It’s not easy these days to find good news in immigration world. Families torn apart, Constitutional protections under siege, humanitarian migrants sent to random third countries, work places raided, detention centers filled beyond capacity, &tc., &tc. It’s difficult to keep up with all the negative developments, but two decisions from earlier this month stand out–one from the Board of Immigration Appeals (BIA) and another from the U.S. Supreme Court. These decisions are particularly pernicious and will potentially harm millions of people.
The BIA case is Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025), which held that “aliens who are present in the United States without admission are applicants for admission as defined under Section 235(b)(2)(A) of the INA… and must be detained for the duration of their removal proceedings.” In the words of an American Immigration Council analysis, Matter of Yajure Hurtado, “creates a sweeping new rule that strips most noncitizens who entered without inspection of the right to seek bond from an IJ [Immigration Judge], regardless of how long they have been residing in the country and where they were apprehended by immigration authorities.” Essentially, this means that every non-citizen who entered the country without a visa is now subject to mandatory detention until their Immigration Court case is completed.
How many people are we talking about? The Pew Research Center estimates that there are about 14 million “unauthorized immigrants” in the United States: 6 million who have some type of legal protection (such as a pending asylum case or TPS) and 8 million with no legal protection at all. I’d guess that easily 8 to 10 million of these people entered the United States without inspection and are now subject to mandatory detention under Yajure Hurtado. Our current detention capacity is approximately 62,000 people, which is less than 1% of the total who could be detained pursuant to Yajure Hurtado.
This is obviously bad news, but I promised you some silver linings, so here are a few. First, this is a decision from the BIA, which is subject to review by federal courts. So far, numerous federal courts across the country have found that non-citizens who previously entered without inspection are subject to detention under INA § 236, and not–as decided in Yajure Hurtado–INA § 235(b)(2). Such non-citizens may be eligible for release on bond.
Second, non-citizens can still challenge their detention by filing a petition for habeas corpus in federal court. Such a petition does not get a person released, but if successful, it will at least allow you to request a bond from the IJ.
Finally, for those non-citizens who entered the United States with a visa, the likelihood of detention has probably gone down. That’s because the government has limited bed space to hold people, and if they are required to lock up everyone who entered without inspection, they will have precious little capacity to detain anyone else. So I guess that’s something.
The other piece of recent bad news is a U.S. Supreme Court decision called Vasquez Perdomo v. Noem, 606 U.S. XXX (2025). In that case, a Federal District Court found that ICE was targeting people based “solely on four factors: (1) their apparent race or ethnicity; (2) whether they spoke Spanish or English with an accent; (3) the type of location at which they were found (such as a car wash or bus stop); and (4) the type of job they appeared to work.” The court found that these factors did not satisfy the Fourth Amendment’s requirement that people should only be stopped by law enforcement where there is a “reasonable suspicion” of wrong-doing, and it enjoined (blocked) the practice while it considered whether long-term relief was appropriate.
Without providing any explanation, the Supreme Court stayed (blocked) the injunction, which allows ICE to continue targeting individuals based on these several factors.
In a concurring opinion, Justice Kavanaugh minimizes the harm caused by ICE’s actions. “If the person is a U.S. citizen or otherwise lawfully in the United States,” he writes, “that individual will be free to go after the brief encounter.” Easy peasy. However, I’m guessing that for those targeted (possibly repeatedly) by masked and armed ICE agents, any “brief encounter” is likely frightening and traumatic.
Justice Kavanaugh also stresses that courts must defer to the Executive Branch on immigration policy: “We merely ensure… that the Executive Branch acts within the confines of the Constitution and federal statutes.” Apparently, that allows for targeting people based on their race, job or language.
In her dissent, Justice Sotomayor describes numerous instances of violence and intimidation perpetrated by ICE agents, including the following–
immigration agents arrived at a tow yard in Montebello carrying handguns and military style rifles. Jason Gavidia, a Latino U.S. citizen, was working on his car in the tow yard that day. A masked agent ordered Gavidia to “stop right there” and began asking him questions. Agents then asked Gavidia whether he is American at least three times; three times, Gavidia affirmed that he is. Unsatisfied, the agents asked Gavidia for the name of the hospital in which he was born, and when Gavidia could not immediately recall, the agents racked a rifle, took Gavidia’s phone, pushed him up against the metal gated fence, put his hands behind his back, and twisted his arm. Agents released Gavidia only after he offered up his REAL ID. That ID was never returned to him.
I suppose this is what Justice Kavanagh would call a “brief encounter.”
Justice Sotomayor concludes that we “should not have to live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low wage job.” “Rather than stand idly by while our constitutional freedoms are lost,” she writes, “I dissent.”
This is obviously pretty grim. The only possible silver lining is that this is an interim decision about whether the District Court injunction against ICE can continue. Perhaps we will get a better decision when and if the Supreme Court reaches the Fourth Amendment claim itself. Given how the Justices ruled here, that seems unlikely, but one never knows.
I suppose that is enough bad news for one day. I for one will try to focus on the silver linings, as we need to take our (sort of) good news where we can find it.
