In the aftermath of an Afghan asylum seeker’s attack on members of the National Guard, the Trump Administration began a wide-ranging crackdown on non-citizens from Afghanistan and other “banned” countries, as well as on asylum seekers, refugees, and other migrants.
The most recent iteration of these efforts is the decision by USCIS–justified by “security” concerns–to reduce the validity period for certain categories of Employment Authorization Document (EAD) from five years to 18 months. In combination with prior changes, the shortened EAD will cause tremendous pain to many vulnerable people.
A recent USCIS memo lists the categories of people who will now receive 18-month EADs (this is for new EADs; existing EADs are not affected):
- Aliens admitted as refugees;
- Aliens granted asylum;
- Aliens granted withholding of deportation or removal;
- Aliens with pending applications for asylum or withholding of removal;
- Aliens with pending applications for adjustment of status under INA § 245; and
- Aliens with pending applications for suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act.
The first two categories (refugees and asylees) do not actually need EADs to work legally in the United States. However, given that employers and DMVs are often unfamiliar with the immigration law, a valid work permit definitely makes life easier.
Everyone else on the list needs a valid EAD to work lawfully, and so when the EAD expires, they will become ineligible to work. The shortened validity period combined with the end of the automatic 540-day EAD extension means that people with pending applications will face a real risk of losing work eligibility while their EAD renewal is pending. The difficulty is compounded by the fact that USCIS will have to process many more EAD renewals since applicants will have to renew more frequently, and by additional vetting procedures, both of which could further delay processing times.
To make matters worse, employers may be more hesitant to hire people with EADs due to the shortened validity period and the increased risk of a government penalty if an employee is accidentally allowed to continue working after their EAD expires. All in all, these recent changes are a recipe for additional hardship and stress for asylum seekers and other migrants.
If you are one of the people affected by this latest change, it is probably best to file early to renew your EAD–I would recommend at least one year before your current card expires. The processing time to renew an asylum-pending EAD is seven months (meaning that 80% of EADs are processed within seven months; the remaining 20% take longer), but I expect wait times will increase and it is probably better to renew early rather than risk losing the ability to work.
To justify its new policy, USCIS claims that the “reduced maximum validity periods for certain categories [of EAD] will result in more frequent vetting,” which will enable the Agency to “deter fraud and detect aliens with potentially harmful intent so they can be processed for removal from the United States.” The USCIS Director opines: “Reducing the maximum validity period for employment authorization will ensure that those seeking to work in the United States do not threaten public safety or promote harmful anti-American ideologies.” For a number of reasons, this explanation makes little sense.
First, asylum seekers and other affected individuals receive a biometric appointment soon after they file their initial application. Once it has biometric data, USCIS can re-vet people at any time; it does not need to wait for an EAD application. Indeed, the idea that vetting can only take place in the context of an EAD application seems completely disingenuous.
Second, while there are isolated examples of asylum seekers and other immigrants committing crimes, the available data indicates that non-citizens are less likely to commit crimes than citizens. For those who do commit crimes, most will already be barred from receiving an EAD (or other immigration benefits), and so the new restrictions are redundant. In addition, I can’t imagine that hardened criminals or terrorists will be rushing to file EADs. Such people want to stay well below the radar; not submit themselves to biometric appointments and government scrutiny.
Finally, immigrants contribute a great deal to our country, including being over-represented as health care workers. If these individuals lose the ability to work, the people who depend on them–including many American citizens–will suffer. And so when USCIS justifies new restrictions based on protecting Americans, the Agency fails to account for the important ways that non-citizens help people in our country.
To me, the shortened validity period for EADs is not really about security. Rather, asylum applicants and others trying to “do it the right way” are low hanging fruit; people who can easily be targeted to make it appear that the Administration is serious about “security.” While I doubt these new policies will do much to make us safe, they will certainly cause tremendous harm. And that, I suppose, is the point.
Hi Jason. I am preparing my N400 and have a question. I received my asylum-based green card on May 2022 (card is dated with the “resident since” note on May 2021. So with the 90 days period, I will be eligible to send the N400 on Feb 2026.
I had almost 40 international trips since getting the GC with the longest being 19 days. So I calculated the total days outside the US and I spent a total of 299 days. Am I still eligible to send the application on Feb 2026? I know that for the 1 year period of physical presence for asylees to apply for GC that would matter but not sure if does for naturalization. Thanks
Yes, you should be, since more than 50% of the total time was inside the US. So in terms of the time, I think you are fine (of course, you would also need to meet the other requirements for naturalization). Take care, Jason
Hi Jason,
Can a lawful permanent resident file Form I-485 for a spouse who is already in the U.S. if they were just married? She currently has a pending asylum decision with USCIS, entered on a visitor visa, and is not yet out of status.
Or would it be better to wait for the outcome of the asylum case before proceeding?
