Since the vicious attack last week by Muslim extremists in Paris, attention in the U.S. has focused on our country’s refugee policy and President Obama’s decision earlier this year to admit an additional 10,000 Syrian refugees (above the normal refugee ceiling of 70,000). More than half of the nation’s governors have indicated that Syria refugees are unwelcome in their states. Paul Ryan, the new Speaker of the House, is pushing legislation to hinder the admission of Syrian and Iraqi refugees. And most Republican presidential candidates have expressed their opposition to resettling Syrian or Muslim refugees in our country. Senator Ted Cruz has called the plan “absolute lunacy.”
As an immigration attorney who specializes in political asylum, I represent clients whose lives have been profoundly disrupted by war and terrorism, who have been threatened or harmed by extremists, and who have lost loved ones to terrorist attacks. Many of my clients come from Muslim countries, such as Syria, Iraq, Afghanistan, and Egypt. These are people who have devoted their lives–and often risked their lives–to promote democracy, women’s rights, and human rights. Many have served shoulder-to-shoulder with soldiers from the U.S. military in places like Afghanistan and Iraq. Indeed, I suspect that many of my Muslim clients have risked and sacrificed far more in the defense of liberty and in support of U.S. policy than the American commentators who routinely disparage them.
In the face of barbarism from ISIS and other extremists, we as Americans should not abandon our friends or shrink from our humanitarian commitments. As the leader of the Free World, we must lead not only with the sword. We must also lead by demonstrating our values, and by showing the world that we do not abandon those values in difficult times.
During the refugee crisis that followed World War II, the U.S. committed itself to assisting displaced persons. Since then, we’ve absorbed—and been enriched by—tens of thousands of refugees from Western Europe, the Soviet Union, Indochina, Africa, the Middle East, and the Americas. We are, to a great extent, defined by our generosity towards the dispossessed: “Give me your tired, your poor, your huddled masses yearning to breathe free.”
Allowing ourselves to be intimidated into compromising these humanitarian values would be a victory for the terrorists. It would mean that we gave in to our fears. Great nations are not bullied by ignorant thugs. We already have strong safeguards in place to identify potential terrorists and criminals, and prevent them from coming to our country. Indeed, our asylum and refugee programs are probably more secure than any other aspect of our immigration system.
Also, many of the Muslims who have sought sanctuary in the U.S. are people who worked with the United States military or government, or who worked for international NGOs and companies in concert with our efforts (however imperfect) at nation-building. Such people risked their lives and trusted us. To abandon them would send a message that America does not stand by its friends. This is a message that we cannot afford to send. If we are not trustworthy, no one will cooperate with us going forward.
Finally, allowing terrorists to drive a wedge between our country and moderate Muslims would make the world more dangerous. There will be fewer bridges, not more. We need to keep strengthening ties between the West and the Muslim World. The terrorists want to cut those ties; we cannot let them.
In the aftermath of the Paris attack and the claim by ISIS that it will send infiltrators to the West disguised as asylum seekers, the desire to re-examine security procedures is understandable. But as we evaluate our humanitarian policies, we should keep in mind people like my clients and the many Muslims who have demonstrated their fealty to us in our fight against extremism.
We should not allow the evil deeds in France to cause us to retreat from our humanitarian obligations, which would compromise our principles, or to weaken our commitment to our Muslim allies, who are crucial in our battle against Islamic terrorists. Many people in the Muslim World want change. We saw that in the Arab Spring. We need to align ourselves with such people and give them our support. We need to stay engaged with the world and not retreat. When considering Muslim refugees and asylum seekers, we should be guided by our highest ideals, not by the dark vision of our enemies.
Dear Mr. Jason,
I would like to know if possible to apply for asylum at arrival at airport? of course I have US valid tourist visa for me any my family.
I heard that the process will be less than applying at Asylum office inside US.
What is the advantages and disadvantages of seeking asylum at airport, is it available at all US international airports or limited for some airports?
BTW, I’m Syrian nationality and I’m planning to come with my family.
