Perhaps you’ve heard about the Trump Administration’s plan to appoint 600 Temporary Immigration Judges to help address the 3.5-million case backlog in Immigration Court. As far as we know, all the new judges will be U.S. military lawyers from the Judge Advocate General’s corps.
To facilitate these appointments, EOIR–the Executive Office for Immigration Review, the office that oversees our country’s Immigration Courts–has substantially relaxed the requirements to serve as an Immigration Judge (IJ), and now, IJs do not need any experience with the immigration law to become a judge. The new appointments come on the heels of mass terminations at EOIR, which saw about 120 of the nation’s 700 IJs terminated or “voluntarily” retired.
What to expect from the new judges? Will they be Trump’s willing executioners, denying cases as fast as they can docket them? Or will they be more fair, enforcing the law regardless of their political bosses’ preference? EOIR recently announced the first class of Temporary Immigration Judges (TIJs) and here, we’ll look at their backgrounds to see what this might portend for their judgeships.
Before we get to the TIJs, let’s talk a bit about why the Administration is firing experienced IJs and hiring temporary judges in their place.
The firing part is easy enough to understand. Judges appointed during the Biden Administration or who have experience representing non-citizens are being fired. Presumably, EOIR leadership views these judges as insufficiently aligned with the Administration’s restrictionist goals.
But why hire temps? One explanation can be found in the Big Beautiful Bill, which was passed into law last summer. That piece of legislation caps the number of IJs at 800 starting on November 1, 2028. Prior to that time, there are no restrictions on IJ numbers, and so EOIR could employ more judges to deal with the Immigration Court backlog. Once the backlog is resolved (by November 2028?), the agency will be restricted to 800 or fewer IJs. So if the plan is to hire 600 additional judges, bringing the total well over 1100, it makes sense to hire “temps,” since EOIR would need to reduce the number of IJs to less than 800 by late 2028.
A more nefarious explanation might be that temporary judges are easier to control. If a TIJ fails to deny enough cases, EOIR could decline to extend that person’s judgeship. Also, I can’t help but wonder whether a TIJ who is “soft” on immigrants might face consequences in their military career. In short, there is a danger that the temporary nature of the appointment could create an incentive to please the boss by denying more cases.
Turning to the new TIJs, we can learn a few things from the first batch of 25 judges, who started hearing cases last month. All the TIJs are military officers and they come from different branches of the service: Air Force, Navy, Marines, and Army.
Only five of the 25 new TIJs (or 20%) are women. Compare that to the “regular” IJ corp, where women represented about 44% of all Immigration Judges (prior to the recent mass firings). Perhaps one reason for hiring more men is that male judges tend to deny more asylum cases than female judges. Data from TRAC Immigration shows that male IJs denied 63% of asylum cases, while female IJs denied 55% of asylum cases.
Eleven TIJs have experience as prosecutors, either with the military or as civilians working at the federal or state level. Eight of the new TIJs worked as defenders, representing people accused of crimes. Notably, one new TIJ was a defense counsel in the high-profile case of Bowe Bergdahl, an Army officer who was captured by terrorists in Afghanistan and held for five years. After his release, he plead guilty to “desertion and misbehavior before the enemy.” Then-candidate Trump disparaged Sgt. Bergdahl as a “very bad person,” and so the fact that his defense attorney received a TIJ position gives me some hope that the selection process was not overtly political. (As an aside, Sgt. Bergdahl’s sentence was eventually voided due to the apparent bias of the sentencing judge who, it turned out, had a pending job application with the Trump Administration–as an immigration judge).
Only two of the 25 TIJs have any experience with the immigration law. While it seems a bit odd that people with no substantive experience in an area of law can serve as judges, that is not terribly different from what other judges do–they learn the law for the case in front of them. If the TIJs put in the effort and approach the immigration law with humility, there is no reason why they can’t overcome their inexperience.
Despite the ill intention of the Trump Administration, I still have hope that the new TIJs will take their jobs seriously and apply the law objectively. If so, the Administration’s scheme to fast track deportations might not work out exactly as planned.
Hello Jason,
Hope you have been doing well as I have been doing. Kindly requesting if you can guide me on the annual asylum fee. The $100 annual asylum fee. Am I supposed to pay the fee even without receiving the annual asylum fee notice from an Immigration Court. I always appreciate your gracious feedback.
If the case is in Immigration Court, you pay the fee here: epay.eoir.justice.gov/ (if the case is with USCIS, there is a different way to pay). It is best to wait for the court to notify you about the fee; otherwise, you could end up paying twice. However, if you don’t mind that risk of paying twice, and would rather just pay, you can do that and then submit the proof of payment to the court. Take care, Jason
Hello Jason,
As always I appreciate for the advice and guidance you accord. Wanted to be enlightened about changing the venue of the court and address. Is it possible to just change the Venue of an Immigration case in a Court? Let’s say I want to just change the Venue of my asylum case from one Court in a State to another State and don’t affect my physical address. Is it possible to do that? Your kind response. Thank you.
The only way to change venue is if you move to a new location. Each court has jurisdiction over its local area, and as long as you remain that same area, your case will remain with that particular court. The one exception is that sometimes the court is initially scheduled in an area where you do not currently live. If that happens, you can ask to change venue to your local court. Take care, Jason
Hello Mr. Jason,
I was a victim of fraud in my asylum applications. I had to file a formal complaint against an attorney to the Office of Lawyers Professional Responsiblity and Office of the AG along with other victims and I happened to be the group leader. He screwed up everything, unprofessional with his work, threatened some of us that we could get deported. After 2 years of formal complaint against that specific attorney we won and got our refunds back. Though they did a thorough investigation.
Went ahead and hired another attorney within the same State but not satisfied with the Firm’s service. I lost faith in her Office. I planned of representing myself in an Immigration Court since I had prior bad experiences with attorneys.
Your advice will be highly appreciated. Thank you.
It has always been difficult to represent yourself in court, and now things are getting much worse, and so I recommend that you try to find a lawyer who is trustworthy and will try their best – there are many such lawyers out there. Otherwise, I did a post on September 25, 2019 about the court process and maybe that will help. There are many rules in terms of submitting evidence, and you would want to follow those as best as possible (some rules are in the Immigration Court Practice Manual, http://www.justice.gov/eoir/reference-materials/ic, and other rules are set by the judge). Maybe also see if you can at least get a consultation with a lawyer to try to get an idea if there are weak points or problems with the case that you need to address. Take care, Jason
Thank you @ Mr. Jason for your great adivce. Greatly appreciated. Another quiz, how about moving an asylum case from one Immigration Court to another? , that is, from one State to another at this time. Does it raise eyebrows? If I move my case from State to State. Awaiting your response. Thank you once again.
