Who am I to know The Secret to Happiness, you ask. Mankind has struggled with this question for eons, yet here I am, purporting to know The Answer. What kind of pretentious jerk would make such a claim, especially on New Year’s Day? These are fair points. In my defense, I am currently hung over. I am also not much in the mood to write about all the bad news that’s fit to print–and there is a never-ending supply of that, which I presume we’ll get to soon enough. No, today is a holiday, the beginning of a new year, a time for optimism even–especially–when realism calls for pessimism. And the fact is, in my years of observing asylum seekers, people who have suffered much and are under continuous stress, I have learned The Secret to Happiness, which I will reveal to you forthwith.
First, and it’s fair to ask, How did I learn The Secret to Happiness from asylum seekers? What can be gleaned about happiness from people who are in continuous and long-term difficulty?
Part of what I’ve learned is resilience. When the going gets tough, the tough get going, and all that. What I’ve seen is that almost all of us are tough. I’ve seen my clients maintain their dignity in a system that tries to humiliate them. I’ve seen them remain respectful towards a system that in no way deserves their respect. I’ve seen them stay calm, even though they are under constant attack. While resilience is related to happiness, it is not The Secret to Happiness.
Another thing I’ve learned from my clients is courage. There’s the obvious courage, as many of my asylum-seeker clients stood up for democracy and human rights against terrorists and murderous regimes. That’s why they had to flee their homes in the first place. Then there’s the less obvious courage of moving to a new place, where they have little support, and starting over. Some of my clients were quite prominent in their home countries, and so coming to the U.S. and starting again from zero is frightening. There is also the courage of facing the unknown in terms of the ever-shifting asylum system. The courage to confront challenges is also related to happiness, but it is not The Secret to Happiness either.
A third trait that I admire in my clients is their optimism. The fact that they are able to remain optimistic in the face of constant lies about them and attacks against them is extraordinary. It takes courage and resilience to remain optimistic under such difficult circumstances. How my clients maintain their optimism, I do not know. Perhaps it is a survival mechanism. Life is difficult enough, especially for asylum seekers, and maybe they are forced to keep hope alive in order to survive. While the ability to remain optimistic is also important to happiness, it is not The Secret to Happiness.
No, The Secret to Happiness is compartmentalization. You read that right, my friend: compartmentalization. The ability to focus on one issue now and then completely forget about it later.
An example might help clarify what I mean. Let’s say you have an asylum case. This takes a lot of mental energy: preparing the case (which often requires remembering traumatic events), managing the ever-present threats from ICE, maintaining your work permit and driver’s license, dealing with separation from family members, adjusting to an unfamiliar environment and culture, etc., etc. These are not nice things, and they do not make us feel happy. Nevertheless, they are necessary and we have to get them done. But when we are not doing those undesirable activities, we need to put them out of our mind and focus on other, more positive activities.
In other words, work on your asylum case (and any other difficulties in your life) when you are working on it, but when you are not working on your case, don’t think about it. Ignore it completely. Do not let thoughts of your case invade other areas of your life. If you can focus on the positive and not allow the negative to overwhelm your happy moments, you will hopefully achieve happiness in those moments. You will also have more energy when the time comes to return focus to your case.
So that’s it. The Secret to Happiness. Voila!
What’s that? You’re not impressed? Yes, I understand. Knowing The Secret to Happiness is the easy part. Implementing The Secret is the hard part. How to push the negative thoughts away so you can enjoy the good times? There’s the rub. To that question, sadly, I do not have an answer, and I have not been very successful at implementing The Secret in my own life. However, I do recognize that I need to focus on what I need to do, and then focus on what I want to do. That I need to set aside the negative and avail myself of the positive. I am convinced that this skill is not a luxury; it is a necessity. We need the good times to get us through the bad times.
It’s a new year, and my wish for you–and for myself–is that we can focus on the positive, minimize our time with the negative, and enjoy the moments of happiness that are available to us.
Happy 2026!
Nicely written! Thanks for taking time to write this inspiring piece.
Thank you, Jason
As an asylee, I plan to get a JD from an ABA-accredited, highly ranked Law School in the States. What are some Law Schools that has a strong emphasis on Immigration Law in general and Asylum Law in particular? I did some research and found that AUW Law (with Dree K. Collopy) and Cardoza Law (with Michael Wildes) and GW Law (with many faculty experts on immigration law and asylum law). Of note GW Law, through a variance obtained from ABA, can waive the standardized test requirements (LSAT, GRE, and JD-Next) from certain unconventional applicants.
