As part of its “mass deportation” plan, the incoming Trump Administration has promised to detain many more immigrants and asylum seekers.
Currently, ICE has the capacity to hold about 40,000 people at any given time. Tom Homan, Mr. Trump’s “Border Czar,” has promised to increase detention capacity to at least 100,000. Whether the budget or political will exists to implement these plans, we shall see, but certainly we can expect some level of increased immigration enforcement and detention. If nothing else, the new Administration plans a campaign of “shock and awe” to terrify non-citizens and perhaps convince them to leave the country.
Here, we will discuss what happens when an immigrant is detained, and how to prepare for that possibility.
There are a few main ways that non-citizens end up in ICE (Immigration and Customs Enforcement) custody: (1) They arrive at the border and are detained; (2) They are stopped by local law enforcement or commit a crime, and are then passed along to ICE; or (3) They are directly detained by ICE, usually from home or in a work-place raid.
I would guess that the third possibility is by far the least common. I’ve represented hundreds of asylum seekers, and probably less than 1% had any contact at all with ICE; even fewer were detained. So if you are not arriving at the border or getting arrested by the police, the odds of being detained by ICE are pretty low. That said, such an encounter is not impossible, and I wrote here about what to do if you are stopped by ICE.
For anyone with even a small chance of being detained (i.e., every non-citizen), there are some steps you can take to prepare. First, make sure your family members and friends have your emergency contact list, and if you have children, make a plan with a trusted person to assist the children in the event that you are detained. Second, be sure that important documents for you and your immediate family members are in a safe and accessible place (passports, birth certificates, marriage certificate, immigration applications and receipts, financial records, vehicle and property documents, evidence for your case, any criminal records). Third, if you have U.S.-born children, you might want to obtain their passport for your home country, so if you are deported, they can more easily go with you. Fourth, if you have children or significant property in the U.S., you might want to arrange for a power of attorney so someone can take care of the children or manage your property. Finally, you might talk to a lawyer to learn what options (if any) are available for you to remain in the United States, and to think through any specific steps that you can take now.
Some of these ideas are easy; others require more work or money. However, if you are detained, it will be much more difficult to protect your family, manage your affairs or litigate your case if you have not prepared in advance.
If you are detained, you can ask to be released on bond. This is where you deposit money with the U.S. government (usually several thousand dollars), and the government holds that money until the end of your case. If you fail to appear for a court hearing, ICE check-in or deportation, you lose your money. Not everyone is eligible to be released on a bond, and sometimes, those who are eligible are denied a bond. Other times, people who are ineligible for a bond are released anyway, usually because ICE does not have the bed space to hold everyone.
For people who are detained and not released, they must present any applications for relief from behind bars. To make matters worse, people in ICE detention are often relocated to prisons in remote areas, and they are forced to present their cases to judges in those areas. In these circumstances, it is very difficult to prepare applications, gather evidence, and contact witnesses. It can also be difficult and expensive to find a lawyer. Detained cases move more quickly than non-detained cases (since the government does not want to pay to keep people in jail), and the “hurry up” schedule makes it even more challenging to prepare a defense to deportation.
Aside from these differences, detained cases in Immigration Court generally proceed in the same way as non-detained cases, and I wrote about the hearing itself here.
One last point: If you look at approval rates for Immigration Judges who primarily decide detained asylum cases, you will see that a high percentage of cases are denied. This is in part due to the factors mentioned above (that detained cases are more difficult to litigate), but there are other reasons as well. Many immigrants who are detained file for asylum as a last resort, and such cases tend to be very weak. Also, many detained asylum seekers have missed the one-year filing deadline, and such applications are often denied because they were filed too late. Finally, some detained non-citizens have criminal records, and this makes it more difficult or impossible to win asylum. For all these reasons, IJs who decide detained cases have higher denial rates. But if some of these issues do not apply to you, and if you prepare in advance, it is entirely possible to win an asylum case, even for applicants who are detained.
The Trump Administration wants you to be afraid. But try not to let them get to you. Despite their plan for mass deportations, the likelihood of actually being detained is probably quite low. If you are prepared and keep an eye on the news, there is nothing else to do except remain calm and carry on with your life. And have faith that this too shall pass.
[…] ground are being affected. For now, it is best to remain calm, keep an eye on the news, and take reasonable precautions so you are ready for whatever may […]
Hi Jason,
Thank you for all the work you do.
Through the INA and its amendments over the years, ICE has discretionary detainment powers over any non-citizen in removal proceedings. Is that correct?
