A new decision by the Board of Immigration Appeals (BIA) seeks to restrict the ability of women to obtain asylum on account of gender-based harm. See Matter of K-E-S-G-, 29 I&N Dec. 145 (BIA 2025) (holding that “Salvadoran women” and “Salvadoran women viewed as property” were not viable particular social groups). This is just one in a series of recent decisions by the BIA to limit asylum and restrict other types of immigration benefits.
Among these decisions, Matter of K-E-S-G- stands out for its broad reach and because it potentially closes the door to protection for many vulnerable women (and some vulnerable men). At the same time, Matter of K-E-S-G- is not a particularly surprising decision, given that the BIA and the federal courts have long struggled with providing protection (or not) to victims of gender-based violence.
To understand Matter of K-E-S-G-, it is helpful to have an idea about the role of “particular social groups” in asylum law. To win asylum, it is not enough to face harm in your home country. The harm must be on account of your race, religion, nationality, political opinion or particular social group. If you fear harm for some other reason (for example, from a criminal who wants your money), you are probably not eligible for asylum. While the other categories of protection are somewhat self explanatory, particular social group (or PSG to us immigration lawyers) largely defies definition and is confusing (including to us immigration lawyers).
Over the years, the BIA and many courts have struggled to define PSG. Some PSGs are relatively well accepted: LGBT individuals, members of a specific tribe, immediate family members. Others are difficult to define, and PSGs related to gender-based harm are probably the most contested. During many years of the George W. Bush and Barack Obama Administrations, there was a back and forth effort to come up with a cognizable PSG for women that made legal sense. Ultimately, in a 2014 case called Matter of A-R-C-G-, the BIA landed on an awkward but mostly workable definition of PSG that offered some protection to victims of domestic violence: “married women in country X who are unable to leave their relationship.”
At the time, I criticized this definition as contrived and difficult to satisfy. I felt that a much better PSG would simply be “women,” since the asylum seeker in question was being persecuted because she was a woman; not because she was a woman from a particular country or a woman who could not leave the relationship. Despite my lack of enthusiasm, Matter of A-R-C-G- was a significant step forward, which helped many vulnerable women receive asylum in the United States.
But now, the BIA has largely killed Matter of A-R-C-G-. The new decision holds that–
a particular social group defined by the alien’s sex or sex and nationality, standing alone, is overbroad and insufficiently particular to be cognizable under the [immigration law]. Groups defined solely by the characteristics of sex and nationality contain no narrowing features such as a specific age range or a specific position in the country’s society or its economy. These proposed groups are too broad and diffuse, encompassing a diverse cross section of society of widely varying ages, socioeconomic statuses, marital statuses, family backgrounds, and lifestyles.
Put another way, PSGs such as “women in country X” are too broad to constitute a particular social group. The BIA reasoned that if it allowed PSGs defined solely by sex, it “would essentially create another protected ground under the INA—that of sex—to add to the grounds of race, religion, nationality, membership in a particular social group, or political opinion.” “Had Congress or the drafters of the United Nations Convention Relating to the Status of Refugees… intended sex in and of itself to be a protected ground, they could have specifically listed it as a separate ground.” There is a cold logic to this reasoning, and it points to the vulnerability of a decision like Matter of A-C-R-G-, which–while it helped many people–was not built on a very secure foundation.
The new ruling narrows the definition of PSG, and makes it more difficult for many women to win asylum, but it does not close the door entirely. For example, “women” could be combined with some other characteristic to formulate a PSG: “indigenous women,” “Sunni Muslim women,” “women who have been subject to sexual violence,” and “women with a disability” are a few ideas. If the persecution is on account of these PSGs, the decisionmaker might still approve asylum.
Also, Matter of K-E-S-G- is not necessarily a done deal. The decision may be contrary to the law in certain jurisdictions (different federal appeals courts have jurisdiction over different parts of the U.S., and their rulings sometimes conflict with each other, so a PSG may work in one jurisdiction, but not another). For example, in my area, the U.S. Court of Appeals for the Fourth Circuit has held that “unmarried mothers living under control of gangs” is a viable PSG. What the Fourth Circuit will do with Matter of K-E-S-G- remains to be seen.