Espero usted y su familia estén bien, me gustaría preguntarle acerca de mi caso de asilo , fue presentado en el 2017 y ahora mismo el 9 de diciembre tengo la primer entrevista y revisando mi aplicación lei que en mi aplicación dice que fui detenidocon un cargo menor por conducir sin licencia y que también une pusieron que andaba una identificación falsa , y si era un id para abrir una puerta ya que tenia código de barras y tenia un nombre inventado con el cual trabaje, por eso me detuvieron como una hora aproximadamente luego de pagar una fianza de 1000 dólares me dejaron en libertada y me dejaron corte , a la cual asistieron con mi abogado y el juez me dijo que me quitaba los cargos que pagara el ticket de no licencia y cuando lo pague mas bien me devolvieron parte de los 1000 dólares que pague, la pregunta es , si eso yo lo puse en mi aplicación con el objetivo de no mentir y ser transparente me puede afectar?
también una vez me preguntaron por eso y no me renovaban el permiso de trabajo hasta que les enviara evidencia de que paso y yo les conteste que fue por no licencia y fui a la corte a pedir el record y me dijeron que no existía nada de mi record ya que habían pasado mas de 10 años envié y me enviaron mi permiso de trabajo por 5 años, luego me llego la cita del 9 de diciembre del 2025 en arlinton VA
LA ULTIMA PREGUNTA ES : LO PUEDEN ARRESTAR EN LA ENTREVISTA?
MUCHAS GRACIAS Y BENDICIONES
I doubt this type of arrest would block you from asylum, but you do need to tell them about it and give them any documents that you have. If you have no documents, it would be helpful to get something from the court stating that they do not have a record of the case any more. I have not herd about people getting detained at asylum interview, although I think it may sometimes happen for people who have criminal issues and possibly for people who entered the US unlawfully. I do think it is rare and it is not likely that you would be detained at the interview. If you are worried about that, I did a post on June 4, 2025 about people being detained in Immigration Court and how to prepare for that; maybe that would be of interest, but I think it is more important to focus on the interview, as the likelihood of being detained at an asylum interview is very low. Take care, Jason
Hi dear asylum community and Jason, just wondering if anyone got approved recently for asylum based greencard?
I have filed a year ago and still waiting.
Your comments will be much appreciated.
We see people getting approved. Supposedly, the “pause” is over. I wrote about that on August 6, 2025. Take care, Jason
I applied 7 months ago and received my HC a week ago….good luck!
Hi Jason,
I have a friend who came in with a B2 visa he’s planning to do an asylum he has a strong case and fears to return. How is the process these days. Is there still a backlog? How soon can he get work permit?
Thanks!
New cases are a priority and mostly receive fast interviews. That would normally be a few months after filing, but it could be sooner (or later) and so it is a good idea to file a complete case, or at least to have the case mostly ready for the interview at the time you file. For work permits, it is the same as always – you have to wait 150 days after filing and then you can apply for the work permit (assuming you have not caused any delay in the case). Of course, if you happen to win asylum sooner than 150 days after filing, you get a work permit at that time. Take care, Jason
I mean, everybody is worried about the $100 annual fee.
And they have been asking the right questions. But it just seems no one is able to give them an answer.
I think there is a lot of incompetence going on. Government officials not able to implement changes, asylum advocates couldn’t help seekers with good information.
I mean…it very disappointing.
The government has not provided info about the process, and so advocates do not know how to proceed. A good website that is tracking this issue is here: asaptogether.org/en/new-fees/. Take care, Jason
Hi,
If an asylee did not submit Form I-602 during the asylum process, but made a false statement during a visa interview in their home country in order to escape persecution.
1. can they later submit Form I-602 along with an affidavit explaining the false statement when applying for adjustment of status (Form I-485) based on their granted asylum?
2. Currently, is there an interview before the approval of Form I-485 based on granted asylum? Or the form I 602 can be cause of interview?
3. Are there consequences to disclosing that information now?
Thank you
1 – Yes. They may also need to submit evidence as well, to help satisfy the discretionary element of the waiver application (i.e., showing that you deserve the waiver as a matter of discretion). 2 – Supposedly, all asylee/I-485 applicants will be interviewed, though whether that is actually happening, I am not sure. 3 – Potentially. I think given the viciousness of the current Administration, it would be a good idea to talk to a lawyer about the misrepresentation before filing the I-485 (this misrepresentation will be particularly problematic if you did not reveal it during the asylum process). There are different ways to approach this, and there are real risks in a situation like this. For these reasons, I think it would be wise to talk with a lawyer about the specifics and decide how best to proceed. Take care, Jason
(Following up my previous question)
You mentioned “misrepresentation will be particularly problematic if you did not reveal it during the asylum process”. Is it considered ‘revealed’ if the misrepresentation is mentioned in the asylum affidavit. Example: in the story “… after the day they came to my house, I am afraid of my existence and looking for means of leaving the country, asked my friends who is living in different country to send me an invitation to visit them. Then I found an invitation from an old friend and requested the visa…..” Is it considered revealing misrepresentation.
It is not 100% clear, but it sounds like you told the asylum office that you had a fear of staying in your country and that is why you pursued a visa, and so I think that is probably good enough. You certainly alerted the decision-maker to the issue, and if they had further questions, they could have asked you. And so I think this is probably ok. Take care, Jason
Hi Jason,
Are the Annual Asylum Fee rules retroactive, or do they only apply to new cases? My I-589 was filed with USCIS in September 2016 and referred to court in July 2025. Do I have to pay any fees now?
