During the first week of his Administration, President Trump has signed two “executive orders” on immigration: Border Security and Immigration Enforcement Improvements and Enhancing Public Safety in the Interior of the United States. At least one other order has been leaked to the press: Protecting the Nation from Terrorist Attacks by Foreign Nationals.
The effects of these orders are already being felt. I have heard reports about Syrians with U.S. visas being rejected from a flight because the airline believed that the visa would not be honored and it (the airline) would face liability for bringing the family to our country. My Sudanese client–and a lawful permanent resident based on asylum–was on a business trip to a third country. When she called the U.S. embassy for advice, they told her to return to the United States immediately, as they were unsure how the vaguely-worded executive orders would affect her. A lawyer friend’s client who had been released on bond after passing a credible fear interview was detained, even though he has a pending court date for asylum (though apparently, he also has a pending–and minor–criminal issue, and this may be why he was targeted). The practice of prosecutorial discretion–closing certain cases where the alien has no criminal issues and has equities in the United States–has been ended nationwide, and so now DHS (the prosecutors) can no longer close cases for aliens who are not enforcement priorities. These are some stories from Day 1 of the executive orders.
Here, I want to make some preliminary observations. There will be time for a detailed analysis later, when we know more about how the executive orders will be implemented, but for now, there are some points that non-citizens should keep in mind:
- Don’t panic. The President has the power to issue executive orders (“EOs”), but he is constrained by the law and by the availability of resources to enforce the law, and so there are limits to what he can do. The asylum system and the Immigration Courts still exist, and while pushing more people into the system may cause further delays, at this stage we really do not know what the effect will be.
- For people physically present in the United States, the government does NOT have the power to deport anyone without due process of law, meaning a court hearing and an appeal. So you can’t just be thrown out of the country. Even an expedited process usually takes months.
- Also, there is nothing in the EOs indicating people legally present in the U.S. will be targeted for removal, so aliens with asylum or green cards should be fine, as long as they do not commit (or get accused of committing–see below) any crimes.
- For people with pending asylum cases, it does not seem that the EOs will have any immediate effect. The orders seem to impose some additional requirements on obtaining immigration benefits (and this may or may not include asylum), but these requirements are very similar to existing discretionary requirements, and I doubt we will see much difference. Asylum applicants from “countries of particular concern” (meaning Iraq, Syria, Sudan, Iran, Somalia, Yemen, and Libya, and maybe other Muslim-majority countries) may face extra delays because the EO’s seem to temporarily suspend immigration benefits for people from those nations.
- It is probably best to avoid travel outside the U.S. using Advance Parole, at least until we have a better idea about what is happening. If you do need to travel, talk to a lawyer first to be sure that you will not have trouble returning.
- If you are from Iraq, Syria, Sudan, Iran, Somalia, Yemen or Libya, it is probably best to avoid all travel outside the United States, even if you have a green card. The situation for people from these countries is unclear, but this seems to be the list (so far) of countries targeted for “extreme vetting.” Since we don’t really know what that means, it is safest to stay in the United States until we have some clarity. If you must travel, talk to a lawyer before you go. If you are from one of these countries and are currently outside the United States, but have lawful status here, it is probably safest to return to the U.S. immediately. Or at least call the U.S. embassy to ask for their advice (though they cannot always be trusted to give the correct advice).
- If you have a criminal conviction, or even a pending criminal charge, you should be aware that an EO directs the government to make your detention and removal a priority (the idea that people accused of a crime, but not yet convicted, should face an immigration penalty is very troubling). Other priorities include aliens who have engaged in fraud, abused public benefits, or who have a final order of removal (the full list of enforcement priorities is here). However, the government is restricted in its ability to detain and remove people due to limited prison space (though the EOs express an intention to increase detention capacity) and due process of law.
In many ways, these EOs do not immediately change much of what has been policy for the last eight years. The tone is certainly different, which is an important and distressing change, but the laws are the same. For this reason, it is important to remain calm about the changes. For most people inside the U.S., especially people who are not enforcement priorities, the legal landscape today is not much different than it was prior to January 20.
The more damaging affects of the EOs, at least in the short term, is on people who are outside the U.S. waiting to come in, such as Syrian and other refugees whose cases now face a 120-day hold (and what happens at the end of 120 days is anyone’s guess). The EOs also temporarily suspend issuance of visas for immigrants and non-immigrants from “countries of particular concern.” The vague language used in the EOs makes them even more problematic, as it is impossible to predict how they will be implemented.
The longer-term effects of the EOs also look bad: Increased enforcement and detention, coercion of local authorities to end “sanctuary” jurisdictions, additional requirements for people to immigrate to the U.S., restrictions on travel for people from countries that do not (or cannot) supply “information needed for adjudications” of visas to the U.S. government, the border wall. Not to mention the overall tone of the EOs, which paints foreigners as a dangerous threat to our national security.
