Earlier this week, a new rule went into effect, which permits the Asylum Office to send certain affirmative asylum applicants to Immigration Court without an interview. The purported justification for the rule is “to reduce the backlog in the asylum system,” and–in the double-speak of USCIS–to “protect individuals who genuinely fear persecution and… help ensure that resources are directed to the timely adjudication of those claims instead of to those seeking to use the system as a loophole.”
I suppose denying cases without bothering to adjudicate them will save time. It will also reduce the backlog, at least the backlog at the Asylum Office. But shifting tens of thousands of cases to Immigration Court will increase the backlog there.
Here, we’ll take a look at what the rule says, how it might impact affirmative asylum seekers, and what you can do about it.
In some ways, it is easier to describe who is not affected by the rule. There are two broad classes of people who are not affected. One category is clearly defined. Anyone who is lawfully present in the United States is unaffected by the rule. Put another way, if you are in the U.S. and you are still in lawful non-immigrant status, such as B, F-1, H1b, L, etc., your asylum case cannot be denied without an interview.
The other category of unaffected asylum seekers is a little trickier. The new rule “does not impact USCIS interviews for cases where the alien is not barred from applying for or receiving asylum, not ineligible on the merits of the claim, and may merit a grant as a matter of discretion.” In other words, an asylum seeker is not affected by the rule where (1) the applicant is not barred from asylum due to the one-year filing bar, a safe third country agreement, a criminal issue or due to some other bar to asylum; (2) the application states a claim for asylum, meaning that the non-citizen has expressed a fear of return based on a protected ground; and (3) the person would not be denied asylum as a matter of discretion due to, for example, bad moral character or other negative factors. People who satisfy these requirements will not have their case denied and sent to Immigration Court without an interview.
These different requirements raise a few concerns, such as: How does the Asylum Officer determine that a bar applies? For the one-year bar, will the AOs simply refer to court every case where the person filed after a year in the United States? Or will they examine evidence for an exception to the one-year bar? We don’t know.
Another worry is the safe third country bar. The new rule describes this bar as follows: “an alien cannot apply for asylum if he or she can be removed, pursuant to a bilateral or multilateral agreement, to a country in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion and where the alien would have access to a full and fair procedure for determining a claim to asylum.” The Trump Administration has been entering agreements with many different countries to accept our asylum seekers. So far, this has only affected people in Immigration Court. Whether these agreements will be used to deny asylum at the Asylum Office remains to be seen. If so, these agreements should only apply to people who entered the U.S. on or after November 19, 2019. If you entered the country before that time, the safe third country bar would generally not apply to you.
A third issue is whether the asylum application states a claim for protection. In other words, does the I-589 form describe any past harm and your fear of future harm? Does it explain why you suffered past harm and fear future harm? If your I-589 states only that you will submit an affidavit in the future, or if it contains very few details about what happened and why, it may not be sufficient and could be dismissed. What’s particularly unfair here is that asylum applications that were perfectly acceptable at the time of filing may not be adequate today.
According to the Washington Post, under the new rule, as many as 444,000 cases could be transferred from the Asylum Office to Immigration Court. That represents nearly a third of all cases pending at the Asylum Office.
If you are worried about dismissal, what can you do?
First, review your application. If it seems incomplete or inadequate, you may want to submit evidence or a more detailed written statement explaining why you need asylum. For asylum seekers who filed online, this is easy, but for everyone else, they will need to mail a hard copy of any new information to the local Asylum Office and hope the new filing gets matched with their case.
Even if you do not submit all your evidence now, it is a good idea to gather your evidence and have it ready, in case you get scheduled for an interview.
Also, if you have not done so, try to pay the Annual Asylum Fee. The system will not always accept payment, but if not, take a screen shot of the rejection so you have a record of your efforts.
Finally, remember that even if your case is referred to Immigration Court under the new rule, it is still possible to win asylum before an Immigration Judge. While the situation is more difficult today, asylum seekers who gather evidence and address legal issues can maximize their chances for success at the Asylum Office or in court.
Hello, My parents are applying for IR-5 immigrant visas as parents of a U.S. citizen. They attended their visa interview and were placed under 221(g) administrative processing. The consular officer requested additional documents, which we submitted.
Their cases have been delayed because they are nationals of one of the 75 countries affected by the January 2026 immigrant visa issuance pause. Does the lifting of the 75-country immigrant visa issuance pause apply to pending IR-5 cases that were previously held because of the pause?
Since they have been waiting for a decision, can they redo their medical examinations if the previous medical examinations have expired?
Is there anything we should do now to request that the embassy review and finalize their cases?
Thank you for your guidance. We would especially appreciate clarification on whether the lifting of the 75-country pause means that pending IR-5 cases can now proceed to visa issuance.
As far as I know, the pause on the 75 countries is no longer in effect (due to a court order). However, the government has now paused all immigrant visas while they do some type of review of the visa process. This is obviously their effort to avoid complying with the court order, but for now, we do not know how long this new pause will last.I do not think they should re-do the medical exam unless they are asked to do that. You may want to contact your Congress person about this, just to have that communication started and to see if they can assist – you can find their contact info if you follow the links under Resources called House of Representatives or Senate. Take care, Jason
Hi Jason,
The person entered the U.S. on a B1/B2 visa five years ago and applied for asylum within the first six months, while still in status. They have no criminal issues, so am I correct that the main reason USCIS might refer the case to immigration court without an interview would be if USCIS determines that the person does not have a valid basis for asylum?
A lot has happened in the past few years, and the case is now significantly stronger than it was when the I-589 was originally filed. Would you recommend submitting supplemental evidence and an updated I-589 and declaration to USCIS in the hope of strengthening the case and avoiding a referral without an interview? Or could doing so risk drawing unnecessary attention to the case?
I guess the concern is that, once USCIS opens and reviews the case to add the supplemental evidence, the officer might be more inclined to refer it to immigration court rather than leave it pending. On the other hand, if nothing is submitted, it could potentially take years for USCIS to get to the case anyway.
What would you do in this situation?
Thanks so much in advance!
The issue is not whether the case is strong, but whether it states a claim for asylum. In other words, does it explain why the person was persecuted or would be persecuted in the future? Are there any bars to asylum (one year bar, firm resettlement bar, etc.)? Assuming there are no bars and the original application states a claim for asylum, the case should not be dismissed without an interview. If you think it could be dismissed, you can supplement the form with additional evidence or an update sheet for the I-589 itself. I wrote about how to update the I-589 in a post dated July 6, 2022. You do not need to submit a new I-589 form. Rather, you just submit a page or two (or however many pages are needed) to update the form that was already filed. Take care, Jason
Dear Jason,
Thank you very much for your advice. I understand your concern that it may be difficult for me to obtain a B-1/B-2 visitor visa because the consular officer may believe that I would not return to Kenya.
I would like to ask you a more specific question about my circumstances because I want to make sure that I do not violate U.S. immigration law or make a statement that could negatively affect me in the future.
Suppose that I apply for a B-1/B-2 visitor visa and truthfully explain that I want to visit my U.S.-citizen brother in the United States and stay with him in his existing home. My brother has a spare bedroom, so I would not need to pay for hotel accommodation. I am considering a visit of approximately six months.
If I were admitted to the United States as a visitor and, after entering the United States, my circumstances or thinking changed and I decided to seek asylum, I would potentially file Form I-589.
Would that situation create an immigration problem for me?
In particular, I would be grateful if you could explain:
If someone enters the United States lawfully as a B-1/B-2 visitor and later decides to apply for asylum, can they legally do so?
Could the person be required to leave the United States or be returned to the country from which they came while the asylum application is being considered?
Does the fact that someone comes from a country affected by war or serious conflict change the situation?
If the person genuinely did not make the decision to seek asylum until after entering the United States, would that be treated differently from someone who had already decided before obtaining the visitor visa that they intended to seek asylum?
If I already know before applying for the visitor visa that I am considering seeking asylum and ultimately want to build a permanent life in the United States, what am I legally required to disclose to the consular officer?
