Recently, there have been numerous reports about ICE appearing in Immigration Courts across the United States and detaining people at their hearings. It’s another way the Trump Administration is terrorizing non-citizens and trying to intimidate them into giving up their due process rights.
Here, we will look at what is happening, who is at risk, and what you can do to try to protect yourself.
So far, we’ve heard about raids at many different courthouses, including in Sterling, Dallas, Orlando, San Francisco, Chicago, Phoenix, and Miami. How many people are being detained, we do not yet know.
It’s also not entirely clear who is being targeted, though it seems mostly to be people subject to “expedited removal.” Expedited removal (ER) is a procedure to deport recent arrivals more quickly and with fewer due process protections. In the past, it applied to people who had been in the U.S. for less than two weeks and who were within 100 miles of the border. However, the Trump Administration has expanded ER (perhaps unlawfully) to include anyone who has been in the United States for less than two years, or who was apprehended within two years of arriving in the U.S., including at the Mexican border, even if the person has now been here for more than two years. Also, the procedure applies to non-citizens no matter where they are in the United States.
Lately, DHS (the prosecutor in Immigration Court) has been moving to terminate Immigration Court hearings so that non-citizens can be placed into ER. After the case is dismissed, ICE agents (some in plain clothes and some wearing masks) are waiting to detain the non-citizens.
Thanks to some recent changes, many asylum seekers who are detained are subject to mandatory detention.
If you are detained and/or placed into ER proceedings, you would want to request a credible fear interview (CFI) as soon as possible. A CFI is an initial evaluation of asylum eligibility where you have to explain why you fear persecution in your home country. If you “pass” the CFI, your case would be referred to Immigration Court (where you started this whole ridiculous journey) for a full asylum hearing. If you “fail” the CFI, you can be deported quickly, subject to limited review by an Immigration Judge (IJ).
If you are detained, you might have to present your asylum case from jail, which can be very challenging. It is more difficult to communicate with your family and your lawyer, or to gather evidence. Also, detained people are often moved to other parts of the U.S., where the Immigration Judges have higher denial rates.
If you have an upcoming court hearing and you think you might be subject to ER and/or detention, what can you do?
First, talk to a lawyer, The Immigration Court process is complicated. Even in the best of times, it is important to have an attorney to help you. Lawyers often have more up-to-date information than the general public, and they can evaluate your case, assess the risk, and advise you about being prepared for a CFI or a request for release from detention. If you are represented, make sure your lawyer has an original signed form G-28. This form allows the attorney to represent you during a CFI or with ICE (this form is different from the form used by the court, and it must have an original signature–not a copy).
Second, prepare your asylum application, including form I-589, and gather as much evidence as you can. If you are prepared for your asylum case, you can try to use the same evidence for a CFI, which will strengthen your claim. Also, if you are in custody, it will be more difficult to present your case, and so if you can prepare now, you will be better positioned in the event that you are detained.
Third, you can try to postpone an upcoming hearing or attend by video. If the IJ allows you to postpone (a big “if”), you will buy more time to hopefully get a clearer picture about what is happening. If you can attend by video, it will reduce your odds of being arrested, since ICE will need to come find you.
If you are in court and DHS asks the judge to dismiss your case in order to start the ER process, you can object to the dismissal or ask for more time to respond (or to get a lawyer if you don’t have one). Maybe the IJ will refuse to dismiss or delay the dismissal so you can respond. If that fails, you can tell the IJ that you want to appeal, which automatically stays (puts on hold) the dismissal. While these tactics may not prevent the case from being dismissed or keep you out of ER, some judges may respond favorably and at least you will preserve the issue if there is ever an appeal.
Finally, if you think you may be detained when you go to court, you can talk to a lawyer about filing a habeas corpus petition. Some detained non-citizens will be eligible for release by an IJ; others will not. For those who are ineligible, the only option may be a habeas petition filed in the U.S. District Court. A habeas petition is a request to have the legality of your detention reviewed by an independent federal judge. You can ask to be released (if the detention is unlawful), or at least try to prevent ICE from moving you to a far-away detention facility. If you are detained, and if a habeas petition is appropriate, it is important to file quickly, before you are moved to another jurisdiction, and so arranging for help from a lawyer prior to the hearing is crucial.
It is obviously very unfortunate that non-citizens are now at risk simply for appearing in court. Although the courthouse arrests are getting a lot of attention, my sense is that most people can still go to court safely. We will learn more as time goes on, but for now, the more you can prepare for the worst, the safer you will be.
We adopted our daughter from India in 2003. We went through the adoption process in Maryland. Then I applied for her citizenship. It was granted. She has a US passport.
Recently, she requested information from the social security administration. They emailed her saying that their records indicate that she is not a US citizen. We could not find her certificate of citizenship. She requested a replacement certificate. Now she has been directed to go for biometrics? Is that normal? She is asking to change her immigration status. Is ICE arresting people at these appointments? Do you recommend that she bring an attorney?
