The case of Adam Boyd, an ICE attorney who resigned for “moral” reasons has recently gotten some attention. Mr. Boyd noted that “We still need good attorneys at ICE. There are drug traffickers and national-security threats and human-rights violators in our country who need to be dealt with. But we are now focusing on numbers over all else.” In other words, Mr. Boyd felt he could no longer work for an agency that has shifted its focus from deporting criminals, to one that is focused largely on removing anyone they can get their hands on.
Mr. Boyd’s situation exemplifies the dilemma faced by many federal employees whose jobs involve immigration enforcement–at ICE, DHS, DOJ, USCIS, and other agencies: is it possible to continue in the job and still be a moral person? During most of the first Trump Administration, I think the answer to this question was generally “yes.” This time around, I am not so sure.
A starting point to address the question of morality is whether we need immigration enforcement at all. Most Americans–including me–would answer that question in the affirmative. And if it is important to admit some people and keep others out, we need a system that distinguishes between those who are allowed to stay and those who must be excluded, and we need people to enforce the laws within that system.
Up until Trump 2.0, the main problem with our immigration system has been that it is dysfunctional. Our laws have failed to keep pace with current events. In the realm of asylum, for instance, it’s been 40+ years since lawmakers had a meaningful conversation about who should qualify for protection and how many people we should admit into the country. Other areas of immigration law have not fared any better. For example, most Americans agree that DACA recipients–people who came to the U.S. as children and have spent the majority of their lives here–should be permitted to stay. However, we’ve never been able to pass legislation to that effect. By refusing to make difficult decisions and compromises, we were left with a failed immigration system that allowed people to remain in the United States, but without permanent status.
Into this legal and policy void stepped Donald Trump, who lied about non-citizens and demonized them for his own political ends. The result, of course, was that he was elected–twice. Now, we are in the position of turning his political arguments–again, largely based on lies–into policy, and government workers involved with immigration are expected to implement those policies.
During the first Trump Administration, I knew a lot of good people working for the government in the area of immigration, and I mostly encouraged them to stay. At the time, I felt that good people could make a difference by mitigating some of the Administration’s bad policies and by helping to preserve due process. I still think that was right, and I saw how individual officers and attorneys made a difference by fulfilling their obligation to follow the law and by exercising compassion where they could.
But this time around, things are different. The Administration is intent on detaining and deporting as many people as possible, often with little due process of law. Few of the targeted individuals are violent or dangerous; they have simply fled persecution to seek protection in a country they thought would help them. Unfortunately, for many, our country is no longer a safe place.
Every day, we hear about instances of masked and unidentified ICE agents detaining innocent non-citizens for no reason other than the fact that they do not have permanent status here (and in a few cases where they do have permanent status here). ICE detains people from their homes, when they appear for check-ins, and even when they come to court for their hearings. How often this happens is difficult to say, but based on the number of instances reported, it seems common enough.
Under these conditions, I wonder how officers, judges, and attorneys can maintain their morality.
Take the courthouse arrests. If DHS attorneys and Immigration Judges are used merely as bait for ICE to trap immigrants when they arrive in court, aren’t these attorneys and judges complicit in the scheme to deprive non-citizens of their due process rights? Are they not also to blame when such people are deported to places where they face harm? Being a moral person does not require that we allow everyone to stay. But shouldn’t it at least require that we give each person a fair opportunity to present their case so we can decide whether they qualify for protection under the law? For me, depriving people of that opportunity is immoral.
I suppose one could argue that good people should remain in government to try to mitigate the damage. I do think that is true to a degree. We still see cases being granted by judges and Asylum Officers. DHS attorneys are still mostly reasonable.
In the end, each person within the system will need to decide whether they are able to do their job and live with themself. While I hope that good people can stay and stand up for the rule of law, I also think there is a time to leave. There are many good people working for the government, and I do not envy them this decision. But to be a moral person, to fulfill one’s duty, sometimes involves making difficult choices. As I see it, for many officers, judges, and attorneys, the time for deciding is at hand.
