There are probably 4+ million asylum seekers in the United States. These are people who filed an application for asylum, form I-589, with the USCIS Asylum Office or with the Immigration Court, and their dependents. Under the new Trump Administration, are such people safe from detention and deportation by ICE (Immigration and Customs Enforcement)?
The short answer seems to be: Mostly.
Here, we’ll discuss what protections asylum seekers have and what you can do to be ready if you encounter an ICE agent.
The first thing to know, I think, is that the new Administration believes it has a mandate to detain and deport “illegals,” and it is executing high-profile immigration raids in order to demonstrate its commitment to this policy and to frighten non-citizens and their family members. As I see it, this is a form of legal terrorism–they are detaining a few people with the intention of terrorizing the many who are here without permanent status. Sadly (and understandably), this strategy is working, as immigrant and minority communities are on edge.
However, it is important to keep ICE’s efforts in perspective. There are at least 11.7 million people in the United States who have no status or who have a temporary status or an application pending. Even if ICE could detain 1,500 people per day, as the President hopes (and which is far above the current average of five or six hundred per day), it would take more than 21 years to encounter all 11.7 million people. So while the raids are frightening, the odds of any one person (especially a person who is law abiding) actually being detained is quote low.
Indeed, if you must know, and if my math is accurate (a big “if”), and if ICE is actually able to detain 1,500 people every day (an even bigger “if”), then the odds of any one individual being detained by ICE is about 4.7% per year.
For asylum seekers, even if they encounter an ICE agent, they are not subject to deportation and cannot legally be removed from the United States–at least not until their asylum application is adjudicated. All non-citizens are required to carry proof of their status, and for asylum seekers, that would be the asylum receipt and/or the biometric receipt, the work permit (which shows category c-8, asylum pending), passport, and state ID or driver’s license. For dependent asylum seekers, they can also carry proof of the dependent relationship–for a spouse, a copy of the marriage certificate, and for a child, a copy of their birth certificate.
At this point, there is no indication that ICE is taking asylum seekers into custody, and given that these people are not a priority, it seems unlikely that they will be targeted for detention while their asylum cases are pending (though asylum seekers who commit crimes would likely be detained). So if you have your documentation of pending status and you are law abiding, you are probably safe from ICE.
But let’s say you do encounter an ICE agent or a police officer inquiring about your immigration status (depending on the state or locality, some police officers may ask about immigration status). What do you do?
First, remain calm. Don’t argue or fight, or try to run away.
If you are not a U.S. citizen, you are required to show your documents to ICE. However, you are not required to answer questions about where you were born, your immigration status or how you entered the United States, and you have the right to remain silent. You can ask to talk with your lawyer (though unlike in a criminal arrest, the government does not provide a lawyer if you cannot afford one). If you have a lawyer, make sure you know the lawyer’s contact information and the contact information for a trusted family member or friend who you can call.
If you are stopped by state or local police, as opposed to ICE, you are not required to disclose your immigration status and you can exercise your right to remain silent, though in some states, you must provide the police with your name.
For asylum seekers, the best approach may simply be to give the ICE agent or police officer proof of your pending case, which demonstrates that you are lawfully present in the country. As long as you are reporting to Immigration Court, the Asylum Office or any other appointment, there is no reason to detain you, and you cannot be deported until after your case is decided.
For more information about how to prepare and what to do if you are questioned by ICE, the ACLU has a helpful Know Your Rights page that is worth a look.
The prospect of being questioned or detained by ICE or the police is frightening. But keep in mind that asylum seekers have rights, including the right to have your asylum case adjudicated before you can be removed from the country. Also keep in mind that the odds of encountering ICE are low, and the odds of being detained are even lower.
The new Administration has ushered in difficult times. But it is important to keep the threat in perspective, and to go on with your life. As the saying goes, living well (or maybe just living) is the best revenge.
[…] non-citizens, and that the chances of encountering an ICE agent are still very low (I previously calculated that even if ICE manages to detain 1,500 people per day, the odds of any one individual being […]
Hello Jason
And thanx for the good job that you do out here.
My sisters was granted asylum by an IJ in 2021 applied for green card in February 2023 and up to today she hasn’t received any decision ,but in September 14 2023 her status online was the case was transferred to another office and that new office has the jurisdiction..what is she supposed to do since her green card application has been pending for 24 months..thank you
She can make an inquiry with USCIS. Go to the check case status page at http://www.uscis.gov and enter the receipt number. After that, you can scroll down and enter the date you filed. I think the case will be outside normal processing times and you can make an inquiry. After you do that, if it does not help, you can inquire with the USCIS Ombudsman – there is a link under Resources (you have to inquire with USCIS first). These cases are not going quickly, and so the delay you describe is pretty common, but you can still inquire. Take care, Jason
Hello ,
I hope my message finds everyone safe . What a time to be alive !
