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
thank you for being there for us during this difficult times it means so much to each and everyone of us here writing and listening to you. Very kindly You can reply to me in point form that will be easier for you.
1. I wanted to let you know that I finally received an emergency passport for me and my husband.
I needed to know are they going to question us at the immigration here in LA when we are at the airport as to why we are leaving the country without cancelling our asylum case and travelling with emergency passport ? Are they going to give us a hard time like they are giving to someone people coming back to the country?
2. The only reason we have right now to return back to our country is because we have one parent very ill and we need to be there. We did not have time to wait to issue a proper passport as it is going to take 8 months to get the passport. Our embassy helped us to get this passport so that we only travel to country of origin of the passport. This is the only answer I can give them. I have two kids and I am worried if they give us a hard time.
3. Also I just want to let you know that previously I had written to you and you shed some light as to why we should not withdraw the case as it will put us into removal proceedings . Hence we are waiting for us to leave the country and then withdraw the case. So that everything is done the right way.
4. I also wanted to let you know we went ahead and renewed our work authorisations, as we did not want to leave without one. It is now renewed for 5 years. Once we withdraw the case will USCIS cancel the work permit cards?
My husband card has not be mailed to us as yet will USCIS cancel it without sending it to our address is there a way to do it? I have received my card but my husband card is in process as yet and I do not want this card to come to our address when we are not present here and someone else to receive this mail, we plan to close our mailbox, but it takes time to do it hence do not know what other options ?
Many thanks for your help as always.
Hi Jason
Knowing how the current administration is interpreting minor traffic violations to revocation of student sevis and visas, I have a quick question.
My spouse, as a student, got a petty misdeameanor decade ago for driving with a learners permit. She paid the fine and it was no issue. She got her license after that and has zero traffic or any criminial issues except this one instance. Right now, Im a principal asylee with GC and she has derivative asylee status, and filed a I-485.
1. Do you know if there is a provision or a bad interpretation of the law that could let this administration interpret this petty misdemeanor to deny her I485?
2. Also, in a worst case scenario, if I485 is indeed denied, she would still retain her derivative status right and not subject to removal or detention?
Hello Jason, any news regarding the freeze trump put on issuing green cards for asylees? I didn’t see any official release regarding this except for that news article
Hi Jason,
I’m an asylum applicant and came to US without inspection 10 years ago. My case was in immigration court and judge dismissed without hearing. So i applied for appeal in BIA which is pending since over 2 years now. I got married to US Citizen now. What would be the process for me to adjust the status? I am confused as some lawyers ate saying I can adjust the status in US and some are saying I have to leave the country for interview because i came here illegally. Can i apply for I-130 at least for now. Please advise
Hello Jason. As always, thank you for writing such great articles and helping asylum seekers throughout this tough immigration journey.
I have a question. I had an interview back in May 2024. The decision has not been issued since then. I was planning to file WOM in this May. However, USCIS invited my dependent for an interview to ask bar questions in March 2025 (they couldn’t find them in the system during the first interview). My presence was not required for that interview. Several weeks passed and decision was not issued. In fact, status on the website still says “Your interview was scheduled”.
Can you advise if I still have a strong position in filing WOM or that second interview for dependent kinda reset the clock?
Thank you.
Hi Jason, thanks for the article. Married in 2021, spouse’s I-130 approved. Filed AOS in 2023, removal case terminated smoothly. Traveled to Europe with I-512, returned fine (I-94 DA until 08/31/2025). Interview scheduled soon despite initial waiver. Married nearly 4 years with a child (birth certificate included), so less nervous. Should I be concerned about the 08/31/2025 “Admit Until Date”? Thanks.
My name is Zafar Khan and I am currently American citizen or Afghan-American. My two birthed whom I applied for their parole visa and luckily they were granted payroll PARCIS visa from Pakistan. My brother came to the US in June 2023. Two months after their arrival I applied for their asylum and luckily one of them got his asylum approval in April 2024 but my other brother is still awaiting his asylum interview. My question does the recent development of canceling the parolee status of Afghans affect my brothers given their current status? I really appreciate your view on this as I am very much concerned about my brothers.