1. What are a number of Law Schools that have strong emphasis on Immigration Law?
2. What are other Law Schools that obtained a variance from ABA to waive the standardized testing requirements (LSAT, GRE, and JD-Next) for some applicants, such as GW Law and Texas A&M Law?
1 – The schools you mention are all great and Dree is a rock star. My law school (Georgetown) also has an excellent (and venerable) legal clinic for immigration. My undergraduate school – Temple University in Philadelphia – also has a great clinical program for immigration. 2 – I don’t know about this, sorry. I did a post about starting a career in immigration law on April 23, 2012, and maybe that would be of interest. Take care, Jason
Hi Jason,
I entered the U.S. on a student visa and applied for asylum in 2015. My asylum application was denied in 2022 and the case was referred to immigration court. The immigration judge ordered removal in November 2024.
I timely filed an appeal to the BIA within 30 days, and the appeal has been pending for over a year now. According to EOIR, the BIA appeal is still pending and no briefing schedule has been issued yet.
Given the pending BIA appeal (automatic stay of removal), is it generally considered safe to travel domestically by plane, or is there still a real risk of ICE action at airports?
I am so sorry to hear that Karla, I hope your appeal is successful.
I have some questions for you.
1) Have you gone thru with your study ? Or you just abandoned the F-1 visa after asylum application ?
2) which protected ground you use for asylum ?
I have not heard of anyone in this situation having trouble, and so if you have the documents needed to travel, you should be ok. I would also carry proof of the pending appeal (maybe a copy of the BIA receipt on your phone), just in case you are asked (though I think it is very unlikely you would be asked). Take care, Jason
is it ok to submit additional documents and information for adjustment of status if USCIS diid not request them? Jason do you think that can raise concerns?
It is fine – you could submit them through the USCIS portal or by mail (to the last address that sent you mail). Make sure to include a copy of your receipt so the new evidence can be matched to your case, and bring a copy of the evidence to your interview, in case USCIS failed to match them to your case. Take care, Jason
Hi, a person with approved asylum and waiting for green card from Venezuela, has to worry if the status of the country change? 1 year waiting since applied for GC and asylum approved on 2024 after waiting for 9 years.
If the country becomes safe for the person, they could lose their asylum status if they do not yet have a GC, but in the case of Venezuela, I think it will be very difficult to show that the country has changed much for asylees (at least so far). Also, if they tried to take away asylum, there is a process for that and you can defend yourself, and even if that fails, there may be other paths to gain status in the US, depending on your circumstances. I think if they start trying to take away asylum, you would want to talk to a lawyer to prepare, but for now, I think there is not much to do (except maybe get a copy of your file), and given the obstacles to taking away asylum, you should be ok. Take care, Jason
Hi Jason,
I’m due for my naturalization next year and started to look into Form N400 and found a declaration about claims of US Citizenship “EVER”. I’m doomed as I messed it up because I had applied for a credit card and stupidly selected as a US citizen. Now I feel I’m over. Can’t sleep due to the anxiety as LPR on the basis of Asylum. What can I do? Please help.
I would talk to a lawyer about specifics, but this seems like an error and not something you did intentionally. If so, I think it does not count as a claim to citizenship (since there was no intent to claim citizenship). I think this will be ok, but talk to a lawyer about the specifics to be sure. Take care, Jason
D. Waivers
There is no waiver of the false claim ground of inadmissibility under INA 212. However, Congress authorized waivers of inadmissibility for this ground for aliens seeking adjustment of status for the following immigrant categories:
Refugees;[8]
Asylees;[9]
Victims of trafficking;[10] and
Legalization.[11]
For naturalization purposes:
You would want to wait for 5 years after your last false claim of us citizenship because false claim of us citizenship is deemed as lacking good moral character. Though it’s a conditional bar meaning it will block you for 5 years
3. Examples of Unlawful Acts
There is no comprehensive list of unlawful acts in the INA or regulations. Examples of unlawful acts recognized by case law as barring GMC include, but are not limited to the following:
Bail jumping;[88]
Bank fraud;[89]
Conspiracy to distribute a controlled substance;[90]
Failure to file or pay taxes (discussed below);
Falsification of records;[91]
False claim to U.S. citizenship;[92]
Intent is not required to have a determination of false claim. See Matter of Zhang, 27 I&N Dec. 569 (BIA 2019). In Matter of Zhang, the BIA held that under the plain language of INA 237(a)(3)(D)(i), which is virtually identical to INA 212(a)(6)(C)(ii), the alien does not need “an intent to falsely represent citizenship status.” See Matter of Zhang, 27 I&N Dec. 569, 571 (BIA 2019). The BIA reasoned that the absence of a knowing or willful requirement for false claims to citizenship in INA 212(a)(6)(C)(ii)(I) and INA 237(a)(3)(D)(i) indicates that there was no congressional intent to include one. See Matter of Zhang, 27 I&N Dec. 569, 571 n.3 (BIA 2019).
