Last week, 13 of 28 members of the Board of Immigration Appeals (BIA) were purged. Those targeted include appellate judges appointed by the Biden Administration, some of whom were still on probation (BIA judges have a two-year probationary period) and others who had completed their probation. The firings, which go into effect next month, seem not to have complied with proper legal procedures, and are likely to be challenged in court by at least some of the terminated judges.
Having talked with people on the inside, this mass firing sounds like it is only the beginning. I’m told that the Trump Administration plans to radically re-make the Immigration Court system in order to dramatically reduce due process protections for non-citizens.
The purge at the BIA is not the first mass firing at EOIR since Mr. Trump took office (EOIR is the Executive Office for Immigration Review, the office that oversees our nation’s Immigration Courts and the BIA). Earlier this month, the Trump Administration fired 13 new IJs, who had not yet been sworn in, plus a half dozen Assistant Chief Immigration Judges, who served in a management role. Before that, the new Administration fired and replaced the entire leadership team at EOIR, all career appointees and–perhaps coincidentally, perhaps not–all women.
The rumors of future changes, which I have heard from a credible source, are even more troubling. There are currently about 700 Immigration Judges in the U.S. My understanding is that these IJs (and possibly the remaining members of the BIA) will be converted to “Special Inquiry Officers.” This is effectively a demotion, since SIOs are more like USCIS officers than judges.
The SIO position was originally created in 1952, and in 1973, SIOs all became Immigration Judges. This marked an increase in authority and professionalism for the newly minted IJs–and they also got to wear nifty judicial robes. I imagine that by increasing the prestige of the job, the government was able to attract stronger candidates. But with the Trump Administration, what’s old is new again, and so it seems we will be returning to the 1950’s. IJs will be converted back into SIOs, and maybe they’ll also be allowed to smoke cigarettes while they conduct their interviews.
What is the difference between an SIO and an IJ? According to the relevant regulations, an SIO hearing commences with an “order served upon the alien temporarily preventing his departure from the United States.” Then, the “alien shall be interrogated by the special inquiry officer as to the matters considered pertinent to the proceeding, with opportunity reserved to the alien to testify thereafter in his own behalf, if he so chooses.”
“Following the completion of the hearing, the special inquiry officer shall make and render a recommended decision in the case.” The decision shall recommend either “that the temporary order preventing the departure of the alien from the United States be made final, or that the temporary order preventing the departure of the alien from the United States be revoked.” The “alien” will then have a “reasonable time, not to exceed 10 days, in which to submit representations” related to the SIO’s decision. The “entire record of the case, including the recommended decision of the special inquiry officer and any written representations submitted by the alien” shall then be submitted to “the regional commissioner [who] shall render a decision in the case.” “No administrative appeal shall lie from the regional commissioner’s decision.”
What does all this mean? It sounds like SIO hearings will basically be truncated asylum interviews. There will be no DHS attorney (prosecutor). Rather, the SIO will serve as “interrogator” and decision-maker. Once the SIO makes a decision, that will be forwarded to a “regional commissioner” who will quickly affirm whatever decision the SIO has reached. There will be no appeal, and so the SIO’s decision will be final.
This new procedure would likely be faster than the current system, but with far fewer due process protections. While this would probably reduce the Immigration Court backlog (which currently stands at more than 3.7 million cases), it would also lead to more erroneous and less carefully considered decisions, all of which will endanger legitimate asylum seekers (and others).
What about the IJ corps? My sources guess that hundreds of Immigration Judge positions will be eliminated during the transition. This is not a surprise, as judges won’t be thrilled about being demoted and EOIR recently announced that it is stripping IJs of job protection. Also, others–such as DHS attorneys, USCIS officers, and Asylum Officers–could be tapped to fill the SIO positions (though according to INA 101(b)(4), SIOs must be lawyers).
The Immigration Court system is a mess, and so major changes to that system are not necessarily a bad thing. The problem here is the cruel and disorganized manner in which public servants are being cut, demoted, and reassigned, and–worse–the stated intention of this Administration, premised on lies about non-citizens, to deport “millions” of “illegals.” We shall see whether these changes come to pass, but it is difficult to believe that re-making the Immigration Court system will be anything but window dressing on the Administration’s plans to harm the most vulnerable among us.
Hi Jason,
I heard that recently multiple people in my immigrant community are trying to apply/have filed for N-400s before the 5 year-90 day anniversary of their AS6/7/8 Green Cards’ “Resident Since” date, and know that one person recently got her interview scheduled (she was granted asylum near the end of 2019 and got her Green Card in spring or summer of 2022, her “Resident Since” year is 2021). This didn’t make sense to me because all LPRs’ permanent residency is as of the “Resident Since” date on their Green Card, which is backdated by 1 year (we all know that). I asked that person why she applied and she mentioned the changes to the 1 year wait rule after grant of asylum (until 2023 asyless had to wait for a year before filing I-485, which is what we did in 2019, but now they can apply immediately after their asylum is granted but won’t be approved until 12 months passes). Her and others’ “justification” is their permanent residency begins 1 year after being granted asylum because that’s when they become eligible to get their Green Card because of this rule change. I feel like they just wasted $710.
Have you heard anything similar? I was granted asylum in December 2018, filed my I-485 in December 2019, and got my Green Card in October 2022 (so the date on my GC is October 2021). By their “logic” I might have been eligible to file my N-400 90 days before December 2024, but instead I am patiently waiting for July 2026 to file my N-400 (5 years-90 days from the date on my GC).
I was surprised that she got an interview instead of an auto-rejection. Does everyone who files N-400 get an interview and then the officer determines eligibility, or is eligibility already determined before the interview is scheduled (so this person might have a chance to get her citizenship)?
I have not heard about such a thing and I would not try it. I guess you will see what happens at this person’s interview, but even if she is approved, I would caution that unless you actually see her documents and have credible details of her case, you may not know the whole story about her application process. Take care, Jason
Greeting everyone,
I have a question; I have my green card with C8 category. I recently got divorced, do I need to notify USCIS about my divorce?
The GC is based on asylum? If so, you do not need to notify USCIS. However, when you apply for citizenship, you are required to include your divorce documents with the application. Take care, Jason
I hope you are doing well. I am currently awaiting a decision on my green card application, which I filed after being granted asylum. In October 2023, I was mistakenly accused of shoplifting and was arrested. However, when I went to court, the judge dismissed the case prior to any argument, as there was no evidence against me.
Two months later, I applied for a travel document, completed the biometrics, and received my travel document without any issues. Additionally, I underwent a background check, which showed no records against me.
I am planning to travel next month to a country other than the one from which I sought asylum. I would like to know if I might face any issues upon my return to the U.S.
I appreciate your time and assistance.
I highly doubt you will have an issue, though hopefully you are traveling with a Refugee Travel Document, as you need that to re-enter the US. In terms of the arrest, as long as you disclosed that on your forms where asked, and provided the “disposition” (final outcome showing dismissal), it should have no effect. Take care, Jason
I didn’t see a question like that when I filled out the Travel Document application, so I didn’t disclose anything. But I did the biometrics for the RTD after the arrest, and my Travel Document was approved without any issues. Does this mean I don’t have any problems? And how can I know if my name has a flag on it or not?
As long as you disclose the arrest and have evidence about the final outcome of the case, you should be fine. I know of no way to know if your name is flagged, and given that there is no conviction, I do not see that you would have an issue. Take care, Jason
What is the this new registration requirement. Im an asylum seeker with a work permit and pending asylum with uscis. I gave my fingerprints 3 years ago. When uscis sent me asylum receipt and fingerprint notice. After that i got work permit and renewed work permit but never had to give fingerprints again. Am i subject to uscis alien registration or no ?
