In my office, we’ve recently been receiving motions from DHS (the prosecutor in Immigration Court) asking to reopen administratively closed cases and place them on the court’s active docket. Some of these cases were closed more than 15 years ago, and they belong to lawyers who have long ago left my office. How we will even find some of these clients to let them know, I am not sure.
As it turns out, we are not alone. Although there has been no official announcement from DHS, it seems that the agency wants to re-calendar all closed cases, which represents almost 400,000 non-citizens. Added to the current Immigration Court backlog, which stands at about 3.5 million, this new push to re-calendar cases will further overwhelm an already overloaded system.
Here, we will discuss what is happening, what to do if you currently have an administratively closed case, and how this new development might affect the Immigration Courts more generally.
As you may have heard, the Trump Administration wants to deport more people. Rather than focus on removing people who are already in Immigration Court, some genius has made the decision to re-calendar closed cases and add those individuals to the existing docket.
What are these closed cases? Over the years, DHS has changed its priorities–who it wants to deport. During some periods, DHS has been willing–even eager–to administratively close cases that were not a priority for removal. DHS would almost never close a case where the person has a criminal record, since such people have always been a priority for removal, and so most of the people with closed cases are not criminals. Also, many of these people have health issues or U.S.-citizen or Green Card family members that made DHS more willing to close their cases. When a case was closed, the person was allowed to remain in the U.S., often with a work permit.
Now, DHS is re-calendaring these old cases (i.e., putting them back on the court’s schedule). Why this is happening, DHS has not explained. Given that many of these people do not have a strong possibility of receiving permanent status in the U.S., DHS may view them as “low hanging fruit,” in the sense that the agency can “win” most of these cases and deport these individuals. Of course, these cases tend to be very sympathetic, which is why they were closed in the first place. And so while this new effort may increase DHS’s numbers, it will likely harm many vulnerable non-citizens and their families.
What if your case is currently administratively closed?
First, it is very important to know whether your case has been re-calendared. If your case is scheduled and you fail to appear, the judge may order you deported.
DHS is notifying lawyers, and if your lawyer receives a motion to reopen, she should inform you, so be sure your lawyer (or former lawyer) has your contact information. If you never had a lawyer, I presume DHS will send you a notice directly, but I really do not know. Unless DHS has your current address, they cannot notify you. If you have an administratively closed case, you are required to keep the court and DHS updated about your address, and you can do that using form EOIR-33.
In addition, it is a good idea to check the Immigration Court website every few weeks to see whether your case has been scheduled for a hearing.
Second, if DHS files a motion to re-calendar (a motion is a formal request asking the court to do something), you can oppose the motion. In other words, if DHS tries to re-open your case, you can ask the judge to deny the motion and keep your case closed. This can be tricky, and so if DHS is attempting to re-calendar your case, it would be a good idea to find an attorney to assist you in opposing the motion, and determining whether you have any defenses to being deported.
If your case is reopened, you will need to appear in Immigration Court and present any defenses you have. If you have no bases to remain in the United States, the judge will likely order you deported. Talk to a lawyer for help, as court cases are much more difficult to win without an attorney. If you cannot afford legal counsel, there are free services available, though unfortunately, resources are quite limited.
Finally, how might this push to re-calendar 400,000 cases affect the overall Immigration Court system? I imagine you won’t be surprised to learn that adding cases to an already backlogged system will create even more delay. This delay could take several forms. For one, DHS attorneys must now devote time to identifying administratively closed cases and filing motions. Judges must spend time ruling on such motions. For cases that are re-calendared, everyone will have to spend time litigating those cases. I expect the overall effect will be more delay for everyone.
Returning hundreds of thousands of cases to the active docket seems counter to the Trump Administration’s stated goal of quickly deporting criminal aliens: If everyone is a priority for removal, then no one is a priority for removal.
We will see how this plays out, but I expect many vulnerable people will be harmed, courts and DHS attorneys (and private attorneys) will be further overwhelmed, and an inefficient system will be made even more inefficient.
