlawfully is generally not able to get a GC based on marriage, and you would probably be required to leave the US to get a GC. You would also probably need a waiver, which is a form where you ask forgiveness for an immigration violation. In short, this is not an easy or quick path, and you would want to have a lawyer evaluate your eligibility before you start the process. Take care, Jason
Thanks a million our dear Jason,
We have a pending asylum application since 2018. If my employer agrees to sponsor my green card, will we be required to leave the States to a third country? Will the lawyer be able to ask for waiving this requirement because of our asylum application and that we can’t return to our country?
Thanks in advance!
I wrote about this on August 28, 2018 and September 6, 2018, but you would need to talk to a lawyer about specifics. There is a law called INA 245(k) that may allow you to get the GC inside the US if you entered legally and filed for asylum before your period of lawful stay ended. There may also be other ways to get the GC in the US and you could review the specifics of your situation with a lawyer. However, most likely, you would need to leave the US, and if that is the case, you would not want to go to the home country, as returning there could cause the US government to think that the asylum case was fraudulent. Also, you would want to try to get Advance Parole (I wrote about that on September 11, 2017), which would allow you to return to the US if something goes wrong when you try to consular process. In short, this is not easy, and at the minimum, I would have a lawyer map out, step-by-step, how you will get from where you are now to having a GC, whether you need to leave the US, where you will go, what is the Plan B if consular processing fails, and what are the risks. Take care, Jason
Thanks Sir. Yes, I entered legally on H1-B visa and filed for asylum before my period of lawful stay ended. Thanks again for your help
Hi Jason,
Unfortunately USCIS is denying all EB AOS for individuals with pending asylum. I am a victim. I came in with H1B, changed it to F1, went to school, graduated and before my F1 expired, i filed for asylum. That was 7 years ago and i am still waiting for an interview. I couldn’t maintain the F1. 2 years ago my employer filed for i140, which was approved but my AOD was denied because i did not maintain my status after filing for asylum; because asylum is not a status. My attorneys countered with an appeal based on INA 245(k) and it was denied. I am now going for consular processing.
It is strange, and I do not do such cases, but it seems to me that USCIS does not really understand IN 245(k) and that sometimes it works, and other times, it does not. Hopefully, you can get Advance Parole so that if anything goes wrong with the consular processing, you can return to the US with AP. I wrote about AP on September 11, 2017. Take care, Jason
jason how come an AI can detect a fraud on an immigration case? any idea?
I suppose it could be used to look for inconsistencies between forms and other documents. Maybe for other purposes as well, but I do not know. Take care, Jason
Actually it’s very doable. Train a AI model to look through the submitted documents and available information in government databases and look for inconsistencies. Then an AI agent will run through both new and old cases and rank them with probability for fraud (level of inconsistency detected, whether it’s material or not). Now the human beings USCIS will quickly review and deny the cases or refer them to ICE. ICE can also use AI to generate legal briefs and responses to file cases (if judicial review is needed). AI has already been generating legal briefs for the last two years so this is not new at all
I wrote about AI and immigration law on May 22, 2023. One problem with using AI to look for fraud is that life is often inconsistent, and while an inconsistency may indicate fraud, it may not. Of course, these problems arise whether the fact checker is a computer or a person, and I have seen cases that were denied for inconsistencies where there really were none. Take care, Jason
Tom Homan Warns Migrants to ‘Self-Deport’: ‘We Know Who You Are’
Homan added that he was “all for” the self-deportation of migrants living in the U.S. illegally who were not criminals or gang members.
“But for those others, the noncriminals, you wanna self-deport, I’m all for it because when you self-deport, they can put everything in order—their family business, if they got homes or whatever. They can put all that in order and leave with their family all together,” he said.
https://www.newsweek.com/donald-trump-tom-homan-immigration-self-deport-1984187
so now they are trying to push people to deport themselves promising them to give them time to sell their cars and houses if they got instead of being arrested by ICE and be sent home in 2 weeks and losing everything they have in the US? wow just wow !!! very smart but very heartless as well.