Would it be considered misrepresentation if I told the officer that my purpose was to visit my brother if, in reality, I had already decided before the interview that I intended to enter the United States and seek asylum?
If I have a genuine temporary purpose of visiting my brother but also have concerns about my safety and future as a refugee, how should I explain those circumstances truthfully during the visa interview?
My concern is that I do not want to hide information that I am legally required to disclose, and I also do not want to make a false statement that could later be considered immigration fraud or misrepresentation.
At the same time, I am trying to understand the difference between:
entering the United States genuinely as a temporary visitor and only later deciding to seek asylum because circumstances change; and
already intending before obtaining the visitor visa to seek asylum and remain permanently in the United States.
Because my ultimate goal would be to find safety and, if legally possible, establish a new life in the United States, I want to understand the legal consequences before I take any action.
I would also appreciate your advice about whether I should speak with a U.S. immigration attorney before submitting a DS-160 or applying for the visitor visa. If you know of any lawyer or organization that could advise someone in my circumstances, I would be very grateful for a referral.
Thank you again for taking the time to advise me. I want to handle this honestly and legally and avoid making a mistake that could affect any future immigration or asylum options.
WHAT DO YOU THINK I HOPE A POSITIVE ANSWER AND PLEASE CONSIER MY QUESTIONS WITH GOOD ANSWERS
I think you would need to talk to a lawyer about getting a visa to the US, as it really depends on the specifics of your situation, and there is just too much here to try to answer in a blog post. There are lawyers who can assist with that. If you have an intention to seek asylum once you arrive here, and you lie about that when you apply for a visa, it could have immigration consequences (and potentially criminal consequences, but I have not seen that). Some types of visas do not care about whether you want to stay permanently in the US, and so it may be easier to get an H1b visa or an L visa, if you want to try to stay permanently in the US. Other visa types (B or F, for example) will not be issued if the consulate believes you have an intention to stay permanently and so you would likely be denied such a visa if they believe you want to stay permanently in the US. It would be worthwhile to talk with a lawyer to get answers to all your questions and also to evaluate your eligibility for a visa. Take care, Jason
My friend as me to help him ask. He has a uvisa case file over 5yrs now, he was given EAD and his family also did their fingerprinting 1yrs 2months ago. He got his EAD 2yrs now. He applied for the UVisa 8/2021. Is it possible that he can get his uvisa in 2026 or 2027. And will his family get their also the same time? What can he do as he has being waiting since 2026?
He also thought about getting marry. Should wait for the Uvisa or get marry if the time will be too long to wait?
He found a white lady who he loves but have file for his family already, Is it too late to get marry? And Will getting marry affect the Uvisa application?
Can he get marry and file for just his children leaving the other lady out?
What options he has? Or he have to just wait a few more years for the Uvisa? How long?
It sounds like he is getting close to completing the U visa process and getting a green card, but I do not do such cases and I am not very familiar with the time frames. It terms of marriage, whether that will work depends on many factors, including whether he entered the US lawfully and whether he has prior immigration or criminal issues. Also, whether his family members could benefit from his marriage and also get green cards depends on their age, relationship to him, and their own criminal and immigration issues. I think your friend would do well to talk to a lawyer about the specifics of his situation to determine his options, as it will depend on many factors and I cannot tell from your question whether he (or his family) would be eligible to get status based on the marriage or the U visa. Take care, Jason
A friend has an, Appeal place in for 6yrs now after the removal order, that is still pending decision 6yrs now. She was given EAD till 3031, What next? What can. She do? Keep waiting? How long will she have to wait for a final decision after an appeal? Will she wait to inquiry in 2031? Or what?
She also has a Uvisa case pending for almost 6yrs now. She got EAD and waiting for the actual UVISA. How long will she have to wait to get the final Uvisa since it’s being 5yrs now?
She told me she tried check on Google and they told her 2026-2027.
I am not completely sure I understand the situation. But assuming that your friend’s case is with the Board of Immigration Appeals (BIA), I think she should talk to a lawyer about the U visa to see whether she might be able to ask the BIA to remand (send back) her case to the immigration judge and try to get the case dismissed based on the U visa. It would probably be better to get her green card based on the U visa (if that is possible) rather than take her chances with the appeal, as appeals are difficult to win. Take care, Jason
Dear Jason,
I am writing to ask for your advice regarding my situation as a UNHCR-registered refugee in Kenya and my possible application for a U.S. B-1/B-2 visitor visa.
I am currently registered with UNHCR as a refugee and have lived in Kakuma Refugee Camp, Kenya. I would like to apply for a visitor visa through the U.S. Embassy in Kenya. I have a brother who is a U.S. citizen and lives in the United States. He is hardworking and has a two-bedroom home where he lives with his wife. They have one spare bedroom, and my brother is willing to invite me to stay with him during my visit. Therefore, I would not need to stay in a hotel. i think staying in a hotel is costly for 6 months visit which is around 20 000 dollars but no need because my brother has a spare room for me.
My brother can provide an invitation letter explaining that I would stay in his home. However, he may not have a bank statement showing substantial savings because he has already arranged to accommodate me in his existing home. I would like to know whether this would be a problem for my visitor-visa application and what evidence I should provide regarding the cost of my trip and accommodation.
I also want to be completely honest about an important part of my situation. I have experienced very difficult circumstances as a refugee in Kenya. Resettlement opportunities are extremely limited, and I have not been able to obtain a durable solution through resettlement. I have considered whether I may seek asylum in the United States because of my circumstances.
My main concern is how I should answer the consular officer if I am asked about the purpose of my trip. I do not want to provide a misleading answer or conceal information that I am legally required to disclose. At the same time, I am unsure how my refugee situation and possible interest in seeking asylum would affect my eligibility for a B-1/B-2 visitor visa.
If the consular officer asks me, “What is the purpose of your visit to the United States?”, should I explain my refugee circumstances and my interest in seeking asylum, or should I explain that I want to make a temporary visit to my U.S.-citizen brother and stay with him?
I would greatly appreciate your advice on:
Whether I am eligible to apply for a B-1/B-2 visitor visa in Kenya as a UNHCR-registered refugee.
Whether staying with my U.S.-citizen brother rather than in a hotel is acceptable.
Whether my brother needs to provide bank statements or other financial documents.
What documents I should prepare to demonstrate my circumstances and the purpose of my trip.
How I should truthfully answer questions about my purpose of travel and any possible intention to seek asylum.
Whether my refugee status and lack of a durable resettlement solution could affect my visitor-visa application.
Whether there are any risks I should understand before applying for a visitor visa given my circumstances.
I want to follow the law and be completely truthful with the U.S. Embassy. I do not want to make a mistake on the DS-160 or during the visa interview that could negatively affect my future immigration options.
Thank you very much for taking the time to consider my situation. I would be grateful for any guidance you can provide.
I do very little consular processing and so this is not something I know much about. I do think that it will be difficult to get a visitor’s visa to the US in our circumstances. If the consular officer believes you will remain in the US (to seek asylum, for example), that would most likely cause your visa to be denied. You would need evidence that you plan to leave the US at the end of your visit, and normally, that would be evidence of a job, property, family, etc. in your home country. You may be better off seeking a work visa (such as H1b or L), which does not require a promise that you will leave at the end of your visit. Maybe you or your brother want to talk with a lawyer to go over the specifics of your situation, as there may be other ideas for you as well. Take care, Jason
I would appreciate your advice regarding my family’s chances of obtaining a U.S. B1/B2 visa again.
We entered the U.S. in 2016 on B1/B2 visas and applied for asylum within a few months. At the time, our lawyer advised us that we had a genuine basis for the asylum case. We remained in the U.S. for almost 10 years while the case was pending.
In March 2026, we voluntarily left the U.S. and returned home. We followed our lawyer’s guidance on how to leave and what steps to take. After our departure, we informed USCIS, and they confirmed that our asylum case was closed. We did not receive a removal order.
We have a daughter who is a U.S. citizen. Our son was born on December 25, and we would eventually like to visit the U.S. to celebrate his birthday, see friends and family, and revisit places that were important to us.
