President Trump’s 101-Year Deportation Plan

Joseph Stalin and Mao Zedong had their five-year plans. Nikita Khrushchev had his seven-year plan. And now President Trump has a 101-year plan. That’s how long it will take to deport the country’s 11 million undocumented residents if current trends continue.

Happy Birthday! Now, get the hell out of my country!

The most recent statistics on case completions in Immigration Court show that the Trump Administration has issued an average of 8,996 removal (deportation) orders per month between February and June 2017 (and 11,000,000 divided by 8,996 cases/month = 1,222.8 months, or 101.9 years). That’s up from 6,913 during the same period last year, but still well-below the peak period during the early days of the Obama Administration, when courts were issuing 13,500 removal orders each month.

Of course, the Trump Administration has indicated that it wants to ramp up deportations, and to that end, the Executive Office for Immigration Review or EOIR–the office that oversees the nation’s Immigration Courts–plans to hire more Immigration Judges (“IJs”). Indeed, Jefferson Beauregard Sessions, the Attorney General (at least for now) announced that EOIR would hire 50 more judges this year and 75 next year.

Assuming EOIR can find 125 new IJs, and also assuming that no currently-serving judges retire (a big assumption given that something like 50% of our country’s IJs are eligible to retire), then EOIR will go from 250 IJs to 375. So instead of 101 years to deport the nation’s 11 million undocumented residents, it will only take 68 years (assuming that no new people enter the U.S. illegally or overstay their visas, and assuming my math is correct–more big assumptions).

But frankly, I’m doubtful that 68 years–or even 101 years–is realistic. It’s partly that more people are entering the population of “illegals” all the time, and so even as the government chips away at the 11,000,000 figure, more people are joining that club, so to speak. Worse, from the federal government’s point of view, there is not enough of a national consensus to deport so many people, and there is significant legal resistance to Mr. Trump’s immigration agenda.

In addition to all this, there is the Trump Administration’s modus operandi, which is best characterized as malevolence tempered by incompetence. One statistic buried in the recent deportation numbers illustrates this point. In March 2017, judges issued 10,110 removal orders. A few months later, in June, judges issued 8,919 removal orders.

This means that the number of deportation orders dropped by 1,191 or about 11.8%. How can this be? In a word: Incompetence (I suppose if I wanted to be more generous—which I don’t—I could say, Inexperience). The Trump Administration has no idea how to run the government and their failure in the immigration realm is but one example.

There are at least a couple ways the Administration’s incompetence has manifested itself at EOIR.

One is in the distribution of judges. It makes sense to send IJs where they are needed. But that’s not exactly what is happening. Maybe it’s just opening night jitters for the new leadership at EOIR. Maybe they’ll find their feet and get organized. But so far, it seems EOIR is sending judges to the border, where they are underutilized. While this may have the appearance of action (which may be good enough for this Administration), the effect—as revealed in the statistical data—is that fewer people are actually being deported.

As I wrote previously, the new Acting Director of EOIR has essentially no management experience, and it’s still unclear whether he is receiving the support he needs, or whether his leadership team has the institutional memory to navigate the EOIR bureaucracy. Perhaps this is part of the reason for the inefficient use of judicial resources.

Another reason may be that shifting judges around is not as easy as moving pieces on a chess board. The IJs have families, homes, and ties to their communities. Not to mention a union to protect them (or try to protect them) from management. And it doesn’t help that many Immigration Courts are located in places that you wouldn’t really want to live, if you had a choice. So getting judges to where you need them, and keeping them there for long enough to make a difference, is not so easy.

A second way the Trump Administration has sabotaged itself is related to prosecutorial discretion or PD. In the pre-Trump era, DHS attorneys (the “prosecutors” in Immigration Court) had discretion to administratively close cases that were not a priority. This allowed DHS to focus on people who they wanted to deport: Criminals, human rights abusers, people perceived as a threat to national security. In other words, “Bad Hombres.” Now, PD is essentially gone. By the end of the Obama Administration, 2,400 cases per month were being closed through PD. Since President Trump came to office, the average is less than 100 PD cases per month. The result was predictable: DHS can’t prioritize cases and IJs are having a harder time managing their dockets. In essence, if everyone is a deportation priority, no one is a deportation priority.

Perhaps the Trump Administration hopes to “fix” these problems by making it easier to deport people. The Administration has floated the idea of reducing due process protections for non-citizens. Specifically, they are considering expanding the use of expedited removal, which is a way to bypass Immigration Courts for certain aliens who have been in the U.S. for less than 90 days. But most of the 11 million undocumented immigrants have been here much longer than that, and so they would not be affected. Also, expansion of expedited removal would presumably trigger legal challenges, which may make it difficult to implement.

Another “fix” is to prevent people from coming here in the first place. Build the wall. Deny visas to people overseas. Scare potential immigrants so they stay away. Illegally turn away asylum seekers at the border. Certainly, all this will reduce the number of people coming to America. But the cost will be high. Foreign tourists, students, and business people add many billions to our economy. Foreign scholars, scientists, artists, and other immigrants contribute to our country’s strength. Whether the U.S. is willing to forfeit the benefits of the global economy in order to restrict some people from coming or staying here unlawfully, I do not know. But the forces driving migration are powerful, and so I have real doubts that Mr. Trump’s efforts will have more than a marginal impact, especially over the long run. And even if he could stop the flow entirely, it still leaves 11 million people who are already here.

There is an obvious alternative to Mr. Trump’s plan. Instead of wasting billions of dollars, harming our economy, and ripping millions of families apart, why not move towards a broad legalization for those who are here? Focus on deporting criminals and other “bad hombres,” and leave hard-working immigrants in peace. Sadly, this is not the path we are on. And so, sometime in 2118, perhaps our country will finally say adieu to its last undocumented resident.

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214 comments

  1. hi Jason,
    Keep up with your good work. My question is my asylum was referred to court and I got NTA for all my family. My referral contains this statement that your testimony does not match material evidence(or supporting documents). It also said some of the incidents were not clear.I have U visa approval in hand. My lawyer said this is critical i will have to fight my asylum, and they will take away my U status also. Jason please help me.

    Reply
    • First, you should try to figure out what the inconsistency was – in some cases, this is a big problems; in others, it is something small. If your lawyer was with you in the interview, hopefully he or she took notes so you can determine what went wrong. Also, you may be able to set aside the asylum case and pursue the U visa in court (or by having your court case terminated), or maybe you can pursue asylum and the U visa (or maybe you have other avenues of relief available too). Your lawyer should explain this all to you and evaluate the best path forward. If not, you should find a new lawyer. Take care, Jason

      Reply
      • Jason, i think in few words you explained a lot. God bless you.

        Reply
  2. Hello Jason,

    I have a question I would like yo to help me with: I am living here as an asylum seeker with a pending application. I arrived legally and immediately filed for my application for asylum. I still have my visa but my passport will be expiring in a year. I am about to get married to a Canadian citizen born here in The United States. Will United States give me a traveling document to go to Canada when my sponsorship is approved by Canadian authorities? or as she is a US born can it help in getting a green card here? Please guide me. I don’t know which step to take first. I am moving to the border because it’s better to be together. She doesn’t mind keeping her job in Canada and come to The States everyday, until I am gone to Canada. I will put my name on the short list to fast my interview but I am not sure how long it will take.

