Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is Senior Counsel and Director of Legal Services for the Torture Abolition and Survivors Support Coalition International (TASSC International). You can learn more about him here.
The views expressed on The Asylumist are Jason Dzubow’s alone. They do not represent the views of TASSC International.
Hello Jason,
I really feel sad about you leaving MO but I hope you still stay in touch and wish you best for your next job🙂wanted to check with you regarding asylum fee as last year our asylum fee was paid but this year We haven’t paid our fee yet and I spoke to paralegals today and she said We don’t have to pay a fee due to some lawsuit that was filed and We’ll have to pay one near to the hearing which is next year but I read here on your blog according to that We should be paying one every year. I am just checking with you because I don’t want us to miss out on anything.
Thank you – I have been practicing law for private firms for 25+ years, and it was time for a change. Anyway, I am still working in the asylum field, but for a non-profit. For court cases, the court should notify you about the fee. If you are worried about that, and if you think the fee is due, you can pay even without the court notice. After you pay, you would need to file the payment receipt with the court. Take care, Jason
Hi Jason,
There are rumors that the naturalization application fee will be increased significantly, possibly twice. Has the fee already increased, or is the increase still only being proposed?
If I submit my N-400 and pay the current fee before a new fee takes effect, would I be protected from the increase, or could USCIS later require me to pay the difference? In other words, would the new fee apply retroactively to applications that were already filed?
The fee did increase – I believe it is currently $710, and there is a proposed rule that would nearly double the fee. I do not know when the new rule will go into effect, but if you are eligible for citizenship and want to file, it would be good to do that as soon as possible to avoid the higher fee (for all previous fee increases, if you already paid the fee, you do not have to pay the difference later – your case is processed under the old fee). Take care, Jason
Hi Jason,
I am from one of the 39 countries with a pending an asylum-based I-485. After the adjudication resumed, I received a status update about fingerprints, the 2nd of such update after 1.5 years. I wonder if that update means anything.
Thanks so much for your input.
It may be different in your local office, but in the DC area, asylee green cards are probably taking around 2 years, though some are shorter and some are longer. I am not sure that the online update has much meaning in terns of when the case will be completed, but at least it shows that something is happening. Take care, Jason
Hi Jason
It was saddening to see that you are no longer listed on the Murray Osorio website. I have followed The Asylumist for a long time and deeply respect your expertise and dedication to the asylum community.
Is there any chance you might still accept an individual asylum case, or are you completely done taking new clients?
I am working for a non-profit and we can take cases that fit the requirements of the non-profit. I just started and so I am not sure yet about our capacity. I do recommend Murray Osorio. The lawyers there are quite good and if you need a lawyer, they would be worth talking to. Take care, Jason
Jason,
Trying to keep in touch with you since you left Murray Osorio. Please can you reach out?
I will reach out to you, but I have retired from the private practice of law and am not able to assist with private cases. MO is representing you and they would be better positioned to answer questions about the case. Take care, Jason
Hello
are those granted asylum still need to pay the Anual Asylum Fee ? a year after granted ?
thank you
You only need to pay the fee while the asylum case is pending. Once you are granted, you do not need to pay. Take care, Jason
Hello,
First of all thank you so much for all your dedication and help, I know how valuable it is!
(you helped me 3 years ago to file asylum for my parents online).
My parents who came in state with visitor B2 visa and they filed asylum couple days before their 6 month expiration on their b2 visa, are now invited to separate interview for their I-485 application.
while they still have pending asylum case I as a US citizen applied for them and (I-130 approved) and now they schedule interview for their I-485 with a separate interview 1 day apart. now I’m getting a little worry as I heard parents normaly don’t have interview for green card but I uundrestand there might be some flags on their application like how do you enter and how they stay here before I-485 be in line. my question is should I have a immigration lawyer or is there any specific questions they need to be prepared, I don’t expect a 75yr old parent remember all dates or details can they have it in a list and they make sure it’s accurate before answers? can I or my wife be there as their translator? in the form they mentioned no family or friend as interpreter but I heard some parents use they sponsor child as their translator. I need to be make them prepare for the interview as they have no clue how it will be.
Thanks again!
USCIS has sometimes been asking why the person overstayed their visa and if there is not a good explanation, they can use that as a basis to deny the application. While this policy was announced, it seems USCIS has backed off, and so hopefully, your parents will not be asked questions about why they overstayed. If they are asked, it sounds like they have a good explanation, since they filed for asylum. I do think they should be prepared to answer questions about the asylum case. These would likely not be as detailed as an asylum interview, but they could be asked and should be prepared to respond. In terms of an interpreter, I doubt USCIS will allow a close relative to serve as an interpreter. I have seen that before, but I think they are more strict today. If they do not speak fluent English, it would be a good idea to have an interpreter, as they want to be sure to understand all the questions. Given the prior asylum case and the general nastiness of USCIS these days, it may not be a bad idea to bring a lawyer if they can afford it. The lawyer can just help ensure that they understand the questions and can help with documents if needed. Finally, I think these days it is normal for a parent to get an interview. USCIS is trying to interview everyone who applies for a GC. They are not interviewing everyone, but most people are getting interviews and it is not a surprise that your parents have interviews. Take care, Jason
Hi Jason,
I wanted to get your guidance regarding domestic travel for individuals with a pending asylum case.
Given the recent concerns surrounding domestic air travel, would traveling between states by interstate bus generally be considered a safer option for a pending asylum applicant? Are there any immigration-related risks or precautions that someone should be aware of when traveling by bus?
I appreciate your guidance.
I have not heard about ICE checking people on buses recently, though I have heard about that in the past. Based on what I have been seeing lately, I think at this time the bus is probably safer than traveling by plane. I would carry evidence of whatever status you have – passport, work permit, copy of your asylum receipt, and it would be a good idea to have a plan in place in case you are detained by ICE. Take care, Jason
Hello Jason,
I hope you’re doing well. I wanted to ask for your help understanding something my lawyer told me. He said I need to file a new asylum application with EOIR. My previous asylum case was administratively closed in January 2026 after I got married to a U.S. citizen and we submitted my I‑130 receipt to get it closed.
He also mentioned and I confirmed that the court issued a Finding of Removability and Scheduling Order based on a recent Northern District of Texas ruling. The Order says I must file any relief that hasn’t been filed before with in 60 days.
I’m trying to understand whether filing a new asylum application is actually required, or whether the existing asylum case can simply be reopened or updated since it was never terminated. My lawyer is asking for a very large additional fee to file a new asylum, so I want to be sure this step is truly necessary.
Thank you for taking the time to look into this.