Thank You,
You could apply at the airport, but you could be detained if you apply. Typically, USCIS will give you an initial interview (called a credible fear interview). If you “pass”, you will have your case before an Immigration Judge (if you fail, you will be deported). This can be faster than an asylum office case, but it can also be slower. Also, you could end up detained for part or all of your case. Generally, most people prefer to enter the US and then apply for asylum rather than ask asylum at the airport, but you can do that if you want. Take care, Jason
Hi Jason,
I filed at the Arlington office in Oct 2013 and after a long wait i was finally interviewed in Dec 2015. They told me decision will be 2 weeks but then called me to say that they will mail me the decision as its pending a background check. So far i haven’t heard from them and my EAD is expiring in July. I was just wondering how long are the decision waiting times and should i go ahead and apply for the renewal EAD as i am currently working?
Thank you for all your help!
This is a very common story, and it could take many months for you to get the decision. I highly recommend that you file to renew the EAD, just in case your case takes a long time. Good luck, Jason
Thanks, Jason!
I will apply right away. Also, i was just wondering when will the new DHS rules come into effect regarding being able to work with an expired EAD if we have already applied for renewal. I am just nervous because i have only about 100 days till expiration.
Thanks!
I have not heard that a start date for the new rules is announced; we shall have to wait and see. Take care, Jason
OMG, another appeaser. Open your eyes before islam closes them. Thoqz who fail to learn from history are doomed to repeat it. Study history and look what happened when a certain group got the majority. Lebanon, Egypt, etc. etc.
Understanding that only some Muslims are extremists is not appeasement. It is called “living in reality.” As I discuss, many Muslims have fought and died to improve their countries. However, when we fail to distinguish between the good guys and the bad guys, we only help the bad guys.
Great Article Jason !
If we didn’t have any war we will have no refugees ! Countries leaders fight with different political, religious or even raciest ideologies, and native residents of those countries become homeless ! Thanks for being human 🙂
Thanks.
Hi Jason,
I have a pending asylum case in Houston office. My wife arrived in the US on a visitor visa after the case was submitted. We were married before the case was submitted. She is listed as a spouse on my case. What steps do I need to take to add her to my case?
Given the current delays in the scheduling of interviews, it appears her visa will expire before the interview. Waiting for my case to approved before adding her would mean she might have to over stay her visa or leave the US. Both options are bad for us.
Thank you
You should be able to add her to your case, but the procedure to do this varies by asylum office. There is a link at the right called Asylum Office Locator – you can find your asylum office email address there so you can email them and ask. Take care, Jason
Hi Jason, wish you were in ma to be able to meet you in person and be yiur client! I do have a question though about the shortlist of asylum offices: how can an applicant be in that list ? Who has access to the list ?
You should contact your local office and ask. The short list in my office is (supposedly) currently closed. Other offices do not have short lists. So you have to ask – also if you want to be on the short list, be sure that all your documents are submitted. The link at the right “Asylum Office Locator” will lead you to the email address for your local asylum office. Take care, Jason
Hey, guys. Fortunately I got my recommended approval in October. I had been waiting for the interview about 2 years. How long it usually takes to get a final granted asylum after recommended? Also I applied for EAD renewal in July and still waiting, my last EAD expired more than 3 months.
We have seen a large range of wait times after the recommended approval – sometimes it is a few days; other times, it can take years. Most people seem to wait less than a year, but in reality, it is very unpredictable. Hopefully, you will get the final decision soon. Good luck, Jason
Thank you. I hope.
Thank you Jason. I and my spouse hope to get it asap.
Thank you, Jason. Yes, I hope to get it soon, probably before Xmas. But what is needed more right now it’s a work authorization, we applied to renew it about 130 days ago. I didn’t think that EAD renewal will take so long time. I check my mailbox twice a day. It’s understandable reason for delays with the security check. Security first. But what can be a reason for delays with the EAD renewal? It seems so easy to change the date in the document, I don’t understand why it takes several month. Thank you. Best regards, Fenilopa.
Sorry for a lot of replies, It’s my browser didn’t refresh the page.