If so and if someone applied for affirmative asylum but was referred to EOIR and placed in removal proceedings, and then also applying for a humanitarian visa like VAWA, U, or T, while still appealing to all hearings – could the new administration still target the individual for detainment through EOs, memorandums, and rule making?
Lastly, since immigration violations are civil offenses – how is the US not breaking 1951 Refugee Convention, by detaining immigrants, especially asylum seekers?
Best,
As I understand the law, ICE could legally detain almost any asylum applicant. However, there are probably 4+ million such people in the US; there are also probably another 1 or 2 million people in court seeking other (non-asylum) relief, and millions more with applications pending with USCIS. Currently, in all federal and state facilities, we detain less than 2 million people, and ICE currently has bed space for about 40,000 people. So detaining millions of people would be extremely difficult and costly. ICE of course plans to increase capacity, but they have limited resources and so while things will be bad, I do not expect that most, or even a significant percentage, of asylum seekers will be detained or placed under stricter supervision. We will have to see how things go, but with limited resources, I just don’t see that the new Administration can detins millions of people, especially in the near term. Take care, Jason
Hi jason. 2 years ego I entered here without a visa at the border, my asylum case is ongoing, I had a traffic accident here, I will have surgery on my back, can I bring my mother? Will the hospital documents I will get here help me to get a visa?thank you
She can try to come here. The fact that you have a pending asylum case may make it more difficult for her to get a visa, but that is a bigger problem for spouses and children of asylum seekers, and less of a problem for parents (since a parent cannot benefit from your asylum case). She should present as much evidence as possible that she will return home after her visit – proof of other family back home, job, property, etc. Such evidence may increase the likelihood of getting a visa. Take care, Jason
m having real issues applying for my passport from Pakistan and I am not able to do so they are saying that I applied for asylum in 2017 so they are going to investigate. investigation is already taken four months and they’re still not sending me my passport my mom is not well back home and I need to go ahead to a different country. They don’t even understand. I have contacted minister of interior in that country and still no one is able to help me. They’re so going through the entire process even though I have not been approved asylum they dont understand it. now my question is, can I apply for advance parole and travel to that Third World country where my mom is do I really need a passport? What are my other options Please can you let me know thank you.
Also, can you share some light when your own country does not help you to apply for passport and they try to make it so difficult even though in the media they have put a news article out that they have reversed their decision that they are not going to issue passports to asylum seeker they’re still holding onto an application without any reason And for my case I don’t even have an interview or approved asylum, but they’re still not processing my passport what should I do in this case Jason?
Affirmative asylum seekers can get Advance Parole – I wrote about that on September 11, 2017. However, AP is not a travel document. It is just a piece of paper with your photo on it, and it acts like a US visa. So you also need a passport to travel. I have heard that Pakistan is somehow targeting their citizens who seek asylum abroad (maybe this is an additional basis for asylum), but I do not know the status of that or the details. Maybe you want to talk to a lawyer in Pakistan to see if you can get help getting the passport. Otherwise, I am not sure how to make them give you the passport. Take care, Jason
His action of attempting to obtain a passport after applying for asylum…that fact will be counted against him in asylum adjudication…right ?
@Kayra: Do you not know that it’s not recommended to renew passport as an asylum seeker ?
Hello Jason sir,
Is buffalo new york court of immigration a good court for asylum approval. Is it a bad court for asylum approvals. My master date is next month feb. if i change my address before feb to new york city can i go to new york court which has better approval rating. Or at master hearing i tell judge i moved to new york. Will the judge ask for proof of moving or will he allow short term notice moving and cancel the master hearing and new york city court give me new master hearing ? Or new york city court will give me only final hearing. Thanks
If you are in court, it is best to have a lawyer, and the lawyer can do this for you. But if you move, you should file a change of address (form EOIR-33). You can then either ask the court to move the case at the Master Hearing, or you can file a motion to change venue to NY. I do not know the grant rates for Buffalo, and unfortunately, the web site that listed that data is currently off line. NYC is generally a good court, but not all judges there are good. Maybe if you talk to a lawyer in Buffalo who knows the judge, you can get an idea about whether your judge has a high or low approval rate. Take care, Jason
Hi Jason,
I was approved Asylum last year and filed I730 in November for my wife who is with me here in the US in valid status. The receipt date is November 8th. We haven’t heard back from USCIS ever since for fingerprinting. I heard usually fingerprinting appointment is setup in 4-6 weeks and its been over 2 months now. The status online says “Fees were waived” since we received the receipt. Are you also seeing delays with such cases and with fingerprinting in particular?