At the minimum, Matter of K-E-S-G- will force asylum applicants (and their lawyers) to think harder about how to present gender-based PSGs. For those who fear harm on account of gender, the decision will make the road to asylum even more difficult. I fear that many vulnerable people, especially those without attorneys, will be blocked from protection. While we can hope that federal courts will mitigate some of the damage, Matter of K-E-S-G- represents another step backwards in the fight for equality and the fight to protect women who face sexual violence and other gender-based harm.
Hi Jason,
Thank you for your tremendous support to the asylum community.
I initially applied for asylum in 2014. My case was later referred to immigration court and was finally approved by the immigration judge in 2024. Due to repeated delays and cancellations by the court and USCIS, I also pursued an EB1A petition. Coincidentally, both my asylum and EB1A petitions were approved around the same time. Given the prior administration’s restrictions on asylum-based green cards, I opted to file my AOS based on the EB1A approval.
Unfortunately, my case became more complicated when USCIS mistakenly attached someone else’s VAWA petition to my file, a fact I only discovered through a FOIA request. Despite writing multiple letters, attending in-person appointments at the local office, and advocating persistently, the error was eventually corrected. My AOS petition was transferred to the Brooklyn, NY field office for final adjudication, even though it is not my local office.
It has now been over two months, and according to the Brooklyn office, they have not yet received my A-file. I’ve also involved my congressman, but the delay continues. Frankly, I am anxious and concerned, especially given the increasing uncertainty facing individuals with asylum backgrounds. I am planning to write to both the National Benefits Center and Nebraska Service Center to request a transfer of my case to help expedite adjudication.
I would greatly appreciate your advice on two points:
1. I have been using my C08 EAD (valid until 2029) and never received an EAD based on my asylum approval. Given that my AOS is based on EB1A, would you recommend applying for an EAD under the C09 category, or should I continue using the existing one until a final decision is made on my green card?
2. Is there anything else I can do to facilitate the transfer of my A-file to the Brooklyn office so they can proceed with a final decision?
Thank you again for your time and guidance.
Hello FAKIR, I need to ask for your assistance with the following questions and I would be highly grateful if you could answer them.
– during the period of your processing EB1A, were you ask to travel out of US to seek consular process in order to adjust your status as a pending asylum applicant.
– My wife is a co pending asylum applicant with me, but I do not know which category of EB she would qualify for to apply, she is a registered Nurse with BSN and 25 years’ experience.
– Does she qualify to apply for EB 1 or EB2 or EB2 NIW or EB 3
It would be highly appreciated.
Dear David,
1. My asylum case was already approved by judge so didn’t see any issue of consular processing. Still adjustment is pending so I don’t know what will be the end.
2. In past I found few people who were successfully able to adjust the status with pending asylum cases. However, that was Biden era and it seems very hard in current situation.
3. Honestly, I think your wife will be able for EB2, but an attorney can evaluate her case very well.
It is very hard to adjust the status with pending asylum cases in current situation and I won’t recommend that and if you came without inspection that would make it almost impossible.
Good luck.
I did a few posts that might be helpful on these topics – on August 28, 2018 and September 6, 2018. But I think the best bet is to talk to a lawyer to see whether she is eligible to adjust status in the US or whether she would need to leave, and to see what is her best path to an employment-based green card. Take care, Jason
@DAVID LAW.
Your wife will qualify for EB3. I am an RN and I I140 approved (EB3) with pending asylum and was denied AOS and instead of choosing to go for consular processing; i filed a writ of mandamus because my asylum case has been pending for 10 years and now i have a scheduled interview in October.
Hi Hope,
I am not sure you will be able to see this. I have approved asylum and employment base I-140, USCIS has denied my AOS on EB base. I am planning to file a writ of mandamus and appeal for it. However, not seen many attorneys experienced with these types of case. I would appreciate if you can help me out with this and recommend the attorney.
