A recent Board of Immigration Appeals case highlights the Trump Administration’s latest tactic for blocking asylum seekers from protection in the United States. In Matter of C-I-G-M- & L-V-S-G-, the Board held that two Guatemalan migrants were barred from asylum, Withholding of Removal, and relief under the Torture Convention, and that they could be sent to a third country–in this case, Honduras–to pursue a protection claim there.
The decision illustrates a new trend in Immigration Court where DHS (the prosecutor) files to pretermit (deny) asylum and order the non-citizen deported. The basis to pretermit is that the applicant could seek asylum in a safe third country pursuant to an Asylum Cooperative Agreement (ACA) with that country. The Immigration Judge may then deport the person to the third country, where they can supposedly seek protection.
Here, we will discuss the ACAs and how they are affecting asylum seekers.
Let’s start with the law. INA § 208(a)(2)(A) states that an “alien” is barred from asylum if “the alien may be removed, pursuant to a bilateral or multilateral agreement, to a [third] country… in which the alien’s life or freedom would not be threatened… and where the alien would have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection….” This is a bar to asylum, but not to other forms of protection. However, the relevant regulations expand the bar to include Withholding of Removal and protection under the Torture Convention (whether these rules can be legally challenged, time will tell).
Based on rules from the first Trump Administration, these regulations are being applied retroactively to migrants who entered the U.S. on or after November 19, 2019.
The second Trump Administration has been reaching out to various countries to convince (or coerce) them into taking our asylum seekers. As far as we know, the countries that have signed Asylum Cooperative Agreements are Belize, Ecuador, Guatemala, Honduras, Paraguay, and Uganda (we also have a long-standing ACA with Canada, but that agreement is different and is not relevant here).
Not all aspects of the ACAs are public and each agreement has its own peculiarities, including numerical and geographic limits on who the third countries will accept. One commonality is that asylum seekers need not ever have been to the third country in order to be deported there (this is different from the Canadian ACA, which only applies to asylum seekers who have physically been to Canada). This means that even if you have never been to Ecuador in your life, you could potentially be deported to Ecuador, which is considered a safe country where you can request asylum.
A few points about how the ACAs are not being utilized: First, these agreements do not apply to unaccompanied children. Second, as far as I can tell, the ACAs are not being used to block people seeking asylum at the Asylum Office; they are only used against people in Immigration Court. Third, they seem to primarily target people from Latin America (though there are exceptions). Finally, the ACAs do not prevent a person from obtaining other relief in court, such as adjustment of status or Cancellation of Removal.
How does DHS (the prosecutor) utilize ACAs in Immigration Court? As I have encountered these, DHS files a motion to pretermit the asylum case based on an existing ACA. Usually, this is done with very little notice prior to the Individual Hearing. If the Immigration Judge (IJ) determines that the ACA applies, the non-citizen must then prove “by a preponderance of the evidence that he or she will more likely than not be persecuted on account of a protected ground or tortured in the relevant third country to avoid application of the safe third country bar and for the respondent to be eligible to seek asylum and other protection claims in the United States.” In other words, you need to either show that the ACA does not apply, or that if it does apply, that you would be persecuted or tortured in the third country.
How do you show that the ACA does not apply? Some ACAs are limited by their terms (you can find links to the various ACAs here). For example, if DHS raises the Guatemalan ACA, that agreement only applies to people from Central America, and so if you are from Nigeria, that ACA does not apply to you.
The ACA countries have only agreed to accept a limited number of migrants, and so potentially, you could argue that the “quota” for that country is full. One difficulty with this argument is that the quota is not public, and so we do not know how many people each country will accept. Also, we do not know how many people have already been ordered deported to that country. In practical terms, I have not heard about this argument succeeding.
Assuming the IJ concludes that the ACA does apply (and in most cases, judges are reaching this conclusion), then you must show by a preponderance of the evidence that you would face persecution in the third country. For most people, it will be very difficult to demonstrate that they will be harmed in a country where they have probably never been. However, some groups–LGBT individuals, people who fear transnational gangs, some religious minorities, etc.–may be able to make this showing.
What else can you do if DHS files a motion to pretermit your case? One strategy is to ask for more time to respond. Unfortunately, most IJs seem unwilling to allow more than a few weeks to submit a response. Also, you may be able to argue that DHS filed the motion to pretermit too late (different judges have different schedules for filing motions). Some IJs may be sympathetic to this argument, but I have not yet seen a case where it actually succeeded. I have also heard about a lawyer who threatened DHS with a bar complaint over the dishonest representations contained in the motion to pretermit (including that the third country was safe and could fairly evaluate the person’s asylum claim), which caused DHS to withdraw the motion. Finally, if the judge orders you deported to a third country per an ACA, you can appeal to the Board of Immigration Appeals, and from there, to federal court. This will at least buy you some time, as the appeals process often takes years, at least for non-detained cases.
