I recently met with the family of a man from El Salvador who we’ll call Jorge. Jorge was detained by ICE and is facing imminent deportation. He has been in the United States for more than 10 years, has no criminal convictions, and has several relatives with legal status, including his child (a U.S. citizen) and his mother (a permanent resident). Jorge had faced danger in El Salvador: criminals tried to force him to join their gang. They also murdered his uncle. Based on these facts, Jorge is legally eligible to apply for asylum, Withholding of Removal, relief under the UN Convention Against Torture, and Cancellation of Removal. The question for him and his family is whether fighting his case and trying to avoid deportation is a good idea.
The first decision in nearly every removal case is whether to do the case at all. Rather than trying to stay, you could just leave. But how do you make this decision?
The most obvious considerations include (1) how strongly do you desire to stay in the United States; (2) the likelihood that you can win your case; and (3) your budget.
Most of my clients have a strong desire to stay in the U.S. Many face real danger back home. They have often been in the United States for years and have established themselves here. They have U.S.-citizen relatives, jobs, property, and community ties. In some cases, they would have to leave the country without close family members, which could mean permanent separation from children, parents or a spouse. For people in this situation, the idea of leaving is nearly impossible to fathom, and–at the very minimum–would result in emotional and economic hardship. Because most non-citizens have compelling reasons to remain in the United States, it is very important for them to stay here.
Whether a person is able to stay lawfully in the U.S. depends on the strength of their case. Some cases are relatively straightforward. For example, if you are married to a U.S. citizen, entered the country lawfully, and do not have criminal convictions, you should be able to get your Green Card. Other cases are more complex. Even the best asylum case involves uncertainty, and the likelihood of winning depends on many factors: the danger you face in your country, the evidence and witnesses you can present, conditions in your home country, if there are any bars to asylum, whether you are detained, whether you speak English and understand “the system,” and whether you can afford a competent attorney. There are also more unpredictable factors, such as which judge or Asylum Officer happens to adjudicate your case and whether the Trump Administration has arbitrarily targeted people from your country.
While it is often quite difficult to determine the likelihood of success (I once wrote a piece about this called Answering the Impossible Question), a lawyer can help evaluate the strength of your case. It is helpful to have some idea about your chances, as you need to plan your life. You also need to decide whether it is worth the effort and expense of litigating your case. And this brings us to money.
If you are one of those unlucky people with limited financial resources, you have to decide how best to spend your money. If you don’t have a strong desire to stay in the U.S., or if you think the chances of winning your case are low, it may not be worth spending thousands (or tens of thousands) of dollars to fight your case. Maybe that money is better used to re-establish yourself in your home country or in a third country.
The decision to leave or try to stay is obviously life-changing for you and your loved ones. If you decide to fight, you should do everything possible to win: gather evidence and find witnesses, get help from your community, prepare your testimony, hire a lawyer who you trust.
If you decide to leave, you can take steps to increase the likelihood of returning some day. If you are in Immigration Court, you can apply for Voluntary Departure, which allows you to leave the U.S. without a removal order. This potentially makes it easier to come back. Before you agree to Voluntary Departure, talk to a lawyer to understand how it can help (or not), and whether, when, and how you might be able to return.
If you have a case at the Asylum Office, you should withdraw your application after you depart to avoid a possible removal order.
If you are leaving, you might also look into the new CBP Home Mobile App, which allows “illegal aliens to voluntarily notify the U.S. Government of their intent to depart the United States instead of facing ICE enforcement actions, detention, and removal.” According to DHS, those who use the app may be eligible for certain benefits, such as “cost-free travel, travel assistance, and a $1,000 exit bonus.” I have not tried this for a client, and I don’t particularly trust DHS, but perhaps it can be useful to some people.
In Jorge’s case, he and his family have not yet decided how to proceed. Although he is legally eligible for relief and he has compelling reasons to remain in the U.S., he does not have a strong case and the likelihood of success is low. Unfortunately, many families face this same dilemma. By understanding your case, realistically evaluating your chances, and considering your financial situation, you can make the best possible decision under very difficult circumstances.
Hi Jason ,
Thank you for your continued help for the asylum community.
I am asylee with green card. i have a travel document expring on Feb 28.
My question – Is it safe to travel overseas with my travel document since it has a short validity period?
Than you very much !
If you use it instead of your passport, some countries will require 6 months of validity (or maybe more) to let you into their country. You would need to check that on their embassy website. In terms of returning to the US, you should be fine as long as the travel document is valid. Take care, Jason
Happy New year sir,
I have a question regarding the tax transcript requirement for the N-400 (naturalization) application.
I am a full-time student and did not work during 2024 and 2025 years. For the years in which I had no income and did not file taxes with IRS, what documentation should I provide in place of a tax transcript? I’m planning applying for N-400 In March, 2026. Do I need to bring verification I’m a full time University student or do what form?
Thank you very much.
Happy New Year! I do not normally submit tax transcripts with the N-400 unless USCIS requests them. It is fine to do that, as it helps show good moral character, and so you can submit what you have. For years when you were a student, you can submit your transcript or other proof that you were a student and provide a short explanation that you were a student at that time and not working. Take care, Jason
what happen if asylum green card is denied? Do the applicant lose asylee/refugee status and place on removal?
That can happen, but it depends on the basis that the green card is denied. In the past, I’ve seen it happened that the GC was denied and that was the end of the matter; the person kept their asylum status. Then they could re-apply for the GC (again, depending on the reason for the denial). Take care, Jason
Any new updates regarding 3rd country removal pretermit ?
From the asylum advocates ?
I mean this is serious, if OPLA attorneys can repeated file motion to pretermit based on this alone before the merit hearing…then all asylum seekers are in danger of being removed to a 3rd country…
In your professional opinion, could a court of appeal overturn that precedent BIA decision allowing 3rd country removal pretermit ?
