The Trump Administration has started sending some migrants to third countries. There is little transparency around these operations, but so far, the deportees seem to be people who arrived recently at the Southern border. Regardless of their nationality or potential fear of persecution, the U.S. government is sending some migrants to third countries, such as Mexico, Guatemala, El Salvador, Honduras, Costa Rica, and Panama. In most cases, the returned migrants are then sent back to their home country, but in some cases, the third countries seem willing to hold (and perhaps detain) deported migrants, at least for a while.
Could the Administration apply this same strategy to people who have been granted Withholding of Removal (WOR) or protection under the Convention Against Torture (CAT) ?
The first thing to know is that people who have been granted WOR or CAT have been ordered deported from the United States. That deportation order is “withheld” or “deferred” as to the home country where the person demonstrates a likelihood of persecution or torture. In other words, anyone who has WOR or CAT has been ordered deported from the U.S. They just cannot be sent back to the specific country where they fear harm.
In the past, a grant of WOR or CAT basically meant you could stay in the U.S. indefinitely, since no other countries were willing to accept non-citizens on a permanent basis, and so there was nowhere for the U.S. to send WOR and CAT grantees.
Whether that has changed or not, we do not yet know. Although Mexico and several Central American countries have agreed to accept certain migrants who are not their citizens, we do not know whether these countries would be willing to accept such people on a permanent basis, or whether they would accept deportees with criminal convictions (there are many reasons why a person might get WOR or CAT instead of asylum, but one reason is that the person has a criminal conviction which makes him ineligible for asylum).
Assuming a third country is willing to accept them, can the U.S. legally deport WOR and CAT grantees to that country?
The National Immigration Litigation Alliance (NILA) and several other non-profits have prepared a practice advisory on this question. The first Trump Administration took the position that the government would not deport people with WOR or CAT to a third country “until after the individual receives meaningful notice of the pending deportation and an opportunity to assert a fear-based claim against removal to that third country.” In other words, under Trump-1, WOR and CAT grantees would not be removed to a third country without proper notice and an opportunity to defend against deportation by showing that they would face persecution in the third country (or, presumably, if the third country would send them back to their home country).
However, DHS “has no written policy to provide noncitizens either with notice or an opportunity to present a fear-based claim before DHS deports them to a third country where they face persecution and/or torture.” According to NILA, the absence of such a policy is “particularly concerning given the administration’s stated intention to pressure third countries to accept noncitizens ordered deported from the United States.” Put another way, NILA and the other advocacy groups fear that deporting WOR and CAT grantees to a third country may be a possibility, and the non-citizens–especially if already detained–may be informed of an imminent third-country removal with little advanced notice.
What can WOR and CAT grantees do to protect themselves? NILA has a few suggestions (see the practice advisory for more details):
- For people currently in removal proceedings, one option is to list on the I-589 asylum form all countries where the person fears persecution. This information can also be submitted into the record through testimony.
- For detained individuals, you can inform DHS in writing of all countries where you fear removal and “demand a stay of removal and reopening if DHS intends to deport [you] to any of the identified countries.”
- If DHS has indicated an intention to deport you to a third country where you fear harm, “it may be necessary to file an emergency motion to reopen and motion to stay removal.”
A final suggestion (my own) is to review your case with a lawyer. Maybe something has changed that would allow you to reopen your WOR or CAT case and try to get a more secure status.
In practical terms, there is no easy way to prepare in advance for deportation to a third county, especially when you have no idea where the government intends to send you. Also, for most deportees, it will be difficult to show that they face harm in a random third country. Nevertheless, it does not hurt to have a trusted family member or friend who can help contact your lawyer (or find you a lawyer) if needed and who can provide other support.
All this is quite frightening. But perhaps WOR and CAT grantees can take some comfort in the fact that there are few countries willing to accept our deportees, and so far at least, the government is not engaged in any systematic effort to target such individuals. Also, many good organizations and people are ready to challenge such removals and to preserve our country as a safe haven for those in need of protection.
For people under the Withholding of removal:
Recently it was reported the case of a person under the WOR status, forcefully deported by ICE despite his withholding of removal status
Abrego Garcia, who lives in Prince George’s County, Maryland, was deported in March 2025. His lawyers allege this happened without any legal proceeding and in violation of the “withholding of removal” order issued by an immigration judge in 2019.
https://www.cbsnews.com/baltimore/news/maryland-father-deported-el-salvador-abrego-garcia-us-immigration/
I’m in a person under WOR from 2011 due to report with ICE on July. Similar scenario: US citizen wife, 4 US citizen kids, the youngest of them with a life-threatening medical condition.
If you believe Trump 2.0 immigration enforcers will have any compassion for you or for your family, you’re either naive or you’re from LaLa land.
Brace yourselves for a brutal purge. Families of thousands will be separated in many cases for ever.
Many of us will endup in detention facilities designed to brake-down your very soul by being mentally and physically tortured. Many of us, upon being returned to the heands of the governments from which we run from, will be killed.
The absolute today reality.
Having the news of this precedent happening, are you going to gamble your life by reporting to ICE as scheduled?
