For asylum seekers in Immigration Court, the Individual Hearing is where they tell their story to the judge and get a decision. Even with a kind Immigration Judge (IJ) and a reasonable DHS Attorney (prosecutor), testifying in court can be intimidating and stressful. Here, we’ll talk about the Individual Hearing and what is expected from respondents (non-citizens seeking protection) and witnesses.
I’ve written before about what happens in Immigration Court, and it’s helpful to have an idea about how things will proceed. Here, we’ll focus more specifically on testimony.
Before we get to the testimony itself, let’s talk a bit about preparing to testify. In most asylum cases, the respondent will submit a form I-589 and an affidavit, which is a written statement describing the events in your life and why you need asylum. It is important to review these documents before the Individual Hearing. In most cases, there are other documents to review as well: Notes from the Asylum Office or Credible Fear Interview, letters from witnesses, police documents, medical records, and country conditions evidence. In short, make sure to review any documents that you or DHS submitted to the court or Asylum Office, or that were produced by the U.S. government in your case. If your testimony is inconsistent with your affidavit or evidence, it could cause the IJ to conclude that you are not telling the truth, which would be bad news for your case.
It is also a good idea to practice before your court hearing. If you have a lawyer, the lawyer should assist with this. The practice sessions are a chance to make sure you are familiar with facts and dates, and that you can explain any problems or inconsistencies. It is also a chance for the lawyer to familiarize himself with your testimony and evidence. This is important, since cases are often prepared weeks in advance and it is easy to forget all the details.
In terms of the testimony, a few things to keep in mind: If you do not understand a question, say that you do not understand, and the questioner will repeat or rephrase their query. This is very common and you should not be afraid to say that you did not understand, since answering a question you misunderstood could lead you down a path that damages the case. If you do not know the answer or do not remember, do not guess. If you guess and your answer is different from other information in the record, or different from what your witness says, the IJ may think you are lying. Remember also that the government may have information about you, such as statements you made at prior interviews or on your visa application, and so if you do not remember what you said previously, it is better to say, “I don’t know” than to guess and possibly get it wrong.
If you are using an interpreter, make sure to wait for the interpreter to complete their statement before you respond. Do not respond in English, even if you speak English. When you have an interpreter, judges can get annoyed if you respond in English or do not allow the interpreter to finish speaking. If you have a long answer, try to break it into pieces, so the interpreter can translate what you say and not forget anything.
In terms of the questioning, in most cases where you have a lawyer, your lawyer will ask you questions first and then the DHS attorney will ask questions. The IJ can jump in any time with questions (some judges ask more questions than others).
Your lawyer will typically go through your story during the direct examination. This is what you practice with the lawyer before court. After that, the DHS attorney can ask questions to probe credibility (whether you are telling the truth), and ask about inconsistencies in prior testimony or evidence, or implausible country condition information. The DHS attorney can also ask about any issues of concern, such as whether you filed for asylum on time, whether you have committed any crimes or engaged in terrorism-related activities, and whether your story is plausible (believable) in light of conditions in your country. Hopefully, you and your lawyer can anticipate these questions and you can be ready to answer them. The judge’s questions are often similar to questions asked by DHS, but the judge is also thinking about her decision, and may be asking questions to support her anticipated conclusion.
In my experience, DHS attorneys and judges almost never ask trick questions. However, they sometimes ask confusing questions and they can occasionally be aggressive. Pay attention to the questions and do your best to answer. If you are not sure about the answer, say so. Keep your cool and if you need a break, ask for one.
For people without lawyers, the judge will often ask questions to determine whether you are eligible for relief. It is important to review your testimony and evidence in advance, and try to think about any areas of concern. This can be difficult, since some legal issues are not obvious to a non-lawyer. If you can get (i.e., pay for) a lawyer to at least evaluate your case and look for problems, that will help you prepare. Also, you might look for a free lawyer to assist you, though resources are very limited.
After you testify, your witnesses will have a turn. Normally, your lawyer questions the witness first, followed by DHS and the judge. Witnesses must wait outside the courtroom and will not hear the respondent’s testimony. For this reason, it is important that they are familiar with what you will say and that they do not answer questions unless they actually know the answer.