We now have strong ties at home. I own a business, an apartment, and have savings of slightly over LKR 10 million.
Would six months after leaving be too soon to apply for a B1/B2 visa? How would an officer likely view our previous asylum history and voluntary departure? Would our current business, property, savings, and other ties help demonstrate our intention to return, or would it be better to wait longer?
There is no mathematical answer to this, but I think you would likely have a hard time getting a tourist visa (B visa) to the US. It sounds like you would normally qualify, given your ties to your country and your assets, but the consular officer has complete discretion to grant or deny the visa, and the fact that you previously entered on a visa and overstayed for 10 years makes me think it is unlikely they would be willing to issue a new tourist visa. Again, you can try, and you can get a lawyer to assist to make the strongest application possible. Maybe it will work, and if not, you only lose the time and money you put into the application. So given that being denied is not so terrible, there is little reason not to try. I just think you should keep your expectations in check; but you never know, maybe you will get lucky. Take care, Jason
Hi Jason,
Thank you for your reply.
I just wanted to clarify a few points regarding our immigration history.
We did not overstay our authorized period of stay. When we entered the United States on our 5-year multiple-entry visa, our I-94 authorized us to stay for six months. We applied for asylum approximately three months after our arrival, while we were still within the authorized period of stay.
In March 2026, we left the United States and returned to our home country before the scheduled interview date for our asylum application. We did not miss or fail to attend the interview. Before the interview date came, we contacted the USCIS office in writing and informed them that we had left the country and requested that our asylum application be closed.
We subsequently received a response from the same office confirming that our application had been closed.
I just wanted to clarify these details so there is no misunderstanding regarding our immigration history.
Thank you again for your time and assistance.
Please correct me if I miss understood anything or anything that I should have known before we left. We believe we did the write thing by writing to them and closing our application.
@DREAMS
Dude, you totally overstayed your visa and have been living in the US illegally! What are you even saying? A pending asylum application has never been a legal status! Just a little tip: save your cash and don’t bother applying for a US visa anytime soon; your chances are basically zero! The officer might even laugh at you for having stayed 11 years illegally with a useless pending case that didn’t give you any legal status, and now you want to come back as a visitor? Please, lord have mercy on us! If people actually used their brains, I swear the world would have way fewer issues.!!! IF YOU GET THE VISA I SWEAR TO GOD, I WILL BUY YOU THE FLIGHTS!!! THERE IS 0.0000% CHANCE that will ever happen! maybe when your kids grow up and move here then they can apply for a petition for you in 15-20 years
@sssss
Next time before you put so much negativity from your brains. Learn the rules a little more and try to spread kindness with already dying world we live in. If not wait for Jason to reply to people who write to him.
This person has no unlawful presence may be should have learnt rules a little more better while reading so you could have helped this person rather than show so much hatred. Knowledge is power if you did not know that.
May god help your negative soul to have some empathy towards humanity if mind can handle it.
You do not have any unlawful presence in the US, as you filed for asylum while you were still “in status,” and for that reason, you do not have a legal bar to returning to the US. However, you overstayed your B visa by filing for asylum, and I expect the consulate will consider that (as a matter of discretion) when they decide whether or not to issue a new visa. I certainly think you can try to get a visa, but I am not very optimistic given the prior asylum application and the generally harsh approach to immigration. I do think you did the right thing by withdrawing the case after you left – if you had not done that, you would eventually get a deportation order, which would make it even harder to return legally to the US. Take care, Jason
I applied for AOS based on approved asylum, I made a mistake on my i485 application, I marked that I didn’t worked unauthorized but I just recently learned that your EAD automatically extends when you apply for renewal before it expires which in my case was expired and I applied after 3 months or so. What is the best and proper way to handle that mistake so I dont face any big issues during the interview.
Thanks in advance.
I am not 100% sure I understand exactly what you did wrong. You worked without permission at some point and failed to note that on the I-485? If so, you should submit a correction to the I-485 stating that you did work without permission and explaining the error. You can send that to USCIS now (to the last address that sent you mail, and make sure to include a copy of the receipt so your new information can be matched to your pending case), and you can also bring a copy to your I-485 interview to give it to the officer at the start of the interview. Hopefully, it will not be a problem, but in the worst case, USCIS may require you to file an I-602 waiver, where you have to ask forgiveness for the “sin” of working without permission (and possible for the other “sin” of failing to disclose the unauthorized work). Such a waiver is generally easy to get at this stage of the process, but it is very difficult to get a waiver if you get a green card and need the waiver later on. For this reason, it is much better to correct the problem now. Take care, Jason
Hi Jason I just read one of you answer when you mentioned legal standard for convention against torture, could you please explain the legal standard? Also, are people who are granted convention against torture are eligible to remain in the country or work to support themself? Can someone adjust status if granted convention against torture, I mean adjust through other category they might be eligible? And lastly, do the one year dealine after arrival apply for convention against torture?
I wrote about most of that here: https://asylumist.com/2018/04/25/the-what-and-the-why-of-torture-convention-relief/, and maybe that would be of interest. The problem these days is that the government is trying to deport people with Torture Convention to third countries. Aside from that, a person with Torture Convention cannot get a green card based on having protection under the Torture Convention (maybe they can get a green card some other way). The one year deadline does not apply to a claim for protection under the Torture Convention. Take care, Jason
Hi Jason,
USCIS recently released a memo informing that officers could outright deny cases that lack initial evidences of eligibility without issuing request for evidence. I’m applying for naturalization and I submitted the form with a copy of my green card (front and back) I did not submit the approval letter of the asylum office nor do I think it’s a requirement. I also did not submit my tax transcripts but I intend to bring them to the interview. I do not have an interview date yet. It’s been 8 months. Do you think that with the new memo, I could be denied outright for not uploading the tax documents? It’s not clear what is an “initial “evidence of eligibility for naturalization.
As usual, they are changing the rules without really telling us what the new rules actually are. I normally do not include the asylum approval letter or tax documents for clients when I do their N-400 cases, and I do not think that those are required and I do not think your case would be dismissed for failing to include them. That said, if you filed online or have a USCIS account (or can create one), you can easily upload those additional documents to the case. There is no harm to including those documents, and if this is a concern, you might as well upload them. Take care, Jason
How check box withholding of removal on I589 affects affirmative asylum applications? Do you suggest to check on updating i589 prior interview?
Do you mean the Torture Convention checkbox? Every application from asylum is automatically an application for Withholding of Removal. You can also check the boxes for Torture Convention and complete the question about that. The legal standard for Torture Convention is different than asylum. Also, the Asylum Office cannot make a decision on a Torture Convention claim (only an Immigration Judge can do that). Unless the Torture Convention very clearly does not apply, we always check the box for that, as there is no reason not to, but you can review the details of your case with a lawyer to see whether the Torture Convention applies. Take care, Jason
How check box withholding of removal on I589 affects affirmative asylum applications? Do you suggest to check on updating i589 prior interview?
Do you mean the Torture Convention checkbox? Every application from asylum is automatically an application for Withholding of Removal. You can also check the boxes for Torture Convention and complete the question about that. The legal standard for Torture Convention is different than asylum. Also, the Asylum Office cannot make a decision on a Torture Convention claim (only an Immigration Judge can do that). Unless the Torture Convention very clearly does not apply, we always check the box for that, as there is no reason not to, but you can review the details of your case with a lawyer to see whether the Torture Convention applies. Take care, Jason
Hey Jason,
I have a question regarding writs of mandamus and whether filing more than one throughout my immigration journey could have any negative consequences.
In 2023, I filed a writ of mandamus regarding my Form I-485 because of an unreasonable delay. I am now considering filing another writ of mandamus for my pending Form I-131 Refugee Travel Document if USCIS does not adjudicate it soon in 4-5 days, as it has now been pending for over 15 months.
Looking ahead, I’ll file for naturalization next year and if my future Form N-400 were to experience an unreasonable delay (more than 7-9 months), I might consider filing a third writ of mandamus.
