Last December, USCIS announced that it had “halted all asylum decisions” until it could “ensure that every alien is vetted and screened to the maximum degree possible.” Various other applications were also halted in the name of national security for individuals from the 39 “banned” countries.
Now, in a rare bit of good news from the Trump Administration, USCIS has issued an update indicating that some holds have been lifted for asylum seekers and others. The Agency has not provide much detail, but here, we’ll see what we can glean from this most recent announcement.
According to a new USCIS memo, the Trump Administration’s review of immigration applications found that “prior screening and vetting measures were wholly inadequate,” that “applications were approved [that] should not have been,” and that these gaps exposed our country “to significant national security and public safety risks and [compromised] the integrity of the immigration system.” The Agency provides no specifics, and I have real doubts about the supposed “gaps” in our immigration system.
Nevertheless, USCIS has been taking steps to remedy the alleged deficiencies. These include re-examining previously-approved cases, shortening the validity period of work permits, and more closely monitoring applicants’ social media activity. Again, I seriously doubt that these changes have made us any safer, though they are certainly making life more difficult for non-citizens. That’s the bad news.
The good news is that USCIS believes these changes have increased security and integrity, and as a result, the Agency has lifted holds for certain applicants. According to the USCIS memo:
Holds have been lifted for aliens vetted through Operation PARRIS, certain petitions filed by U.S. citizens, intercountry adoption forms, certain rescheduled oath ceremonies, statutory and regulatory decision issuance, refugee registrations for South African citizens/nationals, certain special immigrant visa petitions, certain employment authorization documents, and asylum applications from non high-risk countries. We continue to review all application types and lift holds for both individual and group cases as appropriate.
It’s not exactly clear what all this means, but a few point stand out. First, the hold has been lifted for “certain employment authorization documents.” As far as I know, the only EAD applications that were halted were for people from banned countries. So does this mean that those EADs are un-halted? Or maybe EADs for people from certain countries are being issued, while EADs for people from other countries remain on pause? Or perhaps certain categories of EAD (based on a family petition or asylum, for example) are being issued, while other categories are still on hold? USCIS has not made this clear, and so we will have to see how cases are being processed to get a better idea of what this means. Despite the lack of clarity, this is obviously good news for at least some EAD applicants.
The hold has also been lifted for “asylum applications from non high-risk countries.” Thus, applicants who are not from one of the 39 banned countries can now get an asylum decision. While this is a positive development, we do not know how quickly people will actually get their decisions, though I have heard about a few cases where a decision was issued (including at least one grant–for a person from Ethiopia).
Other parts of the new announcements are even more unclear. For instance, USCIS has lifted the hold on “certain petitions filed by U.S. citizens,” presumably for people from banned countries. First, I did not realize there was a hold on petitions filed by citizens. Second, a “petition” is different from an “application.” So for example, in a marriage-based immigration case, a U.S. citizen might file a form I-130 petition for her spouse. This will be approved if USCIS determines that the marriage is true. However, the petition itself does not confer any immigration benefit. Once the petition is approved, the non-citizen spouse can get a Green Card based on his I-485 application, which USCIS may grant or deny. USCIS will approve an I-130 petition even where the beneficiary (the non-citizen spouse) is ineligible for a Green Card. For this reason, lifting the hold on “certain petitions filed by U.S. citizens” has little effect, unless the hold is also lifted on applications filed by the non-citizen beneficiaries of those petitions. Maybe this is what USCIS meant to say in their announcement, but it is not what they actually said, and so we do not know whether “banned” beneficiaries of petitions filed by U.S. citizens are now able to get their Green Cards.
USCIS also notes that it will “continue to review all application types and lift holds for both individual and group cases as appropriate.” While this type of vague statement leaves us largely in the dark, at least it is a positive sign that additional people will become eligible for asylum and other immigration benefits.
These days, even a small step in the right direction is something to celebrate, and for me, USCIS’s recent announcement offers a glimmer of hope in a dark time.
Hi Jason,
Thank you for all the information and support you provide to this community.
I will be filing my asylum case soon and wanted to ask about current processing trends. Based on what you’re seeing with your recent cases, are applicants receiving interview notices within weeks to months, or are more cases being pushed into the backlog, leading to multi-year wait times?
For context, I am not from one of the 39 countries.
https://www.cbsnews.com/news/republicans-nrcc-record-fundraising-first-quarter/
GOP has been raising a lot of money, and they won’t be able to do that if their policies don’t have rich or large support…This is in conflict with the claim that…the administration’s hardline policies have been turning away people, not saying that this claim is false. But the GOP fundraising definitely disproves that this administration’s policies are all unpopular.
That means their policies are popular with a substantial portion of the society…
What can we do to make their policies…not as popular among the recipients ? Because if their policies continue to enjoy such support, asylum seekers’ fate will be made harder…
Hi Jason, I heard about case where someone with withholding of removal was detained by ICE, they said person can be deported to a 3rd country, I thought people with withholding of removal or granted CAT can’t be deported at all. Could you please clarify how does that work?
There are such cases and I wrote more about the issue on March 12, 2025. Since then, we have been hearing more reports about people with WOR or CAT being detained are put on an ankle monitor. Also, ICE often orders them to apply for status from third countries (which is ridiculous, since no country would easily given them status, but it is a way to harass and terrorize them). People who have WOR or CAT have been order deported, but the deportation has been “withheld” as to the home country, and so the US government can send them to a third country. In the past, this did not happen, but it is happening now. It is unclear how many such people have actually been deported (it seems to be very few), or how many have been detained. If you are worried about this, it may be worthwhile to talk with a lawyer and make a plan, in case you are targeted. Take care, Jason
I mean…I don’t mean to be annoying…I am just curious from an efficiency and resource preserving standpoint.
But…” If you are worried about this, it may be worthwhile to talk with a lawyer and make a plan, in case you are targeted. ”
I think your previous points are good. And I really believe the answer you could give are at the ceiling, the upper limit of what an immigration advocate can give, I don’t think anybody else could give a better answer in the field.
So…why is OP still suggested to “talk with a lawyer” ? when that probably, average quality lawyer probably couldn’t give a better answer than what you already said ? Asylum seekers don’t have a lot of money and probably also don’t have a lot of free time. Their resource and energy are limited, which should be reserved for more productive and important things.