A well-prepared respondent has a much greater chance for success in Immigration Court, so do your homework and make sure your witnesses do theirs. Hopefully, this will allow you to achieve a positive outcome in your case.
I would like to ask the questions regarding US Immigrants visa.
The US Embassy wants an unexpired passport valid for 6 months beyond your intended date of entry to the United States and a photocopy of the biographic page.
Can the consulate refuse my visa and give me 221 g for missing documents if your passport is expiring next month? please let me know
I look forward to hearing from you soon
Thanks
This is not something I do, so I do not know, sorry. Maybe someone else here would know. Take care, Jason
I attended two asylum interviews and was later referred to immigration court. The court ultimately denied my case. If I appeal, can I reapply for asylum? Additionally, is it possible to appeal, obtain TPS and then apply for an H-1B visa?
You have to file the appeal and it must be received by the BIA (the appeals court) within 30 days of the Immigration Judge’s order. In terms of re-applying for asylum, if there are changed circumstances in your country or with you, maybe you can ask the BIA to remand the case (send it back) to the judge to review the new circumstances. Other than that, you cannot file a new asylum case while the appeal is pending. Maybe if you have TPS you can get the BIA to close your case and then apply for an H1b. I doubt DHS (the prosecutor) would agree to close the case, but you can ask. If you wanted to do that, it should be before January 20. Once Trump arrives, I doubt DHS will agree to dismiss any cases. Another option might be to leave the US with voluntary departure and then try to return with an H1b. I expect that will be very difficult, but it may be worth talking to a lawyer to look at the specifics of your situation and explore your options. Take care, Jason
Hi Jason,
My asylum application was approved this year(2024) in the summer and I am waiting to apply for my green card next year 2025. Do you think that the new administration will interfere with those who have approved cases and if so, how should we prepare?
We do not know, but last time, the Trump Administration required that every GC applicant receive an interview. In fact, not everyone actually had an interview (which is a total waste of time given the previous asylum interview), but that contributed to additional delay in the process. We may get something similar this time. Otherwise, we will have to wait and see what they do. Also, you no longer have to wait a full year to apply for the GC – I wrote about that on February 6, 2023. Take care, Jason
It’s irresponsible for anyone, including immigration advocates to NOT suggest that there is always a possibility for amnesty and amnesty is not unprecedented in US immigration history. It’s important to always have hope no matter what happens.
So, I would like for some suggestion for me to survive the period before I get amnesty. Suppose if I am denied asylum in USCIS asylum interview, denied in immigration court, denied in BIA, denied in federal court, EAD taken away and no other relief.
What should I do to continue to survive and avoid removal ? Any tip in finding jobs, shelter ? Any suggestion ? You work with many immigrants, do they share those personal life with you ? Or you are only about business ? Just curious
I think there are many posts here about what you are asking, including from a two weeks ago. Take care, Jason
I wonder what do you usually feel when you are in immigration court, arguing for your clients…
Do you sometimes…feel that your arguments run hollow…and don’t really seem to move the needle for the IJ ? as in, you can cast how suffered/feared your client is however you want…but the IJ doesn’t seem to listen and has already made up his/her mind ?
Have you argued for your clients in front of the IJ that has 0.0% approval rate ?
I think the work done to prepare for the case is generally much more important than the closing, though the closing can on rare occasions make a difference. I wrote about this on September 5, 2011. Take care, Jason
I attended two asylum interviews and was later referred to immigration court. The court ultimately denied my case. If I appeal, can I reapply for asylum? Additionally, is it possible to appeal, obtain TPS and then apply for an H-1B visa?
@basel
That means you wasn’t qualified for asylum to be rejected by the USCIS and the court so why the heck you wanna reapply? Just to spend more time in the country with fake asylum case! now time to go home so please dont waste our tax money on detaining you and send you back home in handcuffs so please just leave voluntarily cause you have no right to be here!