The requirement was announced by the exact rules are not yet published. However, it seems like asylum seekers will already be considered to have registered, so hopefully, this will not affect you. But we will have to wait for the actual rules to know for sure. Take care, Jason
Hello Jason sir, i applied for renewal of EAD based on pending asylum the catagory is c08. I already have 2 year ead but i applied for renewal so i can get 5 year ead. Are they still giving 5 year ead ? How long ead processing is taking these days for renewal ? My case is with asylum office no interview yet. I moved to other asylum office after i got ead ? Does ead clock matter anymore ?
Does paying taxes affect ead processing. I havent filed taxes last year because i thought i didnt need to and also this year taxes im running late to file it. Does it effect ead issuance ?
They are still issuing 5-year EADs, at least for now. The time frame is very unpredictable. Some people get the EAD in a month; others wait many months. If you got the first EAD, the asylum clock no longer matters. Filing taxes should have no effect on EAD eligibility, but it is a “good moral character” factor for asylum or other immigration applications, so you should make sure you are filing any taxes that are required. Take care, Jason
Hello Jason, I completed and submitted forms I-130, I-485, and I-864 a year ago. I have an Interview in two weeks. When I was preparing for the interview and reviewing the documents, I found mistakes that made me very nervous, nauseated, etc. Here are some of them that need your attention, i am not sleeping until I get answers:
Form used was I-485 (Edition 2/21/23): Part 8: General Eligibility and inadmissibility grounds:
1. Have you ever been a member of, involved…. ? I checked Yes. The reason is I am not detained or arrested in the US but back home. However, in `Criminal Acts and Violations` Q25. Have you ever been arrested, cited, charged…. ? I just noticed i checked NO, which is INCORRECT as I was detained back home (which was stated in my pending asylum case back in 2016). Further more, on the `Pubic charge:`
Q61. Are you subject to the public charge of grounds of inadmissibility under INA section 212(a)(4)?
I said No.
Here are my questions
1. Is there any means to update/change the answer to the criminal acts and violations question? (i.e No to Yes as I was detained). If so, how ?
2. Is the public charge question answer wrong? Should the answer be YES? my interpretation was, i have financial support/sponsor and i won’t be a public charge. I have a pending asylum since 2016, now married to USC, and have submitted the forms stated above. If i am wrong (i,e if YES is the correct answer to public charge), how could I change it in the interview ?
NB: The interview is marriage based not asylum.
Thank you for your help for the last 8 years.
1 – I would write down the corrections and if you have a USCIS portal, you can upload them there. If not, I guess you can also mail the corrections to USCIS, to the last address that sent you mail (presumably the office that will interview you). Maybe sure you include your receipt numbers and Alien number. Also, bring a copy of the corrections to the interview and give them to the officer at the beginning. I do not think these will be a problem, as long as you give the officer a copy at the start of the interview and are ready to explain the mistakes. 2 – The public charge rules do apply to you since you are applying for the GC based on marriage (they do not apply to people applying based on asylum). I would review the public charge rules in the I-485 instructions and bring evidence that you will not be a public charge, such as taxes, employment and education documents, bank statements, and whatever else the form suggests. Take care, Jason
Good morning Jason, thank you very much. I always feel good when you reply and give clarification. Thank you.
I have a uscis portal and should I use the unsolicited evidence or is there any means? should I use the new updated form or the old version that I submitted? On this topic, should I only submit the single question/ page or the whole document. If I sign the document, should I used the old date or today’s date ? OMG, these are questions to wake me up all nights. Thank you
Blessed day
I do not think you can submit a new form. I think you will just have to let them know. I would probably do that in the form of a letter, but there is format for this, so just do your best. I guess if you date it, you would use the current date. I think the main thing is to give them the info so they have it and it is understandable; there is no particular format. Take care, Jason
Hi Jason
I experienced over 2 years of delays in the processing of my asylum-based Green card application. I am planning to file a writ of mandamus to get quicker decision on my case. My question is, does your immigration firm, Murray Osorio PLLC, work on Mandamus? What do you advise me?
Thank you for your help
They do – you would need to call or contact them here: https://www.murrayosorio.com/contact-us/. They can evaluate the case to tell you whether a mandamus is appropriate – it depends on how long you have already waited and what you are waiting for. In your case, I do not know how long a person has to be waiting for the I-485 before a mandamus becomes an option. Take care, Jason
Does Murray Osorio only take cases they feel very likely to win ? I am concerned that the lawyers there (except those who originally worked at your firm) have a monetary favor towards easily winnable cases (low hanging fruits) at the cost of other more complicated cases, cases where people really need help. Those easily winnable cases can win even without a lawyer.
Do they take 50/50 cases ?
As long as the client understand the odds, and there is a legally cognizable case, they will take the case. That was my practice as well when I was in my firm, and most lawyer follow that philosophy. Take care, Jason
Though not perfect, I applaud this philosophy’s inclusivity.
Hi Jason,
Ive couple of questions
1) my asylum case been pending individual hearing since march 2020 due to covid and no new date in sight. Can you please let me know if this is expected?
2) got married in 2023 and we have 2 kids. Filed for i130 without an attorney in dec 2023 and ive gotten no update on the case. Is it common to have an interview for such cases and what timeline have you noticed for such cases and i130 approval?
3) my current lawyer isn’t helping matters and not always reachable so im thinking of getting a new lawyer. My proposed new lawyer said she will put in due28 to uscis for the i130, submit motion for change of attorney and contact the court to dismiss the asylum case based on the pending i130 and proof of bonafide marriage documentation. Please is this expected and do you have an approximate time line for such cases?
Thanks so much and im open to any advise and response regarding this scenario.
1 – This is normal, and there are many people who have been waiting for an interview since 2015 and 2016, though at least in my local office (Virginia), we are seeing interviews for some of these oldest cases. 2 – Interviews are common. You can look up the processing time at http://www.uscis.gov, and if you are outside the normal processing time (and I think you are, at least if your spouse is a US citizen), you can make an inquiry with USCIS. If that fails, you can inquire with the USCIS Ombudsman – there is a link under Resources and they sometimes help with delayed cases. 3 – I do not know the time frame, but my local asylum office informed me that if you withdraw an asylum case without having another status, they will send you to immigration court, and so in a situation like yours, I recommend that my clients do not withdraw the asylum case until they have the green card in their hand. I wrote about this on December 7, 2022. Take care, Jason
Hello Jason, are interviews common for asylum based GC applications. I wonder if you have written about this and what to expect from the interview. Would relocating to another city in the same state of residence cause issues with the pending application/interview scheduling? Thanks.
During the last Trump Administration, they tried to interview all GC applicants who had asylum. They never achieved that, and during Biden’s term, the practice was reduced. I do not know what is happening now, but I would not be surprised if an asylee got an interview for the GC. I have not written about this (other than a post dated November 13, 2017 and preparing the I-485). They usually ask about the questions on the I-485 form, though they can ask anything, including about the asylum (though usually it is not in much detail), and so it is good to review the asylum case before the interview. I terms of relocating within the same state, that could cause your USCIS office to change, depending on the move, but in general, I do not think it would affect the time frame (though don’t forget to update your address with USCIS). Take care, Jason
hey Jason! i’m considering working with your law firm on my case. are by any chance you able to reveal what you guys charge for affirmative asylum cases? i don’t need an exact number, an estimate or a range would be enough! i just want to know if i can afford it before i spend $200 for the initial consultation/
best!
