The Trump Administration has been using all the tools in its vast toolkit to make life more difficult for immigrants. Their newest machination is the “mega” Master Calendar Hearing in Immigration Court, where up to 100 non-citizens (and their lawyers) are required to be present for a brief in-person hearing.
What is the purpose of these mega MCHs and why are they problematic? What should you do if you are waiting for your MCH in Immigration Court?
Let’s start with the basics: What is a Master Calendar Hearing? Anyone who has a case in Immigration Court receives a document called a Notice to Appear. The NTA briefly explains why the government believes it can deport you. It will state that you are not a native or citizen of the United States, that you are a citizen of country X, and then it will describe when and how you entered the U.S., and when and how your lawful status in the U.S. ended. It will also list the section(s) of the law under which you can be deported. At the MCH, you need to inform the judge whether the information in the NTA is correct and tell the judge about any defenses you have to being deported, such as asylum, Cancellation of Removal or adjustment of status. The judge will then give you a date to return for your final hearing, where you present your case and the judge determines whether you can stay in the U.S. or whether you have to leave.
Master Calendar Hearings have always been relatively large. It was not uncommon for a courtroom to be stuffed with 20, 30 or even 40 people. Each person had to wait their turn to speak with the judge; this could take a few hours. Once video hearings became available, most courts allowed immigrants with attorneys to appear for the MCH online. This eased overcrowding and saved significant time and stress for non-citizens and their lawyers. In other words, it made life better for people.
Now, EOIR (the Executive Office for Immigration Review, the office that oversees the Immigration Courts) has started scheduling mega Masters and seems to have ended the policy of allowing represented immigrants to appear online. I says “seems to” because there was no official announcement (possibly because EOIR couldn’t even come up with a fig-leaf of an explanation for why it would implement yet another harmful policy change). We lawyers just heard the news from various clerks and Immigration Judges, and we are seeing most online cases switch to in-person. Worse, some case are listed as online when they have, in fact, been changed to in-person. If you have a case listed as online, it is a good idea to call the Immigration Court to double check.
Without an official announcement, we don’t know for sure why EOIR made this change, but we can make a pretty good guess. By forcing people to come to court, often with little advance notice, EOIR is counting on the fact that many people will fail to appear, and can thus be ordered deported in absentia (in their absence). Based on what I am hearing, this plan is working. Apparently 30% to 40% of people scheduled for these mega MCHs are not showing up and are being ordered deported.
Why do some immigrants fail to appear in court? I imagine that some are afraid of being detained or deported. Others may not have an attorney and are afraid to come to court alone. But I suspect the main reason people fail to appear is because they do not know about their hearing. Court dates are frequently changed, sometimes with little notice. For example, I was helping one person who checked his case status online on about May 7. The system showed that he had an MCH on June 5. He went to court on June 5, only to learn that sometime after May 7, his court date had been advanced and he had already been ordered deported. Now, he had to file–and pay the $1,065 government fee for–a motion to reopen his case, and then hope that the judge agrees to reopen!
Aside from messing with non-citizens directly, the new MCH policy seems designed to increase costs. If attorneys have to waste hours going to court, they will have to charge for this. Also, in-person hearings are more time consuming, meaning non-citizens will have to take additional time off from work or school, or find child care.
It is obviously quite frustrating to see yet another procedural rule weaponized against immigrants, but there are some steps you can take to protect yourself.
First, make sure your address is updated with USCIS and the Immigration Court. That will help ensure that you receive any notices about your case. Even if your case is currently closed, it is important to keep your address updated, so you receive a notice if the government reopens your case.
Second, check your case status online every week or so. That way, you will know if your court date changes (even if EOIR fails to send you a notice). This is a pain in the neck, but it is the best way to be sure that EOIR won’t advance the hearing date and deport you before you know what happens.