If the spouse is in status, she can file an I-485 as long as the LPR file an I-130 and it the priority date allows the spouse to file the I-485. You can Google “DOS visa bulletin” and look at the spouse’s category and country to see if she is eligible to file the I-485 (the second family-based chart on the DOS visa bulletin will show whether she is eligible). If you are not sure, it is worth consulting with a lawyer, as it is better to file the I-485 than to pursue the asylum if that is an option. She can also do both, but that may not be necessary and again, it may be worthwhile to talk to a lawyer to decide what is best. Take care, Jason
Hi Jason,
I entered the U.S. on a B1/B2 visitor visa. I applied for asylum and had my affirmative asylum interview in November of this year. I am currently waiting for a decision.
In this situation, am I considered to be out of status? Should I be concerned about the possibility of ICE detention? My six-month period of authorized stay from my visitor visa has not yet expired.
Thank you very much for your time and guidance.
It sounds like you are still in lawful B status. However, you also have an asylum case pending and this allows you to remain in the US until your case is complete. I do not know of an example of a person who entered with a visa and who applied for asylum being detained (except people with criminal issues), and so hopefully, you should be fine. USCIS is not currently issuing decisions in asylum cases, and we do not know how long that pause will last, so you may not get a decision soon. Take care, Jason
Hi Jason
I am Syrian citizen i live in the United States since 12 years
I hace green card thrugh asylum dated in 2021
I will apply to become a US citizen next month
I very scared after the added syria to banned countries
I work and i pay tax with no issues at all
I am an engineer , never visited Syria since 2011
Will i be banned from being citizen just because i am Muslim and syrian
Can i do anything about it
I heard some other Syrian have their citizenship interview cancelled in Jan 2026
Please advise what can i do
Many thanks
You can apply for citizenship, but I think at the moment, they will not issue a decision. I do not think you should be in much danger, as you have a GC already. However, the citizenship could be delayed, and we do not know for how long that delay will last. Take care, Jason
I have never been in Syria since 15 years ,
I heard even after regime collapsed
It is not a good idea to visit Syria
Unless i am a citizen of the US
So this naturalization suspension is affecting my life
Do you think hiring an attorney will help
I do not think an attorney can do much about any pause in naturalization cases (though I suppose they could try a federal lawsuit to overcome the pause). However, that would not be needed initially when you first file, and by the time the case gets to the interview stage, hopefully, the pause will be over (assuming there actually is a pause, as we only know this from rumors and there has not been an official announcement). I do think a lawyer can help with the case overall, but if there are no criminal or immigration issues, the main thing is to make sure that your N-400 is consistent with your prior applications, and if you are careful, you can do that yourself. I wrote more about this on December 2, 2020. Take care, Jason
Hi jason,
I entered the U.S. on an F-1 student visa in 2021 and filed for asylum in 2022 while in valid status. I am a national of one of the 19 countries recently placed under enhanced USCIS review. My asylum case has been pending for approximately 3.5 years with no interview and no decision. My F-1 status has expired, and I remain in the U.S. based solely on a pending asylum application.
Questions:
1. Given my timeline and current USCIS policies, is filing an individual mandamus lawsuit now the most effective way to obtain an asylum interview and a final decision?
2. In your experience, does mandamus typically result in both an interview and a decision, or can USCIS still delay the decision after the interview by citing internal policies or adjudication holds?
3. Would participating in a class action or mass action challenging these policies provide any meaningful additional benefit in my situation, or is mandamus alone generally sufficient?
4. From a strategic standpoint, does it ever make sense to pursue both mandamus and class/mass action simultaneously, or is that unnecessary?
Thank you for your guidance.
1 – Probably, but at this point, you might as well wait until after the holidays. Maybe by then, the “hold” on cases from banned countries will be lifted, or at least maybe we will know more about how the asylum office handles mandamus cases for people from those countries. 2 – It normally results in an interview and a decision, but USCIS cannot issue decisions now and so the asylum offices have been asking for additional time from the courts that adjudicate the mandamus cases. My worry is that if the asylum offices are required to issue decisions, they will simply start denying cases as unapprovable, since the new vetting process (whatever that is) will not have been completed. 3 – I guess it depends on the class action, and I have heard about at least one case that will move forward. Whether the people involved in the case will benefit from it, or whether everyone else will benefit, I do not know. 4 – I think there would normally be no harm in that, as long as the lawyers know about all cases you are pursuing. If you have success with the mandamus, you can drop out of the class action, for example. But I think the lawyers would need to know about your different cases in advance, just in case there is some sort of conflict. Take care, Jason
Hi Jason
we renewed our work permit in february 2025.
somehow my work permit was done very much earlier probably within a month.
My husband work permit was not approved until 24 August 2025.
we got to know of it in september 2025 because we called uscis and he needed to go to work as his id was expiring on 25 sept 25.
Finally they told us that his work permit was approved.
we went to dmv and got his drivers license and we got an approval notice in the mail in October 2025.
Then the card never came. because online status on the card did not change until last week of his work permit.
then when govt announced these changes for asylum applications.
our status changed online to application pending in December 2025.