You have to physically move and then change your address with the court (using form EOIR-33). You can also file a motion to change venue to the new location. It can work, but is probably less likely to work if you are close to your individual hearing. If you are still waiting for the master calendar hearing, changing courts is usually easier. Take care, Jason
Good evening Jason,
First of all, thank you so much for all the information that you share, it is greatly appreciated! Secondly, I wanted to ask you if you have any suggestions on where I could find an interpreter for an asylum interview. I have a friend that has been looking all over the place, but had not have any good luck. Any recommendations would be greatly appreciated! Thank you again!
Oops. forgot to mention. He has his interview in Arlington, VA. Thank you!
I don’t have a specific recommendation, but there are interpretation services you should be able to find online. Also, remember that anyone who speaks English and the language fluently can serve as an interpreter. So it could be a friend or family member (though it should not be a very close family member, as that will seem like a conflict of interest). If the friend uses a non-professional, I did a blog post on January 24, 2024 with some advice about how to serve as an interpreter at an asylum interview, and maybe that would be helpful. Take care, Jason
Hi Jason, recently I see the article in the news the new memo administration signed to reinterview the refugees. I am green card holder. My asylum case got approved in 2023 June. I got my GC in March 2025. What you think this new memo gonna affect people like me. My case was approved from immigration court but got denied from the asylum office. I entered the country legally.
I saw the article, but I have not seen the memo, and as far as I know, this policy is not yet in effect. Based on what I read, USCIS will be re-interviewing refugees who arrived in the U.S. during President Biden’s term, and this will not affect asylees or people who have a GC based on asylum. We will have to wait to see what the policy actually is, once it is implemented, but based on what I read, someone in your situation would not be affected. Take care, Jason
Hi Jason,
I’m trying to expedite my pending case, I contact the uscis Emma, they were supposed to call me or email me, but that didn’t happen. I read on the website that for Asylum cases we should contact the asylum office directly to request expedite. Does this mean I mail my request to them? I know you had a article about it, but the process has changed recently. If I were to mail it, should it be to the director of the office?
Hello Jason,
I entered the United States legally and have had a pending affirmative asylum case since 2019. I also have an approved EB-2 petition. Today, I received a Notice to Appear for immigration court, and I am very concerned about what this means for my situation. I am seeking guidance and advice on the best next steps.
You can email them to ask. You can find their email if you follow the link under Resources called Asylum Office Locator. I last wrote about expediting on March 30, 2022, and the process has not changed since that time. However, I do think it is more difficult to expedite these days, and it may be necessary to file a mandamus lawsuit. Anyway, you can try to expedite and if that does not work, then you can try the mandamus. Take care, Jason
Hi jason. Did you hear the story on Reuters the other about the Refugees. Trump admin are reinterviewing all those refugees who came here under biden from 2021 to 2025 and may deny or delay their green cards and have placed hold on the green cards.
The order would apply to about 233,000 refugees who entered between January 20, 2021 and February 20, 2025, according to the memo signed by U.S. Citizenship and Immigration Services Director Joe Edlow. It also orders a halt to all processing of applications for permanent residence for refugees who entered under Biden.
What do you think of the outcome of this memo and how it would affect those refugees who have applied for status of green cards and are waiting. What happens if they deny their status and cancel their green cards?
Hi ,
could please tell me if yesterday memo effects asylee applied 2014 have approved on oct 2021 by judge in immigration court or only refugees
and I applied to green card 2022 and still pending ????
????
thanks in advance
best
We don’t yet know if this policy will go into effect, but as I understand the situation, it is only for refugees who entered the US during President Biden’s term. Take care, Jason
I have seen the article. The problem is that since USCIS is not actually telling us anything, we don’t really know for sure. I would not be surprised if it is true, and if so, we will have to see who interviews all these people (asylum officers? USCIS officers?) and how intensive those interviews are. Also, I wonder what evidence exists to justify such a move? Are some of these people a threat? I doubt it. Probably it is more of the same – harming immigrants to get them to leave. Only most of these people would have no where to leave to. Anyway, we will have to wait for more info to see how this works, or if it is implemented. Take care, Jason
Mr. Jason
I have been following you since I was an asylum seeker and now I’m at the end of my journey. I had my citizenship interview more than a month ago, to my surprise, the officer asked me again about my asylum case, it was only a couple of questions, then told me a decision cannot be made. I left and only after 3 hours I got an update that I am in line for an oath ceremony, however, it has been more than a month of waiting, does that mean I’m stuck in background check? Or that USCIS may change their mind and I still don’t have an approval? I’m really confused and scared.
A delay of that length is not really unusual, and I don’t think there is anything to do at this point. It may just be that there are not many oath ceremonies in your location and so there is a delay. I would give them a bit more time, but maybe if there is nothing by January, you can try calling to ask (800-375-5283). It is not easy to reach a human being, but if you can, they might give you an idea. Anyway, hopefully, you will get scheduled for the oath ceremony before then. Take care, Jason
Hello sir,
My nephew is being held by ICE. He came through the US Mexico border but his file was never sent to an immigration court and he applied with USCIS.
Anyhow ye was called in for an interview in the detention last week, which I suspect was a credible fear interview, and today he was told the result was negative. They asked him if he wanted to see a judge, and he said yes.
He was told that next week they’ll give him a paper to sign and then take him or schudule him to see a judge, but I’m a bit confused about the process. If the interview was negative, I’m not sure why they would still refer him to a judge, and I’m wondering how significant this negatuve interview is for his overall case with the judge.
Also. If there’s a way to get a copy of this interview transcript or result.
Thanks a lot for this valuable resource
If a credible fear interview is negative, you can ask for a judge to review that, though you would not normally see the judge as part of that process. In this case, I am not sure what is happening. If he did have a negative CFI and if the judge upholds that finding, he can be removed immediately from the U.S. It may not be possible to remove him, depending on his country, in which case, he might remain detained while they try to deport him. If they cannot deport him after 6 months, he should be released, as long as he is not a danger to the community. I do not know how to get a copy of the interview on such short notice, though sometimes, the interviewing officers gives a copy to the asylum seeker. If that did not happen, he can try a Freedom of Information Act request – there is a link under Resources called FOIA USCIS, but that may take a few months. Take care, Jason
Hi Jason. If someone apply for adjustment 3 month ago and then realized that additional documents are needed. Is it ok to submit them after the case has been pending for 3 months? Or should someone wait for interview to submit them? What if there is no interview?
