As part of the transition to my new firm, I have been learning their procedures: How they intake cases, create calendars, store documents, manage consultations, etc. As a lawyer, I’ve attended many consultations over the years, but I have always been the lawyer doing the consulting. I have to listen carefully to the person’s story and think of ways to help. I don’t get to focus on the humanity of the situation. But learning the ropes at Murray Osorio (ok, yes, shameless plug for my new firm) allowed me to observe other attorneys consulting with potential clients. Since I didn’t have to pay close attention to the substance of the meeting, I could think more about the human side of things. And this got me thinking about all we are about to lose once the new Administration takes office.
One consultation involved a woman from Asia who had been in an emotionally abusive marriage. She came to the U.S. to visit her children, who are students here, and she did not return home when her status expired. It was clear to me that she had suffered in her country, and that the prospect of going back was terrifying for her and for her children.
The woman isn’t anyone famous, and as far as I know, she is living an ordinary life in the United States. She is not a political activist or a member of a persecuted religious or ethnic minority, or a member of any other group that might easily qualify for asylum.
With the imminent arrival of the Trump Administration, it’s likely that we will see new restrictions on asylum seekers, particularly victims of domestic violence. And so, after exploring all the options, the attorney recommended that the potential client hold off filing for asylum, at least until we know better how the legal landscape will look under the new Administration.
The woman was friendly and grateful for the advice. She was also sad and fearful of what may come–in the United States or in her home country should she be forced to return. I always say that lawyers can help even when they can’t help, because at least the client has had an honest assessment of her case and will (hopefully) avoid being scammed by charlatans who take advantage of desperate people.
As for me, the meeting left me feeling sad. Sad for the woman, a good person in a difficult situation who our country will not help, and sad for our country, which has chosen to turn its back on people like her. I am also sad because we have based our anti-immigrant policies on falsehoods–that immigrants commit crimes, take jobs, collect welfare, eat pets. These are the blood libels of 21st Century America, the lies that we tell about immigrants to justify causing them harm.
Even worse than the lies about immigrants are the lies we tell ourselves. We are too cowardly to admit that we are gratuitously harming innocent people who have come to us for aid. At least we should have the honesty to admit what we are.
On the eve of the next Trump Administration, it is hard not to be pessimistic for our country. We stand to lose so much by excluding good people who want only to find a better life for themselves and contribute to our nation’s success. But worse than that is what we ourselves have lost. We have become a people too ready to compromise our ideals and our decency in order to protect ourselves from a boogeyman. We mistake cruelty for strength. We willingly accept obvious lies to shield ourselves from our own moral failings.
My favorite Founding Father, Ben Franklin, once wrote, “Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.” In the coming years, many non-citizens will be losing their liberty and their safety. And whether we know it or not, our country is descending on a path that will harm us all. Immigrants are just the canaries in the coal mine.
Hi Jason, thanks for your selfless service to asylum seekers community. Will people with WOR be targeted for deportation under Trump’s presidency? Secondly, what will be your advice if someone in that category without criminal records encounters an ICE agent.
Appreciate your help.
I do not know, but such people are legally not easy to deport, since they have shown a 50%+ chance of being persecuted in their country. I would keep an eye on the news to see if there is any movement towards targeting WOR or Torture Convention relief people. I did a post on October 7, 2020 with some ideas for what to do if you encounter ICE. At a minimum, you should make sure to have proof of your WOR status on your person if they ask for it. Take care, Jason
Hi Jason,
My attorney withdrew my case from court for individual hearing to be held in March 2025 and I have my kid with me age 10 years who is also going to accompany me in the court. No attorney is available to take my case because the court date is very close.
Can I appear in court without an attorney?
Or to find an attorney I need more time from court, can I request from court to give me more time so that I can find an attorney who can represent me in the court?
And can I request court to keep my kid out of court room during proceedings?
Please advise.
Thanks
Do you know why you attorney withdrew ?
My attorney withdrew saying he can withdraw my case any stage as per the contract. I don’t see such thing mentioned in the contract and now as he already decided not to represent me in the court, I can not and I don’t want to waste my time knowing the reason as he already has made decision not to represent me. And court already granted motion to withdraw.
It will be difficult to find a lawyer in that time frame. You can write a letter to the Immigration Court and explain what happened and ask for more time. You have to send a copy to the DHS Office of the Chief Counsel. There are links to both offices under Resources – you can follow that to find your local office. If possible, you should deliver this by hand and bring an extra copy for the court to stamp (you just go to the court and there is a clerk who can accept papers – you can ask the clerk about filing a copy with DHS). At least that will give the court some warning about what has happened. On the court day itself, you can also ask for more time, but you should be able to show what efforts you made to find a lawyer. If the judge will not allow that, you will need to move forward, meaning you need to file evidence with the court and DHS prior to the trial (usually 15 days before, but in some cases 30 or more days before). Finally, minor children are usually excused from the courtroom. Try your best to find a lawyer who might at least ask for a delay to learn the case. Good luck, Jason
So I had checked both the DHS and USCIS websites few times today and only DHS has some updates on the new administrations plan (which are part of President’s executive orders). USCIS looks like it is still under Biden administration, no update so far, hope they won’t touse our pending asylum cases without reviewing it case by case
So far, at least the asylum office in Virginia is very busy. I recommend you make sure you have all evidence ready in case you are called for an interview. Take care, Jason
Jason, thanks for what you doing for the people. I have a question: I hold a pending asylum case, did not overstay my b1/b2. Have been residing within the same apartment for 7 years now. Taking of what is going on with Trump’s orders, what if prior to me there were other people living and happened to get a removal, deportation or anything like that. Imagine ICE came with the order but those people obviously gone from this apartment many years ago. Should I open the door? Can they question me? Thank you!