Thank you for your answer!
I believe you will have to pay the fee. There is currently no way to pay these fees in court, though you can pay the fee for an “initial” application and some people are doing that, even if their case is not new. This web page has more info and updates about the fees: asaptogether.org/en/new-fees/. Take care, Jason
Hi Jason,
My nephew had his I-730 visa interview today and was denied a visa. He’s from a country that is on a list of partial ban declared by Trump in June of this year. Here’s what the denial reason paper stated for my nephew today:
“Immigrant Visa – Ineligible under 212(f)
This is to inform you that a consular officer found you ineligible for an immigrant visa under Section 212(f) of the Immigration and Nationality Act, pursuant to Presidential Proclamation “Restricting the Entry of foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats”. Today’s decision cannot be appealed.
Taking into account the provisions of the Proclamation, a National Interest Exception (NIE) will not be granted in your case.”
I’m truly devastated. I was hoping the partial travel ban only applies to nonimmigrant visas. Could you please let us know what we can do in this case? Is there any hope to keep his case active and maybe if there’s change in the future he can try and schedule another interview?
My understanding was that the travel ban would not block people who had approved I-730 petitions (following to join a parent or spouse who received asylum or refugee status). I would have a lawyer look at the specifics of the case, as I am not sure what can be done and I think it would depend on the specifics of the situation. You might also reach out to a Congress person to see whether they can assist. You can find their contact info if you file the link under Resources called House of Representatives or Senate. Good luck, Jason
Hello Jason,
My asylum case was moved to court in 2022. Do I still need to make the yearly payment before September 30?
Thanks
I believe so. However, there is no way to pay the fee yet for pending cases. If you check the EOIR portal, it is only possible to pay the $100 for new filings. We are waiting for guidance about how people should pay the fee. Take care, Jason
Hi Jason, what does this statement indicate. I got my case status online with these words.
“ We reached a decision on your application. You should expect to receive the decision shortly. You must follow the instructions in your decision letter as to what to do next“
It sounds like you will be getting a decision in the mail soon, or maybe the asylum office will contact you and ask you to come to their office to pick up the decision. I would expect something within the next week or two. Good luck, Jason
Thank you for replaying, we didn’t receive the decision yet but we checked the EOIR page and found out our case is referred to court for master hearing. I need to know do we have to take my dependents (kids and spouse) to master hearing with me or not also have u heard anyone being detained at their master hearing by the ICE in New York. It’s kind of worried situation.
Everyone needs to attend the first Master Hearing. Usually, they will excuse young children from attending future hearings. In terms of detention, there are issues about people being detained in NY. Most of them seem to be people who entered unlawfully at the US-Mexico border, but I do not know all the details. I would recommend that you try to have a lawyer help you and attend the first hearing with you. A local lawyer will have a better idea about what is going on there and can advise you. Take care, Jason
Hi Jason, i applied for asylum in 2023 and ny case is with the USCIS. My mom has also a pending case with immigration court. We are confused if we should pay this annual fees of $100, and how. There are contradictory information on the web about this
For USCIS, they are supposed to contact people about payment. Whether that will happen, we shall see. If they do not contact people, I do not know how most people will pay, as there is no system in place to do that. If your asylum case was filed online, you can check the USCIS portal to see whether there is any info there. For court, there also does not seem to be a way to pay yet. The website for the court (epay.eoir.justice.gov/index) only seems to have an option to pay for an initial asylum application. I think at this point, we need to wait for clarification from USCIS and from the court. Take care, Jason
Hi Jason,
I have a question regarding fake arrest and police extortion. What I mean by fake arrest is police officers make it seems like they are arresting someone to later extort money from them, sometimes they even move the individual to another location to torture them or force them to pay or agree to pay for their release. This happen mostly to asylum seekers coming from lawless country or countries with high rate of corrupt police officers. Now, my question is….is this kind of arrest are considered as lawful arrest in the US? Especially when answering arrest or detain question in form or in interview.
If a person was arrested, whether it was a legitimate arrest or not, I think that needs to be reported on immigration forms. The person then needs to explain what happened and provide evidence if they have any. Take care, Jason
I mean, in my opinion, it feels intentional.
They still haven’t released anything regarding how to pay the $100 AAF…
I mean…is it possible that, they intentionally don’t explain how to pay $100 (and don’t provide a way) and then use this as an excuse (failure to pay) to terminate all pending asylum cases ?
The above scenario is mission impossible.
In mission possible scenario: They could release payment details last min before deadline, this will make so many people miss the deadline and their cases closed…
would such delaying tactics be held lawful ? It does feel intentional.
It is either intentional or incompetence, but certainly, they have not made the situation very clear. Take care, Jason
Hi Jason, I hope you are doing well, I just got an approval on my I-131 travel document and just wanted to know what is the validation of travel document for a green card holder and in case of a travel which documents I should have to be able to return? Thank you for your help in advance.
I am not sure what you mean, sorry. If you have a valid GC, you can use that to return to the US (as long as you are not outside the country for too long – and this varies; it could be 6 months or a year or something else). If you have a valid travel document, you can use that to return to the US. However, there are different types of travel documents. If you have a valid GC and travel document and you are only planning a short trip, you should be able to return without any problems unless you have criminal or immigration issues. Take care, Jason
Because I can think of many examples where the Supreme Court rebuke the Obama and Biden administrations.