If he has a pending asylum case, he should be able to remain here and complete the case. However, in some cases, they are referring people for the “expedited removal” process. If that happens, he would basically need to have an initial interview to see about asylum eligibility and then (if he “passes” the interview), he would be referred to court. If that process happens, he should talk to a lawyer for assistance, as it can be more complicated and he will definitely want a lawyer in court. Take care, Jason
There is no regulation specifying that the dependent has to respond directly to AOs or IJs. However, there has to be a good cause which indicates that you are incapacitated or in extenuating circumstances which challenges your ability to testify. Remember that the ability to directly testify in front of IJ/ interview at AO has a strong correlation with the outcome of your proceedings/interviews in the process. The rationality of your circumstances and your case in general is in full discretion of the AO or IJ in charge. Therefore, it to the best interest for you to play the mind game but to specify what makes it difficult for you to directly testify.
So no law requiring clients to talk themselves in asylum interview or immigration court hearings ?
Testifying in removal proceedings, as a torture survivor, no legal background and sometimes language barriers (I know there is translation). The asylum seekers are not in the same footing as government lawyers and the IJs…
Asylum seekers’ lawyers are better trained in legal languages and knowledge. They know how to tell the story that emphasizes what’s needed for a win. They are also better at detecting government lawyers’ tricks. They also won’t be retraumatized by telling the story again. They are native speakers who can speak English better.
So all in all, I feel the lawyers should do the interview and basically do all the talking on behalf of the asylum seeker, in front of immigration court. Asylum seekers just need to sit there and attend the hearing, I think that’s enough.
https://www.youtube.com/watch?v=6CHxml4uvvI
In this video, the lawyer did all the talking. This is what needs to happen
Like this
For better or worse, this is not how it works and almost every applicant must testify. Take care, Jason
Hi Jason my wife is my asylum deritive she came here from my country 2 years ago when I won asylum, now Dmv is not giving her real ID stating she need to show asylum granted letter which I have but she don’t, do you know how to solve that issue, and also if I renew her passport now will she face any hard time during her greencard interview that why she renewed it?
Your feedback will be much appreciate as always.
If you have receipts or biometrics with her name and A number, maybe they will accept that in combination with her work permit (which I assume is under category a-5 for asylum granted) and your approval letter. Also, check the approval letter, as sometimes there is the dependent’s name listed near the bottom or on the second or another page. You may also have the approval letter for the I-730 if she came to the US using that process, in which case she should have an I-94 showing her asylum status. This info should be enough for her to apply for a green card and hopefully, it is enough for the DMV. Take care, Jason
Hi Jason my wife is asylee deritive,if I renew her passport now will she face any hard time during her greencard interview with Uscis that why she renewed it ?
Also same goes for me I had my passport renewed before my asylum approval and traveled with advanced parole and passport.
Will I face any challenging situation for me greencard interview since I plan to use it because after real ID go to implementation I have no other choice but to use it until they issue me one.
Your feedback will be much appreciate as always.
Hi Jason
My case has been referred to EOIR in Philadelphia court . Do you accept clients in that jurisdiction? What is the process to get in touch with you?
Our firm accepts cases in Philadelphia. It is best to reach out to the firm to start with a consult: 800-929-7142. You can ask for me or any available lawyer. Also, we have an office in Newark that is relatively close and they can assist as well. Take care, Jason
What if IJ or AO doesn’t believe what I am saying to them ?
They are humans and they have their biases. I don’t look the part…research suggests that appearances affect (job) interview success.
I am a very dull person and prefer to keep things to myself and like to answer questions using one word…That appears to have hurt me in different settings already.
I am worried that my curt response and unwillingness to divulge into the most traumatizing events of my private life will have me denied relief…
Is there anyway that an asylum seeker doesn’t need to share those private, traumatizing past events but be granted asylum ? It’s kind of inhumane to have to tell their story, going through that again…
Sharing what happened is part of the process. It is not easy, but it is necessary for most cases. Take care, Jason
Can my lawyers do all the talking ?
I hate interviews or testifying…
It’s stressful and error-prone.
Lawyers are trained to present facts and argue in a way that’s most beneficial.
I am not trained, I am just a layman. How is it fair that a layman will be tasked by DHS opposing attorney and IJ ?
I checked INA, and I didn’t see anything saying that requires/mandates an applicant needs to testifying themselves.
I also checked the DOJ EOIR website, it never says that the applicant needs to saying anything themselves…
So…lawyers do all the talking…is probably not…disallowed…right ?
I am not Jason, but as someone who has been through the process and inquired/researched before hand the answer is No. Your lawyer cannot tesitify on your behalf either in asylum interview, GC/citizenship interview or immigration court. They can clarify certain points, legalities and in immigration court they are given an opportunity for legal arguments. In any legal proceeding, a sworn testimony is given by the defendent themselves. An immigration proceeding is a sworn testimony where you have to stand up and take an oath. This would work the same in a criminal proceeding or a congressional testimony. A lawyer cannot testify for you. The only difference I have seen in an immigration court is that a judge can take over and ask the defendent a bunch of questions in an adverserial manner as if he is acting like a government attorney. This usually doesnt happen in a Article 3 court.
