“Halting” Asylum and “Re-Examining” Previously-Approved Cases

After the terrible shooting incident last week where a CIA-trained Afghan national killed one member of the National Guard and critically injured another, President Trump declared that he would “permanently pause migration from all Third World Countries” and “remove anyone who is not a net asset to the United States, or is incapable of loving our Country.” He also vowed to “denaturalize migrants who undermine domestic tranquility, and deport any Foreign National who is a public charge, security risk, or non-compatible with Western Civilization.”

We do not yet have a full picture of how these words will be put into operation, but several government agencies have already announced new restrictions on asylum and on people from Afghanistan and other “banned” countries. Here, we’ll look at what has been said so far, and try to understand how the new policies will affect asylum seekers and asylees.

Some babies will grow up to be criminals. Therefore, all babies should be in jail.

We’ll begin with announcements from a few different agencies, mostly made via social media. USCIS Director Joseph Edlow writes that his Agency “has halted all asylum decisions until we can ensure that every alien is vetted and screened to the maximum degree possible.” In addition, the Agency plans to “Reexamine Every Green Card from Countries of Concern,”  and will “re-interview… 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 be viewed as a “significant negative factor” when USCIS evaluates eligibility for asylum, a Green Card or other immigration benefit. 

The Department of Homeland Security tweeted, “Effective immediately, processing of all immigration requests relating to Afghanistan nationals has been stopped indefinitely pending further review of security and vetting protocols.” The Administration is also considering widening the existing travel ban, or in the eloquent words of the DHS Secretary, “I am recommending a full travel ban on every damn country that’s been flooding our nation with killers, leeches, and entitlement junkies.”

The U.S. State Department declared that it “has IMMEDIATELY paused visa issuance for individuals traveling on Afghan passports.”

The justification for these changes stems from the Trump Administration’s contention that President Biden “spent the last four years dismantling basic vetting and screening standards, prioritizing the rapid resettlement of aliens from high-risk countries over the safety of American citizens.” Never mind that the evacuation of Afghan allies had bi-partisan support or that the National Guard shooter was granted asylum during Mr. Trump’s presidency. Also, refugees receive more vetting than just about any other group of immigrants, as do asylum seekers, though there has always been room for improvement.

The question now is, How will these changes actually affect asylum seekers, asylees, refugees, and Green Card holders?

Perhaps the most unprecedented announcement here is that many people who already have status in the United States–asylees, refugees, and Green Card holders–will have their cases “re-examined.” This seems to include anyone admitted as a refugee or who received asylum during President Biden’s term, as well as asylees and Green Card holders from “banned” countries.

It’s difficult to know how this will work in practice. It sounds like USCIS is planning to re-interview the 233,000 refugees who arrived in the United States during President Biden’s term. But what about everyone else? Will such people have to re-apply for benefits they already received? Will they be interviewed again? Or perhaps there will be an internal review, and USCIS will only reach out if a case seems suspicious. Also, who at USCIS will re-examine all these cases? Presumably, it will be Asylum Officers or USCIS officers. Will diverting these workers from their current tasks cause other cases to be delayed? And what about people who received status through the Immigration Court? Who will review their cases? While I do not have answers to these questions, I do know that re-examining hundreds of thousands of cases will be a monumental task, and will likely take years. 

In addition, the Asylum Office (which is part of USCIS) has halted decisions in all asylum cases, at least until additional vetting measures can be put into place. From the limited information available, it seems that interviews will continue, but decisions will not be issued. How long this pause will last, and what additional vetting measures might satisfy the current Administration, we do not know. 

USCIS is also pausing adjudication of all immigration forms, and all naturalization ceremonies, for people from “banned” countries, at least until vetting is increased. Further, as I wrote last week, for people from “banned” countries, their nationality will be considered a “significant negative factor” when adjudicating their cases. 

Finally (for now), Afghans are subject to collective punishment due to the acts of one individual. All visa processing has been stopped. This presumably includes SIV applications, I-730 follow-to-join petitions, and all other immigrant and non-immigrant visas. Also, “all immigration requests” at USCIS are being stopped. Whether that includes work permit applications, and how long any of this will last, we do not know.

Given all these rapid changes, what can you do to protect yourself? First, make sure you have a copy of your case and all your documents. If not, you can request your file through the Freedom of Information Act from USCIS/the Asylum Office and the Immigration Court. Also, know your rights and have a plan in case you encounter ICE. Lastly, although it is not easy, try to find ways to be happy and live your life. I wrote more about the importance of taking care of yourself here

Although we do not yet have evidence of the National Guard shooter’s motive, the Trump Administration has wasted no time in using the attack to justify further cruel–and likely ineffective–restrictions on immigration. For those targeted by these new measures, keep in mind that it is not easy to revoke asylum or a Green Card, or even to deny asylum where a person is clearly eligible. Also, remember that you are not alone. Many, many people support you and are working hard to oppose the Administration’s brutish agenda. We will do our best to get through this difficult time together.  

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134 comments

  1. Hello Jason

    I would like to get your thoughts on something. As we know, under the Trump administration, we are no longer surprised by any news regarding immigration. I received the receipt for my asylum application in August 2017, and the file was sent in June 2017. Since I entered the country on a tourist visa, my six-month legal stay period ended on May 26, 2017. I’m not sure whether the date the file was sent or the date it was received by USCIS is used as the basis, but I was out of status for a very short period, maybe one to three months until August 8th 2017 which is receipt date of case by USCIS. I am currently Green Card holder for 3 years. I have not traveled abroad since entering the country. My question is, if I travel abroad, could my past 1to 3 months of being out of status cause problems when I return to the country? We now have to consider and take into account such fine details. Thank you in advance for your response and for your time.
    Best regards

    Reply
    • I have never heard of a situation like this being a problem, and I highly doubt it would be. The asylum and GC approvals have erased that minor issue, and even if they had not, a period of unlawful presence that is less than 6 months has no legal effect. And so I think you should be fine to travel and return with the GC. If you are worried about it, you could apply for a Refugee Travel Document (form I-131, available at http://www.uscis.gov), which works like a passport and allows you to re-enter the US (though with a GC, you can re-enter the US anyway, as long as you do not remain outside the country for 6+ months). The problem with the RTD is that it probably takes a year or more to get it, and it is only valid for one year. Take care, Jason

      Reply
  2. Hi. Jason

    Thank you again for everything you do for us asylum seekers.

    I would like to ask, my mandamus petition has been pending for two months past the deadline given by the judge, and I still haven’t received any news. I suspect this is because my case is tied to another client of the same lawyer, and he hasn’t been in San Francisco for four years yet. Should I withdraw my current petition and resubmit a new mandamus petition? Does the current suspension of in-person interviews by the immigration office also apply to mandamus cases? I’ve seen other lawyers say that judges can actually disregard this suspension.