Finally, if you can afford a lawyer, it is better to hire someone sooner rather than later. If the lawyer enters her name in your case, she will receive a notice if the court date changes. Also, if the lawyer has advance notice of the MCH, she may have enough time to request an online hearing or submit “written pleadings,” which is where you do everything that you would normally do at the MCH, but in writing. Whether a particular judge will allow either of these options, I do not know, and it sounds like immigrants will need a good reason to avoid attending an in-person MCH.
Unfortunately, immigration rules and procedures are constantly changing, and it’s often difficult to know what to do. But as the old saying goes, showing up is half the battle. So make sure that your address is updated and check your case status regularly. This will ensure that you can attend all your hearings, which is the first step towards winning your case.
Dear Jason,
I have a question about a refugee resettlement split decision under the U.S. Refugee Admissions Program (USRAP).
My biological brother and I were registered as members of the same refugee family the Refugee Camp, Kenya and our case is under unhcr P1 case. We lived together, completed the refugee resettlement process together, and attended the required interviews as one family. Although my brother had a separate RSC case number because he was already an adult, our cases were linked and processed together as immediate family members.
My brother was approved for resettlement, completed all required security screening, and takent to America, and later became a U.S. citizen. However, the rest of our immediate family—including our parents and siblings—was denied for security related reason without an explanation after many years of processing. We were never told the specific reasons for the denial. My brother later filed a Priority 3 (P-3) Family Reunification application for us, but that request was also denied.
My questions are:
1. How common is it for linked immediate family members who were processed together to receive different decisions, with one adult sibling approved and the rest of the family denied?
2. Does the fact that my brother passed all refugee interviews and security screening, was approved for resettlement, and later became a U.S. citizen have any significance when evaluating the rest of our linked family’s case?
3. From a legal or procedural perspective, what are the most common reasons for this type of split decision among linked family members who went through the same refugee processing?
Thank you very much for your time and for sharing your expertise.
I hope a reply to my questions.
Thanks!
I do not do much with refugee cases, and so I do not know too much about the process. That said, for your questions, 1 – Each person is reviewed independently, but it is a little surprising that the whole family except one person was found to be a security risk. 2 – I do not know, but the fact that the other family members were viewed as a security risk makes me think it will be difficult for them to get other types of visas to come to the US. If your brother is a US citizen and an adult, he can file for the family members. For parents, the process is relatively fast (except not for people from “banned” countries) and takes maybe 1 or 1.5 years. For siblings, the wait is much longer, and could easily be 15+ years. You can Google “DOS visa bulletin” to see the wait times. 3 – I also do not know, but I would imagine the US government had some negative information about the family. Maybe your brother was very young at the time and that caused the government to be less suspicious of him? I am not sure, but somehow, they viewed him differently than other people. I know one organization that assists refugees. They are located in Egypt, but maybe they know more about these questions and can offer some advice: https://stars-egypt.org/. Take care, Jason
Hello Jason,
One of my relatives has had an affirmative asylum case pending since 2016, and she has finally been scheduled for her first interview in the first week of next month.
Do you think she should go ahead and attend the interview given the current situation, or would it be better for her to request a reschedule? Since she’s a woman, she’s very scared because of ICE.
I’d really appreciate it if you could share your thoughts. Thank you!
It has become nearly impossible to reschedule an interview and if she fails to attend, her case will be denied and she will be referred to immigration court. I think she should file any additional evidence as soon as possible (evidence is normally due at least 1 week before the interview) and also bring a copy of that evidence with her to the interview. In other words, she should do her best to win her case. In terms of ICE, I have only heard about a very few instances of ICE detaining people at asylum interviews, and I believe those cases involved people with a criminal record. Also, the main targets in general for detention are people who crossed the border without a visa, and so if she entered the U.S. with a visa, it is even less likely that she will be detained. Finally, women are generally less likely to be detained than men. Take care, Jason
Thank you, Jason, for your help.
I have one more question. If you have any advice about how asylum interviews are being conducted these days, or any special tips for preparing, I would really appreciate it.
