Update on President Trump’s Immigration Orders

by Jason Dzubow on February 1, 2017

Since President Trump began issuing executive orders (“EOs”) on immigration last week, there has been outrage, confusion, and chaos within the immigration community. The EOs were clearly not very well thought out, and seem to have been written by someone lacking a comprehensive understanding of America’s immigration law. As a result, several courts have blocked portions of the EOs, and the Administration has walked back one of the more problematic elements of the new rules. There will be time later for an analysis of how all this affects our country’s security and moral standing, but since we are still in the middle of it, and since the situation is rapidly changing, I wanted to provide an update to my post from last week, to help non-citizens understand their situation.

I’ve never felt so proud to be Canadian! Oh, right, I’m American. Woo-f’n-hoo.

As I wrote last time, the EOs’ most damaging effects are on people trying to come to the United States. For people who are already here, the effect is less dramatic (and not all-together clear). Also, I believe nothing I wrote last week is obsolete, so if you have not read the previous posting, please do, as today’s posting is meant to supplement what I wrote last time.

Lawful Permanent Residents from Countries of Particular Concern: In some ways, the worst part of the EOs is how they affected lawful permanent residents (“LPRs” or people with green cards) who are from “countries of particular concern,” meaning Iraq, Syria, Sudan, Iran, Somalia, Yemen, and Libya (perhaps more countries will be added to this list later).

DHS originally interpreted the EOs to mean that LPRs from these countries would be turned back at the border. Apparently, at least some LPRs were rejected at the airport and sent back to their point of origin (Customs and Border Protection or CBP claims that only two LPRs were turned back). However, after (partially) successful litigation by the ACLU and others, DHS Secretary John Kelly issued a statement that “the entry of lawful permanent residents [is] in the national interest. Accordingly, absent the receipt of significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in our case-by-case determinations.” This means that if you are an LPR from one of the listed countries, you should probably (but not certainly) be able to re-enter the United States, but you should expect delays upon arrival, as your case will be individually reviewed to determine whether you present a threat to the United States. Whether you will, in fact, be able to enter the U.S. is not guaranteed, and how long the delay will be at the airport is currently unknown (DHS claims that entry into the U.S. should be “swift”).

Given all this, it is clearly a bad idea for anyone with lawful status in the U.S. who is from one of the listed countries to travel outside the U.S. at this time. If you are from one of the listed countries and are currently outside the U.S., you should be able to return if you are an LPR (if you have some other status in the U.S., especially a non-immigrant status, you likely will not be able to return at this time). Because there is so much uncertainty for people from these countries, it is best to remain in the United States or, if you are outside the country and are able to return, to return as soon as possible.

People from Countries of Particular Concern Waiting for an Immigration Benefit: For people in the U.S. who are from “countries of particular concern” and who are waiting for an immigration benefit, such as asylum, a work permit or a green card, the situation is also unclear.

Section 3 of the EO on terrorism is titled, “Suspension of Visas and Other Immigration Benefits to Nationals of Countries of Particular Concern” and states that the U.S. government should conduct a review to determine whether additional information is needed to adjudicate visas, admissions, and “other benefits under the INA (adjudications)” for people from countries of particular concern. The reference to “other benefits under the INA” or Immigration and Nationality Act – the immigration law of the United States –would presumably include benefits such as green cards, asylum, and work permits, though the EO does not specifically define what it means. Also, while the EO suspends immigrant and non-immigrant admissions for 90 days for people from countries of particular concern, it makes no other mention of suspending immigration benefits to such people who are already in the U.S. As a result, it is unclear whether, or for how long, USCIS (the agency that administers immigration benefits) will suspend such benefits for people from the listed countries.

Unfortunately, some leaked–but thus far unconfirmed–emails from USCIS indicate that the agency has decided to suspend all final decisions in cases for people from the listed countries. According to one news source:

“Effectively [sic] immediately and until additional guidance is received, you may not take final action on any petition or application where the applicant is a citizen or national of Syria, Iraq, Iran, Somalia, Yemen, Sudan, and Libya,” wrote Daniel M. Renaud, associate director of field operations for DHS’s office of U.S. Citizenship and Immigration Services. “Field offices may interview applicants for adjustment of status and other benefits according to current processing guidance and may process petitions and applications for individuals from these countries up to the point where a decision would be made.”

In other words, while interviews can take place for such people, no decisions–to include approval, denial, withdrawal, or revocation–will be made “until further notice.” I can report that USCIS is conducting interviews for people from countries on the list–my Syrian asylum client was interviewed yesterday–but I have not heard anything official yet about whether decisions will be issued. If this is accurate, it means decision will be suspended, at least for a while, on asylum cases. Whether it will affect applications for work permits, which are issued while waiting for a final decision on an asylum case, is less clear. Hopefully, it will not, and hopefully, this suspension will be temporary.

