I had a case last week where the Eritrean government arrested and beat my client because they believed she helped her brother escape from the national military service. We tried to frame the case in terms of imputed political opinion (our claim was that the authorities thought my client was “anti-government” because she helped her brother escape), but it was a bit of a tough sell. We came up with a strategy that may have saved the day (she received asylum), so I thought I would share, as this strategy could be employed by many women who face persecution that is not based on a protected ground.
The key to our strategy was that my client had been a victim of female genital mutilation (“FGM”) early in her life. In a well known decision, the Board of Immigration Appeals held that FGM could form the basis for an asylum claim. Thus, FGM may be considered past persecution based on a protected ground.
Where a person has been subject to past persecution based on a protected ground, she is eligible for asylum if there is a “reasonable possibility” that she will face “other serious harm” in her country, regardless of whether that harm is based on a protected ground and regardless of whether that harm is related to the original persecution. See 8 C.F.R. § 208.13(b)(1)(iii)(B). While I had written previously about “other serious harm,” it had not occurred to me how useful this provision could be for many female asylum seekers.
FGM is prevalent in a number of African countries and elsewhere. A woman who has been subjected to FGM has likely satisfied the first prong of the requirement for “other serious harm” asylum. To satisfy the other requirement, the asylum seeker must demonstrate that she faces a reasonable possibility of other serious harm in her country. This could be any type of harm and does not have to be based on a protected ground or related to the original persecution.
Until recently, there has been little guidance about what constitutes “other serious harm,” but last month, the BIA published a decision examining this basis for asylum. See Matter of L-S-, 25 I&N Dec. 705 (BIA 2012). In that case, the Board held that to qualify as “other serious harm,” the harm must be as severe as persecution, and the Board has given some examples:
Such conditions may include, but are not limited to, those involving civil strife, extreme economic deprivation beyond economic disadvantage, or situations where the claimant could experience severe mental or emotional harm or physical injury.
A number of federal circuit courts (all listed in Matter of L-S-) have given examples of what might constitute other serious harm. The list is quite diverse: (1) harm resulting from the unavailability of necessary medical care; (2) the mental anguish of a mother who was herself a victim of FGM whose daughter faces the same fate; (3) the unavailability of needed psychiatric medications; (4) victimization by criminals or militias; (5) unavailability of necessary AIDS medications coupled with social stigma. While diverse, this list is obviously not exhaustive, and it seems to me there is a lot of room for creative lawyering (for example, might criminal prosecution qualify if the punishment is severe enough?).
Thus, for victims of FGM, the “other serious harm” category of asylum could be a useful tool to obtain asylum, even if the harm they face is not based on a protected ground.
Hi Jason.
for someone who has their i-485 application with USCIS. he can ask USCIS to expedite his case because he has cancer and wants to go for treatment in his country. the person has documents from his doctor here which proves that he is sick.
Yes – that is a basis to expedite. Whether it would work, I do not know, since USICS is a mess, you he can try. I wrote more about expediting on January 29, 2020. Also, the person could travel with a Refugee Travel Document (if they were an asylee or refugee) or maybe Advance Parole if they are seeking a GC on some other basis. He could also try to expedite these applications. Take care, Jason
Hi Jason.
I have my aos case (family base) with uscis and nothing has been approved yet. Unfortunately for me, my store was totally burned on 06/05/2023 night by a power fire and the building is completely closed by the authorities for investigation procedures. I have the NYFD fire report documents. I would like to know if I can use this report to expedited my ead application, because now I need my ead to find me another job.
Thank you for your reply
Maybe – financial loss can be a reason for USCIS to expedite. I wrote about this on January 29, 2020. Take care, Jason
hello jason.
I have my aos case with uscis. I made an expedited request for i-131 so that I could go to see my 88-year-old father who has a serious health problem (prostate cancer ) and we haven’t seen him for 26 years. his doctor says that he could not survive in 8 months because of the devastating disease of very advanced prostate cancer which will not give him a chance to last for long and his age also which is very advanced. I would like to know the documents that I can send to uscis so that they can accept my request to be expedied. thank you
I wrote about expediting in general on January 29, 2020, but aside from the application itself, get proof of his health condition and how serious it is. You will probably need to call USCIS (800-375-5283) repeatedly and try to get them to expedite. Also, if you are traveling to the home country after you received asylum, you need to be careful – I wrote about that on January 6, 2016. Take care, Jason
hello jason.
my 21 year old usc daughter wants me sponsored (i-130) . I am not married to his mother. I would like to know if I can add his medical record and school record where I have my name on these documents as his father. I already have his birth certificate where my name is listed under. I wanted to send these documents with the application of i-130 to uscis. for me it is to prove that I am very close to my daughter. What other documents can I send with the i-130 to prove that I was taking care of my daughter?