    Reply
    • If she is a US citizen, she can file a petition for you to get a green card based on the marriage. I do not know about Canadian law, but I imagine she can file for you in Canada and you can eventually move to Canada as her spouse. She or you should contact a Canadian immigration lawyer about that. If you do that, you should cancel your asylum case by contacting the asylum office and informing them. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  3. August 9, 2017 at 12:10 am
    My question is, can i change status from asylum pending to R1 (Religion minister) status since I have not been call for an interview yet? A religious institutions (church) are willing to file for to change my status but my asylum has been pending since 4 Years now. I will really appreciate your response. Thanks sir & God Bless

    Reply
    • Most likely, this would require you to leave the US, get the R-1, and then return to the US. This may or may not be legally possible and it depends on your case. You can talk to an attorney to evaluate whether this is possible before you start the process. Take care,

      Reply
  4. I apply for asylum almost four (4) Years now still no interview, can a church file for me without me returning back to India? Your reply is important sir & thanks for the good works you have been doing. God bless you

    Reply
    • Hi sp
      Would you mind share with us which office. Thank you.

      Reply
    • I do not know what you mean. A church does not have the power to make a case faster. You could ask to expedite your case. I did an article about that on March 30, 2017 – maybe that would help. Take care, Jason

      Reply
  5. Hi Jason, so grateful for your blog and your hard work for the most weak immigrant community. I have one question regarding a horrible experience I am having right now. I am an Asylum Seeker, I personally work for a Bank but my wife worked for an individual as Nanny that gave her 2 bad checks and when she quit 2 days after was noticed by her bank that both checks were insufficient funds. I know the law protects me in this case but once I attempted to resolve with this person, HE THREATENED ME AND MY WIFE to file a police report and make up that my wife hurt his daughter to affect my immigration process. I know this is intimidation and he is withholding her paycheck that is illegal as well but there is nothing more important to me that my Asylum process. What do you suggest me?

    Reply
    • That is difficult and to be held hostage to him and his threats is a real problem. Passing a bad check may be a crime, and it depends what you want to do, but you could report him to the police. You could also sue him. You might also send him an email repeating what he told you, so you have a record of what he said. Maybe one approach is to wait a month, and then contact him again about the checks. If he has not reported your wife to the police in a month, it would not be very believable if he reported her after you request her salary. Also, you should probably keep as much of your communication with him in writing as possible. If the law allows in your state, you might also record any phone calls (though in some states this is not legal unless you inform him about it). As for the asylum case, unless there is a conviction, an accusation should not have any effect. However, it certainly could complicate the case. The safest bet is to have a lawyer helping you if you can afford it. Good luck, Jason

      Reply
  6. Hi Jason!

    Can you write a post how Asylum Reform and Border Protection Act of 2017 and RAISE act will affect asylum seekers who are going to apply in future and people with pending cases?

    Thanks for everything you do! Best asylum resource on web!

    Reply
    • Ask and ye shall receive – it should be posted tomorrow. Take care, Jason

      Reply
  7. Hello everyone,

    I gave interview on May 8th 2017 in New York still waiting for decision! Anyone from New York in that period of time got decision?
    Thanks

    Reply
    • Hey Jimi,
      Sorry I don’t have an answer to your question as I’m still waiting on my interview.
      Would you mind sharing when you had filed? Also, anything you can tell us about the interview experience would be useful to us NYers (how was the officer assigned to you? Did s/he allow you enough time to talk? Etc.)
      I hope you get an approval soon!

      Best,
      Sara

      Reply
      • Sorry Sara!

        I applied in Jan 2015, got my interview in March 28 but due to some reasons, I request to change my interview date, so next day was May 8. Officer was nice, but he was trying to nervous me at some point I performed well, the only thing I missed few evidence which I suppose to submit them! I went pick up my decision on 25th May and informed I will get decision by mail, same day I met with the officer who took my interview he informed me that they have made my decision but they are not allowed to give me in person so wait for mail. Still today I am waiting for that mail. I have wrote them letter but didn’t get any response, I am going to email them let see what going to happened. If you guys have any other question let me know and sorry for not responding on time..

        Reply
        • Interview in March 2017

          Reply
          • Thank you so much, Jimi, for the detailed response. You’re so awesome for sharing all this info 🙂
            I think that no matter how well we prepare for the interview and how well we do, we’re always going to feel like something could have been done better.
            I hope you get your approval very soon. And I also wish the USCIS would be more direct about when the decision will be ready. How about they skip the whole “pick up your decision” charade and just give it to us straight that it will be a mail out, and will take several months?

            Have a good one.
            -Sara

          • As usual, I agree with all this. Take care, Jason

    • Hi jimi !
      I hope you gonna get a good news
      Would you share you timeline & experience, please ?
      Regards

      Reply
    • You can email them or go there to inquire about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
      • Thank you Jason, I need energy like you! you reply every single person, I have not doubt one day you will be a best attorney of USA. Best wishes.

        Reply
        • Hey Jimi,
          Do you think you may have some energy left to reply to me or L.F.? 😀

          Thanks,
          Sara

          Reply
        • Did you spend all the energy in the interview Jimi…
          Me & Sara asked you, but you just ignore us & replied to Jason..
          Drink one energy drink & if yoy can reply to us
          Still hoping you gonna get a good news

          Reply
          • Sorry L.F!

            I applied in Jan 2015, got my interview in March 28 but due to some reasons, I request to change my interview date, so next day was May 8. Officer was nice, but he was trying to nervous me at some point I performed well, the only thing I missed few evidence which I suppose to submit them! I went pick up my decision on 25th May and informed I will get decision by mail, same day I met with the officer who took my interview he informed me that they have made my decision but they are not allowed to give me in person so wait for mail. Still today I am waiting for that mail. I have wrote them letter but didn’t get any response, I am going to email them let see what going to happened. If you guys have any other question let me know and sorry for not responding on time..

          • Interview in March 2017

  8. Hey again one more question what’s you thought on the new immigration bill do u think it will pass

    Reply
    • I don’t really know, but if I had to guess, I would suspect that it will not pass. Even if it does, the affects seem pretty far in the future, and they could be reversed if we have a better immigration policy. Take care, Jason

      Reply
  9. Hi Jason! I hope you had great weekend. I have a question for you I applied for political asylum in 2015 and stil waiting my interview. I’m curious can I apply for green card lottery ? Will it affect my asylum application ?

    Reply
    • You can apply, and it should not affect your asylum case. However, for most people in your situation, it is not possible (or at least it is very difficult) to get a green card based on the lottery. Since the lottery is free, maybe apply, and if you win, you can hire a lawyer to determine whether you can actually get the GC. Take care, Jason

      Reply
  10. Hello. Thank you so much for this blog. Want to share my experience. I’m from Eastern Europe.
    Applied i589 May 2014
    Received interview notice April 2017
    Got approved July 2017 mail out notice
    Chicago Office
    Thank you

    Reply
    • Congratulations

      Reply
    • Congrats! We r still waiting for the response, so tired of unknown future!