The ACAs represent an abdication of our legal and moral responsibility to help others. The idea that ACA countries have functioning asylum systems or can accommodate more refugees is a sad joke. Also, given the numerical limits, it seems highly unlikely that they will actually accept many of our asylum seekers, and so those ordered deported to ACA countries will likely end up in limbo. Despite all this, DHS and the Immigration Courts seem intent on accepting the fantasy that ACA countries are safe places of refuge, and using that fiction to block people from asylum in the United States.
Hi Jason. I do not know if you heard but the DoS is planning to pause all immigrant visas for 75 countries which includes the 39 countries with previous restrictions plus a few more including Albania, Bosnia, Uruguay, Brazil, Russia, Thailand, etc. My country was not in the previous list of 39 countries but it is now in this new list. I have a green card based on asylum and will use my passport (which I have done many times in the past since getting my green card without a single issue). I am traveling abroad in a few days and will be back a few days after the day when this new rule will take effect (Jan 21st). So I am worried if I should cancel the trip. Please help me. Thanks a lot.
I have not reviewed the details of the new rule, but I doubt it affects people with a green card. As far as I know, it is a ban on new immigrants. However, it is worth double checking or talking to a lawyer before you go. I do not think it will be necessary to cancel the trip, at least based on what I have seen so far, but I do think you should get more info about the change before you travel. Take care, Jason
[…] Trump Administration is also lying for tactical purposes. They are denying asylum based on safe third country agreements when they know that the third countries are not actually safe and will not accept many of our […]
Hi Jason,
Have you read this article from the NYT? Apparently,
iCE has detained refugees in Minnesota. We are talking about people with approved refugee status. How is that even legal? Why is nobody challenging this?
https://www.nytimes.com/2026/01/13/us/ice-arrests-refugees-minnesota.html
What I especially hate is the double standard.
When people’s rights are under severe attack, we still have people who refuse to vote because “She is just not inspiring enough for me to go out to vote”.
I mean…you get what you voted for.
I think asylum advocates really need to do a better job in terms of lessen people’s dislike to asylum seekers. Otherwise, I can foresee republicans continue to stir up the emotion and sentiment. Because it works 100% of time and they will keep getting reelected and impose sweep rules that will neutralize any gain, if any, made by asylum advocates. And it’s not even close, in terms of scale. So I would propose that immigration law firms, instead of focusing on defending individual asylum seekers in front of EOIR…maybe more budget should be assigned to educate people and change minds so that they are less susceptible to the republicans culture war sentiment.
The Administration itself is doing an excellent job of making people more sympathetic to asylum seekers. Unfortunately, they are doing that by harming and sometimes killing asylum seekers. How that will affect the midterms, we shall (hopefully) find out. Take care, Jason
I have not read the article (and cannot access it), but I have heard about a few cases where refugees were detained because of a criminal history or a possible fraud. My guess is that these refugees were accused of immigration or criminal violations. Whether it is legal to detain them, I have my doubts (but again, it depends on the specifics of the case), and of course I believe that the Administration is lying about refugees, and Somali refugees in particular, to target that community. To me, this is based on nothing more than racism and using the “fear of refugees” to gain more power. Hopefully, the refugees can get some legal help to challenge their detention and prevent their deportation. Take care, Jason
Hello Jason,
Thank you for all your support and kindness. I read an update from ASAP organization that USCIS stopped renewing work permits for 40 counties including Afghanistan which I am originally from. So if this happens, which seems it is already happening. What should we do ? I will loose my job in a matter of second because of my employer, and I do not have any other source of income, and I am the only bread winner of my family. This is really really stressful and something that I never imagined. Would you please put some light on this ?