I can’t posts fees here, as it may vary by case – if you email them to ask about that, they should be able to help you. Take care, Jason
Hello JASON,
Thank you for your great help to the immigrant community.
I have question regarding my daughter’s fingerprint. As we are five family, we filed I-485 On November 24, 2024. then after 2 weeks they send receipts I-797C Notice of action to each individual. So, when I checked using the receipt number at USCIS case status online shows ” case was updated to show Fingerprints were Taken”. but one of my daughters she is 12 and half year says, ” on November 29,2024, we received your form I-485, Application to register permeant residence receipt no…., sent you receipt notice……” during our asylum interview two of my kids above 14 years took fingerprint, but the youngest girl was didn’t request us to collect her fingerprint however at the beginning we fille the I-589 they collect the fingerprint of the whole family.
My question is does this affect her AOS TIME of processing? what do you advise me?
thank you for your help
Normally, USCIS does not collect biometrics for children under age 14, though sometimes (maybe due to a mistake), they do give them biometric appointments. As far as I know, this has no effect on the time frame for her case, though if she turns 14 while the case is pending, USCIS should send her a notice to do the biometrics. Take care, Jason
Hi Jason,
I’m curious what you think about this (not looking for legal advice). I recall you posting something a while ago about a court ruling suggesting that Green Card status is separate from asylee status in that arguably a Green Card-by-asylum person would not be deportable for returning to their home country if they have a GC (I may be misreading what you originally posted of course). My partner has a Green Card but gained it bc she was an asylee from Turkey. She goes back to visit her parents on the GC because she’s homesick and her mom and brother are sick (brother has stage 4 colon cancer). It wasn’t an issue for her the two times prior she did this but I am worried now of course. Being put in front of a deportation judge in front of Trump in San Francisco might be a risk she is again willing to take. But wondering if I have that original ruling correct.
Hard to make choices under the Trump admin that seems to be determined to just abuse power and screw up lives period (thinking of the Columbia student with a GC and an American citizen wife who is 8 months pregnant they are trying to deport right now).
thank you for your great work here as always — Robyn
If a person who had asylum and who now has a GC returns to the home country, it may raise issues about whether the original asylum case was fake. If so, that could affect the person’s status here. I wrote about this on January 6, 2016. Unfortunately, you are exactly right that the Trump Administration’s capriciousness and cruelty are making it very difficult for people to make decisions (and this includes lawyers). I think the best that your partner can do is balance the uncertainty with the need to travel, and also to keep an eye on the news to see if others who are in a similar situation as your partner are running into trouble when they return to the US. Take care, Jason
Hi Robyn, Jason already responded. But please allow me give my 2 cents.
I understand your concern, and this is an important discussion, especially given the complexities of immigration law and shifting enforcement priorities- Executive Orders, too.
Your question raises a crucial point— one that I have been discussing on this blog for a number of years now- once an asylee adjusts status to lawful permanent resident (LPR), their asylum status is terminated under established case law, including Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017), and Matter of C-J-H-, 26 I&N Dec. 284 (BIA 2014). The Fifth Circuit reinforced this principle in Ali v. Lynch, 814 F.3d 306 (5th Cir. 2016), affirming that an individual who adjusts from asylum to LPR is no longer considered an asylee and is no longer subject to the provisions of INA § 209, which govern asylum status, such as changed country conditions and needing approval from the U.S. Attorney General to leave the U.S. and return, in the form of a Refugee Travel Document (RTD).
Given this, the government would face significant legal hurdles in arguing that an LPR remains bound by the limitations imposed on asylees, including potential scrutiny for travel to the country of persecution. If an asylee is no longer bound by INA § 209 after adjustment, it logically follows that they should not be subjected to the “vestiges” of their former asylum status, such as heightened government scrutiny over travel. Otherwise, it would create a subclass of LPRs who are perpetually treated differently from other LPRs (such as those who gained status through marriage or employment), despite having the same legal standing as green card holders. Based on my understanding of the case law, all LPRs are to be treated the same, regardless of how the LPR status was obtained (Matter of C-J-H-, 26 I&N Dec. 284 (BIA 20140))
In fact, if an LPR who obtained status through asylum were still subject to these limitations, it would contradict the fundamental principle that all LPRs have the same rights and obligations under the law, regardless of how they obtained their green card. U.S. immigration law does not distinguish between different categories of LPRs in terms of travel rights under INA § 101(a)(20), and there is no statutory basis for making such a distinction unless the individual has engaged in conduct that would render any LPR deportable under INA § 237 (e.g., fraud in obtaining LPR status, certain criminal convictions, abandonment of LPR status, etc.). As for accusation of fraud, the government would need to prove, with clear and convincing evidence, that the LPR obtained asylum by way of fraud. A visit to your COP (“country of persecution”) does not, in most cases, constitute fraud, and I cannot imagine that the U.S. would rely solely on a short trip to the COP to disprove the legitimacy of the former asylee’s claim of persecution.
While frequent travel to the country of persecution may raise questions about the legitimacy of the original asylum claim, courts have made it clear that an LPR enjoys greater legal protections than an asylee (though asylum status and refugee status, unlike LPR status, are nearly universally recognized). Unlike an asylee, an LPR cannot have their status revoked solely based on changed country conditions or travel. The burden would be on the government to prove that the individual either (1) fraudulently obtained asylum in the first place (which requires clear and convincing evidence of material misrepresentation, like I mentioned previously), or (2) has abandoned their LPR status under INA § 101(a)(13)(C) by voluntarily relinquishing residence in the U.S. Neither of these is automatically triggered by travel alone.
Ultimately, while government policies- usually by way of EOs- may shift and enforcement priorities may change, there is no automatic basis for an LPR to be placed in removal proceedings simply for visiting their home country. Doing so would require a legal argument that is not supported by current BIA and circuit court precedent.
I completely understand why this is a stressful situation, especially given recent political developments, but based on existing case law, your partner should have the same legal protections as any other LPR. As always, it’s best to stay informed and prepared when traveling.
I am more conservative on this point, and while I agree with all of the above, I also think the best way to avoid a problem (aside from not traveling, which is often not an option) is to be prepared to respond to initial questions about travel: Why did you travel? How did you stay safe while there? If you have an explanation, hopefully you can satisfy the questioner at that time and avoid any further scrutiny. I do agree that the likelihood of a problem is low, but I also think it is not zero and if you are prepared to answer basic questions, maybe you can avoid escalating the situation. Take care, Jason
Thank you for your response, Jason. I completely understand your concerns, especially given the challenges we face in these times. The current administration has demonstrated a willingness to disregard legal precedents, court rulings, and constitutional principles, which understandably raises reservations and evoke fear.
However, it is crucial that we continue to push back by relying on established laws and factual information. We should never allow even the slightest perception that an LPR could be easily deported simply for visiting a sick relative in their country of origin or expressing their political opinion. Instead, we must make it clear that we are fully prepared to fight to the end, using every legal avenue available to uphold their rights.
I agree with this, of course, but it ain’t easy to stand up to the government, which has so many resources. Nevertheless, we have to keep trying. Take care, Jason
Hi Jason. Do you know which countries are expected to be included in the new travel ban and will green card holders of those countries be affected if they are visiting other countries (not their original ones)?