    Reply
    • If the USCIS is not complying with the mandamus judge’s deadline, I think you need to inform the mandamus judge and ask that judge to take action. Asylum decisions are on hold, and so maybe that is the issue, but my understanding is that the asylum offices are communicating with the courts about the hold, and are asking for extra time. Maybe this happened in your case, but if it did, your lawyer should know about it. Also, so you know, interviews are not on hold; they are going forward normally. The only thing on hold is the final decision. Take care, Jason

      Reply
  3. Dear Jason

    As Afghanistani citizens i apologize everyone- bt let me be clear that Afghanistan has four ethnicities Pashtun, Tajik Hazara and Uzbik.

    Pashtun is the most the extremist among all other ethnicities and all crime committed across the globe by afghan citizens refer to Pashtun ethnicity- Hazara have been persecuted by Pashtun over the course of the history and i escaped the same people-

    Taliban are pashtun, unfortunately when during withdrawal over 90k Pashtun were evacuated without vetting and this will causes problems- Pashtun doesnt like western culture,

    While Hazara n other ethnicities are very assimilated

    Reply
    • I don’t think you need to apologize. Afghans have bled and died to work with the US and support US troops. We have treated them pretty badly and not given them the support they need. For example, we did we evacuate people but not give them a clear path to permanent status? Also, we do not know the motive of the attacker, though it would not be surprising if he had mental health issues given his prior experience in Afghanistan and his unstable status in the US. Finally, my experience is that while the Taliban are mostly Pashtun, there are many other Pashtuns who were working hard to help their country and to help the United States. If we start blaming groups of people for the actions of the individual, it will definitely not lead to a good place for anyone. Take care, Jason

      Reply
  4. Hello jason. Do you hear anything about the mail about ICE sending to people with pending asylum cases? In the mail its just one page with purpose written as “you case review and and also asks to bring any docs with you including passport”.

    What is the most probable outcome after this mail by ICE? Also the case is not in immigration court yet. Thanks so much jason.

    Reply
    • I have not seen that, but ICE is very untrustworthy and so certainly you would want to be careful. Maybe talk to a lawyer about the letter and the specifics of your case to see whether you might be vulnerable to being detained, or of having your asylum case dismissed and jurisdiction for your case moving to Immigration Court. Red flags might include entering the US without a visa or if you have a criminal history. Take care, Jason

      Reply
      • yeah entered via Mexico border without visa. Do you think it is the process of removing or maybe detention?

        Reply
        • I think there is a risk of detention. Based on recent policy changes, most everyone who entered without a visa at border is subject to mandatory detention. There is currently a legal fight about that and also there is limited bed space, and so I think detention is not guaranteed. However, it is definitely possible. Also, if you were ever served with a Notice to Appear (NTA), the Asylum Office will likely determine that it does not have jurisdiction over your case and send it to Immigration Court without an interview. I think you would certainly want to talk to a lawyer about specifics. I also think you should gather your evidence and prepare your case as much as possible, so that you are ready to present the case in the event that you are detained. Hopefully, you can avoid detention, but it is better to get prepared just in case that happens. Take care, Jason

          Reply
  5. Hello Jason! I hope you’re doing great!

    I have a question regarding the new USCIS declaration on nov/4/2025 shortening the length of EADs validity from 5 years to 18 months. It says that refugees and Aliens granted asylum are among the affected categories.

    Does this mean that refugees and asylees are no longer authorized to work immediately without restrictions and now must apply for EADs first?

    Is work authorization no longer incident to their status ?

    I am confused because I was granted asylum a while ago and have been working without a physical EAD card since my asylum granted status authorizes me to legally work without one as it cleared says on my asylum approval letter. I only show my employer my i94 , my unrestricted social security card and driver license ID.

    I went through the uscis website looking for details but I can’t find anything, would continuing working be a good idea?

    Thank you

    Reply
    • I do not know why EADs for asylees and refugees have been limited to 18 months, as such people do not need an EAD to work legally (see http://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/73-refugees-and-asylees). Presumably, it is part of the effort to harm such people, as life is easier with a valid EAD. Take care, Jason

      Reply
      • Thank you so much for the reply!!
        Do you think asylees and refugees who do not get an EAD and continue working will be breaking the law? even though on this USCIS page it says clearly that we are authorized to work regardless?
        I am afraid to jeopardize my future benefits applications so I don’t know how to proceed. Plus im from one of the 19 banned country, so even if I applied today it’s useless.

        Thank you!

        Reply
        • If refugees and asylees (people granted asylum) work without a valid EAD that is allowed – they are legally permitted to work based on their status and do not need an EAD. Also, we do not know whether people from banned countries will be denied an EAD renewal, and if USCIS is denying EADs for these people, we do not know how long this policy will last. For these reasons, if you want to apply to renew, I think it is worth trying. The EAD may be delayed, but you should ultimately receive it. Take care, Jason

          Reply
  6. Hi Jason,

    I have a pending asylum application since 2018, and today the status of the case changed to Your application with USCIS is pending, which could mean nothing – but also could mean that USCIS is preparing to call me for interview. What is the current process – with all asylum decisions being put on hold, are asylum seekers being called for interview? does USCIS refer them to court or holds off decision? What are the chances of being detained by ICE after interview? Sorry for so many questions.

    Reply
    • I think the change in the online status has no meaning (a number of other people have reported the same change in these comments). However, you never know, and it does not hurt to review your case and make sure you are ready, just in case you are called for an interview. The Asylum Offices are still interviewing people, but they are not issuing decisions, and so the officers can basically complete the cases, but the decisions–whether to grant, deny or refer to court–are on hold. Also, I have not heard about affirmative asylum seekers being detained, except for people with criminal convictions. There may also be some risk for people who arrived at the border and ended up at the Asylum Office, but I think for those people, the more likely situation is that the case is just removed from the Asylum Office and sent to Immigration Court without an asylum interview. Take care, Jason

      Reply
  7. My wife’s pending asylum since 1/2/2018 used to be “Next step is an interview”
    Today 12/08/2025 changed to be “your application is pending”
    What does this mean please? We are scared.