A got a notice from my lawyer with the letter that I got a motion to recalendar. He hasn’t oppose it and probably doesn’t know that you can or is obviously ignoring it. He is amazing at marketing, he is number one on social media and google, almost 5 star and my analysis show that he is buying those reviews as they meet the critiria of fake reviews. My initial denial of a Green Card should have been reopened on the basis of ineffective assistance of counsel but he instead didn’t even mention that and refile for a new u-visa. I have been trying to find a lawyer to equitable toll my case on the basis of IAS to no avail. They are all a gang of criminals who defend themselves. No lawyer will ever go against another lawyer due to reputation concerns, “Fighting the dragon”, risk assessment, limited expertise, and conflict of interest. These are the major driving factors in their decisions that if one were to apply strict logic, a reasonable person must agree that it violates the solemn promise made in the oath of their swearing-in-ceremony because they must defend their clients “to the best of [their] knowledge and ability” – their reputation and affiliation as members of an elite club is more important than you or your case. I’m gonna have to pro se my case, at least I don’t see a choice.
Your lawyer may not be very good, but many lawyers are good and very devoted to trying to help people. How to find someone like that is difficult to say, but I did a post that might help on March 2, 2016. Also, I am not sure that the concept of equitable tolling applies to most immigration cases, which take place in administrative courts and not federal courts (though maybe that would depend on the specifics of case itself). Take care, Jason
Hello Jason, I have question. In my case, I came as a child in the late 90’s, B2 visa. Asylum was filed, it was denied. The case was appeal to BIA, they administratively closed the case on finding that we qualified for TPS. TPS was denied saying it was not timely filed for initial registration etc. Years later with new attorney we obtained TPS. Part of it was that an administratively closed cased is still considered pending before the court.
Now, TPS is ending. There was an extension given by a judge but it will most likely be stayed like the other TPS case. Unfortunately I am preparing to leave the country rather than be out of status. A lawyer stated that if in the future I want to have the possibility to visit the US to see family such as by applying for a B2 visa, it’s recommended to properly close the case and request voluntary departure. That way there is no deportation order on record. However requesting a motion to remand to lower court and then requestion voluntary departure can take many months or over a year with how backed up things are now. He also stated since I would be out of status, I could be detained and held at a dention facility pending the resolution of court proceedings, however long they may take. There is also the cost of thousands of dollars of attorney fees as well. If I stay and take no action, he said they’ll at some point try to recalender proceedings. I guess it’s a bit complicated since it was admin closed at the BIA instead of a lower court.
Supposedly I did not accrue unlawful presence, since an admin closed case is considered pending before the court. I want to know if you can tell me If I leave without seeking voluntary departure, I may face a bar (10 years?) depending on how the dhs handles the admin closed case. Apparently they can rule in absentia or finalize the remove order in some way once you’re gone and you get hit with a 10 year bar. The ice website states that “ICE may agree to seek dismissal of removal proceedings if you prove you left the U.S. on your own — and that way, you may be able to avoid getting a final order of removal (and the negative consequences that come with it).” While that is ideal I doubt that they would do that, or what the mechanism even is to get them to dismiss the removal proceedings once you’re gone. I of course would like to properly close the case but it’s also a risk to stay out of status for so long.
I believe the BIA itself can issue an order of voluntary departure. For example, if a person appeals a case where asylum was denied but the judge granted VD, the BIA can deny the appeal and give the person 30 days to leave the US under VD. Whether the BIA can issue VD in your situation, I am not sure, but you can ask for that. Alternatively, if you leave, you can ask for VD after the fact. I have done that successfully once or twice, but different judges may have different views about this, and in the most recent case I did (about 2 months ago), the DHS opposed the motion for VD as the person had already left the country. The judge granted VD despite this opposition and DHS did not appeal. A judge might also dismiss the case without a deportation order if you show that you have left the country. Your lawyer would have to make sure he is still listed on the case, so he gets a notice if the case is recalendared. You can also track your case if you follow the link under Resources called EOIR case status and enter your Alien number. If you check that every few weeks, you will see if the case is put back on the court’s calendar, so you can take action. Take care, Jason
Thank you for the information. To be honest 2 different lawyers at different recommended VD to avoid issues in the future. If I decide to do VD before leaving, using any potential extra time due to TPS court case, about how long would you say it would take to make its way through court? Especially if it has to be remanded back to the lower court? A year or more?