I think it is normal to do a biometric appointment in order obtain a replacement citizenship certificate. I have not heard about people being detained during the biometric appointments and I do not see any reason why she should be detained. She will need to attend that appointment in order to get her replacement certificate. Take care, Jason
Hi Jason,
Thank you for all you do; your blog has been a lifeline.
I’ve lived in the U.S. for over a decade. I was a derivative on a now-severed asylum case since 2015 and have a pending EOIR case in Newark NJ. I married a U.S. citizen and filed a standalone I-130 last year , which has been pending nearly 16 months. I know I can’t adjust status until my court case is dismissed.
I was just accepted to a doctoral healthcare program. My spouse and I are planning to move for school next year. It’s in a red border state. With only a pending asylum case under the current administration, I’m increasingly anxious. I’ve seen stories of people with pending cases being detained without warning, and I’m terrified that could happen to me , especially while I’m trying to pursue education and serve this country in healthcare.
A few years back, I discovered that my late grandfather served in the U.S. Army. His service as a medical specialist is what inspired my career. I want to give back to the same country that gave him — and me — a chance.
My questions:
1. How likely is it that Newark EOIR would grant termination in a case like mine now that Trump is back in office?
2. Is there any point in filing an I-485 now just to trigger movement?
3. Would a congressional inquiry help speed things up? I’ve already prepared a congressional inquiry packet to my representative to help expedite my I-130. Do you think it’s worth emphasizing that I’m an essential healthcare worker and a descendant of a U.S. Army veteran ?
Thank you again. Your time, insight, and advocacy truly mean the world to those of us trying to do this the right way.
1 – Most likely, they would only terminate the case if the I-130 is approved and you present evidence that you are eligible to adjust status (i.e., get the green card in the US). You can always ask to terminate based on the pending I-130, but it is probably unlikely to work. 2 – I do not know that filing the I-485 will help with the I-130, but there is probably no harm in doing so. The one risk is that there are different ways to pay for the I-485, depending on whether or not you are in Immigration Court, and it is possible that if you file and pay for the I-485 while in court, you will have to pay again if the court case is dismissed. There is probably less risk of this if you pay USCIS the normal way (as if you were not in court), as the court will probably accept the payment receipt, but there is probably some risk of losing your money if you pay now. 3 – That may help and is worth a try. You can also write a letter directly to USCIS and ask for them to expedite. Again, it probably won’t help, but you never know, and it won’t hurt. Also, if you do move, you are required to file a change of address (form EOIR-33). However, you are not required to ask the court to move your case, and so even if you move, your case may remain in Newark (though sometimes, the judge will move the case whether you ask for that or not). Take care, Jason
Jason,
Thank you for what you do.
According to your experience, is Arlington office in Virginia hostile while on the interview?
Are there any case where people were arrested by ICE prior or after the scheduled interview of someone who has been in America for 5 years and filed pending asylum on time, avoiding overstaying initial visa?
Is it better for the case to have a lawyer on the phone, or will this create even more hostility?
In my experience, they are generally not hostile. I have not heard of any examples where a person was arrested at the asylum office under similar (or really any) circumstances. I think it is helpful to have a lawyer for the case, and if you want a lawyer to attend the interview by phone, that is possible, but they have to fill a form in advance. The lawyer would normally contact the asylum office about that. You can find their email if you follow the link under Resources called Asylum Office Locator. That is pretty normal and I do not see why it would create any hostility. Take care, Jason
Hello Jason!
I entered the US 10 yrs ago. Applied for asylum due to change of conditions in home country. I had my interview 2 wks ago and was given a notice to pick up decision beginning next week. I have no removal orders, or convictions.
With the current situation, if i get referred to court, what are the chances to get detained at master hearing? With everything we are seeing on TV I’m very scared and stressed. Also, do you or anyone else have an idea of lawyer for the court?
Is it possible to have the hearing online?
I’m married to a USC and pending i130. No interview yet. The interview itself went well at the Houston FO. Just praying everything works out. Thank you for the support!
I think the chances of you being detained is low, and if they did detain you for some reason, you would be eligible for release on bond (at least based on what you wrote above). If you get referred to court, you usually have a month or a few months before the first court date, so you can try to find a lawyer during that time. The lawyer can help with doing the Master Hearing by video or in writing, if the judge allows that (most judges do allow that). Also, it sounds like you have a path to a GC based on the marriage. In short, while it is a very frightening time, your situation sounds good and I think it is very unlikely that you would be detained. All that said, hopefully, you can just win the asylum case and be done with all this. Take care, Jason
Hi Jason! I would like to thank you for everything you do for this community. I wanted to share with you that I got granted asylum today! I picked up my decision and it was an approval!!! Finally! As I mentioned, I do have a pending I-130 and 485. Do I need to attend that interview? Can I get GC through that or do I need to withdraw that application?