They want to scare people into complying, but that is unlikely to work on many people. Also, despite what they want to do, people cannot be deported without due process of law, and that takes time. Whether they will be able to change that, I do not know, but I think it would require doing extreme damage to the rule of law in our country, and this would harm everyone; not just migrants. Take care, Jason
Hi Jason,
Thanks for everything you do.
I know there are many things being passed around through the grapevine and there may be some fear mongering but there are some things that are clear.
1. Stephen Miller, Tom Homan and Matt Gaetz are going to lead the effort. We still need to know who is the USCIS and CBP chief but they will be hardline.
2. There is a rumor of a 3 prong approach – deport illegal immigrants, make legal immigration tougher by using bureaucratic tools and executive orders and also review older petitions especially that were granted under Biden. Stephen Miller has confirmed a turbocharged denaturalization as well – and I suspect the ones granted under Biden would be the first ones.
3. There are rumors of using AI and other tech tools to assist in reviewing and flagging petitions and cases. Elon and other tech titans would be helping. Also, the people fired under DOGE by Elon would have 2 years to find another job (per Elon) and there are rumors that these people would be shifted to ICE/USICS to deal with immigration for those 2 years as their agencies are shuttered.
4. Expect TPS, various EADs, F1 OPTs and such other discretionary programs to be curbed. Stephen Miller has spoken against this. Travel ban would be back as well.
5. The biggest of all – I do not expect democrats and liberals to fight back as strongly as 2016. They have realized that they have been stuck in a minefield called immigration and their core voters have been dismayed by what happened in the last 4 years. News such as immigrants getting free housing and debit cards in NYC does not go well. I think they would also want to get rid of the immigration problem but rather have Trump and Miller do it, so that they get to virtue signal and blame them so that can get back in the game 4 years later.
oh and I forgot to mention the biggest of all. Trump has said in several rallies and interviews that he will be declaring the illegal immigrants as invasion which will enable him to use the Alien Enemies Act of 1798. This will remove all judicial review and any one who defies the orders will be seen as aiding an invader/enemy. JD Vance has also suggested that they will be making undocumented immigrants life extremely hard by employment fines, heavily controlling remittances using money laundering laws etc which will lead to self deportation. Who knows how much of that is true and will be actually done. But thank you Jason for keeping everyone sane
I would not be surprised if they tried some of this, but how much can be implemented, we shall see. I think even if such activities are not blocked by courts, in practical terms, they will have a very difficult time getting this done. Take care, Jason
I think some of this is realistic, but other of their ideas will be very difficult to implement. It is important to prepare, but I also think we should not panic over their ideas – they want to frighten people, as they hope it will cause them to leave the country. I think the rhetoric will likely be worse than what they are able to accomplish. Take care, Jason
@JodyKung
If they actually do this US will face the bigget disaster of economy, poverty, inflation, recession………
It will go way back in time, US will become isolated in the world and will lose its status as one of the powerful contries in the world….
nobody is going to give loan to US , there will be crimes, thefts… the entire economy will shatter…
if they are going to do this , they will be the biggest idiots and eventually everyone will leave US as who would want to live in a country with no jobs, recession, poverty…..
they know it they cannot do it……. they are already getting isolated.. let me tell you there is already a second system called BRICS a joint system of some of the bigget econcomies emerging strongly and everyday a new country is becoming its member and submitting their applications. they cannot afford to do anything that will make BRICS and SCO further strong.. this will be a suicide…
@jodykung
your point 4 is incorrect and is misleading!, EAD spreads over number of immigration categories not only for TPS, etc…
There will be more student visas and there are also talks of paving a path for green cards for students who study in US universities and get advance degrees……
At this time Avoid spreading or mentioning anything for which you have no confirmation or not correct information and knowledge about.. t people here are already going through lot of stress
Hi Jason, I have pending asylum and I’ve been thinking about getting master’s degree, can I get F1 status?(only have pending asylum, no other status). If not, what status will I be in?
You would most likely need to leave the US to get an F-1 visa, since you have no status now. I do not know of a way you could get the F-1 in the US, but maybe it is worth asking the school if they know about that. Some schools can assist with F visas or refer you to attorneys who know about that. Most people are able to attend university using the work permit, and so if you have that, you should be able to attend without an F visa. Take care, Jason
Hello Jason. Been following your blog for quite a few years and really appreciate your work and support. Me and my wife have been waiting for asylum interview for almost 9 years but 2 years ago my wife’s employer started eb3. Supposedly her perm will be completed in about 9-10 months and we can file i140. Do you think Donald Trump can mess eb3 as well? Hopefully no but he did it already for us in 2018 with asylum cases priority.