The only countries I have heard about are Pakistan and Afghanistan, but that may or may not be true. Also, during the last travel ban, after some initial confusion, GC holders were not affected. This time, I think we just need to wait and see. The ban is expected soon, and so it is probably wise to be inside the US if possible, until we know more about what is happening. Take care, Jason
Greetings Jason, I have received my green card 3 days ago (processing time was 4 months) and my refugee travel document today. I am a derivative asylee. Only my dad was persecuted 11 years ago in my country and we have been in the US for 10 years. Is it risky for me to travel for 3 weeks to my home country to visit my sick grandparents? The country I am from wasn’t part of the travel ban list.
The green card issue date says 24th February 2024.
Please advise and thank you in advance.
Wow, that was quick processing time compared to what’s on the website. I hope you won asylum more than a year ago otherwise you will be in trouble if green card issued early i hear
It should be fine, as long as your father did not indicate that you or his whole family is in danger, and as long as you look out for any travel ban issues. Take care, Jason
Hi Jason,
Just curious,Even if they’re us citizen through asylum they couldn’t go to their home country?
They can go to the home country and in the past, that would not have been an issue. Even now, I have not heard about anyone having a problem, but the government is acting so viciously towards all immigrants that I think even a US citizen who originally had asylum should at least think about how they would respond if asked why they returned to the home country. At this point, I would not advise a client not to return home, but I do think it is worth the time to think about how you would explain the trip if asked. Take care, Jason
Hi Jason,
do someone have to provide a certificate of conduct from local police department when applying for adjustment of status? i see some immigration attorney ask clients to provide one to show good moral character?
I never do that and it has not been an issue. Take care, Jason
Hey Jason, I hope you’re doing well!
You mentioned that you’ve seen an uptick in interviews for people in the backlog at your office. Do you know if this trend is also present at other locations, San Francisco in particular? I applied in December of 2016 and I’m still waiting..
I do not know about SF. I expect that is possible since the border has slowed down, the officers who did cases there can now spend time on affirmative asylum cases. Take care, Jason
Hi Jason,
Have you seen any old cases being called for an interview from LA or SF without expediting or mandamus?
I have very few cases from those offices, and so I would not really know. I have had cases called from Arlington, Newark, and Chicago, and I expect that all offices are probably working on older cases, but I do not have any first hand knowledge about that. If you do have a case at one of those offices, it is a good idea to gather your evidence so you are ready, just in case you are called. Take care, Jason
Hi Jason,
My wife has an AS7 GC (Iranian Nationality). To return from a trip, must she provide an RTP to be allowed to enter the US, or can she use her country passport?
Best,
If she has a valid GC, she should be allowed to return to the US. If she has a valid Refugee Travel Document, she can also return with that. So you know, there are many credible rumors that a “Muslim ban” is coming again soon, and so if she is outside the US, she may want to return as soon as possible to be safe (green card holders will probably not be affected, but we do not know for sure). Take care, Jason
Hi Jason,
Thank you for all your help and voluntary work for all the asylum seekers. It’s really appreciated!
Can you please give me some insight on how I can help my mom who is in a critical condition now and we have not been able to have each other in any presence cuz of my asylum status. I’m sure there has been some people that have gone through the same difficulty not being able to get reunited with their families. I came in on a visa and have been following up with all the protocols of the immigration system and laws for 2 years. Still waiting for my interview to this day but it is absolutely devastating that my family and I have to be separated until I get my citizenship and I don’t know how long that would take still for my family to get a visa to come after all that but my family would really need my support if they are currently in a critical condition. Is there any chances for them to get a visa to come or is there any exemption to the asylum status for traveling under the circumstances?
Thank you for help! Sincerely!
They can apply for a visa, though depending on the country, that can be very difficult. Also, it sounds like another “Muslim ban” is coming, and so that will make it difficult for people from targeted countries to come here. In terms of you, you can travel using Advance Parole – I wrote about that on September 11, 2017. If you go to your home country, it can damage your asylum case, but otherwise, if you can get it, you can travel (using your passport) and re-enter the US with Advance Parole. You might also try to expedite your asylum case. if you win asylum, you can travel. I wrote about expediting on March 23, 2022. If that fails, you might consider a mandamus lawsuit to force them to give you an interview. Take care, Jason
Hi Jason,
Wanted to ask how once can one file mandamus lawsuit? I spoke to a lawyer who stated that the case must be pending for at least five years. What are you thoughts?
Different lawyers have different opinions about this, and it probably also varies by asylum office. I think in our area, judges will generally not agree with a mandamus lawsuit unless the person has been waiting three years, but again, this may vary by judge, based on the facts of the cases, etc. Take care, Jason
Hi Jason, I hope you’re doing well. Yesterday I had my green card interview based on granted asylum at the USCIS office [redacted at request of commentor]. Please let me know; always thankful for your help.
It sounds pretty bad, especially since they hold so much power. If you mentioned your military service in the application, I don’t see how or why they would accuse you of lying. It is legit for them to ask about military service, but unless you are committing human rights abuses or persecuting people, that should not be a bar. If the case is denied, you can appeal. You can also potentially go to federal court. I think you will just have to wait to see what happens and take action from there. Also, I never believe them when they tell you the time frame. Maybe it will be 120 days and maybe not. Take care, Jason
Thanks for your quick reply; yes it was intense and they were pretty rude/aggressive but I went through the same questions for my mandatory service twice for my asylum and they cleared me; I didn’t do any military work or anything against human right but they banned/sanction that country and organization and that’s why they’re so sensitive about it. I read about appeal but I think it will take 1-2 years; if they deny my green card I will file a lawsuit in the federal court right away(I filed mandamus for my asylum case) and hopefully I could receive my green card. I exposed too much information in my comments/questions; I would really appreciate if you can delete my comments. I always admire your courage and work ethics to help refugees. Thanks
Hello Jason,
I noticed the “Asylum Division Monthly Statistics Report” from USCIS for January is still not out yet. Do you find this strange at all?
https://www.uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data
Best
I have not been following that, but last time, the Trump Administration reduced government transparency, and that is happening now as well, so this is not a surprise. Take care, Jason
Hi Jason,
Is your new firm interested in federal litigation work? U Visa delay litigation, we want to litigate untimely promulgation of regulations between 2000 and 2009 and loss of opporunity to file I-918 for the victims in that period as the program was not running while it was mandated to be implented, we have a lot of legal theory, for a large group. Only years later these applicants learned about the program and filed and are still stuck in backlog instead of being sponsored at the time of the crime by the police in order to stay here during the investigation which is the practice and purpouse of the program, victimization date = application date, don’t leave we need you here. There is a decision from a judge that says ineed 14 months at least there was a delay and this is enough for us as it is equal to four years in the backlog. We have 200 families ready to start at 3,000 rate per family for a group litigation.
Thank you!
The firm has some very good litigators, so maybe they can assist. You can contact them here: https://www.murrayosorio.com/contact-us/. Take care, Jason
Done. No response though. Do you have any other referral for litigation work?
They should respond – but you can also email me and I will see if I can assist (but that won’t be until Monday): Jason@MurrayOsorio.com. Thank you, Jason
Done. They replied they don’t have the bandwidth, maybe someone else?
Maybe you could look for a lawyer here: https://ailalawyer.com/. Lawyers who belong to this organization tend to be more reliable than lawyers who do not. Take care, Jason
On Mar 3th USCIS has proposed a new rule:
“Generic Clearance for the Collection of Certain Information on Immigration Forms,” implementing enhanced screening and vetting standards and procedures pursuant to section 2 of the EO “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.”.
