Celebrating 250 Years of America!

Statue of Liberty
Statute of Liberty

Leave a Comment

48 Comments

  1. Hello,

    I would like to ask for your legal opinion about my situation. I want to understand my legal options.

    I am a Somali refugee registered with UNHCR in Kenya. If I travel to Spain with a valid Spanish tourist visa, would I be legally eligible to apply for asylum after I arrive?

    Does entering Spain on a tourist visa have any negative effect on my asylum claim?

    if the officer didnt ask me a bank statemnets to proof i can support myself. how can i get a house to stay if i dont have money?

    Should I apply for asylum immediately after arriving, or is there a recommended time to do so?

    If I have no money and no place to stay, would I be eligible for Spain’s asylum reception system while my application is being processed?

    Is accommodation provided immediately after an asylum application is made, or is there usually a waiting period?

    If there is a waiting period for accommodation, what should an asylum seeker do during that time?

    Does my registration as a refugee with UNHCR in Kenya affect my eligibility to seek asylum in Spain?

    Based on the facts I have shared, do you believe I may have a reasonable basis to apply for asylum in Spain?

    Are there any legal risks or important issues I should know before traveling to Spain with the intention of seeking asylum?

    Suppose i applied asylum in spain before my visa expires. Are they going to deport m e after my visa expires and my asylum case is in process?

    What documents would you recommend that I bring with me to support my asylum claim?

    Thank you for your time. I would appreciate your professional legal opinion.

    Reply
    • I do not know about asylum in Spain, sorry. I think you would want to find a lawyer or a non-profit that assists refugees in Spain, and maybe they could advise you. I know of one group in Egypt that helps resettle refugees: https://stars-egypt.org/. I do not know whether you have to be in Egypt to use this group, or whether they can assist people in different countries. If they cannot assist, maybe they know a non-profit in your location that can help. Take care, Jason

      Reply
  2. Hi Jason,
    I have applied for AOS in Oct 2025 and my case remains in pre check verification per USCIS officer over the phone. I am not from Pakistan, which isn’t a banned country. It seems like USCIS is intentionally not moving asylum bases cases. However, my wife’s green card is approved on her EB base and I wanted to know would it be reasonable to apply on her base while asylum bases continue to process. Recently, marriage based green card are moving faster. What would you recommend? Thanks.

    Reply
    • I doubt a green card based on marriage would go faster, but I guess it could. Also, remember if you get the asylum-based GC, it should be back-dated one year, and so that may get you to US citizenship more quickly. Maybe talk to a lawyer about your needs and also to get a sense of the wait times in your local office. Then you can make a more informed decision. Take care, Jason

      Reply
    • Dear Jason and asylum community, my asylum decision is pending since 2019 in USCIS. Still now I haven’t got asylum annual fee notice, I wanted to pay it but it says this case doesn’t have any due this time. Are there other asylees getting the same issue or it only me. I wanted to pay before the notice but there is no way. When I check my portal seems closed after the ead produce. But USCIS case status is decision pending. I am worried about not able to pay the annual fee.

      Reply
      • I have not heard about this issue. I know some people have been unable to pay if they are on their phone, and they have better luck on a computer. If nothing is working, you can try emailing the asylum office about this to see if they can assist (you may have to try this a few times, but usually they respond eventually). You can find their email if you follow the link under Asylum Office Locator. You can also reach out to your Congress person to see if they can help – there are links to House of Representatives and Senate. Also, you can try calling USCIS at 800-375-5283, and if you can reach a person, maybe they can help. Good luck, Jason

        Reply
  3. Hello Attorney Jason,
    Thanks for all you do for this community.
    I live in the Bay Area in California. I filed for Asylum in 2019 at the San Francisco office and still waiting for an interview.
    The lawyer who helped me file for sanctioned by the California Bar for 2 years and before that she had already been suspended. During her suspension, she sent back my file to me and said I could fine another lawyer. I had paid $4500 to her and just counted my losses. I got a new lawyer who reviewed my case file and filed form G28 .
    Then this second lawyer too has decided to move out of the USA and has recommended a New lawyer to me. She has been professional and said I will only the new lawyer what I owe her. The new lawyer was born in San Francisco and is well known. He has positive reviews on Google.
    Then yesterday, the first lawyer I ever had called me and said her sanctions have been lifted and she can now practice law in California.
    I am so confused right now.
    1. If you were in my shoes what will you do?
    2. Does a lawyer’s reputation matter to the people at USCIS?
    3. Is a good thing to file for against the government to push them to hear my case now? Or Should I wait for this administration to hopefully leave?