    Reply
    • Same here. Applied in April 2016, had an interview in Sept 2024. Decision pending since and it changed to application pending today. I’m getting scared now…

      Reply
      • I do not think you need to worry about this, as the online messages are often not accurate. Worst case is that they need a second interview (which I doubt) and if so, they will send you a notice. Take care, Jason

        Reply
    • I am just re-posting what I wrote to Kayra, as it is basically the same question: I think the change to the online message is meaningless, as I have seen that before and it does not seem to indicate any actual change to the case. That said, since they tell us very little, I do not know for sure. There are some examples of cases being sent to court without an interview, though these seem mostly to be where the person entered the US at the border, was served with papers to go to court, but the court case was never initiated. That said, interviews are relatively unpredictable, and so maybe the change indicates an interview will come soon. Since that is possible, you should make sure you have all your evidence and that your case is ready, just in case you do get scheduled. Also, so you know, they do not just deport people who have affirmative asylum cases; you would do the asylum case and if that is not successful, go to court. You would also normally have an opportunity to leave of your own accord, meaning you can go to any country where you have a visa, so I do not think you need to worry about getting snatched and deported. Take care, Jason

      Reply
  8. HI Jason
    I wanted to ask you a questions please.
    I received a notification that was an update on my case.
    Intially when i logged in i use to see words like ” next step is an interview” and it was like that since 2019.
    Just today when i logged in to my account, case status has changed to application is pending. What does it mean?
    Can they make a decision on a case without an interview as well.
    do we need to prepare for the worst?
    I do not have a passport and my embassy is not renewing it because i have applied for asylum.
    What can be done from here ?
    I do not want to go to my country of citizenship.
    But i do want go to go to my husband country.
    How will a family be treated? do you have any information you can share with us ?
    Thank you

    Reply
    • Same happened to me today. The difference is I had my interview Sept 2024. I’m even more confused now

      Reply
      • Not sure what is happening but it like everything is mixed in a bowl without any proper information being given.
        It is unbelievable.
        Application goes to pending only after someone is interviewed.
        We are not even interviewed as yet.

        Reply
        • Which office? Mine is Chicago

          Reply
          • I got a letter in the mail. and it is for removal proceeding Jason. It is possible to delay this date ?
            Can we exit the country without any issues and not going for the interview date. or should i recall the case and just be undocumented. until i arrange the passport to leave the country.

          • I am sorry to hear that. You can certainly try to win the case in court. However, if you do not want to do that, you can also try to delay the case; you can go to the first hearing and tell the judge you need more time to get a lawyer or get a passport. Once you have the passport, if you want to leave, you can ask the Judge for Voluntary Departure. You need a valid passport, money to afford travel, no serious criminal issues, and you need to promise the court that you will leave. Typically, if you ask for this at the beginning of the case, they will give you 120 days to leave. They may make you post a bond (maybe $500 or $1000) as a guarantee that you will leave, and after you leave, you can (hopefully) get that money back. The advantage of Voluntary Departure is that it avoids a deportation order, and that may make it easier for you to return to the US in the future, if you ever want to come back. Take care, Jason

      • Just got the letter i have an interview it says application for withholding of removal proceedings.
        1. Can we reschedule. or do we need to go to for the interview we have two kids and now we are scared they might arrest us on that day. it is possible?
        2. Can we leave the country before that?
        3. If we do leave can withdraw the case then or should we withdraw the case now or later.

        Reply
      • I think this shows how meaningless the online messages are, as your message probably makes no sense (unless they plan to schedule you for a second interview, but I doubt that is the meaning of your message). Take care, Jason

        Reply
    • I think the change to the online message is meaningless, as I have seen that before and it does not seem to indicate any actual change to the case. That said, since they tell us very little, I do not know for sure. There are some examples of cases being sent to court without an interview, though these seem mostly to be where the person entered the US at the border, was served with papers to go to court, but the court case was never initiated. That said, interviews are relatively unpredictable, and so maybe the change indicates an interview will come soon. Since that is possible, you should make sure you have all your evidence and that your case is ready, just in case you do get scheduled. Also, so you know, they do not just deport people who have affirmative asylum cases; you would do the asylum case and if that is not successful, go to court. You would also normally have an opportunity to leave of your own accord, meaning you can go to your husband’s country or any country where you have a visa, so I do not think you need to worry about getting snatched and deported. Take care, Jason

      Reply
  9. Hi Jason,

    Thank you for sharing your take on the recent changes.

    I am an Afghan national who received my green card through asylum. My spouse, who is not an Afghan national, she is an Indian national. She received her green card through being a derivative in my asylum case. A week after the DC attack, she had to travel to India for a family emergency together with my youngest daughter who was a US citizen by birth. I just read on the USCIS website that “effective Dec. 26, 2025, DHS will collect facial biometrics from all noncitizens, including green card holders upon entry and exit at airports, land ports, seaports, and other authorized points of departure.” She called me today and was worried whether she should reschedule her return flight to a date to enter US before December 26 to avoid unnecessary extra vetting/screening or extended hours of questioning by DHS or possibly ICE?

    FYI: She has all her documents with her, the green card, US travel document, Indian passport, and proof of her employment and my daughter’s school enrollment, as well as a doctor’s note (reason) for her short emergency trip to India (less than 30 days of stay outside the US) I appreciate your advice what should we do in this situation be better prepared. Thank you so much in advance!

    Reply
    • I do not have any details about that announcement, and so I do not know how burdensome it will be. However, it does not sounds like it will be very time consuming. If your spouse has a GC, she should be able to re-enter the US, and I do not see that this new rule will make a major difference. On the other hand, I guess we do not know for sure, and it would be nice to have a better idea about how it works before she has to do it. I am not sure that it is worth returning early, but she should get a better idea how things are working after it goes into effect, and then at least she should have an idea about what to expect when she returns. Take care, Jason

      Reply
  10. Hi there –

    I am confused as I read the fee calculator page on USCIS website; I cannot find the correct fee for the EAD renewal under A5 category. Not the initial, which was “free” (mine was lost on the way to me, so I had to re-apply anyway & pay for it). Is it $560, or is it $275?

    Thank you – also, “glad” it’d be valid for 18 months now.

    Reply
    • Yes – I am not sure why it is not there, but they do not make anything easy. Since it is not listed, you just pay the general fee, which is in the first row of the fee schedule, so $520 if you file by mail or $470 if you file online. If you filed the I-485 for your green card, then the EAD is $260 (see the second line of the fee schedule). Take care, Jason

      Reply
  11. Hi Jason,

    I’m a green card holder charged with abandonment and is in removal proceedings. I am planning to marry a USC and readjust my status. Can I ask if this is possible?

    Reply
    • It is possible. You would want to talk to a lawyer for help on the case, as you may have a case to fight the abandonment. At the same time, you would pursue the adjustment of status, starting with your spouse filing the I-130 once you are married. One problem is that you have to wait for USCIS to process the I-130 and if the Immigration Court is not willing to wait for that, you will have to pursue some other form of relief (such as fighting the abandonment) or maybe leave the US with Voluntary Departure and then return later with the new, marriage-based Green Card. All this should be discussed with a lawyer so you know your best options. Take care, Jason

      Reply
  12. Hi Jason,

    I am from Afghanistan and applied for i-485 just last month. So this halt means I will not be given any receipt of my application filed? or they will continue as normal and probably will not give our green cards until they re-examine or whatever they say? Could you plz explain my situation and yes I am a refugee who cam here in US in 2024.