So here we are. One week into the Trump Administration, and the government is moving to restrict immigration and step up enforcement. To anyone watching Mr. Trump over the last several months, none of this should come as a surprise. There will be time later to analyze the policy effects of Mr. Trump’s actions (spoiler alert: They are terribly damaging to our national interests and our country’s character), but for now, the flurry of activity counsels caution. Over the coming months, we will see how the EOs are implemented, and we will have a better idea about what to expect. For now, though, it seems the large majority of non-citizens in the U.S. will not be affected by the EOs. So keep an eye on the news, and speak to a lawyer before traveling or if your case is an enforcement priority (if you cannot afford a lawyer, you might look for a free attorney here). We shall see how things go, and of course, we will keep supporting each other in these difficult times.
Hi
I have send an asylum application on 17th Jan 2017
Am worried what will happen to my application afterEO?
If you are not from one of the listed countries, the EO should have no effect. Even if you are from one of those countries, USCIS should still accept the application. By the time you are eligible to apply for a work permit, in 150 days, we should have some clarity about how the EO will affect applications, if at all. Take care, Jason
HI Sir
Thanks for all your support.
I have Q. i am from india and non muslim can i apply asylum after this EO.
I waiting for your ans
thanks a lot
If you are in the US and fear persecution in India, you can file for asylum. The EO does not affect you. Take care, Jason
Hi I am from syria and i applied for green card under approval asylum on Dec. 8 and i got a fingerprint note yesterday how long doesit take to get it? And how the new regulations would effect my situation as you know my country in the list . Thanks
You may be blocked from receiving the green card, at least for the time being. I did a post about this yesterday, Feb 1, 2017, that might be helpful. Take care, Jason
if there is a pending case in immigration court,are you deportable
Not necessarily. If a person is in court but is eligible for relief, he may not be deportable. Take care, Jason
Dear Jason,
I would like to thank you from deep down bottom of my heart for your great informative website. I had a question, I would be thankful if you could please answer it. I am a half Iranian and half Nepalese person with a pending asylee, the problem is that according to Nepal’s government a person born to a foreigner father is not allowed and able to obtain a citizenship through his or her mother, so for that reason I was not able to reside with my mother in Nepal and at the same time I was not able to live in Iran due to the problems I was facing there. I came to US on June 2014 and was able to expedite my interview due to health problems I was and am still facing. I was interviewed exactly one year ago on January 2016, since then I have not received a decision regarding my case. The only thing I have received is a letter saying that ” other: Your file has been sent to the New Ark office for final processing. While processing steps for most applications or petitions are completed quickly, some cases involve unresolved issues that may result in adjudication delays. USCIS is unable to complete these processing steps on your application until certain issues are resolved. USCIS is striving to resolve these issues as soon as possible. if you do not receive your decision within the next 2-3 months. Please contact the New Ark Asylum office directly at 1200 Wall Street West,4th Floor, Lyndhurst, NJ 07071″
I received this letter about three months ago and since then I have not heard anything from them. My lawyer is hesitant and against enquiring again or going to the ombudsman, because she thinks this will rush them into denying me. I really don’t know what to do and with Mr. Trump becoming the new president I don’t know what is the fate of my case. I know you must be very busy but could you please advise me what to do and tell me what does the asylum office mean by” final processing”.
Thank you so much
It is common to see delays for people from Iran and other Muslim countries (for security background checks), so you are not alone. I think there is no harm in inquiring with the asylum office or the Ombudsman, but for the time being at least, it seems USCIS will not be issuing any decisions in asylum cases for people from Iran (including dual citizens). I wrote about that on February 1, 2017 – maybe that posting would be helpful to you. Take care, Jason
Thank you so much for answering my question Jason. I will contact the asylum office.
Thank you Jason for great articles! God bless you for all your support. Im a syrian and applied for Asylum On Dec 2015
And i do have my EAD card until Aug i will renew it on May
my question is Do you advice me To apply For TPS Or jest wait my case i have no interview yet
TPS Is good Or no for asylum ????
do you think syrian will be stepped or dany my case
really i dont no what i should do ?
I do not know if it is still possible to apply for Syrian TPS, but if you have TPS and your asylum case is denied, you can remain in the US with TPS. If you do not have TPS and the asylum case is denied, you will go to a judge who will review your asylum case and grant it or order you deported. So if you prefer to see the Judge, maybe you should not get TPS (though some judges will hear cases for people with TPS, so I cannot say for sure whether or not you will see the judge). Personally, I do not think it much matters whether you have TPS or not. You probably already have an EAD based on asylum pending, so TPS will not make much difference in your life. Take care, Jason
Hi Jason, what is the current wait time on asylum based green cards. I am filling for one in first week of February. My country of origin is Pakistan which luckily did not make to the list of blocked countries. Thank-you.
It usually takes 6 to 9 months, but there have been delays for people from majority Muslim countries, and these delays existed under Obama, so it might be longer for you. Also, keep an eye on the news, as it is possible that new countries will be added to the banned list. If nothing changes, though, you should be able to get your green card just as before the ban. Take care, Jason
Hi Jason, i have to apply to renew my EAD. Should i apply to renew it or did they stop it for asylum applicants? Thank you.