Are you going to walk in to that building knowingly that it may be the last day of your freedom on a FastTrack of the desecration of your family?
They don’t care if your family will become homeless, will be hungry, thirsty, seek, or fall victim of abuse or worse. This is whom Trump 2.0 it is with respect of your status.
You don’t fix the law by braking the law. Those are Godless, heartless cold blood humanoids species.
History will judge them, karma will follow them.
Nothing goes unpaid.
May God bless all of you!
Mike, your post was heart breaking to read. I really feel your pain and understand how as the father of young children you are living with this fear.
Please know that my family member attended his check in today and everything went well. He was given a one year next check in.
This is a CAT recipient with a deferral of removal due to a past criminal conviction/final order of removal.
I hope this experience brings you some peace. Stay strong!
This is very good news! Makes me happy for your family! I’m the same position. May is my appt. Terrified!
Mike, your post was heart breaking to read. I really feel your pain and understand how as the father of young children you are living with this fear.
Please know that my family member attended his check in today and everything went well. He was given a one year next check in.
This is a CAT recipient with a deferral of removal due to a past criminal conviction/final order of removal.
I hope this experience brings you some peace. Stay strong!
hi Jason
Referral to an Immigration Judge:
If the asylum officer determines that the applicant is not eligible for asylum, but the applicant is not in lawful immigration status, the case may be referred to an immigration judge for further consideration
MY QUISTION is Referral to an Immigration Judge considered as placed in removal ,rescission, or deportation procceding
Yes – if you are in immigration court, that is a removal proceeding (maybe in the old days, it was a deportation proceeding). Take care, Jason
This is a very fresh news.
Judge’s Order Slows Trump Deportation Plans for WOR and CAT
https://www.nytimes.com/2025/03/28/us/politics/trump-deportations-judge-order.html
https://storage.courtlistener.com/recap/gov.uscourts.mad.282404/gov.uscourts.mad.282404.34.0.pdf
It is a positive development (assuming the Administration does not violate the order, which always seems possible). It makes sense, as the Administration wants to whisk people away to third countries (such as El Salvador where they are subject to conditions that may be torture) without due process of law. Presumably, this will be appealed and it does seem like an issue that could be decided by the Supreme Court. Take care, Jason
Is detention mandatory in these cases ?
Hello Jason,
Below news is very fresh. It is about WOR and CAT. Any thoughts and comments will be appreciated. Thank you in advance.
https://www.nytimes.com/2025/03/28/us/politics/trump-deportations-judge-order.html
https://storage.courtlistener.com/recap/gov.uscourts.mad.282404/gov.uscourts.mad.282404.34.0.pdf
Hello Jason,
Any thoughts and comments about Judge Brian E. Murphy’s TEMPORARY RESTRAINING ORDER for WOR and CAT holders issued on Friday afternoon, March 28, 2025?
Hi Jason
i have a green card through IJ approval back in 2019
in 2018 my asylum case was rejected and transered to immigration court,
my Quistion when i fill my citizenship application quisition no 20
-have you ever been placed in removal ,rescission, or deportation proceding
i am very conused what to say, Yes or No
If you have a case in Immigration Court then you were in removal proceedings. I think there is also another question about whether you applied for relief from removal and if you got a GC from the judge, then it sounds like you did get relief from removal. Take care, Jason
Hi Jason,
I was granted CAT back in 2018. Since then I was released from detention on ICE supervision every-year. My next appointment will be in May this year. Obviously, this appointment had me all nervous because all the anti- immigrant atmosphere we’re living right now. Is there a chance, in your opinion they can try to detain me trying to deport me to a third country not designated in the IJ’s order at that appointment? My thoughts were that after NASRALLAH, it was clear that the Supreme Court after reasoning that CAT orders are distinct from “final orders of removal.” CAT and WOR holders were more protected. Additionally, after I read your last advice on the article guidance you’ve posted (much appreciated) the risk is present due to ICE might try to remove you to a third country without trying to revoke your CAT status in court first. My wife and two sons are LPR’s and my daughter is an US citizen. I haven’t file I-130 yet because I was trying to do it when my wife becomes an US citizen which is eligible next year. It seems I would have to file it before that appt with her being LPR and wait the longer, after approval I was planning to send a package to the DHS Counsel with my case’s jurisdiction to request them to join me in a petition to reopen my case to adjust status subsequently if all goes well. I guess I’m basically very worried about the upcoming appointment being the sole caregiver to my 8 years daughter due my wife’s schedule at work. Any clarity and your thoughts on this will be greatly appreciated. Btw, I’m a paralegal I got my certification while I was in custody to aid myself and my attorney on that very difficult battle we endured which I thought ended obtaining CAT status.