I feel like I’m in bad luck and I’m so tired of waiting
2014 apply for asylum
2018 backlog and pending
2022 interviews after expediting my case
2024 still waiting
December 2024 mandamus lawsuit
More than 70 days still nothing
Exhausted I am tired , and so sad how after more than 10 years still no legal statut . So sad
Maybe suicide Is the solution, it will end all this pain
I am sorry for this difficulty, but it does sound like you should get a decision soon. A mandamus lawsuit almost always results in a decision, and if a lawyer helped with that, the lawyer should have an idea of the time frame. Normally, it is a period of a few months, so hopefully you will get good news soon. Even if the case is sent to court, court cases generally take a year or so; the wait time is not like the asylum office where you can be stuck forever. Finally, I strongly suggest that you reach out to family, friends, religious institutes, etc. for some support. This journey is truly awful and abusive, and it is even more difficult with people helping you. I did a post on March 31, 2021 that may be of interest. It has some ideas and resources for people struggling with depression or other mental health issues caused by the very long delays. Take care, Jason
Officer In Charge
Registration Department United Nation High Commissioner for Refugee 570, Jalan Bukit Petaling 50460, Kuala Lumpur, Malaysia Fax: 0321411780 Email: mislureg@unhcr.org
Dear Sir Madam,
Subject: Request For Registration, Protection and Refugee Status Determination. With Due respect, I would like to draw your kind and Sympathetic attention that I am one of the most vulnerable ROHINGYA asylum seeker from MAUNG DAW township Rakhine state, Myanmar. I have left my country of origin to escape from brutal military and Rakhine extremist’s persecution for the reasons of my race, religion and nationality and cultural orientation.
With a view to find a safer life from the deadly attack of Buddhist extremists, I have taken refuge in Malaysia, but my faith remains unchanged and thus I must face troubles with constant fears to life and liberty as I don’t have any evidence on my refugee claim in this country. Since I refuge in Malaysia I have been approaching to your good office for registration and refugee status determination but fail to be registered. Being a victim of open genocidal actions and barbaric attack, I am unable to find any alternative way to safe my life from ongoing impending danger, while my situation is worsening day by day under legal frame work of the country. In this regard, I am humbly appealing to your good office with a great expectation that your good office would be able to pay attention on my vulnerabilities for registration, protection and refugee status determination under your good office procedure.
“My Bio Data are as below I have mentioned”
1.Name : R
2.Father’s name : LA
3.Mother’s name :AL-
4.Date of birth : 01/01/2004
5.Place of Birth : Than Dar village, Moung Daw township, Rakhine state.
6.Ethnicity : Rohingya
7.Religion : Islam
8. Nationality : MYANMAR
9. Marital status Single
10. Name of Spouse : Single
11. Date of arrival in MLS :02/03/2024
12.Current phone no & address 05 & KOTA BARU
Under above circumstance, I pray and hope that you would be kind enough to grant my request for my registration, documentation and protection, refugee status determination on humanitarian ground to which I will remain ever grateful to you. Thank you and kind.
………………………………….
RO
Phone No:01
I am not sure why you posted this, but I have removed personal info, as it seems like a bad idea to make such information public. But so you know, this is not something I know about or can assist with, sorry. Take care, Jason
Jo Jason ;
I have had citizenship through asylum for 5 years, is it safe now to travel to visit my country of birth?
Can they remove my citizenship?
thank you
Nothing is 100% safe and if the return trip causes the US government to conclude that your original asylum was fake, I suppose they could try to de-naturalize you. However, this is incredibly rare and I think it is very unlikely. I have had clients return home once they are citizens and no one has yet had any issues. The only cases I know about are Nazi war criminals who lied about their past. And so unless there is some reason that the US government might single you out, you should be ok. Take care, Jason
Does President has authority under 212f to ban entry of legal permanent residents for any reason including security or even discretion?
I do not know that there could be a ban on all such people. However, if a GC person violates their status, that could be a basis to take away the GC. This is usually done in Immigration Court and the person has a chance to explain what happened and try to keep the GC. Take care, Jason
I meant for specific nationalities that hold GC
If a person have pending asylum case and TPS at the same time, would be the case send to immigration court if asylum case rejected by asylum officer. TPS is still valid.
Thanks
The asylum offices have had different policies about this, but I think lately, if a person has TPS and is denied asylum at the asylum office, the case does not go to court. Again, I have seen cases that have gone to court, and so I am not sure, but I think they are not currently sending TPS people to court. Take care, Jason
Thanks. It seems that transferring the case to court provides another opportunity to present your case, so it may not be the best option to have a TPS at the time of interview. Do you think it’s worth canceling TPS voluntarily before the asylum interview? Not sure if such a procedure exists. Thanks again.
It’s really up to you and your preference (and how strong your case is). If you want to go to court, then maybe it is best to cancel TPS before the interview. But if you have TPS and they want to deny, they will send you a Notice of Intent to Deny, and you can respond to that and maybe get them to grant. If they ultimately deny, then you will just be in TPS status. Maybe getting a chance to respond to the Notice of Intent to Deny is a reason to keep TPS. This also gives you a more detailed understanding of why they want to deny. Take care, Jason
My asylum was approved last October and my expedited Refugee Travel document was approved today, how unsafe is travel without GC and just as asylee.
Hello,
Congrats on your TD, can you please share the time line for that, thank you. I did send my i131 on last year April no news just shows finger print applied to the case.
I expedited my RTD because my father has a brain tumor. I applied November was approved today.
If you have the RTD, you should be safe to travel and return to the US. Keep an eye on the news in case there is a travel ban, though last time, after some confusion, the travel ban did not affect people with asylum. Take care, Jason
Hi Jason,
My asylum case has been approved, while my wife has a separate, pending asylum claim. I filed Form I-730 (Refugee/Asylee Relative Petition) on her behalf, and she has been scheduled for an interview at a USCIS field office. My questions are:
1. During the interview, is it necessary to provide evidence related to her pending asylum claim?
2. Should we prepare for the interview based on her pending asylum case, or should we focus on the information and documentation submitted with the I-730 petition?