      Reply
    • Thank you for sharing, and welcome to America! Take care, Jason

      Reply
  11. dear Jason
    Thank you for your great and helpful work toward asylum seekers. I have a question and I’ll be grateful if you help me with it. as I have understood when someone enter the US without inspection USCIS will send the case to the court as a defensive process. I need to know does USCIS send the case immediately after receiving or it should wait for interview schedule for example as it is today after at least 2-3 years?
    Many thanks,
    Pati

    Reply
    • It depends on the case. If you were caught at the border and released, your case is probably currently pending with the court. If you entered illegally and did not get caught, you can file an affirmative asylum case. The rule is different for unaccompanied minors, whose cases can be sent to the asylum office (rather than the court) and who are interviewed on a priority basis. Take care, Jason

      Reply
  12. Hi Jason,

    I came here with F-1 visa about 10 years ago and haven’t come back to my country since then. I applied for asylum in Sept. 2016 and 3 months after receiving my application receipt, i stopped taking classes (i.e i quit keeping my student visa). I now have my EAD card. I know that i’m no longer under F-1 status as i’m now pending asylum seeker. However, my I-94 states that my presence here in the US depends on my “Duration of Status”. Am i considered to be overstaying my visa as i’m now out of F-1 status? Or, in another way, is my presence in the US lawful?

    Reply
    • For people with D/S, they are in status as long as they continue to do the activity that they came here for. So you were in status until you quit school. Up until now, the US government has not made a determination that your status has ended, but once they look at your situation, they will make a decision about that. Probably that will occur at your asylum interview (unless for some reason you have contact with USCIS or ICE before the interview). Once they look at it, they will probably determine that you have been out of status since January 2017 or so. Of course, with asylum pending, you are allowed to stay here until your case is decided. Take care, Jason

      Reply
  13. Hi Jason,

    I hope you are well. Is it true that supporting documents such as affidavits, letters, declarations, etc. should be submitted AT LEAST a week in advance of your interview? Can you bring supporting documents with you to the interview? Also, do letters and statements by witness have to be notarized? If they aren’t notarized, can they just sign and submit the letters as are? Thanks for your response.

    Reply
    • Hi Shawn,
      Not in NY – you bring any additional support material with you to the interview, and submit it upon your arrival at the asylum office.
      Other offices require that you send in these documents a week in advance, so it differs from one office to another.

      Reply
      • I don’t think this is true ! Why ? Because when we applied for asylum we never knew the interview is gonna take two-three years… for example me , I applied for asylum but in that moment I prepared all documents (evidence) on that time because my lawyer told me the interview is gonna be in one month ( lied)… i know some thing is changing in my country but for everything I’m trying to get documents…

        Reply
        • Hey L.F.,
          I was talking about new additional support documents – as in any additional evidence you manage to gather while waiting on the interview.
          The policy for the NY office is for you to bring that additional evidence with you on the interview date, not mail it in in advance – at least that’s what my lawyer whom I trust told me.

          Reply
          • Yeah I agree with you…
            I maked everything ready like two years ago, but sicne a lot is changed so I needed more documents, you know

        • The lawyer may have lied, but also, the lawyer may not have known, as interviews used to take only about 2 months. Things began to change in 2012 or 2013, and by 2014 or so, it was clear that interviews were moving very slowly. Take care, Jason

          Reply
      • Thanks, Sara

        Reply
    • It depends on your asylum office. For example, that is the rule in Virginia, but it seems not to be the rule for the Chicago asylum office (though double check with them to be sure). If you bring documents to the interview, the officer might refuse to look at them if the rule in your office is that they must be submitted in advance. We normally do not notarize witness letters – we just include a signature and photo ID, but there is no harm in notarizing letters, as it helps confirm that they are authentic. Take care, Jason

      Reply
  14. Good morning Jason, thank you would be a little word to appreciate you for the work you are doing to answer the questions which we are seeking every where.
    I’ve applied for asylum in 2014 and was granted, I then waited a year, submitted all my taxes and applied for green after after a year in 2016. It’s been 9 months and still I did not receive it. I want to travel to a third country to see my sick Mom. She can barely walk but she is willing to do painful travel to see me. I called USCIS and got three different answer each time. My question is my green card case is pending even after finger prints being done second time, which Travel document option I need to check on Rafugee Travel Docunmet , Advance Parole or Re-entry Permit ? Also the website states if you have pending adjustment of status case and if you have paid the GC application fee then you do not need to pay for travel document fee?
    Please kindly let me know I’m very stressed and worried.

    Reply
    • Given that the GC is pending, your best option is probably the Refugee Travel Document, as you can get that now and it will remain valid if the GC is approved (Advance Parole would end if the GC is approved – and then you would re-enter using the GC). You can only get the re-entry permit if you already have the GC. Theoretically, you should be able to use your I-485 receipt instead of paying separately for the RTD, but we have had problems with this lately – not for the RTD, but for the work permit. You can try sending the receipt, or it might go more smoothly if you just pay the fee for the RTD (I think it is $220, but you need to check the form I-131, available at http://www.uscis.gov). Take care, Jason

      Reply
  15. Hi Jason, I’ve posted a question yesterday and a follow up why I am not seeing it in comments section?

    Thank you

    Reply
  16. Dear Jason,

    Me and my husband have been waiting for our decision after Interview for over two years now, which was in San Francisco office.

    1) What are the latest wait times for getting answer after interview?
    2) Where the case could be gone?
    3) Where should we ask about our asylum case status best?

    Thank you,

    Reply
    • Hi can i ask you when did you applied for asylum and when was your interview?

      Reply
      • Hamid,

        We’ve applied for asylum in November 2013, we had interview in April 2015(1yr 5mo), and no response since then(2yr 3mo since interview).

        Reply
        • It so strange i hope you hear goodnews thease days
          Thank you

          Reply
    • 1 – There is no wait times published. Some people wait this long, or longer, especially men from Muslim countries. 2 – It might be a security background check delay, or it could have been sent to headquarters, or maybe something else (like the asylum officer quit and did not finish the case). 3 – I recommend you inquire about your case by email or in-person. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
      • Thank you Jason,

        Reply
  17. Hey Jason!!
    We all love how nice and committed you are you deserve some kind of award! That being said I applied for my first EAD based on pending asylum 61 days ago and to day they transferred my case to another office is this a good or bad news??

    Reply
    • It is pretty common. I do not think it is good or bad, but at least something is happening. We generally see EADs take 2 to 4 months, so hopefully you will get the card soon. Take care, Jason

      Reply
      • Thanks Jason

        Reply
  18. Hello Jason,

    I am Iranian pending an asylum interview. I have been legally in the US for seven years with my wife and a US-citizen child born here. I have not done worse than receiving a speeding ticket.

    With all the unpredictability and immigration stories, anxiety leads one to consider the worst. Stories of detained families with children are the most terrifying.

    Given the above, is there any possible scenario that would lead to detention. What if the asylum was rejected by the immigration court?

