Asylum seekers and other non-citizens who have been in the United States for 10+ years and who have certain U.S. citizen or Lawful Permanent Resident family members may be eligible for Cancellation of Removal (COR), which allows you to get a Green Card.
In this age of more aggressive immigration enforcement, COR is another way for eligible non-citizens to remain in the United States.
COR is only available to non-citizens who are in Immigration Court. If you do not have a case in court, you cannot apply for Cancellation of Removal—the whole point is that you “cancel” your removal and become a Lawful Permanent Resident (i.e., a Green Card holder). So COR is quite a good benefit, but how does a person in court obtain COR?
Let’s start with the law. To qualify for COR, a non-citizen must meet the following requirements—
- has been physically present in the United States for a continuous period of 10+ years;
- has been of good moral character during the 10-year period;
- has not been convicted of certain criminal offenses; and
- show that removal would result in exceptional and extremely unusual hardship to certain U.S. citizen or Lawful Permanent Resident family members.
First, you need at least 10 years in the United States prior to the date when a court case begins. How do you know when court begins? You receive a document called a Notice to Appear. The NTA explains why the U.S. government believes you can be deported. If you had a case at the Asylum Office and that case was referred to Immigration Court, you will receive an NTA. The NTA is dated, and the date on the NTA “stops the clock” for purposes of COR. So if you receive an NTA after nine years in the U.S., you would not normally be eligible for COR, even if your court case takes more than one year (there are exceptions to many of these rules, so talk to a lawyer about the specifics of your case).
Second, you need to show that you do not have any disqualifying criminal convictions. If you have been convicted of a crime, talk to a lawyer about eligibility for COR, as some crimes will block you from COR, and others will not, and it is not necessarily obvious which crimes are disqualifying.
Third, to obtain COR, you have to show that you are a person of good moral character. In general, people without criminal convictions are considered people of good moral character, but you should present evidence of your good character, such as proof that you worked and paid taxes or attended school, letters from people who know you, evidence of volunteer work or involvement with your religious community, etc. If you have a criminal conviction (or even an arrest), it would be a negative factor when evaluating your character, and so you would want to present evidence of rehabilitation, such as classes taken or meeting all the requirements of your probation.
Fourth, you have to show that you have a U.S. citizen or Lawful Permanent Resident spouse, parent or child (under 21 years old and unmarried) who will suffer “exceptional and extremely unusual hardship” if you are deported. In other words, the government doesn’t care much if you yourself will suffer a hardship, but it does care if your U.S. citizen or LPR relative suffers.
To show hardship to relatives who will return to the home country with you, you can present evidence of mental or physical health problems or learning disabilities that cannot be treated in your country. You can also show that conditions in the home country are dangerous and that the relative will be unsafe there. For asylum seekers, if you will be detained, harmed or killed in your home country, that could qualify as a severe hardship to your family members. Economic harm or loss of job opportunities might also qualify as a hardship, though usually this is more of a stretch.
If the relative will remain in the U.S. after you leave, you have to show that your absence will be a severe hardship—the family separation alone is not enough. Evidence that you take care of your relative’s mental or physical health needs, education, and/or economic needs would be helpful. Also, again, for asylum seekers, evidence that you will suffer persecution in your home country might qualify as a hardship to your relative who remains here.
Finally, if you satisfy the legal requirements for COR, you must show that COR should be granted as a matter of discretion. This is similar to the good moral character requirement, and presenting evidence that you are a good person will help demonstrate to the judge that you “deserve” COR.
If COR is granted, you do not immediately get a Green Card. Instead, once COR is granted, you get in line, where you wait for a Green Card to become available. The wait time is difficult to predict. My most recent case was approved for COR in August 2021, and my clients only received their Green Cards a few months ago, so the wait was about 4½ year. My guess is that wait times have increased since then, and so a five or six year waiting period would not be surprising. The good news is that you can get a work permit during the wait.
If you think you might qualify for COR, talk to a lawyer, as the requirements can be confusing and difficult to meet, and it is important to have someone review the specifics of your situation. Know also that a person in court can apply for asylum and COR (and any other forms of relief that might be available). These days, if you qualify for more than one form of relief, you would be wise to apply for all types of relief, as it gives you more opportunity to obtain legal status and remain in the United States.
