By now, you’ve probably heard that the Trump Administration is not a fan of immigrants. They have been making changes to detain and deport more non-citizens, more quickly, and with fewer due process protections. To that end, the Administration is pressuring Asylum Officers and Immigration Judges to adjudicate more cases. These civil servants are already stretched thin, and so the additional work is likely to reduce decision quality, as well as damage morale. It will also make litigating cases more difficult for asylum seekers and other non-citizens, as they will have less time to present their cases, and–most probably–less time to prepare.
Let’s start with the Asylum Office. In my local office (Virginia), Asylum Officers had been expected to complete four to six cases per week. That may not sound like a lot, but given all the required questions and bureaucratic nonsense involved in completing a case, plus training and other obligations, it was actually a fairly reasonable amount of work.
Starting last month, however, the office began an “experiment” to see whether Asylum Officers (AOs) could complete eight cases per week, which is apparently the national standard. That’s two or three cases per day, plus a day or two to perform security background checks, write up decisions, and take care of other administrative tasks. Since interviews alone can easily take three or four (or eight) hours, completing so many cases per week is a tall order.
The inevitable result of being forced to complete more cases is that the quality of decisions will go down, and mistakes will go up. Also, AOs will burn out more quickly.
If the Administration cared about asylum seekers, fairness or federal employees, there are reforms that could improve efficiency at the Asylum Offices and protect due process of law. Unfortunately, there is little reason to believe the Administration will implement changes with an eye towards fairness. Instead, I’ll bet that AOs will be overworked and–since it is easier to deny than to grant–this will lead to more negative decisions.
A similar story is playing out in Immigration Court, where management is directing that Immigration Judges (IJs) increase their output from two Individual Hearings per day to three. To do that, IJs are being ordered to allow only one hour for the non-citizen to present their case, 30 minutes for DHS (the prosecutor) to question the applicant, and another 30 minutes for both follow-up questions from the immigrant’s attorney and the IJ’s oral decision. In other words, in order to complete three cases in one day, each hearing would need to be completed start-to-finish in two hours.
Again, there are common sense reforms that could be put into place to allow this to happen. Most helpful, in my opinion, would be to increase resources for DHS, so they could review cases in advance, contact the non-citizen’s lawyer, and narrow the issues to be discussed at trial. Also, most Master Calendar Hearings could be completed by a member of the court staff, rather than an IJ, which would free up additional time for judges to do substantive work.
Unfortunately, there is little reason to believe the Trump Administration is interested in common sense reform. Instead, we can expect that shorter hearings will result in more unfair decisions, as asylum seekers and others will have insufficient time to present their cases. Indeed, in a typical court case, by the time we actually get started, swear-in the interpreter, review exhibits, and discuss how the case will proceed, we’ve already used up half an hour. And so the idea that the average contested case could be properly litigated in two hours seems impossible.
Also, the two-hour directive bumps up against the law, which states that an “alien shall have a reasonable opportunity… to present evidence on the alien’s own behalf.” Perhaps this is an appealable issue, and so–if you have insufficient time to present your asylum claim–it would be important to make that clear to the IJ, so that you can appeal to the Board of Immigration Appeals or a federal court if need be.
A final worry about truncated court hearings is that the extra time will be used to reschedule and advance cases with insufficient notice (as occurred with ill effects during the Biden Administration). When this happens, it is much more difficult to prepare for a hearing or manage a busy schedule. The result is that non-citizens will be unable to present their strongest case to the IJ.
The new hurry-up approach at the Immigration Courts and the Asylum Offices is likely intended to result in more and faster denials, as non-citizens are caught unaware and their attorneys are overwhelmed. I hope that Asylum Officers and IJs will push back and help to preserve due process for asylum seekers and other non-citizens. Those public servants are a first line of defense against the degradation of the rule of law, which–if left unchecked–will ultimately endanger us all.
After a thread on Reddit, many people told me that Jason Dzubow is the person who can help me. Thank you in advance, sir, and may God bless you.
I was granted asylum after being detained for over six months in a detention center. I crossed the border with my wife (who was pregnant at the time) using the CBP One application and was arrested and separated at the border. After almost 7 months ( credible fear interview in detention with no sleep for 2-3 days, working on my evidence and case under the blanket while 60 people going crazy in the pod day after day without any lawyer etc ) I had a individual hearing and after being granted an asylum I was released in March of last year.
Our cases with my wife were separated, and she is still going through court proceedings, even though I mentioned her in my I-589 application. Since our cases went through different jurisdictions (one while in detention and the other while free), we couldn’t do much except file an I-730 petition, which we have been waiting on for over six months. She was allowed in on parole with status DT on her I-94 until September this year. What happens next I don’t know .. since I-730 might take a couple of years. I also need to apply for a green card since I have been in the U.S. for over a year, but I’m unsure of what to do.
My questions are:
What are my wife’s options for obtaining legal status and an Employment Authorization Document (EAD)? She currently has nothing but her passport, which we sent to the IRS for an ITIN. ( Still waiting )
He parole time on I-94 ends in September 25′.
Should I even bother applying for a green card, paying the fees, etc., considering that USCIS has announced it is “placing a temporary pause” on finalizing certain applications for permanent residency or green cards? My country is in “orange” bracket.