I doubt we will see negative changes to employment-based immigration, but we will have to see. Assuming the I-140 is approved, it may be difficult to get your green cards without leaving the US, and you will need to be careful about that. I wrote something about this issue on August 28, 2018 and September 6, 2018, but you would want to talk to a lawyer about that to have a plan. Take care, Jason
https://www.vanityfair.com/news/story/jack-smith-reportedly-stepping-down
Does that make you scared ? is america sliding to dictatorship ?
Those who are familiar with how democracy deteriorates are concerned about what to expect in the next administration and so am I. Take care, Jason
Hello Jason,
Thaanks for the post. What about someone who has green card and should be applying for citizenship in April. Any anticipated changes/ challenges?
I think it would be a good idea to do a FOIA and get a copy of your file if you do not have that. You need to be sure that your N-400 (citizenship application) is consistent with prior forms (I-485 and I-589), as I expect the Trump Administration to pay close attention to naturalization cases to look for inconsistencies, which they will interpret as fraud. Also, we will likely see more delays processing cases at USCIS in general. Otherwise, I do not think there will be changes in this area and you should be fine. Take care, Jason
Hi Jason,
1. Have you written anything about GC/Naturalization interview for Asylees Basically, what will be the interview like?
2. Have you had any asylum approved cases referred to court again during the GC or Naturalization interview?
3. Is it good to have my lawyer with me for those interviews?
I was granted asylum earlier this year in August and waiting for early next year to file my GC.
Thank You for all you do!
1 – I wrote about applying for the GC on November 13, 2017 and about applying for citizenship on December 2, 2020. 2 – I do not think I have had a client get referred to court during a naturalization or GC interview, but I know that sometimes happens. I have had people hire me in that situation after they were referred to court. 3 – If you think there might be issues with the case, you should have the lawyer review the situation before you file. Once you reach the interview stage, it may be too late. You should check to be sure that your new forms are consistent with your old forms and explain any inconsistencies. But if you think there are problems or legal issues, talk to a lawyer before you file. Take care, Jason
Have you seen this happening during Trump’s first term? I mean, did you notice more denials of naturalization applications for people who had asylum-based green card?
I personally did not see more denials of naturalization. However, we did see cases slow down and we also saw them pay more attention to cases, which rarely accomplished anything aside from wasting time. Take care, Jason
Thanks. By “paying more attention”, you mean sending more RFEs. asking more questions during interview, etc?
Yes. It is a real waste of time, but that is what they did before (more questions than RFEs, if I remember correctly). Take care, Jason
Hello Jason,
I hope you’re doing well, and thank you for all your help. I have a quick question about filing a lawsuit against the asylum office for failing to take timely action on my case. This hadn’t crossed my mind until a friend of mine did it. He received an interview notice within a couple of months and was granted asylum a week after his interview. I know at least six people who have also filed lawsuits and successfully received interview calls within months, followed by grants of asylum weeks later. These individuals, however, were in a different state with a different asylum field office than mine.
I spoke briefly with my attorney, who mentioned that every circuit/area of the country is different. Specifically, in our circuit (the First Circuit), a mandamus action—what I believe my friend’s lawyer used—is generally not successful for getting an interview scheduled. My attorney noted that they have used mandamus effectively to obtain a decision after an interview, but not to prompt an interview itself.
I’m unsure whether my friend’s case followed the path my attorney described. Apologies for the lengthy message, but I’m interested in exploring the possibility of filing a lawsuit. Do you think my attorney might be overlooking anything?
Thank you!
I do not know why a mandamus would not work in your area. The Boston office is one of the worst (next to NYC) in terms of approval rates, but it is backlogged like every other office. I know some offices (such as LA) have a mandamus backlog, and even those who succeed on a mandamus case still wait a year or two for an interview, but I have never heard about a mandamus not succeeding in the First Circuit (or anywhere else). Maybe there is some case law on that point that I do not know, but I guess you can ask your lawyer for further explanation, or seek the opinion of a different lawyer in your area. Take care, Jason
Thank you, Jason! Do you have happen to have any recommendations of lawyers based in Boston who you think can do a good job with this?