So you will very likely be determined to have falsely claimed, but you are in an envious position because of your asylee status before becoming LPR…
I think the INA really is lenient towards asylum seekers in a lot of hidden ways, and that’s a good thing.
As far as I know, these waivers do not apply to a false claim of citizenship, but a lawyer can research this to check. Take care, Jason
I mean, I can think of a scenario where
An asylum seeker, in order to escape danger, falsely claim to be us citizen to entry and there is a BIA case that says such behavior is forgiven…
But maybe, when they already become asylee or asylee based green card, they will not be forgiven.
But in researching this, I am curious,
Why the INA is particularly harsh in false claim of us citizenship ? It’s in a lot of ways seem to be more serious than a lot of non-violent misdemeanors….any idea why that is ? I never see anybody criminally prosecuted for false claim of us citizenship, so that is not even a crime… right ? How could it even have no waiver when some non-violent misdemeanors like disorderly conduct, petty theft can even be forgiven…
It’s a good question, but I have not researched that law and do not know. Take care, Jason
Hi Jason, do you know how to request codes to upload additional documents to the USCIS portal? The case is added to the portal but they dont give any access to upload documents, maybe because the account number was not on the adjustment form. Please advice how to request this option through the portal or how to submit additional documents if portal doesn’t work. Thank you.
I am not so good with the online stuff, but if you are referring to an asylum case that was filed by paper, you cannot upload documents. You would need to mail documents to the asylum office prior to your interview (some office, including Arlington, have a drop box where you can bring evidence and drop it off). You can find the mailing address if you follow the link under Resources called Asylum Office Locator. It is not a bad idea to bring another hard copy with you to the interview, as the asylum offices sometimes lose documents that are submitted to them. Take care, Jason
No. Talking about adjustment of status green card. If I mail it, where do I mail the documents? The first address where I submitted the form, right? or Do I submit it to the address on the receipts form?
You might try again to access your USCIS account, but if you cannot, you can mail documents to the last address that sent you mail. Make sure to include a copy of the receipt so they can match your new documents to your case, and also bring a copy of everything to your interview, just in case the new evidence does not make it to your file. Take care, Jason
Happy 2026, Jason and everyone!
This blog is so helpful—compartmentalization really is the key.
Jason, your writing is beautiful and never boring, and the funny pictures you add make the blog even more expressive.
Please keep writing!
Thanks so much!
I appreciate the kind words, though that photo was meant to be very serious! Happy New Year! Jason
Hi Jason! Happy new year!
I have 2 questions:
How long is the normal time to receive decision after asylum interview at USCIS before filing lawsuit for the hold?
If referred to court, how long that process takes usually to get a hearing?
Thank you! ????????
1 – There is no “normal” these days (if there ever was) and all asylum decisions seem to be currently on hold. This is relatively new, and I think it makes sense to wait a few months to see how things develop. If we start seeing people filing mandamus lawsuits and getting decisions, that may make sense. If you want to move more quickly, talk to a lawyer who does mandamus cases to see if they know how such cases are being treated at your asylum office, and if a lawsuit makes sense at this time. 2 – There are two hearings in court. The first hearing is usually pretty quick – a month or two, and the second hearing is probably within a year for most people. However, this varies a lot depending on the court and the judge, and some people’s cases go faster, while others wait for years. Take care, Jason
So, I have been thinking about my case.
I don’t have any evidence other than my testimony/affidavit and publicly available knowledge like country condition…
Can I still win ? I also have a hard time imagining how I can retain evidence of persecution. Because in real persecution’s, how could it be possible that people hold up a camera and record the process of persecution to be used in a future asylum hearing ? … and typically when people produce medical report, I always feel that those wounds are self-inflicted…they hurt themselves intentionally to try to fake evidence of harm…
So I only have testimony and publicly available knowledge evidence … is my asylum chance weak ?