First, if your wife is still in court, you would do well to find a lawyer. It sounds like you filed an I-730 for her, and based on the pending I-730, you can ask the judge to postpone her case. Also, assuming she has a fear of return, she should file her own asylum case. This gives her some protection and is also a way to get a work permit (though she has to wait 150 days after filing before she can apply for the work permit). She may be eligible to get a work permit now based on the parole, and you can ask a lawyer to look at her documents to check that. In terms of your GC, in my opinion at least, you should apply if you are ready and want a GC. We don’t know much about the temporary pause – whether all asylee and refugee applicants are affected, if it only affects “banned” country people, how long the pause will be, or much else, and so I think people who want to apply should apply. You can also wait to try to get more info about the pause to see what is the effect. Take care, Jason
Hi Jason,
Is it advisable to do Foia for getting history of file movement? My asylum case was sent to HQ but was later on approved. Do you think it may backfire as this information is not of any specific use now but want it just for my own satisfaction?
There is no harm in doing a FOIA and it is probably worth seeing your file. You may not get everything (they often redact the best parts of the file), but maybe you will get some info about why the case went to HQ, and maybe this will be good to know when you file for a green card or citizenship. Take care, Jason
Hi Jason! Just want to hear your opinion, I have asylum based greencard for almost 2 years, and valid Refugee Travel Document, (COP is Russia) I have to travel for work to Italy in a few months, do you think it’s safe for me to travel with all the recent changes, I’m afraid they won’t let me back in to US since I’m from Russia
A travel ban is supposedly coming soon, and if Russia is listed as a banned country, that could affect your ability to return here. You may want to wait until the ban is announced so you know whether you are affected (you should know well in advance of your trip, if you are not leaving for a few months). It is certainly better to know this before you leave the US than risking potentially being stuck outside the US when it goes into effect. As far as I have heard so far, Russia will not be on the banned list, but it is best to check once it goes into effect so you will know for sure. Other than that, as long as you have a valid GC and RTD, you should be fine. Take care, Jason
Hi Jason,
I’m a long time reader of this valuable resource. First time commenting.
I’m in the process of applying for asylum based green card, I’m not sure whether to answer “Yes” or “No” to Question #22 – Part 9 on Form I-485 (“Have you EVER been arrested, cited, or detained…”). The incidents below are what apply to me in relation to this question, and plan to include those in the additional info section:
1 – Questioned by police in my home country for political views. Came voluntarily to the police station. Was detained and questioned for few hours. (No formal charge or any criminal matters whatsoever)
2 – Cited for failure to yield in NYC when I first moved to the US in 2018, there was a traffic court hearing scheduled but received mail later informing me case was dismissed, likely because the officer could not attend.
3 – Also, received few alternate side parking tickets and one paid camera-issued bus lane ticket. All paid.
Would appreciate your guidance if I should answer “Yes” or “No”
Thanks.
I don’t think any of these constitutes an arrest, and so based on this, if it were me, I would say “no,” but I would circle the question, write “see cover letter,” and provide an explanation in the cover letter, or if you are filing online, add this info to the supplement page. For #1, presumably you mentioned this in your asylum case, and if so, I would note that you mentioned this incident before, but it was not a lawful arrest, and was due to political reasons. As long as USCIS does not think you are trying to hide anything, you should be fine. Do note that there is supposedly a “pause” on I-485 forms filed by asylees, and so you may face additional delay in the process, as we do not know much about this pause – how long it will last, whether it affects all applicants, etc. Take care, Jason
My wife was accused of shoplifting and was arrested. She was then given a court date, but before the arraignment, we hired a lawyer who got the case dismissed prior to the arraignment. The lawyer assured us that nothing would appear on her record.
After this incident, we applied for a court record check and a Refugee Travel Document (RTD). She was asked to do biometrics again specifically for the travel document. It was issued without any problems. She has also worked for two companies since then, and nothing appeared on her background check.
She has asylum status, and I am the principal applicant in our asylum case. We submitted our asylum application before the court incident, so we did not mention any arrest in the application. However, even after a year and a half since the incident, USCIS has not sent a Request for Evidence (RFI) regarding the arrest—only for the medical examination.
Now, she is planning to travel, and her RTD is valid until March 2026. Will she face any issues when returning?
And if something happens at the airport, what is the worst-case scenario? Could she be arrested, deported, or sent to court, especially under a Trump administration? She really needs to travel to see her mother.
Thanks
It sounds like she has filed the I-485. USCIS will not know about the arrest and will not send an RFE. She needs to tell them. Otherwise, it could create a problem. She can submit a letter by mail with a copy of the “disposition” (final outcome) of the criminal case. She can also file that on her USCIS portal if she has one. A dismissed case does not block a person from getting the GC, but if USCIS thinks she is hiding the arrest, that could have a negative effect. Talk to a lawyer if you are not sure, but I think this is important – even if she gets her GC, it could cause problems for her citizenship later on. As for the airport, I doubt she will have any trouble as long as the RTD is valid. I guess in the worst case, they could try to send her to immigration court to take away her status, but I see no basis for that at this point and I don’t think she should have a problem. Take care, Jason
with all this information going on Jason would you advise people who are graanted asylum to apply for adjustment of status? Its crazy. a lot of information out there…the fear is real.