Congratulations! And thank you for sharing. Since you already paid for the I-130 and I-485, it seems to me that you should just complete that case (unless there is some reason you do not want to). If it is a marriage case to a US citizen, and you get your green card based on the marriage, you will be eligible to apply for citizenship in 3 years (instead of the usual 5) as long as you are still married, and so the I-130/I-485 will likely get you to US citizenship more quickly than the asylum (where you have to file – and pay for – an I-485 to get a Green Card). Take care, Jason
**”Why does the asylum officer keep the original passport and documents during the interview? At my asylum interview in Massachusetts, the officer kept my original passport and supporting documents. Has anyone else experienced this? Does keeping the passport mean a denial? I would really appreciate any guidance or shared experiences. Thank you!”**
—
Normally, they take original documents and copy them, and then return them. I have recently heard about that keeping some passports after the interview, but in my experience, this is not, and I am not sure why they are doing it. It is obviously not good, as you need the passport as an ID. I suppose you can email them to ask for the passport back – you can find their email if you follow the link under Resources called Asylum Office Locator, but they are not very responsive and if they kept the passport, I think it is unlikely that they will return it. Take care, Jason
Thank you for this. Could you please clarify, how one is suppose to go back to their home country id USCIS keeps their original passports? For example, there is a denial after the interview and the passport is kept. The person does not want to file a suit and wants to mind their own business going back to their country (or any other third country). The passport is technically simply stolen now?
You may be able to get a document from your embassy that allows you to leave the US. Alternatively, if the case is referred to court, you can tell the DHS attorney (the prosecutor) that you want to leave, and maybe they can facilitate the travel and get you the passport. In years past, I remember that DHS was able to somehow deliver the passport to the person at the airport when they were leaving the US, and maybe that is possible. If the case is not in court, you can try emailing the asylum office to ask about that and tell them you want to leave – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
I applied for my husband’s work permit and for myself my work permit was processed and his is taking so long. What are the common reasons that Uscis does not process applications do we need to worry about it? Is it a red flag based on the situation we are facing in so many states or is it going to be processed and sent they are just too busy and shortstaffed
If he got a receipt and if he filed before his old card expired, he automatically gets the card extended by 540 days, and he can use that to work or get a driver’s license (at least he should be able to get a license – some DMVs are more difficult). It is common to see family members apply at the same time and get a decision at different times, and so that is not really a worry, unless maybe he has a criminal issue that could effect eligibility for the card. Otherwise, as long as he has the receipt, he should hopefully receive the card soon. Take care, Jason
Hi Jason, I just wanted to ask you if the embassy I belong to is not helping me to issue the passport and I have no way out. Is it safe for me to apply I 131 to the Uscis take a refugee travel document and exit US I have no intentions of coming back and I don’t have a passport that is being given to me by my Government. What are my other options? Is there an organization that can help me or do I need to hire a lawyer to deal with this on my own.
You can only get a RTD if you have asylum or refugee status (or a green card based on that status). I do not have enough info here to understand your situation, and so it is difficult to think of ideas for you, but if you have some status in the US that allows you to get an RTD or Re-Entry Permit (both using form I-131, available at http://www.uscis.gov), those should allow you to travel, though not all countries recognize them for purposes of entering. Probably you should talk to a lawyer about the specifics of your situation to see what can be done. Take care, Jason
Hey Kayra, I am sad to hear about your condition
Can you tell me which country are you from, you can always contact the higher authorities in the embassy of your country and ask them to issue an emergency passport which is valid for 30 to 60 days and help you to get on the plane as the flight authorities won’t allow you to board unless you have a valid passport.
Dear Jason,
Thank you for helping people.
I have one question, please: what if Trump invokes the insurrection act or marshal law due to the what is goin on on the streets now. I have a feeling this will change all the laws to include the immigration law. Will it? Will all be on hold? Is there any legal example?
Thank you!
It’s pretty clear which direction this is headed. Whether he will do that or whether it might be blocked, we shall see, but it seems that the President will keep making up fake stories of invasions and insurrections to use as an excuse to attack non-citizens and citizens alike. It is amazing how quickly we go from a functioning democracy to an autocracy. Take care, Jason
Hi Jason,
My I-730 petition was approved but I recently moved. This is for my son who is abroad. I submitted a request online via the USCIS website to change my address but I don’t know if it went through. I can see that they approved my I-730. How to I obtain my invoice ID number from the NVC? I submitted a Public Inquiry Form online about my case and asking them to update my mailing address. They located my case but they responded that they just received it. They said the welcome letter will be sent to the address they have on file without even responding to my request to change my mailing address. Is there any other way to change my address for the NVC? I just need to be able to proceed with further steps and need my welcome letter from the NVC with instructions.
Thanks!