I am not sure I understand your question. If you have a 21+ year old US citizen child, she can sponsor you for a green card using form I-130, assuming you are eligible. Depending on the case, you might also be able to file the other forms at the same time, to start the green card process (I-485, etc). If she is your child and your name is on the birth certificate, you are probably fine, though there may be other requirements – you can check the I-130 instructions at http://www.uscis.gov. You might also talk to a lawyer to make sure you are eligible, and whether you can get your GC in the US or whether you have to go overseas to do that. Take care, Jason
hi Jason
me and my daughter were before the judge at immigration court. my case was dismissed and my daughter’s case was accepted by the judge. in the application of my daughter,s asylum it is simply written that I am her father. Can I get the green card from my daughter? thank you
Only a US citizen who is 21+ years old can sponsor a parent. Maybe you can re-apply for asylum based on fear of harm because you refused to circumcise your daughter – these cases are often difficult to win, but the case might take a very long time, and eventually, she will become a citizen and (if she is 21 or older) be able to sponsor you. It would also get you a work permit while you wait. Take care, Jason
good evening jason
the judge has accepted the termination of my case eoir-42 today.My daughter will be 21 in March 2023. she’s going to sponsor me for the i-130. I came to the USA with the b2 visa and I have never committed a crime. I want to know if I can apply the i-130, i-131, i-485, i-765 together?
Thank you for your answer.
If the case is dismissed, you can do that (you also need an I-864 for your daughter). Normally, if the case is still in court, it is best to file the I-130 first and wait for that decision before filing the other forms, but in your case, if the judge dismisses and you are eligible, you can file all the forms at the same time. Take care, Jason
HI JASON .
my usc daughter who is 21 wants to sponsor me to get the green card. I came to the USA with b1/b2 visas and my background is clean. she has her birth certificate. I want to know the documents we must meet to make the process AND ALL documents which give the advantage and make my case very VERY good.
thank you for your answer
Generally, proof of your relationship (birth certificate) and lawful entry (passport and I-94) is enough. There are also other documents needed to adjust status – you would need forms I-130, I-485, I-864, and probably you would also want the I-765 and I-131, and so you would need to fill those and check the instructions for what documents are needed, Also, if you ever had any criminal issues or prior immigration court cases, you would need documents about that. Such cases are usually pretty straight forward, but you might want to talk to a lawyer to go over the specifics and make sure you have what you need. Take care, Jason
Hi jason
my daughter goes to school, she works less because of these studies. so she has less income. I have my nephew who works and has a good income. if my daughter sponsors me for the green card, can my nephew fill out the i-864 with my daughter for my case?
Thank you
The petitioner (the person who files the I-130) must complete the I-864. If that person does not earn enough income, then you can also get a joint sponsor, such as your nephew, as long as he has a GC or is a US citizen. Take care, Jason
hello jason
during my individual interview, I can myself ask the judges to terminate my case, because my daughter will be 21 years in 2 months and she could sponsor me. I ask my lawyer to ask the judge to terminate my case, it seems that, this idea does not interest him. He wants us to continue with the COR. so i want to know if i can ask myself. thank you for your answer.
I would have the lawyer explain why he does not want to do that, as there could be many reasons – you may not be eligible to get status this way, for example, if you entered the country without a visa. Also, once your daughter is 21, she has to file an I-130 for you, and that takes 6 months or a year, and only then – once it is approved – are you eligible to get a GC. That said, if you are eligible, this is most likely a much better and faster way to get a GC (since there is a waiting period even if you win COR). Take care, Jason
HI JASON .
I HOPE YOU ARE WELL. IT’S BEEN 3 TIMES THAT I RENEWED MY I-765. WHY AT EACH RENEWAL USCIS ASK TO DO BIOMETRIC BEFORE GRANTING THE I-765?. I WOULD LIKE TO KNOW IF THIS IS BACKGROUND CHEICKS THEY MAKE BEFORE GRANTING THE RENEWAL OF THE WORKING PERMIT. THANK YOU FOR YOUR RESPONSE.
In most cases, they are re-using the biometrics and so I do not know why they would keep asking you to do them again. However, if they ask, I think it is best to just comply, since failure to comply could cause them to deny the EAD application. Take care, Jason
THANK YOU FOR YOUR RESPONSE.
I ALWAYS RESPECT THE APPOINTMENTS OF MY BIOMETRICS. SO BIOMETRIC IS FOR THE BACKGROUND CHECK?
Most people who previously had a biometric appointment will not need to do that again (USCIS will send a letter informing you that they are re-using your biometrics), but if you are asked to attend an appointment, you should attend. Take care, Jason
THANK YOU FOR YOUR RESPONSE.
I ALWAYS RESPECT THE APPOINTMENTS OF MY BIOMETRICS. SO BIOMETRIC IS FOR THE BACKGROUND CHECK?
hi jason
i have my individual interview for COR(EOIR:42B) in immigration court in december . my daughter will be 21 in February 2023 too. which case is good for me and quick to get the green card.
concerning COR (EOIR:42B), my son has autism symptoms, blood disease (alpha thalassemia) and does therapy in a physiast center every week. he is in an IEP program at his school. I have the documents: from the doctor, from the pysiastrist, from EIP service. so wanted to know among the EOIR-42B and the I-130, which is advantageous to obtain the green card a little quickly. I am very aware that the procedure is not easy in front of me. I already have a lawyer here in New York, but your advice has always sent me on the right path since 2016.
Thank you very much Jason for all you do for us.