This is actually unclear. There is a new memo (www.uscis.gov/sites/default/files/document/policy-alerts/PM-602-0194-PendingApplicationsAdditionalHighRiskCountries-20260101.pdf?fbclid=IwY2xjawPH7oxzcnRjBmFwcF9pZBAyMjIwMzkxNzg4MjAwODkyAAEep_OIGXHH379HHcdgFUoRnT0kKUrxNmV1sOiFoVMWnW1m66SaNy8T9W0b5_w&brid=GHDImoSpTHnVlt6xrsWXcw) stating that all benefits for people from banned countries are now on hold. However, there are some exceptions to the hold, including for c-8 (asylum pending) work permits. But there is also a footnote talking about initial c-8 work permits. And so it is not clear (at least to me) whether only the first work permit is excepted from the hold, or if all c-8 work permits are excepted from the hold. Combine this with USCIS’s decision to end the automatic extension of work permits and reduce the validity period to 1.5 years (from 5 years), and we have a very difficult situation. At this point, I have not heard about any lawsuit challenging the hold, but I would expect there will be such lawsuits. I am also hopeful that the hold will not last long. It serves no legitimate purpose and is not based on any actual evidence, and so hopefully it will either end soon or will be blocked by a federal court. Take care, Jason
Hi Jason,
Quick question about N400 applications processing. I had n400 interview back in July 2025 and my application got approved on the spot and I was told I will be scheduled for oath ceremony within 1-2 months. However I haven’t heard back from USCIS since then nor my online status hasn’t changed from ‘oath ceremony will be scheduled’ for the last 5+ months. I got my green card through asylum in 2020. I am not from the 40 travel ban countries. Does the pause of asylum application affect my oath ceremony given I get my green card through asylum? If not what are my options? Thanks
I am not sure why that would happen. You can try contacting USCIS online or by calling and trying to reach a human being (800-375-5283). You might also reach out to your Congress person for help, as that can be a effective way to get a stuck case moving. You can find their contact info if you follow the links under Resources called House of Representatives or Senate. Take care, Jason
I contacted USCIS with chat and they said my case is within normal processing time and doesn’t make sense. Contacted my congressman to request USCIS. Thank you for your guidance!
Hopefully, the Congress person can assist. Let us know what happens. Thank you, Jason
Here is congress response (not sure if it is positive or a generic response to all requests):
“ Thank you for your inquiry on behalf of your constituent ****regarding the pending Form N-400, Application for Naturalization
USCIS has received and approved your request for your oath ceremony to be scheduled. Your application is pending in queue for oath ceremony scheduling at a USCIS field office, and a notice will be mailed to your current address of record on file with USCIS.
If you have not received a new oath ceremony notice within 90 days of this response, please feel free to submit a new inquiry.
We hope this information is helpful.”
Should be happy about it?
Hi Jason,
Here is a response from uscis to my congressman:
“Thank you for your inquiry on behalf of your constituent xxxx regarding the pending Form N-400, Application for Naturalization.
USCIS has received and approved your request for your oath ceremony to be scheduled. Your application is pending in queue for oath ceremony scheduling at a USCIS field office, and a notice will be mailed to your current address of record on file with USCIS.
If you have not received a new oath ceremony notice within 90 days of this response, please feel free to submit a new inquiry.
We hope this information is helpful.”
Is this a positive response or the usual generic answer to all congress requests? Thanks
This sounds specific to your case, and so hopefully, it is accurate. If you are from a “banned” country, the oath ceremony could be delayed, but otherwise, it seems like you should get a notice about the citizenship soon. Take care, Jason
Hello Jason,
I’m from Senegal, and won asylum last year. My green card application is with the USCIS and has been pending for the last 7 months. My country is now part of the travel ban with partial restrictions, do you know if that applies to my green card? The text says “Citizens of these countries will not be issued immigrant visas”, but not sure if that applies to people who are already here.
Best,
Ali
There is a memo (chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.uscis.gov/sites/default/files/document/policy-alerts/PM-602-0194-PendingApplicationsAdditionalHighRiskCountries-20260101.pdf) from USCIS that puts all benefits, including green cards, on hold for people from banned countries. Hopefully, this will end soon, but we do not know. In any case, even if there was not a hold, a green card based on asylum normally takes 1 to 2 years, so it is still too soon to expect a decision. Take care, Jason
Hi Jason, my individual court date is in late 2026 in newyork . I am planning to request to push the date to further due to ongoing circumstances . What are the grounds to request to change the date ? I am planning to move to cali at attend school there. Will my case transferred to cali ? Thank you
The sooner you move and try to transfer the case, the better. It is more difficult to change a court date when you are closer to the date. There are not many good excuses to postpone a case. Maybe if you are getting a green card some other way (through marriage to a US citizen for example), then you can ask to delay the case. Otherwise, I think your best option is to move and then ask the court to move the case. If that works, it should get you some more time (though you never know, it is also possible that the court in CA will schedule your case quickly). Take care, Jason
Hi Jason
Posting on behalf of a friend who wants to stay anonymous and needs some help.
Thank you so much for your expert insights.