This is true for many cases. You need to gather the evidence you can, present your testimony in a credible way, and if you have a fear of return, you should have a chance for success. Take care, Jason
Dear Jason,
We can’t find words to express our deepest gratitude for all the support you do for us.
We are on Asylum pending case since 1/2/2018 and we are still waiting for the initial interview. Before Asylum, we were on H-1b visa for 6 years ended on 1/18/2018 . In 2026 that’s After 8 years of pending asylum can my employer “a public school county” apply for another H1-b visa, without having to leave the USA because of our current asylum situation?
We would really appreciate your response sir.
Best regards
As far as I know, that would not work and you would have to leave the US to get the H1b overseas. That may be possible, but you would want to discuss with a lawyer before you get started to map out a plan. Part of the plan would be to have Advance Parole as a back-up in case something goes wrong with the consular processing (I wrote about AP on September 11, 2017). There is a rule called INA 245(k) that may allow a person in your situation (filed asylum while still in status) to obtain a green card based on employment. I wrote about that on August 28, 2018 and September 6, 2018. I do not think that rule could be used to get an H1b, but I do not do much employment immigration and it would be worthwhile to talk to a lawyer who does. Aside from IN A 245(k), the lawyer may have other ideas for you as well. If so, have the lawyer explain step-by-step how you will get from where you are now to having an H1b visa, whether you need to leave the US, and what are the risks. There is no sense in starting (and paying for) this process unless you can complete it. Take care, Jason
Jason if someone has asylum case pending and exiting the country. we will withdraw the case once we leave the country. is it peaceful to exit the airport?
Is it possible to get just clear the TSA in each of the airports and not have too many questions?
Please let me know
Thank you
If you do not have any criminal issues or prior deport orders, and if you entered the US with a visa, it is most likely ok. I have heard some rumors about people being stopped upon exiting, but I do not have details of the cases, and I suspect that they may have originally entered the US without visas. Once you leave, you can withdraw the asylum case, which will avoid getting a deportation order when you fail to appear for the case – I wrote more about withdrawing on December 7, 2022. Take care, Jason
HI Jason thank you for your response. We do not have any criminal history, no deport orders. Nothing that is wrong. We came here on a visa.
If they do stop are they making us go into a room for enquiry?
Are they going to make it difficult.
Please elaborate a little.
Thank you Jason
The case I heard about was in Texas, and I believe the people were leaving, but they were stopped and detained, and placed into removal proceedings. Presumably, this was done so that they would have a deportation order, making it more difficult to return. I do not have details about the case, and I have not heard that this is a common occurrence. I suspect that with a clean record, you would simply be allowed to leave and later, you could ask to withdraw the case. Take care, Jason
Hi Jason, I have my asylum approved last in 2023 and also have applied for GC and travel doc. I have my travel doc and was waiting for my GC when the Trump admin decided to review all the asylees from Afghanistan and particularly after DC incident now it is completely on hold.
What would happen now to my GC? I have my asylum case and travel doc approved but dint get GC yet. What do you think will be the steps ahead? Thanks.
Unless something else changes, you should be ok to travel with the travel document, as long as it is valid. As to the GC, we do not know how long the hold will last or what USCIS means when it says it will re-evaluate approved asylum claims from certain countries. I suspect it will be difficult to take asylum away from most Afghans, as the country conditions are dire and the asylum cases from there tend to be very strong and well-supported with evidence. I do think it is a good idea to get a copy of your file if you do not have that (I wrote about this on December 3, 2025), but otherwise, I think we just need to wait to see how things develop. Take care, Jason
I want to ask if there is a criminal defense to sex work.
I think you said that if I am convicted of a crime, then it will affect eligibility.
I agree with that, but a lot of times, for survival purposes, many people don’t have any other means to earn enough money to survive.
If they have to choose between sex work or starvation/homelessness, could it be a necessary defense to the criminal charge of sex work ? I think if people have to do sex work to survive, then they should not be convicted. What do you think ?
Please stop wasting people’s valuable time by posting irrelevant questions on this forum. This blog exists for individuals seeking professional immigration guidance, and the person providing help is doing so voluntarily and free of charge. What you choose to do with your body is your own business, and no one here is judging you. However, it appears that you are intentionally asking questions that have nothing to do with the purpose of this blog.