    Plus we dont know how long its going to take for my green card since this pause has been put for afghans after that incident. What do you think that how much time its going to take until they reach a decision that yes everything is okay with your case. Thanks Jason as always for your work.

    Reply
    • @RESPONSE; I am not Jason but i am sure Jason will respond to you. Your rhetoric is not acceptable in this forum. You can not hate on your fellow immigrant. Its uncalled for, primitive and backward

      Reply
    • You should get a receipt. The issue is that you cannot get a decision. How long the pause will last, we do not know. Also, we will have to see whether they re-examine asylum or other already-approved applications, and how that will work. There are still a lot of unknowns, but I do expect you will get your receipt soon. Take care, Jason

      Reply
  13. @Jason, I want to hear about your opinion regarding how SC court will rule on birthright citizenship.

    I understand your personal take is that the constitution is plain and BC is protected by the constitution.

    However, I guess I am curious to hear how do you think the 9 justices will rule ?

    Thomas and Alito obviously will rule in favor of of the EO

    KJB, Keagan and sotomayor will rule against the EO.

    So how will ACB, kavanaugh, gorsuch and Roberts rule in your personal opinion ?

    Reply
    • I really do not know. The language of the 14th Amendment is pretty clear, but if they want to end birth-right citizenship, I expect they can find a way. We shall see. Take care, Jason

      Reply
  14. Hi Jason,

    Thank you for helping our community!

    For pending women who are pregnant and expect after the May 2026 timeline when the Supreme Court is expect to decide on removing birthright citizenship, unless the parent is a citizen or permanent resident, what will happen to our babies when they are born? Will they be detained and deported as they don’t automatically inherit that pending asylum protections? Same for maybe four million pending humanitarian applicants who don’t have a status as well as other visa types like work visas. We see that they detain in masses pregnant women and separate them from the newborn babies in the hospitals. Even asylum seeking mothers with pending cases. What do you think, if you can elaborate. I understand no one is a fortune teller but let’s say the scenario is they indeed remove it fully or partially.

    Reply
    • Typically, you will not be able to get the accurate and specific answers you are looking for because I feel that in general, asylum advocates are ill prepared for this administration.

      They cannot seem to anticipate what’s going to happen and they don’t know what to do when things really happen. This has happened time and time again. I feel that asylum advocates can only help in Biden or Obama administrations. In the Trump or future Republican administrations, their capability in doing anything is reduced.

      So, in summary, not a lot you can do imho.

      Reply
      • Let me paraphrase. Let’s say an asylum applicant in the third trimester gets Advance Parole and goes to a third country. She delivers the baby in that third country. How can this baby be legally present then in the US? How can it enter the US? And this is what will happen after Jun 2026, so we’re trying to understand the history and the present in order to guess the future process after these changes take effect.

        Reply
        • If a baby is born overseas to an asylum seeker (who I presume would be overseas on Advance Parole?), the baby does not get the status of the parent and would have to apply for a visa to come to the US. I think the situation is not analogous and I think we will have to see what changes the Supreme Court makes (if any) and how those changes will go into effect. Take care, Jason

          Reply
    • I really do not know. I expect that if birthright citizenship ends, the baby’s status may depend on the mother. For example, if the mother s a student (F-1), maybe the child will be a student dependent (F-2), or if the mother is an asylum seeker, the child will be a dependent on her case. We really do not know, and we will have to wait to see how things develop. Take care, Jason

      Reply
      • In my opinion, SC will uphold birthright citizenship.

        Reply
  15. Hi Jason. I applied for asylum in 2015 (am the derivative). I applied for EAP last year October to travel to a third country to meet up my dad wo is unwell. They issued me a 30 day EAP. I travelled and re-entered without issues. Earlier this year I filed a writ of Mandamus and my interview was scheduled. We were interviewed in October in LA and we were waiting for the decision when the Pause happened. My country is not on the ban list. Now that the Pause has happened and nobody knows when it will end, is it safe to apply for another EAP to go take my dad for more medical procedures? Thanks

    Reply
    • I do not know the likelihood that USCIS will issue you Advance Parole, but certainly you can try. If they issue AP, you should be ok to travel and return to the US. The government is considering adding more countries to the travel ban list, and if your country is added, you should probably talk to a lawyer before you travel, just to make sure it is safe to travel and return to the US. Take care, Jason

      Reply
  16. Hello Jason ,
    I hope you are doing well. I am a TPS holder from a banned country, my TPS may not be renewed due the tendency of this administration to terminate TPS for many countries , my country is at war now , but there is no guarantee we will have our TPS extended , when I came to the country I came as visitor with my husband who filed asylum in 2015 and we had our interview in 2018 and we have not heard back from the asylum office , my husband had cancer and we went through a very hard time and he passed away in 2024 . He was the main applicant ,I kept my TPS and I did not file for asylum as I went through a very stressful situation waiting for a decision , I filed EB2 NIW last February and I have not heard back from USCIS till now . I am working as a teacher in a public school , my EAD will expire in March , I have two US citizen daughters , there is no way we can go live in my home country due to the war in all parts of the country and it is impossible to get any residency anywhere, I don’t know why this administration is spreading fear and distress , Are there any legal challenges that we can expect in court , although the Supreme Court seems to be lean with this administration.There is a deliberate effort to make people lose their status and their EAD in order to make their presence illegal and deport them .I would like to know what are my options and what can I do to keep my job and status ?

    Reply
    • I am sorry for all these difficulties. If you have TPS, there may have been a way to adjust status if the EB2 is approved, but now USCIS is further restricting people from banned countries, and so at the moment, that is not possible. Hopefully, that will change, but for now, I think it will not work. If you have a claim for asylum, you should probably file that. If not, and if TPS ends, you will not have any pending applications and you will be more vulnerable to deportation. Also, if you file for asylum after TPS ends, the one-year asylum bar may be an issue for you. I wrote more about that bar on January 18, 2018, but as long as you were a dependent on your husband’s case, and after he passed away, as long as you have TPS, you qualify for an exception to the bar. But if TPS ends, and you file for asylum after that, you may be deemed ineligible for filing too late. In other words, if you want to make your own claim for asylum, you should file that before TPS ends. I think given the EB2, the TPS, and the possible asylum claim, you would do well to talk with a lawyer to better understand your options, as your case is a bit complicated and you do not want to lose any opportunities that might be available to you. Take care, Jason

      Reply
  17. Respected Jason,
    My pending asylum-based EAD (5 years) expires in October 2028, as printed on the card. My question is, as per the new law,_ is my EAD valid until the expiration date? Please advise. Appreciate your help as always. Thank you very much.