You can submit them through the USCIS portal or you can mail them to the last USCIS address that sent you mail. You should also be bring copies (and originals too) to your interview (most people will have an interview). Take care, Jason
Hi Jason. I was in removal proceedings the I married my US spouse. I 130 was submitted within a month of our marriage and got approved in less than a year.Then my Court Case was terminated. And I filed I485 with USCIS. Interview was a little after our second year anniversary. They gave me a 10 years green card. I was under the impression that I will get a conditional green card since I was in removal before and the I 130 was approved less than two years. Or is it only based on the I 485 approval date( after 2 years of marriage).
I’m a little confused and afraid that they issued me the permanent card instead of the conventional one.
Thank you
My understanding is that if the GC is issued 2+ years after your marriage, you get a 10-year card, regardless of whether the case was in court or the USCIS, or both. And so I think it is correct that they issued the 10-year card in your case. Take care, Jason
Did they ask you about asylum case or any question from your asylum case?
Hi Jason, I’ve heard of cases where ICE started detaining people during their green card or asylum interviews. My understanding is that ICE can only detain someone if they have a basis to believe the person is a flight risk. Doesn’t that mean they should be required to show why they consider someone who is actively going through a legal process to be a flight risk? Why isn’t this practice being challenged in court? Have you heard anyone being detained during asylum interview?
The only people I have heard about being detained under these circumstances is people who have criminal issues or people who entered without a visa at the Southern border. These groups are subject to detention, at least under current rules from the Trump Administration. Many of these detentions (and the rules in general) are being challenged in court, with mixed results. It may be that people who entered with parole are also subject to detention. In some cases, people who are detained are eligible for release on bond, and in other cases, they are not. If an asylum seeker who entered with a visa is detained, that person would generally be eligible for release on a bond, assuming no criminal issues. Take care, Jason
Hi Jason,
Seems like the trump administration is in the process of labeling the Muslim brotherhood as a terrorist organization. I wrote in my asylum form i was part of it. But it was just a spiritual mosque community that has nothing to do with Hamas or any other extrimist group, and I was under 18 at the time and I was forced by family to attend those spirtual lectures. I was granted asylum a year ago but green card is being processed. Should ai be worried they might take my asylum away or reject my green card application? Is it safe for me to travel using my refugee travel document?
Thank you
I think it is safe to travel with the RTD, though I suppose that may change if the Muslim Brotherhood gets labeled as a terrorist group and you were a member. I would keep an eye on that, but for now, it should be ok to travel. In terms of getting the green card, that could be affected, as they are doing additional vetting. If you have evidence about the mosque you attended and your activities, maybe collect that so you can submit it if needed. Otherwise, I think there is not much you can do until you see if USCIS has additional questions for you. Take care, Jason
Hi Jason. I recently applied for my adjustment of status. As an refugee in US i only have used medcaid which i am eligible and never used other benefits since my arrivals. I recently saw some USCIS rule or draft that anyone who have used benefits might face some difficulties in getting their green cards. So, do you think only getting medicaid would affect my green card application? Tough the law allow refugees who arrive here all benefits including medicaid. And also this travel country ban list for those who get their green cards, do you think it would also affect refugees who are already vetted outside US for years and properly settled? Your thoughts?
The public charge rules do not apply to refugees, and so I think using Medicaid should have no effect. As for the travel ban, there are rumors about that, and I plan to post what I know in a few days. In short, people from travel ban countries who apply for a Green Card could be delayed or possibly denied, though whether refugees and asylees who have already been vetted will be affected, we do not yet know. Take care, Jason
Thanks Jason. I have applied for RTD along with I-485. What do you think which one will be approved sooner? And also, do the law allow them to block refugees from getting their green card even they are vetted and their cases are processed in third country before they enter to US. I have no Idea what this administration is doing but previous administration made promise to us that we will be getting our green cards upon completion of one year.
Do you think that they will deny refugees from getting their card? thanks again Jason for your kind support.
You can check the processing time for both applications at http://www.uscis.gov. Probably the RTD takes around a year or a bit longer, and the GC probably takes 1.5 years or longer. People from travel ban countries are being targeted for additional delay or denial of the GC, but it is not clear whether this applies to refugees or asylees. I plan to write about this later in the week if you want to check back. Take care, Jason
Hi Jason,
There is no evidence about targeting a green card of travel ban countries other than what was reported in The New York Times, and all other news outlets are referring back to The New York Times as their source. Also, if anything happens, there is a possibility that exceptions will be made for asylees and refugees because they have already undergone background checks by DHS and received an I-94 based on their grants. Aside from that, there is no additional information, and nothing has been mentioned by USCIS.
You said you were going to write about this, but there is no substantial information indicating that this is going to happen. And even if it does, it is likely that there would be exceptions for asylees and refugees. Also, it would likely be challenged, because it is considered discrimination based on country of origin—something that is not within the applicant’s control.
I will post about it later this week. My information also comes from the NY Times, as well as from conversations with Asylum Officers. But there is still a lot we do not know, and we will have to wait to see what (if anything) USCIS does before we really know what is going on. Take care, Jason
Hey Jason,
I noticed a comment on your site a couple of weeks back about someone who went back to their home country twice after becoming a US citizen through asylum. You mentioned hearing about the denaturalization plan from this administration, but I’ve never seen it actually happen to anyone! Just to clarify, neither Trump, USCIS, nor the administration can strip someone of their citizenship. There are tons of people who get their US passports and then travel back to their home countries because situations change! The political climate can shift dramatically over 10 years or more, which is how long it can take to become a US citizen through asylum! The most DHS can do is refer someone to a federal judge, who has the final say—not the current administration or Trump himself. Plus, returning to your home country as a US citizen is never a valid reason to accuse someone of fraud! USCIS can’t prove that either, because in legal matters, it’s all about evidence, not feelings. They need solid proof of fraud, and just going home isn’t enough to accuse someone! The cases we see getting denaturalized usually involve people with serious felonies, like child sexual assault or murder, who didn’t disclose that on their N-400 application before becoming citizens! But for someone who became a US citizen through asylum and visits their home country after 10-15 years, that’s not fraud and never will be. Even if DHS suspects fraud, they can’t prove it. In the end, the law in this country is based on evidence, not emotions. i think you are aware of that!!! so yeah, US citizens can visit their homelands as long as there is no harm on their lives.