“Under the Fifth Amendment to the U.S. Constitution, a criminal defendant has the right not to testify, and their decision cannot be held against them. In all but a few circumstances, I recommend that my clients do not testify in their own trial.”
Requiring a person to testify themselves but not allowing others to testify on his/her behalf is absurd. A person could easily be mentally incompetent and in that case, the lawyer is obviously in the best position to testify on that person’s behalf…
I would ask my lawyer to testify for me. I don’t like the adversary setting and I feel that government lawyers are more likely to challenge me cause they know it’s an easier opponent. They all have legal training, how could an untrained asylum seeker give the best answer when government lawyer, a trained legal profession, intent on ask questions to try to deny asylum seekers’ eligibility. Asking the lawyer to testify is simply leveling the playing field. Govt lawyer will know that they will not get anywhere if they try to pull any trick if they are faced with a similarly trained attorney.
If there a statute or regulations or law that says anywhere that “the immigrant must testify and conduct the interview by themselves but nobody could speak on behalf/in place of them ”?
If there is not, then it’s not disallowed.
You need to explain your story at the asylum interview, unless maybe you have a disability that makes speaking impossible. Take care, Jason
Hi Jason,thank you for always giving us very valuable information,through this platform I have come this far.My asylum interview was scheduled finally end of this month after expediting my case but even before the case we had booked a marriage date with my spouse,so we went ahead and gotten married.I want my spouse to be added to my asylum case as a derivative just incase I succeed in my asylum case,we have been together for two years and we have all the evidence to our relationship including the fact that we own a home together.Since they request for additional evidence if we have before the interview am planning to send all that before the deadline.Have you helped someone with similar case before?
It is possible to add a spouse on the date of the interview, but it is better to do that before the interview. In your case, it sounds like there is no time, and so you will have to do it at the interview. I wrote about adding a spouse on March 29, 2023, and maybe that will help, but you might also want to talk with a lawyer for assistance. Take care, Jason
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!
You have to check the registration requirements to see whether that is needed (https://www.uscis.gov/alienregistration). But if you have a work permit, or entered the US legally, or meet one of the other categories that do not need to register, them this is not needed. Take care, Jason
Hello,
I am asylee and got granted by IJ last year, do i require do fill G-325R?
I think not, as you should have work permit, and such people are not required to register. When you received asylum, you should have automatically received a new I-94 and work permit. If not, you can Google “post order instructions in immigration court” and follow those to get the documents you need. Also, you should be eligible soon to apply for a green card. I wrote about that on February 6, 2023. Take care, Jason
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
Hi John,
Thank you for replying back. Quick question, how did you withdraw her asylum case after i-730 approval? Did you just email asylum office or do something else?
I would review the I-730 and she should be prepared to answer questions on that form. Also, she will likely be asked the “bar” questions, which are questions that bar a person from asylum (are you a criminal? are you a terrorist? etc.). I suppose they could ask about her asylum case, though usually they would not do that. She should be familiar with her own case and your case too, just in case she has any questions about those. Also, you will need to show that the marriage is true, by bringing evidence and original documents. But in general, such interviews are relatively short. Take care, Jason
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
I don’t know much about that, but it seems like it could be challenged in court. We shall see. Take care, Jason
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!!!
1 – Yes, but whether you are eligible for an EB1 or whether you could get the GC if the I-140 petition was approved, I do not know. 2 – If the EB1 is denied, it should not affect the asylum case. 3 – If you can get a GC, you can withdraw your asylum application. 4 – You can premium process an EB1, as far as I know. It is possible to get a decision in 15 days, I think, but it can take longer than that if you get a request for additional evidence. 5 – If you are eligible, it is a good idea, but you may want to consult with a lawyer to know whether you can get a green card inside the US if the the I-140 is approved. I wrote something that might help on August 28, 2018 and September 6, 2018. Take care, Jason
Thanks a lot, Jason!!
Be blessed!! Happy Passover!!!!
Thank you – you too, Jason
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?
A person with a valid GC and travel document or passport can travel and return. However, if a travel ban is issued, that could affect some people’s ability to return, and anyone who wants to travel needs to weigh those risks. 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 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