The goal here is to help people navigate the immigration process, not to advise on personal choices or to convince anyone otherwise. I understand your position, but instead of trying to create workarounds, you are causing unnecessary confusion. Please refrain from posting unrelated or nonsensical questions here.
Being an asylum seeker is complex and the immigration proceeding is only one of many aspects of asylum seeker’s life. Asylum seekers need and deserve support of all kinds. Some subgroups of asylum seekers are particularly vulnerable to homelessness, poverty and some may find it potentially necessary to do sex work. If I have a way to make money to survive, I will not consider sex work. But I don’t have a way, so that’s why I am asking. Being an asylum seeker is a significant reason of my unemployment and poverty…so, I find it relevant…I will get some advice and weigh the risks and decide what I should do.
So I understand that sex work may land me criminal prosecutions. But if it’s done out of survival purpose, can it be a credible legal defense to assert necessity ?
I have seen the lagality of working as sex work in another post. This is the second time I have seen this question. Well sex work is clearly illegal but there are gray area in this industry. For example you can be escort, it’s legal in most states. You are offering companionship and paid from your time. You can be sugar baby, look at dating site like seeking. You can work in strip clubs as adult entertainer. This is not legal advice, good luck
That is very wonderful, I will look into that
This is not something I know about. You would need to talk to a criminal attorney. Take care, Jason
Hi, Jason.
Thank you for all the information you providing us.
Planning to send N400 ( based on asylum) application soon and planning to do it online myself ( from one of the banned countries).
The question have you ever arrested anywhere ( unlawful arrest due to political opinion ) which was the reason for the asylum,
1. Where and how should it be mentioned?
The table asking about that is not clear in the form ( asking documents of evidence) which is impossible to get.
2. Should I mention that in the table provided?
Thank you so much for your response.
1 – You should answer the yes/no questions as you think best and then on the Supplement at the end (or as an attachment), you should list the question number and explain what happened (maybe that it was an illegal arrest and you explained that in your asylum case, for example). An explanation should be enough, as there is usually not any documentation in a case like that. 2 – If you are referring to a table of criminal arrests, I think it depends on how you want to characterize the arrest. As long as USCIS does not think you are trying to hide the arrest and as long as you provide an explanation, you should be fine. Take care, Jason
Hi Jason,
I can’t thank you enough for your continued support.
I have one question: my family and I are planning to file our asylum-based N-400 applications in the next few weeks. Do you recommend that we retain an immigration attorney for this, or is it reasonable for us to complete and file the forms ourselves?
For context, we completed our I-485 applications on our own.
Thank you again for your guidance.
If there are no criminal or immigration problems, you should be able to file on your own. Make sure that the N-400 application is consistent with your I-589 and your I-485. I wrote more about naturalizing for asylees on December 2, 2020 if you are interested. Take care, Jason
Hello Jason,
I submitted the N400s for me and my wife in Nov 2025, and Im from one of the banned countries, with that being said, Im not expecting any progress in our N400s in the near future, however, Im seriously considering a writ of Mandamus lawsuit as we both have very clean records( I never had any speeding ticket, my wife had only one which was closed and paid in one of the local courts ), Im considering the lawsuit as Im really not able to concentrate in my life and professional work anymore and that have impacted me realy badly in the past two months.
I know that its very soon to file a lawsuit since my case is still during the normal processing time, my questions for you :
1- do you recommend filing a lawsuit considering the current administration intention to delay and deny immigration benefits ?
2- If yes, when do you think I can file this lawsuit ?
Regards,
I’m not Jason, but I’m familiar with Writ of Mandamus cases. Since your case is just two months old, the lawsuit isn’t going anywhere. Most WOM cases are filed when the case is way beyond processing time and you have tried all recourses (inquiry, ombudsman, congressional inquiry). In my humble opinion, if you file now, you will just be wasting your money. Also, if the guidance is to hold the cases for banned countries, it won’t go anywhere. However, if you have your interview and then they don’t give you a decision for 120 days, you can legally file for review under 8 USC 1447b. I suspect that they will not interview people from banned countries if they really want to prevent them from gaining naturalized citizenship.