Make sure that they did not send you a notice indicating that fingerprints are not needed, as that happens in many cases. Otherwise, I am not sure of the time frame for I-730 biometrics. Maybe you want to double check that you indicated on the form that she is in the US. Otherwise, as long as you have the receipt, you should be fine. In general, we have seen I-730 cases take 1 to 2 years for people in the US. Take care, Jason
Hi Jason,
Thank you for your response. I just double checked the receipt and it does not say “fingerprints are not needed”. Also, I checked the I730 form that I sent and it has my wife’s US address and the box checked which says beneficiary is in currently in the US. However, reviewing the form, I see a mistake that I made. In Part 2, “Information about your alien relative, the beneficiary” section, I made a mistake and wrote the same name as Family Name and Middle Name, which is not correct. This was a genuine mistake. What can I, if anything, do to rectify this mistake? Your help is very much appreciated.
If it is possible to submit documents through a USCIS online account, you can submit a letter explaining the error. I suspect you cannot do that for a case like this, and if so, I would explain the error in a letter and mail it to the last USCIS address that sent you a letter/receipt. Attach a copy of the receipt to your letter so it can be matched with the file and keep a copy for yourself. When you go to the interview, you can bring that with you also. I do not think this error will be a big problem, but it is worth trying to correct. Take care, Jason
I’m having real issues applying for my passport from Pakistan and I am not able to do so they are saying that I applied for asylum in 2017 so they are going to investigate. investigation is already taken four months and they’re still not sending me my passport my mom is not well back home and I need to go ahead to a different country. They don’t even understand. I have contacted minister of interior in that country and still no one is able to help me. They’re so going through the entire process even though I have not been approved asylum they dont understand it. now my question is, can I apply for advance parole and travel to that Third World country where my mom is do I really need a passport? What are my other options Please can you let me know thank you.
Also, can you share some light when your own country does not help you to apply for passport and they try to make it so difficult even though in the media they have put a news article out that they have reversed their decision that they are not going to issue passports to asylum seeker they’re still holding onto an application without any reason And for my case I don’t even have an interview or approved asylum, but they’re still not processing my passport what should I do in this case Jason?
Affirmative asylum seekers can get Advance Parole – I wrote about that on September 11, 2017. However, AP is not a travel document. It is just a piece of paper with your photo on it, and it acts like a US visa. So you also need a passport to travel. I have heard that Pakistan is somehow targeting their citizens who seek asylum abroad (maybe this is an additional basis for asylum), but I do not know the status of that or the details. Maybe you want to talk to a lawyer in Pakistan to see if you can get help getting the passport. Otherwise, I am not sure how to make them give you the passport. Take care, Jason
Hi Jason,
I have a technical question, I’m eligible for citizenship in one month, when I adjusted my status, I got an RFI regarding all my criminal history, I provided all documents I have since the once crime I was convicited of was related directly to my grant of asylum (political presecution). when applying for N400, should I do the same thing over again? by that I mean should I also submit an explanation of the past criminal conviction and why it happened and provide a background explanation? It’s from overseas so I can’t get a disposition or anything like that. Thank you
You would have to tell them on the N-400 form and provide an explanation with evidence, yes. I would also note in the explanation that the arrest was part of you asylum case and that you informed USCIS about it there and when you filed for the GC. Take care, Jason
Good Morning Mr Jason.
Happy Healthy New Year to you and your family.
Please I have a question, my cousin passed citizenship test and he suppose to swear on January 9th but uscis was closed. In the mi-time uscis sent him a form to fill out for swearing. On the form it has criminal question and ticket for trafic violation. He is taxi driver and got one recently but the ticket doesn’t have the fee and usually for the taxi driver they plead no guilty and go to court sometimes they win.
Uscis just scheduled him for next week, what is the impact if he said yes he got ticket recently for trafic violation? Thank you and have a good day.
I am not sure, as it may depend on the ticket. Maybe he wants to talk to a lawyer to be certain, but normally a traffic ticket would have no effect. I guess if he does not talk to a lawyer, he needs to get a copy of the ticket and – if it is resolved – a copy of the “disposition” or final outcome of the case. I do not know whether this would cause a delay if the ticket is not yet resolved. Take care, Jason
https://www.murrayosorio.com/meet-the-team/
I want to ask…why Murray Osorio has a huge portion of Latino people ?
I don’t see people from my cultural background…And do you guys speak any language other than English and Spanish ?
Sometimes, I am concerned whether this … Hispanic ethnicity, being the only minority group of a big law firm…..will reinforce the stereotype that immigration issue is a latino issue…
What do you think ?