I plan to write about this in the coming month, but at this point, advocates are still working on responses. Take care, Jason
Hello Jason, I am in urgent need of advice. I applied for affirmative asylum in January 2021 while my family and I were in status. Last year after consulting an immigration attorney my husband who is a derivative on my application applied for EB2-NIW, received an RFE at first and than denial. The attorney guided him to appeal the decision for the denial which he did. Unfortunately on the 26th of December my husband received an NTA for removal for 01/30 master hearing online. We are extremely worried why he received the notice and what our next steps should be? As per our attorney the derivatives on asylum applications are receiving such notices and she said she will try to get this dismissed but I am not sure why would they do that because he is already part of my case. My case is still showing pending for an interview. We also have 2 kids that are teenagers and we are very worried if this can affect them in any way as well. Please let me know if you have any advice for us. Thank you so much
USCIS is now sending people to court once it denies their case. This is not happening to everyone, but I have heard it happening in a situation like this. This is something new, as your husband still has a pending case as your derivative. However, I doubt the court will dismiss his case for that reason. It sounds like your attorney thinks this is possible, and so maybe that will work, but I think he will likely need to go forward with his own case in court (and seek asylum or other relief as the principal applicant, assuming he is eligible). It sounds like you and your children did not get sent to court, and so your affirmative case seems to be continuing as before. Take care, Jason
Jason thank you so much for your response. Is it possible that we can have you represent my husband in his internet based master hearing? We are in NY and I am not very confident with our current council being able to handle this properly. Also my husband is super stressed about this whole situation and getting worried that they might come after him before the hearing etc. do you think it’s possible?
We should be able to do that. If you wanted to arrange a consultation, you can call to do that: 703-952-3275. Please do note that I work on cases mostly in a supervisory capacity. Thank you, Jason
I couldn’t find a job and I am struggling. I don’t want to be on the street…
I want to ask … if I do sex work…would it negatively affect my case ? I am sorry I am asking this way but I cannot think of anything else and I need to make some money, but I cannot find a job.
I am not a lawyer or law enforcement or not here to preach you any morals but sex work is illegal and a fast way for you to be deported. I live in a city where there are street walkers (sex workers picked up on street). Just few days ago, they swept about 100 of them. Usually they arrest men looking for sex but lately they are arresting the female too and I dont advice you in engaging in illegal activitiy.
And yeah I do see women frequently standing on the street and trying to get customers…even though it’s illegal, that’s why I am wondering….
So I cannot even do sex work…
Then how do I support myself ? Right now I have EAD and find it extremely difficult to make money…
In the future, there could be a chance that I lose my EAD, and what can I do to make income ? Other than sex work ?
I feel that sex work should be legalized because it could create a pathway for undocumented immigrants who lack work authorization to make income…
The Immigration Judge assigned to my case was removed, and no new judge has been reassigned yet. I now live in a different state and need to file a Motion to Change Venue.
Can EOIR or the court administration approve or process a change of venue without an Immigration Judge’s order, or must the case wait until a new judge is assigned?
Also, can this delay be held against me in any way?
Thank you.
You can file the motion and someone should rule on it. If you already have your work permit, changing venue should have no effect. If you do not yet have a work permit, changing venue will stop the Asylum Clock, which will delay your ability to get a work permit. Take care, Jason
If you are convicted of a crime, it could affect eligibility for asylum, depending on the conviction, and if the Asylum Office or court knows about this work, it will likely be considered a negative discretionary factor. Take care, Jason
https://support.iraplegalinfo.org/hc/en-us/articles/43977659159188-What-do-the-recent-U-S-immigration-changes-mean-for-Afghans
Hi Jason,
Could you plz elaborate this article/briefing from IRAP. My question is particularly about the section it says about refugees if you sections in I-485 and certain new policy rolled out after DC attack, it says “Refugee green card applications are not discretionary and should not be affected by this policy”.
Basically its about certain policy which were sent out by trump admin after DC attack and its effect on Afghans.
If you plz take time out and read it. Thank you for your help.
I am not sure what your question is, sorry. USCIS is holding all green card applications at the moment. How long that will last, we do not know. They announced that they will re-evaluate Afghan asylum and refugee grants, but exactly what that will look like, we do not know. It is possible that some of these new policies violate the law, and if so, there may be a lawsuit to try to block them, but I have not heard about any such effort yet. I think what it means for asylees, refugees, and GC applicants is that there will be some delay and potentially, they will be re-interviewed. I wrote something more about this on December 3, 2025. Take care, Jason
I am not feeling very happy recently.
I have been thinking about a lot of things.
Since the first day of the presidential campaign. My detractors in my country of origin have been praying for a conservative win and more restrictive immigration policies. They bring it out to social media, vocally supporting trump and desantis…now they get what they want and I am at more risk of removal. I can even feel that their excitement and joy upon trump’s victory. Everytime I think of this, I feel sad. I feel that I am powerless to stop the bad things from happening to me.
Have you observed foreign government or actors purposefully supporting the republicans for a purpose to make it easier to remove their country’s asylum seekers ? I feel we need to investigate these republican-foreign country collusions…this is harmful to asylum seekers.
I do not know about that, but I imagine that persecutors in other countries generally do not want their asylum seeker countrymen to return home. They probably feel better off that those people have left. But I suppose it depends on the specifics of the situation. Take care, Jason
I just hope that I can win asylum, this will help me achieve my inner peace and I will consider then I win the struggle against my detractors.
Hi Jason!
I’m from Egypt and got my asylum case approved in 2024 then i applied to my green card about 10 months ago. I keep hearing that all GCs are on hold, does that apply to me?
I have heard that all GCs are on hold as well, though I do not think there was an official announcement and we do not know how long this hold will last. Adjustment of status for asylees normally takes 1 to 2 years, and so I think at this point, there is nothing to be done. Hopefully, the hold will end and you will get your GC soon. Take care, Jason
Are N400 cases from asylum-based green card holders also on hold?