Also, my cousin has another concern. Her husband has been living in Canada. He first went there on a student visa and is now working on a work visa. They also have a 7-month-old baby. However, she has never mentioned her husband or baby in her asylum case.
Does she need to bring any documents related to her husband and baby to the interview, or is it okay for my cousin to attend the interview by herself?
Thank you again for your guidance.
I did a post on April 22, 2026 where I discuss some new questions we have been seeing at the asylum office and how to prepare for them. If the husband is in Canada and the baby is a US citizen (or not part of the case for some other reason), they do not need to attend the interview. However, if they want to be dependents on the asylum case and get asylum status if your cousin is approved, then they need to be added to the application before the interview and they need to attend the interview. Either way, if she is married and has a child, she will need to amend the I-589 and inform the asylum office about that. She can amend the form at the interview, but she would probably also want to submit the relevant documents, such as marriage and birth certificates. Take care, Jason
Hello Jason,
I just saw a video of a Ukrainian woman who has been waiting for her asylum interview since 2017. She was stopped by Border Patrol agents while driving in Florida (there were no violations, they were just driving behind her in a white Ram truck for some time and then asked her to pull over). They asked her if she had any other status, like TPS or U4U. She said no, and they brought her to some sort of detention facility, where she spent three weeks.
What would have been the right thing to do in this situation to avoid being arrested?
She entered the country legally on a visa and had a pending asylum interview. Is it true that they are trying to move all long-pending asylum cases to immigration court, so that no interviews are being conducted?
Thank you so much for your professional opinion. God bless!
I have not heard about that case, but it is not very surprising (unfortunately). I think one problem is that she is in Florida, which is a more unsafe jurisdiction. In terms of what she could do, she should have a plan in place to get help from a lawyer to apply for release on bond. Someone in her situation (entered the US lawfully, no criminal issues, pending asylum case) would normally be eligible for release by an immigration judge on bond. She is better positioned for that than someone who entered the US without a visa, for example. I have not heard about an effort to send long-pending asylum applicants to court without an interview. There has been an effort to identify people who should not be at the asylum office and send them to court (such as people who entered at the border, but were never sent to court upon arrival). It is a good idea to have your evidence collected and have some money set aside for bond, and to have a friend or family member who you can contact to assist you. That way, if you do get detained, you will be better prepared to defend yourself and get released from detention. Take care, Jason
It looks like a pattern now for an effort to send long-pending asylum applicants to court without an interview, with the ICE arrests human rights lawyer who fled Chinese crackdown, he also had pending asylum since 2019, and has a court date now. Scary…
There are reports about affirmative asylum seekers getting arrested and sent to immigration court. It seems that some have entered the US legally and have no criminal issues. I do not think this is very widespread, but I have heard about a few confirmed cases. I suppose we will learn more, but for now, I think it is best to have your case ready to go, and to have a plan in case you are detained. I think that is very unlikely for most affirmative asylum seekers, but does not hurt to be prepared. Take care, Jason
Hi Jason,
Im a GC holder with an active n400 application from one of the banned countries and 8 months into the n400 process, I would like hear your feedback about my personal and other immigrants observations regarding yhe n400 process specifically for individuals from the banned countries, after the vacatuer court order, I started seeing people from the banned countries confirming that they started seeing approvals for work permits or green cards, but I have not seen or heard a single n400 approval after the vacateur, I know its been only few weeks since the court order but its still concerning since other type of benefits have been approved. Do you think that USCIS would intentionally delay the n400 since its hard to strip after giving the benefit ? And if thats the case what can we do to raise some awareness around it ?