It varies by judge, as some judges will give more time than others. Maybe you can get some delay based on TPS, though that is harder to do these days. Once you get VD, you will have to leave within the time frame they give or the VD order will automatically become a deportation order. If you have defense to being removed (such as asylum), maybe you could present that defense, and if you lose, have VD as an alternative. Then you could appeal and if you lose the appeal, leave based on VD. That whole process would take several years. Take care, Jason
I guess my question is more about how long it would take without seeking any additional relief. I’m other words, to forego the old asylum case and request VD. I would be trying to minimize the amount of time spent out of status here in the US while I finalize the proceedings in this case. Hopefully it would be less than a year.
If you have a first hearing and request VD, the maximum time the judge can normally give you is 120 days. But there are ways to manipulate that (for example, the judge can give you more time by scheduling a second Master Calendar Hearing). Nothing stops you from leaving sooner, if you want to avoid having any unlawful presence, so you could get 120 days of VD and leave on day 1. That is no problem. Take care, Jason
Hi Jason,
My siblings got this notification from our lawyer..we are all daca however, how would this then work?
A notice to re-calendar their cases? If so, they can try to oppose re-calendaring. Some judges will deny a DHS motion to put the case back on the active docket. If the case is scheduled for a hearing, they need to decide about what type of defense they have to being removed – asylum, Cancellation of Removal, something else. Hopefully, the lawyer can help with that. Take care, Jason
Hey Mr Jason I have a question I came to the states in August 2013 as a gay minor ,during this time I was homeless and found out in September 2014 I had hiv . In 2016 June I was able to file asylum. It’s now been 9 years with no interview . I know in my intial application my doctor and psychiatrist wrote letters along with a lgbt homeless youth liaison. Do you think I’ll have issues with the one year bar and have to referred to immigration court.
There are exceptions to the one year bar and it is very important that you try to show you meet an exception to the rule. Otherwise, even if you have a very strong asylum case, you will be denied for filing too late. I wrote about the one year bar and the exceptions on January 18, 2018. We have another article on February 15, 2018 that talks about LGBT asylum seekers and the one year bar, and that may be of interest as well. One exception to the bar is if you were under 18, and maybe that applies to you. Another is if something changes, such as coming out. Hopefully, you can get a lawyer to help you to talk about the specifics of your case and make a plan for the one year bar issue, and for your case in general. Take care, Jason
Hi Jason. My family and I came and sought political asylum in 2006 from the Philippines. My kids were only 6yrs and 2 yrs old then. Our case was denied but we appealed until it reached the 9th circuit. Our case was then administratively closed. This was several years ago. Since then I have gotten a divorce and re-married and now my son and I have been approved for a GC. My daughter however was over 18 and could not be petitioned by my current husband. She received a notice last week through our immigration lawyer that her administratively closed case could be reopened but has not been recalendared yet. My question is, if my daughter came here at the age of 6, went to school, graduated, has a work permit and works and pays taxes and is already 24 yrs old, is it possible to request to close her case since she does not know any other country except the US where she grew up? She does not have a criminal background or infraction, not even a speeding ticket. Thank you in advance.
Unfortunately, I think the fact that she has been here since she was 6 is not enough, by itself, to get DHS to agree to close the case. However, you can try opposing the motion and maybe the judge will agree and deny the re-opening. You have to do that within 10 days of filing; otherwise the judge can just make a decision without your input (though some judges may take longer to rule on the motion, so if the 10 days have passed, you can still try to oppose DHS’s motion). Otherwise, it would be a good idea to talk to a lawyer to see what her options are. Take care, Jason
Thank you Jason. We do have an immigration lawyer but our appointment is not for a few days. I was told by the paralegal who received the notice was it did not indicate anywhere that a deadline was given to respond nor was there any information about 10 days to oppose the motion. I have asked her a few times now but she gives me the same answer which is why I am here to get your opinion. Could we oppose this motion even if it does not say on the notice that we can do so? Thank you.