I just want to be efficient and resource preserving and best use. That’s the purpose behind this question.
Talking to a lawyer who can ask questions and understand the specifics of a case is a good idea, especially where there may be issues that the people may not even know about themselves. Obviously, some lawyers are better than others, but it is certainly possible to find a decent lawyer, and a consultation is usually a fairly reasonable fee that most people can afford. Take care, Jason
I wanted to ask for your guidance regarding the proper filing location for my adjustment of status application. I have already submitted my EB-2 NIW immigrant petition (Form I-140), which is currently pending, and I am now preparing to file Form I-485. I submitted Form I-140 to the Chicago office.
I have come across conflicting information regarding the correct USCIS filing location—some sources indicate that it should be filed with the Chicago Lockbox
Attn: NFB (Box 805371)
131 South Dearborn, 3rd Floor
Chicago, IL 60603-5517)
But others reference Texas
Attn: NFB (Box 660867)
2501 S. State Hwy. 121 Business, Suite 400
Lewisville, TX 75067-8003).
For your reference, here is the USCIS page I have been consulting:
[https://www.uscis.gov/forms/all-forms/direct-filing-addresses-for-form-i-485-application-to-register-permanent-residence-or-adjust-status](https://www.uscis.gov/forms/all-forms/direct-filing-addresses-for-form-i-485-application-to-register-permanent-residence-or-adjust-status)
Could you please advise which USCIS lockbox I should send my I-485 package to in my situation?
Sorry, I do not do much on such cases and do not know about the mailing address. It may also vary depending on where you live. Maybe it is worth consulting with a lawyer who does such cases to advise you about the mailing address, as that issue is often confusing for many forms. Take care, Jason
I applaud you for not helping such cases and leveling the playing field.
In my opinion, all EB programs should be halted. I rarely, if ever see these applicants are truly talents that are somehow irreplaceable or cannot be domestically-produced.
But too many times, a lot of business immigration lawyers like to take these cases because they can pay more money. That’s an absolute defilement of the integrity of the industry if immigration lawyers value money more than upholding immigration system or the purpose of INA, which is to provide refuge to asylum seekers, rather than enrich foreign rich people.
Dear Jason, I hope you are well, Thankyou for your continued support and guidance about the asylum issues and all other matters on your website.
I have always asked for your help and assistance whenever any issue came up, now I have green card for past 4.5 years and will be applying for citizenship in sept of this year. I took asylum from Pakistan, and have travelled once back home on Pakistani passport, my father passed away two weeks back and I could not go to see him or attend his funeral, my Pakistani passport has expired and American travel document is not accepted in Pakistan. I wanted to ask if I can get a new passport from Pakistan consulate here in LA or is it too dangerous? Since they ask the question if you have taken asylum in USA in their passport application. I don’t know what to do since my old mother really needs me to visit her and being with family and visiting his grave will give me some peace too. I would not travel if it wasn’t absolutely necessary. Please advise if Pakistani consulate will share this info with USCIS and it will cause any issues with my naturalization process?
I’m too exhausted emotionally to think straight so your advice will help me great deal.
Thanks
I do not know whether the Pakistani consulate would share info with the US government. However, I do not think that matters too much. The US government will know that you traveled to Pakistan, as you are required to tell them on the N-400 form (the citizenship form). A person with a GC can go to the home country, but if the return trip causes the US government to suspect that the original asylum case was fake, they can try to take away your GC. You should be prepared to explain (with evidence) why you returned and how you stayed safe while you were there. So have evidence of your father’s passing away, and maybe of your mother’s health issues. If you fear non-state actors, such as terrorists, it is easier to explain how you stayed safe than if you fear the government (which could catch you at the airport when you arrive). I wrote more about returning to the home country on January 6, 2016 and maybe that would help. I cannot say that the risk is zero, but I have had clients return home after the got the GC, and no one has had a problem so far. I do think preparing to explain the trip is a good idea, in case they ask about that. Finally, note that you can apply for citizenship 90 days before the 5-year anniversary of becoming a GC holder (the date printed on the card itself), assuming you meet all other requirements. So you may be able to apply for citizenship soon. If you can wait until you are a citizen, the risk becomes even lower, but given your mother’s situation, it may be difficult to wait for that. Take care, Jason
Thankyou for valuable input, just wondering what is the current timeline for naturalization process? How long it takes to get the passport from the date of applying?
Thankyou
For people from non-banned countries, it is probably a year or a bit longer for most people. However, processing times are always changing and are not very predictable. Take care, Jason
You wont be able to renew ur passport.
La consulate is not going to make it easy. They will ask you to apply online. They will ask you to go Pakistan and apply and they will never allow you to renew the passport in Los Angeles office so be careful with whatever you do since you’re always. On the scrutiny.
Better not go to consulate of LA to ask for help.
Wait til u get ur US passport. And renounce pakistani citizenship.
All the best
U can reply here if u need any questions answered
USCIS lost thousands of employees last year. Its application backlog is at a record high—nearly double its 2020 level. And its Fraud Detection division is larger than ever.
Yet @USCISJoe keeps finding new ways to shift agency resources from adjudication to deportation.
Jonathan Blitzer @JonathanBlitzer. 13h
According to an internal agency document, US
Citizenship & Immigration Services has created the “Tactical Operations Division.” This is entirely new. It consists of teams called:
“Denaturalization”; “Refugee Re-Vetting”, “LPR
Operations”; “Fraud Detection & National Security
Jonathan Blitzer @JonathanBlitz…• 13h
The director of the new Tactical Operations Division is Danny Andrade, and there are some eighty staff working at different levels.
“LPR Operations” is apparently tasked with finding cases where officials can rescind certain people’s legal permanent residency status.
Jonathan Blitzer @JonathanBlitz… 13h • …
This is a lot of firepower in the service of an entirely new mission for the agency. USCIS is supposed to administer the legal immigration system, but the current Admin has turned it into an enforcement body. Here’s my recent @NewYorker story on USCIS:
So that’s a report from a journalist specializing in the immigration news , jason! So are they vetting all green cards and asylum for everyone got it during biden now or only the people from 39 countries? Also do they vet only or what they do? If they reexamine every approved asylum case or green card case during Biden administration i believe they will take years and years to get it done? Ain’t it? What do you think jason about that new department created by USCIS?