Such things happen, though I imagine they are rare, given that there are so many immigrants in the US I do not know all the specific rules for ICE, but I did posts on January 8, 2025 and October 7, 2020 that might help. Take care, Jason
Hi Jason, I have a quick question, did Trump sign any travel ban for certain countries this time?
I have not seen that yet. We shall see. Take care, Jason
So Trump just signed and canceled a lot of EO of Biden…is the GC interview rule back?it’s so hard to follow with 100 of EO
It will take a little time to get through most of these. I will try to post something, but I don’t have time to review it very carefully just now. Take care, Jason
Hi Jason
Thank you for your support for those seeking protection. I have a question: under the strict immigration policies of the Trump administration, do you think New Orleans will change its attitude toward asylum seekers? I recently transferred my case to New Orleans, but I’m not sure if it was a good decision.
I don’t know. I expect there will be more pressure to deny cases, but how that will impact different offices, we will have to wait and see. Anyway, I would rather be in NO under Trump than NYC under Biden. Take care, Jason
Hi Jason. I have a question regarding asylee who have been victim of unlawful arrest detention or police kidnaping in their home country. Will the US add this things t to their background despite they were prosecuted in their home country? I see people who are victims of police torture in their home country but still unsure how its gonna impact the background check even after granted asylum.
Will this result with person having a criminal background in the US if that person was tortured by the police and unlawfully detained that person? Or what happen in case where there is no offence but police still use unlawful practice like torture?
It is fair for the US government to ask about this, but normally, if they accept the asylum case, they do not consider the unlawful arrest back home in a negative way. That is not always the case, and I imagine it depends on many factors how the US government views the overseas arrest. How the new Administration will treat such arrests remains to be seen. Take care, Jason
Hi Jason,
Hope all is well, thank you for your all responses ,I asked in different times.
Now I have questions about the latest phenomena
Deportation.
We live in NY and we have master hearing in July 2025, we have no any criminal records and we are working as we have 5 years valid EAD.
So is there any problem for us? Do we need to be careful? Please I look forward hearing from you.
Best regards
Jhampa
I doubt you are a priority. I wrote last week about some precautions to take, but I do not know that there is a real danger for you. The good news is that you have some months to see how things develop, and you should have a better idea about what to expect by the time your Master Hearing arrives. Take care, Jason
Hi Jason,
Thank for very much for your relentless help and support for the asylum community.
I’ve been living in the US for about 10 years on pending asylum status. I did my interview 2 years ago, but no decision so far. Just wondering if I can apply for Cancellation of Removal/Deportation. Is this applicable to pending asylum cases too? I don’t think I understand the concept of cancellation of Removal/Deportation. Can you please help me understand it? Thanks
Cancellation of Removal is a way for non-citizens to get a green card, but it can only be done in Immigration Court. In short, if you (1) have 10+ years inside the US, (2) are a person of good moral character, and (3) have a parent, minor child or spouse who is a US citizen or GC holder and who will suffer extreme hardship if you are deported, then you may qualify for Cancellation (which again, can only be done in court). Even if you get Cancellation, there is a waiting period that is not known, but it is probably about 4 years. So the process is difficult and very slow, but for some people in court, it is an option. Take care, Jason
Is it possible though to sue for some other immigration benefit damage that can’t be remedied due to the caps and say, but you knkw what, this applicant would have been eligible for Cancellation only if it weren’t for this limbo that he is placed in these unending backlogs due to the caps. Why not compensate her by allowing her to apply affirmatively for Cancellation or as a compastion placing her in deportaion and court so she can apply defensively for Cancellation? Is this a scenario you can litigate? Receive as a remedy not the thing applied for but something else you could qualify for if it wasn’t for the backlogged application and limbo quazi status? Here it’s not asulum but a damage caused by them with proof by not promulgating regulations as required on time thus taking away the right of the person to apply for the benefit under the law.