Best regards,
If the asylum case was in court and was administratively closed, I am not sure why you would need a new I-589 form. If the case has been reopened, you should be able to use the old form, or you can update the form by submitting an update sheet (I wrote about that on July 6, 2022). That said, some lawyers prefer to file a new I-589 if things have changed, or it may be that the court ordered a new I-589. Also, it may be that the prior I-589 is not adequate and the lawyer is worried that the case could be dismissed under new rules. I think you should talk to the lawyer to understand why you need a new form. Also, it is really not a huge amount of work to prepare and file an I-589 form, so maybe the fee includes more than just the form. You are entitled to know what the lawyer is doing for you and what the fee is for. Take care, Jason
Hi Jason, is it possible to adjust the status on EB3 while your asylum interview is pending ? As the application was files within 5 months before i94 expired
Possibly. That is done under INA 245(k) and a BIA case called Matter of L-K-. The problem is that most USCIS offices do not seem to recognize Matter of L-K- and so adjustment on that basis is not likely to work these days. If you think that is an option, it is worth talking to a lawyer about whether it might work. It would also be worth asking if the lawyer had done such a case previously and how that went (note that things have gotten worse lately, and so some USCIS offices – such as in Maryland – that previously granted such cases may be denying them now). Take care, Jason
Hi Jason, thank you for your advice. I talked to an attorney, and he advised me to pursue the EB-3 option as well. He said that once the I-140 is approved, if USCIS schedules the asylum interview and then refers the case to immigration court, we may be able to request parole or present the EB-3 option to the immigration judge. If I have an approved PERM and I-140, we could ask the judge to allow me to adjust my status from within the United States. Is that likely to work in court? What is your advice on pursuing the EB-3 option?
Given the difficulty of getting a GC based on Matter of L-K-, I think this plan is not likely to work under any circumstances, and will be even less likely to work in court. I don’t mean to be negative, and while you can try to get status on this basis, it is quite difficult to do, and you should definitely be thinking of other ways to get status as well. Take care, Jason
Hi Jason,
I got my first interview last month. But due to absence of an interpreter, I applied for re schedule. They agreed and said we will notify you by mail. Now here is the twist. I have to start my new job in California, so I have to move from houston. Is it mandatory to go for interview in houston office or i can transfer my case to California? If I don’t move in next 20 days, I will lose the job opportunity.
You can move and file a change of address with USCIS. I do not know where your next interview will be. If it gets scheduled for Texas, you can contact the asylum office and see whether they are willing to move it or California. If they are not willing, you would have to attend the interview in Texas; otherwise, they might deny your application and send it to court. But the sooner you move and file the change of address, the more likely it is that your case will get moved before the interview. Take care, Jason
could you tell me if my situation is really that bad? I’ve heard that USCIS is denying cases for folks who used tax filing extensions and ended up making late payments. Right now, my balance is zero, and I’m planning to file on time for my 2026 and 2027 taxes. But for 2022 to 2025, I did use extensions and made late payments. The good news is I’ve completed my payment plans, and everything’s paid off now and got $0 balance. I’ve got about a year, and four months left to apply for my citizenship, but I’m really worried because I’ve seen a lot of people get denied over tax issues. Most of them applied for the N-400 while still on a payment plan, but I settled everything a year and a half before applying. I’ll file and pay my 2026-2027 on time! also, i should apply in October 2027 for my citizenship but do you think is it better to wait and apply in January 2028 so that 2022 won’t be brought up and just use the 2023-2027?
I have also heard about people being denied citizenship who have active plans to pay late taxes. I have not heard about people being denied who have already completed the payment of back taxes, but it may be happening as well. Given that USCIS policies are frequently changing, I think you will need to evaluate this issue closer to the time when you apply for citizenship. You may also want to collect evidence of good moral character, to help offset any negative factors, such as late payment of taxes (I personally do not see why this should be considered a negative factor, but that is how USCIS is viewing it). So maybe have evidence of any volunteer work you do, or charity donations, people you are helping, church/mosque membership, etc. And then once it is closer to the time to apply for citizenship, talk to a lawyer or take a look at what is happening for people who previously filed late taxes, and you can then determine whether it is a good idea to file at that time, or to wait for later. Take care, Jason
I’ve already started donating to a nonprofit organization! I also have no criminal record, but I did have three years of tax extensions and payment plans. Thankfully, I just paid everything off last week! In a year and 3 months I’ll start the citizenship process, so I think everything should be fine. From what I’ve heard, USCIS sometimes denies people who only pay their taxes right before applying for the N-400 because they suspect they’re doing it just to qualify or the people with active payent plan during the interview!
Last night, I was watching a livestream from a well-known attorney in California, and he mentioned that he doesn’t understand how filing for tax extensions and setting up payment plans could be seen as bad moral character. He joked that he does it every year and sees nothing wrong with it. He also said that if someone gets denied for that reason, they should file an appeal, which might also get denied, but then they can take it to federal court. A federal judge could grant citizenship without needing USCIS at all! But first, you have to appeal because you can’t go to federal court without that step. He believes this is a better option than just filing a new N-400 with USCIS again! What do you think? He mentioned that federal judges are aware that many people file for extensions and use payment plans without any issues. What’s your opinion on this? Should we consider going to federal court if USCIS denies the N-400 due to past tax extensions and payment plans?
I don’t really have an opinion on that, though I do agree that it is ridiculous to penalize someone by denying citizenship when their only “sin” is paying taxes on a payment plan, which is perfectly legal. Unfortunately, USCIS is acting in arbitrary ways and so it may be necessary to go to federal court to get what you need, though I would check with a lawyer to see how N-400 cases are being processed when it comes time to apply Hopefully, USCIS will simply do its job and process the application properly. Take care, Jason
Hi Jason,
I applied for asylum in 2015, which was 4 years after coming to the US through F-1 visa. My asylum interview was scheduled last March at the SF office, but the asylum officer wasn’t there, so I was told they had to reschedule it. I haven’t heard since. Now that they are referring cases to courts, is mine likely to be referred to court because of the one-year deadline being missed? And if it does get referred to court, would the hearing be scheduled in months or years? I know there’s a backlog but I’m not sure what the scheduling order depends on, e.g. how long ago the application was submitted or how recently a case is referred.
You can email the asylum office to ask about the rescheduled interview. You can find their email if you follow the link under Resources called Asylum Office Locator. You may also want to submit some additional evidence about the one-year bar to try to avoid be referred to court without an interview (in a post dated July 29, 2026, I wrote about that issue). If you get sent to court, the wait times vary by judge, and it is not predictable. In general, most cases probably take 6 months to a year, but it could be longer (or shorter). Take care, Jason
Hey Jason, I’ve been waiting for my asylum interview for almost five years. I finally had my in-person interview four months ago, and it lasted about four hours. Now, I’ve been invited for a second interview next week.
Does anyone know what this might mean? Has anyone had a similar experience—especially having a second asylum interview several months after the first one?
Thanks
K.