Unless you are from a banned country, you should be able to get a new EAD as normal. Even if you are from a banned country, it is not clear whether EADs will be blocked or not, so probably you are better off applying to renew. Take care, Jason
This article from Newsweek is read worthy about Asylum:
http://www.newsweek.com/donald-trump-muslim-ban-refugee-ban-international-law-549980
This link is very helpful. Thanks Mo.
Hi Jason, I am a sudanese national , I have applied for asylam based on persecution at Chicago office since February 2014 and still waiting for my interview. My questions are;-
1- How the new EO will affect my case?
2- My son is turing 14 in 4 months does he have to redo fingerprints?
3- Am in the process for applying for advance parol based on humanitarian my father is very sick in addition to that, my children haven’t seen their father for three years we will meet in third counrty as I can’t go back to Sudan, What do you advise?
1 – You can still be interviewed, but for now at least, they cannot issue a decision until the ban is over (and we do not know when that will be); 2 – I do not know. When you go for your interview, he will be fingerprinted, and if you get a notice in the mail for him to get fingerprints, you should do it; 3 – You can apply for AP, but I do not know if they will grant it until the ban is lifted. Also, unless something changes, you cannot travel and return, even with AP. If you apply and you get it, you should consult with a lawyer before you travel to make sure you can return. I wrote a blog post today (Feb 1) touching on some of these points – maybe that would be helpful to you. Take care, Jason
Hi Jason- how does the EO apply to granted Asylees currently outside the U.S. carrying a RTD?
If you are from a banned country, it is not clear how it will affect you, and I have not seen any guidance yet on this point. I expect they will treat you as LPRs and (probably) let you back in, but that is just a guess. If you are not from one of the banned countries, you should be able to travel the as before the EOs. Take care, Jason
Hi Jason,
Have you heard of any asylee travel issues who are NOT from the banned countries and are traveling with their asylum based green cards ? I have a travel coming up and not sure what I shield do. Lots of conflicting information in the media. Are Asylees being detained and questioned as well?
I have not heard about people from other countries having trouble. One of my Afghan clients just went on vacation to Central America. If she does not get back into the US, I will post something about it, but I expect she will be fine. I advised her to keep an eye on the news in case they add Afghanistan to the list of banned countries. I suggest you do the same, as the government may add other countries to the list. If you come from a majority Muslim country, you need to pay careful attention to the news about this. But as long you are not on the list, you should be able to travel as before. Take care, Jason
Hi Jason,
I am South American I have green card based in asylum
I would like to travel to a third country in Central America to see my family before my Refugee travel document expires
Do you know which countries in Central America accept RTD?
But with the current situation do you think that it is safe to travel now or it is better to wait ?
Thank you very much
There were rumors that Colombia and Venezuela might be added to the banned list, but the US government is denying this. As long as your country is not on the list, you should be able to travel. As to what countries accept the RTD, I do not know. You would have to check with the embassies (for some countries, the embassy websites have this info, but probably you will need to call). Take care, Jason
Hi
I was just filing my green card application based on asylum this week.I’m Palestinian refugee who was born and lived in Syria so basically I’m stateless,how would the new restriction affect my application.
Thanks for being here for us. God bless you.
Hey Lola,
I sent my I-485 application to USCIS,last Dec no update on it yet.I’m in similar situation though, i also had to apply for annual residency permit annually in Syria growing up.
According to my lawyer it makes the case stronger when i applied,but after the new EO he’s not sure how long does it take
Some forums saying that people who used to be residents in one of the 7 countries have to wait longer.
Hopefully Mr.Dzubow have more information about it,cos it’s quite common for Palestinians and Iraqis refugees in Syria.
Omg more waiting, I waited two and a half year to get the asylum approval, what did you write in the nationality question on the application? I’m preparing the application myself do you think I should contact a lawer?
You really should,the situation in the time being is very confusing and you need to consult a lawyer.I am half Iraqi though but stateless since my dad escaped Saddam’s regime and grew up in Syria.But hey the good news you granted the Asylum.
Please let me Know if you heard back from USCIS. Good luck with everything.
Check this website:
https://www.cbp.gov/border-security/protecting-nation-foreign-terrorist-entry-united-states
Scroll down and there are some FAQ – you will see one about nationality. It seems that people are being treated according to their travel documents, so if you had a Syrian passport, you will be treated as a Syrian. Maybe you had a Syrian-issued travel document for Palestinian refugees. I have no idea how this would be treated under the EO. Given how expensive it is to apply for the GC, you might want to wait a few weeks to see whether the government provides some clarification. You might also try submitting your question to the USCIS Ombudsman – a link is at right, but I do not know whether they would accept such a question when a case is not pending. Maybe your best bet is to contact your Congressperson and ask whether they can contact USCIS for some clarification. These EOs are a real mess, and your example helps show why – hey simply do not provide sufficient guidance for people to know what to do. Take care, Jason
Hi Jason is traffic ticket for not obeying sign going to be considered as a crime?
