On Top of Everything Else, Immigrants Are Being Targeted by Scammers

If it sounds too good to be true, it probably is.

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    • There have been many reports lately about non-citizens, including those with pending asylum cases, lawful entries to the U.S., and no criminal records, getting detained at the airport. However, I have not heard any reports about people who have already been granted asylum being detained, and unless you have a criminal issue, I do not think you should have a problem. However, I do think you should bring good proof of your status, including a copy of the asylum approval, your asylum approved (category a-5) work permit, and, if you have one, a refugee travel document. Take care, Jason

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  1. Dear Jason,

    Thank you for the blog. It’s an unbeatable source of information for immigrants not only asylum seekers. I’d like to ask you about my situation. I got green card based on marriage 4 years ago. A few months ago I applied to expedite citizenship since I’m married the same person. Here I should say I was because three weeks ago we got into the huge argument. I don’t know whether we will reconcile or not. I’d say it’s 50/50. We are not legally separated or anything though. My citizenship interview hasn’t been scheduled yet. My question is — does the current situation affect the citizenship application? If so, what shall I do to be in compliance with the law?

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    • Since things may still work out, there is probably nothing to do about the citizenship case at the moment. If the marriage does not work, you would have to inform USCIS. Maybe you could somehow put the N-400 on hold until you have the 5 years needed for a “regular” naturalization, but I doubt this would work and you would probably have to withdraw the current N-400 and re-file a new application when you have 5 years with a green card (and meet all other requirements). Take care, Jason

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  2. Hi Jason, I have a question. My father applied for asylum in 2019, and his interview was never scheduled he came on B2 visa. Last December, he was detained despite explaining everything to ICE they still took him into custody, and he was held for one month before being released after his bond was approved by an immigration judge. His case, in my understanding, was deferred to immigration court, but on the USCIS website his case kept showing as pending. Today, he received a notice that his interview is scheduled. Per my understanding, after a case is deferred, USCIS doesn’t have jurisdiction anymore is that right? Is this some kind of mix-up?

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    • I think it is probably a situation where the asylum office does not know that the case is in court. He may want to talk to a lawyer about this. While I think it is unlikely to work, he could try to dismiss the court case so that the asylum office will regain jurisdiction over his application. Again, I think it is not likely to work, but maybe it is worth a try. Otherwise, he can inform the asylum office by email and see if they respond. You can find their email address if you follow the link under Resources called Asylum Office Locator. If they do not respond, he should attend the interview and tell them at that time. My guess is that they will not interview him, but I think that is better than not showing up. Take care, Jason

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  3. Hi Jason, is anyone going to challenge the no interview for affirmative applicants rule? Is it challenge-able? Can court challenge delay implementation of such rule?

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    • I expect there will be a court challenge, but we shall see. DHS is claiming (in the new rule) that people do not have a right to an interview at the asylum office, but Congress created the asylum process and I am not sure how much of the process is mandated by law, and how much is regulatory. I have not looked recently, but I think that the asylum procedures are mostly regulatory, which gives DHS more power to make changes, but we will have to see what types of challenges advocates can come up with. One issue with the new rule is that it allows asylum officers to refer cases without really explaining the reason, and so maybe there is a due process challenge there. We will see what happens in the next few days and weeks in terms of how the rule is implemented and how it might be challenged in court. Take care, Jason

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    • The new rule seems to mostly target asylum applicants who have a bar to obtaining asylum, such as people who filed after one year in the United States. However, it is not really clear how the rule will be implemented. For example, another bar to asylum is that the US has an agreement with a safe third country where the person could seek asylum. There are all sorts of new safe third country agreements (mostly they are kept secret and we have fairly limited information about them) and so potentially, people will be denied asylum if they could be subject to one of those agreements. That would be basically everyone. And so we will have to see how the new rule is implemented – will it be applied very broadly? Or in a more limited way only to people who have an obvious bar to asylum? We shall see. Take care, Jason

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    • Supposedly, USCIS is processing cases for people from “banned” countries, at least for now (they had paused such cases, but a federal lawsuit ended the pause; that could change, depending on what happens with that federal case). I have heard about USCIS actually issuing documents, including EADs for people from “banned” countries, but everything is very slow and so it is difficult to predict when a particular application may be approved. Take care, Jason

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  4. Great article, I have seen a lot of ads gor immigration lawyers on Facebook groups and TikTok. Most of them scammers disappear when you ask them to show their license. They even block you.

    My close friend was scammed by TikTok fake lawyer recently.

