For me, the worst part about the Trump Administration’s immigration policies is not that they are detaining and deporting more people, or that they are changing the rules to make immigration more difficult and expensive. For me, the worst part is that the Administration constantly lies about non-citizens: that they are criminals, that come to the U.S. to steal our resources, that they don’t contribute to our country, that they don’t really face persecution back home.
The newest iteration of the Administration’s mendacity is the State Department Country Reports on Human Rights Practices, which is meant to be a summary of human rights conditions in each country around the world (except for our own country, of course). These reports have long included information about a wide range of problematic behavior, including the treatment of women, LGBT individuals, and other vulnerable people.
The newest Reports, released earlier this week, contain little information about the treatment of women and, as far as I can tell, no mention what-so-ever about the persecution of sexual minorities. The issue for asylum seekers is that Immigration Judges and Asylum Officers rely on these Reports when they make their decisions. If the Reports minimize human rights abuses, it becomes more difficult to obtain asylum.
The problem is not confined to women and sexual minorities. The new State Department Reports have also removed sections on disabled people, political participation, and government corruption, among others. Just in terms of pages, the 2024 Reports are much shorter than the 2023 Reports. For example, the 2023 Ethiopia Report is 68 pages; the 2024 Ethiopia Report is only 28 pages. The 2023 Pakistan Report is 100 pages; the 2024 Pakistan Report is 27 pages. The 2023 Russia Report is 101 pages, and the 2024 Russia Report is 41 pages. Almost by definition, shorter Reports equate to less evidence of human rights abuses.
Certain vulnerable groups have been subject to particularly egregious treatment in the Reports. For example, last year’s Report on Honduras mentions “women” 18 times, including this: “The Ministry of Security reported 229 violent women deaths from January to June, a nearly 49 percent increase compared with the same period in 2022.” The same Report has 11 references to LGBT individuals, including that “NGOs reported 47 violent deaths and 83 hate crimes against LGBTQI+ persons as of November” 2023. The new 2024 Report mentions “women” only two times. One is a general reference to criminals targeting many vulnerable people, including women. The other is a reference to women and the minimum wage. The 2024 Report on Honduras has no references at all to LGBT people.
Another example is the 2023 Report on Uganda, which lists the term “LGBTQ+” 45 times, including statements such as, “laws criminalizing consensual same-sex sexual conduct between adults… were enforced,” “Human rights activists reported numerous instances of state and nonstate actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases,” and “NGOs… reported 306 abuses against LGBTQI+ persons between January and August, with 25 of those abuses conducted by state actors.” By contrast, the 2024 Report references LGBT individuals exactly zero times.
In addition, it seems that the Reports have been politicized to align with President Trump’s agenda. The Report for El Salvador, whose authoritarian leader is a Trump ally, indicates that “There were no credible reports of significant human rights abuses.” However, the 2023 Report lists many human rights abuses, including “unlawful or arbitrary killings; enforced disappearance; torture or cruel, inhuman, or degrading treatment or punishment by security forces; harsh and life-threatening prison conditions [and] arbitrary arrest or detention….” The Report for Brazil, which has cracked down on a former president and Trump ally who staged his own “January 6” type attack on the capital, states that the “human rights situation in Brazil declined during the year” and that the “government undermined democratic debate by restricting access to online content deemed to ‘undermine democracy,’ disproportionately suppressing the speech of supporters of former president Jair Bolsonaro as well as journalists and elected politicians….” In short, it seems that Mr. Trump’s allies get a pass, while his adversaries are subject to extra scrutiny.
The collective effect of all these changes is to make the State Department Reports much less credible as a source for human rights information. It also sadly demonstrates our country’s lack of concern for human rights. For asylum seekers, the new Reports make it more difficult to obtain protection in our country.
So what can asylum seekers do?
Primarily, they will have to gather additional, more accurate, human rights evidence from other sources. Some helpful resources include, Human Rights Watch, Amnesty International, the Immigration and Refugee Board of Canada, the United Kingdom Country Policy and Information Notes, and the U.S. State Department Travel Advisories, which are meant for U.S. citizens traveling abroad and include more honest assessments of foreign country conditions. Other country reports are issued by Freedom House, Reporters Without Borders, Open Doors (monitoring persecution of Christians), Immigration Equality (for LGBT country conditions), and the Center for Gender and Refugee Studies (information about the persecution of women; registration is required). There are many other sources of information as well, including from country-specific organizations and news articles. If you can’t find what you need online, you might also consider using an expert witness.
The State Department Reports represent yet another example of our government institutions debasing themselves in slavish devotion to the President’s agenda. While the new Reports are bad news for asylum seekers, there are many other sources for more honest reporting on country conditions. Asylum seekers will need to rely on those sources to counter the anodyne State Department Reports, and to support their claims for protection.
[…] are not actually safe and will not accept many of our deportees anyway. The State Department has white washed its human rights reports to make it appear that dangerous countries are safe, making it more […]
Hi Jason,Thanks a lot for helping us,
I entered the United States in 2021. In August 2022, I applied for asylum. During that time, my F-1 student status was still valid until January 2025. In January 2025, I lost my F-1 status, and at present, I only have a pending asylum ,USCIS has not scheduled an interview for me yet.
My question is: If ICE officers stop me and I have my EAD and my documents showing my pending asylum with me, can they detain me for visa overstay?
2.Have you ever seen a case like this before? What is the likelihood of this happening, and could it depend on the discretion of the officer?
I have heard about a case where a person arrived with a visa, filed for asylum, and was then detained by ICE (except where the person had a criminal history), so I think you are generally safe from that. However, ICE does have the power to detain anyone who overstayed a visa. If they did that, you should be eligible for release on bond, assuming you have no criminal issues and no prior removal orders. So in general, I think you are safe, but I suppose you never know whether things will change and it does not hurt to have a plan with a trusted friend or family member who can assist in the event you were detained. Take care, Jason
Jason my husband work permit did not get renewed he drives uber and they asking him for his real ID. We are still waiting on work permit documents to be processed and approved, so that he can process his drivers license from DMV.
