Some Good News from Asylum-Land

For those of us involved with refugees, 2015 was not a great year. Never-ending turmoil in Syria, Iraq, and Afghanistan have resulted in unprecedented numbers of people fleeing their homelands. The flow of asylum seekers arriving at the Southern border of the U.S. from Central American and Mexico has not let up. Our Asylum Offices and Immigration Courts are increasingly backlogged, and it’s reached a point where the basic integrity of our humanitarian systems seem in jeopardy.

If you're on a sinking ship, you should celebrate when you can.
If you’re on a sinking ship, you should celebrate when you can.

Sometimes I think that in order to continue working in this field, you have to be either freakishly optimistic or pathologically disassociated from reality. I’m not sure I fall into either category, yet I’m somehow still in the game.

In any event, one thing that helps is to remind ourselves of our successes. In that vein, I thought I’d look back at a few pieces of good news we’ve had in my office during the past year:

Particular Social Group (Sexual Orientation)/Rwanda – I’ve always had an interest in folklore and magic, and so when there is crossover with an asylum case, it peaks my interest. This year I worked on the case of a young gay man from Rwanda, who was kidnapped by his family members and subjected to a bizarre and terrifying exorcism ritual. Rwanda is not a safe place for LGBT people in the best cases, and when your family is out to get you, it’s even worse. The asylum office recognized that my client suffered past persecution and granted him asylum.

Political Opinion/Haiti – My client was a political activist who had worked closely with Paul Farmer, a world-renown physician who founded Partners in Health and who is the subject of an award-winning biography, Mountains Beyond Mountains. Dr. Farmer wrote a two-page single-spaced letter describing my client’s persecution. I figured that the letter–and a ton of other evidence, including photos with the former president of Haiti–would have been enough for a grant at the Asylum Office. But unfortunately, our Asylum Officer failed to question my client about his past persecution, and when we asked whether the client should discuss it, she told us that it was not necessary, as she read about it in the written statement. She then denied the case because we failed to demonstrate past persecution. Needless to say, I was not pleased. But earlier this year, we went to court where the DHS Trial Attorney did not understand why the case had been referred to the Immigration Judge. She and the Judge agreed that my client should get asylum, which he did. The court hearing took all of three minutes.

Refugee Waiver/Cameroon – My client had come to the U.S. and received asylum due to political persecution in Cameroon. Unfortunately, he fell in with the wrong crowd and got involved in a fraudulent check cashing scheme. As a result, he went to jail for two years and was then put into ICE custody for deportation. Fortunately for my client, there is a waiver available for refugees under INA § 209(c), which is very effective (a waiver is a legal mechanism for requesting forgiveness from the U.S. government in order to avoid deportation). The Immigration Judge granted relief, and after almost three year in detention, my client walked free that afternoon.

Political Opinion/Nepal – My client had been a local activist with his political party. As a result, Maoists guerrillas attacked him in his home and sent him to the hospital. He came to the U.S., but did not seek asylum within one year (as is required). After having spent half-a-dozen years in the U.S., the Maoists resurfaced and threatened his wife. We applied for asylum and claimed that the new threat constituted “changed circumstances,” which is an exception to the one-year filing rule. Luckily for us, the Trial Attorney agreed that my client was entitled to an exception and asylum was granted.

Imputed Political Opinion/Syria – My client was affiliated with a man who the Syrian government deemed an enemy, and this was enough to cause him to fear return to his country. The problem was, he had to leave his wife and young child in a Gulf country because they could not get visas to the United States. After a long ordeal (thanks to the backlog) during which the child could not attend school or get medical treatment (thanks to the inhumane policies of the Gulf countries), we were finally able to get his case expedited. He was granted asylum and–after three years–he finally reunited with his family earlier this month.