Thanks
1 – Since she filed an asylum case, it may be a good idea to bring her documents with her, just in case USCIS wants to see them, though normally, such documents would not really be relevant to the I-730. 2 – Again, I do not know that her asylum case is relevant, but since it is filed and pending, it would be a good idea for her to refresh her memory about the case, so she can answer questions if they ask (and if she does not remember, she can say that – do not guess). Take care, Jason
Hi Joel,
Can you please share when you filled for I-730? I have applied for my wife’s i-730 and is pending since june 2023. She also has pending asylum case.
Hi Jason,
I received my green card in September of last year based on asylum, and it is backdated by one year. Recently, I traveled back to the U.S. from Japan using my green card and my valid U.S. Refugee Travel Document (which I received before obtaining my green card).
At the JFK port of entry, a CBP officer asked if I had any other passports. I told him that I do not have any other passports—the only one I have is expired, and I have not renewed it since I am a refugee and cannot use the passport of my country of persecution (COP). The officer made a comment about my COP but did not ask me any questions about my recent trip. Instead, he sent me to secondary inspection, where I waited for about 15 minutes.
When an agent in secondary inspection finally called me in, he simply handed me my travel document and green card. I asked if everything was okay, and he responded, “You’re good to go; you have a green card.”
Now, I am feeling extremely worried. I’m concerned that the first officer might have suspected that I traveled to my COP. To clarify I never traveled there since I entered US and have no intention to go there.
Can they see where I was coming from? Did he not see that I was coming from Japan I had visa etc , I’m really anxious about this situation.
Hi Omakase,
I know your question is directed to Jason, and while he hasn’t responded yet (he will soon), allow me to share my two cents.
I think you may be overthinking your experience with the immigration officer. Chances are the first officer didn’t fully understand what an RTD (Refugee Travel Document) is, and since you didn’t present a passport, it may have further compounded the confusion.
A secondary inspection is simply a routine process to confirm what you’re saying and verify your identity—it doesn’t necessarily mean anything is wrong. You have nothing to worry about.
I had this experience several years ago. The only difference was that I had a RTD only and no green card. I was a permanent resident, but my green card was lost, so I had applied for another one, and it was pending for a year. I had to travel, and you are allowed to travel with just an RTD as per the CBP website. But I had several problems because the airline had to contact US immigration before they let me board. Then when I landed, the first primary officer kept asking me for my green card, and I told him I don’t have it as the duplicate I90 is pending. He sent me to secondary after huffing and puffing, but the secondary inspector came out within like 34 minutes, told me I’m good to go, and also mentioned that she wasn’t sure why I was even sent there. So yeah, a lot of officers may have never seen an RTD.
It’s simply not a good idea to travel internationally before you become a U.S. citizen.
(And honestly, even if you become a us citizen, it’s at least theoretically possible for your citizenship to be revoked while you are overseas, you will be in big trouble)
I don’t understand why so many people take the risk of … “self-deporting”
What exact point is proved for you? This person is a greencard holder asylum based who traveled internationally not to their country of persecution and using travel document, the person as a greencard holder have a right to travel to and from US and even without greencard as a US refugee travel document holder has a right to enter US, do not spread your negativity and wrongful information that Greencard holders cannot travel until they become citizens and what kind of bs you are talking about revoking US citizenship if you know it’s extremely hard process and the grounds must be very serious
CBP has broad discretion. They can deny entry to a person who is statutorily admissible.
So, I am just simply saying. I wouldn’t take the risk.
They cannot do that. Potentially, they could send a person to court, but they cannot deny entry to a person with a GC or RTD. Take care, Jason
What was the comment about your COP?
Also by researching online CBP officers are more confused about GC+RTD than GC+passport from COP….they think if you don’t show the passport you are hiding something
I agree with Jamie – I think you are fine. My guess is that the first officer did not understand the RTD and sent you to secondary. If you have a valid RTD and a GC, you are legally allowed to enter the US, and unless they have some evidence (which it sounds like they do not), there is no reason to think you went back to the COP. Take care, Jason
If a person lost in USCIS, lost at IJ, lost in BIA, lost in federal court (certiorari denied) and have no other relief.
But nevertheless, he wants to stay. What can he do ? Can he hide in a sanctuary jurisdiction.
I heard that, a final order of removal is not sufficient for a judicial court to issue an arrest warrant. And ICE can’t enter private homes without a judicial arrest warrant. So theoretically, does that mean, as long as this person stay home, he will be safe ?
The person could be detained and deported. There is a procedure to ask ICE to not deport a person who has a removal order. Whether ICE would even consider such a request (which is entirely discretionary), I don’t know, given the harsh position it is taking towards non-citizens. Take care, Jason
I mean…
If a person stays at home…and if ICE can’t enter his home…then how could he be detained ?
Hi Jason.
My asylum was approved, I recently applied with my husband for adjustment of status, my card was charged and I already received the text message with my Receipt Number, My husband card hasn’t been charged or has a declined payment at all, the package went together.
If the payment was declined how long after the rejection we will be know what happened or at least receive the package to re file.