How often does immigration judges request a prehearing statement in writing before merit hearing? Is it difficult to prepare this statement? How much would such work cost approximately?
We file such a statement in every case, as it hopefully addresses any issues with the case and helps the judge and the DHS attorney (the prosecutor) understand the case better. It also helps the immigrant’s attorney, as it gives us a road map for the case. Whether it is difficult or not depends on the legal issues in the case. Most attorneys would only do such a brief if they are doing the case (and charging a fee for the whole case). Maybe some would prepare a brief as a separate matter, even if they are not the lawyer on the case, but I have never done that and I do not know if other lawyers do. Take care, Jason
Those seeking asylum in immigration court should forget about winning. They’re firing judges with high approval ratings, one by one. They’re immediately arresting those whose cases are rejected. May God protect us all. We still have 3.5 years left under this administration. Soon, they’ll abolish asylum too.
I mean…people voted for this. Majority of Americans don’t like asylum seekers…
They think the asylum seekers are taking their jobs and cost too much money to maintain.
I also think @Jason’s idea of sharing asylum experience will not work on people who are anti-asylum. We will never be able to match the right wing propaganda.
I think a good way is to have our own Charlie Kirk, Ben Shapiro, Matt Walsh. They are trained for sophism. Now I am not as fluent in English as the natives. But I think a good way is for immigration lawyers, the most respected experts in this field to post a response each time Charlie Kirk spreads misinformation and portray asylum seekers in the worst way possible. Every time JD Vance says something wrong or misleading or in bad faith, I would like to see AILA, ACLU, ASAP, maybe @Jason or American Immigration Council, or maybe torture survivor organization to post a response, sharing widely online and refute him. Because, otherwise, they will have all the floor and the voters will only hear one side…I mean, what do your think of that ?
Would like to hear your thoughts
For an example of what I am saying, please refer to the commentator accountability project of GLAAD
https://glaad.org/gap/
“ The GLAAD Accountability Project monitors and documents individual public figures and groups using their platforms to spread misinformation and false rhetoric against LGBTQ people, youth, and allies. Some groups have misleading names inferring unwarranted expertise or credibility, when their main focus is advocating against LGBTQ people, and some claiming to be grassroots efforts have ties to national organizations with long histories opposing LGBTQ Americans.” I wish this could offer some guidance.
I agree that it is important to meet people where they are and to challenge falsehoods about immigration. Many organizations are doing that, but it is difficult for them to get enough attention. Nevertheless, they are trying. Take care, Jason
That is not really my experience. We have won some cases and lost some cases over the last few months. So far, none of the people who lost has been detained (they filed appeals). They are firing some Immigration Judges, and I presume they are targeting judges they view as approving too many cases. Also, denial rates have been increasing in court, and so it is more difficult to win. Overall, I do agree that the situation is bad and getting worse, but it is still possible to win a case and asylum seekers should not give up hope. Take care, Jason
Hi,
I want to ask that if a person is denied in all levels for all reliefs…what can this person do to prevent removal ? Should he hide ? Because there must be some people who have no eligible reliefs but nevertheless want to stay.
There is a way to request deferral of removal from ICE. I doubt it is granted too often these days, but the legal mechanism does exist. Take care, Jason
Hi Jason—can Form I-131, for either a Refugee Travel Document or a re-entry permit based on asylee-derived green card status, now be filed online?
You can check the http://www.uscis.gov website for that form or to see if there are updates, but for those two types of applications, I believe they cannot be filed online and must be filed by mail/paper. Take care, Jason
Dear Jason! Thank you for your time for answering questions patiently and for no cost. You are a kind human being!
I have couple questions if you have a minute.
My Affirmative interview is scheduled for sep, 2025 in Arlington and i am extremely nervous about it since i applied it by myself because i could not afford a lawyer at that time also my home country passport was expired in 2018 and i never renewed it.
