A few months ago, the Trump Administration instituted two travel bans, blocking nationals of 39 countries from coming to the United States. The bans explicitly stated that they would not apply to “an individual who has been granted asylum by the United States.” Commentators generally agreed (hoped?) that the bans would not apply to asylee or refugee “follow to join” dependents, since they were either coming to the U.S. in the same status as the principal applicant, or–if they were already in the United States–were obtaining asylum through USCIS.
Unfortunately, recent developments have proved said commentators wrong. The Administration has been preventing asylee and refugee dependents from banned countries from coming to the U.S. or obtaining status here.
To understand what’s happening, let’s take a moment first to discuss the “follow to join” process. If a person is granted asylum (or refugee) status, his spouse and unmarried minor children can also obtain asylum status. If the family members were part of the principal applicant’s case, they get asylum at the same time as the principal. However, if the family members were not included in the principal’s case, the principal is permitted to file an I-730 petition to request asylum status for his family members. If the family members are overseas, and the petition is approved by USCIS, the case will be forwarded to the U.S. consulate where the family members will undergo a relatively simple interview and then be issued documents to come to the U.S. If the family members are already in the United States, USCIS will process the I-730 petitions, interview the family members, and then grant them asylum status.
Even before the travel bans went into effect in December 2025 and January 2026, the Trump Administration had been making it more difficult for I-730 beneficiaries to obtain status in the United States.
I wrote recently about the American Immigration Council’s new online tool to track USCIS cases. The AIC data on I-730 follow-to-join petitions shows that cases have been getting slower and denial rates having been creeping up even before the travel bans. During the last quarter of FY2025 (July to September 2025), USCIS processed fewer I-730 petitions than at any time during the past 10 years–even less than during the height of the Covid pandemic. By September 2025 (the last month when data is available), the expected processing time for an I-730 was 16.9 months; up from 9.4 months during the final months of the Biden Administration. Denial rates for I-730 forms were also increasing. At the end of President Biden’s term, USCIS was denying 10.4% of cases. During the last quarter of FY2025, USCIS denied 21% of I-730 petitions. And so by late 2025, the situation for asylee and refugee family members seeking to come to the U.S. or get status here was becoming more difficult.
The travel bans have made the situation even worse. According to AILA (the American Immigration Lawyers Association), even though “follow to join” beneficiaries should not be blocked by the travel bans, “the government has refused to issue boarding foils (official documents permitting travel to the U.S.) to I-730 beneficiaries from travel ban countries due to the travel ban.” Beneficiaries in the U.S. are also affected: “While the travel ban and refugee ban have primarily prevented boarding foil issuance at embassies and consulates, these [bans] will also halt USCIS adjudications of I-730 petitions for anyone from travel ban countries.”
At least one organization has filed a lawsuit to challenge the travel ban and its impact on I-730 beneficiaries. “On October 21, 2025, the International Refugee Assistance Project (IRAP) filed a lawsuit, AA v. State, challenging the government’s unlawful use of the travel ban to deny entry to Afghan derivative asylees and others from [banned] countries.” The lawsuit is currently pending. While the Trump Administration has lifted a few “holds” in other types of cases, it seems unlikely to change its position on asylee dependents from banned countries. And so this lawsuit (or others like it) may be our best hope for the stranded family members.
In the mean time, it is still probably a good idea to file I-730 petitions for eligible family members. Such petitions must be filed within two years of obtaining asylum, and so if you wait for the ban to end, you risk losing the opportunity to file at all. Also, the petitions can be processed, at least up to a point. If the ban ends, those who have started the process will be closer to completing it.
It is a terrible shame on our country that we are treating vulnerable asylees and refugees so cruelly. But advocates will continue the fight, and hopefully one day soon, we will start to see families re-united and living together safely in our country.
Hello Mr. Dzubow,
We are from Turkmenistan which is one of the banned countries. My nephew has an approved I-730 since last June. He went for an interview at the local US embassy in September 2025 to get his boarding foil but got denied due to Trump’s June 2025 proclamation. Could you please let me know how to keep my nephew’s case active? We hope things change in the future and maybe my nephew can have another interview to get his boarding foil.
Thank you,
Maysa
There are different lawsuits about the travel bans. As discussed above, the one lawsuit would help I-730 beneficiaries if it is successful. And so if that happens, he should be able to travel. Potentially, your nephew and his family could file their own lawsuit to see if they can get a judge to order the State Department to complete processing his case. This would probably be very expensive, and it is unclear whether it would work, but may be an option. Also, at some point, we can hope that the travel ban will end on I-730 beneficiaries, but we do not know if or when that would happen. I think the best bet is to wait to see what happens with the ongoing case, as that may end up helping him. Take care, Jason
Thank you, Mr. Dzubow! We really hope things change. We’ve heard that case will be assumed abandoned if there’s no activity after year. We don’t want the NVC or State Department treat this case as abandoned and cancel the I-730 process. We submitted a request via https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html to keep his case active. I was wondering if there’s any other way to do it?