But to this current administration and his previous administration. The Supreme Court is extremely deferential to him, to the point I feel that Supreme Court is employing a double standard…is there anything private citizens and noncitizens can do about this concerning observation ? Because it is very concerning.
Hi Jason,
I arrived in the U.S. 13 years ago on an H-1B visa, with my husband and daughter on H-4 visas. A week later, I found out I was pregnant. Due to severe complications in my first pregnancy, I decided not to work and never used the H-1B.
We considered returning home, but as it was unsafe, my husband applied for asylum. After seven years, we were granted asylum and later became green card holders. Now we are eligible for naturalization.
We have no red flags and both of us are high-income earners. My concern is whether not working under my H-1B could cause issues in the naturalization process, or if it’s better to wait until the current administration changes?
I am not sure I understand the question, as it sounds like you did not work using the H1b. If so, I think the only issue would be whether you got the H1b based on some type of fraud. It sounds like you have evidence that this was not the case (i.e., the complicated pregnancy) and if so, I do not think there is any issue here. However, as I am not sure I understand the question and I do not know all the facts of the case, you would do well to talk to a lawyer about the specifics to see whether there is any reason to delay filing. Take care, Jason
Thank you Jason,
There is no fraud. My first pregnancy was complex and a near death one. Therefore I decided not to work fearing that my second pregnancy would be similar. But I don’t have any documentation to prove that. I just didn’t use the H1b at all. We were novice when we landed 13 years ago and not sure whether I had to document that. My concerns now, with all the hostility we hear against immigrants, whether I have to provide an evidence that it wasn’t fraud. I have no evidence but the story of the fact of why I did not work.
Maybe you can get medical evidence, such as medical reports and bills, from the hospital or a letter from your doctor. You can also get letters from other people who know you, including maybe the H1b employer, who might know about the emergency that prevented you from working. I think the decision-maker is likely to accept what you are telling them, but the more evidence you can get to support your statement, the better. Take care, Jason
Good Evening Jason,
I have a quick question about The Annual Asylum Fee (AAF) $100. My case is pending with BIA for past 2 years. Do I pay the $100 online. I didn’t receive any Official request to pay from EOIR or my Attorney didn’t contact me to pay. I just came across an article online stating the dead line is by 10/30/2025 to pay the fee. Pls advise.
Sorry the deadline is 09/30/2025
I am very worried as well
It’s a good question and I have not seen anything about this. I am concerned that maybe the Administration’s plan is to try to dismiss cases where the person fails to pay. The I-589 web page seems to indicate that the only people who need to pay the annual fee are those who filed after October 1, 2024, but that is not clear from the Big Beautiful Bill that actually imposed the fee (I pasted the language from the USCIS web page below). The EOIR payment portal is only set up to collect the initial fee for an asylum application. In short, this is all very unclear and, as usual, the Administration is sowing confusion and fear. I suppose you can try to file the fee online and see what happens, but I do not know that this is even possible.
The language from the I-589 web page at http://www.uscis.gov is here:
Any alien who filed or files a Form I-589 after Oct. 1, 2024, that remains pending with USCIS for 365 days must pay the AAF as of the one-year anniversary of his or her filing date and each year thereafter that the application remains pending on such day of the calendar year. For the first time the AAF is due, aliens who file for asylum do not need to monitor the time their application has been pending and if the AAF applies to them. USCIS will issue personal notices to aliens when their annual asylum fee is due, which will include the amount of the fee, when it must be paid, how the fee must be paid, and the consequences of failing to pay. USCIS will provide guidance for future years’ AAF payments in subsequent issuances.
Take care, Jason
Thank you for the response Jason, I came across this article
https://www.charlesinternationallaw.com/annual-asylum-fee-obbbba-uscis-eoir-guidance
It’s honestly very confusing, possibly deliberately so. It does seem impossible to page the yearly fee for court cases, at least at this point, and for USCIS cases, it sounds like the Agency will notify people to pay. I expect that many people will not receive notifications or will not understand them, and this may end up as one big scam to prevent asylum seekers from continuing their applications. Take care, Jason
Assuming it does happen.
So INS dismisses all pending asylum cases who have been over a year on Oct 1st Wednesday for failure to pay $100 annual fee
What would be the immediate consequence ? Will the applicant be at risk of arrest and deportation ? Can they still work on their EAD ?
Just want to see your opinion and prepare.
It is really unclear how people will pay the fee and what will be the effect when the fee is not paid. I think we need more clarity about this. Whether we will receive that or not, we shall see. Take care, Jason
I understand it’s one of the standard answers people like to give.
But sometimes people need to operate with incomplete information (I actually remember you said that) and sometimes asylum advocates can approximate scenarios for people. I am sure that people will not be mad if you could guesstimate a little bit ? That’s more helpful than the wait and see approach because then I can evaluate the scenarios and make my decisions to prepare.
For this particular scenario, I would prefer if asylum advocates could guesstimate what could unfold. The admin could very well be intentionally withholding details regarding how to pay the AAF fee. If we wait for the govt agencies, then we may very well pass the deadline. And the admin could very well announce the dismissal of all pending asylum cases before they release details on how to pay the AAF. The risk of arrest or detention and revocation of work authorization could be imminent, well before more information is available. So based on this, I think it would be more helpful to use experience and historical precedents to gauge a few reasonable scenarios so that asylum seekers at least have something to refer to. And I am sure asylum seekers will not hold it against asylum advocates if later the advice turned out to be wrong as long as it’s not given with an intent to harm.
