Since he entered politics, our President has denigrated asylum seekers as fraudsters who game the system in an effort to harm hard-working Americans.
Having practiced in this area for more than two decades, my observation is that most asylum seekers have legitimate claims, and in many cases, there is indisputable evidence about the risks they face. That’s not to say that people don’t sometimes exaggerate or even make things up–many asylum seekers come from countries where lying to their governments is necessary for survival–but at least in the cases I have seen, the large majority of applicants have legitimate claims for protection.
But there is another type of fraud in the asylum system. This fraud is more pervasive and more dangerous because it points to wider problems within our government. I am speaking here about the fraud perpetrated by the Asylum Office itself.
How can the Asylum Office commit fraud, you ask? By pretending to fairly adjudicate asylum applications while at the same time, making it impossible for asylum seekers to properly present their cases–that’s how.
There are two primary victims of this fraud. The first, of course, are asylum seekers, who often do not have a fair opportunity to present their claims. The other victims are Asylum Officers, who are attempting to fulfill their important responsibilities under impossible circumstances.
Let’s start with asylum seekers. According to (relatively) recent data, there are more than 1 million cases pending at the nation’s Asylum Offices. Some cases have a spouse and children, and so there are probably close to 2 million people in the affirmative asylum system. Many of those applicants have been waiting five or 10 years for an interview, and so have been living with uncertainty (can I stay or must I go? When can I reunite with family members overseas?) for a very long time.
Now, at least in some offices, interviews are being scheduled. But the way interviews are being scheduled is problematic. The Asylum Offices are giving little notice before the interviews, which gives the applicants (and their lawyers) insufficient time to update their cases and get ready for the interview. In many cases, interview notices arrive 10 days to two weeks before the interview itself. Since documents are due at least a week prior to the interview, there is almost no time to get ready.
Also, in my local office (Virginia), they have stopped accepting evidence by email, meaning it has to be sent by post or dropped off in person. This is also a problem, as it leaves even less time to gather and submit documents. Also, mailed documents often get lost after they arrive at the Asylum Office, which adds an additional layer of stress to an already stressful situation. Dropping off documents is not easy either, as the only time to do that is during a two-hour window on Thursday mornings.
One option (which we try in most cases) is to request that the interview be rescheduled. This is necessary, as the Asylum Offices do not ask about attorney availability, and given our busy schedules, we are often not available on a particular date on such short notice. In some offices, these reschedule requests can be done by email, but in our office, they recently stopped accepting email requests and now require that we send a request by mail, which is very slow, or we come in person on Thursday to ask to reschedule, which is very time consuming.
The cumulative effect of all this is to make it much more difficult for lawyers to help our clients or for applicants to present their cases effectively.
Asylum Officers are also suffering from the new procedures. Officers are now required to interview eight cases per week. Given all their other tasks (security background checks, writing up decisions, training), this is an overwhelming burden, and officers are suffering burn out.
In our local office, the situation is compounded by the fact that Asylum Officers do not receive the file until the day of the interview, which means they have to review the file and get ready while the applicant is sitting in the waiting room. The purpose of this system is so that officers avoid “no shows” where their pre-scheduled interviewee fails to appear. However, preparing at the last minute is stressful, and makes it more likely that officers will make a mistake or miss something important.
What’s sad about all this is that most of these problems could be solved by simply giving applicants more notice prior to the interview–30 to 60 days would be enough. When the applicant submits evidence and updates in advance, the Asylum Office can be reasonably certain that that applicant will appear for the interview, which avoids “no shows” and allows the officer to prepare ahead of time. A month or two is also sufficient time for applicants to gather additional evidence and properly present their cases.
These are very difficult times for non-citizens. Our nation’s institutions–including the Asylum Office–should do everything possible to fulfill their missions in a way that honors the law and respects due process. If the Asylum Offices could schedule interviews with more advance notice, they would go a long way towards meeting those goals.
Hi Jason, good morning!