Does it reallly take that long for USCIS to process work permit, do you know of anyone who has stopped processing work permit for asylum pending cases.
This is going to be a huge financial loss for us, do you think we can call uscis and ask them to process the work permit as soon as possible? or we are going to get into trouble for doing that.
This is one of my big worry.
I enter America without inspection, now am in removal proceedings, am married to a USC and I have pending I-130 . So now my spouse is abusing me so I want to file a VAWA. So my question now , if my VAWA is approved, do I need to leave the USA to my home country to get my green card and 2 will I be disqualified for VAWA if am I still living with my abuse spouse
I do not do much with VAWA, and so I think you should talk to an attorney who does such cases. I believe you would be eligible for VAWA even if you entered the US without inspection. I do not know how it affects a person if they continue to live with the abuser, but I would expect that at a minimum, it would make the application less credible. Take care, Jason
Work permit renewal times vary a lot, and so it is difficult to know how long it will take. He should be able to renew his license using the old work permit + the receipt for the new work permit, which automatically extends the old card by 540 days. To get this automatic extension, he would have needed to file to renew before his old card expired. If the DMV will not renew the license based on the automatic extension, he should ask for a supervisor, as he should be eligible to renew. I think it will be difficult to get USCIS to expedite a work permit, since they think people should use the automatic extension and should not be in such a hurry to renew. However, if he cannot get the extension or the license, he can try to expedite. Financial hardship can be a basis to expedite. I wrote about that on January 29, 2020. Take care, Jason
Hello Jason,
Is approved asylum a nonimmigrant or immigrant status, or neither of them ?
Thank you,
I do not know that there is an official classification of asylum, but I would presume it is an immigrant status since it is permanent. Take care, Jason
Hello Jason,
My friend was denied by the Arlington asylum office in 2024 and was sent to court, with his individual hearing scheduled for March 2026. Fortunately, he’s an engineer and received a scholarship in Germany and he got his visa approved just last week. Now, he’s looking to do a voluntary departure so that once he gets his German citizenship after few years, he can come back here to visit. What’s the process for that? He has three weeks left before he travels to Germany and unfortunately his attorney isn’t a helpful at all and he really needs to act fast cause he is traveling in less than a month.
He would either need to get a fast hearing to request VD, or more realistically, file a motion to request VD. This is best done before he leaves, but it may also be possible after he leaves (I did it earlier this year, but DHS opposed; luckily we had a reasonable judge). He needs to demonstrate that he is eligible for VD and that can vary, depending on his situation. If has no criminal history and no immigration fraud problems, he can show that he has a valid passport, can afford the plane ticket, and that he is willing to go. He would need to give the court evidence for all this. It would be easier with a lawyer and if his current lawyer is not helping, maybe he wants to find someone else who can get the request filed quickly. Take care, Jason
I was detained by ICE and released on bond and having next hearing after 1 month.
My spouse has an asylum case and I was added as a dependent with her but she decided to leave the country.
I want to know in my next hearing whether I will be still able to claim asylum based on my spouse case after she has been left the country or I have to open a new asylum case under my name?
Also if I want to leave the country do I have to wait to attend my next hearing or just leave without waiting for my next hearing?
With all due respect to Jason he is our saviour. But if you are in this situation please leave the country. It is not worth the risk and trouble you will go through for ur mental peace. You will need to have a seperate case for urself since she was the main person in the file.
Also you should have done this when she left I believe, It may be too late for you to start a new asylum case. Jason will surely give you the best Abu Mohammed but you dont want to go through what people are going through all this while with all that is happening. Make dua and take the best decision for u and ur family.
If she left, you would need your own case. Also, even if she was in the US, unless her case was also in court, you would need your own case, as you cannot be a dependent at the Asylum Office if you are in Immigration Court. Of course, if your case is based on her problems back home, and if she returned to the home country, you will need to explain why she is able to go back and you cannot. In addition, you may have an issue with the one-year filing bar – I wrote about that on January 18, 2018. In terms of leaving, it would be better if you can get Voluntary Departure to leave (if you are eligible), as that will avoid a deportation order and maybe make it easier to get any bond money back. Otherwise, I guess you can either appear at the next hearing and tell the judge you want to leave (and either get Voluntary Departure or a deportation order), or you can try to file papers with the judge saying you will leave (or have already left). You might talk to a lawyer about the best approach and also how to get any bond money back. Take care, Jason
Hi Jason,
Thank you for your help.
I need your advise please, I lost the original i589 (Asylum) application receipt. However I have a copy of it. Do I need the original to renew my ID or for EAD application? If yes, how do I get a replacement? I saw online that I need to contact USCIS office to get replacement.
I did my interview and waiting for my decision.
Thanks
We always use a copy to renew the EAD. As for your State ID, I do not know about that, but I would expect if you have the original EAD + a receipt for a new EAD, plus the copy of your asylum receipt, that should be enough. I do not know how to get a new original receipt. Maybe you can try contacting the asylum office to see if they can issue some type of documents. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Ok, thank you very much Jason!
https://www.npr.org/2025/08/24/nx-s1-5514814/kilmar-abrego-garcia-could-be-detained-by-ice-again-attorney-says
Your colleague is tirelessly advocating for this criminal alien…I just don’t get it…
In my opinion, there are many innocent, clean record immigrants who need the firm’s support. But it appears to me that all the resources are being dedicated to a few high profile cases…for fame…it seems…
I cannot imagine this person has a lot of money, how did he afford one of the top guys from your firm ? Is it a pro bono case ?