My questions are:
* Will i be deported if my decision is a NO?
* How many days will i get to appeal my decision?
* Can i take lawyers help to appeal?
* How many days will it take generally before i can get a response from that? Can i still work with my work permit if i appeal my decision?
Your response is much appreciated. God Bless You!
1 – You would not be deported. Assuming you have no other status in the US, if the case is denied, you will receive a letter and a notice referring you to Immigration Court. There, you can present your asylum case again and the judge can grant it, grant some other relief or order you deported. If you lose the court case, you can appeal to the BIA (the appeals court) and potentially even go to a higher court if you lose there. 2 – There is no appeal; the case gets sent to Immigration Court. In rare cases, you can ask the Asylum Office to reconsider its decision, but that rarely works (though it depends on the case). 3 – Yes. You can also try to get a lawyer to help with the Asylum Office case. 4 – Court cases usually take a year or 1.5 years. The BIA is unpredictable. It usually takes 2 to 5 years, but that may change. You can renew your work permit during the Immigration Court case and the BIA case. Take care, Jason
If someone applies for affirmative asylum before their status expires, how long on average would it take them to go through the entire process in the worst case scenario, i.e Interview -> Immigration court -> Appeal. I know the interview scheduling process is unpredictable, but given that USCIS is currently interviewing the most recent cases, can we make an prediction of the timeline of the process? Thanks.
I think a new affirmative asylum case will likely be interviewed a few months after filing. After that, if the case goes to court, I think most courts would take 1 to 2 years, but some are longer. The appeal to the BIA is very unpredictable – maybe 2 to 5 years, but that could change and become faster. Take care, Jason
Hi, I hope that you will successfully nail the upcoming interview!
Will it be possible to share your timeline?
Thanks
LH
Good morning Jason! Hope you are well. I was trying to reach you by calling your office yesterday but had no luck. I live in Falls Church, Virginia. We had initial consultation over an year ago in DC regarding my asylum application i did by myself in OCT 2017. I was hoping to get your help. I spoke with tyler (i believe thats his name) from your office and gave my details.
They should be able to schedule you for an appointment with me or another lawyer. If not, you can email me at Jason@MurrayOsorio.com and I can give you the best contact info. Take care, Jason
Dear Jason, thank you very much for all your insights and advice you’re sharing here!
It’s been invaluable.
In the new policy memo on birthright USCIS says, in footnote 3, that “in the context of NTA policy rollout, the FO recently took the position that the INA 212(a)(9)(B)(iii) exception to accruing unlawful presence for those who have a pending asylum application is limited to the context of determining whether an alien is inadmissible under that specific provision and does not render the alien lawfully present as a general matter.”
So does this mean that all of us with I-589 pending are no longer legally authorized to stay in the US, “as a general matter”? Or it only applies to NTA issuance for now? Have you noticed any actual changes in this regard? Thank you!
( URL: https://www.uscis.gov/sites/default/files/document/policy-alerts/IP-2025-0001-USCIS_Implementation_Plan_of_Executive_Order_14160%20%E2%80%93%20Protecting_the_Meaning_and_Value_of_American_Citizenship.pdf )
I have not seen any changes, but as I read it, this provision means that if you apply for a green card based on marriage, for example, and the green card is denied, you will be referred to court even if you also have a pending asylum case. Again, though, it is new and I have not seen an example where that happened. Take care, Jason
Hi,
Does carrying a photocopy or digital scan in phone of Green Card count anything?
Since DHS has “ordered” every alien to carry proof of immigration status. However, I do not want to lose my Green Card “card” as the replacement time has significantly increased.