    Thanks so much again

    Reply
    • 1 – I would be very cautious about going back to lawyer #1. It is possible that she was sanctioned for a bad reason, but it would be good to have an explanation about that so if you go back to her, you feel confident that she will do a good job and not get sanctioned/suspended again. 2 – Yes. In some ways that is bad, but in other ways, it is good. I have heard that the asylum offices have lists of lawyers who they suspect of fraud and that people who have those lawyers may get extra attention. Again, though, the sanction faced by lawyer #1 may have nothing to do with the practice of law (maybe it related to managing money, for example) and so it would be good to know the reason why she had that trouble. 3 – It’s up to you. If your case has been pending 7 years, that is a long time and a mandamus lawsuit could result in getting an interview. If you wait, maybe things will get better, but we do not know. If you think you may have other options in the future (such as marriage to a US citizen), maybe it is better to wait and do that, but if there are no other options and you no longer want to wait, a mandamus could be a good choice. Talk to a lawyer who does such cases before you decide, just to be sure it can work in your case. Take care, Jason

      Reply
  4. Hi Dear Asylum community friends, what is NBC role and why they take so long to forward your i485 case to local field office? How can I expedite my case from there , is it allowed to send them a mail or call them? Almost 2 years now and who knows how long more it will take for them to forward my case. I heard it is a very small job what they do just check the file and see everything is correct but taking years for doing that simple job is really bad.
    Your feed back will be much appreciated.
    Thank you!

    Reply
    • If you are from one of the “banned” countries, that might help explain the delay, as USCIS had put those cases on hold until recently. You can reach out to your Congress person for help – you can find their contact info if you follow the link under Resources called House of Representatives or Senate. You might also consider a mandamus lawsuit, which is where you sue USCIS to try to force them to process your case. USCIS is fighting most I-485 mandamus cases, but if this is something you want to do, talk to a lawyer to evaluate your case and whether this might be a good option. Take care, Jason

      Reply
  5. Hello Jason! Hope you’re doing great.
    I am preparing to apply for U.S. naturalization Form N-400(Marriage based GC, divorce after 5 years) , but I am the victim of tax-related identity theft. I did not file a 2024 federal tax return because I had no income, and I took divorce at 2024 as well. However, someone fraudulently filed a 2024 joint married tax return using my Social Security number with a person(not my ex) I do not know.The IRS accepted and processed the fraudulent return before I discovered it.

    I have already reported the identity theft by submitting IRS Form 14039, followed by I did call IRS and IRS has informed me that resolving the case take a long time ( approx 600 days )

    Given these circumstances, if I apply for Form N-400 before the IRS completes its investigation, what is the most likely outcome? Could the pending identity theft case delay, negatively affect, or result in the denial of my naturalization application? Should I apply now, or would it be better to wait until the IRS finishes its investigation?

    Thank you .

    Reply
    • I am not sure, and you would probably do well to talk to a lawyer about the specifics. These days, it is better if a person’s taxes are in order before applying for citizenship. If you have evidence of the identity theft and your efforts to correct that problem, and also evidence that you did not earn an income in 2024, that should be enough to protect you, even if the IRS has not finished its investigation. But again, it would be a good idea to discuss the specifics with a lawyer and to think about what documentation to include with the initial N-400. Take care, Jason

      Reply
  6. Hi Jason,

    I hope you are well. I submitted my case on June 24th but I live in NC. I believe my office is Virgnia which has secheduled interviews for folks who submitted cases around the same time I did. Do you think I should reach out to get an update on the status of my interivew?

