By now, I’m sure you’ve heard reports about ICE detaining asylum seekers and other non-citizens at airports during domestic travel. According to one DHS official, “ICE is now making between 20 and 40 arrests per day at airports nationwide.” That’s up from “fewer than 10 airport arrests per day in May 2025.” However, since we don’t have data on the number of undocumented or otherwise vulnerable people who travel by air, it is difficult to know the likelihood that any one person will be detained. Nevertheless, given the uptick in arrests, most attorneys–including me–recommend that asylum seekers and certain other non-citizens avoid domestic air travel.
Today, we’ll talk about which travelers face a risk of detention, and whether there is anything you can do to protect yourself.
Before we discuss who is at risk, let’s talk about who is not at risk. There are a number of categories of non-citizen who should not be in danger of ICE detention at the airport (or elsewhere). Green Card holders should be safe, unless they have criminal issues or immigration violations. AILA, the American Immigration Lawyers Association, has a helpful flyer for Green Card holders, which explains what documents to carry during travel, and the risks faced by Green Card holders with criminal or immigration issues.
Another group that should be safe from detention is people with valid non-immigrant visas who are still “in status” (again, assuming they do not have criminal issues or immigration violations). This includes individuals with tourist visas, work visas, and student visas. If you have a non-immigrant visa and want to check whether you are still in lawful status, you can do that here. Also, AILA has an informative flyer for visa holders who are in lawful non-immigrant status and who plan to travel domestically.
Asylees (people granted asylum) and refugees should also be safe from detention at the airport (assuming, as usual, that they have no criminal or immigration problems). I have not heard about any asylees or refugees having trouble at the airport, but USCIS has been targeting some refugees for additional vetting. While that does not seem to have impacted refugees traveling domestically, at least not yet, given the Administration’s re-vetting efforts, it would be a good idea for refugees (and asylees) to have access to their full cases and to have a plan in place in the event that they encounter ICE. Travel for people in this category currently seems safe, but that could change, and it is important to keep an eye on the news or talk with a lawyer before traveling.
Other categories of people are–very unfortunately–not safe traveling by air domestically. This includes individuals who have been granted certain types of humanitarian protection and people who are lawfully present with a pending application for status.
People who have been granted Withholding of Removal (WOR) or protection under the Convention Against Torture (CAT) are being targeted for detention at the airport. By definition, WOR and CAT grantees have been ordered deported, but the deportation has been “withheld” as to the country where they fear harm. This means that the government cannot deport you to your home country, but it can deport you to a third country. In the past, this rarely happened, but lately, the government has been sending such people to third countries in increasing numbers, and we have been hearing reports about airport arrests for non-citizens with WOR and CAT. AILA has been tracking such arrests, and while the information is anecdotal (incidents are reported by AILA members), I think it is credible. One report describes an individual with WOR who entered with a visa and had a valid work permit, and who was detained at BWI airport in Maryland. Another person with WOR was detained at an airport in Louisiana. Neither individual had a criminal record.
Non-citizens who have pending applications for asylum, residency (a Green Card) or a new non-immigrant visa status have also been targeted. AILA has received several reports of ICE detaining people at the airport where the person entered the U.S. lawfully, applied for asylum before their period of stay ended, and had no criminal record. These include a report about a family traveling with children through the Indianapolis airport (ICE only detained one parent “for the sake of the children” – how magnanimous!), two affirmative asylum seekers detained at Logan Airport in Boston, and another affirmative asylum seeker arrested at JFK Airport in New York. There are also reports of ICE detaining two asylum seekers with pending BIA appeals at O’Hare Airport in Chicago.
If you are in one of these vulnerable categories, AILA has a flyer with more information, but it is clearly safer to avoid domestic air travel. If you must travel by plane, make sure you have access to all your documents and receipts, have a plan in place with family or friends, and carry contact information for your lawyer. People who entered the U.S. legally are generally eligible for release on a bond from an Immigration Judge. Those who entered the U.S. without a visa are subject to mandatory detention and can usually only be released after filing a habeas corpus petition with a federal judge. Either way, detained immigrants can expect to wait days or weeks (or longer) before being released, and to pay thousands or tens of thousands of dollars for a bond. You might also be forced to present your asylum (or other) application while you are detained. For that reason, it is best to have your case ready and to have a lawyer available who can assist you.
The new push to detain non-citizens at the airport is part of the Trump Administration’s larger plan to make life unbearable for immigrants in the United States, including immigrants who are trying to “do it the right way.” We can hope that this inhumane effort will soon end, but until then, vulnerable non-citizens face a real risk of detention whenever they go to an airport.
Hi Jason,
I want to assess my risk. I do plan a 40 days travel outside the US. I have a green card based on asylum. I had one arrest that was fully dismissed without admission or a plea. I do plan to travel with the certificate of disposition from the court. I do understand I might get sent to secondary inspection. But what are my chances of being detained considering I do not have any other issue.