@VVVV
Who the Hell are you to pass such kind of non sense comments about people you even dont know about? How the hell on God’s earth you found out about his asylum was a Fake one? A denied/rejected asylum case from USCIS AND immigration court doesn’t mean to be necessarily a Faked asylum. Get your facts corrected.
AND ABOUT “”YOUR COUNTRY”” <—— Just because you and your parents born in America does not mean Its your country, If its not another person country who came to US as a visitor. America is EVERYBODY country. Dont get me to start and dig about you more to go all the way back 1917 and 2nd world war when your Great grandparents were kicked out on their butts by Europe dictators and ran away to USA. So you better think about your past before you raise your lil dirty finger on someone. AMERICA is the land Of immigrants and no Body country ECLXCEPT NATIVE Americans.
@ JASON … YOU not doing your job properly you supposed to do on this forum when it comes to Ban IP address of this idiot where on many occasions you were requested by many members on this forum about this pervert racist to get him outa here and each time you paid deaf ears. This Forum supposed to be for helping, answering and questioning about immigration issues and NOT for an individual coming over here each time show his frustration about asylum seekers.
I sometimes erase comments, but I am not banning people who I disagree with. I think it is very important to have contrary opinions and I will continue to allow those, though I will also continue to erase comments that I think cross the line. Take care, Jason
You have to file the appeal and it must be received by the BIA (the appeals court) within 30 days of the Immigration Judge’s order. In terms of re-applying for asylum, if there are changed circumstances in your country or with you, maybe you can ask the BIA to remand the case (send it back) to the judge to review the new circumstances. Other than that, you cannot file a new asylum case while the appeal is pending. Maybe if you have TPS you can get the BIA to close your case and then apply for an H1b. I doubt DHS (the prosecutor) would agree to close the case, but you can ask. If you wanted to do that, it should be before January 20. Once Trump arrives, I doubt DHS will agree to dismiss any cases. Another option might be to leave the US with voluntary departure and then try to return with an H1b. I expect that will be very difficult, but it may be worth talking to a lawyer to look at the specifics of your situation and explore your options. Take care, Jason
Hi Jason, I have two questions regarding applying for green card after asylum granted.
1- First, if someone is applying for green card 6 months after asylum has been granted how do you prove the one year residency? What do document do people usually submit to prove the one year residency?
2- For the health evaluation, do applicants have to submit the health evaluation with the initial green card application or do they have to wait for USCIS to requests?
Thank you in advance Jason.
1 – I do not normally submit evidence about that and USCIS has never asked. However, you could use your passport (showing that you did not travel), work records, school records, tax documents, letters from people who know you, etc. 2 – You can do it either way. We tend not to submit it until USCIS asks for it, but either way is fine, as long as you do not wait too long after doing the medical exam to submit it (otherwise, it could expire and you have to do it again). I forget the time limit for that, but I would definitely submit it within 30 days of its completion in order to be safe. Take care, Jason
Hi Jason,
Just wanted to bring up the tip regarding the expiration of medical exam – Effective April 4, 2024, any Form I-693 that was properly completed and signed by a civil surgeon on or after Nov. 1, 2023, does not expire.
Also an update from today – Effective Dec. 2, 2024, if you are required to submit Form I-693, or a partial Form I-693 (such as the Vaccination Record), you must submit it with your Form I-485. Otherwise, we may reject your Form I-485.
Thank you!
Lynn
Thank you – those are good tips, and I did not know they were making the change for the I-485. Maybe that is in anticipation of the Trump Administration, which will likely reject or deny applications based on even the smallest error (or even based on issues that were always fine but now they arbitrarily decided to use it as a basis to deny). Take care, Jason
Hi Jason,
I appreciate your efforts to support the asylum community. I wanted to share some concerning experiences regarding fraudulent asylum cases. I am an Ahmadi from Pakistan, and I was charged with blasphemy. I lost my family, everything I had, and fled to the United States for safety.
My asylum case was referred to court, and during my hearing, which lasted only 10 minutes, the judge approved it after reviewing the evidence. This judge, despite having a low approval rate of 28%, recognized the legitimacy of my situation.