Thanks!
I applied for asylum over a year and half ago and have not had an interview yet. I have EAD. I am not a citizen of any of the seven countries listed on the EO. I once had a traffic ticket for not obeying a sign. I am wondering if this will make me a deportation priority?
Thanks
I do not see how this will make you a deportation priority. Your case should be adjudicated the same as everyone else, but there are long delays for everyone, and this has nothing to do with your case. Take care, Jason
Normally, it is not, but if you went to jail or it was a DWI or reckless driving, it may be a crime. Take care, Jason
Thank you very much!
God bless!!
hi jason
i want to applay for the renewal of my AED, iam stateless and this was the base of my asylum case and i become stateless after i have been denatioralised from my jordanian citizenship ,the problem is that i was born in syria .so should i mention in the applecation of renewal that am stateless or it is better to say jordanian since i have to mention that i was born in syria.
manny thanks
Check this website:
https://www.cbp.gov/border-security/protecting-nation-foreign-terrorist-entry-united-states
Scroll down and there are some FAQ – you will see one about nationality. It seems that people are being treated according to their travel documents, so if you had a Jordanian passport, you should be treated as Jordanian, even if you were born in Syria. Frankly, it is unclear to me how your birth in Syria will affect the case, and whether the ban might apply to you. The above website indicates that it may not apply, but because the EOs are so vague, it is difficult to know. In any case, I think you need to say whatever you said in your first EAD application so that the applications are consistent. Hopefully, the ban will not affect your application for a new EAD (even if you were a citizen of a banned country, it is a bit unclear whether the ban would block an EAD). Sorry it is confusing. Take care, Jason
Not all heroes wear capes..a special thanks to Jason and everyone working tirelessly to make our dreams and prayers come through!
I just wanted to share my own experience:
I called the USCIS customer service. I have pending EAD reneal application (I-765) submitted and received since Dec.9.2016 and still pending. I told them, I am Syrian, and would like to know if my EAD application is going to be suspended or affected by anyway with the EO’s. They said: (We are uncertain. We are unable to answer your question with neither yes or no. We haven’t received any specific information yet. What we recommend is to keep an eye on our website)
I think DHS/USCIS has not gotten much guidance on how to interpret the EOs and they are waiting for the bosses to determine how the EOs will be applied. Thank you for letting us know about thus, Jason
Dear Jason. Blessings to you for your precious time in answering people’s questions and supporting asylee seekers at their difficult times. I hope everything your heart wishes to come true.
I am in the process of filing for Asylum based on PSG. I am aware of the republican party platform that wants to cancel asylum for PSG and i am really worried. Do you know if it will affect applications that have filed before the changes happen or will they use the new law regardless of the filing date?
Thank you so much for everything.
I do not know that the Republican Party Platform wants to cancel PSG. They just did not include PSG when they discussed asylum (admittedly, that is not a good sign, but we do not know their plan). It would take an act of Congress to eliminate PSG. The Administration could interpret PSG more narrowly, but there are numerous federal court decisions about PSG, and these will constrain how the Administration can interpret PSG. In short, if you plan to apply based on PSG, it is likely that you will be able to move forward as before. Take care, Jason
Many blessings on you, Jason! You are a superhero for many suffering people! Thanks you so much for all the work you are doing!
Thank you, I appreciate the superhero comment. I do enjoy wearing a cape now and again….
Hi Jason,
I live in CA. I am an asylum seeker. Applied for EAD renewal a month ago. Received a notice from USCIS saying they transferred my case to Arlington, VA as part of standard processing. This is very strange. For 15 years they were processing it here in CA and now they decided to transfer to VA. Your thoughts please. Thanks.
It happened to me as well. i am syrian asylum seeker. They transferred the case to Potomac office in Arlington, VA.
The most strange, that they ask on the notice they send to check the time frame online. And when you go the website they provided it shows that this office (Arlington) only handles EAD cases based on Student F1 visas. but they don’t handle EAD cases based on asylum
and the same happened to you, my previous 3 EADs I applied were handled in California service center
i called them to make sure the case was not routed to wrong office. And customer service escalated the phone call to an officer. The officer said this is normal because the USCIS started sending cases to other offices since few months to distribute the work load
However, my case was received since Dec.9.2016 and transferred to Arlington, VA since Dec.22.2016. Until now my case is pending without answer.
Please share the time your case was received and the time transferred to VA if you don’t mind
It is common for cases to get moved around due to USCIS workload, so maybe that explains it. But I do not know why it would be sent to Arlington, as that is an asylum office and not normally a place that EADs are processed (at least as far as I know). In any case, moving cases around is normal, and if USCIS needs something from you, they will send you another letter. Hopefully, it will just be processed as normal. Take care, Jason
Hi there! I am from Turkey and I am offered a G5 visa to work as nanny at someone’s house in great falls,va. The family told me to enter US by B-1/B-2 visa and they didn’t give me any papers which proves that they will be sponsoring me. What should I do now? my flight is this saturday and the family think it is safer this way for me to enter USA and then we sign a deal and start my G5 visa. Should I trust them? I was on F1 visa in US last year and before that I was a flight attendant. I came to US many times. What should I tell the people at the gate while entering?thank you.