Now there is supposedly a “pause” on adjustment for asylees and refugees, though it is not clear yet what exactly that means. I might wait for some clarity about that, but otherwise, unless there is some problem with your case (such as a criminal issue), I would still advise people to apply for the Green Card if they want to do that. USCIS is still functioning, and so hopefully, such cases will move along. Take care, Jason
Hi Jason,
I was on F2 status, and I applied for asylum. while pending I got asylum pending EAD and worked for some years. I later adjusted my status through my wife’s employment, although several lawyers said that as I had used Asylum EAD, I was out of status, which my lawyer did not believe. I later withdrew my asylum case as it was taking forever. I have never traveled outside the US. I can now apply for naturalization. Is it possible that during the naturalization process, I might encounter issues that I had previously violated my F2, so my adjustment of status was not valid in the first place? or it is not an issue?
I do not know whether the rules about unauthorized employment are all that clear, and any employment you had while you had the asylum-pending EAD was not unauthorized. Whether that violated your F-2 status, I am not sure, but if you revealed everything in your prior applications, I doubt it will be an issue. For a citizenship case, USCIS often does look closely at past history, so you might want to have a lawyer review your case to be certain, but based on what you are saying here, I am guess you will probably be ok. Take care, Jason
JUST IN – Appeals court allows Trump administration to suspend approval of new refugees amid lawsuit halting admissions program — AP
https://apnews.com/article/refugee-program-trump-administration-appeals-court-a6188722de3e3e1d2f344862b853d0c7
https://www.cbsnews.com/news/green-card-applications-trump-administration/
Trump administration pauses some green card applications as part of aggressive vetting effort
U.S. Citizenship and Immigration Services, or USCIS, recently directed officials to suspend processing of requests for legal permanent residency submitted by immigrants granted refugee or asylum status, according to the sources, who requested anonymity to discuss an action that has not been publicly reported.
The move will, for the time being, place in legal limbo immigrants who were granted refuge in the U.S. because they proved they could be persecuted in their home countries.
omggggg now the GC for asylees will take years and years to get approved that’s so brutal !!! unbelievable decision by this administration
This policy does not exist in immigration policy register yet, so it’s not effective or valid. We will have to see if that will become a policy or not before taking any possible actions.
Wtf fear you talking about when USCIS officials published it to the public and who told you it’s gonna be a policy? If USCIS wanna delay anyone they don’t need policies for that! They can do what they want and not every applicant can afford $5k to sue then so they would just wait for years and years like Trump first presidency!!!you dumb
You need to cite official source before calling out others dumb, citing news media outside of federal agency releases does not count at all, learn to cope.
I think this policy is in effect. Whether it will remain in effect, or how much delay it actually causes, we do not yet know. Take care, Jason
We will have to see – this “pause” may be for a short time (doubtful) or it may be blocked by a court (more likely). We will have to see, but certainly, it is yet another senseless attack on non-citizens. Take care, Jason
I didn’t seen many immigration advocates donate money to Kamala Harris…
So, I don’t think these people have any right to complain…if they didn’t do all they can to stop Trump.
How would you possibly see immigration advocates working for Harris? Maybe lots of them were. I have no idea what you would see or how you would know this. Take care, Jason
https://www.opensecrets.org/donor-lookup/
Donating money is one of the easiest ways to support a candidate.
If a person cannot even bring him- or herself to donate a little money to Kamala Harris, I don’t think that person is capable of more…time- or resource-demanding support…
When I check this donor lookup website. I type in immigration advocates’ names. I see none.
Electing a democratic president/congress, has bigger positive impact to the asylum community then winning individual asylum cases, one by one…just my 2 cents.
Hello Jason,
In your article dated 1/26/2022 ( I am a dependent in an asylum case), you mentioned
“Being a dependent on an asylum case is considered lawful status. But once the dependent relationship ends, the lawful status ends, and you no longer qualify for an exception to the one-year rule.”
Does this mean that my wife can file her own separate asylum case even after one year of arrival in the U.S., as long as she remains a dependent on my case and we continue to live together happily? Thank you.
It may have been more clear if I had written: Being in dependent asylum pending status is an exception to the one year asylum filing rule, and so if you are a dependent, you can file for asylum and remain eligible even if you have been in the US for more than one year (however this may not work if you were in the US for more than a year at the time the principal filed for asylum). It sounds like your wife could file her own I-589 in this situation and not be barred by the one-year filing rule, but you may want to have a lawyer look at the specific situation to know for certain. Take care, Jason
Hello Jason,
Thanks for your blog. I have a question regarding EAD extension based on pending asylum. I just got my renewal approved, so just wondering how long would be the validity. My last one was 2 years and it’s expired this year. I heard some people saying they are extending by 5 years. Is it still happening in 2025?
Has anyone here received EAD extension recently? If so, can you please share your validity?
Thanks again,
My friend received 5 years EAD couple weeks ago.
I haven’t heard of any USCIS policy change regarding this.
5 years for all asylum seeker applicant that wait for interview.
If you renew an EAD based on asylum pending, you should get a 5-year EAD card. Assuming you file for the new EAD while the old card is still valid, the receipt extends the old card by 540 days. Take care, Jason
Hello,
What is needed to bring a child adopted through the family process to the US? Is there a legal mean to bring him to the US while his case is pending with USCIS?
Is there legal mean to bring along the person who is taking care of him for smooth transition, especially if the new parent travels a lot for work?