I-730 Petitions: If a person is granted asylum, she can file an I-730 (follow to join) petition for her spouse and minor, unmarried children. For family members from countries on the list, the EO applies, and thus the State Department “has stopped scheduling appointments and halted processing for follow-to join asylee beneficaries who are nationals or dual nationals of Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen. Further information on appointments for follow-to-join refugees will be available in the future.” In other words, family members of asylees from the listed countries cannot currently come here based on I-730 petitions, but how long this prohibition will last is unknown. In contrast to the State Department website, CBP indicates that I-730 petitions will be adjudicated on a case-by-case basis. How this will ultimately play out, we do not know, but there is still hope that family members overseas will be able to join the principal asylee in the United States. Also, the visa ban is set to expire after 90 days, and so we can hope that once procedures are reviewed, travelers from “countries of particular concern” will be able to come to the United States to join their family members.

People from Other Muslim Countries: At this point the EOs are limited to the seven listed countries. People from other Muslim countries are not affected. However, the EOs require government agencies to determine whether additional countries should be added to the “banned” list. For this reason, if you are a non-citizen, and particularly if you are from a predominately Muslim country, it is important to keep an eye on the news, just in case more countries are added to the list. A good source for up-to-date information about the EOs, and the lawsuits opposing them, is the American Immigration Council’s website, here.

So that is the update for now. It is important to understand that the “ban” described in the EO is temporary, and that the people mainly affected are nationals from “countries of particular concern.” Of course, we will have to see how this plays out going forward, but it is important to remain calm and patient, and to keep hoping–and working–for something better.

[Update for February 2, 2017: I have heard an unconfirmed rumor out of the State Department that additional countries will be added to the list of banned countries. This is not confirmed, but here is the message I received: “There is a draft order being circulated at the State Department. The order has language extending the list of banned countries to Egypt, Lebanon, Afghanistan, Pakistan, Philippines, Mali, Colombia, and Venezuela.” I suggest people from those countries pay careful attention to the news, in case the countries are added to the list, and I suggest that people from these countries not travel outside the U.S. until we have some clarification.]

{ 117 comments… read them below or add one }

Bb February 23, 2017 at 9:49 pm

Thanks Jason for ur sincere response to everyone,I have just been granted an asylee,can I use the refugee travel document to leave the US for a short visit to anither country which is not my fleeing country?, or has it been stopped till after I obtain my green card?.

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Jason Dzubow February 24, 2017 at 7:22 am

No, you can use the Refugee Travel Document to travel, but make sure you have the correct document (you need the RTD, not Advance Parole – yo apply for both using form I-131, available at http://www.uscis.gov) – you cannot even apply for the RTD until your asylum case is granted. Also, if you are from one of the 7 countries on the “banned” list, keep an eye on the news to make sure there are no issues before you travel. Take care, Jason

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Maria Garcia February 22, 2017 at 11:53 pm

Hi Jason, I am Venezuelan, almost 4 years that request for asylum and still waiting on my appointment, in this particular case how may my case be affected with new trump immigration orders? Thank you.

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Jason Dzubow February 23, 2017 at 2:03 pm

There is basically no effect on someone in your situation – I wrote about that again today. Take care, Jason

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Clive February 21, 2017 at 9:27 pm

I have a withholding of removal status with this new executive orders will l be affected and I’m not from one of the countries with a travel ban

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Jason Dzubow February 22, 2017 at 7:13 am

You cannot be removed to the country where you face persecution, and unless you have status to live in another country, you cannot be removed to another country either. Take care, Jason

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Franklin February 19, 2017 at 10:17 pm

My asylum was granted and I already applied for green card. I received a notice of receipt and a week later a notice for fingerprint which is schedule for next month (march). Will trump executive order affect my application. I am from Africa where there has never been any terrorist attack. How long will it take to get my green card if the process went smoothly

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Jason Dzubow February 20, 2017 at 8:00 am

GC trough asylum usually takes 5 or 6 months. If you are not from a country affected by the executive orders, Trump should have no effect on your case, and hopefully, it will proceed normally. Take care, Jason

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Dan February 14, 2017 at 9:00 pm

Hi Jason,

I’ve had my asylum interview and was scheduled to come and get the decision in person at a particular time. Unfortunately, I may arrive like one hour later because of my plane tickets. Are there any consequences for being late for picking up the decision letter?

Thanks you so much!

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Jason Dzubow February 15, 2017 at 11:01 pm

I doubt it, but really, I have no idea. Why not email the asylum office and tell them that you might be late and see what they say. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

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Therese Le February 13, 2017 at 1:42 pm

Hi Jason,
I was on F-1 visa when applying for asylum. Now due to financial condition, i cant conntinue taking classes (i.e im quitting my student status). Does it affect my asylum case? What’s your advice? By the way, i got the confirmation from USCIS that they have received my first EAD application.
Thanks so much for your reply. God bless!