If that person is a legitimate journalist, the article is probably accurate. Why USCIS would not announce this themselves, I am not sure (or maybe I missed it; I was away for a week). It is certainly true that USCIS is largely focused on fraud. I have talked to USCIS workers about that, and all the trainings these days are for fraud. We do not know exactly who is being re-vetted or whose cases are being re-examined, but refugees admitted to the country during the Biden Administration are one target. I wrote about that effort on January 28, 2026. If I learn more specifics, I will try to write about it here. Take care, Jason
Sure, he’s a real journalist, but what kind of fraud detection are they actually training for? Fraudulent marriages? H1-B visas? What type of fraud are you thinking about? Identity fraud? Because reopening millions of green card or asylum cases that were approved during Biden’s administration will take years, not just months! There aren’t enough financial or human resources to handle millions of cases for people not from the 39 banned countries! What’s your take on this?
They are looking for any kind of fraud they can find. I am guessing they will use AI to help them look for inconsistencies between forms. To me, it is basically a witch hunt. Simple mistakes will be viewed as potential fraud. The whole effort is ridiculous. USCIS clearly cares less about adjudicating cases and improving people’s lives than it does about its pointless search to root out imagined fraud. I do agree that the hunt for fraud will take away from the agency’s ability to do other work. How this will all look as time goes on, I do not know, but we shall see. Take care, Jason
I wanted to know if I have left the country and emailed USCIS to close my case. Does it mean that I am exempted from the 10 year ban from US entry.
They closed our case within 2 weeks of leaving the country is it because we had a closer date of interview?
Are they calling people to interview and then deporting them? At los angeles office have you heard of it?
We just want to keep it clean to know if we needed to come on a visit in future since have american citizens in the family we just wanted our case closed.
Thanks Jason
It depends on the situation – if you came to the US on a visa and your visa expired before you applied for asylum (or other immigration benefits), and if then spent time here out of status, you could be barred from returning (there is a 3 year bar if you were out of status between 180 days and a year, and a 10 year bar if you have a year or more out of status – these are called the “unlawful presence bars”). In terms of withdrawing the case, you may need to follow up if the asylum office has not indicated that the case is withdrawn. It can take them months to withdraw a case. I wrote more about withdrawing on December 7, 2022. Take care, Jason
Thank you for replying Jason we came to USA and applied for asylum before our visas for stay expired expired we got 5 years visa but entry stamp we have 6 months to leave after staying.
Our visa going to expire in June we applied for asylum in May of that year.
we then went ahead and got our work permits within a few months so does that put us in unlawful status even though we had work permit permits.
now that we have come out of US and we have closed the case do we still come under the 10 year ban ?
so if we apply for the visit visa let’s say in five years will they give us a visit visa or are they going to scrutinize into this?
Our daughter was born there and so we might visit the place we lived and friends that we created they also like family. that’s why I’m asking this question.
Thank you for being here for us.
Based on what you wrote, it sounds like you would not have unlawful presence and therefore would not be barred from returning. That does not mean it will be easy to get a visa. The consulate can still consider that you came to the U.S. and filed for asylum, and they could deny the visa as a matter of discretion. Some types of visas are more likely to be denied for this reason, such as B or F. Other types of visas are less likely to be denied for this reason, such as H1b or L. I think you would want to have additional evidence that you plan to leave the U.S. at the end of your visit. You could also have a lawyer assist with the visa, as they could maybe help make the application stronger. Take care, Jason
Hi Jason,
Asylum granted last year, both green card and rtd pending. But Im from one of the 39 countries so unlikely they will issue anything soon. Wonder if advance parole is an option and travelling with national passport since ive no option. I didbt see my family fir the last 8 yrs since I was stuck in the asylum backlog and kinda getting desperate
@moe
Jason will answer you for sure but bro AP is still considered an immigration benefit and for the banned countries you can’t get any immigration benefit! i know it’s hard times but patience is the key.
May I know what year did you apply and where? I’m also in backlog since 2016, NY
You can probably get AP (or at least apply for AP) based on the pending green card application. But there is no reason to think USCIS would issue AP for a person from a banned country, and so it seems like a waste of money. If you do get it, as far as I know, people with AP from a banned country can use that to re-enter the US, but I have not heard about anyone actually doing it, and I think it would be better to get more info (have a lawyer look into it, for example, or ask around on list serves – though you have to be careful, as each person’s situation is different and just because one person was ok, that does not mean another person will not have trouble). I do think there is a chance that some of the holds will start to end, and so if you want to apply for AP, you can, though the better travel document is the RTD and that is already pending, and I do not know why USCIS would end the hold for AP, but not for the RTD (of course, they are very unpredictable, and so that is possible). Take care, Jason
Hi. Thank you for supporting this website and us. How have things been going with expedite requests for I-131 Refugee Travel Document? The processing time shows almost year and a half! It’s unbelievable and impossible to wait that long. Instruction to expedite requests says that simple human reasons such as seeing family are not suitable. They need something with proofs. Hence the question, how high the standard of proof is? For example, I have obvious symptoms that require me to see a doctor, but I don’t have health insurance in the US. How can I proof this? Will my affidavit alone be sufficient? Or maybe a letter from a foreign doctor I’ll see online? The list of reasons also states attending the event. Again, what kind of event is respectful enough for this? Would having purchased flight tickets in hand make a difference? Sorry, I have to ask you about real-world experience because the USCIS instruction make no sense.
@Kaioshy
i hear you man, but your reasons for expediting things up are pretty ridiculous and honestly, they might just laugh at you! Don’t try to pull a fast one on them, trust me, USCIS isn’t stupid. your reasons for expedite are ridiculous to believe.
It is a big problem, and generally, the Trump Administration is trying to make life impossible for immigrants in the hope that they will “self deport.” I wrote about expediting on January 29, 2020 and that might help but your best bet may be to reach out to your Congress person for help. You can find contact info if you follow the link under Resources called House of Representatives or Senate. That could potentially work without any evidence, though it would be better to get evidence. For a case like yours, if you could at least attend a check up to get a letter from a doctor explaining your problems, why you need treatment, and why it is urgent, that would help. Then, you can include evidence that you cannot afford treatment (such as tax forms showing a low income), evidence that health care is cheaper overseas (maybe an article from the country where you want to get treatment), and letter from you explaining your plan. Even in the best case, expediting is hit or miss, but it is worth trying and it does sometimes work. Take care, Jason
Hi Jason
I would really appreciate your advice on my situation.