I highly doubt that would work, as no non-citizen has a right to an immigration benefit. Only a right to adjudication for benefits that they are eligible for. It is even questionable whether mandamus will always work for asylum or similar cases, as some courts believe that a person does not have a right to a timely adjudication of their pending case (this seems ridiculous to me, and I think most courts accept mandamus cases, but I am not sure that will always be the case). Take care, Jason
Dear Jason,
thank you for your help! I have a few questions, please. Taking the recent events:
– I came to the United States many years ago, legally, did not overstay, filed for the asylum correctly, did nothing wrong, have a pending asylum, ssn, EAD, driver’s license. No criminal or anything like that whatsoever. We are hardworking family. Is there anything why should I be concern about Trump’s new ideas re immigration? Why?
– As an example, let’s say ICE approaches me or my family members. Is there anything why shouldn’t we simply say, Sir, here is my pending asylum case number, ssn, EAD, driver’s license. What can possibly happen in this situation? Could we simply be detained because of a bad mood of ICE officer? Based on what law? We did nothing wrong, did everything by the book, have all the paperwork updated.
– Now let’s imagine that figurative ICE officer was in a bad mood and we somehow ended up in ICE jail. Is there any way to talk there with anyone, is there any way to simply explain anyone there all the paperwork are fine or, do you believe they will simply keep us there for a year and then deport?
– In this situation I simply can’t see what is going to happen with all of those loans, medical bills, credit cards, what is going to happen to my 401K? I feel very concern, honestly.
– I can understand the concern of those people who overstayed and then filed, who came illegally, who have no ssn, EAD, but why should we be concern; we the people who did all by the book and nothing wrong. Shouldn’t we?
When you have time, please, share your thoughts with us.
Thank you!
It is still too soon to know what the new Administration wants to do with affirmative asylum seekers. I did a post about what to do if you are stopped by ICE on October 7, 2020 and maybe that would help with some of the questions. But we do not know if the Administration plans to target affirmative asylum seeker – if so, that will not be easy since there are 2+ million of them (not to mention probably another 2 million in Immigration Court). In general, if you are not getting arrested for a crime, it is unlikely that ICE will be looking for you. They simply do not have the capacity. They also do not nearly have capacity to detain so many people. That said, there are some things you can do to protect yourself and I wrote about that on January 8, 2025. Unfortunately, a big part of their plan is to terrorize people by saying how they will be detaining and deporting everyone. They want you to be afraid. But asylum is part of the law and that offers protection from deportation until the case is decided. As I see it, affirmative asylum seekers are pretty safe, but it is very scary due to the tough talk and because we do not know what they will do. Soon enough, we will know what they are doing and this will at least give us an idea about whether asylum seekers have something to worry about. Take care, Jason
The exucutive order from yesterday has a very broad wording to cover everyone “detaned for uspected” of something. Not charged or convicted but suspected. It says any “alien” which coveres every human beign that is not a citizen under INA.
Suspected for violating any state or federal law. Well if you use light bulbs in your living room that are unapproved by your state and they detain you for this or let’s say for speeding do you fit that requirement well you might very well do,l. Who’s to say, them? Well if it’s on their discretion you can guess…
There are already very broad powers to detain many non-citizens, but there is very limited capacity, and despite Trump’s victory, I suspect there is limited political will to detain massive numbers of people. Take care, Jason
Since 2017, my family and I have been waiting for our first call from the USCIS office regarding our pending asylum status. In the past three years, I have developed sleep apnea and shortness of breath, and I am currently receiving treatment from a doctor with the help of sleeping materials. Will there be any positive points to add to my case? I am constantly overthinking about our status and what will happen. My daughter is turning 14, and we have no status, only a pending asylum application with a valid work permit.
Majority of Americans support deporting immigrants who are in the U.S. illegally
https://www.ipsos.com/en-us/majority-americans-support-deporting-immigrants-who-are-us-illegally
It’s time to go, folks! The American people chose Trump for a reason, and that reason is to see you deported. Have some respect and take the initiative to leave before the immigration police come for you. Honestly, no one wants you here, and if you know your asylum story isn’t strong, just pack up and head out. The citizens and lawmakers in this country are not on your side and do not want y’all here, so seriously, just leave already!
To me, your comment is intellectually dishonest and cowardly. It is dishonest to refuse to look at individual cases, and hear individual stories. It is much easier to lump everyone into a category – illegals – and that way you don’t have to deal with the real humans in front of you. You can avoid moral responsibility by pretending everyone coming here is unworthy of protection or just faking it to get papers, but you have no idea, since you are not bothering to see the real people who are suffering. It is a sad way to go through life, and of course, it contributes to harming others. I personally don’t believe everyone who comes here should be allowed to remain, but I do think that if we want to be moral people, we cannot dismiss people without evaluating their claims and making an honest decision. Take care, Jason
Well said, Jason!
Hi Jason, I arrived in the US in November 2017 with a visa “B,” which allowed me to stay for six months, ending in May 2018. I applied for asylum in October 2018, so I overstayed my visa for about 5 months before applying for asylum. Now, I’m completing Form I-485 based on granted asylum, and there are three questions in Part 9 that I’m not sure how to answer. Is overstating my B visa related to those questions? if yes, and I have to answer yes to the first two questions, how can I explain myself? Thank you in advance for helping me here!
*Question #13 “Have you ever violated the terms or conditions of your nonimmigrant status?