Regards,
Mario
It is a real disgrace that you have to worry about this. Assuming you are eligible to get your status when your wife becomes a US citizen, maybe she wants to file the I-130 now, so that it is another piece of evidence in your favor and that the process is started. Otherwse, I have not heard about an effort to deport CAT or WOR people to a third country, and presuming you do not have a criminal record, I am not sure you would be a priority for that. While I certainly understand why you would be worried, given what we have been seeing so far, you will probably be fine. I guess if you have a lawyer, you can make your lawyer aware of the check-in, and so if something needs to happen quickly, the lawyer can hopefully move fast to help you. Again, I think it is unlikely, but if your lawyer is ready to take action if needed, that would not be a bad thing. Take care, Jason
Jason,
I just came across this class action lawsuit regarding WOR and CAT cases. There was also mention of a directive on Feb. 18th regarding specific WOR and CAT holders.
https://humanrightsfirst.org/library/class-action-lawsuit-challenges-unlawful-deportations-to-third-countries/
Interesting – Thank you for sharing this. I will take a look. Take care, Jason
Hello,
I have a family member granted CAT-deferral of removal due to criminal conviction where green card was taken away. This years Check in was in February and was asked to return in April. Check ins were yearly under last administration but have been anywhere from initially monthly to every 3 months to once a year in the past. CAT was granted 23 years ago after a final order of removal.
Spoke with an attorney to come to ICE check in and they suggested preparing a stay of removal if needed, but not sure if given the current status that would make a difference in this administration. Concern is third country removal and detention during that process.
Any information would be greatly appreciated.
I just don’t have much info about this. It seems like some people are being detained, but it is unclear how many, or if there are particular people who are targeted. Also, it is unclear how the procedure would work if you wanted to try to get a stay of removal. Most likely, you would need to file a habeas corpus petition with a federal court (not an immigration court). If you are detained, that would have to be filed quickly, while you are still in your local area. It seems that once ICE detains a person, they quickly transfer them to Louisiana, and once that happens, you would have to file the habeas with a federal judge in Louisiana, which will probably be a lot more difficult (this is exactly why they transfer people – to make it harder to file a habeas). Maybe talk to the lawyer to see if the lawyer thinks this is the best option and if they can do it quickly, should that be needed. Hopefully, ICE will not detain you, and I get the sense that most people are not treated this way (I just had a client do an ICE check-in, and he was not detained; he is an asylum seeker, but he only entered recently and such people are more vulnerable to being detained). However, it is better to be prepared just in case. Take care, Jason
Hi
I received RFE for a GC asylum based.I stated in my application that I have been cited(speed,traffic camera) and that I paid fines.
The RFE ask me to submit the proof of payment of all fines.
1. Do I have to print a automatic confirmation of payment sent to my email after payment or they need some certified documents with stamps? Every time I pay traffic ticket a confirmation of payment is sent to my email, can I just print all of them and submit it as proof of all payment?
2. How long does USCIS take to give a decision on my GC application after they receive my reply to the RFE.
1 – It seems idiotic for them to ask about this, but I guess you have to give them what they want. I do not know that the email receipt is enough, but maybe there is nothing else. I would try to get a better proof of payment, but if all you have is the email, you can also include a copy of the ticket and maybe a copy of your bank or credit card statement to show the payment was made. 2 – That is not predictable. It used to be pretty fast for most RFEs, but lately, it is not predictable and it could be fast or could take months. Take care, Jason
Hi Jason,
I hope you’re doing well.
I’ve had WOR since 2019, and recently, I went to the DMV to get a REAL ID. However, I was told that the A10 category is not eligible for a REAL ID. I thought having a valid EAD would be sufficient. Is it correct that A10 is not eligible?
I don’t have a passport, and it seems that without a REAL ID, I won’t be able to travel domestically by plane. I also don’t have any criminal background, and I filed my asylum case on time. Would I need to reopen my case?
Thanks for your help!
I do not know the rules about REAL ID and driver’s licenses, but that may be correct. The DMV website should have that info or you can ask them to see whether there are other documents you can get to try to satisfy the requirements. Otherwise, you could talk to a lawyer about whether it is possible to reopen your case to get a better status. That is not easy, but it might be possible depending on the situation. Take care, Jason
Jason, I have two questions to ask you please first of all if we sign up for self deportation can I go to another country of origin for which I don’t hold a passport you must remember sometime ago I wrote to you that Pakistan government is not issuing passport to asylum-seekers where my case is not even approved, but they’re still not giving me the passport. I want to be able to go to a different country where my husband and kids are going do you think self deportation will help me or will I get stuck at the immigration in that country since I don’t have a passport Secondly, I don’t want to ask you if I want to withdraw my asylum case over here will they put me into remove proceedings immediately am I risking my status here are they gonna cancel the work authorization and can I come up at our doorstep to question us please let me know the answers to these two questions. Thank you.
I doubt their “self deportation” will benefit you in any way, and so I do not know that there is any valid reason to do that. We will have to learn more as the policy is implemented, but it seems like a sham to me. Also, withdrawing the asylum case could cause them to send you to immigration court. I do not know the policy of getting a passport, but it seems like it is better to get the passport, then leave the US, and only then requested to withdraw the asylum case, as that way, you can provide evidence that you are outside the US and can avoid being sent to court (where you would eventually get a deport order). Maybe you want to talk to a lawyer to help you make a plan to leave without a deportation order, if that is important to you (if you get a deport order, it will bar you from returning to the US for 5 or 10 years), or if you need help getting a new passport. Take care, Jason
Hello Jason,
I am a single mother of 4 kids we were legally admitted into the US and we all are here in the US. I applied for asylum and was referred to court. My first hearing will be at the end of this year. Myself and my fiance (American citizen) would like to officially tie the knot next month in April. My questions are;
1. Is there any of Trump’s laws that will negatively affect us?
2. Will the marriage affect my asylum court case? Will the case be dropped or canceled?
3. How will my children all below 20 be affected? Will they be able to get a green card from my marriage?
Thank you so much Jason for all you do.