Regards,
Despite my low opinion of USCIS in many areas, I do not think they would deliberately delay N-400 cases after they publicly indicated they would follow the order. It is not impossible that they would do this, but the consequences of saying they would follow the order and then lying would be serious, and also, such a violation would likely become public since too many USCIS workers would know about it. I do think we need to keep an eye on this and see how N-400 and other cases are going. It is just difficult to separate the “normal” delays of USCIS doing its job poorly from the additional delay caused by the “pause.” I believe the federal court is considering whether to stay (stop) its order and allow USCIS to continue pausing cases, but a decision will not occur until after July 8. We will see what happens, but if the pause ends for good, you might consider a mandamus lawsuit to force USCIS to process your case, though that would be later, as 8 months of waiting is probably still too soon. Take care, Jason
Hi Jason,
Hope all is well, appreciate you for your help as always.
Our final hearing is in Sept,2026 very soon at NY. I had meeting with my attorney last week.
I came to know from him same Judge has 3 hearing same time same date and all of the applicants are from the same country. I asked him if we can postpone the date he said now days they do not,and he himself doesn’t know about what can be happened.
Now I have questions,I hope I will get reply.
1. Is that normal the judge can do final hearing same time ,same day with all the applicants from
the same country? Is it going to happen something similar like you wrote in your article(MEGA)?
2. We talked about my son, if he got married US citizen or GC holder right after the hearing weather the
the case will be approved or denied?(I mean different between before the hearing and after hearing)
Because we have not that much time .
Thanks
Best regards
Jhampa
1 – Sometimes judges do that. It usually has to do with using the same interpreter for all three cases. Sometimes, interpreters come from far away, so this is more efficient. 2 – If your son is a dependent on your asylum case and he gets legally married, he will automatically be removed as a dependent and will need his own way to try to stay here. Marriage to a US citizen might work, but these days, a judge is much less likely to dismiss a case unless the I-130 petition is approved (the I-130 is filed with USCIS and confirms that the marriage is true). Also, judges often will not give a person more time to wait for USCIS to approve the I-130. It depends on the judge. This is an important question and I really think you need to talk it through with your lawyer to decide what is the best approach. Take care, Jason
Hi Jaison,
I was granted asylum on 05/26/2021, and I was told I could apply for citizenship after 4 years of becoming a permanent resident. I became a permanent resident on 09/22/2022. Based on the eligibility calculations I am currently within the 90-day to apply for citizenship due in September based on 4 yrs with the green card plus the 1 yr of being granted asylum. However, the system won’t let me proceed as my permanent residence is calculated based off the date my green card was approved. Could you please help me how to proceed?
I am not sure the information you received was exactly correct. When a person wins asylum and gets a GC, the GC should be back-dated one year. So for example, if you got the GC today, it should be dated July 1, 2025 (also, sometimes, USCIS forgets to back-date the GC). Assuming you are otherwise eligible, you can then apply for citizenship 5 years after the back-dated GC (so 4 years after you got the GC). The easy way to know is to look at the date on the GC, and you can apply 5 years after that date (you can mail/submit the N-400 up to 90 days before the 5-year anniversary). So if your GC is dated 09/22/2022, the soonest you can apply for citizenship is about June 25, 2027 (again, assuming you meet all other requirements for citizenship). Take care, Jason
Thank you for responding. That’s exactly what I thought. I was granted asylum in May 2021 and applied for my Green Card in September 2022. I received my Green Card in 2023, but the “Resident Since” date is listed as September 22, 2022. The one-year rollback that should apply to asylees was not reflected on my card.
I called USCIS today and was told that I must use the date printed on my Green Card to calculate my eligibility, and that the one-year rollback does not count. This seems inconsistent with the law governing asylee adjustment of status, and I’m not sure how to proceed. I would appreciate any guidance on what my next steps should be.
If you got your GC in 2023 but it is dated September 22, 2022, it seems like the card was back-dated, but maybe I did not understand something here. I think you can return the card to USCIS and ask them to correct the error. This should be free, since it is their mistake, but you have to return the original card, which seems risky. Alternatively, you could just wait until June 2027 to file (again, assuming you are otherwise eligible). Or you could try to file even earlier and provide an explanation that the card should have been back dated, but I have never tried that and I fear it would not work. Maybe talk to a lawyer to decide on the best option, but my thought is that given you can apply in less than a year, you may be better off just waiting until then (of course, you may have need for citizenship sooner, and if so, I think it is best to talk to a lawyer to decide how to proceed in your specific case). Take care, Jason
Birthright is upheld at Supreme Court.