I don’t see how that would cause any problems, as long as you have evidence that the case was dismissed. If it was for a serious or dangerous crime, such as murder, terrorism or rape, it would be a good idea to talk with a lawyer since you can be at risk if the government views you as a threat to national security, even if you have no convictions, but if it is for a more mundane crime, I don’t see that you would have any issues. Take care, Jason
the most pro-asylum electable 2028 presidential candidate ?
We should start supporting him or her as early as possible, if one truly desires to help the asylum community. Unfortunately, short of administration change, I couldn’t see anything that can get better
Hi Jason,
I am green card holder and i have international travel coming up in two months. I received green card through asylum. I had a few weeks gap between when my visa expired and i officially receive alien status. I have traveled internationally twice. Recent trip was beginning of this year without any problem. I am a little concerned if i would be detained on my arrival due to the gap where i had no legal status. It was 10 years ago. I received green card in 2024.i have no criminal background or anything.
Should i be concerned ?
Thanks
I have not heard about anyone in your situation having a problem and I think the trip should be safe (assuming, of course, that you have no criminal issues or that you plan to stay outside the US for 5+ months). For someone who got the GC based on asylum, it is better to travel with a Refugee Travel Document and not your home country passport. If you do travel with the passport, you should be prepared to explain why you used the passport from a country that wanted to persecute you (this is easier to explain if you fear non-state actors like terrorists, rather than the home government). While I think you should be prepared to explain if you use the passport, I have not heard about anyone having a problem for using the passport in this situation. Take care, Jason
Hi Jason,
SO i applied for my i-485 along with travel doc last year in Nov. Since the process was stopped bcoz of 39 countries banned and now its open again and started processing.
I received a notice in my mail about my travel doc being moved to another office for processing and in fact for speeding up the process as the notice says. Since i applied concurrently both at the same time what is you best guess that how and when my travel and green card is gonna be approved.
As i asked diff persons they say it takes 1-6 months after your file is being moved. Mine was moved to nebraska office. My file was moved to another office two months ago.
THanks Jason
I think it is not possible to predict that. The fact that you received the notice that the file was moved is a sign that USCIS is processing your case, but I don’t think it is possible to know when the result will be. Hopefully, you will get some positive news soon, but time frames vary widely between offices and cases, and it is impossible know when the case may be completed. Take care, Jason
thank you jason.
so you think it is normally positive sign for me that they have transferred my file to another office. the official notice said ” in order to speed up processing we have transferred your case to NSC. this office will notify you in writing when they make any decision on your case or if they need any additional information.
So my i-485 will also be transferred and processed at the same time as my travel doc in this Nebrask Service Center or no? since i applied both together and what kind of cases the NEBRASKA office normally deals with? like type of case like adjustment of status etc.
I think it is a positive sign in the sense that you know something is happening with your case and it is not forgotten. USCIS routinely moves cases around to different offices that have capacity to work on cases, and so such a move is common. Whether both applications (travel document and green card) will be processed at the same time or at the same office, I am not sure, but in the past, I have not noticed that these two types of cases get processed at the same time. Take care, Jason
Hi Jason,
Is it normal for USCIS to call and say the person need to come for fingerprint again after thee interview (before the decision)? Is it a trap for detaining applicants?
It is not normal, but it also may not be a trap. Or it could be a trap. Unfortunately, there is no way to know. I recommend you talk to a lawyer about the specifics of your situation so you can evaluate your risk and make a plan in case they do want to detain you. Take care, Jason
Hi Jason,
I came to the US on an F-1 visa in 8/2014 and applied for asylum in 6/2015. Around that time, my parents (residents/citizens of 3rd country, not COP) had applied for their B-2 visa to “visit their son” and were granted a 10-year visa. They have visited me here numerous times throughout my pending period over the years. (HUGE lifeline in terms of mental health and family separation)
Fast forward to 11 years into the process, and I am now in immigration court after my asylum case was referred to EOIR in May of this year. I got married to my US-citizen partner in June, and have a pending I-130 filed with USCIS. My master hearing was in June, but re-scheduled for October as I needed continuance to find a new attorney after my prior one retired.
My parents are now in the process of renewing their visa, as it expires in October. When they first applied a decade or so ago, the “status” of “their son whom they were visiting” was F-1. This is no longer the case.
What should they put down as my current status on their application? Would it risk anything for me in terms of my current “authorized stay” period while ICE arrests are ramping up for out-of-status folks? We’re also worried if this might raise alarms for EOIR to potentially use this data to reinforce their 3rd country removal agenda onto my case. With so much going on right now, your input would be highly appreciated. Thank you!
In the past, an adult child seeking asylum would not normally block a parent from getting a visa. This is because the parent could not benefit from the child’s asylum status. These days, consulates seem to be using any excuse to deny a visa, and so it may be more difficult for them to get a visa, but I think they cannot lie or try to hide your status (or lack thereof), as the consulate can find that information. I am not sure how their visa application could harm you, and so I do not think that is likely. ICE would already know your status, since everyone in immigration court is out of status, and so your parents mentioning that on a visa application would not be telling the US government anything new. Take care, Jason
Thanks Jason,
Any idea what cases were those few instances that got caught leaving the country?