How we know before receive the package back if the payment wasn’t successful?
It is common for family members to file together and have their cases processed at different speeds, so this is not that surprising. Usually, if a case is rejected, that happens pretty quickly – maybe within a few weeks or a month or two maximum, at least in my experience. Take care, Jason
Hi Jason,
Thank you for your posts and the information you share with us. You are a beacon of hope in these dark times. It’s heartbreaking to see how some people take joy in others being deported and torn from their families, as if it’ll somehow improve their own lives.
I have a question—I’ve often heard that ICE can’t detain asylum seekers, but have any of your clients or anyone you’ve heard of with a pending asylum case had encounters with ICE? If so, what happened? Were they released, or were they detained?
I’ve been waiting for my asylum interview for over five years. I always carry my EAD and I-589 receipt with me, but I still live in fear of being caught in the middle of a raid.
I have never had an affirmative asylum seeker client detained by ICE, but I have had them encounter ICE on occasion. In the most common situation, it was a student who dropped out of school and the school reported the person to USCIS. In those cases, we provided evidence that asylum was pending, and ICE left the person alone. At this point, I do not see that ICE is trying to detain asylum seekers unless maybe they have a criminal record or are a national security threat, and so I think you should be ok. I do think it is wise (and legally required) to carry proof of your status with you, and so it is good you are doing that. Take care, Jason
Hi Jason,
I’ve expedited my asylum interview and finally I have an interview scheduled in June 2025. Do you think approval rates will be lower with the new administration?
Maybe, but it will likely depend on the type of case. If you fear harm due to gangs or domestic violence, that may be more difficult. If you fear harm based on your political opinion, religion or ethnicity/race/nationality, that may be less affected. In any event, all you can do is gather as much evidence as possible to make your case as strong as you can. Take care, Jason
Has the administration said anything about raising the bar for private harm ?
I didn’t recall I saw one yet…
I have not seen anything yet. Take care, Jason
That’s good that you have not seen anything yet.
I haven’t either, so thanks for confirming it.
Hi Jason
I got approved by IJ last summer. I didn’t apply yet for GC me and my wife due to financial shortage.
Will be any problems with the new administration when we apply? It’s frustrating and I don’t know what to do.
Thanks
So far, there are no changes to that process. If you want to apply, you may be eligible for a fee waiver, using form I-912, available at http://www.uscis.gov. That may be worth a look, as it would save a lot of money. Take care, Jason
Hello Jason and thank you for what you do.
I have a question,will Asylees with approved Asylum having pending GC application be worried of deportation in this new administration?
I doubt it. Asylum is a strong status and I have not heard that the Administration wants to target such people. I would not be surprised if the GC process slows down, or if they check more carefully for prior fraud, but otherwise, I doubt there will be much effect. Take care, Jason
Dear Jason,
Thank you for your help and advice in these difficult times. My asylum case is pending right now. I am the dependent and my husband is the principal on the application. It was filed with the help of a lawyer. However, after the one-year deadline, because of the changes in our country: coup d’ etat, terrorism and so on. We received our work permit and with everything going on now, we asked our lawyer to get us ready now for our future interview in order to have a successful one. However, he is telling us now ( this wasn’t the case before signing the contract) that because of the 1-year deadline, it will strongly be denied. Can you please advise us on how to proceed. Thank you so much and God bless.
I wrote about the one-year bar on January 18, 2018 and maybe that would help, but it sounds like there were “changed circumstances” in your case, meaning that it was safe, but something changed, and then it became dangerous. If that is the case, you need to apply within a “reasonable” period of time of the change. This is not defined very well, but a month or two is reasonable; more than 6 months is probably not reasonable. And so if there was a change and you applied within a reasonable period of time, you should have a good chance to overcome the one-year bar. If you waited a long time after the change, you will need to explain that. These things are often not black and white; you just provide the best explanation you can, with evidence, and hope it works. Take care, Jason
I mean he can always apply for withholding….right ?
Dear Jason,
I currently have a pending asylum case from Ethiopia and have been on an EAD with ExDate: Dec, 2027. My employer is sponsoring me for a Green Card, and they have completed the PERM process with the Department of Labor (DOL), which took more than two years. They are now preparing to file for my I-140 and are considering filing either **Premium Processing (I-140)** or **Concurrent Filing with I-485**.
Given my current status, I have a few questions:
1. What steps should I take now as the employer is preparing to file the I-140?
2. When should I consider withdrawing my asylum application?
3. Should I switch to Temporary Protected Status (TPS) now, or wait until my I-140 is approved?
4. Is there anything else I should be aware of during this process, particularly with regard to my asylum status and the I-140/I-485 filing?
Any advice or insights would be greatly appreciated!
Thank you!
You really need a lawyer to guide you about the specific points of your case, as I do not know about those, and that makes a big difference. For example, maybe there is some way for you to adjust status (i.e., get the GC inside the US), but maybe that can only be done if you have TPS. It depends on different factors in your case, and it sounds like you are working with a lawyer on that. I would add only that I do not recommend that anyone withdraw their asylum case unless they have another status, so for most people, they should not withdraw until they have the GC (but maybe you would be ok if you have TPS – I am not 100% sure about that though). Otherwise, your case would likely be sent to immigration court, which will complicate the whole process. Hopefully, your lawyer is aware about your pending asylum case and can take that into consideration when working on the employment case. Take care, Jason
I want to discuss something lighter. So I am a pending asylum seeker. I am not white, think oriental ancestry.