While I agree that such cases have not happened before (where the government began de-naturalization proceedings based solely on a return trip to the country of origin for a former asylee), the current Administration is trying many different avenues to attack asylum seekers, asylees, and immigrants. While I think the return trip alone would not be enough to de-naturalize someone, it could raise suspicions that cause a person’s old case to be re-examined, and if there was a fraud (or a perception of fraud), that potentially could come to light. So while I think it is very unlikely, I do not think it is impossible. I have not advised my naturalized asylum seeker clients to avoid returning home. What I have advised is that they should be prepared to explain why they traveled home and how they stayed safe. The idea is that the explanation will satisfy whoever is inquiring, and that will help avoid any further investigation. I think it is very easy to take a few minutes to think about this issue after returning from a trip abroad, so former asylum seekers are prepared, just in case anyone asks about the travel. Take care, Jason
So, they’re gonna have to look over millions of cases because a lot of US citizens who got asylum go back to their home countries to see their families they haven’t seen in 10-15 years! Especially since governments change, and there are plenty of ways to show that the danger that existed 12 years ago isn’t there anymore. Plus, let’s not forget that this time, the person is going back as a US citizen, protected by the US. We’re in a country governed by law, and the DHS and USCIS can feel however they want, but if there’s no solid evidence to present to a federal judge why they think there is a fraud, it’s definitely a lost cause. Also, the DHS doesn’t have the resources or personnel to focus solely on US citizens who just visited their home country after 12-15 years! I was watching a livestream two weeks ago featuring a well-known attorney from California who discussed this issue. He mentioned that when people apply for asylum, there’s nothing in the paperwork that says you can’t visit your home country ever again or that you’ll give up your original citizenship! He also advised green card holders not to visit, but as a US citizen, you can go wherever you want! It’s definitely wise to be prepared to explain how you stayed safe and why you don’t have any issues with the government anymore, but all those questions are pretty standard and will never land you in court just because a US citizen visited their home country after seeking asylum and protection 12-15 years ago. And most likely no one ever get asked these questions when coming back to US though! we are just expecting worst case scenario.
Again, I think it is very unlikely that such a person would have a problem, but it is so easy to prepare yourself to answer any questions that come up, that I see no reason why any former asylee would not be prepared to answer questions. If they can answer any questions, it could end the inquiry. Given the vicious nature of the current Administration, I think it is much better to prepare for the worst, just in case. I do not think people should avoid travel to the home country; I just think they should be able to explain that travel if asked. Take care, Jason
i got your point!!! God bless you jason for helping immigrants in these tough times
Right ?
I feel a lot of asylum advocates tend to use non-definitive adjective or adverbs/phrases to describe things. Is it mostly to CYA ?
Dear Jason,
Can one apply COR after Master Hearing and closer to the individual hearing? Can we mention this to judge that I am planning to apply COR for my spouse to judge at Master hearing . Really appreciate you reply asap
That depends on the judge. Some judges give deadlines for when you can file an application for relief. If you mention that you plan to file for Cancellation, the judge may give you a deadline (like 30 days or 60 days) to get the application filed. I think if you plan to file for COR, maybe you are better off just getting it filed, so the judge can see that you filed and can set an Individual Hearing. Take care, Jason
Considering the amount of documents that goes into I-485 form, does it make sense to create a table of content to make sure that package is properly organized & USCIS officer knows where to find documents/cover letters?
I’m asking since my asylum case checks quite a number of part 9 questions that I need to provide cover letters & proofs to explain.
You can do that. I always list each document on the cover page, so the officer can see it and know what is in the packet. Take care, Jason
Hello Attorney Jason,
I hope you and your family are doing well and getting ready for thanksgiving?
I was persecuted in my home country and was able to escape thanks to an tourist visa which I had before. My wife also had a tourist visa and was able to escape. We have a US son who is 12 right now. I applied for Asylum in 2018 with my wife as a derivative on my case. My Asylum is still pending. The Biden Administration designated my home country for TPS and the Trump administration ended it in August of this year. My wife and I applied for TPS and were granted it. The political situation in my country is not getting any better. When they were searching for me back home, my wife received anonymous calls asking for my whereabouts though they later on stopped calling her and strange people kept passing through out home. Given that the political situation in my home country has worsened and I have been continuing my activism online, I think that if my wife goes back home she will be persecuted . My question is, can she apply for her own asylum case now given that things are worsening in my country? The US Senate Committee recently wrote about how bad the situation is and the deteriorating human rights conditions there. Please do advice if my wife can be eligible to apply for asylum considering the one Year bar. Thanks so much in advance for your support.
If your wife is a dependent on your case, I do not know that there is a benefit to having her apply for asylum. She will have to apply at the Asylum Vetting Center (or whatever they call that office now), and it is unlikely she would get a faster interview than you. Also, if she did get an interview first, they may make you withdraw your own case, which sounds like it is probably the better case. If you are referred to court, it does make sense for her to file her own I-589, as you can both present your cases there. But at the asylum office, I do not think there is a benefit. If she does want to move forward, she and you may want to talk to a lawyer about the specifics to evaluate the strength of her case compared to your case, as I would not want her to get an interview first if her cases is not very strong. Take care, Jason
Hello Jason,
I wanna submit my application for green card as a refugee. My I-94 has some error. Admission date for refugees should be D/S but instead on the I-94 it is written one year. Do you think it will create any issue for my application for the green card. Everything else is fine. Thanks so much.
I don’t know if that is an error. You may have been paroled in as a refugee and that is the date they put, though you are correct that your status does not end (unless you commit a crime or leave the US). I doubt that will be an issue and I think you can apply normally. Take care, Jason
So should i contact them to correct the I-94 or leave it as it is? And if i do not change the error do you think that it will create any problem for me in terms of refugee status in US? And I have applied for my application today. Lets see how it goes.
I do not know whether you can correct it, and I don’t see how it will make much difference to your GC application. I guess you can try contacting USCIS to ask (maybe try calling them at 800-375-5283) and see if they can make a change, but I would not delay filing the I-485. If USCIS sends you a letter requesting more info, you can try to answer their questions at that time (with additional evidence, if USCIS has sent you anything by then), but I highly doubt this would be an issue. Take care, Jason
https://www.ndtv.com/world-news/us-president-donald-trump-may-cut-green-card-access-for-travel-ban-nationals-what-does-it-mean-9644064/amp/1
This is absurd! Is there a chance it will be challenge in court if it actually gets drafted and finalized? Maybe USCIS is lowkey implementing that already.
My friends and i and who ever i know we are from one of the ban country and none of us has been received our green card thru asylum one of us waiting almost two years and half I personally waiting 16 months, if this implements how will effect us?, how long the can hold our green card application pending? Is not against the law?? We were waiting more than 10 years for approval and then how long more we have to wait to get green card?, i assume three more years as least, its so sad.