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Jason Dzubow February 14, 2017 at 7:11 am

It does not affect your asylum case, except that if you were still a full time student at the end of your case (in a few years) and if you lost, you would receive a detailed explanation for the denial and have an opportunity to rebut the denial. But if you lost in the end, you would just continue being an F-1 student. If you are no longer a student and you lose your asylum case, then you will see an immigration judge where you can present your claim for asylum again. As to the substance of your asylum case, whether you are a student or not should make no difference. Take care, Jason

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Tanvir Uddin February 11, 2017 at 2:43 pm

Guys, (Since Mr. Jason is busy)

1. anybody knows about the difference between undocumented immigrants and illegal immigrants?

2. If I have a case under process with an expired EAD- Am I undocumented? I entered into USA legally. I have social number.

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Jason Dzubow February 12, 2017 at 12:04 pm

1 – These are not legal terms, and so they really have no meaning under the law. 2 – If you have an asylum case pending, you are allowed to be in the United States. If your visa has expired, then you are out of status, but you are still allowed to be here until your case is resolved. The fact that your EAD has expired does not affect that, but you do not have proof of your eligibility to work, and so it is a good idea to renew the EAD. Take care, Jason

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Mashish February 10, 2017 at 9:38 pm

I am US citizen and applied i130 for my wife who is in india. The fedex tracking shows the packet was received on 27th january and now its 10th feb. Neither the check was cashed nor any intimation through phone or email has come. Do you know how long does they gonna take to accept the application & cash the check.

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Jason Dzubow February 12, 2017 at 11:33 am

Sorry, I can only answer questions related to asylum here, but I think it is too soon to worry about this, as it may take a month to get the receipt. Take care, Jason

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James February 8, 2017 at 8:12 pm

Hello Mr. Jason,

I am an Indian and my Asylum is pending for approval.
Meantime, if my son ( Engineer ) got married with an H1B holder or green card holder or Citizen, can he get a spouse visa and travel to USA ?

Please reply

With Best Regards
James

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Jason Dzubow February 9, 2017 at 7:08 am

If your son is married to a GC-holder or a citizen, the spouse can sponsor him to come to the US. If the spouse only has a GC, there is a waiting period. If he gets an H-2 visa, he should be able to come to the US as well. Your asylum case will not make it more difficult for him to come here using any of these visas. He could also try to get a B visa, but your asylum case might make that visa more difficult for him to get, as the embassy may think he wants to violate the visa and remain here permanently (since you are asking to remain here permanently). Take care, Jason

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James February 9, 2017 at 7:08 pm

Thank you Mr. Jason,

If he come on spouse / H-2 visa, can he work in USA ? He is an Engineer. Is there any restriction ? Please advise.

With Best Regards
James

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Jason Dzubow February 10, 2017 at 7:24 am

I do not know about H-2 visas, sorry, Jason

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Johnny February 7, 2017 at 4:12 am

Hi i am a syrian i applied to adjust status after approval asylum i did my fingerprint yesterday. After the judge halt the EOs you think USCIS will continue process my application or ot will be delay . Thanks for helping us

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Jason Dzubow February 8, 2017 at 7:13 am

As of today, the processing will continue, but that could change depending on several court cases (especially the one that was argued yesterday in the Ninth Circuit). Take care, Jason

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Shweta February 6, 2017 at 12:50 am

I applied for renew of work permit on December 1,2016.uscis received and send me mail after seven days.15 dec I received notice that my asylum case status move to Texas ofificein jurisdiction.my work permit will expire in February.what should I do.

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Jason Dzubow February 7, 2017 at 7:14 am

Work permits are now automatically extended by the receipt for the new work permit. I wrote a post with links about that on January 25, 2017. USCIS commonly transfers work permit applications around, depending on their workload, so that is probably normal. Take care, Jason

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XY February 4, 2017 at 2:49 pm

A good news is that after the federal judge order, travel ban is practically dismissed.
Look, people in here stand for u, they support us. Why should not we love this country?

US reverses travel ban over court ruling as Trump fumes – http://www.bbc.co.uk/news/world-us-canada-38868571

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Gharchak February 4, 2017 at 5:50 pm

take it easy, and don’t be so excited!!

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Jason Dzubow February 5, 2017 at 11:30 pm

Hopefully, the courts will continue to uphold the law, but this could change, so keep an eye on the news. Take care, Jason

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Zac February 4, 2017 at 2:02 am

Just an update regarding trump ban, Judge Halts Trump Immigration Order Nationwide, check the link

https://www.google.com/amp/amp.timeinc.net/fortune/2017/02/03/trump-immigration-order-blocked/%3Fsource%3Ddam?client=ms-android-verizon

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fary February 3, 2017 at 11:25 pm

Hi
Can you give me an answer….I m still wating …..