I completely agree with you – USCIS could make the EAD process much easier (I wrote about it two weeks ago on this blog), but so far they have not. You have been waiting a long time for your EAD; most people seem to have the EAD in less than 4 months, so hopefully you will get it in the next couple weeks. Good luck, Jason
Dear Jason. Thank you for your support. I just wanna let you know that today I received the envelope from USCIS with asylum granted letter and I-94. I am so happy!!! We waited for it about 2 years. Our security check took about 5 weeks. It’s unbelievable that it happened before Xmas. Yeeeeees!!! I wish everyone here all the best. Be patient!
Congratulations and best of luck, Jason
When you apply asylum and with which office ?
I applied in February 2014. I’m from Brooklyn, NY.
Thank you
Hi Jason,
I don’t if you remember me but I was granted asylum in mid september and have not yet received my EAD. I have contacted Asylum office in chicago and they said my lawyer can send them an e-mail but I can’t. I am not satisfied with my lawyer so I decided to write a letter to them and post it tomorrow. do you think I will hopefully receive my EAD by March? and if I don’t do I have any power to ask them to expedite the situation?(I am not sure if it is the case but after I called and they knew I was granted asylum they were way nicer to me.)
Thanks for your all hard work.
I don’t know*
You can always apply for the EAD yourself using a form I-765 under the category for asylum approved. Any lawyer can help with this – or you can do it yourself, as it is pretty easy, but you need to read the instructions and send all the required documents. As for expediting an EAD, you can ask, but it seems to me that that does not work and is a waste of time. Good luck, Jason
Jason ,
I’m not going to say that all these wars were in the name of religion , but the difference there is NO legal excuse or any phrase that give permission for these wars in the NEW TESTIMONY
Regards
Dear jason
My mom had green card and she want to travel outside the usa ,my quastion is how long she can stay outside usa ,that is mean 6 months or one year.
Best regards
There is no simple answer – if she plans to leave for more than 6 months, she could have a problem. Also, if she plans to spend the majority of her time outside the US, she could have a problem, even if she returns in less than 6 months. I suggest she sits down with a lawyer before she travels, to make sure she is safe. Take care, Jason
Hi Jason, am sorry to post my question here but I don’t know how to contact you.
I’m Syrian who applied for asylum on August 2014 on LA & still waiting for my interview & it seems I will wait for it for a long time. I’ve heard that I can sue the asylum office because the delaying on my case, and it works to force the asylum office to make my interview right away.
Do you have any idea about this, is it efficient ?
Can I do it by my self, because my attorney asked for a lot of money to do that.
Thank you so much for your help.
@ Humam:
While I understand that your delay can be stressful, you’re not suffering a particularly long delay when other people are waiting for about 4 years till the interview at the LA office. Other people wait for 48 months just for the interview but you sue 15 months after filing. I don’t think the court would be sympathetic to that. But of course, what do I know?
@ Jason:
I’m curious about such legal action against the asylum office for the delay. Isn’t this similar to subpoenaing a reluctant witness and running the risk that she may lie against you at the trial for dragging her to the court house?
So the asylum office gets sued for the delay, which it would consider as a hassle if not something more bothersome. With all that discretion the asylum officers have, is it wise to sue the office even if you have a good argument?
@Dale Lee
Its very very stressful indeed, especially when you finally found a decent job in a well known firm & all that could fade because your EAD took so much time for renewal. I can’t sleep at night because of that !!
I want to get that out of my mind, that’s way am looking for a way to get my papers done.
I have couple fiends who applied for asylum on same time on same office with same attorney & they got there interview & approve in just two months. I think court should be sympathetic to that, also time frame when I applied was 45 days, there were no rescheduling thing which delay me until now!!
People have different opinions about suing (mandamus). Often times, if you sue, the asylum office will agree to “settle” the case by giving you an interview. However, if they fight the case, I think a pre-interview lawsuit will not work – everyone is suffering the same delay. As to whether it will influence the decision, I really do not know, but I suspect that it will not. I am not even sure whether the asylum officer will be aware that the case was scheduled for an interview based on the lawsuit.