Most immigrants in the US are Spanish speaking, so most firms are this way. The firm represents people from many countries and has people who speak different languages. Take care, Jason
Hi Jason, How can I reach you so you can help me apply for my green card based on being granted asylum?
The best way is through the MurrayOsorio.com website. They can schedule an appointment for you. Take care, Jason
Hi Jason. I will be applying for citizenship soon. I travel pretty frequently and do not want any of those trips to interfere with the N400 process so I need to plan in advance so I need to know how many “in-person appointments” the entire N400 process requires. As far as I know, upon submitting the form N400, they will schedule for a biometrics collection appointment (usually 4-6 weeks later) and then months later will schedule an interview and then weeks later the Oath ceremony. Am I correct? Is there anything else I should do to plan in advance? I heard it is not always easy to reschedule those appointments. Thanks
I think all that is right. Many (probably most) people do not get a biometrics appointment, as they just re-use the data they already have, but you never know – maybe you will get one. The time until the interview varies, but currently, it is probably 6 to 12 months. Maybe that will change under Trump. The oath ceremony is usually days or a few weeks after the interview, assuming you qualify. Take care, Jason
Thank you for your reply, Jason. In case I need to schedule a trip while my N400 is in process, in your experience, how easy is to request (and have it granted) a different date for biometrics/interview/Oath ceremony with USCIS claiming previously planned travel?
I have not rescheduled in a long time, but there are instructions on the biometric letter about rescheduling, and it should be possible. However, since you know approximately when you would get a biometric appointment (a month or two after filing the N-400), maybe you want to try to be in the US at that time. Again, most people in this situation do not need an appointment; USCIS just re-uses the biometrics they have for you, but you can never be certain about that and so if you can arrange to be in the US, that would be better. Take care, Jason
Thanks Jason. Yes, it will be easier to predict when they will send the biometrics appointment (if they ever request one) but it will be harder to predict when they will call me for an interview since it could be anytime between 3-12 months after I file the N400. So I will have to avoid any trip during this 9-months period.
I don’t think you have to avoid the trip, but maybe you have to be prepared to change your plans if an interview is scheduled (or you can try to reschedule – I don’t know, but that may be easier if you file the application online). Take care, Jason
Hi Jason
My marriage based 2 yr GC is expiring in May. I am nolonger married, we went to court to finalize divorce in November and judge said decision will come after 120 days. It was an uncontested divorce.
Can i still apply for/ renew my GC to the 10 year one without my spouse and without the decision from court, that is the divorce certificate?
Can i also apply 90 days before the expiration of the 2yr GC without the divorce certificate then send the certificate separately once it arrives? I am asking this because my employment depends on the GC too (as work authorization) and i would not want to be terminated while the application is pending.
We got married in January of 2022. GC was issued May 2023. Marriage lasted about 2 years 8 months and was irretrievably broken. Filed for divorce October 2024 and November we went to court, now awaiting 120 days. Marriage ended after 2 years 8 months while before GC reaches 2 years. Does that matter?
Thank you
You have to file form I-751 before the current GC expires. You can file yourself, but it is more difficult to win such a case. Assuming you are divorced by the time USCIS adjudicates the case, you need to prove that the marriage was “bona fide” (i.e., legitimate and not entered to evade the immigration law), so you should gather and save as much evidence as possible to show that the marriage was true. You can file the I-751 before the divorce is final and then update the application once you have the divorce document. I recommend you have a lawyer help you, as these cases can be very difficult, and things will likely be even harder under Trump. Take care, Jason
Thank you Jason
You mentioned “so you should gather and save as much evidence as possible to show that the marriage was true”. What do you mean by this? I have reasons why we fell apart for example him taking loans and putting my name without consent, trying to deposit fake checks, not paying internet bills that were in his name, not filing taxes since we married. Is this okay? Please let me know examples of what you mean by proving it was a true marriage.
Thank you
Aside from showing evidence that the marriage fell apart, you also need to show evidence that the marriage was real: photos together, joint bills, bank statements, insurance, letters from people who know about the marriage, birth certificates of any children, or anything else you have to show that the marriage was true. Take care, Jason
Hello Jason! Thank you for your time in helping asylum seekers. I applied for asylum in 2017 and still waiting for interview, i came here as F1 student and applied for asylum while my student status is active. Now i do not have any status but pending asylum, i also do not have my valid home country passport because it expired in 2018 and never renewed it.
My question is will i be affected by mass deportation? Or it will only affect illegal entry / border crossing ?
Your response will be much appreciated. Thank you!
