Last week, the One Big Beautiful Bill (OBBB) was passed by Congress and signed into law by President Trump. The law dramatically increases funding for ICE, immigration detention, and border security. It also makes less dramatic changes to the asylum and immigration systems. Here, we will discuss some of these changes and how they may affect asylum seekers.
The most dramatic changes are all about money. The budget for ICE for enforcement and removal will increase from $8.7 billion last year to almost $30 billion. The new law also allocates $45 billion to detain non-citizens, a 265% annual increase. These funds will double ICE’s capacity to hold individuals, families, and children. These days, the agency has about 59,000 people in lockup at any one time; the new money will eventually allow ICE to detain upwards of 116,000 people. There is also $61.5 billion for border security, including $46.5 billion to complete the border wall. Finally, the OBBB allocates $13.5 billion “toward reimbursing states and local governments engaging in immigration and border-related enforcement.”
All this money for increased enforcement will affect asylum seekers in a number of ways. At the border, asylum processing has largely stopped due to an executive order signed by President Trump on his first day in office. That order is facing several court challenges, but if asylum processing resumes, anyone who arrives at the border to request asylum will be detained and will likely remain there until their case is completed.
For asylum seekers in the U.S., all this extra money for enforcement will likely create a frightening situation where non-citizens could potentially be detained at any moment, including when they appear for a court hearing or USCIS interview. The added stress and uncertainty will make it that much more difficult to properly present an asylum claim.
Also, more generally, I imagine that the fear of ICE will cause some non-citizens to try to hide. Those who are victims of crimes will be afraid to call the police. Some may be driven by desperation to commit crimes. Roughly 15% of our country–or about 51 million people–is foreign born, and I expect that the stepped-up enforcement and pressure to deport more “illegals” will create a poisonous atmosphere for us all.
Enforcement issues aside, the OBBB increases fees for asylum seekers in a number of ways. Most significantly, there is now a mandatory fee of at least $100 to file for asylum (it used to be free). This is the minimum fee. Per the OBBB, government agencies can impose a higher fee, but not a lower fee. There is also an additional fee of at least $100 that will be charged each year for as long as the asylum application is pending. Thus, asylum seekers will be penalized for the government’s delay.
I think the purpose of the asylum fees is not so much to deter individual asylum seekers. Instead, I think they are aimed at non-profits, which represent the most vulnerable (children, people with mental and physical disabilities). These non-profits will be forced to pay the fees for their clients, which will reduce their ability to serve those in need.
There is a new fee of $550 for an initial Employment Authorization Document (EAD) based on a pending asylum case. The previous fee was $0. The fee to renew an EAD has been reduced from $470 to $275, but again, these are minimal fees listed in the OBBB. Government agencies have the authority to charge more if they so choose.
Current EADs based on asylum pending are valid for 5 years. I see nothing in the law to change this. However, USCIS has discretion to issue the card for less than 5 years, and so we will have to see what they do.
Immigration Court fees have also increased. The new fee for an appeal to the BIA is a whopping $900 (up from $110), and the Attorney General has discretion to make that fee even higher. A motion to reopen or reconsider has increased from $145 (or free for asylum cases) to $900. The fee for Cancellation of Removal for Certain Non-Permanent Residents has increased from $185 to $1,500.
Interestingly, the OBBB sets the maximum number of Immigration Judges at 800 (currently, there are probably 700-some IJs). This provision does not go into effect until November 1, 2028, and so presumably, we can have more IJs prior to that date. I suspect that the authors of the OBBB hope to decrease the number of judges and find ways to deport people with less due process of law. Hence, the reduced need for IJs.
What’s also interesting–and a bit surprising–is that the OBBB does not change the asylum law itself (aside from the $100 fee). In theory, people can continue to qualify for asylum as always. In practice, however, with increased enforcement and fees, asylum seekers will likely have a much tougher time. Here, I’m guessing that Congress could not agree on how to limit asylum, and rather than make difficult (and cruel) policy decisions, they simply decided to make asylum less accessible for everyone.
For me, the entire premise of the OBBB’s immigration provisions are based on lies: that immigrants and asylum seekers are a threat and that they do not benefit our country. The massive expansion of ICE–an agency that has a record of rogue and lawless behavior–is frightening and dangerous for our democracy. While non-citizens are the first target of these enforcement efforts, I doubt they will be the last. Where this will end, I do not know, but I fear that the OBBB is opening a new and very dark chapter in our nation’s history.
Hi Jason. What happen if an asylee dont have and can not contact their home country their birth certificate when they are adjusting status? I see that USCIS still says the document can be submitted “ if available”, is it possible to submit it adjustment of status without the birth certificate?
It is a big pain, but you can submit affidavits from people who know you who can attest to your parentage, place and date of birth, etc. You can also get secondary evidence such as hospital records, baptism records, school records, etc. It is not easy and if this is your situation, you may want to get some help from a lawyer to see what can be done. Take care, Jason
Realy! I thought BC was required for asylees. It seems like people are able to adjust without it. The pasport is not enough? The past says where someone is born.
They will want the birth certificate. However, if you cannot get that, there is some alternative evidence you can get, but this is not easy to do and they do not always accept it. Take care, Jason
Hi Jason,
Follow up to this question as I am about to submit my I-485. Does Non Available Birth Certificate(NABC) work in lieu of the actual birth certificate?
I do not know what a non available birth certificate is. USCIS wants the birth certificate. However, if you cannot get it, they list some alternatives to that, which you can try to get (I think these are listed in the I-485 instructions, but I am not sure). They may not accept the alternatives and it is a big pain to try to get the green card without a birth certificate, but there is a way to do that, as some people simply do not have birth certificates or cannot get them. Take care, Jason
Hi Jason and everyone herr, does anyone know what actually happens if ICE stops an asylum seeker with a pending case?
I’ve heard of detentions after court, but not much about random stops. A lawyer told me ICE usually doesn’t detain people with pending asylum who’ve been here over 2 years, unless there’s a criminal issue – but also said things are unpredictable now.
I fled a country where random arrests were common, and I’m honestly scared to go outside, to work, or even see a police car. I just want to understand what’s real and what my rights are. Thanks.
I wrote about this on January 29, 2025 and maybe that would help, and I think there are some links in that post to “know your rights” information. I agree with what you were told. I have not heard about affirmative asylum seekers who entered the US legally being detained, and I think in general, such people are safe (though I also agree that things are unpredictable, so you never know for sure). If you have proof of your pending application, such as a c-8 work permit and a copy of your receipt, that should offer some protection if you are stopped. Also, if you have a lawyer, make sure to have the lawyer’s info available to you or to a friend or family member, and so you can get some help if anything happens. I do generally think you should be safe if you entered legally and have been here for 2+ years, but I certainly understand why you are anxious. Take care, Jason
Hello Jason,
Hope you’re doing good!
