A new report from the Cato Institute found that USCIS under the Trump Administration has slashed overall Green Card processing by about 50%. Certain categories of Green Card applicants–including asylees and refugees–have been hit much harder.
The reason for the slowdown is not entirely clear, as USCIS has been reticent to share much information about its operations. Today, we’ll talk about what we do know and how asylees and other Green Card applicants are being affected.
Let’s start by reviewing some recent changes at USCIS that may help explain the reduction in Green Card processing.
The first issue is attrition. Since the new Administration took office, many USCIS staffers have left the Agency–voluntarily or involuntarily. According to the Cato Institute, “total employment [fell] about 10 percent in 2025.” An investigative piece in the New Yorker found that USCIS “is at the center of two simultaneous ideological obsessions raging inside the Administration: restricting immigration in all forms and demoralizing the federal workforce…. career civil servants were threatened if they raised legal or substantive objections to the Administration’s most aggressive policies.” So one reason for the slowdown may be staffing shortages.
Another reason is shifting priorities. According to Cato, starting “in September 2025, USCIS shifted resources into a new enforcement wing of the agency,” which is focused on detecting fraud. Not only does this effort take away resources from the benefits wing of the Agency, it also increases processing times, as each case is subject to more thorough (and time consuming) review. Added to this, we’ve recently been hearing rumors that USCIS is now pausing cases while they re-fingerprint people with pending applications.
A third reason for the slowdown in Green Card processing is the Agency’s decision to block or restrict non-citizens from certain countries. According to Cato, in “November 2025, USCIS announced it would start using ‘country-specific’ factors to weigh against approving applicants from certain countries,” and in December 2025, “USCIS suspended all green card processing for 19 countries and extended it to 40 countries in January 2026.”
As one former senior USCIS official told the New Yorker, by turning USCIS into an enforcement arm, the Trump Administration has made it “seem like the reason we have an immigration system is to keep people out.”
All these changes have caused a drastic reduction in Green Card processing for people who have received asylum. At the end of the Biden Administration, USCIS was issuing about 9,000 Green Cards per month to asylees. In January 2026 (the most recent month where data is available), USCIS issued only 331 Green Cards to asylees. That is more than a 95% drop in processing!
Green Card applications for refugees were also dramatically reduced. According to Cato, in December 2025, “USCIS stopped virtually all approvals on refugee green cards, and in early January 2026, it announced Operation PARRIS, which it claimed would focus on reinterviewing 5,600 refugees in Minnesota who had not yet received lawful permanent residence.” That effort was temporarily halted by a federal court, but not before “ICE arrested approximately 150 refugees.” Although the arrests seem to have ended (for now), “suspension of green card issuances appears to have continued.” Indeed, during the last few months of the Biden Administration, USCIS issued Green Cards to about 6,000 refugees per month. In January 2026, USCIS issued Green Cards to only 39 refugees. For those who prefer their bad news in percentages, this represents more than a 99% reduction in Green Card processing for refugees.
While the number of Green Cards processed for asylees and refugees has fallen through the entire Trump Presidency, the overall number of Green Cards processed remained relatively stable through most of 2025. In fact, Green Card processing for family-based and employment-based immigration actually increased through mid-2025. But between November 2025 and January 2026, overall numbers have dropped off, including for people seeking a Green Card based on a family relationship or employment. As much of the downturn is a relatively new phenomenon and since we do not have data for the months after January 2026, it is possible that things have improved in the last couple months. From my perspective, it is difficult to tell, though I have recently attended a few Green Card interviews for my asylee clients, so maybe that is a positive sign.
What can asylee and other Green Card applicants do under these circumstances? You can try to expedite a case if you have a reason (usually a health problem or a severe financial issue). For those with long-delayed cases (at least a couple years, though the time frame varies depending on where your case is located), you might consider a mandamus lawsuit. This is where you sue USCIS and ask a federal judge to order the Agency to do its job.
For people considering applying for a Green Card, at least in my opinion, it makes sense to apply when you are eligible, despite the uncertainty. If you delay filing for your Green Card, you will only add to the overall delay. As I see it, you might as well get the process started and hope that processing times will improve.
Unfortunately, between loss of staff, shifting priorities, and the witch-hunt for fraud, USCIS has lengthened processing times and is once again causing needless harm to vulnerable people. We can only hope that the slowdown is temporary, and that the Agency will one day return to its core mission: To uphold “America’s promise as a nation of welcome and possibility with fairness, integrity, and respect for all we serve.”
Hi Dear Jason,
First of All thank you for all the good work you do and guidance throughout.I wanted to discuss a very critical issue and need your advice and guidance.
I got a very good job offer in Anchorage Alaska and I need to relocate from Texas. I applied for Asylum based i-485 in June 2025 and my service center is NBC Service Center. Now if i relocate, i have to change address. I wanted to ask if my relocation will affect my green card application and the processing time.
Please advise me if this will positively or negatively affect my green card application. Thank you!