Then we received a letter in the mail interview schedule for Jan 26 just after this change in status to pending application.
Then we contacted uscis and told them we need to change the date of the interview as we have a medical emergency.
Then we received another email stating changes have taken place in ur account on uscis website
we logged in and now it is changed to interview is pending.
we are so confused not sure if this change is from the email we sent or the first change they made online and interview date set to Jan 26.
However they line is written on the paper.
If you cannot attend your interview, you may request that we reschedule it. Requests to reschedule an interview are considered an applicant-caused delay for the purposes of eligibility for employment authorization. This applicant-caused delay will be resolved when you appear for your rescheduled interview.
My husband has still not got the card in the mail. Renewal of his drivers license is done at Dmv until 2030.
Do we need to worry that they might look at his application and do something to his work permit?
Or once is it issued it is issued.
Secondly if this is not the case then why are they taking so long to issue the card?
Only last week the status changed to ” Approval Case Decision Rendered’
Will the interview date be change for sure i cant travel in Jan 26.
Also will his card be on hold unhold until we attend the interview ?
i have never heard something like this from anyone.
Secondly, his was under the old rule before 31 October 2025.
Did they just delay because there was not in staff in the office
Please help clarify. my life couldnt be confused anymore than this.
Sorry, I am not sure I understand your questions. It sounds like your husband did not receive his work permit? That may be a mailing issue. If so, maybe this website can help: https://egov.uscis.gov/e-request/ndc. If he received an online notice that the work permit was approved, he would normally receive the work permit within a week or two; it would not take months. In terms of the interview, it is very difficult to postpone an interview in most asylum offices. Maybe you should email the asylum office directly to ask if the interview is still scheduled, just to be sure. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Yes the interview is scheduled Jason.
Thank you for your reply.
It is schedule for Jan 26.
we are trying postpone it due to health reasons.
I wanted to ask since we received the approval notice in October in the mail.
on the system his approval noticed changed in December.
SInce october 2025, Card has not been mailed out.
Should we wait for another 2-3 weeks to see if the card is going to mailed out to us.
today’s email stated this on the email itself:
”If you cannot attend your interview, you may request that we reschedule it. Requests to reschedule an interview are considered an applicant-caused delay for the purposes of eligibility for employment authorization. This applicant-caused delay will be resolved when you appear for your rescheduled interview”
Because we applied in February and his approval was processed in August it does not mean they can go back and hold his card until we attend this interview in Jan 26 righ or cancel to reschedule?
(I have already written to the office as you stated)
I just wanted to confirm that we are not under this category where the USCIS office is saying the above.
And his card is not processed due to administrative delay right?
Many thanks Jason
As far as I know, the work permit is never held until after the interview. If that is what happened, then this is something new. If he received a notice in October that the card was mailed out, he should have received it weeks ago, and so I think something is wrong. It sounds like you tried to reschedule the interview, and some offices apparently still allow that. However, it has become much more difficult or impossible in some offices, and so even if you have tried to reschedule, it is a good idea to do your best to get ready and submit evidence, in case the interview goes forward on January 26. Take care, Jason
Hello Jason,
I am a citizen of one of the 19 countries on the banned list. I am green card holder . I had my citizenship interview scheduled for next month but today I received notification that they are cancelling it for unforseen circumstances. They did not elaborate when to reschedule. I think it is because of the policy memorandum released recently. Is there anything you advise that I do or just wait?
Thanks
I do not think there is anything to be done yet. We will have to see whether there is litigation challenging USCIS’s decision to stop cases for banned-country people, but as of now, I have not heard anything about that. Hopefully, the case will move forward soon. If not, you might consider a mandamus lawsuit, but you would want to talk to a lawyer about that first, and I think it is worth waiting a bit to see if anything changes. Take care, Jason
Hi Jason, thank you for your reply on this platform. My asylum case was recommended for approval in October 2018, and the final approval was granted in February 2021. After waiting one year, I applied for my green card. However, the green card shows a resident since date in 2023.
When am I eligible to apply for U.S. citizenship? Does the five-year period start from the date my asylum was approved in 2021, or from the resident since date on my green card in 2023, which was not backdated to 2021?
Assuming you are otherwise eligible (no long absences from US, no criminal issues), you can apply 5 years after the date on the GC, and you can actually mail the N-400 up to 90 days before your 5-year anniversary. For asylees, the GC is supposed to be back-dated one year, and so if you received it today, it should be dated December 16, 2024. If your GC was not back-dated (and USCIS sometimes makes this mistake), you can try to fix it, but I have never attempted that, as it seemed more trouble than it was worth. If you want to try, you can take a look here: https://egov.uscis.gov/e-request/typo (though I am not sure this type of mistake is considered a typographical error) or talk to a lawyer to see how best to proceed. Take care, Jason
Hi Jason,
Thank you for your consistent support of the asylum community. I have one quick question: With the recent termination of TPS and other policy changes by the Trump administration, is it safe for Ethiopians who have asylum-based GCs to apply for naturalization?