Myself and my dependent last year we got our US citizenship through Asylum . I’m planning to take a road trip to Canada ????. So before going just wanted to check with you while coming back is any problem will be there at port of entry . I hearing many news they will deport even if we are us citizens. I had one reckless ticket that’s 6 years ago.Thanks for your help and support in advance.
I have never heard about a US citizen being deported, and so I think you should be fine. Take care, Jason
Dear Jason,
I hope this message finds you well.
My USRAP case was denied for security-related reasons, which I believe are based on false allegations made against my brother-in-law. These accusations were submitted by individuals who accepted bribes and falsely claimed he was connected to a terrorist group and identified him as Arab, even though he is Somali. They also submitted forged documents, including a fake passport, to support these lies. Unfortunately, USRAP accepted these claims without a thorough investigation and closed our cases.
We have heard from people in the camp that this was all arranged through bribery and false reporting.
My question is: What steps can I take to reopen my case and remove the false allegationsfrom our files? Is it possible for our case to be reconsidered separately from my brother-in-law, based on the fact that the allegations were false and supported by forged documents?
Thank you for your time and guidance.
I have not done a refugee case – I only do asylum cases in the US, and so I do not know about this. However, I think it is very unlikely you would be able to overcome these issues and it may be a better use of your time to look for other places you can go or other organizations that can assist you. Take care, Jason
The adversaries of an asylum seeker could always make up some accusations and pass that to DHS or DOJ…
Shouldn’t that be a point of worry ?
I reviewed fiscal report for I-485 adjustment of status based on the approved asylum published by USCIS.
It has a long list of major cities and backlog/processing time is very different for them.
When I was preparing to send my I-485 form, I went to address direction for mailing form and there was only 4 addresses for processing centers.
Jason, can you advise if fiscal report is based on the location you live or if those are local offices that get your case from (4) main offices that we send our forms to?
I’m about to move and have some flexibility. Would like to move to place without huge backlog if possible.
I do not know what report you are referring to. I do not know that you can predict which filing location or local field office will cause a case to go faster, and I would not move to a location based on that. But I guess if you can see a pattern and can find a location that may be faster, and if you don’t mind where you live, you can give it a try – there is no harm in that. Take care, Jason
false allegations were submitted against my brother-in-law by individuals who were given bribes accusing him of being associated with a terrorist group and falsely labeling him as Arab though he is Somali.they also submitted forgery passport to make the lies believed by the USRAP. The usrap believed those lies without an investigation and they denied us and closed ours cases. These lies were supported by forged documents and bribes. We have heard this information from the mouth of the people in the camp.
What’s wrong with my case?
I am not sure what your question is, but as I understand it, there are very few refugees getting admitted to the US now, and so even if this did not happen, it would be unlikely that you could get to the US. Take care, Jason
I want to ask about since the asylum EAD becomes longer.
Do asylum seekers feel less discrimination in job finding ? Please share your experience. Since it’s longer validity…employers should be less concerned about employee retention…right ?
Hello Jason,
Do you think this administration can pass the Dignity act that was reintroduced on July 15,2025? Would that be helpful for pending asylum seekers (2016), or that act aimed to “protect” undocumented immigrants?
Thank you.
Dignity Act is trash! It was introduced during Biden era and the house speaker or parliamenterian through it in a trash can. That shameless ladies brought it back, nobody will buy her crocodile tears. If she really wanted to help immigrants, she should have never voted for BBB, what a hypocrite
I have not been following that, sorry. There are many bills and it is difficult to keep track of them. Take care, Jason
Hello Jason,
My asylum case was terminated without prejudice and the DHS didn’t oppose the motion so I can adjust status through my immediate family. What does termination without prejudice mean?
Do the new resources and more funding mean they can go back at any point and decide to reopen a previously terminated case BEFORE completing adjusting the status or AFTER adjusting status or even when applying for citizenship?
Thanks!
It basically means that your court case is over. If the adjustment fails or something else goes wrong, DHS can file a new court case against you (this is what “without prejudice” means here). I highly doubt they will bring a new case against you, and as long as the adjustment works, you should be fine. Take care, Jason
Hi,
My asylum case was filed in early 2017. I had 3 dependents on my case. We all had biometrics done in 2017.
I recently got a mailed notice for one of my dependent who turned 20 last month for biometrics, she was 11 in 2017.
What does this mean to have biometrics notice for my dependent. Do you think my case is up next? My case is in Houston office.
Thanks Jason
She should attend the appointment. Whether it means an interview is coming soon, I do not know, as sometimes an interview comes after a biometrics appointment like this, and other times, it does not. However, it is a good idea to get everything ready, in case they schedule the interview. Take care, Jason
Respected Jason,
I had a master calendar hearing in NYC in early July 2025, and my hearing was cancelled without a new hearing date. My attorney submitted an incomplete (partial) statement to the court before the master calendar hearing.
1_My whole statement was a total of 8 pages, and the attorney submitted 5 pages. page 3,4, and 5 were missing in my statement.
2- I request him to resubmit my full (8 pages) statement. He said if he resubmitted the statement, it would be treated as a duplicate statement. He wants to wait until I get a new hearing date to resubmit the corrected statement.
I feel deeply concerned about the situation in my case. What action can I consider to address this situation?
This situation is dire. I’m disheartened, like I’m dying every moment. At this point, what should I do? Is there any way I could resolve the issue? Please give me your thoughtful suggestions. I’ll be grateful to you forever. Thank you very much.
Hearings get canceled and rescheduled all the time, so unless there is some reason to think this is related to your case, I don’t think it is a problem. Most likely, you will get a new date soon, and if there is nothing in a few months, you can file a request for a new date, or you can also have the lawyer submit a written statement instead of attending the MCH. In other words, everything that you would do at the MCH can be done in writing instead. As for the error submitting your statement, I also do not think that will be a problem, as long as it is corrected before your final hearing. However, given that this seems to be a lawyer error and it is easy enough to fix (submit the full statement with a brief explanation about the error), I am not sure why the lawyer will not do that now. It may be worth having an explanation from the lawyer about this, and if the lawyer is not properly serving your needs, you may need to look for a different lawyer. Take care, Jason
I got an intention to deny form the asylum office, I have a valid status- I believe I will get denied.
The officer was so aggressive- caused me flashbacks form persecution that I faced. Minute one I in the interview me and my lawyer we knew they will be aggressive and they know nothing- I mean it- about my case. They suppressed me all the interview form expressing/ explain any thought. They kept asking closed ended questions. Same day we spoke to the supervisor- we asked fo consideration to re-interview. However I think they won’t do it.