I think you should receive a notice by email as well as a paper notice, and so hopefully, you will get it either way. I do not know about changing the address with the NVC, sorry. As far as I know, the Public Inquiry Form is the only way. Also, if you filed the online change of address with USCIS, that should work, even if USCIS does not acknowledge the change of address. Take care, Jason
Hi Jason,
Is it still okay to travel with Pending Asylum Advance Parole (Travel Doc) outside the U.S?
My country is on the list of Full Restrictions on Travel Ban. Thank you!
I plan to post about this tomorrow, but as far as I can tell, there is no guidance about this, and until we know more, I think it would be risky to travel with AP. You may not be able to return to the U.S., and so I think if you can wait to see how the ban is implemented, maybe that will give you a more clear picture of whether it is safe to travel. Take care, Jason
Dear Jason,
Thank you for everything you are doing, especially during these times.
My asylum case has been pending since 2015. During this time, I have had my EAD replaced multiple times.
The last time I updated my EAD, I received it with a typographical error caused by USCIS (November 2024).
I contacted USCIS, and they instructed me to return the EAD to the Lee’s Summit Production Facility along with a cover letter explaining the situation and supporting documents, which I sent in December 2024.
I also submitted an electronic typographical error request and received email “Expect a reply by January..”
When I didn’t receive any reply, in February 2025, I sent another follow-up letter to USCIS. And later, in mid February, I received a email from the Nebraska USCIS Service Center that my electronic request had been forwarded and that I should expect a response within 60 days.
When I did not receive any updates, I opened a USCIS Ombudsman case, and they indicated that they would begin working on it within 14 business days.
After no further updates for a month, I contacted USCIS again by phone and chat. I also submitted an assistance request through my U.S. Senator’s office.
Today, I received a call from USCIS. The officer informed me that my EAD was destroyed in December 2024 and that I would need to reapply and pay the fees again. I explained that the error was made by USCIS and referenced all of my previous requests, but the officer repeatedly stated, “It was destroyed; you must reapply,” and ended the call.
I would like to kindly ask for your advice in this situation – Based on your experience, should I wait for a reply from the Senator’s office (likely they will tell me the same), or should I give up and reapply and pay the fees again? (I don’t want to give up, but where are no justice)
Thank you again for your time, help and guidance.
Unfortunately, USCIS is a disaster and so it is not a surprise that they would make an error and then punish you. My feeling is that if you need the EAD, it is better to just re-apply. Maybe you want to request a fee waiver (form I-912) if you are eligible. You can try to fight as well, but it may be more trouble than it is worth, and you may not get the EAD any time soon. Also, for what it’s worth, USCIS eliminated the Ombudsman’s Office, since – I suppose – they saw no need for an office that was designed to help immigrants. Take care, Jason
Hi Jason,
Hope all is well with you.
My master hearing is in 3rd week of July 2025.
I have been waiting for decision for more than 11 years since I applied for asylum.
In a couples of days I need to meet my attorney
So can you tell me what should be my questions and queries for up coming master hearing.
Appreciate for your suggestion.
Regards
Jhampa
Questions for the lawyer? It really depends on the case. Hopefully, the lawyer will explain what will happen at the Master Hearing and after that, and give you an idea about your case and what needs to be done. I wrote about what happens at the Master Hearing in a post dated March 7, 2018 if you are interested in that. Take care, Jason
Hi dear Jason, I submitted i485 on nov 2024 based on granted asylum.
I have my country passport can I use it for domestic travel since getting real id is taking some time for me.
I was thinking using my own passport can create some problems on greencard interview, need your opinion on that.
Thank you.
If you have a work permit, you should be eligible to get a REAL ID driver’s license or state ID, which should be enough. Otherwise, there is a list of documents you can use for domestic travel here: https://www.tsa.gov/travel/security-screening/identification. Take care, Jason
My EAD is expired and DMV is not accepting any other documents, need to wait until I get the new EAD which might take months, but I have work which needs for me to travel.
Do you think using my country passport with in United States for domestic travel can create a problem for me on my greencard interview?
I renewed my COP passport before I was granted asylum, officer didn’t ask much about it back then but I’m not sure about this time as things have changed.
I doubt using the country passport to travel domestically would have any effect on the GC case, but it does not hurt to be able to explain why you used the passport (as you basically did above). Take care, Jason
Hey Suli, I recently fly from Chicago to Dallas TX with 3 friend and all of didn’t had real id we didn’t had any issue, TSA didn’t check that. If you don’t have real id fly with regular driver license and get your work authorization just in case.
Much appreciate that bro, I will try to do it.
I was just concerned that I don’t have real ID but will give a shot may be they will let me in.