Looks like their system flags the visa expiry and they automatically won’t know the person is trying to leave peacefully. They just see someone who overstayed a visa.
We have very little info about this, but I do not think that the people who were detained while exiting had any particular risk factors. In other words, I don’t think they had criminal issues, but they had overstayed their visas, and rather than simply let them leave, ICE detained them on the way out. Why ICE did this, I really do not know, but I suppose it could result in a deportation order, which would make it even more difficult for them to ever return to the US. Take care, Jason
Hello Jason and thank you for your help,
Given it has been some time since the pause was lifted for applicants from the banned countries, are you or your firm aware of any asylum cases of applicants from those countries that have recently received approval decision? Or are you aware of any cases that filed a mandamus lawsuit before the pause was implemented that have since received approval decision?
I can’t remember specific examples, but I do recall that some people from banned countries have received approvals from USCIS over the last few months. I would talk with a lawyer about this, but it should also be possible to do a mandamus lawsuit for people from banned countries. The one issue is that USCIS has appealed the court decision ending the pause, and so it is possible that at some point, a higher court will allow USCIS to re-institute the pause on banned countries. Take care, Jason
Hi Jason,
My asylum case was approved a year ago. Filed for adjustment of status a few days ago and RTD in Nov 2025. I need to travel to a third country on humanitarian grounds (terminally ill family member) and I prepared all paperwork to apply for advance parole. Yesterday I read about the changes of Aug 13th 2026 that makes advance parole risky for people with unlawful presence of 180 days +. I came on a visitor visa, applied for asylum 6 months after my arrival. I didn’t overstay my visa. So basically I don’t have even 1 day of unlawful presence that I can think of. Knowing all of this, what would you do Jason, if you were in my situation? Would you travel?
The appropriate travel document for a person with asylum is the RTD, and not Advance Parole. I do not know that you would get AP faster than the RTD, and so I would recommend you try to expedite the RTD. I wrote about expediting in general here: https://asylumist.com/2020/01/29/expediting-your-case-with-uscis/. In terms of travel with AP at this point, as I read the new rule, it would not affect someone with asylum status. However, it is very new and the rule is not very clear. For that reason, I think if you want to travel with AP, you should talk to a lawyer about the specifics of your situation to see if there is any risk of travel with AP. But again, I think your better course of action is to try to expedite the RTD. Take care, Jason
Hello Jamison
I’m 22 year old and a dependent on my parent’s asylum case since I was 11 year. Our case is scheduled for individual hearing. I have known that asylum seekers are exempt of public charge .Now I’m planning to marry a US citizen who will b filling marriage petition for me. I am on health insurance under New York State Medicaid program. Will this b a problem for my marriage petition?
To my understanding the uscis website says that health insurance is not counted in public charge. But there are many different opinions. I want to hear from you please.
The public charge rules are complicated and are currently being changed, and so I think you need to talk to a lawyer about how they affect you. The rules would apply to you if you are trying to get your GC based on marriage. Also, the process of getting a GC is more difficult when you have a case in court, and so you would want to get help from a lawyer for that too. I wrote about that here https://asylumist.com/2018/08/08/applying-for-a-green-card-while-asylum-is-pending-part-1-marriage-to-a-u-s-citizen/, and while the process has become a bit more complicated since I wrote the article, it will give you an idea about how things work. Take care, Jason
Hi Sir,
Long time follower here. I filed a USCIS FOIA asking for my asylum interview internal adjudication records, but they mostly sent a huge PDF of everything I had submitted. What exact document names should I request to get things like the asylum officer notes and anything from that interview instead of my original submissions. Im nervous about my upcoming green card interview because its a complex case and they interviewed me two times.
Unfortunately, USCIS redacts much of the information about the interview questions and the officer’s evaluation. You can specifically ask for those things when you prepare the FOIA, but they should have given them to you even with a more general FOIA request. You can also appeal the results of the FOIA to try to get redacted material. Maybe you want to talk to a lawyer to see about your options. Take care, Jason
Hi Jason,
If I leave US without using CBP home app, would there be any negative consequences in my immigration records? My primary motive in using the app is to avoid implications from being mistakenly issued removal order long after I have left US. I’m concerned that my departure will not be properly recorded if I do no submit an application on the app. Thank you so much for any guidance you can provide.
If you have been in the US unlawfully, that could bar you from returning. I think in your case, that did not happen, but you would do well to review the specifics of your situation with a lawyer, as they can give you a better idea about the legal consequences of leaving the US and if there is anything you can do to mitigate those consequences. Take care, Jason
Hello Jason, my F1 and TPS overlapped, and after F1 expiration after graduation, TPS was the only status I had, no criminal background. TPS was the only thing I applied. After it was terminated (announced it on the day of on Aug 7), I left the country within 2 weeks. I could not have a chance to meet with a lawyer or get legal advice before I left. I did not use CBP home app because it allowed me only to travel back to my home country and I flew to a visa free country that allows me to stay for 30 days for the time being. One week after I left, I got an email from USCIS “We have taken an action on your case”. Upon checking my account, I saw the message “TPS Country Designation Terminated By FRN”. The message is dated not on the actual date TPS was terminated but on the date I received the email. Do they not know I already left the country? I left it from a airport. I checked my i94 and it says “Admit Until Date: D/S”. For travel history, “No Record Found for Traveler”. One thing to note is I renewed my passport during my stay in the US. Can you kindly give me advice on what I should do on my situation please?