What options I have now? Me and my family on the case! It not fair to wait 10 years for an interview and then you get suppressed so they can deny you!
Can I reapply? What about my EAD? Can I take it to the court ? Can I appeal the decision? Can I sue them?
The first step is to oppose the Notice of Intent to Deny – I wrote about that on February 21, 2018. If the case is denied, you can ask for them to reconsider the decision, though that rarely works. You can also re-apply. You may not want to do that if you expect to be in lawful status for some time, as they will just deny again, but if your legal status ends, they will refer you to court. If you re-apply, it is likely that you will not wait as long, but that is not certain. Newly filed cases are mostly getting fast interviews, but re-filed cases may not be. Also, if you are currently in status, you may have other options aside from asylum, and it would be worth exploring those with a lawyer. Take care, Jason
In my opinion, all the steps you mentioned are either costly or lengthy in process…to the point that it could be impractical for an asylum seeker without a lot of resources. And I want to stress that this is a criticism about the process itself.
Is there any other cost-effective, affordable way that this person can…have the asylum office voluntarily change its decision, without having to go through the lengthy, complicated, expensive administrative and judicial appeal process ?
I have a feeling that this is what he is ultimately asking for. I could be wrong, but I feel that even though you probably give the correct answer. But it doesn’t seem to really help his situation.
Unfortunately, it has always been true in US law that those with money get more justice. That is doubly (or triply) true now with immigration law. Take care, Jason
I understand. But it’s being always like this doesn’t mean it should be like this…it’s being always like this doesn’t justify its legitimacy or that people should just accept that.
Is there something that the asylum community could do to make the situation not be like this ? After all, there are asylum seekers who don’t have a lot of money but who want to overturn a an asylum office denial…
One idea is to tell their stories, to try to convince voters and the public of the value of asylum. I wrote about that on March 28, 2018. Take care, Jason
Hello Jason
My asylee based green card application transferred to USCIS local Baltimore office in March 2025 to schedule for interview. My case has been pending for more than 28 months. I inquired twice about my delayed case through the congressman and e- Request USCIS outside normal processing time. The answer I got is just wait for the decision. My field office told me my interview will be scheduled once an appointment is available. I do not know how long it will take to be scheduled for the interview. Jason, from your experience, how long it takes to be scheduled for the asylee base green card interview after the case is transferred to local USCIS office? The other thing I plan to file a writ of mandamus. What do you advise me?
Thank you
I do not know how long it takes from the time a case is transferred to the field office, but time frames are very unpredictable in general. Supposedly, there is a “pause” on GCs for asylees, but USCIS has not given any info about that, so we do not know who is effected or for how long. Maybe that is the issue for you. I think you can try a mandamus in a situation like this, and it may work, but talk to a lawyer who does such cases first to be sure whether you can file it now or you have to wait longer. Take care, Jason
Jason,
Can they deny granting green card after asylum was granted?
What if they deny the green card and why?
What happens next? Is a person suppose to live under asylum status forever? I understand, they are not able to revoke asylum granted status, but can they deny giving a green card?
I do not know why they would deny an asylee’s GC, unless the person had criminal issues or they find that the person committed fraud or lied on a form. Otherwise, the “pause” seems related to the usual boogeyman of “national security.” Under the law, asylum can be revoked if the person committed a fraud or if country conditions changed such that the person no longer faces persecution back home. It can also be revoked for criminal convictions. Take care, Jason
Hi Jason,
I have a pending asylum since 2017 at Arlington office. I heard they are processing older cases but didn’t hear anything about my case. Do you think trying USCIS Ombudsman Office be helpful? How long will it take vs waiting the regular interview?
Thanks
They are currently interviewing cases from 2016 and maybe 2017, and so you should get ready, as you may get interviewed soon. Unfortunately, the Trump Administration eliminated the USCIS Ombudsman’s Office, so that is no longer an option. If you wanted to try to expedite, I wrote about that on March 23, 2022. Take care, Jason
Hi Jason,
My Mom has an interviews for her asylum in next month. But she don’t have a valid Id, her ID expired because she dont work and did not renew her EAD. Can she go for the interview or what should we do?
Thank you!
She should bring whatever IDs she has – the passport is most important if she has it, even if it is expired. She can also bring the EAD, her state ID, and any other ID or birth certificate that she has. I think it will be fine, eve if it is expired. Take care, Jason
Thank you, Jason!
Hi there –
has anyone successfully filed “nunc pro tunc” after divorcing the principal asylee?
I have not done that, but it is possible. Check the Special Instructions on the I-589 web page at http://www.uscis.gov. Also, I wrote more about this on January 26, 2022 and maybe that would help. Take care, Jason
Hi Jason,
I wanted to inquire about my husbands immigration case. As we are in desperate need of help and he has a regular check in date scheduled for August 13th in Los Angeles. We’ve spoken to many different immigration attorneys and also have an attorney attained but nobody seems to have a clear answer for us. My husband came into the US legally with his family in 2000 and obtained a green card in 2005. His entire family and I are all US citizens. I am also now pregnant. In late 2009 he was detained and his green card was taken away due to some criminal convictions between 2005-2007. In 2011 he was then granted withholding of removal. He’s been checking in annually ever since with no problem. Since then we got married in 2019, we own a home and run a business together and filed the i130 which was approved in Sept. 2023 and his attorney then filed a OPLA PD to hopefully dismiss his case and move forward with the adjustment of status (which is still pending til now after the approval of our i130) We’ve also hired recently a criminal attorney to work on his criminal conviction from 2005-2007 to try to get them vacated and expunged. Our main concern is his ICE scheduled check in coming up Aug 13. His country of origin is Pakistan. We are terrified especially after the recent memos about the third country deportation. Could you please share with us your thoughts on his check in date and his case in general. Thank you.
I am not sure how common it is for people to get deported to third countries, and my sense it is not that common. However, people with criminal convictions will likely be a priority. I would imagine it depends on the nature of the conviction, as some are more serious than others. Maybe a criminal lawyer can reopen the old conviction and get that vacated, though I imagine that will not be easy after all these years. Unless the conviction is vacated (as if it never happened), it will still have a negative effect on the immigration case. In terms of the check-in, I think you are doing what you can, which is to have a lawyer available who can file a habeas corpus case if needed. Also, it may be worthwhile to reach out again to DHS to see if they would agree to vacate the deport order, so he can adjust status, though I doubt they will be willing to do that. Also, of course, the criminal issue may affect his ability to adjust status, and I am sure you are talking about that with a lawyer as well, including whether he needs a waiver. I wrote more about deportations to third countries on March 12, 2025 and maybe that would be of some help too. Take care, Jason
with his withholding being approved i130 approved and the OPLA PD is still pending and the fact that he came in legally and we also recently hired a criminal attorney to try to get his convictions vacated. do you think there is a chance of detention in Los Angeles?