1 – I do not think that will have any effect on your AOS. You should request the a-5 (asylum approved) EAD, since that is now your status and since the first a-5 EAD is free. Also, it may be that the only reason you are eligible to adjust status inside the US is because your asylum was approved and you now have status here. It depends on the case, but most people with asylum pending in court would not be able to adjust status based on EB1; they would have to leave the US and get the green card overseas. 2 – It sounds like you are basically doing everything you can. I guess you might also consider a mandamus lawsuit if this keeps dragging on. I am not sure whether that would be possible yet, but if you wanted to try, you could talk to a lawyer who does such cases to see what they think. Take care, Jason
Hi Jason,
I am preparing to apply for my green card after being granted asylum last year (2024). I recently lost my job and I am now trying to find another one. I had a question, if I get a job out of state and I am still waiting for the green card, would that affect the process including being able to get it just incase I move?
If you move after you file the case, you just need to be sure to change your address with USCIS. You can do that on their portal or using form AR-11, available at http://www.uscis.gov. It should not affect the process, though if they interview you, it would normally take place in the office closest to your current address. Take care, Jason
I had interviews on both my cases: 1. AOS based on family-based -> Applied on March 2024, and had my interview in March, 2025. No decision yet 2. Asylum application: applied on Oct, 2016, had my interview on June 6, 2025: Again No decision yet. IO gave me a piece of paper to pick up my asylum interview in three weeks but after 3 weeks uscis told my lawyer decision was not made. Therefore, i didn’t go to pick up my decisions and the application is still pending. At this point, I don’t have a clear idea what to do next and need suggestion, please. I live in DMV area. Thank you
It is very common to have a decision from the asylum office delayed, and until more time passes, there is not much you can do. It would be better if you could just get the green card based on the AOS and then close the asylum case (since you may or may not win asylum). Maybe you can make an inquiry with USCIS about the AOS case, or you can ask your Congress person to inquire about that (there are links under Resources called House of Representatives and Senate and if you follow those, you can find your representatives and call them for assistance). I do not know your case, and so I am not sure, but assuming you are eligible to adjust status, that would normally be the preferred path, and so if you want to inquire about a case, I would focus on that case. Take care, Jason
Based on the processing time, it’s said January, 2027 is the period I should inquire my AOS( which I already had interview on March 2025). Should this affect my inquiry if I use the resources you mentioned. Thank you
You can certainly ask your Congress person to inquire. As for USCIS, they will not let you inquire online, but you could try calling (800-375-5283) and asking to expedite the case, if you have a reason for that. I wrote more about expediting with USCIS on January 29, 2020. Take care, Jason
Hi Jason,
Hope all is well. Appreciate you for your help.
I had master hearing last week and it was internet base. The case is pending at NY.
So my lawyers representative told us wait at lobby.
After waiting one and half hour he came out from his conference and told us the judge gave us final hearing in Oct,2026.He didn’t call us the attendant the hearing.Is it normal?
So my next question is when I check automated
Case check it says there is no further hearing.
Next box it says,case is pending.
Is there any chances the judge can call us before the given date?
I look forward your reply.
Regards
Jhampa
Normally, the immigrant and the lawyer both attend the Master Calendar Hearing, but in some cases, the judge only wants to see the lawyers (for example, if this is a second hearing and the judge is calling it a pre-trial conference). Even then, the immigrant is permitted to attend. I would ask the lawyer about that if you are concerned. In terms of the date, usually it is available on the EOIR website, and so the fact that it is not there may mean the date is changing for some reason. You can ask the lawyer about that too, though he may not know, as courts sometimes change the dates and they almost never give an explanation. I suppose it is possible that they would give you an earlier date, though that would be unusual. It does not hurt to make sure you have all your evidence gathered, so you will be ready in case you do get an earlier date. Take care, Jason
Do you think Gavin newsom as the 2028 democratic nominee, could win ?
That is far from now. Take care, Jason
Republicans have already started. They hav already coalesced around JD Vance.
And every time I try to determine which democrat we should throw our support behind to avoid a costly primary, I always get the response like oh it’s too early, oh let’s play it out.
I don’t think this behavior will help democrats win, just my opinion and two cents.
I have a hard time finding a job because employers just dismiss me after I show my C8 EAD..
And then when I look for homeless shelters, I couldn’t find any…since there are more homeless people than shelter beds…
USCIS HAS ‼️LIFTED ‼️ the Green Card PAUSE!!