“I came to the US as a student and in my last semester, due to financial hardship, I worked without authorization for couple of months(paid taxes) to clear my dues in 2011. While on OPT, due to fear of returning back, I filed asylum with help of my lawyer who did all the paperwork for me and I fully trusted him. I was approved and later the same lawyer did my GC and it was approved as well without interview. Now, this month, I am due to file N-400. While reviewing my old paperwork, I realized, the lawyer put No on unauthorized employment for both I589 and I485. When I asked him, he said, he missed it. Although, it was never asked or brought up during any interview. Due to current political climate, I am worried if I should hold filing N-400 or continue filing it? Should I correct the mistake? My lawyer is giving me mixed response and tells me its up to me. He says, working without authorization is not a bar to asylum or green card and is not material. So, he says mistaking that should not matter and it is not misrepresentation compared to other GC category where it is material and its less risk to not disclose it at this point to keep it consistent. I donot have anye criminal record or any traffic violation and have permanent employment as a government IT contractor for past 10 years. And if I disclose it, then I am giving government the acknowledgement of the miss and they might argue misrepresentation and even cancel my GC. So, now I’m in limbo, either way I am at risk.
Any suggestions on this matter on what would be the appropriate action? How much weight missing to disclose an instance of unauthorized employment have on case like mine?”
Unauthorized work will be forgiven for asylres who is trying to adjust status.
Working without authorization is not a bar to asylum. However, lying about the work on a form is an immigration violation, and that could cause USCIS to charge you with fraud (I get that the person did not lie, but USCIS will likely interpret the incorrect response as a lie). One option is to not apply for citizenship now and wait – and hope – that the situation becomes less difficult. If the person wants to apply, they would need to reveal the error and explain it. This seems like an honest error and the person had no intention to deceive the USCIS, so maybe they will accept the explanation. However, I think these days, there is a risk in revealing the error, and so it depends on how badly the person needs citizenship. Also, if USCIS decides this was a fraud, I think the person would need a waiver under a section of the law called INA 212(i). A waiver is just a way to get forgiveness for doing something wrong. To qualify for a 212(i) waiver, the person needs to show that he has a US citizen or green card parent or spouse who will suffer extreme hardship if he is deported. If he does not have such a relative, he cannot get the waiver, and so this might also be a consideration when making his decision. Even if he loses his status, he may still qualify for Withholding of Removal or Torture Convention protection. I do think if he wants to proceed, he needs to talk this through with a lawyer (and maybe a new lawyer would be better) to think about his options and how best to approach the application. Take care, Jason
I mean…
There could be asylees who do trigger a fraud inadmissibility ground, many have to lie to get in the U.S….sometimes by falsely claiming to be a us citizen. Are you saying that, in that case, if he doesn’t have an immediate relative, that asylee couldn’t adjust status and has to remain an asylee ?
The relative I mentioned is needed if the person ever needs a 212(i) waiver. Take care, Jason
Hello Jason,
thank you for your help to the asylum community. My question is: I am not from a travel-ban country. I applied for my asylum-based AOS on November 29, 2025. There has been no activity so far. Is the AOS process paused for everyone whose application is based on granted asylum?
Thank you for your help.
Such cases take a year or more even without a pause, and so as long as you have the receipt, you should be fine. As far as I know, people from non-banned countries are still able to adjust status, but it is not entirely clear, as the USCIS is not very transparent about these things. The most recent memo (from January 1, 2026) indicates that benefits are paused for travel ban countries, but not for others, and so hopefully, your case will proceed normally. Take care, Jason
Hello Jason,
Thank you for your help to the asylum community. My question is: I am not from a travel-ban country. I applied for my asylum-based AOS on November 29, 2025. There has been no activity so far. Is the AOS process paused for everyone whose application is based on granted asylum?
Thank you for your help.
Hello Jason,
Thank you for your help to the asylum community. My question is: I am not from a travel-ban country. I applied for my asylum-based AOS on November 29, 2025. There has been no activity so far. Is the AOS process paused for everyone whose application is based on granted asylum?
Thank you for your help.
Hi Jason
I have a question to ask you please give me some great advice if not tell me I am an idiot.
We are trying to go back to our home country.
We did not renew our passport since 2019 and 2021,
We are now trying to get a manual passport from our embassy and go back.
Embassy is saying that they need to know if we have withdrawn our case or not.
If we have cancelled our case or not.
It seems that on arrival our countries immigration would lilke to know this.
So they want us to give them an affidivit to state we do not have asylum here and we are still a citizen of that country of ours.
My question to you, What happens if we say to our embassy that we are undocumented?
Then they dont ask us a copy of our ID or copy of the case for asylum.
Or can we just tell them we dont even have a case now.
will they take our word for it.
We are just trying to get this emergency travel document and leave before things become very dificult.
we dont hope that we can survive all this difficult days with 2 kids.
Once we go back we plan withdraw the case. But the first thing here to get this embassy sorted and take our travel documents.
Please Jason advice this thing is just taking all my strength.
Thanks a million Jason.