    Reply
    • I have heard no reliable accounts of asylum seekers being detained, unless they have committed a crime or have already been ordered deported. If you lose in court, you can appeal. If you lose the appeal and do not leave, you could be detained and deported at that point, but given that you have not even been interviewed yet, it seems a long way in the future. In other words, I would not worry about being detained. Take care, Jason

      Reply
    • Hi my friend i am iranian too can i ask you which office you applied?and when was your first interview?

      Reply
  19. Hi Jason. Interview is upcoming and written statement was already submitted. I did a self mock-interview and felt that while reasoning was similar in spirit to what is in the letter, my verbal argument was somehow stronger. It could be the emotions interactive communication carries or I could just be under the impression.

    What carries more weight to an asylum officer, the interview or the written statement? Assume (worst-case?) scenario of being only asked clarifying questions during the interview and not having a change to reason about the main claim.

    Reply
    • let me share my experience with you. I had my asylum interview a couple of months ago. I had a written statement already submitted, and during the interview my arguement was more detailed and stronger than the written statement, and the Asylum officer looked eager to hear more, as I was giving more details. But my arguement was consistant with the written statement, and whenever during the interview that I wanted to add extra details, I clearly told to the asylum officer that I would like to add some extra layers. And I picked up asylum approval two weeks latter.
      Asylum officers are there to hear your story and decide based on what you already submitted and what you are telling during the interview. They read ABOUT your case before the interview and they want to HEAR your case during the interview.
      I think it is not problematic to speak detailed and stronger as long as the spoken testimony dont cross and cut the heart of the case (written statement). And a written statement is not a complete thing that would satisfy the asylum officer, the officer want to have a complete and clear picture, so he/she will ask you some other questions surrounding the core statement. Just be clear, consistant and honest. It works!
      It was just based on my single experience. Jason can give you a good advice, as it was so useful in my case.
      Good luck with the interview.

      Reply
      • That,also if there’s a strong evidence add it to your written testimony,don’t think officers are fans of (hey and one more thing).

        Reply
      • I agree with all this – Thank you for the comment, Jason

        Reply
    • I think you need both. As long as your oral statements are consistent with your written statement, you should be fine. Take care, Jason

      Reply
  20. Hello Jason!
    I am a long time fan of your work and your advices help me a lot of time. I want to thank you for that sincerely!

    I have a question about potential detention on the American border after traveling to third country (Belarus) to see my sick father. I do not see any reasons to not let me in. I do not have any criminal activities. Only thing I have is 1 year overstayed of my student status. But I know is not gonna affect me.
    BUT still I am scared of possibility of detention. In this case I will need attorney to help me. And I just wanna have some insurance that I can use your help and call to you to handle my case. Is that possible to use your sevices for example when I am alreday detained?
    Thank you.

    Reply
    • If you have overstayed your visa and you plan to leave and then return, it is very likely that you will not be allowed in. You may not even be allowed to board a plane to bring you here. If you do get back, and you get detained, I potentially could be your lawyer, but you would need to hire me (meaning you need someone who can come to my office to pay me) and it would be very difficult for me to take a detained case that is not in the Washington, DC area, so if you get detained in New York, for example, it would be better to have a local attorney assist you. Take care, Jason

      Reply
      • Oh, I thought that If I Have Advance Parole and my asylum case is pending I will be ok with my visa overstaying. Isn’t that Advance Parole with asylum case pending lift a ban ? Becasue before, I was told that I am ok to travel in that case.
        Thanks

        Reply
        • You can travel with AP, and you should be allowed to return to the US – that should not be a problem. As for the student visa, it is true that until USCIS or some government entity determines that you have unlawful presence, you do not have unlawful presence, but that is easy enough for them to determine, and so just because they have not looked at that issue up until now, does not mean that they cannot look at the issue at any time (including while you are overseas). This would not affect AP, but it would affect your ability to get a new visa to return to the US. Take care, Jason

          Reply
          • Now it makes sense. Thank you!!

      • And also, is that true that Students do not accrue unlawful presence until and unless an immigration official or judge has deemed them unlawfully present.
        Becasue, I came with student visa and just stopped study.
        Thank you so much for you kidness

        Reply
  21. Hi Jason,
    Again me , I like the way that you explain everything and especially you like to time the time for each one of US. Jason do you have any article or can you explain briefly how is going to be the date in front of the judge?, my boss want to go with me ,can he go?, how is all this process? Thank you!

    Reply
    • There is no way to know this, as it varies depending on the judge. Once you go to the Master Calendar Hearing, you will get the final court date (but we are finding that such dates sometimes change, and cases can be delayed further). Take care, Jason

      Reply
  22. Hi Jason, God shower you all blessing, can you guide me for query, I applied Asylum in Los Angeles December 2016 for me & my wife due to threat in home country from state Political party ( not national govt ) & family my case was religion ,social Political , In case of rushing to US I was not able to manage to take all money with me I told my friend to sell my house and send me money but with recent law changes in home country he failed to send money also I was running out of monthly money to pay for rent & food my lawyer didn’t supported or guided me , meanwhile the state political party loosed election so only option for me was to go back my home country and get my money transfer but I didn’t inform US Immigration I did this before applying EAD & I overstayed for 5 months I am currently in my home country busy with money settlement I feel it will take next 7-8 month to get everything resolve , I was told I will not be allowed to enter US once i leave but in future after 3 yrs you can use your B1 visa , My lawyer is not guiding me although i paid him 1500$ for applying case he said now he cant help me , i just want to know do i need to inform USIC by email and will this cancel my B1 visa & permanently barred from entering US . pls, share your advice it will help me to complete pending work .

    Reply
    • I think you will have a hard time returning, and even if you get back, it is likely your asylum case would be denied since you returned to your country. If your B visa is still valid, you can try to come back, but when (and if) you get to the US, they may order you to leave immediately. If that happens, you can apply for asylum at the airport, but likely this will result in you being detained and you will have to present your case from prison. If your wife is still in the US, perhaps she can file her own case and if she wins (which likely will take several years), you can then come to the US as her dependent. Take care, Jason

      Reply
      • Hi Jason , Thanks for reply , I dont want to apply further asylum since people after my life are without power and I have started my small business , I dont know what to do with my pending asylum case should i send mail to department to close that as my lawyer is not responding , also If i come to visit US for tourist purpose or business after 3-4 yrs will they still catch me for my asylum case when i dont want my asylum , Also my wife has came back with me , I am asking this since i made few relation in US and might help in doing future business with US company . If not is there any way i have to hire lawyer to get this case correct so that i can use my B1 visa in future .it will be very kind if you help me on this case .

        Reply
        • If you do not close the asylum case, you will eventually get a deportation order, which will bar you from returning for a period of years. Contact the asylum office and they may be able to help you close the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

          Reply
  23. Dear Jason,

    Please shed some light on RAISE (Reforming American Immigration for Strong Employment) Act with perspective of asylum / asylum seekers.