*Question #76 “Since April 1, 1997, have you been unlawfully present in the United States? you were unlawfully present in the United States if you were present in the United States after the expiration of the period of stay authorized by the Department of Homeland Security or were present in the United States without being admitted
*Question #77 “If answered yes to question (76). was a severe form of trafficking in persons at least one central reason for your unlawful presence in the United States?
It seems to me that the answer to the first to questions is yes, since it sounds like you did those things. Usually, USCIS does not require an explanation for this, and we say something in the cover letter like – The person overstayed their visa, and then filed for asylum, which was granted on X date. That has been enough in the past, and if the need more, they can ask you. As for the third question, it only applies if you were subject to human trafficking (such as sex slavery or maybe forced labor). Take care, Jason
Dear Jason,
Thank you again for all your help and guidance.
I have another question: my lawyer suggested that I attend the court proceedings online instead of appearing in person. Do you think attending in person could offer any advantages or privileges? Or should I trust her recommendation to attend online?
I appreciate your insight on this matter.
Best regards,
I can’t say that I have done a case online where I think the results would have been different in person, and so I think for most cases, it does not make a lot of difference. However, some applicants may prefer one medium over the other – maybe the person feels more comfortable testifying from home and less intimidated. On the other hand, it is often easier to interact with others (and with the evidence) in person. So in a case like this, I guess it is up to what you prefer, and for most cases and applicants, I do not think there is any big difference one way or the other. Take care, Jason
I remember one time I am in the field office.
A counsel of immigrant is arguing with the USCIS officer…she is saying something like “Are you going to adjudicating it today ?”
All the people in the hall are looking at the immigrant and the counsel…
This is bad right ? A counsel should not argue with the uscis officer…right ?
It completely depends on the situation. Take care, Jason
Here below a former Officer’s Perspective on why USCIS is slow. I thought this would help us better understand how things work with USCIS.
From time to time I will look into this subreddit, and provide some advice, but also just want to see what people are saying about their immigration processes. I worked as an ISO/ISO2 for several years and thought it might be of value to say why some cases take longer, and why USCIS is so “slow”. This list is not in any particular order – and I’m not going to provide case-specific recommendations. This is what comes to mind, and I am sure there are other issues that I’ll forget to add.
USCIS is understaffed. Yes, it is understaffed. You cannot imagine how bad it still is. USCIS is about 85% staffed, and a great deal of the people who left, are leaving, or are trying to be hired are officers. Major FODs struggle to keep ISOs for more than a year or so, and the turnover is horrible. This means that even in the best circumstances, USCIS (CIS), is going to be operating at a sub-optimal rate. Often time this is brought up, but I cannot stress this enough. Let me put this another way; there are many application types and benefits that USCIS adjudicates. Not every ISO is trained to adjudicate every form, and new ISOs cannot do all of the most common form types. This creates a problem for FODs that cannot retain staff as fewer and fewer ISOs can do specific benefits like DV, or I-601 waivers. This means that bottlenecks arise for certain applications that need to wait for waivers or have complex factors at play. There are other issues:
ISOs realize the pay and stress of the job are crazy; you can find almost any job that pays the same GS level that has a fraction of the stress. Ironically, ISOs are still very productive but it’s the fact that the number of cases coming in outpaces the adjudication rate.
Major FODs have the worst retention as the stress, gs-pay, and cost of living frequently drive people out of the job. In metropolitan FODs, some have lost basically half of the ISOs from a year or two ago.
Management issues; Some supervisors are great. Many are not, and for different reasons.
For ISOs that stay, they can find promotions or jobs elsewhere and usually dip after 2-5 years.
Everything has a cost – every task or delay comes at the cost of something else. When ISOs leave, management will keep the same goals and will shift them to the diminishing pool of ISOs until they burn out. Great ISOs are rewarded with more work, and they figure out very quickly who the good workers are, and who the favorite workers are (yes, nepotism/favoritism is yet another issue).
For context, of the roughly 30+ ISOs that I worked with that started around the same time as me or slightly after, all but 2 left. This is incredible considering that immigration is a niche field, and so you get lots of immigration/human rights/volunteering people with tremendous backgrounds, and they all become disillusioned right away.
Covid funding and possible furloughs made a bunch of people jump ship and CIS still has not recovered – imagine losing a significant portion of your workforce and then because of a hiring freeze, you cannot hire any new people! This was the case for CIS for about 1-2 years.
But wait, CIS is hiring new people, right? Yep, but there’s a delay in the hiring and working. Two things to keep in mind. One, hiring takes a while and requires a background check and a clearance (which makes sense – we work with sensitive information and national security issues) which can take up to a year, meaning it takes a long time to get hired, after getting an offer. Two, new hires have to be trained and that takes a long time (again, understand this is a very difficult and niche job). For the first year, new ISOs don’t start interviewing and adjudicating until 3 months or so.