I am not sure about that – this was only a rumor and there was no official announcement. Take care, Jason
Hi,
I am a LPR thru EB2 trying to file immigration benefit for my spouse. She has a pending asylum case with individual hearing scheduled for March 2027. She came here on F1 and has unlawful presence of 150 days. Is she eligible for AOS within US while I am a LPR? Should I file I130 only or file I48A when date for filing is current? Thank you!
If you are an LPR, she would probably need to leave the US to get a green card based on your I-130. If you become a citizen, she should be able to adjust status (get the GC inside the US). There are (rare) exceptions to these rules, and so maybe you want to talk to a lawyer to see what is best. Even if she loses her asylum case, she can appeal, which may give you enough time to become a citizen and make her eligible to adjust status, but this is best discussed with a lawyer who can look at the specifics of the case and help you make a plan. Take care, Jason
Hi Jason
I received a reply to my email my interview date will be rescheduled.
But nothing has come in the mail. do you know how long it will take to get the letter in the mail or the information to be updated.
Do they reschedule again for a closer date or it takes longer than expected?
Please help me understand
Thank you
If it has been more than a month or two, you can reach out to them to ask. I think it is best to email them again. There is no “normal” any more, but in the past, when they rescheduled, it was usually within a month or so (but maybe things are slower due to the holidays). Take care, Jason
Hi Jason
We do not fall on any of the banned list or the country that needs to pay $15k for non immigrant visa.
I already received my asylum based GC last year and my husband’s derivative based GC application is pending for a year.
Can you please share if my husband’s application is also on hold since its derivative asylee or is it only for the banned list?
My understanding is that at the moment, all GCs are on hold. We do not know how long this will last, but even before the ban, USCIS was taking one to two years to issue a GC for most people, and so hopefully, the wait will not be much longer. Take care, Jason
Hi Jason,
I filed an asylum case in 2015, and the case has been pending all this time.
Two days ago, I received a request for an interview. What should I do?
given that my entire case is based on a personal threat from the former Assad regime,
What are the chances of denial, approval, or referral to an immigration court?
Is there any possibility of being detained during or after the interview?
Please note that I filed an I-485 application based on employment, and it was denied for reasons related to not having valid status while my asylum case was pending. I then filed an I-290B motion to open or reconsider, but I have not received a response yet.
Also, I did not renew TPS after the government decision to terminate it.
Thanks for you kind attention.
I do not think the 290B will help you at this stage of the process, and you will have to do your best to present your case given the current circumstances. I did a blog post about this issue on June 14, 2023, but that is not specific to Syria. The situation there is still fluid and I imagine you could face danger there for various reasons, including that you may be viewed as “American” since you have lived here for a long time. Maybe you want to talk to a lawyer to go over some ideas about how best to present the case. In terms of detention, I have not heard about people being detained at these interviews, except maybe where the person had a prior criminal issue. Take care, Jason
I hope you see the light soon in your situation. I wanted to ask you a question- how did your I-485 was denied; did you have a status when you applied to it? Or they judge you on a period of your life that during which you did not have a status and you were on asylum pending?
I am asking because my wife and my kids have a TPS now, they have few years in their life where they only have an asylum pending only- I did apply for them to joint my H1B- as TPS to H4 AOS- however still pending. I am afraid they will get denied for same reason you mentioned despite having a lawful status now.
It is a scary time to work as Doctor in this country and you can’t keep your kids around because of travel ban.
Each of these situations is a bit different due to the specifics of the case (not to mention the constant changes in policy), and it is worth having a lawyer look at the case to see what is the best approach. Take care, Jason
Unfortunately I had the same situation, while I got the tps only couple years before filling i485.
I hope it works for you.
Hello,
I hope you are doing well.
I would like to ask whether the recent decisions to suspend or pause immigration-related processing for Syrian nationals have any impact on the approval of Form I-730 (Refugee/Asylee Relative Petition), specifically in cases where the beneficiary family members are already physically present inside the United States.
Does this suspension affect pending or future I-730 petitions for family members inside the U.S., or is it limited only to consular processing and cases outside the country?
Thank you very much for your time and guidance.
Best regards,
There is no clear answer. Most lawyer seem to think that the travel ban does not apply to I-730 petitions for people overseas, as the language of the executive order states that it does not affect asylum. However, it does see like I-730 petitions are moving slowly and in some cases are being denied for unknown reasons. I think you should just proceed with the petition and see how things go. Hopefully, it will keep moving. Take care, Jason
Hi Jason,
Quick question, does warrant in debt from bank and make payment arrangements does it affect immigration benefits like filled AOS? Thanks
I do not know what that is, but there is a public charge requirement for some AOS people (not asylees). If it is a criminal issue, it could affect the AOS, and if you are not sure, it is best to talk to a lawyer. Take care, Jason
Hey Jason, thank you so much for your continued support of the asylum community — it truly means a lot.
I have a quick question. I currently have a Real ID and my asylum case is still pending. I’m planning to travel to another state for a short vacation and would be flying domestically.
Given the recent news, I feel a bit concerned and wanted to confirm whether it is okay for me to fly within the U.S. under these circumstances. I would really appreciate your guidance on this.
Thank you again for your help and support.
As long as you have a real ID and traveling in the mainland you should be fine, I’ve a pending asylum and fly every two weeks for work with out any issues….have a safe trip.
TSA (the security agency for domestic flights) is supposedly now sharing data with ICE, and I have heard of an example where a woman was detained and deported based on this data sharing. However, in her case, she had a prior deportation order. I have not heard of any examples where someone with a pending asylum case, a valid ID, and no criminal history has been detained during a domestic flight, so I still think that is ok. Aside from the Real ID and your work permit, I do think you should also carry proof of the pending asylum case, such as a copy of the receipt. Take care, Jason
Hi Jason,
Family member was released by ICE on bond late night Monday. Turned out they had an ice check in scheduled for Tuesday, the next day, that they weren’t told about at the time if release. Only the bond company knew about it via email and they failed to inform us in time. Now all federal offices are closed till Monday. We are not sure what to do.