If your daughter is a US citizen and you are eligible to get your GC based on her, that is probably the better path. It is not easy to win COR and even if you win, there is a waiting period to get the GC (maybe 2 years). On the other hand, if you win COR, you can have your daughter file for you while you are waiting for the GC, so that may also be an option. The main issue is eligibility – whether you can get the GC based on your daughter. Hopefully, the lawyer will go over this with you, since your case is coming up very soon. Take care, Jason
hi Jason
I sent the application to renew my i-765 working permit since September 08, 2021 and I received the receipt acceptance notice on September 16, 2021. now it’s been 438 days I haven’t received my working permit. thanks
Sadly, that is not uncommon. If you filed before your old EAD expired, you received a 540-day extension to the old card, and hopefully you will have your new card before that expires. I wrote about this (with links to the USCIS website) on May 11, 2022. Take care, Jason
hi Jason.
thank you for everything you do for us.
I have my individual(eoir-42b) interview in January 2022. I have my son who has autism. his doctor gave me a letter explaining my son’s disease (autism) and his medical record.
I wanted to know if I can only send the letter alone. because the medical record is composed of more than 200 sheets. or else I have to send both (letter + medical record).
thank you for your answer.
Hopefully, you have a lawyer to assist with the case and the lawyer can advise you. These cases are not easy to win, and whether the letter alone is enough, I do not know – I guess it depends on the letter, but I would be inclined to include more (depending on what you have). You also might want to show that if you leave and the child goes with you, the home country cannot provide the support he needs. There are many other aspects to a Cancellation case, and so there is other evidence that is needed and you really should talk to a lawyer to make sure you have everything you need. Take care, Jason
good evening jason
I hope you are well . my usc daughter is a student. she does not have enough income. I would like to know, as a student, she can sponsor 2 people (me and her mother).
thank you for your answer
If she files the I-130, she is required to be a financial sponsor. If she does not have enough income, you will need to find one or more joint sponsors. The form I-864 instructions discuss this (available at http://www.uscis.gov), but it is pretty common to have joint sponsors and lack of financial means has no effect on whether your daughter can successfully file the I-130. Take care, Jason
hello jason.
thank you very much for your efforts to help us.
I will have my individual eoir-42b court interview on January 15, 2023 and my daughter will be 21 in April 2023. I had to discuss yesterday with my lawyer concerning the sponsor (i-130) of my daughter to me. he says that on the day of my judgment 01/15/2023, he will ask the judge to
close administrative my case. I would like to know if this is possible, because my judgment (January 15, 2023) is before the 21 years (April 12, 2023) of my daughter. there will be 3 months of interval between the two dates. Can the judge give us this chance so that I can expect my daughter to turn 21 and introduce the i-130. thank you very much for
You can inform the court in the future or now about your daughter – maybe they would be willing to terminate the case or delay the hearing so she has time to turn 21 and file for you. Even if you did the hearing and lost, you can appeal and your daughter would turn 21 and could sponsor you. So there is really no sense in holding the hearing. For this reason, the judge may be willing to delay the case. Also, I did a blog post on August 6, 2018 about this issue and maybe that is of interest. Take care, Jason
I have applied EOIR-42B and my individual interview is in January 2022. I have my 4 children in my application. 3 were born here in the usa. and the big one was born in my country and she was a victim of fgm. Among my children 2 are 12 and 14 years old. one is 20 years old and is usc . I would like to know if I can apply the i-30 when she turns 21, despite I am waiting for my individual eoir-42b interview. thank you for your answer.
If your daughter is a US citizen and turns 21, she can file an I-130 for you, even if you are in court (I wrote about this on August 6, 2018). One issue – if you gave permission for her to be circumcised, it could block you from obtaining status here. Since FGM is considered persecution, anyone who helps get that done is a persecutor and such people are usually barred from relief in the US. If you opposed the FGM, but it was beyond your control, it should have no effect on your own case. Take care, Jason
Hi Jason,
if my eoir-42b case is approved by the judge. can my 21 year old usc daughter still sponsor me for i-130 ?
Yes, assuming you are eligible (check with a lawyer about that, as there are many factors; I did a post that might help with this on August 28, 2018). Sponsorship by the daughter is better if you have the option, as it is more certain and faster (there is a wait list for a GC based on Cancellation of Removal). Take care, Jason
good evening jason,
I wish you well and also to your family.
I have my asylum asylum case in immigration court. the judge gave me an appointment for my induvidual hearing in 2023. i’ve been in the usa for 24 years and i haven’t seen my parents (father and mother) in my country. the week pass, my father died at the age of 103 years. my mother is 80 years old and i wanted to see her. I would like to know if I can invite him to come and see me here in the USA. because I cannot leave before my case is finalized. jason, please, i would like to have your point of view, so that i can one day meet my mother.
Thanks you all time
thank you very much jason, may the good god bless you and your family. how many letters i have to make. my wife can also write a letter of good moral character which concerns me. jason how many years can it take the case of non-lrp cancellation remove during in immigration court. Thanks i
The time is not predictable, as it depends on the judge, but there are often delays once a Non-LPR Cancellation is approved, since there are limited numbers of green cards and you have to wait for one. The last time we did that, it took about a year after the judge approved the case. As for the letters, there is no set number. I would at least get 3 or 4, but it certainly does not hurt to have more. Take care, Jason
thanks Jason
the letter must be notarizer?