Facts You Should Know
The American Immigration Council and AILA obtained an email from USCIS confirming that the agency has lifted the temporary hold on green card applications filed by asylees and refugees in place since March 21. The document was obtained through the organizations’ lawsuit under FOIA for information about the suspension in processing these applications. The email referenced instructions about certain cases where the agency will be required to interview applicants as part of their green card application process. The Council and AILA are continuing to litigate this FOIA case to obtain more information about these instructions and the development of the temporary pause.
I can confirm this because my wife and son got approved last week.
Did they say who is getting an interview and who is not? Where can we see this policy?
Yes they did. They added last 2 points. Also apparently according to DHS email the pause has been lifted on april 10 2025….according to USCIS data April-June every month 900-1000 GC based on asylum have been approved each month.
From USCIS website:
Under this guidance, USCIS clarifies its criteria for referring an alien asylee or refugee case for interview, including but not limited to:
If the officer cannot verify the identity of the alien through information in the A-File, other USCIS records and systems, or other agency records or background checks; the alien is claiming a new identity; or the alien has unresolved or conflicting or multiple identities, other than those properly documented by legal name changes;
If immigration records are insufficient for the officer to determine whether or not the alien has refugee status or evidence suggests the alien may have obtained refugee or asylum status through fraud or misrepresentation;
If results from the alien’s FBI fingerprint check indicate a record that may cause the alien to be inadmissible or the alien has had two unclassifiable fingerprint responses;
If the officer cannot determine the alien’s admissibility without an interview or an interview would yield clarifying information, such as with an unclear response to a request for evidence;
If the officer articulates an inadmissibility concern regarding that the alien is a citizen of, or habitually resided in, a country that is now or was at the time of last residence, a state sponsor of terrorism; or
If the alien has an articulable concern regarding national security or regarding a terrorism-related ground of inadmissibility.
The USCIS memo is here: http://www.uscis.gov/sites/default/files/document/policy-manual-updates/20250801-RefugeeAsyleeAOSInterviewCriteria.pdf. The memo references changes to the policy manual and there are some links to that within the memo. The policy manual lists the categories of asylees who need interviews. I plan to post something about this in the next week or two. Take care, Jason
Hi Jason, thank you so much for al your support,
If someone from terrorist country for sure will get interview for green card application or officer can still waive it?
If the person’s home country, or another country where the person lived, is a state sponsor of terror, that person is supposed to receive an interview. Whether the person will actually receive an interview, we shall see. Take care, Jason
Hi everyone,
It is stated
If the officer articulates an inadmissibility concern regarding that the alien is a citizen of, or habitually resided in, a country that is now or was at the time of last residence, a state sponsor of terrorism,
So my question is who ever is from those country will be gotten interview?, or still depends on officer decision?, thank you.
It seems to me that USCIS’s goal is to interview everyone from such a country. The four countries listed as state sponsors of terrorism are Cuba, North Korea, Iran, and Syria. The policy is very new, and so we do not yet know how it is being implemented. Take care, Jason
Congratulations!, can you please share your time line and the state, thank you so much.
USCIS recently issued new instructions about which asylees and refugees should be interviewed when they file for a green card, and it may be that the reason for the pause was to await this new policy. I plan to write about that in the next week or two. Take care, Jason
Hi Jason,
I received a letter from the NVC stating that they received the approved I-730 form and will forward it to the U.S. Embassy. The NVC letter also stated that the U.S. Embassy will contact the beneficiary with instructions on how to schedule an interview. Could you please let me know how exactly the U.S. Embassy will reach out to me regarding scheduling the interview? Will they send a letter to my address shown on form I-730? The reason I’m asking this question is because my address has changed and I updated it within USCIS system and NVC but I’m worried that the U.S. Embassy will use my old address on I-730 and I may miss the letter about the interview.
Thank you!
They normally send an email to the beneficiary and the lawyer (if any). As far as I know, they do not send a paper letter, but that may depend on the country. It is not easy, but you can Google the embassy, find contact info, and email them to let them know about this. However, I think you should get a notice by email and so hopefully, that will be fine. Take care, Jason
Hello Maysa.