It is an important case, as it stands in the way of the Trump Administration harming more and more people. Even if they ultimately succeed in deporting him, which I certainly hope they do not, the fight to protect as many people as possible delays the harm they are doing and is well worth the effort. Take care, Jason
This Supreme Court is extremely deferential to the republican administration.
What should we to change the it ?
Hello Jason,
I just filed my asylum application with the Arlington office two months ago. If I move to a different apartment, which is still within the jurisdiction of the Arlington office, will it stop my clock for my first EAD application? Thank you.
The asylum clock should only stop if you cause a delay in your case. Moving to a new jurisdiction and a new asylum office potentially causes delay and can stop the clock, but moving where you stay at the same asylum office should not stop the clock, as you are not causing any delay. For this reason, you should be ok. However, I do not fully trust them to get this right, and I suppose it is possible that they will stop the clock by mistake. At least if you delay the move until after you get the biometrics appointment, that should help, as you don’t want to miss that appointment (missing an appointment will stop the clock). Take care, Jason
Hi Jason,
Thank you for all the support you do. I have a question regarding form N400. I am doing my application and I have a question regarding this
Have you EVER been arrested, cited, detained, or confined by any law enforcement officer, military official (in the U.S. or elsewhere), or immigration official for any reason, or been charged with a crime or offense, or notified that you were being investigated for a crime?
I have two citations: 1) I got a ticket for a right turn on red (caught on camera and ticket was sent to me), judge reduced the payment to less than $300 2) I drive a Tesla and the front license plate was not put and I got a citiation and told to put it on (paid $25).
I am was not sure if I should answer Yes to the above question. Based on my research it might be safe to answer “Yes”.
And then I got this question:
Crime and offense history
Provide information about all your crimes and offenses in the United States or anywhere in the world including any offenses involving solicitation, domestic violence, or driving under the influence, any offenses that have been expunged (removed from your record) or for which you received a pardon, and any offenses that happened before you reached 18 years of age. If anything is incorrect or missing, you can add, edit, or delete your entries.
Note: If you do not tell us about these offenses, you may be denied naturalization even if the original offense was not a crime for which we would deny your application.
What is your sugggestion on this?
Thanks
The first question is very broad, and so if you answer yes, I think that is ok, but you should include an explanation that these were traffic citations, and you would want to include copies of the citations and the dispositions (final outcomes). You would also want to include evidence that you corrected the problem about the license plate. These types of infractions should not have any effect on your application. If you have any offenses, you should tell them. If you are referring to the two traffic incidents, as long as you tell them about it, it should have no effect. Take care, Jason
We have to support the right democrat to win in 2028.
So who should it be ?
Hi Jason
thank you for all that you do for us:
I would like to ask your opinion on the following:
1. Have a child born in US with her passport if we travel and move out of the country does the birth right citizenship affect us ? can her citizenship be revoked?
2. We are waiting for our asylum interview, most probably it wont happen as we plan to move out of the country and withdraw our asylum case due to a personal emergency. Will there be questioning at the airport when you exit the country?
3. If we are stopped by a police officer at the traffic stop or random stop can we be arrested if they know we have a pending asylum case?
4. Going out randomly as a muslim women in cover, grocery shopping is it the highlight of an arrest in the US? especially if ur outside with two kids?
I got them down in number form because I just want to make it easier for u to reply to me:
Thanks a ton and so much blessing your way for helping vulnerable people like us.
1 – We do not know how this rule will play out, and so it is impossible to say. Hopefully, the Trump Administration will not succeed in taking away birth right citizenship, but if they do, you will need to pay attention to that to see if it affects your child. 2 – I have not heard about that being an issue, so I think not. 3 – In theory, you could be, but I have not heard about affirmative asylum seekers being detained in this way, although if you entered the US illegally without a visa at the border, detention in this situation may be more likely. 4 – I do not think this has been an issue; at least I have not heard about Muslim women being targeted in this way. Take care, Jason
Hi Jason
Thanks for your response.
we came here in an airplane and then had to stay for personal reasons due to death in the family. we ended up staying longer due to issues and thats when we applied for asylum. We did not come in as illegals does that matter in case of ICE?
I think people who entered with a visa are less likely to be detained than people who entered at the border without a visa and who were paroled into the country. Take care, Jason
Hi Jason,
There is a recent announcement by Trump that all 55 million us visa holders will be vetted for the following indicators:
The department said it was looking for indicators of ineligibility, including visa overstays, criminal activity, threats to public safety, engaging in any form of “terrorist activity”, or providing support to a “terrorist organization”
Will this apply to affirmative asykum seekers whose case are referred to court and who came to the US legally and filed asylum before the expiry of the visa and has no criminal record or any violation…
Will the clause of overstay will apply to such asylum seekers.
Thanks
I don’t see that this new announcement will have any effect on asylum seekers who have pending cases, at least as far as I understand it so far. There was a memo from this week about denying USCIS applications as a matter of discretion where the applicant expresses anti-American or anti-Semitic ideology, and that does apply to asylum seekers (among others). I will try to post something about that next week. Take care, Jason
Thank You Jason!
Hi Jason,
I hope you are doing well. I am reaching out for your guidance regarding an issue with my pending I-485 petition. I initially applied for asylum in 2015, and after years of delay due to multiple cancellations and administrative changes, my case was finally approved by the court in 2024. Meanwhile, I applied under the EB1A category, which was approved, and subsequently filed my I-485 based on that approval. However, I later discovered a serious error, USCIS had mistakenly attached a VAWA case belonging to someone with a similar name to my file. I contacted USCIS multiple times and submitted proof after receiving my FOIA file. Eventually, they scheduled an Info Pass appointment, and I was informed at the local field office that the issue had been resolved. Just last week, I received my I-512L advance parole approval notice. But today, I was notified that a Notice of Intent to Deny has been issued. When I contacted USCIS, the agent mentioned that the NOID notice has not yet been prepared and may take some time to arrive. Given the history and complexity of my case, I want to be proactive. I would be grateful for your suggestions on how best to proceed and whether you recommend a specific attorney who is experienced in handling NOID responses.