    Why do you think mine has not been scheduled? Any advice?

    Reply
    • Some cases do get scheduled quickly, but if you filed your case 3 weeks ago, it is a bit soon to expect an interview. You should get a biometric appointment soon, and maybe an interview notice in another month or two. Some cases do not go that quickly, and so it is possible that your case will take longer, but as far as I can tell, that is a matter of luck. Take care, Jason

      Reply
      • Do you think if it is because of my location? Two my collegues submitted directly from Virgnia received their interview within a span of few days? Do you thin moving to Virgnia could help?

        Reply
        • Possibly your local asylum office was moving more slowly with new cases, but I do not know. I also do not know whether moving would help. If your case is no longer considered “new,” it may not be a priority, in which case moving would not make a difference. You can try to expedite an asylum case. I wrote about that here, asylumist.com/2022/03/23/anatomy-of-an-asylum-office-inquiry-expedite-requests/, and maybe that article would give you some ideas. Take care, Jason

          Reply
  7. Hi Jason, i have a merit hearing coming up at immigration court. Im curious on average how many hours will it last? Thank you

    Reply
  8. Hello Jason and dear asylum family. I had my interview in Sept 2024. To this day – decision pending…. I submitted “outside of processing time” requests several times, and got the “we are still working on your case” answer.
    A month ago I submitted FOIA request (which I recommend all of you to do it right now). It is very simple. I got the file today.
    While I was going through the file, I noticed DECISION dated Oct 2024…. “not eligible for asylum”. So, all this time I was hoping to hear a good news, and now I see that they made a decision less than a month after the interview. Why keep us in the dark? Haven’t we suffered enough? I was waiting for the interview since 2015, by the way. I’m tired and I’m done.
    Good luck to all of you!

    Reply
    • I would not give up hope yet. While that looks bad, it may not be a final decision, as the asylum office has not yet issued it. So it is possible that the decision would change – maybe after supervisor review, for example. Also, if you are referred to court, you could still win asylum there and you may have other types of protection available to you (such as Cancellation of Removal, if you have certain US-citizen of green card relatives). These are very difficult times and it is hard to be optimistic, but I have done many cases where a person was denied at the asylum office and won asylum or some other type of relief in Immigration Court. Take care, Jason

      Reply
      • There is a side story to all this mess. I am commercial driver and I hold non-domiciled CDL. I was detained by ICE two months ago at the weight station. Out on bond, waiting for my master hearing. That’s why I made FOIA request. So I guess it doesn’t matter what uscis has to say about my case. I don’t have any hope left, and I’m not really sure that I want to spend years in court fighting my case. I fought enough.

        Reply
        • Just to add…I entered legally, applied within one year, have rock solid case, and I literally do not have a parking ticket on my record, let alone something more serious or disqualifying. I did everything by the book. And this is the outcome.
          It hurts to feel exactly how I felt when I fled my country.

          Reply
        • It is understandable that you would not want to keep fighting your case, especially since the US government keeps changing the rules in order to harm immigrants. I have no doubt that our country will suffer for all the harm we are doing to good, productive people, as they leave and others stop coming here. While much is negative, I hope you also see that many, many people support immigrants and are working hard to help. Hopefully, we will make a course correction soon, but at this point, it is not easy to see a light at the end of the tunnel. Take care, Jason

          Reply
      • A denial at asylum office is already a first glimpse or hint of whether the administration thinks they deserve asylum…

        Getting sent to EOIR, facing more adversarial process is just going to get more difficult…

        Reply
        • That is true, and courts have become much more hostile. On the other hand, even today, we see cases that were denied at the asylum office and are then approved in court. Take care, Jason

          Reply
    • Hello Angelia. I have same experience like you. Interviewed early 2024 in Houston office. Pending decision since then. FOIA submitted a year ago that revealed the officer drafted a referral assessment two weeks after the interview, but no final decision yet (two and half years post interview). May I ask what office you have been interviewed?