I do not recommend lawyers here (and I do not have anyone to recommend in Boston anyway), but a good starting place is this website: https://ailalawyer.com/. Take care, Jason
Trump’s ICE chief to Pritzker: ‘Game on’ in immigration policy clash, vows enforcement
In an interview on conservative Charlie Kirk’s podcast, Tom Homan responded to Pritzker’s statement, in which the governor declared, “If you come for my people, you come through me.”
Homan replied, saying in part:
“Game on. We’ve got no problem going through him. I’ve got 20,000 men and women in ICE who are going to do their job with no apology,” Homan said. “And if any governor wants to stand in the way, go ahead and do it. We’ll see what happens. We’re not gonna be intimidated.”
https://www.fox32chicago.com/news/tom-homan-jb-pritzker-immigration-vows-enforcement?fbclid=IwZXh0bgNhZW0CMTEAAR2IuK7CLseoYeEBxWEYjCJ1MPVv7W2OdXjcDVEdmmhhQPDSZqmdhHVE8c4_aem_K2KYjkl4bYYtWtHZSDrywA
It is going to be interesting and dangerous to see how the federal-state dichotomy plays out in states that do not support the mass deportations agenda. If local authorities are not cooperating, it will reduce ICE’s ability to deport people. And 20,000 ICE agents is not a lot when compared with 11+ million people who are allegedly deportable, plus many millions more who oppose these policies. Take care, Jason
Jason, we can’t thank you enough. I’ve been waiting over 10 years without a preliminary interview, while my wife and three kids are back home. My requests to expedite the interview have been denied four times. Though I’ve managed to establish a decent life here with a stable job and a home, it all feels empty without my family, and I’ve never had a genuine joy though I always I try to stay grateful because at least I am safe and protected here, but with the current situation, my frustration is mounting. My biggest question is, in which category will I be assigned? Am I undocumented and illegal even if I have applied for asylum 9 years ago, working legally and paying tax? Am I considered illegal because my asylum didn’t got approved yet? I bet this is a question of many others as well. Thank you again for everything.
We do not know for certain, as terms like “illegal” and “undocumented” are not part of any law – they are just terms used by non-lawyer and they do not have precise meaning in the law. I do think asylum seekers have some protection. The law allows a person to file for asylum, and only Congress can change that. Also, I do not think people in the eternal asylum queue will be the first target for the new Administration. If the border really is shut down, it is possible that asylum cases will start to move more quickly, so make sure you are prepared to do your case. Also, you might talk to a lawyer about a mandamus lawsuit – that is where you file a lawsuit against the asylum office in order to force them to give you an interview. Take care, Jason
“Asylees and asylum applicants: Generally, time while a bona fide asylum application is pending is not counted as unlawful presence.” – USCIS.
Nine years, however, is a very long time. Did they move to a different state? 3 to 5 years is a common wait time, though it can be longer in certain regions with high caseloads.
Pending asylum seekers are not considered “unlawful” under U.S. immigration law. By law, anyone present in the U.S., regardless of entry method, has the right to apply for asylum under the Immigration and Nationality Act (8 U.S.C. § 1158) and international agreements like the 1951 Refugee Convention. Once an asylum application is filed, the person is lawfully present while the application is processed, meaning they cannot be deported until a decision is made. Despite public misconceptions, seeking asylum is a legal process, and applicants with pending cases have lawful status during adjudication.
Once a person files for asylum, they stopped accruing “unlawful presence” and can remain in the US until their case is resolved, regardless of how long that takes. And unfortunately, it is common to see people who waited 9+ years and still did not get an interview. Take care, Jason
Hi Jason,
I’m truly amazed by your thoughtfulness and relentless dedication to help those in difficult situations. Your kindness often leaves me at a loss for words. I am not here to blame my own lawyer, but the reality is that I rarely get a response, despite having paid a substantial amount, no matter what questions I have. Yet, here I anlways come to dump out all my questions to you, receive a reply within 24 hours without paying a penny. You’re one in a million. The information you provide helps me understand the practical realities, stay calm, and prepare for the worst—all of which is invaluable advice. Thank you so much for that!
