Return of the Travel Ban

by Jason Dzubow on June 27, 2017

Days after President Trump took office, he moved to implement one of his campaign promises: To bar Muslims, refugees, and others from coming to the United States. Courts were not amused, and blocked significant portions of the President’s executive orders (thanks largely to the brilliant work of lawyers at the ACLU and at several states attorneys offices). The President tried again, with a new, more limited executive order (“EO”). The new EO was also severely limited by the courts.

You’d think a bunch of people in burkas would be a bit more sympathetic to Muslims.

But now, the Supreme Court has spoken, and the EO is back, at least in part. So what’s the story? Here is a nice summary (with some comments by yours truly) of where we are now, courtesy of Aaron Reichlin-Melnick at the American Immigration Council (and if you want to do something to help resist the travel ban, consider donating to the AIC–they are a terrific organization that does yeoman’s work in all areas of the immigration field):

“[The] the Court ruled that the government can only enforce the travel ban against foreign nationals who do not have ‘a credible claim of a bona fide relationship with a person or entity in the United States.’

“What this means is that individuals from the six countries [Iran, Libya, Somalia, Sudan, Syria, and Yemen] will be permitted to enter the United States if they have a ‘close familial relationship’ with someone already here or if they have a ‘formal, documented’ relationship with an American entity formed ‘in the ordinary course’ of business. However, the Court said that such relationships cannot be established for the purpose of avoiding the travel ban. The government will likely begin applying the travel ban in the limited fashion permitted by the Supreme Court on June 29, 2017.

“Who is likely to be allowed to enter the United States?

  • Individuals who have valid immigrant or non-immigrant visas issued on or before June 26, 2017: These individuals are not included in the travel ban [However, it seems to me that the decision leaves open the possibility of a new EO where such people are banned, and so I am concerned about that as well].
  • Individuals with visas coming to live or visit with family members: The Court’s order is clear that individuals who ‘wish [] to enter the United States to live with or visit a family member’ have close familial relationships. The Court used both a spouse and a mother-in-law as examples of qualifying relationships, but it is unclear whether more distant relatives would qualify.
  • Students who have been admitted to a U.S. university, workers who have accepted offers of employment with U.S. companies, and lecturers invited to address an American audience: The Court provided these three examples of individuals who have credible claims of a bona fide relationship to an American entity.
  • Other types of business travelers: It is unclear whether individuals with employment-based visas that do not require a petitioning employer will be able to demonstrate the requisite relationship with a U.S. entity.
  • Refugees: Most refugees processed overseas have family or other connections to the United States including with refugee resettlement agencies [I read this a bit more pessimistically–I do not know whether a pre-existing relationship with a resettlement agency is enough to avoid the ban]. The Court ruled that such individuals may not be excluded even if the 50,000 [person] cap on refugees has been reached or exceeded.

“Who may have trouble entering the United States?

  • Individuals who form bona fide relationships with individuals or entities in the United States after June 26, 2017: The Court’s decision is not clear on whether it is prospective or retrospective only. Individuals who form such relationships to avoid the travel ban are barred from entering.
  • Tourists: Nationals of the designated countries who are not planning to visit family members in the United States and who are coming for other reasons (including sight-seeing) may be barred from entering [I also read this more pessimistically–it seems to me that anyone from a banned country who does not merit an exception as discussed in the decision will be denied a visa, including people coming to the U.S. for business, pleasure or medical treatment].”

As I read the decision and the EO, asylum seekers who are already in the United States, as well as people who have asylum or have a green card based on asylum, are not blocked from traveling and re-entering the country. They are also not blocked from receiving additional immigration benefits (like asylum, a green card, a work permit, travel documents or naturalization). However, the proof will be in the implementation–how the Department of Homeland Security (“DHS”) interprets and applies the Supreme Court decision in actual, real-life cases.

In that regard, I agree with Justice Thomas, who “fear[s] that the Court’s remedy will prove unworkable” and will invite a “flood of litigation.” Who is a qualifying relative for purposes of this decision? Must that person be a U.S. citizen? Or can the person be a resident or an asylee (as in a refugee/asylee following-to-join petition, form I-730)? Could the qualifying relative simply be someone here on a work visa or a visitor visa? What if the person is here illegally? And what is a business relationship, and how do we know whether it is bona fide or created solely for the purpose of subverting the EO?

In short, while the Supreme Court decision is reasonably clear for some aliens, it leaves large gray areas that will require interpretation, meaning more litigation. Such litigation is expensive and time consuming, and so the Court’s decision is likely to leave some people who might qualify to come here stranded, depending on how DHS implements the EO, and depending on whether they can get legal help. Overall, that’s not a great situation to be in.

Finally, yesterday’s decision perhaps telegraphs where the Justices will come down on the merits of the EO when they look at the case this fall (the Court’s decision relates only to whether to stop implementation of the EO pending a decision on the merits). Three Justices (Thomas, Alito, and Gorsuch) seem likely to allow a broader version of the ban to go forward. Given what we see in this decision, it may be that the other Justices are more skeptical of the ban and will limited it in some ways (and with luck, if the Trump Administration fears that the Court will limit the ban, it may just declare victory and allow the EO to expire, as originally intended).

All this remains to be seen, but for now, anyone from a banned country should pay attention to how the EO is implemented in the coming days, and perhaps avoid traveling outside the U.S. until we know more.

{ 141 comments… read them below or add one }

BR July 14, 2017 at 11:32 pm

Hi Jason,

I want to thank you for the support on your blogs everyday your doing a wonderful thing..!!

I have a pending asylum case and i want to travel from one state to another by flight.I have no criminal records and im still waiting for my EAD.Is this a safe thing to do ? and if yes which travelling document can i use i have my passport though my visa is expired,i have my ID and driving license also have SS card.Your advise will be highly appreciated.

Thank your for the support again.