    Thanks and regards,

    Reply
    • This is on the agenda, but I am currently on vacation, so maybe at some point when I have time. Take care, Jason

      Reply
      • Thanks. It is really amazing that you are replying while on vacations. What a personality you are!

        Take care, and have fun 🙂

        Reply
  24. Hello Jason & everyone
    What is considered a strong case to get approved in Interview??
    For example is it a strong case : if you have like 12 witnesses, papers from doctors back home, papers from doctors here , papers that shows you have to quit two jobs back home and to leave the country, evidence like photos, documents from past activities back home, documents from here that proves you pay taxes, never have a ticket, never stop from police for nothing etc ?

    Reply
    • I think it is difficult to state generally what is a strong case. If you have a lot of evidence that is credible, certainly that helps. But I do not know whether you fear harm based on a protected ground, or anything else about the case, so I really cannot tell how strong the case is. You may want to talk to a lawyer to evaluate the case and tell you the weak points (if any) so you can address those problems. Take care, Jason

      Reply
      • Hi & thanks in advance for reply
        Basically it was from activities of my dad(political & economic) because he found a corruption going on and report it
        They beat my dad, i have prove from doctor, they threat me and my fiancé, my mom because she work in court, they fired with a gun in my home i have proves, i have now documents that my dad is really sick list teo years.. i have bachelor degree, and i have proves that i have to stop master degree in half…

        Reply
        • It sounds like you have some good evidence for your case, so that will help you succeed. Take care, Jason

          Reply
  25. Hi Jason,
    We applied for EAD renewal last June 1,2017 we received the receipt, but our EAD expired last July 29, 2017. Based on the current situations how long does it take to receive the new EAD.
    Thank you and God bless

    Reply
    • We are seeing such cards take 2 to 4 months. You do have an automatic extension of the old card for 180 days. If you need info about that, I did a post (with links to government websites) on January 25, 2017. Take care, Jason

      Reply
      • Thank you Jason.
        God bless.

        Reply
  26. Hi , thanks for the assistance on this website . I would like to ask if you have ever worked on an LGBT asylum case? And if you have what evidence besides a country’s profile . I applied for asylum because I an gay and in my country people are imprisoned if they are gay , so while i was there i was not part of any lgbt groups for fear of victimization. I sent in a country profile with my application but now as I wait for my interview I would like to compile more evidence but i dont know where to start and what would constitute strong evidence in such cases. I would really appreciate hearing from you. Thanks again for the work you are doing here

    Reply
    • Hi Art and Jason,

      I’m in the same situation as well. I’m from Lebanon and I know that going back there as an LGBT person is not safe. In my country’s profile on LGBT rights, there is little written by the State Department’s report or the UN’s for that matter. There are other reports and articles produced by NGOs and certain newspapers. I was wondering if that is enough. Another shortcoming: if LGBT people get harrassed, threatened or even arrested, they rarely report about it to the government or NGOs, first because of fear of being outed and second because the government does nothing to protect LGBT people in Lebanon.

      So any advice or guidance on this matter would be hugely appreciated.

      Thank you!

      Reply
      • Hi Asylum-Seeker

        That is exactly what im going through, I have barrly any evidence because of the fact that when I was in Africa I couldnt do anything because of fear being outed not only to the public but to my family as well. Im very anxious that my case might be weak because of the lack of other evidence .

        Reply
        • I’m also applying for asylum because of my sexual orientation. I’m from Honduras. Most of my evidence is based on bullying I suffered during school and the aftermath; was diagnosed with anxiety, depression and borderline personality disorder. I didn’t accept myself until after going to therapy for those. Now that I’m out and have a boyfriend here I fear going back to Honduras where gay people are killed but no one ever speaks about it.

          Reply
          • You can get country info about Honduras from human rights reports and news articles. Also, get evidence from your therapist, and letters from people who know about your trouble in Honduras. Bullying may not be enough, and you may need to show that you face more serious harm if you return, therefore, evidence of direct threats against you would be helpful, as would country condition info showing that the government does not protect gay people from harm. Take care, Jason

      • Besides what I mentioned before, you might get a letter from an expert – someone who knows about conditions in Lebanon for LGBT people. Also, news article or other reports about how such people are treated. One place to look is “Immigration Equality”. They help with LGBT asylum cases and I think they have a web page listing each country and providing some resources. Take care, Jason

        Reply
    • I do not know your case, so it is difficult to answer. We submit letters from people who know that the person is gay. If they are a member of any LGBT groups (abroad or in the US), we submit evidence of that. We submit country reports and news articles. If the person was injured, we submit medical reports. If it is relevant, we submit police reports. These are some ideas. Take care, Jason

      Reply
      • Hi Jason,

        In my country homosexuality is a crime under the law and is punished of 3 years of prison. When arrested, gays are subject to an anal exam which according to UN is considered as an act of torture. Gays are being arrested on a regular basis (every month we hear about someone being arrested in newspapers). Can I file an asylum claim on a basis of fear of future persecution ?

        Reply
        • Yes, and it may be enough to win since country conditions are so bad. However, if you have been harmed in the past or you have been threatened with harm due to your sexual orientation, that is usually a stronger case. Take care, Jason

          Reply
  27. hello sir
    I got asylum approval before 16 months and applied for the green card before for months, I am receiving food stamp for my family, so with the immigration reform bill announced today, is getting food stamp will abandon me from getting the green card.
    thank you so much

    Reply
    • I did not have time to look at the bill, but I doubt it will affect you, as it has a long way to go before it is a law. Also, generally, asylum seekers are not “punished” with immigration consequences for receiving food stamps. But again, I have not yet seen the bill. Take care, Jason

      Reply
    • Hi Jason,
      Would like to hear from you about TIP- Trump Immigration Proposal, and pending bills in the congress. Please,
      Thank you

      Reply
      • It’s coming, but currently I am on vacation (so why the heck I am working on the blog, I am not sure). Take care, Jason

        Reply
        • In this case we need to wait for the post haha. Enjoy your vocation!

          Reply
  28. Hi Jason,

    Is the new RAISE Act introduced (today) by senators Perdue and Cotton at the WH affect the affirmative asylum procedure already in place (if passed in the Congress)?

    You think things might change for someone with a pending asylum application?

    Thank you for all the info you always give us!

    Reply
    • Doubt RAISE act bill will even pass,this and Stephen Miller briefing were some 4Chan level of xenophobia and trolling.
      even if it did it’ll take 2-3 years i guess.