Thanks
Wish it were me who was approved…
I am not sure there is much to do until you have the NOID and know what USCIS is stating. It could be something very simple, like they need a new medical exam for the I-485, or it could be complicated and related to the past problems. Once you have that, you can evaluate and look for a lawyer, but most immigration lawyers should be able to help in a situation like this. Take care, Jason
I mean I sometimes see people are two-faced.
They make a profit out of the immigrants, but secretly, for their own purposes…they voted for anti-asylum candidate…
Hi Jason,
I submitted my asylum application last month with a 2015 complaint I filed against the government. At that time, I only had an electronic copy, so I printed it. The ID attached is my current version, not the 2015 one. My intention was to provide the correct ID number for reference, but I did not notice the difference in versions at the time. The ID number is the same, but the address and validity period differ (old ID: 2006–2016; new ID: 2017–2037).
Could this be seen as an inconsistency? If so, may I upload a statement to clarify this?
Thank you for your help.
Regards,
Prior to the interview, you can upload additional evidence for a case (most offices want this evidence a week or 10 days before the interview). If you think this issue may be perceived as an inconsistency, you can upload the matching ID and provide an explanation. I do not see that this would be a problem, and it seems easy to explain (as you did above). Take care, Jason
It’s very helpful. Thank you very much, Jason.
Hi Jason,
I hope you are doing well. Wanted to inquire if the one year filing deadlines applies to J2 visa holders?
If not, does it have to be stated in the cover letter that it does not apply to the person applying for asylum or do asylum officers already know that the J2 visa holders are exempted from the one year filing deadline?
Secondly, do you have any recommendations for a list of pro bono lawyers in Virgnia?
Thank you so much!
The one-year bar applies to everyone. However, if you are in lawful non-immigrant status (such as J-1 status), that should qualify as an exception to the one-year bar. I wrote about that on January 18, 2018. There is a question on the form I-589 about whether you filed on time, and you should provide an explanation about any exception to the one-year bar there (you can put it in the cover letter too). Also, you should provide evidence of your J-1 visa and that you were engaged in the J-1 activity the whole time you have been here. In terms of pro bono lawyers, I did a post on September 22, 2016 with links to pro bono organizations by state, and maybe that would be a good starting point. Take care, Jason
Hello Jason,
I applied for green card (I-485) based on approved asylum. Now the USCIS sent me form I-566 for Interagency of Record Request for diplomats. My country of origin does not have an embassy or consulate in the US to certify form I-566 which is needed to be done by the embassy. How can I get the form certified by an embassy that does not exist anymore? Is there any other way to show USCIS that I am not an embassy worker anymore? and to waive the requirement that form I-566 must be certified by the embassy of the country of origin?
Regards,
I do not know about that, sorry. But I thought the US State Department took care of that, and not the embassy itself (or maybe the State Department contacts the embassy?). When I have done such cases, we just filed the I-580 and the I-566 along with the I-485 (and other supporting documents and forms) and the process was automatic. Maybe you want to talk to a lawyer to see what USCIS needs and to research how to fulfill their requirements. Take care, Jason
Hi Jason,
A new memo was issued at USCIS regarding good moral character. It looks like traffic violations will now be more scrutinized and it is still unclear what traffic violations will be considered lack of good moral character. Does running a red light means you’re not a person of good moral character? Failure to yield to a pedestrian bad moral character? Someone would think these constitute poor judgment rather. This is just an attempt in my opinion to put more unnecessary pressure on immigrants.
People voted for this…they don’t like immigrants and asylum seekers…
They don’t want you here…
The question is what should we do about that.
I always advocated for more ardent support for the Democratic nominee, but you get those “both sides” people who refrain from voting/write-in/protest vote/third party.
And also in general the incompetency and inefficiency of the asylum advocates at large. In the next 3.5 years, I expect a lot of restrictions from the current administration with few oppositions.
I expect more people can behave like Gavin Newsom…
They are trying to make the environment as hostile as possible towards immigrants. Truth and decency are irrelevant. Take care, Jason
Hi Jason, so what is your suggestion for those who wants to get naturalized based on this memo? Should someone who’s paying taxes on time with no criminal records no traffic violations or tickets and work 40 hours a week be worried?
I do not think there is much to worry about. Maybe you want to submit some extra evidence, such as proof you paid your taxes or a few letters of good moral character from people who know you. I do not know that this is needed, but it might help smooth the process. Take care, Jason
And would you say their complete disregard of the well-being of asylum seekers an indication of their morality ?
A lot of these people, they voted for the current administration to get a lower cost of egg price…at all cost…including the well-being of asylum seekers and other vulnerable community…It seems that they place their, relatively small well-being (paying a lower price for eggs)…much higher than other people’s life-and-death..
This…complete disregard of other people’s life…do you think this reflects some decay in these people’s morality ? Should I consider them somewhat …immoral ?
I do not think people voted for Trump primarily due to the cost of eggs, or even due to the economy. I think many see their country under threat and they felt he would defend their values and way of life. I personally think they are wrong about the threats we face and wrong about the solution, and the best hope is to engage with such people rather than judge them. Sadly, we largely seem to have lost the ability and willingness to engage with each other, and we will all suffer the consequences for that. People who are already vulnerable will suffer more than most from our failures. Take care, Jason
I feel democrats have done a lot in terms of engaging them.
But at the end of the day, they still flock to the current administration…
So I think the asylum community did their part. But the anti-asylum community didn’t do their part. And also why it seems engaging them seems to be only one-sided. They need to be willing to engage the asylum community as well. Having a higher requirement on the democrats is double standard.