Since arriving in the U.S., I’ve interacted with many individuals and attorneys. Unfortunately, I’ve observed that a significant number of people, particularly from Punjab, have been granted asylum based on fabricated claims. Many of them face no real harm in Pakistan, and some even have close relatives serving in the Pakistani Army, a well-known institution in the country.
During the court referral process for my case, I met a Pakistani attorney who told me, “I will charge $15,000 to create a story for your case, and no one will be able to detect it’s fake. I’ve been doing this for many people from Pakistan.” The moment I heard those words, I decided not to work with that attorney.
The moral of the story is that fraudulent cases like these undermine the credibility of genuine asylum seekers—Baloch, Christian, Hindu, and Ahmadi communities—who are in desperate need of protection. Such fraudulent claims delay early interviews and court hearings for those who are truly at risk.
@punjabi
THANKS AND CONGRATS!!!! we all know at lease 70% of the asylum cases in the US are based on fraud and it’s economic immigration but people just love to deny these facts!!!! these fraud asylum seekers make th elegit once struggle!! imagine someone on the top comments after 4 years wanna his wife to apply for another asylum case so he can stay in the country because he knows well his political asylum case is so weak and fraud
I am not sure why you conclude that a person who has been waiting for four years and now is looking for another option has committed fraud. Maybe his case is perfectly legit, but he is tired of waiting. Maybe they only learned about FGM as a basis for asylum recently. I often see couples where both spouses have a claim. We usually choose the stronger claim and go from there, but sometimes, the second spouse decides to file a case as well. So to me, there is nothing suspicious here. Take care, Jason
I agree that fake claims undermine real claims, though they do not undermine real claims nearly as much as the non-functioning asylum system or the lies we hear about asylum seekers from Mr. Trump and other like-minded people. I do think we need to be on the lookout for fraud and the US government should focus on attorneys and notarios who create fake cases (and often rip off clients in the process). I have written many times about fraud, but one post that is relevant is from October 8, 2019 if you are interested. Take care, Jason
I really appreciate all your efforts and contributions towards asylum seekers.
I came in to US in 2018 and up till now, I have not been called for interview.
I came here with my family of six, my wife and four children claiming a political persecution.
My question now is that, can my wife also file for asylum now using genital mutilation/ female circumsition as her point of argument.
Can this be possible side by side with my own case.
Thanks
@olusoji
Look over there, Jason. He’s a prime example of someone committing asylum fraud. He’s just doing whatever it takes to remain in the country, and that’s all there is to it. This kind of behavior hurts the real asylum seekers. They’re the ones who truly need asylum, but these fraudsters are taking advantage of the system. I’m grateful that Trump is returning, so he can send people like you back home as soon as possible. This way, the real asylum seekers, like us, can have a fair shot. He even tried for a political asylum, and now he wants his wife to apply for a female circumcision. It’s all just a ploy to stay in the country and exploit the asylum system. If he was genuinely convinced he had a valid political asylum claim, he wouldn’t consider letting his wife apply for a different reason.
I do not see that as an indicator of fraud, and without knowing the specifics, there is no way to know. Also, while I oppose asylum fraud and do think it harms legitimate asylum seekers, I also think that any fraud on the part of people seeking to remain in the US pales in comparison to the fraud perpetuated by the US government, which claimed to offer asylum protection to people and then utterly failed them by leaving them in eternal limbo. It also pales in comparison to the fraud perpetrated by the president elect, who has lied and slandered asylum seekers for years. I find that these types of fraud are a much greater threat to the asylum system and to our country more generally. Take care, Jason
@jason
Given the lack of proof for these assertions, but you’re well aware of my knowledge and the widespread belief that a significant number of asylum applications are fraudulent, serving as a means to remain in the country. Have you noticed Elon Musk’s tweet last night? It suggests that Trump is planning to return to focus on individuals who have returned to their home countries after obtaining green cards! I’m hopeful they’ll they will enjoy the ride while the N-400 process, as numerous lawyers have cautioned against going to the COP as a green card holder. However, some chose to ignore these warnings. Now, Trump has returned with a renewed focus on those who have returned to their countries of origin after receiving approval for their green cards.