1 – That is impossible to say at this point, but there are currently no changes that I know about that would affect a marriage-based case for someone already in the US. 2 – The court case will continue. You can try to postpone the case to process the I-130 (your spouse’s petition for you) and if that is approved, and if you are eligible to get a GC inside the US, you can ask the court to terminate your case. 3 – This varies by age and I am not sure about the rule. However, your spouse (their step-parent) would need to file I-130 petitions for them as well. This is potentially a complicated situation and there is no guarantee that marrying a US citizen will result in your case being dismissed or will allow all your children to get green cards. Therefore, I strongly recommend that you get a lawyer to review the situation, see if you and the children are eligible to get GCs, and file the I-130 petitions as soon as possible. Take care, Jason
Jason,
I have a hypothetical question about denaturalization since there is a lot of talk about it. I am aware of the process of how the federal action is initiated, but my question is more about what happens next if the action is successful. There are some countries that do not allow dual citizenships, such as Singapore, China, India, etc. If any of their citizens acquire a citizenship of another country, then by law, they lose their citizenship. Technically, they are required to surrender their passport, but even if that’s not done, the loss of citizenship is by statute. So if the US de-naturalizes them, they are effectively rendered stateless. So where do they get deported to? Obviously, their old country will not give them a passport. I’m honestly just curious how this would work. As a lawyer, are you aware of any of such actual instances and how they actually panned out?
I do not know of an example where that happened, and so I do not know. I would guess if a person were de-naturalized, the person would need to get a travel permission from their home country, and failing that, they could not be deported, or perhaps they could be deported to a third country, if there were a place will to take them. Take care, Jason
Hello everyone.
If any receipient of WOR member of this blog, recently have reported to EOR for the yearly report, please share with on this blog your experience.
Myself I’m under WOR reporting every year as required for the past 14 years.
During T1 administration, I faced a lot of pressure from EOR to provide a valid passport from my country of origin, from where I have left 27 years ago.
My birth country have declared me stateless by withdrawing my citizenship. If I’ll step in any of the diplomatic mission Embassies of that country I feer persecution or death.
With T2 administration unprecedented immigration actions, I fear that on my next scheduled reporting day, I may be indefinitely detained and possibly deported to a country I never been to. Eaven worse, I’ll face imminent death do to my health and permanent disability condition. I’ll be dumped in a country with no ties to my language or culture, homeless and separated from my family.
Having a spouse and four children all US citizen is irrelevant for the T2 administration new policies.
So, going to the yearly report it will be equal to slow, extremely tortuous death. My body will probably be dismantled and cremated, my family will not have a grave were to light up a candle.
Is a reality I may have to face, despite all support from my family.
My grand parents have faced the german nazi ethnic discrimination during WW2 at the hand of an extremist populist regime of Adolf Hitler.
80 years later a different form of human extermination is emanating. Welcome to the future.
It is very sad that you even need to worry about this. Our country has really lost its way. First, I have not yet heard about any systematic effort to deport WOR people to third countries, so hopefully, you will be secure. Second, it may be worth looking at your options with a lawyer. If you have been here so long and you have US citizen relatives, maybe there is something you can try. Third, if you have evidence of your medical condition available, that could potentially be used to help prevent you being sent to a third country, and so if you keep that evidence available, you will have it if you need. Take care, Jason
I am currently applying for naturalization, and a few years ago, my SSN was compromised due to the Experian data breach. Someone fraudulently opened a credit card under my name and attempted to make purchases. I immediately reported the identity theft to the FTC, reported it to credit bureau and cleared the fraudulent account, and froze my credit. Since then, I have not experienced any further issues.
Now that I am applying for U.S. citizenship, I want to disclose this situation, but I noticed that the naturalization application (Form N-400) only asks about crimes committed by the applicant, not incidents that happened to them.
I’m unsure whether I need to mention this situation or where it would be appropriate to include it. Has anyone had a similar experience or any advice on how to handle this during the application process?
I do not see why you would need to mention this and I do not think it is relevant to the naturalization case. It sounds like you have documentation about the incident, so you can provide that if USCIS asks, but I do not think you need to include it. Nevertheless, double check the public charge questions to be sure none of them might ask for such info. Take care, Jason
Hi
I have a valid Travel Document and I’m considering traveling in April. However, a lawyer advised me not to travel before receiving my Green Card (I’ve been waiting for two years, and it’s still pending).
Is there any risk that I might not be allowed to re-enter, even though I have no issues or problems?
Has anyone recently traveled with just a Travel Document without a Green Card? If so, please share your experience.