Reply

Jason Dzubow July 16, 2017 at 7:01 am

You should be able to travel domestically using your driver’s license. There have been reports about ICE checking IDs on domestic flights, but I know of only one instance that is confirmed, and I think it is safe to travel. Besides your license, bring proof of the pending asylum case with you (receipt) in case you need it. Take care, Jason

Reply

Stephanie wilson July 12, 2017 at 5:04 am

My boyfriend’s brother lives in jordan but he is an iraqi citizen. He wants to come to california to visit his brother who applied for asylum which is pending but he has a work permit and is waiting for the interview. He is going to visit for only 2 weeks and go back to jordan where he lives. Is there any risk that they are going to detain him in the airport because his brother has applied for asylum? In case of detaining him, what can we do for him? Can we do something if he does get detained?

Reply

Jason Dzubow July 12, 2017 at 9:55 am

If he has a valid visa, they will probably let him in. If they think he will seek asylum here, they can tell him to leave the US. At that point, he can get on a plane leave, or he can seek asylum. If he decides to seek asylum, he will be detained. If that happens, you would probably want to hire a lawyer to help him. However, if he has a US visa, most likely, he will just be able to enter even though his brother has an asylum case. Take care, Jason

Reply

Stephanie wilson July 12, 2017 at 8:37 pm

He does have a valid visa, if they ask him what the status is of his brother which has a pending asylum, what should he say? Should he be honest and say his brother is an asylum seeker or say i dont know?

Reply

Jason Dzubow July 13, 2017 at 6:23 am

I think he has to be honest. If he lies, and they know he is lying, it will create real problems (and they may very well know that his brother has an asylum case). Take care, Jason

Reply

Kellen July 7, 2017 at 3:50 pm

Hi
Thank you jasson for your precious Time & advice.
I recived my EAD approval exactly at 92 days after z letter recived by uscis nabaraska office ( mine is pending assylum 1st EAD aplication 8,c ) . At this time it may takes long like me. Be patient. Good luck
Thank you!

Reply

Hope July 8, 2017 at 11:24 pm

Thank you Kellen for letting us know. I’m 88 days today and still waiting. From Nebraska too.

Reply

Wiso July 6, 2017 at 7:08 pm

Hi Jason, am not one of the 6 ban countries and planning to proceed in new asylum application, knowing that my child is a US citizen.

The question is, am I effected by the EO.

Appreciate your advice and earliest reply in this matter.

Best regards,

Reply

Jason Dzubow July 7, 2017 at 6:41 am

It sounds like the EO does not apply to you. Take care, Jason

Reply

Wiso July 7, 2017 at 6:46 am

Your response is highly appreciated…Thank you very much
Best regards,

Reply

MIRA July 12, 2017 at 3:56 am

hi jason..apprecitate your job that u do for innocent peopole.My question is that,I am from bangladesh(muslim country).Me and My husband do very good job in our country.I have a US citizen baby girl while i am in B1/B2 visa.after that we come back to our job.But,now recently i faced some racism problem and physically victimed by one of incident harmfully by some opposite political muslim party they are like muslim aggressive party,now i am fear of death in my cuntry along with my US citizen child.I am a progressive women and i always aware of my rights.thats why some group wants to kill me.In this situation could i pray for assylum in USA. As my child is US citizen,that’s why i prefer USA.I love my country also..but there is no security for my family after this incident.i have also B1/B2 visa validity untill october 2018.please advice at earliest.And, also advice is there any probem for my baby’s us citizenship for my assylum case.

Reply

Jason Dzubow July 12, 2017 at 6:44 am

The child’s US citizenship should not make much difference in your asylum case (unless you are being harmed because of that citizenship). If you were harmed because of your race or political opinion or religion, and if your government cannot protect you, that is a reason for asylum. So it sounds to me like you have a case. I cannot say how strong the case is, given that I do not know about your situation, but the problem you describe may qualify you for asylum. Take care, Jason

Reply

MIRA July 12, 2017 at 11:14 am

Actually me and my husband working for UK based company.In our country women are not welcome at all for working outside .I always raise my voice against this aggressive Muslim organisation, now they have a point that my child is US citizen and I do wrong against my religious emotions by giving birth my baby to a Non Muslim country like USA.And , now they threatened me to kidnapped my baby if I continue my social work as progressive women.I several times complain in my local police station but they never support me.This is my situation ..could you please advice me if I seek assylum for me and my husband life saving which is in danger in my home country .This is also related to my US citizen child life protection ,she is also in danger.Is this helpful or supporting for granted me and my husband assylum in USA.I have all related documents that’s proof my harassment in my country.
Will be very much thankful if you suggest me.

Sofia July 6, 2017 at 4:46 pm

Good afternoon Jason,

I applied for political asylum and the UPS office informed me that the package was receive on June 2nd. I know I should get a response within 30 days, but I have not yet received it. My I-94 will expire on July 30, but I cannot go back to my country (it is not a banned country but I am not safe there). I faxed an inquiry to the agency since they do not give information by phone and I am planning to go on their only walk-in day, next Wednesday. If I do not have a response still, What should I do? Thank you very much.

REPLY

Reply

Yousle July 6, 2017 at 7:39 pm

Hi sofia same thing happen to me you don’t have to worry when I filed my application after 2 months they sent me only notice for fingerprint just emil them and asoon as you got it good luck

Reply

Sofia July 6, 2017 at 10:46 pm

Thank you very much. It is a relief to hear that I am not the only one waiting more than expected. Good luck

Reply

Jason Dzubow July 7, 2017 at 6:31 am

If you did not get my previous reply, you can let me know. Take care, Jason

Reply

Sofia July 5, 2017 at 8:56 pm

Good afternoon Jason,

I applied for political asylum and the UPS office informed me that the package was receive on June 2nd. I know I should get a response within 30 days, but I have not yet received it. My I-94 will expire on July 30, but I cannot go back to my country (it is not a banned country but I am not safe there). I faxed an inquiry to the agency since they do not give information by phone and I am planning to go on their only walk-in day, next Wednesday. If I do not have a response still, What should I do? Thank you very much.