On Mar 5th USCIS has proposed a new rule:
“Generic Clearance for the Collection of Social Media Identifier(s) on Immigrant Forms,” pursuant to section 2 of the EO “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.” USCIS seeks to collect the social media identifiers and associated social media platform names from applicants.
My question is, will these new rules likely to be effective, if so, does that mean anything being said against the current administration or government agencies on social media could be used against you in asylum applications, as public safety threats or terrorist involvement? (E.g., Criticizing Trump or disagreeing with his policies?)
The rules will have the effect of intimidating people, which is part of the point. I tend to doubt that criticizing Trump or US policy will be a problem, but supporting groups or movements that the Administration views as terrorist could be an issue. One example might be people who are expressing support for Hamas or even making statements that are viewed as pro-Palestinian. This was an issue in the first Trump Administration, though it was never a major problem that I remember. I did write about it on March 15, 2017 if you are interested. Take care, Jason
Hello Jason,
My asylum case has been referred to immigration court. I am the primary applicant, and my wife is the derivative. She wants to file her separate asylum case in immigration court and add me as a dependent to her case. Since we believe her case may be stronger than mine, is it possible for me to request that the judge administratively close my case in the master hearing and allow my wife to proceed with her claim toward the individual hearing. Thank you
That is not what you would want – Admin Closure is to remove your case from the active docket and set it aside as pending. I highly doubt the judge would agree to that under the Trump Administration. In any event, you can simply present her case first in court, and if she wins, you can withdraw your own case. If you keep your case pending, you will have it as a Plan B, and also, in the event she gets something less than asylum, such as withholding of removal or Torture Convention relief (which do not allow dependents to get status), you will hopefully be able to get that as well based on your own asylum application. Take care, Jason
Hello Jason.
I appreciate you for all what you do.My cousin petitioned her son and he came in the U.S as a derivative asylee but when his son’s application was made when he was still back home..so at the POE his passport was stamped I-94 with authorized to work.So do you think they will send the work permit to him since he is here,or can he send another I-765 application form so he can get a social security number ..he went to apply for a social security number but he was told the I-94 on his passport does not have the A number on it..
Please advise,what is he supposed to do?
Thanks
Hello Jason, could you please assist me with the likely questions to be asked during the asylum interview, or if anyone who have attended the interview could assist me with this.
It would be highly appreciated. Thank.
David
I did a post on September 8, 2016 that discusses the interview. You should be familiar with your asylum story and with relevant dates, and also with the I-589 form. Otherwise, that post may give you some ideas. Take care, Jason
Hello David Law,
Did USCIS called you for interview and if so did you expedite it and are you comfortable sharing your timeline? Thank you
If he filled the I-765 previously, he should get the work permit – it may take a month or two, but if it is taking too long, he can apply for that again here, as an asylee (category a-5), He can also ask for an SSN in the same form. Take care, Jason
Hello Sir,
Thank you for your insightful updates, as always. I follow many immigration blogs and lawyers on Twitter, and you were the first to report this—we truly appreciate your efforts!
I recently became a U.S. citizen by joining the military. However, before that, I married my wife a few months ago through an online marriage in Utah County.
Since our marriage has not been consummated, I’m wondering if I can file for her as my fiancée to expedite the process through a K-1 fiancée visa. Or, given that I have a legal marriage certificate from Utah, would it be better to apply for a marriage visa instead?
I’d appreciate your guidance on the best course of action.
This is not something I know much about. I think it may depend on whether you can show there are cultural/religious reasons for not having met previously, however I am not sure. I recommend you talk to a lawyer who does such cases to see what they advise. Take care, Jason
Dear sir. I’m a holder of a refugee travel document, green card still being processed and will take a year. With trump and everything what rights i have at a US port of entry when I’m coming back from travel abroad. Can they take away my asylum and deport me?
If you have a valid RTD, you should be able to return to the US. I have not heard about anyone in that situation having a problem, and they would not simply be able to take away your asylum when you arrive back in the US. There is a whole process to do that, which involves seeing an Immigration Judge, but unless there is some issue (criminal issue, fraud issue, etc.), I see no reason why that would happen. Take care, Jason
Since the administration is focusing on illegal immigration and not legally entered and applying asylum, is there any possibility that they automatically approve pending asylum cases over 5 years with no criminal records? That can help reduce the backlog greatly. Just curious, any thoughts?
We all will be happy if they give green card for those of us waiting for more than 5 years. However, the Trump administration was elected on the promise to mass deport immigrants. Those it will clash with their promise. The other important factor is the American people, just go online and see how people react. You will be surprised how many people support this Trump deportation effort. It is super scary. So you wish won’t come true but it is really a GOOD WISH
I think they are targeting anyone without permanent status, and I have not heard about any plan to grant asylum to those who are waiting. I think there is no chance of that happening, though I would love to be wrong. take care, Jason
Hi.Jason sir I need help really appreciate if you answer my questions.
My asylum is pending I have applied in 2016 till now no update.next year I’ll be completing my 10yrs so I’m planning to apply for removal procedure.I have few questions regarding Removal procedure as trump government is in power
1.Does the asylum case should go in the court for removal procedure?
2.i have 4 kids born in America does it will help me in removal procedure?
3.What should I do for the pending asylum case should I just wait or expedite?
4.100% Removal procedure will help me to travel without any problem &how much time does it take?
5.Based on Removal procedure do we get green card & how much time does it take?
You do not have an option to apply to removal proceedings. If the asylum case is denied, then you will be sent to removal proceedings. Maybe you can withdraw your asylum case and if you have no other status, they will send you to court, but your better bet is to try to expedite your asylum case – I wrote about that on March 23, 2022. If that fails, you can try a mandamus lawsuit to force them to give you an interview. As to your questions: 1 – if it denied at the asylum office, it goes to court unless the person has some other status to legally remain here. 2 – Potentially you could qualify for Cancellation of Removal, but you would need to have 10+ years inside the US before the court case begins in order to qualify for that, plus meet other requirement. If there is any chance to qualify for that, I would definitely try to avoid going to court until you have been inside the US for at least 10 full years. 3 – That is up to you, but if you need 10 years in the US, I would not take any action until you have the 10 years. 4 – If you are in removal proceedings you cannot travel at all unless you win the case. At the asylum office, you can ask for permission to travel – I wrote about that on September 11, 2017 (called Advance Parole). 5 – If you win Cancellation, you get a GC, but the court case takes a few years and there is a waiting period to get the GC if you win – that is at least 4 more years. Take care, Jason
Thank you for rpl.Really appreciate
Hey Jason! I’d like to hire an attorney, do you have a blogpost explaining how to find a good one? And do you happen to know any good law firms that work with clients with cases in the SF asylum office? Or maybe yours accepts such clients?
Our firm does cases all around the US. You can contact the firm here: https://www.murrayosorio.com/contact-us/. I would not be the attorney to provide the initial consult, though, as I do not currently have availability. If you need a local firm, a starting point would be here: https://ailalawyer.com/. Take care, Jason
Things will only slow down even more with all the purges… I recently received my green card after 11 years of waiting, and now I’m planning on visiting my family in Iraq… Has anyone heard of any complications re-entering the US? I got my GC through marriage to a US citizen, but I’m concerned about leaving the US now. I keep thinking we got through the worst yet here we are. Thanks for always sharing your blogs with us, Jason
I have not heard about people with GCs having problems when they return. Just be sure to keep your trip under 6 months, unless you also have a Re-Entry Permit. Take care, Jason
Hi, My family green card application (based on asylum) has been pending for 14 months.