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Mo February 3, 2017 at 9:21 pm

Everyone here is a very good news for processing EAD cards as usual for people who are inside US:

https://www.uscis.gov/news/alerts/uscis-implementation-jan-27-executive-order

USCIS continues to adjudicate applications and petitions filed for or on behalf of individuals in the United States regardless of their country of origin, and applications and petitions of lawful permanent residents outside the U.S. USCIS also continues to adjudicate applications and petitions for individuals outside the U.S. whose approval does not directly confer travel authorization. Applications to adjust status also continue to be adjudicated, according to existing policies and procedures, for applicants who are nationals of countries designated in the Jan. 27, 2017, “Executive Order: Protecting the Nation From Foreign Terrorist Entry Into the United States.”

We will provide additional guidance as it becomes available.

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Jason Dzubow February 5, 2017 at 11:03 pm

Thank you for sharing; it is good news. Take care, Jason

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Prabin Shrestha February 3, 2017 at 6:35 pm

My asylum case was approved in feb 8 2016 and i will be applying green card soon. i am from Nepal .My mom is having an operation in India. so i am planning to go to India to be with my mom for the operation. I have already applied for my travel document in august 2016. They are doing the operation in june 2017. i will be there atleast a month. With the current situation does it affect while coming back.I am just scared right now.

How does it affect traveling for us?

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Sarah February 3, 2017 at 7:15 pm

There is 4 months left to June. You want him to protect the future? It seems Trump loves India though, so I doubt anything bad happen to you. Also you might get your green card by then so who knows?

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Sarah February 3, 2017 at 7:21 pm

I meant “predict”

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Prabin February 4, 2017 at 1:03 am

Thank you Sarah!! Hope it will be easy for everybody!!

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Jason Dzubow February 5, 2017 at 10:57 pm

If you have the Refugee Travel Document and you do not go to your home country, you should be fine. The current issues with the president’s EOs do not affect you (though keep an eye on the news before you travel in case there are any changes). Take care, Jason

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Prabin February 6, 2017 at 5:16 pm

Thank you Jason

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Louis February 3, 2017 at 5:53 pm

YESSSSSSSSSSSSSSSSSSSSS

USCIS Implementation of Jan. 27 Executive Order
USCIS continues to adjudicate applications and petitions filed for or on behalf of individuals in the United States regardless of their country of origin,

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Louis February 3, 2017 at 5:54 pm
Sarah February 3, 2017 at 6:02 pm

LOL I just came to give the same news! You beat me 😛

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Basil February 3, 2017 at 7:33 pm

Means they only blocked admissions to the US and revoked visas to enter ..

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Jason Dzubow February 3, 2017 at 6:08 pm

Thank you for this – One point of caution: They continue to adjudicate cases, but my understanding is that they will not issue a final decision unless the ban is lifted. Let’s hope that it will be lifted, or that it will be eliminated by a lawsuit. Take care, Jason

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Sarah February 3, 2017 at 7:11 pm

My lawyer emailed me this:
“The biggest development is that USCIS has released a memo to its employees confirming that Section 3(e) of the executive order does not affect USCIS adjudication of applications and petitions filed for or on behalf of individuals in the U.S. regardless of their country of nationality. It also does not affect applications and petitions for individuals outside the U.S. whose approval does not directly confer travel authorization. This means that USCIS has resumed adjudication of petitions (e.g., I-140, I-129) and applications (e.g., I-485, I-765, I-131, I-539) for people from the seven countries listed in the executive order.

USCIS is also hosting a teleconference on Thursday, February 9, 2017 and we will attend. We will update the Q&A with information received during the teleconference and let you know when it has been updated.”

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Jason Dzubow February 5, 2017 at 10:58 pm

We will see how things develop, as there are new changes every day depending on what Trump does and what happens with the numerous lawsuits filed by immigrants. I certainly hope that they continue to adjudicate cases for everyone. Take care, Jason

Louis February 3, 2017 at 7:55 pm

Thank you Jason,
I just called USCIS customer service, I told them, I am a citizen of one of the 7 affected countries. I read on USCIS website that USCIS will continue to adjudicate cases regardless of the country of origin. I want to make sure if adjudicate case means making a decision and issuing cards as normal. Or means just processing the case without making a final decision. I need to know if the decision of my case is on hold or not.

The USCIS customer service said: “Adjudicate” means we are resuming the work as normal and making final decisions as it was before. However, we don’t know either if there will be further orders. Things might change. Keep an eye on our website. But for the time being, we are processing cases as normal

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Sarah February 3, 2017 at 8:31 pm

Nice!!