Thanks,
Jay
You can do that, but it does not satisfy the requirement of the law, which is that you carry the original with you. There is not really a good solution to this problem, as you are required to carry the original card, but that does create more of a risk that you will lose it. I am not sure what the consequences are if you are stopped and don’t have the original card, and I have not heard about people being penalized for that, but you could be. So you will have to decide between potential issues of not having the card and the possibility of losing the card if you carry it. Take care, Jason
Hi Jason & thanks for everything you do for the immigrant community. I am pretty sure at some point you plan on doing a post regarding the new fees but meanwhile would you happen to know if the annual Asylum Fee (AAF) of $100 is it only due for everyone who has applied for asylum starting October 2024 or is it everyone else lets say 2017, 2020- basically anyone.
As far as I know, it will be due for everyone, but I have not heard anything definite about that yet. Also, I have not heard about when the $100 is due for applicants whose cases are already pending. Take care,
Hi Jason,
I’m an asylee If my RTD gets expired can I travel with the green card plus my passport which hasn’t expired yet? Will that cause an issue?
If I want to Renew my RTD will the one I have still work?
Thanks
Technically, if you file for a new RTD and the current RTD is still valid, you are supposed to send USCIS the original RTD. I have heard about people who do not do that and only send the original RTD when USCIS asks for it. However, USCIS could deny the new application if you fail to send them the original, unexpired RTD. I have never tried that and so I am not sure what will happen, but they are getting more strict, and so I would not be surprised if they denied the new RTD for someone who failed to send in the old unexpired RTD. You can travel with your passport and re-enter with the GC. However, you may need to explain why you used a passport from a country that wants to persecute you (this will be easier if you fear non-state actors rather than the home government). I wrote more about this issue on May 25, 2022. Take care, Jason
Thank you Jason! If I travel and my GC is still pending this year, what will happen if I get approved while I’m out of the country is that ok?
Thanks
That should be ok. However, if USCIS schedules you for an appointment, you will need to return to the US to attend that appointment. So hopefully, someone can check your mail (you can also use “Informed Delivery” with the post office to at least know if you are receiving a letter from USCIS, though you will not know the contents). Take care, Jason
Hi Jason
Please can you tell me if i dont have a passport and I need to go to a country can i get a refugee travel with my pending asylum case.
I am thinking of applying for a refugee travel document get the visa to that country and renew my passport from there since the consulate is not helping me here to renew my passport.
Is it going to help me.
I need to get to a different country to help me renew my passport.
With my pending asylum case I will need to withdraw it when I leave USA. Im so sory to say this but i have a huge emergency with my parents, and this is wy i need to leave. But i dont want to apply for advance parole because i dont have a passport.
Do you think USCIS will help me ?
Thanks Jason please help me with some information and words of encouragement I am losing myself
Unfortunately, unless you win asylum, you cannot get a Refugee Travel Document. Sometimes, even if an embassy will not issue a passport, they will issue a travel document that allows you to travel to the home country. Maybe an embassy in a third country can issue that to you remotely? Or maybe you can get it from a home office in your country? It may also be possible to travel home with an expired passport, but I am not sure about that, or how you would pass through security or board the plane. Maybe the best bet is to try to get a travel document from your embassy that allows you to return home. Also, as you know, Advance Parole only allows a person to return to the US; it cannot be used instead of a passport, so that is not a good option (though you may want to apply for AP so you can try to return to the US after you leave). Take care, Jason
I need to know if I can apply for advance parole and use it as a passport? Do you think unhcr can help me? Thank you
Advance Parole cannot be used as a passport. It is used as a visa. It is just a piece of paper with your name and photo, and acts as a visa to enter the US. I do not know whether UNHCR can assist in your situation, sorry. Take care, Jason
Hi, Jason – I’ve read a couple of posts about ICE detaining asylum seekers saying their i-94 expired, and they can’t see pending asylum in the system. Have you heard anything like that? What are the legal basis for that? Can asylum seeker be released on bond or ICE can transfer case to immigration judge instead of in office interview.