But I like U.S. citizen men who are of caucasian ethnicity…
So…@fellow asylum seekers. Are you able to find a relationship with us citizens ? Do you share your asylum/immigration history with them ? Do these men like people like us ? Please share your experience.
btw, I am trans, male to female. So a trans asylum seeker looking for non-trans, straight, us citizen, caucasian men, who are healthy and good looking, not too old.
I welcome brown/black girls share their experience as well.
Thanks in advance
Replying to “Finding love” comment
No offense but it will be cool for you if you try finding love on dating app not on here. I have straight with pending asylum case and black and I have dated white and black chick. Currently dating a Mexican American woman. I never discussed my pending case with any of them. If I have to marry them then I will for sure tell them my status. I met two of them online and one at work place. It is pretty easy to meet someone here in US but finding a real relationship is always a struggle, at least for me. Anyways I wish you all the best finding love
I mean I am also straight…but nobody seems to agree with it…
Just heard that someone in the community who was naturalized was driving with an undocumented. Got stopped by the police for a traffic violation and the undocumented person got handed over to ice. But it didn’t stop there. They’re trying to charge the legal citizen were trying to smuggle illegal alien. There is a law that makes it a crime apparently and it’s now being enforced at least in some cases. Now that person has to go to the court and get a lawyer to defend themselves. Please be careful.
They seem to be trying all sorts of things to see what sticks and to cause terror in immigrant communities. Hopefully, we will settle into a more normal situation at some point, but for now, the situation seems to be very fluid. Take care, Jason
Jason, what happens if this continues? no one will want to help or associate with any Immigrant. Even our own communities who are naturalized will try to avoid trouble. People will be afraid to share a car ride or rent a room
is for asylum seekers to help democrats get elected
That is the point. I think people of good will need to stand up as best we can to these tactics. It will not be easy and it may sometimes put us at risk. I do hope that the public gets tired of this nonsense quickly, and that there is more and more push back. Take care, Jason
I have some inkling that some people who don’t like me write to USCIS/EOIR that everything I said in my asylum application is a big lie. and they could have potentially called ICE on me to have me arrested. What should we do in this situation ?
if that matters. Am I at risk ?
I would talk to a lawyer about this, as it could be a serious problem. Also, gather any evidence you have that these people made a claim against you, including letters from others who may know about this. Take care, Jason
Hi Jason,
Does RTD qualifies as a better/stronger document than AP? I see so many news about people with AP having problems and issue, but does RTD have a bigger weight or higher chances of CBP letting you in?
They should both allow a person to re-enter the US, but they are used for different types of people. The RTD is for people who have asylum or refugee status. AP is used for people with a pending case. I do not know of an example where a person tried to re-enter with either document and was denied re-entry, as long as the document is valid. Take care, Jason
hello jason,
on the new i-131 for to apply for RTD there is a question number 13 that says:
do you hold status as a refugee, were you paroled as a refugee, or are you lawful permanent resident as direct result of being a refugee? yes or no?
so i have a green card through approved asylum in the US so basically i’m not refugee but LPR through asylum so what’s the answer for this question please?
The new form is confusing. For this question, I think someone who got asylum in the US would mark “no”. However, to be extra safe, maybe you want to write next to the question that asylum was granted and give the date. This info is elsewhere in the form, and so maybe this is being too cautious, but I think they will be looking for reason to deny cases and it is best to be careful and talk to a lawyer if you are not sure. Take care, Jason
You answered yourself. You choose LPR through asylum.
Dear Jason,
I am green card holder through asylum and had applied for I-730 for my wife (she’s already in US with her own pending asylum application). Hopefully her I-730 will get approved soon and we will withdraw her asylum case. We want to travel outside of the US (not our country of persecution) with travel documents or our own country passports (if we don’t get travel documents sooner). Will it be safe to return to US? I am green card holder so won’t be problem for me but for her since he would have dependent asylum status through me? I know new administration is causing many issues for asylum seekers and asylee so just making sure if we both would be able to return back safely. We’re prepared for secondary inspection or questioning during return.
If she has asylum and a Refugee Travel Document, that would be safe. Using the passport is probably not a great idea under the Trump Administration, as they may ask why she is using a passport from a country that seeks to persecute her. This should be less of a problem if she fears non-state actors, such as terrorists, as opposed to the home country government, but under Trump, you never know. I wrote more about traveling with your passport on May 25, 2022, and maybe that would help. Also, once she has asylum, I guess you can see how things are going and make a decision at that time, but again, it is always safer with the RTD (and also, until she has a green card, the only document she can get to re-enter the US is the RTD). Take care, Jason
Dear Jason and everybody here!
I just arrived here in the US on January 11, 2025. My Country was redesigned for TPS on June 13, 2024. Can I apply for TPS? (I am confused about the continuous physical presence issue).
Hello Sisay
I am not lawyer, If you are from Ethiopia you can’t apply for TPS since you just arrived recently! You have to be in USA since I think April of 2024. Do not apply as they will reject your Application and you might lose your money. I highly recommend you to talk to a lawyer as it is very difficult time for immigrants to act wisely. Good luck
Thank you very much for the information.