[…] to apply for asylum, Withholding of Removal, relief under the UN Convention Against Torture, and Cancellation of Removal. The question for him and his family is whether fighting his case and trying to avoid deportation […]
[…] appeal a case in Immigration Court, the old fee was $110. The new fee is $1,010. An application for Cancellation of Removal for Non-permanent Residents in court was $185; now it is […]
Hi Jason, been living in US more than a decade, on my NTA date written as TBD that means clock did not stop right? I had my hearing back in 18 and NTA was received 2015.
Are you talking about the Clock for purposes of Cancellation of Removal? It may be that using TBD makes the NTA defective and so the Cancellation Clock keeps counting time, but I am not sure about that, as the rule has changed several times over the years and it would be a good idea to have a lawyer look at that to see whether you are eligible for Cancellation. Take care, Jason
Hi Jason
I have a question, I’m a Syrian national, GC holder via asylum. As you can see that relations with the new Syrian gov. Is going well and in a matter of time they might re-open the embassy in the States. Do you think it’s Ok to renew my Syrian passport? Not planning to visit Syria, just to facilitate traveling abroad. Second thing I wanted to ask is related to the current administration here, are GC holders (AS6 category) got my asylum in court, do you think coming back to the states -if I traveled using passport-would be high risk? Meaning, might face any problems due to the category of the GC + syrian passport? Also, how to know if the removal has been removed from the system? (since I got my asylum in court). Thanks.
I think it is always better for an asylee, even if they have a GC, to use the Refugee Travel Document (form I-131, available at http://www.uscis.gov). This Administration is very vicious and so it is better to not give them an excuse to question your status. I wrote more about this issue on May 25, 2022. My guess is that if you use your passport, it will probably be ok, but I think the risk is not zero and the RTD is a better option if you can do it. Take care, Jason
Hi Jason
So the new fear of living in the US is that even if u have work permit for 5 years u feel you are not safe.
It is unbelievable that we have to live this way. Can I ask u if the ICE stops us or a police and our work permit cards have gone for renewal, what is it that we need to do or say? Right now we have a drivers authorisaton, it clearly says on it is not a valid form of ID. We have a print out from USCIS stating if we are in C08 category the work authorisation is renewed until 18 August 2026.
Is this sufficient or ICE doesnt listen? What rights do we have ? Do we ask for an attorney if we are stopped ?
Also do you suggest to expedite the case right now ? If we do you think the case will be gone for removal processdings? Please let me know.
If you have an expiring work permit and a receipt to renew that work permit, the receipt serves to automatically extends the old card by 540 days, so that should be enough for ICE. You can also carry evidence of your pending asylum case, such as a copy of the receipt. The National Immigration Justice Center has a good “know your rights” page that may help with some of these questions: https://immigrantjustice.org/for-immigrants/know-your-rights/ice-encounter/. In terms of expediting, you can try – I wrote about expediting on March 23, 2022. I think it will not be easy to expedite, but you can try. I doubt things will be getting better any time soon, and so if you think you have a strong case, there is no harm in trying to expedite, as it is certainly still possible to win an affirmative case at the asylum office. Take care, Jason
Hi sir thanks for this brilliant piece of information I have just checked online case status and interview is scheduled and 10 year period is going to complete on sep25,2025 . What should I do to avail this cancellation of removal option. Because for sure notice is coming in 3-4 days and the interview will be in one month time at end of July and I have two more moths to qualify for cancellation of removal.
Please suggest me what to do?
@JAY
now you scared to get interviewed cause of your fake asylum story you created years ago to stay in America? when i see people like you my hate to trump just get less!!! your asylum fraud people are cheaters and i’m sure this current administration will catch people like you soon!
I see no basis to conclude that the asylum case was fake, and your comment really makes no sense. Take care, Jason
Some asylum offices allow a person to reschedule an interview, and so you might try that. If you cannot reschedule beforehand, maybe you can cause a delay at the interview. For example, if your interpreter does not show up. If you try to do delay the interview this way (or some other way), you risk losing the asylum case and just getting sent immediately to court. At a minimum, you will need to show “good cause” for the delay. I would not try this unless you first talk to a lawyer about whether it is a good idea (and whether you would meet the other requirements for COR). Some people have strong COR cases and others do not, and it is not worth the risk to your asylum interview unless maybe you have a good COR case for the court. Take care, Jason
Hi Jason,
I need help/advise.