Thanks
My R travel documents shows im Jordanian but Im a Palestinian who applied asylum from lebanon , I travelled before and came back fine before Trump’s administration
So im not from the ban countries
I think if your country is not on the travel ban list, you should be ok. However, this Administration seems to really hate Palestinians, and so I would just watch the news to see if you hear about anyone who is not from a listed country but who has trouble anyway. The ban will supposedly be announced soon, so hopefully, we will start to get some clarity about who is affected and how it affects them. Take care, Jason
If you have a valid travel document, you should have no problem re-entering. However, it sounds like there will be a travel ban for a number of countries, and if your country is on the list, you should not travel, as you may not be able to return even with a travel document. The travel ban will supposedly be announced in the next few days, and so you should have a better idea about how it affects you, and then you can decide about traveling. Take care, Jason
Hi Jason
I was referred to EOIR by USCIS AO after she accused me of material support when I was minor and didn’t know who they were and my action were as simple as giving glass of water.
In EOIR, I was approved and the government attorney didn’t appeal. I have no criminal or any records as clean as one can be. I already got my GC. Now with Rubio’s claims of national security, and detaining activist, do you think the risk is high for anyone who were accused of material support but granted later due to arbitarity interpretation of law?
You are safe bro. No need to worry.
I think the risk is very low. The odds of them revisiting your case seem extremely small, and what they did in the Columbia student’s case is a pretty rare event, given that the Secretary of State needs to be personally involved in the case and that seems unlikely unless you are a high profile person. Take care, Jason
On a bit lighter note, the White House twitter (X) account has started posting troll posts such as “Closing time. You don’t have to go home, but you can’t stay here”
https://x.com/whitehouse/status/1901658649522503816?s=46
They do seem to get pleasure from mocking other people’s pain. I am not sure that that will end well for anyone, immigrant or US citizen. Take care, Jason
Thank you Jason for your work!
A hypothetical question, is it possible somehow a judge to order an opportunity to apply for cancellation of removal without being in court for a pending asylum applicant where another option would have been available but there was a clear error from them and there is no other way to remedy their error and due the passing of time the applicant is eligible for cancellation but not in court, he got stuck in the decades because of their error and there is no way to get unstucked, he would have been able to be in immigration court and apply but he is not solely to their error.
Sorry, I do not understand the question. In general, once the Notice to Appear (NTA) in court is issued, the clock stops for purposes of calculating the 10 year period. Maybe there could be an exception to that rule and you might want to talk to a lawyer about that to see if it is possible. Take care, Jason
Hi
How can I know if I am banned from entering the U.S., even if I have a valid Travel Document?
Due to an arrest, a case, or any other issue, is there any FBI check I can do or any immigration check I can request before I travel?
You can talk to a lawyer to review your arrest record and see whether a particular conviction or other issue makes you deportable. Otherwise, if you have a valid travel document, you should be able to re-enter the US, as long as you are not subject to a travel ban. At this point, a ban seems to be coming, but we do not know exactly who it will affect. Once it is implemented, we will get an idea and then you should be able to tell whether it is safe to travel. Take care, Jason
Which attorney? Immigration or my Criminal Defense Attorney ?
Thanks alot
Ideally, an immigration attorney who has experience with criminal issues and how they impact immigration status. Take care, Jason
Hello Jason,
Thank you for your efforts. I have been following you since I submitted my asylum case in 2017. I have a question which is not related to the topic above, but maybe you can point me to the right article. In brief: I applied for asylum in 2017, got notice of removal after my interview in 2018, then married an American citizen 5 months later, and got my 10 year Green Card in 2021 from the court. Four months after this my wife filed for divorce, which was finalized in 2022. I am now remarried to an American citizen since 8/2024. During the last 4 years I visited my home country twice. Each time for around 14 days. I have also taken 4 other international vacations during this time. I booked another trip back to my country in May for another 2 weeks. I have no criminal records or even traffic violations. I know there is no guarantee, but do you think I am risking my situation or my potential citizenship by going on this trip?
First, you have to pay attention to any travel ban, to see whether it impacts you. Otherwise, I think there is some risk in returning to the home country, as you previously had an asylum case from there. You should be prepared to explain why you returned and how you stayed safe. I wrote more about this on January 6, 2016. In general, unless the trip causes the US government to conclude that your original asylum case was fake, you should be ok. However, the Trump Administration is doing everything possible to target non-citizens, and so this could be a way to target you. If you want to be safer, maybe you can meet your family in a third country, at least until we have a better sense of whether the Administration is targeting people who return to the home country after filing an asylum case. Take care, Jason
Hi Jason,
Hopefully, this will be the last question before my interview.
I-485 form, 2023, Have you ever been arrested, cited, or detained for any reason by any law enforcement official?
I checked, NO. My reason was I have never been arrested here in the USA. My political arrest back home did not produce any document of arrest to present. I did file my asylum case back in 2016. But this is the I-485 form that I submitted, and I have a marriage-based interview next week. I have contacted people who are approved with No as the answer despite we have the same situation. I get a mixed response. Here I am again, waiting for your reply which I always follow. My fear is if i say yes, and i don’t have any supporting documents to present now
Thanks
Blessed day.