I entered the U.S. on an F-1 visa in 2021, and my asylum case has been pending with USCIS for about 3.5 years without an interview.
A few months ago, I filed a mandamus lawsuit. The government first requested an extension, and today—on the final deadline—they filed a motion to dismiss.
Now I’m at a decision point. My attorney is asking for an additional $1,500 (on top of the $4,400 I already paid) to fight the motion to dismiss.
In your opinion, which option makes more sense strategically for increasing my chances of getting an interview:
1. Pay the additional fee and fight the motion to dismiss, or
2. Voluntarily dismiss the case now and refile a new mandamus myself in a few months (without an attorney) , since I already know the process!
I am also from 19 banned countries.
I’d really value your honest opinion based on experience.
Thank you.
It may depend on where you are located, as a mandamus in some jurisdiction (such as Los Angeles, for example), just puts you in the queue for an interview and that could take a few years. Also, 3.5 years may not be a long enough wait to win a mandamus lawsuit in some jurisdictions. Finally, since you are from a banned country, even if the mandamus works, you will get an interview but no decision until the hold ends, and so I do not know that the mandamus is worthwhile under those circumstances. You might abandon it and then re-file if the hold ends or at least if you think the government is less likely to file a motion to dismiss. It may be worth discussing this with your lawyer, as you’ve already invested a good amount of money, and if there is reason to believe you will overcome the motion to dismiss, maybe it is worth it, but based on what you’ve said, I am not so sure about that. Take care, Jason
WARNING: New “Anti-Asylum” Department at USCIS?
Asylum/Refugee
Heads up to everyone currently in the asylum process.
I recently came across some information regarding a shift in how USCIS is handling asylum cases.
According to reports from multiple immigration lawyers following recent interviews, the decision-making process has changed significantly:
The Old Process:
Previously, the workflow was relatively straightforward: the interviewing officer conducted the interview, drafted a report, and submitted it to their supervisor, who would then finalize the decision.
The New Reality:
There is now an additional layer of scrutiny. A new department of 5–6 people has been placed above the supervisors. Their specific mandate is to review cases with an extremely critical eye, essentially doing everything within legal bounds to find grounds for a denial.
What This Means:
This appears to be the practical application of the “Enhanced Screening and Vetting Practices” we’ve been hearing about. It isn’t just a background check anymore; it is a multi-stage “denial review” designed to catch any inconsistency or weakness in an application before it can be approved.
hey jason i see that posted on reddit by an attorney !! is that really accurate?
I have not seen that, but USCIS (and the Board of Immigration Appeals) is certainly trying to deny more cases. We are still seeing grants at the asylum office. If I hear anything about this, I will try to write about it here. Take care, Jason
Hi Jason, I’ve read that nationwide asylum approval fell to 7%, have you heard about any asylum case approvals recently? Office interview and court decisions? What’s your take on the approval situation?
I believe that is for court cases. I do not fully trust their data, but it has certainly dropped. Much of that has to do with the sneaky ways they are denying asylum (such as the Asylum Cooperative Agreements, where they order a person deported to a third country, but the fact is, the third countries will take very few of these “deported” people). I think it is still possible to win asylum, but especially for people who entered the US after November 2019 at the border, and who did not have a visa, the large majority of cases are denied based on these ACAs. If you entered with a visa, or before November 2019 without a visa, it is easier to succeed, and a decent case still has the possibility of success. Take care, Jason
Hi Jason,
I need some advice. Lets suppose someone dit her asylum application on her own and mentioned that she was arrested because of her political views and the officer made her call her husband to bring significant amount of cash to release her, the officers even use death threats if the money is not paid which the husband paid cash and she was released . But before the interview she hired a lawyer who realized what happened to her was not an arrest but fit under kidnapping for extortion which she clarified during the interview and she was granted asylum. Now she is filling for greencard, what doest she put in her application because the clarification was verbalized during the interview. Should she explain the same things that happen to her again in the greencard application? Should she mention that the police actions was criminalized actions and was discuss during the asylum interview?
For the questions about arrests, she should give the answer that she thinks fits best, and then provide an explanation, as she did in the asylum case. As long as USCIS does not think she is lying or trying to hide something, and as long as she is consistent with the asylum case, she should be fine. Take care, Jason
I have a driver license from one state, which is REAL ID complaint. And then I got another driver license from another license, which is NOT REAL ID complaint. The folks in the other state didn’t take the REAL ID license. I wonder if I went to airports, would I be able to use my Florida REAL ID license? I know people who are in TPS who travel with REA ID driver license, and they were fine. I also travelled with it before ICE came into airports and I was fine, but I didn’t have another license from another state at the time. The law said that a REAL ID driver license is actually valid for two years from the moment of its expiration date, so mine should be good until 2028. But when the TPS is ending for my country of origin, I wonder if I can use the REAL ID license, or if I would be questioned for why I have two driver licenses? Do you think they would know I have two driver licenses, one standard and one REAL ID? It is not my fault, but the other state didn’t ask me to turn in my REAL ID driver license, and I only intend to use it for domestic travels. What do you think is the most prudent course of action for me in this situation, if I wanted to travel domestically?
I do not know about that, sorry. As far as I know, if you have the required documents for a domestic flight, you can travel (https://www.tsa.gov/travel/security-screening/identification). Also, even though you still have your Real ID document, I do not know that it is still valid. It may be; I just do not know. It may have been canceled by the state when you got a new state ID. If that happened, you would still have the card, but if the TSA checked it, it might come up invalid. Again, I do not know about this, but given the difficult situation and that ICE is in many airports, it is probably worth looking into (maybe you can check the DMV website for your old state to see if it has any info, or call them). Take care, Jason
Hi Jason,
I hope you’re doing well. I’m reaching out because I’m facing a serious dilemma and I was hoping you could help shed some light on it.