My husband’s asylum case has been pending since 2016. We got married summer of 2021 in the US and I went back to the UK. I came back to the US in the fall of 2021 with my child (Now 17yr old) on a waiver and have been here since then. We have 2 babies now. I have an i-130 case pending that was filed by my parents when we arrived in 2021. They are US citizens.
Can I still be added as a dependent on my husband’s pending asylum case ?
Thanks
It is not easy to add a dependent to an existing asylum case, as the system is a complete mess, but you can try. I wrote more about that on March 29, 2023. If you cannot add yourself to the case prior to the interview, it is usually possible to add a dependent at the interview, which is easier, but not as good, especially if you need the work permit while you wait for the case. Anyway, you can try to add yourself and your son to the case, but it is not easy. Take care, Jason
Hello Jason,
My case was closed administratively. But the DHS asked the judge to open it. Last time it was individual hearing and the judge decided to close it until my tps expired but now its new judge and it says a master hearing I was expected individual hearing. What do you advice me?
Thanks
If the case is back on the schedule, you need to attend the hearing and come up with a defense to being removed. I plan to post about this issue (old cases being reopened) tomorrow if you are interested. Take care, Jason
I would love to read it. But I want to be individual hearing so that I will try all my best get the my asylum case approve.
Hi Jason,
I had a question about the green card application, would you recommend that I use a lawyer or is it okay for me to apply on my own. Thanks, Charlie.
Hi Jason,
I have been waiting for my asylum case since 2016. In 2023 I got married and had my handsome son last year, I didn’t file for marriage based green card right away after getting married as I was hoping to do so after 2 years and get the non conditional green card. However I got called in for my asylum interview in April and because I wasn’t prepared, I panicked and sent in my stuff for the marriage based green card. They later cancelled my asylum interview. It has now been rescheduled but so has my marriage based green card interview. Both dates have not yet been advised but it shows it’s been scheduled. Now I have a dilemma on what to do, do I go to both interviews or do I request to dismiss my asylum case and just do the marriage one? Will that have an effect on either case? I only prepped for the marriage one and not the asylum as it would require time to gather new evidence after 9 years. I am a full time mom who also works part time. Please advise. Thank you.
My experience with my local asylum office (Virginia) is that they will not cancel or postpone an interview where the person has a pending GC application. If you have a GC, you can withdraw the asylum case, but until then, they force you to proceed with the interview. I guess you can try to avoid the asylum interview, but since they may force you to do the interview, you should probably prepare for the asylum case as best as possible, so at least you can try to win that. Maybe other asylum offices are more reasonable about postponing. If you fail to attend the interview or if they deny asylum at the Asylum Office, you will be sent to Immigration Court. You can still get your GC based on the marriage, but the process is more complicated and you would probably want a lawyer to help you. Take care, Jason
How you reschedule your interview because I am in the same process and I also want to reschedule my case…
At least in my local office, it is nearly impossible to reschedule, even if you have a good reason. You can try, but ultimately, they may not reschedule and if you fail to appear, you will have to provide an explanation and hopefully, they will reschedule you. Take care, Jason
Hello Jason
I would really appreciate if you help me with my questions.
I was placed in removal proceeding (asylum case) but it was terminated because my spouse is a USC. I got my LPR and we still happily married. My spouse is considering a hybrid job which will make my spouse stay 3 days a week in a hotel near work in a faraway city and 4 days in our home.
1-Do I still qualify for naturalization under 3 years rule if my spouse takes this job? In other words (Does being away for 3days/week for work purposes affect martial unity?)
2-Does previously terminated removal proceeding affect naturalization process, make delays or discussed during the interview?
3-Is it a must to hire a lawyer for my case?
Thank you.
1 – Yes, as long as you are still legally married. 2 – I doubt it, but USCIS will review your entire file, and so if there is something in the old case that you think may be problematic, you should decide how to deal with that and maybe talk to a lawyer. 3 – That is up to you. If you have a “clean” case – no criminal issues or immigration problems such as prior removal orders or fraud charges – you can probably do without a lawyer. However, since everything is so nasty these days, it may be worth it to have a lawyer to help you just in case you run into any issues. Take care, Jason
Thank you.