What the family is doing seems a bit suspicious to me, but I do not know much about such visas, so I really cannot offer you any advice. Sorry, Jason
Thanks Jason,
I know this is not necessarily the forum to ask this, but do you think this will affect processing of I-130 applications for people from muslim countries in general? I’m Palestinian, and my husband has already filed I-130. From the hostile sentiment of Trump towards Palestinians, I’m worried this might be the case! Any advice?
So far, Palestinians are not on the list, and hopefully, it will remain this way. I did a blog post today (Feb 1) where I updated the above posting, and I discuss some unconfirmed reports about immigration benefits for people on the list. Maybe that posting would be helpful to you. Take care, Jason
Hi Jason,
First of all, thank you for your effort to help us the world is a better place because of people like you.
I am from one of those countries trumps is talking about “Sudan”.
Am in Florida now and was planning to relocate to NY next week and open my Asylum there, am still on a tourist visa. Honestly, after the current developments, am scared of taking domestic flight let alone applying for Asylum. Can you please advise if I should wait as am still on a legal tourist visa or go ahead with applying.
Thanks
You should not have trouble boarding a domestic flight, but if you are concerned, you can call the airline and ask. Also, you can apply for asylum, though it is still unclear how the EO will affect you. I wrote an update to the above article today (Feb 1) and maybe that would help. Take care, Jason
thanks jason for what you doing to help people like me .this is abig disappoinment. no one feel what i suffer . i have been waiting my interview since february 2014 . seven years i did not see my family . i am from the one of seven countries of particular concern .i have over thinking and disorder sleeping working very hard to forget every thing but i could not . every day when i come back home check my mail box hopefully get my interview letter. but now things become more diffcult to me i dont know home many months or years wait to get my inerview then my green card to see my family in third country. thanks jason again~ take care .
It is very tragic for people who are waiting so long and missing their family members. I am sorry. Cases for people from the listed countries are still being interviewed (I was at a Syrian asylum interview yesterday). However, it seems that decisions are “on hold,” at least for now. I wrote a new blog post about this today (Feb 1), and maybe that would be helpful. Take care, Jason
Thank you for taking so much of your personal time to respond to everyone’s questions and concerns, Jason. Your workload must be incredibly intense right now, and I appreciate the helpful information you provide, even if there are no simple answers.
Thank you. In fact, I am ready for a vacation. When that will happen, we will see…
Hello Janson;
Is there is any way to transfer my Asylum Case to another country different that USA?
Please Advice
Thanks
You can move to a new country and file a new case, but I have never heard of transferring an asylum case to a new country. Before you go to a new country, talk to a lawyer there to make sure you are eligible for asylum. Take care, Jason
Hi Jason !
My asylum case is pending in San Francisco asylum office.I applied in Nov 2014 and after 5 days of my interview, they call me and said that we will mail you your decision. I am still waiting for my decision. On Jan,8th, 2016, i got a call from asylum office about my second fingerprints notice. On Jan, 14, 2016, i got a letter of second fingerprints and on Jan 15, 2016, i did my second fingerprints (Very next day). Now am waiting for my decision actually.
Its almost 2 years, but still decision is pending. I email them and they replied me that “your written decision is pending, when circumstances will allow, we will email you.”
It is unfortunate, but very common that they tell you to expect a decision soon, and then there is a long delay. You can contact the local asylum office to inquire about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. You can also contact the USCIS Ombudsman (a link is also at right), and they may be able to help with a delayed case. Take care, Jason
Hi ! there I am from Nepal green card holder from asylum i had planned to go vacation to India for 30 days with my friends and it’s on Feb 1 do you think it might be a problem for me when I come back to he USA.
As things are now, it seems ok for you to travel. However, the situation has been changing so much that it is difficult to know what will happen next. If you go, make sure you pay attention to the news, and if there are any changes, you should be prepared to return early. But as of now, I do not see why someone from Nepal cannot travel to a third country and return safely (unless you have prior criminal or immigration violations). Take care, Jason
“countries of particular concern.” Please What do you mean? Is Egypt is one of these countries?
I have a request for asylum five months ago, I married an American girl a year ago we live together, I have not apply for immigration with my wife Before because i dont have Sponsor.
Now Do I can apply for a work permit by my asylum?, and what Effect if i apply immigration by my wife Especially I’m from Egypt?
Is there any effect of the asylum application delay my immigration by my wife if I apply now?
Thank you very much to help humanity.
Egypt is not one of the countries on the list. If you are married to a US citizen, you are probably eligible to get your green card based on the marriage. Talk to a lawyer to be sure. This would be faster than asylum. If you filed for asylum more than 150 days ago, you should be eligible to apply for your work permit, using form I-765, available at http://www.uscis.gov. Take care, Jason
Hi Jason
Thank you for the great effort you are doing.