I am not sure that there is much to do at this point, aside from keeping evidence of your departure (passport stamps, plane ticket). You can try using the CBP One app, but I do not know if it allows you to register if you have already left. Based on what you wrote, it sounds like you do not have any unlawful presence, which means you probably do not have any bars to returning to the US. This does not mean that it will be easy to return, but there is no law blocking you from returning. Of course, I am not sure about this and if you want to return, you should talk to a lawyer about specifics, but based on what you wrote, that is how it looks to me. Take care, Jason
I did not receive any departure passport stamp at the US airport but I received an arrival stamp at the airport of the visa free country. I want to do the best I could to properly do things as I left the country. CBP home app only use my home country alone as the destination and it was not my destination. I am very sorry to keep asking you about this situation. I tried but could not find any definitive procedure to follow for my situation and the notice I got actually stressed me out. During my stay in the US, I had never traveled internationally. But the passport I entered with expired and I had to renew my passport. Thank you so much for the care you put into this community, Jason. I am very grateful for the helps I have received. Thank you.
The problem you face is that there is not really much guidance on certain things – for example, the CBP One app, but it seems to me that you have evidence about your departure and can show that if needed, and I don’t think there is much more you can do. Take care, Jason
Hi Jason,
A friend’s case was erroneously referred to EOIR by USCIS on the basis that the past persecution she suffered (FGM) is by itself a fundamental change in circumstances citing Matter of A-T (2007). The AO also mischaracterized the future fear of the applicant as solely for the child even though the evidence clearly shows that the applicant was assaulted and threatened due to refusing FGM for her child. The AO claimed the applicant can avoid the risk completely by leaving the child in US because the child is a USC. USCIS found past persecution and did say in the referral letter that the applicant meets refugee definition. The evidence has been updated to include additional medical report which states the consequences of FGM faced by the applicant, psychological report and individualized country report. How do cases like these now fare in court? What else can be done? Thank you
I think it is still possible to win a case like this in court. One path may be “humanitarian” asylum, including “other serious harm” asylum. I wrote about those options here: https://asylumist.com/2012/03/26/fgm-other-serious-harm-asylum/. Certainly, your friend would want to talk about these ideas with a lawyer and also discuss the case in general, as there may be other ground for asylum and she may be eligible for other Cancellation of Removal, which I wrote about here: https://asylumist.com/2025/06/25/cancellation-of-removal-an-alternative-for-some-asylum-seekers/. Take care, Jason
Thank you for the response. So the risk of getting detained in my case is low when I’m leaving the country then. I wonder why they have detained individuals even when they are leaving the country. Isn’t that their goal to make people leave? Also, this person is unable to use the CBP Home app since they are going to a third country. Once you put your passport and your country, they only let you get the ticket for that. Also, a biometrics appointment is required when you use the app, which has a high risk of detention.
I have not tried the app for a client, and so I am not sure about how it works. I am also not sure why they detain people who are leaving, but they are cruel and vindictive and so it may simply be to harm people, and I guess help enrich the private prisons where people are detained. Otherwise, I don’t see any point in detaining people who are just trying to leave, but I have heard about a few instances where that has happened. Take care, Jason
Jason,
Any idea when this domestic travel ICE risk will come to an end for pending asylum applicants? Will this be the case for the next 2 years? I know no one can predict but just wondering. or will this be the new normal for good?
I have no idea. Their efforts tend to focus on one area for a while and then shift to another area, so maybe they will change, but at least for now, I think there is a real risk for asylum seekers to travel domestically by air. Take care, Jason
Hi Jason, as usual thank you for your help…. is it also risky to travel domestic as an Asylee who applied I485, travel with none restricted license validity for 10 years and with approval and a new I94 with stamp showing approved indefinitely? Thanks always!
I have not heard about an asylee (a person with asylum granted) having trouble traveling domestically (unless they have criminal or immigration issues). The article above has a link to an AILA document for Green Card holders and I think that would apply to asylees as well. Take care, Jason
I remember a few years ago I predicted that
Hi Jason, again, THANK YOU FOR ALL YOU DO FOR US.