I am not that familiar with how ICE is operating in LA, and so I am not the best person to ask. I believe they have the legal authority to detain such a person, but whether they have the capacity or inclination to do that, I do not know. I would prepare for the worst, so you can be ready, just in case ICE does detain him. Take care, Jason
Hi Jason,
Hope you’re doing well! Are you seeing any GC processed from the banned countries? And how long has the waiting been recently?
Thank you for your continuous support!
I have not, but I have not seen any such cases denied either, and I do not know whether the ban has any effect on GC processing. Supposedly there is a “pause” on GC applications from asylees, but we have little info about this and at least some cases are still being approved (though I do not recall whether any were from banned countries). Take care, Jason
Hey Jason,
Thank you for your help!
Applied for N400 but forgot to disclose 2 speeding tickets I had 5 years ago. Both tickets were paid and dismissed by judge. My interview is scheduled and what should I do?
Thanks again
I think this is not an issue as long as they were not criminal arrests, but it does not hurt to bring evidence about that and tell the officer at the beginning of the interview. It is always better to tell them about such things, rather than to wait for them to ask you. However, in this case, where it seems only to be a traffic ticket, it should not be an issue. Take care, Jason
Thank you! I appreciate your help
Jason, thank you for your help!
Are there any possible concerns about arrest or deportation for someone who was granted asylum recently?
I have not heard about anyone who has received asylum having any problems like this, so I think you should be safe. Take care, Jason
Hi Jason,
Do asylees qualify for unemployment benefits if one loses their job and they don’t have a green card yet? Thanks.
Yes
I am not sure, and you would have to check with the unemployment office, but I believe that they do, as I think some of my clients have received unemployment benefits before. Take care, Jason
Dear Jason,
thank you for what you do for the community.
I have one question: we had our interview with USCIS recently in DMV area. We were told to wait until the notice to pick up the decision to be mailed.
– how long you believe the decision will take? I heard some sort of two or three weeks these days.
– did you hear anything about ICE arresting people while try to pick up the decision?
Thank you!
1 – It is not very predictable, though these days, it is faster than it used to be. Most people probably have their decisions in a month or two. 2 – I have not heard about ICE detaining anyone during the pick-ups. Take care, Jason
Thank you for this. Can I ask one more question, please: what happens if the asylum denied by the officer and the file is sent to judge:
– will EAD stops?
– how much time usually we have to file and see the judge once the case is denied by the officer?
1 – You can renew the EAD as before. Being referred to court has no effect on the EAD. 2 – It varies by judge, but in most cases I have seen, the first hearing is usually within a few months and the final hearing is usually 8 months to a year after that, but different judges have different schedules, so you never know. Take care, Jason
Hi Jason, what are your thoughts on ICE’s new memo stating that they can deport individuals to a third country within 24, or even 6 hours of notifying them of their destination? Specifically, will this policy apply to asylum seekers? For instance, if a person fears returning to their home country, could ICE deport them to a country they’ve never been to – especially if that country has higher crime rates or ongoing conflict? Also, who’s responsible for ensuring that deportees truly receive the full 6 hours’ notice? I’ve read some reports that people deported to Sudan were instead told they were being moved to a different U.S. state, until they ended up in Sudan.
I wrote about what to do if you have WOR or CAT on March 12, 2025, but that is now a bit dated, as things keep getting worse. We will see how this plays out in real life, but it is very bad for people with WOR or CAT and will also be very bad for our country, which has largely lost its way morally. I do think there are still some opportunities for courts to intervene in these cases, and so if you have WOR or CAT, it is worthwhile to talk with a lawyer to have a plan. I do not think this applies to people with pending asylum cases, or people with asylum, as such people are allowed to remain here and cannot be sent to a third country. Take care, Jason
Hi Jason.
My wife and I applied for asylum together in 2017. In 2019, she was stopped by CBP at a U.S. airport. Although she had our marriage certificate and the I-589 receipt, they placed her in removal proceedings, took her passport, and released her after the interview with NTA(without the date). They instructed her to check in with ICE annually.
At the time, our previous lawyer believed this was more of a harassment tactic—that there was no real case and it would never proceed to court.
For about five years, no removal case was initiated, and eventually, we received an asylum interview through the WOM. During that interview, USCIS didn’t see my wife listed in the system, and we assumed she had been detached from the case due to the 2019 incident.
While awaiting the outcome, I began preparing an I-730. Then, a year later, a USCIS officer called us to say they had obtained jurisdiction over her case and needed to conduct eligibility questioning. That interview went smoothly, and we were approved a few days ago.
I’m now a bit unclear about the next steps:
1. Should we contact ICE to formally close or confirm termination of any removal proceedings?
2. Does USCIS’s jurisdiction and the final approval mean that ICE has effectively forfeited removal?
3. For future forms or applications, should we always indicate that she was in removal proceedings, even if no case was filed with the court? I assume we will need to attach some sort of letter as you always advise. However, even while I write this, I can’t figure out what to write in the letter since the situation is so confusing.
Apologies for lengthy message.
1 – You should give ICE a copy of her asylum approval. Normally, if they know a person has been granted asylum, they leave that person alone. If you are unable to contact them and confirm that they have canceled her next appointment, she can go to the appointment with proof of her new status and they should close her case. 2 – If she has asylum, she is no longer removable and so ICE should not attempt to remove her. 3 – I think you will have to say that she was in removal proceedings, but also provide an explanation about what happened (as you did above). I would just explain that she was issued an NTA, the case was never scheduled for court, and ultimately, she received asylum from USCIS. Take care, Jason
Thank you, Jason.
Do you know if there is an email that we can use to reach out to ICE.
Her appointments are in April so the next one is 9 months away.
It depends where you are – you can try to reach out to the local DHS Office of the Chief Counsel and maybe they can help. You can find a link under Resources and you can follow that link to find a phone number. Take care, Jason
Hello Jason,
I have pending asylum with USCIS . I have first DUI case , paid my fee and did community work.
I read the house pass H.R.875 Bill that is pending on Senate.
If the Bill passes, does it mean that all people with DUI are not qualified for Asylum ?