But I am worried that this will spur a republican wave. That there maybe one day be enough republicans in congress or enough republican state legislatures or enough political impetus to mount a successful constitutional amendment…to permanently rescind the citizenship clause of the 14 amendment.
Do you think it will happen ?
I don’t think that will happen. It takes Congress and the states to amend the Constitution, and I don’t think birth right citizenship is really a problem, and so the made-up nonsense used as an excuse to try to end it will likely not convince enough people. Take care, Jason
I think you are right
Hi Jason. I read twice you replying to people here that USCIS has been fighting mandamus cases for I-485 lately. I already have my GC and I am applying for N400 and I plan to file a mandamus if it takes longer than 12 months for me to be called for an interview. Have you heard that USCIS is also fighting mandamus for N400 cases?
The best information I have is that USCIS is fighting mandamus cases for I-485 applications most of the time. However, I have not heard that for N-400 cases. Citizenship cases do often take more than a year, especially for people from “banned” countries, and so you will have to see what is the situation at that time. Hopefully, a mandamus will not be necessary, but given USCIS’s behavior, it is good to be prepared for that just in case. Take care, Jason
Hi Jason,
I was recently released from ICE custody after being held there for 2 months. When I was released, bond was paid and my immigration hearing is scheduled now in New York, but I have moved since and my master coming up in couple weeks. Can I update my address via EOIR or I have to update in person by showing up for my master calendar hearing and telling the judge?
You can use form EOIR-33 to update your address with the court and DHS (the prosecutor), but unless you also file a motion to change venue (i.e., move your case to a new court), the court date will likely remain the same. If so, you have to attend that court hearing; if you fail to show up, the judge will likely order you deported. These days, most hearings are in person, but it depends on the judge. If you have a lawyer, it would be good to communicate with the lawyer about this, to move your case and also make sure you do not miss any hearings. Take care, Jason
Hi Jason, I have an affirmative asylum interview coming up after about three years. I believe I have a strong asylum case. At the same time, I’m currently on OPT with a pending H-1B change of status & plan to pursue an employment-based green card.
My main concern is whether, if asylum is granted, becoming an asylee would be strategically disadvantageous compared to continuing on H1B/employment-based green card path.
Is this something you advise on? If so, I’d like to schedule a consultation.
Thanks
Having asylum status would generally be considered a superior status to an H1b, as asylum is permanent status and you can apply for a green card based on the asylum grant. It seems to me that the problem is that if you are denied asylum, you might get referred to court even with a pending H1b application, and this would likely prevent you from getting the H1b inside the US. You may still be able to get the H1b, but you would likely have to leave the US to do that, and that may or may not be possible, depending on your situation. That said, it sounds like things are moving along and you have the asylum interview soon. If so, there is probably nothing to be done except for trying your best to win the asylum case. Along with your other evidence, you can submit evidence of the pending H1b and try to prevent the asylum office from sending your case to court in the event of a denial. However, I think in this situation, if the case were denied, it would likely be sent to court. Anyway, if you wanted to arrange a consult, the best way is to email me at jason@murrayosorio.com and I can give you details. Thank you, Jason
Hi Jason,
Thank you for your detailed response.
One point I’d like to better understand is why my case would likely be referred to immigration court if my asylum application is denied, given that I am currently maintaining valid immigration status and have an approved H-1B change of status effective October 1.
Hi Jason,
Thank you for your detailed response.
One point I’d like to better understand is why my case would likely be referred to immigration court if my asylum application is denied, given that I am currently maintaining valid F-1 STEM OPT status and have an approved H-1B change of status effective October 1.