I doubt you would be eligible, as there is probably a requirement that you were physically present in the US prior to 2025. The TPS web page for your country at http://www.uscis.gov should have that info, or you can talk to a lawyer to look at your case and be sure. Take care, Jason
Hi dear Jason and Asylum seekers’ community!
Please tell me what do you think of following path (my asylum path so far):
07/2023 – applied for affirmative Asylum with the USCIS (NYC Asylum Office)
08/2023 – first interview, lasted nearly 2,5-3 hours, went friendly and which gave me some confidence in the outcome (illusion)
12/2023 – got my EAD and SSN (very fast in 10 days)
11/2024 – passed 2nd interview at the same NY office but with other interviewer. She was polite but the whole interview tried to find “inconsistencies” between my first interview, docs and my current words. In some situations i told her that dont remember every word. But gave explanation to every detail.
No referrals, approvals nothing… Silence after that. I am sure I have very strong case with plenty of evidents, proofs, country conds etc… They could easily refer me to IC if they could, but as I say i have strong case. At the same time they dont issue decision. At the 2nd interview i told officer that 15 months passed from 1st interview and still waiting. She replied that this time it should be fine, first interviewer doesnt work with the USCIS anymore and she made some mess with cases (probably she meant that this time the decision will be issued sooner).
What is your opinion on this issue, should i be worried that even strong cases will be denied easily under new Administration and what further steps would u recommend me to take?
Thanks in advance dear Jason
The NYC office is not a good office, but a strong case should still have a chance for success. It is difficult to judge the case from your message, but it sounds like it went ok, and hopefully, you will get a decision soon. I did a post about trying to get a decision form the asylum office on March 30, 2022 and maybe that would help. Take care, Jason
I know @Jason that you are an immigration lawyer.
But I wonder, since you must know many lawyers. Most of the countries’ law makers are lawyers or at least went to law schools. (Vance, Cruz, Hawley, Cotton, DeSantis…)
In your knowledge, what’s their take on asylum and immigrants ? Because a review of these lawmakers profiles makes me worried…If all the nation’s best law students aka future lawyers/lawmakers are overwhelmingly anti-asylum…then I am afraid.
I think most lawyer want due process of law, but the Trump Administration wants to deport people with no procedure. How this will play out, we will see, but I think most lawyers (and most Americans) do not agree with the President’s approach (though they do want the border to be under control). Take care, Jason
I don’t shy away from giving praises and thanks as well.
You mentioned that they cannot cancel/revoke existing EADs easily, that makes me feel so rest assured. My EAD will outlast the Trump administration. But…I hope that that asylum advocates community could work harder to prevent a successive Vance or Don Jr. administration in 2029…
You also said that as you see it, affirmative asylum seekers are pretty safe…one of your reasons is that … they don’t have the capacity…I wonder whether Trump could just declare a state of emergency…he did one in border…and then wouldn’t this allow congress to give him unlimited money and manpower ???
I would not put anything past him, but for now, I do not see that affirmative asylum seekers are the priority or that they are in immediate danger. That could change (hopefully not), but we will have to wait and see. Take care, Jason
Hi Jason, my case is with BIA since 2021 and no hearing so far, what do you think would be the impact on my case? If I am denied asylum, would I be straight deported or can I still appeal in federal courts?
If you are denied at the BIA, that is normally the end of the road, but it depends on the case. If there are new developments or changed circumstances, maybe something can be done (if you think that is the case, talk to a lawyer as soon as possible – do not wait for the BIA decision). If nothing has changed and the BIA denies, you can file a petition for review in federal court, which can “stay” (temporarily block) the deportation, but the rules about that have changed depending on the administration, and so there is no guarantee that you can remain here while your case is in federal court, though you can ask the court to specifically stay your deportation until it makes a decision. Also, I am not sure whether it is possible to renew the work permit once the BIA denies. In the past, it was not possible, but that may have changed under Biden for people who go to federal court. Whether that is correct, or whether Trump will change that rule, I am not certain. Take care, Jason
Hello Jason, I’d like to ask if medical exam and records ae required to send along with green card application based on approved asylum?
Thank you for your help
I think this is a relatively new rule, but you are now required to send the medical exam when you send the I-485 (application for green card). The medical exams can expire if they are done too early before you mail the I-485 (check the instructions for the expiration issue), and so I recommend that you prepare everything and send the packet as soon as you get the medical exam. Take care, Jason
Hi,
I worked at a US consulate in Turkey for 7 years, locally employed staff. During the end of that period, my wife started serving her “mandatory duty” at a university. She faced harassment at her workplace because of my job. We did not understand why this was happening at first, until my wife’s colleague informed her that the head of the university and the department were planning to do something nefarious due to my job with the US government. Since her job was a compulsory duty, she couldn’t leave her job. In which she had asked the head of the universities if she could be transferred to another university, because she was afraid. Unfournately, they didn’t accept the request and didn’t do anything to stop the harassment. She stopped showing up to the university because of the constant harassments and eventually got fired. We are on F1 visa in USA now, I wonder if I can apply for asylum based SIV.