To make sure I understand, it sounds like you were granted asylum and you applied for your green card (I-485), and that is pending? If so, I am not sure whether it is possible to say whether relocating will make your case faster or slower. I do not know whether cases are generally processed faster or slower in Texas or Alaska, though speaking very generally, it seems like smaller offices often go faster (meaning, if I had to guess, I would guess that Alaska is faster, though I do not know for sure). In my experience, I do not think that moving a case makes the case go slower. I suppose you could ask lawyers or applicants in both states about their time frames, but this is probably difficult and may not help much. I normally tell clients that if they want to move, they should move, as it is usually impossible to know whether the move will make any difference to the processing time. Take care, Jason
Since I already applied for i485 while living in Texas and my file is at NBC Service Center, now if I move to Alaska, I wonder if my file move to Alaska field office? I did some research and learned that the physical file transfer takes about 5-6 months. And the file move when the USCIS requires the applicant for green card interview. Please share some knowledge about this and the best advice. Thanks
Maybe it is possible that the move would cause some delay, but I am not sure. I also do not know if the Alaska office might be a faster office in general, and so even if there is delay caused by the move, you might gain some time because that office is generally faster than the Texas office. Because the effect of the move is unknown, my feeling is that people should move if they want to move, as they need to get on with their lives. However, that is just my personal opinion and if you think the move will cause delay, you can wait until the GC process is done before moving. It would just seem a shame to lose a job opportunity for that reason. Take care, Jason
Applied for Asylum back in 2016, had an interview in September 2024. No decision yet. I’m not from one of the banned countries.Two months ago, I got pulled over (FOR FACTORY TINTED WINDOWS) and ended up in ICE detention center. Got out on bond one month later. No monitor, no ICE check ins. Master hearing scheduled for November 2026. My uscis case status still shows “decision pending”. Will they reach a decision eventually (regardless of the outcome), or everything is under court’s jurisdiction now? Thank you
The one hand may not know what the other hand is doing, but once a case goes to court, the asylum office loses jurisdiction, and so the case should now be decided by the court. I suppose it is possible that USCIS will issue a decision before they realize you are in court, but I am not sure. You should talk to a lawyer about the court case, but maybe it would be worth discussing whether a motion to dismiss the court case is worthwhile. I doubt it would work, but you never know and it might be worth a conversation. Also, it would be a good idea to file a Freedom of Information Act request with USCIS to see if a decision might have been made by USCIS but not issued (you can do that by following the link under Resources called FOIA USCIS). That would not necessarily help the court case, but it would be worth seeing what USCIS has in your file. Take care, Jason
I just wanted to ask you that if a case has been withdrawn and we are out of the country, is there a way we can recall to be able to come back into the country and also be able to apply for advance per all from the country that we are in? Is there any possibility or anyway to get back? It was a death in the family and we had to leave just with the passports without advanced parole.
This with regards to asylum case that been pending we left the country and withdrew the case but honestly we think we are very depressed and scared.
Anything you can advice us on?
We have a us citizen child as well.
Thank you
Unfortunately, I do not see any way back based on the prior asylum case or Advance Parole (AP is only available if you have a pending case; there is humanitarian parole, which is a way to come to the US for humanitarian reasons such as medical treatment; it was rarely approved prior to Trump and I do not know if any such cases are being approved these days). I think you would have to apply for a new visa to come here, which may be difficult to get, depending on the type of visa. For example, a B visa or F visa requires that you promise to leave at the end of your visit. With a prior asylum filing, the consulate may think that you plan to overstay your new visa and so they are less likely to issue a visa (and of course, if you are from a “banned” country, that makes things even worse). You may have better luck if you can get a visa such as an H1b or an L, which are temporary visas, but they do not care whether you have an intent to remain in the U.S. permanently. Take care, Jason
Good afternoon Jason,
Hope you are well. I have a question about ssi and pending gc application. I have been receiving SSI since 2024(when i was granted asylum). I received in mail from SSI dept that if i have a gc application submitted and waiting on the approval i should apply for expedited approval. I applied for gc last year still waiting on it. What does that mean? Do you know anything about it?
I am not sure what that means and I have not heard about such letters for GC applicants. There is a public charge rule that affects some GC applicants, and if they get government benefits, it can be a problem, but that rule does not apply to people with asylum, so you should not be affected. Take care, Jason
Hello Jason,
I did my asylum interview almost two months ago. I want to submit a FOIA request to see if I can get the interview questions and answers, plus any other notes related to my interview. Do you know if USCIS processes FOIA requests these days? Thank you.
They are redacted more and more information from the FOIA responses, but they are still being processed. You might as well try and see what you get. Take care, Jason
I always wonder this. Because…
In order to prove well founded fear, they must prove 1 in 10 chance of harm…
But, say for example, there are 1 million LGBT people in Uganda.
A 10% chance is 100K LGBT persecuted. I can hardly imagine any asylum seeker can obtain the evidence that 100K lgbt in Uganda are persecuted…In the absence of such evidence, how then can they prove they have a 1 in 10 chance of being harmed ?
You submit evidence that gay people are persecuted in Uganda. That is how you prove well-founded fear. And there is plenty of evidence on that point for Uganda. Take care, Jason
Have you noticed that adjudicators are increasingly requiring more harm to establish persecution ?
Not only more harm but also more overt and prominent…
Those non-prominent harm (harm accumulated over the time, where individual harm alone is not enough to establish persecution)…will adjudicators just dismiss as “not harmed enough to qualify for persecution” ?
I have not really seen that change, but certainly, different decision-makers seem to have different standards when it comes to defining persecution. Take care, Jason
Hi Jason. Thanks for the help that you have always provided to us all these years. I have been reading your blog since 2017.
My asylum was approved last month and I need to travel to a third country to meet with my sick dad and have him attend medical checkups. I know if i apply for an RTD it will take between 14 to 16 months and that’s too long. He needs help. Expediting an RTD is becoming very hard for many asylees these days.
I am a derivative in a PSG case and the harm was on the principal. But still i can not visit my home country. In 2024 I was approved of an EAP and traveled with my country’s passport to a third country and met my dad and took him for medical care and i re-entered without issues..
Can i submit my 485 after 3 months of approval and apply for an AP and try to expedite it? Or use the pending 485 and apply for another EAP and travel with my country’s passport? Do i have to travel with an RTD as an asylee? Thanks.