Maybe you can argue that “no” is the correct answer because it was an unlawful arrest, but whether you say yes or no, I think you need to circle the question, write “see cover letter,” and provide an explanation in the cover letter (that you were subject to an unlawful political arrest in your country and that was the basis for your asylum case). As long as you reveal the arrest and USCIS does not think you are trying to hide the arrest, you should be ok. Take care, Jason
Hi Jason,
With the uncertainty surrounding the upcoming travel ban and the lack of clarity on whether green card holders will be included, I wanted to reach out for guidance. As a green card holder based on an approved asylum from a tier1 country of the countries likely to be affected—I have some concerns about my travel situation.
Since June 2024, I have had a pending RTD application and have been traveling almost monthly between the U.S. and Mexico for my studies. I use my home-country passport, green card, and temporary Mexican student residency for travel. This arrangement will continue until June 2026, when I am expected to complete my studies.
Given this, I have the following questions:
1. My rights: If I am stopped by DHS upon re-entering the U.S., what are my rights? My primary ties are in the U.S., and my stay in Mexico is temporary for educational purposes, with my studies funded through federal student loans. Can I request a lawyer? Should I avoid signing any documents, as I’ve heard DHS may present paperwork for travelers to sign?
2. Process: What is the expected DHS process when they stop/detain travelers in both CBX and airports (LAX). Do they detain people in a room? Do they send them to court? Will detainees have access to their phones during the process? Can they take my green card, regardless if they decide to deport or not?
2. Re-entry Permit vs. RTD: Can I apply for a re-entry permit while my RTD application is still pending? If so, would this be advisable? Would having both an RTD and a re-entry permit offer any advantages? Are Re-entry applications processed faster?
3. Is crossing the border using San Diego CBX bridge better or booking a flight to LAX considered safer?
4. Travel Documents: When traveling back and forth, I carry copies of the following:
• RTD application receipt
• My home-country passport (original and copy)
• My green card (original and copy)
• My Mexican temporary residency card (original and copy)
• A copy of my RTD application, which includes my explanation to DHS regarding the renewal of my home-country passport.
• Federal loan documents and University acceptance letter showing the expected time frame of my study.
Are there any additional documents you recommend I carry?
Looking forward to your advice and thank you very much in advance for all the guidance
I wanted to add that I am not originally Mexican.
Hi Mea, can you tell me please about your travel on Gc+COP passport. Any problems? Any questions from CBP when you enter the country? I have an RTD, but a lot of countries DO NOT accept it or you need cisa which makes 0 sense since its valid for 12m and it takes 14 to get it…
Thank you !
Hi,
I am using my COP passport to re-enter the US along with the GC as I have to. I took the risk as I was in a situation of taking the chance or losing it. However, the situation was easier and taking the decision to risk was easier.. I have not had any issues entering the US. In some instances, they asked for my passport and I provided the CBP with my COP passport. Nothing happened and everything was easy going. In the vast majority of cases, the GC alone was enough to re-enter. Hopefully that helps. Thanks
That is good to hear, but going forward, pay attention to the news in case there is a travel ban, so you know if you might be affected. Take care, Jason
1 – As a person with asylum and a valid travel document, you would be able to return if there was no travel ban. However, we do not know what the travel ban will look like, and we do not know how it will be enforced. Also, people arriving from overseas have less rights than people who are already here. That said, I have no idea how things will be when you try to return, and I would recommend that you are in the US prior to the ban. Once you know how it is being enforced, you can make a decision about whether you want to leave and try to return again. I would not have much confidence in easily returning here even with an RTD once the ban goes into effect. The Administration has shown that they do not care about the law, and if they want to exclude you, they will. Finding a lawyer to fight that case will be expensive and potentially difficult, and they are counting on people being unwilling or unable to fight. For this reason, I recommend to anyone potentially affected by the ban that they stay in the US until we have more information about how it is being enforced. 2 – Again, we do not know. 2 – I do not know that it will make any difference whether you have an RTD or a Re-Entry Permit. You should be able to enter on either, but if there is a ban, we do not know how it will look. 3 – I do not see why that would help, but I have no idea. 4 – I guess you can also have your asylum or refugee approval documents, but I do not think any of this will matter. At this point, we have no idea how the ban will look or who will be affected, or whether it will be challenged in court. I think you have to make a decision in a very uncertain situation. If you are outside the US when the ban goes into effect, it is possible that you will not be able to return. Probably, people with a GC will (eventually) be able to return, but we do not know for sure, and so you have to decide whether you want to take that risk. For me, I would be inside the US until the ban goes into effect, and I know more about how it is working, and then I would make a decision about travel at that time. This is incredibly unfortunate, unfair, and needlessly cruel, but that is where we are. Take care, Jason
Hello sir, i applied asylum after 5 years in usa after b1/2 overstay. Im subject to one year deadline. Im waiting for interview with uscis have work permit and drive truck all over usa. I applied exception due to stress for one year in my filing. So i cross lot of border patrol checkpoints. I heard idk if true rumors cbp are detaining truckers with ead and conducting credible fear interviews. As a visa overstayer and 1 year filing deadline am i subject to cfi or its just who come from border subject to cfi. Have u heard of someone who applied asylum with asylum office getting cfi ?