Particular Social Group (Family)/El Salvador – My client was a young girl whose mother had testified against her former boyfriend, a member of the MS-13 gang. The ex-boyfriend and other gang members had been threatening the mother and my client from jail. My client’s family feared that she would be harmed once the ex-boyfriend was free, and so they sent her North. Because she was a minor, the Asylum Office (rather than the court) had jurisdiction over her case, and she was granted asylum. Now we’re waiting for her mother’s case, but since the daughter already received asylum on the same facts, we’re optimistic about the mother’s chances.

Religion/Afghanistan – My client was a well-known singer in his country. But since the Taliban are not fans of music and believe musicians are infidels, he ran into trouble. The Taliban threatened to kill him, and so he came to the U.S. for asylum. After a long delay, and a difficult separation from his family, the case was granted. We are now waiting for his family members to join him in the United States.

I rarely take time (or have time) to look back on completed cases, and it is encouraging to think about the people who have succeeded. I’ll try to keep some of these happy thoughts in mind as we move on to new challenges in 2016. Happy New Year!

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87 comments

  1. Good evening Jason,

    Your answers are amazing, thank you so much.
    My case status is still pending (I applied in 2014 January) and I already have received my EAD twice. I was wondering, I have a high-paying job (almost 6 figures) and me paying the state taxes will it affect the judges’ decision(positively) during the interview? Or is it irrelevant? Do you know the chances of the Uighur asylee seekers’ of getting approved? Oh, by the way, I am keeping my F-1 status as well, and I am full-time student enrolled in college. Looking forward to hearing on your opinion.

    Reply
    • I don’t specifically know about success rates for Uighur cases, but I imagine this could be a strong case. As for your income, it should have no effect on your asylum case (other than maybe paying for a good lawyer to help you). Since you are in valid f-1 status, you might also consider alternatives to asylum, like H1b – talk to a lawyer about that if you are interested, as there is a deadline coming up to file for H1b visas, and that is at the end of March. Take care, Jason

      Reply
  2. i apply EAd on april 24th pending asylum case last week i submit service request responce was application is pending due to back ground check and check back in 6 month we are trying our best to resolve this
    how long background check takes

    Reply
    • We have seen people wait about 4 months for the new EAD, so you are at that point now. Hopefully, you will get it very soon. You might also try to contact the USCIS Ombudsman, a link is at right. They help with delayed cases. Take care, Jason

      Reply
  3. Dear Jason

    I’m did Asylum in 2014 form Massachusetts. Till date i have not got interview date. I had applied asylum after expiration of my visa(After six month) and before 1 year (in 10 month).
    Right now i’m working as a chef’ in a restaurant. My restaurant is ready to sponsor for me.
    Furthermore, I have applied for the TPS and still waiting for the approval letter.
    At this situation what would be the best way?
    Is it possible to get green through a job offer?
    If i moved to another state, does this create any problem to my asylum case?

    Reply
    • You can move to another state, and you have to tell the asylum office by submitting a form AR-11 (available at http://www.uscis.gov). This could cause your case to be moved to a different asylum office, which might cause some delay, though supposedly, you keep your place in the queue (to check which asylum office you will interview at, follow the link at right called Asylum Office Locator). As for sponsorship, they may be able to do it, but I suspect that the only way to get the green card will be for you to leave the US and then re-enter with a green card. This can be a major problem, and you should talk to a lawyer before you start the sponsorship process. Good luck, Jason

      Reply
      • if leave the US through TPS and then re-enter, can i get sponsorship ?

        Reply
        • I really do not know – But you should talk to a lawyer before you leave the United States. Take care, Jason

          Reply
  4. Hey Jason I am witholding of removel approved case since 2007 every year I am renewing my work permit. But this time I sent my application on 3rd of June by express mail next day Chicago office and united state’s postal service showing that they completed my documents on 5th of June .but I am still wating for my receipt letter I called uscis custmoer service they said I have to wait 30 days I am worried if I don’t get my work permit on time I can lose my job ????,what should I do

    Reply
    • I do not know anything you can do without the receipt. If your application was received (according to the post office tracking), you should get a receipt. If not, maybe it was lost. In that case, the fastest option is probably to reapply (and explain what happened), but you could also file a Freedom of Information Act Request to get a copy of what you filed (form G-639, available at http://www.uscis.gov), assuming USCIS has it. But this will take several months. Good luck, Jason