    Reply
    • As I understand, the EAD is valid until it expires. The 18-month EAD is only for people who apply for new EADs after the rule went into effect. I do think you should file to renew at least a year before the current card expires, as wait times to renew are unpredictable. Take care, Jason

      Reply
  18. Hi Jason ,

    with these random changes every second week being implemented , do you believe that by the time these decissions will be reversed or get softened ? or this is only going to happen just before the next elections , or the next administration is going to fix these things.

    In your view how does it looks like ? is it to distract americans of the the political , economical and geo failure that this administration is facing?

    Why no one is filing a law suit till now ? no prevailing body is taking any stance on this ?

    Thanks
    Sam

    Reply
    • Not many average Americans really like asylum seekers, this is particularly so when they feel that asylum seekers are taking away their jobs and opportunities and resources.

      The immigration attorneys may like asylum seekers because they have a financial stake there.

      But everybody outside of immigration attorneys may and maybe a few non profits, who don’t really have any political power. I don’t see any support from average everyday American for asylum seekers

      Reply
    • Some of the announcements may lead to no changes, but many changes will stay around for the long term. Certainly, the changes are not justified by the situation, and so I think it is partly because the Administration just does not like immigrants and minorities, and maybe it is also a way to use non-citizens as scapegoats for our other problems. In terms of lawsuits, there are many. I saw a document listing all the pending cases and although I forget the number of lawsuit, I believe it was well over 200. Take care, Jason

      Reply
  19. Hi Jason,

    I just thought about a situation if an N400 applicant based on GC asylum basis would be impacted by the halt on all Asylum cases ? Have you come across approvals / oth ceremonu scheduled after they issued the new policies ?

    Appreciate your kind support.

    Reply
    • Unless they are from a banned country, I do not think their citizenship case would be affected. I have heard about people from banned countries having their interviews and oath ceremonies canceled. It sounds like additional countries will be added to the “banned” list, but we do not know yet what restrictions will apply to people from those countries. Take care, Jason

      Reply
  20. Hi Jason,

    I am concerned that while litigations are almost certainly expected, even if those policies are paused, the damage is permanent for the nationals of the “banned” countries. The question will always arise as if you’ll be treated fairly and not be impacted negatively just because of your place of birth. Especially considering the discretionary nature of many of those applications. Some adjudicators would not be willing to sign off on the approval of a benefit because it goes against upper management beliefs.
    That’s just my take. We need to be prepared to lawyer up.

    Reply
    • Hi Jason,
      I really what to hear your take on this.

      Reply
      • Sorry, I thought that was more of a comment. I agree that the effect and the intention is to block people from banned countries, and that the effects will be more insidious than “only” the current travel ban. When the clear message from above is that people from certain countries should be denied, we will certainly see more denials, even if the current pause on immigration benefits for travel ban people ends. On that note, I do not feel any real optimism that the policy changes at USCIS will be blocked by the courts. Maybe lower courts, but the Supreme Court has been very deferential to the executive on immigration (for example, allowing ICE to racially profile people). So although there may be some speed bumps for the Administration on this new policy, I do not think it will be blocked. But I am kind of a pessimist, so hopefully I am wrong. Take care, Jason

        Reply
  21. Is it still safe to fly within the US with Real ID for anyone with a pending asylum decision (not from the 19 banned countries)?

    Reply
    • ICE officers have the authority to issue an NTA even if someone has an affirmative pending case and entered the U.S. with a visa. This could potentially move one’s case from USCIS to the court system (meaning the case is now defensive).

      I highly advise seeking legal counsel before the flight and making an action plan, as advised by Jason. Stay safe.

      Reply
    • I have not heard about anyone in that situation having a problem, as long as you have the required REAL ID. You can check the documents needed to fly domestically here: http://www.tsa.gov/travel/security-screening/identification. I think it is also good to have proof of your pending case available (maybe a photo of the asylum receipt, which you can keep on your phone or computer), in case you are asked about that. Take care, Jason

      Reply
    • I have taken the risk to travel w/o the real ID, but I took all the paperwork and my foreign passport. Neither one was asked for at the TSA checkpoint. I am derivative asylee, but divorced the principal. Have not applied for nunc pro tunc yet, either – seems like with the current pause applying for it would not be beneficial anyway. Not sure if this helps. I am not from the banned countries.

      Reply
      • I do think you should file the nunc pro tunc. If you do it yourself, it is free, and even though there is a pause, you might as well get the processed started so you can hopefully get a green card eventually (also, we do not know for sure whether the pause applies to nunc pro tunc cases, though I am guess it does). Take care, Jason

        Reply
  22. Dear Jason,
    it was my understanding that if the asylum was granted, then the EAD becomes permanent. I never heard people would re-new their EAD once the asylum is granted. USCIS web-site states today the EAD’s time period for the ‘asylum granted’ category will be reduced from 5 years to 18 months. Don’t they know what they are doing, or I might be mistaken from the very beginning?
    Thank you!

    Reply
    • Hi Natalie, for sure Jason would know better, in my experience for certain jobs even if you are granted as an asylee you need to have EAD to be able to work in such a job and I think it is mentioned for that reason on the list.

      Reply
    • They probably do know that, but my understanding is that EAD for granted asylees is considered an interim document. Asylee status opens up a path to citizenship; one is supposed to adjust their status and eventually become a citizen. After adjustment, EAD is irrelevant. But even without a green card, being granted asylum gives the privilege of living and working in the U.S. An unrestricted SSN and an unrestricted DL should be sufficient to prove work authorization.

      Reply
    • People with asylum status are eligible to work and they do not need an EAD (see http://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/73-refugees-and-asylees). However, it is very convenient to have the EAD, since employers and the DMV understand that document better. So while reducing the asylee EAD from 5 years to 18 months does not block a person’s ability to work, it is harmful, as it makes life more difficult. Take care, Jason

      Reply
  23. Hello Jason,

    RE halting immigration benefits to people from the 19 banned countries: It seems that the memorandum at USCIS website did not include N-400 applications fofr citizenship. ANy update on that? Any chance interviews/oaths were being canceled in the first day because of confusion and now this memorandum clarifies that N-400 approvals/oaths can take place?

    Reply
    • My understanding is that people from the 19 countries are not currently being sworn in, and I have heard about people having their oath ceremonies canceled. If I hear something different, I will try to post it here. How long the pause will last, we do not know. Take care, Jason

      Reply
  24. Hi Jason, an Afghan woman entered the US legally with a parole visa and applied for asylum within one year. The visa now ends in about two months and the asylum is pending. Once her parole status expires, is it considered an “overstay” and could she be detained?