If the child s legally adopted before 16 years old, I think you can bring the child with an I-130 petition, but you would need to talk to a lawyer who does such cases to know whether that will work and what exactly needs to be done. I know no way to bring the caretaker to the US except in the same way that anyone else would come here (B visa would be the most common). Again, I would talk to a lawyer who does international adoptions to see your options. Take care, Jason
https://www.whitehouse.gov/presidential-actions/2025/03/preventing-abuses-of-the-legal-system-and-the-federal-court/
Good day Jason,
Would you please shed some light on what the latest presidential memorandum means to asylum seekers? Does it imply that it will be significantly harder to win asylum in interviews or in immigration courts? Does it mean that attorneys or law firms are now threatened or suppressed from representing asylum cases in the process?
Did you read it?
Literally the first sentence “ Lawyers and law firms that engage in actions…” …this topic is about lawyers who are suing the government….
There is actually a whole section on immigration lawyers. I plan to post something about this soon – hopefully tomorrow. Take care, Jason
The paragraphs you posted from the White House are nothing more than rambling attempts to appear grounded in truth and legal principles. In reality, it’s balderdash at its finest—clearly designed to intimidate attorneys and discourage them from representing their clients vigorously and effectively, whether pro bono or paid. The goal is transparent: to reduce access to legal representation for asylum seekers, thereby increasing denial rates.
Exactly. Whether it will work, we shall see. Take care, Jason
I plan to post about this soon (so check back), but it is designed to intimidate lawyers and make it more difficult/expensive for asylum seekers and others to get the legal help they need. Take care, Jason
Thank you so much Jason,
I am a green card holder (asylum-based) and was admitted to the U.S. in 2014. My wife and son came here through the I-730 process and received their green cards in 2024. Given the recent executive order by President Trump, which mandates a review of individuals admitted after January 20, 2021, I am concerned about how this may affect our immigration status.
Since I am from Syria—a country now listed in the red category under the new travel ban—do you believe my green card (issued in 2022) and my wife and son’s green cards (issued in 2024) could be at risk? Additionally, could you clarify the scope of the executive order? Specifically:
1. Does “admitted” refer to those who entered the U.S. after January 20, 2021, or does it also apply to individuals who obtained their green cards after that date?
2. Does this review mean that asylum cases will be reopened for those affected?
Thank you so much for everything you do for us.
As far as I know, the travel ban is still not in effect and so we do not know what exactly the effect will be. I think it will likely not affect green card holders who are in the US. Whether USCIS will somehow go back and review cases that were already approved, I do not know. I have not heard about that, and it seems like that would be a lot of work for USCIS with little real effect. I suppose if that is a possibility, the best thing to do is make sure you have a copy of your entire case – you can get that by filing a Freedom of Informaition Act with USCIS or the immigration court, if your case was decided by a court. There are links to do that under Resources: FOIA USCIS and FOIA EOIR. Take care, Jason
Hi Jason,
My case is in immigration court pending IH. I filed i130 in dec 23 cos i married a usc , however I didnt send any notice to the judge that I filed i130 because i put in the paperwork myself. My i130 application still pending since jan 24 when i received receipt acknowledgement. Could the delay in processing be caused due to judge not aware of the i130, pls advise on how to proceed with this?
The I-130 is processed by USCIS and whether the Immigration Judge is aware of that form or not should have no effect on the processing time. However, depending on when your next court case is, you may want to inform the judge and try to delay your court case so USCIS has more time to process the I-130. Once that is approved, you would normally try to dismiss the case, assuming you are eligible to “adjust status” (get your green card inside the US). This process is not always easy, and you would do well to talk to a lawyer to make sure you are eligible and to see if anything can be done to help move along the I-130 petition. Take care, Jason
Hi Jason
Question:
I am filing for removal of conditions on my GC by myself. I have proof of financial abuse by my partner:fraudulently attempting to deposit checks into our bank and then the bank noticed and closed the accounts. Also he, owes in taxes for a few years back and has been receiving letters from irs but he never showed me. He has notice to appear in court for driving with a suspended license that i did not know of until recently. He put me down for loans without my knowledge…….endless list. All this happened during our two years of marriage.
1. Can i submit these documents as proof of why we are divorced and argue on these reasons why our marriage was irretrievably broken down.
2. Can i submit form I-751 online?
3. From your experience, are passport size photos submitted online too?
Thank you
I would recommend you talk to a lawyer about this, as filing an I-751 by yourself can be tricky. Assuming you are legally divorced, the main question is whether the marriage was true at the time you got married, and you need strong evidence for that. How or why the marriage ended is less relevant. If you are not yet legally divorced, there is a different and more difficult legal standard and you would definitely want to talk to a lawyer in that case. As far as I know, you cannot submit an I-751 online and have to send it by mail. Take care, Jason
My friend got an asylum interview scheduled in NYC at Varick St.
Jason, do you know if USCIS is adding new offices for asylum interviews?
I was under the impression that USCIS conducts asylum interviews in Newark & Bethpage for tristate area.
Is he in court??
Varick street has a Varick Immigration court , which is usually for people in detention or people by webex.
NYC has 3 court:
1.Federal Plaza(main)
2.Varick str(detention/webex)
3.Manhattan immi court(rare)
Bethlage is the main asylum office for NYC, but some cases are scheduled in Nj…
Good luck
He is not in court.
He was waiting for an interview for about 8 years after filing.