I have not tried AP for my asylee clients and I have always recommended the RTD. But you are right that these forms are taking a long time (and they are on an indefinite hold for people from “banned” countries). I do think it is worthwhile to apply for the RTD and try to expedite it, as I do not think that it is more difficult to expedite than AP (though I am not sure about this). You can also file the I-485 and apply for AP and try to expedite that. I see no reason why you can’t have two applications pending. I would not normally recommend applying for the green card after only 3 months (as I explain here: https://asylumist.com/2023/02/08/confusing-new-rule-seems-to-allow-asylees-to-get-their-green-cards-more-quickly/), but it will probably be ok to apply now, and that will allow you to apply for AP. Given that you were a dependent on the case, traveling with your passport should not be an issue, and so if you can get AP, you should be able to safely travel and return. Take care, Jason
Hi Jason,
I hope you are doing well. Thank you for answering our questions on this site. I live in Seattle, and my lawyer recently filed a lawsuit due to the delay in my asylum-based green card application. It has been about a month, and I haven’t heard anything yet. We were under the impression that a decision should be made within two months. Is it normal for it to take this long after filing a lawsuit
My understanding is that the government is opposing all mandamus cases for I-485 forms, and if that happens, the case will probably take longer. It may be that the government has a time frame to respond to the lawsuit and as long as they still have time to respond, the court will not take any action. You should know soon, though, as these cases tend to move along. Take care, Jason
Thank you I really appreciate it
Hey Jason, last July my asylum case was referred to immigration court, and my hearing was scheduled for January 2027. I was trying to pay the annual fee, but I keep getting a message saying, “At this time, the annual asylum fee payment is not due for this case.” I thought everyone had to pay it, so I’m confused.
If you are in court, the court should send you a notice when the fee is due. However, you may be able to pay even without the notice here: https://epay.eoir.justice.gov/ (this is a different payment portal from when the case was at the asylum office). If you can’t pay now, take a screen shot of the message that the fee is not due, so you have that in case you need it, and you can try again if you get a notice from the court or if you are closer to the court date. Take care, Jason
Hi Jason, given the new uscis rules of needing the lawyer to attend in person, does your office take clients with cases in other cities like Chicago? Thank you
We take cases for all parts of the country. The only difference is that if we need to travel, the client would need to cover the travel costs, such as airfare and hotel. Take care, Jason
So a U.S. college and university is giving me a hiccup regarding my immigration status. I am trying to obtain in-state tuition, and they are requesting further documentation. Right now, their system classifies me as a “temporary alien” whose country is listed as the United States.
I have three immigration matters pending:
1. Pending asylum case, waiting for interview
2. Pending adjustment of status based on EB-2 NIW, waiting for final determination
3. Pending TPS case, waiting for final adjudication
My goal is to obtain in-state tuition from a U.S. college/university, so how should I present my case to them?
They instructed me: “You are required to complete your citizenship verification immediately in order to enroll or to remain eligible for financial aid.” They also stated: “State law requires that the university collect verification that you are in the country lawfully.”
And they require proof of eligible non-citizen status: “Please present original documentation of your eligible non-citizen status to the Financial Aid Office to confirm eligibility. Documentation may include: Permanent Resident Card; Form I-551, I-94, or I-94A.”
How should I navigate this, and what documents should I provide them?
This is not something I know a lot about, but as far as I know, you cannot get in-state tuition. At least, my clients who tried to get in-state tuition could not get that until they had won their asylum case or got some other permanent status in the U.S. The rules may vary by state (or even by school), and so it is worth seeing if the school can help you. Most universities have an international student office or some other office that helps non-citizen students, and the people there should have an idea about this. Take care, Jason
I understand, but legally speaking, can I make the argument that I am a resident of the state based on having a pending asylum application (Form I-589) and a pending adjustment of status application (Form I-485)? I have the notice receipts for both. I understand that you said, “It depends,” and the school I attend has somewhat ambiguous rules, so nothing is currently very clear. If I were to make a strong legal argument that my pending asylum case and pending adjustment of status based on an EB-2 NIW (National Interest Waiver) petition support state residency, then it seems possible that the school could accept that argument.
From the perspective of the legal system, how is my status viewed while I have a pending asylum application and pending adjustment of status? I am on a lawful path toward obtaining permanent residency (a green card), and I have been lawfully present in the United States for the past 10 years. The school asked whether I am lawfully present in the country, and I answered yes. But they also asked me to provide an affidavit in support of my in-state residency classification.
The offices on campus often refer me to immigration attorneys for these types of questions, which is why I am asking you.
I do not know the answer. However, for my clients seeking in state tuition, as far as I know, they were only able to get that once they won asylum or got some other permanent status. A pending application is not a status – it is an application for status. You are allowed to be in the U.S. while your asylum application is processed. However, the application does not give you a status. I think your question relates more to the law/rules about who gets in-state tuition than to a question about immigration law. You need a lawyer who can research the state rules about who is considered “in state” for purposes of tuition. In general, I do not think that is something immigration lawyers are familiar with, though maybe you can find some who have looked into that question in your state and know about it (or who can research it for you). Take care, Jason
Typically they don’t offer much help and support for non-F/J students…
This is an example. And I hope this gap created by the wrong assumption that somehow schools international office can help can be rectified…and asylum advocates can take up the role to offer support.
It’s okay they don’t know the answers to those questions now
But going forward, I wish asylum advocates can do more study about this instate tuition topic and then can offer support for asylum seekers pursuing study…
I mean I also want to know the answers to this question.
But I don’t know there is a branch of a lawyer type that specifically navigate in state tuition for noncitizens.
Most likely, whatever lawyers asylee is goinggo reach out will refer him to an immigration or immigration-adjacent lawyer…so then he will encounter a referral-loop and get stuck in this issue.
In my opinion, the immigration lawyers are the closet branch to be able to navigate this topic because the immigration part is a significant and overarching element of the legal issue here. So I cannot think any other type of lawyer will address this better than an immigration lawyer…
This is just my thought but I feel I am being very reasonable and grounded on experience.