A paralegal is not legally permitted to give legal advice, and so if the paralegal is doing that, there is already a problem (the person is breaking the law). I believe the rules related to motions to reopen set the tine frame to reply to a motion. I think you would do better to talk with a lawyer who knows about immigration law and can hopefully properly advise you. Take care, Jason
Good morning sir, I saw you talk in in previous blog about habeas corpus. I’d like to file one on behalf of my brother who got detained by ICE recently. It will be him filing it pro se with my help on the outside. Any idea if the mailing address for him with the district court could be listed as our home address “his old residence” instead of detention address so that we know of any correspondences with court. Visiting him at the ICE dentation is very complex and getting his mail there is even more complex since he doesn’t read English
Unless you are a lawyer admitted to practice in that particular court, you cannot file for him. However, you can assist him (assuming you can get in touch with him). The District Court should have a clerk’s office that you can call and ask about mailing addresses and other questions. That info may also be on their web site, but the clerk’s offices tend to be pretty good (hopefully), and so it is worth a call. Take care, Jason
Hi Jason. What timeframe would your office consider unreasonable for waiting on a decision after the interview? This is concerning potentially proceeding with WOM.
I’ve waited 14 months and did all possible steps to request USCIS to move forward (requests, ombudsman, outside of processing time request, senator, congressmen, letter from lawyer).
Apparently, the government is becoming more resistant to mandamus cases, but if your asylum case was filed more than 4 years ago (including the 14 months wait), a WOM may be an option. I wrote about other ways to deal with delayed decisions on June 2, 2021 and March 30, 2022. Take care, Jason
Thank you, Jason. I’ve followed the steps that you suggested in the listed articles. Unfortunately, they all failed. This is why I consider WOM as a last resort.
I filed in 2017, so it’s my 8th year of waiting.
Since you have been waiting so long, I think a WOM may be a viable option. Take care, Jason
Hi sir
My husband file asylum and I was dependent on him he was main applicant.now we divorced
I want to withdrawal myself from his application
What is the process to do so
What to file?
Where to file ?
He is not cooperating too
If you are legally divorced, your will be automatically removed from his case once USCIS reviews his case. If you want to make sure that happens, you can inform the local asylum office by email and include a copy of your asylum receipt or biometric notice + a copy of the divorce document. You can email that to the asylum office. You can find their email if you follow the link under Resources called Asylum Office Locator. Before you withdraw, if you plan to file your own case, you should do that. In fact, you should file your own case as soon as possible due to the one-year asylum filing rule – I wrote about that on January 26, 2022. All this is if your case is at the Asylum Office. If you are in court, you would also need to file your own asylum case or any other application for relief, but you should talk to a lawyer about separating your case from your ex-husband’s case and filing for relief (it would also be a good idea to talk with a lawyer if you are at the Asylum Office, as the lawyer can review your situation and better explain your options). Take care, Jason
Hi jason
What is the way to get our from here?
I dont have my passports i need to urgently leave i asked help from two countries and none want to help.
What is the next step. My entire family is stuck becaude of me. Please please please help me .
If you cannot get a passport from your country, you may be able to get a document that allows you to leave the US and travel to your home country. You would have to contact your home country embassy about that. Otherwise, I am not sure what document you would use to travel. Take care, Jason
my home country officials here say u can take an ETD and go to ur home country but the home country is giving problems to people and making them cancel their passport or bar them. so in this case i cannot go to home country. i want to go to my husband country. which is also my mums country. what kind of document can i get from US to get to my husband country and get on a plane? is there a possible way out of this ?
I do not see how the US can give you documents to go to your husband’s country. Unless you have status in the US, the US will not issue you any type of travel document. I think the government of your husband’s country will have to give you something to travel. Maybe there is a way for him or your mother to sponsor you. Otherwise, there are such things as “world passports,” which are generally not recognized as legitimate by most countries, but maybe some document like that would be an idea if you cannot find anything else. You might talk to a lawyer or immigration expert in your husband’s country to see if they have any ideas. Take care, Jason
Hey Jason,
First things first: thank you. The Asylumist isn’t just handy, it’s a lifeline. Your deep-dive posts plus the way you still make time to answer every random comment (including my many questions) is wild. I can’t overstate how much that steady, no-nonsense guidance has helped me, and a ton of other people – push through the maze without going nuts.
