Last summer, the Trump Administration implemented a travel ban to block or restrict nationals from certain countries from entering the United States. The ban was justified based on “national security” or because the targeted countries had higher-than-average visa overstay rates.
Now, according to a report from the New York Times and my conversations with Asylum Officers, it seems that people from banned countries who are already in the U.S. will face additional restrictions on receiving asylum and obtaining a Green Card.
Let’s start with the travel ban, which is divided into a few parts. First are countries whose nationals are “fully suspended” from travel to the United States: Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen. Other countries are subject to a “partial ban” on travel to the U.S.: Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. There are also 36 additional countries that the Administration is considering banning, though so far, no other countries have been added to the list.
Before we discuss how the ban will affect people in the U.S., I should note that we have no official announcement about this new policy from USCIS. What I know is based on my own conversations with Asylum Officers and the NY Times article. Also, we don’t know what countries will be affected. Will it only be countries subject to the “full” ban? Or will “partial ban” people be affected as well? What about nationals from the 36 “potential ban” countries? We don’t know.
With these caveats in mind, let’s look first at asylum seekers. I spoke with Asylum Officers who told me that people from banned countries cannot currently be granted asylum, though their cases can be denied. Again, we don’t know if this applies to full, partial or potentially banned people. If the Asylum Office plans to grant a “banned” person’s application, they need approval from headquarters. How long that process will take, and what criteria headquarters will apply to make a decision, we do not know.
My information from the Asylum Officers is a bit different from the NY Times article, which reports that citizenship in a banned country will be treated as a “significant negative factor” in determining whether an applicant is eligible for asylum or a Green Card (or certain other relief) as a matter of discretion. To explain: Most immigration benefits have legal requirements and discretionary requirements. So, for example, if you meet the legal requirements for asylum, USCIS or the Immigration Judge must also decide whether you deserve asylum as a matter of discretion. Where a person does not have negative discretionary factors (such as criminal issues), they would normally qualify for a discretionary grant of asylum. Also, the fact that a person meets the definition of an asylee has traditionally been treated as a strong positive discretionary factor. Therefore, in practice, almost everyone who meets the legal requirements for asylum is granted asylum as a matter of discretion. Perhaps the new policy is meant to block or delay certain asylum seekers by making nationality a “significant negative factor” for people from banned countries.
For the time being (at least until the new policy goes into effect), it seems that the Asylum Offices are “holding” asylum grants from banned countries. Once (and if) the policy is implemented, we will get a sense of its impact.
The new policy would also affect Green Card applications, though it is not clear whether all such applications will be affected. Indeed, the travel ban explicitly states that it “shall not apply to an individual who has been granted asylum by the United States[ or] to a refugee who has already been admitted to the United States.” However, there is an unconfirmed report that USCIS intends to re-interview refugees who entered during President Biden’s term and that Green Card applications filed by such refugees will all be put on hold. How this will play out, we don’t yet know.
According to the Times article, applications for citizenship will not be affected, and this aligns with the language of the travel ban, which does not apply to “any lawful permanent resident of the United States.” Whether citizenship applications will actually be unaffected remains to be seen.
If you are from a travel ban country, what should you do? Since we don’t yet know how this policy will look, I think people should continue to file for asylum, a Green Card or citizenship as before. You may be required to show evidence of good moral character to counteract the “negative factor” of country of origin, and it is worthwhile to at least start thinking about what you will submit if asked. This could include evidence of family ties to the U.S., employment or school attendance, volunteer work, payment of taxes, awards, and letters of support from people who know you, especially people who are prominent in your community.
The nicest thing you can say about USCIS’s new policy is that it is unlikely to achieve its purported goals. If the concern is “security,” then putting cases on hold, but leaving supposedly dangerous individuals free in our country, does nothing to make us safer. The policy is also a form of victim blaming–punishing asylum seekers because we dislike the government from which they fled. In the end, we will have to see how this new policy is put into effect, but like many other Trump Administration initiatives, it seems designed to harm immigrants without doing anything to benefit the United States.
For now, I hope you can set all this aside, and I wish you a happy Thanksgiving!
Jason thank you for being on this earth
I dont know what will we in this world do without you.
We received a letter it is namely : Application for asylum and for withholding of removal proceeding. I am understanding this is a letter staying that they have schduled our interview for our asylum case.
1. Do we go for this interview ? Interview date is 15 Jan 2026 and I do not want to go for the interview because we do not know the outcome, will they arrest us ? I have two kids with me and i know kids are not allowed for the interview
2. We do not have an attorney, do we need an attorney if we need to go for an interview.
3. I want to change the interview date, can we contact the USCIS and delay the date. We are not ready with evidence or attorney.
4. We want to leave the country since we do not have the passport. I am waiting for a help to get my passport from my husband country. We will then leave the country. Can we do this? Have you had clients who want to leave and withdraw their case since they have a family member dying.
5. IF we do not attend the interview and leave the country can we leave in peace and then withdraw the case?
6. This is not a removal proceeding letter, this is a letter for withholding of removal proceedings I totally got confused and messed up writing to you earlier so can there be a chance to change the interview date? can we call USCIS and let them know we the truth we are trying to leave the country and do not want to come an interview or will it be an issue.
7. Will they cancel the case immediately or will be questioned at the airport?
I am trying my best to just stay calm but i have no clue what is going on.