I wrote about second interview here: https://asylumist.com/2022/06/22/second-interviews-at-the-asylum-office/, and maybe that would be helpful. Basically, you just need to prepare as you did for the first interview, but review what happened at the first interview and be careful about saying anything inconsistent from the first interview (or be prepared to explain any inconsistencies). A second interview is not necessarily a good or bad sign; it often just means that the Asylum Office needs more information because they forgot to ask something or new questions came up during the background check. Take care, Jason
Jason, I am eligible to apply for citizenship. I received my green card based on approved asylum more than five years ago, but I’m reluctant to do so because of all the increased vetting and recent denials. Do you think I should wait until we have a new administration before applying?
I have nothing to worry about with my case, but you never know if a particular USCIS employee might flag something unnecessarily, and then I could end up being stuck dealing with it for a long time.
If you think there are no issues with your case, I do not see any reason to wait to apply for citizenship. If you are worried, you can talk to a lawyer about the specifics. I also wrote this about applying for citizenship for people who previously had asylum: https://asylumist.com/2020/12/02/u-s-citizenship-for-asylees/. While we have seen delays and increased vetting, people are still obtaining citizenship. Also, there is definitely on guarantee that things will get better in the future. My thought is that people who are eligible should probably apply, as obtaining citizenship should be the end of the journey and you won’t have to worry about all the immigration nonsense any longer. Take care, Jason
Hi Jason,
My husband is due for Citizenship in start of next year. Me and my daughter are due in 2029. After my husband got citizenship, Is there any way that me and my daughter can apply for citizenship before 2029?
For you (the spouse), I do not think so. However, if your daughter is a minor and has a green card, and she lives with your husband (and assuming he is also her father), she should be able to claim US citizenship as soon as he becomes a US citizen. She would do that using form N-600, available at http://www.uscis.gov or by applying directly for a US passport. If she is not sure about this, she can talk to a lawyer who should be able to assist. Take care, Jason
Hello Jason,
Thank you for your relentless help for the asylum community. I have a quick question, what will happen to me if ICE detained me while my immigration court case is already scheduled for December 2026. Will I be kept n detention until my scheduled court date which is December? Thanks
If you are detained and are not released on a bond, your case would switch from the “non-detained” court docket to the “detained” docket, which is faster, and so you would probably have a faster court date. This is not because the government wants to help you, but rather, because detaining people is expensive and the government wants to save some money. Take care, Jason
Good afternoon Jason,
I hope all is well. Can mental health diagnoses affect a person’s eligibility from becoming a LPR or from obtaining citizenship in the United States?
I do not think a mental health diagnosis by itself would affect eligibility. For the Green Card, I do not think there would be an issue, but the person needs to pass certain tests to become a US citizen and if they cannot do that, they may be denied. It is possible to get a medical exemption to the tests (see form N-648, available at http://www.uscis.gov). Of course, if the mental health issue has caused other problems, such as arrests, that could be an issue. It may be a good idea to talk with a lawyer to make sure there are no issues and to see what support may be available to the person when they apply. Take care, Jason
Good morning Jason,
I hope all is well. I have a question. If someone from Haiti is applying for asylum based on past persecution based on working as a health professional and was diagnosed with 2 mental health issues while in the United States (ex. Depression and bipolar disorder). They take medication for both I believe.
Haiti’s health infrastructure is essentially broken. Hospitals have been burned or have not been able to reopen due to gangs not authorizing a reopening. The person will be unable to obtain necessary medication.
Would the mental health diagnoses and the unavailability of needed psychiatric medications
be considered other serious harm?
It could be considered “other serious harm,” but keep in mind that to qualify for asylum on that basis, the person must previously have suffered persecution on account of a protected ground (such as political opinion or religion, for example). I wrote more about qualifying for “other serious harm” asylum here: https://asylumist.com/2011/11/21/the-forgotten-path-to-asylum-other-serious-harm/. Take care, Jason
Hi Jason,
I hope you are well. I recently got out of detention in San Diego. I got picked up in the airport as a vista overstay (no criminal history or abuse of immigration laws). I got a habeas order from a judge ordering my immediate release without language to bar ice from redetaining without notice and an hearing. I was released in 5 days. I completed my first ice check since release and changed my address from SD to NYC. I have to fly back to work in NYC (my permanent address). Would you recommend flying again through LAX to JFK, taking the Amtrak or driving? I am worried about getting redetained on any flight and also worried about passing through red states in my friends car to nyc.
It is an incredible disgrace and a human rights abuse for you to be treated that way, and it brings shame on our country that this happened to you and is happening to many others. Whether you are at risk of re-detention given the habeas, I am not sure. I simply do not trust ICE to abide by the law (or by common decency), and so I would worry about traveling by air, even with the habeas. I have not heard about people being detained on trains, and so as far as I know, the risk for that is less. Also, traveling by car should be relatively safe from ICE, especially if you are not near a border. For whatever mode of transportation you choose, you should have access to all your documents, including passport, I-94, any pending applications receipts, ICE check-in documents, and the habeas order. I do think there is a good chance that all those would protect you from being detained again. There are no guarantees, but having your documents (and a plan in case you are detained again) is the best way to protect yourself. Take care, Jason
Hi Jason, I hope my this message will find you and your all family member happy and healthy.
One of my friends, he just got an email from uscis for his petition based on F4 to provide some documents, his case was filed by his brother in 2010 and approved in 2014, his kid was at that time of almost 13 years and few months, now after submitting of paper work, his interview may come after two years when his priority date would be current because there is a gap of almost one and a half years in both charts of visa bulletin, so he was curious about the age out factor of his kid, So he was requesting to ask your kind thoughts about this issue, weather USCIS will consider the kids age at the time of submitted documents or it will be considered at the time of visa interview?
I will be much appreciated for your kind reply
I don’t do many such cases and so I think you need to check with someone who does. However, my understanding is that if the child turns 21 before the visa is available, they cannot benefit from the visa. I would double check this with a lawyer who does more consular cases than me, as maybe there is something that can be done to protect the child from aging out. Take care, Jason
Thanx alot as always for your kind and humble reply, your suggestions always helped not only me but alot of needed individuals in these times, I will be anxiously waiting for your findings. May almighty bless you and your family.
Sorry, I think my language was not clear. I am recommending you/your friend talk with a lawyer who does these types of cases to be sure, as I do not do much consular work. I believe that for a derivative child of an F4 person, if the child turns 21 before the visa is available, the child cannot get a green card. I think you should double check this by talking with a lawyer, as maybe there is something that can be done, but since I do not do this type of work, I do not know for sure. Take care, Jason
Thanx again for your great answere , I think I misunderstood your answer, so I will definitely check with a lawyer. May almighty bless you and your family
Jason, are the public charge rules also applicable to people applying for U.S. citizenship? I’m just trying to understand whether applicants for green cards and citizenship go through the same vetting process regarding the public charge rules.