I belong PakistanI Christian minority. I filed my case in September 2015. I got all my recipt and now waiting for my work authorization. 1. What will be the effect on my procedure clock as trump has stopped all applications for 4 months.
2. What will be impact on my case expedite if trump says that Christian refugees should prioritize..
I would be highly appreciated for you answer
God bless you
Im sorry September 2016
1 – Trump has not stopped all applications for 4 months. He is only stopping people from certain countries and even this is unclear. In any case, Pakistan is not one of those countries, so Trump’s orders should not affect you. 2 – I do not know, as his orders are vague and we cannot now predict how they will be implemented. Take care, Jason
Hi Jason,
Thanks for what you wrote.
I’m Syrian citizen with recommended approval for my asylum case from USCIS and waiting for my background check to get my final approval. Do you think that can effect me or maybe delay the final approval?
Thanks
Salam mustafa im a syrian too and i applied on dec 2015
And i have no intrviwo yet can you pleas tell me when you applied and tell me your steps
جزاك الله خيراً
Hi Mohamed, I applied on May 2016 and on October 2016 I did the interview and got the recommended approval after 15 days of the interview. Now I’m waiting the background check result the get the final approval.
Wow. Your interview was so fast! Which location did you apply? did you expedite your case? congrats anyway!
I applied at SF with no expedite. I think it’s kind of luck and it’s early for the congrats cause don’t know if that effect the final process 🙁
ما شاء الله
mobark w allh ytmmlk 3la kher ya rab w ygm3ak m3 ahlak ya rab good luck for you did you applied on chicago office ?
i see the answer dont worry allh yof2k ya rab broo
It might, but it is unclear. The executive order states that immigration benefits (which would presumably include asylum) are suspended for nationals from certain countries, including Syria. However, the EO is vague on this point, and so it is unclear how long the suspension lasts for people who are in the US. In other words, the president’s order is vague, and so we do not know. We will have to see how the orders are implemented in practice. Hopefully, it will not add too much to the delay. Take care, Jason
Hi, so does this mean that the asylum cases that are pending will be delayed or put on hold till the 120 day period is over?
will there be more restriction on countries that are banned or other Muslim majority countries?
Thank you.
The 120-day hold is for refugee cases (outside the US), not asylum cases (inside the US). If you are from one of the “countries of particular concern” (or another Muslim-majority country), your case might also be put on hold, but that is unclear at this point. We will have to wait and see how the EOs are implemented, as they are fairly vague. Take care, Jason
Hi Jason,
I’m a citizen of Iran and have been here as a pending asylum, I applied to get EAD renewal on November 15th last year and didn’t hear back from USCIS (They just said they got my application). Is it possible under new EO they deny my EAD? Thank you a lot.
Maybe, but it is unclear. The executive order states that immigration benefits (which would presumably include EADs) are suspended for nationals from certain countries, including Iran. However, the EO is vague on this point, and so it is unclear how long the suspension lasts for people who are in the US. In other words, the president’s order is vague, and so we do not know. It typically takes 2 to 4 months to get the EAD, and so you are still inside the normal processing time. Hopefully, the case will proceed and you will get the card. If you get a result one way or the other, please let us know, as that would help other people waiting for their EADs. Thank you, Jason
Hi Mo,
I am in exact same situation. I applied for EAD renewal a month after you ( Dec 9th). Would you please update us on your EAD renewal status?
Thanks
I assume only for immigrant & no immigrant visas for people coming abroad not here in the US
I assume the same but as Jason said the EO is very vague and no one knows yet if they will pause applications from people here in US or not.
I didn’t got any response form USCIS yet, as soon as I get it I’ll update you guys.
What about people with pending TPS cases and i20 holders(students) up for renewal?
Unless you are from a “country of particular concern,” I have not seen anything indicating that these would be affected by the EOs, but we will have to see how the rules are implemented, and if Trump moves to end TPS for any groups. Take care, Jason
Hello Jason
It’s been a month 2 since I a applied month ago and I gave my biometric last a month ago I was hoping to apply for EAD after 150 days will the new EO affect my EAD
Unless you are from a “country of particular concern,” I have not seen anything indicating that EADs will be affected by the EOs, so you should apply when you are eligible. Take care, Jason
May god bless you. you are a really good person
Hi Jason
Do you believe that there will be any change for the process of granting green cards for those who have asylum granted
Unless you are from a “country of particular concern,” I have not seen anything indicating that green card applications will be affected. However, if there are enhanced security checks, that might create additional delays, especially for people from Muslim-majority countries. Take care, Jason
Hi Jason. I got this from BBC news:
The text of the order was released several hours after it was signed. Among the measures are:
1.Suspension of the US Refugee Admissions Programme for 120 days
2.A ban on refugees from Syria until “significant changes” are made
3.A 90-day suspension on arrivals from Iraq, Syria, and “areas of concern” – reported to include Iran, Libya, Somalia, Sudan, and Yemen
4.To prioritise future refugee applications on the basis of religious-based persecution – but only if the person is part of a minority religion in their home country
5.A cap of 50,000 refugees in 2017 – less than half of Mr Obama’s upper limit
So,how do you think about this “Suspension of the US Refugee Admissions Programme for 120 days”?