It is pretty awful, but we will have to see what happens. It may just create a higher standard to get the GC (which is stupid, but may not be difficult to overcome). I do expect that we will see delay for most immigrant applications, as the Trump Administration is focused on fraud and is convinced (or pretends to be convinced) that non-citizens are a security threat. Take care, Jason
I think it will face a court challenge. However, the Supreme Court has been very deferential to the President on immigration and so whether that challenge will work is an open question. It is truly outrageous that people who fled from harm and need help are being treated like criminals. Take care, Jason
This as a situation where “the evil is too strong” vs “the good is not doing enough”
Because I sometimes feel asylum community’s detractors seem to have a lot of power and always get their way….
Why can’t this be the case for the asylum community ? I feel that, in terms of power, it seems the asylum community is always, much weaker than their detractors…do you think it’s fair for me to say that ? And is there anything we could do to change that so that the asylum community has a little more power so that their detractors and adversaries won’t be so unbridled
Millions of asylum seekers have gotten to the US in the last several years (and are still here), so I think the asylum opponents might see themselves as on the losing side. Take care, Jason
I entered the United States legally and have had a pending affirmative asylum case since 2019. I also have an approved EB-2 petition. Today, I received a Notice to Appear for immigration court, and I am very concerned about what this means for my situation. I am seeking guidance and advice on the best next steps.
I am not sure why your case would be sent to court if you have a pending asylum application. USCIS is trying to get rid of cases, and they are doing that by reviewing the cases to determine whether they have jurisdiction. In some cases, where the person entered without a visa or with certain types of visas, they may be concluding that they have no jurisdiction and they then refer the case to court. In some instances, this seems to be happening in error, but I am not sure whether it can be fixed, or whether those people just need to now pursue their asylum in court. I think you should talk to a lawyer to determine why the case was sent to court and what is the best way to proceed now (for what it’s worth, I doubt the EB-2 will help you in this situation, as you probably need to leave the US to consular process the green card; maybe there is an exception to that rule or a way to do this, and you can ask the lawyer about that too). Take care, Jason
Dear Jayson,
I hope you are doing well. I am an international student currently residing in the United States, and I am seeking your professional guidance regarding my long-term immigration options.
I would like to understand whether applying for asylum may be an appropriate path for me. I have been in the U.S. for nearly one year on a student visa, but it has become increasingly difficult to continue my studies full-time. In addition, conditions in my home country have severely worsened there is ongoing conflict, and individuals from my ethnic group are being targeted. Because of this, returning home would pose a serious risk to my safety.
I am also unsure whether the fact that I entered the U.S. for educational purposes, but am now considering asylum, could negatively affect my application. Before taking any steps, I would appreciate your clarification on whether my circumstances may qualify and how the process typically works.
Thank you in advance for your time and assistance. I look forward to your guidance.
If you plan to file for asylum, it is best to do that within one year of arriving. Otherwise, the case could be denied as filed too late. There are exceptions to this rule (including being a full-time in-status student). However, it is better to file within one year if possible. Cases these days are moving pretty quickly, and so you should make sure to gather all your evidence and be ready for the interview as soon as possible, as you might get an interview withing a few months of filing. I have even heard about some people getting interviews within a few weeks of filing. Otherwise, you may at least want to talk to a lawyer about your situation to evaluate whether you have a strong case or not, as you may not want to look for alternatives if there is a low chance for success on the asylum claim. Take care, Jason
Hi Jason,
My status has been stuck with oath ceremony will be scheduled for over a month now, to my surprise uscis online chat agent told me it does not mean any approval. Have you witnessed people stuck with that phase for background checks especially because they were asylees? Thank you.
I have not seen that, though in some places, it takes a couple months to get naturalized. There is apparently a hold on asylum approvals for asylum seekers who are from travel ban countries. I have not heard about such a hold on green card applications or citizenship cases, but USCIS is not announcing these things and so we do not know for sure. If the delay seems too long, maybe you want to reach out to your Congress person to see if they can inquire. Maybe they can learn more. You can find their contact info if you follow the link under Resources called House of Representatives or Senate. Take care, Jason
Hi Nomadi,
If you don’t mind sharing which state or city office you applied?
And are you from the travel ban list countries?
We would appreciate it if you update us with the status as of now.
Thank you
Hey Jason! As you may be aware the UK changed their asylum process and it no longer leads to citizenship. Do you expect something similar to happen in the US as well?
Best!
I have not heard about any plan to do that, but the government is not transparent, and so if this is in the works, we would likely not know about it until it happens. I am not sure whether it is legally possible, as I have not looked into that, but I would think that is would require a law from Congress, and that the President himself would not have the unilateral authority to prevent asylees from becoming citizens. Take care, Jason
As well
Hi,
Is it safe to travel to third country while my green card is pending with my RTD even i am from ban country and also is the new trump’s rule for limiting green card on people who are from travel ban countries list will effect asylee like me?, thank you so much.
If you have a valid RTD, you should be fine to return to the US. The travel ban does not affect travel for people with asylum status or a green card. Take care, Jason
Abrego Garcia’s current status…
Is he still detained ?
And also I have some questions about his case.
According to wikipedia, he is being charged with human smuggling, a very serious crime…In my opinion, I think he is certain going to be convicted and because of that, he is certainly going to be deported. Why are lawyers still fighting for him for free ? It seems to me nothing could be gained…And he is in detention, the longer the legal battle, the longer his suffering…Is it really a good use of legal resources ? For a case that has a certain, bad outcome ?
He is still fighting the case and there is a lot of info available about the status online. I think the smuggling charge is BS and will be difficult to prove, but the main issue is where he will be sent – last I heard, he was willing to go to Costa Rica, but the government wants to send him somewhere in Africa. Take care, Jason
Hi Jason, hope you’re doing well. I received my green card in January 2025. I plan to travel domestically to Florida, Texas, and California by airplane, and I need to apply for the REAL ID. Based on the current circumstances, do you think I will face any issues with ICE if I travel to these states or at the airports, and also if I apply for a REAL ID in New York?
Green card based on granted asylum (AS6) thanks for your help
Congratulations, would mind sharing your timeline and office?
I don’t see why you would have a problem. You can check this website for a list of documents that are acceptable to travel by air in the US: https://www.tsa.gov/travel/security-screening/identification. Take care, Jason
Hello Jason. I have applied for green card (under refugee status) and yet to receive it. Can i travel to third country using my RTD? I have also my passport which is expired. I am refugee in the US.
My second question is if i get my green card, can i extend my passport via embassy outside US and travel with the passport to third country and use my GC as re-entry document? Since the RTD is valid only for one year. Thank you.