      Reply
        • It came with the interview questions and answers. Based on my experience and what I have heard from others, if the officer drafts a referral assessment and the referral assessment is approved by the supervisor, the office typically issues the final referral decision immediately. So you normally would not see the officer’s assessment when you obtain your FOIA records. However, if the officer’s referral draft was never finalized, it may indicate that something or someone prevented the decision from being finalized. As Jason mentioned, one possible reason (and to me the most optimistic possibility) is that the supervisor disagreed with the officer’s assessment.

          Reply
          • These days, FOIA responses tend to be largely redacted. It is another effort from the government to reduce transparency, as that makes it easier for them to harm people and then lie about it. Take care, Jason

    • Hi Angelia, I had my interview in December 2018, was told a decision would be forthcoming in 2 weeks, kept waiting, then moved to a different state (from MN to VA) in 2019. I kept inquiring, and got the boilerplate response “Decision pending” till I went in Oct24 to Arlington asylum office and asked about my case. Few weeks later, I was referred to immigration court. Thanks to Jason and his superb team at Murray Osorio, I won asylum in September 2025. I hope you do not lose hope, I wish you the best. I may know how you feel because I’ve been there too. Stay positive.

      Reply
  9. Hello Jason,
    Please, I want to know more about this situation. I filed for asylum for my stepchildren in 2020, and their approval notices were sent to the embassy in their home country. Fortunately, one was approved last September and arrived in the U.S. in October 2025.
    Regarding my case, I completed my naturalization interview and passed. However, the oath ceremony was canceled three days before it was scheduled. I also come from a country that was temporarily under a ban. Currently, the ban has been lifted, and I am praying for a new scheduled date. The issue now is that my lawyer said I must wait for my stepson to obtain his green card before I can proceed with my naturalization, to ensure he retains his asylum status.

    Reply
    • I am not sure about the step child situation. Maybe the delay was caused by questions about the legitimacy of the relationship? In terms of bring someone to the US on an I-730 (petition for family member of an asylee), if you become a US citizen, that petition would become invalid and you would be expected to bring the person to the US using an I-130 (petition for the relative of a US citizen or green card holder). Also, if you, as the principal asylee, become a US citizen before your asylee dependents get their green cards, they become ineligible to get their GCs unless they go through the nunc pro tunc asylum process, which can delay the GC process by several years. For this reason, it is better for your family members to get their own green cards before you become a US citizen. It sounds like your lawyer explained this, but if you are not sure, maybe you can ask the lawyer to help you better understand the specifics of your situation. Take care, Jason

      Reply
      • Thank you so much, Jason. You said exactly what my lawyer said. The paternity test was done, and 2 out of 3 are my husband’s kids; one is not. Out of the three, one was approved and is already in America. He will submit his green card application in August, and I don’t know how soon he will get it. I’m optimistic that they will call me for the oath ceremony very soon. That means I will have to wait for him to get his green card before I can take my oath. Whoops, this is huge.

        Reply
        • Talk to your lawyer to explain more, but if you get your citizenship before your dependents have their green cards, it will delay the GC process for a long time, probably several years. Also, if you become a citizen before the step-child comes to the US, I think the I-730 will no longer work and you will need an I-130, but that is a potentially much longer process (depending on the age of the child). In short, it would be good to go over all the specifics with your lawyer so you have a plan that meets everyone’s needs. Take care, Jason

          Reply
  10. Hi Jason,

    Super quick question. I’m asking on behalf of a friend who is currently in Texas. He filed his case while he was living in Virginia and traveled to Texas for a visit, but he didn’t realize his visa had expired.

    He has now received both an interview notice and a biometrics appointment in Virginia. Would he have any issues flying back to Virginia, or would you recommend that he drive instead given his current immigration status?

    Max

    Reply
    • For people who entered the US lawfully with a visa, filed for asylum, and who do not have criminal issues, I have not heard about anyone being detained while flying domestically. He should have proof of his entry and his pending asylum case and interview. I do not know that it is 100% safe to fly under those circumstances, but it may also not be 100% safe to drive. If he entered the US illegally at the border or if he has criminal issues, flying may be more risky. Take care, Jason

      Reply
  11. Waiting for my wife’s greencard based on asylum, she filed on Dec 2024, anyone knows when we should receive i485 approval? Also does people still receive GC in last few months based on approved asylum? any feedback will be much appreciated.