Thank you
I have not seen that bill, so I am not sure. In the past, I DUI would normally not block someone from asylum, but Congress could change that. Whether that would be retroactive, I am not sure either, as that would also depend on the bill (and often times, a retroactive rule is unconstitutional, but it depends on the situation). Take care, Jason
Good news for all asylum community
ASAP members stopped work permits from becoming shorter – this was a huge win! But the “Big Beautiful Bill” still adds fees for work permits and asylum applications.
permits for asylum seekers continue to be valid for 5 years.
I think we will need to see if USCIS issues new rules about this, but it is good news that the OBBB did not reduce the validity period for work permits. Take care, Jason
Hello Jason,
I am writing to ask for your advice on how asylum applicants like me should behave while waiting for our interview with USCIS.
It would be beneficial to know what to do if immigration officers come to our home or workplace. Specifically, I have the following questions:
Can they visit us? Are immigration officers allowed to come to our home or work while we are waiting for the interview?
Documents needed: What documents should we have ready to show them?
Contacting a lawyer: Can we contact our lawyer immediately if officers arrive, and what is the best way to do this?
Your advice will greatly help us understand the situation and feel more at ease. Thank you very much for your help and support.
Thank you!
I wrote about this on January 29, 2025 with some links that might help (such as “know your rights”). I have not heard about ICE visiting affirmative asylum seekers at their homes, but they could do that. The “know your rights” website talks about what to do and what your rights are, but if you can afford it, it is a good idea to have a lawyer who you can call if needed. I would look for a lawyer who has done “habeas corpus” cases before, as that could be needed if you are detained. Also, it is a good idea to have a friend or family member who has all your relevant info and can assist you if needed. Take care, Jason
Hi Jason,
My MCH is scheduled for September. Could you please advise me on how to prepare for it and what steps I should take beforehand? Also, do I need to bring all copies of my documents to the MCH, like I did for my interview with the asylum officer? Thank you so much for your guidance!
I wrote about this on March 7, 2018 and that post may help. Otherwise, the main thing for an MCH is to make sure all application for relief are submitted to the judge. If the case was referred from the asylum office, the judge should already have your asylum application, but you may be seeking other protection as well. Also, court is very difficult without a lawyer, and so it is a good idea to try to find a lawyer before the MCH. Take care, Jason
Hi Jason,
Is it okay if a green card holder (through asylum) travels outside the US on the passport from the same country considering the current situation?
Hi Jason,
I hope you’ve been well.
I finally had my final hearing today and was denied all forms of relief. The judge stated he found my claims of past persecution credible but doesn’t believe there is a well founded future fear of persecution.
Is it too late to get a new lawyer to handle my appeal to the BIA?
Or can I get a lawyer e.g. you who is familiar with BIA cases as an advisor to work with my lawyer on my BIA appeal?
Would you be open to either of these options?
Thank you!
I am sorry for this news. You have to get the appeal filed within 30 days of the court’s decision, so that is the most important thing. Your current lawyer can file that or a new lawyer (or you can do it yourself). That is up to you. But it has to be filed on time. What needs to be filed now is just a short form. Later, your lawyer will need to file a “brief,” which is the bulk of the work where you explain why the Immigration Judge erred in the decision. The time frame for the brief is not predictable. These days, it is 1 to 4 years, but that may change. I wrote more about the BIA appeal process on April 10, 2024. Our firm can assist with that if you want. The best thing to do is to call for an appointment, but you should do that as soon as possible, since you have a limited time to file the appeal: 703-952-3275. Take care, Jason
Thank you! I just called and set up an appointment with you for the 21st. The deadline the judge gave is August 11.
The judge has already determined that he doesn’t have a future persecution fear, he can go home.
I mean…if he doesn’t have a fear, he should go home…
How could a lawyer help here ? Lawyers cannot misrepresenting the facts, right ?
If both the USCIS asylum officer and IJ determined that this person is not qualified for asylum. Shouldn’t a private citizens and non-citizens pay some necessary deference to their decisions ? After all, both DHS and DOJ officers are government officials and they are duly appointed, they have the necessary qualification and intelligence to make decisions in these cases. Why are some lawyers and noncitizens trying to challenge their authority ? Do lawyers and noncitizens think they are somehow more correct than DHS/DOJ officers ?
This is what you call due process! Are you seriously that dense or simply completely devoid of any understanding whatsoever? Just because the judge and officer deny or refuse approval doesn’t mean the entire matter magically ends there! No! There’s an entire appeal process, just like with ANY other case!!! Civil, criminal, you name it! The judge and officer are bound by standards, yes, BUT! They also wield their so called “discretion,” which they misuse or abuse based on THEIR skewed judgment or biases. Their decisions? Not gospel. Sometimes understandable, yes, but often riddled with biases, prejudice, and unfairness that NEED to be challenged! This isn’t some black and white, cut-and-dried scenario!
And let me tell you something, challenging authority isn’t just okay. It’s necessary! Yet here you are, acting like some mindless, boot licking simpleton; clearly too tiny-brained to grasp even the basics. We have NO idea about the specific circumstances or reasons why this person wants to continue fighting. But you? You come in with your pathetic, premature “just go home” comment like you’re some kind of authority? That’s not just clueless; that’s malicious, bad-faith nonsense! Every case must be treated with the seriousness and independence it deserves. If someone genuinely believes, with solid evidence to back it up, that their safety is at risk or their rights are violated, they HAVE the right to continue the appeal. That’s respecting the process!
And YOU have absolutely NO right to tell them to go home or give up. Just as it’s none of your business to demand that they shut up or bow down. Same way I could tell YOU to get a lobotomy for your blind obedience to unjust authority; because clearly, you’re born to serve and lick boots. Our system is supposed to be JUSTICE, not a platform for mindless submission. So get a grip and stop with this bad faith, disrespectful nonsense!
But, after double denials. I don’t think people should still continue to appeal. Because it’s a huge burden for governmental and legal resources. Legal resources that other people in removal proceedings may need. I don’t want lawyers to say “oh no I am so busy and I cannot take your case” when an asylum seeker in removal proceeding is asking for help.
If the uscis asylum officer and IJ concur..the probability that they are both wrong are extremely small. If we appeal every case, that will clog the system. Its kind of disrespecting to both the DHS and DOJ. I don’t think private citizens or non-citizens should question the qualifications and intelligence of duly appointed government officials. BIA almost always side with the IJ…just so you guys know…so I plead that asylum advocates encourage asylum seekers who are ordered removed by IJ to voluntarily depart and steward legal resources to people who are in active removal proceedings, ie people who need lawyers more and where legal resources could make a difference
It is possible to have no future fear of harm and still win asylum – it is called “humanitarian asylum” and is part of the regulations. Take care, Jason
Once again, who the hell do you think you are to sit there and lecture about whether someone should pursue their case or not just because they faced double denials? Are you so blinded by your own blind loyalty that you think your pathetic, bootlicking admiration for the government somehow grants you authority? How dare you act like burdening the government’s already bloated legal resources is some outrageous crime; what do you think they’re paid to do? That’s their job! Get your narrow-minded, fascist nonsense out of the way and open your eyes to reality!