Quick question on my next step:
I-130 for my wife — filed May 2022, approved July 2025.
Our daughter was born August 2024 while the petition was still pending.
I filed a separate I-130 for her, and it’s still pending.
I just learned that a child who’s born before the principal immigrant actually gets the visa can ride along as a derivative once the NVC welcome letter shows up. If that’s right, I’d rather add her to my wife’s case and stop worrying about the extra petition.
Can I just list my daughter on the DS-260 / pay her fees when the NVC letter comes, and call it good?
Should I keep the separate I-130 alive anyway, or is it safe to let that one die on the vine?
I’m a LPR not a citizen yet.
Really appreciate any clarity you can share, and everything you’ve already done.
Congrats on the new baby! Consular processing is not really my thing, and so I am not the most knowledgeable about this situation. My understanding is that you are correct and that the child will automatically be added to your wife’s case, but given all the big changes occurring these days, it is worthwhile to talk to a lawyer to be sure, as you do not want them to run into trouble and get delayed or denied. Take care, Jason
Hi Jason i was arrested in 1980s in my home country when military dictator was in power under Marshal law rule. I was arrested and charged fake allegations. it was due to me exercising freedom of expressions and for democraticy.i was exonerated and charges dropped. I have mentioned that incident in my Asylum and green card cases too. So can i show it with those same words in N400 for too? Will it not effect on my citizenship? i do not have documentary proofs for my arrest. Only wrote in my form 589 and 485.
I would talk to a lawyer about this. Before the current Administration, I would have said that it is no problem to just mention it as you did on prior forms, and that very well may still be the case. However, I am not completely certain, and it may depend on the old charge and the country. You may want to wait a bit to apply for citizenship to see how others are being treated in your situation (though that may also be difficult to know, as there is no easy way to learn about this). My guess is that you will be fine as long as your N-400 is consistent with past forms, but I do think it is worthwhile these days to talk to a lawyer about the specifics of your situation. Take care, Jason
Hi Jason,
I want to follow up with a question on this. You said it depends on the charges and the countries. Can you please expand on that?
My understanding is that the statutory period USCIS focuses on in the context of naturalization is 5 years to show GMC. I understand the specific context we now live in as immigrants but have you noticed a change in the way USCiS adjudicates naturalization? Even charges that were dropped now make the applicant statutorily ineligible?
I have not seen any changes. However, some conviction would block a person from naturalization, or – if they were true convictions and not fake – have blocked the person from asylum or a GC. And so here, I just think it is better to be cautious given how vicious the current Administration is behaving. I expect there will not be a problem, but I think it is worth checking specifics with a lawyer in order to be as careful as possible. Take care, Jason
I wanted to follow-up on this as well. If the actual conviction were the basis of asylum because they were political in nature, would they later block someone from naturalization? Wouldn’t that be contradictory? Awarding a person an immigration benefit (asylum) after proving persecution (arrests, detention, conviction…) then barring him from an ulterior immigration benefit (citizenship) based on the same conviction and history of arrests?
I have not heard about anyone having that problem. If the arrests were pretextual and only done for political or other improper reasons, they should not block a person from naturalization. I suppose you never know for sure, and so it is good to be able to explain about the arrests in the interview, and of course, you need to mention those in the initial N-400 application with an explanation. Take care, Jason
Hi Jason,
I am Asylee & GC holder. My 5 years are completing soon and i wanna apply my self soon for N400 Neutralization because i can not afford Fees due to my financial situation.
I have seen many times ckeck list of documents for N400 on USCIS Website. Kindly look below and mention plz if i missed any document. Will aprreciate your kind help. You are always Torch of we type people. Regards.