I don’t know of another idea, sorry. Also, of course, there is no guidance provided by the government about what to do if a case takes too long. I suppose the hope is to block people from ever coming here, and it may very well require a lawsuit for that to change. Take care, Jason
Hi Jason,
If someone is on a pending asylum application and has not been called for interview, Ead is valid until 2028. The person got a notification that their EAD is revoked without giving the reason why. E- Verify was checked and it still indicates the person is eligible to work. What can the person do in this case and what does this mean? Thanks!
This is worrying
This is the second time I have heard about such a revocation in the last 24 hours. I think you will need to wait to see what USCIS sends in the mail, as they should provide some type of explanation. The other revocation I heard about was a person from a “banned” country who had been denied asylum previously (not sent to court) and who re-filed affirmatively, and so I am wondering if the revocation relates to one of those factors. If I have more information, I will try to post something here. Take care, Jason
I heard newly filed asylum no longer qualify for initial EAD unless they can get the backlog down…could it be related to that ?
As I understand, that rule has not yet gone into effect. Also, I think it would not apply to people who already have EADs. For my client who received a notice, her underlying asylum case is still pending (at least according to the USCIS website) and so I do not know why she received the revocation notice. Take care, Jason
Hi Jason,
Thank you for your response. I am part of the partially banned country. I have a previously denied asylum case but was not sent to court because I was still in status. I refiled again which has been pending for 7 years. What can one do in this case
It is interesting that the two cases I know about are people from banned or partially banned countries and also that they both re-filed for asylum after an initial denial. I am guessing that the re-filing might be the issue, but we will need to get more information from USCIS to know, and at this point, I am not sure. Take care, Jason
I called USCIS, the lady told me notice is not being sent out for it. What can one do in this situation? Is it advisable to file Ombudsman or form 1-290 B notice of appeal or talk to congressman .
I think you will need to get the paper notice and then decide what is best. It won’t be the Ombudsman, though, as USCIS eliminated that office (since they could care less about having any oversight). Take case, Jason
Hi. Is it true that ALL of the green card applicants based on asylum are now called for an interview? What does it depend on whether they interview an applicant or not? Green card based on asylum seems to be pretty straight forward, there’s nothing much to ask about.
USCIS says it will interview all asylum-based green cards. Whether that is actually happening, I am not sure, but if you are applying for a GC based on asylum, you will likely get an interview. They ask the questions listed on the I-485 (or at least some of them), and they seem to double check issues related to potential bars. For most asylees, I think there will be not too much to ask. I attended a few such interviews recently. One took about 10 minutes (even though there was a potential material support of terrorism issue); the other took maybe 20 minutes. I did not think they were different from interviews I attended for asylees in the past. Take care, Jason
Hi Jason! I hope you find this message well.
We got our interview back in November 2025, got NOID, sent my response and still waiting for UCIS to reply. I am a derivative on the case, and my father is a main applicant.
I am married to the U.S. citizen recently and me and my dad are TPS holders (expiring October 19, 2026, Ukraine). Immigration officer explicitly told us that they won’t forward the case to the court as we have another status (TPS).
A few questions I want to ask:
1) I do think that we have a strong case, is there a way for us to get into the immigration court if they issue a denial? I recall you had a post where you send the case (with additional details that happened since the interview) to your local USCIS office and they deny it. Now you are out of status… something along these lines. Is it still works?
2)I have a marriage case almost ready, and I wanted to file it in the next week or two. Do you think its worth waiting month or two to get more guidance from USCIS about the memo? I don’t want to wait, but I also don’t want my case to be RFE’d because I don’t have “extraordinary circumstances” to adjust my status. On the other hand, if I wait for a month or two, I will most certainly fall out of my TPS status by the time I get my adjustment interview. I’ve heard reports that spouses of US citizens get arrested In USCIS offices if they don’t have a valid status even if they filed while there in such status.
3)What happens if USCIS won’t send asylum decision by October 19th? Will my dad be deportable past this date by ICE since he is not in court, but also not waiting for asylum decision any longer?
Entered US on a valid visa, no criminal history/overstay.
Thank you.
Dear Jason,
I hope you are doing well.
I would like to inquire about my parents’ immigration situation and seek your general legal opinion regarding their case.