My understanding was that referral to court is generally associated with applicants who are out of status. Is there a specific legal or procedural reason why USCIS would still refer my case despite my lawful nonimmigrant status?
I never fall out of status since 2019 & my understanding was that referral to court is generally associated with applicants who are out of status. Is there a specific legal or procedural reason why USCIS would still refer my case despite my lawful nonimmigrant status?
If the asylum office does its job correctly, and if you are still in valid F-1/OPT status, I think you would not be referred to court (I am not sure whether the pending H1b helps with this). However, I have seen the asylum office sometimes send people in F-1 status to court. For example, if they find that your job is not a job that should qualify for OPT (it is not in your field of study, for example), or if they decide that you violated your F-1 status by applying for asylum (since the F-1 requires you to leave the US at the end of your studies and asylum is a request to stay in the US permanently). In short, I think it is not completely predictable whether the case would be referred to court if it is denied, and you may want to talk to a lawyer about the specifics to try to get a better idea about that. Take care, Jason
Hey Jason,
I have a question regarding immigration lawyers.
For some background, I have a pending asylum case since 2023 (entered legally on an F-1 visa, applied for asylum while still in status).
My asylum case was filed with the help of an immigration clinic. Currently, I do not have any immigration lawyer (the clinic’s support scope was limited to writing up and filing the I-589).
Do you think it’s better to find a local lawyer (even though this is a federal matter), or ultimately it does not matter?
My understanding is that it is better to hire local in case the case somehow ends up in an immigration court (I don’t know how likely that is given my background).
I do have another question: on average, how much do you think it costs to hire an immigration lawyer given that the I-589 is already completed? Someone quoted me over 7k which I think is outrageous even if they have to review the I-589 application package.
Thank you very much!
If the lawyer is able to attend your asylum interview, it does not really matter where the lawyer is located. The main advantage of a local lawyer is that the fee may be less expensive given that the person has less distance to travel. Also, the asylum office recently changed its policy and now lawyers are not allowed to attend an interview remotely and they must attend in person (this is another nonsensical change that seems solely designed to make life more difficult for asylum seekers). In terms of the fee, I think our firm would be somewhat less than that where the I-589 is already filed, but that fee does not sounds outrageous to me, given all the work required for one of these case these days. Unfortunately, the Trump Administration has made asylum cases more difficult, and so more work is now involved, and this inceases attorney fees. Take care, Jason
Hi Jason,
The current processing time for a GC based on asylee status is 30 months. I’m from Iran — a banned country — and I’ve been waiting for a decision on my GC application for 24 months now. I have three questions and appreciate you if you answer them:
1. At what point of waiting is it reasonable to apply for mandamus?
2. Considering the ban order and court decisions on it, if I apply for mandamus, will it be a potential relief at all?
3. My asylee case was so strong; my lawyer said it is the strongest case she has done in 33 years of her experience. Will it still be possible for the government to deny my GC application if I apply for a mandamus?
Thank you
1 – You can probably do that now, as the “pause” has ended, at least for the moment. However, I would talk to a lawyer who does mandamus cases first to see what they say. USCIS is generally fighting mandamus cases for I-485 applications, and so you should be prepared for that (including the additional expense for the lawyer to fight the case). 2 – It could be, but if the pause is re-instated (which would should know within a couple weeks), the case will remain on pause even if the mandamus is successful. You could try to further challenge the pause itself with a lawsuit under the Administrative Procedures Act, but that would likely be a separate lawsuit (or at least a separate clam) and it would probably add significant expense to the whole effort. 3 – I don’t think the strength of the asylum case is relevant to the GC application. But I do not think your GC would be denied because you filed a mandamus; USCIS would need a valid reason for that, especially if a federal court is involved and watching USCIS to make sure they do their job. Take care, Jason
Thank you, Jason. My concern about a potential rejection isn’t actually triggered by filing the mandamus itself. Rather, I am worried that if the mandamus succeeds, USCIS might deny the application anyway, citing my Iranian nationality and claiming they couldn’t complete the required security background checks within the court-ordered timeframe. Is this a realistic or potential scenario?