My case was approved in March and I submitted my RTD application in May. It’s taking long for RTDs to be approved. I know 2 people whose RTD’S have taken 20 and 22 months to be approved. My dad is sick and I would like to travel to meet up with him in a neighboring country. I was planning on submitting my green card application earlier (before the 1 year is up) and using that pending green card application to apply for an EAP and travel. I was issued with a EAP in 2024 when my asylum case was pending, but as an asylee i can not qualify for it. However yesterday the BIA trashed the Matter of Arrabally and Yerrabelly, which effectively killed the AP for those like me, who had accrued unlawful status. With a pending asylum GC application and a pending RTD application be safe to travel with an EAP? Will it even be safe to travel with an RTD? Thanks
I have not tried to get AP for an asylee client. I would think your better bet is to try to expedite the RTD. I wrote about that in general here: https://asylumist.com/2020/01/29/expediting-your-case-with-uscis/. I think that new BIA case would not affect you, as you already have asylum status, so if you could get AP, you would probably be ok to travel and return. However, if you want to try that, I really think you should have a lawyer look at the specifics of your case to double check. The new decision is not entirely clear in many respects, and you don’t want that to cause you a problem. Take care, Jason
Good morning, Jason, I filed for asylum in 2016 and had my interview in February 2026, but I still have not received a decision. I email the USCIS office once a month, but they always respond that the decision is still pending. I have also submitted online inquiries and received the same response. Additionally, I contacted my congressman’s office for assistance, but I have not received a response. Given that I have been waiting for a decision for more than six months, could filing a writ of mandamus be a good option?
Thank you.
I would talk to a lawyer who does those cases to be certain, but given that you have waited more than 6 months since the interview and 10 years since you first filed, I think you probably could file a mandamus and that should work. Take care, Jason
Hi Jason, hope you’re well.
Withdrawing a case (pending asylum with USCIS, no criminal records, applied while on a valid visa after one year deadline passed. They have no other status)
1. When is the best time to do this? Is it before/after departure from the U.S.?
2. Are they safe at the airport from being detained?
Thank you so much
1 – It is better to withdraw the case after you leave. If you withdraw while you are in the US, and if you have no other status here, you could be referred to Immigration Court, which would make your situation more complicated (and potentially more expensive). I wrote about withdrawing a case here https://asylumist.com/2022/12/07/withdrawing-your-asylum-case/, and if you withdraw your case and have dependents, make sure they have also left the US or have status here, or otherwise have a plan, since they will be sent to court if you (the principal applicant) withdraw your case and they are here without other status. 2 – Probably not. Maybe if they are just leaving the US, they will be ok, but there are cases where people who were trying to leave the US were detained. They can make an appointment to leave using the CBP-One app, which they can Google and find on the internet, and supposedly people who have appointments are not being detained when they leave the country. I have not tried it for a client, but I have heard about cases where ICE threatened the person who was leaving, but when they saw the CBP-One appointment, they allowed the person to leave the country. Take care, Jason
Hello Jason,
Could you please clarify your statement? I’m a little confused because you said, “It is better to withdraw the case after you leave,” but at the same time, you mentioned that “they can make an appointment to leave using the CBP One app.”
If a person decides to leave the U.S. after waiting 10 years for an asylum interview and is going to a third country because he still cannot safely return to his home country, which option would be better?
Should he simply book a flight, leave the U.S., and then close/withdraw the asylum case afterward, or does he need to register his departure through the CBP app before leaving?
Thank you!
I have not used the app for a client, and so I am not familiar with it. You could talk to a lawyer who has used the app to see if they have any different ideas. But whether you use the app or not, I would not withdraw the asylum case until after you leave the US. If you withdraw before you leave, the case could be referred to immigration court, and that could result in a deportation order, or at a minimum, make the situation more complicated because you have to deal with the court. Take care, Jason
Hi Jason,
My asylum case from 2015 was referred to court last year after an interview. Over the past couple of years I became a victim of qualifying criminal activity and applied for U visa. Although i wasn’t approved or denied yet due to a massive backlog, I have received a bona fide determination with EAD and deportation deferral. Can this deferral help with my upcoming court hearing? Can the case be administratively closed or continued? Or is it better to continue defending asylum case without mentioning U visa?
I appreciate your advice!
You would definitely want to talk to a lawyer about this to decide on the best strategy. These days, it is much harder to win asylum in court, and even a good case can be denied. For that reason, if you can continue the hearing or get it dismissed, that might be a good plan. I am not sure the judge would agree to that, but it would be worth discussing with your lawyer. I would also think that it would generally help your case to inform the court about the U visa, as it is a sympathetic issue that may count as a positive factor when evaluating good moral character (which is required to get asylum or most other immigration benefits), but again, this would be something to discuss with a lawyer. Take care, Jason
Jason, what cases (what year) are currently being processed in the Arlington office? I filed for asylum in mid 2018. Is it getting closer? Thank you very much!