The rule changed in early May 2025, and so I think you need to be sure our have the proper documents to travel domestically now. Take care, Jason
Hi Jason
My wife and I are both US citizens via asylum although from different countries. My wife is from a country under Trump travel ban. Its been over 7 years since I became citizen and 3 years for my wife. . We are planning on visiting my home country to attend a close relatives wedding in September. Is it safe for my wife to visit and come back or should we expect detention and interrogation? Yes, I do realize that we are citizens and have the right to re-enter, but normalcy does not exist. Have you heard of US citizens from banned countries facing issues?
Hey Jason,
My green card application was denied because my mother changed her status from green card holder to U.S. citizen before my application was processed. She had a green card when I filed the application, but she became a citizen before they reviewed it.
I was advised to file the I-589 application because of this issue, which I did and sent in. However, I have not received any response, and it has been over a year. I tried contacting USCIS, and they told me they don’t see any new application from me. My guess is that the post office may have lost it.
What should my next steps be in this case?
Thank you in advance for your help!
The ban is too new to know, but I think it will be safe to travel. I have heard about citizens who originally received status based on asylum getting stopped at the airport and being subject to additional inspection. This can be very inconvenient and stressful, and maybe frightening. However, I have not heard about anyone being rejected from entry or having any more serious problem than delay and stress. She and you might plan for extra time at the airport, but otherwise, it should be ok. Take care, Jason
Hi Jason,
I hope you’re doing well. I initially filed my case with the Boston office, but had to relocate to Philadelphia due to financial constraints. Now, my family and I are planning to move to Virginia because my kids are having a hard time adjusting to Philadelphia.
My question is: how would this move affect my chances of receiving an interview call? I understand that the Arlington office prioritizes cases filed within the last 21 days, followed by older pending cases, starting with the most recent. Since I’m transferring from one office to another, will my case still be considered a newer filing? I know it won’t be considered to be pending for 21 days since I filed in December 2024. By newer filing, I meant will still be considered to be pending as of December 2024 and scheduled accordingly.
Thank you, and I hope my question makes sense.
If you move offices, you keep your same filing date. I have not yet seen cases from December 2024 receive interviews in Arlington, but it is still a relatively new case and so that is possible. You should make sure you have your evidence and are ready to go, just in case they call you for an interview. Take care, Jason
Thank you, Jason. Out of curiosity, what types of expedited requests typically lead to a faster interview? I recently contacted the Boston office due to my mother’s deteriorating health and my desire to see her in a country closer to my home. Unfortunately, my request for an expedited interview was not approved. It’s disheartening, as I’m not sure if I’ll have the chance to see my mother again. But I wonder, what exactly they need to consider my request?
In my experience, the type of request you made (to visit a sick relative) usually does not work. From their perspective, you can get Advance Parole to do that (I wrote about AP on September 11, 2017). The better reason is your own health issue, or maybe a problem for a spouse or children who are overseas and waiting to join you (since spouses and children can join the principal applicant in the US is asylum is granted). I wrote more about expediting on March 23, 2022, but these days, it seems most people who want to expedite need to file a mandamus lawsuit. Take care, Jason
Hello Jason
I have been granted CAT in february 2024
And i appealed it to the BIA to ne granted asylum
And also the judge found me credible
1- it’s been a year and 4 months since i appealed how much time should it take more?
2-is it possible to get denied under the trump administration?
Thank you
1 – The wait time is very unpredictable. Most cases where there is a lawyer seem to take 2 to 5 years. Cases without a lawyer tend to go faster; a few months to a year or two. At least this has been my experience. 2 – If DHS (the prosecutor) did not appeal the CAT grant, than it is very unlikely to be changed, but certainly, they can deny your appeal so that you only have CAT. If that happens, they could try to send you to a third country (not to the country where you fear torture). It is unclear how often they try to do that, but I wrote about it on March 12, 2025. At this point, while the appeal is pending, you are still considered a person with a pending asylum application and they cannot attempt to send you to a third country. Take care, Jason
I was granted asylum. Few months after my grant, I applied online for my home country passport nd they approved nd sent me here in the US with no questions asked or interacting with the embassy. Could this negatively affect my status? I’m asking because I see on the refugee document form a question about if I applied for my home country passport. Scared to answer Yes
I doubt it would have an effect. However, you should be prepared to explain why you applied for a passport and why a government that seeks to harm you would issue you a passport. Obviously, this should be pretty easy to explain if you fear a non-government actor, such as a terrorists, but it is more difficult to explain if you fear the government itself. I wrote more about this issue on May 25, 2022. Take care, Jason
Thank you, Jason, for this insightful article. I have a few questions, as I’m concerned because my mother and brother entered last year through the border wall and both don’t have a lawyer yet and have a master hearing coming soon.
1. Does this DHS request for termination usually happen at the final hearing after a judge issues a denial, or does it occur during a master hearing?
2. If someone is placed under an expedited removal, are they guaranteed a hearing before an immigration judge while in detention, or can DHS proceed with deportation without involving a judge?