1 – It is too soon to file the mandamus, as you can only do that if the case is beyond the normal processing time. Also, different jurisdictions have different practices about when is a good time to file. I think before you file, you would want to talk to a lawyer who does such cases to see how USCIS is responding. It may be that the pause will be lifted while you are still within the normal processing time, but if not, it would be good to know how mandamus cases from “banned” countries are being treated. In some cases, if USCIS cannot approve a case, and it is forced to make a decision due to a mandamus lawsuit, they could deny the case. I do not expect that would be the issue here, but at this point, we do not know, and so maybe by the time you are ready for a mandamus lawsuit, we will have more info. 2 – I do not know, and I think you need to check the processing time at http://www.uscis.gov to see what the “normal” processing time is, and also talk with a lawyer who does mandamus cases in your area, so you know how the local federal courts are handling such cases. Take care, Jason
Hi Jason,
Happy New Year! I hope you’re doing well.
Our asylum was approved in March 2025, and at that time we were advised that, due to the long adjustment of status processing times, we might be able to apply for our green cards before reaching the one-year mark. I wanted to check whether that is still the case, or if you would recommend waiting until March since it’s only about three months away.
Thank you in advance for your guidance.
Best,
Reema
I think it is safe to apply now. I explained the reasoning in a post dated February 8, 2023, but basically, as long as USCIS does not issue a decision in the case before you have one full year in the US after asylum was approved, you should be fine (assuming of course that you meet all other requirements for the green card). Take care, Jason
Happy New year Jason. I will be sending my N400 application soon and I will do it online. Other than the form itself, payment and copy of both sides of the green card (which was based on an approved asylum), what else should I send? I have never had any traffic ticket, have no criminal record, was never married and have no kids. I have filed my taxes every year and was not in the age to register in the Selective service when had my asylum approved (I am male). Thanks.
You would need to check the instructions for that to be sure, but the birth certificate should be included. Make sure that the application is consistent with your I-589 and your I-485. I also wrote more about naturalizing for asylees on December 2, 2020. Take care, Jason
Happy new year dear Jason,
For asylees who got their case approved by the Immigration court, do they receive a I-797 approval notice from the USCIS?
Thank you
They should receive that automatically within 45 days. However, that often does not happen, and so they may only receive an I-94, or they may receive nothing. If that occurs, they can Google the “post order instructions in immigration court,” and follow those (basically, calling USCIS at 800-375-5283 and asking to get the needed documents). Again, this should happen automatically, but that is not always the case. Take care, Jason
I quote from USCIS website: “After reviewing country conditions and consulting with the appropriate U.S. government agencies, Secretary of Homeland Security Kristi Noem determined that South Sudan no longer meets the conditions for its designation for Temporary Protected Status (TPS). South Sudan’s TPS designation and related benefits were slated to terminate on Jan. 6, 2026. However, on Dec. 30, 2025, a single judge in the District of Massachusetts issued an order staying the South Sudan TPS termination. The judge did so even though the Department of Homeland Security recently prevailed twice in the U.S. Supreme Court in a similar case. The Department of Homeland Security vehemently disagrees with this order and is working with Department of Justice to determine next steps.”
The alert says that “the Department of Homeland Security recently prevailed twice in the U.S. Supreme Court in a similar case” and my question is what are the two cases in which they prevailed? Of the 12 countries who has been designated of TPS, I am not aware of TPS’s termination being disputed in the court and being lost. And the last sentence says that DHS “vehemently disagrees with this order and is working with Department of Justice to determine next steps” and my question is what does the “vehemently disagrees” mean legally?
I do not know what cases they are referring to, sorry. They vehemently disagree because they do not wish to abide by the law (or consider the actual situation in South Sudan), and since the district judge apparently found that they were violating the law by cancelling TPS, they did not like that. Take care, Jason
Hello Jason,
USCIS released a new memorandum today, January 1, stating that the December 2 hold on benefit applications for citizens of banned countries does include Form I-765 for C8 category work permits (for pending asylum applicants). However, they are excepting initial work permit applications from this hold ( asylum applicants who are applying for their first EAD).
Do you have any idea of the rationale behind this? I mean what could be the difference between someone from a banned country who is applying for their first EAD and someone applying for a renewal, if the concern is security? Thank you.
There is no logic to their limitations on EADs, at least as far as I can tell. “Security” seems to me just an excuse to harm asylum seekers and try to deter them from exercising their right to seek protection in our country. Unfortunately, rather than implement the asylum law in a fair way, the government is only seeking to make life difficult for asylum seekers so that they leave. I don’t think there is any more logic to their policies than that. Take care, Jason
Happy New Year, Mr. Dzubow.