      Reply
    • I have not reviewed it, and I do think it is a long way from passing. There are some other bills in Congress that might affect asylum, and I will try to do a post about them if I have a chance. Take care, Jason

      Reply
  29. Hi Jason thank you for this website. Could help me pleas I filled asylum case in Miami in 2015 in august 2016 i moved to California but didn’t moved my case. I gave a birth two month ago and my parents wants to come and visit me and see their grandson. I’m trying to fill out ds 160 for b type visa. And I’m curious which address should I put Miami or California ? In Miami we still have address

    Reply
    • You should put the address where you live. If you moved, you should change your address with the asylum office. If you are legitimately using both addresses, then I guess you can use either address for your parents. Take care, Jason

      Reply
  30. Dear Jason .
    1.Could you please do a research to find out why these days many people ate being sent to court even if they have strong case.
    2.I’ve heard that having a family especially with kids born in US can increase chance of winning asylum, is that true,what your thoughts about it?
    3.Does spending much time in the US ,such building ties(such as earning a US degree) also increase the chances of winning
    Thanks

    Reply
    • 1 – This sometimes happen, but I still think most strong cases are approved at the asylum office. 2 – I think it does not help. 3 – I also think it does not help. I think having children and ties to the US is good, and since the decision-makers are human, it may influence the decision. But as far as the law goes, having children or ties to the US generally has no effect on the case. Take care, Jason

      Reply
      • Hi Jason, I have a follow up hypothetical question:

        What will happen to Asylum seeking parents of an infant US citizen if their application is denied? Do Asylum officers risk that a US citizen goes to a potentially dangerous country with their parent?

        Reply
        • Anchor baby or (jackpot baby)is a pretty common thing within illegal immigrants.Having a US citizen baby will not give the parents any privileges till he/she over 21yo.

          Reply
          • I generally agree with this, but there are certain exceptions (like Cancellation of Removal and certain waivers). Take care, Jason

        • A person can be denied asylum even if she has a US-citizen child. They will also deport parents of US citizens. Under some circumstances, a child can help avoid deportation for a parent, but it depends on the case, and for most asylum cases, it has no effect. Take care, Jason

          Reply
  31. Hy Jason,
    Thank you for doing such great job helping asylum seekers all over this country. I have a question for you. I had an emergency situation with my parents and was trying to visit them in a third country. I was freaking out so much mentally, so I went ahead and renewed my passport in order to leave the country since my previous one had expired. Now, when my interview is coming, I’m worried about that. I have failed to go anyways and never left the US. Will they deny my case because I renewed the passport.
    Thank you,

    Reply
    • Until Jason weighs in with his expert advice, I would like to suggest that you try to provide evidence of this emergency situation (eg. a doctor’s note or whatever is relevant). Just keep it on hand for the interview in case you’re asked about the passport renewal.
      A friend of mine who was granted asylum traveled to his country of feared persecution as a GC holder to see his dying father, and he was granted his citizenship with no issues.
      It really sucks to be away from one’s parents, doesn’t it? 🙁

      Good luck.
      Sara

      Reply
      • It really does. Thank you for your reply.

        Reply
        • You’re welcome 🙂

          Reply
      • I agree with all this, but I do think that things may be tougher now, and it is better to be prepared to answer questions about a return trip in case they come up (and hopefully, they will not come up). Take care, Jason

        Reply
        • Thank you Brian,
          That’s the thing that I had an emergency and was freaking out and renewed the passport but I never traveled, since it took to too long to get the new passport.

          Reply
    • I think you will be fine, but you will probably need to explain why you traveled, and you should get evidence about that – maybe your parents or other can write a letter about the emergency that caused you to travel. Take care, Jason

      Reply
  32. Hello Jason,

    I would like to thank you for the great efforts. Now, 150 days have passed since we submitted my wife asylum application in Los Angeles office, and we are applying for work permit (I-765).
    My questions:
    1)what are the documents to attach with my application as a dependent on mywife application and what are the documents to attach with my wife application as the main applicant.
    2) Also in the I-765 what should I write in my current immigration status as dependent of pending asylum applicant who entered on B2 and have expired I94 currently?
    3) Can we send our both applications together in one main envelope and two different envelopes inside it for each application to the requested address?

    Thanks for your time..

    Ibrahim

    Reply
    • I cannot give specific advice about documents that are needed, as I do not know your case details. You have to check the instructions (I-765, available at http://www.uscis.gov), sorry. You can send the applications in one envelope, but you should separate the two cases (maybe staple each one separately) and indicate that there are two cases in the same envelope, so they do not get confused. Take care, Jason

      Reply
  33. Hi Jason , First i would like to thank you and really appreciate all what you do for asylum seekers who very very vulnerable and in deep desperate of any help or guidance at this point in their lives , your blog is amazing and helps a lot, i have been following your blog and posts daily and sometimes 3 or 4 a day too, i open it as soon as i open my eyes in the morning to check whats new! Thanks god I’ve got my approval after waiting for 2 and half years for the interview! I just have a question, the earliest to apply for greencard is exactly 1 year after decison date? Theres no way i can apply earlier than that ? And about the citizenship, is it true i that the 2&1/2 years i waited before my interview could be counted in my 5 years to get the citizenship ? Is there a way to do that? Through filing any kind of cases in court or something?
    One last question , is it ok to apply for a refugee travel document and use it for visiting another country for vacation or tourism , or it should be used only for emergency or family realted issues .

    Thanks a lot for your time, help and support

    Reply
    • You can apply for GC after 1year from winning your asylum,this year only counts in process to apply for citizenship so 4 years instead of 5,the time before being granted the asylum doesn’t count (lol I wish tbh)

      Reply
    • We used to file for the GC after 11 months, but then USCIS rejected one application as too early, and since then, we have always waited the full year. Once you get the GC, it will be back-dated one year (so if you get it today, it will be dated August 1, 2016 – not 2017). You can apply for citizenship 4 years and 9 months from that date (so f you get the GC today, you can apply for citizenship on about May 1, 2021). The time you spent waiting for your asylum case does not have any effect. As for the RTD, you can get it and use it for travel – you do not need any special reason. Take care, Jason

      Reply
  34. The day is finally here, I have to pick up my decision between 1:00-3:00 pm, I have a lot of anxiety, I’m so nervous. I feel they gonna send me to immigration court.
    Waiting for this day since 2014 and now that is here I’m so sensitive, I have 2 girls both are USA citizens 15 and 10 years old they are my main concern .?

    Reply
    • I wish you good luck. And if you feel like it, let us know what happens. Take care, Jason

      Reply
      • Yes I will and thank you !

        Reply
        • Hi, hope all is gonna be in your favor
          What office did you apply
          Let us know what is happening?
          Good luck

          Reply
          • My interview was in Lyndhurst NJ, sure I will let you know a soon a receive my letter.

      • Hello Jason, L.F, Sara and Asylum seeker.
        They sent US to immigration court , so now it’s time to wait for the date.

        Reply
        • Hi Andrea,
          I’m very sorry you didn’t get the approval we were all hoping for. Court referrals seem to be more common now even with strong cases, and from what I’ve been reading on here about people’s experiences, a lot of these cases go on to get an approval in court.
          I sincerely hope this happens for you, and hope the court date is scheduled soon.

          Best of luck.

          -Sara

          Reply
        • Sorry to hear it. I will say that it is generally easier to win a case in the court than with the asylum office, and so certainly there is still hope. When I started doing asylum cases, all my cases were people who were denied by the asylum office (usually they did not have a lawyer), but we went on to win the large majority of these cases in court. It is important to have a good lawyer in court, so you should find someone who can help with your case, as that can make a big difference. I wish you good luck, Jason

          Reply
          • Thank you Jason,
            I do have an attorney, let’s see what happens and how long they gonna take to schedule my appointment.