My parents entered the United States on B1/B2 visas and applied for asylum approximately four years ago. Their asylum case is still pending. Since then, conditions in their home country have improved over time, and I am considering filing adjustment of status petitions for them as immediate relatives of a U.S. citizen.
We are concerned about potential issues related to their pending asylum case, prior overstay, and unauthorized employment. Due to financial hardship at the time, my father worked without authorization before receiving work authorization. My mother has never worked in the United States and is retired.
With the recent USCIS memo and policy discussions regarding adjustment of status for individuals who originally entered on nonimmigrant visas, I am especially concerned about whether it could become effectively impossible for my parents to obtain family-based green cards inside the United States.
Although conditions in their home country have improved, I have serious concerns about sending them abroad for consular processing and having them wait there given the uncertainty of the current immigration environment and potential risks or complications that could arise during the process.
I would appreciate your thoughts regarding:
Their eligibility for adjustment of status inside the U.S.
Any risks associated with their pending asylum applications
Whether the new USCIS memo could negatively affect their case
Whether consular processing could realistically be required
The best strategy moving forward
Thank you for your time and assistance.
I am guessing that you (or a sibling) are a US citizen and that you will file for your parents as immediate relatives? If so, I think it is probably a good idea to file. The unauthorized employment would not block them from adjusting status based on an immediate relatives (an adult US citizen child). As for the new memo, as asylum seekers, they have a fear of returning to the home country and this might be enough to constitute “extraordinary circumstances” as discussed in the memo. Also, the adjustment cases will take many months, and by then, the memo may be blocked by a court. All that said, it would be worthwhile to talk to a lawyer about the specifics for the case to be sure they are eligible and to think more specifically about how they might show extraordinary circumstances so they can adjust status in the US. Take care, Jason
Could people just circumvent this and
File a trivial asylum case and then say, I am afraid to go back, so I have to do adjustment of status…
I mean…i am not sure if this will work…
If their government doesn’t know they applied for asylum. How could they be at risk ?
1 – I can’t evaluate whether it is a strong case, but the fact that you received a NOID indicates that the asylum office plans to deny the case unless your rebuttal can overcome the reasons for the possible denial. Hopefully, they will look at your response and grant the case. However, if they decide to deny and if they take a long time to make the decision, you could end up in court (if TPS ends). If the case is denied and you are not sent to court, you can re-apply for asylum (the process is a bit different the second time – see the “Special Instructions” on the I-589 web page at http://www.uscis.gov) and if the case is denied again, you will be sent to court. I should note that the asylum office seems to be inconsistent about whether to send TPS people to court if their case is denied. Sometimes they do, and sometimes, they don’t. 2 – I would probably file now and not worry about the memo. Your interview won’t be for many months, and so by then, we do not know whether the memo will be in effect, or whether it might be blocked by a court. Also, the fact that you come from Ukraine, a country at war, may be sufficient to satisfy the “extraordinary circumstances” requirement. Also, the fact that your family needs asylum may be another reason (I plan to post something about this later in the week if you want to check back). Given all that is going on with your case, I think it would be a good idea to talk to a lawyer about the adjustment of status, just to be sure it is a good idea to file and that you are eligible. 3 – If USCIS does not send a decision until after TPS ends, your father (and all dependents) can remain in the US until a decision is issued. If it is a denial, they will be sent to court where they can seek asylum with the Immigration Judge. Take care, Jason
Hi Jason,
Im asylum approved last year. Green card pending. I was thinking to apply for food stamps and cash assistance here in NY bcs I lost my job last month. Do u think its bad idea giving the new memo and could come up as a negative factor in green card interview?
Thanks
It should not have an effect, since asylees are not subject to the public charge rules, and so obtaining food stamps should not affect your eligibility for a Green Card. Also, the new memo does not seem to apply to asylees at all, and so I do not think that affects your case either (it applies to people who get a GC some other way, such as through a family or employment petition). Take care, Jason
Hi Jason
This is a question about the new adjustment of status memo issued by USCIS today. After reading the memo, it seems like it applies specifically to section 245 and not section 209 (under which asylees and refugees adjust) correct? In other words, it’s not applicable to asylum & refugees, right?
The memo indicates that future memos will clarify how the change applies to different categories of people, and so we don’t know for sure, but you are right that the memo itself refers to INA 245 (which is the normal section for adjusting status in the US) and asylees and refugees adjust status under INA 209. I am not sure how such a rule could apply to asylees or refugees in any case, as such people cannot return to their home country and often have no documentation to travel anywhere at all. Take care, Jason
I think the admin is right. If a person is admitted under a nonimmigrant visa, one of the visa status condition is … depart after…
So…requiring consular process seems to be enforcing this immigration intent rule of nonimmigrant visa. I don’t find any issue with it.