    Reply
    • She has a pending asylum case and is permitted to remain in the US while her case is processed. Also, she would not accrue “unlawful presence” while her asylum case is pending. I believe that some people brought under parole (from Venezuela, Haiti, Cuba, and Nicaragua) have had their parole terminated and some have been subject to detention. I have not heard about people from Afghanistan having this problem. If she were detained, she would be eligible for release on bond, and so hopefully, that is a reason not to detain her. I am also not sure in this circumstance whether her case might be transferred from the asylum office to immigration court. I have not heard about that happening, but the asylum offices are trying to pass cases to the immigration court, and so I suppose that might be possible. While I doubt she would be detained, I do think it is best to be prepared just in case, and I wrote about that on January 8, 2025. Take care, Jason

      Reply
      • Hi Jason,

        It is very unfortunate situation for real asylum seekers. I agree there is always room for improvement. My case was approved by court in Biden administration in 2024 and I’m not from the 10 restricted countries but from a Muslim country. I have applied for green card and had done all the biometrics again. Do you think these decisions will affect my adjustment as well. Thanks

        Reply
        • I think it may affect you, though it is still unclear whether people approved in court will have their cases re-examined. The effect might just be delay, but we will have to see. They may expand the number of countries on the “banned” list as well. I think there is not much to do now, except to wait and see how things go. If you do not have a copy of your asylum case, you should get that, but otherwise, I think we just need to wait and see what happens. Take care, Jason

          Reply
      • Thanks, Jason! Now that the processing of all pending asylums has been halted, is there still a likelihood of the pending affirmative asylum being transferred to the immigration court even without an interview?

        Reply
        • I expect that the asylum office will still transfer cases to court where they conclude that they do not have jurisdiction. This would mostly be for people who arrived at the border and received a Notice to Appear in court, but where the court case was not previously scheduled. Take care, Jason

          Reply
  25. Asylum approved, waiting for green card, from one of the 19 countries. is it safe to travel by plane with EAD?

    Reply
  26. As of today December 4th 2025 work permit for pending asylum and many more categories will be reduced from 5 years to 18 months. Very unfair and imagine what will happen without the automatic extension. More pain

    Reply
    • You know what is funny, the list has asylum granted too who even dose not meed worl permit????????????

      Reply
      • Thing is; they can, I guess, void that. Require all asylees to have a valid EAD. Idk man… i am scared

        Reply
        • They can not, as long as you have unrestricted social and driver license you can work and do nit need work permit also search on the USCIS website for I9 it is mentioned there when you have asylee status you can work without work permit

          Reply
      • What’s also funny (though maybe funny is not the best word) is that USCIS could perform additional vetting independent of the EAD. In other words, they could do some type of security check as often as they like but still issue a 5-year EAD, as the security check has nothing to do with the EAD validity period. Instead, they are using vetting as an excuse to reduce the EAD validity period and harm many vulnerable people. Take care, Jason

        Reply
        • Security check is a pretext,the real intention here is to deter and discourage people from coming to US as immigrants and asylum seekers to be specific.

          Reply
          • I completely agree with that. Take care, Jason

    • I had not heard about that until right now. It looks like they are using the National Guard shooting as an excuse to reduce the EAD validity period. It is an act of collective punishment based on fear mongering. The idea that some sort of magical vetting every 18 months will protect Americans is pretty ridiculous, and so once again, it is harming people for now reason at all. Very sad. Given that long wait times to renew an EAD, people will need to file to renew as soon as they get the card. Take care, Jason

      Reply
    • EAD card validity 18 month. Is it already decided or only news? That is worse news than pausing decision on pending asylum or Greencard. Some many people would suffer and lose their job. It also affects get hired as well. No job no money etc. Bad news

      Reply
      • It seems that it was announced yesterday and went into effect today. It is very bad news, especially combined with the decision to end the automatic 540-day extension once you file to renew. I think that as soon as people receive a new EAD, they will need to file to renew, since wait times are so unpredictable. I would expect that it is going to lead to gaps in employment eligibility based on these new announcements, and I suppose that is the point – to cause so much pain that people abandon their cases. All of this is based on the lie that EADs are somehow related to vetting, and that USCIS cannot vet asylum seekers independent of their EAD applications, and the lie that asylum seekers are somehow a threat. Take care, Jason

        Reply
  27. Is it true USCIS will start asking for DNA, facial recognition test from mid December and public charge from Jan 2026 ? Can you please write an article about these big changes ?

    Reply
    • There have been changes to the public charge rules, and I think more are coming. I have not heard about the DNA or facial recognition tests, but that would not be surprising given that they are trying to impose more security checks on people. If I learn something useful, I will try to write about it. Take care, Jason

      Reply
  28. Hello,

    I just talked to CBP, and i was told you as asylee can be denied from traveling back oit if the country, i am asylle with green card pending and i have travel refugee document, i am from one of those 19 countries, is it true i thought asylee s are exempt from travel ban i have flight ticket for next monday to visit my family in third country what should i do ease,,,,

    Reply
    • I have not heard about anyone with a valid RTD being denied re-entry to the US. Asylees are exempt from the travel ban, and with the RTD, you do not need to apply for a new visa to return to the US (new visas are being denied to people from banned countries). Unfortunately, the government has become very aggressive and vicious and they do not always follow the law. That said, I do not see why or how you would be denied re-entry with a valid RTD, and I am not sure who at CBP you talked to, or whether they know what they are knowledgeable about the rules in this regard. Maybe you want to talk to a lawyer about your specific situation, but I do not see what other guidance they can give you, but maybe there is some reason the CBP officer thought you could not return and the lawyer can discuss that with you. Take care, Jason

      Reply
  29. Hi Jason,

    Thanks as always for everything you do.

    A10 EAD filed in Jan of this year, still haven’t received an approval or new card (First it ever took >4 months). It is however extended until Q4 of next year. Do you think this will cause delay even past then? if you’re on WOR from one of these countries, does risk increase after this memo? even for someone with no check-ins?

    Thank you

    Reply
    • That is a long wait, and I am not sure why the EAD is so delayed. You may want to try calling USCIS (800-375-5283) to see if you can talk to a person. Generally, EADs do get processed before the automatic extensions end (though going forward, there are no more automatic extensions and so you have to file early to renew). I do think anyone with WOR has some risk at this point, and it is worthwhile to have a plan in place in case you do get called in. Some people with WOR are being sent to third countries and I wrote something about that on March 12, 2025. Since you don’t have a check-in, hopefully you can remain under their radar and they leave you alone. Take care, Jason

      Reply
  30. Can pending affirmative asylum who enter legally and have clean record be detained by ICE?

    Reply
    • They can be, but such a person would be eligible for release on bond, and I have not seen such people being detained. It is possible, though, especially given ICE’s overly aggressive approach to immigration enforcement, and so it is a good idea to have a plan, just in case. Take care, Jason

      Reply
      • What will happen if you get detained since the case is still with USCIS? Will it get trasnfer to immigration judge?