    • Good luck, Andrea!

      Reply
      • Thank so much Sara!

        Reply
        • Good luck to you.mine is the same asylum office so please let us know what happened with u.n by the way when u had filed?

          Reply
          • Thank you and I will. We filled in Nov 2014.

    • I’m really sorry for your decision, I am also waiting to my decision since May, would you mind to share your country of origin? what you think for the reason for this referral? Thanks and best wishes for court..

      Reply
      • Colombia and then said that is not a lot of evidence to support my case.

        Reply
        • *they.

          Reply
          • Really sorry to hear about all this, please collect evidence as much as you can.. my best wishes always with you…

            Jimi

  35. Hello Jason,
    My MCH is on next year July in Los Angeles.
    My questions are,
    When do you think, my individual hearing will be?
    Can I go to a 3rd country to see my family while it’s on court?
    Thank you verymuch sir, for helping people like us!!
    ?

    Reply
    • I do not know, as it depends on the Judge’s schedule. You cannot travel outside the US and return while you have a court case. Take care, Jason

      Reply
  36. Hi Jason,

    Thank you so much for your blog, it is very informative and helpful. I have a question I hope you will be able to help:
    I am currently in Asylum Pending and TPS. My husband is in TPS and his company is about to sponsor him for a green card. My question is can he add me to the green card application and would I be able to get a greencard too if he gets one?

    Please let me know.

    Thanks again for your help.

    Reply
    • Whether or not you and your husband qualify for the GC and can adjust status in the US, I do not know. But typically, a spouse can get a GC when the principal applicant gets a GC based on a job. Your husband should have a lawyer to assist with the GC case and you can ask that lawyer, as this would be good to know before you start the process. Take care, Jason

      Reply
  37. Dear Jason Dzubow,
    I have a question.I applied last year and now i noted i did a Spell mistake in my testimony(Statement) which needs to be corrected.
    How it could be possible to be corrected?
    Have a nice day.

    Ahmed

    Reply
    • If it is a small mistake, you can just correct it at the interview. If the mistake is important, you might want to submit documents/evidence about that prior to your interview (different asylum office have different rules about when you have to submit documents). But a spelling mistake should not affect the case, at least not normally. Take care, Jason

      Reply
  38. Dear Jason,

    I have a pending asylum application and I heard that the “expert affidavit” is one of the key elements that can make an asylum case successful.

    I would like to ask about the importance of an “Expert Affidavit” for asylum applications. How should it be written? How should we select an “expert” on country conditions? If possible, can you write a post about it?

    Sincerely,
    Ethan

    Reply
    • I don’t use such affidavits all that much, and I tend to think that, except in certain circumstances, they are not all that helpful. In the old days, it was harder to find into about a country, but now with the internet, it is much easier. There are certainly situation where an expert letter can help – especially when internet info is scarce. It is a good topic to write about, and maybe I will do that. Typically, country condition experts are university professors, journalists, former government employees like diplomats, or others who know a lot about the country. I heard something about an expert data base for immigration cases, but I do not know if that is up and running yet. I think your best bet might be Google, though I guess that is a cop-out answer. If you find a data base that helps, please let us know. Take care, Jason

      Reply
      • Dear Jason,

        Thank you for your kind reply. My case already has a lot of newspaper articles and a country human rights report by U.S. Department of State. My only concern is that I only have one chance to prove my case and I want it to be as strong as possible. Anyway, I will be searching for such a database and if I find, I will share with you.

        Sincerely,
        Ethan

        Reply
        • Many lawyers think using an expert is crucial, but that has not been my experience. It can only help the case, though, so why not try to find one? Take care, Jason

          Reply
          • I AM A PROGRSSIVE WOMEN FROM MUSLIM COUNTRY AND WORKED IN MY COUNTRY AGAINST MUSLIM TERRORIST,I KNEW A SENIOR EDITOR IN MY COUNTRY WHO AGREED TO PROVIDE ME EXPERT AFFIDAVITS FOR MY WORK .DO YOU THINK IT WOULD BE HELPFUL FOR MY CASE?I SEEK ASSYLUM BASED ON MY PREVIOUS PHYSICAL HARRASMENT BY ISLAMIC FUNDAMENTALISTS.PLEASE SUGGEST .

          • Any type of evidence – including a letter like the one you describe – would be helpful for your case. I did a posting on August 16, 2012 about how to write a good letter – maybe that would be helpful. Take care, Jason

  39. Dear Sir,

    Very encouraging post for asylum seekers 🙂

    I have a question. We are residing in North Carolina, so our case will be filled in Arlington VA office; if case referred to immigration court then which court will be hearing our case, Arlington VA or Charlotte NC?

    Regards,

    Reply
    • Your asylum office is VA, but I think your court would be Charlotte. I know of no website that shows the jurisdiction of each court, but I am pretty sure there is only one court in NC and that is where you would go. Hopefully, you can just win the case at the asylum office and avoid the court. Take care, Jason

      Reply
  40. Hi everyone.
    Just a word of encouragement.
    Applied my asylum June, 2013.
    Asylum granted indefinitely May, 2017.
    Volunteered, made friends while waiting.
    Met very kind, supportive people.
    Was not afraid to ask for help, seek resources, make mistakes.
    Stayed positive.
    Be strong as you wait.
    Be patient.
    God’s timing is different than ours.
    Thanks Jason for such a wonderful job.

    Reply
    • Congratulations!!
      In which state u had filed?

      Reply
    • Thank you for letting us know and for your encouraging words. We are glad that you are here. Take care, Jason

      Reply
      • Congratulations dear!
        Would you mind to share your timeline and interview experience?

        Thanks

        Reply
  41. Dear Jason and other friends

    I live in North Carolina and I have filled my I-589 application 3 month ago and I received filling receipt after a month but not the biometric invitation letter nor I-797 form yet. my I-94 admission date will be expired in couple of weeks and my driver’s licence as well which based on my I-94 date.
    The problem is the DMV office didn’t accept my receipt with alien number for DL extension and I am not sure that will they accept asylum pending I-797 form as a document for legal presence which there is no clue for it in the handbook or dmv website ?
    Should I wait until my EAD which might take 6 months from now to have it to extend my driver’s license ?
    What the other guys do in other states which don’t have DL for undocumented immigrants like here ?
    Here in NC driving with an international driving permit, which I hold one is not legal, what should I do now ???? Help me plz !

    Reply
    • Most states require the work permit and will not extend your DL just based on a pending asylum case. Unfortunately, there is no good solution to this problem. Or at least, I have not encountered a good solution to this problem, sorry. Take care, Jason

      Reply
  42. Hi Jason
    I filied asylum since Aug 2014,I am still waiting for intervew, now I have 2 kids (twins)and my baby dad is citizen,can he add me petition family instead to wait asylum?
    Or you can give me ideas what he can do

    Reply
    • If you are married to a US citizen, and you are eligible to adjust status (get your green card here), then he can help you. If you are not eligible to adjust, you may be able to get the GC through a program called the “provisional waiver”. You should talk to a lawyer to see whether one path or the other might be available to you. Take care, Jason

      Reply
      • Thank you so much Jason for that idea, GOD PROTECT AND BLESS YOU.