Legal
For any benefit you apply for, the burden of proof never shifts to USCIS. Unless USCIS is seeking to revoke/take back a benefit provided, you have a 100% burden to establish that you are eligible for any benefit. Why does this matter? If there is any doubt or issues with a case, and USCIS asks for info about it – it is up to you to submit evidence to clarify that. Some cases have issues that are being hidden by applicants, and sometimes things come up that may not appear to matter to applicants but matter to USCIS. Because the burden is on applicants, oftentimes USCIS has to request more information to establish that they are eligible – this delays things. Of course, USCIS can provide better information before interviews, attorneys can better prepare their clients and applicants could be better informed – but ultimately this standard slows things down (for good reason).
CIS is frequently sued (this is the case for all agencies that provide benefits, like Social Security), and so in time ISOs become more and more risk-averse – you learn very quickly that 99 successes will be overlooked if you mess up once – and so ISOs will stick to the book whenever possible. This means ISOs will frequently kick things back to applicants if there is ever a doubt, and this is partly why. Additionally, the common discourse about delays in applications leading to, “sue/file a mandamus” has organizational costs as lawyers are expensive, and they take staffing hours. This isn’t saying you should not consult legal services and take appropriate measures if your case needs specific redresses, but the overwhelming majority of applicants file unjustified (IMO) expedites or mandamus very shortly after passing expected timelines.
Immigration law is a political football – the rules change frequently, and CIS is always having to update and follow these laws. CIS also has to enforce these, even when it doesn’t seem fair. CIS does not make laws, Congress does. So when people raise issues about visa allocations or testing requirements, it wasn’t CIS that set these rules up. Contacting your representatives about updating immigration policy is always recommended, but getting angry at an ISO for following the letter of the law is like shooting the messenger (bad example, but that’s how it feels). Sometimes cases are placed on hold pending Immigration court outcomes or pending litigation, or even nationwide holds on possible cases – there is nothing that ISOs can do, just wait and work on the files we are given.
Fraud
Fraud is getting more complex every year, and that increases the costs and time it takes to adjudicate cases. Whether we like it or not, immigration is wrought with fraud, and in some areas much more than others. This means that even cases that are fine, require more time to properly vet because of trends with fraud, and again, the burden is on the applicant to show eligibility (and meet other requirements like discretion).
This also burns out ISOs because believe it or not, it takes quite a bit out of you having people lie to you every day. Often times the lies are so overt that you’d be surprised. This makes most seasoned ISOs jaded because years of this takes a toll.
But if nothing else, let me give you an example that exemplifies the issues that USCIS currently faces. Consider N400’s, applications for naturalization. By law, there are requirements (tests) for basic English and civics (US History). Of course, there are exemptions for this if you meet certain age and length of residency, but the majority of applicants have to meet these testing requirements. Unfortunately, there are people with medical/psychological issues that are unable to meet these requirements – which is terrible! So USCIS makes a change to allow people with these terrible conditions to file another form that describes these conditions, which would allow them to be exempted from the testing requirements. This is great – this created a pathway for special needs applicants to citizenship. Almost immediately, people started submitting bogus forms to sidestep the testing requirements. In the years I interviewed these forms, I’d say a couple of hundred interviews for these (as you would review them at the N400 interview), and I can say that I can count on my fingers how many were genuine (Let’s say 10 which is rounding up generously). So imagine having hundreds of applicants come in and testify that they are severely disabled to the point they cannot take care of themselves, and almost every single one is lying. To make this even worse, applicants will pay MORE to the doctors creating fake writeups than a filing fee, and will also file for a fee waiver; meaning they pay nothing to USCIS, but thousands for fraud assistance, and USCIS still has to pick up the processing tab.
Interview
Interviews frequently bring up new issues, which means you have to establish that you are eligible. This delays things. Sometimes applicants answer questions, or cannot answer questions that raise questions.
Moving and rescheduling delay your process by a bit, this is because it takes a while to route files to new offices, and that’s assuming USCIS was told about your new address.
Applicants often speak their 2nd, 3rd, or nth language, so there can be misunderstood questions that create issues. I’ve had applicants say that they have been members of terrorist groups because they didn’t understand the question.
Interviews can quickly go off the rails as applicants can cheat on tests, bring in fake documents, or try to have their family members lie about their identity so they can interpret the interview. If you can imagine it, it happened in an interview at some point.
ISOs are also human, they might be having a bad day that makes the interview suboptimal – I get that. Most days ISOs have people come in super late, or interviews go very late for a variety of reasons, and that means they don’t get lunch or have to catch up. This can change the nature of interviews. It also means that there might not be enough time to cover all of the necessary topics. Human error plays a role in everything, and fortunately for applicants, there is a standardized way to appeal decisions if there was/appeared to be an error by USCIS.
ISOs have no interest in taking more time than necessary on any given case. If they have what they need, they will move the case along. On any given day, ISOs want to get rid of all 8-10 applicants/files they work with.
Tech
USCIS is trying to modernize, which is great. But this comes with growing pains.
Often times systems break, which delays adjudications. ISOs get blamed for this no matter what – but it’s a common issue.