Thank you!
I think it is safe to apply for naturalization. Ethiopia is not on the “banned” list, and so there is no “hold” on such cases. I suppose that could change, but at the moment, there is nothing blocking Ethiopians from naturalizing (as long as you meet the normal eligibility criteria). Take care, Jason
Hi Jason,
Thank you for your response.
I have become aware that some of my detractors from my country of origin have been telling INS and EOIR that everything I said in my asylum application is a big phat lie, they want me to be denied and deported…
What should I do to make INS and EOIR not believing these evil snitches ?
I think that is a problem and you should document whatever you can. You may also want to talk to a lawyer about possible civil or criminal actions against them. Take care, Jason
Hi Jason, is it ok to bring an affidavit to the green card interview to explain yes or no question? Or is it better to submit it through the portal? I know there is section to explain certain things in the the application but the problem is the application is already sent. I was thinking it might be better to write an affidavit since it’s just additional information that need to be provided.
lastly, if a situation was already clarify during the asylum interview. Can we say please refer to the asylum affidavit for more details or do we have to rewrite everything that was clarify.
Thanks for you help.
If you need to clarify an answer on the I-485, I think it is best to upload the explanation to the portal if possible, and bring the explanation to the interview and give it to the officer at the beginning of the interview. Even if it was explained at the asylum office, it is best to provide the explanation again. The main issue is that you do not want USCIS to think you are hiding something or trying to lie about something, and sometimes, an explanation is needed when there is a not a clear yes or no answer. Take care, Jason
hi Jason,
My friend’s mom is coming to the USA on IR-5 visa next week she is from one of the banned countries, will she be able to get in from the airport?
Thanks
The original travel ban states that immediate relatives are not affected by the ban, and I have not heard about further restrictions on such people, so hopefully, she will be able to enter the country normally. If they are worried there might be an issue for her, maybe it is worth having a lawyer look at the specifics of her situation to see if there are any problems that might affect her ability to enter. Take care, Jason
Hi jason,
I recently applied for i-485 and i-131. Got receipt of i-131 as well and yet to receive for the i-485. I belong to one of the 19 countries halted by trump. Do you think my application will go as normal and they will do biometric and examine and all process and yet will not give us they GC because it is paused?
or the whole process is paused? Can you explain this to me and thank you again for your efforts in this noble cause. you are truly kind human being and respect to you.
As I understand, USCIS will accept the application and issue the receipt, and continue the case through the interview. However, they will not issue a decision. Maybe the actual practice is different from what I thought, and this is all very new, so we do not have examples of how things are working, but I think you should receive a receipt. How long the “halt” on decisions will last, we do not know. Take care, Jason
Thanks jason. Do you think they will interview refugees as well for the GC? Since we have been interviewed and vetted in third country before we entered US. So how do you see procedure for the refugees? The decision means that they will not produce GC if it is processed and approved?
My understanding is that refugees will be interviewed for the GC, but for the time being, no decisions will be issued. Also, the Trump Administration has indicated that they will re-examine refugees who entered during the Biden Administration, but as far as I know, that process has not begun and we do not know how it will work. Take care, Jason
So all refugees will be interviewed? I heard in IRAP news briefing this week that there might be some list (they will choose) and not all the refugees will be interviewed by the USCIS.
Jason, i did submit my printed photo for the i-485 with my application. I heard now that USCIS now requires biometrics for photos and will not accept self submit photos anymore. My application was submitted in Nov 2025. Do you think the photo i submitted will be rejected and i will be asked to take another by USCIS in biometric appointment? Plz explain. Thanks Jason.
I do not know that all refugees will be interviewed. The announcement was that refugees who arrived during the Biden Administration would be re-examined. Maybe that will be internal and there will not be an interview, or maybe some (or all) will be interviewed. We will have to see how it goes. In terms of the I-485, I have not heard about a change to the photos. If you submitted passport-style photos, I think you will be ok. They will take your photo at the biometric appointment. Take care, Jason
Thank you. The USCIS says that the photo should not be older than 3 years. I am not sure if it applies to biometric or self submitted passport style photos? The photo i submitted with my application is a bit old one and is not a fresh photo. Do you think it will be okay?
If the photo complies with USCIS’s requirements, it should be fine. I think you already sent the photos, and so I am not sure there is much to do at this point. If USCIS needs different photos, they will let you know. If you receive a receipt and are still concerned about this, you can send USCIS a letter with a copy of the receipt and the new photos, but without the receipt, there is no way to submit additional evidence. I think you will need to wait for a response to your initial filing before you can do anything else. Take care, Jason
Hi Jason! I am an asylee. My affirmative asylum application was approved in 2024, and I am not from any of the banned countries. My green card application has been pending since February 2025. I am not sure whether the current suspension on asylum cases also applies to adjustment of status applications, or if those are still being processed. Either way, I think this will likely double the processing time.