I am in TPS which is ending in two months. Along with the ending of TPS, my driver license and work authorization will end too. A single judged blocked the ending of the TPS and the case is pending in court. While we are in this “administrative stay,” in this “liminal period,” how do I go about extending my driver license? Am I considered legal in the States while the case is adjudicated in court? Can I continue to work legally in the meanwhile? In the meantime, I submitted an asylum case, although USCIS won’t review it until the 90 days of their policy memo, issued on December 4, 2025, is over in March 4, 2026? Can I use the sheer fact that I applied for asylum to remain legal, to work, and to extend my driver license.
Thanks for your service. Hopefully 2026 will be a better year in every conceivable way, for all parties involved.
I do not know about DLs, sorry. I think you would have to see if there is an announcement on the USCIS web page for TPS, and if so, bring a copy of that to the DMV as part of the renewal process. It will also likely require you to talk to a supervisor there, if possible. If the end of TPS is stayed by a federal court, you would still be considered in TPS status. Normally, the USCIS web page will indicate that, but you could also get a copy of the judge’s order showing that TPS is still continuing. If TPS continues, you should still be eligible to work legally. As for an asylum application, that does not give you the ability to work (and I think most DMVs will not issue a license based solely on a filed asylum case). You have to wait 150 days and then you can apply for a work permit based on the pending asylum case. Take care, Jason
Thanks for the useful answer, Jason.
About the 150 days and then applying for work permit based on pending asylum case, can you elaborate further on that? Why 150 days (4 months), in particular?
And once one submit an asylum application right now, does that in and of itself makes the asylee legal in the States? Does the submission of an affirmative asylum application protects one from deportation?
Filing an asylum application allows you to remain in the US until the case is resolved. In terms of the work permit, once you file, you have to wait 150 days and then you are allowed to file for a work permit (under category c-8, asylum pending). If you cause a delay (for example, by missing or rescheduling an appointment with USCIS), that will delay the time when you can apply for the work permit, so it is important to attend all appointments. Take care, Jason
Hi Jason,
Happy New Year! Congratulations—you look very happy in your picture. Thank you for your continued support of the asylum community.
I have a quick question regarding asylum-based green cards.
Question 1 – If someone receives an asylum-based green card that is not backdated by one year, what would be the best course of action? I understand that Form I-90 should be filed, along with a fee waiver (Due to USCIS error). However, are there any specific considerations or supporting documents that should be included? Additionally, what are the possible reasons USCIS might not backdate an asylum-based green card?
Question 2 – Have you ever encountered this type of situation, and what was the outcome?
Question 3 – Form I-90 requires submitting the application along with the original green card. Given the current circumstances, this is a concern for us. Is it possible to file Form I-90 without submitting the original card and wait for a Request for Evidence instead?
Question 4 – What does it mean when someone files Form I-90? Does filing the form in any way call their permanent resident status into question, or is it simply a request to correct an error on the green card? Is I-90 considered immigration petition?
Question 5 – Additionally, while waiting for a replacement green card, how can someone prove their permanent resident status to an employer or other authorities? Can the existing (old) green card (10 years until expiration date) still be used for this purpose?
Thank you!
Thank you. Happy New Year! I would not read too much into that photo, as I am still a curmudgeon. As to the questions: 1 – I am really not sure. One idea is to try this website (assuming the date is a typographical error): egov.uscis.gov/e-request/typo. You could also try the I-90 and a fee is not required since it is a USCIS error. You can include evidence that you had asylum, the receipt for the I-485 and the approval notice for the I-485, and then explain that they failed to back-date the card. My concern is that sending the I-90 requires you to return the GC, and who knows when they will send you a new version? It may be better to just live with the mistake and delay your citizenship, though that depends on how important it is to get your citizenship sooner. 2 – I have seen it a few times and my clients did not want to bother correcting it, so we never tried. 3 – You could try, but I expect USCIS will want it, and send out a request for it (or maybe just reject the I-90 if the original GC is not included. I suppose an alternative is to try to apply for citizenship as if the card were back-dated one year, and provide evidence about that. The risk is that USCIS will deny the application and you will lose the filing fee. 4 – The card itself is just evidence of your permanent residence, and so sending the card to USCIS has no effect on your status. 5 – You would show a copy of your GC, your asylum approval document, and your Real ID document. I am not sure whether an old GC would work, or why you would have an old GC if you recently received asylum (maybe I am not understanding that part of the question). Take care, Jason
Thank you, Jason, for your quick response. It is very difficult for me to accept USCIS’s mistake after years of waiting for an asylum interview, which occurred only because I took action, and then taking further action to obtain my green card. My point is that USCIS has never scheduled my asylum interview or issued my green card on its own or according to the established timeline. I feel that this was not simply an error; I cannot rule out the possibility that it was a deliberate action by USCIS. I am concerned there may be underlying issues related to this mistake that could require additional clarification during naturalization. For these reasons, I strongly believe it is necessary to pursue correcting this issue and resolve it before applying for naturalization.