1 – I have not heard about affirmative asylum seekers being arrested, except maybe for people with criminal issues, and so I think it is safe to attend the interview. If you do not attend, the case will be denied and sent to court. If they are dependents on the case, children must attend the interview also. If the children are not part of the case (for example, they are US citizens), they do not need to attend and it is better for them to not attend, as they could be distracting. 2 – That is up to you. An attorney’s job at the interview itself is small, but an attorney can help look for any issues or problems with the case and help you prepare your evidence and testimony, and I think this help is useful. 3 – You can try, but most offices will not let you change the date and so even if you try that, you should also do your best to prepare. If you want to email the asylum office, you can find their email if you follow the link under Resources called Asylum Office Locator. Also, keep in mind that most asylum offices require that you submit evidence at least one week before the interview. 4 – You can do that. I wrote about withdrawing a case on December 7, 2022. 5 – If you do not attend the interview, the case will likely be denied and you will be referred to court, where you will eventually get an order of deportation (since you will not be in the US to do the court case). The better approach is probably to attend the interview and do your best, and then if you leave afterward, withdraw at that time. Or if you get referred to court and want to leave, you can ask the court for “voluntary departure,” which allows you to leave without a deport order. 6 – I am not sure I understand what that is. If it is for the asylum office, it should be an interview letter. The asylum office does not have the legal authority to decide a case for withholding of removal. But I guess you can contact them and try to leave before the interview. 7 – You should be able to leave with no problem. The only issue is avoiding a deportation order so you can come back later. To do that, you need to withdraw the asylum case if it is at the asylum office, or get voluntary departure if the case is in court. Take care, Jason
Jason
Please tell me if i have pending asylum case can i apply for refugee travel document and leave the country. My country of origin does not want to give me a passport.
I need go back as my father as passed away.
It is possible to take a refugee travel document and leave the country, and then withdraw my case or am not going to get the travel document. or they are going to give me a hard time at the airport when im leaving the country.
Thank you
I am very sorry for your loss; this is particularly difficult when your loved one is far away. Unfortunately, the Refugee Travel Document is only for people who have been granted asylum (or refugee status). You would need a passport or some type of travel document from your government (or another government) to travel. You could potentially get Advance Parole to travel outside the US and return (I wrote about this on September 11, 2017), but that only serves as a US visa; you would still need a passport to travel. If you do leave the US and you will not return, you can withdraw the asylum case. It is best to do that after you leave. I wrote about withdrawing on December 7, 2022. Take care, Jason
Hi Jason,
I’m a derivative asylum with green Card. Unfortunately the principal and I are now divorced. Do I need to file a nun pro tunc now, or I am still eligible to naturalize?
If you are legally divorced and you still have asylum status, you need to file a nunc pro tunc asylum application before you are eligible for a green card. This is a formality. Basically, you just need to prove that the marriage was valid at the time asylum was granted. You do not lose your asylum status, but if you want to get the GC, you have to do a nunc pro tunc first. Take care, Jason
Thank you for your response Jason.
But we divorced after the green card was issued. Can I still apply for naturalization normally?
If you are divorced and you do not yet have a GC, and only have asylum, then you need a nunc pro tunc to file for the GC. If you already have the GC, you are fine and there is nothing to do; you can apply citizenship normally. Take care, Jason
[…] all refugees admitted from January 20, 2021, to February 20, 2025.” This comes on top of an announcement (made prior to the National Guard attack) that citizenship in a “banned” country will […]
Hi Jason,
I am from one of the 19 country is it safe to travel with RTD while my I-485 is pending?, thanks for your advice in advance.
I have not seen any announcement indicating that people with a valid RTD will be denied re-entry, and so I do not think that would happen. However, there are announcements about re-examining asylees and refugees from banned countries, and at this point, we do not know how that will work. You may want to wait a bit to see if we get a better idea – for example, will travel and re-entry trigger a “re-examination” of your case? I doubt it, but these new restrictions are very new and we do not yet know how they will work in practice. Take care, Jason
I am really disappointed???? what are your thoughts Jason on this news?
“Trump Admin Halts Green Card, Citizenship Processing for 19 Countries”
https://www.newsweek.com/trump-admin-travel-ban-green-cards-citizenship-pause-uscis-11145292
I believe this info is based on a leaked document from USCIS. It seems legitimate, as I have heard it from another reliable source. I plan to post something about this tomorrow, but we do not know exactly what will be halted or for how long. So it may have a terrible effect, or it may not have much effect at all. Take care, Jason
Thanks Jason!
My case was referred to the court and the hearing is almost a year and half from now.
My EB2-NIW was approved , My lawyer mentioned for AOS will need to be filed in immigration court now as judge will decide the AOS in the court.
I came to US legally and filed the asylum application way before the 1 year deadline and did not accrue unlawful status.
As per your experience if your EB2-NIW is based on very strong relevance for national interest how likely it is the judge will take positive action on it.
I will really appreciate your help and guidance on this scenario.
Thanks
Sam
The problem that I see here is that you are not in status now (if you were in status, your case would not be in court). People who are not in status cannot AOS except under limited circumstances (married to a US citizen, for example). An EB-2/NIW case requires that you be in status in order to AOS. There are some rare exceptions. One is a law called INA 245(i), but that required you to be physically in the US since at least December 20, 2000, among other requirements. I would have the lawyer explain to you the legal basis to AOS. Otherwise, you could ask for voluntary departure as an alternative to asylum, and if the judge denies asylum, you could leave the US and consular process the EB-2/NIW. If you have no unlawful presence or other bars, this may be possible (if you request voluntary departure as an alternative to asylum, you can still appeal to the BIA, and if you lose there, you can then leave based on the voluntary departure). It’s all a bit complicated, but I think you need to review it with the lawyer and also, you need to understand how you are eligible to AOS and get your green card without leaving the US. Take care, Jason
Thank You Jason!
I have been in US for 10 years + now since 2015 and during all that time my status has been pending asylum , I entered US legally and filed for asylum before my visa expired and do not have criminal record with my kids who are US citizens.
Am I eligible to fall under the rule INA 245 and possible have the AOS here.
Do you deal with such applications.