Elon Musk
@elonmusk
·
Nov 23
Almost 80% of asylum seekers went on vacation to their home countries …
Quote
Joe Lonsdale
@JTLonsdale
·
Nov 23
“Asylum”.
Millions used “human rights” to enter and get free stuff, but it’s a giant scam, perpetrated by far-left NGOs et al.
They facilitate fake claims with billions in funding from leftist politicians and bureaucrats who run EU and the USA, regardless of election results. x.com/DaveAtherton20…
Show more
I don’t believe that data and I would need to see where they got it, as that is not remotely close to what I have seen. Maybe instead they should focus on people who work unlawfully while they have a student visa, lie about that, and eventually get citizenship. They can start with Elon Musk. Take care, Jason
It’s truly amazing that immigration officials seem to favor F-1 visa holders than asylum seekers.
I applaud you for NOT doing employment-based immigration. In my opinion, it creates a sense of fairness and equality
If that is a fear for her, she can file a case, and you and the children (if they are under 21 and unmarried) can be dependents on her case. Look at the I-589 web page at http://www.uscis.gov under the Special Instructions about where to file, as it may be different since she is currently a dependent on your case. Take care, Jason
Hi Jason,
First of all, thank you for your invaluable help and tireless efforts to asylum seekers. I Applied for asylum in 2020 within one year after arriving in the US. At that time, I asked you so many questions (some were stupid ones).
But you answered all of them without any hesitation. Really appreciate your kindness.
It has been almost 5 years since my application submission. I and my wife had a big hope that the LIFO would trigger to fast interview call and in 1 or 2 year time we would able to file 730 for my daughter, who is in COP and 9 years old. NOW we are so desperate ones waiting too long and also with this Trump re-election.
Are there any way we could bring my daughter to the US as asylum seekers? I read many times that would be impossible before asylum case is solved. But still wondering around. Anyone know anything? It has been so painful to see how my wife and daughter terribly miss each other for almost 5 years.
Sorry 😢 if I have written irrelevant comments here. Hope you guys understand desperate parents .
Thank you again.
May God bless America and asylum seekers
This is a very difficult situation. I know of no way to bring her here as an asylum seeker. However, she could try to come here as a student (F-1 visa) if she was attending a private school, or on a tourist visa (B-2). The problem is that such visa require the person to leave at the end of their time in the US, and if her parents have a pending asylum case, the US consulate would most likely deny the visa, as they will think that the child will remain in the US with her parents. Nevertheless, she could try to get such a visa. Also, there are parole programs from certain countries (https://www.uscis.gov/CHNV) and if she is from there, maybe that could help. Finally, there is something called humanitarian parole, which is a way some people can come to the US (https://www.uscis.gov/humanitarian/humanitarian_parole). Maybe that is worth looking at as well. I do think it is unlikely she can get here soon, especially with the incoming administration set on curbing immigration, but maybe explore your options now to see if anything can be filed for her before the end of Biden’s term. Take care, Jason
Dear Jason,
Thank you for all the work you do. I’ve been an avid follower of your blog since 2016, and your insights have been a constant source of encouragement.
I filed for asylum in 2016, had my interview in 2022, and was subsequently referred to immigration court. I am still waiting for a court date. In 2023, my partner entered the U.S. on a B1 visa, and we got married. However, he was not added to my asylum case, and he is now out of status. Is it possible to add him to my case while it is still pending in immigration court?
Additionally, I am working as a BSN RN, currently pursuing my education to become a Nurse Practitioner. Can I file for an EB2-NIW visa while my asylum case is pending? Are there any other options I should consider?
I also have a U.S. citizen child, as well as a sibling and parent who are U.S. citizens. With the uncertainties surrounding the upcoming administration, I am feeling increasingly worried about my situation.
I would deeply appreciate your guidance and advice on the best steps forward.
Thank you so much for your time and support.