I immigrated to the United States over two years ago through the Special Immigrant Visa (SIV) program, which was offered to individuals who supported the U.S. mission in my country. My SIV application was processed and fully vetted before I arrived. We were brought here officially through the U.S. Department of State, and a few weeks after our arrival, we received our green cards.
Recently, after more than two years as a lawful permanent resident, I received an email from the State Department stating that the Chief of Mission (COM) has withdrawn the approval of my SIV status. The message also indicated that I have 120 days to appeal this decision. After speaking with several relatives, friends, and acquaintances who came to the U.S. under the same program, I found out that they received the exact same notice.
It appears that the current administration may be reassessing SIV cases, and some of my friends who appealed have already had their appeals denied. They were advised by attorneys to apply for asylum instead which they did, but USCIS closed their asylum cases because their status still shows them as permanent residents.
We’re now uncertain how to proceed. If we don’t appeal, we’re worried that after 120 days our legal status and green cards could be revoked. But if we appeal, the chances of approval seem very slim. And if we pursue asylum, USCIS will likely reject it again due to our permanent resident status.
This situation is causing a great deal of stress for me and my family. I would deeply appreciate any insight or guidance you can offer on what steps to take next.
Thank you very much for your time and assistance.
Best regards,
I had not heard about this and am very sorry to hear it. If this is happening to many people, it is an extreme betrayal of our nation’s obligations and values. I would certainly recommend you that (and any other) organize yourselves so you know how many people have been affected. I think you should then contact your Congress people and inform them about what is happening. If you have US citizen friends and family, they should also contact their Congress people. There are also groups of US military veterans that support Afghans (and others) who have faced immigration problems and it would be worth looking for them as well (maybe on Facebook, I can’t remember). In terms of your own case, I think it is best to appeal, even if the chances of success are low. You would want to have a record of your efforts to fight this, and appealing is part of that record (keep copies of all documents and correspondence related to this case). You may also want to file for asylum; again, to have a record of your efforts. I would also recommend that you (and if you are in touch with others, all of you) contact a lawyer to see if they can help. Even if you do not need them to file cases for you, it would be worth having a lawyer look at the situation to see if they can assist. If you need our firm to do that, feel free to reach out. I am very sorry that this is happening. It seems like the Trump Administration has no respect for our allies and no decency or compassion for anyone. Take care, Jason
Hi- I have been reading the posts but haven’t been commenting regularly. Jason already responded; I will add my two cents.
I can see why this situation feels confusing and alarming, but based on how the law is structured, what you received does not appear to automatically cancel your green card/your lawful permanent resident status. It seems like the Special Immigrant Visa (SIV) was simply the path you used to become a lawful permanent resident (LPR). Once you were admitted to the United States as an LPR, your status is governed by the Immigration and Nationality Act—not by ongoing SIV approval. Under INA § 101(a)(20), a lawful permanent resident is someone “lawfully accorded the privilege of residing permanently in the United States,” and that status does not disappear because of a later administrative change to the underlying visa classification. More importantly, under INA § 240, the government generally cannot take away permanent resident status without placing you in formal removal (deportation) proceedings before an immigration judge. In other words, an email from the U.S. Department of State about withdrawing Chief of Mission approval does not, by itself, terminate your LPR status.
That said, the notice should not be ignored. What the government may be attempting to do is challenge the original basis for your SIV (potentially alleging ineligibility or error) which could later be used by the Department of Homeland Security to initiate removal proceedings. If that were to happen, the burden would generally be on the government to prove that your residency was improperly granted (for example, under INA § 212(a)(6)(C) for misrepresentation, if they make such a claim). For now, you are still considered an LPR unless and until an immigration judge says otherwise. Filing for asylum while you remain an LPR is unlikely to work, which explains why those cases were closed by U.S. Citizenship and Immigration Services. The most important next step is to have an experienced immigration attorney review the exact notice you received so you can decide whether and how to respond within the 120-day window.
I think this is right, and I should have noted it above – you are still an LPR unless that status is revoked by a judge. The letter does seem like the first step of an effort to revoke the green card, and so it makes sense to fight that effort and to have a lawyer. In terms of filing for asylum, there will not be a one-year bar issue as long as you have the GC, since being “in lawful status” is an exception to the rule, so you can wait to file asylum. However, if they place you into court, you could file for asylum at that time. Also, technically, a person can have a green card and still seek asylum (as they may need asylum for other purposes, such as the Refugee Travel Document or bringing immediate relatives to the US), but the asylum offices have been very aggressive about closing cases where they can, and we have seen them close cases where the person already has a GC (though until recently, they would at least send a letter giving the person the option to close the asylum case or keep the case going). In any event, I do think it would be wise to work on the political piece and to have a lawyer help you for the case itself. Take care, Jason
Thanks Jason,
I really appreciate you taking time and sharing your thoughts and perspectives with regards to my situation, it really did helps alot so thank you very much. Yeah I already started working on making an appeal before that 120 day expires. Depending on the outcome of the appeal I will also consider filing for asylum if it was needed. I also believe this is nothing but a strategy of this current US administration to intimidate immigrants so they panic and voluntarily abandon and leave the country.
Thanks
The Administration is certainly making an effort to intimidate non-citizens so that they leave the country. They are having some success, and the number of non-native born people in the U.S. is going down. Of course, this will ultimately be very harmful to our country (aside from obviously being harmful to the non-citizens directly affected), and maybe we will see the policy change as people start to feel the harmful effects. Take care, Jason
Hi Jamie,
Thanks for showing interest in my situation and sharing your perspectives, please know that I do really appreciate it, so thank you for that. You really clarified points that I had never thought of and didn’t even know. So thanks alot. I will reflect back on all these clarifications and work on my appeal and see how things progress. I think I shouldn’t let this get in to my head and cause any unnecessary stress to me and my family and should not be intimidated by what this current administration is trying to do with immigrants.