If the third country will accept the RTD as a travel document, you should be fine to travel there and return to the US, as long as the RTD is valid (some countries may want 6 months of validity on the RTD to allow you to enter, but you can return to the US at any time, as long as the RTD is still valid). If you get your GC, you can then get a passport from your country and travel with it. However, this could raise a red flag – why would a country that seeks to harm you be willing to issue you a passport? Why would you want a passport from such a country? At a minimum, you should be able to explain this in case you are asked. I wrote more about using the passport when you are an asylee on May 25, 2022. Take care, Jason
Hi jason. Thanks for you consistent support. So based on the article which was published on new york times, do you think it will also affect refugees accepted in 3rd country and were brought here by the US govt under USRAP-P2? There was no mention of Refugees status in the article so what you make of it?
And also if someone is applying for refugee travel document for the first time with the green card application, how much it would cost or it is for free for the first time?
Do you have any idea how much time it takes to take green card if you are applying from New York under refugee status? Though it is difficult to predict about the timing or amount of time it takes? Thanks a lot.
Since USCIS has not made an announcement about refugees in this context, I do not know. I would be a little surprised if asylees were affected but refugees were not affected, but I suppose that is possible. In terms of the fee, you need to check the fee schedule for form I-485, but I believe there is no fee for a refugee who files for a GC (there is a fee for asylees). For the time frame, I also don’t know, but I expect we will see GCs for everyone go more slowly than before, as they are doing additional security checks and that seems to slow the process, but it is difficult to know, as they are not really making announcements (aside from the processing times web page) and I only see the cases that I do for my clients, so it is not a huge sample size (and very few in NY). Take care, Jason
Hi Jason. I read an article on the new york times that Trump admin have planned to limit green card for applicants from banned travel countries and it would apply for certain applications like asylum, parole and other Discretionary immigration benefits. Can you elaborate this article for us of what does that mean? Can you also tell us that what is discretionary immigration benefits and which category if falls on i mean asylees and parolees? I have posted the link below for your review. Thanks so much.
https://www.nytimes.com/2025/11/14/us/politics/trump-travel-ban-visas-green-card.html
Almost every application with USCIS is discretionary. The only exceptions that I can think of are from the Immigration Court (and not USCIS) – Torture Convention protection and Withholding of Removal. There may be others as well, but asylum and green cards are discretionary. I have not heard about GCs applications from travel ban countries being delayed or stopped, but I have heard that the asylum office is not issuing asylum to people from such countries. They can deny asylum for those people, but in order to grant a case, it has to go through headquarters. Maybe there is something similar for green cards, but I have not heard that. Take care, Jason
Dear Jason,
This will effect to asylees who has pending green card application???
I have not heard about that and there is no announcement from USCIS, so I do not know for sure. Asylum cases from travel ban countries are affected, and so GC cases may be affected as well. How long the delay will be, if any, we do not know. Take care, Jason
Hello Jason, I’m from one of the travel ban countries. I just recently applied for asylum this month. I’m wondering if I should withdraw the case and leave to countries where I can seek protection from UNHCR. As my passport is gonna expire within a year and I don’t think gov will renew it, I fear I won’t have a passport to request even voluntary departure if my application is denied. I will be deported to my country. I also fear being labeled as non genuine asylum seeker if I withdraw my application this early and impact my registration with UNHCR as well. Could you please help me weigh my options? Is withdrawal less worse option than denial? Abandoning the filing and withdrawing it, which is better in my case? I applied while in a legal status after one year deadline due to threat but I no longer hold any status other than asylum pending. Thank you so much.
There is a good chance you will get a fast interview and if so, maybe you will get a decision quickly. The problem is that it seems there is currently a hold on asylum grants to people from travel ban countries, but we do not know how long that will last (and we can’t even say for certain that there is such a hold; I was just told about it by some asylum officers). I think if you have somewhere in mind to go that works for you, maybe leaving makes sense. But if you are not sure about where to go, maybe you can wait for a bit to see if you get an interview and see what happens. Many people who file new applications are getting interviews within a month or two, and maybe it is worth waiting for that. If you plan to go to another country, before you go, you might want to talk to a lawyer in the new country about the implications for withdrawing your asylum application in the US. Take care, Jason
Thank you so much for answering my questions. What I afraid the most have now come true. The current administration will be acknowledging the dictator in my country and ended TPS. Even with deteriorating condition in my country and still warning citizens not to visit there, the country report and internal guidance will now have country condition as improved, safe and stable. I’m afraid with the asylum hold in place with change in stance by the administration to my country, my application will for sure be denied.
If I decided to leave US, which one will be a better option: abandoning the application or withdrawing it? I am afraid I would accrue unlawful presence after withdrawal.
And when should I leave? Before the bio metric appointment, before the interview, before the court date after receiving NTA? I’m trying to avoid having “placed into deportation proceeding” and making already difficult process of getting visa into any other country much worse.
In my current situation, what would the best way to make my immigration record in US not as punishing as possible for future immigration?
I’m sorry if these are not the best questions to ask. I am very grateful for your insight and thank you so much for taking your time.
Just because TPS is ending does not mean that you cannot win your asylum case. If you want to stay here, you can continue the case and try to win. If you decide to leave while the affirmative case is pending, I recommend that you leave and then withdraw the case after you leave the US. I wrote about withdrawing on December 7, 2022. Even if you do the case at the Asylum Office, lose, and get referred to court, you can still seek “Voluntary Departure” in order to leave without a deportation order. In terms of returning here on a different visa, I do not think there is any benefit to leaving sooner. As long as you avoid a deportation order, your situation in terms of returning here one day will be the same whether you leave now or later. Take care, Jason
Hi Jason,
I entered U.S with B1 5 months ago for a conference. After the conference and a brief period of vacation, I applied for Change of Status from B1 to F1 via an attorney. However, after 5 weeks of waiting I didn’t receive a receipt notice. After contacting USCIS support, they mentioned they can’t see my case on their system and suggested to wait for an additional week (6 weeks) and re-file the application if I don’t receive it in 6 weeks. Given that I have only one month left on my B status, I’m thinking of not re-filing the case.
Due to my country condition and personal background, I initially thought of applying for asylum when I arrived in U.S but I was suggested by family & friends to go with the F1 route as a way of legally remaining in the U.S. Now, I’m considering applying for asylum instead of re-filing again. I’m wondering if the fact that I decided to apply for asylum now without getting a response on COS application will have any impact on my case. Please let me know what you think.
I suppose it is possible that the application to change to F-1 would be denied if you applied for asylum. To qualify for an F-1, you need to promise to leave the US at the end of your studies, and you cannot make the promise if you file for asylum. However, if the I-539 (application to change status) is currently pending, USCIS may approve it before they realize asylum has been filed. It does seem a little strange that you did not receive a receipt for the I-539 yet, and so maybe it was never received. If you do plan to file for asylum, keep in mind that you should file within one year of your last arrival in the US; otherwise, the asylum could be denied as filed too late (there are exceptions to this rule, but it is much better to file on time). Take care, Jason
Thanks for the response.