I have not heard about that, but my understanding is that if you have been in the US for more than 2 years, you would not be subject to expedited removal proceedings, and so you may want to keep evidence available to show you have been in the US for more than 2 years. The work permit alone may do that, but you can also have an old work permit, tax or employment documents, school documents, etc. to show you have been in the US. You can probably just keep copies of these documents on your phone or in your email, so you can access them if needed. Take care, Jason
Hi Jason, what are your thoughts about Alien enemies act, does it apply to people with pending asylum cases from Venezuela?
P.s. I’m not Venezuelan but can this act be implemented to any immigrant from any country in future(Russia for example), Trump’s order says anyone older than 14 and is not a citizen or legal resident, what about people with pending cases, asylum, court hearings etc.
It is a sham, like many other policies of this Administration. They pretend that there is an invasion and then use that as an excuse to harm the alleged invaders. Unfortunately, their strategy works in many areas besides immigration – they pretend that federal workers are doing nothing and then use that as a basis to fire them and insult them; they pretend that Ukraine started the war against Russia and use that as an excuse to harm Ukraine. It goes on and on. However, we have to react to what they do, and although the Alien Enemies Act seems to be currently blocked by a court, it is unclear whether that will continue. I think you need to keep your eye on this to see how it affects you, and how it will interact with the asylum law and the UN Convention Against Torture, which as far as I can tell, are not negated by the Alien Enemies Act. Take care, Jason
Hi Jason, could you share your thoughts on whether it’s safe to travel with an RTD right now? Thank you!
People who are not us citizens, in my opinion, should not travel overseas…
Are you still the same guy redneck from KY or TN? Who the heck are you to tell someone travel or not? Mind your own business dude i traveled with green card and RTD and many times only RTD and never had any issues you just a piece of crap ! We are in a country of laws and anyone has green card or RTD can travel freely and come back with no problem hmmm cause you are a white broke American dude who can’t afford traveling makes you feel sh!t that doesn’t mean that you have to spread negativity.
I think at this point, it seems a travel ban will go into effect soon. I think it is a bad idea to travel or be outside the US until we know what the ban does and what countries are affected. I think any non-citizen who has status or a visa to the US should return here immediately if they can; otherwise, they could be blocked from returning when the ban goes into effect. The problem now is that we do not know what the ban will look like or who will be affected, and until we know that, the safest course is to be inside the US. Take care, Jason
Hello sir, I have a refugee travel document (no green card yet), my country of origin will likely be under the new travel ban. If i travel for tourism using my refugee travel document, could the ban affect me when i try to return? My nationality is written on the bio page of my refugee travel document. Thank you
I think the ban could affect you and I think it is safest to not travel until the ban goes into effect and you see what it does. If you travel now, and then the ban goes into effect, you might be stuck outside the US and unable to return. Take care, Jason
Hi Jason! I just applied for my GC after 6 months being granted asylum. I sent my form without the medical exam, as I heard i should wait until they ask about it, however, someone just told me that I did wrong and I should have sent it along with the form because USCIS changed the rules. If that’s true, is there a way to send it now?
Yes, my understanding is that the rules have changed and that you are required to send the medical exam with the I-485. I am not sure the best approach now that you’ve sent the application. My fear is that they will deny it and you will lose your money. One option – if you paid by person check – is to try to cancel the check so that it does not work. Then, USCIS should reject the whole packet and send it back to you, and you can re-apply and include the medical exam. Another option is to wait to see whether USCIS rejects or denies the application, or sends you a request for the medical exam. I do not know what they will do, but if you choose this option, it is possible that they will deny the application and you will lose the filing fee. Maybe you want to talk to a lawyer to see if they have other suggestions. Take care, Jason
They sent me the receipt notice with a zero balance remaining, and another mail says that they applied the old fingerprint to my case, and now the status of the case says the fingerprint has been taken.
Does that mean they accepted the filling and will send me later asking for the medical exam? Or sending me those mails mean nothing and after a few months they will reject my application? I don’t care about the fee, i care more about losing the time.
It sounds like they accepted it, and hopefully that is the case. In the past, USCIS would just send a request for evidence asking for the exam. Supposedly, that is not the procedure any more, but maybe they will ask anyway. I guess if you do not care about the money, you could do the exam and try to send it to them before they request it. Maybe that would help avoid any future problems and the worst case doing that is that you would have to do re-do the exam and pay the doctor a second time (though usually, they can just use the same results and so the cost of re-doing the exam should be less than doing it the first time). Take care, Jason
Jason, this is an article from Bloomberg that Rubio has classified Immigration as foreign affairs function so no public notices. What do you think the implications are for visas, asylum, green card or naturalization?
https://news.bloomberglaw.com/daily-labor-report/rubio-declares-immigration-regulations-exempt-from-public-notice
I think it is dangerous as it gives a lot of power to the Executive Branch to exclude people or deport people, based essentially on whatever the Secretary of State says. Also, the public notice period is important for rule making in a democracy, as the public has a right to know when the rules are changing and they should have input not that process. Unfortunately, this Administration has little regard for democratic norms, and so we will have to see if this plan is blocked by a court. Given that the Supreme Court is very deferential to the Executive Branch in the area of immigration, I am not optimistic, but we will see what happens. Take care, Jason
Hi Jason, I hope you are doing well, out of curiosity, have you read this news by chance ” https://www.nytimes.com/2025/03/14/us/politics/trump-travel-ban.html”
This paragraph is so frustrating:
“It is also not clear whether people with existing visas would be exempted from the ban, or if their visas would be canceled. Nor is it clear whether the administration intends to exempt existing green card holders, who are already approved for lawful permanent residency.”