It is called a mandamus lawsuit. I think it will not work. Everyone is in the same position, and so I do not think a court would be sympathetic. However, often times what happens is that after you sue, the asylum office agrees to give you an earlier interview, rather than fight the lawsuit. Maybe that will work in LA, but I do not know. You can do the suit on your own, but it would be much easier with a lawyer. Maybe you need to look around for someone who is more affordable. Good luck, Jason
Dear Jason,
Finally my asylum application was approved this week. I have TPS status and I left US few days before the approval after getting advance parole. I left to Turkey to move my wife out from Syria last week. I am going back using my advance parole in 3 weeks. will that be an issue regarding my asylum case? any recommendations?
Hopefully, it will not be a problem. We have never had anyone outside the US when their asylum was granted, but the Advance Parole should allow you to re-enter. Let us know what happens. Good luck, Jason
Thank you so much for all your writings. You were in my journey in every step I did during my asylum process. Finally I got approved for asylum. I returned back on advance parole without any issue. I have TPS as Syrian and filed an asylum in Feb 2014. the whole process took 1 year and 9 months.
Congratulations and good luck in the US.
This nativist prejudice against the refugees desperately fleeing from harm is one of many reasons I hate humans.
Eurotrash reporter runs around kicking refugees in Hungary, yet another Eurotrash press publishes a cartoon mocking the drowned 3 year old Syrian child, CNN suspends its employee for voicing her opposition against the House vote restricting the refugee flow, and Ben Carson compares the refugees to rabid dogs. Believe it or not, even rats have been observed to render help for another in distress.
The poem beneath the Statute of Liberty welcoming the “tempest-torn, huddled masses” grows phonier by the moment.
I am not sure who is in the majority, but clearly the bigots are making themselves heard, very loudly.
Good evening Jason
My question regarding the last decision of the congress regarding Iraqi and Syrian refuges , i am from iraq and we are already here in the country from more than a year and a half , waiting for asylum interview , does that affect the asylum cases or only the refuges through UN
I think it does not affect you. If it were to go into effect, which it has not, it would only apply to people waiting to come to the US who are outside the US. Take care, Jason
Jason, I too have represented genuine Syrian asylum applicants, both Christian and Muslim, and I find the asylum vetting process to be quite thorough. The normal refugee resettlement process is also generally quite strong, but what concerns me at this point is that there is a push to essentially wholesale deem those crashing European borders now to be “refugees” as they overwhelm the normal system, when most in fact do not meet that definition at all but are in fact displaced persons seeking safer environs and of course, richer benefits. (In fact, many were previously in safe places but report leaving for better benefits and opportunities n the West.) I think our challenge in advocating for our genuine and deserving clients fleeing real persecution as legally defined is to clearly differentiate them from those who are, at best, economic migrants and at worst…well, we saw the worst last Friday in Paris.
I agree that a whole mix of people is entering Europe – many are legitimate refugees, I’d imagine that many are economic migrants, and some might be terrorists (though my understanding is that none of the Paris attacker entered Europe in the recent migration). I am writing about US refugee policy though, and the backlash against Muslim refugees and asylum seekers in our country. While there are always concerns, it seems to me that the refugee and asylum security process is probably more secure than any other type of immigration background check (for F-1 or B visa people, for example). For this reason, targeting Muslim refugees is not an effective way to increase our security. I hope all is well, Jason
Jason,
The Muslims have a choice, which is just to obey exactly what their religion’s instructions…I think this could be acceptable
While Christians have no choice either killing or convert to Islam.
In other words…you can give priorities for some groups over others…which will make sense and acceptable for all parties
I think it depends on the Muslims and it depends on the Christians. There are good and bad in each group, and to draw generalizations about people (refugees) based on your perception of their religious doctrine is simply to ignore reality.
Jason,
This nothing to do with good or bad people OR my precaution, its about what exactly their holy book saying.
So, any good one can easily turn to bad one (in our point of view), when he/she obey what their holy book saying, and in their point of view he is right and doing the good things.