The language they used is this: “Please present original documentation of your eligible non-citizen status to the Financial Aid Office to confirm eligibility. Documentation may include: Permanent Resident Card; Form I-551, I-94, or I-94A.” Why do you think they are requiring I-94, or I-94A? And what is the difference between I-94 and I-94A? And does I-94 or I-94A will establish eligible non-citizen status, given what I mentioned above?
Which state is this institution located at ?
If it’s like in. Georgia or Florida or Texas Id say save your time and money. No need to pick this fight you are very likely to lose. You can defer your study to future. Or try to attend a school thats more friendly
The problem is, I do not know what “eligibility” means here. The meaning will not be a question of immigration law. It is a question of how the state (or university) defines the term. The I-551 is a green card and the I-94 is the entry document. I do not know what an I-94A is. I think you need to find out what “eligibility” means and who is included in that definition. I would guess that the school itself can assist with that. Take care, Jason
Will this virus give the administration a reason to close the border again and not credible fear interview and have people stay in Mexico indefinitely ?
My understanding is that there is zero credible interview conducted at the border right now. If you try to enter, you will removed immediately or put in detention center for months and deported.
Am I wrong? Jason might correct me
I don’t know for sure, but either there are none or very few interviews at the border. However, there is a case in the DC Circuit that basically says it is illegal for the Administration to end asylum at the border. Maybe the new hantavirus threat will be an excuse to keep the border closed despite that case. Take care, Jason
Hi Jason,
I would like to hear your Opinion about the “Dignity Act” or any sort off “Amnesty” that here and there i see it in the Media but so far not a loud “Noise” .
thank you
Hi Jason,
I am hoping you might have some insight into a confusing situation I am facing at my local Asylum Office. I filed my affirmative asylum case back in November 2017.
I successfully completed my asylum interview in March 2026. However, in May 2026, USCIS issued me a brand new interview notice for June 2026.
I have a few specific questions:
1. Why might they call me back for another interview? Is this a “real” interview notice, considering it looks exactly like the generic template from my initial interview notice?
2. Could this second interview notice be related to the new USCIS policy regarding enhanced FBI fingerprint and background checks that was implemented on April 27, 2026? Since my initial interview was in March, is it likely my case got caught in the adjudication freeze and they need me to come back in to clear the new vetting requirements?
3. should I contact the local Asylum Office directly to ask for further clarity about my case before the upcoming interview?
Thank you so much for your time and any guidance you can provide!
1 – It is not uncommon to have a second interview. Maybe the officer forgot to ask something or they discovered new information and have questions. I wrote about second interviews here: https://asylumist.com/2022/06/22/second-interviews-at-the-asylum-office/. 2 – I don’t know, but maybe they have more security-related questions. 3 – There is probably no point. I think you just need to prepare for the interview and attend, I doubt you will get any info from them until you actually arrive at the interview. Take care, Jason
I have not looked at it, and I don’t see a likelihood of any positive immigration reform coming anytime soon. You never know, and I keep hoping the Administration will declare victory and make some positive changes, but I am not feeling optimistic at this point. Especially with an election coming up, many Republican voters will be upset with any type of amnesty and so I do not know that it could happen politically until after the election. Hopefully, I am wrong. Take care, Jason
Hi Jason, recently the border czar in his interview said that they’ll be detaining everyone who is illegal in the country regardless of the criminal history, based on your experience, do they still consider asylum seekers illegal? What are the chances of an affirmative asylum seeker without criminal record, who entered with B2 being detained (no other legal status)?
I think asylum seekers with lawful admission and applied before their period of authorized stay is not considered illegal.
I think that is correct, but others would likely not be considered “illegal” either. Part of the problem is that the term “illegal aliens” is not part of the immigration law and so there is not really a definition of what it means to be here illegally. Take care, Jason
I did not hear his statement, but they have already said that anyone who entered without a visa is subject to mandatory detention. This is causing a lot of hardship and pain to people, but it has also created legal fights where the courts are mostly saying that the Administration does not have the power to detain everyone this way. We will have to see how things go, but at this point, as far as I know, the only potential targets are people who arrived at the border without a visa. Take care, Jason
Hello Sir Jason, Thanks for all you for all you do for the immigrant community. My asylum case has been pending with USCIS for 5 years now. A few weeks ago someone hit my car from the back and escaped. Thank God I have a dash cam and showed the footages to the police. He has been arrested and charged with a Felony. My back and neck hurt from the Accident.
1. Do you think I can file for a U-Visa?
2. If yes, what will happen to my Asylum application?
3. How long does USCIS take to interview for U-Visas?
4. If my U-Visa is approved what will happen to dependants on my Asylum case?
Thanks so much again for your kindness.
The U visa is available to victims of specific qualifying crimes who have suffered substantial physical or mental abuse, possess information about the crime, and are helpful to law enforcement in the investigation or prosecution. Applicants must have been victims of a crime that occurred in the U.S. or violated U.S. law.
Victim of Qualifying Crime: You must have been a victim of a qualifying criminal activity, such as domestic violence, sexual assault, trafficking, felonious assault, kidnapping, or murder.
Substantial Abuse: You must have suffered significant physical or mental abuse as a result of the crime.
Helpfulness: You must have provided, are providing, or are likely to be helpful to law enforcement or prosecutors in investigating or prosecuting the crime.
Law Enforcement Certification: You must obtain a signed USCIS Form I-918, Supplement B, Certification of Helpfulness, from a law enforcement agency.
Admissibility: You must be admissible to the United States, or eligible for a waiver if you are not.
Location: The crime must have occurred in the United States or violated U.S.