Jason Dzubow February 5, 2017 at 11:01 pm

At least for now, that is good news. Thank you for sharing it, Jason

Izzac February 4, 2017 at 7:38 am

Thanx this is gooooood news

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Taha February 3, 2017 at 5:40 pm

Hello Jason,

Thank you again for all your effort.
I just meet a Chadian who got interviewed and accepted, only after six months from applying “In new jersey”, so I was wondering does your original nationality play a role in the time frame for the interview?

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Jason Dzubow February 5, 2017 at 10:55 pm

Nationality does not affect the time frame for interviews. You can see that if you check the link at right called Asylum Office Scheduling Bulletin. Maybe the person you met requested and received an expedited interview. Take care, Jason

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john McKenzie February 3, 2017 at 12:10 pm

Thank you for your good works and any insight you can provide into the following case.

I am a US Citizen and USAF veteran. My wife (of 6 months) is an arriving alien asylum applicant from Malaysia. She has been in detention for over 1 year and denied parole 3 times as “flight risk, due to a lack of ties to the community.”

We had planned to marry eventually but were married while she was in detention as the gov atty promised to terminate proceedings if we got married immediately.

After we were married 7/26/16, the gov atty insisted that we first get an I-130 approved. ICE asked USCIS to handle as a fraud investigation and expedite. The expedition request didn’t work, her atty followed up multiple times and USCIS didn’t do my interview until I asked my US Senator to assist, after months of delay.

We passed the fraud investigation / I-130 interview with flying colors and the I-130 was approved. (1/12/17)

The gov atty then refused to move to terminate and said she would recommend parole to the FOD. She did not submit that recommendation until inauguration day. !?! That request was also denied due to ICE directive on prosecutorial discretion.

The gov atty then said that the gov would not oppose if her atty moved to terminate.

Her atty is not confident that the gov atty will do as she said because of our experience and other recent cases where they went back on their word.

My question is primarily if you had any suggestions how her atty could support the motion to influence the judge to approve. The judge has repeatedly expressed sympathy for her lengthy detention but has been unable to give bond as she is an AA in ICE custody.

Once the case is terminated, if ICE still won’t parole her, our attorney plans to apply for parole in place under INA § 245(a). There is some question if that remedy remains available as that was further directed an EO from the prior administration.

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Jason Dzubow February 5, 2017 at 10:47 pm

It seems strange to me that she has been detained so long. She should have had a hearing on her asylum case by now, even if the I-130 was slow. Perhaps she could take voluntary departure and then consular process, assuming there are no bars to her returning here (you would have to ask the lawyer about that). Unfortunately, I cannot offer you much else, as I do not know the case, but it does seem to me very unusual for someone in this situation to be detained for such a long period. Good luck, Jason

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john McKenzie February 6, 2017 at 5:19 pm

Before we got married, the gov atty said they would release her if we got married.
After we got married, the gov atty said they would terminate the asylum case release her if the I-130 was approved.
When the I-130 was approved, they refuse to terminate and said they’d have to ask the FSD to release her and he denied.

A lot of the delay on the asylum case was continuances for all of the above to take place.

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Jason Dzubow February 7, 2017 at 7:28 am

It is very strange to me. It is not uncommon for government agents to lie, but for someone to be detained that long is very uncommon. Maybe you need to get a second opinion of the case from a different lawyer. Something about the story does not seem right to me. Take care, Jason

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Amit February 3, 2017 at 8:20 am

Hi jason
thanks for a wonderful, informative and helpful blog for asylee.

My question is that i am from india and and at present time in india also. i want to file asylum in may 2017 . is it right time to file asylum for an indian on religious prosecution.

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Jason Dzubow February 5, 2017 at 10:35 pm

You have to be in the US to file for asylum under US law. If you fear persecution based on religion, and you cannot relocate somewhere safe in India, and the government cannot or will not protect you, you may be able to win asylum in the US. Take care, Jason

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Luther February 3, 2017 at 5:24 am

Hello Jason. Do the Trump EOs affect new asylum applications? Can people still place applications for asylum who are in USA? Thank you!

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Jason Dzubow February 5, 2017 at 10:34 pm

You can still file for asylum. We are filing cases and they seem to be processed normally, so far. As long as you are not from one of the listed countries, there should be no affect, and even if you are from a listed country, it is not clear whether the EOs will make much difference. Take care, Jason

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hhh February 3, 2017 at 3:39 am

hi to every body i am from iran and my case is pending as asylum ,about 3 month later will 150 days you think from now my clock is pause for apply work permit or no?

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Jason Dzubow February 5, 2017 at 10:32 pm

It is unclear from the EOs whether you will be able to get a work permit or not. Hopefully, we will know more soon, but probably you will want to apply, in the hope that you will get it. You do not have much to lose by trying, as the first work permit is free. Take care, Jason

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sami February 3, 2017 at 12:57 am

Hi Jason,
I am citizen of one of the seven countries which currently facing travel ban according to the executive orders , I have filled for asylum at Chicago Office since November 2014 and my application still pending. I am planning to move to Canada illegally and apply for Asylum case in Canada. Do you think that “the Canada US Safe Third Country Agreement” will be applicable for my case or not?