I though that ICE offices were open during the holidays, but I am not sure. If the person has a lawyer, talk to the lawyer before you make any decisions, but I think your family member should report there as soon as possible and explain what happened, and provide evidence if you have that (such as your communication with the bond company). Given that your family member was just released, it seems unlikely that they would now be re-detained. Take care, Jason
Hi Jason
This is about the new proposal to select 200-300 cases a month for de-naturalization. My family was naturalized under Trump in 2017. There was obviously no misrepresentation or fraud but we were Asylum recipients which are being targeted. Do you think being naturalized under Trump would reduce the likelihood of being hassled by needless and costly civil litigation by DOJ? Thanks.
I do not know how this new policy will be implemented. Given that there are probably millions of naturalized US citizens, the odds of being selected are very low, and it seems the only purpose of this is to frighten people and cause them to feel excluded. I suspect it will mostly be newer cases, but we will have to see. And if there are no issues with the case, I doubt there is a lot to worry about, as it is a high legal standard to denaturalize a person, and if you have a “clean” case I do not think it would be legally possible to take away your citizenship. Take care, Jason
Request to Reschedule Was Received
We are rescheduling your interview at your request. This action is considered an applicant-caused delay for purposes of eligibility for employment authorization. Once we have rescheduled your interview, you will receive an interview notice. This applicant-caused delay will be resolved, and your clock will restart, when you appear for your rescheduled interview.
Consequently your 180-Day Asylum EAD Clock has stopped as of December 22, 2025. As of December 22, 2025 you have 3148 days attributed to your 180-Day Asylum EAD Clock.
Hi Jason, can you please read the above message? Can you please let me know what does this mean we had to reschedule our interview due to medical reasons and they managed to reschedule but we got this message so need to know what’s the meaning of it also we do have work permits active until 2030. Does it still apply to us what they have said about?
Request to Reschedule Was Received
We are rescheduling your interview at your request. This action is considered an applicant-caused delay for purposes of eligibility for employment authorization. Once we have rescheduled your interview, you will receive an interview notice. This applicant-caused delay will be resolved, and your clock will restart, when you appear for your rescheduled interview.
Consequently your 180-Day Asylum EAD Clock has stopped as of December 22, 2025. As of December 22, 2025 you have 3148 days attributed to your 180-Day Asylum EAD Clock.
Hi Jason
I reschedule the interview routine. Let me know what is the above message mean because we already have a permit act until 2030.
It is basically meaningless. Causing a delay is only an issue if the clock stops with less than 180 days. Since the clock has way more than 180 days, there is no effect and you remain eligible to renew your EAD when the time comes. Take care, Jason
Hi Jason.
I need assistance in understanding the status of an immigration court case online. I was reviewing the information on behalf of an individual who was granted a Withholding of Removal/WOR approximately eight years ago. In the case status online, under the section for the court decision, the details do not explicitly indicate whether the judge granted the WOR. Instead, it displays the verbiage “The immigration judge ordered REMOVAL.”
Could you please clarify what this means? Does this indicate that the person was granted the WOR or not? This information is somewhat confusing. Additionally, if ICE reviews this case, does it imply that the person will be targeted for detention and deportation? Considering the current policy environment, which tends to detain and deport individuals (esp. 3rd country) with active removal orders, I would appreciate any insight you can provide regarding how the system displays case statuses and how the back office, such as the court and ICE, interpret this information.
Also, have you heard any active target for detention and deportation for WOR? What would be the risk criteria or profile? Just wondering if the person who never ask to do check in since their last court decision where administratively closed and now all of sudden, what is the risk being asked to check in and possibly detain while the govt is working on the 3rd country option? Esp. with the budget for aggressive enforcement that will come in the next coming years.
I have seen WOR displayed in different ways on the EOIR case status webpage, but in some cases, it says that the judge ordered removal, so the notice you are seeing seems normal to me. I have heard about some people with WOR being targeted for third country removal. I wrote more about that on March 12, 2025, but since then, the situation has gotten worse and more people have been targeted for third country removals. In such cases, the person need to explain why they fear removal to the designated third country (during a reasonable fear interview) and potentially seek release by filing a habeas corpus petition. Unfortunately, it can be difficult and costly to defend against such third country removals, and I have heard about a number of people who were actually removed to third countries. I still expect that third countries will only take a limited number of people, and so how long this practice will continue, we will have to see. Hopefully, not for long. Take care, Jason
Hi Jason, have your heard or seen in your personal cases the new tactic where DHS asks judges to cancel asylum and remove asylum seekers to the 3rd countries like Uganda, Ecuador etc? I’m trying to find more information about what can be the basis of such request – illegal entry, existing order of removal or asylum seekers nationality, but can’t find much online – just general information. If you have a chance, could you please write a post about this process, who does it affect or share any information on what could be defense in cases like this. Thank you, and just know how much we appreciate you and all your efforts in answering our questions, and providing information.
I have seen that and I may write about it. It seems the targets are people who entered the US at the border, but I imagine it could be applied to post anyone. Immigration lawyers are still developing ways to counteract it, as the judges seem very willing to pre-termit asylum and order the person deported to a third country. You can then appeal, but if the deportation order stands, I think it is very unlikely that the third countries will accept the person, as these agreements are very limited in terms of numbers, and the motions to pre-termit are disingenuous (I have heard of an example where the lawyer threatened a bar complaint against DHS counsel, and then DHS counsel withdrew the motion). This is still new and it is a moving target, so we will have to see how things develop. Take care, Jason
Hello Jason,
my wife entered US in 2014. she is from one of those 19 banned countries. she got her residency in 2023 through marriage to US citizen. nine moths ago, we filed 751 to remove condition. with this new change, does this negative factor applied to her since the jointly 751 filing is not discretionary factor? in addition, the memo stated that re-review does apply to people who entered after 2021, do you think they will re-review such a cases?
thanks
I have heard that all cases are on hold, but you may not notice as the I-751 process is very slow anyway. I do not know that the “significant negative factor” of country of origin will apply at this stage of the process. We will have to see how USCIS is processing cases like hers. If it does apply, she will need to gather evidence of her good moral character (proof she paid taxes, has a job, goes to school, volunteers with the community, letters from people who know her, etc.). There is no harm in gathering such evidence now, but we do not know yet whether it will actually be needed. In terms of re-reviewing cases, I do not think that applies to marriage cases, at least as far as I have heard. Take care, Jason
Hi Jason,
I asked my lawyer about this negative factor and he said it means the person applying for adjustment of status should not have any criminal record and they mostly focus on these issues, rather than support of any U.S. citizen on what they say or write about them. He said, they have the record of everyone and they check their past records and if they have any past legal issues it could cause problem for them in their adjustment of status. As we can see in many news reports, even with support of many community members, they’ve detained anyone who had any past legal or immigration issues. I believe negative factor means they focus more on past immigration issues or criminal history.