Legacy cases might be in old systems that create issues when the issues are resolved and are finally being reviewed/adjudicated. This is inevitable when you have millions upon millions of applications.
Generally Speaking
Things are delayed for lots of reasons, don’t panic if you are waiting. Median and average processing times are exactly that, your case might be different. It might be simpler and just waiting to be sent to a FOD. Be patient.
Be cautious about posts complaining about why USCIS is taking a closer look at their case, often times the real reason isn’t included in their post. ISOs very quickly learn about common issues, and you’d be amazed at how bad some people are at hiding illegal things.
Sometimes the changes in priorities are set by Washington, so that is why certain benefits like I-485 employment-based might be brought to the forefront for a bit, and then other applications become the top priority. This can delay things for some applicants.
And that’s all I want to write for the moment, and like I said this is just what came to mind, and there are many other issues that make the process lengthy. Stay the course and you will be okay.
edit – I need to step away but I will come back and keep answering stuff. Hopefully, this is helpful! I know the process is slow and at times maddening, but USCIS tends to arc towards getting better but it will take time.
Edit – I am going to slowly get back to the messages and new posts over the next few days. I am glad this is helpful – again, I would remind you to always seek legal counsel for immigration needs as be (be careful as there are scams), and to remember I am not all-knowing. Also, lots of posts and messages talk about mental anguish, stress, and depression; and I would encourage any of you to seek help if you can. I am also here to chat if you need someone – but I am not a medical or psychological professional. Lastly- just a reminder not to send me or anyone any information that might reveal personal information about yourself or your process. I will never ask for any information like this. Hope you are all doing well and best of luck.
Last edit – I’m going to stop replying to things on this thread, so feel free to continue on if you’d like. I’ll probably post again in the future on another topic – I hope this was helpful to all of you.
Let me re-paste this: I would remind you to always seek legal counsel for immigration needs as be (be careful as there are scams), and to remember I am not all-knowing. Also, lots of posts and messages talk about mental anguish, stress, and depression; and I would encourage any of you to seek help if you can. I am also here to chat if you need someone – but I am not a medical or psychological professional. Lastly- just a reminder not to send me or anyone any information that might reveal personal information about yourself or your process. I will never ask for any information like this.
A lot of this rings true for me, as a lawyer working in the system – thank you for posting it here. Take care, Jason
I am happy for folks who are getting their cases processed quickly but its incredibly disheartening when you have been waiting literal 2 years for a seemingly very straightforward case; AOS application to be processed after waiting for over a decade to have my asylum approved. It has almost been 20 months of total silence and they won’t even investigate until I’m now outside of processing time for 5 months. There is absolutely no reason why I should be waiting this long, yet there is nothing I can do. Nobody has the right to immigrate, but after paying a considerable amount of money for a service, we should be entitled to having our cases processed within a reasonable amount of time. At the very least, we should be given some transparency when it’s clear things are taking longer than normal. This system is a living nightmare that puts lives on hold and destroys mental health. Even if I became a citizen one day, I will never forget how badly I was treated by USCIS.
With the return of the King, here we are on another rollercoaster tour for four years. We already suffer from depression and Depression can significantly affect your life by impacting your mood, thoughts, behavior, and ability to function in daily activities like work, relationships, and self-care, often leading to feelings of hopelessness, low self-worth, and difficulty concentrating, which can disrupt your personal and professional life considerably; in severe cases, it can even lead to suicidal thoughts or attempts. Oh God, what did I get my self into?
This is well said and sadly very true. Many, many people are suffering these same issues. If you have already inquired with USCIS about the case, you might try the USCIS Ombudsman – a link is under Resources and they sometimes help with delayed cases. Also, I did a post about the harm of delay on January 9, 2018, and maybe that would be of interest. I hope you see some progress soon. Take care, Jason
Hi Jason, there’s a lot of panic in my immigrant community. An Arabic speaking lawyer made a video saying anyone who’s not the court system, meaning they applied for asylum with USCIS because the court did not receive their files, are subject to deportation during any encounter with ICE even though they have valid EADs etc.
From previous posts of this particular lawyer, I believe his incentive is financial to sign a lot of those who in such situation. Any thoughts?
I have not seen the video, but if you have a pending asylum case, you cannot legally be deported. I do think it is reasonable to file for asylum to get some protection if you have a claim and no other status. Otherwise, I think we just need to see what the new Administration does. Certainly, they will be taking some quick actions to show they are doing something, but how that will look, we do not know. I understand why people are fearful, but for now, we can just try to get ready and hope for the best. Take care, Jason
Good Afternoon Jason,
I am green card holder and applied for RTD second time and request for expedite. It was denied my question is when i can request to expedite again?
Thank you.
Jimmy
Hello
I have a question, please, my asylum interview is in a week Nyc, old case. I have send the package with my documents via mail as stated on the interview notice. Should I send a copy with email too at the email address that is in the Uscis website, or that is not necessary.