Reply

Jason Dzubow July 7, 2017 at 6:10 am

Probably the safest thing to do is to re-send the application with a note stating that you sent it previously, but that it disappeared. If you send the application to the wrong Service Center (there are several, depending on where in the US you live), it does sometimes vanish. You can find it again by filing a Freedom of Information Act request, form G-639, available at http://www.uscis.gov, which I recommend you do. However, that takes too long. If your local office cannot give you confirmation, maybe re-file and file the G-639 to see if you can get a copy of your original filing and receipt. Take care, Jason

Reply

Sofia July 7, 2017 at 12:47 pm

Thank you so much Jason for all your help. Have a wonderful day

Reply

Shawn July 5, 2017 at 3:39 pm

Hi Jason, hope you are well. Have you ever applied or renewal of EAD for any of your clients and when the 30 days have passed, and you call USCIS, they claim that they are not seeing where they received your application for renewal? Is this a common occurrence? Because I’m certain the application was sent to them.

Reply

Jason Dzubow July 6, 2017 at 6:43 am

We do not call after 30 days, as it usually takes several months to get the new EAD (though the receipt should arrive in less than 30 days). If you paid by check, maybe you can get a copy of the check from your bank, and it should show the USCIS receipt number on it. Otherwise, if you do not receive anything soon, the fastest thing to do may be to re-apply. You could also file a FOIA to get a copy of your file and see whether USICS received your application, but this is too slow for most people. Take care, Jason

Reply

Shawn July 6, 2017 at 10:25 am

Thank you for this information. So that means the person would have thrown away $410 for the renewal? The person did it by Money Order.

*The person hasn’t received any kind of feedback from USCIS even though the application was sent them over 30 days.

Reply

Shawn July 6, 2017 at 4:09 pm

The person also called the money order people and they told him that the money order hasn’t been cashed even though the application was supposed to be sent by his attorney over 30 days ago. I don’t think USCIS would accept the application, with money order, and not cash the money order.

Reply

Jason Dzubow July 7, 2017 at 6:30 am

I agree – Maybe he can cancel the money order and re-file the whole thing again (hopefully using a personal check, which is safer). Take care, Jason

Jason Dzubow July 7, 2017 at 6:17 am

Maybe the company that issued the MO can cancel it and refund the money? Probably it is worth a try. Take care, Jason

Reply

Jimi July 5, 2017 at 12:45 pm

Dear Jason,

I have given asylum interview waiting for decision for 40 days. I am planing to move in different apartment in same city. I want to change address in USCIS so I can get letters from them on time. I would like to know is there any consequences to do that? Thanks

Reply

Jason Dzubow July 6, 2017 at 6:35 am

It should be fine. Make sure you file your change of address form with the asylum office. The form is AR-11 available at http://www.uscis.gov. You might also want to confirm with them that the address was changed, just to be safe. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

Reply

aman July 5, 2017 at 11:27 am

hi jason
i applied for asylum from apex north carolina one month ago. i received my receipt 2 days ago. can i apply for SSN and Ebt now. please guide me when i can apply for SSn and EBT.

Reply

Sasha July 5, 2017 at 2:56 pm

You can apply for SSN when you get work authorization (about 6 months). You can apply for EBT or any other kind of benefits when your asylum will be approved (about 2-3 years).

Reply

Sofia July 5, 2017 at 8:50 pm

Hi Aman, how long did it take since you send your application to get the receipt?

Reply

Aryaan July 5, 2017 at 11:13 pm

It had taken 16 days for me. By this time you should have reveived the receipt. Hope you get it in next few days considering the ongoing week included with few off days and is bit slow.
Regards

Reply

Jason Dzubow July 6, 2017 at 6:31 am

I think you need the work permit (also called an employment authorization document or EAD) before you can get the SSN, but you can ask whether the SS office can issue you a number. I do not know what you mean by EBT. If you mean EAD, you have to wait 150 days after your case was received (the date is on the receipt) before you apply for the EAD. Take care, Jason

Reply

mia July 5, 2017 at 11:08 am

hi jason
greatly appreciate your work, i have a simple question,
Do you take cases from New York City that are about to start their court proceedings?

Thanks in advance

Reply

Jason Dzubow July 6, 2017 at 6:34 am

I could, but it will be more expensive for me to do a case in NY since I am in DC. You may want to look for a local attorney first before you hire someone like me who is far away. But certainly, I can do it if you want. Take care, Jason

Reply

bibek July 5, 2017 at 4:29 am

Hello Jason,

Thank you for providing clarification on the new EO.
But I am still confused about my case. Can you please help?

My asylum was approved last year and I filed i730 for my spouse, which has already been approved but the NVC processing and interview process hasn’t been completed or scheduled yet and I do not fall under the ban countries.
Will the new EO keep my spouse’s processing on hold?
Does the new EO suspends the whole refugee/asylee program for next 4 months? I am very confused. Any explanation would help.

Thank You

Reply

Jason Dzubow July 5, 2017 at 6:06 am

If you are not from a banned country, the EO should have no effect on your case. The I-730 should be forwarded to the embassy so your family members can come to the US. This can sometimes take several months. Take care, Jason

Reply

oska July 5, 2017 at 12:23 am

Hi jason
thanks for the help, i am from one of the majority muslim countries that is banned i have applied asylum march 2015 and then i was interviewed on May 2015, basically one and half months after i filed my asylum, since then my asylum case was pending for decision. i did several inquiries but in vain everytime they replied that my case is pending for a decision. now it is morethan two year since i have been waiting. any suggestion or way please to to try which may make ucis to decide my case.
thanks

Reply

Jason Dzubow July 5, 2017 at 5:58 am

Try an inquiry with the USCIS Ombudsman – a link is at right. If that does not help, talk to a lawyer about a mandamus lawsuit. In some cases, that seems to be the only way to get a decision. Good luck, Jason

Reply

Fr July 4, 2017 at 8:32 pm

Hi Dear Jason I have question, I did an interview 3months ago and I did finger print in Boston office on that day of interview, after 3 days I got letter called 1797c code 3 for doing finger print again, the officer told us after 3 months he send his decision but right now we got this letter do you know is it a good sign or bad sign ? Thank you for your andwer in advance

Reply

Jason Dzubow July 4, 2017 at 10:38 pm

I am not sure I understand the question, but if you got a fingerprint letter after the interview, I think it is not a good or bad sign; it just means that your fingerprints needed to be refreshed. Hopefully, you will get a good decision soon. Take care, Jason

Reply

Fr July 5, 2017 at 7:14 am

Sorry Jason it is my bad writing, 3 months ago We did interview and fingerprints all together for second time amd the officer told us he send us his decision after 3 months , and right now 3 months passed and I got letter for 3rd Finger prints rather than his decision, I want to know it is good sign or bad ?