Thanks,
Vedat Alp
SIV and asylum are two different applications. I do not know that it is possible to apply for SIV from Turkey, but maybe you can talk to a lawyer to check that. As for asylum, you can apply. However, if the only issue is that your wife was harassed in her job because of your job, I am not sure that is a strong cases. Maybe if she or you received threats, that would be stronger. Also, I am not sure who would have the better case – you or her. If she was threatened or harmed, maybe her case is better, even though the reason for the threats were your job. This is worth talking through with a lawyer to decide how best to proceed. Take care, Jason
Hi Jason,
How long does it usually take to get your case file after submitting EOIR ROP(full file) request by e-mail?NYC FEDERAL PLAZA court.
Thank you.
Also, will EOIR ROP case have complete immigration information from USCIS? Or do i have to request FOIA from USCIS aswell?looking to get main files like visas, i-589 and etc. i was referred to court from asylum office and got asylum granted.
I think they will not necessarily have everything from USCIS and so you might request that evidence separately from USCIS. Take care, Jason
I think it is usually pretty fast – a month or two. Take care, Jason
Dear Jason,
taken of what is going on. Lots of rumors, unclear sources of info in media, etc. about those ICE raids. I am curious, if they call it ‘a targeted raids’, so apparently they know who resides where and for how long. I have a question, please, how do they know that and what exactly do they know: do they know who was here illegally from the very beginning, do they know who overstayed visa? I might understand they might be aware of those non-citizen people who were in a court at some point for any criminal case and therefore ICE was notified. But what about others? How do they know?
Thank you!
I am not sure how they get their info. Some non-citizens have their info on file with ICE or some other agency. Maybe sometimes they get tips from the public. I have my doubts about the raids being very carefully targeted, but it is still pretty early in the Trump Administration to know. Take care, Jason
Good day Jason and thank you for wealth of knowledge and support for the immigrant community.
Myself, wife and child filed for asylum 7 years ago and our case was referred to the immigration Judge. Our individual hearing is scheduled for later this year.
Good luck – I did posts about court on February 25 2019 and November 20, 2024 and maybe those would be of interest. Take care, Jason
Hi Jackson , I’m us citizen throught asylum ,
What kind of Id should I carry with me ?
If you have a REAL ID driver’s license or state ID, that should be fine. You might also want to keep a photo of your US passport or Naturalization Certificate on your phone, so you have that if anyone asks for your papers. Take care, Jason
Hi Jason,
Thanks for all your help! After more than 10 years of waiting, I finally received my interview date for Boston this morning. A lot has changed in my home country since then, and there’s no longer much political unrest.
Unfortunately, the first lawyer my parents hired mishandled my case—he added me to my dad’s application when I was already 21. Since I was new to the country at the time, I had no idea this was an issue until we realized during my parents’ interview that I wasn’t eligible. They have now had their green cards for over five years.
I initially came to the U.S. on an F1 visa, completed both my undergraduate and master’s degrees, and have been working here for the past 11 years. I’ve always paid my taxes.
Given the current administration, do you think I should have any concerns about my interview? Trump has expressed support for highly educated individuals who contribute to the country—will my master’s degree and consistent tax history work in my favor?
Would love to hear your thoughts. Thanks!
The Master’s Degree probably won’t help in the same asylum case, as they are only concerned about your fear of return to your country. I would try to make the case as strong as possible, and maybe also let them know that your parents have asylum, as that may help you. I wrote about winning old asylum case in a post dated June 14, 2023, and maybe that would give you some ideas. Also, note that if you are referred to court, it sounds like you might have a case for Cancellation of Removal (which is another way to get a GC) by showing that your parents (or potentially other US citizen or GC relatives) will suffer a severe hardship if you are deported. Hopefully, that will not be necessary, but it may be a second option if they deny asylum and send you to court. Take care, Jason
Hi Jason,
Thank you very much for the article. You’re always around to provide some peace to people during difficult times. I have a question. I am a green card holder based on an asylum and I travel back and forth to Mexico (I am not a Mexican) to study. I have a temporary Mexican residency card provided by my school. I applied to get an RTD more than 6 months ago and yet to be issued.
Is there any new risk can be added by Trump’s executive orders on my case.
Thank you
It sounds like you may not even be using your passport to travel back and forth between the two countries. If so, I do not see any issue. If you are using your passport, I suppose you could be asked why you are using a passport from a country that seeks to persecute you. I wrote more about this issue on May 25, 2022. If you fear terrorists or other non-state actors, this is easier to explain. Even if you fear the government, I doubt using your passport will cause problems, but it would be safer to use the RTD (which unfortunately, takes forever to get and is only good for a year – thus forcing people to use the passport or forego travel). Take care, Jason
Very nice arricle, that is what I concluded after self reflecting for few days after January 20th, keep calm and wait for any update
Meanwhile I’ve two questions to you Jason,
1. Is it advisable to send email inquiry to uscis right now as the new administration is anti-immigrant and might be pissed of for bothering them!
2. I know most people with pending asylum cases are working and paying taxes. From my experience some one without Green Card can’t get food stamp or housing assistance or medicaid/medicare or social security. But since the Texas governer start busing people to Democrat conteolled cities in 2022 everything has been messed up. From my knowledge no state gives any benefit to asylum seekers unless they get permanent resident (you may correct me if I am wrong). So my question is what if the Trump administration restrict renewal of work permit for pending cases? That will be brutal abd most asylum seeker will be on street or start working under table which is very troublesome for both the person and the government (they they pay taxes the government might lose money). Any thought on this (resteiction of work permit for pending cases)
I actually am worried about this as well…
1 – I don’t think that is a worry, but I am not sure it will help. If you are referring to the asylum office, at least you can normally email them and sometimes they respond. 2 – One of the executive orders seemed to imply that they might not allow people who entered the US unlawfully to get work permits, but that is all I have heard so far. Whether they will try to block asylum seekers from getting work permits, we will have to wait and see. I do think such a move could be challenged in court, though ultimately, maybe they could get rid of work permits. This would, of course, cause the problems you mention, but I do not see that they care about bad policy; they only want to cause people pain in an effort to get them to leave. Take care, Jason
If I don’t have a work permit…how can I have a career ?