Sincerely
Unless he is in court, he cannot be added to your case. But if you win asylum and are legally married, you can file an I-730 for him, which will eventually give him asylum status. Alternatively, if he has an asylum case, he can file affirmatively (though be aware of the one-year filing rule, which I wrote about on January 18, 2018) and if he wins, he can file an I-730 for you. In terms of the EB2-NIW, you can file, but I highly doubt you will be able to get a GC that way. Most likely, you would need to close the court case, leave the US, and consular process. If you want to pursue that, talk to a lawyer and have the lawyer write down how it will work, step by step. If your child is close to 21, maybe you can ask to get the court case dismissed (I wrote about that on June 8, 2022, but once Trump returns, I doubt this will be an option). Your parent can also file an I-130 for you, but there is a long wait time (Google “DOS visa bulletin” to see that) and you would probably need to leave the US to get a GC based on a parent. This is also true for a sibling, but the wait time is even longer. Take care, Jason
USCIS sent me a notice of asylum approval and a work permit after asylum as been granted. However, I did not receive the I-94. Jason, do you know how long it takes to receive I-94 after asylum granted by USCIS Officer? Its been two weeks, should I contact the asylum office to inquire?
Normally the I-94 is on the last page or two of the approval notice. If it is not there, you can email the asylum office to ask – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hey Jason, based on what happened last time during the Trump administration, do you know if naturalized US citizens with prior asylum case had any issues with the travel ban? Like for example, them being detained at airports while returning? The travel ban is definitely coming back from what’s being reported. They are trying to make it legally robust so that it can be defended in courts. Apparently all this work already started three months ago per Axios as Trump campaign self funded their transition team.
As I recall, it did not affect US citizens, whether they were native born or naturalized. I think it would be effectively impossible to enforce a travel ban against any US citizen – the government would instead have to institute de-naturalization proceedings against that person. There is talk of a de-naturalization task force, but there are more than 23 million naturalized citizens in the US, and so USCIS will not have the resources to go after many of those. Take care, Jason
Hello ,
I hope you are doing well. My situation is really complicated and I don’t know where to start I came with my husband who was the main applicant in 2015, we came on B2 visa , he applied for asylum and we had the interview in 2018 and have not heard back. My husband died in March this year . We have TPS , I renewed my TPS and it is pending and I have been thinking of applying for EB2 based on NIW and now with Trump he is promising to end TPS . I don’t know if I have to apply for asylum . I don’t want to wait my whole life waiting to have a permanent status in this country that I have considered as home . What are my options as I am drained mentally and emotionally. Will this new administration will make it easier for graduates from US colleges and universities to have their green card or it is only campaign promises . No one should suffer this much to have his status adjusted . We came to this country because there is a war in our home country. I don’t get the idea that he will end TPS , has he ever thought of what a person might face if he / she is sent back to his torn country especially if there are kids (US kids)? I am really frustrated and can’t take any action .
If the principal applicant dies, the case ends and any dependents need to file their own asylum application(s). That sounds like it is necessary in your case – I wrote something about this on January 26, 2022. I do think you should talk to a lawyer about this to see how best to proceed, but I think you will need to file your own application – normally, an asylum applicant must file within one year of arriving, but in your case, I think you will be ok because you were a dependent on your husband’s case and now you have TPS. I do think you need to file before TPS ends; otherwise, you could be ineligible for asylum as the application could be considered untimely. In terms of EB2, maybe that would be possible given that you have TPS. Again, I think you need to talk to a lawyer about eligibility. I wrote something about this on August 28, 2018 and September 6, 2018, and maybe those posts would give you some ideas, but you will need to ask a lawyer about specifics. In terms of what Trump will do with employment-based immigration or anything else, we really do not know, and the best thing to do now is get prepared by talking to a lawyer and filing any applications that you are eligible to file. Take care, Jason
Hi Jason,
Thank you so much for everything you’ve done for us. I have a question regarding my case.
I’m from Syria and came to the U.S. legally on an F1 visa in 2017. I applied for asylum that same year, had my interview same year 2017, and was referred to immigration court in Dallas, Texas, in 2018. After three court hearings, I was granted asylum one month after the last hearing. The DHS did not appeal the decision.