My concern is whether filing 3 mandamus actions against USCIS over the years could negatively affect me in future immigration matters. Could USCIS view me unfavorably, scrutinize my cases more closely, or otherwise treat me differently because I have previously exercised my right to seek judicial relief? Or is each mandamus action viewed independently based on the specific application and the facts of that particular case? i just can’t handle USCIS unreasonable delay anymore as i call it bs.
It is very unfortunate that you have to do that, but USCIS is not doing its job and so a mandamus is certainly justified. I have not heard about USCIS retaliating for a mandamus case, and so I think if you file more than one, it would not cause them to retaliate. You might talk to the mandamus attorney (if you have one) to see if they have a different experience. Take care, Jason
Thank you, Jason. I really appreciate your response.
Honestly, if USCIS continues these unreasonable delays, I am willing to keep filing writs of mandamus until I finally become a U.S. citizen next year. I have no problem using the legal remedies available to me whenever the agency fails to do its job.
What frustrates me the most is the lack of consistency. I constantly see cases filed months later being adjudicated before much older cases. Watching applicants who filed 10 months ago receive decisions while people who filed 14 or 15 months ago are still waiting makes the process seem arbitrary and unfair. That is something I simply cannot accept.
I sincerely hope USCIS improves its processing, but if not, I will continue exercising my legal right to seek judicial review whenever there is an unreasonable delay especially that I’m not from a banned country at all.
I agree with your plan, though again, I think it is unfortunate that you are forced to file a lawsuit to get the service that you are entitled to – and paid the (expensive) filing fee to receive. Maybe if the backlogs at USCIS go down, they will become more fair in how they adjudicate cases, but at this point, it is difficult to be optimistic. Take care, Jason
Hi Jason,
Thank you for your time and attention. My question is that why the asylum officer played dumb and threw out a few wrong details during my interview seeming to wait for my correction? Is it because he doesn’t believe me and is trying to find a way to deny me?
I don’t know, and I don’t recall seeing that before. I suppose it could be a way to test your credibility. Or maybe the officer just made a mistake because he was not familiar with the case. I think as long as you corrected the errors, it should not affect your credibility. Take care, Jason
Hi Jason,
Our lawyer filed a motion with the Orlando Immigration Court more than a year ago to terminate my wife’s case because her I-730 petition was approved through my asylum case. Since then, our lawyer has submitted three follow-up motions requesting a status update, but we have not received any response.
My wife also tried calling the Orlando Immigration Court, but the clerk said that only attorneys can speak with them regarding the case. Attorney called but no response.
My wife’s new I-94 was issued more than a year ago, but we still cannot apply for her green card because her immigration court case is still pending before the Immigration Judge.
What should we do in this situation?
Thank you.
Hi Jason,
Is it now required all asylees attened green card interviews? Any cases where they issued with an interview? Also is it true now lawyers can’t attend through video or phone anymore?
I have heard that USCIS requires interviews for all GCs. However, I consulted with someone the other day and she recently received her GC (based on employment) without an interview, so you never know. Despite this example, the large majority of people will receive interviews and you should expect that. I have heard that lawyers cannot attend asylum interviews remotely any more. I expect that is probably true for all interviews, but I do not remember specifically hearing that (of course, these agencies are constantly changing their policies and not telling anyone, and so it is difficult to keep up). Take care, Jason
Hello Attorney Jason,
Thanks for all you do? I have been reading and hearing about Airport arrests recently. They are targeting visa over stays and it looks like Airports are just the first place where they are starting. They will eventually pick people up on the streets.
Here with the news article.
https://archive.ph/2026.08.03-092820/https://www.nytimes.com/2026/07/28/us/ice-arrests-airports-visa-overstay.html
1. I have a pending Asylum case with USCIS since 2021 filed in Florida, What should I expect going forward?
2. Is there is any hope left for me? I do not have any criminal record.
3. If I am arrested by ICE what should I say or do?.
4. I know for sure that if I am sent back to my home country where I was tortured by the government, I will be arrested and surely slain. Ever since I arrived in the USA in 2021, I continued to be very active on twitter exposing and critiquing the evil government. I was later blocked from tagging the president’s twitter account and I can show it. The Government also sent out an official letter that anyone who critiques the President on social media will be prosecuted. This alone scares me in case I am ever sent back.
5. If the worse ever happens and I am being deported, can I tell which country to deport me to? I really do not want to be sent back to my home country, I will be dead meat if they take me there.
6. This is taken a toll on my mental health and I no not even know what to think or do anymore. I am so tired.
1 – You should expect an interview at some point. When that will be is unknown, and so it is best to gather your evidence and be ready. 2 – We still see people being granted, though it is more difficult these days. 3 – You have to cooperate, but you should also have a plan and a person to contact for help. If you have a lawyer, the person should have the lawyer’s information so they can take action as fast as possible to try to get you released. 4 – That is frightening, but it is also good evidence for your case, and if you can show all that to the asylum officer or judge, it sounds like you have a strong case. 5 – If you are detained, it is more difficult to choose your country, but if you are released from detention or take voluntary departure, you can choose where you go and you can go to any country that will let you enter. 6 – That is what they are trying to do, and it is working. The Administration’s policies are cruel and are designed to terrorize immigrants. I really recommend you take steps to protect your mental health: find a community to help support you, keep engaging in positive activities, make sure you are prepared for your case. We certainly do not have a lot of control over the situation, but we have some control, and taking positive steps will hopefully ease the mental burden. Take care, Jason
Hi, Janson
We are taking health insurance under Medicare plan in New York State. It’s covered for me and my kids. Will it impact us under public charge rule starting September 18th . If we go for adjustment of status in future.
If you are an asylee or refugee and you are applying for a green card on that basis, it would not affect the case. Otherwise, depending on the basis for the green card application, it could apply. If so, you would probably want to talk with a lawyer, as the rule is new and strict, and it is not exactly certain how it would be applied. For these reasons, I think it would be helpful to have as much guidance as possible. Take care, Jason
Hi Jason, i entered illegally and wanted to ask about voluntary departure. If I did it, can I later apply to come legally through marriage?
Thank you
You would want to talk to a lawyer about specifics, as there are many factors that would affect eligibility to return to the US based on marriage. Also, you would want to check whether you are eligible for a provisional waiver, which is a way to leave only for a short time and return to the US with a green card based on the marriage. If you get voluntary departure from a court, it will avoid a deportation order, which would make it easier to return, but there may be other bars to returning (such as for being in the US unlawfully or for entering without inspection), and you would want to know about those before you decide to leave with voluntary departure. Take care, Jason
Hi Jason,
Thank you for everything you do for this community. I have a questions. My parents are over 70 and they are going to apply for a green card under approved Asylum. They never work in USA and living here for more than 10 years. I took care all of their expenses until now, they are only receiving Medi-cal from the county. Can they sumbit GC application with fee waiver request. Please advice.
Thank you!
Kevin
It sounds like they would qualify for a fee waiver (form I-912, available at http://www.uscis.gov). Also, there is no public charge requirement for asylees, so the fact that they are not earning income should not be an issue. Take care, Jason
Hi Jason,
Hope this finds you well! I filled I-485 adjustment of status based on asylum November 2024, how long does it take to get GC these days? Is writ of mandamus an option now? Or is it normal processing time
Thanks,
I think 2 years may be normal these days, especially given that USCIS blocked all asylee adjustments for a while. It would probably even slower if you are from a “banned” country. You could probably file a mandamus now, to force USCIS to process the case, but talk to a lawyer who does such cases, as a mandamus may work after 1.5 years in some places but not in others. Take care, Jason
Hi Jason,
Appreciate your response as usual! I am from a banned country. I am in the Arlington VA office is mandamus an option? Could it cause me to get deported?
Thanks so much!
Mandamus probably is an option, but again, you would want to talk to a lawyer about the specifics of your situation. Our firm can do such a case if you want – you could email intake@MurrayOsorio.com to talk to a mandamus lawyer. I do not see how the mandamus could get you deported. If something is fraudulent with the I-485 or you have a criminal history, or if there is an issue with the asylum case, those things could create a risk for you, but the mandamus itself should not. Take care, Jason
Hi Jason,
Hope you are well. Some concerns here:
1. Are these recent arrests only happening in the airports? You mentioned it might get better later, you believe they will stop it at some point? Will it face legal issues?