Your original comment may very well be saying you want a specific scenario.
So now I want people to stop “waiting for bad things to happen”.
So let’s just say, it’s the worst case scenario.
Govt is intentionally withholding information past 9/30 with the purpose of preventing asylum seekers from continuing their case. Okay let’s just assume that,so no uncertainty in this. So if this is the scenario we are taking about. ????starts to arrest and detain asylum seekers who have their asylum cases terminated, peoples EAD get revoked on oct 1st…in this very detailed, specific scenario, what should such an asylum seeker do ? If their EAD is revoked ( before it expires), can they still work ? Do they have to stop working ? Must they inform the employer ?
If they are arrested or detained, can they request a bond hearing ? And can they request a warrant if they are at home ?
Your guess on these points is as good as mine. Without actual information from the government, we do not know how to proceed. There are probably 4+ million pending asylum cases and so how the government will inform all these people seems an impossible task. If you feel you must take action, I suppose you can just write a check for $100 and send it to USCIS with a copy of the asylum receipt and tell them it is for the annual fee. The worst case, you lose your $100 and it does not work. For the record, I think it won’t work, but if you think the government is deliberately trying to trick people (and I would not completely rule that out), you can try that, or maybe think of something else. We are out of the realm where a lawyer can be helpful and into an area where we are just trying to outguess the Administration’s latest nastiness. Take care, Jason
Jason,
My case is with BIA. I applied for asylum in 2015 and denied in court last year.
After reading this post about annual fees , I went online on EOIR payment portal. I entered my A# but it won’t let me select my application type. Does it mean that I don’t have pay that $100 fees? Please advise. Thanks
I expect you will need to pay the fee, but the EOIR system is not yet set up to pay the annual fee. It only allows people to pay the initial fee. We have not really received any guidance from EOIR about this, and so at this point, it is unclear what to do, as there is no way to pay the fee. I think we will just need to wait for EOIR to tell people how to proceed. Take care, Jason
Jason, thank you for your support!
Please can you help how many month Virginia office pending asylum interview need to make a decision? We heard few weeks? If this more than few months, is it a good sign or no sign?
Thank you! Thank you!
Sometimes it takes a few weeks, but other times it takes months. It is common to have long waits, and I do not think that tell you anything good or bad about the outcome. You can inquire about the decision – I wrote about how to do that on March 30, 2022. Take care, Jason
My decision took 9 months from Arlington asylum Office, and the decision was approved! If you want to speed things up, try to go there on Thursday morning before 9am, they have a walk in service to inquire about your case status so that it can speed things up
The walk-in hours ended at Arlington a few months ago. Supposedly, they are creating a system to allow people to make an appointment, but I think that is not yet operational (and I have my doubts that it ever will be). Take care, Jason
I hope this message finds you well. As I prepare for my naturalization application, I would like to clarify my options in light of my past criminal history and ensure that we adopt the best possible strategy. In 2023, I had a case that resulted in deferred adjudication probation, which I successfully completed. My probation ended in December 2024, and the case was then dismissed. Three related charges that arose at the same time were also fully dismissed. To my knowledge, the official disposition is recorded as a dismissal after completion of probation.
My main concern is how USCIS will interpret this case when assessing good moral character. I would like your professional guidance on several points. First, does my deferred adjudication and later dismissal still count as a conviction for immigration purposes? Second, since this case did not involve violence or theft, is there a risk that USCIS will attempt to classify it as a crime involving moral turpitude, and how do officers usually approach such situations? Third, although my case was not formally labeled as domestic violence, it did arise in that context, and I wonder whether this might create any additional concern during review.
I would also like to better understand the timeline options. If I apply under the five-year rule in late 2025, the probation and dismissal will still be inside the statutory five-year good moral character period, which seems risky. By contrast, if I wait until 2029, the entire probation period will fall outside that five-year review window, which should be safer. At the same time, since my wife became a U.S. citizen in June 2023, I will qualify under the three-year rule beginning in June 2026. If I wait until January 2028, my probation would fall outside the three-year good moral character period, which appears to be a much stronger and earlier option. I would like your view on whether applying in 2028 under the three-year rule would be strategically preferable, or whether waiting until 2029 under the five-year rule would be more prudent.
I fully support your rights.
But I wonder, I am just wondering that, could some people who have bias regarding domestic violence or criminal or immigration in general, seeing that you are finding all kinds of legal loopholes to avoid consequences…could the adjudicators frown upon your attempt.
Because, to a lot of people, if you engaged in these conducts, you are as bad, even if you are not convicted. If you are assigned to an adjudicator who has such ingrained thoughts, the more you exercise your legal defense, the more the adjudicator will be against you. How to navigate the dynamics between asserting legal rights/defense vs triggering the adjudicator’s retaliatory instinct (I notice a lot of adjudicators don’t like to be challenged or called out or outsmarted) ?