This year, my wife and son were able to join me in the U.S. via an I-730 petition, and I recently received my green card. I also applied for green cards for my wife and son, but we have not received any updates yet.
“Given that my case was very complicated and I’m from Syria, do you think there might be delays in processing their green cards, and should I have any concerns about the safety of my own green card under policies from the Trump era?”
Thank you so much for your guidance and support.
I do not know the case, but based on what you wrote, I expect you will be ok, If a person qualifies for asylum, they should qualify for asylum (unless maybe they commit a crime after winning asylum). I would not be surprised if there were delays getting a GC for you and your family, as there were delays when Trump was President previously. At that time, they tried to interview all GC applicants, and so you should definitely keep all your documents and evidence so you will have that and can review it before your interview. Also, double check that your I-485 form is consistent with your prior forms, especially the I-589. I wrote about that on November 13, 2017. Finally, I think this will not be an issue, but you should not apply for citizenship until all your family members have their GCs. If you do, it could significantly delay their cases (I wrote about this on February 10, 2022 near the end of the post, but again, I doubt this will be an issue for you). Take care, Jason
Hi Jason,
I have Refugee Travel Document and i just have applied for Green Card(asylee). Can i travel outside of US ? I heard some people saying that u need Advanced Parole if you have GC application pending??
If yes, how long does it take to make one?
You do not need AP if you have an RTD. As long as you return before the RTD expires, you should be fine. However, if you plan to return to the US after Trump is in office, you will need to keep an eye out for any travel bans. Those ultimately did not affect asylees last time (though for a while, that was not clear), but we do not know what will happen this time. Take care, Jason
Hello Mr Jason,
Thanks for all you do. I applied for Asylum in 2019 and still have not heard from USCIS concerning interview
I have an 8 year old son who is Canadian by birth. He lives with me .
1.Do you have think I should apply for his EAD?
2. If the worst ever comes to the worst and we are refused Asylum, can we ask to be deported to Canada?
Thanks so much
1 – The first EAD based on asylum pending is free, so there is no reason not to apply, and he will have it if he ever needs it. 2 – I do not know the law for Canada and so you can ask a lawyer in that country how you can go there. I would imagine that you would at least be able to seek asylum in Canada if your son is a citizen (normally, people who seek asylum in the US cannot go to Canada to seek asylum, but there are exceptions to that rule, including if you have certain Canadian relatives). Also, maybe there are other immigration options as well. Take care, Jason
Hi Jason, Thanks for your message, I need to add this, I have already filed motion to advance and it was almost 3 months ago and it got denied buy that Judge who moved to east coast despite giving him all of the medical documents and I still want to know your advices if filling Mandamus , could it potentially lead to any negative repercussions from a new judge or prosecutor regarding my asylum case?
Thanks,
Rex
Dear Jason, I hope this message finds you well.
I would like to express my sincere gratitude for your continued support of asylum seekers and our community.
I referred my case to the court in Los Angeles in December 2021, and I was scheduled for an individual hearing in the middle of next year. However, it has been over three months without a judge assigned to my case. Due to my current mental health condition, as documented by my psychiatrist, this delay has been particularly challenging for me. I submitted a letter from my doctor to the court, but during my recent visit, the court clerk informed me that there is no judge available, as the previously assigned judge has moved to an immigration court on the East Coast.
Given these circumstances, I am considering the possibility of filing a Mandamus lawsuit against the immigration court. I know a knowledgeable Mandamus lawyer who could assist with this process. Would this approach be feasible, and could it potentially lead to any negative repercussions from a new judge or prosecutor regarding my asylum case?
I appreciate your guidance on this matter.
Thank you,
Rex
I do not know how a mandamus would work in court, but I think you should first try a motion to advance. You can cite the reason as your mental health and ask the court to give you an earlier court date. To do this, your case needs to be complete and ready to go. I wrote about advancing a case in court on April 20, 2017. If that fails, maybe then you can consider a mandamus, but I think the motion to advance should be tried first. Take care, Jason
We have already did that almost 3 months ago and it got denied but that Judge who moved to east coast despite giving him all of the medical documents and I still want to know your advices if filling Mandamus , could it potentially lead to any negative repercussions from a new judge or prosecutor regarding my asylum case?