Hi Jason,
My asylum case has been approved after the partial pause was lifted (I am not from any of the banned countries). I know typically I should apply for the RTD but that is currently taking 14 months to process and expediting the same is getting hard. I need to travel ASAP to meet up my dad who is sick in a third country. Can I apply for an EAP? Thanks
Emergency Advance Parole is only for people who have a pending case; it is not for people whose case was approved, and so I think that will not work for you. Also, I do not know that it is any easier to expedite AP as compared to an RTD. You can apply for the RTD and try to expedite (I wrote about expediting in general on January 29, 2020). If you apply for your green card based on asylum, you could then apply for AP and try to expedite that (you can apply for your GC as soon as asylum is approved, though most lawyers recommending waiting for 6 months – I explain why in a post dated February 6, 2023). It may also be possible to file the application, leave the US to visit your father, and then once the travel document is approved, use that to return to the US. This is obviously a risk, and if you want to try it, talk to a lawyer first about the specifics of your case to see if it might be an option (I think most lawyers would recommend against doing this, but if you want to try, it may be possible). Take care, Jason
Thanks Jason for the response.
I am reading posts elsewhere indicating that if someone submits the green card application immediately after asylum approval instead of waiting for a year, USCIS will begin adjudicating it after the year lapses. Is that true? And if that’s the case, does it mean that even the AP will be adjudicated after one year? I forgot to mention that i don’t think that i need an RTD since i can travel with my country’s passport due to the nature of my asylum case. In fact I was approved for EAP 3 years ago and travelled to a third country and re-entered without an issue. Thanks
I think if you file the I-485 and you get the receipt, you can use that as a basis to request AP. I do not see why you would need to wait a year. Again, I have not done that for a client and I have always applied for the RTD in your situation. I don’t know that you would have better luck expediting an RTD or AP, and so I would think the RTD is the better choice. But you can try either way. My main concern about applying early for the green card is that it will be processed too quickly and denied. I have also heard that USCIS holds those applications until after the one-year (which would eliminate the concern about filing early), but I do not know whether that is true. Take care, Jason
Im from one of 40 countries citizens who are indefinately paused of any decisions. I have pending asylum and work permit. My ex partner introduced me to judaism and i converted. Based on current immigration development and being in limbo is it better instead of remaining in usa i apply for aliyah to israel ? I think its better than living here without any status. Is it possible from usa to apply aliyah as a 3rd country national ? Also israeli passport might not be as strong as usa but much stronger than my home country also gdp and economy too. In usa i have been for 7 years and no Asylum granted yet.
I do not know about that process, and also there are different authorities that do Jewish conversions. I do not know that all of them are recognized by the Israeli government for purposes of Aliyah. Maybe the Israeli embassy has more info about the requirements. Take care, Jason
I recently filed my I-140 petition under the EB-2 NIW category, and my priority date is current according to the latest visa bulletin. But I did not submit my adjustment of status application (Form I-485) concurrently with the I-140 filing.
At this point, I have not yet received the I-140 receipt notice from USCIS, although I do have delivery confirmation showing that the petition was received. It is expected that I would receive this notice in 3 or 4 weeks; but then my TPS ends in May 4, so I want to do adjustment of status before my TPS lapses on May 4. Is there a way that I can apply for adjustment of status before May 4, and without receiving the official USCIS receipt notice? I doubt that I would receive the notice receipt before May 4, and I doubt that I would be eligible to apply for adjustment of status after I receive the receipt notice post-May 4.
My question is: would it be acceptable to proceed with filing the I-485 now and include a cover letter explaining that the I-140 has already been filed and is pending, even though I do not yet have the official receipt notice? Or is there another workaround in this situation?
I have never done that and I don’t know how it would work. It may be possible, but I have just not seen that. Assuming you are otherwise eligible, it would be important to file the I-485 before TPS ends. Otherwise, you would probably need to consular process unless you had some other lawful status in the US. Maybe your best bet is to prepare the I-485 packet so it is ready to mail as soon as you receive the receipt. You still have some time to get the receipt, and it usually arrives after a few weeks, so hopefully you get that and can include it with the I-485. If not, one option would be to send another I-140 (including evidence and fee) with your I-485, assuming that I-140 would also be current. I would talk to a lawyer before doing any of this, but I do think the most likely scenario is that you get the I-140 receipt soon and so you should have the I-485 ready to mail if that happens. Take care, Jason
Thank you so much for what you do. I am on my husband case. We waited 11 years for an interview. We had our interview on October 2025, and a week later i received a letter asking me to send my current and expired passports. I send them by mail and got confirmation they were received. My question is would they still ask for my passports if they are going to deny our case anyway? Is it a good sign? We are from the 39 countries and still waiting for our decision.
I do not know if this tells you anything about the decision. It is standard for the asylum office to make a copy of your passport, and so that may be why they needed it. For now, there are still no decisions being issued for people from banned countries, and we do not know when that hold will end (though the hold did recently end for people from non-banned countries). Take care, Jason
Hi Jason,
Do you hear anything about refugees getting their green cards from banned countries like Afghanistan? Is pause for refugees have been lifted or not? And if not do you have any idea or heard something about lifting the pause from USCIS or someone inside especially for i-485? Thanks jason again for help.
Supposedly, the US government will re-interview all refugees who came to the US during the Biden Administration, and I think that includes Afghans. I wrote about that on January 28, 2026. It is unclear exactly how this will happen or whether it will happen. There is also a pause on all immigration people from “banned” countries, including Afghanistan. We do not know when that will be ended. Hopefully, that will be soon, but given how things are going, we do not know and it might take some time. Take care, Jason
Hi Jason! What if someone no longer afraid to return to their country? Are they for forbidden to return forever because asylum is granted? Or is there a process to do it? Sometimes country conditions change or the persecutor is no longer in power and the asylee no longer fear to return, what they should and at what point of their immigration journey are they allowed to do it? Btw, I’m not talking only about going on vacation I al talking going back live in their country.
If you become a US citizen, you should be able to return without issues, though you should still be able to explain why you returned and how you stayed safe and that country conditions changed. I doubt you would be asked, but these days, the government wants to take away people’s citizenship and so it is good to be able to explain if asked. You can also return with a green card, though there are rules for maintaining a GC if you live outside the US (basically, if you stay out too long, you can lose your status). Also, you would need to be able to explain why you returned and how you stayed safe, since you could lose the GC if the US government concludes that your asylum case was fake. If you return to your country when you have asylum status, you can lose your status for re-availing yourself of the protection of your home country (meaning, you put yourself under the control of your home country). If you plan to return and also want to try to keep your status in the US, talk to a lawyer before you go to figure out how best to do that. Take care, Jason
Hi Jason,
I am a permanent resident (Green Card holder) through a derivative asylum claim. My husband was the primary applicant, and we are originally from Bangladesh. I have not returned to Bangladesh in 11 years. I am seeking information on whether traveling back to my home country at this time would jeopardize my status or cause issues upon reentry to the United States. Additionally, are there any known restrictions or risks for asylees traveling to third countries?