We don’t know, but asylum is part of the law and if you have a pending case, you cannot simply be deported. We will have to see how the Trump Administration handles mass deportation, but legally, you are protected from removal, and so hopefully, you (and other asylum seekes) will not be primary targets. Take care, Jason
Thank you for your response!
Hello sir, i moved from california ny to a small city in central new york state. My asylum office was san Francisco office and i was waiting for interview for 1 year 11 months after filing. I filed in feb 2023. I know san Francisco asylum office is the best for approval but i had to move for personal reasons. And because of job etc i moved to central new york. I changed address to my current address in ny online uscis account. I googled asylum office locator. My asylum office is not new york asylum office but new jersey asylum office. So is my case in new jersey asylum office or do i need to send a letter or something to asylum office.
Also will moving asylum office result in faster scheduling of interview or will nj asylum office put me still in backlog cuz my case pending for 2 years how is nj asylum office in approval rates. Are people getting interviews there
Upstate NY, Connecticut, Massachusetts etc all fall under the jurisdiction of the Newwark asylum office in NJ. They have a better approval rate than that NY asylum office. Your case should be sent automatically to the new office after address change but it might take time. Doesnt hurt to mail them to check. You will most likely be sent to the backlog.
Many people who live in NY state fall under the jurisdiction of the NJ asylum office, so that is normal. It is also good news, as the NY office has a very low approval rate. Moving offices has no predictable effect on how fast the case goes – you should be considered in the same order as a person who originally filed in the NJ office, but since no one knows the order of how cases are interviewed, it is impossible to say whether this will make the case faster or slower. In terms of grant rates, NJ has traditionally been about average – I posted the most recent date (which is not so new) on July 13, 2022. Take care, Jason
Hi. We are Asylee family. My a son is GC holder. One year remaining in his Citizenship time. My Question is that if he do marriage as a GC holder and apply i130 for his spouse after getting Citizenship then can he do? another queen is that in how much time after marriage he can file i130? what is time range?
If he has a GC and gets married, he can file an I-130 for his spouse immediately. There is a waiting time for spouses of GC holders – you can see that if you Google “DOS Visa Bulletin” and look under the category of spouses of permanent residents. There is no wait time for spouses of US citizens, though it takes time to process such cases. If he becomes a citizen after he files the I-130, his spouse will move to the category of spouses of US citizens and can come to the US as soon as the case is processed. Take care, Jason
Hi Jason. I am Asylum holder and have to apply for Neutralization soon. My wife do not know English but can read and write Urdu. My Question is that can she be helped out for her interview and test in Urdu?
There are ways to waive the English test when you naturalize – for example, if you meet certain age requirements and length of time with a GC (I can never remember the requirements, but it is in the N-400 instructions; it is something like over 65 years of age and 10 years with a GC or maybe over 60 years of age and 15 years with a GC – you’d have to check the instructions. Another way to do the case in your native language is if you have certain types of disabilities. For most people, though, they need to do the case in English and pass the English test. Take care, Jason
I came across this post on Reddit and I’d love to hear your thoughts on it, Jason! We all know that green card processing is going to slow down, but do you think the N-400 will actually speed up or at least stay about the same as it is now? I remember during the last Trump administration; the citizenship process didn’t take long time either.
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15 hr. ago
N400 potentially speeding up under new Admin!
N-400 (Citizenship)
So here’s an interesting thing. I had my interview yesterday and was approved (yay!). I asked the officer if they thought things likely to slow down when Trump comes in as my husband hasn’t actually submitted his application yet. She said actually they had been told its more likely they’ll be faster doing citizenships with resources directed to those teams. But Green Cards, they expect to be likely severely hit.
She also said they’d had a massive uptick in Citizenship applications from long standing permanent residents who were spooked for what may come.
I don’t know how that officer would know, but I suppose it is as good a guess as any. I guess I am not confident anything will speed up at USCIS (except maybe some denials), but we shall see. Take care, Jason
Hello,
I am a green card holder based on asylum, and I am originally from Syria. With the regime change in Syria, do you think it is safe to renew my Syrian passport to travel to a third country? My asylum case was based on fear of persecution from the Assad regime. It has been incredibly difficult to plant travel with a refugee travel document due to its limited validity period of 1 year.