I agree, but they have added a new “significant negative factor,” which is related to a person’s country of origin. If they come from a banned country, that is not a negative factor when making a discretionary decision, just in the same way that a criminal conviction is a negative factor. We do not yet know how this will play out, but potentially, people from “banned” countries will need to get additional evidence of good moral character to offset the negative factor of their citizenship. Take care, Jason
HI Jason,
Quick question for someone who recently got ICE appointment letter who is here in US illegally via border of Mexico and have asylum pending. Can he postpone the appointment with ICE in 26 federal plaza and he belongs to banned countries list. If not what are the chances of him to go to appointment and get detain by ICE or released by ICE? What happens if he doesn’t not go to? What are your thoughts on this.
The letter was from ICE authorities and contained only one page. i heard a lot that who went to that appointment have been detained by ICE. And also can somebody bail on behalf the person? Thanks jason for your all help.
I highly doubt they will allow him to postpone, and I do expect there is a chance he will be detained. He may want to talk to a lawyer about his options – whether it is to prepare a habeas corpus petition if needed or something else. If he does not appear, ICE may come to try to find him. In terms of being released on bond, that is fight, especially for people who entered at the US-Mexico border and he may have to file a habeas petition as part of the fight. It would be worthwhile to talk to a lawyer about his situation. My firm has an office in Newark if he wants to talk to them. He can call for an appointment: 703-952-3275. Take care, Jason
As I understand, he told me that he has told his lawyer to postpose it until January 8, 2026. As afghan how you rate his chances of being detained or not detained at that appointment? He was told by his lawyer that it should be fine and its routine check in. Thanks jason.
I think there is a decent chance that he will be detained. Hopefully not, but he should prepare for that, just in case. Take care, Jason
Hi Jason,
I filed i-485 last month and received receipt of them as well. My biometrics were taken on 2024 and recently i received mail for biometric appointment for my GC application this month. Do you think this new rule of biometrics are applied to my case already? Since its not been three years and my biometrics have not expired yet and maybe it is about the photo i submitted they no longer accept physical photos. I belong to 19 countries banned and with refugee status. Do you think they still are processing behind and resume all paper works and only will not give GC? I mean until the resume they cant give GC but they will work on it behind the scenes?
my 2nd question is about below article by IRAP for afghans about recent policy changes affecting their cases. Could you plz read this article and let me know what you think about this effecting refugees because in certain areas it says “Refugee green card applications are not discretionary and should not be affected by this policy”. It says it only applies to Asylum, GC for asylees and humanitarian paroles?
https://support.iraplegalinfo.org/hc/en-us/articles/43977659159188-What-do-the-recent-U-S-immigration-changes-mean-for-Afghans
Normally, they re-use prior biometrics, but sometimes, they give appointments, and maybe this is a new policy. I have not heard about anyone being detained or having trouble at a biometric appointment and so I think that is not a worry. As I understand, they are still processing cases, but they cannot issue a final decision. I won’t be able to read this article now, sorry, but as far as I know, all Afghan cases are on hold and they may review some Afghan approvals, especially for cases approved during the Biden Administration. We do not know what this review will look like, and so we will have to see how they do it. Take care, Jason
My mother has already decided to withdraw her asylum application. I am still waiting for the decision on my own asylum case, and I hope to have the opportunity to bring my parents to the U.S. in the future. Therefore, I would like to ask how to properly write a withdrawal statement. I have heard that citing ‘having already left the U.S.’ as a reason may negatively affect future immigration visas. Could I use the following reason instead: due to my advanced age, I am unable to endure the stress of waiting and therefore voluntarily wish to withdraw my asylum application? My mom is66. Thank you.
I do not think it much matters what reason she uses to withdraw, but the reason you propose seems fine to me. The key is not to withdraw until she leaves the US. Otherwise, her case could be referred to Immigration Court, which could complicate things and potentially result in a removal order, which would make it much more difficult to return. I wrote more about withdrawing a case (including an example email to the Asylum Office) on December 7, 2022. Take care, Jason
Hi Jason,
I hope you’re well. I wanted to ask a clarifying question about how the recently expanded travel ban and related USCIS policies may affect my family.
We entered the United States in 2014. My father was the principal asylum applicant, and I am a derivative on his case. We were all granted asylum in 2024. We are Syrian nationals, and we filed our I-485 adjustment of status applications in early 2025. Those applications are currently pending.
My specific questions are:
1) Are previously granted asylum applications—particularly cases like ours, where we entered in 2014 and were granted asylum in 2024—being re-reviewed or reopened in any systematic way? I am confused on the wording of those policies.
2) Are pending I-485 applications for Syrian (and other expanded banned countries) asylees currently on hold/ pause? It seems the answer is yes but I am not sure I understand the wording
3) If our I-485 were to be denied under these discretionary or review policies, would we simply revert to our prior asylee status? It seems that our nationality is now considered a negative factor and our chances of being rejected is very high if I understand this correctly!
Thank you for all your help?