Hi Jason,
I wrote an email back in november requesting to withdraw my asylum case because I left the country but I recently received a letter for interview, what should I do?
When I emailed to San Francisco office and they told me that my case was in Los Angeles office but they forwarded the email to los angeles Office. The invitation letter I received is from San Francisco, does that mean my case is in San Francisco office?
Thank you
You should email them again and include evidence that you are outside the country. Also, include a copy of the interview letter. I would send it to SF, since that is where the interview is scheduled. I wrote more about withdrawing on December 7, 2022 and maybe that would help. I the worst case, if they refused to withdraw, I guess you could hire a lawyer to go to the interview and again present evidence that you have left the US and want to withdraw the case. I expect that will not be necessary, but you could do that if you had to. Take care, Jason
Hi Jason,
I currently have a full-time job and also work part-time as an Uber driver, primarily in Washington, D.C. I have a pending asylum case with the Arlington Asylum Office.
Recently, I’ve heard reports that the National Guard and ICE have been conducting checks in public areas such as restaurants and on the streets, allegedly detaining individuals who are unable to present valid documentation.
If these reports are accurate, it raises serious concerns for me. I am not sure if having an expired EAD with 540 days extension would be sufficient to let me go if I get stopped or not. stopping this work would create a significant financial hardship. I would appreciate any clarification or guidance regarding the current enforcement activity in the area.
Under the law, you are allowed to be here and to pursue your asylum claim. It’s just not entirely clear that these agents follow the law. I think the danger is more for people who entered the US without a visa at the border, and so far, I have not heard about people who entered legally and who have a pending asylum case being detained. The EAD and automatic extension + your asylum receipt should be enough to show your status. If you entered the US with a visa and if were detained, you should be eligible for release on bond (assuming no criminal issues), and so hopefully for that reason, they would not detain you at all. Unfortunately, these agents are not always following the law and it is not so easy to know who is a target, and so while most affirmative asylum seekers should be ok, it is difficult to know for sure. Take care, Jason
Hi, just checking if anyone here applied for asylum in 2016 in NYC, and was invited for the interview. Need some hope. TY!
Applied in 2017.
Waited for 7 years.
Sent WOM letter of intent and got my interview invite right away.
Hope this helps.
What is a WOM? and have you done ur interview?
did you get approved? was it scary to go for the interview?
Thanks Jason!
I did some research and found out Hartford immigration rejection rate for asylum 73 percent higher then national average. I don’t know the the accuracy of different statistics available but there is a this general sentiment as well specially the judge my case has been assigned to.
Looking at all the efforts that have been put in.
1. Is it advisable to move to a place with a court with better merit based approval rates and then file a motion to move your case. Does it help ? My initial thoughts are that it may help as the judge and repute of the court does play a critical role in a fair assessment and hearing.
Can you suggest and advise , if it make sense to move the case before individual hearing.
Thank you
I do think the statistics from TRAC Immigration are accurate, but they don’t tell the whole story. From my perspective, a 73 percent denial rate is not so bad. Many of the cases denied are weak cases. For example, many cases from Central America involve fear of gang members. While these applicants have a real fear of harm, this type of case does not easily fit into the framework of asylum and so is likely to be denied. If a judge has many cases from this population, the judge may have a high denial rate. Also, if the judge does a lot of detained cases, the judge will also have a higher denial rate, as such cases are more frequently denied (because the person had a criminal issue, or did not file for asylum on time, for example). However, if the judge has a very high denial rate, you can move and ask that the case be moved too. If you do not do that too close to the final hearing date, most judges will allow it. But even if you do move, and even if you go to a better court, it is possible that you will get a worse judge, so while it may help you, it may not. Take care, Jason
You would want to have a judge that is 73 approval rate rather than denial rate…
Thank You Jason!
Your opinion and thoughts does make a lot sense! you never know if you move to a jurisdiction of an immigration court with high approval rate and end up with a worst judge and other statistics that you mentioned here are worth to consider as well to go deep in into denial rates and the which segment of asylum seekers are being denied.
Thank You Jason!
Hi Jason,
Thank you for your helps. This is a wonderful work you are doing!
I landed this wounderful land on B1/B2 in Aug 15, 2015 and applied asylum in June 2016. I was scheduled on interviews by Asylum office on 8/7/25. I tried to reschedule because of not getting appropriate supporting documents, and also, possibly to get alternative relief as a calcelation of Removal, if not pass by USCIS, it was successful rescheduled.
I am in the USA for over 10 years now with two kids, born in the States. I have no criminal history and have good moral character , now looking at the current immigrants situation I am so worried about the future.
My question:
1. How long it takes to reschedule by the Uscis?
2. is there anyway that I can push them for rescheduling ? Or shall I wait quietly in this turbulence time?
3- My EAD was expired 8/8/25- does it impact to get EAD, such applicant- caused delay ? I applied 5/20/25 but still showing as a pending!
Could you please provde your thoughts? Highly appreciated. Thank you.
Hello Pending asylum,
Hope you will get your rescheduled interview soon, let me ask you! Which asylum office did you applied to?
@Los Angeles
1 – It varies, but at least in my local office (Virginia), it is usually a month or two. 2 – I would wait at least a month, but then you can send them an email to inquire. You can find their email if you follow the link under Resources called Asylum Office Locator. 3 – The delay has no effect. The only effect is when you cause a delay during the first 180 days of the clock. Once you have the work permit, there is no effect when you cause a delay. Take care, Jason
Ok- I will. Thank you Jason.
Hello Jason,
Thank you very much for your continued support to the immigration community.
I have a question about my case. I was referred to Immigration Court by the Asylum Office in 2024 on the basis of internal relocation. My Master Hearing was scheduled for November 2025. After my attorney submitted the written pleadings, the Court set my Individual Hearing for June 2028 and issued a Scheduling Order at the same time.