@Jason, have you, in your EOIR cases, ever wondered, should I defend a client in full-force ? There some IJs out there that are incompetent and that are insecure, you are an asylum expert in the field. If some IJ feels threatened by your knowledge and experience, or feel outsmarted and ashamed, could they retaliate by using their discretion to basically deny your client’s relief to humiliate you ? since asylum is a discretionary relief, even if an asylum seeker is statutorily eligible for asylum, they can still be denied based on discretion and IJs I think have broad discretion in denying reliefs…
So whenever I see these “fighting for my rights” posts, I always wonder, could it really work ? could it make things even worse ? But I really don’t know, what do you think ? I want to fight for my rights because I deserve my full legal rights, but I am always afraid that by asserting my legal rights, I will trigger the opposing party’s retaliatory efforts that will make situation even worse.
I think it is rare that an adjudicator would let their ego get in the way of making the right decision, so I think this is not a concern. That said, I always try to be respectful and “fighting” for my clients’ rights does not mean being rude or combative. I suppose if one were inclined to disrespect an adjudicator, it could result in push back or even a negative decision, but that has never been my experience. Take care, Jason
https://www.uscis.gov/sites/default/files/err/L1%20-%20Legalization%20Application%20for%20Temporary%20Resident%20Status/Decisions_Issued_in_2008/Aug042008_11L1245.pdf
I think this decision supports the notion that the deferred adjudication can be viewed as a conviction, but I still think a lawyer needs to analyze the exact statute and see how it is treated under the immigration law. Take care, Jason
Criminal immigration is not my area of expertise, and so I think you need to talk to a lawyer before you apply and have the lawyer look at the statute and evaluate how the deferred adjudication will affect the case. I think the fact that the crime occurred in the context of a domestic situation is a red flag, as domestic violence is treated more seriously than many other crimes in immigration law (this is true for any crime involving violence and a domestic partner or intimate partner). Also, in terms of eligibility for citizenship, you can only apply after 3 years with a GC if you got the GC based on marriage to a US citizen. The person had to be a US citizen at the time you received the GC; if the person became a citizen later on, you would not be eligible to naturalize after 3 years with the GC. Finally, I do think a deferred adjudication will at least be considered a negative factor for good moral character, and so you will need to be careful about that. In short, you really need to talk to a lawyer and have the lawyer analyze the criminal record and evaluate when is the best time to apply, and also to determine whether additional evidence of good moral character is needed to counteract the negative factor. Take care, Jason
The statement that “you can only apply for naturalization after three years if your spouse was already a U.S. citizen at the time you received your green card” is not accurate under U.S. immigration law.
Under INA §319(a) (8 U.S.C. §1430(a)), a lawful permanent resident may apply for naturalization after three years if, during the three years immediately preceding the filing of the application, the applicant:
1. Has been living in marital union with a U.S. citizen spouse;
2. Whose spouse has been a U.S. citizen during that time; and
3. The applicant has been a lawful permanent resident for those three years.
Nowhere in the statute is there a requirement that the spouse must have been a U.S. citizen at the time the applicant received the green card. The critical requirement is that the spouse must have been a U.S. citizen for the entire three-year statutory period immediately before the naturalization filing date.
This interpretation is confirmed by the USCIS Policy Manual, Volume 12, Part G, Chapter 2 (INA 319(a)), which states:
“An applicant may qualify for naturalization based on his or her marriage to a U.S. citizen if, during the 3 years immediately preceding the filing of the application, the applicant has been living in marital union with a U.S. citizen spouse who has been a U.S. citizen during that time.”
Accordingly, a permanent resident who was married to a lawful permanent resident at the time of obtaining the green card, but whose spouse later naturalized, may still apply under the three-year rule—as long as the spouse has been a U.S. citizen for the entire three-year period preceding the filing and the couple has been living in marital union.
I had always understood the law to be that the person could only naturalize after three years if they got their GC based on marriage to a US citizen, but this looks correct. I will have to look at it more when I have time, as I did not know that. Thank you, Jason
Hi Jason,
I hope you are doing well. A friend of mine has been married to his spouse for over 20 years. His spouse was granted asylum and became a U.S. citizen three years ago. It has been almost four years since my friend received his green card.
Does he need to wait five years after receiving his green card to apply for citizenship, or is he eligible after three years through his spouse’s citizenship?
If he got the GC as a dependent of his wife’s asylum, he has to wait 5 years after the date on the GC. In that case, the GC should have been back-dated one year, so he should look at the date on the card (which may be one year earlier than he actually received the card itself). Assuming he is otherwise eligible, he can mail the application for citizenship, N-400, up to 90 days before the 5-year anniversary of his green card. Take care, Jason
My husband was granted asylum by immigration court, he filed I 730 form for me and my kids. We currently in the United States and have TPS, that will expire on November 21st, I also have a separate pending asylum case for me and my kids, my question is : Is it possible to expedite the approval of the I 730 petitions considering that my minor children could be at risk of removal during the waiting period?
It is difficult to do that, but you can try. I wrote about expediting in general on January 29, 2020 and maybe that would help. In addition, you can try asking your Congress person for help. You can find their contact info if you follow the links under Resources called House of Representatives and Senate. Take care, Jason
:
???? I WON MY ASYLUM CASE IN IMMIGRATION COURT AFTER 11 YEARS – THERE IS STILL HOPE ????