I have not heard about that for asylum seekers, but I have heard about it for one or two Iranians had green card applications pending. I think they were targeted because they are from Iran. ICE can also target asylum seekers and they may be doing that (and maybe I just did not hear about it). For people who entered legally and do not have criminal or national security issues, they should be eligible for release on bond. Others may be eligible for release on bond as well, but it would depend on the circumstances. If a person is detained, their case would likely transfer to Immigration Court, but that is not certain, as it would depend on whether ICE initiates court proceedings. Take care, Jason
Thank you Jason, just to clarify – if asylum seeker is detained and their case is transferred to Immigration Court, how does the process differ from the standard asylum procedure? for example, would they skip the USCIS officer interview entirely and go straight before a judge? Also, if the judge denies the asylum claim, does the person have the right to appeal, or is that considered the final decision?
I have only seen this happen in cases where the person arrived at the border without a visa, was allowed in, but was never sent to court. In those cases, the Asylum Office cases ends and a new case starts in court. The asylum form (I-589) is not referred to court, and so the person needs to file a new I-589 with the court. If the court case is denied, the person can appeal. Maybe you are thinking of expedited removal proceedings, which can also apply to certain people who arrived at the border, but in those cases, DHS dismisses the court case and the person presents their asylum claim to an Asylum Officer and if the credible fear interview is denied, the case can be reviewed by an Immigration Judge, but if the judge also denies the case, the person can be deported. Take care, Jason
I feel that not a lot can be done to counter the administration’s harmful policies
Hi Jason, I applied for 3rd EAD renewal for my C8 category in Jan 2024. Now still no action taken. I did a congressional inquiry they said it’s the security check that’s holding the decision. I have no criminal record, and entered the US legally, still waiting for affirmative interview. Is this normal? I’m also from east Asia, not from Muslim country
Hello Chris, there should be something in your document which you might not know, so you should ask for FOIA too see if there is anything wrong. I am from Eastern Africa too and I have just renewed my EAD back in November in just few days!
Good luck
That is a good idea – There are links to get a copy of your file under Resources: FOIA USCIS (for cases at the asylum office and USCIS) and FOIA EOIR (if you have a case in court). Take care, Jason
That’s a bit too long…Do you still have your 540 extension ? has it expired ?
Renewals can take a long time, but this seems longer than normal. It is also outside the normal processing time for a renewal, which is about 8 or 9 months. You can make an inquiry through http://www.USCIS.gov (look on the “processing times” web page and if you enter your form, and get their response, there should be a link on the response page if you scroll down). You can also ask the Congress office if there is anything else they can do for you. I guess you can try to call USCIS as well (800-375-5283). If all else fails, maybe you consider a mandamus lawsuit, but hopefully, it would not come to that and you will get the new card soon – most people seem to get the new card before the 540-day automatic extension ends. Take care, Jason
Hi Jason,
I submitted my I-485 adjustment of status application based on an approved asylum case in October 2024.
Given that the posted processing time has not yet passed, do we still qualify to file a mandamus lawsuit due to the delay?
You would have to talk to a mandamus lawyer to be sure, but I think a mandamus would not work unless the application is well outside the normal processing time. Also, you can try to take other action before filing a mandamus, such as asking your Congress person for help. You can find their contact info if you follow the links under Resources called House of Representatives or Senate. Take care, Jason
Hi Jason,
I have an RTD and GC. Do you think it’s safe to travel internationally these days? There’s so much confusion! A prominent lawyer is advising not to travel if you’re not a citizen. I am not from a travel ban country but am from a Muslim majority country. I was sent to secondary all 3 times I travelled with RTD and GC but haven’t travelled since Feb. What do you advise?
I have not heard about anyone in your situation being denied entry and I think it is ok to travel. However, as you have seen already, you may have to deal with the stress and delay of secondary inspection when you return. That is sometimes an issue for people with the RTD (though you seem to have worse luck than most people), but I have never heard about anyone in that situation being blocked from entering or being detained. Take care, Jason
Thank you Jason for your response!