Reply

Fr July 5, 2017 at 7:19 am

I apied 2013 and did a first finger print on that day and after 4 years in the day of interview I did a finger print again and after 3 months they sent me the other letter for abother finger prints (the officer told us you should get your decision around end of June) but right know we got this finger print letter , This is good or not? Thanks for your answer

Reply

Jason Dzubow July 6, 2017 at 6:29 am

It sounds standard to me. You were fingerprinted when you first applied and those have expired, so you need to do it again (for some reason, the fingerprinting at the interview does not seem to do what is needed for the background check). I think you cannot read into this one way or the other. Since they told you to expect a decision in June, contact the asylum office to ask whether there is any news in the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

Ahsan H July 4, 2017 at 1:31 am

Hi Jason,

I will be applying for asylum next month, I have couple of questions:

1) Can I apply from Houston TX, due to it low cost of living, and after getting EAD move Arlington service area due to its higher approval rate. Is it allow? and will it impact on the case?

2) My family have B1/B2 visa, can I ask them to join me after I settle down here, or one after filing my case? Will their visas cancelled once I filed asylum case here.

I am not from banned countries.

Thank you so much.

Reply

Jason Dzubow July 4, 2017 at 10:26 pm

1 – You can apply in TX and then move to the VA area. I would not do that just because of approval rate, but that is up to you (I did a blog post on this point on February 25, 2016 if you are interested). 2 – From an immigration point of view, it is safer to have them come here before you seek asylum. If they try to come here later, their visas could be canceled or they could be detained once they arrive (because the Customs Officer may think they plan to violate their B visa and remain permanently in the US). Also, if they come here on their B visas, they potentially could be charged with fraud, since they would be intending to come here permanently and join you and your asylum case by using a temporary visa. Take care, Jason

Reply

Ahsan H July 5, 2017 at 5:00 am

Thanks Jason for the response, I have already gone through the your suggested post, still in dilemma, probably opt for Arlington office with family. What do you think VA office better then TX?? Further, Do you provide your services if I reside in somewhere in NC?

Thank you so much once again.

Reply

Jason Dzubow July 5, 2017 at 6:09 am

We can do cases for people in NC or anywhere else (NC interviews in VA, so we can easily attend the interview). Personally, I think you should live wherever you want to live and file your case. I would not worry too much about grant rates for individual offices, as they are constantly changing and it depends a lot on the specifics of your case. I suppose if all else is equal, the VA office is probably more likely to grant than the TX office, but if you have a job or family in TX and want to live there, that may be the better choice for you. Take care, Jason

Reply

Sara July 8, 2017 at 9:07 pm

Hi Jason,

Hope you had a great 4th of July. 🙂

I have a question about family visiting on B1/B2. I am an asylum applicant still waiting on my interview, and wondering if my family risk getting detained if they visit me at this point (or after I get interviewed). If that’s the case, I will tell them not to even consider it. Do not want my folks or my sister getting detained because of me — they’ve been through enough heartache with me being away with their grandchild.

Reply

Jason Dzubow July 9, 2017 at 11:04 am

It is unlikely they would be detained. If they got here and were rejected at the airport (which is also probably unlikely, unless we are talking about your spouse or minor child), then they could just leave. If they did not want to leave at that point, they could claim asylum, and then they would be detained. In other words, I do not think the chance of them being detained is very high at all, though there is some small chance they might be rejected at the airport. Take care, Jason

Reply

Sara July 9, 2017 at 11:06 am

Got it. Thank you for the clarification, Jason.

Best,
Sara

Stephanie July 3, 2017 at 3:45 pm

Hi Jason,

Is there a backlog on EAD renewals in Arlington. I applied for renewal of EAD 23 March and received the notice Letter.My EAD has expired and its now over 3 months without getting EAD. I am so worried. Is there a number I can call to inquire on my EAD.

Thanks for response.

Reply

NYC July 3, 2017 at 4:09 pm

for me my renewal was on Feb then I got it around 90 days good luck

Reply

Rich July 3, 2017 at 11:56 pm

It took me 5 months for renewal in arlington. If you have your receipt number relax and wait… between mine and my wifes ead was 1 month…

Reply

Jason Dzubow July 4, 2017 at 10:13 pm

Things do seem a bit slower lately – EADs are taking closer to 4 months in most cases (and sometimes longer). Your receipt should extend your old EAD for 180 days, so that should help. You can call USCIS to inquire – you can find their phone number on their website, http://www.uscis.gov. Take care, Jason

Reply

Stephanie July 4, 2017 at 11:44 pm

Thanks a lot..

Reply

alex July 3, 2017 at 1:06 pm

Hi Jason,
When a person from the banned country has a bona fide relationship with a person in the US, say a son or daughter, their only way in to visit them is a Tourist Visa. However, a tourist visa is now banned and there is no other type of visa to visit a close family member. thoughts ?

Reply

Jason Dzubow July 4, 2017 at 10:07 pm

I am not sure that a tourist visa is banned, but it is certainly difficult to get. You can inquire with the US embassy in your country about whether you are blocked from applying (and remember, the ban is only for 90 days). Also, they can try for other types of visas – work visa, student visa, immigrant visa, etc. Maybe they would have better luck with one of those. Take care, Jason

Reply

Rkumar July 3, 2017 at 12:36 pm

Hello Jason and Team,
I applied for my EAD renewal last month I am in Texas it’s more than 30 days still I haven’t receive receipt for my application but in main time they send me notice for 2nd fingerprint and I completed fingerprint 2 days back. It’s never took that long to get receipt for renewal application in my previous renewal EAD’s, Also I was married before and now I am divorce but i589 application was filled by me, can you tell me what can be the reason taking too long to get receipt for i765.