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TIk February 3, 2017 at 2:19 am

Hi
Its a real trouble now a days for many people
Hows the way to go illegally there

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mohamed rabih February 3, 2017 at 1:52 pm

dont do that i do have my friend from syria he did that and the return him to USA and his case in Usa is dnay too and now he is waitting his cort
نصيحة لوحه الله لا تعملها

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sami February 4, 2017 at 2:27 am

Thanks for your advice , does they return him from Canada before last US presidency election or after that

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mohamed rabih aljoujah February 4, 2017 at 1:50 pm

Before that it was last year

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Rai February 12, 2017 at 9:09 pm

Sami are you alone or with family>?

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Sarah February 4, 2017 at 6:58 pm

Yeah, don’t do that. Read Canadian asylum laws before doing such things; I think I read that if you are going to Canada from the US they won’t accept your asylum, but not sure. Make sure you are not ruining your chances on both sides.

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Jason Dzubow February 5, 2017 at 10:27 pm

It does apply, but the question is whether you meet an exception to the rule. You should talk to a lawyer in Canada before you try to go there, as we have seen people try this, but they get deported to the US and detained by the US authorities. Check with a lawyer in Canada to see whether you meet an exception before you try this. Take care, Jason

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oska February 2, 2017 at 11:32 pm

hi jason

i have pending asylum about 2 years and i did my interview april 2015 in chicago , untill now i didnt get a decision. i sent many inquiries but i get same answer, you case is pending for decision. is it good idea if i sue the asylum office in the district court since it past the normal processing time.
thank you

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Jason Dzubow February 5, 2017 at 10:23 pm

You can make an inquiry to the USCIS Ombudsman’s office, a link is at right. Unfortunately, there is not much to be done to get a decision faster, as the delay is usually related to security checks. You can try to sue, but you would need to speak to a lawyer about that. Take care, Jason

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fary February 2, 2017 at 10:14 pm

Hi Jason
I m going to apply for renewal work permit for my sons next month but I dont know …. Can I apply ? I really worry about that …my sons have job right now and expire date is 4 next months… what happen? do they accept it??? You know I have to pay $380 for each….

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Sarah February 4, 2017 at 7:08 pm

You should apply if you want your sons to continue working without interruption. It seems this recent EO is not affecting applications inside the US, so yes they will accept it (unless you make mistakes in forms or other things unrelated to current events happens). Good luck!

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Jason Dzubow February 5, 2017 at 4:48 pm

You should be able to apply for them. You can apply up to 120 days before the old card expires. If the fee is too much, you can submit a request for a fee waiver, form I-912, available at http://www.uscis.gov, and this can avoid the fee. Each person must submit his or her own application for work permit. Take care, Jason

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fary February 6, 2017 at 12:06 pm

Thank you

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Mahmkod February 2, 2017 at 9:40 pm

I am Syrian and grants asylum last year. My current EAD expires in July. Do I need to renew it or asylum status is enough to continue my work. Also I am now eligible for greencard, do you recommend me toaplly now or wait? Big thanks

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Mahmkod February 2, 2017 at 9:41 pm

To apply*

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Sarah February 2, 2017 at 11:20 pm

You should renew it; without EAD you cannot work; however, I believe once you apply you can work for 180 days even if your card has not arrived yet. Hopefully Jason will correct me if I’m wrong 😛

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Konstantin February 3, 2017 at 2:21 am

You don’t need to file for EAD if granted Asylee status

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Sarah February 3, 2017 at 2:46 am

Oh I didn’t understand his first sentence “grants asylum last year” if your asylum was granted then no, if you only applied then yes you need EAD.

Mahmood February 4, 2017 at 6:00 am

Sorry was auto correction. I was granted asylum. But thanks Konstatin and Sarah. Today USCIS aanounces that internal applications are not involved in the orders and won’t be affected for decisions.

Jason Dzubow February 5, 2017 at 3:30 pm

You can apply for the GC, but you are not eligible to get it until (and if) the ban is lifted. The advantage of applying for the GC is that the filing fee includes the EAD fee. I do not know what the best choice is, as I do not know what will happen to the ban, but either you need to get a new EAD or apply for the GC and the EAD together. I suppose the advantage of applying for the GC is that eventually, you should be able to get it, even if the ban causes a long delay. Take care, Jason

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Bisher February 2, 2017 at 8:39 pm

Hi Jason, what about asylum applicant from one of the seven countries with “recommended approval” status?