1.Do you suggest to file lawsuit for a bit of 1 year delay, I want to do it but not sure it not appropriate
2. Do your new firm has a minimum time requested for a case to be pending for them to file mandamus,
1 – You can check processing times at http://www.uscis.gov and if the case is outside normal processing times, you can make an inquiry with USCIS. If that does not help, you can try the USCIS Ombudsman – there is a link under Resources and they sometimes help with delayed cases. If all that fails, maybe you want to try a mandamus lawsuit. In general, such cases take a year or 2, and so I think there is nothing unusual about the delay you are describing. 2 – It depends on the type of cases, and I am not sure about an I-485. My sense is that it is too soon for a mandamus, and you should try other avenues first. Take care, Jason
Hello Jason,
My cuson has become a U.S. citizen through marriage . Howeve, she has been outside the U.S. for 9 years without any re-entry. If she renews her passport (her current passport will expire next year) and tries to enter the U.S. after all these years, will she face any problem? Thanks so much for your time in advance!
If she is a US citizen, she should have no problem renewing the passport and returning here (as long as she has proof of her status in the US). US citizens can stay outside the country as long as they like, though it is better to keep the passport up-to-date during that period. Take care, Jason
Jason,
Why does democrat governments are so slow to implement meaningful changes to the immigration system while trumps changes are always quick and overwhelming?
Good question. I think Democrats are largely ambivalent about immigration, where Republicans view it as a major issue and a major threat to our country. Take care, Jason
Hello Jason,
Pending asylum, employer is filing for H1B also, will it impact or benefit anyway?
Thank you.
Whether you can get an H1b, and whether that required you to leave the US, I do not know. Certainly, you should discuss that with a lawyer to see if you are eligible, and if you can get the H1b inside the US, or if you have to leave, how that will work. Filing for an H1b would not normally have any effect on a pending asylum case, at least not that I can think of now. Take care, Jason
Should elon musk be denaturalized and deported ?
It seems that he violated his visa condition while he was a nonimmigrant…
We don’t know that for certain, but it seems likely. I kind of doubt that will much matter, as he seems well above the law. Take care, Jason
Hey Jason! 2 questions.
1. In light of the news you mentioned in this article, do you still think it will be better to wait out this administration rather than filing a mandamus lawsuit? If the asylum system changes drastically I doubt that even if the next administration ends up being democratic they will be able to reverse all of changes and I doubt that it will be a priority for them given the general anti-immigrant sentiment in the US and the world.
2. Given this admin’s stance on the Russia-Ukraine war, do you think it will affect my political case that’s based on my support for Ukraine? And in general do you think that Trump’s warmth towards authoritarians such as Putin, Maduro, Xi, Kim, etc. will play a role on asylum decisions?
1 – We don’t know that this will happen or how it will look if it does, but I do expect things to keep getting worse, and so I guess if you want to try a mandamus, you can. That makes more sense if you have a strong case than a weak case. 2 – In general, such political considerations have not had much effect on asylum cases. Whether that will be different with this Administration, I do not know, but individual asylum cases tend to be removed from the high-level political stuff, so hopefully, it will not affect you. In terms of Trump’s warmth towards dictators, I think that is a big problem for democracy in general, and I am sure it won’t help asylum seekers either. But how exactly that will look, I do not know. Take care, Jason
How can I evaluate whether my case is strong or weak? And if it’s weak what do you think is a better strategy for now?
I did a post on March 23, 2017 with some ideas about how to evaluate a case. However, the best way is to consult with a lawyer and see what the lawyer thinks. Also, the lawyer can help look for weaknesses and brain storm ideas to help with those. I do not know what the best strategy is for now – I think each person needs to evaluate the case, think about what their goals are, maybe consult with a lawyer about how to proceed, and make a decision that is best for them. This is difficult to do given the hostile environment and all the uncertainty, but I think it is important that people make their own decisions as best as they can. Take care, Jason
Hello dear Jason. I live in NY. I’m on a budget. I want to ask if there are some database where i can see all immigration lawyers in my area and maybe filter by newly licensed ones or new offices since they are likely to be more affordable. I was quoted $10,000 and $12,000 by another one for my court removal case. My friend who lives in a nearby state was quoted only $4000 by a lawyers and got him asylum
Thank you so much
I know of no such database, though I wrote an article about lawyers’ fees on March 2, 2016 that might be helpful. I also did an article with links to non-profits on September 22, 2016, and maybe they could recommend a low cost referral to you. Take care, Jason
Jason, good evening. There have been some news articles where the WH is in discussion with private military contractors for enforcement. Apparently they’re not happy with 1000 a day number and private contractors are telling them that they could possibly deport 500,000 a month. Also, a lot of this can be bankrolled by civil asset forfeiture where they take immigrants belonging and assets. It’s unprecedented if it’s true. Do you think this would happen?
I have not heard about that, but I imagine this Administration will try anything to deport as many people as possible. I think 500,000 per months sounds very unrealistic, especially without help from Congress. In terms of asset forfeiture, I think that would be extremely difficult to accomplish, both legally and in practical terms. I am not saying that maybe they would not try, but it doesn’t seem very realistic to me. Take care, Jason
Hello Jason,
Did the Trump administration go back to FIFO? I noticed that they have been issuing lots of RFE for people who just filed for AOS but we guys whose applications have been pending for two years, seem to have been forgotten? Have you had clients who applied for AOS a while ago get their cases approved? Things are falling apart!!!!!
I do not think they returned to FIFO, but at least in some offices, they are interviewing the oldest cases, and many cases are being scheduled. In terms of AOS, I think we had one or two clients get their GCs sine Trump took office. Others are pending for a long time. Whether they are forgotten or just slow, I do not know. Take care, Jason
Hi Jason,
Thank you very much for your continuous help and support for the asylum community.
I would like to ask you some questions, please.
I did my asylum interview sometime in 2023. I still didn’t receive my decision. But I checked from FOIA that my case is referred to IJ. These are my questions:
1. Is it common to take more than 2 years to receive a decision, even if it looks like AO referred my case to IJ three days after I did my interview (2023).
2. What do you think I should do now, in general? I went to the asylum office multiple times to let me know my decision, before the new administration take office.
3. If the system you just explained to us above (SIO being responsible than IJ) is going to be implemented, what do you advise me? Is the system including the process going to be like going to court (immigration judge)?
4. Do I need a lawyer if it’s going to be transferred to SIO or I can do it myself (I had lawyer when I did my interview at the asylum office)?
Thanks
1 – I do not know how common this is, but it is not a surprise, as the case needs to be approved by a supervisor and complete background checks, and these things can take a long time. 2 – If you want the case referred to court, you could file a mandamus lawsuit, but I am not sure you want that. If you think you can win in court, that may be a good idea, but also keep in mind that some people can qualify for Cancellation of Removal (which is a type of relief in addition to asylum) if they have been in the US for 10 years, and so if you think that may be an option for you, you may want to do nothing until you have the 10 years in the US. 3 – I do not know whether it will be implemented or not, but if it is, I expect that it will reduce due process protections and it will be more difficult to win in court. 4 – We will have to see whether that system is implemented and how it looks, but given the way things are going, I think it is wise to have a lawyer to help, if you can get one. Take care, Jason
[…] Jason Dzubow writes: […]
I hope you are doing well.
I wanted to ask for clarification regarding my immigration status and the approval of my Refugee Travel Document (RTD). I previously had a case in Boston court, but it was Dismissed Prior to Argument. I also checked my CORI report, and nothing appeared on my record.