Thanks
Sam
Unfortunatel,pending asylum is not considered a valid status for AOS so you will not be able to adjust stats from pending asylum to green card. So, your only defense in the EOIR would be to win the asylum claim.
You should talk to a lawyer to be sure, as there are different sections of INA 245 and different bases to adjust status. In general, someone who only has an asylum case pending is not “in status” for purposes of AOS, and could only get a green card inside the US based on marriage to a US citizen or some other “immediate relative” petition. There are exceptions to this, and so if you think you have a path, talk to a lawyer to see what can be done. Take care, Jason
Hi Jason. I am eligible to submit my N-400 in about 2 months but I am afraid giving recent events. My GC was based on asylum.
First, my country of birth is not in the list of 19 “countries of concern”. Also, my asylum was granted during Trump’s first term but my GC was issued during Biden’s term.
However, I heard that USCIS is pausing all asylum decisions (not only for people from those 19 countries). Moreover, they want to re-examine all green cards issued to everyone from those 19 countries. Furthermore, they want to review all asylum cases issued during Biden’s term (again apparently not only for people from all those 19 countries). Again, my situation does not fall in any of those points but nonetheless, I am worried that they will extend a pause to ALL petitions (green cards or citizenship) for people with asylum regardless of which country they come from or when their asylum was granted.
Do you have any thoughts on that? Have you had recent clients with previous asylum being granted citizenship? Thanks.
If you are not from a banned country, I do not think there is anything currently blocking your application. I plan to do a blog post about this tomorrow with more detail, but as far as I can tell, none of the many recent announcements would apply to you. Of course, there are new announcements every day, and also, most of these announcements are on social media, and so it is difficult to know exactly what changes will take place. I would expect that USCIS will divert more resources to re-examining old cases and that could slow things down for everyone, but as of now, I see no reason why you should not apply for citizenship. Take care, Jason
Hi Jason,
I am submitting my N-400 next month and I am a bit worried it will get denied. I obtained GC based on asylum for fear of persecution in my COO based on my sexual orientation. While the law against LGBTQ in my COP hasn’t changed per se, there was a change in government (islamists are no longer in power) which made it safe for me to go back back and visit my family ( have done it 4 times). How high is the risk of my N-400 getting rejected or the government putting me in removal proceedings?
The main issue for an asylee with a GC returning to their country is when the return trip causes the US government to suspect that the asylum case was fake. That does not sounds like it will be a problem in your case, and so the return trips would probably not put your status at risk. That said, the Trump Administration is working hard to attack asylees and people with GCs based on asylum, especially people from banned countries. In fact, the latest news is that USCIS is stopping all immigration applications for people from banned counties, until they can put more vetting procedures into place. Because of how things keep changing, you may want to talk to a lawyer before applying for citizenship, just to review the case and evaluate the risk. I expect that it will be ok, but given how quickly things keep changing, it is difficult to say with much certainty, and the return trips would potentially cause USCIS to look more closely at whether the original asylum case was legitimate. Take care, Jason
Hi Jason.
Regarding social media accounts. I have mentioned my regular email add to my GC application and i have my another email add which i have used on my social accounts. So if they check my social accounts, so how would the find by my another email add? The purpose of using my another email add for my social accounts is to use it in personal capacity and there is no issue with my social media posits or likes etc. But I have given them my other email add as well when i was in third country while filling all the forms. it is just that I did not mention it in my GC application. So what do you think and I am refugee in US.
You may want to send a letter via the USCIS portal or by mail to make that correction. I do not think it is a big deal, but these days, you do not want to give them any excuse to say that you are trying to hide something from them, and if they already know about from when you were in a third country, I think it is best to make sure your current application is consistent with any prior forms you completed. Take care, Jason
thank you jason.
I did add my regular email add into my social accounts to make sure if they look they can find it with both. I now have both of them in my profiles. I think it should be okay now. What you think?
As long as USCIS has the info, or at least you can show you tried to give it to them, you should be fine. Take care, Jason
Hello Jason, can your company represent me at my master and final hearing at the Detroit immigration court, or you guys only do DC and NY areas?
Thank you
Our offices are in DC and North NJ, but we do cases all over and can do a case in Detroit. If you need to contact me for a consultation, my email is Jason@MurrayOsorio.com. Thank you, Jason
Hi Jason,
It is not clear to me if there is a pause on Asylum Green Cards from third world countries, everything I heard is that they will review existing green cards, but not sure how that affects pending cases. Do you know? Our green card case has been pending for the past 15 months and we are in the process of filing a WoM to accelerate it. Do you think it’s still okay to do it given the current circumstances? Thanks!
As far as I have seen so far, the pause on GC cases is only for Afghans. However, people from “banned” countries will be subject to additional conditions, as discussed in the above article. I would not be surprised if other asylees are also affected by these changes – if they are revisiting some GC approvals, you would expect additional scrutiny for current GC applicants. We will have to see how the new policies are put into effect. Take care, Jason
Hello Jason,
I have been waiting for my USCIS asylum interview for 12 years, and I am not from a country that is subject to a travel ban. I would like to hear your opinion on how the recent news might affect the speed of interviews at USCIS. If the agency does start re-reviewing decisions made between 2021 and 2024, who do you think will be responsible for that process? In your view, could this lead to even longer wait times for interviews? Also, does this mean that the period for waiting for a decision from USCIS might become even longer than usual?
Thank you!
I don’t know, but I imagine that re-examining so many cases will make things slower for everyone. We will have to see exactly what USCIS does, but it will probably be a little while before we really start to understand how the changes affect people. USCIS did announce that all asylum decisions will be paused, but again, we have no sense of what this means or how long that pause will last (plus, the pause is on decision and not interviews, and so how that will work, I do not know). Take care, Jason
I mean I hate to say I told y’all so
But, this is one another example that it’s not enough to win individual asylum cases for asylum seekers.