Thank you.

Reply

Jason Dzubow July 4, 2017 at 10:03 pm

I think things are just a bit slower now. Hopefully, you will get the receipt soon. Also, if you paid by check, you can get a copy of your check form the bank. On the back will be your receipt number, which you can check on-line. I suppose if you do not get the receipt soon, you can call USCIS and inquire – their phone number is on their website, http://www.uscis.gov. Take care, Jason

Reply

Roopma khaki July 3, 2017 at 2:46 am

Hello Jason ,
So I have a very frequently asked question, I live in Texas and I applied my asylum in 2015 and still waiting for my interview. I have my ead and ss, I applied for a college here and they rejected me because they told me that I have to wait for my decision first, but I have a friend with same situation and got admission in the college. I re applied and asked them again but they said they don’t have anything to help me with. I really am worried about my future because I left studies halfway , and I really need to get in the college. So how do I apply in a college ? If anyone else could help me please do reply thanks

Reply

Jason Dzubow July 4, 2017 at 10:00 pm

There is no law (at least no federal law) related to attending college with an EAD. Most of my clients who want to do that, can do it, and so I think you just need to talk to other colleges that are more accommodating to people with asylum pending status. I think if you look around, you will find places where you can attend. I do think you will have to pay out-of-state tuition, but you should be allowed to attend (and you should check whether they have any scholarship money for you). Take care, Jason

Reply

J.D. July 1, 2017 at 2:06 pm

Hey any word on how Kate’s Law will affect asylees?

“The bill also could penalize people who come to the U.S. seeking asylum, immigration expert Carl Takei of the American Civil Liberties Union explained. Under current law, if an asylum-seeker turns herself into Border Patrol agents, is detained, has her asylum claim denied, and gets removed from the country, that removal won’t affect her if she later returns to the U.S. and ends up in court.

“But under Kate’s Law, having your asylum claim turned down would count as a deportation and could make you subject to a stiffer sentence if you try to enter the U.S. illegally.”

I thought that was already the law? So what’s changed?

http://www.thedailybeast.com/gop-cuts-trumps-favorite-part-of-kates-law

Thanks.

Reply

Jason Dzubow July 3, 2017 at 11:31 pm

If that is the effect of the law, there is not much change. Only people who apply for asylum and are denied (meaning they are still in-status (as an F-1 student or an H1b worker, for example) at the time the asylum case is denied) would be affected. Most people who are denied asylum at the asylum office are then sent to court. If they are denied there, they get a deportation order (or voluntary departure). Only those people who are denied, but do not go to court would be affected. I do not know how many such people there are, but probably not too many. I suppose it is another example of the government trying to crack down on non-citizens. Take care, Jason

Reply

Charles July 1, 2017 at 12:15 am

Hi my guide me plz that how i can get earlier my individual hearing date urgently on my first Master hearing date in immigration court? My lawer can do some thing on my master hearing date to get early individual hearing date? Is there any law or way?

Reply

BSean July 1, 2017 at 3:43 am

Hey Charles today I got letter for master hearing on Oct 5th 2017, wasn’t expecting it as my interview went well on May 11th 2017

Reply

Charles July 1, 2017 at 10:35 am
Bsean July 1, 2017 at 11:04 am

i have sent you an email charles

Reply

Jason Dzubow July 3, 2017 at 11:23 pm

It is very difficult. But I wrote a posting about that on April 20, 2017 – maybe that will help. Take care, Jason

Reply

rashida June 30, 2017 at 11:31 pm

my kids already have tickets to travel on the 18th of July but are asylee beneficiaries. Will they be allowed to enter? They received the visas and travel packets earlier?

Reply

Jason Dzubow July 3, 2017 at 11:21 pm

They should be able to travel, as even people from banned countries are allowed to travel here if they have close family members in the US, so hopefully they will be fine. You could email the local embassy that issued the I-730 visas to double check – they should be able to tell you for sure. Take care, Jason

Reply

M June 30, 2017 at 10:33 pm

Has anyone renewed their EAD recently? How much time did it take to get a new card? Please comment what processing center your application went to.

Thank you!
M

Reply

Cris July 1, 2017 at 12:37 am

It took 4 months before my EAD got approved. I applied in January of this year and I got the approval this May. Los Angeles.

Reply

M July 1, 2017 at 7:11 am

Chris,

It was a first card or you renewed it?

Reply

Jason Dzubow July 3, 2017 at 11:14 pm

We file in different office and generally, such cases take 2 to 4 months, though these days, it is probably closer to 4 months than to 2 months. Take care, Jason

Reply

Sean June 30, 2017 at 6:10 pm

Hey Jason thank yew very much for all the help,,,,
I was waiting for my approval letter instead I just got a letter for master hearing in court that is being schedule on October 2017, as I’ve requested for expedition of my case and got interview on May 5th 2017,,,, what does that mean? Can I request court for early appreaing to the court? What are the chances for approval?

Reply

Jason Dzubow July 3, 2017 at 11:10 pm

It means the asylum office denied your case and sent it to an immigration judge. I wrote a posting on April 20, 2017 about expediting a case in court. Maybe that would be helpful. Take care, Jason

Reply

Sean July 4, 2017 at 2:27 am

That k yew Jason,
The company I worked for as a RN is willing to sponsor me for GC through employment, can I adjust my status if my sponsorship approved, with pending court dates and all, if yes then how long would it take to get adjusted,

Reply

Jason Dzubow July 4, 2017 at 10:27 pm

There are too many variables for me to answer that question. Before you start the process, you should talk to a lawyer to review the specifics of your case and determine whether it is possible. For most people in court, it is very difficult to adjust status based on a job, and it is usually not worth the trouble of doing that, but it may be possible. Take care, Jason

Reply

Aly June 30, 2017 at 1:45 pm

Hi Jason,
is any one can apply for asylum now if he is not from the 6 mentioned countries

Reply

Aly June 30, 2017 at 1:57 pm

and he is already in the USA, since one month

Reply

Jason Dzubow July 3, 2017 at 11:06 pm

Yes – Anyone from any country can apply for asylum, as long as he is physically present in the United States. Take care, Jason

Reply

Ryan June 30, 2017 at 11:21 am

Hi jason,
I received my GC through asylum earlier this year,my mom’s nationality is one of the banned countries,is it possible to help her getting a visitor visa?
thanks

Reply

KC July 3, 2017 at 8:56 pm

Hey Ryan ! I got my asylum approved and ready to apply for the green card ! I have few question to ask you ?
1.How long did it take you to get your approval after submitting green card application form ?
2.Did you have an interview for green card ?
3.How many years your green card is valid for is it 10 years ?