I do not think people from non-banned countries are currently halted, but the rules are constantly changing, so it is not easy to know. In any case, we have seen asylee GC applications take 1 to 2 years, and so it is probably too early to expect a decision. Also, I agree with you that the new changes will likely make things even slower. Take care, Jason
Hey Steve,
Mine has been pending for 30 months and I am not even sure what to do at this point
You might talk to a lawyer about a mandamus lawsuit. Given the current “halt” on decision, maybe you want to wait a bit to see if that ends, but otherwise, a mandamus lawsuit should get you a decision. In the mean time, you can also inquire about the case through http://www.uscis.gov and through your Congress person. To find your Congress person, follow the links under Resources called House of Representatives or Senate. Take care, Jason
Thank you Jason,
I have inquired several times with no avail. I think I just need to wait for a while and file a mandamus. By the way, do you know a good lawyer who does mandamus cases? I waited for 10 years to get my case approved and here I am once again stuck…. This is so depressing.
Our firm does mandamus cases (when the time comes, you can email me about that at Jason@MurrayOsorio.com). I am not sure we can do a case in every part of the country, but most places, we can do it. Take care, Jason
Hi Jason,
How do I extend my EAD one year in advance, given that according to USCIS, EAD extensions must be requested 180 days before the expiration date?
Thank you
You can file to renew an EAD at any time. USCIS recommends that you file 180 days in advance, but that is only a recommendation and not a requirement. Indeed, that recommendation makes no sense these days, since they ended the automatic extension and since renewals take more than 180 days (according to the USCIS processing time web page). Take care, Jason
Could filing too early result in a denial ?
I have never heard of that. I think the reason USCIS recommend not filing earlier than 180 days before the EAD card expires is to avoid having the new EAD and the old EAD overlapping for a long time. But I think it is better to have overlapping EADs than to file late and then have a gap in employment eligibility when your EAD expires and before you receive the new EAD. Take care, Jason
Is it safe to fly internally between states for someone with asylum case pending with USCIS?
There is recent news about TSA sending info to ICE about domestic travelers, but we do not really know who they are targeting. It might be good to wait a few weeks (if you can) to get a better idea about who is targeted. I doubt affirmative asylum seekers will be targets, especially if they entered the US with a visa. Take care, Jason
Hi Jason,
It’s been a while since I’ve been on your website, and I want to say thank you for the comfort and help it provided me throughout my asylum journey. I am now a US citizen and am back on your site seeking information and guidance again.
My sister recently entered the US across the border, was paroled, and has since filed for affirmative asylum for herself and her children.
I have a few questions regarding her case and my ability to petition for her:
Given that she has a very strong case, what are the odds of her being approved at the asylum office? I am also concerned about the chances of her case being referred to the Immigration Court, even with compelling evidence.
US Citizen Petition (I-130): As her biological brother (same mother and father), and a current US Army Solider, am I able to file an immigration petition (Form I-130) for her while her affirmative asylum case is pending in the US? If so, what is the average total time that this preference category case (F4) typically takes?
Would you consider taking on a case of this nature? If so, I assume I would need to call your office to get a quote for your services?
Thank you for any insight you can provide.
1 – The asylum office is generally not interviewing cases where people arrived across the border, and there is a good chance they will send her a letter indicating that they have no jurisdiction, and that she will have to pursue her asylum in court. There is a possibility that she would be subject to detention in this situation, and so she should make sure her case is ready and she has all evidence, so she can present the asylum case even if she is detained (the rules on detention are constantly changing and it is better to be prepared, just in case. 2 – You can do that, but the wait time is currently more than 16 years. Also, she would have no status during the wait, and she would need to leave the US to get her GC based on this petition. In addition, I think if her children turned 21 or got married during the waiting period, they could not benefit from the petition either. In short, it is legally possible, but given the very long wait, it is probably not worth the trouble. 3 – Our firm can assist with her case. It is probably easiest to make an appointment through our website or call the number on the website for an appointment: http://www.MurrayOsorio.com. Thank you, Jason
I hope you are doing well. Thank you for your consistent support of asylum community.
I am writing to seek your advice regarding naturalization. My family and I currently hold asylum-based green cards, and we will be eligible to apply for U.S. citizenship as early as January 2026.
Given the current political climate and President Trump’s openly hostile stance toward immigrants, including recent actions to terminate or severely restrict immigration from several countries, one of which is my home country, we are feeling anxious about proceeding with a naturalization application.
In light of these circumstances, would you advise applying for naturalization as soon as we are eligible, or would it be wiser to wait until the situation stabilizes? Are there any legal or practical risks in applying under the current conditions that we should carefully consider?
Thank you very much for your time and guidance. I truly appreciate your insight.