Thank you!
Linda
The list of banned countries is here: https://www.cfr.org/articles/guide-countries-trumps-travel-ban-list, and Bangladesh is not included. It has never really been an issue for derivatives to travel to the home country. However, if your husband’s case indicated that you would also be in danger, that could potentially create issues. Otherwise, I think you should be ok to travel. When you return, if they ask about your prior asylum case (which is unlikely, but not impossible), you can explain that you were the derivative and did not have a fear of return, and it was your husband’s case and he did not return, as he is still afraid (assuming that is accurate). Take care, Jason
Thank you, Jason.
Hello Jason
I applied for Form I-730 (Refugee/Asylee Relative Petition) in August 2025 and received a receipt notice in September 2025. Yesterday, in April 2026, I received another notice that looks very similar to the original one, but with a new notice date with similar received date.
The receipt number, A-number, appears to be the same, and there is no request for additional evidence or any clear update mentioned.
Could you please clarify:
* What does this second notice mean?
* Is this a normal part of processing or something I should be concerned about?
* Does it indicate any progress or delay in my case?
Thank you for your guidance.
I do not know if it is something to be concerned about, but I am not sure why you would get a second receipt. Sometimes, they notify people if they think you are processing the I-730 overseas, but normally that is by email from the National Visa Center. It sounds like probably nothing, but it may be worth showing it to a lawyer just to be certain. Take care, Jason
Hi Jason,
I have applied for asylum and already done my interview at USCIS office. Now, I’m waiting for the decision and the EAD clock to reach 180 days. I was a invited to a friend’s wedding in Seattle at the end of May. I was wondering if you think it is safe travel with current reports of ICE agents at airports. Right now, since I don’t have an EAD card, my IDs are my (unexpired) home country passport and USCIS receipt notice for I-589. Do you think it is safe to travel via air at this time? I don’t have any criminal history and came in legally.
Thanks in advance for your response.
I think there is some risk. I have not heard about any affirmative asylum seekers getting into trouble while traveling, but I have heard about some people getting reported to ICE at the airport. The asylum seekers I know who traveled all had work permits and state IDs, and so without the passport and (presumably) an expired visa, plus your asylum receipt, I am not sure whether you would have issues. While I would guess that your risk is small if you have those documents, it is not zero, and unless this is a very important trip, it may not be worth the risk, but that is really something for you to decide. Take care, Jason
I received a call from USCIS and a note to my USCIS account saying that my interview is cancelled and it is being rescheduled.
The note in the USCIS website: “We are rescheduling your interview. You did not ask us to reschedule, so this action is not considered an applicant-caused delay for the purposes of eligibility for employment.”
The voice message they left to my phone: “I’m calling about an upcoming asylum interview that you have scheduled. I’m calling to let you know that your interview has been canceled because of the government shutdown. The cancellation will not have any impact on your case. It goes down as our fault, not your fault. And we will reschedule you in the future. But please do not report to our location as there will be no one there to conduct your interview. Thank you so much, bye-bye.”
Based on your experience, do you think they are going to reschedule this crazily fast as they have done in the first time? In the first time, they scheduled me for an interview few weeks after I have filed my application.
In the past, a reschedule would usually only take a month or two, but these days, you never know. I am not sure why they would refer to a government shut down, as it is a partial shut down and I have not heard about it affecting asylum cases, but I guess it is. Take care, Jason
Yeah, when I called the Chicago Asylum Office, they also said that all interviews have been cancelled, due to “government shutdown.” And that is what they relayed to me through written communication and voicemails. When I told them to which date the interview would be rescheduled, their answer was unequivocal: “We don’t know.” Neither they nor lawyers know what is going on. Nor how to predict the state of affairs of the immigration land. Under such conditions, I guess it behooves asylees to accept the “we don’t know” as a necessary condition of their existence.
Sadly, that is exactly correct. You can try to expedite your case or do a mandamus lawsuit if things take too long. I wrote about expediting on March 23, 2022. Take care, Jason
Hi Jason,
I am an Iranian asylum seeker with pending application. Is it too risky, too stupid or too optimistic to file for an AP now so I can visit my family in a third country?
Thought process is to use mothers illness and the war as the humanitarian reasons and maybe get the emergency approval.
1) chances the emergency AP gets approved for me as Iranian?
2) chances I am not let back in if I use it because I’m Iranian?
I need to see my family.
One issue is that people from banned countries are blocked from most benefits, and so I am not sure whether USCIS would issue Advance Parole to someone from Iran. The above article discusses how some holds have been ended, but USCIS has not been clear about what applications are going forward and which ones are still on hold, and I have not otherwise heard that the hold has been lifted for AP. If you don’t mind risking losing the filing fee, you can file for AP and try to expedite and see what happens. If you do get the travel document, I have not heard about examples of Iranians with valid AP being blocked from entering the U.S., but I have not looked into that question either, and I think it would be wise to research it more before traveling.Also, while I think you would probably get into the U.S. if you had a valid AP document, I would be concerned that you might be detained upon entry and forced to do your case in Immigration Court. I have not heard about that happening, but again, I have not looked into this and I also do not think many Iranians are traveling to the U.S. these days, and so we are not hearing news about what happens to those who try to come here. Take care, Jason
Hi Jason,
Thank you for sharing this.
I still did not fully understand. Will they issue new EAD cards for people from Afghanistan? I am still using my renewal receipt which will ends around March 2027. If we lose our job, we have families and this is very hard.
It is not clear. The memo states that “certain” EADs are moving forward, but it does not say what those EADs are. We will have to wait to see what happens or maybe USCIS will make another announcement that provides more clarity (though that is not likely). Take care, Jason
Hi, Jason
I hope you’re doing well. I wanted to ask about the next step after my asylum was granted at the individual hearing. Will my I-94 be automatically generated and sent to me, or is there anything I need to do to obtain it?