I believe asylum aligns with my current country condition and long-term safety concerns. The main reason I’m not considering it with 100% confidence is the current anti-immigrant rhetoric from the Trump administration and the concern that I might be less prepared if I get an interview scheduled with weeks/a month if I file next week or so.
Regarding the 1 year filing deadline, what are the exceptions? If I go to school with F1 and later decided (after the 1 year deadline) to apply asylum, would it be rejected as filing too late?
I wrote about the exceptions on January 18, 2018, but you probably should talk to a lawyer about the specifics of your case. It is better to file within the year, rather than trying to rely on an exception. If you are in lawful F-1 status and a full-time student, that exception should work, but if you are no longer attending school, that may not work as an exception. And certainly, I would not rely on the fact that USCIS allows a “grace period” after you stop attending classes before you have to leave. If you are not currently enrolled, I think it may not work as an exception to the one-year bar. Take care, Jason
Hi Jason.
My wife was stopped in the airport by CBP back in 2019 & was issued NTA.
During that time she was a derivative on my asylum case.
Since they had no case, she was never called to court and just had to do ICE checking. Recently, we got our interview and were approved. USCIS was able to add her to the case & ICE terminated her case subsequently.
Now we are trying to fill I-485 and are confused.
For P9Q14, I assume that we need to note that she was in removal proceedings (even though she was never called to court)?
For P9Q22, I assume that we need to note that she was arrested?
I’m planning to explain situation in Part 14. Do you think it’s beneficial to add the whole file that was issued to her during the ordeal on Virgin Islands as an exhibit? It’s quite a package and I’m not sure USCIS would like to see it all.
Congratulations on your approval, just a question for you ,are you applying yourself or thru a lawyer cause I’m equally trying to apply for approved asylum green card .How many months did you have to wait before applying?Thanks
Thank you. I’m applying myself.
Forms are not that hard. It’s those eligibility questions that confuse me.
I want to be as truthful as I can but at the same time I don’t want to overly confuse the reviewing officer.
I think you can answer both questions as you think best and then provide an explanation, as you suggest. But I think it is clear that she was in removal proceedings, as an NTA was issued. I do not think you need all the documents about that (though of course, if USCIS asks for them, you can provide them), but I do think you should include any order you have indicating that the court case was terminated or dismissed. I am not sure that receiving an NTA would be considered an arrest, as it depends what happened, but again, I think you can just answer as you think best and provide an explanation. Even if it is considered an arrest, that would not block her from a GC, so the only real issue here is that you do not want USCIS to think you are trying to hide either of these incidents. Take care, Jason
Thanks Jason.
The only thing is that she never had a court case to dismiss.
They issued NTA but never started the case in EOIR since 2019. I assume it’s because she was in “asylum pending” status during the incident & they had no case.
Considering this, the only thing that we were able to get from ICE is the email with note that her case was closed and she has no reporting requirements.
Should we reach out to someone else or that letter from ICE representative is sufficient?
Since USCIS had jurisdiction over her to issue asylum status, I assume that ICE or deportation authorities forfeited the case.
I would include the letter from ICE. You can also enter her Alien number and county on the court website (acis.eoir.justice.gov/) and that should indicate that no case for her was found. You can include a print out of that as well. Unless she has a case pending in Immigration Court now, I see no reason why USCIS would not have jurisdiction to decide the I-485, and so as long as you explain these issues, I do not see that she should have a problem. Take care, Jason
Hi Jason. A quick follow-up to this. As noted above, my wife was stopped by CBP in the airport in 2019 & she received NTA while waiting for asylum interview. Additionally, they took her passport. Fast forward to 2025, we got interview & were both granted asylee status by USCIS. During the interview USCIS officer showed us my wife’s passport and said that it can be return later if we get approved.
Since we were approved, we reached out to ICE & USCIS to return my wife’s passport. ICE responded with an invite for in-person visit to facilitate passport transition to my wife.
I’m really scared that ICE will detain her during that visit. Do you know if that’s possible? Maybe you can recommend some better strategy in getting that passport back?
If she has asylum, I think it is very unlikely that they would detain her. But maybe one idea is to send a lawyer to the appointment rather than your wife. Normally, a lawyer cannot go in your place to an ICE appointment, but since this is just to pick up a passport and is not a check-in, maybe that would work. There is also a form called the G-884, which is used to request the return of original documents from USCIS. Here, I have a feeling that ICE, and not USCIS, has the passport, and so maybe this form would not work, but you can try (there is no fee, so you don’t have much to lose). Finally, if you are really worried, you can just forget about the passport and she can apply for a Refugee Travel Document, form I-131, available at http://www.uscis.gov. The RTD is not great, since it is only valid for a year and takes a long time to get, but it can be used instead of a passport for travel. Take care, Jason
Hi Jason,
It has been 5 years since I first read your article. Thank for all your support for Asylum Community.
I got approve for asylum 1 month ago. Based on current USCIS policy and time frame, what it the best time for filing the green card application? Someone suggest me do not wait a complete one year to file it, is that true?
Best regard,
Frank
Congratulations on the approval! Assuming you meet all the other requirement (no criminal issues, you plan to be mostly physically present in the United States for a year or more after receiving asylum), you can apply anytime. Most lawyers, including me, recommend that you wait 6 months after winning to asylum to file for your GC. I explain the reasoning in a post I did on February 6, 2023. Take care, Jason
Hi Jason I think the pause on asylee greencard is still on placed. I never heard anybody receiving greencard in the last three or four months.
Do you know what’s going on?
Thank you.
I received mine at the beginning of October, i applied in Jan. 2025 and received it after waiting for 9 months. I’ve a friend who has been waiting for 2 years but still hasn’t received it yet.
Great news, congratulations
hopefully they will isssuing greencard to all other asyless who has been granted asylum very soon.
I applied more than a year ago.
Which office were you assigned to?
I think the other person will tell their office. Mine office is New York long Island.
Approved in Arlington VA and applied AOS to Chicago Illinois office …good luck!
According to USCIS report, Long Island office has 2867 pending humanitarian applications.
In Q3 of 2025, they processed 547. If they keep up with that pace, processing time should be at ~15.7 months. Hopefully, your wait is almost over if you applied a year ago.
Thank you my friend, it is really a great piece of information.
Hi my friend, Did you had a interview with uscis or not? Did you get approved in uscis office or in court?
My case was approved at Uscis and no interview was required for my AOS! Good luck!