Congratulations on your approval. If I may know, was your application approved from here(US) or it was transferred to USCIS International Office or DOS Consulate? My kids’ applications were transferred to USCIS International Office or DOS Consulate since March 6 and USCIS advised me that USCIS office or the National Visa Center will provide me with instructions regarding the beneficiary’s interview but since then I never heard anything back. If you don’t mind, can you please share your timeline? Again, congratulations!!!!
Hi ME AND ME,
Thank you! Congratulations to you as well. Below is my timeline:
I-730 approval received from the USCIS and letter sent to my address in the U.S.: May 21, 2025
I-730 was forwarded by the USCIS to the NVC: May 22, 2025
Letter received from the NVC stating they transferred I-730 to the U.S. Embassy: June 28, 2025
That’s all we have so far. I reached out to the U.S. Embassy in my home country where my son currently resides and haven’t heard back from them yet. The letter from the NVC states that the U.S. Embassy will try to reach out to my son and if not successful, they’ll contact me about the interview but we haven’t heard from the U.S. Embassy.
Wishing you best of luck!
Thank you for responding Maysa.
My case is a bit confusing because I reached out to NVC but I was informed that the cases were still pending and there were just transferred to USCIS International Office or DOS Consulate. If yours did say “approved”, mine just indicated that the decision was reached but cases transferred to international office. Did yours say approved??? I am so confused because I don’t even know what to do at this point. When did you file your form I-730 ?
You are welcome! I filed the form I-730 in the U.S in February 2018. I received a letter from the USCIS stating that my I-730 was approved in May 2025. After that letter, the USCIS transferred the case to the NVC. The NVC then transferred the approved I-730 to the U.S. Embassy where my son will have an interview.
There is an inquiry page for NVC cases (https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html) and maybe that would be worth a try, as this delay seems longer than normal. Also, you might reach out to your Congress person for help – you can find them if you follow the links under Resources called House of Representatives and Senate, and they can sometimes assist in situations like this. Take care, Jason
Hi MAYSA,
Can you share your time line, how long did that you to get the welcome letter from NVC? Please.
Thanks
Hi FREDO,
Although it shows that the letter was printed on June 28, 2025, I got it in the mail last week. So it took about 2 months to receive the welcome letter from the NVC from the date of approval of the form I-730.
Hi Jason,
I am a question about birthright citizenship
Are the kids born to waiting asylum applicants now or in the month of September will be considered US Citizens? can we apply for the kids US passport or is it unclear as of now
Thank you
It may depend on the state where they are born and the status of any law suits to try to prevent the government from blocking birthright citizenship. This whole effort is a real disgrace and potentially will result in harm to many children, who may end up stateless. I am not sure whether there is a website tracking lawsuits (it might be worth looking into), but you may want to consult with a lawyer to see the status of the different pending court cases and whether your local state has an injunction to stop this effort. Take care, Jason
Thanks for your reply
My child is due in Mid of September and I live in Maryland I googled and find out that there is a court order blocking the presidents order on Birthright citizenship
So will the kids born in Maryland in the month of September will be considered US citizens or do I need to file a court case
Thank you
I do not think you need to do anything, and assuming there is no change before the child is born, the child should be a US citizen at birth and should be eligible for a US passport. You may want to apply for the passport as soon as possible, so you will have that if the law does change and hopefully, the child will retain citizenship even if birthright citizenship ends. Take care, Jason
Hi Jason,
Thank you again for your continued support—you have truly been a guiding light throughout our journey.
I’m happy to share that my wife, children, and I received our green cards this week. Our timeline:
Asylum approved: May 2023
Green card filed: August 2024
Green card approved: July 2025
As the principal applicant, I understand I must use a U.S. Refugee Travel Document for international travel since I cannot use my country’s passport.
However, my wife and children are nationals of a different, safe country. After our asylum was approved, they traveled to their country using their national passports and re-entered the U.S. with U.S. travel documents. Now that they are lawful permanent residents, are they still required to use U.S. travel documents, or can they travel solely with their national passports and green cards?
I appreciate your guidance on this matter.
Congratulations!!!. I and my family’s applications have been pending for over 2 years. I am happy for you and to hear that USCIS is still processing asylum-based green cards.
Congratulations!
Did you have interview for your green card, and which state are you?, i have sent my wife and i green card application July 2024 no news so far.