Thank you so much !!

Reply

Ryan July 3, 2017 at 11:14 pm

Hey:
1.Submitted the I-485 on mid September 16 received the GC on late November.
2.Only one interview i did which was for the asylum,no interview for the card.
3.yes it’s 10 years but the status is permanent.

Reply

Jason Dzubow July 4, 2017 at 10:15 pm

I can’t answer for Ryan, but everyone who gets a GC based on asylum gets a 10-year card. Take care, Jason

Reply

Ali July 14, 2017 at 3:21 pm

Hello Ryan and KC,
1) How long did you guys wait for the first asylum interview after getting EAD?
2) how long did you get the approval notice letter for the interview?

Reply

Jason Dzubow July 3, 2017 at 11:03 pm

My guess is that this will be very difficult. However, there is not much harm in trying, and as I read the new rules, she is not “banned” because she has a close relative here – you. Good luck, Jason

Reply

Bhatti June 29, 2017 at 6:47 pm

Jason – i am not from one of the ban country national but my family is waiting for their visa decision, I applied for them 1-730 and it’s approved, u think it could delay my case? Or will it effect my family case?

Reply

Jason Dzubow July 3, 2017 at 10:43 pm

I think it should not affect your family. Hopefully, they will be able to come here soon. Take care, Jason

Reply

Yene June 29, 2017 at 5:25 pm

how you doing dear sir
I really appreciate for your unlimited help for those who lost their way and confused with asylum case and condition
I was apply an asylum on November 2015 and getting my work permit , working and waiting for interview in Arlington office
since I am an affirmative asylum
now on June 13, 2017 my EAD will getting expire and I was applied 2 month back to get the new EAD paying the fee
and waiting for the new EAD receipt notice and giving to my company to extend 180 days till the card come
but what I received the receipt notice with category C18
and I do not know what C18 category before it was C08
and when I call to the immigration office to know C18 category mean the have telling to it is the deportation category , and I tell them that I am an affirmative asylum with petition case and under C08 , but the officer telling to that I do not know , and asked to check my asylum case
what is wrong with that is there any wrong information to be come C18 and which telling me I will let you know after 15 days
in the mean time I was training to contact my lawyer how be come in such a way but he is not pick up the phone
dear sir what do you think to be happed that and what is the solution to correct my case category
I am working professional job and paying my tax
would you please advise me what to do
I am getting confused
thanks for your time

on first EAD

Reply

Jason Dzubow July 3, 2017 at 10:42 pm

I think USCIS made a mistake (or maybe you listed the wrong category on the I-765). C-18 is for people with a deportation order. I recommend you make an Info Pass appointment at http://www.uscis.gov and go to your local USCIS office and ask them about your EAD. Bring your asylum receipts and copies of any documents related to the EAD application. Hopefully, they can correct this or advice you how to correct it. Good luck, Jason

Reply

Kellen June 29, 2017 at 4:19 pm

Hi jason
I am on pending assylum process out of the 6 countries & was requested My 1st EAD at april 2 & get the recived confermation on time but now it is the 90th day with out getting approval. Is the new travel ban affected me? How do i contact the office?
Thank you jason.

Reply

Hope June 29, 2017 at 9:33 pm

Hey Kellen I also apply for my first EAD. Received date was April 11 and no update on my case until now. My service center is Nebraska. Hopefully we will get some good news soon.

Reply

kar July 1, 2017 at 2:43 pm

me too.. same april amd Nebraska as well. hopefully, they will update soon. waiting for ead amd not doing anything at all sucks. 😑

Reply

Hope July 1, 2017 at 10:35 pm

Hi Kar! Let us know in case you get any update. I will do the same. Good luck to us🤞

Reply

ARIFIN July 3, 2017 at 1:43 pm

Hi Kellen,
Hope you all well. It’s really stressful we know. Please keep us posted when you get your EAD. Wish your good luck. Thanks!

Reply

Jason Dzubow July 3, 2017 at 10:39 pm

As far as I know, the ban does not affect asylum seekers filing for EADs, but if I learn something different, I will post it. We see EADs take up to 4 months, so you may get yours soon, hopefully. Also, you can call USCIS (their number is on the http://www.uscis.govhttp://www.uscis.gov website) and ask about the status of your EAD case. Take care, Jason

Reply

faith June 29, 2017 at 8:27 am

Hi Jason,hope you are fine.please Jason help me iam confuse.around how many days should we launch paper to renew the AED (work permit).I see 90days, and I see 180.i do worry because mine expires in October 3rd .please. Help! Thanks

Reply

Jason Dzubow July 3, 2017 at 10:24 pm

I always told people 120 days and that is still our practice, but I believe you can now file 180 days before the old card expires. Check the instruction to form I-765 at http://www.uscis.gov to be sure, but in your case, you can file now, since the card will expire in 90 days. Take care, Jason

Reply

HA June 29, 2017 at 2:18 am

Hi
I am a citizen of one if the six countries, I submitted I-485 based on asylum last April, we did the finger prints in May, do you think the EO will has any effect on my I-485?
Thanks

Reply

Rayan June 29, 2017 at 7:59 pm

The EO doesn’t effect people who already granted asylum

Reply

HA June 30, 2017 at 3:37 am

Thanks
I mean the delay

Reply

Jason Dzubow July 3, 2017 at 10:23 pm

I think that it does not affect such a case, but I have been away for a few days and have not read all the updates about how the new Court ruling will be implemented. Once I have a chance to read that, I will try to post something. You might also check http://www.americanimmigrationcouncil.org, as they post a lot of helpful guidance about the travel bans. Take care, Jason

Reply

Jimi June 29, 2017 at 12:52 am

Dear Jason,

I am waiting for my asylum interview decision since one month, I would like to know what would be best period to contact to contact USCIS for my pending decision? and what will be the best way to contact USCIS through email or by letter? Thanks

Reply

Rae June 29, 2017 at 11:41 am

Hey Jimi,

I’ve been waiting for my asylum interview decision too (it’s been 50 days). Contacting USCIS depends on where you’re located, I called my Boston office once and they told me they can’t give me information over the phone, but that I could either write them a letter, or go during walk-in hours. I went in person and they just told me that my case is still “under supervision,” and that decisions typically take 2-3 months.