This is why one of the biggest, most urgent demands even before this current administration took power was to increase judges and officers, because everyone with any sense knows the backlog is a SYSTEMIC FAILURE; you know, a problem of capacity that the government refuses to fix! The US has the money; oh yes, the biggest economy on earth; yet they choose to throw endless cash at the 1% and pointless wars, while ignoring the critical need to manage immigration properly. Are YOU part of the 1%? Of course not, because you seem to think increasing staffing and fixing systemic issues is some outrageous idea; just like expecting a business to hire more when demand skyrockets. It’s common sense, for crying out loud!
And let me make this perfectly clear: While we absolutely need to address security and border issues, touting that as the sole reason for inaction is shortsighted. We have decades of study proving that immigration boosts the economy, especially now, when the US population is shrinking! A healthy economy grows alongside a growing population; more workers, more spending. But no, your tiny brain gets fixated on some boogeyman; “immigrants are bad,” as if the mere act of seeking a better life is some crime deserving punishment. Do you even understand how immigration benefits the country? Do you have a single clue about macroeconomics? No; you’re just a narrow-minded fool, blinded by fear and prejudice.
And speaking of stupidity, your obsession with blaming the person for choosing to appeal; without knowing their situation is disgusting. Your simplistic, binary thinking that the act of appealing disrespects the government proves you’re nothing but a pawn, a manipulatable idiot. You latch onto government propaganda like a mindless drone because challenging authority; actually demanding reform; that’s too hard for your limited brain, isn’t it?
You’re so eager to follow the “leader/authorities” so easily manipulated, that you forget there’s a world of nuance and complexity beyond your tiny, biased bubble. The US has the money, resources, and capacity to fix this broken system; yet you, and others like you, support nonsense and cling to harmful stereotypes. Crime rates among immigrants are LOWER than among citizens, but you ignore that fact because it doesn’t fit your narrative. Instead, you spend your time obsessing over “immigrants are bad,” “go back home” glued to echo chambers that keep you deluded.
Let me make this crystal clear; when Reagan was in office; yes, that era when real, old-school conservatives wielded real power in governing; they did a full-blown, unapologetic amnesty! They let immigrants stay, gave them a pathway to residency because they knew damn well how much they contributed to the US economy with their labor, talents, and skills! Do you think that’s all? Think again! That ignores the massive benefits from tourism, knowledge sharing, and the influx of global geniuses coming in! And you, apparently, forgot about the immigrants who flee from countries shattered by US foreign policies! So, instead of locking yourself into some narrow-minded box, you better expand that tiny brain of yours and see the big picture! But no, I don’t expect someone like you to get it; your mouth is glued to the ‘authority’ nonsense, no matter how much evidence screams otherwise. That’s why most people rightly oppose any form of authoritarian control, especially when the US was founded on principles to prevent exactly that! And here I am, left to wonder; are you brain-dead? Or just a manipulative troll deliberately spreading misinformation, division, and chaos with your ‘go back home,’ ‘respect the authority’ garbage? Enough of this rubbish!
What you need; what EVERYONE needs; is to question authority, demand transparency, and push for fair, humane reforms. I honestly believe you come here with bad faith, with malicious intent, revealing yourself as a simple-minded brute with one line of thought.
It utterly blows my mind how you have the audacity to bring up “lack of resources” as if it’s some kind of excuse, when in reality they’ve flushed more money down the drain on raids, camps, and all that ridiculous nonsense! Do you even realize the damage that does? It’s not just destabilizing the economy; it’s destroying the very foundation of morality in society! That wasted money should’ve been poured into actually supporting the people who do the real work judges, officers, staff and addressing the terrible backlog! The very thing you said. And don’t even get me started on security concerns like our borders. All of this could be managed simultaneously if anyone in charge had half a brain!
And yet, what do you do? You act like the U.S. doesn’t have the funds! You point fingers at immigrants, blame them for the backlog, accuse them of “not respecting the process” when they appeal; how utterly shameless! It’s the government’s responsibility, to follow the damn process and manage the budget properly! Did that ever even cross your mind? Or are you so pathetic that you prefer to scapegoat helpless people just to hide your own failures?
I swear, you must be born a bootlicker; completely obedient to the powerful, unquestioningly eager to be used. If I told you to lick my boots as the leader, I’d bet my life you’d do it without a second thought, because that’s exactly what your comments amount to. Pathetic doesn’t even begin to cover it!
Jason, I wanted to kindly suggest that you might consider implementing some ongoing monitoring of your website, particularly the comment sections. It appears that there may be some individuals posting comments that could be interpreted as coming from bad actors or those not engaging in good faith.
If you observe recurring themes such as phrases like “go home” or “defeatist” attitude please know that these comments usually do not aim to seek constructive discussion or collaborate on improving our immigration system for societal benefit, especially from a macroeconomic perspective. It’s important to recognize that many individuals moving to the US or seeking refuge do so due to necessary circumstances, and their contributions can ultimately support the economy in the long run through increased workforce and talent.
Our collective goal is to foster understanding and encourage productive dialogue, rather than create misconceptions or division, which can sometimes be amplified by coordinated efforts; what is often referred to as ‘brigading’. I can see some comments start to pop up in your site in the comment sections. The complex procedures and red tape within our system can be challenging, and I believe that a more humane and streamlined approach, while maintaining security and proper vetting, would be beneficial for all parties involved. I appreciate your dedication and efforts in maintaining an open and respectful platform.
I do remove comments that I think are out of line or unhelpful, but I prefer to allow as much as possible. While such comments are annoying and unproductive, there are not so many of them and they can be ignored. Take care, Jason
And I must say I have to agree with 1A and support it as well.
Thank you very much for your comments; I appreciate your response. I hope my recent remarks did not come across as impolite. My intention is to maintain an open and honest dialogue, and I simply wanted to express some concerns regarding the points raised by certain individuals.
I think your comments are appropriate and your frustration with that person is also understandable. For me, I prefer to err on the side of leaving most comments up, and I ignore the ones that I think are not helpful. Take care, Jason
-Respected Jason,
I am an asylum applicant. I had an internet-based Master calendar hearing on July 9, 2025, at 9:30 a.m. at 26 Federal Plaza Immigration Court, NYC, NY.