    This fake immigration lawyer goes live on TikTok every Sunday. He act as very spiritual person and he put himself as the one on a good side fighting the evil (USCIS and the government). As a result some innocent and desperate immigrants including my friend were scammed out of money by this person. Good thing it was not a lot of money but still scam is scam. We requested him to show us his license to practice law but he blocked him from his TikTok page. Later we found out this person was indicted by grand jury at state of New Jersey for practicing as immigration lawyer without license and submitting made up stories for VAWA and U-Visa application. This person is not even in USA at the moment since he was avoiding arrest and he is currently living abroad and uses WhatsApp for consultation. This is just one example and there could be hundreds if not thousands out there scamming people so it’s necessary to be cautious and follow these steps suggested by Jason.

    Be cautious out there everyone!!!

    Reply
    • Thank you for the comment. Unfortunately, the internet makes scamming easy, and so it is very important to be careful before sending money or personal information to anyone. Take care, Jason

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  5. Hello Jason, I hope you are doing well.

    I have had an asylum interview little more 13 months ago, and case is still pending with USCIS. Emailed asylum office and they said its for sure pending and unfortunately they cannot do anything about it nor can provide ETA on the decision. I waited for my interview for more than 5 years. And waiting for this decision is getting more unbearable.

    From your experience, can you pls tell me what might be the reason for this long wait? Are background checks taking too long nowadays? And what would you advise someone like me to do (email to congressman or mandamus) or waiting is just only best option?

    P.S. Thank you so much for your continuous efforts on everything you do for asylum seekers

    Reply
    • The most common reason for long waits is the background check, but there are lots of other possible reasons. The agency has shifted its focus to fraud, and so there are less resources for actually processing cases. All asylum decisions were paused for a period of months, though that particular pause seems to have ended. Also, if you are from a “banned” country, decisions for those cases were on hold until recently, though that pause is also ended, at least for now (it may return, depending on what happens in a federal court case). Given how long you have already waited, you could probably file a mandamus lawsuit to force the asylum office to issue a decision. Talk to an attorney in your area who does such cases if that is an interest. Take care, Jason

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    • Thankl you for your response Jaaon, Did you see todays interim rule sending all pensing asylum applicants to immigration court without giving applicants chance at the interview? Can you pls advise how it will affect applicants with already pending decisions?

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      • The rule does not send all cases to the court. It allows the asylum office to send cases to court where a bar may apply. So for example, if you filed after one year in the US, the asylum office might decide that the one-year filing bar could apply, and send the case to court for that reason. We will have to see how this rule is implemented. It may affect few people or many people. I think it is still too soon to tell. Take care, Jason

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    • Thank you for your response Jason, Did you see todays interim rule sending all pending asylum applicants to immigration court without giving applicants chance at the affirmative interview? Can you pls advise how it will affect applicants with already pending decisions?

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  6. Hi dear Jason and fellows, anyone who has been granted asylum and filed for greencard received any update? We filed on Nov 2024 and we are not from the banned countries, there is no movement on our case thinking may be someone timeline can give us some idea that which year uscis is issuing greencard.

    All comments and feedbacks are appreciated.
    Thank you.

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    • We have seen some people receive green cards recently, and I think 2 years is not really outside the normal wait time these days, unfortunately. It may be worthwhile to check the processing time at http://www.uscis.gov and see whether you can make an inquiry. Also, you can ask your Congress person for help, and they can inquire too. You can find their contact info if you follow the links under Resources called House of Representatives or Senate. Take care, Jason

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    • I filled in July 2023 and only received my GC last month after such a long wait . My congress person office helped me to find out why it was delayed and I think they challenged the office to send the GC . Like Jason said , share the challenge you are going through with your congress person . They might help.

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  7. Hi Jason,

    I have been following recent news about ICE detaining asylum seekers who have pending asylum cases, no criminal history, and with valid work permits.

    News like this: https://www.nytimes.com/2026/07/16/us/chinese-lawyer-wu-shaoping-ice-detention.html
    and https://oaklandside.org/2026/07/22/ice-oakland-resident-detained-denver-airport-immigration/

    Is it even legal for ICE to detain law-biding asylum seekers like this? I read the article you wrote last year, but wonder if your perspective has changed and if people would be more alarmed.

    Thanks!