I have to add the copy of id of those who will write? the mother of my children can also write a letter of good character towards me ?
Mercie beaucoup
Anyone can write a letter. We normally do not get our letters notarized, but certainly you can do that. We do include a copy of the person’s photo ID. I did a post on August 16, 2012 about how to write a good letter – maybe that would help. Take care, Jason
good evening jason,
I wish you well and also to your family.
I have my asylum asylum case in immigration court. the judge gave me an appointment for my induvidual hearing in 2023. i’ve been in the usa for 24 years and i haven’t seen my parents (father and mother) in my country. the week pass, my father died at the age of 103 years. my mother is 80 years old and i wanted to see her. I would like to know if I can invite him to come and see me here in the USA. because I cannot leave before my case is finalized. jason, please, i would like to have your point of view, so that i can one day meet my mother.
Thanks you all time
Your mother can apply for a visa. Whether she can get one or not, I do not know, as it can be difficult and depends on the case. Maybe talk to a lawyer who assists with non-immigrant visas. Also, you could try to expedite your court case – I wrote about that on April 20, 2018. Take care, Jason
hello jason
i would like to know if the letter of good moral character can be written by a person who has the green card or necessarily by a person who is an american citizen? Thank you very much for your response.
Anyone who knows you can write a letter for your case – it does not matter if they have a green card, citizenship or if they have never even been to the US. Take care, Jason
hello jason
in my non-lrp cancellation remove application, i answered yes to the question that asked if my 3 kids who were born here, had food stamp and medicare. you think the answer yes may be negative for my case. Many thanks for your help.
I do not think so – The public charge requirements are on hold (thanks to a court decision), at least for now, and even if they are implemented, I do not know how they will impact Cancellation cases. Certainly this is an issue you want to discuss with a lawyer to make sure it does not have a negative effect, and in general, for a Cancellation case, you should try to get a lawyer, as such cases are difficult to win and a lawyer can help. Take care, Jason
hello jason
how are you. my asylum case has been referred to the immigration court for next month (february 2020). when I call this number (1 800 898 7180) to find out the name of the judge who has to deal with my case. the answering machine tells me , my alien number is not valid. what should i do? I also wanted to apply For the non-lpr, because it’s been 20 years I live in USA and I have never left USA during these 20 years. i never been troubled with the law in us . I have 3 children (1 boy and 2 girl) who were born here in the USA. my asylum case is about the fgm to protect my 2 daughters who were born here. my son has a mental problem .and i also have another daughter who was born in my country and was excised in my country. but she lives with me here. she is dependent in my asylum case. she has a medical certificate from a doctor from here (usa), to prove that she was circumcised. now to prove my ten years of living here in the usa, i already had my social security record. from the year 2002 to the year 2018. but in the record, the year 2010 and 2015 is missing from the list. but I was then able to obtain a transcript of the tax for the year 2015 with IRS. now it is the proof of the year 2010 which is missing. but, I have my 12 month bank statement of 2010, I have record of the western union receipts of the year 2010, I have a receipt from apple store 2010, I have the certificate of attestation of exemption insurance from my store of the year 2010. I also have the police report 2010 (my store was robbed by thieves in 2010), I have the record for my medicaid in 2010. With what I have been quoted to you, you think that this can be proof of my presence at usa for the year 2010? I apologize for being very far in my request and information. thank you very much.
Probably the phone system says that your A number was not found in the system. This means that the case is not yet with the court, and so you probably will get a new court date (if you do not, you must show up to court on the day indicated on your documents; otherwise, you might be deported). It sounds to me like you have a good case for Cancellation of Removal (and for asylum too, assuming you filed on time). Such cases can be tricky, though, and it would be a very good idea to have a lawyer help you. One point, which you probably know, you have to prove that your relatives will suffer extreme hardship if you are deported. In your case, if your daughters went with you, they might face FGM, which I think would qualify as an extreme hardship. Anyway, you should talk to a lawyer to get help with this case, as you do not want to lose the opportunity to win because the case is not properly prepared. Take care, Jason
Hi jason,
you forgot to answer my last question. with the documents that i have cited, this is enough to prove my present in 2010 in the usa?. you can re-read to see. Many thanks for your help.
Probably, but there is no way for me to know that without actually looking at the documents. You can also get letters from witnesses who know that you were here the whole time. Take care, Jason
dear Jason
HAPPY NEW YEAR TO YOU AND YOUR BEAUTEFUL FAMILY
my asylum case is at the level of the immigration court now. my first meeting with the judge is in february 2020.
my daughter has been registered in my asylum application since 2016.
in 2016 when i applied for asylum, my daughter was 19 years old. now in 2019 she is 22 years old and we have come together for our first meeting at the immigration court. my lawyer says that my daughter needs to make another asylum application for her alone, because of her current age (22). I would like to reassure myself if this is normal in fact.
and also for my application of NON-LPR CANCELLATION OF REMOVAl, he said to pay $ 185 money order for the costs of the green card application so I didn’t quite understand. because I have not yet started or finished my interviews with the immigration court. jason with the explanation are very well understood and clear as water. I would like your understanding on this subject. Thanks again and happy New Years Eve.