Shortly afterward, my assigned judge was terminated, and my case now shows as assigned to “Visiting Judge 4,” with the same Individual Hearing date in 2028.
Could you please help me understand:
1. What is the purpose of the Scheduling Order?
2. Is there any possibility that my Individual Hearing could be moved to an earlier date?
For context, I originally entered the U.S. on a B-1 visa in 2015 and was referred to Court in 2024.
Thank you again for your guidance and for all that you do.
Sincerely,
R J
I just don’t unde
Hi, RJ I am so sorry to hear that, which city were you referred to immigration court?
1 – It normally lists when evidence, a witness list, and a legal brief are due. It may also list other deadlines. 2 – Maybe, once it is assigned to a judge, it could be rescheduled. If you want an earlier date, you can try asking for that. I wrote about this on April 20, 2017. Take care, Jason
Hi Jason and everyone on his blog, can you please share any info you have about situation with TSA and asylum pending applicants, I’ve important work meeting in another state – can’t drive there as going with the rest of my team, what are the risks of getting detained by ICE or CBP if I have pending asylum, EAD and Real Id? Have you heard anyone with pending asylum to be detained?
You can totally drive there if you are worried.
I am sure your coworkers will understand.
I have not heard about examples of people being detained on domestic flights, and it sounds like you have the IDs you need to travel. I do think that people who arrived illegally at the border and filed for asylum are more vulnerable to detention than people who entered with a visa and filed for asylum, but otherwise, I do not know of any examples of people being detained on domestic flights. Take care, Jason
Hello Justin,
I am Syrian as well. I was granted asylum in 2021, and I applied for my Green Card (I-485) in 2022, after the one-year mark. I am still waiting, and it has now been about 1,040 days since I filed.
I am really worried because the recent country condition reports about Syria seem to suggest some improvements, and I am afraid this could affect my case.
What would you advise in my situation?
Thank you very much for your time and guidance.
Hello Justin,
I am Syrian as well. I was granted asylum in 2021, and I applied for my Green Card (I-485) in 2022, after the one-year mark. I am still waiting, and it has now been about 1,040 days since I filed.
I am really worried because the recent country condition reports about Syria seem to suggest some improvements, and I am afraid this could affect my case.
What would you advise in my situation?
Thank you very much for your time and guidance.
There are still a lot of problems in Syria, and so I do not think it would be easy for the government to argue that it is now safe to return there. In theory, they could try this, though I have not heard about any cases where they did try this. If they do, you will need to get evidence showing that it is dangerous (and as discussed above, although the State Department Report white washes many human rights abuses, there are other sources of more accurate information that you can use as evidence). In terms of what to do about the delay, you can make an inquiry through http://www.uscis.gov, and maybe you also want to contact your Congress person’s office to ask if they can assist. You can find their contact info if you follow the link under Resources called House of Representatives or Senate. Take care, Jason
I did contact the congressman two times and they didn’t give them any important updates
and I also made two inquiries about my case but nothing just general response
Thank you so much for your help and support I follow your articles sonce 2014 very helpful and informative
I am in the same situation. I was granted asylum by the court in April 2022 and I applied for my green card one year later, in April 2023. Now it has been almost 900 days, and I am still waiting.
I contacted my Congressman, and they told me they would run background and security checks. I also submitted two inquiries, but nothing has changed so far.
I am Palestinian, and unfortunately, it seems there is increased scrutiny on Arabs regardless of religion, any Arab faces additional delays.
I have never had any issues here, not even a traffic ticket. I pay my taxes since the day I arrived, and I have always followed the law.
I would not be surprised if the delay is related to your being from a majority-Muslim country or because you are Palestinian. At some point, if there is no movement and nothing seems to be working, you might consider a mandamus lawsuit to force USCIS to process your case. Take care, Jason
I still want to criticize the inefficiency of the asylum community. I don’t know the efforts behind, my evaluation is based on results and outcome.
Because I have something to compare. In the 2017-2021 administration and current administration. The govt was able to place a sweeping, drastic restrictions on asylum and immigration in general.
And when I compare the record of the asylum community. I think I can safely say that I don’t notice a meaningful improvement that matches the level, extent, intensity of the government. And I think the asylum community ought to do better than what it is right now…I say this asylum community at large, not to specific individuals.
I have these feelings because it’s typically like this: they make a drastic move, and then we read about that in the blog or many other, and then some comments, and typically advice that is aimed at preservation, appeasement, and deal with what it is, but typically lack meaningful counteract effort, and let me say almost none…I mean it only seems one side is making any shift, it’s the anti-asylum power.
I don’t want that these continue for the next 16 months or so. because they can do a lot, in the 16 months, and we cant go like, everytime they do something bad, and we write about it, and then say it’s bad, and then what we could to in an “avoid/reduce harm” rhetoric. rinse and repeat…I want to see some actions,
Have ACLU, AILA, ASAP, CASA been filing federal lawsuits ? I mean they promote that they are pro-asylum everyday, right ? Where are they now ?
Has the torture survivor organize some protest in front of the institutions ? Have you guys been meeting congressional members, govt officials ? I applaud the articles regarding how can asylum seekers help the democratic nominee in 2024 season, please have more of that please. in the midterm and in 2025 election. Have you guys been doing the work to vote out these anti-asylum politicians ?
I mean I would LOVE to see some actions on the part of the asylum community. Because if we really want to improve asylum seekers situations. These things are needed.
I am being high standard but I think when I see the outcomes, I have a legitimate cause to say I am unhappy with how much the asylum community has achieved in the last 2 decades.
https://www.youtube.com/watch?v=_2DOIS7FHs0
This is what i am talking about and he will earn my support in 2028. I have been looking for answers to “who I should support in 2028”.
I found my answer in Governor Newsom.