      Reply
  5. Hi Jason,
    Why Anaheim is so slow!?
    They are still on 2011! Is there any reason?
    And is there any chance for acceleration!?
    What’s your advice to someone who filled his case on September 2014 in Anaheim? Or any useful sugestions?
    Thanks a lot

    Reply
    • You can contact them to see whether they have a “short list” or you can try to expedite. I wrote about these ideas in a posting dated February 26, 2015 – maybe that will help. Take care, Jason

      Reply
  6. Hi Jason, in case my asylum case denied in the court, I entered the us legally and don’t have any crime could I adjust my statuse through Us citizen person marriage or I should do that before the denial. So it is possible to adjust the statues when I appeal after the final court decision.

    Thanks

    Reply
    • Assuming you are eligible (and it sound like you probably are), you could adjust status during the time your case is in Immigration Court or when it is before the appeals court (called the Board of Immigration Appeals). This can be a bit tricky, and it is well worth it to have a lawyer help you with the process. Take care, Jason

      Reply
  7. I like your advices which are helpfull. I came to USA a two months back and applied for Asylum with my two kids and my husband. And this week we find out that my husband win DV lottery.
    What is your advice. Is it going to affect our asylum? And are we going to loss our chance?
    What is the effect if my husband go back to our country (as he is not the principal applicant for the Asylem) and peocess the DV.

    Reply
    • Whether you and your family can take advantage of the DV lottery, I do not know, as it depends on many factors. However, it is well worth it to talk to a lawyer about the specifics of your case. If you can get your green cards through the lottery, it will be much faster than asylum. Take care, Jason

      Reply
  8. Dear Jason Dzubow,
    I have some bad news regarding of my case. Please give me positive solution. On February 22 from Asylume office NY, they transferred my case to court. For the rezone was They didnt find any Point to grant my asylume. I didnt get any hiring date yet. What will be in the court, is there any possibility to grant my case in the court.? Im little worried, please write asap

    Reply
    • It is bad news, though the NY office probably sends almost 80% of their cases to court. The NY court is quite good (unless you have the bad luck to land on one of the few tough judges), and so you certainly would have a chance to win your case in court. You really do need a lawyer in court, so you should look around to find someone who is good. Take care, Jason

      Reply
      • I have Lawyer, and he said dont worry most of the people win there case in the court, Lets see whats going on my luck, any way thank you so much. You are very helpful.

        Reply
  9. Hello Jason Dzubow,
    This website is so helpful, hopefully i will get help from this website.
    I applied asylum in 2011 and beginning of 2016 they denied my asylum case and they give some days to leave usa to my country. Right now i find a girls to marry, she is citizen of us. Whats gonna be my status after married her? Please write soon as possible.

    Reply
    • You need to talk to a lawyer to see whether this can help you. If you are eligible to get your green card, you may be able to reopen your case and get the green card based on marriage, but there are a number of steps and you may not be eligible, depending on your specific circumstances. A lawyer should be able to help with this. Take care, Jason

      Reply
      • If i take the action before my case denied, i mean i should get married with running case right?

        Reply
  10. Hello dear, I m writing beocz its my situation right now, I applied for asylum in middle of 2014 and they didnt give me the decision, Recently asylume office send letter to my lawyer and they said my case is now in to court. I’m little worried about it whats gonna happen to me in the court… Do you have any suggestion for me ? How can the send my case to court without any result on my case????

    Reply
    • I do not know – you should have had an interview and got a referral letter, which gives you a basic idea of the reason the case was not granted. If you did not get those things, it seems to me that something is wrong. You should ask your lawyer to explain what happened. To me, if the lawyer cannot explain this, then maybe there is a problem with the lawyer. Take care, Jason

      Reply
  11. Hi Jason,

    Thanks for this amazing page. I applied for asylum a few months ago and now realized that it will take forever to get through the proccess. I would like to withdraw my application and go to another country where it is easier to go through the legal system. I need to bring my family to where I live as they can’t sustain themselves. can you tell me how do i withdraw my asylum application and what are the implications. I just did the fingerprinting thing and never got an interview notice. Thanks.