1 – I do not think so. You can see the list of “qualifying crimes” here: http://www.uscis.gov/humanitarian/victims-of-criminal-activity-u-nonimmigrant-status, but I do not think this crime is on the list. Maybe “felonious assault,” but that seems unlikely. You can ask the police about that and see what they think and whether they might be willing to assist with a U visa, but this seems like a long shot. 2 – U visas take a long time, so you would keep the asylum case going while the U visa is processed. 3 – I do not know, but probably two or three years or longer. 4 – I believe U visas can include dependents, and so maybe that would be an option (if you could qualify for the U visa). Otherwise, if you got a GC, you could still continue your asylum case so that they can benefit from the asylum case if you win, or they would need their own way to stay here; maybe their own asylum applications. Take care, Jason
Hi Mr. Jason,
I hope you’re doing well. I am originally from Afghanistan, and I am now eligible to apply for U.S. citizenship. I have received mixed information—some people say Afghan nationals can submit the N‑400 application, while others say the process is still blocked.
Could you please confirm whether USCIS is currently processing N‑400 applications for applicants from Afghanistan?
Thank you for your guidance
You can file the N-400 and USCIS can process the case and give you an interview. However, decisions for people from “banned” countries, including Afghanistan, are still on hold. This means that unless something changes, you cannot get a decision until the hold is lifted. Most lawyers, including me, think it is still best to start the process, as you will at least be in the queue for a decision if/when the hold ends. You could also wait until the hold ends to apply for citizenship, but that will add more delay on top of the current delay. It is a personal decision about whether you want to start (and pay for) the process now, when you currently do not know whether the process can be completed. Take care, Jason
Hi Jason, I’m a national of one of the 39 banned countries and my asylum case has been pending for 11 years.
I’ve had two interviews within the last year, but no decisions for an indefinite period now. In your opinion, would it be a good idea to join a multi-plaintiff lawsuit? I’m reading that preliminary injunctions are being granted throughout federal courts – does this mean plaintiffs will get their cases adjudicated? Or, would the government retaliate by appealing, and thus, prolonging the freeze even more?
Another question I had is, for discretionary reasons or otherwise, is there a distinction the USCIS makes between an applicant’s country of birth and nationality? In my case, my country of birth is NOT on the banned list, but my nationality is. (I.e. I’m a national of a banned country, but I was not born there. My country of birth is not on the banned country list). Might this make the ‘Significant Negative Factor’ a bit less negative/significant? Thanks
If the purpose of the lawsuit is to challenge the hold on people from “banned” countries, it seems to me that that is reasonable if you want to get a decision. I would want to know more about the purpose of the lawsuit, though, and what the goals/expected outcomes are. In terms of the “significant negative factor,” I do not know whether USCIS distinguishes between country of birth and country of nationality for this purpose. I would assume for purposes of the case that they will consider you from a banned country and treat that as a negative factor, and then be prepared to respond to that – for example, you can get some evidence of good moral character to offset the negative factor. Take care, Jason
Hello Jason,
I have a question regarding the exemption for physicians from the 39 countries. Do you know if this include N400 applications, and if there is a way for applicants to let them know that they are covered by the exemption, or how would USCIS implement it for pending applications.
Thank you.
My understanding is that the ban no longer applies to physicians, but I have not seen the specifics of that and I did not see an official announcement from USCIS (only an article about the announcement). It does seem that green card applications are no longer on hold, but citizenship is unclear. If you have a pending case, it may be worth contacting USCIS (either by mail or through the portal if you have an account) and sending evidence that you are a physician, and asking that the case be processed. In the worst case, this will have no effect, but maybe it will help and is probably worth a try. Take care, Jason
Hi Jason,
I filed for asylum in 2016 and had my interview this February. I am still waiting for a decision (it has been about three months now). I have sent multiple inquiries to the USCIS office via email, but they always respond with generic replies stating that my decision is pending.
My question is: do you think I can go ahead and file a mandamus action? I understand it has only been three months since the interview, but considering that I waited almost 10 years just to get the interview, I am starting to think about that option. I am not from a “banned” country.
In our office, we generally recommend that you wait at least 6 months after the interview before filing a mandamus, as judges are more reluctant to grant mandamus cases if you don’t wait that long. Also, USCIS might try to oppose the mandamus. Nothing stops you from filing now, but it is just less likely to succeed. Take care, Jason
I am an asylee who won my asylum case in early April 2025,i recently filed for adjustment of status last week Monday but the lawyer made a mistake on the form i-485 where it asks “Have you ever been denied admission into the United States ” by marking yes instead of no.pls what are the steps to correct this because ive never been denied admission into the United States. NB i came here with my family 10years ago filed for asylum and won as the principal applicant.we sent the forms already.
Thanks
I doubt this will be a problem. Once you have the receipt, you can send a letter to USCIS informing them about the error. Also, when you go to the interview, you can let them know about this error before you start. Take care, Jason
Thanks for your prompt response to my inquiry and concerns, pls is there any reason why they took out filling fees for just 4 family members out of 5 ? And is there a probability of interview.
I do not know why they have not taken the filing fee for the 5th person. Hopefully, they will do that soon and issue the receipt. If they do not take the fee soon, maybe you want to cancel that check and file a new application (with an explanation of why you are filing again). I would probably wait a couple more weeks to see if they take the fee, as you only filed these recently, I think. Take care, Jason
Hi Jason, do you know how to pay annual asylum fee? I’ve read that USCIS will reject pending Form I-589 asylum applications if someone fails to to pay it starting May 29, 2026. I paid last year, but when I try to pay this year using https://my.uscis.gov/accounts/annual-asylum-fee/start/overview – it says I’m not due to pay fee currently. Do we wait for the notice to arrive?