I do not know your case, so I cannot speak to that. However, in general, when a person files for asylum and their child is under 21, the child remains part of the case even if she becomes 21 or more. This is pretty basic, and unless there is something strange going on with your case, I do not know why your daughter would need to file her own case, but again, I do not know your case. You should ask the lawyer for an explanation. If the lawyer will not or cannot explain, you should find a new lawyer. As for Cancellation, there is a fee of $185, and if you want to apply for that, you need to do it at the same time as the asylum case. There are several requirements for Cancellation – two are that you must have been in the US for at least 10 years, and also, you need a US citizen or green card child, spouse or parent who will suffer extreme and unusual hardship if you are deported. If you do not have those two things (and meet the other requirements), you are not eligible for that and should not apply. Take care, Jason
my lawyer must apply the non – lpr cancellation of remove for me, i have 22 years resident in usa .but my daughter has not yet made 10 years of resident here in the usa, she is here, it has been 5 years now. she is dependent in my case. and we should have our master hearing in February 2020. my lawyer says he has to apply asylum for my daughter. I would like to know that if this is normal. she is 23 years old now.
If she has not been here for 10 years, she cannot apply for Cancellation for non-permanent residents (which is what I think you are applying for). She can still apply for asylum, and you can apply for Cancellation and for asylum. Depending on the case, you might be better off with asylum, since your daughter can benefit from that too. Take care, Jason
hello jason
how are you .
I always want to say thank you for all that you do for us.
jason, i received a notice of evidence of untimely filing and optional waiver of asylum interview. I have this notice because, I staying in the USA for 20 years before i applying my asylum . I was not able to do during my first year of my arrival. My asylum case is about the fgm of my 2 daughters who were born here in the usa. I made my application with the help of an immigration lawyer. i would like to ask you for your point of view? it is better for me to sign the notice to go directly to see the immigration judge or not to sign, and stay always waiting for my appointment to see the officer of asylum. that make me already 3 years that I wait to have an appointment interview with the asylum office. but I never got an appointment for my asylum interview. I even tried 2 times for expedie, but they denied my request.
What can you advise me , to choice now ?
I cannot say for sure, but my guess is that if you refuse to sign, you may get an interview soon. I do not know your case, and so it is difficult to advise you, but generally speaking, if you have a decent asylum case, and you want to argue that you meet an exception to the one-year asylum bar, you should not waive the interview. It is better to present your argument to the asylum office and try to win at that level. But I do not know whether your interview would be soon or not – maybe your lawyer could communicate with the asylum office to ask this question. Then you could better decide which is the correct choice for you. Take care, Jason
Good evening Jason.
thank you for all your help you bring to us.
jason, i applied my asylum case after 20 years of residence in usa. I applied with the help of an immigration lawyer. This is about fgm of my two daughters who are born here in the usa. I still not have done my enterview since 3 years. I would like to know for a person who is staying in the USA for 20 years before applying his asylum, can win his case at his first enterview at the asylum office ? . Or he would be obliged to go see the juge in the immigration court.
my last question :
This is the right time to apply for expedited the enterview at Newark asylum office?
Thank you very much for your help .
It is possible to win such a case, but it can be difficult – the most obvious issue is how to overcome the one year bar. I wrote about that on January 18, 2018. Another issue is whether anyone will still want to harm you after so long away, but in your case, if people want to circumcise your children, that seems like an issue you could prove. Also, case law varies for people who seek asylum based on fear of FGM for their children. Such cases are generally hard to win, if the only fear is harm to the child. We usually present such cases as showing that the parent will try to protect the child and will be harmed for that reason – so in other words, we try to show a direct threat to the parent. If the case is referred to court, you could continue to seek asylum, and you might also be eligible for Cancellation of Removal – the danger to your children would also help you win such a case. As for expediting, we are getting a lot of interviews in NJ these days, and so maybe now is a good time to expedite since cases are moving (and this despite a recent announcement from NJ that they would be interviewing fewer cases). Take care, Jason
good afternoons Jason
my case is concerning the fgm of my child who was born here. I wanted to add the medical certificate of their mother on my file as a testimony. because she too was circumcised from her childhood in our country. the problem of the mother of my children, she have deportation holding . you think that if I add his medical certificate on my file to prove that the mother of my children is also circumcised in my country, to show the danger that awaits my children in my country. can be a problem for me? she is not associated in my case. only I want to prove by his medical certificate that the fgm is always done at home.
I do not see that it would cause trouble for the case, but if you are claiming asylum based on fear of FGM for your child, you should talk to a lawyer. Fear of harm to a child can be a basis for asylum, but the law is different in different parts of the US (it depends on the federal appeals court with jurisdiction over that section of the country) and you need someone to look at the law where you are, and present the case. In terms of an FGM case, a report from the mother (and maybe other female relatives) would be important, but talk to a lawyer about the case, as you want to present the strongest case you can. Take care, Jason
Good evening. jason
Thanks a lot for your time that you offer to helping us.