    Reply
    • You can send a letter to the local asylum office and withdraw the case – You can find contact info at the Asylum Office Locator – a link is at the right. If you plan to go to Canada, you should talk to a Canadian lawyer before you withdraw the case, as some people cannot qualify for asylum in Canada if they were first in the US. You need to know that before you go to Canada. That might be true for other countries as well, and so it is worth talking to a lawyer in your intended country before you make any decisions. Good luck, Jason

      Reply
  12. Hi Jason,
    Could you please share some idea about EAD,I applied asylum in Oct 2015,biometric done and my question is when i am eligible to apply EAD? Your answer will be great help.

    Best
    Prateek

    Reply
    • I do not understand your question – if you filed for asylum, you can apply for the EAD 150 days after the government received your asylum application. It takes 3 or 4 months to get it. I hope that helps, Jason

      Reply
  13. HI Jason I made my interview in march 2013 and till now I didn’t receive any decision and from 5 days ago I sent an inquiry and thy answered me that the office wait the background check what is that mean

    Reply
    • It is common – they do a security background check of a number of data bases to see whether you are a terrorist or a criminal. Why it takes months or years, I do not know, but we see this a lot, unfortunately. Good luck, Jason

      Reply
  14. Hi Jason,

    I apply for my asylum way back in August 2013 in Seattle, WA. I did only a fingerprint and yet i have not been call/scheduled for interview. Do you know why applicant in seattle are waiting this long especially mine, since 2013.

    Thank you

    Reply
    • Seattle is a sub office of San Francisco and it is probably slower than that office. You can email the San Fran office to ask about the case – you can find the email if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  15. Hi, thank you very much for your help, I did my interview before one month in Arlington VA and I didn’t get any mail about the decision, How long it will take to send the recommended approval and if they don’t send is that mean they denied my asylum?

    Thank you

    Reply
    • You cannot predict how long the decision will take or what the decision will be. We have people waiting well over one year since the interview. Other people get a decision in a few days or weeks. In general, men seem to be slower than women and people from Muslim countries tend to wait longer. Take care, Jason

      Reply
      • Thank you very much

        Reply
  16. Hi Jason,

    Im appalled with all these waiting periods,how does one survive i had my asylum application acknoledged in september,according to the website u can apply for workpermit after 150 days have passed.I am shocked though that its actually 180 day with an additional waiting period of 3/4 months.please break dosn this process for me as iam in agrave situation financially and i have a 3 year old son that needs taking care of feel stuck and confused.
    Thank though for all the blogs and responses.

    Kind Regards
    MM

    Reply
    • It is very difficult. The main problem is that USCIS does not have the resources to process all the cases – there are too many people in the system. One point – if you work without the EAD (assuming you can find a job), it does not affect your case. Good luck, Jason

      Reply
  17. Hi Jason I hope you are well, I have one question for you, it’s been more than 50 days since my interview in Arlington and no decision yet, am not on status, in your experience when there is a mail out notice what is the average time to get a result?

    Reply
    • There is no average, although I feel like it is slower these days. We have over 20 client who have been waiting more than 400 days since the interview, but most (or maybe all) of them are from countries of concern like Afghanistan, Iraq and Syria. Most people–especially those from countries where terrorism is less of a concern–probably wait less than six months. Good luck, Jason

      Reply
  18. Happy new year for you & your family dear Mr. Jason Dzubow
    Realy you are the father of all asylum seeker , let God gives you more blessing
    my question is that : Every time I am hearing through the news , news paper and media that immegration officer hiring to speed up the interview process but nothing we have seen the change about it even though What do you think where the bottel nack is , and Dose that difficult in USA to solve the problem where alot of technology is available
    or is the hiring is bulshting ?
    Becuase the more you hiring the fastter the interview , is that not dear sir ?
    may be there is somethings which is not clear for me , so can you highlight me about ? ,
    thanks for your golden time
    God day !!!!!!!!!!