I am very worried but cannot seem to get clarity on this one…
You should get a notice, but the government is very disorganized and asylum seekers will pay/are paying for the government’s incompetence. You should not need to pay until you get a notice, but if you want to pay, the website for an affirmative case, that is the website. If it does not allow you to pay, it is probably because you paid previously. Take a screen shot of the message that you cannot pay, so you will have that for your records if you ever need it. Take care, Jason
I recently have been seeing that
in some federal court appeal cases, the judges are using a comparative logic to deny petition for review…
They are basically saying that, since “INSERT HARM” also happens in the U.S., then what the asylum applicant experienced back in their countries of origin doesn’t reach the threshold of p*rsecution. I feel that this is…concerning…shouldnt harm level be considered ow its own independently rather than comparatively ?
I am worried that the IJ will say, oh we also have a lot of domestic violence in here, so your experience is not a reason to seek asylum here. Or they say we have a lot of lgbt violence/discrimination/mistreatment/harm here in this country, so your ground for asylum is not valid…I am worried that this logic will impact cumulative harm cases the most, where harm is being built gradually to eventually reach persecution level, but the everyday harm and risk may be same or similar in the U.S….if the IJ use this logic to basically say in the US, it’s no better, so you need to go back…then what should we do ?
I have not seen this and it would depend on the specifics of the situation and whether the home government can protect the person. Take care, Jason
I always appreciate your first hand insight and observation.
Sometimes I ask these questions because I am mocking the real adversarial nature of hearings.
I just see from fully anti-asylum perspective so I can be prepared. The good things is, people have a million reasons to oppose asylum seekers and thankfully they are public knowledge and not hard to come by.
Hi Jason,
Do you have an idea how long it will take for asylees from non-banned countries to get their green cards? When I check online, it’s not clear how long the processing is taking. Also, if my current EAD expires next year in September, should I plan to renew it and if so, when since I need to keep working to support myself? Thanks.
I do not know, and as the above article suggests, things are getting slower. Before now, most such cases took 1 to 2 years. A person with asylum can work lawfully even without a work permit (see http://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). However, it is better to have the EAD, as employers recognize that and it is a good form of ID. I would recommend re-applying 1 year or more before the current EAD expires, as it takes a while to get the new EAD, and the wait time is not predictable. The one piece of good news is that when an asylees file to renew theor EAD, they can still get an automatic extension of the old card. The new EAD will only be valid for 18 months, according to (relatively) new rules. Hopefully, you will get the GC soon, which will make life easier. Take care, Jason
Thanks!
Hi Jason,
The new rule says: If USCIS rejects an alien’s asylum application, the following additional consequences apply:
USCIS will deny any pending Form I-765, Application for Employment Authorization, based on the asylum application; and
Aliens who were approved to work based on the pending application will lose work authorization immediately.
So “reject” and “denies/referral” are different right? If USCIS refers case to immi court, work authorization remains?
To me, “reject” means you filed the application and it was somehow incomplete or filed at the wrong office, and so USCIS rejected it. I suppose this could happen retroactively, after it has been pending for a long time, as USCIS is doing all sorts of sneaky things to harm asylum seekers. But if it happens retroactively, that would probably be very rare. One possible example would be if a person entered at the border, got caught and released, and was not sent to court. The person could then file affirmatively at the asylum office. These days, such cases are being closed at the asylum office and the court cases are starting. Maybe that is considered a rejection? A “denial” is when asylum is denied and the person is still in lawful status. In that case, the work permit becomes invalid. “Referral” is when the person is sent to court, and in those cases, the work permit remains valid and can be renewed as long as asylum is pending. Take care, Jason
Has anyone received 2nd year of annual asylum fee…
I have not seen that yet for my clients. You do not have to wait for a notice to pay, if you want to do that, however. It would be nice to have some more guidance about the fees from USCIS and the Immigration Court, but right now, most people are waiting for a notice to pay, and some people are just paying as they think it is safer to do that. We do not know, and potentially, those who are paying will need to pay again, but since the amount is a fairly low amount (currently $102), they are willing to take that risk. Take care, Jason
Is the 102 fee already being billed ?
But I just paid my first one in October…
USCIS will send a notice when the fee is due. Take care, Jason
I got a green card in February 2025. Should current green card holders worry about US citizenship, given all the unlawful actions from the current administration? Looks naturalization for asylees also slowed down.
People from “banned” countries are currently not being given citizenship, but we do not know how long that policy will last. Given that you will not be eligible for citizenship for a few years, I do not think there is much to worry about now. As you get closer to the time to apply, you will have to see what the policy is and how long wait times are. Hopefully, at some point this Administration (or a future Administration) will declare victory and ease up on immigrants. Take care, Jason
Thank you Jason for all your work. Do you know any problems for people with green cards from non banned countries? Any delays in citizenship or attempts to revoke green cards without any lawful reason
The processing time seems to be getting longer for everyone, and USCIS may be looking more closely at cases before they approve GCs, but otherwise, I do not know of major problems for people getting GCs from non-banned countries. The same is true for citizenship cases. I have seen a few examples where they are trying to take away a person’s status, but the examples I have seen were for legitimate reasons. Take care, Jason
Hello Attorney Jason,
Thanks for all you do. My Asylum application has been pending for 7 years now with USCIS. My current EAD expires in 2028.
I have a 14 year old US citizen son.
Do you think my case can linger till he reaches 21 and files for my wife and I?
Will it be advisable to file a Mandemus lawsuit to get my case heard?
If the worst comes to the worst and I am deported, will be son be able to file for Adjustment of status for me if I am deported?
I am so mentally depressed right now.
You can probably file a mandamus to get an interview and decision (but if you are from a “banned” country, you cannot currently get a decision). If you have a strong asylum case, you may want to try that, but if the case is weak, you can hold off. I doubt you will wait 7 more years for the interview, but if you have a weak case, you might be better off waiting. Even if the case takes only a few years, you can then fight the case in Immigration Court and on appeal, and by then, he may turn 21. Also, if you have been in the US for 10+ years before you get sent to court (in the event that the asylum office denies the case), you might be eligible for Cancellation of Removal, which I wrote about here: https://asylumist.com/2025/06/25/cancellation-of-removal-an-alternative-for-some-asylum-seekers/. Take care, Jason
” if you have been in the US for 10+ years before you get sent to court (in the event that the asylum office denies the case), you might be eligible for Cancellation of Removal”
If the person came to US on 2008 on employment visa, and went out to a vacation for 3.5 months in 2012 and came back in same visa and later filed 589 and referred to court on 2019, does it break the 10 year cycle or does it still count from 2008?