We are no longer getting information directly from the asylum office, so all we have is the information reported by lawyers who have cases there. There was a lawyers’ meeting recently and people reported on their experiences. Most interviews (more than 80%) are from newly-filed cases. There were also reports of some people who filed in late 2017 and early 2018 receiving interviews (for one reported interview, the case was filed in January 2018). There was also one random case from 2020 that was interviewed. It was not expedited and it is unclear why that case was interviewed. If you filed in mid-2018, the interview may be getting close, and so it would be a good idea to have all your documents and evidence ready, in case you get scheduled soon. Take care, Jason
Hi Jason,
Have question about going on interview without interpreter, can officers cancel interview and send direct to court if I have difficulty to understand question or difficulty to explain situation with my words, just in case how officers react in that situation
They can reschedule the interview or send you to court if you fail to bring an interpreter and you need one. These days, I would guess that they would send you to court. For people who are not certain about having an interpreter, one idea is to bring an interpreter and leave the person in the waiting room. If you need them, you can get them, but if you are ok without an interpreter, you can just let them stay in the waiting room the whole time. Take care, Jason
Hi! Do your firm do CAT for people who are in removal? A lot of folk have been sent to court without having an interview with uscis and now because of that they are also exploring CAT because off the situation in their home country. Any idea or estimate how much it cost for to get lawyer to CAT for someone who is in court? What about your firm, do they do CAT for this kind of folks?
Last question, is there any lawsuit to challenge this new policy? because it is retroactive and they di not give people a chance to update their asylum application.
Our firm does CAT cases. You can contact us for a consultation by emailing intake@murrayosorio.com. At the consultation, they can learn about your case and give you a quote for the fee. In terms of lawsuits related to the detention policy, I have not heard about that yet, and I am not sure whether that would work. I guess it would depend on how the rules are challenged. We shall see. Take care, Jason
Since my TPS expired on Aug 7, 2026, am I now accruing unlawful presence. Is there any grace period for that? I am worried that this will affect my future visa applications at other countries. Could you please help me explain this on my visa application? I am very stressed over my current situation since going back home means impending threat. I want to leave at the earliest available date, hopefully this week, but my planning needs a bit more time. Is there any advice on my departure? I heard news where people were arrested at the airport I am going to. What should I prepare? Thank you.
I discussed the CBP-One app and exiting the country in my prior response, but for unlawful presence, you are accruing that each day you are here without status. However, there is no penalty for unlawful presence unless you are here unlawfully for 180 days or longer. If you are here without status for 180 days, and then you leave, you cannot return for 3 years. If you are here for 1+ years without status, and then leave, you cannot return for 10 years. There is a waiver available to try to overcome this bar, but whether you can qualify for that depends on your specific situation. Take care, Jason
Imagine you are an undocumented immigrant living in the continental U.S. with a pending asylum application, and you are suddenly scheduled for one of those Mega Master Calendar hearings in Anchorage, Alaska.
You cannot realistically get there without flying. You want to ask the immigration court to change venue to where you actually live, but your case does not even appear in EOIR’s online system, so there seems to be no workable way to get a motion before the court.
So what are you supposed to do?
Do not show up, and you risk an in absentia removal order and losing your case. Get on a domestic flight to comply with the court order, and you risk ICE identifying and arresting you at the airport.
That is a genuine lose-lose situation: the government orders you to appear thousands of miles away, while the government’s own airport-enforcement system makes traveling to that hearing dangerous.
I have not heard about this happening to anyone. The Master Hearing should be held near where the person lives, or at least relatively near. Also, I do not see how a person could be scheduled for a hearing and the case is not in the online system. If this did happen, you would have to contact the court and file a motion to change venue (to move the case to a local court). It may also be possible to appear by Webex or to do the hearing in writing (if you have a lawyer). If you do get scheduled for a hearing where you cannot get there without flying, I think you need to talk to a lawyer to explore your options, as there should be options available. Take care, Jason
Hi Jason! Hope this message find you well. I have a friend who has a mother asylum case sent to court without an interview due to the new policy. She is a green card holder, can she petition for a green card for her mother in court if she can prove that her mother will suffer harm in her home country despite she is not a US citizen yet?
A person with a GC cannot petition for a parent. If your friend is under 21 (or if the mother has certain other close relatives in the US) and the mother has been in the US for 10+ years, the mother might be eligible for Cancellation of Removal. I wrote about the requirements for that here: https://asylumist.com/2025/06/25/cancellation-of-removal-an-alternative-for-some-asylum-seekers/. If your friend can get her US citizenship, she could then petition for her mother to get a GC. It also sounds like the mother can present an asylum case in court, even if the Asylum Office determined some sneaky way to refer her to court without an interview. I think the mother needs to talk to a lawyer about the specifics of her case to see what she is eligible for, and to make sure her asylum application is in good shape so she can avoid summary dismissal in court. Take care, Jason
Hello Jason,
My TPS was terminated on Aug 7, 2026. I came with F1 visa, got TPS during study, graduated, and TPS was the only status I had. I’ve never been in a legal trouble before. I have decided to leave at the earliest time available, and now in the process of packing and planning. I am not going right back to my home country because the situation there is dreadful and I am afraid I will be detained at the airport. I am flying to a country which will allow me to stay for a month now. I don’t really have a plan afterward and don’t know where to go and what to do. Could you please give me some advice and suggestion on how to do and what to do? May I know the procedure to follow for leaving? Any caution I need to be aware? How should I report my departure? I plan not to accept the money from the government. I am really scared and devastated right now and not in a situation where I can get legal advice. Thank you very much for all the effort you put into this blog.