        Reply
  43. Hi jason
    I filed for asylum last year but i did not include the dictot letter at that time. I want to send doctor letter now. Could you tell me what should doctor need to mention ? If he mention only that i was severly injured is it fine or he need to give details ?
    Pls help me with that
    Thanks

    Reply
    • I do not know your case, so I cannot say. Typically, doctors examine scars and indicate whether those scars are consistent with your affidavit. Other times, they do a psychological evaluation to determine whether the person has suffered a trauma. It just depends on the case. Take care, Jason

      Reply
      • Hi Jason , i have a scare on my foot that was caused by Torture and i have clear picture for these scare right after i was released , and when i came here i did the psychological evaluation and the Doctor’s affidavit was very helpful , so do you think that these pictures in addition to the affidavit will strongly affecting my asylum case (i’m still waiting my interview )?
        thx ,

        Reply
        • They should be helpful. You might also want to have a doctor (maybe a dermatologist) look at the scar and write a report. Take care, Jason

          Reply
  44. It’s been 4months now…still waiting for my EAD renewal…I don’t know why Arlington VA is being so late..Any advice Jason..Im really getting worried…Thanks

    Reply
    • Four months is getting a bit long. You can call USCIS and inquire. Their number is on their website: http://www.uscis.gov. On that same website, you can also make an Info Pass appointment (if you prefer) and you can go there and ask in person. Take care, Jason

      Reply
      • Thank you Jason..

        Reply
  45. Hello Jason
    I have filed asylum request since last year.I have decided to withdraw my case.For how long will getting USA visa be problematic? Is there any definite time?
    I have heard that after 5 to 10 years ,they will remove all old records.Is that true?
    Thank you so much for your help.

    Reply
    • If you end up with a deportation order, there is a 5 year bar (I think – it may be 10). But if your case is closed and you do not get a deportation order, there is no rule as far as I know, so you can try to come back immediately. The embassies have a lot of discretion whether to issue a visa, and I think the prior asylum case will be viewed as a negative factor, so you will need to overcome that and demonstrate that you plan to leave the US and the end of your visit. Take care, Jason

      Reply
  46. Hi, i would like to know if you take cases which are under Chicago Asylum office. I live in Omaha Nebraska. How much are your cost approximately??

    Reply
    • Potentially, but I will be away for a couple weeks. You can email me at Jdzubow@dzubowlaw.com. Our fee without interview is normally about $2700. Take care, Jason

      Reply
      • Ok, thank you

        Reply
  47. Hello Jason!
    I got an interview notice that says to bring 3 copies that proves relationship with my brother. We applied both for asylum but the only thing we have is birth certificates. What are the other two copies to prove we are related? Shouldnt the birth certificate be sufficient?
    Thank you so much

    Reply
    • Birth certificate, photos together at different stages of life, school records (maybe you both attended the same schools), passports and other ID documents that show the same family name, and (maybe) letters from people who can attest to the relationship. Basically, anything that shows you have a relationship. Take care, Jason

      Reply
      • The problem is in my home country parents and kids have different last names, it is a tradition. However this is not common in many countries and many people are not familiar with it. Will DNA test be a good idea so the officer can beleive we are true brothers?

        Reply
        • I suppose you can do DNA tests. It is not cheap, but it is not super expensive either. Take care, Jason

          Reply
  48. Hi Jason, my asylum application was approved today! Thank you so much for your help and advices! Im Syrian and my case was approved 3 months after the interview,so luckily I didn’t wait for too long for the security check! I did my interview after 1 year and 8 months as I asked to be listed on the ” short-notice list”. Thank you again and good luck everyone 🙂

    Reply
    • Hi,

      Congratulations on winning your Asylum case,
      Welcome to America!

      Reply
      • Thank you!

        Reply
    • Congrats,may I ask where did you apply?
      Syrian too had my interview after 1 year of applying got recommended for approval after 3 mths,still waiting for approval letter (been a year) :/
      Also did you apply for tps before that?

      Reply
      • I applied in Houston and I applied to TPS as well, I think you should email or go in person to the asylum office to get the approval letter. Keep nagging and if they don’t respond contact the ombudsman, they helped me before with my TPS. Good luck!

        Reply
        • Cool thanks,I’m not sure if the (short notice list)
          Is that effective though,everyone is in a hurry and don’t want to be shelved for 2-3 years.
          Asked about tps because I heard from people with similar situation (def not a lawyer) that tps could delay your case.

          Reply
          • From my experience, the short notice list helped, and providing further reasons to expedite your decision or interview could also help(medical reasons). Also, TPS didn’t slow down my asylum decision. But, what asylum seekers say during the interview could slow down the process (like saying things that might trigger them for exclusion). Anyway, consulting a good experienced asylum attorney before you fill out your application or saying anything should help. (there are many attornies, but not all of them are knowledgeable in asylum). Good luck and try to contact the ombudsman if they don’t answer your inquiries 🙂

    • Congratulations to you and thank you for help making our country great! Jason

      Reply
      • Thank you so much Jason! Your sweet words made my day ?

        Reply
    • ما شاء الله
      مبروك

      Reply
      • Shokran!

        Reply
  49. Hello Jason!
    Hope you are well. After almost 3 years of waiting i finnaly got a notice of an interview in few days. My attorney has not worked on many cases. What should i expect from him on the interview day? Is he gonna speak at all? I have new evidences for new things that have happened in my country for the past 3 years since i applied that support my case, can i bring them on the day of the interview? Thanks for your support.
    Take care

    Reply
    • I wish you good luck in interview,
      Can you please share timeline, and in which office??
      Thanks one more time good luck

      Reply
      • Chicago office applied August 2014

        Reply
    • The short advance notice of interview is a big problem (for us too) as it is relatively new, and it does not leave time to submit additional documents. In my local office (Virginia), documents must be submitted at least one week in advance of the interview. Other offices may have different rules. You can try to contact your local office about the rule. You can find their contact info if you follow the link at right called Asylum Office Locator. The attorney should practice with you for the interview so you are ready. At the interview, the attorney does not do so much – takes notes, makes a closing statement, and maybe asks some clarifying questions. I did a blog post on September 8, 2016 about interviews – maybe that would help. Take care, Jason

      Reply
    • I was interviewed almost three weeks ago at Chicago office. I brought new supporting documents the day of my interview. It was okay.

      Good luck.

      Reply
      • That is allowed in the Chicago office, but it is not allowed in all offices, so be careful about that. Take care, Jason

        Reply
  50. When I feel sad and worried about the future of my kids, when I face people who do not appreciate being born in a free society but prefer to taunt people who left comfort behind to fight for freedom, when I face people who do not appreciate how “there is no place like home” is meaningless to us, when I face those challenges, I come to the asylumist blog to know what you and people in my shoes are saying. Sometimes I become more afraid, sometimes I get cracked up. This one cracked me up. Good Job Jason. You give us hope.

    Reply
    • Thank you – Keep fighting for freedom. We need you here now more than ever. Take care, Jason

      Reply

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