I would be happy if he won, but we have a long way to go until 2028…
Then we are in serious trouble…
If a certain party is able to secure permanent majority…then I am worried…
Hi Jason,
I entered the country on B1/B2 and applied asylum in 2018, unfortunately I was referred to the court by Asylum office now my Individual hearing is next week.
I am in the USA for over 7 years I have no criminal history, looking at the current immigrants situation I am so worried going for my individual hearing in the court
My question is that is there any chance that ICE can detain me if my asylum claim is not approved by the judge my immigration court is in Maryland and secondly how long will take to get a decision on board of immigration appeals after we apply for that
Thank you
For a person who entered legally and applied for asylum, I think the chances of being detained in court are low, as you should be eligible for release on bond. Even if you are not approved in court, you have a legal right to appeal, and so we have not seen people detained after they lose a case. If you do appeal, those cases take between 2 and 4 years, but it is very unpredictable. I would expect that these cases will get faster, but so far, we have not seen that. Take care, Jason
You observations make me feel better.
Hi Jason,
After two years of pending decision I checked online and found out my decision was mailed , curious I checked online in the court system and entered my A number and surprised to find out my master hearing was set to December and online on internet.
Usually it takes a year for master hearing but in my case it wan set for after 3 months in the court of Hartford CT.
More details will be in the mail.
After almost 10 years (month less) I got this and still need to recieve the mail …
My case is very legitimate , all evidences are clear and legitimate even then …
My question is that is it normal for the master hearing to come up quick or is it the mistake of asylum office they mailed the decision late and case was already referred to the court.
What options I have in addition to the court process .
Thanks
I am sorry to hear this. It is pretty normal these days for the MCH to be scheduled a few months after the case is referred from the asylum office to the court, so that is not unusual. You will have to see the referral letter to have a better idea about what happened, though it does not give a lot of details. You can also file a request for a copy of your file – follow the link under Resources called FOIA USCIS. Otherwise, you will have to present your case to the judge. I wrote about the process on March 7, 2018. It is certainly possible to win a case in court that was denied at the asylum office, and so you should not give up hope. You would probably want a lawyer to help you with the court case, as those are more difficult to win with the help of a lawyer. Take care, Jason
Thanks Jason!
I did some research and found out Hartford immigration rejection rate for asylum 73 percent higher then national average. I don’t know the the accuracy of different statistics available but there is a this general sentiment as well specially the judge my case has been assigned to.
Looking at all the efforts that have been put in.
1. Is it advisable to move to a place with a court with better merit based approval rates and then file a motion to move your case. Does it help ? My initial thoughts are that it may help as the judge and repute of the court does play a critical role in a fair assessment and hearing.
Can you suggest and advise , if it make sense to move the case before individual hearing.
Thank you
I do think the statistics from TRAC Immigration are accurate, but they don’t tell the whole story. From my perspective, a 73 percent denial rate is not so bad. Many of the cases denied are weak cases. For example, many cases from Central America involve fear of gang members. While these applicants have a real fear of harm, this type of case does not easily fit into the framework of asylum and so is likely to be denied. If a judge has many cases from this population, the judge may have a high denial rate. Also, if the judge does a lot of detained cases, the judge will also have a higher denial rate, as such cases are more frequently denied (because the person had a criminal issue, or did not file for asylum on time, for example). However, if the judge has a very high denial rate, you can move and ask that the case be moved too. If you do not do that too close to the final hearing date, most judges will allow it. But even if you do move, and even if you go to a better court, it is possible that you will get a worse judge, so while it may help you, it may not. Take care, Jason
Hi Sadiq. Sorry about that. I have been waiting for my decision for almost two years. What I have heard is that the asylum office processes referral decisions much faster than this. Do you have any idea why they referred you to the court after two years? Was something in the background check they couldn`t clear? Has your country’s condition improved?
@NABUK
I dont think so there is any fixed criteria or they inform you of any reason , it could be a very minor / trivial reason or it could be anything else.
There arent any defined rules.
Hi Jason! First thank you for this website,it is reql helpful for the people.
I came in us 2013 with K1 visa,I did not marry the petition,
After 11 months I applied asylum, My asylum case still pending until now,2024 married to us citizen and I filled i 130 and i 485.
I 130 still pending, but i 485 denied, I filled 1 290b to reopened and approved, now both i 130 pending and I 485 pending,I plan to file 1 131 (AP)
Do you think will be smooth re enter since I over stay K1 visa for couple of months before I applie asylum?
I need your advice please!
Thank you!
If you have valid AP based on asylum pending, you should be able to travel and return to the US. If the AP is based on the pending I-485 (and I do not think the I-485 is considered pending if it was denied and you filed an I-290B), you can also travel. However, if the I-485 is denied while you are outside the US, the AP would technically be cancelled and that would potentially prevent you from re-entering or cause you to be detained when you try to re-enter. And so you have to be careful about that. Take care, Jason
I want to ask @Jason, have you personally be threatened by the administration or during 2017-2021 because of your help of asylum seekers ? I have a feeling that some of the administration don’t like people like you. So I have been hearing asylum advocates are getting some retribution.
Have you personally ever had anything negative happen because of your work ?
I have not had any issues except the usual stress of the job, which is enough. Take care, Jason
Hello Jason,
Thanks for this write up. I just went through the country situation and they have not painted the true picture of Cameroon where I come from. My asylum application has been pending with USCIS since 2018!Human rights violations are still very rife and the 93 year old dictator paul Biya who has been in power for 43 years is still running for president come October 12,2025!
This is sad, I weep for Cameroon. This man tortured me and I will not forgive him.
1- How can I continue my advocacy for the international criminal court of justice to try him?
2- Is it alright to continue to use social media to call for dictator paul Biya’s arrest? Or should I lay low?