As far as I recall, the public charge rules are for most green card applications (but not for asylee or refugee GC applicants, among others), and I do not think they apply to citizenship applications. I do think if you feel you might be labeled a public charge, it would be a good idea to talk to a lawyer just to be safe about the citizenship application. Take care, Jason
Hi Jason, just wondering have you seen FGM (past persecution) asylum cases being approved in court recently. Just concerned with the current new rules. Thanks
I have not had such a case very recently, but FGM cases tend to be strong cases. The person can apply for humanitarian asylum (based on the severity of the past harm) and she would likely have a well-founded fear of “other serious harm” if she returns, such as domestic violence or other violence against women, forced marriage or danger from criminals. I wrote about FGM and “other serious harm” here: https://asylumist.com/2012/03/26/fgm-other-serious-harm-asylum/. Take care, Jason
Ok, thanks Jason
Hi Jason,
From years of experience with asylum cases, have you seen a successful asylum case centered around forced abortion (past persecution) that has led to possible health complications?
Such cases can succeed. We have one coming up soon, but in that case, the client’s boyfriend forced her to abort the pregnancy and the judge is resisting our argument, as she (the judge) thought it only applied to forced abortion caused by the government. We argued that a government or non-government actor that causes a forced abortion can be a basis for asylum. I think that argument makes sense given the plain language of the law, but we will see how it goes. Take care, Jason
Hi Jason,
Thank you for good work you do.
There have recently been cases of ICE ramping up arrests at airports for people whose visas expired.Most of the people targeted have applied for affirmative asylum and have EADs.That means they also have driver lisences based on those EADs.What basis is ICE using to arrest them if one presents a valid driver lisence to TSA when travelling,and not their passports that have expired visas?
These arrests are also targetting people with legal status,such as those who came on work visas,but their status was extended by uscis,but the visa they originally entered with has since expired.The legal status remains valid as their status were extended.
In all these cases,what documents should one travell with to be safe at airports?
Thank you.
Chichi jojo.
There have been many reports lately about non-citizens, including those with pending asylum (or other) cases, lawful entries to the U.S., and no criminal records, getting detained at the airport. ICE can detain non-citizens who are out of status, and the fact that a person has a pending application does not give that person a status. Previously, ICE never targeted such people, as they have a right to apply for immigration benefits and they were following the law, but now, ICE is seeking to harm and terrify as many people as possible, and airports are a new area where they can do that. How exactly they are identifying people, I do not know, but TSA is running a check and finding people whose status has ended. For people who entered the US lawfully, they would be eligible for release on a bond from an immigration judge, but that can take weeks and can be expensive. At this point, most immigration lawyers are recommending that people without a valid status avoid traveling domestically by air, and until we have a better sense of the scope of these detentions, I think it is safer to avoid airports if you do not have status. If you do have status (such as green card, H1b, asylum granted, etc.), it should be ok to travel, and you should bring proof of that status, such as the valid visa, the asylum approval and asylum-based EAD, the green card, etc. I have not heard about such people being detained or having problems traveling. Take care, Jason
Thanks Jason for your response.
Most of those cases of people being detained at airports are reported as people who overstayed their visas-Either overstayed and applied for asylum or married to U.S Citizen.
Do you have any idea if these people are those who applied for these benefits after their “authorized stay period expired,” say came to U.S on B1 visa and applied for asylum or marriage after 6 months?
Or are they just targetting anyone who came on a visa,and did not return home,even if the person applied for a benefit while they were still in their period of authorized stay indicated on their entry visa?
Thank you.
Concerned potential airport traveller.
I do not think it makes much difference, and I am hearing reports about people being detained at the airport for domestic travel, even where they entered lawfully, filed for asylum (or some other benefit) before their status ended, and who do not have criminal or immigration issues. We do not have a good sense of how common these detentions are or if there are some airports that are more dangerous than others. For the moment, most immigration lawyer (including me) are recommending that people without a lawful status do not travel domestically by air, even if they have a pending application, as there is a risk of detention. Take care, Jason
Thank you for your advice,Jason.
Hi Jason, if we got asylum denied in the first interview,
1 can we appeal in court or
2 if they refer then only we can appeal?
1 – If asylum is denied at the asylum office, the case is sent to court where you can present your asylum case again. It is not an appeal; the judge will make a new decision about whether you qualify for asylum. I wrote more about what happens when an asylum case is denied here: https://asylumist.com/2018/03/07/your-affirmative-asylum-case-was-denied-now-what-part-2-immigration-court-and-beyond/. 2 – If your case is denied by the judge, you can appeal to the Board of Immigration Appeals (and if you win, DHS (the prosecutor) can appeal to the BIA). Take care, Jason
Hi Jason, a big thank you for helping people. I have a question, what are the options for a person to remain in the USA, once he get denied for the asylum in the very first interview?
It depends on many factors. If you get referred to court, you would certainly want to talk with a lawyer about ideas. If you have been in the US for 10+ years and have certain US citizen or green card relatives, maybe you would be eligible for Cancellation of Removal. You might also be eligible based on a family relationship (especially if you are married to a US citizen or have a US citizen child who is 21+ years old) or even employment, though that is often much more difficult. For many people, the only option is asylum (and Withholding of Removal and Torture Convention protection), but do talk to a lawyer about options, as it is important for the lawyer to know the specifics of your situation in order to best advise you. Take care, Jason
Hi Jason
My pending I 751 was submitted to one processing center, then was transferred to another, I’m from the 39 banned countries, then about a month ago when the judge asked the Uscis to resume processing applications from these countries, my case was transferred again to NBC , just over the weekend again got transferred to local office, what’s your take on case please, can you read anything with your expertise on what’s next, it’s a joint filing with a lots of evidence, just so you know….thanks in advance
Cases get transferred around internally and I do not think it has any particular meaning. In general, I-751 forms are very slow, and they are often not decided until the same time as the citizenship application (at least for people who file for citizenship based on 3 years of marriage to a US citizen). Presumably, the delay from the ban made things even slower, but it is difficult to know, and the ban is currently not in effect at USCIS. The one positive point is that maybe all the movement indicates something is happening, but again, it is difficult to know. Take care, Jason
Hi thank you for this blog. I am an asylee and have my green card interview coming. The main question that worries me is that I replied yes to the question “Have you EVER lied about, concealed, or misrepresented any information on an application or petition to
obtain a visa, other documentation required for entry into the United States, admission to the United States,
or any other kind of immigration benefit?” I did provide more details on the additional section by saying that “WHEN APPLYING FOR AN F1 VISA IN xxx IN OCTOBER 2015, I DID NOT DISCLOSED THAT I WAS
ARRESTED AND JAILED TWICE BY THE xxx AUTHORITIES . I WAS AFRAID OF RETALIATION BY
Xxx GOVERNMENT AND AFRAID MY VISA WILL GET DENIED AS I NEEDED TO ESCAPE.” I also disclosed the same thing during my asylum interview so wanted to be consistent in my I-485 application. Should I have apply for a waiver when I applied for my GC? How should I get ready for this interview and what do they usually check for Asylees interview. Thanks
Such a misrepresentation is usually not fatal to an asylum case (there is a BIA case called Matter of Pula that discusses this). In the past, I have not included a waiver for such a problem and there were no issues. However, these days, it may be a good idea to submit a waiver. The refugee waiver (form I-602) is free and it is generally an easy waiver to get, and so submitting it is not difficult. My concern is that USCIS is trying all sorts of ways to deny cases and harm people, and so if there is no waiver, maybe they would deny the case without giving you a chance to submit the waiver. This really would be improper, but you cannot trust them, and so the safer approach may simply be to submit the waiver. Talk to a lawyer about this if you are not sure. While I think the waiver should not be needed, since it is free and not difficult, it probably makes sense to submit it. Take care, Jason
Hi Jason,
You were right. The ISO made me complete a 602-waiver during the interview. I was happy she didn’t do a RFE and she was eager to get me approved. I had a very strict deadline which she acknowledged. I was approved today. So happy this journey is over now waiting for the GC.