Thank you! We did not have an interview, and we are based in Virginia. Hope you also hear from USCIS soon, wish you all the best!
I do not see how there would be any negative effect of them using their passports to travel and their GCs to re-enter the US. As they are derivatives, even if they were from your same country, they would generally be able to use their passports as they are not the people who expressed a fear of harm. It is possible that the US customs agents will not understand these rules, and so they should be prepared to explain that they were derivatives if they are ever asked. Take care, Jason
Jason, Thank you!
Hi Jason,
Thank you very much for this very important and informative writing.
So does this ruling also impact asylum cases based on FGM, as there was also an argument that FGM is not in PSG.
Thanks
I do not think it will block FGM cases, as the PSG would normally be “uncircumcised women of tribe X,” which is not defined solely by gender, but is also defined by tribal group and status as uncircumcised. Also, potentially, it could be “uncircumcised young women of tribe X” to make it even more specific. In addition, if the person is already circumcised, the PSG for past persecution might be “uncircumcised women of tribe X,” and for future harm, “circumcised women of tribe X” or just “women of tribe X.” In every case, there is more to the PSG than gender alone. Take care, Jason
Thank you very much Jason.
Be blessed!!!
Hi Jason,
Thank you answering my question in advance. I have two questions 1) i am an asylee and its been over 4 years since i got my GC and I have been waiting for my son’s green card (through derivative asylee status) to be approved. Now that it is approved, I want to ask if I should apply for his citizenship (N-400) with me at the same time or should I wait for myself to get naturalized first. He is 6 years old. 2) i am also looking to change his middle and last name as part of the application, is it possible? Thanks again
1 – As long as all your derivatives have green cards, there is no problem for you to naturalize (assuming you are eligible). For a minor child, if you become a citizen and the child has a GC and lives with you, the child automatically becomes a US citizen himself. This is under a law called the Child Status Protection Act. Once this happens, the child can apply directly for a US passport or they can file form N-600 to get a certificate of citizenship. For some reason, form N-600 is pretty expensive and it is cheaper to just get the US passport. 2 – I am not sure how to do that. Maybe it is allowed on the form N-600. It is allowed on the form N-400 (the naturalization form), but I think a child would not use that form until he is 18 years old. You can change his name with the state court, but that may complicate matters for immigration purposes. Maybe you want to see if a name change can be done using form N-600 or talk to a lawyer about the best way to go about this. Take care, Jason
Thank you Jason so much. Yeah that is what I also read online. My wife and son got approved last week and my two daughter already citizens. I will go ahead and file it when we get their green card. Thanks again
Hi Jason
I am asylee and my wife got her derivative from me. She had her own pending asylum case, before she met me and I was approved after our marriage so now, my wife hold both derivative and pending asylum.
She recently applied for I485 as well. Now, can you please recommend when would be a good time to withdraw her pending asylum case? Do we wait until she becomes a permanent resident or can we cancel it now? I was worried if withdrawing her pending case before her I485 gets adjudicated might convolute the case.
We also did a FOIA for her and saw her pending case is put “On hold”. Most likely due to derivative status.
I think you can withdraw now, as she has a permanent status (asylum as your derivative) and so there is no benefit to obtaining her own asylum status. I do not see any reason to wait until she has a green card, as her derivative asylum status is permanent. I wrote more about withdrawing on December 7, 2022. Take care, Jason
Thank you Jason.
I have couple of follow up
1) In the withdrawal letter, do I just mentioned that I want to withdraw my pending asylum case with a copy of receipt or include an explaination that I am withdrawing because I have a derivative status and include a proof of that as well, just to avoid accidental referral to IJ?
2) Do I just mail the letter to local asylum office or do I need to send it somewhere else too? I am in Northern California, btw.
The post from December 2022 has more info, but you would provide proof that she now has derivative asylum status and ask them to withdraw. I send such requests by email and you can find their email address if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
I just got a letter that I’m in the removal proceedings and have a hearing scheduled in the court. I’m also getting sponsored for EB3 by my employer and have the PERM approved so far. What happens now? What should I do? How can I extend my case till my EB3 gets approved? What are your recommendations?
Thanks!