    Reply
    • The delay has been caused (mostly) by large numbers of asylum seekers arriving at the US border from Central America. Unfortunately, the number of people coming has not slowed down, and that is causing the delay. The asylum office has been trying for some time to hire more people, but now (according to them), they are finally increasing the number of officers. It seems that this is true, and that we might finally see things start to move more quickly. I hope. Take care, Jason

      Reply
      • yenekale also notice if they hired someone now you wont feel its affect till 6 month as they have to go through different extensive classes and checks , regardless that the hiring process already take between 1 to 3 month

        Reply
  19. Hi Jason,
    I applied for Asylum in July, 2015 Arlington Office. and It’s been like a month since i filed for my initial EAD. How long do I have to wait to get the EAD? and How long do I have to wait for My Interview? Thanks.

    Reply
    • You can check the Asylum Office Scheduling Bulletin for the interview dates – a link is at the right. the EAD seems to be taking about 3 or 4 months (closer to 4 months). Take care, Jason

      Reply
      • 3 to 4 months for an intial EAD?! So that’s 180 days of initial waiting, plus 3-4 months for processing = around 300 days. I’m sorry but this is just inhumane.

        Reply
        • There are reasons for the 180 day waiting period, but basically, I agree that this is pretty bad and does not make sense.

          Reply
  20. Greeting

    Happy new year!

    I just want to thank you for this amazing thing that helps allot of people.

    My question is after applying a year or more ago
    And did a changed the address to VA, which caused the delay to the case. I didn’t get EAD it. Interview
    I’m so devastated I don’t know what to do everytime i call uscis they keep saying wait and call back after one month I need you help please .

    Reply
    • If you did not get the EAD, you should contact the Arlington office (contact info can be found by following the link at right called Asylum Office Locator). They should be able to help with the EAD problem. As for the interview, if you move, you supposedly keep your place in the queue, but everyone is slow, so probably the delay you are experiencing is the same as everyone else. If you are not sure, you can inquire about that as well, though it seems like they are not giving you a helpful answer. Take care, Jason

      Reply
      • Thank you so much for the reply I did calld uscis
        And it has been 3 months everytime I calld they keep saying
        Just wait they are asking the officer or the asylum officer all I get is they denyed the request to Because I Caused day to May case i asked someone he told me that they may have stoped the clock ?
        Sorry for my poor English I don’t know what to do I am in a very bad situation in my life because of my past
        Thank you

        Reply
        • You need to contact the Asylum Office and ask them to start the clock – you can find info for this at the link at right called Asylum Office Locator. The USCIS office that processes the EAD cannot assist with the clock. Take care, Jason

          Reply
  21. Dear Jason
    I filed my case on dec 2014 in florida , two months ago I moved to Virginia and changed my address and inform the asylum office , I know some people that they filed their case on 2015 and they are getting their interviews , is that means my case will be more delayed or its just random pick ,

    Reply
    • We have seen different affects of moves – sometimes it is interviewed sooner; other times slower. The official word from USCIS is that the move does not affect your place in line. Whether this actually works in real life, I am not 100% convinced. Take care, Jason

      Reply
  22. Happy New Year Jason, I must admit you’re such a consistent and extremely helpful individual. Thank you for all you. I applied for asylum in December 2015 in Boston, To date i haven’t been interviewed, Do you know what month they are scheduling interviews for in Boston? Thanks again

    Reply
    • That information is not posted on the Asylum Office Scheduling Bulletin (a link is available at the right). However, Boston is a sub-office of Newark, NJ, so you can check the schedule for Newark. Sub-offices are usually slower than the main office. My guess is that you will wait another year or so for the interview, but that is really unpredictable. Also, you can always email the asylum office (Newark) and maybe they can tell you who is being interviewed now in Boston (their email is available if you follow the link at right called Asylum Office Locator). Take care, Jason

      Reply
      • Jason,

        Thanks for your response i meant December 2013 *TYPO* is when i applied so its been two years already..