Hi Jason,
I’ve heard that conditional green card holders, who timely applied for removal of conditions but their I-751 is still pending, can apply for citizenship (whenever they qualify) and then have a combo interview where both I-751 and N-400 get adjudicated. Do you know if this applies to those conditional green card holders who are no longer married to a U.S. citizen and applied for removal of conditions with a waiver of joint filing requirement? Can they file N-400 after 5 years of continuous residence if their I-751 is still pending or should they wait for I-751 to be approved before filing N-400?
Thanks!
It is common to wait for a long time for the I-751, and it is also common to file for citizenship and both cases get decided around the same time (though I have never heard of a combo interview; usually in the cases I have done, there is no I-751 interview and only an N-400 interview). If the marriage has ended and you are waiting for an I-751 waiver, I am not sure whether you can apply for citizenship after 5 years. I feel like there is a risk that the case will be denied. I have not done that for anyone and so I do not know if it would work. Maybe you want to have a lawyer research the question for you before you try it. Take care, Jason
Hello Jason,
I recently received approval of the I-730 relative petition for my wife, who has been waiting for her asylum interview for seven years. I submitted a letter to USCIS requesting withdrawal of her asylum application but have not yet received a response. Meanwhile, her asylum interview has now been scheduled. She plans to attend the interview to inform USCIS of her updated immigration status. Does she need to be accompanied by a lawyer on the day of the interview?
I wrote about withdrawing on December 7, 2022 and maybe that is worth a look. You can try withdrawing again and when you email them, also include a copy of her interview notice. They are usually slow about withdrawing, and so if there is no news, she can go to the interview with proof of her status and ask to withdraw. They should do that and it should be easy, but if she feels safer having a lawyer with her, that is fine too. It should not be needed, but these days, you never know. Take care, Jason
Hi Jason,
I do have green card application pending thru asylum and also i got my refugee travel document last month, i am from banned country , is it safe in this situation i go visit my family in third country, will i be able to come back or i will be rejected at the airport or ICE will cause me trouble?, thank you so much.
The executive order banning travel states that it does not affect asylees, and I have not heard about asylees having any problems. I think if the RTD is valid and you are traveling to a third country, you should be ok. Take care, Jason
Jason, what are your thoughts about traveling? I am green card holder based on asylum and want to travel to Canada by car for few days with kids, but reading latest news I feel like there is a chance that we would not be able to return back? Me and my husband have no criminal history, but before granted asylum, he was illegal for 10 years. Everything that is happening makes me scared, I fee like with current administration green card means nothing
I have not heard about anyone in your position having a problem, and I think you would be fine. However, if you feel uncomfortable traveling, that is understandable and can be a reason to not travel. Though it is sad to avoid traveling due to our government terrorizing people. One thing you might do is get a refugee travel document (form I-131, available at http://www.uscis.gov). That document looks like a passport and may help you feel more comfortable traveling, though it can take a year or more to get it. Take care, Jason
Hi Jason. Are asylees allow to request copy of birth certificate from their contry? I know there is a rule about pasport but what about birth certificate?
There is no rule about passports, though it is generally better to not renew a passport, especially where you fear harm from the government. If you do, the asylum officer or judge might ask why a country that seeks to persecute you would issue you a passport. I suppose they could ask the same thing about a birth certificate, but I think they would not normally do that; at least I have never seen anyone ask about that. Take care, Jason
If you’re an IJ who is willing to grant asylum to those who are in danger of returning to their country, it is more moral to keep granting cases until the Millerites fire you than to resign and get replaced by another xenophobic nativist IJ. Same with USCIS adjudicators.
On the other hand, there is no way anyone can morally work for ICE.
When you say that most DHS attorneys are still reasonable – assuming you are talking about ICE attorneys – I strongly disagree with you there.
I have seen DHS attorneys agree to relief or agree not to appeal if asylum is approved. I have also seen them mostly fighting to deport everyone in proceedings, and refusing to stipulate to all but the most basic issues. So for me, it is a bit of a mixed bag, but I still think there is room for DHS lawyers to do some good. I fear that the space for that is shrinking, however, and DHS attorneys who are concerned about ethics and mortality will likely have some hard decisions to make. Take care, Jason
Thanks for your response. I have seen/heard of no such behavior recently from DHS attorneys in Atlanta.