Asylum advocates’ top priority should be to change enough people’s mind so that they move in the direction from anti-asylum to pro-asylum ( not necessarily arrive at pro-asylum, could be from anti- to neutral, but the direction should be towards pro-asylum) If not, then anti-asylum politicians will keep getting elected and implementing harmful, sweeping policies to asylum seekers, policies too sweeping that any small, sporadic and individual gains made by asylum advocates are outweighed….
Not sure that will make much of a difference. It’s very hard to drastically change people’s opinion considering the current political climate. I personally think immigration is just the easiest scapegoat when everything else is failing. Hatred is a reliable powerful feeling unfortunately. The MAGA movement started almost 12 years ago and still going relatively strong. At some point people will eventually grow tired but right now we can just continue to highly positive stories and spread love.
I think this is probably correct. In some ways, the Trump Administration is its own worst enemy, as its over-the-top enforcement is turning some people against it. Take care, Jason
I mean the people who are against these policies are against them or him to begin with…
I never see a single individual soul that has changed from not against to against…
And if there really is a credible, strong sentiment against current immigration policies. They would have elevated this sentiment to the materialization of Democratic majority already…The fact that the congress, the presidency and the supreme court are all controlled by republican party is a manifestation that anti-immigrant anti-asylum sentiment is very strong and durable …
Work authorization question
Above post states that there is pause for decision or processing asylum for people who comes from Banned country (19 country list). Does it apply the pause for work authorization renewal ?
I have not heard that USCIS is pausing work permits for people from banned countries, and so hopefully, that is not the case. Take care, Jason
Hopefully they don’t stop renewal or processing new EAD because people need to work and survive while they are daily changing the policies
Hi Jason
My mandanmus is still pending; I haven’t received an interview notice. This Friday, I heard the interview didn’t go well, and as you said, the immigration service might directly reject my application. What will happen to my mandanmus then? Thank you.
I don’t understand whether you got an interview or not, but a mandamus does not guarantee a particular decision; it only forces the asylum office to interview you and give you a decision. Some cases are granted and others are denied. For now, it seems certain countries cannot receive positive decisions, and so either those will be held or the asylum office will deny them. At this point, we do not know. Take care, Jason
Hi Jason,
I filled for asylum 2015, became an asylee 2023 and filled for GC 2024. My GC is pending now I am from the banned countries and a 3rd world country, I have a valid RTD that expires in 5 months is it safe to travel to a 3rd country to see my family? Do you think the new updates will delay GC and make it more difficult to get a new RTD in the future? I’m worried if I don’t travel soon to see family not sure when I’ll be able to see them next with all these updates/ delays:(
There has been no announcement about asylees traveling with an RTD, and so it seems like you should be able to re-enter the US as normal, as long as the RTD is valid. The travel ban itself specifically exempts asylees. I do think you should pay attention to the news, as these agencies are falling over themselves to implement more restrictions, but as of now, I have not heard anything that would affect a person with a valid RTD from traveling and returning. Take care, Jason
Hi Jason ,
with the recent announcement of putting pause on all pending asylum cases that are with USCIS , I want to know and understand what will be the status of the cases that have been referred to the immigration court and the master hearing is scheduled for year and half.
not from any banned country , no criminal record , came to us legally and with due process , filed asylum even before the expiry of the visa , no unlawful status accrued.
Thanks
Sam
Presumably, the Immigration Court will pause asylum grants too, but at this stage, I think there is no announcement about that, and so we will have to wait and see. Also, we do not know how long the “pause” (or whatever it turns out to be) will last, and by the time your case goes forward, it may no longer be in effect, or may be different from what is being implemented now. Take care, Jason
Hi Jason, As an afghan with refugee status and already applied for GC application this November, what do you make of these past week? How they will effect us and do you see any positive outcome coming from these scenarios?
I am so disappointed and less hopeful of how things have gone. We were promised that we will be able to get our adjustment of status after one year, but contrary, we are now stuck with unknown fate. Can you please brighten us with your elaboration of these past week? Thanks so much.
It is very sad to see all Afghans being punished for the actions of one person, especially where we have no idea yet about that person’s motivation. This Administration was looking for a reason to punish Afghans (and other non-citizens) and the National Guard shooting has given them a pretext. I do think they are limited by the law and by available resources, and so how the announced changes will actually play out, we need to wait and see. As I discuss in the above article, I think it is a good idea to be thinking about additional evidence to support your case (in terms of your good moral character) in case USCIS requests that, but for now, I think there is no much else to do, since we do not know what additional requirements, if any, will be put into place. Take care, Jason
Jason,
About the good moral character evidence while applying for naturalization; can you add them to your initial application submission without having to wait for USCIS to send a RFE? Just to be proactive.
You can upload the evidence if you filed online or have a USCIS account. Otherwise, you can mail the evidence in. I am not sure that is needed, though. You can also just collect it and hold it, and then submit it if asked, or bring it to the interview. Take care, Jason
Hi Jason, I have a question. I’m originally from one of the 19 countries on the travel-ban list. I came to the U.S. in 2021 on a student visa and filed for asylum in 2022. It has now been more than three years and my case is still pending with no interview. With the current situation and new policies, do you think this is a good time for me to file a writ of mandamus to get my interview scheduled faster, or should I wait?
I think you should at least wait to see how cases are being dealt with before you file a mandamus. If you file a mandamus, it will force the asylum office to make a decision within a certain period of time. If the asylum office is unable to approve the case due to the new restrictions, maybe they will just deny the case, as the mandamus requires them to make a decision (but it does not require that they grant the case). I would suggest waiting to see how the asylum offices deal with mandamus cases before you file, as there is not much reason to file a mandamus if it is guaranteed to result in a denial. Take care, Jason
Hi Jason,
https://www.uscis.gov/newsroom/news-releases/uscis-implements-additional-national-security-measures-in-the-in-the-wake-of-national-guard-shooting
Could you tell me more about this article, it mentions “pending or filed on or after Nov. 27, 2025”.