3. What is the process for requesting a court hearing delay?
4. What is the process for requesting to attend a hearing by video? We were previously told that only individuals with legal representation could attend remotely, even when the hearing is listed as “online” on the immigration court’s website.
Appreciate your help and insights
1 – As I understand, it is more common at the Master Hearing. 2 – They are not guaranteed a hearing with a judge. They can request a CFI (as discussed in the above article), which they should get, but if they fail the CFI, they will be removed from the US. An IJ can review a CFI denial, but that is only on the papers (they do not get to talk to the judge). If that is also denied, they could be deported as soon as the government arranges travel. 3 & 4 – Without a lawyer, I doubt they can get a delay or change to a video hearing. I do think they should get their asylum case filed with the court as soon as possible. That offers some protection, and if they are forced to do a CFI, at least they will have already thought about the basis for the asylum claim. I think they should also try to get a lawyer as soon as possible, as people without lawyers are even more vulnerable than people with lawyers. I still think the majority of people at Master Hearings will be ok, but there is just no way to know, and so if they can get a lawyer (who can maybe request a video hearing or find some other way to avoid the Master Hearing, such as filing a motion or filing written pleadings) and file for asylum, that would be safer. Take care, Jason
Hello Jason,
My 26 year old nephew is in Turkmenistan and his I-730 was just approved on May 21, 2025. However, Trump imposed partial travel ban for Turkmenistan this week. I’ve been trying to understand if there’s any exemption for my nephew but still confused. Do you think that my nephew will not be able to obtain visa using his approved I-730 and join his father in the U.S.? His father was granted asylum in 2018 and currently has a green card. His father will be eligible to obtain citizenship in 2028. We are hoping that I-730 can still work for my nephew but the language. An be interpreted as if he’s not going to be allowed to get a visa under this new ban.
Thank you. I appreciate your help.
Hello Maysa.
Congratulations on your nephew’s I-730 approval. Did the document you received from USCIS say that the I-730 was approved or just transferred to the US Embassy for interview? My kids’ applications were transferred to the US Embassy for interview since March 2025 but they have not been scheduled for interview yet. Please advise.
Hello Okay,
Thank you! Congrats to you as well! We just received the approval notice from the USCIS. The latest status says that the case has been transferred to the DHS for visa processing. I contacted the NVS and my nephew’s case hasn’t been received from the USCIS.
The NVS said it takes up to 6 weeks for a case to be received by the NVS once it’s approved and transferred to the DHS.
Thank you for your response Maysa. Mine didn’t say approved though the case status says decision. However, it says that the case was transferred to either USCIS International office of NVC for visa processing. The letter USCIS sent me stated that it would take up to 8 weeks for the files to make it to the Embassy or NVC but since March 6, 2025, I haven’t heard anything neither from the Embassy or NVC. I was informed that there has been a pause of the processing of form I-730 but since USCIS approved your nephew’s in May, I guess we need to keep hope. Please keep me informed how the situation of your nephew progresses.
I have not heard about a pause on I-730 cases, but the government is not very transparent about what it is doing, and so that may be possible. However, we have an I-730 case that I am working on now where the person was just scheduled for an interview, so at least that case was not paused. Delays are pretty common though. You can try inquiring with the NVC here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html. You can also Google the embassy website, which should have an email address for immigrant visas, and you can email them to inquire. Take care, Jason
That’s a very good news for me and my kids then Jason. Can you remember when was the application approved and sent to NVC or US Embassy? Thank you for all you do for this community Jason.
All of that was within the last few months, and the interview at the embassy is late this month. Take care, Jason
I am less certain about this for countries with a total ban, but for countries with a partial ban, it seems pretty clear that the dependents are able to come to the US using the I-730 process, so I think he will be able to come here. As I understand it, the partial ban only applies to certain types of non-immigrant visas, such as students and tourists. It should not affect asylee follow to join cases such as your nephew. Take care, Jason
Mr. Jason. Thank you for all the great work.
Would arrests that made me qualify for asylum (political prosecution) cause an issue in my N-400 process? I know that it shouldn’t, but I feel this administration would look for anything to disqualify you even if those same arrests were the subject core of my approved asylum claim (Green card approved too.). Should I be ready to explain everything again?
Assuming they were political arrests, I do not think that would have a negative impact on an N-400. You do need to mention the arrests, as they were already mentioned in the I-589 and hopefully also in the I-485. You can provide an explanation at the end of the N-400 form on the supplement page, and note that it was a political arrest (if that is the case) and that you discussed this in your asylum case. Take care, Jason
What if it were mentioned on the asylum application but not on the i-485 ? What’s gonna be the situation during the N-400? Does declaring that on the N-400 form and during the interview shall fix this issue before they accuse the applicant of trying to hide something?