I sent the application to renew my working permit.
I did not get a letter to go do my fingerprints. But when I check my case in uscis page , I see this note :
As of August 13, 2019, we completed our review of your fingerprints and are working on your Form I-765, Application for Employment Authorization, Receipt Number LIN00000000, at our Nebraska Service Center location.
We will let you know if we make a decision or need anything from you.
If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
S
I would like to know if I need to go do the fingerprint in uscis center or I would not need to do it. Thanks you
I think this is fine – they are probably using your fingerprints from a previous application, and so you do not need to go. If you are worried about it, you can call USCIS and inquire (800-375-5283), but I think you are fine. Take care, Jason
Good evening Jason.
I hope you and your family are doing well. my application for expedited my enterview was rejected on 3 April 2019 by newark assylum office. I would like to know if I can apply for a second time now or I have to wait a little longer before asking again. it has been 4 months since my request was rejected. thank you for your answer. May God bless you and your family.
You can try again. It is helpful if you have a new reason or new evidence, but we have tried second (or third) expedite attempts and sometimes they work. There is no magic waiting period, but 4 months is probably enough. Take care, Jason
Good evening Jason,
I thank you for everything you do for us. May God bless you and your lovely family.
i have applied my assylum (fgm) since 2016 and i have not yet done my interview. i have documents like temoignase letter and medical certificate that were done in 2016 in my home country and medical certificate of my daughters who are born here (usa) also done in 2016 by their doctor. I would like to know if these documents are still valid for my future interview, because all these documents are 3 years old now. or I have to do some recent documents.
thank you very much, your answer would be much appreciated
You should have a medical certificate/letter from a US doctor about the FGM, but otherwise, that evidence should all be fine. You would want to update the evidence before the interview – including any evidence related to events that happened since you filed for asylum, country condition evidence, and anything else that is relevant (new passport, school or work records, birth certificates of new children, etc). Different offices have rules about when they will accept documents – in my local office (Virginia), documents must be submitted at least one week before the interview. Take care, Jason
jason, I forgot to ask you my last question
for the letters of witness in a case of asylum, how many people can write a letter to testify? from 1 to 5 people?
thank you for your service
hello Jason
Thank you for everything you have been doing to asylum community on this thread.
my request for expedite my asylum interview was denied and I received this letter about short-notice-list.
Short-Notice Interview Policy
From time-to-time, interview appointments become available after the normal notice period has el
apsed. In order to fill these interview slots, applicants may request to be contacted for an interview on short notice. If you would like to be placed on the Newark Asylum Office’ s “short-notice list” please contact us in writing and provide a current phone number. By being placed on the “ short-notice list” , you agree to be contacted via phone to offer you an interview appointment on short-notice. Please not that if you choose to be added to this list and subsequently agree to appear for an interview when contacted and waive the 21 day notification requirement. You also agree to notify your attorney that you have been added to this list. Finally, you agree to appear for an interview when contacted, and understand that if you are unavailable at that time, you will be removed from the “short-notice list” and your case will be scheduled following our regular scheduling priorities.
i have questions for you and find out better.
1- denied my request to expedite my interview, can make my asylum case difficult?
2 – to be placed in short list, is a good thing?
3 – the request must be made by a lawyer or I can do it myself
4 – If I write to be placed in the short list, I must attach a copy of the letter of the denial expedite interview .
thank you Jason
1 – Usually, that would have no effect on your asylum case. 2 – As long as the case is done and ready, it is fine. They will contact you a few days (or even one day) before the interview, and if you are able to get to their office, you can do the interview. It does not necessarily make your case faster, but it might. And, as long as you don’t mind receiving the interview with little advance warning, there is really no downside. 3 – You can do it yourself, but if you have a lawyer, it is best that the lawyer knows what you have done. The lawyer can also do it. 4 – I don’t think so; we have not done that in Newark. Take care, Jason
Good evening and happy new year 2019 to you Jason and your family.
Since December 2016, I have applied for my asylum, and I am still waiting for my enterview.
currently, i have too much problem, so i follow the treatment and teraphy in a mental health center.
1 – I have my big brother who was murdered in his workplace (federal building ) by a madman and since then I can not forget this bad memory. I have his death certificate.
2- I was attacked in my store by thieves arming 3 weeks past and now i all way scare. I have the report of the police.
3 – My son has a mental problem since is birth. and It is treated by a doctor.
4 – I am also diabetic,
5 – now, I have a memory problem, I forget quickly.
jason, so with all this problem that is very hard for me, I follow a treatment and therapy in a mental hospital.
I would like to know if with documents for all that I have just quoted, I can ask USCIS to expedite my interview.
thank you very much for repone
These can all be reasons to expedite. I wrote about expediting on March 30, 2017. Also, if these issues occurred in the US, you might have other relief available to you (perhaps a U visa, for example). Talk to a lawyer about that. As for witness letters, you can submit as many as you want. There is no specific number, but if you have people who know about specific issues in your case, it is helpful for them to write letters. I wrote about that on August 16, 2012. Take care, Jason
Happy new year 2019 jason, may this new year be better than the last, send us all Happiness, health, forgiveness and peace of heart that we have not had in 2018 .