Thanks,
Kev
I am sorry for this situation. While I understand that you do not want to seek out legal advice, it would be a good idea to talk to a lawyer about the specifics of your situation, as the lawyer may have ideas for you, including whether it might be worth applying for asylum (since it sounds like you have a fear of persecution in your country). If your plan is to just leave, you can try using the CBP-One app, which you can Google, and where you can inform the government of your plans to leave. I have heard about some people being detained at the airport when they are simply trying to leave the country, but people who used CBP-One to leave were not detained. I think the likelihood of being detained while leaving is probably low, if you have a flight scheduled, it may be worth it to try CBP-One, just to protect yourself (I have never tried it for a client; I have only heard about it from others). You can use the app and not accept money when you depart. I wish you good luck. Our country is losing many good people these days, and while the people leaving are being severely harmed for no reason, our country is also being harmed, and it will be a long time before it recovers. Take care, Jason
Thank you so much for your kind words and care. I will try CBP-One once I buy my flight ticket before I depart. I am not sure it is the right question to ask but please do not mind. While applying visas for countries that ask me about overstay, is there a good way to explain my current situation? Could you give me an example please? Again, thank you so much. I’ve been desperately waiting for your replies and really appreciate for your time and care. Thank you.
Is it a good idea to do so, right? I mean using CBP-One in advance once I got my ticket. Or should I do that on the day of? Thank you.
I have not tried it, and so I am not sure. Maybe you could look at the app a few days before, so you can evaluate whether you think it is a good idea. I don’t know how long it takes to set up, or if there is particular information needed to create an account. Take care, Jason
I don’t have a template for that, but I suspect if you state that you applied for asylum, it will make it more difficult for you to get a visa to another country. Maybe you can say something more general. For example, you can state that you applied for permanent status in the US, the adjudication process was too long, so you decided to leave. Maybe you want to talk to a lawyer from your destination country to see if they have advice about how to apply for a visa. Take care, Jason
I didn’t apply for asylum. The only status after my F1 expired was TPS that was terminated last week. So I am staying without status for approximately 9 days. I believe I have to explain what happened with it in my future visa application. Could you please give me advice on how to do it properly? I am afraid my wording might not make it clear. I really have never had any intention to stay like this. It was so sudden with no time to prepare for my departure and this was what happened. Thank you
It is not something I know much about, and it would depend on the visa requirements of the countries you are applying to, but if they ask about this issue, you would need to explain why you stayed in the US. You might also need to show that you have adequate assets to support yourself or that you did not receive public benefits in the US (and would not need them in the country where you plan to go). I think your best bet is to find an expert in obtaining a visa from the country where you want to go, and get advice from that person, since they will know the requirements to get a visa. Take care, Jason
What if a person is applying for a work visa in a different country because he received an offer from a third country while waiting for an asylum interview in the U.S. for more than 10 years? He cannot return to his home country because it is still dangerous and he could be persecuted there. At the same time, he feels that it is becoming dangerous for him to remain in the U.S. because pending asylum applicants can be arrested, so he does not want to risk being prosecuted or detained there either.
Would it still be difficult for him to obtain a visa for the third country? It feels like he has nowhere in the world where he can safely live: not in his home country, not in the U.S. (after fully integrating into the culture.) and not yet in the third country where he has an opportunity to build a normal life.
Thank you
I think he would want to speak with an immigration expert from the third country about the requirements to get a work visa and go there. Otherwise, he can try to remain in the US and win his case. There is a risk of being detained, but if he entered the US legally, he should be able to get released on a bond. Also, he may have other avenues for relief in the US aside from asylum (for example, Cancellation of Removal, if he is referred to court: https://asylumist.com/2025/06/25/cancellation-of-removal-an-alternative-for-some-asylum-seekers/). Maybe he wants to discuss that with a lawyer. Possibly, the opportunity to move to the third country will remain available while the person does his best to obtain status in the US, and if it ultimately does not work out in the US, he can then go to the third country. Take care, Jason
Hi Jason
In 2013 Inter with K1 but did marry the petitioner,applied asylum 2014 within timeline, my asylum case still pending, In 2015 i met us citizen have 2 kids with him,In 2024 we married, can i apply I 130 and I 485 through marriage,
And i apply i 131 along with i 485, when I get approval to i 131 travel abroad before I 485 decision, when re enter will be easy to fight i 485 in us instead of third country because I am from one of restrictions/ban country, do you think this will work ?
When a person enters on a K-1 visa, she cannot get status in the US by marrying a different US citizen. I am not sure your plan to get Advance Parole based on a pending I-485, and then leaving and re-entering would work, as I believe you would be consider to be in the same status as you had prior to the travel with AP. It would be good to check that with a lawyer, as maybe there is a way to do that, including getting AP based on the pending asylum case and then traveling and returning (though I don’t think this would work either, but I am not sure). You should know that if you do get sent to court, you should be eligible to apply for Cancellation of Removal, which is another way to get a green card. You can only do that in court, and so you cannot apply now. I wrote more about Cancellation here: https://asylumist.com/2025/06/25/cancellation-of-removal-an-alternative-for-some-asylum-seekers/. So even if you cannot get a marriage-based green card through the I-130/I-485 process, you may have be able to file for Cancellation as a defense to being deported (in addition to asylum and any other defenses you may have). Take care, Jason
Has anyone had green cards based on asylum granted recently? How do the officers do these kind of interviews now? What kind of questions are asked? Has anything changed for this kind of interview?