I have worried about that in similar contexts (for example, a mandamus in an asylum case where USCIS cannot complete the security background check, but not related to being from a “banned” country), but I have never seen that actually happen. I suppose it is possible, but the more likely scenario would be that the case would be completed, but the decision would be held for release until after the ban is lifted. Of course, since things are constantly changing, we don’t know for sure if this is how it would work, but even today, I still think that is the most likely outcome. Take care, Jason
Hi Jason, thanks for helping us all. For Global Entry application there is a question “have your ever been FOUND in immigration violation”. Since asylum was granted by judge and now i have a GC , I’m assuming that NO would be an ok answer, since DHS and USCIS have no problems with me.
Thank you very much
I am not sure about that. It sounds like you were in immigration violation at some point, as the only people in Immigration Court are people who were found to be in violation of their lawful status in the US (unless you were placed into court by mistake). The problem was solved when asylum was granted, but that does not mean that you were never in violation of your immigration status, and it would be a good idea to be careful about how you respond, and maybe even talk to a lawyer if you are not sure. Take care, Jason
What if someone was not referred to court but visa was expired while asylum was pending and was later approved. What would be the answer to this question on global entry application in that situation?
Also, can a asylee green card holder use refugee travel document instead of passport for applying to global entry? Global entry application asks for passport number, however the number on RTD is also labeled as “passport” number.
I don’t know a lot about global entry, sorry. I can say that if a person was in immigration, that means the person was out of status. The only time someone is placed into immigration court proceedings is when that person has no status in the US (the only exception is if the person was placed into immigration court by mistake). If there is a way to provide a further explanation on the Global Entry application, then you can provide more detail to explain what happened. I also do not know whether an RTD can be used for Global Entry, though the whole purpose of the RTD is to allow people to use that instead of a passport. Take care, Jason
I am not sure if this is the right answer, but I was an asylee -> GC -> citizen in 2016. I am a global entry member since I was on GC and renewed it twice. I answered “no” that question since I was legally granted asylum and GC. Never really thought about it and was never asked. I am assuming that CBP already know about your status and history. They only took my GC, verified it, asked me if I have committed a crime and approved me in like a three minute interview.
Did you use RTD or passport when you interviewed for global entry as a green card holder?
Hi Jason,
I just got my EAD based on my pending asylum case in the mail. As you know, due to recent EAD validity changes, the EAD is valid for 18 months. I read online that the renewal time can take more than a year and there is not way to auto-extend it. I’m wondering what is the recommended time to file for renewal so I can increase the chance of not having a gap in my EAD validity period.
Also, I had my asylum interview at the Arlington Office in Feb this year and still waiting for the decision. I’m wondering if you have seen cases around the same time receive a decision from this office.
Thanks!
You can file to renew at any time. I would recommend you file at least 1 year before the current EAD expires, and you could even file to renew now. Filing too early will cause the cards to overlap, which is not great, as it wastes money to file renewals more frequently, but that may be better than filing too late, which would cause a gap in eligibility to work. In terms of the decision, wait times are very unpredictable. I have seen some cases that were interviewed earlier this year get decisions, but it varies a lot, and so you may get a decision soon or you may have to wait longer (especially if you are from a “banned” country). Take care, Jason
Thanks.
One small thing I wanted to clarify: does filing earlier than 180 days before the EAD expires cause the application to be rejected by USCIS? I’m seeing conflicting information online. Some people say you have to wait until 180 days before the EAD expires to file a renewal. Is that true, or is it an outdated rule that does not apply to pending asylum EADs?
My understanding is that the 180-day time frame is a recommendation and not a requirement. You can check the I-765 instructions at http://www.uscis.gov/i-765 to see more. That time frame maybe made sense if USCIS processed cases more quickly or if they still allowed the automatic extension, but given the situation now, I think it is not enough time, and people who file “only” 180 days before their EAD expires risk having a gap in the ability to work lawfully. Take care, Jason
Thanks!