N-400 Documents Check list
– 2 identical color photographs
– A photocopy of both sides of your Permanent Resident Card
– money order for the application fee and the biometric services fee $760
– original Form G-28, Notice of Entry of Appearance as Attorney or Representative
– Birth certificate
– marriage certificate
– Tax returns
– bank account
– leases/rent
– mortgages
– pay stubs
– Internal Revenue Service (IRS)-certified copies of the income tax form that you both filed for the past 5 years
– IRS tax return transcript for the last 5 years
– IRS tax return “transcript” or an IRS-certified tax return listing tax information for the last 5 years
– court or government order to provide financial support
– original official statement by the arresting agency or applicant court confirming that no charges were filed.
– original or court-certified copy of the complete arrest record and disposition for each incident (dismissal order, conviction
– original or court-certified copy of the sentencing record for each incident.
– Arrested record
Sir,
Kindly see that if i missed any document? or added extra in list.
Will appreciate your kind help. Regards.
I do not send nearly this many documents when I do a client’s N-400. However, I do not see anything that is obviously missing. The fee is lower if you file online ($710). Also, the G-28 is only if you have a lawyer. If you were ever arrested, you need evidence of that. Finally, if you were ever divorced or had a marriage end, you need to include a copy of the divorce documents, death certificate, etc. You should double check the instructions for the N-400 about what documents are needed, as it can vary by case and since I do not know your case, I cannot say for certain. Take care, Jason
Thanks. One thing more: i was arrested in 1980s in my home country when military dictator was in power under Marshal law rule. I was arrested and charged fake allegations. it was due to me exercising freedom of expressions and for democraticy.i was exonerated and charges dropped. I have mentioned that incident in my Asylum and green card cases too. So can i show it with those same words in N400 case too? But i do not have documentary proofs for that.
Hi Jason!
I’ve heard of cases where people entered the U.S. on a B1/B2 visa in 2022, filed an I-589 with USCIS about three months later (while still in valid B1/B2 status), and their cases have been pending interview scheduling (“Next Step is an Interview” on the USCIS status tracker).
About a week ago, they were arrested and detained for “having an expired I-94” and were given a hearing date just 10 days after the arrest.
Have you come across any cases like this? How is that legally possible if their USCIS status still shows “Next Step is an Interview”? Do you have any idea what might happen next for them and their pending USCIS case?
Thank you!
I have not heard about a confirmed case of this happening, but I would not be surprised, as the government is trying everything to harm asylum seekers. If I hear about this happening, I will try to write about it here. There are examples of asylum seekers being arrested in Immigration Court and I wrote about that on June 4, 2025. The info in that article would probably also apply to asylum seekers who are not in court but who get arrested. Take care, Jason
Hi sir
What happens when you miss your asylum office interview??
What officer will do after that???
Sent case to immigration court or sent me letter to explain in 45 days why you didn’t attend interview?
Why are u not going for the interview are you scared that they are going to do something at the interview?
We have seen them send a letter giving 45 days to explain and show “good cause” why the person missed the interview. If they do not accept that there was a good reason to miss the interview, or if you do not respond to the letter, your case would be referred to Immigration Court. I am not sure whether that is the policy at every asylum office, or if that policy will continue, but that is what we have seen at the Virginia office. Take care, Jason
HI Jason,
Got a client who missed the interview. Her reason for missing and requesting rescheduling is the same as another client’s. One got denied and referred to court, while the other got a second chance. What is the likelihood of convincing the judge to dismiss the case? The one got denied is still within the 1 year bar.
Best
I don’t know, as I have not tried that, but I highly doubt a judge will dismiss the case so the person can re-file affirmatively. Also, I would imagine that DHS would oppose any such effort. I guess you can ask, but I think they will have to go forward with the court case. Take care, Jason
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.
If there are no issues in the case, you should be able to apply on your own. However, if you have criminal or immigration problems or don’t understand the I-485 form, it makes sense to use a lawyer. Also, it is important that your I-485 application is consistent with prior applications you have made. I wrote more about that on November 13, 2017. Take care, Jason
I am a little concerned about the publicity of this blog.
All the information and tips are shared to aid asylum seekers.
But since this blog is accessible everywhere…I am worried that DHS/DOJ will see your contents and then develop counter strategies to make it even harder for us to obtain relief…and the foreign persecutors, seeing how you are helping asylum seekers, can develop counter strategies to prevent them from leaving and seeking asylum…
Is it possible to require real authentication before access this website ?