For anyone curious I applied June 2025 and got my case expedited through senator in June 2026
Once in a while, I get it right, so that is good. Also, obviously, it is great news that she helped you with this, and I hope you get the GC soon. Take care, Jason
Hello Mr Jason,
Thank you for everything and for your help. I just want an advise I apply RTD last year but it’s expired. So, I want to apply again because I want to travel next year. Do you think I have to send them the expire one or it’s not necessary. And, is it possible to get it right now because my country is on 39 countries list but I want to go in 3rd country not in my country of origin because I’m an asylee. Thanks for your advise.
The instructions only require that you send the original RTD to USCIS if the RTD is still valid. If it has expired, you do not need to send it. In terms of whether USCIS will issue an RTD to a person from a “banned” country, at this time, USCIS is processing cases from banned countries and issuing documents – a federal court has ordered the agency to do that. This could change, but for now, they are issuing documents. Even if the situation changes and USCIS stops issuing decisions for banned country people, the agency will still process your application up until the decision, but then hold the document until the ban ends (we do not know when that will be). For this reason, id you want to apply for a new RTD, I would recommend you do so – there might be additional delays, but for me at least, it makes sense to start the process, and hopefully, you will get the new RTD at some point (even without the ban, it often takes a year to get a new RTD). Take care, Jason
If you don’t mind can you let us know when did you apply for your Asylee AOS? Just to know the month that they are working on….thanks!
Maybe the person will reply, but we are seeing all different wait times, and there could be further delays for people from “banned” countries, although the USCIS pause is currently not in effect. I would say a good guess is 1 to 2 years. Take care, Jason
Thank you!
Hello Mr. Jason,
I hope you’re doing well. I am reaching out to ask you some suggestions.
I entered the United States legally on an R-1 religious worker visa. My I-94 was valid until April 2015. Due to serious safety concerns, I left my sponsoring organization. After moving to New York, I experienced additional danger. I filed an affirmative asylum application with USCIS in September 2016, and my case has remained pending since then. I have never been scheduled for an asylum interview.
Since then, I have maintained employment authorization and currently also have Temporary Protected Status (TPS). I have been working at Amazon for many years, paying taxes, and I am completing my bachelor’s degree.
Recently, my father, who is now an 85-year-old naturalized U.S. citizen, contacted me seeking reconciliation and has expressed a willingness to help me. My brother is also a U.S. citizen and has offered his support. I would like to understand the best legal strategy for my situation, including whether my father should file an I-130 petition for me while my asylum case remains pending, and how that would interact with my current immigration status.
I am looking for your advice since I know you are an experienced immigration attorney.
Thank you very much for your time and consideration. I look forward to hearing from you.
It would be worthwhile to talk to a lawyer about the specifics of your case to see what else could be done. Your father and/or brother could file an I-130 petition for you, but those would take many years (assuming you are over 21 years old). You can Google “DOS visa bulletin” and see the wait times. Also, to get a green card based on those family members, you would most likely need to leave the US and get the green card overseas, which you may or may not be legally able to do, and you would need to talk to a lawyer first to check eligibility. If you lose the asylum case and get sent to court, you could potentially apply for Cancellation of Removal. This is a way to get a green card and it can only be done in court. One requirement for Cancellation of Removal is a US citizen or green card parent, child or spouse, and so your father could be used for that purpose. I wrote more about that here: https://asylumist.com/2025/06/25/cancellation-of-removal-an-alternative-for-some-asylum-seekers/. Again, this can only be done if you are sent to court. Take care, Jason
Mr. Jason,
Thank you very much for your thoughtful response. I appreciate your explanation of the possible options in my case.
Based on what you shared, I would like to have my case reviewed in detail. Would you be willing to schedule a consultation with me to evaluate my immigration history and discuss the best strategy, including my pending asylum case, my father’s potential I-130 petition, and any other options that may be available?
If you are accepting new clients, please let me know your consultation fee and how I can schedule an appointment.
Thank you again for your time and consideration.
My firm can give you a consultation appointment. If you email them at info@murrayosorio.com, they can give you details about the fee and availability with me or another lawyer. Take care, Jason
Hello jason ,
I have a question about my future N-400 naturalization application and would appreciate your opinion.
I am a lawful permanent resident and plan to apply for U.S. citizenship in 2027.
Here is my tax history:
I filed my federal tax returns every year for several years, I requested IRS-approved filing extensions because I own a business and needed additional time to accurately complete my returns.
Although my returns were filed, I did not always pay the full tax by the original April deadline.
For some years, I entered into IRS installment agreements and eventually paid the balances.
My goal is to have all federal and state taxes fully paid before I file my N-400 and even file 2026 tax on time
Recently, I many N-400 applicants receive a USCIS request asking for an explanation after filing a tax extension. That made me wonder how USCIS views these situations? i saw some post online some people really got denied for that reason even though it doesn’t make sense cause these extensions were approved by the IRS
My questions are:
Can multiple IRS-approved filing extensions, by themselves, negatively affect the good moral character requirement for naturalization?
If all tax returns were filed and all taxes are paid before filing the N-400, how does USCIS generally evaluate previous late payments and installment agreements?
Have you represented clients with similar tax histories RECENTLY, and if so, what were the outcomes?
Is there anything I should do before filing my N-400 to strengthen my case?