I attended the hearing from my Attorney’s office. My attorney logged in to eoir. Webex to join the hearing on time. Unfortunately, the Honorable Judge didn’t join the hearing until the afternoon. So, I couldn’t complete my hearing.In the meantime, my attorney check the operational status of the court, Operational Status saying the court is “CLOSED”.
Today, July 10, 2025, the EOIR automated case information says THIS CASE IS PENDING and THERE ARE NO FUTURE HEARINGS FOR THIS CASE.
At this point, what is my risk? What should I do to save my life? Please provide your thoughtful advice. I appreciated your help as always. Thank you very much.
Courts sometimes close and this is not very unusual, and it probably has nothing to do with your case. Unless your lawyer has other advice, there is probably nothing to do at this point, and the case will automatically be rescheduled in the near future. Take care, Jason
Hello Jason and everyone here,
Do you or anybody know that the green card application is ready under hold for asylee?, have you seen somebody i-485 gets approved these days under grant asylum?, thank you.
The only reason we know about the pause on asylee green card applications is because it was reported in the media. We have very little info about this, and at least some asylee green cards are being processed. Take care, Jason
Jason in regards to Green Cards.
USCIS uploaded a so called fy22 report for May 2025.
We can see that in April they approved 1100 GC based on asylum, in May they’ve approved 900 GC based on asylum.
The total backlog is around 80,000 GC based on Asylum and 45000 of them more than 6 months waiting.
In January,February and March around 8,000 -9,000 GC are approved each month.
So we can see that there is a pause for some people. Maybe U4U or CHNV. In June CHNV and u4u pause got canceled by judge so we should see if that number will go up to confirm the guess.
Also, i know people who got their Gc based on asylum in June personally.
Hello,
Thank you so much for information, may i ask you what is the resource for these numbers please?, thank you.
Thank you. Who knows if this is due to USCIS problems or an actual pause? The agency is having real problems and – despite the fact that they are raising prices – I doubt things will get better any time soon, but I guess we will see. Take care, Jason
Dear Jason, Thank you for your quick response to my previous inquiry. I appreciate your insights and would like to ask a couple more questions regarding your last article.
You mentioned an additional fee of at least $100 that will be charged each year while the asylum application is pending. This seems unfair, as it penalizes asylum seekers for government delays. Could you please clarify how this fee will be collected? Will we receive a bill or notification?
In your article, you discussed the potential risks for asylum seekers in the U.S., where increased enforcement funding could lead to non-citizens being detained at any moment, even during court hearings or USCIS interviews. How is it possible for an asylum applicant to be detained at a USCIS interview if the decision on their case might not come for a year, after which the case is transferred to immigration court? What steps can we take to protect ourselves when attending such interviews or similar appointments?
Thank you for addressing these concerns. I look forward to hearing from you on these things.
I do not know how the new $100 will be collected. Also, $100 is the minimum fee, and so it may be more than that. We will need to wait for the agency to issue the rules to know. In terms of protecting yourself from ICE detention, I think being prepared for your case and having a lawyer available to assist if you are detained are two things you can do. If you do not have a lawyer, at least have someone available who can assist with a bond request if you are detailed. At this moment, I have not heard about affirmative asylum seekers being detained, and people in court who are detained tend to be people who entered the US at the border. The situation will probably get worse, as DHS will hire more ICE agents and they will need something to do, but I expect it will take a while for that to happen. Take care, Jason
Once in a while, I feel I need to voice out my admiration for you as an informed asylum advocate.
Please keep up the good work !
Hi Jason, can i renew my COP passport? RTD is a joke 14months to get it and u can travel for 6,since every country needs at least 6 months of validity…
I’m not a high lvl politician and My case is based on arrests by local police….
Also my country renew passport through registry and not through police or other law enforcement entities…
It is better to not renew the passport, but if you have to, you should be prepared to explain why you renewed and why a country that wants to persecute you would be willing to renew your passport. I have had many clients do that with no problem, but things keep getting worse and so it is better to avoid renewing if possible. I wrote more about this issue (and the RTD) on May 25, 2022. Take care, Jason
I wanted to express my gratitude for your insightful article. It seems that the world is becoming increasingly uncertain, which has prompted me to reach out with a question regarding my situation.
Next year, my child, who is a U.S. citizen and will be turning 21, plans to file a petition for family reunification on my behalf. As an asylum applicant since 2015, I have some concerns about the renewal of my work authorization card. My current card was issued for five years and is valid until 2029. However, I read in your article that there might be challenges in renewing it in the future.
Given these circumstances, I am wondering if it would be possible for me to apply for a new work authorization card at the same time we submit the family reunification documents. This step would help ensure my continued ability to work legally and provide security during this transition.
Thank you for your guidance and support. I look forward to your advice on how best to proceed.
Assuming you are eligible and your son files for you after he is 21, you can file for a new work permit based on the pending Green Card case. However, you now have to pay for that, and so you might want to wait to see if you get the GC before you pay for a new work permit, since you will not need that until 2029. The main reason someone in your situation would apply for a new work permit based on the GC application is because you can get a work permit that is valid for purposes of re-entry, so you could travel using your passport and re-enter the US using the work permit (this is called Advance Parole and requires you to file form I-765 and I-131; this cannot be done based on pending asylum, but can be done based on a pending GC application from your son). Take care, Jason
Hello Jason,
backlog in immigration agencies has been bad and sound to only get worse after BBB introduced.
I have a problem with my WAD
my WAD(ending #1020) was expiring August 2024
filed for renewal in advance in February 2024
received new wad(ending #4090) in may 2025 but the card had my last name misspelled
I followed instructions to file typographical error form and mailed the wad4090 to the office.
June10 2025 the wad4090 was destroyed in the facility ( I was told that by a representative over the phone)
now in July I do not have a physical wad card and I do not have a trackable case about what is going on with my typographical error correction ( the website only gave me request ID, the ID is not trackable online).
can I submit a new application for wad renewal, pay the fee again or should I wait the response about the typographical error request? I am afraid that if I submit a new application my cases would get confused and stuck forever. please advise. ( if submit new application can I use wad1020 that expired in august 2024 or wad4090 that allegedly been destroyed in the facility)
Best regards,
Dzmitry
I have seen only a few situations where there was an error on a work permit, but when we sent it back, USCIS corrected it pretty quickly – maybe a month or two. I would wait a bit longer to see if they send you a new card, and not, probably it is best to call them again. Assuming you still have the receipt from the renewal and that you filed before your old card expired, USCIS should have extended the old card by 540 days (this is listed on the receipt) and so hopefully that gives you some time. I expect they will correct the card, and I agree that it is not a great idea to file another I-765 unless you absolutely have to. Maybe give them some more time to see if you get the new card, and if not, try to call to follow up. Take care, Jason
Hello Jason,
Hope you are doing great, I have a little question to ask.Last year in July randomly we received our asylum interview letter after 7 years of waiting time but because of our baby’s birth we requested for reschedule and they accepted our request. Just because of rescheduling my husband Ead clock was stopped ,but today almost after a year my husband received approval notice for his Ead. What do you think we will have our interview soon ? Because as much i have heard about that your clock won’t restart until you appear for interview. Please reply .