        Reply
        • If you have an asylum case with USCIS and you are detained, you would also be placed into removal proceedings in immigration court, and them the asylum office would lose jurisdiction, so you would need to re-apply for asylum in immigration court. In other words, if the asylum office interviews you and denies the case, the asylum application gets transferred to court. But if you do not have an interview and you get detained and sent to court, the asylum application does not transfer to court and you need to re-apply for asylum in court. You should do that as soon as possible, as delaying could potential cause issues with the one-year asylum filing bar (if you need more info about that bar, I wrote about it more generally on January 18, 2018). Take care, Jason

          Reply
  31. Hi Jason Thank you for your service.

    What is the impact on asylum case before an immigration court

    Reply
    • There has been no announcement about that, and it seems that judges are not sure what to do. If I have more info, I will try to post something here. Take care, Jason

      Reply
  32. I’m losing my mind over this, I’ want to file for my spouse who’s from one of 19 countries. Is it gonna last years or just few months ?? Isn’t it illegal to discriminate based on nationality ?? How can they leave 4.5 million in indefinite limbo. Please initiate a class action lawsuit

    Reply
    • It is still unclear how this halt will work. If you are a US citizen and you are applying for a spouse, the original travel ban does not apply, and how these new rules will affect the case, or how long they last, we do not yet know. I think it is too soon for a lawsuit, and whether such a suit could even work, I do not know. I do think if you want to file for a spouse, you should file and start the process. If the halt only lasts a few months, it may not make much difference in the overall processing time. If it is a permanent halt, and if you have filed, at least you will be in a position to benefit if there is a lawsuit of some kind. Take care, Jason

      Reply
  33. Hi and thanks for your info,

    I have a rare situation and all of a sudden it changes, I’m a USC and my parents are with me with pending asylum and we’re from one of those 19 countries, I was going to file for their AOS (I-130-I-485) on Thanksgiving day while the news came out, should I still file ASAP or wait? what’s your suggestion and what’s the low risk? so many uncertainties so I want to make sure, Thank you!

    Reply
    • They are “immediate relatives” under the law and so they are not subject to the original travel ban. Hopefully, whatever changes USCIS is making will be resolved in the relatively near future. If so, you could file for them and hopefully, the cases would just get processed, maybe with some delay. Alternatively, you could wait for a bit to see how the new changes are implemented before you file, but I think the AOS path is generally much better than the asylum path and nothing in the recent announcements stops you from filing, though for the time being at least, USCIS cannot issue them GCs. Take care, Jason

      Reply
  34. Jason, I supposed to file for citizenship in about a year and 2 months and within that year I will need to travel to a third country. I do not have RTD, only home country passport and I feel like it makes no sense to file for RTD now because waiting time is one year? I am not from banned countries, but I am still scared to travel with home country passport. I am GC based on asylum. Should I travel with my home country passport?

    Reply
    • I think it is probably ok to travel with the passport and GC. The only issue would be if the trip caused the US government to suspect that your asylum case was fake, and that seems pretty unlikely. I suppose you could apply for the RTD and try to expedite, but that is quite difficult. I wrote about expediting in general on January 29, 2020. I wrote about traveling with your passport on May 25, 2022. Take care, Jason

      Reply
  35. Hi Jason
    Thank you for your continued help. I would like to ask how long this suspension of interview results is expected to last, and whether any organization has filed a lawsuit regarding this matter. Thank you.

    Reply
    • We do not know how long the pause will last, and I think it is still too soon to file a lawsuit. At least I have not heard about any effort to file such a case yet. Take care, Jason

      Reply
      • Thank you for your respond. I have an ongoing mandanmus and now that the results are suspended, I don’t know what to do.

        Reply
        • I am not sure how mandamus cases will be handled since USCIS cannot currently issue decisions. I think you may just want to wait for a bit to see how cases are moving before you push for a decision based on the mandamus. My worry is that if USCIS is unable to grant a case due to the pause, and if they are forced by a judge to issue a decision, they will deny the case. And so I think it is worth waiting for a but to see how cases like yours are being treated. Take care, Jason

          Reply
  36. Thank you, Jason Dzubow, for an informative and insightful piece, along with detailed answers to readers’ questions.

    I am one of the banned countries. The new USCIS memo halts all immigration benefits for the banned countries.

    I plan to get into a bona fide marriage and file for a marriage-based green card petition. I understand that the USCIS memo informs us, on footnote #4, that there is a hold on pending benefit requests, including Form I-485 (Application to Register Permanent Residence or Adjust Status).
    Does this mean citizens of the banned countries cannot file Form I-485?

    Do you think one should go ahead with life’s plans (such as getting married to an American citizen), even though there is a halt on immigration requests?

    When someone is married to an American citizen and files Form I-130, Petition for Alien Relative, does the filing in and of itself protect the alien from deportation? Or can the alien be deported even after getting married and filing I-130?

    What are your thoughts on getting into a bona fide marriage to an American citizen and starting the legal process of (Form I-130, Petition for Alien Relative; Form I-485, Application to Register Permanent Residence or Adjust Status)?

    Reply
    • USCIS has halted benefits to people from banned countries until they change the vetting process to satisfy themselves that it is more secure. We do not know how long the halt will last, and it is a pause on decisions, not on filing cases or being interviewed (though I have heard that interviews are being canceled for people from banned countries). For what it’s worth, the original travel ban does not block immediate relatives of US citizens (such as spouses). Also, the I-130 should not be affected by the pause, though I do think you will need to watch the news to see how people are treated at I-130 interviews and if any are detained. It is impossible to know how things will go from here or how long the pause will last. My personal opinion is that people should file their applications if they want to. Such applications often take many months (or longer) and so a pause of a few months may not make much difference. On the other hand, maybe the pause will be longer and will affect wait times or block people entirely. At the moment, I do not think that will happen, but I do not know. In terms of the I-130, it does not protect you from deportation, as the only purpose of the I-130 is to show the USCIS that your marriage is true. The I-485 is an application for a green card, and that would normally prevent a person from being deported. I still think it does offer protection, but there have been a few examples (from California, I believe) where people with pending I-485 cases were detained. Presumably, they will now pursue the I-485 before an Immigration Judge, but that is an unfortunate development and will make the cases more stressful and more expensive. Anyway, we will learn more about how the changes are being implemented in the coming weeks, and so maybe by the time you are ready to file for a marriage case, we will have a better idea about how that will go. Take care, Jason

      Reply
  37. Is there any class action lawsuit in process or is it recommended to start one?