In that case, I would provide an explanation about why you failed to mention the issue in the I-485, and include that explanation with our N-400 (maybe in a separate letter). In case like this, I think it is best to explain in advance, and when people do that, it is usually fine. Take care, Jason
Hi Jason,
I was granted asylum in 2021 and received my Green Card in 2023; however, it incorrectly states “Resident Since 2023.” From what I understand, it should’ve been backdated to 2022. I’m unsure if I should submit a correction through Form I-90 or leave it as-is.
Would applying for the correction be wise, or could it risk bringing unnecessary attention to my case given the current situation?
Thank you for your insight.
This sometimes happens. It is up to you, but I have encouraged client with this problem to not correct it. To correct it, I think you need to send in the original card, and given how dis-functional USCIS is, I fear that trying to correct the error would lead to worse problems. However, it is their mistake and if you want to try to fix it, you can use form I-90. There is more info on this website, but you have to scroll down to where it talks about Permanent Resident Cards: https://www.uscis.gov/tools/uscis-tools-and-resources/immigration-documents-and-how-to-correct-update-or-replace-them. Take care, Jason
Hey Jason,
My green card application was denied because my mother changed her status from green card holder to U.S. citizen before my application was processed. She had a green card when I filed the application, but she became a citizen before they reviewed it.
I was advised to file the I-589 application because of this issue, which I did and sent in. However, I have not received any response, and it has been over a year. I tried contacting USCIS, and they told me they don’t see any new application from me. My guess is that the post office may have lost it.
What should my next steps be in this case?
Thank you in advance for your help!
In this case, you need to file a “nunc pro tunc” asylum. This is basically a formality where you have to prove your relationship with your mother, but you do not have to prove that you fear persecution in your country. Once you prove that, you will get asylum in your own right (as the principal) and you can adjust status (get the green card). I wrote more about this on February 10, 2022, near the bottom of that post (the links about filing may be outdated, so check the http://www.uscis.gov website for form I-589 and look for instructions about nunc pro tunc). In this case, if there is no receipt, you may need to file again. I would talk to a lawyer first about this. Also, if you mailed the application to the wrong address, USCIS may have received it but just disappeared it (there are different filing addresses for the I-589, depending on the reason why you are filing). Anyway, I recommend you talk to a lawyer to review what has been done and make a plan to either file again or try to find out more about what happened to the first application (maybe by getting a copy of your file, which you can do if you follow the link under Resources called FOIA USCIS). Take care, Jason
Hi Jason,
I saw some videos that people were detained because they overstayed their visas. To type of people this apply? I also overstayed my legal stay before filling my asylum on 2018, and I was B1/2 visa. My case is pending decision in asylum office, and I am originally from Afghanistan.
There are very few examples that I have heard about where people with pending asylum cases are detained, and most of those involved people with either some type of prior immigration violation or a criminal conviction. I do think it is a good idea to gather your evidence and have your case prepare, just in case you are detained, but I think it is unlikely to happen, and I do not know of an example where a B visa person was detained while they had a pending asylum case. Take care, Jason
Hi Jason,
I just read the new executive order banning travel for nationals of 12 countries. I know it’s too early to know the full extend of the application of the ban. But are immediate family members, such as children of naturalized citizens, who are still nationals of those countries, still able to get visas? There are exemptions to direct family members of green card holders etc… but I’m not sure if the exemption only applies to direct family members who already possess visas.
I have only read it briefly, but it looks to me like minor, unmarried children of US citizens from banned countries are exempt from the ban. Also, spouses of US citizens would be exempt (minor unmarried children, spouses, and parents of adult US citizens are “immediate relatives” under the immigration law). However, it looks like they will want additional information about the familial relationship, such as a DNA test. Take care, Jason
Yeap finally he dropped a bombshell ????
https://www.bbc.com/news/live/cvgqwyxxpzgt
Hi Jason, do you think this new travel ban will effect travel for green card holders from those countries?
What about asylee who has green card pending and has refugee travel document is it safe to travle?
It seems like people with asylum are not affected by the rule, but I think it is not 100% clear and so maybe wait a bit to see how the file is applied. Take care, Jason
I really appreciate for your response, can you please let us know cause i am going to turkey embassy next week to grt visa and i want ti book a flight its been 10 years have not seen my family, thank you so much. I have pending i-485 .
I plan to write more next week, but if you have a green card, it seems that the ban does not apply. I do think we need to see how it is implemented to have a better idea, but at least at this point, it seems that GC people are not affected. Take care, Jason
I only looked at it briefly so far, but my understanding is that green card people are not affected. I am not yet sure about asylees, people with Advance Parole or people who already have visas. Take care, Jason
Hello,
I’m an asylee and i have GC pending. How legit is my status?can IcE do anything to me? I have A5 EAD and i-94 copy with me.
You have a stable status in the US, and I do not think USCIS can do anything to you, unless you commit a crime or they determine that you previously committed immigration fraud. Take care, Jason
Congratulations ME for your green card application approval. Your asylum based green card approved with or without interview?