Every year we make wishes to our loved ones but only God knows our needs. I will simply say that it gives what you need for your fulfillment in 2019.
Happy 2019, Jason
good evening jason
First of all, thank you for the good service you give us. may the good god pay you for your sacrifice. I have applied asylum for my two daughters who are American citizens, for fear of circumcising them in my country, and I am an activist of a group that fights against violence and the fgm against women in my country. I help this group financially. I send the money to this group, which he uses for campaigning against the fgm and often uses the money to help women who are already victims of the fgm. especially for their medical care. my question is: if i can show the receipt of money (western union and money-gram) as proof of my overport to the group?
I thank you very much Jason. I wish to have an answer from you.
Receipts of the money is evidence that you sent money to the group, and I think this is helpful. It would also help to have a letter from the group stating that you are a member or contributor. Take care, Jason
HI Jason,
Can you please elaborate how a case can be put together to support someone with a fear of social stigma and persecution (emotional, economic, and lesser extent physical) based HIV status in an African country? Especially so a woman?
It would depend on the case. Normally, the feared “persecution” would be physical, but it could be something else: Economic, social ostracism, refusal of medical treatment, etc. This would be harder to win, as you would have to show the severity of the problem. We successfully made such an argument for a person from Mexico with HIV, so it may be possible. But for a case like this, I recommend you have a lawyer to help you with the specifics. Take care, Jason
Hello Jason
I thank you for the service you render to us immigrants and your availability.
my question is this: i would like my mother to establish and send me a testimonial letter for my asylum case from my country. but now she is not in my country, she is going to seek treatment in another country. it is possible to establish a letter of testimony in another country which is not my country of origin. this letter can be accepted by uscis?
my second question: if a testimonial letter from my relatives from another country is not notarized, can it be added to my asylum document?
example: a letter written and signed by my brother, but not notariser.
I will be very happy to have your point of view
thank you very much sir
If you have a witness in your case, she can write a letter. It does not matter where she is; it is only important what she knows and what she puts in the letter (by the way, I wrote about witness letters on August 16, 2012). A letter does not need to be notarized. We normally just include the person’s photo ID. Take care, Jason
hi am concerned I am currently in the USA .having undergone fgm I have been traumatically affected. can I get asylum on basis of fgm n worry that my two girls can be forced by community to undergo fgm and domestic violence on basis of rejecting fgm to be done on my girls. I have received warning from village elders for rescuing girls. am worried for my life and my kids
This sounds like a good basis for asylum. For a person with FGM, she can usually win asylum. However, if you did no have FGM, and your only claim was that your children faced FGM, that is a more difficult asylum case. But for you, since you have been a victim of FGM and you fear harm for your children, you should have a good case for asylum. Take care, Jason
hi jason
Thanks for any help you give us. this will be done twice that I ask you your point of view. I have to apply the asylum concerning my 2 girl children who are American citizens, for fear of circumcising them and I am an activist against fgm. my sister in my country are all circumcised and I have the doctor’s certificate from my country showing that my sister is actually circumcising. my question is, can I add these certificates in my box to prove the exitence of circumcision in my family.
You can add that information to your – I think it is helpful to the case and necessary to provide such evidence. You have to submit the evidence in accordance with the rules of your local asylum office. For example, my local office in Virginia requires all evidence to be submitted one week in advance. Different offices have different rules. Take care, Jason
salut jason
mercie pour tout aide que tu nous apport. cela vas faire 2 fois que je te demande ton point de vue. j,ai appliquer l asylum concernant mes 2 enfants filles qui sont des citoyennes americaine,par crainde de leur faire circoncier et je suis un militant contre fgm. mes soeur dans mon pays sont tous circoncier et j ai les certificat du docteur de mon pays qui montre que mes soeur sont effectivement circoncier. ma question est, es ce que je peux aditionner ces certificat dans mon case pour prouver l exitence du circoncicion dans ma famille.
My daughter was partially circumcised in my absence lucky my husband stop them…but she is 13 this year we got a call from the village that ,my daughter should under go it as a ritual for her …i my self go against it …But am at a fear of doing it again in my absence…kindly advice me on what to do because i have been told that it is must for me to also undergo it as a family ritual.
I can assist here with questions about asylum in the US. How to prevent your child from circumcision, I do not know. You would have to contact an organization that assists with such things. Take care, Jason
I am presently in US with my kids my question is that I can I use as a basis for asylum here in Us
If you fear return to your country based on a protected ground (race, religion, nationality, political opinion, or particular social group), you might qualify for asylum. Take care, Jason
I am a mother of two US born daughters who lives in Western Africa with my spouse and girls. I am married to a man whose family believes in mutilating genitals of females born or married into the family. My late mother-in-law was mutilated as a young lady and died of cervical cancer at age 48 years.
I have been living on the edge for years but my husband have been very protective of me and the girls but of recent, extended family members have become violent in pursuit of performing this barbaric acts on me and my kids. My residence was visited by spouse’s family with some thugs but luckily for me, my neighbors came to the rescue as my husband was not at home.
Please what are the chances of getting asylum relief for my family.