Just confirming if I got it right,
It wouldn’t be a problem applying under 3 year rule even if my spouse leaves our home for 3 days a week for job purposes and of course we are legally married? Correct?
Yes.I really do feel during this time even for (clean cases) having a legal representation is very important.
Does your law firm take cases in different states?
Thank you very much.
As long as you are still married, and can prove that with evidence, it does not matter if you spend some time apart for work. As for our firm, we can do cases in any state. Take care, Jason
Dear Jason do you think it’s a safe to travel out of the country as Greencard Holder (Asylum based) now with US Refugee Travel Document (I will not visit the COP of course) just a short tourism trip. Many people telling me to reconsider leaving US but I have a clean record, have greencard and RTD so I don’t see the problem?
Nothing is 100% these days, as the government is untrustworthy and keeps changing its policies. However, I have not heard any news about GC holders being detained or having trouble re-entering under these circumstances. I think to some extent, we have to live our lives despite the nastiness of the current Administration and each person needs to make their own decision in that regard, but for me, I see no compelling reason to avoid travel. Take care, Jason
If you’re in court because your asylum case wasn’t prima-fascia approved by the Asylum Office in the first place, would the judge adjudicating the COR still consider the fear of persecution from your home country for the purpose of justifying the US citizen’s hardship?
If you listed that as one of the hardships your family member will suffer, the judge should consider it (i.e., that the US citizen or LPR family member will suffer an extreme hardship if the non-citizen family member is persecuted). We’ve done that successfully in prior cases, and so it can sometimes help. Take care, Jason
If the judge accepts that a non-U.S. citizen would be persecuted if they return to their home country, does that mean the asylum case should be approved? I mean if the applicant has both a referred asylum application and a cancellation of removal case, is it necessary to process the cancellation of removal before the judge? Or are the requirements for proving persecution different in these two types of relief?
The requirements are different. For asylum (which I think is the better relief, as there is no waiting period if it is approved), you need to show persecution to yourself. For COR, you need to show that your qualifying family member will suffer extreme hardship. This hardship could include harm or death to the non-citizen if he is deported. That is usually not the main hardship in a COR case, but I suppose it could be, depending on the case. Take care, Jason
Does good moral character include not discriminating against people by race and sexuality ? Like if they discriminate against Jewish people or trans people, shouldn’t they be disqualified from a finding of good moral character ?
If the government knows about that behavior, it would be a negative factor. Take care, Jason
My asylum case, based on religious persecution, has been referred to Immigration Court, with my individual hearing scheduled for 2027.
I worked as a Project Manager in Non-profit organization from 2021 to 2023 and have been serving as Operations Project Manager at the American Bible Society’s Trauma Healing Institute since July 2024. ABS employer and church are interested in filing an immigration petition on my behalf.
I would like to know if I qualify for EB-4 (Religious Worker) or NIW-EB2 despite my pending asylum since 2016.
I do not know whether you would meet the qualifications for either visa and you would need to discuss that with a lawyer. However, even if you do, you most likely would need to leave the US to actually get the visa. In practical terms, I think this is very unlikely to work, as you would need to get voluntary departure from the court, leave the US, and then process the visa overseas (but probably not in your home country, as you have requested asylum from there). While there may be other ways to do this, in general, it really does not work for people who are in court, but you can talk to a lawyer about your situation and see whether there might be an option. If the lawyer thinks there is a path for you, have the lawyer map out (in writing) step-by-step how you will get from where you are now to having a GC in the future, whether you have to leave the US and how that will work, and ay other risks. Take care, Jason
Hi Jason,
I am asylee who is granted and able to bring my family from back home after years. On their arrival date they gave them I-94 form, so with this form and their passport, which has work permitted to stamp, I tried to get social security. However, Social Security Officer in Florida told me unless you get work permit card, we are not giving you social security for your family. Almost I waited for four months without having social security. Though friend of mine told me, he did with I-94 form, passport and succeeded in Colorado.
What do you recommend me to do to get social security card for my family? Is the immigration way work is that different from state to state? does it have legal consequences living without having social security for month under Tramp administration?
I really appreciate for your professional advice.
Looking forward.