Any application that is currently pending is affected, and so basically, if your case was filed years ago and is still pending, it is affected. If the case has already been decided, it is not affected (however, USCIS has said it will be re-examining certain cases that were granted during the Biden Administration). Take care, Jason
Even people with green card in hands? I have heard from some lawyers that green card holders will not be safe if they got their green card in Biden era through asylum, they will be re-examine if they are from those 19 countries.
There is no substantive news yet, but it does seem that they intend to look again at people from “banned” countries who got green cards during the Biden presidency. What they will actually do, we do not know. Take care, Jason
When mailing additional to add to a case do the applicant have to write a cover letter explaining why they sending additional documents? Also, how the applicant will know the documents are received and added to the case?
Lastly, do the applicants also have to send a copy of the receipt they receive from USCIS with the additional documents so they know where to attach them?
If you think a cover letter will help, you should send that. Also, include a copy of your receipt from USCIS so USCIS can hopefully match the new mailing with the pending application. Send it by certified mail and keep the proof of mailing/receipt. Also, keep a copy of everything you send. That way, if USCIS loses it or fails to match it with the pending case, at least you have proof that you tried to make the correction. USCIS generally will not acknowledge that you sent additional evidence and so you will not have any proof that what you sent was received. You should bring a copy of the mailing to any future interview, just in case USCIS did not receive it. Take care, Jason
Hi Jason. Is it ok for someone to mail additional documents such as school record to USCIS to demonstrate good moral character after the application was submitted 2 months ago? Or providing additional explanation for a yes or no question? The portal doesn’t give the option to upload in this case because it was not added to the application. I was wondering if it not gonna have a negative impact on on the case base on this noises.
Generally, it is best to wait for USCIS to ask you for additional evidence before you send that. However, if you think you made a mistake in the original application or you think a yes/no question needs to be explained, you can mail that to them. Send a copy of the most recent receipt from USCIS and send your letter to the address from USCIS that last sent you mail. Also, send it by certified mail and keep the proof of mailing/receipt. Also, keep a copy of everything you send. That way, if USCIS loses it or fails to match it with the pending case, at least you have proof that you tried to make the correction. Take care, Jason
Hi Jason,
I first arrived on F1 visa but then became an Asylee and a permanent resident. She. Should I say when asked when did I arrive in the US? Is it from the moment I became a permanent resident, an Asylee, or when I first arrive as a student?
Thanks,
It depends on the question. I think if USCIS is asking, you should give the date you think best and maybe let them know about the other dates as well. In many cases, the question is about the most recent entry into the US, and so you could give that date, but you may also want to mention the prior dates, just to be on the safe side. Take care, Jason
Hi Jason and everyone
Has anyone had experience traveling abroad with RTD while green card is pending?, please share your experiences here, i booked a flight to go to third country visit my family after 10 years but i am so scared now if i want to cancel it it cost me a lot also i do not now when will be mext time i will be available to go, please advice me????
I have not heard about anyone with a valid RTD being denied re-entry or face problems upon re-entry. Some people who re-enter with an RTD are sent to secondary inspection, but I know of no examples where such a person was denied entry or detained. Take care, Jason
Hello Jason,
Is green card processing for asylee is on hold again???
Hi my friend, I’m also looking forward to hear any news about pause on asylum based greencard. I filed last year October and didn’t hear it back since then.
Based on the announcements I have seen, it is only on hold for people from banned countries. In the wake of the National Guard shooting, we will see additional restrictions, but at this point, it is too soon to know how those will affect GC applications. Take care, Jason
Hi Jason, I was going to file mandamus for my pending case. I am from a banned country and with the recent news, do you think i should hold off on that for now? Do i even have a chance of winning in this administration?
It is still possible to win a case (we just received approval for someone yesterday, though presumably that decision was mailed before the most recent announcements about a crackdown on asylum decisions). It is also unclear what the asylum office will do if they are ordered to make a decision based on a mandamus case, but they have decided not to grant cases for the time being. They could just decide to deny the case in order to make a decision, but I do not know. I would probably wait a bit to file a mandamus, to see how the new announcements are turned into actual policies. Once we know more about what is happening, you can better assess whether a mandamus is a good idea. Take care, Jason
Hi Jason, I had my interview at USCIS a couple of weeks ago, but no decision is announced yet. Do you think today’s USCIS announcement on pausing to enter all decisions might affect me as well, as someone who has already been interviewed? I have a friend who got his decision in as early as one week after being interviewed this month, just wondering why mine took two weeks so far. Thnxs
The only restrictions I have seen announced relate to asylum cases and to people from banned countries, and so if you have a different type of case and are not from a banned country, it may go forward. Of course, diverting resources for additional vetting of some people may slow down decisions for all people, but we will have to wait to see how these new announcements are implemented. Take care, Jason
Hi Jason, what do you think about https://www.cbsnews.com/news/national-guard-shooting-dc-us-asylum-decisions-pause/ – pause all asylum decisions – I have a pending application, no interview yet – it says officers can schedule interviews, but can’t issue decisions – what can it mean in practise. With ICE detaining everyone – and pause being put on asylum applications – can this be challenged in court?
I expect it will be challenged in court, at least by some individuals. It is basically non-sensical in my opinion, as such people are already vetted far more than most immigrants. What magic new vetting ideas the Trump Administration has, I do not know, but I expect this is mostly about causing people pain to deter them from pursuing their cases or staying in the US. Take care, Jason
Hi Jason,
I came to the U.S. in 2013 on an F-1 visa. While continuing my education, I applied for asylum due to events in my home country, and my asylum was approved in August 2025.