Are they able to confiscate GC’s from people of Red List countries?
We will have to see what the ban looks like, but I do not see how they can take away GCs from people who have them without going through an Immigration Judge. During the last travel ban, after some initial confusion, GC people were not affected. We will have to see what the ban looks like and how it is altered by any legal challenges. For now, though, since we do not know and since it supposedly coming soon, it would be safest for any non-citizen who wants to come to the US to get here before the ban goes into effect, and that includes GC people, asylees, and anyone else who might be affected. Once we know more, such people will hopefully be able to travel and return normally, but we will have to wait and see. Take care, Jason
Hi Jason
I went from asylum > GC > citizenship. My citizenship was back to 2017. I have never travelled to home country before. Now, I need to visit for a close relatives wedding. Usually this shouldn’t be an issue but now everything is a new normal. Do you think there is any risk? Especially with the talk about denat and Alien enemies act.
I think the risk is pretty low. To have a problem, the US government would need to conclude based on this trip that your asylum was fake, and then they would have to take action in federal court to start the difficult process of denaturalizing you. Is it impossible? I guess not, but it is incredibly unlikely. Just in case, I guess you should be able to explain why you returned home and how you stayed safe, in the unlikely event you are asked. I wrote a post that is relevant to this on January 6, 2016 if you want to read more. Take care, Jason
Hi Jason
I an on 2 year green card by marriage. Before the marriage i had a pending asylum that i closed because of my marriage based paperwork.
I wish to travel to my country i mentioned in my asylum (that i was fearing for my life from), will that be a problem? , especially returning to the US?
Thanks
The fact that you got a GC based on marriage does not erase the fact that you previously had an asylum case. While you probably will not be asked about this, it is possible, and if the visit causes the US government to conclude that your original asylum case was fake, they could try to take away your status now. Again, I think this is unlikely, but you should be prepared to explain why you returned to your country and how you stayed safe. If you can explain, hopefully, it will avoid a bigger problem. Also, of course, it would be better to not go to the country until you are a US citizen, but for many people, it is not possible to wait. I wrote more about traveling to the home country on January 6, 2016 and maybe that would be helpful. Take care, Jason
Does anyone know if DMV honors I-94 “asylum granted” form for the real ID? I have “clean” unrestricted social, driver’s license (no star), and expired EAD (applied for renewal, but didn’t receive the I-797 notice yet).
Appointment is next Thursday, I doubt the renewal notice will arrive by then. Thank you!
Yes, but depends on the state it can be easy or not. I would advise to ask for a supervisor
I do not know, but if you have asylum granted, you should be eligible for a REAL ID license, and so even if they won’t issue it next week, maybe you can ask about what is needed so you can return once you have the EAD. Take care, Jason
I live in Vegas. I got my Real Id with no problem based off of the new “Asylum Granted” status on my I-94.
Hey Jason, can I apply for DV lottery while my asylum case is pending?
Yes, but whether you can get the GC if you win is another matter. It is free to apply for the DV Lottery, so there is no reason not to try. I wrote more about this on October 5, 2015. Take care, Jason
Hi Jason,
I have filled FOIA with Department of State to get my VISA RECORDS, but apparently that requires FOIA and Privacy act.
I am an asylee with asylum status, but for privacy act release you need to be a citizen of the United States, or an alien lawfully admitted for permanent residence.
I’m not a citizen, but the second part is it about Green Card Holders or anyone who is legally in the US?
I have not done that before and so I do not know. It doesn’t really make sense, as asylum seekers and others without permanent status are able to do FOIAs in other contexts. Maybe you want to talk to a lawyer about this to see if they can assist. Take care, Jason
Hi- when I was preparing my naturalization application, I requested all relevant documents, including U.S. visa applications, through the FOIA. As a permanent resident at the time, I was able to obtain everything I requested, including the visa applications.
This was in 2022, so I’m not sure if the process has changed since then.
Hey Jamie! My problem is that im not GC holder yet and for privacy act FOIA you need to be a GC or citizen which is absolutely dumb…
Hello Jason,
I am a GC holder by apporved asylum. I am supposed to apply for citizenship in about a month. I moved to a different state in July 2024 and a filled an online Change of address application in October 2024 through my online USCIS account but the status of the request just says submitted until today. I called USCIS and they said an agent will look into it. Do you think I should make a second a change of address application? DO you think this issue can be a problem when I apply for citizenship?
Thanks
I think you should just keep proof (such as a screen shot) that you filed the change of address. That way, in case you are asked (which is unlikely), you can demonstrate that you filed it and that should be fine. Take care, Jason