THANKSSSS
1 – I do not think that tax extensions should affect your good moral character, especially where you paid all taxes. 2 – I have not seen this as a problem. 3 – I have not. 4 – Talk to a lawyer about this. In the past, I would not have worried about it, but these days, you have to be extra careful. If there is some reason to believe the tax extensions point to bad character (and I do not see why they would), you can provide a more detailed explanation and get some additional evidence of good character, which should help. Take care, Jason
I really hope you’re right because I’ve seen a lot of posts on Facebook groups and Reddit about people getting RFEs or even having their citizenship denied due to tax extensions. as you know those extensions lead to late tax payments cause how am i supposed to make a payment when i don’t know how much i owe the IRS!!!, I see people now online say it’s viewed as bad morals by the applicants and can cause issues! It’s not happening in every USCIS office, but it seems to be a growing trend! By the way, is donating online every month to a nonprofit organization in the US seen as good morals by them? I’m planning to do that and will make sure to file and pay my taxes for 2026 and 2027 on time. I’ve never had a criminal record or even a speeding ticket in 11 years in the US! I can’t believe I might get in trouble for using tax extensions, which is legal, and then setting up a payment plan. Every year, I was paying $30-$50k in taxes, so I needed those payment plans because I can’t just pay that all at once with everything else going on in my life!
USCIS is trying all sorts of things to harm immigrants, but I have not seen a case where a person was denied for having a tax extension and where the person paid the taxes. I believe that could be possible, as anything is possible these days, but I have not seen it. If your taxes are current, I do not see how that could be used as a negative factor in terms of good moral character. It is a good idea to get some positive evidence of good moral character, and donating to a non-profit, volunteering, involvement with a school or religious group, and similar activities could be evidence of good character. Take care, Jason
Hi Jason,
I hope you are well. I wanted to quickly ask your opinion about the recent developments and court rulings affecting asylum-based I-485 applications for nationals of the countries subject to the ban. Given the recent court decisions and ongoing litigation, could you share any insight into where things seem to be headed and what we might expect in the coming weeks or months? Thank you!
It sounds like the federal judge is dragging out the case, so that USCIS cannot appeal. This is giving more time for cases to get processed. However, I think an appeal is coming soon, and the appeals court may “stay” (block) the judge’s order ending the pause. This would allow USCIS to continue pausing cases from “banned” countries. I do not know whether the appeals could will do that, but I expect we will know in the next month or so. Take care, Jason
Hi Jason
I filed a WOM for pending Gc, but the government did not respond and missed the deadline. my attorney served them again, but there has still been no response. the deadline for the second service is ending soon.
Is it common for the government not to have an assigned AUSA the first time and then need to be served again?
What options do I have if they still don’t respond this time? I’m really confused.
I am not an expert on mandamus cases, but if the government does not respond, I would imagine your lawyer can ask the judge to grant the mandamus and order USCIS (or whoever the defendant is) to process the case. The lawyer should be able to tell you more about that. Take care, Jason
Hi Jason, thank you for sharing your valuable knowledge. I am an Iraqi physician working at a well-known university medical center in the U.S. My affirmative asylum case has been pending since December 2017, with no interview scheduled yet. I was wondering about your opinion on whether filing a mandamus would be a reasonable option at this stage. Thank you for your guidance.
It depends on many factors, and it would be a good idea to talk about the specifics with a lawyer. One thing to consider: If you have a parent, child or spouse who is a US citizen or has a green card, and if you are denied asylum and sent to immigration court, you could be eligible for Cancellation of Removal after you have 10 years in the US. This is another way to get status in the US aside from asylum. If that is the case, you would probably be better off waiting until you have the full 10 years before filing a mandamus. That way, if you get sent to court, you will have Cancellation as a second option aside from asylum (note that once the court case begins, the clock stops, and so if you do not have 10 years in the US at the beginning of the court case, you will never have the 10 years, even if your court case takes years). There may be other considerations as well, such as the strength of the asylum case, other options available to you, etc., and the best way to know is to explore the situation with a lawyer to make sure mandamus is a good choice. Take care, Jason
Thank you, appreciate your input
Dear Jason,
could you please clarify a bit more of how the Cancellation works if someone is here for more than 10 years. Is it from the day of arrival? is it 10 years+ 1 day? we do have US minor children who were born here, in the US. Our asylum decision is still pending since 2019. We have had two interviews and we are from one of those banned countries which decisions are put on hold. what are our best actions: are we simply filing Cancellation on the 10 years+ 1 day? will there be an actual court, do we have to appear? I understand there are lots of Xs, but what are the chances to win? what does it mean if we win and be granted the Cancellation; can we stay forever? how about EADs?
Thank you!
Ron.
I wrote about it here: asylumist.com/2025/06/25/cancellation-of-removal-an-alternative-for-some-asylum-seekers/, and that should answer most of your questions. It is 10 years or more from the day you arrived, but the clock stops counting time if you get a Notice to Appear in immigration court. Also, if you left the US during the 10 years, it could make you ineligible, you would want to have a lawyer look at that. You cannot file for Cancellation of Removal unless your case is in immigration court. If you win Cancellation, you get a green card, but there is a waiting period for that, and it is long – at least 5 years and maybe much longer. You can get an EAD while you wait. Check that article for more details. Take care, Jason
Hello Jason,
My friend’s Asylum case was previously under administrative closure, but it was recently reopened. His hearing was originally scheduled for August, but it has now been rescheduled to October for a master calendar hearing.
He has also received a notice from ICE to appear before his new hearing date, and he is very worried. Can ICE detain him when he appears, even before the immigration judge decides on his case?
Thank you.
Many people have had their cases reopened this way. It would be good for your friend to talk to a lawyer to evaluate any risks. In general, people who entered at the border without a visa are more vulnerable to detention than people who entered with a visa, but if he has an ICE check-in, it is best to talk with a lawyer so he can get some help if he is detained. If that happens, it is important for the lawyer to move quickly, and so if he can talk to a lawyer and have a plan before the check-in, that is safest. Take care, Jason
Hello Jason,
I hope all is well. I wanted to know have you had any cases for Haitians who have won asylum based on gender based violence and religious persecution. Is it truly worth it under this administration?
The Administration has made it more difficult to win gender-based cases, but it is still possible. We have had some success with Haitian cases, and of course, the situation there is dire. Maybe have a lawyer look at the specifics of your case to better evaluate the chances of success, and also to identify any weak parts of the case that you should address. That should increase the likelihood of a good outcome. Take care, Jason
Thanks for the reply its really helpful.
I have one more question. My daughter is 17yr old student. And her real id was cancel recently by dmv due to proof of residency. I didnot renew her ead card coz she was student and didnot intend to work. I went to dmv to explain that she is with me in my application and we dont want her ead now etc but they didnot accept. So finally after asking u i was renewing her ead card but in between my case was ref to court from uscis. It will be master hearing. Now she does not have id, not ead and our country passport was expired. What should i do ? We have hearing next week. I am worried about her. Can you suggest something and its safe to take her to court with expired docs.
Awaiting for you reply.