You should talk to a lawyer to see what can be done. Most likely, once you are referred to court, you are not eligible to adjust status (get a green card in the US) based on EB3, and you would most likely have to leave the country to get the green card. There are different exceptions to this rule, and a lawyer should be able to look into that (and whether there is any path at all to a green card under these circumstances). Take care, Jason
Hello Jason’
Hope you are doing great. I have a little question to ask, can I apply for fee waiver for my Ead renewal C08 catogory? After July 25 changes in fees structure.
Thanks
I believe it is possible to get a fee waiver for form I-765 for category c-8. You can check the fee waiver form, I-912, available at http://www.uscis.gov. Check the “Special Instructions,” which lists the forms eligible for a fee waiver. Take care, Jason
Sir,
I have a green card with AS6 category. Do not have any conviction. I do have a refugee travel document. Can I travel to my home country where I feared prosecution with my travel documents for a short emergency trip?
@MUHAMMAD
No immigration attorney in America would say it’s safe to do this right now!!! With the current Trump administration, if you return to your home country with a green card after seeking asylum even if it’s an emergency that could mean death for a family member, you’re basically on a suicide mission. Expect to face a lot of questions at the airport when you return to the US and get red flagged and brace yourself for a tough naturalization interview down the line!!! Seriously, don’t go back to your home country as a green card holder through asylum under the current administration!! It’s a crazy dangerous move under the current administration.
How about to a different country?
There should be no problem for an asylee to travel to a third country using the Refugee Travel Document. It is always safer to go to a third country and meet family members there if possible. Take care, Jason
I think there is some risk traveling to the home country, but I also think each person needs to balance the risk to their status versus the importance of making the trip. Take care, Jason
You can, but if the return trip causes the US government to conclude that the original asylum case was fake, it could have a negative impact on your immigration status. You should be prepared to explain why you traveled to the home country and how you stayed safe, in case you are asked about that. I wrote more about this issue on January 6, 2016. Take care, Jason
Could civil lawsuits in court be a reason for a green card holder to be denied entry into the US? I searched online, but all I found was that only criminal history can lead to detention, not civil issues!!! I don’t have any civil court cases, but I was mistakenly paid twice by a cryptocurrency platform that went bankrupt a few years back. it’s their mistake though not me asked for any extra money so i didn’t do any fraud. Now they’re asking for the money back, which I’m okay with, but I need an installment plan. I’m not sure if they’ll agree to that. If they end up suing me in civil court, will it affect my ability to travel abroad or even my N-400 application?
A civil case should have no effect on immigration status. The only exception I can think of might be related to a civil child custody case or something like that, but a lawsuit over money should have no effect. Take care, Jason
Guys, me again.
My ex-husband was a principal on the case, I am dependent. We divorced, and now I need to file nunc pro tunc. Problem is I am not from the same country as he is (his COP is not my country).
Spoke to the attorney, they said my chances to get the retroactive approval are zero to none, as I have no grounds for my own asylum.
What do I do?
If your husband got asylum and you were a dependent who also got asylum, then the nunc pro tunc should work. You do not need to show a fear of harm. You only need to show that you were married to your husband and received asylum as his dependent. And so I disagree with the advice of that attorney, as a nunc pro tunc asylum case does not need to show an independent fear of harm; they only need to show that the relationship was true and that they had asylum as a dependent. Take care, Jason
Thank you, Jason, I thought so too (I have referred to your post about nunc pro tunc from a few years ago). I will definitely need the assistance w/filling out the form and will be reaching to the firm you are partnering with at the moment. And fingers crossed for the timeline NOT to be 8yrs. as it was for my ex…
Were you divorce before you obtained your green card? If you’re already a permanent resident, I don’t think you have to file for nun pro ting. Jason can correct me there.
Nope, we didn’t file for green card (long story, but we separated a month prior to the asylum being granted). He is eligible to file for a green card whenever he wants as the main applicant, I unfortunately need to do nunc pro tunc.
An LPR would not need a nunc pro tunc. That is only for an asylee dependent where the relationship with the principal ended or the principal has become a US citizen. Take care, Jason
If it is slow, you may be able to file a mandamus lawsuit to make it go faster – just something to keep in mind. Take care, Jason