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Jason Dzubow February 5, 2017 at 11:41 am

Probably you are blocked for now from getting a final decision (though I am not sure whether the recent court orders help you, as I have not read them yet), but hopefully this will be temporary and they will be permitted to issue decisions soon. Take care, Jason

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Sarah February 2, 2017 at 7:32 pm

Sorry for more comments about this, it has really been making me upset. Thinking about how her and ppl like her are such hypocrites. Coming from a crazy regime of course I am not unfamiliar with these crazy religious zealots. The entire her law firm and ppl working there are bunch of supposedly Christians that are helping Christian refugees (well not really! It’s debated how much ACLJ actually helped ppl and how much they just filled their own pocket), but if you claim to be a Christian why wouldn’t you learn to have some love and compassion like the guy (Jesus) you are following? As an atheist seeing ppl like Patti Lyman makes me hate religion even more, because it seems it not only is not helping to make them better ppl but makes them full of prejudice toward anyone else, such a self-absorbed person Patti is. Such a terrible person and a terrible Christian! Shame on you, Patti! Just shame on you!

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Allen February 2, 2017 at 9:00 pm

I understand your current situation Sarah. But let’s not make this valuable blog as a fighting place. I think discussion about some other person of things outside Asylum category should be over now. in no place on earth we can find such a good blog with a kind person like Jason. let’s cherish what we have and concentrate on providing valuable advice and information for people in confusion and difficulties.

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Sarah February 2, 2017 at 9:27 pm

You are right. I’ve been on the edge because of current events and seeing hateful ppl like her just made me way more upset that I usually get. After all I have grown up around hater like her all my life and have got some tick skin, but still….

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Sarah February 2, 2017 at 6:42 pm

Hi,
I am Syrian and on a pending Asylum. I was accused of Class A misdemeanor, marijuana possession. I had nothing to do with it. Anyway, I was not convicted. The city prosecutor dismissed the case with prejudice. I am wondering if that still could affect my stay in the US. I was advised by my attorney back then do Expungement despite the dismissal. Would you recommend me do that now, too?

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Jason Dzubow February 5, 2017 at 11:33 am

I doubt an expungement would make any difference on your case (in other areas of your life, maybe it would help). If you do not have a conviction, the charge should not affect your asylum case. Take care, Jason

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oska February 2, 2017 at 6:34 pm

hi jason

i have pending asylum about 2 years and i did my interview april 2015 in chicago , untill now i didnt get a decision. i sent many inquiries but i get same answer, you case is pending for decision. is it good idea if i sue the asylum office in the district court since it past the normal processing time.

thank you

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Jason Dzubow February 5, 2017 at 11:30 am

You could try a mandamus lawsuit, but talk to a lawyer about that first. You might also try contacting the USCIS Ombudsman – a link is at right. They can sometimes help with delayed cases, and it is a free service. Take care, Jason

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Ali February 2, 2017 at 6:22 pm

Alex,,
How about driving through a border patrol checkpoint? Can you be detained for being a citizen of one of those countries?

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Izzac February 2, 2017 at 4:23 pm

DHS PAGE 1
Q&A for Executive Order: Protecting the Nation from
Foreign Terrorist Entry into the United States February 2, 2017
1. When did enforcement of the Executive Order start?
The Executive Order became effective on January 27, 2017.
2. Does this affect travelers at all ports of entry?
Yes, this Executive Order applies to nearly all travelers, except U.S. citizens, traveling on passports from Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen who are applying for entry to the United States at any port of entry—air, land or sea.
3. How many people are currently detained at Ports of Entry as a result of the Executive Order?
CBP is not currently holding in its custody any individual solely based on the Executive Order. However, at any given time there may be a number of people going through inspection who fall within the scope of the Executive Order. All individuals who arrive in the United States are subject to inspection.
4. What do the two exemptions in the Executive Order mean? How are they applied to individual cases?
DHS and State can review individual cases and grant waivers on a case-by-case basis if that individual’s admission to the United States is deemed to be in the national interest and if they do not pose a national security threat.
5. What is the process for considering an individual for an exemption under the Executive Order?
Senior DHS personnel can review individual cases and grant exemptions on a case-by- case basis if that individual’s admission to the United States falls within the parameters of the Executive Order. CBP is processing exemptions consistent with the Secretary’s guidance.
6. Does “from one of the seven countries” mean citizen, national or born in?
Travelers are being treated according to the travel document they present.
7. How does the lawsuit/stay affect DHS operations in implementing this executive order?
The Department of Homeland Security will continue to enforce all of President Trump’s Executive Orders in a manner that ensures the safety and security of the American people. President Trump’s Executive Orders remain in place—prohibited travel will remain prohibited, and the U.S. government retains its right to revoke visas at any time if required for national security or public safety. President Trump’s Executive Order affects a minor portion of international travelers, and is a first step towards reestablishing control over America’s borders and national security.