        Reply
  23. Hello sir
    Hello everyone
    Happy new year Mr.Jason
    Thanks for the great advices and updates you provide it for us.
    Good news to share that I’m January 2014 applicant and I got my interview at Arlington office on December 2015. Thanks god.
    They send the decision exactly two weeks after.
    But my rest of my family(father&mother) got recommended approval and now more than two weeks afte their letter of recommended approval and no news!! Do u think I should contact the officer or call the office or go on wendesday, or just wait?? I need your advice mr. Jason??!!

    Reply
    • Most of our clients with recommended approval get decisions in a few weeks, but other wait months or even years. There is no harm in contacting them once in a while, but you should be prepared for a possible long wait (hopefully not). Good luck, Jason

      Reply
  24. Hi jason
    Happy new year ,, want to ask about calfornia office interviewing which year and month??? I applied on december 2014 in arlington and i am thinking to move my case to calfornia what do u think sir ???

    Reply
    • LA is very slow; San Fran is better – see the link at right called Asylum Office Scheduling Bulletin. Take care, Jason

      Reply
  25. Hi Jason,
    Thanks for sharing this information and answering our questions.
    I did my interview 50 days ago at Arlington asylum office. They day I was supposed to pick up the decision, the asylum officer called me and said I am on vacation and will send you the decision to your mail once I come back. So far no news from the asylum office. Is it OK to call back the asylum officer and ask my case status? I saved his number. or just wait and see when they send the decision to my mail ?

    Reply
    • In this situation, I think it is probably ok to call back. I would not bug them too much, as that might be counter-productive, but one call shouldn’t hurt. If you prefer to go through more normal (and more useless) channels, you can go there any Wednesday morning to inquire about the case status. Take care, Jason

      Reply
  26. Hello Jason
    I write just to say I follow your very interesting posts. In fact I hardly comment but the questions asked by others and the way you take all your time to respond to each concern is so amazing. I have never followed a website with someone responding to all concerns and aptly like you do. More courage sir. I want to end by wishing you a very wonderful new year 2016 to you and all whose comments I enjoy here.
    God bless you.

    Reply
  27. Hi sir, plz tell me that is there any facility of short list for interview in New York?if yes then what is the procedure to apply?

    Reply
    • I do not know – you have to contact the NY office and ask. You can find their email address if you follow the link at the right called Asylum Office Locator. Take care, Jason

      Reply
  28. Hi jason ,
    any good news regarding asylum interview plans during 2016 !!! I applied asylum -Chicago office and one year passed already?
    Hope in 2016 we can get appointments.
    Happy New Year

    Reply
    • The Asylum Division has been hiring more people – and it seems that they are finally staying in their jobs. So hopefully, with more officers, we will see faster interview dates. Take care, Jason

      Reply
  29. Thanks for taking the time to write this Jason. I agree, it’s been a tumultuous and crazy year for those of us representing asylum seekers. On my end I represented a woman and her twin four year olds who were detained in Artesia. It was a strong PSG claim and we won before the IJ in Denver. The government appealed and now it’s been remanded for another hearing. It’s a sixth circuit case and I am not sure where it will go. Also lots of Venezuelan asylum seekers. 2016 should be another interesting year for that country with possible change on the horizon. It will be interesting to see if there is a move to democracy, what will happen to the thousands already granted asylum. Thanks for your amazing work!

    Reply
    • You too – you are really an inspiration. In fact, I think Todd and I were hoping you would absorb our firm, as we need someone who knows what she’s doing to help us get organized. Keep up the great work, and hopefully I’ll see you soon, Jason

      Reply
  30. Very inspiring cases. Thank you Jason Dzubow for taking time to give us hope after years lost in the backlog/blackhole.
    I take this chance to wish you a Great and Happy New Year for you and your loved ones.
    Thank you so much for your website.