I’ll apply for renewal within the coming couple of months.
I was wondering, now that I got an EAD card, can I use it to travel domestically? I was planning on travelling to San Francisco for a week by the end of the month. Is it safe to travel with EAD card as someone who entered on a visa and applied for asylum before the status expired? or is it too much risk?
I have not heard about someone in this position (entered legally, asylum pending at the asylum office) getting detained at the airport, but I am not sure it is completely safe either. One danger is that if the case is denied, and you have not yet received the notice, you may be vulnerable to detention if you are traveling domestically. Also, there has recently been a surge of detentions, though I am not sure what parts of the country are most affected. So I think there is some risk. If you decide to travel, bring your EAD, state ID or driver’s license, and have available evidence of your pending case, such as the receipt and biometric notice. Also, make sure you have someone you can contact to assist you or talk to a lawyer if anything happens. Take care, Jason
Hi Jason,
I heard that one person in immigration court in Maryland with a good asylum case and the country with a lot of political issues got denied asylum. The reason was that you are educated and can go to other part of the country to avoid prosecution. This is shocking since it is the federal government who is responsible for this. Why do you think the IJ made this conclusion?
Do you see these days IJs denying strong cases in Virginia immigration courts? I understand a lot of changes going on but was wondering if they are even denying very strong cases that came here legally.
Thanks
Some judges seem intent on denying cases; others seem completely ignorant of the law. So either or both could explain the case you are referencing. Other judges are more fair, and so a lot depends on your judge. I do not know that moving to a new location would help much, and it would be good to research your judge first. One way to do that is to Google the judges name + “TRAC immigration”. Newer judges are not listed there, but many judges are there and it might give you an idea about your judge. Take care, Jason
Thank you Jason.
This is very interesting. I was thinking it was the recent development that resulted in these denials.
Hopefully the appeal and other courts will help with strong cases. But it is going to cost a lot of time and money.
Thanks
Hello Jason and all,
I am a Green Card holder based on an approved asylum case, and I am now preparing to apply for Form N-400. I have completed the application online, but I am unclear about the payment process. The final page in my USCIS account asks me to sign the application, but there are no instructions regarding how to submit the fee. Additionally, USCIS information outside my account indicates that payments should be made through Pay.gov. I am unsure how USCIS would link a Pay.gov payment to my specific application if I proceed that way.
Thank you
I do not know of a way to pay separately and then match that payment with your application, and it sounds like something is not correct. Make sure you are on the official government website (www.uscis.gov/n-400), as there are a lot of scams going on now. You will have to have a USCIS account, and then once you complete the online form, there should be instructions about paying the fee. If you are planning to mail the N-400 by post, you would just include a check or money order with the application. Take care, Jason
Hello Jason,Hope you are doing well.
I entered the United States on an F-1 student visa and later applied for asylum. My asylum case has been pending for almost four years without an interview.
A few days ago, my USCIS online status changed to “Interview Is Scheduled.” However, I have not received the interview notice in the mail yet. I checked both my current mailing address and another address I use for important mail, and nothing has arrived so far.
Do you know if there is any way to find out the interview date before the notice arrives? Other than waiting for the mail, is there anything else I can do?
If the interview notice never arrives, what would you recommend? Is there a specific USCIS office, phone number, or procedure I should use to obtain a copy of the notice or confirm the interview date?
My case is at Arlington asylum office.
Thank you for your time and guidance.
It is difficult to communicate with the asylum office, but you can send them an email, tell them that you received the online notice but have not received the paper notice, and ask if they can let you know the date and time of your interview. You can find their email if you follow the link under Resources called Asylum Office Locator. Usually, it takes a few days after you see the online message to get the paper notice in the mail, so hopefully, you will receive it soon. Until then, there is no harm in emailing them to ask. Take care, Jason