I do not know about how the different embassies work in terms of issuing a travel document or passport, and so you may need to talk to a lawyer or other expert from your country about that. In terms of US immigration, the asylum application is confidential, and so your embassy would not know about it, and they could not verify whether it is pending, withdrawn or ever filed in the first place. If you show them your work permit, that would reveal that you have an asylum case pending, as the category for an asylum pending work permit (c-8) is printed on the card, and if they know the code, they will know you filed for asylum. Of course, filing for asylum gives you no status in the US, and so I highly doubt that would affect your citizenship status back home. It is better and safer to withdraw the asylum case after you leave (I wrote about that on December 7, 2022), but you could withdraw the application before you leave if that is needed to get a passport from your embassy. I would talk to a US immigration lawyer before you do that, as it would likely result in you getting sent to immigration court and would create some risk of being detained. Take care, Jason
I mean I don’t want to be the one who says the obvious.
But if a person is applying for asylum and then actively and extensively contacts its country of origin govt’s embassy and openly reveals asylum seeking … I think the asylum app should be properly deemed as frivolous and this person be prosecuted and jailed/deported.
I also wonder how many people are like that still in the US. In this perspective, I agree with the president. Asylum should be reserved for people who are qualified for asylum. A lot of people don’t have a primary face asylum case, but they file nevertheless and take advantage of the backlog. From this perspective, FILO, shortening of EAD all make a lot of sense.
Contacting an embassy is not a sign that the case is fake. Many well known dissidents are able to renew passports and communicate with their embassy, but they cannot safely go home. Take care, Jason
You are right they are not supposed to know but they keep asking us. What is our validity of status over here do we have a valid visa or a green card? Or are we citizens?
At this point what should we tell them.
If we tell them that we are renewing our work permit and then say to show the work permit card.
On the work permit card, they never know about the code, but they do ask based on what did you get the work permit so we had one long time and go told them that we had applied for asylum.
Now though it has been nine months so we have a drivers authorization we just want to go ahead and tell them that we are undocumented. Work permit is no renewed and hence we dont have a case. Will this be an issue because we really dont want to tell them our personal stuff.
Just want to get the emergency travel document and leave since because of asylum and work permit fear we never renewed our passports.
Will they give it to us?
Normally do lawyers printout a copy of the case, saying that it has been canceled if the embassy asks for it or do we need to really give an affidavit signed by a lawyer saying that we don’t have a case here?
How do we go about closing this with the embassy only?
I think you have to decide what to tell the embassy. I do not know what they might know or suspect about your status here, or if there are consequences if you lie to them about your status. A lawyer in the US would not normally write a letter stating that you do not have a pending asylum case here, though the lawyer could write a letter stating that you do not have asylum or any other permanent status in the US. In other words, a lawyer would not write a letter that is not true, as we can get into trouble for that, but they could write a letter stating that you do not have asylum or other permanent status, as this is true. Whether such a letter will help with the embassy, I do not know. Take care, Jason
Why can’t the govt let people from more nations applying for TPS ?
Compared to a lot of current TPs holder, I believe I need that status more and when I try to apply, I am blocked from applying because I am not one of the countries…
So unfair and I cannot even participate in diversity lottery…simply because of my country of origin
I would like to ask you for your professional forecast regarding what this administration will do from now to Nov.
What else is on the table ? How much they can achieve during next 10 months ?
I keep hoping they will declare victory and ease up, but that seems unlikely. I suppose we shall wait and see. Take care, Jason
Hi Jason,
Thank you for the post. To confirm my understanding: if someone entered the US in 2018 and applied for asylum with USCIS, and then referred to immigration court, the ACA wouldn’t apply? My understanding from reading your post as well as the official rule is that the ACA wouldn’t apply to anyone who entered before the fall of 2019. Is that correct? Can the executive (in theory) expand the date somehow to make it all-encompassing? (I.e, ACA will apply irrespective of the date of entry?)
Thanks Jason
That is my understanding. If you entered in 2018, the ACA does not apply to you. Whether they have authority to make the ACA applicable to people who applied earlier, I am not sure. I doubt that will happen as they already have their hands full with the existing cases, but if they tried, it could probably be challenged in court. Take care, Jason
It’s going to be difficult if they apply this rule retroactively.
Hi everyone –
any of you used this form for ACH transaction approval? I filed for the EAD renewal, just wondering how long does it take for them to process the payment.
Hi Jason. I am preparing my citizenship application and there is a question in the N400 form that I am not sure about the answer.