I do not know about that, but they do conduct interviews in different locations. I imagine Varick Street is a circuit ride or field office for the NYC/Bethpage office, but I do not know for certain. I suppose it could be part of the Newark office. In any event, it does not seem unusual to me. Take care, Jason
Hi Jason..I came in 2014 J1. Filed for asylum, got denied 2019. Did the Appeal. 2020 i left USA to go get my wife because her life was in danger. We came back together through Mexico. She applied for asylum too( own case). Appeal got back to
Me and Order for new hearing to take new decision..when my wife had Individual Hearing judge said you both need to have hearing together no separate after you are married. Now they reschedule Individual Hearing for both of us in 2029 NY. We have 2 daughters born here and my wife wants to take then and go back home. She don’t want to wait here no more( already 4 years wait). This got us in arguments because i dontand i can’t go back home. 11 years here trucking with clean background and always paying taxes. We probably gonna end in devorce or so.. is her return going to cause me problems. What’s the best way to deal with this , because i want to wait for my court date?! So i need to ask to separate the cases or what?! Jason please advise me ?! Take care
If your wife wants to leave, she can file a request for voluntary departure. If the judge grants that, she can leave without a deportation order and that may make it easier for her to return if she ever wants to come back (though getting voluntary departure does not mean she will be able to return; it is just less bad than being ordered deported). How her departure will affect your case, I do not know. It depends on the facts of the case and whether her return will cause the judge to think you can also return safely. Given that your court date is currently very far away, it may be too soon to worry about this, as things could change in the next few years, but on the other hand, court dates also change and so it might be worth having a legal “check up” now with a lawyer to decide how to present your case and to get the case in order, in the event that your court date is moved to an earlier time. Take care, Jason
Hello Jason,
I have applied for asylum back in 2014 but never got interview for asylum case. I married to US citizen and got my GC (conditional) without going interview. Then withdrew my asylum application. Now it is time removing the condition on GC. I am from one of those travel ban countries. With this climate do you think they would creat issue during this process ?
Thanks
I only think it would matter if you leave the US and try to return. If you are inside the US, I think it will be fine. We will have to wait to see what the travel ban looks like to know for sure, but in your case, there really is no other option. You have to file the I-751 to get the permanent GC, and so regardless of what the travel ban rules are, you will need to get that file on time. That said, it is expected to be a travel ban and will likely not affect people who are inside the US. Take care, Jason
hi Jason! does your lawfirm share its win rate on affirmative asylum cases?
I don’t know that they keep track. I never kept track of my own success rate at the asylum office or in court. Take care, Jason
Hi Jason,
Can a green card holder (asylum based) be arrested and detained at the airport for having returned for a short trip to their COP. (assuming nor criminal background)
Thanks
A travel ban is coming at any moment, and so I think it is best to wait for that before traveling, so you are aware of the rules. In terms of whether you could be arrested, I think it is very unlikely, but if the trip causes the border agent to think that your original asylum case was fake, it could trigger an investigation or an effort to take away your GC. You should be prepared to explain why you returned home and how you stayed safe. I wrote more about this on January 6, 2016. Take care, Jason
If the trip causes the border agent to think that the original asylum case was fake, will I get detained and deported immediately? My understanding is that only an immigration judge could strip away your green card, is that true? if yes, will I be detained while waiting for my court date?
If they think the original case is fake, it could cause them to initiate a process that could eventually lead you to lose the GC. I think this is unlikely, but an Immigration Judge would need to take away the GC; they cannot just do that at the airport. However, under some circumstances, they could potentially detain you at the airport, but again, this seems highly unlikely in this scenario. Take care, Jason
I am an asylum seeker with a work permit. My case is pending with uscis. I want to travel to Alaska, hawai and puerto rico can i or will i be subjected to tsa and ice at airport ? Im here in this country for 5 years but applied asylum after my student visa expired and overstayed.
Not legal advice. Alaska and Hawaii are no problem by air, as they’re one of the 50 states (and you can travel within the 50 states freely). Puerto Rico is also fine AS LONG AS the flight leaves from one of the 50 states and flies direct to Puerto Rico and back. If it transits in another country, that’s a no-no AFAIK.. Be sure to double-check w/ the airline that the flight will be direct. There is also the small risk that the plane might divert to another country due to an emergency, so be aware of this.
What if the plane flying to alaska makes an emergency landing in canada?
After all out nastiness towards Canada lately, I am not sure that they will allow one of our planes to land there…
As long as you do not go to any other country and have the proper ID document to board a plane, you should have no issues with Alaska or Hawaii (but if you go on a cruise to Alaska that stops in Canada, you could definitely have a problem). As for Puerto Rico, I think you need to be careful. I have heard about people having trouble returning to the mainland from there. I would check carefully with the airline or a lawyer to know more about returning, and I would look into that before you travel. It seems like a nice place, but you don’t want to get stuck there. Take care, Jason
Things may have changed now but my ex-gf was from PR and I went there 3 times when I had no status (pending asylum with IJ) and twice after I had GC and it was exactly like a domestic flight. The only difference is that they do have agricultural screening of the baggage to prevent any invasive species from coming to the mainland. However, my experience was over a decade ago.