In my situation:
• I am not in a travel ban category,
• I have no criminal history in my home country (not even a traffic ticket),
• I do not pose any security risk,
• In 2020, I was in a car accident and underwent lumbar fusion surgery, and I was on workers’ compensation,
• The only benefit I have received is Medicaid.
Considering recent events, would applying for a Green Card be problematic for someone like me, whose asylum is approved, has a clean record, and whose only benefits have been Medicaid and workers’ compensation?
Thank you,
Mehmet
I do not think the new changes would directly affect you (though we do not know exactly what those changes will be or how they will work in practice). However, I do expect that the changes will cause delay for everyone at USCIS, and so it may take longer for your GC to be processed. Otherwise, at this point, I do not see any changes that would affect your case. Also, so you know, you do not have to wait a full year after winning asylum to file for the GC. Most lawyers recommend that you wait at least 6 months. I wrote about this issue on February 6, 2023. Take care, Jason
Hello Jason,
My wife applied for removing condition on her GC (spouse of citizen) and still waiting for almost 8 months for interview or approval. She is from one of those band countries. Do you think these new policies changes will jeopardize her status?
Thanks
We will have to see how the policy is implemented, and what additional evidence USCIS wants from her. I do expect that, at a minimum, the changes will cause significant additional delays for many people. Take care, Jason
Hi Jason,
It looks like USCIS updated its policy manual https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20251127-Discretion.pdf
Based on the language, it seems the focus is on discretionary adjudication. Granting more power for officers to deny cases while considering country specifics as a negative factor. The policy update also keep positive factors in effect. Nothing is the manual suggests a swift system denial of nationals from the “banned countries” what is your opinion?
I am still not sure how this will work in practice. Is there an assumption that anyone who is legally eligible for an immigration benefit will be denied as a matter of discretion if they are from a “banned” country? If so, how much positive evidence is needed to overcome that assumption? At this stage, I think people need to start thinking about what positive evidence they can present to overcome the negative factor of country of origin. The saddest part here is that none of this makes much sense. It is basically impossible to predict future behavior, especially where the person does not have a criminal history. It seems to me that if we are concerned about vetting, a better approach would be to require letters from a few people who know you, and conduct interviews with those people to flesh out the letters. This would significantly delay immigration and increase costs, but at least it would be related to the problem of trying to determine whether a person is a potential danger. Also, of course, given the very low rates of criminal conduct by immigrants, and given their very positive contributions to our society, this whole exercise is a sad manifestation of the current Administration’s lies and prejudice. Take care, Jason
Hi Jason,
I am an Afghan national with a US green card based on asylum. I travelled to Europe with an RTD. I will be returning to the US by Sunday/Monday. I also have a Global Entey card.
Do you think I will face issues at the airport upon arrival in light of of current situation?
How can I contact you or an immigration attorney in case of immediate need? Considering the Thanksgiving weekend, I have a hard time figuring out who I should contact should there be a need.
I truly appreciate your update. I tried calling your law office number but it doesn’t work since there is a holiday.
Regards
At this point, there is no indication that green card people from Afghanistan will face restrictions upon arrival. USCIS says it will review GCs from Afghans, but that process is separate from the border/airport, and would not affect you. I have not heard about restrictions upon entry, at least not yet. That said, if you need to contact us, you should be able to do that from the main number listed on the website. You can also email me directly (Jason@MurrayOsorio.com). The best thing is to have a friend or family member who is in the US and who has your info (copy of green card and access to any other immigration documents in your possession) who can contact us if something goes wrong. I think it is unlikely you will have a problem re-entering, but it does not hurt to have a friend who can access your immigration documents and who is available to assist, just in case that is needed. Take care, Jason
Thank you, Jason. This is noted. I will keep fingers crossed and shared your email and supporting evidences with a contact.
Hi Jason,
I am from one of the ban countries and i do have RTD and I-485 pending, is it safe to travel to third country visit my family in this situation???, thank you so much.
The travel ban does not affect people with asylum or refugee status and the new policy changes we expect from USCIS do not affect your ability to re-enter the US. As long as the RTD is valid, you should be able to return. Keep an eye on the news while you travel, just in case things change, but for now, it does not seem that there is anything blocking you from returning. Take care, Jason
Happy thanksgiving to all of you,
I want to tell all of you guys including myself who has green card application pending, do not expect any movement and good news for next three years, whoever is waiting for any kind of approval from USCIS i mean mostly all application specially Green card and asylum pending will nit grt result innext three yeasr if you think that way you will be release and you will be out of anxiety so sorry for all of us????
It is a bad situation, but we will have to see how the new policies are implemented and if they are blocked by courts Hopefully, the effect will not be as bad as we are fearing. It is very sad to see many innocent people being harmed due to the ignorance and prejudice of the current Administration. Take care, Jason
Hi Jason,
I’m a month away from applying for citizenship and I am from one of the “banned countries” do you think it’s still a good idea to apply? I was already prepared to show good moral character in my application but this is really soul crushing. Not sure what to do.
Supposedly the new policy will not apply to citizenship applications, but if USCIS will now be re-examining green cards for people from banned countries, that may delay your ability to become a citizen. We do not know how the new policy will look, but I expect we will know soon, and so maybe by the time you are ready to apply, we will know more and you will be able to make a more informed decision about how best to proceed. Take care, Jason
Hi , happy thanksgiving day!
what do you think about the most recent news
Trump orders review of green card holders from 19 countries ????????