Hello Jason.
This question is about the denaturalization process. I know and understand that this used to be rare, but it’s no longer hypothetical. My family is naturalized US citizens from India. We had to surrender our citizenships and old passports immediately after acquiring US citizenship as per the Indian law. We were also issued certificates that our citizenships were revoked due to acquiring a foreign citizenship. So the question is if someone like us is denaturalized, where exactly are they deported to? Won’t they be rendered stateless? I have read the case of a Chinese American whose passport was revoked by the State Department when he was visiting China during Trump’s first term. He had filed a case, but I am not sure what happened after that. Would appreciate your response.
Supposedly there are some efforts to denaturalize people who got status through fraud, but I have not heard about that actually happening. It is very difficult to take away someone’s citizenship once they have it. I guess if you somehow lost your US citizenship (which seems very unlikely), you would be stateless and would have to try to either re-acquire Indian citizenship or citizenship in a third country. Unless there is some very strong reason to believe that you obtained citizenship improperly, I would not worry about this. Take care, Jason
Hi Jason, maybe you can share your thought about this question – I’m a greencard holder based on approved asylum what should I answer at this question when applying for refugee travel document- do you hold status as a refugee were you paroled as a refugee or are you a lawful permanent resident as a direct result of being refugee? Yes or no?
I don’t remember the specific question on the form, but you have status based on getting asylum in the US, and so none of those exactly applies. I thought the form had questions referencing asylum status. Anyway, if you do not see the answer that you think matches, you can make your best guess, circle the question, write “see cover letter,” and in the cover letter explain that you received status based on being granted asylum on X date. You would also want to attach the order granting asylum to your application. Take care, Jason
Hi Jason,
I just want to know when exactly should I file for naturalization as an asylee? My GC says “Resident since 10/01/2021, so should 4 or 5 years to the residency date or what? Please advise. Thanks
Hi
Can you please explain for us? That is this? The date mentioned on the GC that you are resident since 2021, is this the date when you applied for asylum or your case was approved or you got the green card?
The date I received GC is 10/01/2022, but it says Resident since 10/01/2021. Should I add another 4 or 5 years to that date to figure out when eligible for citizenship ?
For asylees, USCIS is supposed to back-date the card by 1 year, which is what they did here. This means that you can file 5 years after the date on the card or 10/01/2026, assuming you are eligible, and you can mail the N-400 up to 90 days before that, so early July 2026. Take care, Jason
You have to wait 5 years after the date on the GC. Assuming you are otherwise eligible (you have enough time inside the US, no absences from the US of over 5 months, and no disqualifying criminal issues), you can mail the application up to 90 days before the 5-year anniversary. In terms of what needs to be filed, you need to check the N-400 instructions, as it varies depending on the case, but at a minimum, you would need the form and fee (or fee waiver), a copy of the GC front and back, copy of passport, copy of birth certificate, copy of any divorce document or criminal dispositions. You may need other documents as well, depending on the case and if you are not sure, you can talk to a lawyer. Take care, Jason
Hi everyone. Last week I received my green card, and I want to share with you my experience.
I applied for asylum in 2016. A while after, with some confidence from Jason’s post about other possible avenues, I started to do an employment case in 2020.