Ab
I think the SS office was wrong and that they are eligible for SS cards. So maybe you could return there with their documents and your documents and try again, and if that fails, try to talk with a supervisor. Also, they can just apply for work permits, form I-765, available at http://www.uscis.gov, category a-5 for asylum granted. They should have automatically received work permits (assuming you completed the paperwork when they were coming here), but if not, they can apply now and the first work permit is free. On the I-765 form, it gives you an option to apply for an SS card and so they can complete that part of the form, which should get them a work permit and an SS card. Take care, Jason
Hi Jason,
Like many here, I am thankful that you take the time to share insights; time that is literally money! Two questions.
One, the rate of approval of COR seems to be low but not abysmal (because I sense the requirements are so high)…at about 18% per year or so? Given the differences in outcomes for asylum applications in the various districts (which are published), are you aware of sharp differences in COR approvals as well (haven’t seen them published district wise).
Two, I know you and staff joined another firm (good for you…force multiplier and all!). Do you have bandwidth to undertake new cases, especially outside the Eastern Seaboard, or are y’all totally swamped?
Thanks!
1 – I have not seen data about COR approvals. I think the asylum approval rate for a judge would be a decent proxy for that judge’s grant rate for other types of relief. In my experience, if you have a strong hardship to a family member, it is possible to get COR, and certainly if you are eligible, it is worth a try (along with all other forms of relief that might apply). 2 – My firm is able to take a new case. I generally act in a supervisory role, and other attorneys are more on the front line. That system seems to work well. Take care, Jason
So…it looks like one can not apply for EAD if their asylum case is pending in federal circuit court anymore…do asylum advocates plan to do anything about the that. I need to see some advocacy going …
If you are talking about renewing the EAD while a person has filed a petition for review in federal court, as far as I remember, that has always been the case. Maybe if the federal court issues a stay of removal, there is a way to get an EAD, but I am not sure that is the case either. Take care, Jason
hey Jason, what are your thoughts on whether every 6 month ead renewal will stay in the big beautiful bill or not? I feel like the parliamentarian had a lot pf good provisions but seems like $100 pending asylum fees and frequent ead removals moved forward? That would create the covid ead backlog all over again plus $600 is insane every six months. And what would happen to anyone who has a valid 5 year ead?
Hopefully
It looks like 6 months validity language is removed from the final megabill
We shall see, but I agree that if this becomes the new rule, it will be a real disaster for asylum seekers. I do not know, but I expect people who have a 5-year EAD will be able to continue to use that, at least that is the hope. Take care, Jason
Is it possible in my life time…?
Like I always wonder…what if…what if Hillary Clinton have won the election in 2016. Would we have a liberal Supreme Court ???
Hi,
I recently updated my home address on my USCIS account and also submitted an address change for my pending green card application. It’s been a week, but I still don’t see any updates on my account. It keeps showing:
“You currently have no submissions.”
Could you please let me know if the update was received and whether my application is still linked to my account?
Thank you for your help.
I don’t think they provide any type of verification these days, and so I think nothing will happen. If you are not sure, you can try to do the update again and maybe save some screen shots as evidence that you did it. Take care, Jason
Hi Jason,
Should i worry as an asylee granted by IJ and have pending 485 about what ICE is doing?!
As they say, worry is the pain before the wound. I don’t think you need to worry, but you should make sure your I-589 (asylum form) and I-485 are consistent and be prepared to explain any inconsistencies (or maybe inform USCIS in advance about any inconsistencies). Also, keep proof of your status with you, such as your asylum-approved work permit and maybe a copy of your approval order on your phone or in your email. Otherwise, I think you should be ok. Take care, Jason
Hi Jason,
Thank you for this article, I have a question I came into the US in 2016 with a F1 visa, fell out of status but got reinstated because it was beyond my ability, went back to my home country and came back January 2017, I completed my masters along the time my ex husband filed for asylum in 2018 which I was a dependent, the case was referred to court in August 2019, I got divorced to him in November 2020, and my then attorney filed a separate asylum for me. I have 2 kids from the past union.
I got married to a US citizen in August 2022, the immigration judge advised we file the I-130 application with USCIS, which we did in December 2024, we received the receipt number, we still have not heard anything from the USCIS, the case is still pending. I just wanted to know if I qualify to apply for COR next year 2026 and if we should be worried that our I-130 has not been approved. Thank you.