Thanks Jason
It should be ok for her to go to court. If she applied for a new EAD, being referred to court should not stop that process, and hopefully, she will get the card soon. She may want to bring her expired passport and/or old EAD to court; at least that is a form of ID, even if it is expired. Also, so you know, we have not been hearing about people being detained in court lately. Also, people who entered the US with a visa were generally not being detained anyway, and so if that is her, she is probably safe to go to court. It is best to have a lawyer for a court case, and so you may want to find a lawyer to assist, and the lawyer should know more about conditions in the local court and if there might be any risk. Take care, Jason
Thanks Jason,
Actually i said i was in a process to apply her EAD but all of sudden this NTa comes ref to court so i stop and confuse what to do now. Right now her id was cancel and passport and ead expired. Will the court accept expire documents and is it safe coz next Monday we have to go. Secondly can we apply her ead in this stage as we ref to court. If yes then how can and where to allly. Is it the same process or different. Thanks
Awaiting your reply.
Regards
Normally, in court, you do not need an ID, but if her IDs are expired, she can still bring them to show who she is. In terms of whether there is a risk of being detained, I can’t tell you much more than I wrote before. If she entered legally, it is probably very unlikely that she would be detained, but nothing is impossible, and it is a good idea to have a lawyer to assist, just in case that happens. In terms of applying for an EAD, the process is the same as before, but she will need to include documents that the case is pending in court, such as the Notice to Appear and the next hearing notice. Take care, Jason
Hi Jason, if an asylum denied in the first interview. What is the removal procedure? Is there any mandatory detention (no criminal records at all)? Or they give a specific time period to leave? And within that time period, can the person appeal in the higher court?
If asylum is denied at the asylum office, the person is usually sent to court (unless they are in the US on some legal non-immigrant status). They can then present their asylum case to the Immigration Judge. I wrote about the immigration court process here, and maybe this would be of interest: https://asylumist.com/2019/09/25/what-happens-at-an-asylum-hearing-in-immigration-court/. Take care, Jason
Hello jeson
I was granted asylum last August after 7 years of waiting ,i still didn’t file for green-card ,it is advisable to file now or just stay with EAD ? just what we hear and see is just traumatising a bit
thank you !
Assuming you have no criminal issues or immigration problems, you should be able to get your green card. If you are from a “banned” country, there would potentially be a longer delay. If you are not sure about applying, talk to a lawyer about the specifics of your case. I also wrote this about the green card process, and it might help: asylumist.com/2017/11/13/the-perils-and-pitfalls-of-applying-for-a-green-card/. If you do not feel safe applying, you can wait. The issue is that asylum can be a more vulnerable status than a green card. If USCIS decides that your country is safe, it could jeopardize your status. This has not happened in the past, but they are doing all sorts of sneaky things to harm immigrants, and at least in my opinion, having a green card is probably a more stable status than having asylum (though unless something changes, both statuses should be safe). Take care, Jason
Hi Jason ,my individual hearing was postponed 4 times now .all those time when we are going to start the judge cancel it and give another date.now the judge gave 3 months to come back again and it was webex.on June 1st the DHS attorney sent a motion to pretermit my application.my attorney sent the opposition of that to the judge .my individual hearing still on the system.my judge said in the opposition the DHS never read my file and doesn’t know the entire case.and everything the DHS said is the opposite of my case .we provide many exhibits and every single proof .what will happen in the day of my hearing now ?
DHS is trying to pretermit many cases (meaning, the case will be denied without a hearing). There are different reasons that this can happen, but not every case is vulnerable to pretermission, and here, it sounds like DHS may not have found a proper basis to pretermit. Assuming that the case is not pretermitted, the hearing would normally go forward, but sometimes cases get rescheduled for unknown reasons. In your case, given all the prior reschedules, maybe your lawyer can push the judge to do the hearing, as it is very damaging to keep getting postponed when you are trying to go forward. Take care, Jason
Hello Jason,
Hope u doing good. I have couple questions.
Last year i got my first asylum interview with uscis after 8 year and after one year of waitythe answer last week they sent me notice to appear/ ref to court. Now is it good sign?
This will be my first court hearing so i wanna know is it master hearing or not coz in letter noting mention. Second do i have to take all my family members with me to court coz they r in the application or i will go alone as i am main applicant. Third is it save to go to court they will detain or deport me like u know current situation. Fourth and last the nta notice said that u stay is illegal sin e we file etc so is yhis general for everyone. And sorry last thing can we resechulde the date or do it online is it possible.
Awaiting for ur reply.
Thanks in advance for ur support
Regard
It sounds like they denied your asylum case (they call this a “referral”) and sent you to immigration court. It is still possible to win asylum (or some other relief) in court, and certainly, I think you should not give up. As to the other questions: 1 – It is probably a Master Calendar Hearing, as that is normally the first hearing. You can check that if you enter your Alien number and country here: https://acis.eoir.justice.gov/en/. 2 – If they were referred to court, they need to attend also. Otherwise, they will be deported. Each person should have their own Notice to Appear. If you are not sure, it is probably safer for them to attend, rather than get ordered deported (US citizen family members would not need to attend). 3 – In general, most people detained in court are people who entered the US without a visa at the border, and I have not been hearing about courthouse detentions recently. It depends on the local situation, and so it is a good idea to talk to a lawyer in your area. 4 – The NTA sounds standard, as they always explain why you are not legally present in the US. 5 – The website above should tell you whether the case is in person or virtual. There is really no easy way to reschedule when you do not have a lawyer, but if you have a lawyer, the judge will sometimes order that everything be done in writing and allow you to skip the hearing, or change an in-person hearing to virtual. For court cases, it is much better to have a lawyer help you, and it is a good idea to start working on finding a lawyer as soon as possible to help with the case. Take care, Jason
Thanks for the reply its really helpful.
I have one more question. My daughter is 17yr old student. And her real id was cancel recently by dmv due to proof of residency. I didnot renew her ead card coz she was student and didnot intend to work. I went to dmv to explain that she is with me in my application and we dont want her ead now etc but they didnot accept. So finally after asking u i was renewing her ead card but in between my case was ref to court from uscis. It will be master hearing. Now she does not have id, not ead and our country passport was expired. What should i do ? We have hearing next week. I am worried about her. Can you suggest something and its safe to take her to court with expired docs.
Awaiting for you reply.
Thanks Jason.
Hello Jason.
I’m an asylum applicant and have been in the US close to 4 years. I just got the following email and would like to know if it would affect my situation. I had entered on F1 visa, but i didnt attend the college.
Dear U.S. Visa Holder,
Please be advised that your U.S. visa has been PRUDENTIALLY REVOKED under section 221(i) of the Immigration and Nationality Act by the U.S. Department of State on 24-JUN-2026. This action is based on the fact that after visa issuance, information has come to light indicating that you may be inadmissible to the United States and ineligible for your visa. If you are still physically present in the United States at this time, the visa revocation will become effective upon your departure from the United States. If you are not physically present in the United States at this time, the visa revocation is effective on the date the visa was revoked.