Thanks,
Rex
If you have a new reason, you can try again, as it should be assigned to a new judge. In terms of mandamus, I do not do such cases, and so I am not sure whether it will work, but if it does work, I highly doubt it will cause the judge to be prejudiced against you. I suppose you never know, but it sounds like you tried other ways to get a hearing and you have a health problem and need a sooner date. Take care, Jason
@Rex rexico
unfortunately, you can’t sue the court so mandamus won’t work!!! only USCIS can be sued when it comes to immigration but no court can be sued!! bad news but sorry for that
I do not know about this – I think any government agency can be sued, and so I do not see why a mandamus is not possible, at least in theory. The person would need to talk to a lawyer who does such cases to get advice about this. Take care, Jason
please jason correct your info!! an immigration court can’t be sued and writ of mandmaus only for USCIS when it comes to the immigration!! i’m wondering how you don’t know about that!!
you wanna sue a court at another court hahahaha is that a new law?
Immigration courts are not courts in the same way as a federal court is a court. Immigration courts are part of the Justice Departments and the judges are “administrative judges,” actually lawyers who serve in a judicial role. So you would not be suing a court, you would be suing the Justice Department, which happens all the time. Whether such a lawsuit can actually work, I do not know, but if the person wants to try, it is worth a conversation with a lawyer who does mandamus cases. Take care, Jason
Hi,
If someone is from TPS eligible country but they were in a pending asylum since 2015.
I understand there are limited (almost impossible) option to get travel document while in pending asylum. My question:-
1) Is it possible to get travel document by using the TPS?
2)Can they have TPS with out affecting the pending asylum?
3) If the answer is yes for the above, what’s your recommendation?
You can get Advance Parole to allow you to re-enter the US while your asylum case is pending. I wrote about that on September 11, 2017. It can be difficult to get, but it is definitely possible. You have to use your passport when you travel, and so that has to be valid. Using the passport could potentially have a negative effect on your asylum case, so be aware of that (usually it does not, but they could ask why you used a passport issued by a government that seeks to persecute you). In terms of your questions: 1 – If you have TPS, you can also apply for Advance Parole. It is easier to get AP based on TPS than based on asylum, but once you get it, it is the same document. 2 – Yes, but if you have your asylum interview and asylum is denied, they will just close your case if you have TPS (though you could re-file for asylum later). If you do not have TPS, they will send your case to court where you can apply again for asylum. 3 – I would look at the post I did from September 11, 2017 and if you think you can get AP based on asylum, you can try that, but if you prefer to have TPS, you can apply for that and then apply for AP based on TPS. Take care, Jason
Thanks a lot for creating awareness and this valuable resource for us asylum seekers.
I interviewed few months ago at the asylum office and received a call recently from the asylum officer sayin that I need to come again for another interview. The officer said its nothing to be concern about and that it’s because there’s a section of the my statement they didn’t notice or didn’t ask questions about. M question is that what’s the best way to prepare for this second interview and what can i avoid or do to help my case
I did a post on June 22, 2022 addressing this exact point and maybe that would be helpful. In short, prepare as you prepared for the first interview, and also try to review what happened at the first interview, so you can answer in a way that is consistent with what you said at that interview. Take care, Jason
Can a well-prepared immigration lawyer really overrides DHS & IJ’s biases if DHS intentionally tries to challenge the immigrant and IJ already made their mind to deny and just wants to make excuses to deny ?
It’s just a lot of times. I feel that immigration lawyers, even when they make the best arguments, the Immigration Courts/BIA/Federal Courts still ultimately rule against the immigrant, making me question whether it will make a difference…
It works both ways, lots of lawyers, including me, have done cases where we think the client cannot qualify for relief, but we win anyway. Take care, Jason
Not necessarily, but they have a much better chance than an unprepared applicant and lawyer. Take care, Jason