2. If someone leaves the U.S. on a “voluntarily leave order”, will they face bar if they want to return later?
3. Also, what is the best email to reach out to you?
Thank you
1 – We have only heard about arrests at airports; not at train or bus stations, for example. Whether it will get better or not, either through litigation or through a change in government strategy, I do not know. These things seem to come and go, and so I hope it will get better, but I have no information about that. 2 – They definitely could. It depends on many factors, and if you want to come back, talk to a lawyer to look at your case, as maybe there are things you can do to mitigate any problems. 3 – If you need a consult, it is best to email Intake@MurrayOsorio.com and the can set that up. Take care, Jason
I have a case in immigration court since 2020 with no date in sight. I had approved 130 since nov 25. My lawyer put in a termination request to terminate proceedings in july 19th at Newark court but its 45 days now with no response.
Based off recent happening, do you have tentative or appropriate wait time to get a response for proceedings termination so one can file for a GC with uscis? Im confused about this recent happening. Pls advise
It varies by judge. The lawyer can call the clerk to ask for a status update (though the lawyer needs to be careful, as some judges are accusing lawyers of “ex parte” communication with the court when they call to ask for a status update; this is ridiculous and shows how little these new judges know about a court system, but nevertheless, the lawyer needs to be careful). The lawyer can also file another motion to ask for an update. If the judge refuses to dismiss, you can still apply for the GC in court, though that is more expensive as there is an extra fee for I-485 applications in court. Take care, Jason
Thanks for the reply Jason
Can i call Newark court myself to ask about a status update and what should be my exact words.
Also, do you have any ETA for when cases like this are terminated ? Thank you
I suppose you can call the court, but it would be a good idea to tell your lawyer your plan before you call and see what the lawyer thinks. You can find the phone number if you follow the link under Resources called Immigration Court. You would ask for the judge’s clerk, tell that person that a motion to terminate your case was filed, and ask if there are any updates on the motion. I do not know that they will talk to you if you have a lawyer, but you can ask. In terms of an ETA, it varies by judge and there is no way to predict that, as it depends on the case as well and whether DHS (the prosecutor) agrees with the motion or opposes it. Take care, Jason
Hi Jason,
Our lawyer filed a motion with the Orlando Immigration Court more than a year ago to terminate my wife’s case because her I-730 petition was approved through my asylum case. Since then, our lawyer has submitted three follow-up motions requesting a status update, but we have not received any response.
My wife also tried calling the Orlando Immigration Court, but the clerk said that only attorneys can speak with them regarding the case. Attorney called but no response.
My wife’s new I-94 was issued more than a year ago, but we still cannot apply for her green card because her immigration court case is still pending before the Immigration Judge.
What should we do in this situation?
Thank you.
It is strange that they are so non-responsive. I guess your lawyer can call again until the lawyer reaches the judge’s clerk. It sounds like your wife does not have a court date scheduled, but another option would be for the lawyer to file a motion to request a Master Calendar Hearing. If you can get in front of the judge, you can ask to dismiss the case. The lawyer could also try to contact DHS (the prosecutor) to see if they would agree to dismiss the case. If so, you can file a joint motion to dismiss, which is more likely to work. I suppose if nothing works, the lawyer can try to contact the judge’s supervisor, the Assistant Chief Immigration Judge, and ask that person to intervene. Maybe it is also to file a mandamus lawsuit to force the court to make a decision, but I am not sure about that and you would want to talk to a lawyer who does such cases to see if it is an option. Take care, Jason
Hi Jason. We have kind of similar situation. My wife is dependent on my asylum case(applied while in status more than 10 years ago) just got her i140 approved and PD is less than a month from current. But we had asylum interview 1 year ago and last month were referred to eoir. What are the chances to get gc through eb and what is the best approach? Dismissal or asking judge for adjudication?
I doubt it will be possible to get a GC once the case has been referred to court. It depends on many factors, however, and would be worth discussing with a lawyer, but unless your wife maintained lawful status until she filed the I-485 (assuming that she already filed that form), or unless she has TPS, I think she would probably need to leave the U.S. to get her GC, which may or may not be possible depending on the specifics of her situation. It is worth discussing with a lawyer to see whether there is any path for her or any other options in addition to asylum. Take care, Jason
Mr, Jason
Can u please give your opinion on
1- travel domestically on a work permit or limited term real ID these days , ( our case is scheduled for individual hearing in 2028) . We did travel around 6 months ago on work permit without any problem. But considering the current news I am very reluctant.
2 – our case is scheduled directly for individual hearing after out master hearing was canceled and we didn’t have the master hearing. Is this normal?
1 – The situation has changed and I do not think it is safe to travel domestically by air if you have no status aside from a pending application and a work permit. There are many reports of arrests at airports, and while we do not have data on the number of arrests, the risk seems significant for anyone whose status has expired and who wants to travel domestically through an airport. 2 – That sometimes happens, though if you have a lawyer, the lawyer would normally have entered pleadings and filed an application for relief. If you have a lawyer, talk to the lawyer about this, so you have an idea about what is happening in your case. Take care, Jason
Dear Jason, my fiancée entered through the southern border, was released on her own recognizance, and has immigration court in 2028. I am a green card holder.
If we get married, could she qualify for adjustment of status through marriage, or is that generally not possible because of how she entered?
It is generally not possible because of how she entered. However, if she was paroled into the US when she arrived, she may be eligible to adjust status in the US (though you would probably need to be a US citizen for that to work). It would be worth consulting with a lawyer to explore this option (and other possible options). Take care, Jason
Hi Jason,
You mention “if you are in the U.S. and you are still in lawful non-immigrant status, such as B, F-1, H1b, L, etc., your asylum case cannot be denied without an interview.” What exactly does “still in lawful non-immigrant status” mean? I have some friends who are still waiting for an interview for years, and the visas/admission periods that they used to enter the US have expired (former B2, F1, J1 holders).
Thanks,
M
If the period of stay has expired, they are no longer in lawful status. So for example, if the person came to the US on an F-1, but is no longer a student, then that person is out of status. Take care, Jason
Hi Jason,
Hope you are doing well! A friend of mine is an asylee through her parents who were granted asylum. They applied when she was a minor and got granted when she was around 27, now she’s getting married to a US citizen does her asylee status stay because she wants to apply green card through that or will she lose status and needs to apply through spouse? What happens to her asylum work permit?
Thanks!
If she marries before she gets the GC based on asylum, she will not be able to get a green card based on her asylum status unless she files a nunc pro tunc asylum application first. This process is basically a formality, but it could delay her ability to get a GC by years. You can learn more about the loss of derivative status here: https://www.uscis.gov/policy-manual/volume-7-part-m-chapter-2#footnote-6. If her spouse is a US citizen, maybe she could get a green card based on the marriage instead, but if she needs a waiver for any reason (such as unlawful work in the US or a criminal issue), she may be better getting the GC based on her asylum, as there is a better waiver available for asylees. I would recommend that she talk to a lawyer about this to evaluate her options, as the best approach really depends on her goals and the specifics of her situation. Take care, Jason
Thank you!!
Why asylum advocates never achieved anything major compared to the negative policies established by the congress/president/dhs/doj…
I cannot think of anything majorly positive that is achieved by asylum advocates. Why it’s always the anti-asylum people are gaining ground.
The asylum is becoming harder and harder to win, and what have you guys been doing. If the asylum community couldn’t change the electorates’ opinion with regard to asylum seekers…then anti-asylum politicians will keep getting elected. Any small victory in front of EOIR for individual seeker will pale in comparison to the sweeping harm done the EOIR.
Stoking fear and hatred of “the other” based on lies is a great way to get votes, unfortunately. Mr. Trump and many other politicians have used this as a way to win elections, and now they are implementing their hateful policies. Advocates and people who care about democracy are pushing back as hard as they can. Hopefully, you are doing what you can to assist as well. Take care, Jason
hey jason!
do you think this new rule will be contested in court and halted?
and do you think filing a mandamus lawsuit is now risky since they may refer you to court instead of fast tracking your affirmative interview?