Hi Jason, what do you think about the new Adjustment of Status Memo – https://www.uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf – specially in relation to asylum applicants applying for green card (based on approved asylum) or approved work visa. Do you think denial cases will increase because of this memo?
The memo indicates there will be future memos about different categories of applicant, so we will see what they say about asylees. However, asylees by definition cannot go back to the home country and so that would be a good reason for USCIS to exercise its “discretion and grace” to allow them to adjust status inside the U.S. Nothing is below this Administration, and so we will see, but I expect asylees will remain eligible to adjust. Take care, Jason
I am assuming this will be for people who are going to apply ? NOT for those who already applied, and or interviewed but waiting for decision ( Marriage based, pending asylum decision etc). Could you please comment on those as well. Thank you
We will have to see how USCIS applies the memo, but it could apply to pending cases as well. I think it is a bit too soon to know how this will affect anyone, as the memo is somewhat general and while it is aimed at people adjusting status, it is short on specifics. Take care, Jason
Asylees are adjusted via a different category 209
Not 245. The policy memo carves out such and other humanitarian exceptions.
I don’t believe those EB visas are really put to good use. There are very few people who are so talented that the US cannot reproduce. It’s good to limit or end them.
Hi dear Jason and readers, I hope everyone is doing great.
Just wanted to ask if anyone with pending greencard application based on asylum has been called for an interview and if so which year did you filed? also is there any way I can check that which year and month filling uscis is currently interviewing for asylum i485s?
Like any website or data I can take a look at since uscis website is not showing anything meaningful these days.
Feedbacks will be much appreciate.
Thanks alot.
People from “banned” countries are on pause, and while some may get interviews, they are not getting decisions. Otherwise, based on my own observations, I have been telling people that it is one to two years for USCIS to process a GC based on asylum. Take care, Jason
Hi Jason, yesterday my case status online miraculously changed from decision pending to decision mailed – I say miraculously because I’m a national of the 39 banned countries. I’ve yet to receive the letter in the mail, but I checked EOIR and my case has been referred to a Master Hearing next month so it’s safe to assume an NTA.
Like many twists & turns, I don’t know if this is a good thing or a bad thing. Good in the sense that it’s somehow defied the indefinite pause, but bad that it is now to go from affirmative to defensive. I know an NTA doesn’t automatically mean a “denial” per se, it could be a higher-level administrative procedure to clarify information where USCIS may not have had enough “power” to issue the final decision – especially with a niche (if not complex) case like mine which has undergone changed country conditions since my first filing in 2015, and with two different interviews in the past year.
Simultaneous to this rigmarole, my partner and I have moved in together and are ready to build a life. Would this mean that a potential AOS would not be handled by USCIS anymore but by the IJ? And if so, would this make things more complicated? I hear that if it’s now outside the jurisdiction of USCIS, cases are handled more expeditiously “on-the-spot” by the IJ to move things forward. Welcoming your thoughts. Thanks!
You will have to pursue the asylum case in court, and how that proceeds will be informed by the reason the case was denied. You will learn more once you get the referral letter, and you can also request your file through a Freedom of Information Act request (you can do that by following the link under Resources called FOIA USCIS). You may also be able to adjust status, assuming you are eligible (lawful entry, legal marriage to a US citizen, no bars). Your US-citizen spouse will need to file the I-130 petition with USCIS and once that is approved, you can either adjust status in court or ask the judge to dismiss the case so you can AOS with USCIS (as long as the court case is open, you cannot AOS with USCIS). The problem is that the judge may not be willing to wait for USCIS to process the I-130, though you can try to delay the case to get more time. I think you would really want a lawyer to help with all this, as it can be complicated and it sounds like you may have a path to get status here. Take care, Jason
Hi Jason,
Hope all is well with you.
Appreciate you for you suggestions I asked you many times before.
As our individuals hearing is coming close we still looking for more options if we have.
I have question what will be your suggestion about this please .
1. My wife’s brother is US citizen so can he apply green card for his sister(my wife)?
I look forward your reply.
Regards
Jhampa
He can apply for his sister, but the wait time is many years (you can Google “DOS visa bulletin” to see the wait time). As her husband, you could be included in the petition, but even if the visa is approved and you have waited for it to be available, you and your wife would most likely have to process the case outside the U.S., which may or may not be possible. It may be worthwhile for the brother to file, so you have that as a future option, but given the long wait, it may not be worthwhile. Take care, Jason