Despite this, I was able to successfully apply for and receive my RTD without any issues. My question is: Can I assume that my immigration status is clear, and that if there were any adverse findings against me by USCIS, my RTD application would have been denied? Or is there still a possibility that something exists in my immigration file that I am unaware of?
I appreciate your time and guidance on this matter.
Best regards,
I would file a Freedom of Information Act request with USCIS and EOIR (the immigration court) to get a copy of your file, including any approvals. There are links under Resources called FOIA EOIR and FOIA USCIS and those might help. Normally, you would only qualify for an RTD if you have asylum or refugee status, but I do not know your case and so maybe the RTD was issued in error? You should have proof of your asylum or refugee status, and you would have needed that to apply for the RTD. I guess if you do not have that or cannot get it from a FOIA, you can hire an attorney to help figure out what is happening. Take care, Jason
Thank you for your response. I would like to clarify my situation further.
I was granted asylum by the immigration court and still asylee , However, sometime later, I had an issue at a store where I was mistakenly suspected of theft. We went to court, but the judge dismissed the case before any argument.
After this incident, I applied for a Refugee Travel Document (RTD), and my application was approved without any issues. I also ran a CORI check on my criminal record, and nothing appeared.
My question is:
1. If I had any criminal record or immigration issues, would my RTD application have been denied?
2. Given that my RTD was approved and my CORI report is clear, can I assume that there are no problems with my immigration status?
I appreciate your time and guidance.
Best regards,
Thanks
1 – I am not sure it would be denied; it might depend on the nature of the conviction. 2 – If the criminal case was dismissed, there should be no problem with the status. However, you need to get a copy of the “disposition” (final outcome) of the court case, as you will need to answer certain questions “yes” when you apply for the GC (for example, whether you were ever arrested), and then you will need the disposition to show that the case was dismissed. Under these circumstances, you should be eligible for a green card and the dismissed criminal case should not block you. Take care, Jason
Hi Jason,
My asylum case has been pending at the LA for 8 years now. I am contemplating filing a writ of Mandamus. The Mandamus attorney have informed me that if we file, the interview notice will be send withing 90 days but since LA is the most backlogged asylum office in the country; it will take between 9 to 12 months for the interview to happen. My question is; with the current environment and what is going on, is it safe to file a Writ of Mandamus? Thanks
That is an effective way to get an interview, but my understanding is that LA is backed-up and there is a wait list for mandamus interviews. In terms of winning, so far, there are really not many changes that would affect the likelihood of being granted asylum for most people, especially if you’ve been in the US for 8+ years. Maybe that is something you want to review with your lawyer, but if you are confident in the case, it may be worth trying the mandamus. Take care, Jason
Hi Jason,
Thank you for the informative blog. Have been an avid follower. I am an asylee green card holder, have had my green card for 4 years now, counting down to apply for citizenship next year. Quick question:
1. I have a travel document and would like to travel. I’ve been reading about green cards being revoked at the airport etc. Is it safe to travel now, or just wait till I get my citizenship next year?
2. I just read this new Executive Order. Does this apply to GC holders as well..So much is going on with this administration- we always on our toes.
“The Trump administration issued an executive order titled “Protecting the American People Against Invasion,” mandating the enforcement of alien registration requirements under Section 262 of the Immigration and Nationality Act (INA).
This mandatory registry will collect personal information including fingerprints and home addresses.
If an immigrant intentionally doesn’t register as required, they can be charged with a misdemeanor. If convicted, they may face:
✅ a fine of up to $1,000; or
✅ imprisonment of up to 6 months; or
✅ both a fine and imprisonment.
Homeland Security Secretary Kristi Noem stated that those who comply can avoid criminal charges and will receive assistance in returning to their home countries.”
Thanks!
1 – I have never heard about a GC being rekoled at the airport, and I think those rumors are false, as there is a legal process to take the GC, and that involves an immigration judge (at least so far). 2 – The rules have not yet been implemented for this new requirement, and so we will have to wait and see, but my understanding is that if you have a GC, you have already registered. Take care, Jason
Hi Jason. My case has been pending in BIA for last 3 years. What do you think will happen to my pending BIA case. Do you think I should rather apply for PD? What are the chances PD would be granted?
Thank you so much.
I guess it depends on the case, but in general, I highly doubt DHS would agree to PD. They have actually eliminated the old PD email addresses, at least at one of my local DHS offices. In any event, you can always ask and see what happens. In terms of cases, I do not know what will happen. I think they want to eliminate appeals, but I am not sure how that will work for cases that are already on appeal. Take care, Jason
Hi Jason, what are your thoughts on Alien Registration Requirement https://www.uscis.gov/alienregistration ? Does it apply to asylum seekers, if asylum seeker came with valid visa, have fingerprints taken before and a couple of eads? I’ve read that it doesn’t, but some people say it does, which is confusing.
We will have to wait for more specific rules, but it seems like it won’t affect too many asylum seekers – anyone with a work permit will likely be considered registered, and so that is probably most asylum seekers. People who entered lawfully with a visa also seem to be considered registered. In any event, they will issue more specific rules and we will learn more. Take care, Jason
Thanks Jason for sharing this. I am not surprised at all bc we all sensed something of similar magnitude was going to happen. Reminds me of their Lifo-Fifo change during the first term but much worse?
The question I have i guess is who is going to pay for the new officers ? Do you think the new administration can pull it off? I dont think USCIS can afford employing all those IJ replacements and he is already asking for funding for ICE and other immigration agenda stuff. Maybe i am being too optimistic but this plan doesnt seem that easy to execute and seems like is mostly going to hurt people and stir the pot.
Also what are your thoughts on the recent change on trying to have all undocumented people register on the USCIS’s website?
Thanks again for everything you do
I think they will find a way to pay for it – that is one area where they are not cutting. Also, I expect if this happens, the SIOs will work for DHS and not DOJ. We’ll see what Congress does, but the Republicans are working hard to bend the rules as much as possible in order to get their budget passed, and we’ll see what happens. In terms of registering, it seems like it does not apply to everyone, but for now, we are still waiting for more specific instructions. Take care, Jason
Hi,
I have a travel document that expires in July 2025. Can I travel to Italy in the first week of April, even though it’s not my home country? I have asylum approval from the Boston court and applied for the green card about two years ago, but I am still waiting. but I want to make sure that the situation with the border and immigration is safe under the current administration (Trump’s).
I asked the Italian embassy, and they told me that my travel document must be valid for at least three months. It’s valid until July 2025, so it meets that requirement. I’m just concerned about entering the U.S.; is there any problem with that?
Thanks
As long as the Refugee Travel Document is valid, you should be ok to re-enter the US. I have not heard about any restrictions from the Trump Administration for asylees. Take care, Jason
Thank you Jason,
I was expecting the worst to come but this is much better. Since Trump is always on the edge, I won’t expect anything good from him!
Saying that I have a question,
1. Do you think this SIOs are going to replace the Asylum officers which do the intial interview? I am one of those lost in the backlog waiting since 2015? 2. Did you see any older cases scheduled for interview under new administration (after January 20th) without expited request or mandamus lawsuit?