I am so much more than just an asylum seeker…
Ideas ?
If you are an asylum seeker and are eligible, you should apply for the work permit as soon as possible, just in case the Administration moves to change the rules. Take care, Jason
The question is…can the administration revoke all existing EADs of an affirmative non-interviewed asylun seeker ?
I am not sure if that could be done legally, but it would be very difficult to do in practical terms, since employers are used to accepting EADs and it would cause a lot of confusion. Take care, Jason
I guess and let me be specific, I want to ask. If a person is in the process of seeking asylum. Assuming he is denied on all levels, but he keeps on timely appealing to the higher level. Would it be possible for the trump administration to revoke this asylum seeker’s existing, issued, active EAD ?
I do not know that they could revoke an existing permit, but that might prevent the person from renewing. We have not heard about a move in that direction, but will have to wait and see. Take care, Jason
Hello Jason,
Is their any impact on processing renewal for EAD? I had my 180’days on January 17th, so I applied for renewal (4th or 5th time) on January 19th, right before the inauguration. Would they still keep processing this type of requests? Or would Mr. President stop this process as well?
Thank you.
So far as I know, they are still processing EADs. Hopefully, that will continue, but the president probably does have authority to end or limit EADs. Take care, Jason
How could a person without job survive…
https://thehill.com/homenews/administration/5113897-trump-guantanamo-bay-migrants/
President Trump said he is signing an executive order on Wednesday to prepare a massive facility at Guantánamo Bay to be used to house deported migrants.
The order will direct the Department of Defense and Department of Homeland Security to prepare a 30,000-person migrant facility at Guantánamo Bay, a facility in Cuba that has been used to house military prisoners, including several involved in the 9/11 attacks.
I am guessing that this path we are on will not end well – not for immigrants of course, but also not for any of us, including Trump supporters. Also, by the way, while 30,000 is a big number, it is only enough bed space to hold less than 0.3% of all the people Trump views as “illegal.” Take care, Jason
Hi Jason
I know your post is about pending asylum. However there are many people here who are prior immigrants and now US citizens. Some of us might be in mixed status families. You say that an “ If you are not a U.S. citizen, you are required to show your documents to ICE“. What about a US Citizen? What if one is detained based on “suspicious looks” and demanded documentation? Are we allowed to refuse, remain silent and ask to be left alone? How will that work practically? As you know most of us don’t carry our passports or NCs with us.
It’s a good question. You are not required to show your papers, but if you look “foreign,” they could ask. It may not hurt to keep a photo of your US passport or Naturalization Certificate on your phone, so at least you can show that. It is incredibly unfair and awful, but it may be worth having that info available (at least in digital form) so you can avoid any potential issues. Take care, Jason
My understanding is that you will waste their time and they will waste your time. If you are a USC, it would be better to comply and provide required documents.
Techincally, if they have no probable cause, they cannot arrest you. “Suspicious looks” is not a probable cause. Some “auditors” live on this by suing LEs for wrongful arrest/detentions but avaerage joes might not have that kind of time, energy, legal knowledge and money to do that. You can also search up “(internal) BP checkpoint refusals” for reference. I think most people filming that are USCs and they got detained for an hour or more but BP eventually let them go.
Remeber you have to be 100% legal in every aspect to do that. It’s really easy to commit a crime such as dark window tint or fail to use a turn signal. If they get mad, they may call the local PD on you.
Hi Jason,
Thanks so much for all the informative articles on this devastating mess. I have a question. I am preparing to apply for asylum and am currently on TPS. My younger sister is potentially applying for a F1 visa for the coming fall semester. Will my asylum application negatively impact my sister’s visa application? I found some information online saying it may affect on my sister’s visa process.
For more context, my TPS is expiring in November this year too and I think I do have solid grounds for asylum; so I don’t want to delay applying for it in case the TPS system gets gutted (my country of origin is not from Latin America; so I guess TPS for my country doesn’t seem too at risk, compared to our brothers and sisters from Latin America).
But all in all, I don’t want to feel vulnerable in case things go south and I can’t return home either at the moment. But at the same time, don’t want to jeopardize my sister’s chance to study if possible.
Thank you for all that you do for this community!
When you apply for an F-1 visa, you have to show that you will return to your country (or at least leave the US at the end of your studies). Usually, a sibling is not so affected by their sibling’s asylum case, since they cannot join that case. However, at the embassy, they do often ask about relatives in the US, and if they know you have TPS or are seeking asylum, it may make it more difficult for her to get a visa. Maybe if you can hold off for a bit and let her apply, that would be better, but if it will take a long time for her to apply, you might not want to wait that long. I guess I do not know whether your asylum application will make it any harder for her, but it certainly won’t help, and so if she can apply first, that is probably better, just in case your application affects her. Take care, Jason