Our firm has had a few recently – most of the people waited around 2 years, but cases are moving more slowly than before. I wrote about the slowdown in processing here: https://asylumist.com/2026/04/29/green-card-processing-for-asylees-is-down-95-since-president-trump-took-office/. In terms of questions, they are looking more for fraud these days, and so they may ask some questions about the asylum case or about why you came to the US in the first place and whether you were truthful on your visa application. I don’t think asylee interviews are too different from before, but certainly you should review your asylum application and your green card application before the interview and be prepared to explain any inconsistencies. Take care, Jason
Hi Jason,
So I was in F1 status until I graduated in 2024. I applied for affirmative asylum within one year of arrival.
As far as I know, I’m technically out of status, but the I-94 website shows me the same thing as it showed me while I was still an F1 student:
Admit until date: d/s
Should I disregard this and assume I’m out of status?
If you stopped attending school and are not on OPT, your F-1 status has ended. If you have a pending asylum case, you are allowed to remain in the US until the case is resolved, but that pending case is not a status – it is an application for status. Thus, for most purposes, you are considered out of status, but as long as the asylum case is pending, you are allowed to remain here and are not considered unlawfully present in the US. Take care, Jason
I mean…
“Under this construction, an individual generally would be unlawfully present if they entered the United States without inspection, stayed beyond the date specified on the Form I-94, Arrival and Departure Record, or was found by DHS, an immigration judge (IJ), or the BIA to have violated status.”
If their I-94 is still not past expiration, a formal finding of status violation is needed before they are considered out of status. Before that, they should still be considered in status. Is this understanding incorrect ?
Hi Jason. I’ve read a lot of people being detained with pending GC application.
Do you know if asylee waiting for their GC to be processed is in danger?
I do not think so, as that group has a valid status – they have been granted asylum. I have not heard about asylees being detained in this manner, though as I discuss in the above article, it is still good to be cautious. Take care, Jason
Hello Jason,
Even if someone entered the U.S. on a visa and filed an asylum application while in valid status, and was later detained by ICE at the airport but released on bond within a few days, does that mean the asylum application is automatically transferred from USCIS to Immigration Court? I mean does the applicant lose the opportunity to present their asylum case to the Asylum Office, or can they still have their case heard by the Asylum Office? Thank you
I am not sure if this happens every time, but my understanding is that as soon as the person is detained, a case will begin for them in Immigration Court and the asylum office will lose jurisdiction. This means that they will lose their opportunity to present their application to the Asylum Office, which is very unfair, especially considering they have done absolutely nothing wrong. It is simply a random way for ICE to grab people and deprive them of their due process rights. The only silver lining is that the same evidence the person could have used at the Asylum Office can also be used in court, and so if you are prepared to present your case at the Asylum Office, you will also be ready to present the case in court if needed. Take care, Jason
Thank you Jason. And if the applicant has already completed their asylum office interview and is waiting for a decision before being detained, all the process at asylum office is useless and they should prepare themselves to present the entire case before immigration judge. Am I right?
Unfortunately, if a person is detained and sent to court prior to the decision, I think the Asylum Office would close the case and you would have to start over in court. Take care, Jason
Hi Jason,
If the asylum applicant has a lawyer and his/her case is transfered from the asylum office to an immigration judge before the interview, does it make any difference for DHS or the judge? I want to see the difference when an asylum officer denied the case and sent to court vs the whole application sent to the immigration judge before an interview. I feel is one has a strong case and attorney, they can present their case to the IJ and the attorney will represent them. I am thinking of any positivity after this strange outcomes.
Thanks as always
If the case does not state a claim for asylum or if there is a bar to asylum, the case could be referred from the asylum office to immigration court. It does not matter whether the person has a lawyer or not, though hopefully the lawyer reviewed the case to make sure it is adequate and does not get referred to court without an interview. If the case is sent to court, a lawyer is very helpful there, as it is more difficult to win in court without a lawyer. There is no real difference in court if the case is sent to court with or without an interview. However, if you do the asylum interview and the officer finds that you are not telling the truth, that could potentially have a negative effect on the court case. Take care, Jason
Thank you, Jason.
This is good to know. If the asylum officer denies with a reason, then it could be challenging to defend that reasoning. But at least if there is no interview before it is send to IJ, it could be better. Of course it depends o the IJ too.
Thank you!
I think it is better to have an interview at the asylum office, so that you can try to win the case there, but there is an advantage to not having an interview – you don’t have to worry about inconsistent statements or evidence at the asylum office that could affect the court case. Take care, Jason