I highly doubt you would be eligible for COR, as your court case started in 2019, which almost always “stops the clock” for purposes of COR. I suppose it is possible that there is an exception. If you check the NTA, page 1 near the bottom, and and there is no date or time for the first hearing, maybe it is possible that the clock did not stop. However, the rule about that has changed several times, and my guess is that even if there is no date and time, the clock is still stopped. You might ask your current lawyer to double check this, but I think it is unlikely to work. Also, the I-130 is the much better path as it is faster and easier. Take care, Jason
Hello Sir, I had my interview in new York 3 weeks before and today I received a letter to appear for an interview again at same office. What does it mean? Is it usual to call for interview again. I’m confused and lost here. Kindly help me. Thanks
Jason is a lawyer and can provide a more detailed answer, but as a paralegal, I’ve seen similar cases before. If you’re being called in for a re-interview, it’s usually nothing to worry about. In most cases, it simply means that the asylum officer needs to clarify something or ask additional questions that may have been missed during the initial interview. It could also involve TRIG (Terrorism-Related Inadmissibility Grounds) questions or follow-up on something you previously said. Being called back is generally a positive sign—it means your case is still actively being considered. GOOD LUCK!
It is not uncommon to get a second interview. Maybe the officer forgot to ask some questions or something came up in the security check that they want to clarify. I wrote about second interviews on June 22, 2022 and maybe that article would be of interest. Take care, Jason
Great stuff. Thank you! I have got two questions and thank you in advance for taking out the time to answer my questions.
1. When did LIFO rule take effect? Asking because I filed a case on February 19, 2025. A lot of other cases filed around this time have been interviewed by the Alrington office except for this one.
2. Can someone file a mandamus on their own without a lawyer? If so, do you have any instructions?
Thank you again!
1 – LIFO went into effect in January 2018 (if memory serves), so long before you filed. However, for years, the asylum offices did not have the capacity to interview new cases (because the officers were dealing with US-Mexico border cases) and so it was rare for a new case to be interviewed quickly. These days, new cases are generally interviewed within a few months of filing, and it seems most asylum offices are interviewing new cases and working their way backwards, and at the same time, interviewing old cases and working their way forward, so there is a decent chance you will get an interview soon and you should make sure to be ready. 2 – You can file a mandamus without a lawyer. I do not have instructions for that, but it is probably available through Google. I do think if you filed in 2025, a mandamus will not work, as it is only for cases that have been delayed a long time, and so it generally won’t work until the case is at least 3 or 4 years old. You can try to expedite and that might work – I wrote about that on March 23, 2022. Take care, Jason
Hi Jason,
I rarely practice at the Arlington Office. I sent in a request to reschedule by express mail for an interview at ZAR that my office has failed to noticed. The Arlington Office said they would notify me “by mail when and if” they will reschedule the interview, which got me worried. It is so different from the two West Coast offices where reschedule requests are processed promptly. Does ZAR reschedule missed interviews at all?
TIA
ZAR is a total disaster for rescheduling. It used to be easy (send an email). Then they closed the email address. They allowed walk-in requests for a while, but that is now dead also, and the only way to try to reschedule is by mail. However, you have to show “good cause,” and nothing seems to be considered good cause – attorney unavailability is not. Neither are major health issues. I am trying to reschedule a case now where the client is hospitalized due to severe pregnancy complications, and so far, no response. If all else fails and the person cannot attend, maybe they can send a lawyer to ask to reschedule on the day of the interview, but I have no idea whether that will work. If you do not show up, ZAR will send a “failure to appear” warning and you can then try to show good cause for missing the interview. Maybe that will be easier than trying to reschedule beforehand, but I have not done that yet and so I am not sure. Take care, Jason
Hello Jason,
The judge granted a motion to reopen the admin close case. How long it will take to put the case on calender after the judge granted the motion?
Thanks
It depends on the judge. We have seen cases take a couple months to get to the first hearing. Take care, Jason
Hi Jason,
Do you know if full Afile FOIA from USCIS will slow down my pending GC case?
I am not 100% sure about this, as I think in some cases, it might cause a brief delay, but generally, I think it should have no (or very little) effect on the timing of the case. Take care, Jason
~derivative asylee here, I do not have my physical EAD card nor haven’t received the I797 notice. I have old EAD (expired) and I-94 with approved asylum stamp.
DMV clerk (and allegedly a supervisor) denied issuing me a REAL ID, even with “clean” SSN card.