Sincerely,
Gr8ful
People from “banned” countries are not currently allowed to naturalize, and we do not know how long this hold will continue. My instinct is that people should still apply for citizenship, so they are in the queue, especially if they have a clean case with no issues (no criminal issues, and no concerns about the validity of the original asylum claim). On the other hand, there is not much harm in waiting a few months to see if the hold ends and how USCIS is treating people from banned countries who file for citizenship. Giving the constantly changing policies, it is difficult to know what is best, but hopefully we have more clarity as we see how the new policies go into effect over the next couple months. Take care, Jason
Hi there Mr Jason
I want to ask about what are the risks of travling back to the US on a refugee travel document nowadays after spending a month abroad? Green card is still pending. I know its only an issue when someone visit the country they ran away from but lots is happening nowadays and im worried abd wanna be ready for any issues
I have not heard about anyone with a valid RTD having problems when they return, and so I think that should be ok. Take care, Jason
Hi Jason,
Thank you so much for your continued and tireless support of the asylum community. Your work truly means a lot. I’m reaching out for your guidance. I am now eligible to apply for naturalization through my asylum status and have been preparing for this step for quite some time. With the frequent policy changes, however, I’ve become a bit cautious and want to be sure I’m making the right decision and not risking anything unnecessarily. I don’t have any major concerns other than a couple of speeding tickets, which I understand should not be an issue. While my country is not currently on the banned list, I’ve seen discussions about possible future expansions and am unsure how that might affect my case. My eligibility date is December 18, and I’m ready to file then. I’d really appreciate your advice on whether it’s best to proceed as planned or consider waiting.
Thank you again for everything you do.
At this point, I can see no reason to delay. While the expanded vetting may delay cases, they will still go forward, and even if there is a “pause” on your country, you might as well be in the queue for your citizenship. The speeding tickets should not be an issue, as long as they are no reckless driving or DWI or something like that. One other small point – if you are planning on filing 90 days before your 5-years green card anniversary, I might wait an extra week or so. If USCIS believes you filed too early, that could result in a denial, and so I think it is safer to give yourself a few extra days to avoid this possibility. Take care, Jason
Hi Jason,
If a person files for asylum before the one-year deadline but after their status has expired, will the application be denied because of it? Is USCIS denying (referring to court) applicants who filed after their status have expired even though they filed before the one-year deadline? Also, in general, does filing for asylum after the status expired affect the decision of the officer?
I do not know of an example where a person filed for asylum after their status ended and their case was referred to court without an asylum interview. The only cases I know about where this happened are cases where the person entered without a visa at the border but the court case was never initiated. In those cases, the asylum office often decides that it does not have jurisdiction and sends the person to court without an interview. Also, filing after the visa expires should have no effect on the asylum case as long as you filed before the one-year bar. Take care, Jason
Hi Jason, hope you are well.
I am filing mandamus lawsuit for my pending i-485 green card. I am from a not banned country, but my husband is. He is primarily asylee. The lawyer filing mandamus says my case can be adjudicated with the lawsuit, but his might not move given the recent freeze. Although I am not sure if my case can be adjudicated before his since I am a dependent. Thougths? Thanks!
I have not seen any cases where the dependent of a “banned” country person applied for a GC, but I do not see why your husband’s country would affect your ability to get a GC. If USCIS holds your case as well, the mandamus may not be effective, at least until the hold ends. Maybe explain the situation to the mandamus lawyer to see what they think. Take care, Jason
Hello Jason,
If a primary asylee is not from a banned country and 10 months have already passed since they applied for a GC, would it be wise to send a letter to the senator/congressperson or to file a mandamus in this situation? Please advise. Thank you
I think 10 months is too soon for a mandamus. You can check processing times at http://www.uscis.gov, but I think for asylee green cards, the listed processing time is 17 months. It is probably also too soon to inquire directly with USCIS, as the Agency only allows you to submit an inquiry if your wait time is at least a few months longer than the listed processing time. You can always reach out to the Congressperson, but again, I think it is too soon for that. If you have a reason to expedite the GC, maybe you could try that – I wrote about expediting with USCIS on January 29, 2020. Take care, Jason
Hello Jason,
Are you or your firm planning to file any lawsuit (class action or mass action) against the new USCIS restrictions?
I have not heard about planned lawsuits for the newest changes, but I think it is too soon to know. There are many cases pending against prior changes, and so I would not be surprised if we see some of the new policies challenged in court. Take care, Jason
I think HIL is trying to have class action lawsuit.
Hello Jason,
I am from a “banned country” and I applied Asylum in 2018, surprisingly approved in 2018, and got my greencard in 2021, in 2026 I will apply for citizenship. Do you think they will make it hard for citizens of banned countries?
At the moment, people from “banned” countries are able to file naturalization applications, but the cases cannot be completed because there is a “hold” on decisions for people from these countries. We do not know how long this hold will last, or whether additional requirements will be placed on such people, but as you get closer to the time to apply, you can check the news to see what is happening. Take care, Jason
Hi Jason,
I have been renewing for for 10+ years with no issues, application pending for 11 months now (i posted on another thread, thanks for your insight). My question now is I never had to do biometrics in the past, should I expect to be called in for that now? if yes, is there any risk of detention during this appointment?
Thanks in advance Jason!