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Alex February 2, 2017 at 11:18 am

Hello dear Jason thanks for your helpful blog we highly appreciate it ,
Dear Jason I’m citizen of Iran and i have applied for adjustment of status to Green card based on asylem last month and I have done fingerprint today , I wonder if you have any update for over situation , I heard they are going to keep us on hold , is that true ? Thanks for your kindly attention in advance and wish you a wonderful day

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Ali February 2, 2017 at 6:24 pm

yes, you will be on hold as he said above.. good luck at least you r not waiting for the interview any more.

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Alex February 2, 2017 at 10:12 pm

Thanks Ali

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Jason Dzubow February 3, 2017 at 5:58 pm

I heard they will process the case up until the point of decision, and then if the ban is still in affect, you will be on hold until it is lifted. Let’s hope it is lifted or stopped by a lawsuit. Take care, Jason

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Kevin February 2, 2017 at 10:53 am

Hi Jason ,does the 120 day suspension for refugee admission affect asylum seekers who are already awaiting interview and is not from any of the country of concern … how would this affect an asylum applicant from .. Jamaica

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Ali February 2, 2017 at 6:25 pm

no impact.. Jamaica really?

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Jason Dzubow February 3, 2017 at 5:56 pm

As far as I know, it does not affect asylum seekers, except for people from the listed countries. Take care, Jason

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nkh February 2, 2017 at 3:50 am

Hello jason

I’m Asylum (Christian) from Iran, is there exception for Christians from These 7 Countries? for example i want to request for EAD?

Regards

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Jason Dzubow February 2, 2017 at 4:13 pm

At this time, I do not see any exception for Christians from the listed countries. If you are from that country–regardless of religion–the ban applies. At least for now. Take care, Jason

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Izzac February 2, 2017 at 1:38 am

Hi jason
For the asylee who are they grant ,is DHS going to stop them process for I -730 & I-131 ??? They can apply for the freencard ??
Thanks for your concern

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Izzac February 2, 2017 at 1:39 am

Am one of the 7 countries which they ban them

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Sarah February 2, 2017 at 2:12 am

Sorry but all immigration benefits including i485 which is the step for green card application is also halted. They still “accept” your forms and will cash your check but won’t do anything else….

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Izzac February 2, 2017 at 6:50 pm

I called the DHS they said all process will go on for the 7 countries but they wont issue visa for the. Coming 90 day !!! What do you think ??

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Jason Dzubow February 2, 2017 at 4:04 pm

Maybe – But for how long that will last, we do not know. More than I wrote above, I do not know. If I have updates, I will try to post them. Take care, Jason

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Mouaz February 2, 2017 at 12:50 am

“… to keep hoping–and working–for something better.”

Hi Jason – does it mean to work as if things will become better or to think of a new home?

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Jason Dzubow February 2, 2017 at 4:04 pm

Good question. I am not ready to give up on our country (and by “our country”, I mean citizens, immigrants, refugees, etc). I think we need to keep working to make our country better, adn we are better than what President Trump has been doing for the last two weeks. Take care, Jason

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Mohammed February 1, 2017 at 11:59 pm

Hello
I have the emergency medicaid granted for asylum applicants and have used it to go to an emergency room… will that effect me negatively???

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Jason Dzubow February 2, 2017 at 12:08 am

I do not see why that would affect an asylum case. Take care, Jason

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Kobi February 1, 2017 at 7:32 pm

Hi Jason

Is that apply for naturalization application N400 if I am from one of those seven countries and my green card through asylum.

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Jason Dzubow February 2, 2017 at 3:42 pm

It seems that for now, USCIS will not make a decision in your case, though that is not confirmed (as far as I know) and is only from the article I quoted above. Take care, Jason

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Sarah February 1, 2017 at 4:42 pm

Can’t agree more, Ryan!

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Sarah February 1, 2017 at 2:02 pm

This is really sad; and what worries me is that it is possible that this gets permanent. In the EO they mention they wanna gather info from governments of these countries and then look at those; but for example Iran has no diplomatic relationship with the US and of course would not provide anything! I feel hopeless; we left those countries in the hope of having a place to call home and now we are treated like this.

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Rayan February 1, 2017 at 2:33 pm

Neither from the other 6 countries on the list,they are either suffer from a civil wars or a Dictatorship government.
Pretty sure Castro didn’t send a background check for each refugee who escaped his regime nor the Nazis did for the germans who escaped,that’s doesn’t make any sense.
If these Governments are too much supportive for their citizens and their future they won’t go after them.

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Jason Dzubow February 2, 2017 at 7:42 am

I think the US government will quickly realize that such information is unavailable. Then, they will have to decide whether to put people on hold forever because of it. For those outside the US, that is possible, but for people inside the US, their cases will eventually need to be adjudicated. Take care, Jason

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Jason Dzubow February 2, 2017 at 7:41 am

It is a problem, but we will need to see how this develops moving forward. I am hopeful that once these rules are implemented, they will not be as bad as they seem, but we will see. Take care, Jason

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