You will most likely get the same response whether by writing or visiting in person. Good luck!

Reply

Sean June 30, 2017 at 11:14 pm

Waiting for my decision for like couple of months, today got a letter from court with schedule date of October 5 2017, didn’t know why I’ve not been approved, as I answered all of IO questions and my lawyer was pretty confident that it went well,,,,,, but,,,,,,? Hope you guys would be granted

Reply

Jason Dzubow July 3, 2017 at 10:15 pm

I think you can contact them now (well, maybe wait until next week as things are slow this week with the holiday). I think it is best to contact them by email. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

Reply

Safina June 29, 2017 at 12:24 am

Hi Jason thank you so much for all work that you’ve done to help us asylum seekers.
I have a pending asylum case since 2015 , I gave a birth to the baby month ago and now my parents wants to come and visit his grandson. Question

Is there any chance that they will get b type visa?
Should they mention that I live in USA in Ds 160?
And does usa consulate has information about my status here ?

Reply

Jason Dzubow July 3, 2017 at 10:13 pm

They should assume that the US embassy knows you are here and knows you have filed for asylum. This may make it more difficult for them to get a visa. However, if they lie and say that they have no daughter here, they risk being caught in that lie and denied a visa for sure. Anyway, they can try and hopefully, they will get a visa. Take care, Jason

Reply

yousle June 28, 2017 at 7:16 pm

hey jason thanks for your help iam from the one of the ban country my question if some one did his interview and he doe

Reply

yousle June 28, 2017 at 7:22 pm

sory i complete my question if some one did interview and while background check can he have advance parole to travel and retuen safely ? thanks again

Reply

Jason Dzubow June 30, 2017 at 10:15 am

He can (unless he is from a “banned” country – then you would have to check). But if the case is granted or denied while you are waiting to get AP, the AP application may become invalid. Also, if the case is denied while you are outside the US, this could be an issue too. Given all this, you might want to talk to a lawyer before you apply for AP. Take care, Jason

Reply

Fares June 28, 2017 at 6:46 pm

Hi i am from syria and i have a green card based on asylum. I want to travel to Lebanon is there any risk under supreme court decision. Thank you so much

Reply

Jason Dzubow June 30, 2017 at 10:13 am

I think not, but I have not had a chance to review the new regulations from the State Department. You need to look at them before you travel, or talk to a lawyer. Take care, Jason

Reply

Hossam June 28, 2017 at 2:13 pm

Hi mr Jason , I am in recommend approval status ,does this ban affect my case, thank you

Reply

Jason Dzubow June 29, 2017 at 9:27 am

Only if you are from a “banned” country and even then, it would only affect if the rules are implemented in a way that effects you, which at this point, seems unlikely. Take care, Jason

Reply

Mark June 28, 2017 at 12:40 pm

Dear Mr. Jason
I’d like to ask you & plz I need a clear answer…In case of a pending asylum applicant who pay fees to attorney in advance & he wanna to cancel his asylum application now…any refunding from the attorney is possible?
Thank you so much.

Reply

Jason Dzubow June 29, 2017 at 9:22 am

You may be entitled to a refund – Even if it is not in the contract, attorneys are required to bill you hourly and to justify their fee. So if you paid $3000 and the lawyer only worked on the case for one hour, he has to give you a refund for the unused time (so let’s say he bills at $300 per hour, you should get a refund of $2700). If he refused to give a refund, you can make a bar complaint against him (Google the name of the state where he is barred + “bar association”) or sue him. Take care, Jason

Reply

Lukiaas June 28, 2017 at 11:38 am

Dear Jason

Thank you for your time to share some insight about these issues. I recently read an article in the Washington Post stating new regulations from current government will make more difficult for getting an asylum status. Beyond the EO are there any others new regalutions compalcating more the asylum process?

Reply

Shawn June 28, 2017 at 12:50 pm

Jasson, please see below the link that Lukiaas is referring to?

https://www.washingtonpost.com/news/monkey-cage/wp/2017/06/27/will-trumps-new-rules-make-it-harder-to-get-asylum-in-the-u-s-that-will-vary-dramatically-from-one-judge-to-the-next/?utm_term=.b6691d6fb658

It begs the question of whether ICE can detain asylum applicants, without hearing, since the initial judges denied the Iraqis a hearing? And, it goes back to my original conclusion that asylum applicants are being targeted by ICE/the US government.

Reply

Jason Dzubow June 29, 2017 at 9:25 am

Thank you, I looked at the article and responded to Lukiaas – in short, the author is confusing different concepts and his conclusions are not correct. ICE can detain people who are out of status, and so they could detain asylum seekers, and they often do, but usually at the border or the airport. I still have seen no widespread evidence that ICE is detaining people who are physically present in the US and who file an affirmative asylum case (except maybe for people with criminal convictions). Take care, Jason

Reply

Jason Dzubow June 29, 2017 at 9:15 am

I looked at the article, and while I think it is well intentioned, the author is confusing the credible fear process (where ICE is supposed to refer people who express of fear of return to talk to an asylum officer for an initial evaluation of their case) with the affirmative asylum process (where an asylum officer decides whether a person should get asylum). In fact, there are currently no changes to the asylum process itself, and the author is just wrong on this point. Take care, Jason

Reply

Shawn June 29, 2017 at 11:17 am

Jason, so essentially you are saying that the people from Iraq were detained at the border? Where were these people when they were detained? Did they have asylum applications pending? Were they already in the country? Were they documented or undocumented? There is so much information out there just whirling about.