Thank you
I would send a copy by email – they often lose documents submitted by mail. Also, bring a hard copy of all the filings so you can give it to the officer if the officer does not have it. Take care, Jason
Thank you so much for your reply.
Whenever you want, but unless you have some new evidence or reason to expedite, I do not see how it will help. Take care, Jason
Trump to Begin Large-Scale Deportations Tuesday
Chicago will be an early target, with as many as 200 officers being sent to carry out the operation, say people familiar with the planning
https://www.nytimes.com/2025/01/17/us/politics/trump-immigration-raids-chicago.html
Lets gooooooo hopefully this country gets cleaned under the Trump admin!!! if you’ve got a fake asylum story or you’re undocumented, it might be best to just take the initiative and leave on your own.
Unless you provide due process of law to people, how will you have any idea about which cases are legit or not? And if non-citizens have their due process rights taken away, what does that mean for the rest of us? Take care, Jason
Girl, you need to relax!
Hi Jason,
I currently hold a green card based on asylum. Last May, after purchasing my first home and moving to a different city, I submitted Form AR-11 online. While completing the form, it asked if I had a pending application and to provide the receipt number if applicable. I checked “I don’t have a pending application” since my green card had already been approved and I had not applied for naturalization.
When I checked the status of my submission today (January 18, 2025), it still says “Submitted.” The explanation provided for the “Submitted” status is:
“You have satisfied your Form AR-11 address change reporting requirement. If you provided a receipt number in your request, we are processing your request to change your address and will provide an updated status. If you did not provide a receipt number, the status of your request will not change.”
It seems that USCIS has not processed the address change. What do you advise me to do? Should I submit a new Form AR-11 with one of my previous receipt numbers?
Thank you,
Gr8ful
I would just keep proof that you filed the AR-11. There is nothing more to do. When you file a new form (for citizenship for example), you will use your new address. Take care, Jason
Dear Jason thank you for your help always.
I went for my individual hearing and the judge asked both my attorneys and the government prosecutor to have a things they will like to talk out before we commence the hearing
The judge excused them but later jump in when the government prosecutor asked that we get a medical certificate for my daughter on the case of FGM.
He said we have to get that. Also he said he will give is 2 cent that my case and my wife case should be consolidated into one. And asked for the case to be brought before her
A N adjourned till 3 months
What do you think Jason
I think it is usually best to do what the judge wants, but I do not know the full story, so it is hard to say. If the FGM is part of your case, it is important to get medical evidence of that. Also, if you were involved in circumcising your daughter, that could be a big problem for your asylum case – anyone who circumcises a girl could be considered a persecutor of others, which is a basis to deny asylum. I am guessing that you were not involved in the circumcision, and if so, maybe you want to be sure to explain that. Take care, Jason
Thank You for the prompt response.
I did not involve in FGM . It’s only one of my daughter that was listed on the case but she asked me to do for all of my daughters.
Hello Jason,
Can a person have two status’s 1. pending asylum(let’s call it primary) as well as 2. employment based status or any second status at same time?
If yes, and if only primary applicant is in US, dependents in persecution country, will dependents be allowed to come to US on second status based? even if they are mentioned as dependents in I-589 submitted.
Thanks!
Asylum is not a status, and so if you have an H1b, for example, you can also have a pending asylum case – your status is H1b. If you win asylum, your status changes to asylee. Whether a person with a pending asylum application can bring dependents based on his other status may depend on the other status. For H1b, it may be possible. For F-1, it will be more difficult, because students are required to leave the US at the end of their studies, and if the embassy thinks the dependents will not leave the US, they will probably not issue F-2 visas for them. Take care, Jason
Hello Jason,
It made me so tired to keep sending inquiries about my decision, and it seems it does not help at all for my case. Thank god, I have a baby now, he was born this month, and my wife is also permanent resident. Do I have to update USCIS about my child? Will this help now or in the future for the decision?
I know it might look weird but I believe we are trying any chance to see something good.
You do not need to update them unless for some reason the child is not a US citizen and you want to add him as a dependent. The inquires don’t do much, and it is good to focus on other things, like a new baby. What does work is a mandamus lawsuit – We wrote about that on October 2, 2018. Maybe it is worth a try if you can’t keep waiting. Take care, Jason
Hi Jason!
About 6 months ago, you wrote that USCIS begun dedicating asylum officers to go through the old cases. Does this trend still holds? If so, what year do these people file their case are?
We had a recent interview for a case filed in February 2015, and I saw other people at our asylum office (Virginia) who had filed around the same time period. It is probably different in different asylum offices. How they will schedule cases under Trump, we do not know. Take care, Jason
Dear Jason,
Well, eight years now.
1. filled asylum case in Nov 2016 => still pending
2. married to USC in 2023 and filled I-130 and I-485 in April 2024 => Based on the uscis online account both application statuses said “case decision “. (Thank you, you helped me to fill out the forms).
I feel like at this point I am tired and hopeless. The only thing that keeps me going is expecting a baby in 3 months. Should I drop the asylum case now or wait for both? I was here when the incoming president won and still I am here with his terrifying message—any advice as always appreciated.