I need to travel soon via plane, anyone had issues with the TSA w/o possessing a REAL ID? Much appreciate your answers –
If you have a valid passport, maybe that would work, though you would want to bring some proof of your asylum status. Also, this website has more info about the documents: https://www.tsa.gov/travel/security-screening/identification. Take care, Jason
Hi Jason, I have a question regarding ICE detaining asylum seekers, specially recent incidents with iranian asylum seekers – does ICE need to have a warrant to detain someone? Recent video of iranian asylum seekers detention shows agent saying ‘it doesn’t matter, we have a warrant’ to bystander saying woman being detained is asylum seeker, but it doesn’t show that agents showed warrant or explained to woman why she is being detained https://youtu.be/fXzFWF9OtLA?si=YDfqapaJICCM-S6P. In cases like this what are our rights? (Other than right to remain silent etc)
ICE issues its own warrants, which are not reviewed by a judge (so they probably should not be called warrants) and that allow them to arrest people. However, to enter a home, they need a real warrant, which must be approved by a judge. More frequently, they try to trick people into allowing them into the home, as they do not want to bother with warrants. You can see more info about this here https://www.ilrc.org/sites/default/files/resources/ice_warrants_summary.pdf, though this document is a bit dated. Take care, Jason
The article states “The NTA is dated, and the date on the NTA “stops the clock” for purposes of COR.”
A couple of years ago, there were NTAs which date is “to be determined” or “TBD”
For people who get this kind of NTAs, how is the clock works for the purpose of Cancellation of Removal?
The date is the date of issue. The TBD thing was for the date of the first hearing. However, there was a lot of back and forth about whether NTAs that said TBD were defective and thus did not stop the clock. That is one of those exceptions where you would want to talk with a lawyer to see whether anything can be done. Take care, Jason
Could you please comment on the news where the current administration is going to end affirmative cases for 25% of the people? Any foreseeable legal challenges ?
I rarely see any immigration challenge to republican president is successful…at the final level.
We will have to see what happens, but it sounds like that is for people who entered the county at the border. I am just not sure what they plan to do with those people after the end their cases. I presume they will put them into expedited removal, which is (possibly) a faster way to deport them, but how they will do that for hundreds of thousands of people, I am not sure. Take care, Jason
-Respected Jason,
Hope you are all doing well. I’m a 67-year-old woman. I applied for asylum in 2016. Currently, my asylum is pending in immigration court, and scheduled for a master calendar hearing in mid-July,2025. We are in NYC. My question is: On the day of the hearing, can I file for cancellation of removal for my green card holder child (33 years old)? She is my only child. She has no brother or sister. I have been in the United States for the last 25 years, paying taxes with good moral character. Please give me your thoughtful suggestions. I am worried about the uncertainty of my life at this age. Please, please advise. I appreciate your help as always. Thank you, Jason.
Since the child is over 21, you cannot use her as a relative for COR. However, if you entered the US legally and the child is a US citizen, maybe she can file for you to get a GC. Or maybe you are eligible for some other type of relief to stay in the US. I highly recommend you talk to a lawyer about the specifics of your case to see your options. Take care, Jason
How different is the hardship standard in cancellation of removal compared to other forms of relief? I always wonder how much risk people are taking on by intentionally putting themselves into proceedings because they have enough time in the country and a USC child with special needs. I see it all the time with people who apply for asylum affirmatively 10+ years after they get here. Will a reasonable judge normally sign off on that as sufficient hardship, or is it really hard to show that the hardship is “unusual” ? The debate I always hear from attorneys is whether it is ever ethical to intentionally put your client into proceedings. Some say yes, as long as the client understands risk. Others say that a client can never fully grasp how much risk is involved in removal proceedings, so it’s almost never ethical to do. I know every case is different, but I’m curious about your take.
As always, thank you for your thoughts, Jason!
It is a relatively high standard, at least in theory. In practice, if you have a USC or LPR relative with some type of physical or mental health problem (and you meet all other requirements), it is often possible to win COR. As for the ethical issue, I fall squarely on the side of explaining the risks as best as possible (including the unknowns) and then allowing the client to choose. The idea that the client can never grasp the risk does not make sense to me – no one can truly know the risk, but we explain as best as possible and then the client makes a decision. There is also a risk in doing nothing, and how to proceed is the client’s choice, not the lawyer’s. Take care, Jason