We will have to see what that actually means and how it will be put into effect. It seems a solution in search of a problem (as usual) and so I doubt it will make us safer in any way, but it will certainly harm many vulnerable people. Take care, Jason
Hi Jason and Happy Thanksgiving, I don’t know if you have read this news but it is really frustrating, Trump administration will re-examine green card holders and all granted asylum in Biden era from 19 countries that are in the travel ban
https://www.google.com/amp/s/www.bbc.co.uk/news/articles/ckgl8j24ky1o.amp
I think there is still no official announcement about this and we have to wait to see how things look. I do not know where they will get the resources to review the decisions or what the criteria will be to review decision or grant cases for people from travel ban countries. Will have to wait to learn more when (and if) these policies go into effect. Happy Thanksgiving, Jason
Hi Jason,
Happy Thanksgiving.
Me again. Please let me know if you can help me.
I wrote to your personal email regarding representation of my asylum case in immigration court couple of months before. I want to follow-up now since I received my referral letter from Asylum office. Let me know how we can meet or talk more. Thanks
I will check my email and respond tomorrow. Happy Thanksgiving, Jason
Happy thanksgiving to you and your family Jason,
I came across the new federal court ruling by judge Sykes out of California that certifies a “bond-eligible” class for certain noncitizens. Does this ruling apply to someone who entered and was briefly detained at the border before being released on his own recognizance? And more generally, is this a final ruling, and can detainees now request bond hearings in all states?
Thank you
Happy Thanksgiving to you too. I believe the ruling applies to people who entered at the border and it applies nationwide. I have not heard about an appeal of that decision, but I expect the government will appeal, and so the situation could change at any time. For now, though, people who entered at the border should be eligible to request a bond (whether they get a bond and how much that is, depends on many factors). Take care, Jason
Hi Jason,
I am from one of the countries affected by the ban. I submitted my asylee-based green card application in September 2024. I was asked to submit my medical documents by March 1st, which I did, and they confirmed receipt. I was told this usually means the case is in its final stage and that the background checks have already been completed.
I’ve been waiting since then, and I’m wondering whether this new policy might affect my case at this point. Honestly, I’m not sure what more they would need, especially since applicants from my country typically undergo very extensive background checks.
Thank you.
We don’t know what they will ask for, if anything. However, if your country of origin is now considered a “significant negative factor,” you may be asked to submit positive evidence about yourself to overcome that negative factor (as discuss in the above article). You may want to start thinking about that, just in case they asked, but since we really do not know, there is not much to be done at this time. Sadly, due to the shooting yesterday, if you are from Afghanistan, you can expect even more delays, as Afghan cases are currently on a separate hold. Take care, Jason
Hi Jason,
“ For the time being (at least until the new policy goes into effect), it seems that the Asylum Offices are “holding” asylum grants from banned countries. Once (and if) the policy is implemented, we will get a sense of its impact.”
In other words, the policy is already being implemented. We just withhold the burden of having to explain ourselves. Got it.
It seems the policy is not being implemented. As I understand the policy (based on the NY Times article), the decision-maker will view country of origin from a travel ban country as a “significant negative factor” when deciding whether an asylum seeker deserves asylum as a matter of discretion. This may cause some cases to be denied or delayed. The current delay appears to be because they are waiting for the new policy to be implemented. That is just my speculation, though, as I am trying to reconcile what I learned from the asylum officers with the information in the Times article. Take care, Jason
Happy thanksgiving Jason,
If someone deserves to be thanked in this season, it’s definitely you.
I’m sure you’ve heard of the tragedy that occurred in Washington today. The perpetrator seems to be an Asylee from Afganisthan. The administration has not wasted time and instructed all immigration benefits from people from Afghanistan to be paused (how is that even legally possible?). My heart goes out to the victims and their families. That being said, this seems like political theater and recuperation. The facts are not out yet but the reaction was swift. Immigrants “legal” or “illegal” are not safe as long as Trump is in office. I expect the demagoguery to become more intense in the next few years. May this community stay safe. And keep the dream alive.
Certainly any time an immigrant does something wrong, all immigrants are blamed. In my estimation, that is idiotic. There are probably about 20,000 murders per year caused by guns, but when a white person commits the violence, we don’t blame all white people. Worse, the current Administration is causing great suffering, stress, and desperation among immigrant communities. Attacking communities in this way pushes people beyond their limits, and some may react by committing crimes. Perhaps if the government looked for all the supposed “criminal illegals” in a more targeted way with less collateral harm, fewer people would suffer and the overall temperature would go down. Sadly, though, pushing communities in this way is part of their plan and if some non-citizens react by committing violence, they can use that as further justification for their policies. Of course, at this point, we have no idea about the shooter’s motivation, but to this Administration, that is irrelevant. Also irrelevant is highlighting all the positive contributions made by immigrants and alleviating the harm the Administration is doing to non-citizens. Take care, Jason
Absolutely, I believe Afghans already go through extensive vetting for Asylum. There is no process that could possibly stop violent individual acts with a 100% certainty. I’m seeing this as they will just sent applications from Afghan nationals to the limbos. If even work permits cannot be process based of your nationality what are you supposed to do? This is just the testing ground to indefinitely suspend immigration from all countries for any reason. That was the plan all along. It’s so sad that we’ve got to the point where even a naturalized citizen must walk on eggshells. I remember the days congress was debating the possibility of immigration reform and bringing people out of the shadow with a path way to citizenship. It seems like it’s not the same country anymore. All this because the price of eggs went up; or maybe because the US is incapable of electing a woman.
Sad but true. On the other hand, I guess we need to try to celebrate what we can, and so I wish you a Happy Thanksgiving! Take care, Jason
Hi Jason,
I wrote to your personal email regarding representation of my asylum case in immigration court couple of months before. I want to follow-up now since I received my referral letter from Asylum office. Let me know how we can meet or talk more. Thanks
Hi Jason, Happy Thanksgiving to you and your family. Thank you for using this platform to answer our questions.