That is not possible. Take care, Jason
Today I had my interview after 9.5 years of waiting.
Officer was very hostile since the beginning. Even my lawyer lrior to enter told me she is hostile be careful.
I did not expect it that way, she started to ask me evidences despite having them on file. I told her it is on file, she was like “ do you have them on you” . I was like no. She was like then you don’t have them. Manyyyyy other remarks I was not feeling well at all.
I am really devastated and depressed. I regret every moment that I thought this system will be fair. She does not know anything about my country and my case situation.
Anyone had similar experience and what was the outcome?
I am very sorry to hear this. Most officers are nice, but once in a while, there is a bad one. Hopefully, it does not mean a denial – we recently had an officer who was quite rude, but the case was granted. I wish you good luck with the decision. Take care, Jason
If a uscis officer wants to fail you. They will be able to fail you and their discretionary decision is typically non reviewable…so if somebody doesn’t like you and doesn’t want you to pass…there is nothing you can do. Pack you back and it’s time to go home.
Mind your own business. I know when I have to back up my thing and why!
Sick people
@anonymous
Hey man, don’t be bummed out!!! If you have the chance to leave and head to another country, just go for it! It’s way better than being sent to court, getting handcuffed, and stuck there. Who knows, you could end up in El Salvador. Hmmm, anyone who can leave now, it’s smarter to self-deport!!!! if they turn you down at the asylum office because it will get much harder at the court nowadays
Another sick person.
Get medical attention.
@anonmyous
Why are you accusing me of being sick when I’m just speaking the truth? If the officials in this country don’t want you here, then why keep fighting? In the end, you’ll just lose! Just move to another country where you can feel safer.
Despite all the bad news, it is still possible to win an asylum case – the new bill, for all its anti-immigration changes, did not eliminate asylum or even change the law of asylum. And so while I understand the sentiment to leave when the government is so hostile, I also know that asylum cases can still be successful, and that many people have no other option. Take care, Jason
Look at me leaving. I am packing my things. Do you see me leaving!
I am here almost leaving. At the end of the road.
Just a stupid person, I will fight for my rights as you human being beyond your imagination can handle. By the way I am staying.
I hope you stay. Though Trump and his lackeys don’t understand it, we need immigrants and asylum seekers here, as kicking them out will cost our country its soul. Take care, Jason
It seems that BBB was signed by both chambers of the house.
Can you advise what are the implications for asylum seekers that wait for interview or decision after the interview?
Per my understanding, the biggest change is yearly fee of 100$. It’s crazy that we have to pay for the insufficiency of the government’s body(I’ve been waiting for interview for 7+ years & decision for 1+ years).
I have not looked at it, but I will try to do that soon and post about it. Take care, Jason
What does old case mean? Does it include granted WOR?
I am not sure what you are asking. DHS is reopening old cases – some are recently administratively closed; others have been closed 10 or 15 years ago (or maybe longer). Take care, Jason
In USA for 27 years formal foreign military contractor for the US government overseas war conflicts related work.
I’ve been 14 years under WOR and had few bumps with EOR on previous reporting during Trump 1.0
Pressure to find a country to accept me. Not a chance at that time.
I’m married with a US citizen wife for 25 years.
Together we have 4 US citizen children, I have the I130 approved from 2009. No legal remedy on the books.
July 23, I’m scheduled for ERO yearly reporting.
Practicality on a potential countdown from family separation and an indefinit detention.
Two major issues next to this event:
1. I’m a stateless person.
2 I live in Florida ( 60 min from the infamous Aligators Alcatraz). Good luck with that Mr Gator. I’m ugly and not chewy friendly.
Beside being old and disablet do to a severe accident, I’m on my final 5 years of life due to an agressive prostate cancer.
Not looking for compassion, just exposing my situation for this blog readers.
So, I need your input as a pool of reference:
1. Shell I report and take the risk of final separation from family and freedom, most likely dying in DHS detention?
2. She’ll I run in the hide and hope they will not find me but still dying faster due to the luck of medical attention?
3. She’ll I completely surender and dye like a coward without a fight for my family?
I don’t know. I have pledged my alligions to USA and my family long time ago thinking that my loyalty will be knowledged and appreciate.