I wanted to share my breakthrough to give hope to anyone still in the long, painful process. After more than 11 years of waiting, stress, and family separation, I can finally say: my case was approved today in immigration court in Santa Ana,CA
My Immigration Journey Timeline:
June 2014: Arrived in the U.S. on a visitor visa
August 2014: Applied for asylum in Los Angeles(as a conversion religious case from Iran )
October 2014: Received a final denial
June 2015: Reapplied
March 2023: Filed a writ of mandamus after years of silence
April 2024: Finally had an interview
October 2024: First master hearing (Santa Ana Immigration Court)
April 2025: Second master hearing
September 2025: Individual hearing – APPROVED ????
I went through: Years of uncertainty, Living in fear during the Trump administration, Long periods of silence and no updates, Family separation and emotional hardship.
Filing a mandamus just to be heard.
And yet, today I can say: I made it.
???? To anyone still in the process:
I know how discouraging this system can be. I know what it’s like to go years without answers, to feel forgotten or hopeless. But don’t give up. Keep fighting. Keep pushing. Even when things look dark, there is still a light.
There is hope — even after years of delays. Even after denials. Even after silence.
Stay strong. ????????
Good for you, but we also have to realize that it’s quite possible that, after all these runaround…
A person could still be denied in immigration court, and BIA and federal circuit court…
So…you are one of the lucky ones…
Congratulations, i had same situation as yours same court from same country but i did applied 2016 and got approval last year, i really know your feeling and enjoy your times.
Congratulations on finally receiving the approval! And thank you for sharing the good news – it is needed these days more than ever. Take care, Jason
Congratulations, BarBenj and thanks for sharing.
Do you have any scoop on why all scheduled USCIS asylum interviews were just canceled?
Thanks,
@SHAMSSOLSUN, where did you get that scoop from? I cant find it anywhere on the net.
I’ve heard from around 30 people since Monday who had asylum interviews scheduled coming up that their current status on the USCIS website is “Interview being rescheduled.” And I don’t know of anyone who has one coming up that doesn’t say that. And I don’t know what the supposed reason is.
I have not heard about that, but if I do, I will try to post something here. Take care, Jason
Thanks. Today someone at the USCIS Atlanta Field Office said that all of the asylum officers were called back to Virginia and that all asylum interviews are canceled because of “the end of the fiscal year.”
I have never heard about that happening during any other fiscal year and so far, my asylum cases that are scheduled for early October are still going forward. Take care, Jason
Hi Jason,
Hope you are well,
For citizens of countries subject to a travel ban, does the ban override the Advance Parole document when returning to the U.S., or is it unaffected?
It’s a good question and I have not seen any examples about that, and so I do not know. I imagine that USCIS would still issue AP to people from banned countries, but whether that AP would allow them to re-enter the US, I do not know. I think the safer approach is to avoid travel until you can learn more – maybe you can hire a lawyer to research this question and see if there is any guidance, as I have not seen any, sorry. Take care, Jason
Hello, as a pending asylum applicant I want to apply for 1-140 with my wife and my son, please how much is the filling fee, will my wife and my son also pay the fee, or the fee is only applicable to me as the main applicant.
Regards.
David
An I-140 is a petition filed in an employment case and it is only filed for the principal applicant (not the dependents). If the I-140 is approved, and if the dependents are eligible and are inside the US, they would file form I-485 to adjust status (get their green card) in the US. Other forms may be required as well, depending on the case. You can find the fee for all the forms at http://www.uscis.gov. Take care, Jason
Hi.Sir im waiting for my interview.Asylum was filed in 2016 in NY.plz can you help me out which year interviews are going on.Is it safe if i apply for removal procedure in trumps period and for removal procedure is it compulsory the asylum case should be in court.Thank you.Really appreciate for your reply
I do not know what dates the NYC office is interviewing now. Most offices seem to be interviewing cases from 2015 to 2017, and so I would think you could get an interview soon. As far as I have observed, approval rates have not changed much at the asylum offices. However, we do not have any actual data, and so it is difficult to know (that is just my observation with my own cases). The NYC office is not a good office in terms of grant rates, but it is still possible to win there. I wrote about the NYC office on December 6, 2023 if you are interested. Take care, Jason
I always feel that pro-asylum lawyers like @Jason should abandon their individual asylum practice and join the govt force.
If you can become like chief judge of BIA or EOIR, or DHS secretary. The good changes you could make will be sweeping and fundamental.
To me, reading a blog that says another bad news happened just keeps reminding me that how asylum community is…kept outside of the system…and have no power when the system impose a strict rule…all we can do is to feel sad about how bad the polices are. I always wonder, if the asylum advocates community, can take over the EOIR and DHS…with their deep understanding of immigration laws and their pro-asylum tendency…asylum seekers will be greatly benefited…
I think it’s also necessary. Because if the asylum community is always outside the power system. Any change or improvementt secured will always be short lived
Somehow, the current Administration has not been knocking on my door to recruit me for a job. If that happens, I will let you know. Take care, Jason
Do you know what is the wait time asylum interview in nyc? Been waiting since 2022
Applied for asylum in 2018. Filed Mandamus in 2023. Interviewed in July 2025 at the Bethpage, NY office. Decision pending.