If you have a pending case and are renewing an EAD, I doubt you will get called for biometrics. Also, I have not heard about anyone being detained at a biometric appointment, so I think if you are called, it should be ok. Take care, Jason
Just going to drop my 5 cents here.
We waited for an interview for 8 years. Did biometrics when we applied.
When we got called for an interview, they asked us to resubmit biometrics. They claimed that they lost my dependent’s biometrics.
No issues at the appointment.
My friend had the same request after applying for GC post asylum approval. Also had no issues.
Both appointment were done this year.
Hey Jason!
On egov.uscis.gov when I’d enter my case number it used to say “Next Step Is An Interview” but now it says “Application Is Pending”. Does this mean they’re working on scheduling my interview? I haven’t received anything in my mail yet so I hope I didn’t miss my interview notice…
You can check Notices on your USCIS portal to be sure, but many people are seeing this change, and it does not seem to have any meaning. It is a good idea to gather your evidence and make sure you are ready to go, just in case an interview is scheduled. Take care, Jason
Hi Jason I filed my asylum based greencard about a year and 4 months ago, still no progress do you have any idea when I should expect to receive it also do you know who received greencard near my timeline?
Do you think I should consider Mandamus lawsuit to receive my greencard?
Thank you.
Timelines are very unpredictable – you can check processing times at http://www.uscis.gov. Most cases I have seen were taking 1 or 2 years, but it seems like things are slowing down. Also, people from banned countries (and maybe other asylees as well) have their GC applications “on hold” and we do not know how long that will last. In your case, you can try to inquire through the USCIS website or ask a Congressperson to inquire for you. You can find contact info for Congress if you follow the links under Resources called House or Representatives or Senate. I think it is probably too soon to file a mandamus, and it is worthwhile to make other inquiries first, but you can also talk to a lawyer in your area to get an idea about the time frame for when it is appropriate to file the mandamus. Take care, Jason
Hi Jason,
I just found out that my immigration judge was fired. However I did not receive any letter from the court and there was no update on the EOIR i.e. still showing same date and same judge. Do you know if this will be rescheduled? And when will I receive a letter?
In some cases, new judges are stepping in, and the case goes forward on the same date, so you should be ready in case that happens. In other cases, the court date will change. You will just have to keep an eye on the EOIR case status website to know, and they should send a letter with any new date to your lawyer or you, if you do not have a lawyer. Take care, Jason
Hello,
I hope you are doing well. I applied for my green card through asylum in October 2022, and I am not from the banned countries. Since then, I have not received any update on my case. I have contacted my congressman several times, but I still have not received any results.
What is your opinion about filing a Writ of Mandamus to help move my case forward?
Thank you very much for your assistance.
It depends in part on where you are, as different parts of the country have different policies for mandamus cases. However, you have been waiting 3+ years already, and so I think a mandamus would likely work. Talk to a lawyer who does such cases to be certain, but it seems like an option to me. One word of caution: if you think there are problems in your case that might cause it to be denied, you should discuss that with an immigration lawyer first, so you are ready if USCIS tries to deny the case. Take care, Jason
Hello Attorney Jason, thank you for all you do. We are very scared right now in Florida. Quick question for you please, do you think if Democrats win in 2028, they could re-designate Cameroon for TPS? I got in through Mexico and fear that if I go back, I will be killed by the regime of paul biya. He just won his 8th term and might be in power for long or hand in over to his son or to any member of his gang.
Thank you again for all you do.
Anything is possible, but I would not count on that. If you have an asylum case, you should do your best to gather evidence and be prepared. That way, at least you can present the strongest case possible if you get scheduled for a hearing or interview. Also, if you entered at the border, you are potentially subject to detention, and so it is important to prepare in advance and to have someone who can assist you if you are detained. That way, at least you will be ready in case something happens. Take care, Jason
Hi Jason,
Pedning I-589. We (my spouse and I) applied and received our EADs a week ago. We are still waiting for our social security to arrive. Is it possible to get a social security number for our child (5 years old)? The child was included in my affirmative asylum application as dependent. We did not receive any receipt on his name, if that makes difference. Thank you very much!
Here is our timeline if anyone finds this helpful:
Applied for affirmative asylum at Chicago office: April 2025
Applied for Work Permit: October 2025
Received Work Permit: October 2025 (valid for 5 years)
Notice of Interview: October 2025 (received the noticce 7 days after applying for work permit)
Notice of Interview Cancelation: 7 days before the intervew
I think to get an SSN, your child would need to file for a work permit. This used to be no problem, since the first EAD is free, but now there is a fee and so it may not be worth it. You might also check with the SS office to see whether the child can get an SSN without a work permit, but I am not sure. Also, in terms of the interview being cancelled, it could be rescheduled at any time, so make sure you are ready, just in case it gets scheduled. Take care, Jason
Thank you, Jason.
You were right. We went to the SS office and they said, the child needs an EAD to get SSN.