    Thank you.

    Reply
    • If she is from a “banned” country, her GC could be very delayed, though USCIS has recently started processing cases from banned countries (though they may stop processing such cases again soon, depending on a court case). In general, I have seen I-485 cases for asylees taking maybe 1 or 1.5 years to 2 years. Take care, Jason

      Reply
      • Hi Jason she is not from the banned countries, and I called uscis they told me her case is in nbc Missouri, do you know is there anything I can do to expedite her case?
        I doubt they will move anything unless I remind them.

        Thank you.

        Reply
        • She could try to expedite – I wrote about that here: asylumist.com/2020/01/29/expediting-your-case-with-uscis/. She could also reach out for help to her Congress person. You can find contact info for the Congress person’s office if you follow the links under Resources called House of Representatives or Senate. She might also consider a mandamus lawsuit, but I think it is still too early for that. Maybe if nothing has happened after 2 years that would be an option. Take care, Jason

          Reply
  12. Hi, thank you for the help you offer here. I have been here in this blog since 2017 when I filed my case, which was approved last month. I submitted my application for an RTD and included detailed medical records for my dad, who is unwell and needs to travel to a third country to meet me there for medical procedures. It’s worth noting that in 2024 I was issued an EAP and traveled to the same country and met him and had him checked out.
    My RTD application had a cover letter that requested an expedite of the document. I received a receipt for the application, but I have not received the biometric appointment. I would like to call them and also involve my congressman’s office for help expediting, because currently the RTD is taking 14 months to be approved. Should I wait for the biometrics first, or should I begin the expediting process? Thanks

    Reply
    • I think there is no harm in trying to call and contact your Congress person now (well, Monday, as they are closed today). For the Congress person, if you can get a bunch of American citizens from he Congress person’s district to contact him with you, that could be more effective, so for example a church group or people from your work, or something like that. I am not sure whether it will help too much, but they will be more eager to help if more constituents are asking. Good luck, Jason

      Reply
  13. Hi Jason, I’ve seen on the reddit and some social media platforms that 🧊 has ramped raids up in the last couple of days, have you heard about it? Who are they targeting? I’ve pending asylum case, no criminal history, entered legally but still worried and scared every day.

    Reply
    • Apparently, there was a surge after a few countries agreed to accept more third country nationals, but I am not sure exactly who was targeted. Supposedly, the surge has ended, but that is also unclear. One list serve I saw mentioned targeting people with Withholding of Removal, but I have not seen any data on the deportees, so I am not sure. Take care, Jason

      Reply
  14. Dear Jason,
    Words can’t help to describe our gratitude to your continuous support over the past decade.

    We recently learned about the new DHS/USCIS registration requirement and would like to confirm whether our son is required to submit Form G-325R online through his USCIS account.

    Here are the relevant details:

    * Date of birth: September 14, 2011.
    * Entered the U.S. legally with us on a H4 dependent visa and received an I-94.
    * Has remained in the U.S. continuously since the last entry 11/30/2017
    * Still maintains the same dependent Asylum status.
    * Has a USCIS online account, an A-Number, and an EAD approved on October 21, 2023 (valid for five years).
    * Turned 14 on September 14, 2025.

    Based on these facts, do you recommend that we complete and submit Form G-325R online through USCIS, or is he already considered properly registered?

    Thanks a million for your continuous support.
    Best regards,
    Hope Seeker

    Reply
    • I have not dealt with the requirement yet and have not looked at it closely, but it seems to me that since the child turned 14, he is supposed to register, even if he previously registered (by entering with a visa, for example). You can see more here: https://www.uscis.gov/alienregistration. I think if you are not sure, there is no harm to register, especially here, where USCIS already has info about the child, since he has asylum (or is an asylum seeker dependent). Take care, Jason

      Reply