Many of my asylum-pending clients have gone to PR with no issues, but I have heard about someone who did have a problem with CPB, and so since then, I have been more cautious about advising people who want to visit PR. Take care, Jason
I have been to Hawaii and Alaska as a pending asylum with no issues.
Hi Jason,
Last year, I plead guilty to a traffic violation for driving without a plate. Do you think this can negatively affect my naturalization. I do not have any other encounter with law enforcement.
Thanks
If it is not a crime, I do not think so, but if it is a criminal offense, it could have an effect. If you are not sure, have an immigration attorney look at the conviction before you apply for naturalization, so you know if you are eligible, or if there are any addition steps you need to take when or before you file to naturalize. Take care, Jason
Hi Jason,
I’m concerned about the potential impact of my husband’s traffic violations on our adjustment of status application we are asylee ( he is my dependent) We disclosed the four violations (20 years length)all with fines under $500, but didn’t submit proof due to the $500 rule.
Could his application be denied due to these violations? Is it possible that USCIS will request additional evidence or documentation related to these incidents?
Thank you for your guidance on this matter.
Normally a traffic ticket would not block someone from a GC. I think as long as he disclosed the tickets, he should be ok. If USCIS needs more info, they will ask. Also, he might want to gather evidence of the tickets and the “dispositions” (final outcomes), which he should be able to get from the court that heard the cases. Take care, Jason
Hi Jason;
I just heard an ad on the radio by DHS asking people to self-deport if they do not want to be arrested, detained, or sent to El Salvador or Guantánamo. It was surreal. I know it may perhaps sound selfish, but I’m glad that I am a citizen because otherwise I would be having disturbed sleep at nights. Coincidentally, I became a citizen during Trump’s first term. I recall hearing bad news during that time as well, which had me worried to be honest. Just recently, someone in the community got picked up when they went for their USCIS interview and sent to a detention camp across the country. Unfortunately, I think this might become more common and perhaps worse. It’s barely two months in, and I would not be surprised if Steven Miller and company have just begun and have a lot of ammunition in their arsenal. Good luck to all. Gd bless.
DSG, your story about someone getting picked up when they went for their USCIS interview and sent to a detention camp is exactly what I’m afraid of for my Venezuelan who has become family to us. Could you give more detail, if you have it? This is a marriage application AOS I-485 interview. Accepted bona fide marriage last September. Married 3 years with toddler. I’m really worried about this. Long, long journey that included a very strong asylum case that was denied. That’s been pulled after some years. Unfortunately overstayed visa for a short time before asylum application was filed. I’m reading now that they’re deporting people with even a few days of overstay.
Everyone on this site, please know that there are many many US citizens, who are heartsick over this attack on immigrants.
People who have been in the US for 2+ years are not subject to expedited removal, so this should make it less likely that your friend will have a problem. Also, if he has a pending application and is eligible for that, that should also offer some protection. Take care, Jason
Thanks Jason. I hope so. I can’t imagine the absolute cruelty of detaining and deporting this parent who has jumped through all the hoops over this last 9 years, is in a solid bona fide marriage, with a young son. But I keep reading reports I would never have imagined happening. As always, thank you for your generosity over all these years supporting this community.
AW –
This isn’t somebody in my close friend circle, but I heard that the person had DACA and went for an adjustment interview based on marriage. I don’t know the whole story or this person’s detailed immigration history, so it would be inappropriate to jump to conclusions. As for Venezuelans, I would be careful and engage a good attorney for any contact with immigration. Just today, all Venezuelans, Cubans, and Haitians lost their temporary status. There is news that the travel ban has Venezuela on Category A, which implies a total visa ban and perhaps extreme scrutiny for any adjustment. Better be safe than sorry.
I agree that things will be getting worse and worse. It is a real shame, as it does nothing to help our country, and in fact, harms our economy, social cohesion, and our moral values. It is very sad to watch our country self destruct for no good reason. Take care, Jason
Hi Jason,
Following up on the above comment. I am an asylee now but did overstay my visa many years back. So, am I at the risk of deportation too if I apply for my GC this year and get called for an interview. This may be a hypothetical question but it makes me very concerned if true that should I even apply for GC now or wait out this admin.
I don’t see why you would be at risk under these circumstances. You overstayed your visa, but you applied for and received a new status (asylum). I have not heard about people in this situation having any problems. Take care, Jason
Its been 8 months since my friend got her asylum granted by USCIS. However, she afraid to adjust status because people are saying if someone adjust and green card is denied this person will be place in removal. Plus her country of origin is also in the ban list. What would you advice someone like her Jason?
The question should be- why is your friend afraid to adjust her status? Did she commit a crime or is there something that would cause USCIS to place her in removal proceedings?
there is a lot of information out there. People are just afraid because there is too much to process and they dont know if they are true or false. Everyday you hear a new story. Not everybody has a lawyer to advise them especially for people who cant afford legal fees they are always panicking.
The list of banned countries is not yet out, and so we do not know how being banned will affect the green card process. My guess is that it will not have any effect, but I do not know. The list should be out very soon, so maybe she wants to wait for that. Otherwise, we file to adjust status for people all the time, and our clients have not had any issues. Take care, Jason
Hello Jason
I will be applying for naturalization in January 2026(90 days before the 5 year date)but I have traveled twice one for a month and one for 15 days
So should I minus these days from the country or can apply in January
Thanks
You do not need to delay the N-400 application due to the travel abroad for these short periods of time. You only need to delay if you have broken continuous physical presence in the US by a long trip overseas or if you have spent the majority of your time during the last 5 years outside the US. Based on what you wrote, you can file normally, assuming you are otherwise eligible. Take care, Jason
I was granted asylum and now I have a green card. My home country does not issue passports to the people how applied for asylum and I fear my government therefore did not apply for passport renewal. Does it make me stateless person? How does travel banned will affect me? My home country is no travel ban.