I have submited I-589 form and completed my interview at Asylum office in March and I am waiting for the decision. I am over 14 years of age and I have been fingerprinted at ASC in February this year. I’d like to ask whether I’m required to file the new form – G-325R – Biometric Information (Registration) under the Alien Registration Requirement or not.
Thank you and have a nice weekend!
Hello,
I am asylee and got granted by IJ last year, do i require do fill G-325R?
Hi Jason,
My wife got I-730 interview notice after waiting for about 2 years. She’s already in US and notice says i also have to go with her. Can you please let me know about what kind of questions we can expect? She also have her own asylum case pending with USCIS. We are prepared to answer any questions regarding my asylum case or hers, not sure what else they will ask?
I filled i730 for my wife and she was called to interview after 5 months. We both went to interview and officer asked these questions
1. How you ever arrested in US?
2. How long have you been married?
3. Do we have kids?
4. Officer said main reason calling to interview make sure she is in US.
5. Took her fingerprints.
After two weeks we have received approved letter. It was in Chicago last year. She used to have her own asylum case when we went to interview but officer didn’t ask any questions related to case. Good luck
Hello Jason and all,
NYT and Routers are reporting Trump administration is planning to move SSN of some immigrants into dead people’s list. That is really horrible as you can’t even open bank account, get credit report, get a job or do anything legally. It’s really bad! Do you think a judge can block this move?
Thank you
Hi Jason,
I need your usual advise, please.
My asylum case is pending for more than 9yrs. Now am thinking of applying eb1a visa. Because of finance am going to apply myself.
But I have some queries, please help:
1. Is it allowed to apply eb1a visa while on pending asylum status?
2. What will happen to my asylum application if my eb1a vis application get denied. Will I be deported?
3. What will happen to my asylum application if my e1ba visa got accepted? Can I withdraw my asylum application.
4. In your opinion, how long do you think the processing time for eb1a visa application is? I saw somewhere, for premium application, it will only take 15 days. Is it true?
5. and also is it advisable to apply for eb1a visa at this time (considering the current situation)
Thank you very much!!!
@PENDING ASYLUM. I am not Jason, but I can reply to you based on my case. I was in the similar situation. My asylum case has been pending for 9 years. My employer applied for my 140, we did premium processing and it was approved in 8 days. I submitted my AOS application and after 14 months they called me for an interview and ended up denying. USCIS has denied almost all AOS applications with pending asylum. They claim asylum is not a status. So I decided to file a mandamus suit and my asylum interview has been scheduled. FYI i am in California
Thanks Hope for sharing your experience. It really helps
Thank you very much Hope. Very helpful advise. I appreciate it!!!
Hello everyone again & thank you Jason and y’all for being so altruistically helpful throughout the years.
Q: can the main applicant apply for the asylum based green card w/o adding the derivative, aka the spouse? Tricky one, but if anyone has done this please respond.
I am a derivative and we were planning to divorce, however, I waited for my RTD renewal for 10 months, and it’s been delayed again so if we divorce, I will lose my everything and will have to self deport..or apply for my own asylum? So many questions
Sorry and thank you
The main applicant must list their spouse on form I-589. However, below where the spouse’s info is listed on page 2, the applicant can check “no” that the spouse is not included in the application. That is fine. In your case, if you are a derivative and you already have asylum, you will not lose your asylum status in the divorce. However, you will lose the ability to receive a green card until you do a “nunc pro tunc” asylum, which is a formality that allows you to get asylum as the principal, based on the fact that you were married to an asylee. The process can be very slow (like everything else in this system), and so if your spouse is willing to remain married until you have your own GC, that would make your life easier. I wrote about nunc pro tunc asylum on February 10, 2022, near the end of the post. Take care, Jason
Hi Jason thank you for your help
I applied I 485 November 2024. Now I received RFE to submit I 693 although I submitted originally with my I 485 form.
Should I include cover letter clarifying that I previously submitted the form I 693?