While Christians even they decided to practice their religion and obey what Jesus said, there is NO way to be a killer
If you’ve read the Torah (what Christians call the Old Testament), there are plenty of instances of killing. Including killing disobedient children and Sabbath breakers. I guess the New Testament is better, but there has been lots of violence done by Christians. I simply think that justifying the rejection of refugees because you don’t like parts of their holy book makes no sense.
Any book calls for killing is NOT holy book.
But what you don’t know about the middle eastern Christians is that they consider old testimony just stories while what they actually believe is Jesus (new testimony)
Did u see, hear or read that a middle eastern Christian bombed himself or slaught someone or even kill people in the name of Jesus!!!!
They don’t have this trigger point that turn them from good to evil …just like Muslims
Anyway, regarding the refugees , any country have rhe right to secure his people, so It’s acceptable to deal with asylum seekers base on priorities to those who are, according to world’s security situation and terrorist threats, less danger than others
I am not sure how you can say that Christians have not killed in the name of Jesus. This seems to have been a recurring theme for centuries – from Crusades, to witch burnings, to the the Holocaust. Not to mention secular wars where majority Christian nations attacked other, non-Christian nations (Vietnam and Iraq come to mind). When you make general conclusions about people based on their religious book, the result is that people – such are refugees fleeing violence – are harmed.
Ray,
I am impressed to see an american who actually read the whole Quran and read all the official interpretation of the verses… Your very confident tone about the real nature of our holy book shows that you did all that readings and it really impresses me… By the way, as a Muslim I never came across a single verse on the Quran that encourage any Muslim to kill innocent and peaceful Non-Muslims or any body disagrees with a Muslim without fighting him/her with a weapon, even if their leaders attacked the Muslims. But apparently ISIS is your single source of Quran interpretation and that is EXACTLY what they want.
Regards,
Tareq
Ask yourself why Isis interpreting Quran that way, which u disagree with it????
Quran and turat call for killing innocent ppl, this is the truth and the way of changing the meanings of words and saying oh that was because an incident happened …you can’t deceive us anymore
Mohammed said I am ordered by God to fight ppl till they admit that no God only allah and Mohammed the messenger of allah
Ray, Da’aish (ISIS) is totally a creation of Assad’s regime to create terror. In the world there are more than 1.2 BILLION Muslims, and Da’aish and its supporters do not exceed a few hundred thousands. It is scientifically and statistically wrong to consider that few hundred thousands are interpreting the Quran the right way while the over 1 billion people are wrong!!!! About prophet Mohammad’s saying you mentioned, it is a great example of how some people take the shallow meanings according to their point of views and misinterpret texts. All the legitimate and well educated Islamic scholars around the world agrees that this particular saying is applied only for those who were fighting prophet Mohammed at that time and for those who will fight Muslims and prevent them from practicing their religion. A simple proof that there were many non-Muslims living peacefully (and not paying taxes by the way) during the time of prophet Mohammed and his successors. If the shallow and wicked explanation of that saying was right, I don’t think you will hear about non-Muslims living peacefully when the Islamic civilization was dominant.
Please, do not let Da’aish win! you are just making them happy when you consider them as real Muslims and ignore the over 1 BILLION Muslims rejecting Da’aish…
Tareq
#Jason
# San Bernardinho massacre
Peacful, well educated and not religious Pakistani Immigrant suddenly converts to a radical muslim and kills his friends and work colleagues!!!!!
WOW thats support my point of view
WHENEVER any muslim read and understand exactly what his Quran Said….BOMB
Now he is a great hero and good man according to his QURAN while he is a terrorist in our point of view
Simply its God’s Illusion
No one said there is not a problem with radicalization or terrorism. It seems the murderers here were inspired by their interpretation of Islam, though we do not yet know if they had any real connection or training from a terrorist group. This is not a legitimate reason to condemn all Muslims. Did you condemn all abortion opponents after the other murderer attacked a Planned Parenthood clinic? Just because certain individuals adopt twisted versions of a religion or a political ideology is not a basis for condemning that religion or ideology. In fact, it is the very definition of bigotry.
Time and time again, Jason…well said! Thanks for all that you do for your clients.
Gracias.