Im facing the final test.
What do you think???
Don’t hesitate to respond.
Thank you.
Should we expedite our case
Jason? Is this a good time to do that or we are going to be sent to immigration courts? Can you please shed some light on this?
Are people getting approval on their cases ?
Thanks so much !
We are still seeing cases being approved, but it depends on the case, and some asylum office are better than others. Also, it is generally difficult to expedite a case, though you can file a mandamus lawsuit to try to force them to give you a faster interview (assuming your case has been pending for at least a few years – mandamus generally will not work for new cases). I wrote about expediting on March 23, 2022. Take care, Jason
In USA for 27 years formal foreign military contractor for the US government overseas war conflicts related work.
I’ve been 14 years under WOR and had few bumps with EOR on previous reporting during Trump 1.0
Pressure to find a country to accept me. Not a chance at that time.
I’m married with a US citizen wife for 25 years.
Together we have 4 US citizen children, I have the I130 approved from 2009. No legal remedy on the books.
July 23, I’m scheduled for ERO yearly reporting.
Practicality on a potential countdown from family separation and an indefinit detention.
Two major issues next to this event:
1. I’m a stateless person.
2 I live in Florida ( 60 min from the infamous Aligators Alcatraz). Good luck with that Mr Gator. I’m ugly and not chewy friendly.
Beside being old and disablet do to a severe accident, I’m on my final 5 years of life due to an agressive prostate cancer.
Not looking for compassion, just exposing my situation for this blog readers.
So, I need your input as a pool of reference:
1. Shell I report and take the risk of final separation from family and freedom, most likely dying in DHS detention?
2. She’ll I run in the hide and hope they will not find me but still dying faster due to the luck of medical attention?
3. She’ll I reactivate my formal training and go rough and most likely dye from a bullet?
4. She’ll I completely surender and dye like a coward without a fight for my family?
I don’t know. I have pledged my alligions to USA and my family long time ago thinking that my loyalty will be knowledged and appreciate.
Im facing the final test.
What do you think???
Don’t hesitate to respond.
Thank you.
If you fail to appear, ICE may come looking for you, and if they find you, they will almost for sure detain you. If you do appear, there is probably a decent chance you will avoid being detained, especially given your health problems. Unfortunately, there is no way to know in advance whether they will detain you, and if you appear, there is some risk. You will have to decide what is best. Maybe talk to a lawyer to see whether other people in a similar situation are being detained, but this situation is a real disgrace, and it seems our country has abandoned its values and its allies. Take care, Jason
I had a withholding of removal many years ago and my lawyer was able to work with the government to dismiss the removal without prejudice. I was able to get my green card successfully with USCIS. In this case, am I also in danger of reopening the removal order?
Hello William,
Wow, this is the first case I’ve found of someone successfully adjusting from WOR to a lawful status & I have been looking for over a year. May I ask, were you granted WOR due to a criminal conviction? did you have an approved I-130 when you re-opened? I am currently in the process of attempting to adjust.
Hey Mo. No criminal history. I got WOR because I missed the one year time limit. Yes. I had an approved 130 and my lawyer used that to terminate my removal. It took about 2 years but finally the government/DHS joined the motion and dismissed the removal. After that it was pretty straightforward. I applied 485 with USCIS and got it approved in about 11 months.
William,
Thank you very much for the reply. Though my case is different (criminal conviction) and we’re in a different world right now, this still gives me some level of hope. Thank you.
I am not a lawyer and I am sure Jason will probably chime in here sooner or later, but I spend a lot of time reading about the ongoing changes and new laws and highly doubt you will be affected by anything going on.
We have had cases like this as well, so it is possible. The problem now is whether DHS would still agree to reopen under the current Administration. They might, and even if they do not, the judge can still reopen. I just have not seen examples of this during the last several months. Take care, Jason
The removal order was erased and cannot be reopened. If you violated your GC status (by committing a crime for example), they could try to deport you, which would start a new Immigration Court case, but that would be a different, new case, and I do not see any issue with the prior WOR order affecting your status today. 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?
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