I do not know that you would be considered stateless, but I guess it depends on why your home country will not issue you a passport. As an asylee, you can apply for a Refugee Travel Document, form I-131, available at http://www.uscis.gov and that will allow you to travel, as it works like a passport (though it is not accepted by all countries). If your country is not on the travel ban list, that should have no effect on you, but until the list is actually made public officially, we cannot be 100% sure which countries will be on the list. Take care, Jason
Jason, thank you for your response! Please allow me to add something to this question as I think this question is a really important question. Many asylees and refugees find themselves in this situation.
A person who receives asylum in the United States and later adjusts status to lawful permanent resident (LPR) is not automatically considered stateless, even if their country of origin refuses to issue a passport or denies reentry. Under international and U.S. law, a stateless person is defined as someone who is not recognized as a national by any country under the operation of its laws. Being denied travel documents or punished for seeking asylum abroad does not, by itself, mean that a person has lost their citizenship. Unless the individual’s home country has officially and legally revoked their nationality—through a formal legal process—the person remains a citizen of that country.
Further, even if the government refuses to recognize the person diplomatically, they are still considered a national under the law unless citizenship has been stripped. Therefore, a person in this situation would not be classified as stateless. They have legal residence in the United States and still possess nationality from their country of origin unless proven otherwise.
Statelessness requires a complete lack of nationality in any country, which is not the case here. A refusal to grant reentry or issue a passport, while serious, does not meet the legal threshold for statelessness.
Hello Jason,
My wife is under my case and we got asylum by IJ last year February then we did apply for i-765 under A5 i got my card last year November but she has not i did send inquire for her thru our district congressman and they emailed my wife this after that the case is under background check and you can send another inquiry after 90 days what that means?, is there background check for 765 under asylee?????
Hello. I’ve applied for my A5 with my wife last August… she got it in 4 months and i got it 3 months later….
Btw you DO NOT need it for anything….just the heads up!
Good luck and congrats.
And yes every application have a background check.
I am not sure, but delays like this do happen. If the case is outside the normal processing time (which you can see at http://www.uscis.gov), you can inquire through USCIS on that same website. If that fails, you can try the USCIS Ombudsman – there is a link under Resources and they can sometimes help with a delayed case. Also, an asylee is legally allowed to work even without a work permit. See https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/73-refugees-and-asylees. Take care, Jason
https://www.reddit.com/r/USCIS/comments/1jf9lrt/uscis_going_after_overstaysewisnon_criminals_now/
Hello Mr. Jason,
With stories develop within the administration, people report cases that ICE agents “entrap” immigrants at USCIS offices while people attend USCIS appointments or interviews.
Should asylum seekers worry if ICE agents will detain them for overstaying visa? Will a pending asylum application from USCIS protect them from ICE arrests? (Filed within the one-year deadline)
People with a pending asylum case cannot be legally deported until the case is resolved, so that does offer some protection. While we have been hearing some stories about people getting detained, I think in most cases, there are other factors, such as a criminal record, failure to report for an ICE check-in or something else. I do think there are some examples of asylum seekers being detained (and in most cases being quickly released with a bond), but given the large number of asylum seekers (millions), the likelihood of being detained is still very low. Even so, it is best to have a plan in place in case that happens, and to have your case as ready as possible, so that if you are detained, you will be better positioned to present your asylum case to the immigration judge. Take care, Jason
Hello All,
Thank you Jason for your relentless help through this journey. You gave up important heads up!
I am waiting for interview since 2016🤔
Anyone waiting at Los Angeles asylum office since 2016? I am still waiting and hoping to get interview soon🤷🏽♂️ Let me know if anyone is like me😎
Thank you,
I do not know about LA, as they had the worst backlog in the US in about 2013-2015 or so. However, it is possible you will get an interview soon, and so make sure you have all evidence and are ready to go in case you are called. Take care, Jason
@LOS ANGELES 2016, I have also been waiting since 2016. I just files a writ of Mandamus and he attorney informed me that it will take 9 to 12 months for the interview to happen because LA asylum office is the most backlogged in the country.
I’m in the same situation, waiting since 2014. Here’s my timeline in Los Angeles:
March 2023: Writ of Mandamus filed
April 2024: Interviewed
April 2024: Referred to Immigration Court in Santa Ana, Orange County
November 2024: First master hearing
April 2025: Second master hearing
My Immigration Judge (IJ) told my attorney everything is in progress and that I should receive an individual hearing in less than three months. My attorney predicts I’ll get a decision by the end of the government fiscal year.
I’m hopeful and look forward to sharing good news soon. Stay hopeful; the light is near!
Good luck with the case, Jason
Thanks Jason. I feel like any sort of update at this point is super valuable to everyone. Two questions:
1. I have seen a lot of people on reddit USCIS say that they have been getting their interviews super fast within 21 days, does that mean they are back to fully doing LIFO cases? Have you recently had any older cases?
2. Since Trump took office have the grant numbers shifted down? i know you only are aware of Virginia area, but curious if there are any premature trends you guys are observing.
Thx again
Supposedly, they are interviewing the newest cases and so that sounds correct (though I am not sure whether that is all offices). For me, I have been seeing a lot of old cases (from 2015 and 2016) get scheduled, and so they are working on those as well. I think it is unclear whether they are still following LIFO, though I do think a newly filed case is very likely to be scheduled, and so it is best to be completely ready at the time you file. 2 – We have not seen any data about grant rates, and the few decisions I received so far have been positive, but it is only 2 or 3 decisions at the asylum offices since Trump took office. Take care, Jason
Dear Jason,
Good evening!
I am writing to inquire if I have the opportunity for a rescheduled interview due to some unusual situations that occurred during my interview. I just completed my asylum interview at Arlington office on March 12, 2025 and the decision is pending.
I submitted an asylum application via USCIS website on January 26, 2025, and my interview was scheduled at 13:30 on March 12, 2025. I am seeking asylum based on my belief in Falun Gong. For this interview, I did not engage the services of an interpreter, as I resided in Singapore for five years and I am fluent in English.
On the day of the interview, when I checked in at the asylum office, the male staff could not find my appointment record in his printed documents. He searched his printed documents several times, then searched the computer, and subsequently located my records. I heard that he said “Ah they updated the system (or data)” and then he said “ok I will assign an officer for you”.
After a short period, an Asian male officer led me to his office to begin the interview. Upon entering the office, he realized that a chair for the interviewee was absent. He then began searching for a chair. My interview officially started at 13:45.
The officer’s English accent was notably strong, and he spoke with significant disfluency. This resulted in great comprehension challenges and I needed to rely on the identification of key words within his sentences for comprehension.
Moreover, during the interview process, it became apparent that the officer had no prior knowledge of my case (including what documents I’ve submitted), and he was completely unaware of Falun Gong and the persecution of Falun Gong practitioners in China.
These unusual circumstances limited my interview responses to basic answers during the interview, significantly impeding my optimal performance. I have heard of instances where immigration judges have rescheduled hearings due to their inadequate preparation. Given my experience, I would like to inquire whether it is possible to request a rescheduled interview and a different officer.
Thank you for your time and have a nice day!
I doubt they would agree to another interview, but you can ask. You can send additional written testimony by email, state that you did not have a chance to present all your evidence, and ask to return for a second interview. You can find their email address if you follow the link under Resources called Asylum Office Locator. I am not sure I would mention the officer’s English level, as you should have asked to stop the interview if you did not understand, and that will be viewed as your fault. Also, it is common for officers to not have read the file beforehand (unfortunately) and so I am not sure they will respond to a complaint about that. However, if you did not get to present all your testimony, that may be a legitimate reason to ask for another interview. Take care, Jason
Hi Jason, appreciate your swift reply and advice!
Since the decision is still pending, may I know if I should email them to ask to return for a second interview at present or after I receive a negative decision?
Thank you Jason!
If you receive a negative decision, you can ask for a motion to reconsider, but those work only very rarely. If you think something was wrong with your interview, it is probably better to ask as soon as possible for a second interview. Take care, Jason
Good evening Jason
My asylum was approved in 2020 and in October 2020 i filed an petition i730 for my wife She is in Usa only but with Pending asylum.
My question is how long it takes to get an decision on i730 petition.. I tired to make inquiries online with uscis but its not letting me submit inquiry . Its 1468 days today . I have my green card now .
Is there any other way i can ask uscis to expedite the application? Is it possible to withdraw i730 petition and submit i130 petition or what else i can do at this time
Thank You
If you inquired with USCIS, you can try the USCIS Ombudsman – there is a link under Resources and they sometimes help with delayed cases. If that fails, maybe you want to try a mandamus lawsuit, as the case is taking much too long. Also, if you have a GC, you can file an I-130 for her as well. Both forms (I-730 and I-130) can be pending at the same time. Whether she is eligible to get her own GC based on the I-130, I do not know, but you can ask a lawyer about that (if she entered legally, she is probably eligible, but she may need to wait until you are a US citizen to get her own GC without leaving the US). 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
Hey Mr Jason , to provide some background, I filed for asylum in 2016 but missed the one-year filing deadline by about a year and a half. At the time, I was a homeless minor and part of the LGBT community, which made it difficult to access legal assistance. I didn’t get in contact with a lawyer until I was 19.
Can you please explain the potential implications of this update and advise me on the next steps? I’d greatly appreciate your assistance.Thank you
If you missed the one-year asylum filing deadline, asylum will be denied unless you can show an exception to the rule. One exception is that you were a minor. And so if you filed with a “reasonable time” of turning 18, that would overcome the one-year rule. The term “reasonable time” is not well defined, but 2 or 3 months is usually considered reasonable; more than 6 months is probably not reasonable. There are other ways to overcome the bar as well – if you had physical or mental health issues that prevented you from filing, or if you were not “out” and thus did not have a basis to file for asylum. There may be other reasons as well – I wrote about this in general on January 18, 2018 and more specifically about the one-year bar and LGBT asylum claims on February 15, 2018. Maybe those would give you some ideas. Also, talk to your lawyer about this, as it is very important to overcome the one-year bar if you hope to win asylum. Take care, Jason