Thank you
No interview at all, just an approval.
Hi Jason. They previous administration had allow people to submit their green card application right after asylum is granted. Do you think this rule is still in effect? I am at 8 month after asylum grant but I am afraid they might change the rules after submitting my application.
Also, how do you prove one year presence after asylum, I never left the country and I have no intention to travel but what document would prove the one year residency?
Rule is still in effect, if you apply and it accepted, even if the rule changes you will be fine, it doesn’t work retroactively.
You Do Not have to prove your 1 year presence if you have never left the country….yoy will provide i94 and or other proofs and that will be sufficient, if they have questions about it,unlikely, they will RFE to you.
The rule is the same, and I wrote about that on February 8, 2023. We have never submitted proof of the physical presence in the US, and USCIS has never asked. If they ask, you can submit your passport, work or school records, taxes, letters from people who know you, etc. I doubt you will have a hard time proving your presence in the US, and I doubt USCIS will ask for that. Take care, Jason
My green card based on asylum was approved this week card being produced, despite the pause on those application, it took a bit of year.
Can I apply for reentry and RTD at the same time?
Congratulations!!! It looks like a lot of people grt it! Were you asylum granted in court or office?
Now about your question,
You CAN apply for both, but the problem is that for reentry permit you need passport. You can try, why not?
Also, the tricky thing is here that as a GC holder you shouldn’t be out of the country for more than 6months, but RTD is valid for 1 year and you can get back in the US until the last day on your RTD….I don’t know if that fixes the 6 month issue…
What state you applied for your Gc in?
It was granted by asylum office,I think my application was in Missouri service center as it has MSC
Congratulations ME for your green card application approval. Your asylum based green card approved with or without interview?
Thank you
I did not do interview .
TM, Congratulations!!! When did you apply? Glad to hear this.
If you have asylum or refugee status or you have a GC based on either status, you can apply for an RTD at any time. Use form I-131, available at http://www.uscis.gov. Take care, Jason
Congratulations!!! When did you apply? Glad to hear this.
Hi Jason, saw this: https://www.cbsnews.com/news/asylum-seekers-work-permits-trump/ — looks like a new rule may block work permits for asylum seekers. If it passes, do you think it can be challenged like the Trump-era 365-day rule? If not, any idea what options we’d have — benefits, health coverage, agencies to reach out to? USCIS won’t hit 180-day processing anytime soon, and without EAD we’ll be left with no means to support ourselves.
We will have to see, but I do think such a rule could be challenged. Whether the Supreme Court (the ultimate decider) will block such a rule, I have my doubts, but we will have to see. Take care, Jason
The doubts you have could be trivial or significant.
Would you be able to fit your feelings towards S.C.’s attitude on this matter into the following categories:
Likely ruling in favor asylum seekers, Lean, completely neutral, lean in favor of the govt, or likely ruling in favor of the government ?
Not able to work is a big deal. Based on your opinions, I can prepare better.
I really do not know, but the Supreme Court has been pretty deferential to the President on many immigration matter (but not all immigration matters). I would say that if your work permit is expected to expire in the next year or two, you may want to apply to renew now, so you can (hopefully) get the 5-year card before/if the rules change. Take care, Jason
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Hi Jason, thank you for your reply, I have a follow up question – can DHS revoke existing work authorizations? Mine expires in 3 years, can they implement a rule and my ead gets revoked before that?
They can try, but that will be difficult, as you have the physical card. I think they will not do that, as it will likely be ineffective, but I guess we will see. Take care, Jason
Hello Jason,
Thank you very much for your time. As you know, this potential rule change is a major issue for many of us. Would you mind sharing a bit more of your thoughts on the following?
1. Will the change to the adjudication timeline in the proposed new rule apply retroactively to individuals whose initial or renewal work permit applications (based on pending asylum) have already been submitted and are currently pending? This was largely not the case during the last administration when similar changes were attempted.
2. Based on the CBS reporting, how quickly do you think the new rule will be implemented?
3. What are your thoughts on the future of the Rosario class action case?
Much appreciation for all you do!
Best,
Bill
I have no info on when or if there will be a rule change. At this point, we just don’t know and we will have to see what happens. However, I do think there could be reasonable court challenges to stop them from eliminating work permits for asylum seekers. I worry that ultimately, the Supreme Court might allow the government to end work permits, as the court seems pretty willing to defer to the Administration, but we will have to see. Take care, Jason
It seems the court is very partisan. They tend to endorse republican positions and they seem to be pretty willing to challenge democratic president…is my observation accurate ?
The nicest thing we can say is that since they were appointed by Republican presidents, they tend to hold similar positions as Republicans. That may be too generous, as a few on the court seem to be extremist in their partisan views, and so I would say that your observation is pretty accurate. Take care, Jason