Reply

Jason Dzubow July 3, 2017 at 10:31 pm

If people come to the border (airport/border crossing/port), and ask for asylum, they will most likely be detained at that time. That is pretty standard, and has been for a while, even before Trump. Although I have heard some anecdotal info about asylum seekers who are in the US with asylum cases pending being detained, I have seen no verified case of that except for people who also have a criminal record or an immigration violation (such as a prior removal order; but not a visa overstay). So based on what I have seen and heard, I think people with asylum cases pending are not currently in danger of being detained by ICE, unless they violate the law. But if situation changes, and I hear about it, I certainly will post something about it. Take care, Jason

Reply

Shawn July 5, 2017 at 12:19 pm

Thank you for the clarification!

Compo June 27, 2017 at 6:41 pm

Hi jason.Every state immigration courts have different time for a case decision.Plz guide that how are the judges in New York? How much time they take to decide an Asylum removal proceesing case?

Reply

Jason Dzubow June 28, 2017 at 6:31 am

It is not predictable and I do not know whether there is a source that tells you the wait time for individual judges (if it exists, it would be on the TRAC website, which you can find by Googling “TRAC immigration”). Even if you could find that, it would not help much, as cases shift around. Once you go to your first hearing, you should find the date of your final hearing, which will hopefully not be changed (but sometimes, it does get changed). Take care, Jason

Reply

Ali Tehrani June 27, 2017 at 4:22 pm

Thank you for your well-written quick summary explaining new developments on travel ban.

Reply

Jason Dzubow June 27, 2017 at 4:27 pm

You owe me a coffee. Well, now I guess I owe you a coffee, since you said something nice. I will be away for a week, but let’s touch base after that. Thanks, Jason

Reply

reza June 27, 2017 at 2:19 pm

Hi Jason,I am from one of 6 ban countries and pending asylum from October 2016, now waiting for approval EAD do you think it will affect to my EAD and asylum Progressing (interviewe time?)???
Thank you so much.

Reply

Jason Dzubow June 28, 2017 at 6:24 am

It should not affect the interview time. It is a bit unclear whether it will affect the time to get a decision. Under the first EO, USCIS could adjudicate cases up until the point of decision, and they planned to put the case on hold until the period covered by the EO ended (but that EO was blocked). I think the second EO does not affect the decision time, but I am not sure about that, and also we do not know how the government will implement the travel ban now that they have some room to maneuver thanks to this decision. My impression is that people with pending cases should not be affected, and hopefully this will be correct. Take care, Jason

Reply

Solo June 27, 2017 at 11:19 am

I thinks this part of the EO protects the pending asylum seekers special sup section vi it clearly states that asylum seekers are wont be affected but am sure about it what’s your thoughts on this Jason

(b) Exceptions. The suspension of entry pursuant to section 2 of this order shall not apply to:

(i) any lawful permanent resident of the United States;

(ii) any foreign national who is admitted to or paroled into the United States on or after the effective date of this order;

(iii) any foreign national who has a document other than a visa, valid on the effective date of this order or issued on any date thereafter, that permits him or her to travel to the United States and seek entry or admission, such as an advance parole document;

(iv) any dual national of a country designated under section 2 of this order when the individual is traveling on a passport issued by a non-designated country;

(v) any foreign national traveling on a diplomatic or diplomatic-type visa, North Atlantic Treaty Organization visa, C-2 visa for travel to the United Nations, or G-1, G-2, G-3, or G-4 visa; or

(vi) any foreign national who has been granted asylum; any refugee who has already been admitted to the United States; or any individual who has been granted withholding of removal, advance parole, or protection under the Convention Against Torture.

Reply

Solo June 27, 2017 at 11:22 am

My spelling and grammar is so funny I don’t know what’s with me any who I meant sub section Vi and it clearly states that asylum seekers won’t be affected am not sure abt it so what’s your thoughts Jason

Reply

Shawn June 28, 2017 at 9:50 am

Solo, are you reading the same thing I am reading? There is nothing in the sections that mention asylum seekers. Section B (vi) does not mention anything about asylum seekers. It did, however, mention asylees. An asylee is someone who has been granted asylum. An asylum seeker/applicant is anyone who is seeking asylum.

Jason, in which of the categories, or subjections, would an asylum applicant (not asylee) fall?

Reply

Jason Dzubow June 28, 2017 at 9:54 am

An asylum seeker has a due process right to have his or her case reviewed, and so I think the EOs do not affect asylum seekers. However, the original EO might have temporarily blocked asylum seekers from receiving a final decision. I do not know if, under the new regime created by the Supreme Court, the government will try to implement the EO in a way that delays asylum decisions (and other immigration benefits) for people from the “banned” countries. We will have to see what they do. Take care, Jason

Reply

Solo June 29, 2017 at 4:04 pm

It clearly exempt those who are on advance parole am not sure but if an asylum seeker with pending case gets a travel document they are considered as being on advance parole. Don’t forget This EO was designed to block travelers from the 6 nations (hence the name the travel ban)but it still exempted those on advance parole meaning asylum seekers are free to travel no matter from witch nation they are so long as they can get travel documents since it’s a travel ban I don’t think it will affect any asylum seeker long as they are already in the country that’s how it seems on paper but might be different when implemented this is my opinion

Reply

Jason Dzubow July 3, 2017 at 10:38 pm

I think this is correct, but, like you say, I do think we have to watch to see how it is implemented, as they may try to implement it in a way that is more restrictive. We shall see. Take care, Jason

Jason Dzubow June 28, 2017 at 6:17 am

I agree with you and I think asylum seekers should not be affected by the EO. However, the Supreme Court decision leaves some room to cause trouble for asylum seekers if the Administration decides to do that. We will have to see how they implement the EO, which should be soon. Take care, Jason

Reply

Jason Dzubow July 13, 2017 at 6:04 am

You should talk to a lawyer to fully evaluate your case, as there are many factors in an asylum case. But it seems like you have a basis to claim asylum in the US. Take care, Jason

Reply

Leave a Comment

Previous post:

Next post: