Donald Trump arrived in office with a pledge to deport “millions” of criminal non-citizens. Even at the time he made these claims, the President’s plans seemed unrealistic. But now that he is in office, and rhetoric must contend with reality, it appears that the new Administration is falling short of its goals–at least for the time being.
The agency with primary responsibility for detaining and deporting people in the interior of the U.S. is ICE, Immigration and Customs Enforcement. Apparently, the Trump Administration has been pressuring ICE to ramp up its numbers. However, with limited resources, detention capacity, and personnel, the agency is struggling. Word on the street is that the Administration is not pleased with how things are progressing.
In the last week or so, ICE stopped issuing daily arrest figures, as they were apparently not large enough to satisfy their boss, and two top ICE officials were demoted because they failed to increase arrests and deportations quickly enough and because some non-citizen detainees were released for lack of bed space. Also, in an effort to meet expectations, time-off for some ICE officers has been cancelled, and in certain locations, officers are working six or even seven days per week. As the saying goes, the beatings will continue until morale improves.
One big problem for ICE is money. Tom Homan–President Trump’s “border czar”–has been urging Congress to “provide additional funding,” but for now, “ICE is largely stuck trying to meet the president’s ambitions without significant new resources or capacity.” Indeed, in one meeting with members of Congress, Mr. Homan reportedly said, “I am begging you for money.” Another Trump Administration official informed lawmakers that “ICE is running out of money.”
To get more money, ICE needs help from Congress. That may not be an easy ask, as Congress is more divided than ever in the wake of so much executive overreach by the President, and many lawmakers will be unlikely to authorize additional funds. The President himself could try to move money around to help fund ICE, but there are significant legal limits to this approach. And thus far, federal courts have shown themselves willing to block Mr. Trump’s most egregious efforts to expand his power.
Even if ICE can get more money, it will take time to onboard additional agents and increase bed space. The process of hiring and training a new ICE agent takes about a year, and so expanding the agency’s work force cannot be done overnight. It also takes time to obtain additional detention space and hire prison staff.
Despite the obstacles, ICE has been ramping up operations. ICE’s goal is to arrest between 1,200 and 1,500 people per day. Whether they are achieving those numbers, we do not know. But certainly, they are trying to create the appearance of a massive crackdown. A recent report from the Guardian showed how ICE was manipulating Google searches by posting articles about prior enforcement actions–some from as long as 10 years ago! The goal is obvious: To frighten non-citizens and convince the President’s supporters that he is taking bold action against “illegals.”
Adding to the fear and confusion are civilians impersonating ICE officers to intimidate immigrants and minorities. Other bad actors are following the President’s lead and harassing people who they believe do not belong in our country.
In addition, Republican-led states across the nation have been passing their own anti-immigrant legislation. While some of these laws have been found unconstitutional, others have gone into effect. All this adds to the climate of fear and exclusion many people are currently feeling.
Despite the sound and fury around immigration, it is important to remember that the government has limited resources to detain 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 detained is about 4.7% per year).
Also, keep in mind that even if you encounter ICE, you may have defenses to being removed, such as asylum, Cancellation of Removal, family petitions, and more. It is also important to know your rights if you encounter ICE.
The government is trying to frighten non-citizens and their allies, and there’s no doubt that this is a scary time. However, we have to keep the threat in perspective and continue to support each other, and hope for better days ahead.
Jason,
Does uscis still processing the i485 application in a normal processing pace? It been more than two months since I sent them the RFE to my children and no updates so far. I doubt the administration is holding the process.
Thanks,
@sambood
Usually after RFE it takes 6-7 months to get updated so that’s normal! I had to sue them to get my gc after they madd me wait 7 months with no updates after they received my medical exam as RFE
It used to be that when you responded to an RFE, you usually got a decision pretty quickly, but that has not been the case for a while, at least in my experience. You can check processing times at http://www.uscis.gov, but most I-485 cases seem to take 1 to 2 years. I do get the sense that things will slow down even more. Take care, Jason
Hello Jason,
I have a pending asylum application, and my spouse is listed as a dependent. We have completed our asylum office interview and are now awaiting the decision. My spouse plans to apply for advance parole and travel abroad for a few weeks to visit a sick relative in a third country. If our case is still pending a decision when she leaves, but I receive a court referral decision while she is abroad, can she still return to the U.S. using her advance parole? Thank you.
Hi Charles,
Jason will answer this question for you, but it’s very risky situation…. The problem is that AP is not an option for people in deportation….under Biden administration, lucky people were able to come back….under Trump’s admin even Green Card Holders with NTA(immigration court) are being detained at the airport…the best option would be to try to expedite the decision of you asylum interview….
I cross the American border from Mexico in 2023 but when I cross the border i had an accident my arm was broken so they took me to the hospital and they released me from hospital so since that day I don’t have case or court date i only submitted the asylum , so what should i do to get court date ? Thank you!!
Maybe you do not need a court date – if you filed asylum affirmatively (with the asylum office) and you have no court case, the Asylum Office can adjudicate your case. Also, note that the Trump Administration is expanding “expedited removal” and so if you have been in the US for less than 2 years, it is easier to deport you. So if you plan to take action, you might want to keep that in mind, and you would do well to talk with a lawyer to decide how best to proceed. Take care, Jason
I think that is a risk. In practical terms, since she will have the Advance Parole document, she will likely get in, or at least get to the airport in the US, where she risks being detained. I suppose it is also possible she will be prevented from returning, especially if she boards her return flight in an airport where she goes through US customs before getting on the plane. Maybe you are better off trying to get a decision in the asylum case – I wrote about some ideas on June 2, 2021 and March 30, 2022. You could also try a mandamus lawsuit. Take care, Jason
Thank you, Jason and AP, for addressing my question. I have a follow-up: If she is prevented from returning, would this be considered self-deportation? I’m asking to understand whether she could apply for a different type of immigrant visa to re-enter the U.S. Thank you.
I think it would be a self deportation, which is legally the same as a “normal” deportation. Also, eventually, when she does not come to court, the judge will issue a deportation order. Take care, Jason
Hi Jason,
I’ve been reading your blog out of interest about the asylum process. I got a question (not entirely related to asylum) about non-immigrant visas.
I have an active B1/B2 visa which I’ve used to travel to the U.S to attend company meetings a couple of times. I applied for an F1 visa few months ago to attend a masters program in the U.S and my visa was denied. I reapplied a week later thinking it was nerves on my part during the interview and it got rejected again – both times with 214b. I’m guessing I was denied was due the funding – I was partially funding my education via a loan. I was hoping my U.S travel history with short stays would have counted as a positive but alas it didn’t matter. Luckily, in both cases my B visa wasn’t cancelled and it is still active.
I’m planning to travel to the U.S again in few months to attend another company meeting. I researched online and found out that I can reapply to a school and request of Change of Status (COS) from B1/B2 to F1 without leaving the U.S. I’m considering this option as the school I’ve been accepted to is my dream school and a top 20 in my field of study.
I wanted to ask what you do think of this plan and if my previous F1 denials in my home country will affect COS with USCIS? Also does it matter if I change a school in case I don’t get in to the school I got accepted to before? I’m wondering if this is worth the risk of attending my dream school.
Thank you!
I think you can come here on a B visa and try to change to an F-1 status. Whether you would qualify for that, I do not know, but given the past denials, there seems to be an issue you need to overcome. That may be easier here, and I doubt that the past denials would block you from changing status, assuming you can overcome whatever the problem is. One issue with changing status is that it takes a long time, so you will probably have some down time before you start school, and that could be many months (though you are permitted to remain in the US while the I-539 change of status form is pending). Maybe you want to talk to the school to see if they can recommend a lawyer to speak to about this, to see what is the best approach and whether they think you will qualify to change status. Take care, Jason
I am surprised Jason didn’t advise you to apply for asylum once you are admitted into the U.S…
Hi Jason,
“I doubt that the past denials would block you from changing status, assuming you can overcome whatever the problem is.” -> If only they were specific about why they deny you visa 🙂 I’m hoping to apply to a bunch schools that will also provide me with better financing.
“One issue with changing status is that it takes a long time, so you will probably have some down time before you start school, and that could be many months ” -> Isn’t it possible to expedite this via some premium processing?
Thank you for your response!
You can ask to expedite – I wrote about that in general on January 29, 2020 and maybe that article would give you some ideas. Take care, Jason
One last question, does the 90 day rule for waiting to change status apply here? That is do you think it is wise to wait 90 days before filing change of status from B1/B2 to F1?
Thanks.
I think the rule you are referring to relates to entering the US on certain non-immigrant visas, such as B or F, and then applying for a green card. The issue is that if you apply too soon after entering, USCIS might think you lied about your intent to leave the US at the time you entered. In other words, for certain visas, you have to promise to leave at the end of your visit, and if you file for a green card soon after arrival, USCIS thinks that the promise you (implicitly) made was a lie. As far as I know, that rule does not apply here, and changing from a B to an F does not signal a change to stay permanent; only a desire to stay temporarily in a different status than how you entered. Take care, Jason
Sir, my name is himanshu. I applied for ead renewal 180 days exact from expiring. Full 180 days. The work permit renewal is c8 pending asylum/withholding applicants. Will this result in denial or should i have waited like 179 days before expiry. Will uscis deny it . I already got receipt by uscis. But it was on uscis account online not by mail. Maybe they ll send denying receipt in mail ? Have you ever applied for work permit renewal exactly 180 days (6 months before renewal .
I do not see why this would cause a problem, as you are actually allowed to apply even before 180 days. USCIS just recommends 180 days as the time frame, so I think you are fine. Take care, Jason
Hi Jason,
I have a marriage interview in 3weeks. When I review my I 485 documents. I used the same address for the last 6 years. But I lived in a different apartment for 2 yrs of total six. I never updated this address ( 2 yrs one) as this may affect my correspondence with USCIS ( afraid may be difficult to get mails if I am keep updating my address). It was a 5’ drive to old place ( a friend of mine home). And for the last 2 years I have a new address that I lived with my wife which is the address the USCIS has now. Should
I mention this in the interview ? Or Not ? Thanks
I do not think it will cause an issue if you mention it in the interview. If you don’t mention it, and they know (maybe because it is on a document), they may think you are trying to hide something. It sounds like you can explain what happened and that you used both addresses, but you preferred to keep mail at the one address. I think that explanation would satisfy them, and it is usually better to provide the explanation up front, before they ask you about it, so it shows you are being honest and accurate. Take care, Jason
Hi
I have been granted asylum in the US and am still waiting for the green card application I submitted two years ago. During this period, I encountered an issue and went to court, where the case was dismissed prior to argument. After this, I applied for a travel document, and it was issued without any problems, even though I had my fingerprints taken by immigration after the court decision. My question is, does this decision mean that I have no legal issues pending against me? Could it affect my green card process or any other immigration procedures? Also, if I travel and return to the US, could I face any problems at the airport or be denied entry? The criminal attorney I consulted told me that this court decision means it won’t even show up in my criminal record. I’d appreciate your clarification on this matter
Thanks
If a criminal case is dismissed, it would generally have no effect on the immigration case. However, you are required to inform USCIS about the criminal issue, and so you should send a copy of the disposition (final outcome) of the case to USCIS. I would talk to a lawyer before doing this, just to be sure that it is the best approach, but I think that is required and failure to do so could cause problems later on, such as when you apply for citizenship. In terms of travel, I do not see how this would have any effect, but again, it may be worth discussing specifics with a lawyer, just to be safe. Take care, Jason
I applied for my i-765 renewal onlin on uscis account today. Work permit. Based on pending asylum. Its Sunday today. And it says Case Was Received And A Receipt Notice Was Sent feb 23 but i cant see actual i-765 receipt notice. Will it arrive in mail or will it be available on account. Also all the evidence i sent to uscis it shows under documents tab when i try to open it it gives data”:null,”error” error. Plz help when will i get receipt and whats up with my documents.
Maybe give it a day or two, but you should be able to see the receipt online (I think they also send a paper receipt) and you should also be able to see the documents you uploaded. The system sometimes has problems, and so that may explain the error message. If it is not working soon, you may need to call USCIS (800-375-5283) and try to reach a person to assist. I would not do that yet though, as it will hopefully sort itself out soon. Take care, Jason
We have the same problem. We applied for my mom’s work permit and the notice was immediately available under the “documents” tab and she received it in the mail a few days later, and a week later she got the work permit card in the mail. We also applied for my dad’s work permit a bit later on the same day, on February 1, 2025, and his receipt notice is not available in his cabinet and he never received it in the mail, even though it says it was sent. When we called USCIS, they said to keep waiting and that they see on their end that, in fact, nothing was sent. I think those notices are auto-populated and it just doesn’t do it for certain people. Will be calling again in 30 days.
Is trump a cult ?
And why attacks on him never work ? It just feels like whatever attacks he sustained. He emerged out stronger…
Similar attacks would derail a presidential campaign…but his campaign has not at all suffered from many of his wrongdoings…may I ask why ? And can democrats replicate ?
He does seem to do whatever he wants and it has no impact. I have seen that the majority of people disapprove of his presidency so far, and so that may start to have an effect, as people (and hopefully some Republicans in Congress) start to push back. Take care, Jason
I hope you are right…
I watched some the documentary of people’s temple…it’s scary…
Hi Jason, can i request USCIS foia? Is it safe to do so if i have a pending application(GC)?
1)Also if i request Other Arrival/Departure documents into the U.S., would that have my visa applications?
2)Agency has filled my visas for me so i wanna know what’s inside…also, do you think that asylum officer and prosecutors in court have checked my visas applications?and if i got granted they should be good?
Thank you
You can do a FOIA and that should be fine (if you need it, there is a link under Resources called FOIA USCIS). 1 – I am not sure whether that would have your visa documents, unless you had previously submitted those documents to USCIS. 2 – I think you can file a FOIA with the State Department, but I have not done that so I do not know the procedure. It is common for the asylum office or DHS attorney (prosecutor) to check your visa application during the case, and so if the case was approved, it is likely that they did not see any issues there, but it would be nice to have the application to know for certain, if you can get it. Take care, Jason
Hi Jason!
My asylum case got approved in Aug last year, so I waited for 6 months to apply for my green card as i heard that i don’t need to wait for a year anymore. Is that still the case? Or something changed and i need to wait for the whole year?
Thank you for your help!
Hey Marco,
This rule is still the same! I’ve just applied as well after 6 months of waiting. A lot of people online applied right away and received there green card before 1 year legal presence and now they have a huge headache…fixing with USCIS is WORSE than doing it right!
Good luck!
I have not heard that the new rule has changed for asylees, and so I think you can still file with less than one year in the US as an asylee. I wrote about this issue on February 6, 2023 if you need more info, but I have not heard about any change to the rule, at least not yet. Take care, Jason
Hi Jason,
An off topic question, my husband and I have GC based on asylum (we’re Syrian nationals), we were thinking about renewing our Syrian passport now since the regime that we feared prosecution from has collapsed 2 months ago, so were wondering if it’s safe/OK to renew our COB passport since it wasn’t before ( for obvious reasons!). Or do you think it’s risky? We’ll need it to travel to other countries and NOT to go back to Syria. Just to facilitate our travels as the travel document takes forever to get and so many countries don’t accept it to enter. In other words, can we renew the passport based on the change of country status? We still have 2 more years for naturalization and don’t want to take any risks for the interview.
Since you now have GCs, your status should be safe, even though the government in Syria has changed. So I think you should be able to renew the passport and use it. That said, the Trump Administration is bad and going to get worse, and if you can avoid renewing or using the passport, and so if you can just use the Refugee Travel Document, that would be even safer. Under normal circumstances, I think it should be totally fine to use your passport, but I just think under the Trump Administration, we all have to be extra careful. Take care, Jason
Hi Jason
I am asylee and my husband is my derivative.
We already applied for GC .
I am doing the taxes for first time we are declaring our tax MArried filling separately, we didn’t live together for a while.
This can hurt theGC application?
As long as you are still legally married, it should not have any effect. If you get divorced, then your dependent would need to file a nunc pro tunc asylum application to get asylum for himself (this is basically a formality, but it will cause a significant delay to get the GC). Take care, Jason
Hi Jason, how long does ROP request for a full case at nyc court takes?? I emailed it to them and it’s been 6-8 weeks, wondering if i should contact them….
Also how long does FOIA takes for a full case?
These requests are usually pretty fast – maybe a month or a few months. I do not know specifically about NY, though. I don’t think it hurts to call the court (you can find their number if you follow the link under Resources called Immigration Court), but I am not sure whether they will be able to help. Anyway, it is usually not so difficult to reach them (though I think it is worse in NYC), so maybe it is worth a try. Take care, Jason
Hello Jason,
I requested my asylum officer assessment through FOIA, and it appears the officer referred my case to the court, even though the USCIS portal still shows my case as ‘Application Pending.’ I was the main applicant, and my wife was listed as the dependent. When we attend our master hearing, 1) can we each file separate applications, with the other as a dependent? 2) Also, can we have one lawyer represent us separately in court? Thank you.
It may be that the decision is not yet final, but it sounds like it will be referred. 1 – In court, you can (and probably should) each file your own I-589, though whoever was the leader at the asylum office will have their I-589 referred to court, so you can just continue to use that one. The dependent can file their own form, and list the principal from the first case as the dependent on the second case. 2 – You can have one lawyer, and that is the normal practice. Take care, Jason
Hi Jason,
You mean we can file a brand new asylum application even after being referred to the court?
Thanks
Saad
You can, but if you are referred, the old application is sent to the court automatically, so that is part of the case. But you can submit a new application, so it is more updated, or you can just submit updates to the old application. Also, it is a good idea for dependents to submit their own I-589 forms, as certain types of relief in court (Withholding of Removal and Torture Convention) do not include dependents, and if you get one of those, the dependents get nothing unless they submit their own I-589 and qualify for relief. Take care, Jason
RTD related: anyone tried to expedite it recently? I have requested the expedition through “Emma”, got to talk to the live agent; thereafter, the case had been moved to Tier 2 officer, who called me on Friday night (6:52PM), which caught me a bit unprepared, with a mouth full of dinner; but I answered all the questions to the best of my ability.
After the phone call I received an email stating my request meets the minimum criteria for the expedition.
Anyone experienced anything like that? Thank you!
Yeap. I have expedited multiple times for me and my wife.
Chat with Emma or call USCIS agent, if he agrees you will get a call back from Tier II officer…she called me at 8p.m. EST because apparently they are based everywhere so she said that i’m her last call from CA. I’ve submitted all the evidence ahead of time so she just reviewed them and said im good to go. She was able to find my wife too and did both. Then if Good you will get an email about meeting min criteria and your case being transferred to NBC(Nebraska) most likelt and will provide you with some case number that you can’t track(WTC029394949)…then you have to wait for NBC officer to review the request because apparently they are the once who make decisions to expedite….
Same thing happened to me 3 times when i’ve expedited my case…
‼️INPORTANT‼️
Check your RTD and make sure everything is correct…the amount of mistakes they make is ridiculous and if you need to fix something it will take 4-6 months to fix WITH the expedition request…
Good luck and congrats.
After you get that email usually you will get your RTD in3-4 days…
Thank you for your response, this is very helpful! After your case had been moved to NBC, approx. how long did it take for your status to be changed to “fingerprints taken”? I am comparing to my previous case from 2 years ago, and that took me about a month back then. Thanks again!
Tbh i get it right away. I get fingerprints receipts before my acceptance receipt and before i applied for expedited processing. Weird 🤷🏻♂️
NBC officer will send you an email too and once they sent you an email it’s usually 24-48 hr until approval and 48hr after approval to get your RTD.
Hi RTD,
I am so happy for your application to be expedited. Would you please share with me how were you able to expedite it ? I really need this information. I want to expedite my disabled sister application.
Hello,
So 1st of all you need to understand that expediting your EAD or parole is much easier than expediting Green Card, BUT the process is the same. USCIS follows some rules for expediting, but human factor is huge, so you need to show them why you need it and prove it.
1)write an explanation (cover) letter, explaining the situation why,when,how and etc. +get as many medical documents as possible…. More is better. Everything in english or translated +originals.
2)Call USCIS->say case status-> I don’t have a receipt->service center ->more than 30 days … and bot will connect you with real Agent.
3)USCIS agent is the first “firewall “ you have to go through, say you want to expedite based on humanitarian reason because of you sister’s medical condition who needs treatment or whatever situation is. If agent won’t agree, don’t fight call back and talk to another one(human factor remember)
4)if uscis agent agrees to expedite he will schedule a CALL BACK with Tier 2 USCIS officer. This is a sworn USCIS officer who can see your cases, 99.9% he will ask you to repeat everything and upload or email the documents that can show him the situation +cover letter.
5)This officer pretty much is the main human being who will decide if your case should be sent forward to expedite. It can take up to 24hr after you upload the documents for
Him to review and if he agrees you will get an email saying that you met the requirements and they will forward your case to the Field office or service center depends where her case is currently being processed!
Good luck
Hey Jason,
According to the news (https://www.cbsnews.com/news/u-s-pauses-immigration-applications-for-certain-migrants-welcomed-under-biden/), pretty much all individuals who are eligible for affirmative asylum and who didn’t not come here on a visa are now no longer getting their interview scheduled. Will this affect the speed of interview scheduling of other affirmative asylum applicants?
Thanks!
I had not seen that before, but it seems to apply only to people who entered under the various parole programs during the Biden Administration, such as Ukrainians, Venezuelans, Nicaraguans, Cubans, and others. But for people who entered in other ways, it seems like those applications are not yet affected. Take care, Jason
Hi Jason. I was reading one of the message from a recent traveller with asylee GC.
“Update on a travel to Mexico. Flight there was smooth (Spirit airlines), on my flight back a Mexican official was very confused on why I’m using both: a “U.S. passport” and a GC. U.S. officer asked me where and for how long I left, when did I come to US, when did I become a LPR.
Interesting thing he asked if I ever held a student visa because apparently they are investigating Students who later applied for a political asylum, well it’s not my case, but he still said that he wouldn’t send anyone back who’s been here for so long anyway. Not sure what it means for people who were students before switching status.”
Any thoughts or news you might have heard on asylees who held student visa?
I don’t know about this. There have been lots of rumors going around, and so I think we can’t pay a lot of attention to an unverified source since we do not know exactly what happened or whether this is true, but the person go into the US, so that is good. Take care, Jason
Hi Jason,
I have filled asylum case in 2016, and it is still pending (I never wrote the full case, just a sentence or two based on the lawyer ). When I filed this case- asylum, I was married. Unfortunately, we officially divorced at the end of 2020 (after 5 yrs). Moving forward, I married USC in March 2023 and filed an AOS after a year, in 2024. Yesterday, I got a notification saying an Interview was Scheduled for March 2025. So, I have a mixed reaction.
a. I am happy that USCIS didn’t forget me after 8+ years,
b. Since the initial partial filing of the asylum case, I didn’t have a lawyer. I was the one filling the forms for the last 8 yrs (EADs, AOS, etc)(Thank you again)
c. I am expecitng a baby in 3 months
Jason, here are my question as always:
1. Do the IO ask about my asylum case when I showed up for the marriage interview
2. Do I need to have a lawyer within this short period of time
3. Do i have to close my asylum case before going to the interview.
4. If they want to ask me about the asylum case, they have very limited information on my cases since i didn’t fully write it (was not a great lawyer at that time), Should I write my cases now? which is on top preparing for an interview and taking care of my pregnant wife,
5. What kind of question should i expect (general idea), thanks.
I understand this is a lot of questions, however, I haven’t slept since I got the interview notification. It’s always you who helped me.