    Reply
    • People who entered lawfully and who have no criminal issues can be detained. However, they are eligible for a bond from an immigration judge (as opposed to people who entered the US unlawfully and who cannot seek bond from an immigration judge unless they first file a habeas lawsuit). In the past, such people were rarely detained, but recently, we are seeing more detentions of this sort. Not only is the detention traumatic and expensive (to hire a lawyer and pay for a bond), but detentions often cause the asylum office or USCIS to lose jurisdiction, meaning that they do not have the case anymore, and the person must do their case in immigration court. It is yet another way to terrorize non-citizens. I think anyone with a pending case needs to be careful and have a plan in place in case they are detained. Take care, Jason

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  8. Hi Jason, I applied for my i485 based on asylum approval over a year ago, i did biometrics then, and my case status showed “‘fingerprints were taken” then, but today I received a notification that my case status was updated to the same status ‘fingerprints were taken” but now shows today date. Does that means I should expect some movement on my application soon? Thank you

    Reply
    • I have seen something similar recently. Unfortunately, the online messages are not very clear and sometimes seem to change for inexplicable reasons. I do not think they say much about the time frame of a case, and while it is possible that this change indicates some progress, I do not know. Take care, Jason

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  9. We’ve been waiting since March 2017 for our first USCIS affirmative asylum interview, but nothing has been scheduled online. Last year I paid a $100 fee and acknowledged the papers. Do you know when we should expect a call? Nowadays, is it better to rely on online updates or should we wait to see if we receive mail at our PO box?
    Thanks

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    • It is difficult to predict, but they are moving through their cases and it is a good idea to make sure you are ready, just in case you get called. They would send you a paper notice, which you need to attend the interview. You would also get a message online that the interview has been scheduled (but the online message will not tell you the date). Take care, Jason

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  10. I am seeing lots of news report that ICE is arresting asylum seekers at the airport, even though those people entered the country on visa, with no criminal record. Can you comment on this, what can we do to protect ourselves?

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    • I have started to see reports about that as well, where people are arrested who entered the US on a visa, filed for asylum, and had no criminal record. I do not think these arrests are very common, but it is difficult to get a sense of the numbers. I suppose one purpose is to frighten asylum seekers and make their lives more difficult. It is probably better for asylum seekers to avoid domestic air travel if possible, as the risk is not zero, but I have had clients fly recently with no problem (aside from the extra stress of worrying about ICE). If you have to travel (and even if you are not traveling), you should have a plan in place in case you are detained. There are a lot of websites that discuss this, and I wrote about it here: https://asylumist.com/2025/01/29/are-asylum-seekers-safe-from-ice/. People who entered the US legally are eligible for release on a bond from an immigration judge, and so if you have a lawyer, make sure a friend or family member can get in contact with the lawyer as soon as possible if you are detained, so they can start the bond process to get you released. I do think for people who entered lawfully and who do not have criminal issues, the chances of being detained are still quite low, but there is some risk and it is best to be prepared. Take care, Jason

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  11. Hi Jason,

    How are naturalization applications looking for you right now? It looks like denials are up based on the recent reports. Have you noticed that on your side? I am particularly worried about tax issues, I heard payment plans are now a red flag that results in a lot of denials. I had a bounced payment with the IRS in April 15th and I didn’t know that until I received a letter from the IRS and I took care of it and paid the balance off immediately. But when I download the compliance report it still shows that my payment was late for that particular tax year. I am worried my application maybe compromised. This is the only point that worries me.

    Reply
    • If a person has overdue taxes, they are required to submit evidence of their taxes for the last 5 years (3 years if the applicant got a GC by marrying a US citizen and is naturalizing on that basis). I have not seen a case where a person was denied for using a payment plan or paying late when they have already paid all their taxes, but these days, you have to be extra careful. Certainly, you can have a lawyer look at your situation to be certain, but if all taxes have been paid, you can submit evidence about that (and all your tax transcripts for the last 5 years) and evidence about the bounced check problem and how you resolved it, and I would expect you to be fine. Take care, Jason

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  12. Hi Jason. We are are Asylee with GC living in usa. My derivative family member done marriage in our home country Pakistan in August 2023 and applied i130 in August 2023 in USCIS. 35 months passed but still no reply. We done quiries 2 times by congress man but reply by uscis was that workload. Yesterday i saw NVC Visa Bulleton for August 2026 that Priority date for F2A Catagory was 22 July 2026. So What should do in this situation?

    Reply
    • USCIS processes I-130 petitions more slowly when they are filed by a green card holder (as opposed to a US citizen), since there is usually a wait time when a GC holder files for a family member. However, your case seems to be particularly slow. You might talk to a lawyer about filing a mandamus lawsuit to force USCIS to process the case. That is the best way to move things along when there is a delay like this. Take care, Jason

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