I expect it will be challenged in court, though I am not sure about the likelihood that such a challenge will succeed. If you have a strong case and have addressed the reasons that could potentially result in denial without an interview, I think it is ok to file a mandamus. Of course, talk to a lawyer about the specifics of your asylum case to be sure you are in a good position to avoid denial and whether it makes sense to file a mandamus. Take care, Jason
Hello everyone. Hello Jason. I wrote earlier about the situation of my friend who has withholding of removal granted 3 yrs ago, and was under ICE custody since March. Writ of Habeas in motion. He could not be deported to his own country, so they deported him to Africa yesterday, more precisely to Central African Republic. Until the moment he finally landed in Bangui, he did not know where he was being deported, nor did they inform anyone about the deportation. People with withholding of removal are getting deported to Africa, and if they are not of African origin, most likely CDR is their final destination. He is from Eastern Europe. People from Turkey, Azerbaijan, Jordan, Armenia, Iran, etc.. were also on that flight and were left there. I wanted to share this in case someone needs to know, because we went through hell for five days living in the dark. Especially him.
It looks like withholding of removal doesn’t mean anything anymore. Be safe out there!
It is a horrific human rights abuse to send someone to a random country that is already unsafe, after we offered them protection. Technically, of course, people with WOR can be deported to a third country. However, that never really happened until recently, and so people agreed to WOR or received that status with the understanding that they would stay here where it is safe. My guess is that your friend will not be safe in the CAR, and that he could be detained there or deported from there back to his home country. In some cases, it is possible to bring people back to the US after a third country removal, and maybe that is what is happening in your friends case, but even if he returns, this has been a terrible violation of his human rights, and it is a great shame on our country that we treat people in this manner. Take care, Jason
Hello Jason.
Many immigration lawyers are advising non-US citizens and Green Card holders to avoid domestic travel. If they must travel, ensure they have a valid current visa on their passport (just a valid I-94 isn’t sufficient). What are your thoughts on this? What about asylum seekers and those who have been granted asylum? As an anecdote, I heard that two individuals in my workplace were stopped at the airport (domestic) and subjected to significant questioning after being released. Their visa had expired, but they had a valid I-94.
I think a person with a valid I-94, meaning that they are in lawful non-immigrant status, should be safe, and I have not heard about such people being detained. The same is true for people who have been granted asylum or who have a green card. I think for people with a pending case for asylum or something else, it is not currently safe to travel domestically by air if their non-immigrant status has already expired. We do not really have a good sense of how many people are being detained at airports, but there are many reports about this, and the risk is real. So if your status has expired, even if you have a pending application for another status, I think traveling domestically by air risks being detained by ICE. Take care, Jason
Hi Jason, thanks for your response. I’ve heard, and there are multiple documented cases within the immigrant community where people with expired visas but valid I-94s are being questioned. Examples include B1 to F1 status transfers, F1 on OPT, and B1/F1 on AOS. However, you’re right that none of these cases I’ve heard of have resulted in actual arrests as long as the status is valid. Still, for many people, it can be a matter of concern and stress if they’re taken apart for questioning during a routine domestic trip.
It is more than stress. In my opinion, it is a form of terrorism. Our government is terrorizing people who are following the rules and who are wholly innocent of any wrong doing. The purpose of this is to force as many people as possible to leave our country. Another purpose is to have an excuse for the current Administration to gain more power. For me, this is not just about harming non-citizens. It is about gaining and holding power, and it all presents a very grave threat to our democracy. Take care, Jason
Dear Jason,
I just attended my master hearing 2 days ago, and the IJ gave all of us a continuance to August 21 to find a lawyer. None of us had legal representation. My U.S. citizen son turns 21 in early January 2027. Once he turns 21, he can petition for me to adjust status. My question is: Can I ask the court for another continuance at the August 21 hearing to push the date past January 2027, so we have time to file the I-130 and pursue a green card? How likely is an IJ to grant that, and what should I bring to the hearing to prove my case?
Thank you for your help. GBU
The problem is that your son cannot even start the process until he turns 21, and the I-130 can take a year or longer. In the past, judges were more willing to give more time, but now, they are less willing to put a case on hold while you wait for the I-130 petition to get approved (the judge cannot approve the I-130; only USCIS can do that, and so you have to get the judge to wait for USCIS to do its job). It does not hurt to inform the judge about this and try to get more time – maybe some judges will do that. However, you also need to present your case, and so you should find a lawyer to assist with that, if possible. Even if you get scheduled for a final hearing, you might be able to ask for a continuance later on, depending on the status of the I-130. In the worst case, if you have to present your case (for asylum, Cancellation of Removal, or something else), and you lose, you can appeal, and hopefully at some point in the process the I-130 will be approved and then you can try to get your green card based on that approval. Take care, Jason
Hi everyone,
I’m looking for advice from anyone who has been through a similar situation.
I applied for my asylum-based I-485 (Adjustment of Status) in April 2023. My case was pending for a long time, and I never filed a Writ of Mandamus or sued USCIS.
A few days ago, I received an interview notice. My interview is scheduled in about a month at the USCIS Lawrence, Massachusetts Field Office.
Has anyone had an asylum-based I-485 interview recently in Lawrence, MA?
What kinds of questions did they ask?
How long did the interview take?
How long did it take to receive a decision after the interview?
Any tips or advice would be greatly appreciated. Thank you!
I have not done a case in MA, but in general, they review the I-485 and ask you many of the questions on the form. It is a good idea to review the forms I-485 and I-589 (asylum form) to check for any inconsistencies, and make sure you are able to explain those (I wrote more about this here: https://asylumist.com/2017/11/13/the-perils-and-pitfalls-of-applying-for-a-green-card/). These interviews tend to be relatively short (under an hour), but it depends on the case and the interviewing officer. After the interview, there can be delays with the decision, especially for people from “banned” countries (even though the ban is not currently in force for USCIS). At the end of the interview, you can ask the officer if they have any sense of the time frame on the decision, and maybe they will give you some idea about that. Take care, Jason
I have two questions. First, my wife is a derivative asylee on my case. After we filed our I-485 applications, she was arrested once in the U.S. for a shoplifting charge, but the case was dismissed before arraignment. We have the certified court disposition. Could this affect her green card application, and should she proactively disclose it during the interview or only if asked? Second, I am Palestinian, hold a Lebanese travel document, was born and lived my whole life in the UAE, and USCIS treated me as stateless during my asylum case. However, my Refugee Travel Document lists my nationality as Jordanian. For my I-485, would I be considered stateless or from one of the 39 countries that may receive additional security screening?
1 – She must disclose the arrest, and it is best to do that before the interview (by submitting evidence) or at the beginning of the interview (by submitting evidence to the officer). She would need the arrest record and the disposition (final outcome of the case). Although she was not convicted, USCIS is looking for any excuse to deny, and so it would be a very good idea to get evidence of her good moral character to counter balance the negative factor of her arrest. This could be evidence that she volunteers for a charity or other organization, she attends church or mosque, she pays her taxes, helps in the community in other ways, and/or helps her family and friends. I would also talk to a lawyer about this, as you can’t be too careful these days, and it would be good for the lawyer to check the dismissal to see whether it might have an impact on her case (for example, was the case just dismissed? Or did she get some type of probation before judgement before it was dismissed? Things like that can make a difference and a lawyer can look at the specifics to determine whether there are any issues). 2 – I am guessing you would be viewed as Lebanese for purposes of the “ban,” but I am not sure. At the moment, the ban is not in effect for cases with USCIS, and so hopefully, it will remain that way, but it all depends on a federal court case. Take care, Jason
Thank you for your response. I have one more question. My wife’s shoplifting case was dismissed before arraignment, and we have the certified court disposition. In your opinion, is this type of dismissal generally considered favorable for an I-485 application? Based on your experience, do you think this kind of case is likely to create any immigration problems, or is it usually not an issue as long as it is fully disclosed?