Question is “If you are a lawful permanent resident, provide the date you became a lawful permanent resident (mm/dd/yyyy). I got my green card on 05/20/2022 but since it was asylum-based, it was backdated to 05/20/2021. So in my green card, it is written “resident since 05/20/2021”. So which date should I enter in the N400 form, the 2022 or 2021? Thanks
I think the 2021 date is correct, as it is on your GC. For that question, you can note on the Supplemental page of the form that you got the GC based on asylum, so that you actually received the card in 2022, but you are considered a resident since 2021. Take care, Jason
Hi Jason,
My relative recently was asked to attend an appointment by the ICE at federal plaza and he went there last week which resulted in his detention. I believe they are taken out of NY and possibly in NJ. What do you think will happen to him and where will they send him again and how much are the chances of him getting out? Will he be listed on deportation list and finally deported or transfer to a third country for asylum process again? He is from the banned 19 countries.
Another relative also received the ICE letter. What are your thoughts for him if he should go and be detained or he has some other options too? If he does not go he will be caught anyway and if he goes he will be detained and possibly removed from US.
Thanks Jason.
If they want to try to stay in the US, I think you should talk to a lawyer for both cases, and do that as soon as possible. For the person who is detained, they may hold him in NJ or they may move him somewhere further away, such as Louisiana or Texas. If he wants to fight the case, he can file a habeas petition with the federal court to challenge his detention and try to start the process of getting released on a bond. If he files while he is still in NJ or NY, he will remain there, but if the government moves him, he will have to file the habeas at his new location, and the courts are tougher in places like Louisiana and Texas. For the person who has the appointment, he should talk to a lawyer about his option, and maybe prepare a habeas petition in advance, so that can be filed quickly if he is detained. For both, they also need to think about whether they have any defenses to being deported, and whether it is worthwhile to fight the case or whether it is better to leave the US. Take care, Jason
The first one who is detained does have a govt lawyer but not a personal attorney. He is being told that he will be kept here in NJ. In your opinion if his lawyer has filed a hebeas petition, what are the chances of him being released and if not deported and how long this process will take? Maybe months?
Second one has no choice, he has agreed to go and talked to his lawyer. I think he is mentally agreeing that he will be detained and he will challenge the decision in court and will be released again? Do you think he should attend or forfeit and leave for any other place like canada maybe? Thanks Jason again.
For the first person, I am not sure what you mean when you say he has a government lawyer. If he has a lawyer who filed a habeas for him, and if the habeas is successful, he will then have an opportunity to apply for bond with the Immigration Judge. Whether he gets released depends on many factors, such as whether he is a flight risk, whether he is a danger to the community, and whether he has a chance to win his case. I do not know the time frame, as it varies by judge, but if the habeas works, he should be able to apply for a bond in a month or two. I do not know how long the habeas takes. I m not sure I understand the question related to the second person. If has a visa for Canada and he is eligible, he can request voluntary departure and maybe he can get sent to Canada. If he plans to leave the US, I doubt he can get released, but he can ask. Take care, Jason
Hi Jason,
Do you know how long USCIS legally can put hold on process the green card application for Asylee from 19 countries ban listed?!, is there any timeline or they dan do as long as they want???
There is no law related to this and no precedent, and so we do not really know. I expect that if the pause continues, there will be lawsuits challenging the government’s authority to refuse to issue GCs and other benefits, but as of now, I have not heard of any such lawsuits. Hopefully, USCIS will do whatever it does to (supposedly) improve security, and then continue processing cases. Take care, Jason
Is it the case current that
Immigrants enjoy less freedom of speech than American citizens ?
Freedom means the ability to expression without criminal/civil/immigration penalty…
Hi Jason, I just have a question to ask you so with all that is happening if we pick up our passports and our baggage and go to the airport is that like a self deportation or do we have to register with the app itself and if we just don’t register with the app and we just show up at the airport to go back to our home country will the officer ask us? What are you going to do with your Asylum case what should be in that case tell the officer are we going to withdraw it when we leave the country or should we keep quiet about it and tell them nothing my worry is that we want to go back home and we just want don’t want to get caught to ice and hence we have decided to go back for family reasons mostly because a parent has passed away in our family. All this happened about a year and a half ago, and we are still in the process of getting our travel documents because we did not renew our passport when we were renewing our work permits for the fear that they will question us and cancel our work permit applications.
My question is, can we just go to the airport and leave the country or do we have to self deport ourselves and registered on the CBP app?
Or can i send my husband first to our home country he is the main applicant on the application for asylum.