I just came to say thank you so much and noted that I’ll be prepared for the worst!!
Thank you for the kind words. To be fair, it is easier to answer questions here than from my own clients, where I need to look up the file, remember what’s going on, etc., before answering. Take care, Jason
Hi Jason. I am Asylee and i brought my family by i730 to USA. My son is green card holder and he did marriage from my home country last year and filed i130 for his wife in September 2024. She is in our home country. We check status weekly but no new update. We check online on uscis and it shows a long time. So by your experience how much more it will take time to be approved with USCIS? and then move to NVC?
The processing time for that seems very long (I checked recently and I think it was more than 4 years). I do not think it will take that long, and I think most such cases have been processed in 1 to 2 years (though some countries may have longer wait times). Consular processing seems to take less than a year for most people, at least that is what I have seen – I do not much consular work, and so I am not sure about this, but it is what I have observed to date. How Trump will affect all this, we will have to wait and see. Take care, Jason
Hi,
I truly appreciate all the information and perspective you share on this platform. It has served to keep some of us appraised on what is going on.
My family and I are waiting on our Asylum interview, it has been three years now and counting. We have our EADs and all but can’t help feeling uneasy now that Trump is back. It feels as though it’s a vengeful crusade against anyone who isn’t a citizen really. Our EADs are valid to 2029, do we need to file for renewal early? Can they deport someone who has already filed and has been waiting on the interview?
I do not think there is much point in renewing the EADs, as they are good for 5 years, but I suppose technically, you could do that, as described by ASAP. We do not know what the new Administration will do, but I think asylum seekers will not be the main target. The law allows people to seek asylum and Congress would have to change the law in order to end asylum. This seems unlikely. I do imagine they will try to make it more difficult to win, but they did that last time with mixed results. In short, we will have to wait and see, but it is a good idea to get your case ready, so if an interview is scheduled, you are prepared. Take care, Jason
…anyone successfully filed as a divorced spouse? Collecting bits and pieces to see what to be prepared for, thank you!
To file a nunc pro tunc? I believe we have done such cases for a spouse who divorces an asylee. It is possible under the law, though the process for all nunc pro tunc cases is slow. The last one we did took about 2 years, if I remember correctly. 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
Hi Sammy, I don’t that’s a possibility since you haven’t been granted a status as of yet. Most schools in US are for-profit organizations. They want your money. Try Mission Asset Fund (MAF) loans for immigrants. They also help with immigration fees. Good luck!
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
It is comical how Trump supporters put the blame of their misfortunes on illegal aliens. Illegals comprise only 2-3% of US populations and 99% aren’t criminals as Trump misrepresents. In 2018, the illegal immigrant criminal conviction rate was 782 per 100,000 (0.782%), and 1,422 per 100,000 native-born Americans. As if the demonizing and removing these unfortunate individuals will somehow fix the economy and the quality of their lives.
Thank you for the honorable work, Jason!
Agreed – but even if Trump could deport every single “illegal,” they would just find some other group to blame. It is much hard to look at oneself, and much easier to blame others. But without looking at yourself, nothing will every improve. Take care, Jason
Should asylum-based Green Card holder expect some sort of backlash? For example, can they be denied entry to the US as part of the ban? Is there a world where the new administration decides to strip them out of their GC or make it more difficult to apply for citizenship (like making the time period required longer like 10 years for e.g)
Thank you!
Hi Jake,
Jason will answer your question. My take is that you can’t be barred from entering with a green card simply because of the “ban”. They tried it last time and it failed so badly they had to revise the order multiples times. They cannot change the wait time to naturalize because this has to go through congress. They plan on passing on immigration reform and I sincerely doubt that even that can be retroactive.
I think that is unlikely and I expect that such people will not be a prime target. You will have to pay attention to any travel ban, as last time, it was confusing and even people with GCs were threatened. In the end, there was no effect on asylees or GC people, but we do not know how that will look this time around. I do think processing times will slow down, but beyond that, I don’t expect any effect on people with GCs or people with asylum (hopefully). Take care, Jason