It means all the asylum cases will be suspended for 120 days?
Thanks.
I do not think the 120-ban will affect asylum. In fact, if refugee officers are not working on cases, they could be re-assigned to asylum cases, which may make asylum cases move a bit faster. For people from the “countries of particular concern,” the bar to all immigration benefits might apply to asylum seekers from those countries, but as of now, it is unclear to me how that provision will be implemented. We will have to wait and see. Take care, Jason
Hi Jason. As always, thank you for everything you’re doing for the asylum/refugee community.
I was hoping to get my greencard prior to 1/20, as I filed for one in mid-June 2016 (after one year of granted asylum). However, it’s been almost 8 months and I still haven’t heard anything from USCIS. My online status says “you name was updated on 9/21/2016. I’m gay, don’t identify as muslin but from Azerbaijan (muslim majority country, which luckily didn’t make it into the “black” list). Is such delay because of these EO’s?
USCIS customer service representative says they are at May 2016, which is just less than a month apart from when I failed. Should I be worried?
The big reason why I want to get my greencard is to travel to Istanbul to see my partner. Assuming that I got a greencard, do you recommend traveling, even being from Azerbaijan (muslim but not targeted)?
I doubt the EOs caused the delay; they were just issued recently. Delays like you describe are pretty common, and I do not think the delay is a particular worry, though it is hard to predict when you might get the GC. You can contact the USCIS Ombudsman (a link is at right), and they may be able to help with a delayed case. Also, in the past, you could apply for a Refugee Travel Document and travel while you have asylum (and before you get the GC). At least until things settle down, I do not recommend leaving the US without the GC, but given that your country is not on the “black list”, you should be eligible to travel once things calm down and we have a better idea about how the changes will affect everyone. With that in mind, you might want to apply for the RTD now, as it takes months to get it and you should have it for travel even if you have the GC, so there is no reason not to get it. Take care, Jason
Thank you so much, Jason. Big big huge thanks. I followed your advice and submitted a form to the USCIS Ombudsman asking for help.
Let me know what happens. The Ombudsman can be hit or miss, and I wonder if things will change under the new Administration. Thank you, Jason
Hi
I got caught (in US soil) trying to cross the US Canadian border to Canada illegaly. The border Patrol Agents interviewed me and had my background investigation and my criminal records came back with negative result. The agents later told me that they had to put me in dentention center for visa overstay not for crossing the border because i had not really crossed it at that point. They even thanked me for being nice and cooperative with them during investigation. I spent 20 nights in dentention center and afterwards my brother who is a good US citizen has bonded me out; currently i am staying with him and my asylum application was lodged at the NY immigration court. The main question is that whether me and people with similiar situations like me have to expect any bad things causing from this order of president trump or no?. do we really have to worry?
I do not think Trump’s order will make much difference in your case – you can still present your asylum case to the judge. The issue would be if they revoke your bond and detain you again. Hopefully, this will not happen (as they are prioritizing criminals), but I recommend you prepare your case now, as much as you can, so that if you are detained, you are ready to present the case (since it will be harder to prepare your case if you are in jail). Take care, Jason
I’m wondering if civil violations such as parking tickets are going to become “criminal offenses” under the new administration.
I have not seen evidence of that. However, they may become more willing to prosecute immigration violators; this is something that generally has not been done before (instead, they just deported people without charging them criminally). Take care, Jason
Hi Jason, thanks for the article. I had asylum interview at October 2016 and the officer stated that he will make a decision witnin 2-6 weeks. I was going to contact to our congressman (WA) to help to find out what is going on with my case. Is it make sense to contact to congressman due to this new
EO’s or it is going to be too risky? Thanks for answer in advance.
Hi! Alex, do you have your case file from Seattle,WA or somewhere in WA? I filed in Seattle, in 2014 still have no interview time, I am just curious, when did you file your case? That would help me to know the timeline here in WA suboffice, thank you so much!
Hi AlehH, yes it was in Seattle, WA and I filed it on December 2012 and had been waiting almost 4 years for my interview
I see…. I filed in July, 2014, if they keep this already snail speed maybe I got interview in 2018 sometime… Thank you Alex!!That helps me a lot
The Congresspeople do not hurt, but I have found they are not very helpful in a situation like you describe. You might do better to contact the asylum office yourself and ask. You can find their contact info if you follow the link at right called Asylum Office Locator. You can also contact the USCIS Ombudsman (a link is also at right), and they may be able to help with a delayed case. Take care, Jason
Thanks Jason for breaking things down in your article..
God bless
Hi – I have US citizen kids and green card holder parents. My brother is citizen. Almost all family in USA. I am here on valid F1 status from last 10 years. I studied from US univerdities. Does all this make my case strong?