And get my travel document sorted and then travel with kids. Is it risky for him to go alone or for me to alone? With kids
Pls advice
If you entered the US lawfully and do not have criminal convictions, I do not think you should have trouble leaving. If you entered the US without a visa or have criminal issues, I also think you will most likely be able to leave without being detained, but in that case, I would talk to a lawyer about your situation. In terms of the CBP app to self-deport, I do not know anyone who has tried it, and I do not trust CBP, so I cannot really recommend it. You may look into it, as they supposedly provide some money to people who want to leave. In terms of the asylum case, if it is at the asylum office, it is best to withdraw the case after you leave. I wrote about that on December 7, 2022. If the case is in immigration court, you would want to get voluntary departure before you leave – talk to a lawyer about that. Whether you all leave together or leave separately, I do not think it much matters, but if the principal applicant (your husband) leaves first, he will have abandoned his asylum case and so you and any other dependents will be in the US without a pending case. I doubt that would have any effect if you leave soon after him, but if you plan to stay here for a while, it could become an issue. Take care, Jason
Thank you Jason.
I crossed recently to Canada and im applying for asylum here. I would like to close or withdraw my open asylum case with immigration court in the US. How can I do that?
Hi nina
When you crossed into canada did u have a valid passport before u crossed in?
Did they ask you passport?
I ask because i dont have a passport.
I need to move out of usa and seek my passport or asylum
Somewhere else so i can be able to have a normal life. Right now i dont have a valid passport and they are not allowing me to renew it becoz they know i have applied for asylum. It is such a horrible situation to be in. But im trying to come out of this!
Pls help me get some answers you can just tell
Me whatever is going to be helpful to me
If the case is in court, you can try to ask for voluntary departure. It is better to do that before you leave, but you can try to do it after you already left. You need to file a motion (a formal request) with the court, and you may need a lawyer to help with that. If the judge does not give you voluntary departure, you will likely receive a deportation order once the court date arrives and you fail to appear. This will make it more difficult to return to the US in the future. Judges will not always agree to voluntary departure after the person has left, and so it would be worth talking to a lawyer to help with the process. Take care, Jason
Can new applicants applied for TPs for Nepal since federal judge blocked the termination or is it only for existing applicant
I am not sure, as I have not read the court order, but I doubt it. You might check with an attorney who does more TPS cases, but you would also have to have been in the US since at least June 24, 2015. If you arrived after that, you would not be eligible. Take care, Jason
Hi Jason. I will be sending my N400 soon and my green card (GC) was based on asylum. I never left the US between applying from asylum and getting a green card. When my green card application was pending, I applied for Refugee Travel Document (RTD) and took a few months and interestingly was approved around the same time when the GC was approved (I believe the same day!) so I received both in the mail the GC and the RTD. Since I had a brand new RTD, I took a few international trips on the RTD but after a year the RTD expired and then I started travelling on my passport (that I got even before applying for asylum so I never renewed). Now, I believe I will have to bring both to my N400 interview, the RTD that I used the first year when I was a GC holder and the passport that I used the following 3 years. Apparently that is not an issue, right? The officer will know for sure that I had asylum when I show my RTD but I guess they know anyway since they may have access to previously submitted applications by the applicant like the I-589 right on the screen, right? How was your experience regarding that? Have you had clients who used both RTD and passport and showed both docs during the N400 interview and had no issues? Thanks
They have all your immigration records and will know about that. They likely also have your travel records and at least know when you left and returned to the US. Also, you have to list all your travels on the N-400, including what countries you visited. I do think you should bring the passport and the RTD to the interview. I do not recall them every looking at the RTD, but they could. I have not had a client who had any problems related to this. Do make sure that your N-400 is consistent with past forms, as that is important. I wrote more about that on December 2, 2020. Take care, Jason
Thanks for the reply Jason. Yes, I will bring all my passports and RTDs including expired ones to the interview in case they ask to see them. Now my question is, in addition to bring the original ones to the interview, should I also upload copies of passport/ RTDs as evidence during the N400 online submission. The official N400 instructions does not list them as always necessary but suggest that you should send photos of the passport (biographic page and al pages with stamps/visas) ONLY if you had any trip outside the US that lasted more than 6 months which is not my case. I have read online different approaches: some people upload only the biographic page of the current passport, others upload all pages and others nothing and just bring the original passport(s) to the interview. What is your approach?
I always just had the person bring the passport(s) and travel documents to the interview. We would submit copies of the photo/bio pages only, unless there was an issue about significant time outside the US, then we would submit more. However, these days, it is better to be more inclusive and there is no harm in scanning and submitting the entire document. Also, of course, bring the originals to the interview. Take care, Jason
-Respected Jason,
Hope you are all doing well.
My wife is a principal applicant, and I am a derivative of her case. Currently, our asylum is pending in immigration court and scheduled for a master hearing in mid-February 2026.