I also conducted some research, and it appears that a pending Form I-90 application may allow an ADIT stamp to be requested as proof of residency. An ADIT stamp (Alien Documentation, Identification and Telecommunication), also known as an I-551 stamp, is temporary proof of Lawful Permanent Resident (LPR) status, used when a green card is lost, expired, or pending renewal (like Form I-90, I-751, or N-400).
What will this receipt look like?
On the “delivery” Form I-94 with ADIT stamp, the LPR’s printed photo is located at the top right portion of the Form I-94. Alternately, the photo on a “in person” Form I-94 ADIT stamp is affixed to the top left portion of the Form I-94. Both documents are acceptable for Form I-9, Employment Eligibility Verification, purposes. The Form I-94 will continue to have the DHS seal over the ADIT stamp and the photo.
https://www.uscis.gov/i-9-central/form-i-9-related-news/temporary-status-documentation-for-lawful-permanent-residents-lpr
Thank you!
I think you are entitled to have the GC back-dated. Each person needs to make their own decision about that. Some think it is not worth the trouble, but others have a need to naturalize more quickly, and so filing the I-90 is understandable. I doubt the failure to back-date is related to you, as USCIS seems to screw this up pretty regularly. In terms of the ADIT stamp, the way I know to get that is to make an Info Pass appointment by calling USCIS at 800-375-5283, and asking them to stamp your passport. You should also have your approval letter for the I-485 and you should keep a copy of the actual GC, front and back. None of this is as good as having the original GC, but your legal status (as a lawful permanent resident) is exactly the same, whether you have the green card itself or not. Take care, Jason
Hey,
I was issued a GC that was not backdated. I was advised to get it cleared before naturalization, and I’m glad I did. I filed an I-90 form with no fee for USCIS error and got the green card corrected. It took almost 15 months, but that was like more than 10 years ago. Not having the green card might sound a bit awkward, but your permanent residence is always valid regardless of the physical green card. However, the travel gets a bit tricky. I used a Re-entry permit but was sent to secondary for verification. Thankfully, it hardly took five minutes, and they didn’t ask me any questions. I strongly suggest you get this corrected.
Hi Yasin,
Thank you for sharing these details and for your support. I also strongly believe that this error needs to be corrected before naturalization.
Do you recall which documents you submitted with your Form I-90? I am also wondering whether I can file Form I-90 online for a USCIS error.
Also, at what point did you return your green card—when you submitted the Form I-90 application or after you received a Request for Evidence?
Thank you!
When filing the I-90 to correct a USCIS error, you have to send the original green card (per the I-90 instructions). For that reason, I think you have to file this by mail and not online (though I have never tried to filed online and then send the original GC later – maybe that is possible, but I have not done it and it seems to violate the form’s instructions). Take care, Jason
Happy New Year, Jason,
Thank you for the encouragement and your insightful blog!
Qq: I was granted green card through asylum and I’m from Zambia (listed on the 19 countries- partial ban). I’m supposed to apply for naturalization on Jan 6th. Should I proceed submitting my N400? Have been going through some sources say USCIS will not review /have paused applications feom the 19 countries. Thanks for your guidance.
Thank you – Happy New Year to you also! There are credible rumors that USCIS has paused decisions in all cases from all banned countries, but there is no official announcement, so we do not know how long the pause will last (or even if it is really in effect). I think it is probably ok to apply for citizenship if you are eligible. Such cases take a year or more these days, and so hopefully, the pause will be over by then. But it is really up to you; you could also wait to see if we get more definitive information. I just think there are so many changes and they occur so frequently, that people might as well apply and hope that by the time the case is processed, any pauses will be over. Take care, Jason
December 31, 2025
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