Thank you
We do not know how bad the Trump Administration will be, but they clearly have not been friendly towards Syrian refugees. While I know that the RTD is a very annoying document (limited duration, takes forever to get it), it is still safer than using the passport. I wrote more about this on May 25, 2022, but each person will have to evaluate for themselves the need to travel and the potential risk. Maybe in a few weeks or months, you will get a sense of the new Administration and will be better able to evaluate the risk of using your passport. By the way, under Biden, I would say that the risk was low (though not zero), but we will have to see with Trump. Take care, Jason
How about during the previous Trump’s term (2017-20)? Did you have clients who had issues because they renewed their passports to travel to third neutral countries? Thanks
Not that I recall – we did have to explain in some cases why the person renewed, and why a government that wants to persecute the person would renew their passport. Other than that, I do not think anyone had a case denied for this reason. Take care, Jason
Thanks for the reply Jason. That is interesting. Were those cases from people during their asylum application? Or after they were granted asylum?
After they had asylum. Take care, Jason
Hi
I hear after one year of asylum approval and getting the green card, the asylum seeker status switches from asylee to permanent resident. Does that it mean its less likely they will face questions when they use thier country of origin passport along with thie greencard to travel to a third country?
Thank you
The status does not change automatically – you have to apply for a green card. Also, you do not have to wait a full year (though Trump could change that). I have been recommending people wait at least 6 months, and I explain the reasoning in a post dated February 6, 2023. I think having a GC is probably a more secure status than asylum, but it is still better to not use your passport, as that can raise questions about whether the original asylum case was legitimate (why are you using a passport from a country that seeks to persecute you?). I wrote more about this issue on May 25, 2022. Take care, Jason
Hello Jason,
I waited 5 years for my interview and I became an asylee finally February 2020. My green card arrived in 2021. My green card residency date is 6/20/21 expires: 6/20/2032.
Can I apply for citizenship now? Or I need to wait another year?
I have read somewhere saying I should count total 5 years starting 2020. 1 year before residency.
I am just confused. Would like to apply for citizenship as soon as possible but don’t know why? I would appreciate if you can help me.
Also want to let you know that you have been always helping me through this website since I started this journey.
Thank you and God bless you.
The GC should have been back-dated one year from the date you got it, so if you got it in 2021, it should have been dated 2020. It sounds like that may not have happened. Otherwise, you can apply for citizenship 5 years after the date on the GC, assuming you meet all other requirements. Also, you can mail the application up to 90 days before the 5-year anniversary. Unfortunately, there is no credit for the 5 years you waited for your asylum case. Take care, Jason
Hi Jason, i finally got my asylum case approved by New Orleans office after 6 years waiting for my interview, i had been suffering for all that time waiting and waiting, however, my question now is when can i apply for a green card? I know it says one year after getting an asylee status, but not sure if me waited for six years to get my interview scheduled might make any difference here, if no, and i have to wait a whole year, Is there an early filing window? Like 90 days before the one year mark?
Thank you in advance for helping me!!
The rule changed in early 2023 and you no longer have to wait a year. Most lawyers, including me, are recommending you wait 6 months. I explain the reasoning in a post dated February 6, 2023. Whether Trump will change that rule again, we don’t yet know. Take care, Jason
Hi Jason,
I am a greencard holder through DV lottery. I need to submit my US entries and exits for N-400 application but i couldn’t get them through https://i94.cbp.dhs.gov/search/history-search website. It says No Record Found for Traveler. I tried it my old passport, new passport and greencard which is used for Canada but i got the same response. How can i get the records?
It may be possible to do a Freedom of Information Act request with CBP, but I have not had luck with those. If you cannot get them, you can do your best to mention each trip, but explain that you do not have a record and that you are not sure about all the dates or trips. The main thing is to be sure you qualify to naturalize – if you have left the US for 6 months or longer, or if you spent less than 50% of your time inside the US, these things could make you ineligible to naturalize. Otherwise, if you do your best to list each trip and explain the uncertainty, that should be ok. Take care, Jason
“I’ve represented hundreds of asylum seekers, and probably less than 1% had any contact at all with ICE; even fewer were detained. ”
Do these asylum seekers you mentioned include those who have final order of removals and exhausted their appeals ?
If it is…than it sounds like…at most 10 out of all the asylum seekers you represented had any contact at all with ICE, that’s a great feat and I want to praise you for that. I think even though, it’s likely your client base is mostly high end, that’s still a great feat.
It is not a feat of any kind. They had pending cases and ICE left them alone, which is (or at least has been) standard procedure. Take care, Jason
Hi Jason,
Happy New Year! I have a quick question about the timeline for naturalization.