I was the victim of multiple incidents of theft and vandalism involving my vehicle on the following dates:
First Incident
Date: February 2022,
On this date, the front and rear license plates of my vehicle were stolen. I later learned that the stolen license plates were used in the commission of a robbery, as reported by the Robbery Squad. This incident placed me at serious risk of being wrongfully implicated in a crime I did not commit and caused me extreme fear and distress.
Second Incident
Date: May , 2025
When I approached my vehicle, I discovered that the front radar had been stolen and that the radar cover and wiring had been vandalized. The estimated cost of repairs was approximately $2,300.00, which was not covered by my insurance company.
Third Incident
Date : 2026
My landlord observed an individual attempting to break into my vehicle and immediately notified me. When I inspected the vehicle, I found that the door lock had been vandalized and the airbag had been stolen. The estimated repair cost was approximately $1,700.00, which was also not covered by my insurance company.
Impact on My Life: As a direct result of the qualifying criminal activity committed against me, I have suffered substantial mental and financial abuse. The initial incident, in which my stolen license plates were used in the commission of a robbery, caused extreme emotional distress because it exposed me to the risk of identity theft, wrongful criminal implication, and interaction with law enforcement for a crime I did not commit. This experience created a lasting fear that continues to affect my daily life.
The repeated and ongoing nature of these crimes has caused persistent anxiety, emotional trauma, and a constant sense of vulnerability. I no longer feel safe in my own neighborhood and remain in a heightened state of fear and hyper-vigilance. The cumulative impact of being victimized multiple times has left me feeling powerless and has interfered with my ability to live normally.I do not have the financial means to replace my vehicle or relocate to a different neighborhood as a way to protect myself. Even if relocation or purchasing another vehicle were possible, I remain fearful that such actions may not prevent further harm, as I worry that I could continue to be targeted or followed. The nature and repetition of these crimes have caused me to fear for my personal safety and to worry about potential consequences that could affect my stability and immigration status. This ongoing uncertainty has intensified my emotional distress.In addition to the emotional harm, I have suffered significant financial losses due to unreimbursed repair and replacement costs. These financial hardships, combined with the ongoing psychological trauma, demonstrate substantial mental and economic abuse as contemplated under U-Visa eligibility requirements. The harm I have experienced has been serious, ongoing, and has significantly impaired my quality of life.
My question is under these circumstances: Do I qualify to apply for a U-Visa? If I apply what is my risk and benefit? Please advise. Please help me with a thoughtful suggestion. Appreciate and highly grateful as always. Thank you very much.
I don’t think you qualify…
Vandalism, theft, robbery(even armed). None of those are qualifying crimes…
There is a list of “qualifying crimes” that can potentially lead to a U visa: http://www.uscis.gov/humanitarian/victims-of-criminal-activity-u-nonimmigrant-status. You can see if anything matches – maybe stalking. You also need to get law enforcement to cooperate and help complete the forms. Based on what you wrote, I am not sure that there is a case here, but you can certainly try and see how it goes. Hopefully, you have other defenses to being deported; even if there were a case here, the judge may not be willing to wait for the U visa process. For that reason, hopefully, you can present other applications, such as asylum, Cancellation of Removal, or something else. Take care, Jason
Hello Jason,
Does this new regulation apply to individuals who entered the U.S. with a visa, or is it only for those who crossed the southern border? Thank you.
As far as I know, it has only been applied in this manner for people who entered at the border and only in court. However, it could potentially be used against people who entered with a visa and are at the asylum office. The problem with that (from the perspective of the Trump Administration) is that the asylum office has no authority to order someone deported, and so while they could potentially use the ACA to block the person from asylum, it would not result in a deportation, but could send the person to Immigration Court, which could eventually order them deported. Take care, Jason
Hi Jason, thank you for sharing this information. My understanding of the BIA’s decision is that immigration judges are not permitted to assess whether a proposed country of removal is generally safe. If a country is included in an ACA, that determination has already been made. Judges may only decide whether a particular asylum seeker is likely to face torture if removed. My question is: if an asylum seeker is deported to an ACA country and then faces harm or torture there, who is legally responsible? In case with CECOT deportations – gov said – Salvador was out of their jurisdiction so they couldn’t do anything.
I agree with that. The IJs are basically stuck with the ACAs, unless the person can show by a preponderance of the evidence (more than 50% chance) that they will be persecuted or tortured in that country. In terms of responsibility, it would be nice if our government would be accountable (countries like Honduras and Uganda certainly will not be). However, I do not see how a deported asylum seeker could get a remedy in that situation. If there is evidence that the ACAs are frauds, which I think they are, perhaps a federal court will enjoin EOIR from deporting people pursuant to those agreements, but we will have to see. Take care, Jason
sending Guatemalans to Honduras to me sounds as equal as if they would deport Ukrainians to Russia
Pretty much. Take care, Jason