The Unjust Justification for Revoking Asylum Seekers’ Visas

Christoper Landau: “You don’t get asylum because you fear persecution on account of a political opinion. You get asylum because you fear persecution on account of my political opinion.”

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12 Comments

  1. Asylum
    1. If you filed for asylum 10yrs ago and in court 4yrs now, do uscis plan to send you letter for entry visa cancellation while you are in court or when your no longer have the entry Visa? Visa was expired 9yrs and 6months ago?

    Uvisa
    2. If you have a Uvisa case ongoing where you obtain 3 BFD with an EAD for 4yrs, your family took fingerprinting 1.5yrs for a Uvisa, do this new Trump visa cancelation apply to you when you also have an asylum case in court 6yrs and no hearing no final asylum decision. Will uscis go after you for your entry visa cancelation which got expired years back?
    Will uscis cancel your Uvisa pending which may have 2 or 3yrs remaining to be issued to you and your family?
    when you are issue a final Uvisa, does the uvisa cancel any other visa you had lke B1/B2, student or other non-immigrant visa? Or only the Uvisa GC cancel the other visas which come after another 3yrs?
    Will USCIS allow your family to come to the US immediately if your uvisa is approved since they have done their fingerprinting and waiting visa also?

    Thanks.

    Reply
  2. Hi Jason, quick question regarding a friend’s case: His asylum claim was referred to immigration court, but his brother’s petition for him is now ready to move forward. Since he’s currently in the U.S., can he adjust status from here, or does he have to return home to proceed? Thanks for your advice.

    Reply
  3. Dear Jason,

    I’d like to ask you about my situation if I may. I got GC based on marriage. Several months ago I applied to expedited citizenship status since I was still in the happy marriage. Recently I got the interview all went well. However a few days ago me and my spouse got into this huge argument over our budget and it went awfully bad. We no longer see us as a couple. I assumed I’d be called soon to say the auth and complete the naturalization. Am I still eligible for that?

    Reply
    • The requirement is that you are legally married, and not that you have a good marriage. I suppose if you/your spouse start divorce proceedings, it may be an issue and you might want to talk with a lawyer. But at this stage, it sounds like you had a big fight and the future of the relationship is not clear. As far as I know, you will not be asked again about the marriage when you go to the naturalization appointment, but if you are, you will have to answer honestly. At this point, though, it seems to me that you are still married, even if your/your spouse’s intention is to end the marriage. I would keep documentation about all these events, as it will look suspicious if you get divorced shortly after you become a citizen, and you would want to have evidence about how the marriage ended (if it ends), just in case you are ever questioned about this. Take care, Jason

      Reply
  4. Hi Jason,

    I received a RFE for my EAD renewal. They will send an appointment to go to one of USCIS places so they can take my picture ? Is this something normal ? What is the likelihood of encountering ICE there ? I have a pending asylum case, originally from Afghanistan.

    Reply
    • I have not heard about that before, and so I am not sure. Is this just a biometric appointment? If so, that would be normal. You may want to have a lawyer look at your notice to see if it seems suspicious, as they do sometimes try to trick people into coming to their office so they can be detained. You (and everyone else with a pending case) should also have a plan in place in case you are detained. Take care, Jason

      Reply
      • Thank you Jason,

        The notice looks legit, and a copy of notice was downloaded from USCIS account, and copy was sent it the law firm too.

        Also, what is your email address Jason ? Please

        Reply
  5. Hi Jason,
    I got my asylum approval in Aug 2024 and applied for GC in Feb 2025, but i haven’t received my GC yet. Now with them revoking the b1/b2 visas, should i be worried about domestic travel? I travel a lot for work.
    Backstory, i entered USA by b1/b2 visa in 2017 and applied for asylum after the 6 months admission.

    Reply
    • I am not sure that the visa revocation will apply to people who already have asylum, but we shall see. Even if the visa is revoked, it would have no effect on you, since you already have a different status in the US (asylum). I have not heard about anyone with asylum having trouble traveling domestically, and so I do not see that you would have a problem. Also, for the green card case, USCIS has been getting slower and slower, and that is particularly true for GC applications filed by asylees. So while you have been waiting for a while, that is normal (unfortunately). Take care, Jason

      Reply
      • You are no longer required to wait the full year – I wrote about that on February 8, 2023. As far as I know, that rule is still in effect, but things are changing very rapidly with USCIS, so if you plan to file prior to one year after winning asylum, you should double check the I-485 instructions or speak with a lawyer. Take care, Jason

        Reply