Thank,
Once the clock reaches 180 days, there is no effect on the EAD (or EAD renewals) if it stops, so this is normal. If you want to inquire about rescheduling, you can email the asylum office to ask – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason, i got my GC through asylum, considering the current situation is it okay for green card holders to travel to Europe? Also is it okay to travel on my country’s passport being an asylee?
People do travel with their passports and I have not heard about anyone having an issue. However, it is safer to use a Refugee Travel Document (form I-131, available at http://www.uscis.gov). The RTD is not a great document, as it is only valid for a year and takes 1+ years to get it, but it is the best way to travel if you can wait to get it. I wrote more about this on May 25, 2022. Take care, Jason
Hi Jason,
I have a travel document but I am from the banned countries. I am an asylee waiting for my green card is it safe to travel? Can the officer at the airport reject my entry? Have you heard of anyone being denied with a travel document but from a banned country?
Thanks,
Hello Jason! My immigration judge was fired by the Trump administration. But her name is still on my individual case. Do you think I should move the case to another court? Or will I be assigned another judge?
The case would be assigned to another judge. The only way to move the case is for you to move to a new location that has a different court. That is up to you, but I am not sure what the advantage would be. If you are eager to have the case decided, you could file a motion with the court to set a date – in court it is much better to have a lawyer, and you can ask the lawyer about that. Take care, Jason
As I read the travel ban, it does not apply to asylees. However, I have not heard anything – good or bad – about asylees from banned countries traveling, and so I just don’t have info about that. Given all that is happening, I would only travel if it is very necessary, at least until you have the GC. Of course, you will have to decide for yourself, but I think with the Refugee Travel Document, you should be able to get back to the US. It’s just that the current Administration is acting in ways that don’t always follow the law, and so there is no certainty any more. Take care, Jason
Hi Jason,
Thank you for the update.
I was wondering if you know if new H.R. 875 can be applied retroactively?
Can a permanent resident (since 2025) with expunged DUI case back in 2020 travel outside of the U.S. and safely come back right now?
Thank you for your response
I doubt that old conviction would create problems for you, especially since it sounds like you have not had any issues for 5 years. If you have no other issues with immigration violations or criminal issues, I think you will probably be fine. However, without learning more about the case, it is difficult to know for sure, and so you might want to talk with a lawyer about the specifics of your situation to be more certain. Take care, Jason
I may be mistaken, but the absence of substantive provisions on asylum in the OBBB appears to be a consequence of the procedural constraints, not a lack of intent to include them. The bill was passed by bypassing the Senate filibuster through budget reconciliation, which severely limits what can be included. I would argue the intent to reshape asylum policy is very much there, and unfortunately, it seems to be bipartisan. Even left-leaning think tanks have proposed raising the asylum threshold from 10% to 50% (see https://www.americanprogress.org/article/a-new-immigration-system-to-safeguard-americas-security-expand-economic-growth-and-make-us-stronger/), as in the standard for withholding of removal, something that is contrary to the wording of the Refugee Convention (but apparently, that’s of little concern nowadays).
Many people may want to change the asylum law, but there is little reason to believe that can be done successfully. We shall see, but I doubt there will be changes any time soon. Take care, Jason
Hi Jason!
Thank you so much for everything you do for immigrants!!
I’ve been waiting for an asylum interview since 2017. I hired a lawyer at that time to file for me but as of now I do not have a lawyer who would represent me when/if the interview is scheduled soon.
I’m planning to hire a lawyer to represent me during the interview and to file a writ of mandamus so that the interview can be scheduled sooner. Do you think this is a good time to file for a writ of mandamus against USCIS especially with everything going on with immigration now? Also would you please recommend some lawyers who are specifically working with asylum cases and writ of mandamus?
Thank you very much and hope you have an amazing day!
The asylum office still seems to approve cases where the person qualifies, and so you can try a mandamus. Makes sure your case is complete and ready to go before you do the mandamus. My firm does mandamus cases and asylum cases. If you want an appointment, you can arrange that by phone: 703-952-3275. Take care, Jason
Hello jason,
Is it necessary or mandatory to add a minor traffic ticket like red light and speeding on my N400, this is of a great concern because a friend of mine who is a legal practitioner is advising me otherwise. im seeking a second opinion. Thanks
You have to read the questions on the form, but as I remember, traffic issues do not need to be included. I think there is no harm in including them, but as I remember, it is not needed. Take care, Jason
Order all asylum seekers removed ?
I do not see how they can do that. Take care, Jason
Hey Jason
With the new Supreme Court order, denying nationwide injunctions, do you know how the birthright citizenship order is being applied in practice? Does it mean that department of state is denying passports to babies born in certain jurisdictions? What about the USCIS?
I think it is still too soon to know. If I remember correctly, the rule will not go into effect anywhere until the end of July, and so we will have to see what happens then. I do expect many more local case to try to block the rule, and so I think most states will continue to issue birth certificates as before and we will need to see how the Supreme Court decides this issue. Take care, Jason
Hi Jason,
Are you aware of any ICE arrests at asylum interviews at USCIS asylum offices in the DMV area?
I have not heard about any of those, but given the direction ICE is going, it is a concern. Take care, Jason
Hi Jason,
Hope all is well with you
Thanks for your helps.
Our master hearing is in end of this month
I have question , after master hearing if the judge give us another years for individual hearing it will be too much to wait another year or years
So if we do volunteer departure before the individual hearing, will it be problem to get US visa
Or to enter US?
Looking forward your response.
Thanks
Jhampa
If you take voluntary departure and leave, you will not have a deportation order. If you had a deport order, it would bar you from returning for 5 or 10 years. It is possible that you have other bars to returning (for example, if you stayed here unlawfully for 6+ months, there is a bar to returning), and so you should probably talk to a lawyer about that before you decide. Also, even if there are no bars, it will probably not be so easy to come back. Some visas, such as B or F, require you to promise to leave at the end of your visit, and if the consulate thinks you will overstay (which you may have done when you filed for asylum), they will not issue the visa. Not that it is impossible, but it is more difficult. Other types of visas, such as H1b or L, do not have this requirement and may be easier to get. Take care, Jason