I think that would most likely be a long enough break that it would block the person from satisfying the 10-year requirement, but you would want a lawyer to check that, as maybe there is an argument that the departure would not be considered a break and would be able to satisfy the 10-year requirement. Take care, Jason
Hi Jason,
Thank you for all you do.
I am an asylee. I filed for my green card 4/22/26. I usually get a notice of receipt whenever I file any document with USCIS. I did not get any notification. I come from one of the banned countries During the week, a federal judge ruled that USCIS commence Green card processing for all people from banned countries.
Do you think there will be some traction on asylee Green card processing?
In this situation, what can I do?
I wish to pursue my DNP and with the Green card, it will make my dream come true.
Thank you.
It usually takes 2 or 3 weeks to get a receipt by mail, so hopefully, you will have that soon. For people from “banned” countries, USCIS can process the entire case, but they cannot currently get a decision (so the ban should not affect whether you get a receipt or an interview). In terms of the court case, I think it is too soon to know. The case is obviously good news, but the government will likely appeal and I doubt we will see changes very quickly. Hopefully, the ban will end soon, either because USCIS makes whatever phony “security” changes are needed for it to claim that it secured the system, or through litigation. I do think it was the right choice to file for the GC and get the process started, even if the ban causes additional delay. Take care, Jason
Hey Jason, do you have any advice for finding a good immigration lawyer? Or have you written any blogs on this topic? I’d much appreciate it!
Best!
You won’t be able to find many affordable and quality immigration lawyers.
Most (>50%) are low quality or h affordable, frequently both.
But I wish you luck
I think the best way is through referrals from the lawyer’s clients, or even better, from a non-profit organization that knows the lawyer. I wrote about this here: asylumist.com/2012/10/30/how-to-hire-an-immigration-lawyer-who-wont-rip-you-off. I also wrote about the costs of a lawyer, though the specific fees are now outdated, since this post was from 2016: asylumist.com/2016/03/02/how-much-should-i-pay-for-an-asylum-lawyer. Hopefully, those will help. Take care, Jason
I am confused about this question.
“Do you in the future will require sponsorship”
I mean clearly this is a knockout question.
But how does one answer when the future is in the future and nobody can foresee a future at the present ?
A person who may need sponsorship could, in the future, get married or granted asylum…and then in that future, they will not need sponsorship…
On the flip side, even naturalized us citizens may need sponsorship. Us citizens could be denaturalized, green card could be revoked, then in that future, they will need sponsorship…
So how do one answer that question ? And hopefully without a reduction of opportunity ?
Hello Jason,
I filed my asylum in January 2025 and have done my asylum interview at Arlington office almost six months ago October 2025. Decision is still pending. Is this delay long enough to file mandamus lawsuit to get my decision?
Thank you
In our office, we recommend that you do not file a mandamus until at least 6 months after the interview. Also, if you are from a “banned” country, the asylum office cannot issue a decision, even if you file a mandamus case. Take care, Jason
Thank you Jason for your quick response. I am from a banned country. Yesterday, the fourth federal court ruled that the USCIS pause is unlawful and granted preliminary injunctive relief to 22 plaintiffs. If I join one of these group lawsuits and the judge rules in my favor to lift the pause on my asylum application, can I then file a mandamus lawsuit to require the asylum office to issue a decision on my case?
I do not know who the new decision applies to, and I think we need to wait a bit to see if there is an appeal or how USCIS responds. If the pause is lifted, you can try a mandamus lawsuit (as I mentioned, we normally wait 6 months after the interview before we do that, but talk to a lawyer to be sure) and that should result in a decision in the case. Take care, Jason
Had my family based AOS March 2025( applied in Apr 2024), and my asylum interview June 2025 ( applied in 2016). No decision on both. Just waiting. Do you think Mandamus will work on these cases given shortage of resources and staffs. Thank you
You would have to ask a lawyer who does mandamus cases in your local area, but I suspect that a mandamus could work in either case. However, if you are from a “banned” country, a mandamus would not get you a decision. Also, it would probably make more sense to mandamus the AOS, assuming there is nothing blocking you from a Green Card, as those cases are much more certain than asylum cases. Take care, Jason
Thank you as usual. Am from Ethiopia and live in MD. When you say “those cases are more certain than asylum …”, would you please add on that. Thank you
If a person applies for a green card based on a family relationship, that case would normally be approved, unless there is some reason the person is not eligible, such as an immigration violation or criminal issue. With asylum, you never know whether you will win or lose, though obviously some cases are more likely to win than others. Take care, Jason
I also want to ask about this
“Much more certain than…”
What do you mean by this remark? If a person is eligible for an immigration benefit, then they should be granted that immigration benefit. As far as I understand, family based adjustment also involve exercise of discretion. So if a family based adjustment and an asylum both involve clear statutory requirement and exercise of discretion, then this two class of applicants should be treated equally…right ?
What you are saying and I am not saying you are intentional. But the content and the phrase you used could give people the impression that some classes of immigrants are more stable or more advantageous than others
This implies a hierarchy or discriminatory line of order. And if this kind of notion is being planted on people’s mind then employers will be more likely to hire a family-based adjustment applicant than a similarly situated affirmative asylum seeker. More lawyers would prefer to take family-based adjustment cases than asylum cases. And I think that’s wrong and unfair.