An update: we received notice of interview cancelation in November. Now, in our online account under “Case History” it’s showing “Interview Scheduled” (dated December 8). Under “Case Status” it’s showing ” Case Pending”. Under Notices, there is no notices for rescheduled interview.
What shall we do? I am worried we might miss the interview since we did not receive the notice. I have a feeling this is just a glitch in the system and the inerview was never rescheduled.
Btw, it’s Chicago office.
Thank you.
I would email the asylum office directly about this and ask about the interview. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Jason we received a letter from the asylum office for an interview it is too close it is like they have almost not given any breathing time with the situation right now.
We contacted USCIS and raised a ticket i think what is it called to change the date of the asylum interview.
I am going through a medical condition for 7 months now without medical insurance and it has taken a toll on my health, my family and my mental health.
I am draining, and need to change my clothes often. it is possible to change the date of the interview stating i am not fit to travel and attend interview with two kids with me as i do not have any help.
If we have raised a ticket how long does asylum office take to change the date? is it within weeks will they somehow contact us? or will just be too late and we will miss the interview date?
Many thanks Jason
In LA office i was able to re-schedule interview through the email and they responded to me within 3 days. I think it depends on the office.
Can you please share the email with me i am
Due in LA office in irvine. Thank you !
The email for LA is here: losangelesasylum@uscis.dhs.gov. Take care, Jason
I’ve emailed losangelesasylum@uscis.dhs.gov.
Also my lawyer sent the email but they haven’t responded to him, next I sent the email myself and they responded within 3 days. So it may take you few attempts
Did they change the date for the interview and when did they give you the next date? Is it one year out or is it just a few months or have you gone for the interview already? If you are going do you think it’s a good idea to go for the interview and also our children allowed. I have a five-year-old with me and she is a US citizen.
It is better to not bring a child to an asylum interview unless the child is a dependent on the case, so if you can find a babysitter, that is best. Take care, Jason
Unfortunately, it is nearly impossible to change the date of a scheduled interview. Maybe if you have a letter from your doctor explaining why you cannot attend, you can try that. I would email it to the asylum office directly to ask. You can find their email if you follow the link under Resources called Asylum Office Locator. They often do not respond quickly or at all to requests to reschedule, and so it is a good idea to do your best to get ready. Note that most asylum offices want you to submit additional documents a week before the interview. Some offices may accept documents by email, but probably you will need to send them by mail and bring another copy with you to the interview itself (and even if you cannot submit the documents a week before the interview, try to submit them before the interview if possible, and bring another copy to the interview itself). In terms of the ticket, I am not familiar with that – our local asylum office almost never allows rescheduling, but when they did allow that, I would usually make the request by email. Take care, Jason
Hi Jason
Thank you for replying to the comment above.
I appreciate you so much in life. Honestly with the way the world is heading it is so good to have human beings like you.
If I really have to go for this interview and I cannot change the date.
Can we have your as our lawyer.
It is in Los Angeles office, Will you be able to come with us.
Can you prepare us to win this interview.
I am beyong nervous.
The thought of leaving my kids alone with the baby sitter and thinking if we might get arrested.
What will happen to the future of our kids.
We are a very peaceful family.
This is the first time we are facing an interview. is it possible to get have a negative impact. Why are they asking us to come for an interview when all decisions are paused is it to arrest families.
I belong to a different country they will seperate me from my kids and i will sure die.
I dont know any other country except for my husbands country.
Even if they deport us will they keep us together as a family.
I am so confused, I am such a strong person by nature, but this whole thing is taking over my mental health because my kids are involved in this.
I have not heard about anyone being arrested at an affirmative asylum interview, except possibly where the person has criminal convictions, and so if you do not have a criminal record, I think that is not a worry. I think if you feel better bringing your children to the interview, you can do that, but bring the babysitter also, so they can wait outside the interview room while you do the interview. Also, while decisions are paused, interviews are not paused and many people are still receiving interviews. In terms of me, I do not think I would be able to travel to attend the interview. However, our firm and I could prepare you for the interview (prepare evidence and practice for the interview with you) and an attorney with more ability to travel could attend the interview. If you would like a consultation, you can email me at Jason@MurrayOsorio.com for more info. Thank you, Jason
I am not from one of the 19 countries. My asylum had been granted 2 years ago during Biden administration. My green card has approved this year on March, 2025 after new administration took the office. Is there a possibility that they may review my asylum case and re-interview?
Hi MEM,
Jason will answer you with more clarity.
They can certainly do whatever they want. The whole point of adjusting status is to become a permanent resident which is a change from receiving Asylum alone. They can certainly review or even reinterview and it’s best to be prepared. But if they want to cancel your permanent residency status, it’s a whole process and you certainly can fight for it.
We do not know for sure, but it sounds like they will only be reviewing green cards for people from “countries of concern” and if you are not from a “banned” country, that should not apply to you. Whether they will go back and re-examine anyone granted asylum during Biden’s term, we do not know, but that seems pretty impractical (not to mention useless in terms of security), and so hopefully that will not happen. Take care, Jason