If you are talking about an asylum case, these types of relationships do not make a difference, unless maybe your asylum case is based on fear of persecution because you are considered American by the persecutors. But just having USC/LPR relatives does not affect an asylum case. There may be other forms of relief you can qualify for, besides asylum. Talk to a lawyer about that and maybe the lawyer can help you. Take care, Jason
Hi Jason,
I’m an Indonesian citizen and as you know it has the largest Muslim population. I was granted witholding of removal in 2006 and my status still the same now. Do you think the EOs will effect my status? Will it effect my EAD issuance and renewal? Thanks for the information and articles. Helps me a lot regarding the current situation.
At this point, Indonesians are not affected because your country is not a “country of particular concern”. It’s unclear whether Trump will expand the countries on the list, but given the powerful reaction against what he is already doing, my guess is that he will not try that in the immediate future. Take care, Jason
Hi Jason,
I excerpt “because the EO’s seem to temporarily suspend immigration benefits for people from those nations”. Do you think this can include EADs? If yes, we have to suspend all our long term plans (renting houses should be for short periods, or buying houses should canceled, buying any car to commute to work should canceled, for example I can afford a monthly payment to buy a car, but I cannot afford selling back the car if they canceled the EAD, because the car value would be depreciated and I have to pay the difference which I don’t have). technically, turning all your life plans into temporary situation or “uncertainty” as you used to describe..
We do not know for sure how the EO will affect people waiting for an EAD. The EO is vague and we will have to see how it is implemented. But as I read the EO, all immigration benefits (which likely could include EADs) will be blocked for people from the “countries of particular concern.” If you are not from one of those countries, hopefully, you will get the EAD as normal. Take care, Jason
Any idea if this excutive order is going to affect EAD issuance or renewal? I have a work permit based on a pending asylum application and I wonder if I won’t be able to have it renewed when it expires since it’s considered a type of a visa, or so I heard.
I would appreciate if you can give me an answer on this issue.
Thank you very much.
We do not know, as the EO is vague and we will have to see how it is implemented. But as I read the EO, all immigration benefits (which likely could include EADs) will be blocked for people from the “countries of particular concern.” However, at this points, we really do not know how it will be implemented, so we will have to wait and see. Take care, Jason
Hi Jason, I am a Syrian national on H1B inside the US. My company is filing employment based adjustment of status (I-1485) soon, do you think these EO’s will affect these sort of applications? Specifically “…EOs also temporarily suspend issuance of visas for immigrants and non-immigrants from “countries of particular concern.” “
As I read the EO, it would block you from any immigration benefit. However, it is unclear how long this block will be in effect. Also, the EOs are vague and so we will have to wait to see how they are implemented. I do think that it is a potential problem though, but we will need to see how things are implemented. Take care, Jason
Hi Jason,
My asylum case is pending an interview. What’s the implication of applying for Canadian permanent residence on the asylum case? Thanks!
If you are granted residence in Canada, you will no longer be eligible for asylum in the US. Take care, Jason
Hi.
If person is pending asylum based on persecution in usa. No interview yet. But conditions are turning bad and fear that what if they throw out pending asylum people here. Im not from the ban countries. Am i eligible to apply for canada?
You would have to talk to a lawyer in Canada before you go. We have seen people try to enter Canada, get rejected at the border and returned to the US, where they are detained. So make sure you are eligible before you try going to Canada. In the US, as long as you are not from one of the banned countries, your case should proceed as before (slowly, but it will proceed). Take care, Jason
Thank u jason for replying. Im from pakistan.i read ur 2nd post which says there is draft that pakistan may be added to the ban list. Im on pending asylum in usa. At this point, do u have any idea if pending asylum people can apply in canada? If so, wmundee which program?
What is ur recommendation as per situation here that should we wait and see? What if pakistan is added to the list?
Since I posted that, the State Department and CBP have stated that the list will not be expanded. Hopefully, that is correct. If you do decide to go to Canada, talk to a lawyer there first, as traveling from the US to Canada for asylum is generally not permitted, and we have seen people try it, and get returned to the US where they have been detained. It may be possible, but talk to a lawyer there before you try it. Take care, Jason
Thank you Jason for great articles! God bless you for all your support.
Since the EOs call for the construction and staffing of more detention centers and the possible deportation of any “removable” aliens, should people with pending asylum cases (no criminal convictions or charges) in the Immigration Court be worried that ICE officers will come knock at their doors overnight to detain them?
I do not think this is a possibility yet, but it is hard to know where Trump is going with this. I do think that would be a massive operation, since there are 150,000+ affirmative cases pending and probably over 400,000 defensive cases. I do not know that we can detain 1/2 million people or more. I suppose I do not think it is an immediate concern, but it may be a long term issue; we will have to wait and see. Take care, Jason
Hi Jason great article ,u think they will delay issuance of initial EADs for specific countries or it’s a system wait time ?
We do not know, as the EO is vague and we will have to see how it is implemented. But as I read the EO, delay of the EAD is a possibility for people from the “countries of particular concern.” Take care, Jason