Which asylum office were you assigned to?
There was no announcement from USCIS, so we do not know for sure, but I have had some asylees get GCs and based on what I know, the pause is ended (I wrote about that on August 6, 2025). That does not mean that GCs are moving quickly, as I think they will be moving more slowly, but I do think cases being processed. Tale care, Jason
Hello Jason, I’m interested in hiring your firm. I know every case is different, but on average how much does Murray Osorio charge for representation in immigration court for the master hearing and the final hearing? It would help to have an estimate before moving forward with a consultation
These kind of questions typically don’t yield satisfactory answers, based on my experience
There is no real way to say that without first doing the consult, as each case is different and it depends on many factors, particularly if there is more than one type of relief available and if there might be criminal or other complicating issues. For that reason, our firm does not post its fees online, as it varies too much depending on the case. If you call, we can arrange a consultation to go over the case and give you a fee estimate (and yes, sorry I cannot give a satisfactory answer on this, but it really varies by case and that is why most firms do not post fees online). Take care, Jason
Hi Jason,
Can I ask a question? I’m a green card holder charged with abandonment and am in removal proceedings. Can I request for withdrawal of application of admission and will this give me any bars for future admission if I apply for an employment based green card in the future?
You can ask for that. Whether there are bars to future admission depends on the case, and I think you would need to talk to a lawyer about the specific situation, but in many cases, there would be no bars to returning, though it may still be difficult to get a visa, depending on your situation. Take care, Jason
Hi Jason,
Im currently in immigration court and my individual hearing was meant to be in 2020, then covid came and the date was cancelled but not yet rescheduled till date.
I got married to a usc and filed i130 in December 2023 which just got approved late lastweek.
Now im confused on the next steps as my lawyer is suggesting that we will only present the i130 approval to judge on the next hearing when i dont even have a date yet and been waiting for 5 years without one.
I think there should be a way for the lawyer to inform the court that i have an approved i130 and request to termination of the asylum case to enable me to file i485 with uscis.
Please advise on the best route to go about this and rhe next steps after i130 approval. Thanks for all you do.
It may be possible to dismiss the court case based on the approved I-130 and you can ask the judge to do that. However, it can only work if you are also eligible to obtain your green card based on the marriage (you entered the US with a visa, among other requirements). If you are eligible, you can ask the judge and DHS (the prosecutor) to dismiss at any time. They may not agree, as it depends on the case, the DHS attorney, and the judge, but you can try. Take care, Jason
Hi Jason,
Thank you for all the work you do for the immigrant community!
I recently came across a video on social media by an immigration attorney who said that applicants seeking asylum relief “only need to show that there is at least a 10% chance” they would face persecution if they returned to their country. Regardless of whether one thinks that number is high or low, I found this interesting because I don’t understand how a judge or asylum officer can meaningfully determine such a numerical probability. It seems somewhat mechanical to say that the risk of persecution has to exceed a particular percentage threshold to be considered “likely enough.”
My understanding was that the decision-maker either finds, based on the facts and evidence, that an applicant will face persecution in their home country, or they do not. Could you please explain how this standard is actually applied in practice, and what your experience has been with this type of “10% chance” threshold in real-life cases?
Thank you.
I agree that it is difficult to quantify the likelihood of harm. The 10% probability comes from a Supreme Court case called INS v. Cardoza Fonseca, which basically says that if a government was to execute every tenth person in a particular group, then all 10 members of the group would be eligible for asylum. So it is not really a 10% chance of any harm; it is a 10% chance of very severe harm. Immigration lawyers have construed that as a 10% chance of persecution, but that is not exactly what the Supreme Court said. In any event, I think the point was that an asylum seeker does not need to demonstrate a very high likelihood of harm to qualify for asylum, and that is often how decision-makers interpreter the law. Part of the reason that there is so much variability in approval rates is that this standard is not so clear, and there is a lot of room for judges and Asylum Officers to reach different conclusions on the same facts. If there were more guidance (i.e., more published cases from the BIA and federal courts), perhaps there would be more consistency in how the 10% probability is interpreted and applied. Take care, Jason
Jason, Grateful to you for inspiring millions. My timeline was assylum approved on 10/2020. Green card resident since 6/2022.When i will be eligible to apply citizenship. Thanks
If the date on the GC is 06/2022 and if you are otherwise eligible (did not spend too much time outside the US, no criminal issues, etc.), you would be eligible to file for citizenship in about 03/2027. In other words, 5 years after the date on the GC, and you can mail the application up to 90 days before your 5-year anniversary. I wrote more about citizenship for asylees on December 2, 2020, and maybe that would be of interest. Take care, Jason
My questions are..
1. Is this notice a good sing and it’s mean they have close my case and can continue with my adjustment so status application??
2. Can they still send me NTA and send my case to court for removal proceedings??
I am confused because NTA can prolong my I 485 application???
Please help me with it
Hi sir first of all thanks for helping our community.
I have few questions and I want your help.
I have applied for asylum in 2019 with uscis office. I got married in 2024 and applied for AoS based on marriage in June 2025. In September i received interview letter for my asylum application.
My lawyer suggested me to withdraw asylum because I have already file for marriage based AOS . I applied for asylum withdrawal and i received this withdrawal Notice .
Administrative Termination (c3)
In accordance with your request to withdraw your application from further consideration.Your case has been terminated .
My questions are..
1. Is this notice a good sing and it’s mean they have close my case and can continue with my adjustment so status application??
2. Can they still send me NTA and send my case to court for removal proceedings??
I am confused because NTA can prolong my I 485 application???
Please help me with it
Normally, I do not withdraw a client’s asylum case until the person has a green card. If they closed your asylum case and did not issue an NTA, that is good news. I suppose they could still send an NTA, but hopefully, they will not. If they do, you will have to either get the court case dismissed so you can adjust status (get your green card) from USCIS, or you will need to get your green card in court. Either way can cause delay and additional expense. Hopefully, they will not send an NTA and you can continue your adjustment of status case based on the marriage. Take care, Jason
Hello Mr. Jason,
I was a victim of fraud in my asylum applications. I had to file a formal complaint against an attorney to the Office of Lawyers Professional Responsiblity and Office of the AG along with other victims and I happened to be the group leader. He screwed up everything, unprofessional with his work, threatened some of us that we could get deported. After 2 years of formal complaint against that specific attorney we won and got our refunds back. Though they did a thorough investigation.
Went ahead and hired another attorney within the same State but not satisfied with the Firm’s service. I lost faith in her Office. I planned of representing myself in an Immigration Court since I had prior bad experiences with attorneys.
Your advice will be highly appreciated. Thank you.