It sounds like there should not be a problem, as the case seems to have been dismissed with no conditions. If so, it should not affect her I-485. However, I still think it is safer to double check with a lawyer and to include evidence of good moral character. At a minimum, she needs to submit a copy of the arrest and the disposition of the case. Take care, Jason
Hi Jason!
I have been following your blog for years and I’m grateful for all you do. Today is my turn! After 10 years, I just received today a referral to the court. Basically it is a notice to appear from the EOIR to court and it is next Friday. I do not have a lawyer and got the notice today in the mailbox. What can I do if I couldn’t find a lawyer within a week for the master hearing?
Is it common to receive the master hearing notice one week to the court date?
Do you have any recommendations for lawyers in houston? Or can your firm represent me? I’m so lost right now. My interview went well but it didn’t work. Anyone reading this from Houston, has a good recommendation?
Hello Hassan and sorry for the bad news. I also had my interview at Houston office and waiting for my decision. Mine was in Feb 2024. May I ask when was yours?
Thank you, Max! My interview was this March 2026. Do you know or have a lawyer you can recommend?
Thank you for responding. I don’t think we can share lawyers info here on this blog. But I am sure Jason will guide you in this regard.
Hello Hassan Ali, I am sorry to hear about your situation. I am sure Jason will also reply with helpful advice, but I wanted to share the contact information for an immigration attorney I know in Dallas. Her name is [redacted]. She has been my family’s immigration attorney for about 11years, and we have had a very good experience with her. Currently, five members of my family are waiting for our N-400 interviews. I also want to say thank you to Jason for everything he does. He has always taken the time to answer my questions, and I truly appreciate his help. Hassan, I hope everything works out for you, and wish you the very best with your case.
Thanks Max and Khan for taking the time to respond. Receiving the today, I feel like it is such a short notice and I am so nervous. I never received a notice from USCIS directly providing an explanation why the case is being referred. I feel like this may be the new referral rule.
@Khan thanks for sharing the contact. Looking forward to hearing from Jason.
You should have a referral letter and that gives a very basic idea about the reason why the case was referred. When you talk to a lawyer they can help interpret the meaning of the letter. Also, you can do a Freedom of Information Act request to get a copy of your file. These tend not to include so much info these days, but it might help give you a better idea about what happened and will help you prepare for court. You can get more info about that if you follow the link under Resources called FOIA USCIS. Take care, Jason
That is what I thought too but I have not received a referral letter. The only letter I got was the one inviting me to court with the date ans time. Hopefully we can get the FOIA to know what was the reason and get ready for the court.
I would definitely get in touch with your office for assistance. Thank you!
The Asylum Offices (like the rest of USCIS and the entire immigration system) is a mess, and so the fact that you never received the referral letter is not too surprising. However, it is yet another example of how these agencies are disrespecting the people they are supposed to be helping by not informing you about why your case was denied. Hopefully, you can get that info in the FOIA, but you might also try emailing the asylum office to ask about the referral letter. You can find the email address if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Sorry, I have to remove the names of lawyers here, as I do not have their permission to include their name and I do not know them. Take care, Jason
I am sorry for the result. Normally, when a case is referred to court, you have a bit more time, but it is not terribly unusual (and maybe it is more normal for Houston, as I don’t do many cases there and am less familiar with the time frame). If you can’t find a lawyer by Friday, you have to go to court anyway (if you do not go, the judge will order you deported). If you go without a lawyer, the judge should give you some time to find a lawyer – it is very common for that to happen. In my area (near Washington, DC), most judges will give a month or two to find a lawyer, but again, I am not as familiar with Houston, so it may be less time. Our office can assist with a case in Houston if you want. The best thing to do is to contact our Intake person who can get things started. The email is Intake@MurrayOsorio.com. Also, I wrote this about what happens after a case is referred to court, and maybe it would be of interest: https://asylumist.com/2018/03/07/your-affirmative-asylum-case-was-denied-now-what-part-2-immigration-court-and-beyond/. Take care, Jason
Hey Jason, long-time listener first-time caller!
I’ve noticed you haven’t said anything about USCIS announcing that they’re opening two new asylum offices, one in San Antonio and one in Atlanta. Do you think this is a good sign and that it will increase their processing capabilities? Thank you for all you do.
It’s difficult to know, ad with the new rule (discussed above), they may be devoting more time to reviewing and denying cases without an interview than to actually interviewing applicants. We will have to see. I do know that previously, Atlanta was a “Circuit ride”, meaning that officers from Virginia would go there periodically to do cases, and so it makes sense that they have their own office. Whether that will actually increase processing capacity, I am not sure, but I imagine for people in the Atlanta area, it likely will increase capacity since they won’t have to wait for officers to come down from Virginia. Take care, Jason
hey Jason, do you think it’s better find a local law firm to handle one’s asylum application (pending with the USCIS) or does it not matter? i’ve been told it’s better if your lawyer is in the jurisdiction of your asylum office because they probably know the officers and the judges there and will have a better understanding of how to handle your case
I think it was true that a local lawyer was better, especially for court where we tended to know the judges. Now, however, I think it matters less, as many judges were fired and many new judges have arrived, so lawyers do not know them as well. Also, there was always a high turnover at the asylum office, and so we often did not know the officers very well. For me, the main reason to hire a local lawyer is the cost, as the courts and asylum office usually require in-person hearings, and so it is usually less expensive to have a local attorney. Take care, Jason
> as the courts and asylum office usually require in-person hearings
Do I have to have my lawyer be there with me at my affirmative asylum interview? If I don’t have to, is it better if I do?
You don’t have to have your lawyer there, but I think it is better if you do. Asylum interviews are supposed to be non-confrontational, and they usually are, but if you get a bad officer, it is better to have a lawyer there. And even if you get a good officer, it still helps to have someone there who is on your side and can help out if there are questions. Take care, Jason
Source: https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/preparing-for-your-affirmative-asylum-interview
>ALERT: Effective May 18, 2026, USCIS will no longer permit attorneys and accredited representatives to participate remotely in interviews at field offices and in affirmative asylum and Nicaraguan Adjustment and Central American Relief Act (NACARA) 203 interviews at asylum offices, except in limited circumstances. All legal representatives must be physically present to attend these interviews.
It looks like if you have a legal representative for your case, they now have to attend the affirmative interview in person?
Yes, that is the new rule. They are doing everything possible to prevent asylum seekers from having representation. Take care, Jason
Jim,
Is it safe for someone who has asylum-based GC to travel domestically in the current times if the person’s asylum application was filed 3 weeks after the expiration of the original visa?
I do not think domestic air travel is safe at this time. We are hearing many reports about people who entered legally getting detained at airports, even when they filed for asylum while still in status and have no criminal issues. The problem seems to be that ICE is arresting people whose status has expired, even if they have a pending application (asylum or something else). I do not really have a sense of the number of people arrested or a good idea about where the arrests are happening, and so it is difficult to know the likelihood of being detained, but it is definitely happening and there is a real risk. Maybe the situation will improve, but for now, I do not think someone in your situation is safe traveling domestically. Take care, Jason
Hi Jason, i think you misread JUSTICE’s question. They asked if someone who has asylum-based GC can travel domestically in the current times if the application was filed 3 weeks after the original visa expired……..