1 – That is not really clear to me either, as many of the announcements were made by Twitter and not very clear. Given that your case was approved during the Biden Administration, I suppose it is possible that they will review the case. Also, country conditions in Syria changed a lot, and so they could try to revisit your need for protection based on the fact that Asad is gone. I do not think there is much to do about that at the moment, but if the original case was based on fear of the Asad government, you might start thinking about other reasons why you fear return now that he is gone. 2 – Yes, my understanding is that all people from “banned” countries are on hold for GCs, and in fact, I recently heard that all GC applications from every country are on hold, but this was just from another attorney who heard it from a USCIS officer; I have not seen any announcement about it. 3 – If they denied the I-485, you would still have asylum. I think you will probably want to gather evidence of your good moral character (attending school, working, paying taxes, volunteer work, letters of good moral character from people who know you, etc.) in case you need that to counter the “significant negative factor” of your nationality (and it is a little unclear whether the “significant negative factor” applies to Syrians, as I think it was only for the original travel ban countries and I do not know that it was expanded when the travel ban was expanded – it probably was, but I have not heard anything official about that). Take care, Jason
Hi Jason, I completed my asylum interview in April of this year and I just received a notice for another interview coming up in January. I’m not too sure what to expect or if I should prepare any differently; I do believe the first interview went well and covered all the information comprehensively (took about 5hrs). I’m thinking best case it’s for administrative reasons (follow up questions, verification, etc.) but worst case for some sort of ICE detainment (no criminal record whatsoever though, so highly unlikely I hope…).
For context, I happen to be a national of one of the newly expanded travel ban countries but also not sure if that would impact my case, as I’ve been in the country for 11+ years and entered with a valid F1 visa and completed my studies accordingly. Welcoming your advice, thank you & happy holidays!
I have a case like that too, where the person was interviewed in March or April and has a second interview in January, though he is not from a travel ban country. There are many reasons for second interviews (and I wrote about this on June 22, 2022), and it could be related to your case or it could be that they just forgot to ask some questions. I would prepare for the interview as you prepared for the first interview. They currently cannot issue a decision for people from “banned” countries or for any other asylum seekers, and so while they are still doing interviews, decisions are on hold. In terms of ICE, I have not heard of any examples where a person who entered lawfully, filed for asylum, and has no criminal issues has been detained at the Asylum Office, and so I think the risk of that is low. Happy Holidays, Jason
Hi Jason, I finished my asylum interview recently and I was reviewing my documents and I did forget to add one of the self employee job that I did in the last five years!. I had a long list of employment history like about six jobs. But I did forget to add one of them!! Is that gonna cause an issue after my interview is already done or what should I do?
I doubt that will cause an issue, but you can email the asylum office and tell them about that job. Make sure to include a copy of your asylum interview notice and if you know it, the name or number of the officer interviewed you. That way, they can match the email with your case. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason, on my USCIS online case status it mentions my interview has been scheduled, but I have not received any notice. Is this something happening often for other pending asylum applicants? Thank you
I have heard about that for some people who filed their initial I-589 online. Try to check your Notices folder to see if there is anything there. If not, you can try emailing your asylum office directly to ask about this. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
Today the Trump administration just decided to stop the lottery visa program adjudication following a tragedy. I won’t get into the fact that collective punishment is stupid and just morally wrong. But I want to talk about the legality of it all. Does the law even mean anything in the US anymore if the president can just unilaterally reversed them and interpret them as he wishes. This is unprecedented and should give us all pause. What is the use of congress then? I know his actions have support be if he can remake the rules without the proper channel, and the Supreme Court and congress just stand there and watch, this might be the end of the experiment.
Anyway, just my thought.
Thanks,
It is a huge problem that will not only affect immigrants. In the case of the immigration law, however, there are a number of provisions that allow the President wide authority to block people. This power is not absolute, but the Administration has been using it aggressively and in many cases, the Supreme Court seems to be allowing it. There are also many ongoing legal fights over the Administration’s policies, and we will have to see how those play out. Hopefully, the courts will reign in some of the worst policies, but we shall see. Take care, Jason
I just came across an article today indicating that current administration is willing to denaturalize 200 citizens a month? Jason, have you heard anything about it?
https://www.nytimes.com/2025/12/17/us/politics/trump-immigration-citizenship-denaturalization.html
I only know what is in the media, but supposedly, USCIS is supposed to refer 100 to 200 cases per month to the Justice Department to start de-naturalizing certain people. Who they will target, we do not know, but the legal standard to de-naturalize a person is not easy. The problem is that when the government goes after the individual, it is not a fair fight, as the government has tremendous resources and individuals do not. This is partly designed to frighten people, and we will have to see how much effect it actually has once they get started. Take care, Jason
They certainly succeeded about frightening people. Thank you for your input, Jason
Thank you Jason for all you for us the Asylum community, I’m asking this question for a friend.
She came in the US legally in 2019 and file asylum claim which was later sent to court but never give her a date, so she always get work authorization and apply for another one whenever it’s about to expire, so this month her new application got denied based on Abandoning of her case in court, we checked it on EOiR and found out that the court was scheduled to be for August 26 2024 which she said she don’t receive any mail from USCiS. Please what can she do at this point cos she has been placed on REMOVAL .
She should talk to a lawyer as soon as possible and file a motion a reopen based on the fact that she did not receive a notice about the hearing. It may be difficult to show that she did not receive a notice, but she can write an affidavit and maybe there is other evidence she can gather. It is already pretty late, but she should try to do this as soon as she can. Take care, Jason
Hi Jason my asylum was granted in 2022, I’m still waiting for my greencard. Is it safe to travel domestically? I heard TSA is sharing data with ICE, just wanted to know is there anything I should do before my traveling inside the U.S or UI should not be worried.
Thank you.
If you have asylum status, you should be fine to travel domestically (unless maybe you have criminal issues). You can check the TSA website for the documents needed to travel domestically: http://www.tsa.gov/travel/security-screening/identification. Take care, Jason
It’s been my impression that asylum advocates don’t know what to do in response to the current administration…I somehow feel that they didn’t do their homework.