Thank you
1 – I have not heard about that, but I expect they will want to consolidate the asylum office process and the court process, so maybe. 2 – Yes, we are seeing cases from 2015 and 2016 get scheduled for interviews. The asylum offices (or at least some of the offices) seem to be moving along rapidly now, so if you have a case, you should make sure to have your evidence so you are ready. Take care, Jason
Usually, I don’t believe in revenge, but I’m surprised to see this post from a lawyer who has witnessed the suffering of asylum seekers caused by these lazy judges. Though there are good judges, Trump is taking revenge on behalf of those who were suffered by these cruel judges, separated from their beloved families for years, and forced to spend thousands of dollars to complete their cases. Because of these people, cases have been backlogged for more than 10 years.
I wish he had fired all of them so they could experience what it feels like to be helpless and separated from family. Thank you, Mr. President!
Unfortunately, the good judges are the first target, and there are many who are good. The long delays are not the fault of individual judges or asylum officers. It is the fault of our government’s failure to address systematic problems. Also, by the way, if good judges are the first target, bad judges may be the second target. Take care, Jason
Jason, thank you for the update! Let me preface my response by saying that I don’t know much about this area of the law. Therefore, my opinion on this may or may not make sense. It is my understanding that the president has significant authority over the immigration court system, but there are constitutional and statutory limits, particularly regarding due process protections and the rights of permanent residents in immigration court and those already granted asylum.
Further, Immigration judges and BIA members are part of the Executive Office for Immigration Review, which falls under the Department of Justice. Since they are not Article III judges with lifetime appointments but rather executive branch employees, the Attorney General, appointed by the President, has broad discretion in hiring and firing them. However, and this is a BIG however, terminating BIA members without following proper procedures, which you hinted at in your article, such as dismissing them before their probation period ends without justification, could be legally challenged.
It is also my understanding that- and I know that I could be wrong- the proposed change of converting immigration judges into special inquiry officers raises legal concerns since it would fundamentally alter immigration court procedures and may violate statutory due process protections. The INA requires removal proceedings to be conducted before an impartial adjudicator with the right to counsel and an appeal process. Removing DHS attorneys from the process and eliminating appeals would significantly reduce procedural protections and could be seen as violating due process under the Fifth Amendment. Based on your article, I did not get the impression that the part to counsel and an appeal process would remain once Stephen Miller and other Trump Nazis have implemented their change to the EOIR.
Your article did not mention much about people with asylum or refugee status and permanent resident status, for example, who found themselves in immigration court. I am therefore wondering if these “inquirers” would also be adjudicating cases regarding LPRs. For, LPRS and asylees (those granted asylum) have stronger due process protections than undocumented individuals because they have lawful status in the U.S. If changes eliminate appeals and legal representation rights, lawful permanent residents could challenge their removals in federal court under the Administrative Procedure Act and the Constitution. And what about these case being appealed to the BIA?
I am therefore of the opinion that eliminating appeals and turning judges into interrogators could be seen as a denial of fundamental fairness- and possibly constitutional rights and violation of immigration laws. There is also a separation of powers issue since restructuring the entire court system unilaterally, despite the fact that president has authority over the immigration court system, could lead to challenges from Congress, which has authority over immigration laws. But would Congress, which the Republicans currently have majority, genuflect to Trump’s illegal and cruel demands? Additionally, if the Executive Office for Immigration Review makes major structural changes without following proper rulemaking procedures, lawsuits could block these changes in federal court. I think our best hope for finding this change unlawful is in the judicial system. Congress is broken at this time.
Great question Jamie!
Jason please consider answering Jamie in some detail today now that you’ve dropped this bomb on your readers this morning. Thank you 🙏
Jamie,
Thanks for your continued participation and input in this platform. I have learnt a lot from you. My question to you here, what has the legal permanent resident and asylum granted (asylees) to do with this article? What situations could take them to the court and you get concerned on the overhauling of the BIA?
Thanks
Hi, thanks for your questions.
Asylees and individuals with LPR (Legal Permanent Resident status or other forms of humanitarian relief like TPS) will be negatively impacted if they find themselves in Immigration Court or appealing their case to the BIA (Board of Immigration Appeals) due to the following key changes:
Elimination of appeals: If the BIA is purged and judges are replaced, asylum and humanitarian cases will face more restrictive decisions with fewer chances for appeal. This is one of the obvious damage that could be done.
Reduced due process protections: Converting Immigration Judges (IJs) into Special Inquiry Officers (SIOs) means hearings will function more like asylum interviews rather than judicial proceedings, removing key procedural safeguards.
Faster and harsher deportation decisions: With regional commissioners affirming SIO decisions without appeal, asylum seekers and others facing deportation will have little recourse, leading to more erroneous removals.
Weakened legal review: As SIOs lack judicial independence, decisions may become more politically influenced, making it harder for asylum seekers and those with LPS to get a fair hearing.
I think part of the question is also about how such people get into court. But an LPR who violates their status could end up in court, and they would hopefully have all the due process protections as before. I just worry that as things change for the worse, all immigrants will have less protection. Take care, Jason
I think this again highlights my question…
Why hasnt the asylum community-advocates and seekers-do more to help Kamala Harris…
This will not have happened should Kamala win…Why no AILA members campaign with Kamala Harris ? In fact, I cannot recall a single immigration or asylum lawyer campaign with Kamala Harris. This insufficient level of support…in my opinion, strips away the right to be dissatisfied with the consequences of the election…like him firing BIA people
This is a little late, but for what it’s worth, I think many asylum advocates supported Kamala Harris, including me. Take care, Jason
I wish there is more of an effort, action to support Kamala Harris. Like donating money, campaign with Kamala, phone banking. Honestly, I feel that asylum advocates are the most qualified people to push back the false narrative from republicans about asylum seekers….But…because of your(meaning the group of asylum advocates) absence…and Kamala Harris’ unwillingness to push back…Republicans basically is traveling free in terms of their false asylum narratives…
They have already filed people without the proper procedure. These people are lawyers, and I think they will sue, but that is a long process and even if they win, it’s hard to imagine it will do them a lot of good. I think the Administration basically believes they can get away with this, and so they are doing it. I hope they will be held accountable. In terms of the law, I am not sure either – SIOs are covered by statute, but since that statute was created, the law changed. Perhaps this plan will be challenged, or maybe it is just an idea and will not come to fruition. But I am pretty confident in my sources and I think it is definitely a plan in the works. Maybe it will never be implemented, but we shall see. Whether LPRs who are facing deportation will go before SIOs, I do not know, and I do not know how that worked pre-1973. Maybe some IJs will remain for certain types of cases; I have not heard anything about that. In terms of the BIA, almost half of the judges there have been fired, and the remaining judges might also be fired. My sources did not know about that, though it sounds like the remining people at the BIA are concerned. Finally, if these or similar changes are made, I agree that the courts may block them. Or they may not. Unfortunately, we are in a very perilous time and we all have to do our best to protect vulnerable people and protect democracy. Take care, Jason
I applied i-765 renewal based on pending asylum c8 last week online. I was issued a receipt right away and this week i can see in my progress that step 1 and step 2 fingerprints completed thats waived. And its says final decision current step 3. How long will it take for i-765 to be approved renewal also my progress says estimated time for approval is 5 months.
There is another problem im seeing in documents myuploads whenever i try to to view it it gives data.null.error. I cant see my uploaded documents. I hope uscis can see my uploaded documents. Is that an issue that happened to you clients sir. Thanks
Processing times seem to vary a lot – it may be a few weeks or months. In terms of documents, I have been hearing about this error, but I don’t know what the issues is. Hopefully, it will just clear up – maybe check back in a few days. But if you have the receipt, you should be ok. Take care, Jason
Our EAD renewal took less than three weeks (from January 17 to February 3), even though we sent the documents by mail. I hope it helps.