Thanks
I am assuming the interview is for the marriage case, and I tried to answer the questions on that basis: 1 – I guess that is possible, and so you should be familiar with the asylum case, but I doubt they will ask much, if anything. Nevertheless, they can ask anything they want, and so it is good to be prepared. 2 – It is up to you. If you have any issues in the case (criminal arrests, immigration violations, etc), it would be a good idea to have a lawyer if you can get one. If you have no issues, it is probably ok to do without a lawyer. In the unlikely event that the interviewing officer is behaving badly, you can stay calm and ask to speak to a supervisor. But in your case, with a baby on the way, it sounds like you have good evidence for the marriage and so hopefully, the interview will be smooth. 3 – No, you should wait until you have the GC and then close the case. Otherwise, you could be referred to Immigration Court, which will complicate the marriage case. I wrote about withdrawing an asylum case on December 7, 2022. 4 – I would not do that. It is better that they have less info, then there is less to ask you about. If they do ask you about the asylum case, you should write down what you told them so you have a record of that (in case you need it). If you have a lawyer at the interview, the lawyer can take notes about what you say so you have a record. I think it is unlikely that you will be asked about this, but it is possible. 5 – They generally ask about the truth of the marriage and they ask many of the questions on form I-130 and I-485. Take care, Jason
Thank you Jason for all the clarification. Yes, it’s my marriage case. I don’t have a complicated case. There is one question on I-485 Part 8- General Eligibility and Inadmissibility 1. Have you ever been a member of, or involved …, I did say YES and mentioned a political party member and professional association. Should I prepare for support for such documents? I can get the professional membership part but not the Political part (the Party dissolved 6 yrs ago). Thank you again.
I don’t know that they will ask for evidence about this, though it won’t hurt to have any evidence, just in case they do ask. The most important thing is that the I-485 is consistent with prior forms that you filed. Take care, Jason
Hello, I have been following your blog. Great work!
I am under a pending asylum case and I recently renewed my EAD. I was denied due to some errors so the EAD has expired.
I have filed the form over. I was wondering if I should keep working or wait till they make a decision?
The general rule is that if you file to renew after the current EAD expires, then you do not get the automatic extension and so you would not be eligible to legally work until you get the new card. In this case, where the case was denied to due an error and you re-filed, I am sure whether a different rule applies. Maybe check the I-765 instructions to see if there is anything there (I kind of doubt it, but I am not sure). Also, so you know, while working without an EAD could affect certain types of immigration applications, it would generally not affect an asylum case, so even if you have been working already after the card expires, it should not have a negative effect on the asylum case. Take care, Jason
Hi Jason,
Thank you always for assisting those who are really in need.
My sister is disabled and she really needs her green card to travel to do tooth implant since she lost most of her teeth. She has pending green card application as a granted asylum. She also recieved a letter from social security office that her case should be expedited and we already attached that letter along with the application. Is there any phone no or email that I can contact them ?
When I am trying to do it through online, it’s telling me that it’s still within the normal processing time.
You can try to expedite – I wrote about that on January 29, 2020. You can also call them at 800-375-5283 and try to reach a person to explain that she needs to expedite. It is very difficult to reach someone, but you can try. Take care, Jason
Thank you for your help Jason!
I have a question- i hold a green card through asylum. I travelled to my home country using COP passport after I get my green card as my father had a surgery. Government has changed after I was granted an asylum and was the main reason to take the risk. Now is time for me to apply for citizenship, should I apply for citizenship or wait and see how Trump administration handles such matters? Or waiting would make things worse as the administration gets time to tighten up things more ? I have a note from my father’s doctor as an evidence. Thanks again
Hi Jason,
I want to sue some shady immigration service provider that my sister paid $3,000 for what she thought was representation for her asylum case in immigration court. Turn out the guy is not even a lawyer, and he is saying the fees were for sending her forms to immigration court and applying for her work permit which he even failed to do correctly. He operates an immigration office in Ohio nd people call him a lawyer because he was a lawyer in his country but failed to pass the lawyer exam here. We would like to file a compliant hut not sure which court
Replying to DARYL’s comment
I was watching this guy on tiktok and he’s name is “Asylum King”. He talk to people and engage them in the tiktok live. Then he was asking people to book consultation for $175 per hour. I asked him if he is lawyer in comment section and he blocked me. Then I watched him using my sister’s tiktok and he is online 24/7, as a disclaimer he wrote a little note “Lawyer available on request”. Most people even don’t bother to read that footnote and they are robbed by non lawyer.