Thank you so much for your help!
You should automatically receive an I-94 and a new EAD (based on asylum granted, category a-5) within 45 days. Unfortunately, that often does not happen. If you do not receive these, you can call USCIS at 800-375-5283 and request an Info Pass appointment, which should then get you an I-94 and EAD. You can learn more about this process if you Google “post order instructions in immigration court.” Note that if calling does not work, you can just apply for an a-5 EAD using form I-765, available at http://www.uscis.gov. The first asylum-based EAD is free (and also, an asylee is allowed to work lawfully even without an EAD: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/73-refugees-and-asylees). Take care, Jason
I am from banned country, applied for asylum based GC. I have been around for more than ten years. Everything is on pause for us from high risk countries.I don’t understand how pausing an EAD, RTD,GC or citizenship applications from someone who is physically in united state is to protect Americans. A criminal doesn’t need any status or benefit to commit a crime. It’s frustrating to see other people from non ban countries being given GC and the so called high risk banned from the society. For some of us the life almost stop ,at least slow down. The life is very difficult in itself, let alone when you don’t have working permit. I can’t imagine it’s going to be like this up until this administration is gone in 2029
I agree with you (and I wrote about the nonsensical nature of blocking people in the U.S. from EADs and other immigration benefits on December 3, 2025). The new announcement discussed above indicates that USCIS will be issuing some EADs, but it does not explain more about this. As far as I know, the only EADs that are on hold are those for people from banned countries, and so hopefully, this means that USCIS will start issuing EADs for those people. Since USCIS has not told us, we will have to wait to see what happens, and if I hear any news, I will try to report it here. Take care, Jason
Hi Jason, I have emailed you a number of times and consulted with you for one hour consultation about my case.
I am writing to invite your legal opinion on my current situation, as the deadline for the TPS of Yemen is fast approaching in May 4—in less than a month.
To refresh your memory of my case, I am a national of a country subject to a full travel ban (Yemen). I have a pending affirmative asylum application, and my asylum interview is scheduled for next week. In parallel, an EB-2 National Interest Waiver (NIW) petition (Form I-140) was filed on my behalf today. My country is currently “current” under the Visa Bulletin, so that makes me eligible to file for adjustment of status (Form I-485) based on the EB-2 NIW petition.
Separately, I have received law school admission offers and would be eligible to obtain F-1 student status via issuance of a Form I-20. But we previously discussed that pursuing nonimmigrant F-1 status may be inconsistent with, and antithetical to, the immigrant intent underlying both the EB-2 NIW petition and especially my pending asylum application. I understand that you think the F-1 won’t affect the asylum application, although the F-1 might be denied. But given these circumstances, I would appreciate your views on the following:
(1) From a legal and strategic standpoint, would it be preferable to pursue adjustment of status based on the EB-2 NIW petition (Form I-485) rather than seeking a change of status to F-1 (Form I-539)?
(2) With respect to lawful presence and authorized stay, is the benefit conferred by a pending adjustment of status application (i.e., period of authorized stay while Form I-485 is pending) similar if I pursued it based either on the EB-2 NIW (Form I-485) or the F-1 (Form I-539)?
(3) Are there any risks, inconsistencies, or adverse implications in pursuing one pathway over the other in light of my pending asylum application?
I want to proceed in the most legally-right and strategically-smart manner. Thanks for weighing into the matter.
1 – I think adjustment would be better, assuming you are eligible, as that gives a permanent status. I do not think anything stops you from also trying to change to F-1 status at the same time, though that could be denied (or not) due to your expressed immigration intent. 2 – In either case, if you are in status and you file an I-485 or an I-539, you can remain in the U.S. until the claim is decided and you do not accrue unlawful presence (though if USCIS finds your application frivolous, maybe you would be considered unlawfully present while the application was pending – I am not sure about that). 3 – It seems to me that the EB-2 is the better option, assuming you are eligible, as that gives you permanent status and also, you do not need to worry about a denial due to immigration intent, which is a possibility with the F-1. I do think you would want to hire a lawyer for either of these paths, as you want to present the case as strongly as possible and there are numerous complicating factors to think through. Take care, Jason
Quick question: I departed the United States on a Temporary Protected Status (TPS)-based travel authorization and was subsequently admitted back into the United States on October 10, 2025, using the same TPS travel document. I am now seeking to adjust status based on an pending EB-2 National Interest Waiver (Form I-140). Under these circumstances, does my TPS-authorized travel and subsequent return constitute a lawful admission and valid entry for purposes of satisfying the requirement and render me eligible to file Form I-485?
If you traveled using Advanced Parole and then re-entered the U.S., that should constitute a lawful entry for purposes of adjusting status. There are other factors to consider when determining eligibility to adjust status, and so it is a good idea to review the case with a lawyer to make sure there are no issues, but at least in terms of the entry into the country, it sounds like you should be ok. Take care, Jason
Hi Jason, processing time for i-485 based on approved asylum a year ago jumped dramatically over last few months from under 16 months of processing to 22.5 months on USCIS processing time webpage, and looking closely at monthly data, the DC area USCIS office located on Prosperity Ave is averaging about 1 asylee green card approval every 3 days as of 2nd or 3rd quarter of last year which means they need around 15 years at this pace just to clear current backlog without receiving new cases. This renders mandamus lawsuits ineffective as you cannot file it until sometime has passed past the crazy long 22.5 months average processing time which at this pace could reach 36 months very quickly. How can people challenge this ridiculous posted average processing time and is there any recourse rather than “Hey my case is taking longer than your ridiculous posted average processing time, please mandamus me out of this long wait” ?
I think people can file mandamus cases and they would not necessarily have to wait for the case to be passed the “normal” processing time. However, apparently DHS has a policy to file a motion to dismiss in all I-485 mandamus cases, and so the likelihood of success may not be great. You can talk to a lawyer who does such cases about that (I do not do mandamus cases, but other lawyers at my firm do such cases). You might also try reaching out to your Congress person to help expedite the I-485. Sometimes that can help. You can find contact info for your Congress person if you follow the link under Resources called House of Representatives or Senate. Take care, Jason