It is best not to close a pending asylum case until you have the GC in your hand. There is no harm in keeping it open, and if you close it before you get the GC, you could be sent to Immigration Court (since you will have no status). Marriage cases are probably taking a year or a bit longer, so hopefully, you will have some positive news soon – maybe in time for the new baby. Take care, Jason
Let your words come true! Thank You 🙏
Hi Jason,
Is there a change in the standard of asylum?
My client just had the credible fear review hearing (Laredo TX). She stated as a mother of three under China’s then family planning policy, she was subject to forcible sterilization. The judge， however, affirmed the negative credible fear finding by the officer and hinted the family planning law has changed in China (to allow 3 children per household).
Is that how it is now, persecution ceases to be so in the case of forced sterilization under past law?
I am reading up on Matter of Y-T-L to see if Y-T-L affords the construction that changed family planning law could somehow “annual” past persecution.
My understanding is that the family planning law has changed. However, there are many reasons that the case could be denied – maybe the judge thought the person was not credible, or failed to comply with CBP-1. Or maybe there was not sufficient evidence she would be sterilized. But to your point, I think things are going in a bad direction and are likely to get a lot worse. Take care, Jason
Is that asylum advocates, seeing this change, cannot seem to be able to do anything to stop the trend… it makes me lose confidence in them tbh…
Good morning Mr. Jason, based on recent experience, I’d like to inquire if immigration authorities at US airports have the right to ask for someone with approved asylum phone passwotd nd go through my photos to check for evidence where I traveled. Did I have the legal right to refuse such search? I don’t have a green card yet.
CBP officers have a lot of power at the airport. I do not know the answer to your question, but I would not be surprised if they had the power to do that. You are not a US citizen, and even citizens are subject to different rules at the border. Maybe you can look on a website such as the ACLU, which protects people’s individual rights. Other immigration advocacy websites might also have such info. Take care, Jason
It just feels … strange.
As a non-us citizen..the rule of thumb should be NOT travel internationally. If a person travels, they will always face the risk of not being allowed to reenter…
I mean…CBP has a lot of discretion…I don’t understand why so many asylum seekers or asylees are … wanderlusts…
Additionally, I cannot understand…what’s drawing people to travel outside ? If they have family or friends at country of origin…I mean…those family or friends could travel to the u.s…right ? Also today there is Skype and zoom…people can see each other thru the internet…no need to meet in-person…
I think you know that most people cannot get a visa to the US, and if you have not seen your family for 5 or 10 years, it starts to become incredibly difficult. Take care, Jason
Hi Jason,
Thank you for your help I have a question I applied for I-730 petition for my partner it’s has been 2 years and 4 now and there’s no answer from USCIS after 9 months of application I received a letter of approval then I received another letter for request for evidence (RFE) I submitted the RFE since then nothing the status of my cas never changed 2 years and 4 months when I Itried to submit an inquiry it’s not allowed me to that then I chat with Emma but I requested a live agent to chat with and after asking me all details he said he cannot continue with my case according to section 208.6 the nature of the case status cannot be discussed online I have to call them directly instead what’s that means I don’t have ideas…if you can explain, have you have encountered any case like this…..
Maybe the agent is referring to 8 CFR 208.6, which has to do with confidentiality for asylum seekers and asylees. Maybe the agent could not discuss matters because you are not the person affected or their attorney? I am not sure. If the dependent is in the US, they should get an interview for the I-730, but if they are overseas, once the I-730 is approved, it should be sent to the US consulate and an interview will be scheduled there. If the case is not at the consulate, and (presumably) still with USCIS, maybe you want to inquire with the USCIS Ombudsman – there is a link under Resources and they sometimes help with delayed cases. If the I-730 is with the consulate, you probably need to Google the embassy website, find their contact info, and try to reach them by email. Take care, Jason
The EAD has code and a number on it.
Anybody with google can figure out the EAD code, thus breach confidentiality… so sad…
I am sorry to hear about that as well.
But I want to ask why this Asian woman is not easily qualified for asylum ?
Is it because 1) Her PSG is not a protected status ? ( “women from X asian country” ?) or 2) The harm she fears is from private actor ?
Isn’t victim of dv in itself a PSG ?
The case of emotional spousal abuse would be a difficult asylum case to win under any administration, but the prior Trump Administration tried very hard to block people seeking asylum based on domestic violence and also people seeking asylum based on fear from non-government actors. Also, on another note, I will be continuing the same work that I have always been doing, only under the new firm. I am going to remove future comments from you that I think are inappropriate or not relevant. Take care, Jason
I mean…of course emotional spousal abuse is gonna be difficult…if the harm is only…emotional in a domestic context…
“but the prior Trump Administration tried very hard to block people seeking asylum based on domestic violence and also people seeking asylum based on fear from non-government actors.” This though, is very concerning, as I think it’s contrary to the intent and spirit of INA and refugee ACT…maybe asylum advocates should … do a class action suit ?