If an employer side immigration counsel, says that “family-based adjustment cases are much more certain than asylum cases”, then the counsel’s client, the employer could very well rely on that opinion, and choose not to hire a qualified asylum seeker job applicant, when there is an equally qualified family-based adjustment job applicant in the pool.
Do you think I have a point ?
Some types of immigration cases are much more likely to succeed than others. That is not my opinion; it is a statistical fact. Take care, Jason
Hello Jason,
Thank you for the clarity and insight you provide through your blog. I truly appreciate your work and hope people like you continue to have a long and positive impact.
I applied for asylum about four years ago, and I am from a country subject to restrictions. My case is currently pending and waiting to be scheduled for an interview.
In your opinion, would filing a mandamus lawsuit give me a realistic chance of getting my interview scheduled? Or would it be better to wait in case the situation improves, especially since I’ve heard that approval rates for asylum cases have become much lower recently?
Thank you very much for your time and guidance.
It’s really up to you. If you are from one of the 39 banned countries, you can still file a mandamus. You would be able to complete your case up until the decision, and then, if the hold is lifted, you could get your decision. In other words, the mandamus will probably make your case faster, but you still can’t get a decision until the hold ends (we have heard rumors about a few cases from banned countries getting denials during the hold, though I have not confirmed that and do not know details). I do think that approvals are probably down at the asylum office. However, I have not seen any data on that, and the numbers could be down because the asylum offices are doing more to dismiss cases without an interview for certain applicants (some people who arrived through the border for example, or people who applied for other benefits but had those benefits denied). Your decision might also depend on what office your case is in. In Los Angeles, a mandamus asylum case probably takes 2+ years. Whereas in Virginia, it probably takes less than 6 months, and so it may make more sense to start the process sooner if you are in an office that takes a long time, even with mandamus cases. Take care, Jason
Hello Jason,
I have been living in the United States since 2015 and I am a green card holder.(since 2022) In all these years, I have not been able to see my father even once since I was forced to leave Afghanistan. Now he is very sick, and after more than 10 years apart, I am desperately trying to meet him in a third country—just to see him, possibly for the last time.
But I am completely stuck. My Afghan passport was manually extended, and no country is willing to accept it. I have no way to travel. My Refugee Travel Document has been pending since August 2024, and when I contacted USCIS, I was told I am not eligible for expedited processing—even with a sick parent and more than a decade of separation.
I feel trapped between impossible choices: if I leave the U.S. without proper documents, I risk everything I have built here. If I stay, I may lose my only chance to ever see my father again. There is no clear path, no support, and no solution being offered.
As an Afghan woman living alone in the U.S., I have already faced years of isolation, anxiety, and depression. The weight of this situation is unbearable. It feels like we, as Afghans, are punished endlessly—whether inside Afghanistan or even after escaping it. We are left without options, without mobility, and without dignity.
with a heavy heart I am asking: what is someone in my situation supposed to do? Is there any legal pathway, any country, any solution at all that would allow me to see my father before it is too late? Or are people like me simply expected to accept this kind of loss?
Any guidance would mean everything to me.
This situation is very terrible and there are many people who our government is pointlessly punishing. Afghans have been hit particularly hard and we have really betrayed people who stood with us for many years. It is a real disgrace. In terms of what you can do, I am not sure. The problem is that USCIS is not issuing documents for people from banned countries. You could file a lawsuit to challenge the ban – this is called an Administrative Procedures Act lawsuit. Unfortunately, these are expensive and there is no guarantee it would work. I think a first step would be to contact your Congress person to see if they can assist. Your case is very sympathetic, and potentially a Congress person can assist. If you have some US-citizen friends who can also contact the Congress office, maybe that would pressure them to assist more. You can find contact information if you follow the link under Resources called House of Representatives or Senate, and when you contact them, you can ask for an in-person meeting. This may be worth a try, as USCIS can make exceptions to the ban, but they have to be pressured to do that. I also wonder whether there may be other ways for you to get a new Afghan passport. I do not know, but this might be worth looking into. Even though it is not ideal to have an Afghan passport, since you previously had asylum, I think it is very unlikely to cause issues for you with USCIS, as long as you do not return to Afghanistan. I wish I had a better solution, but the situation now is very difficult. I think the best bet is to start with the Congress person and if that does not work, maybe it is worth an APA lawsuit. Take care, Jason
Hi Jason,
I saw this article https://www.newsweek.com/green-card-update-applicants-impacted-trump-travel-ban-legal-win-11883471 and it is some hope. However, the ruling might be only applicable to the people in the lawsuit. Do you see value in being part of a lawsuit?
Thanks
I had not heard about that case, but there are many lawsuits these days. We will have to see, but potentially, the case could affect other applicants. However, the government could appeal, and if so, the case might be put on hold. I think it would be worth watching this to see what happens, and this sounds like a good win, but we will have to see what effect it actually has. Take care, Jason
Hi Jason. You said you attended some green card interviews with your clients recently. How about N400 cases? Have you recently had clients with asylum-based green card getting citizenship approved or denied? Have you noticed any change? Thanks
I have not been to an N-400 lately, but we do have clients who have attended with other lawyers. Cases are going forward. However, cases from banned countries are still not going forward. Take care, Jason
Hi Jason,
Is there any update for EAD application for people from banned countries? I read something on USCIS Facebook page yesterday that they are increasing the fees, and hopefully, we can have some updates. This is really challenging and we have families, kids, and sick people. If we can’t work, our situations will be very difficult.
I have not heard any updates, and as far as I know, people from banned countries are still not being issued EADs. Some of the many holds on people have been lifted, so maybe that is a positive sign that at least the hold on EADs will be lifted, but so far, there is no news about that. Also, there are some new EAD rules that have been proposed to make even more restrictions. I wrote about that on February 26, 2026, but I think those rules are not yet in effect, and there may be a legal challenge trying to stop them. Take care, Jason