Everything that could go wrong did go wrong there. My case went for audit (extra 6 months of processing), while submitting I-140, USCIS lost my case for 3 months (magically, they found it only after my request to a senator). Throughout the case, I was not certain if I should proceed with AOS or CP. I knew in general and from the success stories from this blog that there’s a chance to pull it out via AOS, but I didn’t want to take chances, so I went on with CP. That’s why a few years before the interview (by my estimates), I applied for advance parole, which I received last year. The timing was just pure luck to be honest, cause I didn’t expect that it would take them 2 years to process my parole. For the last 2 years, I was waiting for my visa to be current, but once it became current, I got my interview within 2 weeks. There was ~1.5 months before the interview, so it was just enough time for me to get a visa to enter a country where my interview was scheduled (I couldn’t have an interview in my country). The interview took 5 minutes, and no questions were asked. I couldn’t believe that it was that easy. Of course, as you might have noticed, the road to this interview was not easy at all. It took a lot of planning and effort to make it happen, but in the end it worked out well. The whole process of my employment case took 5 years (of which 2 years it was spent waiting for a visa to become current). I’m sharing this with you only to say that there are ways, even in the darkest time, we can get it done. Just don’t lose hope. Do your research, try to explore, talk to people, don’t be afraid to ask. I was and I am part of this community for many years. I know how it feels when you are empty inside, like nothing matters anymore. You matter, please remember that.
Fan fact: the day before I received my green card, the status of my asylum application was updated to ‘Interview is scheduled’, lol, what a joke.
That is great news – Congratulations! Thank you for sharing. Also, now that you have a GC, you should withdraw your asylum application rather than just not showing up for the interview. I wrote about how to withdraw on December 7, 2022. You could also attend the interview and bring your GC, and ask them to withdraw the case at that time. Take care, Jason
Yes, I emailed a withdrawal request this week. However, I also received a notice from USCIS stating that they saw that I obtained a lawful permanent status, and now they want to close my asylum case. If I want to keep it open, I have to fill out the form and send it back to them. Otherwise, within 30 days, my case will be closed automatically. Was it always like that? I didn’t know that it was a thing till I received this notice.
They have sent those notices for years, so it is not new. It does seem to take a long time to close or withdraw an asylum case, but eventually, they get around to it. Take care, Jason
Hi Jason,
I am gathering documents for my naturalization and I recently requested a police report in which they checked a box stating I am a US citizen. I had one arrest and the arresting officer never asked me my citizenship status or immigration status as it is against the law in New York. I just handed my driver’s license. I also positive I didn’t stated on my application to the DMV that I am a US citizen. Cause I provided my green card and social security number. Never checked the citizenship box.
I am afraid this issue might come up during the interview, and I am accused of falsely claiming to be a Citizen. I never did.
Can you advise, please?
Just because someone else stated that you are a US citizen does not mean that you claimed to be a citizen. That said, it may be worth contacting the police office and explaining what happened and asking if they can amend the arrest document. If USCIS thinks you claimed to be a citizen, it would be a bar to citizenship and can be a basis for removal from the US (though I highly doubt it would come to that, since it sounds like you did not complete that form). Take care, Jason
Hi Jason,
I have been waiting since February 2017 to attend the first affirmative family interview with USCIS.
1. Do you know when we can expect a call or an online update about our interview schedule?
2. Would it be a good idea to bring an interpreter, or should I handle it myself, even though I am not familiar with legal Termonology language?
3. I have been away from my home country for nine years. During this time, the Government one time has changed. What could be a strong reason to support my case?
4. I am here with my kids, including two U.S.-born citizens, aged 2 and 7. My other children’s passports, as well as mine and my wife’s, have expired, and we did not renew them.
Please advise. Thank you in advance.
1 – Different asylum offices are interviewing cases from different time periods. In my local office (Virginia), they are mostly working on cases from 2016 and 2017, and so if your case is there, you should make sure to gather all your evidence so you are ready if they call you. 2 – There is not a lot of legal language at an interview, but it is common for non-native speakers to have a bit of a harder time with English, as people tend to be nervous in these interviews, so if you are more comfortable with an interpreter, you should bring one. 3 – You would need to explain why you are still in danger if you return. I wrote an article on June 14, 2023 that might give you some ideas. 4 – It is better to not renew passports if you are seeking asylum, especially if you fear harm from the home government. If you renew, the asylum officer may ask why you renewed and why a government that seeks to harm you would be willing to renew your passport. Take care, Jason
And he supports “abolish ????”……