It is possible (but first you have to be in the US). Different courts have reached different conclusions about whether a person can qualify for asylum based on feared FGM for a child. You would need to talk to a lawyer to research the issue for you, as it varies, depending where in the US you are. In your case, you may have your own fear of FGM and your whole family may fear violence because you refuse to circumcise your daughters – these can also be basis for asylum. Take care, Jason
Thank you so much for your response. More like glimpse of hope.
I mailed your legal practice email also and Todd responded to my initial mail with empathy in the same hopeful and comforting manner. I would like to engage you (and Todd) more via that platform as I am interested in patronizing your firm’s legal advice and service.
If you already emailed with Todd, it is probably best to follow up with him. Due to my schedule, I am not able to do phone consults for the bext few weeks. Take care, Jason
Hi Jason, I have 2 beautiful daughters and I personally was that close to undergo FMG when I was 5 until one doctor saved me saying I was too weak to get it and i may never have kids. Now can my huge fear for my daughters be a good base for asylum.
Appreciate ur reply
The law is not consistent across the US about this question (whether a parent can get asylum due to fear of FGM for her daughters). Different federal courts seem to have reached different conclusions about this. You should talk to a lawyer to check the law for where you live. Also, maybe you could apply for asylum based on fear that you would be harmed if you refuse to allow your children to be circumcised. That probably is a basis for asylum. This can be a bit tricky legally, and so I do recommend you talk to a lawyer to help you with the case. Take care, Jason
Nadia
It has been about 15 years since I practiced immigration law, however I did represent several clients who suffered FMG. One was granted asylum solely on the basis of her past persecution ( she suffered infibulation). One who had only a ceremonial “nick” was denied since it was unlikely that she would suffer similar future persecution. Two who had similar ceremonial “nicks” but had daughters were granted asylum ( solely on account of the daughters in that case ) and asylum and withholding ( the former for the client and the latter for her daughters) in another. In both the cases where children were involved the serviced waived appeal.
While I have not practiced this type of law in a while, I imaging that it hasn’t changed so much that a bit depends on the judge you get, a bit on the government attorney opposing ( since many are interested in justice rather than “winning” ) and most importantly your own attorney. While I can not tell from your post if you are represented, if you are going to go forward based on fear for your daughters I urge you in the strongest possible terms to have representation.
i am here with my family ( husband , two daughters ).. i facing a big pressure in my country from my family and my husband family to FGM to my daughters , can i am asking for asylum and it is work or not .. and what i need to confirm that harm to avoid my daughters what happen to me when i was young ?
FGM can be a basis for asylum. If you fear FGM for your daughters, that can also be a basis for their – and your – asylum, but for you to get asylum on that ground along can be tricky, so be sure to mention your own FGM. It is normal to submit a medical report to show that you have FGM – usually from a doctor in the US. Also, evidence that women in your country are subject to the practice. Take care, Jason
I guess FGM plus “other harm” in our case political persecution completes all the requirement.
Actually, either FGM or political persecution can get you asylum. You do not need both. If she had FGM and faced some other harm (a type of harm not protected by asylum, for example, threats from criminals who want to rob her) then she could get asylum as described in this article.
Thank you Jason!
Hi Jason,
I was not aware FGM could be presented for asylum. I was trying to compose and submit my asylum due to political persecution of me and my wife. But now i understand the fact that my wife gone through FGM when she was five and the consequences it has on our sexual life could also help us for asylum
My wife is a Medical doctor and she used to work on female and children health back home which includes FGM. Her experience made her to choose this field of specialty because more that 60% our population of women go through this culture.
Is there any possible way to include this issue into our political persecution asylum case as an additional harm? will it help?
It can help, and it certainly should be included (along with evidence – like a letter from a doctor verifying the FGM). To do this, however, your wife may need to file her own asylum case. Possibly, you can get asylum based on her FGM, particularly if you have a daughter that you fear may become a victim of FGM, but this is less likely to work. Talk to a lawyer to be sure, but I think she should file her own case because of her own persecution. This may mean filing one case for you and one for her – this is not favored, and when I see a situation like this, I try to decide which spouse has the better case, and then file for that spouse with the other spouse as the dependent. Sometimes, though, it is best to file 2 cases, one per person. Take care, Jason
Thank you Jason. Is there a problem if we both file separate case like you have said but include each one of us as a subordinate ? Is there any legal implication on this?
Thank you so much once again for your time and expertise.
You can do it. My impression is that the asylum offices do not like this, as it creates extra work for them. Generally, I recommend against it, but if you each have your own, independent case, it may make sense.
Wow! I realize this was written two years ago, but it is super helpful for a case I have coming up! Have you had other cases like this since you wrote this blog post? Were they decided similarly? I’ve got a case at ZAR where I’m kind of just throwing in the kitchen sink for reasons why she can’t go back. Thanks for your blog posts- I always find them useful for my asylum cases.
There has been a real problem at ZAR (the Arlington, VA asylum office) about denying FGM cases. I had one denied not long ago that was exactly the same as one of the examples listed in Matter of L-S-. There is an on-going dialogue about this issue between ZAR and the AILA liaison, but so far, nothing has been resolved (as far as I know).