I’ve been a permanent resident through asylum since 04/21/2021. Based on my understanding, the earliest I can apply for naturalization would be 01/22/2026 (90 days before the 5-year mark). However, I recall you mentioned that asylees can deduct one year and become eligible to apply for naturalization within four years of their permanent resident anniversary, accounting for time spent in the U.S. as an asylee before receiving a green card. Did I understand that correctly? If so, does that mean I would be eligible to apply this month?
Thank you for your guidance!
When an asylee gets a GC, it is supposed to be back-dated one year. So if you got the GC based on asylum in 2022, it would be dated 2021, and you can file for citizenship 5 years minus 90 days after the date on the GC (assuming you meet all other requirements). Sometimes, USCIS forgets to back date the card. If that happened, you can try to correct it, which is annoying, but if you want to naturalize sooner, it might be worth a try. Take care, Jason
Hi Jason. I am a permanent resident (green card holder) as a result of previously granted asylum. I am NOT from a Muslim country and my birth country has NEVER been on any travel ban except during COVID when most of the World was banned. I have left the US multiple times since I got my green card without any issue coming back whatsoever. Nevertheless, I am worried to travel now since I will be coming back a few days after the inauguration day. Do you think any travel ban may affect green card holders? Thanks
I think it will not affect GC holders, but I do not know for sure what they will try to do or what problems it will cause. I do think it would be better to be in the US prior to January 20, since we don’t know what will happen, but I also highly doubt that any ban would affect GC holders, and if it did, I think that would likely be struck down by the courts. Take care, Jason
I am curious that whether most asylum officers or IJs really understand what it means to be …persecuted…
They typically grew in first-world countries, never have to endure the hardship that asylum seekers need to go through…Can they really make an accurate adjudication regarding whether they suffered persecution (or in fear of persecution) ? Because, in my opinion, only people who have been through persecution can really understand what it means to be persecuted…
I think they can apply the facts and the law and reach a fair decision in most cases. Whether they really understand “persecution,” I have no idea. Take care, Jason
I heard a certain texas IJ denies every asylum case…can he apply the facts and the law and reach a fair decision ?
I didn’t get my asylum or green card through any shady means, but come on, Jason, I think you’re blowing things out of proportion. Even if someone did commit fraud, the new administration isn’t just going to have USCIS dig through millions of approved cases from the last four years. Sure, they might look into cases for those waiting on their green cards, but for those who already have one, no one’s going to touch their files until they apply for citizenship. Plus, any fraud would have to be super obvious to even get noticed! It just doesn’t make sense to sift through all those cases when the courts and USCIS are already swamped with work. The government doesn’t have the resources for that, whether it’s Trump or anyone else in charge.
I do think the new administration’s plans will be limited by government resources and public will. However, my point is that we do not know, and there is no harm in being prepared. Many of these steps are things everyone should do (have an emergency contact list, have a plan for children if something happens to the parent, etc.). I think we should not panic. But I also think everyone should prepare. Take care, Jason
I understand your point, Jason, but what I mean is that Trump’s primary focus is on illegal immigrants, unresolved asylum applications, fraudulent marriage cases, and similar issues. However, individuals with green cards in the U.S. are generally not at risk from him. For those who may have mistakenly filled out their I-485 forms, it’s perfectly fine to rectify that information before the N-400 interview occurs. Nevertheless, I have no doubt that Trump will pursue the deportation of millions, and we will likely see numerous denials following asylum interviews. Yet, individuals who already have green cards are largely secure from any repercussions from Trump, unless they have significant issues, like a criminal record or serious fraud concerns like using wrong identity or wrong names. If there are no such worries, you should be completely safe regardless of Trump’s policies. Both Tom Homan and Trump advocate for legal immigration, emphasizing the importance of following proper procedures. Therefore, as a green card holder, you should feel entirely secure as long as you haven’t committed any crimes or similar infractions.
Maybe I am too much of a pessimist and I hope you are correct about GC holders. If I had a GC, I would not be particularly worried, but I might try to take steps so I am ready just in case anything happens. Take care, Jason
Just a heads up,
There are reports indicating their will be a raid in Washington DC on Trump inaguration day, January 20th. Not sure if it is 100% true but there it is most likely will happen for photo ops and media coverage in connection with the TRUMP inaguration; just heads up and be safe out there
*There
I have not heard such rumors, but clearly, ICE is excited to start separating families and harming innocent people. Or, in their fantasy world, arresting millions of criminal aliens. In any event, I do think it is important for all non-citizens to prepare for the worst, and as always, hope for the best. Take care, Jason
Hello Jason.