It’s always asylum advocates been playing catching up, shocked at what the administration did. When can asylum advocates leap forward, pre-emptively block or restrict this admin ? Biden issued a few preemptive pardons and they are effective in preventing damages.
Hi Jason,
I’ve been reading that DHS is now moving to pretermit asylum cases under Asylum Cooperative Agreements (ACAs), including transfers to countries like Uganda and Honduras, following the BIA’s October 31 decision.
Who does this actually apply to? In the decision, the BIA said the ACA framework took effect on November 19, 2019 and applies to future agreements- does that include people who arrived before 2019? How does this work for other countries? Does it apply to people who entered with a valid visa? And since the BIA held that general country conditions aren’t enough to block an ACA, what defenses remain when conditions in the third country are objectively dangerous?
It only applies to people who arrived after nov 19, 2019 ?
I’ve read https://cis.org/Arthur/BIA-Opinion-Sets-Stage-Removals-under-Honduras-Safe-Third-Country-Agreement – The Trump I-era rule makes clear that subsection (h) is to be applied prospectively, that is, only to aliens at ports of entry or who crossed between the ports on or after November 19, 2019, but I’m not sure how it’s currently applied.
As far as I know. DHS has not tried a motion to pretermit for a person who entered prior to November 19, 2019. Take care, Jason
I think that is correct. Take care, Jason
DHS is filing to pretermit many cases based on the ACAs. The judge pretermits, he will order the person deported to the ACA-designated country (and there are 5 or 10 countries with ACA agreements). It is very unclear how this will work, as it seems very unlikely that the ACA countries will actually take many people, and we don’t know what will happen once the ACA country refuses to take a person. Also, these decisions can be appealed, first to the BIA, which will likely rubber-stamp the decisions, and then to the federal courts of appeals. Of course, many applicants cannot afford to go through this whole process. In terms of defending against a motion to pretermit, it is very difficult, as the only defense is showing by a preponderance of the evidence that you will face persecution in the ACA-designated country. That may be possible in some cases (LGBT are persecuted in many countries for example), but will likely be impossible to demonstrate for most people. One legal defense is the question of whether the Withholding of Removal and Torture Convention claims should be pretermited, as those types of protection are not barred by the safe third country rules. Also, one lawyer reported success when he threatened a bar complaint against DHS for misrepresenting facts in the motion to pretermit (facts such as whether the ACA country has a functioning system to review an asylum claim, and that WOR and Torture Convention can be pretermited). DHS then withdrew the motion. This is an issue I have been thinking about also, as the bar associations are still independent and not controlled by the Administration, and offer a possible path to resist some of the attacks on due process. Take care, Jason
Is very troubling.
Because it appears there is almost no good defense.
In that’s that case, the asylum landscape will forever change…
Recently, in U.S. immigration courts, government prosecutors have begun proposing that asylum seekers with pending cases be transferred to so-called ‘third countries,’ such as Uganda. If an immigration judge accepts this proposal, the individual’s case is terminated without any hearing on the merits of their asylum claim, and the person is removed to a third country. This practice appears to bypass the fundamental right to seek asylum and to have one’s claim fairly heard. What is your opinion on this development, Mr. Jason?
This is very worrying. Please advise
This is relatively new. DHS is asking to dismiss based on Asylum Cooperation Agreements. The idea is that the person should be deported from the US to Uganda (or one of the other countries) and the person can seek asylum there. These agreements have many limitations and are also quite vague, and DHS is using them in very disingenuous ways to block people from asylum. Unfortunately, the judges are also going along with this and/or believe that they do not have the authority to stop it, and so it has become a big problem. We don’t yet know how it will ultimately play out, as the denied cases will be appealed, but it is clearly a sneaky – and to me immoral – way to block legitimate asylum seekers from obtaining protection (and the two cases where I have personally seen it employed are VERY legitimate). Take care, Jason
Mr. Jason, this will be my final comment.
I came to this country carrying hope, believing in fairness, protection, and the rule of law. That hope was already fragile, and under this administration it has been slowly eroded, day by day.
Being pushed toward removal to a country where I have never been and whose language I do not speak, without my asylum claim even being heard, is deeply discouraging and heartbreaking.
To watch even the last remaining sense of trust disappear is deeply painful. At this point, the only institution left in this country that I can still believe in is the federal courts.
I agree, and I have little faith in the Supreme Court, which is highly partisan. It is sad to watch so many institutions being assaulted and destroyed, and to watch hatred and bigotry thriving. Take care, Jason
You have done so many cases, if I want you to give me a ranking of different categories of asylum cases based on their success rate, are you able to give a general ranking ?
Categories include: Muslim, Christian, nationality, one child policy, political dissidents, falungong, lgbt, gang violence, FGM, domestic violence, etc
I know each case is different. But there should be a general trend
Thanm you for this jason
The mobile app that you mentioned on this article, can they help us to go to a different country from the country that we have the passport of for example if I want to go to my husband’s country and I don’t have a passport to go to that country will they at least help me to sit on the plane?
Unfortunately, I do not know about that, as I have not tried it, and I don’t know anyone who has tried it. Maybe it is not worth it to try, as DHS is not trustworthy and the benefits you supposedly gain (money, maybe a bit easier to return in the future, but this is questionable) may not be worth the risk. Take care, Jason
“Classic” asylum cases – cases that meet the legal requirements for asylum – tend to be the strongest. It also helps if the person speaks English and understands the asylum system. Take care, Jason
Hi Jason,
Now that Asylum decisions are on hold, do you think this hold applies to adjudication of I-730 with spouse present in the US?
For background, I had my asylum approved in October 2024 at Immigration Court. I am not from any of the banned/partially banned countries. Immediately after, filed I-730 in November. In early March this year, the status updated to case transferred to local office for interview and I haven’t seen any movement ever since.
Appreciate you for all you do.