I’m currently facing a problem. I filed an appeal order with San Francisco after my case was backlogged for four years, but the judge gave the government lawyer a deadline of October 2nd, 2025. That day, the government offices closed, but the government lawyer emailed my lawyer on October 6th saying she went to the immigration office to request a my interview time. Apparently, the immigration office didn’t grant this. Now the government offices have reopened, but there’s still no information about my case, and the judge hasn’t given a new deadline. What should I do in this situation? Thank you.
Most immigration offices did not close during the government shutdown, so I am not sure what happened. It sounds like maybe you filed a mandamus lawsuit to get an interview at the asylum office? If so, your lawyer can reach back out to the government lawyer to try to get the interview scheduled. If the government lawyer fails to respond, your lawyer can ask the judge for assistance. Happy Thanksgiving, Jason
Happy Thanksgiving again to you and your family. Yesterday, my lawyer told me that the government lawyer had gone to the San Francisco Immigration Bureau twice to request an interview appointment, but without success. The lawyer said to wait for the government lawyer’s final conclusion, and then we can choose whether to withdraw the lawsuit or continue. The lawyer said she would choose to withdraw the lawsuit. What’s your advice? Recently, there have been cases in San Francisco where the Immigration Bureau transferred remand orders to court, so my lawyer is worried. What’s your opinion on this matter? Thank you.
Happy Thanksgiving! I do not know much about the practices of the SF asylum office, and so I would follow your lawyer’s advice. It may be that the asylum office there is backlogged even for mandamus cases, but I do not know. I think before you withdraw the case, you should have your lawyer explain to you why that is a good idea – it is important that you understand the situation so you can make the best decision about what to do. Take care, Jason
Jason morning
Thank you for your reply. The lawyer is worried that if we continue to sue the immigration bureau, they might transfer my case to immigration court. Do you think this is likely? Would it be feasible to withdraw the lawsuit and then revoke the application? Thank you very much.
If the case is not strong, maybe you don’t want an interview and you want to drop the mandamus lawsuit (assuming that is what is happening, as I am still not completely clear about your situation). However, you can only withdraw the case if you have some other status or if you leave the US. Otherwise, if you withdraw, you will be referred to court. I wrote more about withdrawing on December 7, 2022. Take care, Jason
Regarding the article you shared “Trump administration orders review of Biden-era refugees”
Is it only for refugees who are typically granted outside the US and entered US with refugee status or does this memo apply to asylees as well who were approved inside the country and they are not from the list of banned country?
That article only refers to refugees who entered during President Biden’s term. The article does not indicate that asylum grants during President Biden’s term will be reviewed, and I have not heard about any effort to try to do that. Take care, Jason
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.
Looks like USCIS decided not to intervew you affirmatively and put you in removal proceeding and started defensive process. You should check the charging documents and do a FOIA, to get more details.
Yes – the FOIA (Freedom of Information Act request) is a good idea. There is a link under Resources called FOIA USCIS that has more info. Take care, Jason
The Asylum Offices seem to be referring some people to court without an interview and it is not clear why. In some cases, these are people who entered the US at the border and should have been sent to court, but were not. In other cases, it is not clear, and some cases may also be sent to court erroneously. But even if it is a mistake, I am not sure whether it can be corrected and it may be that you have to do the case in court. Talk to a lawyer about the situation and maybe the lawyer can determine why the case was sent to court and what are the next steps. Take care, Jason
Hi Jason,
I am a little confused. Say a person from one of the fully banned countries has an asylum case pending before the current Trump administration (so they didn’t apply recently).
Will they also be impacted by this?
As I understand the current situation, a person from a banned country could not currently be granted asylum. They could be denied. Or if the Asylum Office wants to grant their case, they would have to wait until headquarters gives the OK. When and if the new policy goes into effect, they may need to provide evidence of good moral character or other positive evidence to overcome the “significant negative factor” that they come from a country the current Administration does not like. Take care, Jason
Hi Jason,
What about asylee who granted by US here from ban countries and have pending green card application? , what are your toughts?, thank you so much in advance.
We do not know whether the new policy will affect such people. As I mentioned in the article, the plain language of the travel ban says it does not apply to asylees, but the new policy may not exactly mirror the travel ban, and so we will have to wait and see. Take care, Jason
Hi Jason. If they implement these restrictions on asylum applicants from banned countries, then what is the next? Are they going to hold those potential approvals for ever? or are they going to deny them just because they are from a “banned” country? If they are deporting those asylum applicants, isn’t it against constitution? Isn’t it abolishing US asylum law?
We will have to see exactly how the new law looks, but I do think it could be subject to court challenges. Asylum seekers have fled from countries with bad governments, and so punishing them because they originate in such countries seems contrary to the fundamental principles of asylum. Take care, Jason
Hello Jason. What do you think are the chances that this new policy will be challenged in court? And how likely is it that the court will block this new policy? Thank you.
I expect it will be challenged as “arbitrary and capricious” under the Administrative Procedures Act, which limits how an agency can implement the law. Whether that will work, I do not know, but it seems to me that there is a good argument that people fleeing from bad governments should not be punished further because they are from a country that had a bad government. Asylees have already been vetted, and it is hard to imagine what further vetting can be done, or why country of origin should be considered a significant negative factor in determining eligibility for asylum or a green card. So hopefully, the rule will be blocked. Of course, at this stage, we do not even know what the rule will be, and so we will have to wait to see what USCIS does before we can really evaluate this policy. Take care, Jason
Hi Jason, have you seen any asylum approvals for Afghan applicants since the travel ban?
Yes, though the most recent one I can remember was in court a few weeks ago. This year, I believe I also had some Afghan approvals at the asylum office, but those may have been before the travel ban (and as far as I know, the “hold” on travel ban people is only a few weeks old). Take care, Jason