3- He will surely win in October 2025 and then later on hand over power to either his child or a member of his gang! We don’t want any of them to come close to power again in Cameroon.They are the same people. If this happens how will it affect my asylum application?
4- Is there a way to expedite my asylum interview?
5- I am also considering pursuing a masters degree in STEM and helping America fight cyber crime coming from 3rd world countries. Will I be able to qualify for an EB2 Visa and adjust status though I have a pending Asylum case?
Thanks so much for your help
1 – I do not know about that, sorry, but I hope you will continue advocating on this issue, as it is very important. 2 – From the perspective of an asylum case, I see no reason to stop your advocacy. Engaging in political activities against the Cameroonian government should help strengthen your case, as long as the activities are legal in the US. 3 – When you have your asylum interview, you will need to show how you still face persecution under whatever government controls the country at that time. In some cases, where a person suffered severe persecution in their country, they can still win asylum even if the country is now safe for them. However, in most cases, you need to show that you have a well-founded fear of persecution based on current country conditions. 4 – You can try. I wrote about that on March 23, 2022. 5 – That depends on many factors and you would need to talk to a lawyer about the specifics. In general, if the only status you have is the pending asylum case, you would need to leave the US to get a green card, and this may or may not be possible, depending on the case. Take care, Jason
Hello Jason,
We have been able to schedule an interview for YY (follow-to-join) visa for a dependent that has an approved I-730. The father is in the US and he is not a US citizen yet but has a green card obtained via asylum. However, the country where the dependent lives is in the list of a partial ban that was issues by the Trump administration in June 2025. Do you think the YY (follow-to-join) visa will be denied? I’m getting conflicting information.
Thank you!
I have not seen anything definitive, but the language of the ban indicates that it does not apply to asylees, and so hopefully, I-730 beneficiaries will not be affected either. As I remember, the prior travel ban did not affect I-730 people, and so hopefully, it is the same now. Take care, Jason
Hello Jason,
I was granted asylum as a dependent on my father in March 2024. I applied for my green card (Form I-485) in April 2025 and have not received any updates. Given the recent regime change in Syria and the new interview criteria, I’m concerned—could this put my green card application at risk?
Specifically, what would happen if USCIS decided to deny it? Our original asylum claim was based on credible fear from both the Assad regime and militias in Idlib, so I believe we can argue that our fear was from multiple parties. The 2024 country report on Syria still describes serious ongoing dangers.
I’m anxious about the possibility of a denial or being stuck in prolonged interview delays again, as happened with our asylum case (applied in 2015, approved in 2024). This uncertainty is extremely frustrating and discouraging.
Thank you
Country conditions in Syria are still pretty bad, and so you would likely have a decent claim for asylum based on the current situation. We will have to see how things develop with this issue, as there are a lot of Syrian asylees and refugees in the same situation. If the US government concludes that the conditions in Syria have changed such that it is safe for you to return, they could try to take away your asylum status. For that reason, it is safer to get the Green Card as soon as possible. On the other hand, I wonder if Syrians with asylum are better to wait and not apply for the GC, in the hopes of staying under the radar. In your case, you have already applied, and so I think you should be prepared to explain why you still fear harm in Syria if they ask you about that during the asylum interview (and in truth, this question is really for your father, since you are a dependent and not the principal applicant). Take care, Jason
Two recent circuit court opinions about El Salvador and CAT protection; here’s an overview:
https://samsramblingss.substack.com/p/does-cecot-justify-cat-part-2
Hi Jason, what do you think about Safe Third Country Agreement with Paraguay https://www.state.gov/releases/office-of-the-spokesperson/2025/08/signing-of-a-safe-third-country-agreement-with-paraguay/ – does it apply for the asylum seekers currently present in the country?
I don’t know much about it, but it seems to be some type of plan to force asylum seekers in the US to pursue their claims in Paraguay. We will have to see how this develops. Take care, Jason
Asylum officer here! When you come to your asylum interview, it’s very useful if you can tell me specific examples of similarly situated individuals in your country. The examples can be people you know, people you heard about, or people you read about in the news and should mention the same persecutor and the same harm that you fear. For example, if you fear being killed by the army, the example you provide should be the army killing someone. You should also be prepared to provide examples of people being targeted for the same reason. If the army wants to kill you because you are gay, you should provide examples and/or country information about gay people being targeted. Note that country information about discrimination is not useful when there is no evidence of that group is experiencing harm that rises to the level of persecution. It’s also pretty common for people to fear arrest, which isn’t always enough if we don’t also have evidence of government officials mistreating or indefinitely detaining the people they arrest. You should also be prepared to provide examples of what happens in your country when someone tries to ask the government for help. If you fear domestic violence, and there are government entities that address family violence, how effective are they in protecting people? How do you know that? Did you read a specific story? Remember that your credible testimony becomes evidence, so if you give me specific examples of things you have read or heard about, I can use that in my assessment instead of these reports. If it’s not the government that you fear directly, try to provide examples from the region of the country where you are from, and the more recent the information, the better. We do still have to look at country reports to see if they contradict what you tell me but you save me a lot of time and effort by explaining it in your interview. Attorneys, your closing statement (either in writing or in person) is a good opportunity for you to highlight country reports with the same persecutor, same harm, and same protected characteristic. Articles or highlighted sections of reports about unwilling/unable and internal relocation are also very useful. I can’t use citations that are old unless it’s a past persecution-only claim, and even then, I need a recent citation about whether there has been a fundamental change. I don’t have time to read 300-page reports, so I always appreciate when attorneys highlight why country information is relevant to your client’s case. Thankfully, there’s nothing that says I’m required to rely solely upon the DOS report, so there’s still hope for your client’s cases. Hang in there, and as always, thank you for your great work!
Thank you for this. I would add that evidence of similarly-situated people being harmed is also very helpful. Thank you, Jason