My message to asylum community is to open your eyes before you make any payment. If it’s too good to true, it might be fake. Don’t lose your hard earn money paying for fake “lawyers”
Unfortunately, this is a common problem. You can sue him for damages in civil court (the state trial court). USCIS also has a way to report scams, but it is not so easy. Maybe this website is a starting point: https://www.uscis.gov/scams-fraud-and-misconduct/report-fraud. Finally, you might reach out to your state attorney general or prosecutor to see if they can assist where a person is practicing law without a license. Take care, Jason
I am not sure of the best approach. It sounds like you can explain why you returned and how you stayed safe, so that is good. However, we still do not know how the Trump Administration will approach cases like this, where an asylee returned home. I think you are probably safe with the GC, as there is no indication that the government will try to take those away. So I think you have to decide how badly you want citizenship. If you can wait, maybe wait to see how the new Administration is behaving, but if you need it, you can apply, but make sure you have evidence and are prepared to explain the return trip. Take care, Jason
U.S. pauses immigration applications for certain migrants welcomed under Biden
In the article it states that parole is only paused for 3 other programs. Not DACA.
CHNV
Uniting for Ukraine
Family Reunification Parole Processes.
https://www.cbsnews.com/news/u-s-pauses-immigration-applications-for-certain-migrants-welcomed-under-biden/
This is what the new Administration was elected to do, and so it is not a surprise. We can expect more sweeping changes as time goes on, and so I suspect this is only the beginning. Also, some of these moves may be challenged in court – we shall see. take care, Jason
Hey Jason,
I recently applied for asylum in January, after my F-1 student OPT expired in September of last year. Fortunately, I never accrued more than 180 days of unlawful presence. Now my former employer says they’re willing to sponsor me for an H-1B if I return to work for them. However, as I understand it, even if I’m selected in the H-1B lottery, I’d need to leave the U.S. and go to a third country for visa stamping.
Would pursuing the H-1B route be advisable, given my pending asylum case? I’m concerned the H-1B visa could be denied due to my asylum application, leaving me unable to reenter the U.S. I also wouldn’t have enough time to get Advance Parole if I won the lottery this year, because of the lengthy processing times.
Additionally, if I do go to a consulate for an H-1B interview, what should I say if the consular officer asks whether I plan to return to my home country once my H-1B status ends given that I have honestly no intention to return to there ever.
Thanks for your thoughts on this!
Most likely, you would need to leave the US to get the H1b visa, and you would want Advance Parole as a “plan B” if something went wrong when you go to consular process the H1b. I would talk through the specifics with a lawyer, as each case is different and maybe there is a way to get the H1b without leaving the US. In general, I see no reason why an asylum application would negatively affect an H1b. H1b is a “dual intent” visa, and so the government does not care if you have filed an application to stay permanent in the US (asylum). In terms of what to say at the consulate, it seems to me that you are fine saying you do not want to go back to your country. You already expressed that idea by filing for asylum, and so repeating it at the consulate is consistent with your prior actions. Take care, Jason
Hi, I have a question,do I-730 petition beneficiaries need country passport .What other alternative if they themselves are living in exile and unable to get country passport. Once I 730 petition is approved, the beneficiaries must they have country passport
Generally they need a country passport, but if you cannot get that, my understanding is that it is still possible to process the case and the US embassy can give you a travel document to board the plane and come to the US. You will need evidence of your identity for the case, and so you should gather as much as possible: birth certificate, national ID, school records, parents’ marriage certificate, and anything else you can think of to prove who you are. Take care, Jason