You would have to talk to a mandamus lawyer who does cases in NYC, but for a case filed in 2022, it is probably too soon to file a mandamus. Maybe it is possible in NYC, but in most jurisdictions, you would want to wait at least 4 years before filing a mandamus to be sure it will be effective. Take care, Jason
I don’t think anyone can give you a precise answer, but if it helps, I’m sharing my timeline with you. Applied for asylum in 2018. Filed Mandamus in 2023. Interviewed in July 2025 in NY. Decision pending.
There is no way to know that except by seeing who is being interviewed now, and I do not have enough cases in NY to have an idea. In other offices, USCIS is generally interviewing newest cases and also oldest cases, which are in the 2015 to 2017 range. Take care, Jason
Hi, Jason.
Just a quick question. I was granted asylum a year ago. My EAD expiration wa January 29 2025. I didn’t get a chance to file for renewal, neither filing for adjustment of status form(Green card) I’ve been running my own business, but recently thought I should find a job. I was offered a good to a company in my town, the HR requested for docs, I provided her the I-94 card, driver’s license, SS card and my expired EAD. She tried to run the e-verify it would accept my expired card. So my question is. Since USCIS has 540 automatic extension, am I eligible even if I file after expiration? Secondly, Is there no application fee for someone granted asylum and filing for EAD under the asylee status or I also have to pay the $550. Thanks.
Technically, if you’ve been granted asylum status, you do not need an EAD card. One thing I’ve heard people are recommended to do is to remove restrictions from their SSN card, so you can go to the SSA office near you and present them with the notice granting you asylum.
Once the restriction is removed, you can just present the new SSN card to your employer, and they should not ask for EAD then
An asylee is eligible to work even without an EAD (see https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/73-refugees-and-asylees). The issue is that many employers do not understand that. For the 540-day extension, that only applies if you file before the old card expires and in the same category. Your old EAD card was probably under c-8 (asylum pending), but your new card would be under a-5 (asylum granted), so you would not qualify for the automatic extension. The initial a-5 EAD is still free; there is no Additional Fee. Take care, Jason
Hi Jason
Thanks for the post. I feel I need to understand what Justice Kavanaugh means by a brief encounter. In reality, none of these encounters are friendly in nature. Most of them are quite violent. Just a couple of days ago, an 80-year-old citizen was jumped by masked ICE men and ended up in a hospital. So yeah, he was technically “let go” but could have died. As a Korean who became a US citizen nine years ago, this really bothers me. The Georgia incident about Koreans is just an example.
I think it is easy for J. Kavanaugh to dismiss these encounters as brief or harmless in the abstract. But when you get to specifics (as J. Sotomayor did), it is much more difficult. Even an actual “brief” encounter is frightening for the person who is questioned. Maybe when and if this case reaches the merits, there will be more evidence about how people are treated, which may get a better outcome, but I can’t say I am optimistic. Take care, Jason
Thank you for all of the good work you are doing, god bless you!
My question is I’m eligible to apply for citizenship next year through derivative asylum. Last year I went back to my home country as my godfather passed away to see him last time. Me and my husband are from the same country. I have good moral character, can get all the letters needed from my employer, neighbor and social volunteer work doing in my community. Do you think my citizenship application will have any issue?
I doubt you will have any issues, as it was not your asylum case and they normally do not look at dependents. That said, if your husband’s case indicated they you are also in danger, you could be asked about that (USCIS has said they will give extra scrutiny to asylee GC cases, but we have not seen how that will be working in practice yet). So if that is your case, you should be prepared to explain why you returned and how you stayed safe. Take care, Jason
No one knows back home in my family that I am married in same sex relationship, hiding it from everyone.
Has USCIS said that they would scrutinize asylee cases for what application? I-485 or N-400?
For the I-485. I wrote about that on August 6, 2025. I expect they will look closely at N-400 applications too, as they have generally always done that. Take care, Jason
Hi Jason,
My question is Will US citizen also will be in trouble when they visit home country and returning back to US. But the visit is for my kids treatment. He’s having Autism level 3 and I m planning to do stem cell therapy in my home country. Why im not doing in US because it’s more expensive compared to my home country. Please suggest me your thoughts.
It is very unlikely you would have any trouble. I have never heard about a US citizen who was a former asylee have problems for returning to the home country. That said, it is legally possible that if the US government concludes that your old asylum case was fake, they could try to take away your status, and so it would not hurt to be able to explain why you went there and how you were able to go there safely, just in case you are asked. Again, I think this is all very unlikely, but there is no harm in being able to explain if you are asked, and hopefully, that will end any inquiry from the US government into the travel or your status. Take care, Jason
Hi Jason,
Thank you for your recent article. I had a quick question regarding something you mentioned. If I understood correctly, you noted that individuals who entered the U.S. legally on a visa are now less likely to face detention.
With that in mind, how do you view the chances of approval for an Afghan asylum applicants in VA who filed in 2018 and had their interview in February 2023? I’m curious how current policy trends might affect such cases.
Appreciate your insight, and thanks again for your work.
I just think that if the government is now required to detain everyone who entered without a visa, there will be no room to detain others. For the most part, Afghan cases are very strong cases, as the Taliban control the country, and evidence about Afghanistan indicates that the Taliban and other terrorists persecute and kill people who they view as opponents and infidels. It has been a while since your interview, and so you may want to inquire about the status of the case – I wrote about that on March 30, 2022. Take care, Jason