I have not seen anything specifically discussing I-730 forms for people in the US, and so if your spouse is not from a banned country, then maybe the case can go forward. As everything is slow and getting slower, it is difficult to know. You can check processing times for the I-730 at http://www.uscis.gov and if the case is longer than the processing time, you can inquire with USCIS. I suspect that the case is still inside the “normal” processing time, though. Take care, Jason
Thank you for your insights, Jason. Not sure if you noticed but USCIS removed processing times for I-730 altogether from their site and just says all cases are being handled by a new office called Refuge, Asylum and International Operations with no details and just says check the case status and nothing else.
I forgot about that – Thank you. It is not a great sign, as my understanding from a friend who formerly worked there is that the Refugee, Asylum, and International Operations (RAIO) office has been gutted and is very understaffed at the moment. I am not sure that they actually process the I-730 petitions, though, and it is bad news that the processing time web page no longer has info about how long such cases take. Previously, a good guess was one to two years, but these days, I really do not know. Take care, Jason
Asylee,
It looks like we are all on the same boat. I applied for my kids early July 2024 and in March 2025, all their applications were transferred to the Refugee, Asylum, and International Operations (RAIO). This year in August, they sent me a RFE. Since then , I heard nothing from them. If I have good memory in 2023 when the Texas Service Center was still processing Form I-730, it only took them 3 months for my biological son to be approved and scheduled for interview. When I noticed that they removed the processing time, I knew that something was fishy…. I don’t even know what to say about all this mess anymore……….
There are different views within the legal community, but most people think that the travel ban does not apply to I-730 forms. Therefore, if the case remains delayed, you might want to talk to a lawyer about a mandamus lawsuit, in order to force the government to process the cases. Take care, Jason
Good day Jason, A friend of mine greencard holder obtained status through immigration court and needs to travel outside the United States for several months to receive medical treatment. He currently holds a US refugee travel document that will expire in about four months; however, the country he plans to visit requires a travel document with at least six months of remaining validity. As a result, he is considering applying for a passport from his country of origin. His asylum is political based … and he said he will use passport agency and not go to the actual embassy if his COP. Do you think this pose any issues, particularly regarding future eligibility for US citizenship? He does not intend to travel to his country of origin; the concern is that obtaining a new refugee travel document can take more than 20 months, and his current document remains valid at this time
It is possible that this could create issues. He may need to explain why he applied for a passport and why the government issued him a passport. I wrote more about this on May 25, 2022. I have not had a GC client have trouble using their passport, but things keep getting worse and it is difficult to know whether the government might try to use this against him. I think he will probably be ok, but at least he should be able to explain about using the passport. Take care, Jason
Hi Jason,
Question i do have green card application pending since July 2024 and i am from one of ban counties that processing is on hold, my case status shows finger print were taken, my last finger print was about 9 years ago what is your idea about this!? https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20251212-PhotographReuse.pdf
Thank you so much.
USCIS was re-using old fingerprints, since your fingerprints do not change. They would just re-run the security check. Maybe that process will change soon, but probably that is what the online message refers to. Take care, Jason
Although he is legally eligible for relief and he has compelling reasons to remain in the U.S., he does not have a strong case and the likelihood of success is low. Unfortunately, many families face this sam
Why is that ? I thought you said he faced real danger and his uncle was killed ?
The danger is from criminal gangs, and such cases were always difficult to fit within the legal framework of the asylum law. Also, country conditions in El Salvador have improved and the person failed to file within the one-year asylum filing deadline. He can try for asylum or other relief, it is just a tough case to do while detained. Take care, Jason
Hi Jason, my case is still pending with BIA since 2021 and I have not received any decision. Could you shed some light on what the future could be for cases which are stuck with BIA?
Do we still get a chance to go for an appeal at that Federal if the case gets denied at BIA?
Thank you for all your help to our asylum community.
After Trump came into office, about 1/2 of the BIA judges were fired, and so this may have slowed things down. I believe the judges are slowly being replaced (no doubt by people who are less qualified than the fired cohort) and so decisions may start coming more quickly. I do expect the Administration will make changes to cause the BIA to move more quickly, but so far, we have not seen that, and it is common to wait several years for a decision. Your case is a bit on the long side, and so maybe you will get a decision soon. If the decision is negative, the next step can be a petition for review with the US Court of Appeals that has jurisdiction over the location of the original Immigration Court case. There may also be other options, such as a motion to reconsider, but that depends on the case. Take care, Jason
Hi Jason i am an Asylee with GC. My son who is GC holder did marriage in 2023 in my home country and applied i130 for his spouse 28 months ago but still nothing here from USCIS and website showing no any new update. We approached our congress man and he contacted with USCIS and informed that delay is due to case.
So what should do? we are late.
The processing time for a GC person to file for a spouse may be long, especially since the beneficary is not eligible for the GC for almost two years after the priority date on the I-130 receipt (and about 3 years for Mexican nationals). You can Google “DOS visa bulletin” and look at the family-based category to see that. However, unless the spouse is from Mexico, it does seem a bit too long. It would be nice to have more info from USCIS to understand the reason for the delay. If the spouse is from a “banned” country that can cause delay, but that is a relatively new development and anyway, even if she is from a banned country, the I-130 can still be approved. You might check the processing time at http://www.uscis.gov and from that website, you can also submit an inquiry with USCIS. You might also talk to a lawyer about a mandamus lawsuit, but it may be a bit too soon for that. Take care, Jason
Hi Jason,
if an asylum-based PR applies for cash assistance and food stamps will that compromise their naturalization application (for public charge reasons)?
Thanks
It should have no effect – the public charge rule does not apply to asylees (or to LPRs for that matter). Take care, Jason
Hi Jason,
What about people from countrues with a partial ban/restrictions? Can they still be granted green cards if its akready being processed?
Thank you
For people covered by the original travel ban, I think USCIS is holding all their cases, whether they are a full or partial ban person. I have not seen an announcement yet from USCIS about how they will treat people covered by the new travel ban (that goes into effect on January 1), but presumably, they will be put on hold also. We do not know how long the hold will last, and hopefully, USCIS will make whatever changes they need to the vetting process and end the hold soon. Take care, Jason