You can. Check the RFE to see whether it says why another medical exam is needed. Maybe the old one expired. Take care, Jason
Hi jason
Thank you for what you do for us.
I was your client you won asylum for me. I would like you to represent me and my wife for green card interviews. If Is it possible. interview is not scheduled but i just saw an update on case status that next step is interview i do have complicated case.we filed 485 in june last year I will wait for your response here. Thank you
You should email me to arrange this. Thank you, Jason
Hello J,
Thank you for all the valuable guidance you’ve provided to the asylum community. I have a question regarding travel as a Green Card holder.
I have obtained my Green Card and Refugee Travel Document(RTD) through asylum. I’m planning to visit family in Rwanda(not my home country), where I lived for about five years before coming to the U.S. ( I don’t have Rwandan citizenship or permanent residency). But, some lawyers are advising Green Card holders to avoid travel unless they’ve obtained U.S. citizenship.
Do you see any issues with traveling to Rwanda with green card and RTD at this time? I’d greatly appreciate your insight.
Thank you
As long as you have a valid RTD and Green Card, you should be fine. The one exception is a potential travel ban, I double it will affect GC holders, but these days, you never know. You should pay attention to that, and if it seems like a ban is coming, and if you are from an affected country, you should come home as quickly as possible. Take care, Jason
Hi Jason,
You mean he or any other asylee GC holder can currently travel outside despite the rumors of increased scrutiny on return and possible detention?
Thank you, Jason, for writing this.
I know someone who recently applied for asylum and got an interview call within weeks. He is not fluent in English but was requesting an interpreter. Given the unprecedented time, how safe is it to be an interpreter?
Best,
Max
I think it is fine to be an interpreter, as long as you have the language skills needed and know what to do. I think the worst case is that the asylum officer determines that the interpreter is not doing a good job, and cancels the interview. This may result in the applicant being sent to court, or more likely for a “first offense,” the officer will reschedule so the applicant can get a better interpreter. Interpreters should not be a close relative of the applicant and they cannot be asylum seekers. It is best if they have a green card or are a US citizen. There are other requirements as well, and I wrote about those on January 24, 2024. Take care, Jason
Thank you, Jason, for writing this.
I know someone who recently applied for asylum and got an interview call within weeks. He is not fluent in English but was requesting an interpreter. Given the unprecedented time, how safe is it to be an interpreter?
Best,
Max
I wonder whether immigration advocates could consider establishing an immigration and nationality institutions so that Americans can take classes about immigration laws (INA) and courses.
I wonder whether these could reduce the sentiments they have about immigrants ?
Because I feel that immigration advocates only focus on obtaining asylum for people. But their integration needs participation of us citizens…it takes two to tango…
By narrowly focusing on obtaining benefits for individual asylum claimants, immigration advocates, probably unintentionally and indirectly, drive up the anti-immigrant, anti-asylum sentiment of Americans that eventually leads to Trump in power, harming asylum seekers in a large scale. Although I don’t think any immigration advocate should be blamed for this, they nevertheless are, in someway, partially causing the harm to immigrants and asylum seekers…
So instead of helping individual asylum claimants, why don’t more asylum advocates work for us government, like be a White House advisor or chief of staff sth…advising the president, so that he doesn’t implement harmful orders ? In a large scale ? I think this is a better use of asylum advocates’ talent than helping individual asylum claimants…
I think there are not enough resources for any of these from happening. It is already hard enough to fight for a legal status within the US, let alone offering courses for average Americans. Realize the fact that, average Americans do not care about immigrants at all. There is no motivation for them to attend such classes. They do not inherently benefit from immigration rights.
I think the average American benefits a lot from immigrants, who provide cheap(er) labor in many industries from health care to construction to food service, and many more. It would be nice if anti-immigrant people would acknowledge all the good that immigrants do instead of only finding a few bad actors and pretending that they represent all non-citizens. Take care, Jason
I wrote something on point to this on March 18, 2018. Take care, Jason