I am in the same boat. I am main applicant, husband is derivative. We are almost 4 years green card holders, no criminal anything. When I applied for asylum , my visa was active, but my husbands was overstating his for few years. He needs to fly for work domestically and I am freaking out. We were flying internationally 2 years ago with no issues but that was pre ICE era. We have 2 little kids and I am legitimately scared for him to fly
Sorry, I misread Justice’s question. If you have a green card and no criminal issues, you should be fine to travel by air. I have not heard about any such people being detained or having problems. I do understand why you would freak out, as the government has become extremely vicious and arbitrary, but so far, I have not heard any reports about GC people facing problems at the airport, and so I think it is still safe for such people to travel. Take care, Jason
Oops – Thank you. I will post a correction. Take care, Jason
Sorry, as Hope pointed out, I misread your question. If you have a green card, you should be safe to travel. The fact that you overstayed your visa for a few weeks before you filed for asylum should make no difference now, since asylum was approved and the green card was approved. Do make sure you have your green card with you, as that is proof of your status in the US. Take care, Jason
Hi Jason, could this rule impact an Afghan woman who arrived on humanitarian parole visa and applied for asylum within one year. Her asylum is pending. Thanks
If she has a bar to asylum or has failed to explain her asylum claim in the application, it could affect her, and it is worth double checking her application to make sure there are no issues that would cause her case to be denied without an interview. Take care, Jason
Thanks Jason ! She is actually a client of your firm. The lawyer only field her i-589 and said the affidavit and supporting evidence will be submitted once interview is scheduled. Would that be an issue with this new rule in effect?
That is the normal way to file a case, and normally, the form itself explains the reason why asylum is needed and discusses bars to asylum. It is worth looking at the form to see if this is the case, and if not, she can try to supplement the application to make it less likely that the case will be dismissed without an interview. Take care, Jason
Hello Jason,
I want to first thank you for everything you do for asylum seekers. I truly appreciate what you do as I am an asylum seeker myself.
I have two questions that I hope you could shed some light on:
1. If the applicant moved to a different jurisdiction after they had their interview, will the case be transferred to another office?
2. Will filing a FOIA request on a “decision pending” case cause any delays or annoy the asylum office? Thank you.
Thank you so much for your time.
1 – If they need a second interview, that would normally take place at the new office. However, if they are only issuing a decision, the office that interviewed the applicant should issue the decision. 2 – I have never heard that filing a FOIA causes annoyance. I think in some circumstances, it might cause a very minor delay, but I am not even sure about that and maybe it does not cause any delay at all. Take care, Jason
hey jason. i filed a FOIA (because i lost my original copy) and they only provided me a copy of my i-589 but not the supplemental material. is this normal?
It has become common for FOIA responses to be very redacted, meaning that lots of pages are blank. However, usually they do not blank out everything, especially generic documents like human rights reports. There is an appeal process for the FOIA, and so you might look into that. Also, if the case is in court, there is an online portal that gives access to any documents that the court has. Take care, Jason
Hi dear Jason, my asylum has been granted and I am looking forward to my upcoming Green Card interview. When I filled out my I-485 application about two years ago, I checked the box stating that I had never engaged in unauthorized work. However, I was just reviewing my previous documents and realized that was incorrect. It looks like there was a three-month gap during one of my EAD renewals where my old card had expired before the new one was issued. How can I handle this issue before or during my interview? I would appreciate your feedback. Thank you!
In some recent years, when you applied to renew your EAD, the receipt for the renewal automatically extended work authorization, and so maybe you were covered during those 3 months? It is worth checking the receipt if you have it. Also, if the gap occurred after asylum was granted, you would have been eligible to work even without an EAD. If none of those situations apply, you would need to correct the error. In the worst case, USCIS could require you to file another form, form I-601, which is the refugee waiver and would be a way to seek “forgiveness” for your mistake. The good news is that this waiver is free and is easy to get granted. However, you have to apply now, and now after you get the GC. If you think you need the waiver, talk to a lawyer about the specifics of your situation, as these days, it is best to be safe and not give USCIS any opportunity to accuse you of doing something wrong. Take care, Jason
Hi Jason,
This whole thing makes me a little nervous, especially this part: “the person would not be denied asylum as a matter of discretion due to, for example, bad moral character or other negative factors. ”
If I have arrived in the US legally (F-1 status), applied within a year, kept my nose clean, is it still possible to go straight to an immigration court? Especially if one is from one of those banned countries that can be seen as a “significant negative factor.”
Thanks as always!
I hadn’t thought about the country of origin issue when I wrote this, and I did not see anything about that in the rule (though I was not looking for it either). We will have to see how USCIS implements the rule, and of course, it would be profoundly unfair to deny asylum as a matter of discretion because the asylum seeker comes from a country that our government does not like. The government can find a excuse to deny any asylum, but they are supposed to follow the law. Whether they will follow the law or just start denying cases based on any excuse they can find, we shall see. Take care, Jason
Hi Jason,
Looks like the section below is unchanged:
208.4(a)(5)(iv)
…The applicant maintained Temporary Protected Status, lawful immigrant or nonimmigrant status, or was given parole, until a REASONABLE PERIOD before the filing of the asylum application…
“Reasonable period” is going to be the battleground phrase, huh? In you past experiences, how long after expiration of lawful immigrant status was considered a “reasonable period” to file?
And if this “reasonable period” fell within the grace period of the ended lawful status, would it help the reasonableness?
Lastly, in case one falls in the unfortunate category of those affected by this rule change: would they at least notify the alien of the court date (and their designated counsel), we hope? Thanks in advance, sir.
I am not exactly sure I understand the question, but if a person has TPS, that is considered an exception to the one-year filing rule. If there are changed circumstances in a case (for example, a new government comes to power in the home country and it wants to persecute you), you have to file for asylum within a “reasonable” period of time after the change. I have never seen a clear definition, but I believe there are some cases that say 2 or 3 months can be reasonable, but 6+ months is not reasonable. Since there is no bright-line rule, if a person wants to file for asylum after some changed circumstance, it is best to do that as soon as possible. Take care, Jason
What if the person overstayed their visa a year before they had TPS? Is it still considered an exception? Also, if the same person applied for asylum a week before TPS ends will that person still referred to court?
Hi Jason! Thank you for answer in advance. Let’s say someone overstayed their visa, get TPS a year after, not that TPS has ended and the person applied for asylum a week before TPS end. Is that person will be denied asylum and send to court under the new rule?
I am not sure how the time period before TPS is counted, but I think if it was less than a year after you arrived in the US when you received TPS, and then you applied for asylum before TPS ended, it would be considered an exception to the one-year filing rule. I would double check your specific situation with a lawyer, as I have not looked into that question and am not certain. Take care, Jason
On second page of interview notice show
“You must leave the United States if you don’t have or otherwise obtain a lawful basis to remain in the United States. The US Government may provide you cost free travel and give you exit bonus if you leave voluntarily through CBP Home mobile app process .”
I’m concerned about this
This is standard language and so you do not need to worry about it (unless you prefer to leave the US, then you can try it). Take care, Jason
After 10 years finally received notice for interview, what’s my options if officer don’t approve my case
My case is LGBT+ based and how are decisions based on LGBT+ this days.
Thank you Jason
LGBT cases tend to be strong cases, but it depends on the case and the country. Make sure to include evidence that you are gay (letters from people who know, photos at LGBT events and with a partner, membership documents from LGBT organization, letter from a therapist if you have one). Also, submit evidence of country conditions in your country to show that conditions there are dangerous for sexual minorities. Also, you may want to go over your case with a lawyer to look for, and address, any issues that might affect your eligibility. Take care, Jason
But I don’t have too many expectations.
One thing tho, I also want to want to submit country evidence, but most country evidence in this admin has been intentionally made rosier to make people less likely to qualify for asylum…
I mean my country condition, compared to a few years ago, has no mention of LGBT now
How can I combat that ?
You do not have to rely on US government reports. There are plenty of other reports on country conditions, from places like Human Rights First, Amnesty International, and Immigration Equality (which has country condition info for LGBT cases), among others. Take care, Jason
How about to update additional documents and supplement statement am I need new i589 or I can do with affidavit letter, and I notice one minor mistake in app can I correct is related with previous address
The asylum officer will update your original form by hand at the interview. For that reason, I prefer to submit a separate paper listing each question that needs to be updated or corrected along with the new information. I wrote more about updating the asylum form here: https://asylumist.com/2022/07/06/dont-forget-to-update-your-i-589/. Take care, Jason
Hello Jason. Can this new rule affect people who have already completed their interview but are still waiting for a decision? Thank you.
I doubt it, as the asylum officer should have already reviewed any bars to asylum and whether you are eligible, and so I would expect them to just issue a decision normally. Take care, Jason