I have my case which has been dismissed at the immigration court since December 5, 2024. It’s been over 1 month. I didn’t receive the letter for dismissed from the court. My lawyer also didn’t receive the letter. How can I get the letter from the immigration court. Thank you for your answer
You can call the court and ask the judge’s law clerk. You can find their contact info if you follow the link under Resources called Immigration Court. Take care, Jason
I called the New York immigration court number for 2 days, no one answered. I would like to know if I can go in person to be able to collect the letter of dismissal from my case. Thank you
It is not easy to reach people at the courts, but if you keep trying you should have some luck eventually. I do not practice in NY and so I do not know, but in my local courts, if you go in person, you can talk to a clerk. They can allow you to schedule a time to review your file and maybe they will copy a few pages for you, or they can just print what you need. Whether you can do this in NY, I am not sure, but you can try. At a minimum, if you go to the court, you should be able to talk with a clerk and get some advice. But hopefully, you can get to them by phone, as that would be easier (there are also ways to request a full copy of your file – see, for example, FOIA EOIR under Resources). Take care, Jason
Hi Jason,
Why am I being sent to secondary inspection every time? Is it because I’m from a Muslim country? Also, the officer said something very strange that my RTD was reported stolen, but in fact it has never been stolen or reported to be stolen? Also why can’t I get a boarding pass at the kiosk with the RTD? Thank you.
Unfortunately unless you have a Green Card you will go through secondary. It’s not because you are from muslim. RTD in a Travel Document which has less protection features and CBP also has to admit you as Asylee, this is why you arr going to secondary and then they are admitting you as an asylee. For KIOSK thing is the same reason , it’s not a passport and a lot of countries don’t accept it or accept it with some rules and regulations…it’s not biometric, it has special rules and etc….
Can you tell us what do they ask you in secondary?do they give you hard time?
Thank you for your response although just to let you know I do have a GC. They ask things like why did you go there, what do you do here, things like that.
I don’t know, but I would not be surprised if your country of origin is a factor. If you are an asylee or refugee and you have the RTD, I think you will be fine, though I would definitely not be outside the US once the new Administration comes into office, as a travel ban is expected and that will likely cause chaos for many non-citizens (and some citizens) who are outside the US. It is a reason to apply for the Green Card as soon as possible. Assuming you are otherwise eligible, you can apply 6 months after you got asylum or refugee status – I wrote about that on February 8, 2023. Take care, Jason
Thank you Jason for your response. I do have a GC and traveled with RTD+GC. Never traveled without GC.
Are you saying even asylee GC holders should also not travel after Jan 20? I thought GC holders should be safe. I am from a Muslim majority country although it was not on the list of ban countries in his first administration.
We just don’t know how things will look once Trump takes office. I doubt that a GC person will have any problems, but given the unknowns, I would not be outside the country when Trump is sworn in or make firm plans to travel after that until we get a sense of how things will look. Again, I think travel for a GC person will be ok, and everyone needs to make their own decisions, but until we know more, I personally would err on the side of caution. Take care, Jason
Hi Jason,
You mentioned that the upcoming travel ban might affect some citizens. Could you please elaborate on what you meant by that? I’m a naturalized U.S. citizen, and my spouse is a dual US and Canadian citizen. We’re planning a trip to Europe soon, and I’d greatly appreciate any insights you can share about whether this ban could affect us. Thank you for your time!
During the first Trump Administration, the travel ban did not affect citizens and I doubt it will affect citizens this time. I don’t see how that could be implemented without violating the law. I do think the Administration could spend resources trying to uncover naturalization fraud (as they indicated they would do this), though that is a lot of work and time, and so I am not sure it is a realistic goal. In short, while we will have to wait to see how things develop, I don’t see that there is any problem for US citizens, including those who have naturalized. Take care, Jason
Hi Jason.
In GC application there is a question about employment OUTSIDE of the US. The thing is i contributed and worked for a political movement in my country, BUT i never earned any income, so technically that’s not an employment! I will 100% disclose this organization in the next question about being a participant in any movement, but as an employment I probably shouldn’t put it right?
Thank you.
If it was not an employer, I do not see why you need to put it. However, if you are worried, just check “no”, circle the question, write see cover letter, and provide an explanation like you did here in the cover letter (or for an e-filed case, in the supplement page). Do be careful to be consistent here with any prior applications, such as the I-589. Take care, Jason
but as A GC holder ice can’t mess with me? right?
I think it is unlikely, but the chances are not zero. If they think you got the GC based on fraud or if you violated your status somehow, they could. Also, we have no idea what the next Administration will do, and so I think everyone should at least take the basic steps to protect themselves (have an emergency contact person and have your important documents available if needed). Take care, Jason