    Reply
    • It is too soon for that. Once we know exactly what is happening, I expect there will be legally challenges to some of the new policies, but that may take some time. Advocates need to see what the changes are and determine which ones can be challenged. This is not easy, as the President has a lot of authority when it comes to immigration, and the current Supreme Court has been deferential to the President on many (but not all) immigration many issues. Take care, Jason

      Reply
  38. Hi Jason.
    Do you think this will have any impact on US citizens who were asylees before? I became a citizen along with my husband in 2017 under Trump. I have travel plans for a month to Europe. I am just worried about enhanced interrogations during entry. I am not from one of the banned countries. But it seems like Kristie Noem tweeted that she has recommended a complete travel ban.

    Reply
    • I think this will not affect you. There is no indication that travel for a US citizen would be affected. And if they want to look again at citizenship cases to try to de-naturalize people, that is a very long and involved process, and I do not see how that process could be affected by traveling. In short, as of now, I have had heard nothing that would indicate there is a problem for a naturalized citizen to travel and return. Take care, Jason

      Reply
      • Your point is technically correct, but I have seen some heritage foundation folks tweet about US attorneys filing thousands of civil lawsuits for naturalization (with AI, it’s very easy to draft). The idea is that many people might not show up, may not be able to afford a lawyer, which is not provided free for civil cases. This way, they can get default judgments. Default judgments are not of Denat are not unprecedented – there was a well-discussed 2018 case that was a summary default judgment as the person never showed up, and no one is sure if he even knows that he is no longer a citizen. Somebody had even mentioned Miller & co. thinking of filing multiple defendants in a single lawsuit for a precinct like lawsuit against 1000 defendants residing in Miami filed in the US Southern District of Florida. I know all of this sounds strange and ridiculous, but none of these people are up to any good, and they have been pushing boundaries.

        Reply
        • Nothing from this Administration would surprise me, but I have not heard about this happening, and it would be pretty big news if it was happening so I would probably have heard about it. Anyway, if I do hear about this, I will try to post something. Take care, Jason

          Reply
  39. Hi Jason,

    I had a question about the changes made on asylum as discussed above- they are using the term “third world countries,” which could mean anyone from the majority countries of the world. Is there a possibility that the asylum cases including applications for green card for other countries not included in the list, could also be affected and if so how?

    Reply
    • The term “third world countries” does not have much meaning, and so I am not sure which countries are included. So far, the only countries specifically targeted are the ones on the travel ban list. I have heard a rumor that more countries will be added to the list soon, but we will see. People who received refugee status or asylum during the Biden Administration may have their cases re-examined. Also, people from “banned” countries will have their cases paused until new vetting measures are put into place. I also expect that devoting lots of resources to re-examining cases will make everything else move more slowly, but we do not know that for sure. Take care, Jason

      Reply
  40. Hi Jason,
    This memo they released yesterday feels deeply unfair to many people who suffered under dictatorship regimes in their home countries, escaped for safety, and then came here only to be punished again simply for being from those countries. I fully understand that the U.S. has the right to decide who can enter, but when someone has already been here for a decade or more, has done nothing wrong but added values to this country, and has spent all that time just waiting for basic legal status to live a normal life, it doesn’t feel humane; and perhaps not even legal.

    I know that some Afghans entered the country without any vetting process —I’ve seen this firsthand— yet people from other banned countries have undergone extensive background checks for years. The list of banned countries also seems arbitrary; many nations that have caused far more harm to the U.S. are not included, while some on the list have long histories of their citizens contributing positively here. It all gives the impression that the goal is more about sending a message than genuinely improving security.

    https://www.uscis.gov/sites/default/files/document/policy-alerts/PM-602-0192-PendingApplicationsHighRiskCountries-20251202.pdf

    Reply
    • I agree and I do not think these new policies will do anything besides causing delay and fear, though these are pretty clearly part of the Administration’s goals. I think we will have to see how things actually work in practice, and I am guessing that few people who received status in the US did not already undergo these types of checks. While I do think some Afghans came here without good vetting during the chaotic evacuation, as I understand, they did receiving some vetting before they actually entered the US, and those with asylum cases (and asylum approvals, such as the National Guard shooter) received more thorough vetting. Take care, Jason

      Reply
  41. Hi Jason, I am from Afghanistan but entered in 2010. My asylum was grant in 2022 and GC issued in 2024. Could I also potentially be re-interviewed? Thanks

    Reply
    • It does sound like USCIS will re-examine cases like yours. Whether that means they will look at it internally, or whether they will re-interview some or all people from banned countries, we do not yet know. It would be a good idea to have a copy of your case, so you are ready in the event that they do want to re-interview you. Take care, Jason

      Reply
  42. I’m Iranian national with an affirmative asylum case. I’m been married for 3 years and I was just going to apply for green card. Am I cooked ? Can I still apply or am I banned ?

    Reply
    • As I understand these changes (which are not very clear), you can apply for your GC based on the marriage, but the case cannot currently be approved. How long the pause will last, we do not know. If USCIS follows the language of the travel ban, immediate relatives of US citizens are exempted (though they need to show “clear and convincing evidence of identity and family relationship (e.g., DNA)”), and so you should still be eligible for a GC if your case is based on marriage to a US citizen. The problem is we don’t really know how USCIS will change the rules. Maybe you want to wait a bit to see if we get more clarity, as the GC application is expensive, and it would be good to have a better idea about how things will work before you proceed. Take care, Jason

      Reply
  43. Sir, your kindness helps us a lot. After waiting for long time This month i got my interview. Now i am in tension what is going on. What can i do? I am not from this 19 countries. And legally i came this country. I have no criminal case or nothing. So new policy is affect me. New policy said only for 19 countries or all the countries. What is my best way to do right now. Pls give me some suggestion. Thanks.

    Reply
    • If you have an asylum case, you can be interviewed, but you cannot receive a decision. All asylum decisions are “on hold” until USCIS makes some changes to the security vetting. I am not sure what this means, or how long the delay will be, but your interview will go forward and you should prepare for that as normal. Good luck with the case, Jason

      Reply
      • Thank you sir.

        Reply
  44. Hi Jason,

    Thank you very much for the kind words. You’re truly exceptional

    I’m a green card holder from one of the banned countries. I was a month away from applying for citizenship but with the latest developments I’m seriously considering not applying at all. Since they are really unclear about what the review process will be about or how long it will take. On the other hand, having an application already in file, although not moving, might still be an option.

    Reply
    • There is no good answer to this yet. Based on the info we have, people from banned countries cannot be approved for citizenship, but they can still file. These cases take many months even under normal circumstances, and so maybe you want to file to get things started, and hopefully the pause (or whatever it is) will be over by the time your case is processed. On the other hand, you might wait a bit to see how other people are being treated. It sounds like you can’t file for a month anyway, so maybe we will have more clarity by then. Take care, Jason

      Reply

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