You will not be able to travel to the United States using your current visa. If you plan to travel to the United States in the future, you must apply for a new visa. If you choose to reapply, you are required to submit a new application form and photo and pay the visa fee again. You must also reappear before a U.S. Consular officer to establish your eligibility for a visa before being permitted to apply for entry to the United States.
Sincerely,
U.S. Embassy
The visa controls whether you can enter the United States. Since you are already here, this email has no effect. However, if you leave and try to re-enter using your F visa, that would not work. Many students who filed for asylum are receiving similar emails, but as long as you do not plan to leave the US, it should have no effect. Take care, Jason
Greetings Jason ,
Is there a difference between the following USCIS message changes .
– USCIS is currently processing the case (New message).
– Case is still processing by USCIS ( previous message).
Please advise and Thank you inadvance for your continous support.
I have never gotten a good answer to this from USCIS itself, but my sense is that there is no difference between those messages. It would be nice for USCIS to explain why the messages change like that and if there is any meaning to this, but I do not expect an explanation from them any time soon. Take care, Jason
Hi Jason, I am on pending asylum (not interviewed) since 2017, is there any way that I can apply for GC? Or is there any rule that if I finish my 40 quarters of employment and no criminal history, then I am eligible for GC?
I know of no such rule. If you get sent to immigration court and you have 10+ years in the US, you may be eligible for Cancellation of Removal, but you need to be in court and you need a US citizen or or green card child, parent or spouse who would suffer extreme hardship if you are deported (among other requirements). I wrote about that here: https://asylumist.com/2025/06/25/cancellation-of-removal-an-alternative-for-some-asylum-seekers/. You may want to talk to a lawyer to see if you have other options, as sometimes it is possible to get a GC based on employment or other ways, but it depends on the specifics of the case. Take care, Jason
Hey Jason,
U trust you are well and looking towards July 4.
Recently,DHS issued a proclamation that adjustment of status inside the U.S will be discretionary upon the reviewing officer’s decision.
Yesterday,i read that the proclamantion takes effect today.
Have you heard any of your clients or other attorneys’ clients being denied adjusting status and reffered to consular processing?
If so,what percentage is affected and which groups of people are being denied?
Also,are there any lawsuits filed to stop the DHS action on discretionary approval for adjustment.
Thank you.
Chichi jojo
It seems USCIS is applying this rule inconsistently. After the announcement, we saw some cases where people were asked why they overstayed their visas and why they cannot return to their country to apply for the GC. However, I have not yet heard anyone denied because of that. Also, more recently, we have not been hearing about these questions from USCIS, so it is unclear if they are even trying to apply this rule. Nevertheless, it is a good idea to be prepared for these questions and have some evidence to support your explanation (for example, if you have a fear of returning to your country, have some evidence about that). I have not heard about lawsuits on this point, but I would not be surprised if there were such cases. They may be unnecessary if USCIS really is not enforcing the new requirement, but I guess we will see how things develop over time. Take care, Jason
Not a question, just something that I would like to share with you because those are the things we should all be aware of.
I am a woman. I was arrested by ICE in Oklahoma. I am not sure why, but I was transported to Texas a few days later. The transportation took a long time and was exhausted, both, physically and mentally. Mentally, because I was the only woman in that transportation vehicle. It was me and ten men. A male officer, a male driver, and eight male detainees. They placed me at the front part of the vehicle. The eight men were sitting behind me, with no barrier between us. Just handcuffed. They were saying various inappropriate things to me, laughing, provoking, and the officers either did not hear, or pretended not to hear that. I have never felt so uncomfortable and frightened in my life. I tried to get attention from the officers by knocking on the glass that was between us, but they paid no attention to it. In the end, I gave up and hoped that if I ignore them, they would just stop. Eventually, they did.
Despite everything we go through, at least we shouldn’t feel unsafe. And that’s exactly how I felt in a vehicle with those who are supposed to “PROTECT and serve”.
It’s difficult not to have a very low opinion of ICE officers. The criteria to join is minimal and the type of people they encourage to join seem to me to be very low caliber. I am sorry that you experienced this. However, it does not surprise me at all. The government is encouraging immoral behavior and that is exactly what we are seeing. It is frightening and horrifying, and in the end, it will not only be immigrants who suffer. Take care, Jason
Thank you for the information.
Jason,
My wife and I are asylees with green card of 5+ years, planning to apply for citizenship.
Our kids who are US born and have medicaid. The state sent us SNAP card for groceries which we did not request (we specifically said NO to SNAP while applying for Medicaid). Will using SNAP can complicate our citizenship application in any way?
Thanks as always.
It should not. The public charge rule has no effect on Naturalization case or on people who have asylum, and so there should be no effect on your citizenship cases. Take care, Jason
Hi Jason thanks for all you do. I have 2 questions:
-My asylum was approved in December 2024 and I applied for my green card which is still pending in June 2025. Now my job situation has changed and I lost insurance coverage. I want to apply for Medicaid, but I’m afraid this may impact my GC application or citizenship as Trump’s administration has included this as public charge. What will you recommend?
– So due to my financial situation and my program, I had applied for expedite request on my green card through my senator on 5-18-2026. My request was approved on 6/2/2026 and my file was transferred to my FO. On 6/8/2026, my case status changed to it is ready to be scheduled for an interview. It’s been 2 weeks and I haven’t had any update. The whole point of the expedite request is because I had a hard deadline for my program of 8/4/2026 and was going to loose a lot of money if I don’t get an approval or GC by then. Should I follow up with my senator on the request or wait? I’m worried my case is just sitting down now at the FO and they don’t understand its urgency.
Thanks
1 – The public charge rule does not apply to people with asylum, and so if you are applying for the GC based on your asylum status, there would be no effect (I also think that Medicaid is not considered a public charge issue, but I am not sure about that). 2 -I would follow up. I know it is normal to not want to bother them, but you don’t have a lot of time, and they still need to schedule the interview and make a decision, which could already take too much time. Take care, Jason
Hi Jason,
My asylum application was initially filed on November 13, 2015, and my case was referred to Immigration Court on May 29, 2025. I voluntarily paid the Annual Asylum Fee in April 2026 before receiving any instructions from the court.
Could you please clarify when my next AAF payment is due? Since the guidance states that the fee is due on the anniversary of the initial filing date, I am unsure whether my next payment should be made on November 13, 2026, or one year after my April 2026 payment.
Thank you for your guidance.
It’s a good question. For some affirmative cases, we are seeing people who paid the fee 6 months ago receiving another notice to pay. It is very disorganized. In Immigration Court, the court should notify you about the next payment, but they seem to have little idea as well. Maybe you can try reaching out to the court clerk to ask. Some of them are very good, and some are not. You can find contact info if you follow the link under Resources called Immigration Court. I am not sure, but I think that they will not be dismissing cases outright and will at least give people a warning about payment, but even that is not 100% sure, and so it may be worth calling the judge’s clerk to see if they can offer any guidance. Take care, Jason