    Reply
  31. Hi Jason,

    I’m doing some research for a film script and wonder if you could help me out. A Swiss banker blows the whistle on his bank and has to flee to the US, where he will give the IRS tons of info on Americans with secret accounts in Switzerland who are avoiding paying taxes.

    How would he apply for asylum? I see there is a form to fill in and you have to go to a specific service center – but is that it? Then you can stay and just wait until you come before a judge?

    Would really appreciate any feedback! Make believe you’re in the film and have the case!

    Reply
    • My previous attempts at show biz have thus far failed, but I can always try again – if you want to call me about this, it is easier to discuss, as it is too much to explain here. The very short answer is, he mails the application to the service center, gets a receipt and fingerprint notice, waits a long time, has an interview in a local office, and get a decision. If he loses, he goes to the Immigration Judge where he can present his case again, and either get asylum or get deported. The case you are describing might also qualify for an S visa (the “snitch” visa) which is offered (in rare cases) to people who cooperate with the US government to help prosecute someone. Anyway, if you want to discuss, you are welcome to call: 202-328-1353. Take care, Jason

      Reply
  32. hi Jason, What about Sudan and Happy New Year!

    Reply
    • I think I did have one decision from Sudan in 2015 – He was a student political activist who was granted asylum. Happy New Year, Jason

      Reply
  33. Hi Jason,

    Thanks for sharing this. It was really promising. I noticed that even with solid affidavits the officer may still reject your asylum application. This raised a question in my head: is there any criteria or guidelines the immigration officers follow?. If the answer is no, then your case will totally depend on the officer, and the decision they take may not be objective! And if the answer is yes, then what is that criteria? and how come the solid affidavits will be questioned if the officer follow the criteria and guidelines?

    Thanks and have a blessed new year 🙂

    Reply
    • In that particular case, the officer screwed up. It doesn’t happen often, but we see it once in a while. There are many guidelines for the officers to follow, but of course officers are human (despite some claims to the contrary) and they sometimes make mistakes. Happy New Year, Jason

      Reply
      • Thanks Jason! That helps 🙂
        Wish you all the best in the new year, Tareq.

        Reply
  34. These are wonderful, thank you for sharing!

    I won an interesting folklore-related case too this year: my client was a baby whose mother had been accused of witchcraft in their native country. The mother’s claim had been refused several years earlier, but due to huge delays in our system for post-refusal leave to remain applications, she was still here and had gone on to have a child who was entitled to make his own claim. There had been no credibility findings against her in relation to the witchcraft accusation, so I was able to present that as an established fact and argue the baby’s case on the basis of up-to-date country of origin information showing that children of accused witches are at risk of persecution in that country. This was successful – and the parents’ leave to remain was secured shortly afterwards.

    Reply
    • That is a fantastic case (and it sounds like you did a great and creative job on the case too). Thank you for sharing, and Happy New Year (if we are lucky, my kids and wife will be awake for your new year; probably not for our own). Cheers, Jason

      Reply
  35. Dear Jason

    Thank you for sharing.can I ask you about abandon the asylum application if I chose to travel outside of US and withdrawal the application. Will I be facing any issue at the immigration ??

    Reply
    • It could affect your ability to get a new non-immigrant visa – if the embassy thinks you plan to immigrate (stay permanently in the US), they will likely deny you a non-immigrant visa (since those visas require you to promise that you will not stay here permanently). The prior application for asylum may cause them to believe that you plan to stay permanently in the US. You may want to consult a lawyer before you apply for a new visa. Take care, Jason

      Reply
  36. My heart is so full after reading this! Thank you so much for sharing your victories with us. Best of luck with your cases in the new year!

    Reply
    • I will need it – Thank you and Happy New Year, Jason

      Reply
  37. Hi Jason, thank you for sharing. All of us can use a bit of good news from time to time in this ordeal. As a Syrian who is trying to find a new home, much of what you describe resonate deeply within me..and it really helps to know we’re not alone. Thanks and Happy New Year.

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